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City Council - 11/01/1994
". AGENDA EDEN PRAIRIE CITY COUNCIL TUFSDAY, NOVEMBER 1, 1994 COUNCILMEMBERS: CITY COUNCIL STAFF: PLEDGE .oF ALLEGIANCE R.oLLCALL 7:30 PM, CITY CENTER. Council Chamber 8080 MitdleIl Road Mayor Douglas Tenpas, Jean 1Iarrk, H. Martin Je.m, and Patricia Pidcock City Mauager Carl J. JuDie, Asdstant City Mauager CIIrB 1iIger, Director of Parks, Recreation'" Natural Resources Bob Lambert, Dil'edor of Public Works Gene Dietz, City AUorney Roger Pauly, and CoundI Recorder INTRODUCTION OF BOY SC.oUT TROOP 347, IMMANUEL LUTHERAN CHURCH I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS n. OPEN PODIUM m. MINUTES A. JOINT CITY COUNCWARTS COMMISSION MEETING BEI,D TUESDAY, SEPI'EMBER 20.1994 B. CITY COUNCIL MEETING BEI,D TUESDAY. OCTOBER 4. 1994 IV. CONSENT CALENDAR A. CLERK'S UCENSE UST B. APPROVE CHANGE ORDER NO.2 FOR DELL ROAD. I.C. 93-5312 C. AUTHORIZE INFRASTRUCTURE STUDY FOR AREA SOUTH OF COUNTY ROAD 1 D. BEARPATH MAINTENANCE BUILDING 2nd Reading of an Ordinance for Zoning District Amendment; Adoption of a Resolution Approving Site Plan Review for Bearpath Maintenance Building. Location: New Riley Lake Road next to the Hennepin County Light Rail Corridor. (Ordinance for Zoning District Amendment and Resolution for Site Plan Review) E. RESOLUTION AMENDING FEE RESOLUTION N.o. ~ RELATING TO DOG UCENSE REGISTRATION FEFS FOR m5 City CouncD Agenda Tuesday, November 1, 1994 Page Two F. RESOLUTION REJECTING BIDS FOR TRAFFIC SIGNAL AT ANDERSON LAKES PARKWAY AND PBFJiERVE BOUT,EYARD AND AUTHORIZE NEW BIDS TO BE RECEIVED. LC. M-SJ.49 G. RESOLUTION AWARDING CONTRAct FOR TRAFFIC SIGNAL AT PRAIRIE CENTER DRIVE AND WEST 71TH STREET AND AT PRAIRIE CENTER DRIVE AND PLAZA DRIVE. LC. 94:5353 H. SET JOINT em COUNCWFLYING croUP AIRPORT ADVISORY COMMISSION MEETING FOR TUESDAY. NOVEMBER 15. 1994. 6:15 PM. AND RESCHEDULE JOINT CITY COUNCDJBIJMAN RIGHTS " SERVICES COMMISSION MEEtING TO TUESDAY. JANUARY 18. 1995. 6:15 PM I. RESOLUTION APPROVING FINAL PLAT OF WALMAltT 2ND ADDITION <WCATED AT THE SOUTHEAST CORNER OF PRAIRIE CENTER. DRIVE AND SINGLETREE LANE) J. RESOLUTION APPROVING FINAL PLAT OF RICHARD THOMPSON ADDmON <LOCATED BETWEEN CHANDI.ER COURT AND CRAIG DRIVEl K. EDEN PRAIRIE FORD EXPANSION 2nd Reading of an Ordinance for Zoning District Amendment; Adoption of a Resolution Approving Site Plan Review for Eden Prairie Ford Expansion; Approval of a Developer's Agreement for Eden Prairie Ford Expansion by Eden Prairie Ford. Location: Valley View Road. (Ordinance for Zoning »&rid Amendment and Resolution for Site Plan Review) L. REVISED SCHEDULE FOR USE OF COMMUNITY CENTER pooL M. RECOMMENDATION TO CHANGE OPEN SKATING TIMES AT THE COMMUNITY CENTER N. WESTGATE SUBSTATION 2nd Reading of an Ordinance for Zoning District Amendment; Adoption of a Resolution Approving Site Plan Review for Westgate Substation; Approval of a Developer's Agreement for Westgate Substation by Northern States Power. Location: Venture Lane and Martin Drive. (Ordinance for Zoning D&:rid Amendment and Resolution for Site Plan Review) O. BEARPATH 4TH ADDmON 2nd Reading of an Ordinance for PUD District Amendment and Rezoning from Rural to RI-13.S; Approval of a Developer's Agreement for Bearpath 4th Addition by Bill Gllk and Sienna Corporation. Location: Dell Road and Highway 212. (Onlinanee for PUn District Amendment and Rezoning from. Rural to Rl-13.5) City Council Agenda Tuesday, November 1, 1994 Page Three P. HARTFORD PLACE 2nd Reading of an Ordinance for Rezoning from Office to RI-13.5, Office to RM-6.5, and Office to C-Reg Service; Adoption of a Resolution Approving Site Plan Review for Hartford Place; Approval of a Developer's Agreement for Hartford Place. Location: Rolling Hills Road and Prairie Center Drive. (Ordinance for Rezoning from OrrICe to 1U-13.5, Off"JCe to RM-6.5, and Office to C-R.eg. Service and Resolution for Site Plan Review) Q. RESOLUTION APPROVING FINAL PLAT FOR WFSTON WOODS ON ANDERSON LAKE <MARK OF EXCET,I/ENCE Boo/DERS) WITHJN THE HARTFORD PLACE DEVELOPMENT <LOCATED EAST OF PRAIRIE CENTER DRIVE WITHIN )JRAlRIE LAKES DRIVE AND ROLLING HU,lS ROAD) R.. RESOLUTION APPROVING FINAL PLAT FOR TBE SANCTUARY (NEDEGAAKD HOMES> WITHJN THE HARTFORD PLACE DEVEWPMENT (lDCATED EAST OF )JRAlRIE CENTER DRIVE WITHJN PRAIRlE LAKES DRIVE AND ROLLING HU,lS ROAD) S. RESOLUTION APPROVING FINAL PLAT FOR HARTFORD PLACE 2ND ADDmON CPULTE HOMES EAST AND WESD WITHIN THE HARTFORD PLACE DEVELOPMENT <LOCATED EAST OF PRAIRlE CENTER DRIVE WITHIN PRAIRlE LAKFJi DRIVE AND ROLLING BU,lS ROAD) T. RESOLUTION APPROVING FINAL PLAT FOR HARTFORD PLACE RETAIL ADDmON (RYAN CONSTRUCTION) WITHJN THE HARTFORD PLACE DEVEWPMENT <LOCATED EAST OF PRAIRIE CENTER DRIVE WITHIN PRAIRlE LAKES DRIVE AND ROLLING BU,lS ROAD) v. PUBLIC HEARINGSIMEETINGS A. MCDQNALDSPLAYLAND ADDmON by McDonalds. Request for PUD Concept Amendment and PUD District Review on 1.5 acres, Site Plan Review and Zoning District Amendment on I.S acres for a playland addition. Location: Prairie Center Drive and Highway 169. (Resolution for PUD Concept Amendment, Ordinance for PVD DWrid Review and Zoning District Amendment) Continued from October 4, 1994 B. SPECIAL ASSESSMENT HEARING FOR TBE APPROVAL OF THE 1994 SPECIAL ASSESSMENTS (Resolution) City Council Agenda Tuesday, November 1, 1994 Page Four C. CITY W¥ST ACRES/CENTRON DPL COMPANY by Ryan Construction Company of Minnesota. Request for PUD Concept and District Review on 12.4 acres, Zoning District Amendment in the 1-2 Park Zoning District on 12.4 acres, Preliminary Plat on 12.4 acres into 2 lots and Site Plan Review on S.2 acres. Location: City West Business Center. (Onlinure for Zoning DRrid Amendment and PVD DRrid Review in the 1-2 Park Zoning District on 12.4 acres; Resolution for PUD Concept on 12.4 acres and Resolution for Preliminary Plat of 12.04 acres) D. LAKE EDENVIEW TOWNHOMES by Thompson Land Development. Request for Comprehensive Guide Plan Change from Neighborhood Commercial to Medium Density Residential on 1.64 acres, and from Low Density Residential to Medium Density Residential on .96 acres, Rezoning from Rural to RM-6.S on 2.6 acres, Site Plan Review on 2.6 acres and Preliminary Plat of 2.6 acres into 8 lots. Location: Franlo Road, south of Prairie Center Drive. (Ordinance for Rezoning from Rural to RM-6.S; Resolution for Comprehensive Guide Plan Change and Resolution for Preliminary Plat) E. VACATION 94-49. vACATION OF PART OF THE RIGHT-OF-WAY FOR W¥ST 82ND STREET (SQUTH oo,Yl (Resolution) F. VACATION 94-10. VACATION OF EASEMENT FOR PUBUC ROAD RIGHT-OF-WAY FOR PART OF TECHNOLOGY DRIVE IN SECTION H (Resolution) G. VACATION 94-11. VACATION OF PART OF THE RIGHT-OF-WAY FOR W¥ST 82ND STREET (NORTHERLY> (Resolution) H. VACATION 94-12. VACATION OF A TEMPORARY EASEMENT FOR PART OF DELL ROAD wcATED IN SECTION 6 (Resolution) I. VACATION 94-13. VACATION OF PART OF THE RIGHT-OF-WAY FOR PRAIRIE LAKFS DRIVE (Resolution) J. VACATION 94-14. VACATION OF DRAINAGE AND UTILlTY EASEMENTS IN CITY WFST BUSINESS CENTER (Resolution) VI. PAYMENT OF CLAIMS VII. ORDINANCFS AND RESOLUTIONS VIII. PETITIONS. REQUESTS AND COMMUNICATIONS A. REQUFST FROM BTPO FOR CONTRACT ADJUSTMENT FOR PROFESSIONAL SERVICES FOR MU,I,ER PARK City Council Agenda Tuesday, November 1, 1994 Page Five IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITl'EES x. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COVNCILMEMBEBS B. REPORT OF CITY MANAGER. C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCFS D. REPORT OF DIRECTOR OF COMMUNITY DIWETDPMENT 1. Outdoor Sales and Dimlays AmeDcJment E. REPORT OF DIRECTOR OF PUBUC WORKS 1. Review of Midwest As.phSlIt land Alteration Pennit (Continued from October 4, 1994) 2. DeB Road Traff"1C Study Update F. REPORT OF CITY ATTORNEY xu. OTHER BUSINF.SS XIn. ADJOURNMENT MINUTES JOINT MEETING BETWEEN THE EDEN PRAIRIE ARTS COMMISSION AND THE EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 20, 1994 COUNCILMEMBERS: COUNCIL & COMMISSION STAFF: COMMISSION MEMBERS: I. INTRODUCTIONS 6:30 P.M. CITY CENTER COUNCIL CHAMBERS Douglas B. Tenpas, Mayor; Jean Harris, H. Martin Jessen, Patricia Pidcock Carl Jullie, City Manager; Bob Lambert, Director of PRNR; Laurie Helling, Manager of Recreation Services; Gina Larson, Recording Secretary Beth Beutell, Chairperson; Deb Campbell Potter, Joe Howard, Thomas McGrew, Barbara Nordby, Daniel Rieppel, Em Stark, and Student Representative Jason Wainwright The meeting was called to order at 6:30 p.m. Commissioners Potter and McGrew were absent. II. FORMATION OF ARTS COMMISSION presented by Beth Beutell III. 1994 SUMMER THEATRE PRODUCTION "ANYTHING GOES" presented by Em Stark. (A video presentation was shown.) Stark explained that there had been three shows in the past three years. He said it is important to have financial support. He noted that 15 years ago the City had a strong theater group, but didn't have financial backing and they rented the high school auditorium. The present option makes it much less expensive. Stark said the 1994 conservative budget amount is $4,000. Stark reported that in '92 there were four performances of Li'l Abner, with an average of 500 people attending each. There were six local residents. Last year there were six performances and the attendance averaged 420 people each. In 1994 there were five performances (Wednesday, Thursday, Friday Saturday, Sunday) and 525 people attended. Stark said they strived for more Eden Prairie participation in the cast. There were 13 local people in the cast The show cost $4,200 and they took in $1,100 in donations. Stark stated doing the show outside limits what can be done. He said in June the show couldn't start before 7 p.m. Joint Meeting of City Council & Arts Commission 2 September 20, 1994 Pidcock stated that the community theatre is a real plus for the community. Stark suggested considering doing straight drama and use the Eden Prairie City Center. Stark said expenses for a production included operating expenses, supplies, building materials, postage, and mailings. One-half was for directing staff and one-half was for production. Stark said the school district spends $12,000 to $14,000 to stage a production. IV. 1994 STARING LAKE CONCERT SERIES presented by Barbara Nordby. Nordby said the first concerts in the park began in 1983. She said the concerts were held at Round Lake and included Eden Prairie Community Band, John Philip Sousa, and WCCO Brass Ensemble. Nordby said they started expanding concerts to Sundays. In 1990 the amphitheatre opened. A contribution of $7,000 was given by Lioness group over the next two years and $3,500 went toward a sound system, speaker stands, and banners this Summer. Nordby said evaluations were completed at the concerts. Joel Westacott runs the sound system and he also evaluates each performance group. The concerts include cultural diverse groups, classical and children's band. The Teddy Bear Band drew 1,000 people. Nordby said Muriel Humphrey residents and the new group home from Faribault area show lip often for the concerts. In 1994 there were 7,480 people at all the concerts and 2,625 for the five performances of "Anything Goes." The Parks and Recreation Info Line was added and residents could call in about cancellations and relocations. V. YOUNG AUDIENCE PROGRAM Not presented and decided to discuss at a later time. VI. CITY CENTER ART Not presented and decided to discuss at a later time. VII. CENTER FOR THE ARTS presented by Beth Beutell. (A video presentation was shown.) A discussion was held about other com mum tIes that have a center for the arts. Minnetonka has a center that serves three to 90-year-olds. Some professional artists reside there. All levels of experience work there. In 1990, the City bought the Boyce property by Staring Lake. This proposed center could be rented for public meetings and could include a gift shop and interpretive events. In 1992, the Foundation chose to support the Arts Center. When the Foundation started Harris said the Arts Commission had a great role to play in Arts Center. Joint Meeting of City Council & Arts Commission 3 September 20, 1994 Jessen said they should steer towards how all this comes together. The City cannot throw unlimited amounts of money at this project. He said there should be somebody besides the City doing the whole role. Beutell said Hopkins paid $2.6 million for their theatre. Beutell said operating costs would be a factor. Jessen suggested not making a commitment at this point. Pidcock said she was in full support. VIII. ADJOURNMENT Mayor Tenpas adjourned the meeting at 7: 15 p.m. TUESDA Y, OCTOBER 4, 1994 COUNCILMEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLL CALL MINUTES EDEN PRAIRIE CITY COUNCIL 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road Mayor Douglas Tenpas, Jean Harris, H. Martin Jessen, and Patricia Pidcock City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson Mayor Tenpas called the meeting to order at 7:30 p.m. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jessen added item XI.A.l. Discontinuance of Joint City/Community Education Pro2ram Brochure. Pidcock added item XI.A.2. Discussion of Parks & Recreation Commission. Jullie added item XI.D.1. Pro2ress Report on Fixed Asset Inventory. MOTION: Pidcock moved, seconded by Jessen, to approve the agenda as submitted and amended. Motion carried unanimously. II. OPEN PODIUM Jack Shimota, President of the Eden Prairie FoxJet Swim Club, expressed concern about the hardship the proposed changes to the hours at the Community Center would impose on the students in the club. Tenpas said there will be a meeting scheduled soon with representatives of the FoxJets and the Parks Commission that Council member Jessen has also agreed to attend. III. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY. SEPTEMBER 20. 1994 MOTION: Pidcock moved, seconded by Jessen, to approve the minutes of the September 20, 1994, meeting as submitted. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION #94-152, APPROVING RAFFLE PERMIT -TELEPHONE PIONEERS City Council Minutes 2 October 4, 1994 C. APPROVE CHANGE ORDER NO. 1 FOR DELL ROAD. I.C. 93-5312 D. NORWEST BANK 2nd Reading of an Ordinance for Zoning District Amendment on approximately 2 acres for a 2,800 square foot bank addition and Adoption of a Resolution Approving Site Plan Review for Norwest. Location: 935 Prairie Center Drive. (Ordinance #37-94, Zoning District Amendment and Resolution #94-153, Site Plan Review) E. EDEN PRAIRIE MALL EXPANSION -PHASE II by Homart Development Company. 2nd Reading of an Ordinance for PUD District Review with waivers on 80 acres, Zoning District Amendment on 80 acres, Adoption of a Resolution Approving Site Plan Review on 80 acres, and Approval of a Developer's Agreement for Eden Prairie Mall Expansion -Phase II (Ordinance #38-94-PUD-6-94, PUD District Review and Zoning District Amendment and Resolution #94-154, Site Plan Review) F. RESOLUTION #94-155, APPOINTING ELECTION JUDGES FOR THE NOVEMBER 8TH GENERAL ELECTION MOTION: Harris moved, seconded by Pidcock, to approve items A. -F. of the Consent Calendar as presented. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. LAKESIDE by K-P Properties, Inc. Request for Zoning District Change from Rural to Rl-13.5 on 11 acres, Preliminary Plat of 11 acres into 16 single family lots and road right-of-way. Location: Duck Lake Road and Duck Lake Trail. (Ordinance for Zoning District Change from Rural to RI-13.5 on 11.04 acres and Resolution for Preliminary Plat of 11.04 acres) Continued from August 16, September 6, 1994, and September 20, 1994) Jullie said K-P Properties has asked to withdraw their request. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing and return the project to the proponent without prejudice. Motion carried unanimously. B. RIVERVIEW HEIGHTS 2ND ADDITION by Hustad Homes and Robert and James Brown. Request for PUD Concept Review on 39.45 acres and PUD District Review with waivers on 12.85 acres in the RI-22 Zoning District and Preliminary Plat of 12.85 acres into 12 single family lots. Location: Riverview Road east. (Resolution #94-156, PUD Concept Review, Ordinance for PUD District Review and Resolution #94-157, Preliminary Plat) Continued from September 20, 1994 Beth Simonstad, representing Hustad Land, reviewed the proposal. Enger said the Planning Commission unanimously approved the at their August 22, 1994, meeting. Lambert said the Parks, Recreation & Natural Resources Commission reviewed the project on October 3rd and recommended approval, with the additional recommendations that, prior to 2nd Reading, the developer designate the location of a trail from the end of the existing plat to the river through the outlot and that construction of the sidewalk trail connection to Riverview Road and East Riverview Road be tied to an early trigger in the 2nd Addition, such as building permits. It is City Council Minutes 3 October 4, 1994 important that the sidewalk be constructed before any more homes are constructed to ensure that people are not surprised by a sidewalk in the future. Dietz noted that the extension of the right-of-way to the east is shown as an outlot on the plans rather than a right-of-way, and asked that the plans be corrected to resolve that discrepancy. He also noted for the record that the City plans to abandon the existing temporary lift station on the site in favor of the one to be constructed with this phase of the project. Council members expressed concern about the possible acquisition of additional land for the Minnesota Wildlife Refuge, the questions raised by the neighborhood concerning the height of the project, and whether all of the trail issues are feasible with respect to the development plans. Lambert said it should be feasible to connect the sidewalk to Riverview Road, and recent discussions with the U.S. Fish & Wildlife Service indicate that they have returned to their original boundaries and will not seek to acquire any of this property. Simonstad said the property where the proposed sidewalk connection is located is owned by the builder but is within the right-of-way. Laurel Bluml, 10540 W. Riverview Drive, expressed several concerns including inadequate and incorrect notification for the proposal, changes to this portion of the river bluffs area without having an overall plan for the bluffs, the increased traffic on East Riverview Drive that will occur with the planned development and the road extension to the first cul-de-sac, the calculation of the tree loss as including trees on the floodplain, and the Williams Pipeline access. Jessen said the Open Space Committee recommended not to purchase this property as part of their preliminary plan two years ago since there were no funds for the purchase. Enger said the PUD is the entire property, so the tree calculation is on all of the owned property. Dietz said the primary pipeline access is the MWCC access in the floodplain, and, if any other access were necessary, they would consider strengthening the driveway along the east line with the stipulation that Williams would make any necessary repairs. Dennis Chase, 10531 East Riverview Drive, expressed concern that there may be an adverse impact on the environment and that the siting and the elevations of the homes might interfere with the view from his home, affecting the value of his property. Simonstad reviewed the scenic easement that will be placed on the back of Lot 9 that will protect the view for the neighbors. Gay Pope, 10541 East Riverview Drive, expressed concern that the primary value of their lot is the view and this development may adversely affect that view, that there should be a one-story home built in the lot directly adjacent to their property, and that the trees behind the proposed properties should be saved as much as possible. Laurel Bluml expressed concern about the possibility that the outlot is being created in order to extend the roadway, the fact that the Metropolitan Council recommended that the development not be approved two years ago because of the wildlife and the bluffs, the proposed trail giving access to the floodplain areas and causing increased traffic through the areas that suffered severe erosion in 1987 and 1988, and the delay in the restoration of vegetation lost during those years. City Council Minutes 4 October 4, 1994 Dietz said there is a possibility that the roadway could go out to Riverview Road; however, there is not a potential for a very large number of homes even with future development of the Schlampp property. Lambert said there will be a trail access at this point, five or six accesses are planned to the river trail from our trail system, and the Metropolitan Waste Commission has indicated that much of the r~planted vegetation has been killed by deer browsing. Lambert said Staff recommends that the developer show on the map a designated location for a cleared connection to the trail down to the river. Kevin Bluml, 10540 W. Riverview Drive, was concerned about the same problems from two years ago recurring, the trail being closer to his home now, and the additional traffic through his neighborhood. MOTION: Harris moved, seconded by Pidcock to close the Public Hearing; and to approve 1st Reading of an Ordinance for PUD District Review with waivers on 12.85 acres. Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock, to adopt Resolution #94-156, PUD Concept Review on 39.85 acres; to adopt Resolution #94-157, Preliminary Plat approval; and to direct Staff to prepare a Developer's Agreement incorporating the Commission, Staff and Council recommendations, including the continuance of the sidewalk from Riverview Road and East Riverview Road. Motion carried unanimously. C. MCDONALDS PLAYLAND ADDITION by McDonalds. Request for PUD Concept Amendment and PUD District Review on l.5 acres, Site Plan Review and Zoning District Amendment on 1.5 acres for a playland addition. Location: Prairie Center Drive and Highway 169. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment) Continued from September 20, 1994 Jerry Roper and Craig Barnes, representing McDonalds, reviewed the changes made to the proposal after the September 20th meeting. There were no comments from the audience. Council members expressed concern that the changes proposed did not help to integrate the building with the existing architectural integrity of the area and that the playland addition is still out of proportion with the restaurant building. Council members suggested that the developer work with Staff to revise the design. MOTION: Pidcock moved, seconded by Harris, to continue the request to the October 18th meeting. Motion carried unanimously. D. WESTGATE SUBSTATION by Northern States Power. Request for Zoning District Amendment in the I-General Zoning District on 7.10 acres and Site Plan Review on 7.10 acres. Location: Venture Lane and Martin Drive. (Ordinance for Zoning District Amendment) City Council Minutes 5 October 4, 1994 Stu Frazer, Community Services Manager for NSP, reviewed the proposal and requested an early grading permit if the project is approved. Enger said the Planning Commission recommended approval of the project on a vote of 6-0-1 at their meeting on September 12, 1994. There were no comments from the audience. MOTION: Pidcock moved, seconded by Jessen, to close the Public Hearing; to approve 1st Reading of a Zoning District Amendment in the I-General Zoning District; and to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. MOTION: Pidcock moved, seconded by Jessen, to approve the request for early grading of the property at the developer's risk. Motion carried unanimously. E. BEARPATH 4TH ADDITION by Bill Gilk and Sienna Corporation. Request for PUD District Amendment to the Bearpath PUD on 5.02 acres, Preliminary Plat of 51 acres into 9 single family lots and 4 outlots, Rezoning from Rural to Rl-13.5 on 5.02 acres. Location: Dell Road and Highway 212. (Ordinance fOI' PUD District Amendment, Rezoning from Rural to Rl- 13.5 on 5.02 acres and Resolution #94-158, Preliminary Plat) John Vogel bacher, representing Sienna Corporation, reviewed the project. Enger said the Planning Commission recommended approval of the project at their September 26, 1994 meeting. He said Staff is now recommending the deletion of the requirement regarding a special assessments agreement. Lambert said the Parks, Recreation & Natural Resources Commission on October 3rd and unanimously recommended approval. Dick Putnam, representing Tandem properties, asked about plans for developing the rest of the Gilk property and the status of the Highway 212 project. Dietz said Staff would be meeting with MNDoT to review the Highway 212 issue, noting that the proposed acquisition line has been revised to minimize the land taken from the Gilk property. Enger said this proposal uses the remnants from the proposed taking for Highway 212. Council members questioned Outlot D. Enger said it is a private road in Bearpath. MOTION: Pidcock moved, seconded by Jessen, to close the Public Hearing; to approve 1st Reading of the Ordinance for PUD District Amendment on 5.02 acres and Rezoning from Rural to Rl-13.5 on 5.02 acres; to adopt Resolution #94-158, Preliminary Plat approval; and to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. F. DOOLITTLES AIR CAFE by Doolittles Air Cafe. Request for Zoning District Amendment and Site Plan Review on 18.54 in the Commercial Regional Service Zoning District and Preliminary Plat of 21.41 acres into 2 lots and road right-of-way. Location: Singletree Lane and Prairie Center Drive. (Ordinance for Zoning District Amendment and Resolution #94- 159, Preliminary Plat) City Council Minutes 6 October 4, 1994 Jeffrey Rapp, of Michael Wilkus Architects, reviewed the project and requested an early grading permit if the project is approved. Enger said the Planning Commission recommended approval of the project by a 5-2 vote at their September 12, 1994 meeting. He said the main discussion at the Commission concerned whether the aviation tower is a sign and the exterior lighting on the building. He said Staff is recommending that the City standards for the downtown area be followed in order to be consistent. Lambert said the Parks, Recreation & Natural Resources Commission recommended approval of this project at their September 19, 1994 meeting on a 6-0 vote, with the provision that the proponents agree to pay cash park fees of approximately $9,620. He added that the Commission recommended the cash park fees be based on this building plus the parking lot, even though the WalMart site was not subject to cash park fees at the time it was developed and, since it is now being subdivided, could be required to pay $69,000 in park fees. Council members questioned why WalMart was not required to pay park fees at the time of development. Lambert said they bought the entire site and did not subdivide at that time. Dan Olson, Counsel for Doolittles, said they have tried to negotiate with WalMart about the park fees; however, WalMart has stated they would risk litigation over the contract and back out of the deal if the $69,000 park fees are assessed. There were no comments from the audience. Council members discussed the park fees to be placed on the project and the possible setting of precedent if WalMart does not have to pay any of the fees or if the fees set for Doolittles are reduced from the full amount due. MOTION: Pidcock moved, seconded by Jessen, to close the Public Hearing. Motion carried unanimously. MOTION: Jessen moved, seconded by Pidcock to approve 1st Reading of the Ordinance amending the Zoning within the Commercial Regional Service Zoning District on 18.52 acres; to adopt Resolution #94-159, Preliminary Plat approval; and to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations, including cash park fees in the amount of $5,000. Motion carried unanimously. MOTION: Jessen moved, seconded by Pidcock, to approve the request for early grading of the property at the developer's risk. Motion carried unanimously. G. SHADY OAK RIDGE 4TH ADDITION by Joe Ruzic. Request for Zoning District Change from Rural to RI-13.5 on 2.28 acres and Preliminary Plat of 2.28 acres into 3 lots. Location: Rowland Road and Old Shady Oak Road. (Ordinance for Zoning District Change and Resolution #94-160, Preliminary Plat) Don Sorenson, attorney for Joe Ruzic, reviewed the request. Enger said the Planning Commission recommended unanimous approval of the project at their September 12, 1994, subject to recommendations of the Staff Report of September 9th and subject to reaching an City Council Minutes 7 October 4, 1994 appropriate agreement for removal of an existing metal garage on Mr. Ruzic's homestead when the property is sold, or in 20 years. Judy Frank, 6613 Cherokee Trail, expressed concern that the surrounding property was developed with strict covenants regarding outbuildings and now they will be forced to overlook construction equipment and the very large metal garage for the next 20 years. Council members expressed concern that prior requirements set forth in initial development stage of this property may not have been met. Jullie said he did not recall what those were, and the records would have to be reviewed. Mr. Ruzic said he will remove the construction equipment from his property as soon as the construction is completed. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing; to approve 1st Reading of the Ordinance for Zoning District Change from Rural to RI-13.5; to adopt Resolution #94-160, Preliminary Plat approval; to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations to include the additional agreement regarding the removal of the metal garage when the property is sold, developed, subdivided or at the end of 20 years. Further, that Staff is directed to research the records to determine if all previous requirements regarding development of this property have been met, and, if not, that the developer be required to meet all previous conditions prior to any additional development on this parcel. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Harris, to approve the Payment of Claims as presented. Motion carried on a roll call vote, with Ha.'ris, Jessen, Pidcock, and Tenpas voting "aye". VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS, COMMISSIONS & COMMITTEES X. APPOINTMENTS A. HUMAN RIGHTS & SERVICES COMMISSION/HUMAN SERVICES COMMITTEE - (l Appointment to fill a vacant tCI111 to 2/28/95) MOTION: Jessen moved, seconded by Harris, to appoint Lawrence Schram to the unexpired term ending February 28, 1995, on the Human Rights & Services Commission/Human Services Committee. Motion carried unanimously. B. HUMAN RIGHTS & SERVICES COMMISSION/HUMAN RIGHTS COMMITTEE -(1 Appointment to fill a vacant teml to 2/28/96 City Council Minutes 8 October 4, 1994 MOTION: Jessen moved, seconded by Harris, to appoint Munna Yasiri to the unexpired term ending FebnIary 28, 1996, on the Human Rights and Services Commission/Human Rights Committee. Motion carried unanimously. C. HUMAN RIGHTS & SERVICES COMMISSION/HUMAN RIGHTS COMMITTEE -(1 Appointment to fill a vacant term to 2/28/97 MOTION: Jessen moved, seconded by Harris, to appoint Dianna Nelson to the unexpired term ending February 28, 1997, on the Human Rights & Services Commission/Human Rights Committee. Motion carried unanimously. D. HUMAN SERVICES COMMITTEE -(2 Appointments to fill vacancies) MOTION: Jessen moved, seconded by Harris, to appoint Pat Nash and Ramon Reina to vacancies on the Human Services Committee. Motion carried unanimously. E. APPOINTl\1ENT OF YOUTH/STUDENT REPRESENTATIVES TO COMMISSIONS MOTION: Jessen moved, seconded by Pidcock, to appoint the following people as Youth/Student Representatives to the City's Commissions and Boards: Keilah Beth Amundson Mark Bremer Mandy Lewis Matthew Mahoney Joseph Moarefi Brian Mustanski Sheila Sahu Jason Wainwright Henry Wang Angela Lee Wutz Heritage Preservation Commission PRNR Commission Environmental & Waste Management Commission Planning Commission Human Rights & Services Commission PRNR Commission Environmental & Waste Management Commission Arts Commission Human Rights & Services Commission Arts Commission Motion carried unanimously. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS I. Discontinuance of joint City/Community Education Proeram Brochure Lambert said the Community Education staff has decided to discontinue the joint brochure because it has become too large. Jessen expressed concern that communications on such topics are not good. City Council Minutes 9 October 4, 1994 2. Discussion on Parks. Recreation & Natural Resources Commission Pidcock said she attended a recent meeting of the Commission and was impressed by their efficient and professional performance. B. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 1. Review of Community Center Locker Room Expansion Plan and Recommended Community Center Future Improvements As Council directed earlier this year, Staff commissioned a study of the cost to expand the locker rooms and to address the problems of entry control at the Community Center. Lambert reviewed the staff report of October 4, 1994 that described the Community Center Locker Room Expansion Plan and recommended future Community Center improvements. He said the decisions made at the last Council meeting regarding the purchase of additional property in the City means that any expansion of this size will require a referendum. He suggested that these recommendations be considered as a concept plan that will be ready to use when the funds are available. Council members questioned the possibility of some interim measures that could address the problem of inadequate locker room space. Lambert said it would be difficult to address the locker room space without involving other areas of the building. Council members suggested that Staff treat this as a money issue and determine what additional revenue the improved locker room space would create, that the Council should have a workshop to make some decisions on issues like this, and that as the budgets are prepared, we should break out revenue increases due to referenda passed by the public. MOTION: Jessen moved, seconded by Harris, to approve Scheme E as the preliminary floor plan for future expansion at the Eden Prairie Community Center. Motion carried unanimously. C. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT 1. Prol,!ress Report on Fixed Asset Inventory Enger said we are switching to a new program to develop the lO,OOO-item inventory of our $80 million in fixed assets. He said City Auditor Bill McCue suggested that a $1,000 threshold is reasonable and that items under $1,000 should be done in a group. He said they are targeting March of 1995 for completion. Council members questioned why the threshold could not be set higher. Enger said $1,000 is a comfort level for the auditor. MOTION: Jessen moved, seconded by Pidcock, to accept the recommendations of the auditor for implementing the fixed asset inventory for items over $1,000 in value. Motion carried unanimously. City Council Minutes 10 October 4, 1994 D. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Approve Sale of Parcel of Land to Wallace Hileren (Klear Flo) Dietz reviewed his memo of October 4, 1994, which outlined the proposed sale. MOTION: Harris moved, seconded by Pidcock, to authorize the City Manager to enter into a purchase agreement for the sale of property to Wallace Hilgren,per the recommendations of the Staff Report of October 4, 1994. Motion carried unanimously. 2. Review of Midwest Asphalt Land Alteration Permit (Continued from September 6, 1994) MOTION: Harris moved, seconded by Pidcock, to continue this item to the October 18, 1994, meeting. Motion carried unanimously. XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION TO ADJOURN: Pidcock moved, seconded by Jessen, to adjourn the meeting. Mayor Tenpas closed the meeting at 10:20 p.m. DATE: CITY COUNCIL AGENDA SECTION: CONSENT CALENDAR 10-18-94. DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance -Pat Solie CLERKFS LICENSE APPLICATION LIST IV.A THESE LICENSES HAVE BEEN APPROVED BY THE DEPARTMENT HEADS RESPONSIBLE FOR THE LICENSED ACTIVITY. CONTRACTOR (MUL TI-FAMIL Y & COMM.) Ackerberg Construction Company The Bainey Group, Inc. Pump & Meter Service, Inc. Williams Painting & Construction PLUMBING Bob's Circle Plumbing Nybo-Peterson Plumbing TEMPORARY LIQUOR Eden Prairie Chamber of Commerce (Planes of Fame, Inc. -10'-22-94) Action/Direction: 10-18-94 page 1 GAS FITTER Blaine Heating & Air Condo Lyon Sheet ~·1etal & Heating HEATING & VENTILATING Blaine Heating & Air Condo Lyon Sheet Metal & Heating Romark, Inc. COMMERCIAL KENNEL Anderson Lakes Animal Hosoital P.A. PS·09079 (5193) Minnesota Department of Public Safety LIQUOR CONTROL DIVISION 190 5th S1. E .. St. Paul. MN 55101 (612) 296-6430 TOO (612) 297-2100 APPLICATION AND PERMIT FOR A 1 to 3 DAY TEMPORARY ON-SALE LIQUOR LICENSE NO. OF MEMBERS 37-;- DATES LIQUOR WILL BE SOLD? (, TO 3 DAVS) Location where license will be used. If an outdoor area, describe. TAX EXEMPT NUMBER ~------ Will th&applicant contract for intoxicating liquor services? If so, give the name and address of the UQuor licensee providing the services. Will the applicant carry liquor liability insurance? If so, the carrier's name and amount of coverage. INote: Insurance is not mandatory' APPROVAL DATE APPROVED __________________________ _____ CITY FEE AMOUNT _________________ _ UCENSEDATES __________________________ ____ DATE FEE PAID __________________________ _ APPROVED LIQUOR CONTROL DIRECTOR SIGNATURE CITY CLERK NOTE: Do not separate these two parts, send both parts to the address above and the original signed by this division will be returned as the license. Submit to the City Clerk at least 30 days before the event. ---------------- DATE: CITY COUNCIL AGENDA SECTION: CONS~NT CALENDAR 11-1-94' DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance -Pat Solie -CLERK'S LICENSE APPLICATION LIST IV.A THESE LICENSES HAVE BEEN APPROVED BY THE DEPARTMENT HEADS RESPONSIBLE FOR THE LICENSED ACTIVITY. CONTRACTOR (MULTI-FAMILY & COMM.) AnCor, Inc. McKenna Management Assoc. Mikkelson-W~lff Construction, Inc. Quality Pools & Spa PLUMB ING Buchman Plumbing Co., Inc. Dennis Gezel Pl umbing MinnDak Mechanical, Inc. Nova Frost, Inc. Ullom Plumbing Service Vi 11 age Pl umbi ng Action/Direction: 11-1-94 page 3 GAS FITTER Larson Mechanical Company, Inc. HEATING & VENTILATING Larson Mechanical Co., Inc. MihnDak Mechanical, Inc. PRIVATE KENNEL Stephanie & Rhett Bonner CLUB ON SALE LIQUOR Eden Prairie Lion's Club, Inc. Minnesota Department of Public Safety ~ e' ' PS 9016 (7194) UQUOR CONTROL DIVISION . omror wm nat ~ 190 5th st. E .• St. Paul. MN 55101 release any license until th : or (612) 296-6434 Retailers Identlfic ' e 20 FAX (612) 297-5259 TTY (612) 282-655_ recaived by MN aut/.6n Card fee , quor COntrol APPLICATION FOR CLUB ON SALE RETAIL UQUOR UCENSE . This application shall be completed by an officer of the club seeking a license. This application and the proof of liquor liability insurance must be filed with the city clerk or the county auditor. To qualify for a license a club must have at least fifty members, been in continuous existence for at least three years, have an elected goveming board and limit sales to members and bona fide guests only. The annual license fee is set by statute (M.S. 340A.408). Granting of a license by the city or county is discretionary. UCENSEE'S SALES" USE TAX to NUMBER ________ _ To apply for sales tax number call 296-6181 or 1-80Q-657-3777 TYPE OR PRINT Corporation Name Building Owners Name Are there any delinquent taxes on the property? Name of Member of Managing Board DYes fjt No The Licensee must have one of the following: CHECK ONE Club Trade Name or OBA License Penod Business Phone From // -/- County Building Own8!"s Address Club Manager's Name Address G"Y' ~ _ /J--U~~~~ ... t'd V I-~Ic; m"t../!J-):J'7.;..- Address (, jf7 a'~"(/k'+.e .r"..,' / w,s r ~AJ V4 ,-,,, , t!!..... »1'~ ~r ?~y Address (, If c.( I' r #f-c. k'.e rr V6/y,\ ~ J'HA-I sr1 50 ~ r.< fll "".4 j,.,-,.-it (,A/,J Iv.-r,·",,'c. ?#~ ~ "))' t ~ A. Liquor Uability Insurance (Dram Shop) -$50,000 per person; $100,000 more than one person; $10,000 property destruction; $50,000 and $100,000 for loss of means of support. ATTACH "CERTIFICATE OF INSURANCE" TO THIS FORM OR o B. A Surety bond from a surety company with minimum coverage as specified above in A. OR o C. A certificate from the State Treasurer that the Ucensee has deposited with the State, Trust Funds having a marke'tvalue of $100,000 or $100,000 in cash or securities. Give Date of Club Charter if Veterans or Fraternal Organization Number of Years in Current· Quarters I I (p I Oate of Incorporation Number of Club Members ?y Number of Years of Continuous Existance of the Club- Will the Club be Issued a Lawful 0 Yes ~'NO Gamblin Ucense? DATE: 11/01194 EDEN PRAIRIE CITY COUNCn... AGENDA ITEM NO: 9. P SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Approve Change Order No. 2 for Dell Road Rodney W. Rue I.C. 93-5212 Recommended Action: Motion to approve Change Order No. 2 for Dell Road Primary Issues: The change order includes a 25 % reduction in the unit price for aggregate based on field samples indicating higher percentage of material passing the 200 sieve. Fmancial Issues: The total amount of Change Order No.2 to Improvement Contract No. 93-5312 is a decrease of $21,385. Item No. jf.IJ, / -- OCT-~1-94 TUE 13:41 SRF FAX NO. 475242~ September 29,1994 CHANGE ORDER NO.2 City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344 PROJECT: Dell Road City of Eden Prairie Improvement Contract No. 93-5312 State Aid Project No. 181-113-02 CONTRACTOR: Valley Paving,lnc. 8800 -13th Avenue East Shakopee, MN 55379 P. Uj SRF No. 0931761 WHEREAS: The Class 5 aggregate base which has been placed on Dell Road from Station 405+00 to Station 429+00 does not meet Mn/DOT Specification 3138. and; WHEREAS: The Mn/DOT Grading and Base Office recommended accepting the material at a reduced cost: THEREFORE: In accordance with the terms of the Contract. any and all Class 5 aggregate base within the limits defined above which has been found not to be in conformance with Mn/DOT Specification 3138 will be compensated for with a 25 percent deduction from the Contract unit price. Jtem NQ. 2211.503 !!em NQ. 2211.503 • • * DECREASE • • • Item Description !lnl! Unit Pri~e Aggregate Base Placed Class 5 Cu. Yd . $13.15 •• * INCREASE ••• Item Description !Jn1t UnitPr~ Aggregate Base Placed Class 5 Cu. Yd. TOTAL DECREASE IN CONTRACT AMOUNT CONTRACT SUMMARY Original Contract Amount: Change Order No. 1 Change Order No.2 (Decrease) Revised Contract Amount $9.86 Estimated Jluanti~ 6,500 Estimated Q!Jant~ 6.500 AmQI.mt $ 85.475.00 AmQ!.!ot $ 64,090.00 $ 21,385.00 $786,881.15 $ 76,764.83 ($ 21,385.00) $842.260.98 EDEN PRAIRIE CITY COUNCn. AGENDA SECTION: Consent Calendar DEPARTMENT: Engineering Division Eugene A. Dietz ITEM DESCRIPTION: Infrastructure Study South of CSAH 1 Recommended Action: DATE: 11101/94 ITEM NO: IE. (!, Staff recommends that the City Council authorize an infrastructure Study to identify sanitary sewer, lift stations, watermain and street corridors in the area lying generally south of CSAH 1 (pioneer Trail) and west of Flying Cloud Airport. The study would be performed by RCM, Inc. on a time and materials basis. Overview: Approximately 1,000 acres are presently being considered for inclusion in the Metropolitan Urban Service Area (MUSA). Although the timing of securing that approval from the Metropolitan Council is not certain at this time, if the request is not accommodated in 1995, it is reasonably certain that it will occur within the next few years. To date, the planning that has occurred for providing the basic infrastructure system for this area has been done at a very broad scale using U.S. Geological Surveys that are at a very small scale with imprecise elevation contours. In order that we may be prepared to implement improvements in a planned manner when the area does develop, it is important that a more detailed investigation occur. Part of the plan will be to secure aerial topography with 2-foot contour intervals so that a refined drainage and sanitary sewer system can be developed. To a. lesser extent, a basic roadway system can be established using this information as well. Fmanciallssues: The estimated cost to perform this work has not been fully identified, but is likely to be in the $30,000 to $50,000 range. A portion of the area (Charlson and Williams property) has been mapped and the owners have indicated that they will share this information with the City. The total cost for the project will depend on how much of the balance of the acreage has current aerial photography which can be used to generate the topographical mapping. It is proposed that the trunk sewer and water fund be utilized to pay for this planning process and that an increase in trunk assessments fees beginning in 1995 will occur to reimburse the fund. Item No. d .. c,. I EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 11-1-94 SECTION: 2ND READING ITEM NO. N. 0 DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger BEARPA TH MAINTENANCE BUILDING Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • 2nd Reading of an Ordinance for Zoning District Amendment in the Rural Zoning District on 1.5 acres; • Resolution for Site Plan Supporting Reports: 1. Zoning Ordinance 2. Resolution IiT. D. - \ BEARPATH MAINTENANCE BUILDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING WITHIN A PARTICULAR ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: SECTION 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. SECTION 2. That action was duly initiated proposing that the zoning of the land be amended within the Rural Zoning District. SECTION 3. That the proposal is hereby adopted and the zoning of the land shall be, and hereby is amended within the Rural Zoning District, and the legal description of land in such District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and is amended accordingly. SECTION 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION 5. The land shall be developed in accordance with plans dated July 22, 1994. SECTION 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of August, 1994, 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 1st day of November, 1994. ATTEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on ____________ _ :or. D. -Z, Exhibit A Legal Description Bearpatb Maintenance Building Lot 1, Block 2, Breckenridge Second Addition 1X". D. - 3 BEARPATH MAINTENANCE BUll..DING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFRERENCE 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 amendment of the zoning on land located at New Riley Lake Road next to the Hennepin County Light Rail Corridor within the Rural Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ATTEST: lsi John D. Frane City Clerk This Ordinance shall take effect upon publication. IslDouglas B. Tenpas Mayor PUBLISHED in the Eden Prairie News on the ________ _ (A full copy of the text of this Ordinance is available from City Clerk.) rr.D.-tJ BEARPATH MAINTENANCE BUILDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR BEARPATH MAINTENANCE BUILDING FOR SIENNA CORPORATION WHEREAS, Sienna Corporation has applied for Site Plan approval of the Bearpath Maintenance Building on 1.5 acres for construction of a maintenance building located at New Riley Lake Road next to the Hennepin County Light Rail Corridor, to be amended within the Rural Zoning District by an Ordinance adopted by the City Council on August 16, 1994; and, . WHEREAS, the Planning Commission reviewed said application at a public hearing at its July 25, 1994, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its August 16, 1994, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Sienna Corporation for construction of a maintenance building, based on plans dated July 22, 1994, between Sienna Corporation, and the City of Eden Prairie. ADOPTED by the City Council on November 1, 1994. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk DATE: CITY COUNCIL AGENDA November 1, 1994 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Police --John Conley Administration--C.Dawson Increase in Dog License Fee for 1995 Requested Action: It is recommended that the Council adopt the attached resolution which would raise the annual fee for dog registration from $4 to $5 beginning with the 1995 license year. Background: According to the City Code, the Council must set dog registration fees by resolution. The proposed resolution has been prepared so that the correct fee can be printed on applications for 1995 dog licenses. Dog registration fees are designed to recover a portion of the City costs to provide animal control services. City Code requires that all dogs over six months of age be registered, but in practicality dog owners register their pets on a voluntary basis. Eden Prairie and other cities have tried to set reasonable fees to encourage compliance with the Code; if the fee were considered too high, owners may not register their dogs and take the chance that they would not be checked for dog tags. Data from a survey taken in September 1994 indicate that Eden Prairie's current $4/year fee is in the low end of the range of fees charged throughout the metropolitan area. Raising the fee to $5/year would be reasonable. Staff does not believe that this increase would discourage residents from registering their dogs. Supporting Documents: 1) Resolution to amend fee schedule 2) Survey comparing metro dog license fees (Sept. 1994) CITY OF EDEN PRAffiIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 94-06 REGULATING FEES AND CHARGES FOR MUNICIPAL SERVICES RELATING TO ANIMAL REGULATIONS BE IT RESOLVED that Section 2.4 of Resolution # 94-06 be amended to read as follows: 2.4 ANIMALS (City Code Section 9.07) Dog License: Male Annual $ 4;00 5.00 Female Annual $ 4;00 5.00 License is proratable by quarters. Animal Impounding fees: Animal Boarding fee: Animal Euthanasia fee: $ 25.00 --1st offense/year $ 50.00 --2nd offense/year $100.00 --3rd offense/year $ 8.00 per day $ 15.00 The $5.00 annual fee shall be effective beginning with registrations for the 1995 calendar year. ADOPTED by the City Council of the City of Eden Prairie on November 1, 1994. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk .. COMPARING DOG LICENSE COSTS BETWEEN METRO CITIES; x xx 4 PAWS ANIMAL CONlROL SERVICES PO BOX 1588 BURNSVILLE, MINNESOTA 55337 ------------------------------------------------------------------------------------------------------------------------------- 1 EDINA 2 COTTAGE GROVE 3 RAMSEY 4 MINNEAPOLIS 5 APPLE VALLEY 6 MAPLE\IOOD 7 BROOKLYN CENTER 8 SOUTH ST PAUL 9 MINNETONKA 10 CHASKA 11 BLOOMINGTON 12 LAKEVILLE 13 DEEPHAVEN 14 PRIOR LAKE 15 EXCELSIOR 16 NEW HOPE 17 WAYZATA 18 GREEN\IOOD 19 EAGAN 25.00 $12.00-IF ALTERED 20.00 $15.00 IF ALTERED $10.00 SENIORS 20.00 $5.00 IF ALTERED 15.00 $10.00 IF ALTERED 15.00 $8.00 IF ALTERED 15.00 $12.00 IF ALTERED 15.00 $3.00 I FALTERED 15.00 NON SPAYED FEMALES $5.00 ALL OTHERS 14.00 12.00(A 2 YEAR LICENSE I S AVAILABLE FOR $20.00) 12.00 12.00 $10.00 IF ALTERED 10.00 10.00 $5.00 IF ALTERED 10.00 10.00 10.00 10.00 10.00 S5.00 IF ALTERED 4 PAWS ANIMAL CONTROL SERVICES 894-9065 .. $25.oo-1ST PICK UP $55.00-210 $105.oo-3RD $30.00-1ST IMPOUND $40.00-2)/1) $60.oo-3RD $27.00 $20.00 $25.00 $25.00 $20.00 $20.00 $25.00-1ST PICK UP S50.00-2ND $75.00-3RD $50.00 $100.00-IF NOT LIe $20.00 $25.00 $25.00 $15.00 ! j .. x xx -.--------------~-------------------------------------------------------------------------------------------------------------- 20 INVER GROVE HEIGHTS 21 ROSEMOONT 22 FARMINGTON 23 HOPKINS 24 PLYMOOTH 25 WOODBURY 26 RICHFIELD 27 S1. LOUIS PARK 28 ORONO 29 MOUND 30 BURNSVILLE 31 ROBBINSDALE 32 BROOKLYN PARK 33 GOLDEN VALLEY 34 ST. PAUL 35 OSSEO 36 FRIDLEY 37 CHANHASSEN 38 SHAKOPEE 10.00 $6.00 IF ALTERED 10.00(ACTUALLY A 2 YEAR LICENSE COSTING $20.00) $10.00 2 YR IF ALTERED 10.00 $5.00 IF ALTERED 10.00 $7.00 IF ALTERED 10.00 9.00 $5.00 IF ALTERED 9.00 DOG $8.00 CAT 7.50 7.50(ACTUALLY A 2 YEAR L ICENSE COSTING $15.00) 7.00(ACTUALLY A 2 YEAR LICENSE COSTING $14.00) $3.50($7.00 2 YR ALT.) 7.00 6.00 $5.00 IF ALTERED 6.00 $3.00 IF ALTERED 6.00 6.00 5.00 $3.00 I FALTERED 5.00 $2.50 IF ALTERED 5.00 $3.00 IF ALTERED $1.50 CATS 5.00 FOR LIFE OF DOG 4 PAWS ANIMAL CONTROL SERVICES 894-9065 j $10.oo-1ST PICK UP -$25 • 00-2ND $50.00-3RD S35.00 $25.00 $20.00 $25.00 $20.00 $35.00 IF UNLIC. $20.00-1ST PICK UP S30.00-2ND S40.00-3RD $20.00-1ST IMPOUND S45.00-2ND $55.00-3RD $l0.00-1ST PICK UP S35.00-2ND S45.00-3RD $10.00 $20.00 $30.00 $25.00 $16.00 $10.00 .. x xx ------------------------------------------------------------------------------------------------------------------------------- 39 MAPLE PLAIN 40 BLAINE 41 SPRING LAKE PARK 42 ANOKA 43 OAKDALE 44 EDEN PRAIRIE 45 MENDOTA HEIGHTS 46 COON RAPIDS 47 SAVAGE 48 ELK RIVER 49 MAPLE GROVE 50 NEW BRIGHTON 5.00 5.00 $3.50 IF ALTERED 5.00 $3.00 IF ALTERED 5.00 4.50(ACTUALLY A 2 YEAR LICENSE COSTING $9.00) $2.50(2 YR ALTERED$5.00) 4.00 4.00 $3.00 IF ALTERED 3.50(ACTUALLY A 2 YEAR LICENSE COSTING $7.00) 3.00 2.50(ACTUALLY A 2 YEAR LICENSE COSTING $5.00) 2.00 NO LICENSE REQUIRED $25.00-1ST IMPOUND _$50.00-2ND S75.00-3RD $27.00 $27.00 S10.DO-1ST IMPOUND $25.00-2ND S35.00-3RD S35.00-1ST LICENSE S60.00-2ND LICENSE S35/S70 NOT L1C. S25.00 $50.00-IF NOT LIC. S10.00-1ST IMPOUND S25.00-2ND S50.00-3RD $27.00 $25.00-1ST IMPOUND $50.00-2ND S100.00-3RD $15.00 $43.00 DATE: 10118/94 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Director of Public Works ITEM NO: ff. f DEPARTMENT: ITEM DESCRIPTION: Public Works Reject Bids for Traffic Signals at Anderson Lakes Parkway and Preserve Eugene A. Dietz Boulevard -I.C. 94-5349 Recommended Action: Motion to approve resolution rejecting bids for intersection reconstruction and traffic signals at Anderson Lakes Parkway and Preserve Boulevard. Fmancial Issues: This project was bid with a substantial completion date of November 23, 1994. With this tight project schedule, the lowest bid we received was $212,455.00 which is $42,936.50 (or 25%) over the Engineer's estimate of $169,518.50. We recommend rejecting all bids and re-bidding the project with a revised substantial completion date of early next summer. Item No. W:;.: / .-..- CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION REJECTING BID WHEREAS, pursuant to an advertisement for bids for the following improvement: I.C. 94-5349 Intersection Reconstruction and Traffic Signals at Anderson Lakes Parkway and Preserve Boulevard bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the City Engineer recommends rejection of all bids. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: That all bids received are hereby rejected and staff is directed to re-bid the project. ADOPTED by the Eden Prairie City Council on November 1, 1994. Douglas B. Tenpas, Mayor AITEST: SEAL John D. Frane, City Clerk Item No. I JI. f. z OCT-25-94 TUE 14:00 SRF FAX NO. 4752429 P. 01 SRF STRGAR-ROSCOE-FAUSCH, INC. CONSULTING ENGINEERS &: PLANNERS TRANSPORTATION • CML • SlRUCllJRAL • ENVIRONMENTA.L • PARKING SRF No_ 0942012 October 19.1994 Mr. Alan Gray. P.E. City Engineer CITY OF EDEN PRAIRJE 8080 Mitchell Road Eden Prairie, Minnesota 55344 RE: TRAFFIC CONTROL SIGNAL SYSTEM AND INTERSECTION RECONSTRUCTION ANDERSON LAKES PARKWAY AND PRESERVE BOULEVARD CITY PROJECT NO. I.C. 94-5349 S.A.P.181-107-07 & 181-102-03 Dear Mr. Gray: Sealed bids were received for the above referenced project on Tuesday, October 18, 1994 at the Eden Prairie City Hall. Only two (2) bids were received. The bids have been reviewed, checked and are tabulated below: 1. Valley Paving, Inc. 2. Hardrives, Inc. Engineers Estimate .6kt $218.625.75 $212.455.00 $169.518.50 A complete bid tabulation is included with this letter. The difference between the Engineer's Estimate and the bids received can be attributed to a number of factors. The project as bid has a fairly tight schedule and most contractors are very busy this time of year. We have contacted the two bidders and their reasons for the high prices were schedule, time of year and the inability to get potential subcontractors to submit quotes for the proposed work. IV. i. J Suite 150, One Carlson Parkway North, Minneapolis, Minnesota SS447-4443 OCT-25-94 TUE 14:01 SRF FAX NO. 4'/~L4L~ r. UL Mr. Alan Gray. P .E. -2-October 19, 1994 The City of Eden Prairie may be able to obtain a better price for the project if it is delayed until the 1995 construction season. If. however. the City desires construction to begin this fall. we recommend that the contract be awarded to Hardrives Inc. in the amount of $212,455.00. Sincerely, STRGAR-ROSCOE-FAUSCH, INC. ~@~. Lawrence E. Williams Transportation Engineer James R. Dvorak. P.E. Senior Associate Enclosure /v.f,'1 DATE: 11/01194 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Director of Public Works ITEM NO: d, t; DEPARTMENT: ITEM DESCRIPTION: Public Works Award Contract for Traffic Signals at Prairie Center Drive/West 78th Street Eugene A. Dietz and at Prairie Center Drive/Plaza Drive -I.C. 94-5353 Recommended Action: Motion to approve resolution awarding contract for traffic signals at Prairie Center Drive/Technology Drive and Prairie Center Drive/Plaza Drive Overview: These two sets of temporary traffic signals will be operational until TH 212 construction begins. With the construction of TH 212, MnDOT will be constructing permanent signals at these locations. At that time, we will be able to relocate these signals (cabinet, controller and signal heads) to other locations within the City. Financial Issues: These temporary signals are proposed to be fmanced through TIF. In addition to the low bid of $85,998.00, the City will be purchasing the cabinets and controllers from Hennepin County at an estimated cost of $19,220.00 for a total project cost of $105,218.00. We recommend award of Improvement Contract No. 94-5353 to Collins Electrical Systems, Inc. in tqe amount of $85,998.00. Item No. 7Tf, C, I ..;..- CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvement: I.C. 94-5353 Traffic Signals at Prairie Center Drive/West 78th Street and at Prairie Center Drive/Plaza Drive bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the City Engineer recommends award of Contract to COLLINS ELECTRICAL SYSTEMS, INC. as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with Collins Electrical Systems, Inc. in the name of the City of Eden Prairie in the amount of $85,998.00 in accordance with the plans and specifications thereof approved by the Council and on flle in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on November 1, 1994. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, City Clerk Item No. Ii w g. 2 DATE: 11/01/94 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: IV. I SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Walmart 2nd Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the fmal plat of Walmart 2nd Addition subject to the following conditions: 1. Receipt of engineering fee in the amount of $250 2. Receipt of street lighting fee in the amount of $358 3. The requirements of the Developer's Agreement Overview: This proposal consists of creating a new parcel for the Doolittle's Air Cafe by subdividing the 19.17 acre Walmart site located at the corner of Prairie Center Drive and Singletree Lane. The preliminary plat was approved by the City Council September 28, 1994. Second Reading of the Ordinance amending the Zoning District is scheduled for fmal approval at the November 1, 1994 City Council meeting, as is the approval of the Developer's Agreement. cc: Keith Dahl, BRW, Inc. Dan Olson, Doolittle's Air Cafe Michael J. Wilkus Architects, Inc. Item No. II-f. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF WALMART 2ND ADDmON WHEREAS, the plat of Walmart 2nd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCll..: A. Plat approval request for Walmart 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated October 26, 1994. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on November 1, 1994. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk Item No. .P-I. L ~ ~ lQ .- DETAIL A IIOKMI 6~~r ~.. '~~.': .···n~'i!it~ .. : " , ;., ---...... \ 1> " !l i ~ \ ...... =-::-=. -=:-..: • L ... ~..." ..... ""1: ::-.:-=: ~ ~ W""~LlvfART 2ND DETAiL B III,)$("'" ~'i.lI't 6-2~"2:r~ •• ,Q.7~ '1_443.2 .. :.,', ..., ~'l~'~ . :1 ADDITION ..... ~ ....... ,,, .. ,,.,,,,.,. L _ _ --- - - - - - -r lOi BLOCK / I I • '/1 1 I I ., .. j ;::'O'''J:C:iE''.="jOORE kt:l L __ -.l kO -ll .... •• O'W ...... 4, .. ....... . T,. '"U'IV£ (_"CIA!, , ...... : _til ~1Z.DIO , ... R. T. DOC. NO. t 10 tOO _ . ..... .. lUI • 0DI01U .... .......,., In' CIt 10 • lit ICD _J SHEET 2 OF 2 SHEETS DATE: 11/01194 EDEN PRAIRIE CITY COUNCn. AGENDA ITEM NO: 1//, J SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat approval of Richard Thompson Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the fmal plat of Richard Thompson Addition subject to the following conditions: 1. Receipt of engineering fee in the amount of $250 2. Receipt of Letter of Understanding from Mr. Thompson regarding permitting issues within proposed Lot 2. Overview: This proposal consists of 1.44 acres and is a combination and reconfiguration of two existing lots. Mr. Thompson's existing residence lies within Lot 1 and at some future date Mr. Thompson would propose building a residence within Lot 2. There are some wetland issues within Lot 2 that need to be resolved. This proposal was before the City Council last April, at that time the City Council approved the preliminary plat subject to Mr. Thompson providing a wetland delineation over a portion of Lot 2 where a proposed driveway would be placed. The wetland delineation has been done and it has been determined that the driveway would require wetland fill and mitigation which would require a permit issued through the Watershed District. The reason for the request of approval of the final plat at this time is that Mr. Thompson desires to sell his existing residence within proposed Lot 1 and his intentions for building within Lot 2 are not immediate, but at some point in the future and he is aware of the permit requirements for wetland fill. While staff feels confident that Mr. Thompson would be successful in acquiring the permit for wetland fill and mitigation, the permitting authority lies outside of the City of Eden Prairie and the possibility does exist that Mr. Thompson may not be successful in acquiring a permit. Therefore, a condition of approval of the plat must be that Mr. Thompson assumes all risk for acquiring the permit to install a driveway within Lot 2 and that a building permit or a grading permit could not be issued for work within Lot 2 until said wetland permit was acquired. Mr. Thompson has agreed to provide a letter stating his understanding of these issues and agreeing not to sell Lot 2 or to apply for a building permit until the driveway issues has been permitted. cc: Richard Thompson Ron Krueger & Associates Item No. / V. J. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF RICHARD THOMPSON ADDmON WHEREAS, the plat of Richard Thompson Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Richard Thompson Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated October 27, 1994. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on November 1, 1994. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk Item No. IV. J.l / I , I / RICHARD THOMPSON ADDmON o -DENOTE:S IRON MONUMENT THE NORTH LINE OF LOT 4 BLOC" 1 STENEHJEN ADDITION IS ASSUMED TO BEAR S 99'11' 11" E. S 99'11' II" E 376.27 <Q - - - - - - - - - - -__ -~"".2 _______ .• ____ ~ o d N ~ o .... N C o z ,,-;:. .. . ",.. ~. / / \ I / 1 .,. c 1 ~ . I ...... --_._--. T' ~, N 86'59' 30" E z ----~---------4_ 'J 8 go ~ ~' : i" 'II :..37 . .32 /JI. C/, 3 --- 136.56 \ \ " " .... su;neo oy . si~ reF' MORTGAGE. by ____ • S-:-,,7:: :F' ~IM' ':C\",~·"T'f OF -.,£ ""e """~gol"q .. ..:r'Ic '.1. -"C''"r.l: "'e!"'I!Oy ,=er'~IT -!'ois ::,at is l "~ar'''liO!.'''S ~.; "1'l1.o:r'!: ::Iy ~I"". !r. "\0 ,""::an'!. :-..:. -:; :F' ·.~I:-: ':X.:;-;--:F -:; --to' ':"~;oi"'q ..... t!;~r. _~a ..... '5 :-,a: ~t ~. "'!q ... :~ ""ee~·"'~ "'!': ~""-enc::~rc" .~~ =",,!,:!,,'=~= :::! .. ~'C!s. ::~=! =Q:=::=~V • "'-;. :rtc :::"':J" ,ear: ::LP'.'::" i)1'~':S'C' ='.JS!.I.;nt to \to.- EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 11-1-94 SECTION: 2ND READING ITEM NO. -n. K. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger EDEN PRAIRIE FORD EXPANSION Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • 2nd Reading of an Ordinance for Zoning District Amendment in the C-Regional Service Zoning District on 4.5 acres; • Resolution for Site Plan • Approval of a Supplemental Developer's Agreement Supporting Reports: 1. Zoning Ordinance 2. Resolution 3. Supplemental Developer's Agreement W.-K,-\ EDEN PRAIRIE FORD EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING WITHIN A PARTICULAR ZONING DISTRICT, AND ADOPTING 'BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 wmCH, 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 zoning of the land be amended within the C-Regional Service Zoning District. SECTION 3. That the proposal is hereby adopted and the zoning of the land shall be, and hereby is amended within the C-Regional Service Zoning District, and the legal description of land in such District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and is amended accordingly. SECTION 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION 5. The land shall be developed in accordance with plans dated Iuly 29, 1994. SECTION 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of August, 1994, 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 1st day of November, 1994. ATTEST: Iohn D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on -------------------------- TIr. K. -Z. EDEN PRAIRIE FORD EXPANSION Exhibit A LEGAL DESCRIPTION That Part of Outlot A Menard Addition described as follows: Beginning at the southwest corner of said Outlot A thence North 79 degrees 05 minutes 49 seconds East assumed bearing along the southerly line of said Outlot A a distance of 270.00 feet; thence North 10 degrees 54 minutes 11 seconds West a distance of 271.74 feet; thence South 79 degrees 05 minutes 49 seconds West a distance of 210.90 feet to the west line of said Outlot A; thence South 1 degree 22 minutes 04 seconds West a distance of 278.09 feet to the point of beginning. EDEN PRAIRIE FORD EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFRERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WIllCH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning on land located at Valley View Road within the C-Regional Service Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ATIEST: lsi John D. Frane City Clerk This Ordinance shall take effect upon publication. IslDouglas B. Tenpas Mayor PUBLISHED in the Eden Prairie News on the ________ _ (A full copy of the text of this Ordinance is available from City Clerk.) EDEN PRAIRIE FORD EXPANSION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR EDEN PRAIRIE FORD EXPANSION FOR EDEN PRAIRIE FORD WHEREAS, Eden Prairie Ford has applied for Site Plan approval of the Eden Prairie Ford Expansion on 4.5 acres for construction of an addition located at Valley View Road, to be amended within the C-Regional Service Zoning District by an Ordinance adopted by the City Council on August 16, 1994; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its August 8, 1994, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its August 16, 1994, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Eden Prairie Ford for construction of an expansion, based on plans dated July 29, 1994, between Eden Prairie Ford, and the City of Eden Prairie. ADOPTED by the City Council on November 1, 1994. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk -OC. K.-5' Eden Prairie Ford 1994 Amendment SUPPLEMENT TO DEVELOPER'S AGREEMENT THIS SUPPLEMENT TO AGREEMENT, made and entered into as of November 1, 1994, by Eden Prairie Auto Properties, a Minnesota General Partnership, hereinafter referred to as "Developer" and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City"; WHEREAS, the parties entered into a Developer's Agreement dated October 1, 1991, between Denwal Management and Denwal Realty and the City of Eden Prairie for Eden Prairie Ford, (hereinafter the "Developer's Agreement"); supplement to Developer's Agreement dated June 16, 1992 between Denwal Management and Denwal Realty and the City of Eden Prairie (hereinafter the "Supplement to Developer's Agreement"); supplement to Developer's Agreement dated July 20, 1993, between Eden Prairie Auto Properties, a Minnesota General Partnership, (hereinafter "Supplement to Developer's Agreement 1993"). WHEREAS, the Developer has applied to the City for Zoning District Amendment within the Commercial Regional Zoning District and Site Plan Review on 4.5 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, with said 4.5 acres hereinafter referred to as "the Amended Area"; WHEREAS, the parties desire to amend the previous Developer's Agreements for Eden Prairie Ford for that portion of the property designated on Exhibit B and more fully described in Exhibit A attached hereto and made a part hereof, with said 4.5 acres hereinafter referred to as "the Amended Area." NOW, THEREFORE, in consideration of the City adopting Ordinance # , and Resolution # , Site Plan Review, Developer covenants and agrees to construction upon, development, and maintenance of the Amended Area as follows: 1. PLANS: Developer shall develop the Amended Area in conformance with the materials dated August 16, 1994, reviewed and approved by the City Council on August 16, 1994, as depicted on Exhibit B subject to such changes and modifications as provided herein. 2. LANDSCAPE PLAN: Prior to building permit issuance, Developer shall submit to the City and receive the City's approval of a security equal to 150% of the construction cost of implementing the landscape plan as depicted on Exhibit B, attached hereto, according to City Code. 3. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City and receive the City's approval of exterior materials and colors for the building. Developer agrees that exterior materials and colors shall match the existing Eden Prairie Ford building. Upon approval by the City, Developer agrees to construct, or cause to be constructed, said exterior materials as stated above, in accordance with the terms and provisions of Exhibit C, attached hereto. 4. REAFFIRMING CONDITIONS OF DEVELOPER'S AGREEMENT DATED OCTOBER 1, 1991, OWNERS SUPPLEMENT DATED JUNE 16, 1992, AND OWNERS SUPPLEMENT DATED JULy 20,1993: Developer agrees to and reaffirms all terms and conditions and accepts the obligation of "Developer" under the Developer's Agreement dated October 1, 1991, accepts the obligation of "Developer" under the Supplement to Developer's Agreement dated June 16, 1992, and accepts the obligation of "Developer" under the Supplement to Developer's Agreement dated July 20, 1993, except as inconsistent with or amended by this Supplement. • -nJ:.K. -7 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 11/1/94 SECTION: Consent Calendar ITEM NO. IV. L. DEPARTMENT: PRNR ITEM DESCRIPTION: Revised Schedule for use of Community Center Robert A. Lambert Pool Please refer to the attached information from Elyce Kastigar, Recreation Supervisor, Aquatic and Fitness: • Memorandum dated October 11, 1994 to Parks, Recreation and Natural Resources Commission • Proposed Pool Schedule Fall-Winter-Spring • Proposed Pool Schedule for Summer. • Unapproved Minutes Parks, Recreation and Natural Resources Commission -October 17, 1994 1 c. ( ( MEMORANDUM TO: Parks, Recreation & Natural Resources Commission THROUGH: Bob Lambert, Director of Parks, Recreation & Natural Resources FROM: Elyce Kastigar, Recreation Supervisor, Aquatic & Fitness DATE: October 11, 1994 SUBJECT: . Revised Scheduling Use of the Community Center Pool Attached is the revised pool schedule proposal. City staff met with Foxjet swim club representatives on October 6 and came to an agreement on the pool schedule. The revised schedule will expand the swim lesson program during Monday -Thursday evenings accommodating 1000 additional individuals per year. The additional lessons would generate $20,000 in revenue. In efforts to accommodate additional swim lessons and continue to provide pool space for the Foxjet swim club, the weekday evening lap swim and open swim have been eliminated. The current numbers for lap swim and open swim during an average weekday are 15-20 individuals, generating $35.00 in revenue per day. The Foxjet swim club would continue to pay the current rental rate since they will be renting pool space during prime use hours. Staff recommends the attached revised proposal to best utilize the Community Center pool. This schedule is proposed to be effective January 1995. Attachments: Proposed Pool Schedule -Fall, Winter, Spring Proposed Pool Schedule -Summer . cc: Laurie Helling, Manager of Recreation Services Dave Black, Operations Supervisor Amy Roe, Assistant Aquatic Supervisor Jack Shimota, President, Foxjet Swim Club Tad Hauck, Head Coach, Foxjet Swim Club LAP LAP I':)i:i\} .. '."'}( l.l.U.::O LAP LAP I'i"" !i~j:t :'}:: LAP LAP .. I)' i:66:' LAP LAP I:', . Ii.~k: LAP LAP .. .:", :"\ .:i:i~:;:ir::l LAP LAP I:::i':!llliil:ltll~:~;~ AA -LAP (I) LESSONS -PC PC LAP (I) I,::::::ill!!l:~~~ AA -LAP (I) LESSONS -PC PC LAP(l) I :D:!:lljlii~:~:~~!:jl AA -PC -LAP (I) LESSONS -PC LAP(l) I /",!'!;:i!i:~[~~,: PC -LAP (I) LESSONS -PC LAP (I) , '·:Ji'j;'j6'· :':li .. LAP(4) LAP(4) ·,i:i:66 ':, LAP(4) LAP .:'n:;~{ -:.: ..... ::C', LAP -LESSONS LAP I::,{'::-:,:hoo LAP -LESSONS LAP I',: '-i'n;(j'! LAP-LESSONS LAP 1 <"j ::::]:11': :::.",uu,,,, LAP-LESSONS LAP :,'-::'" 1::'-:·'.:,: ':i:i~: HIGH SCHOOL HIGH SCHOOL ! .:. ,'!':'-:::1~6([ HIGH SCHOOL HIGH SCHOOL :,::':i;;~'" HIGH SCHOOL HIGH SCHOOL .,:::,:,:~;:6~::':: HIGH SCHOOL HIGH SCHOOL PROPOSED POOL SCHEDULE FALL -WINTER -SPRING LAP LAP LAP LAP LAP LAP LAP LAP LAP LAP LAP LAP LAP LAP LAP LAP LAP LAP LAP LAP LAP AA -LAP (I) LESSONS-PC AA -LAP ( I ) PC LAP(I) PC AA -LAP(I) LESSONS-PC AA -LAP ( I ) PC .LAP(I) PC AA -PC-LESSONS-PC AA-PC-LAP LAP(l) 1N(I) PC -LAP(I) LESSONS-PC PC-LAP LAP(I) LAP(4) LAP(4) LAP(4) LAP(4) LAP LAP LAP-LESSONS LAP LAP LAP-LESSONS LAP LAP LAP-LESSONS LAP LAP LAP-LESSONS LAP LAP HIGH SCHOOL HIGH SCHOOL HIGHSCHOOL HIGH SCHOOL HIGH SCHOOL HIGHSCHOOL HIGH SCHOOL HIGH SCHOOL HIGHSCHOOL HIGH SCHOOL HIGH SCHOOL 'finn l:t'!Itnnr LAP (4-8) LAP ( 4-8) LAP-(4-8) LAP-~ 4 -8) LAP-(4-8) LAP_Ci -8) LESSONS LESSONS LESSONS LESSONS LESSONS LAP (4-8) LESSONS LAP (1--8) LESSONS LAP (4-8) LESSONS LAP (4-8) OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN rVlIJr.T OPEN t'nvJt:'1" ..... , .I ft. PROPOSED POOL SCHEDULE SUMMER It:::\\::::{CLiH\:;U:Ui: ::.::.::.!i·i··:r l:i:·;;·:·WtBi:ii:i:,:·jjj:j: :.:<~:::::.:':::":::' ·:.:l·::i··::··:ll.li:n::::::::: .. ··: .. ::·j··:::~l.¥:::I]: .. :::.::: I:··:·:.:j~t:···::·::·: .. • ...... . LAP ( 4-8 ) LAP ( 4-8 ) LAP ( 1-8 ) LAP ( 4-8 ) LAP ( 4-8 ) LAP LAP LAP LAP -AA LAP-M LESSONS LESSONS LESSONS LESSONS LESSONS LESSONS LESSONS LESSONS 12:15 12:15 LAP LAP LAP OPEN OPEN OPEN OPEN OPEN OPEN LAP LAP LAP LAP LAP LESSONS LESSONS LESSONS LESSONS LESSONS LESSONS LESSONS LESSON 12:15 12:15 LAP LAP LAP OPEN OPEN OPEN OPEN OPEN OPEN LESSONS -4- FOX,JET -6/V1 LAP LAP LAP LAP -AA LAP -AA LESSONS LESSONS LESSONS LESSONS LESSONS LESSONS LESSONS LESSON 12:15 12:15 LAP LAP LAP OPEN OPEN OPEN OPEN OPEN OPEN LESSONS -4- FOXJET-6M LAP LAP LAP LAP LAP LAP LAP LAP-AA LAP LAP -AA LESSONS LESSONS LESSONS LESSONS LESSONS LESSONS LESSONS LESSONS LESSONS LESSONS LESSONS LESSONS LESSONS LESSONS LESSON 12:15 LESSON 17:15 12:15 LAP 17:15 LAP LAP LAP LAP LAP OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN LESSONS -4-FO}QET-8 _F~~ET -61'1 LAP (4 -8) LAP (1-8) LAP LAP LAP LAP LESSONS LESSONS LESSONS LESSONS LESSONS LAP LESSONS LAP LESSONS LAP LESSONS LAP OPEN -LAP (I ) OPEN-LAP (I ) OPEN-LAP (I ) OPEN-LAP (I ) OPEN-LAP (I ) OPEN-LAP (I ) ~-LAP(I) OPEN-LAP (I ) OPEN-LAP (I ) OPEN-LAP (I ) OPEN-LAP (I ) OPEN-LAP (I ) LAP LAP LAP LAP Unapproved Minutes Eden Prairie Park, Recreation and Natural Resources Commission Tuesday, October 17, 1994 Koenig asked if the Soccer Association would donate the bulletin board, and Jacobson explained that the bulletin board had already been made before they realized there was a sign ordinance, and it is ready for installation. Koenig asked then if the kiosk would come out of the Commission's funds, and Fox stated that it would, but that it would serve all associations. Fox commented that there is a sign size ordinance and noted that the question is where would you draw the line for other associations and facilities. Jacobson stated that most associations at Flying Cloud are in the same age group, so communication with the requested bulletin board would be within that age group. Kracum asked if the proposed bulletin board runs afoul of the sign ordinance, and Fox stated that it does not, but what happens if we need more signs. Student Commissioner Bremer commented that the wrong media for communication was being discussed, and suggested setting up some sort of telephone communication for urgent messages. Bowman stated that for now he would prefer the kiosk proposal, commented that he is in favor of increased communication if it doesn't deter from the beauty of the park. MOTION: Hilgeman moved to approve the information kiosk as per the recommendation of Staff on October 11, 1994. Motion seconded by Brown and passed 6-0. V. DEVELOPMENT PROPOSALS None. VI. OLD BUSINESS A. Recommendation to Change Pool Hours at Community Center Elyce Kastigar reviewed the proposed changes to the pool schedule and commented that with the revised schedule, which would eliminate open and lap hours during the fall, winter and spring, they would be able to Unapproved Minutes Eden Prairie Park, Recreation and Natural Resources Commission Tuesday, October 17, 1994 accommodate the Foxjet Swim Club and also offer the swim lesson program to more children. Jack Shimota, President of the Foxjet Swim Club, commented that he appreciated all the work Staff put into revising the schedule and feels it will give the Foxjet Swim Club a chance to continue to grow as an association and hopefully offer a lot back to the community. Commissioners discussed the proposed changes to the schedule. Hilgeman commented that this seems like a stop gap measure until we get the other pool, and stated that while she is not happy about eliminating open swim, if the Foxjets will accept it, it is a good plan. Kastigar explained that this revised schedule would be used until the City has another pool. MOTION: Brown moved to accept the revised schedule at the pool for use by the public and the Foxjet Swim Club per Staff recommendation. Motion seconded by Kracum and approved 6-0. B. Recommendation to Change Opening Skating Hours at Community Center Dave Black, Operations Supervisor, explained that this matter had been brought before the Commission two weeks ago and had needed a little fine tuning. MOTION: Kube-Harderwijk moved to accept the changes in open skating times at the Community Center as per recommendations in Staff memorandum of October 10, 1994. Motion seconded by Hilgeman and passed 6-0. C. Question Regarding Staff Report to City Council Regarding Park Fees. Brown expressed concern over Lambert's communication to City Council regarding the Commission's discussion and motions regarding suggested park fees to be assessed to Doolittles Restaurant and Wal-Mart. Brown felt the memorandum did not fully reflect the Commission's recommendations. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 1111194 SECTION: Consent Calendar ITEM NO. IV. M. DEPARTMENT: PRNR ITEM DESCRIPTION: Recommendation to Change Open Skating Times Robert A. Lambert at Community Center Please refer to the attached information from Dave Black, Operations Supervisor: • Memorandum dated October 10, 1994 to Parks, Recreation and Natural Resources Commission - Recommendation to Change Open Skating Times at Community Center • Memorandum dated September 19, 1994 to Bob Lambert, Director of Parks, Recreation and Natural Resources -Comparison of Open Skating Sessions • Unapproved Parks, Recreation and Natural Resources Commission -October 17, 1994 1 ( c l MEMORANDUM TO: Parks, Recreation & Natural Resources Commission THROUGH: Bob Lambert, Director of Parks, Recreation & Natural Resources FROM: Dave Black, Operations Supervisor DATE: October 10, 1994 SUBJECT: Recommendation to Change Open Skating Times at Community Center RECOMMENDATION Staff recommends altering the hours in which open skating occur at the Community Center on weekends to provide quality sessions for the public to attend and to increase ice revenue by providing additional time to rent to Eden Prairie youth groups. Staff recommends the following schedule changes effective January 1, 1995: Existing Schedule Fridays Saturdays Sundays 8:00 -9:45 pm 10:00 -11:00 pm 1:00 -4:00 pm 8:00 -9:45 pm 10:00 -11:00 pm 1:00 -4:00 pm Proposed Schedule Fridays Saturdays Sundays 7:15 -8:45 pm 1 :00 -2:30 pm 6:30 -8:00 pm 9:30 -11 :00 pm (adult) 1 :00 -3:00 pm Each of the above times are similar to what the public is accustomed to and provides earlier hours for family skating on Friday and Saturday evenings. The length of each session has been shortened but provides eight hours of public skating time each weekend. BACKGROUND Staff have received a number of complaints regarding unsupervised youth on Friday and Saturday evenings hanging around and causing trouble for others who use the Community Center for open skating. Staff have heard complaints from Eden Prairie youth associations who are short of weekend ice time, stating that we have too many hours of public skating scheduled and that the sessions are for too long of a time period. 1 ANALYSIS Please refer to the attached comparison of open skating hours where staff has surveyed five ice arenas in the west metro area and spoke to each manager about their experiences with open skating. Each arena does offer weekend open skating sessions with afternoon or evening hours. However, no other arena offered three hour sessions because each manager felt that the longer the session the more trouble, because youth tend to get bored after an hour of skating and begin to look for other things to do. For this reason, all of the sessions were scheduled in either 1 112 hour of 2 hour sessions, with Saturday and Sunday afternoon being the most popular time. Staff have analyzed the impact of creating shorter, more effective sessions to meet the public need as well as eliminating some of the weekend evening problems which have plagued the Community Center. Staff have compiled a day by day analysis of the recommended times for open skating and have listed the benefits for each day. The benefits for each day are listed below: Fridays • The proposed times are 7:15 -8:45 pm which will provide for better hours for families and groups, and eliminate the temptation for trouble-makers. ( • There would be one more hour available for Eden Prairie youth associations for ( rental. • There would be one more hour available for rental earlier in the evening for adult teams. Saturdays • The proposed times are 1:00 -2:30 pm, 6:30 -8:00 pm & 9:30 -11:00 pm for adults. These times are well suited for families and groups. • There are two and one-half hours available for Eden Prairie youth associations, whereas, the Eden Prairie Figure Skating Club can gain a session on a day where they currently have none. • Adults would get their own session without youth interaction. Sundays • The proposed times are 1:00 -3:00 pm which is similar to what the hours have been in the past, yet streamlined to keep control. • There would be an extra hour and one-half available for EPFSC to purchase so they would gain a session where they currently have none. ( ( Overall the public gains by this proposal in having times on evenings which are better suited for families and groups. The public will not lose by having the proposed times on the weekend afternoons because each session will be scheduled on the big Olympic rink. We would be able to provide five additional hours of needed weekend ice time to the youth athletic associations, which not only provides them with a better service, but yields increase revenue of approximately $16,000 to the Community Center (by selling 5 extra hours per week of ice time at $105.00 per hour over a 32 week hockey season). . A IT ACHMENT: Comparison of Open Skating With Other Arenas cc: Laurie Helling, Manager of Recreation Services f ( ( L MEMORANDUM TO: Bob Lambert, Director, of Parks, Recreation & Natural Resources THROUGH: Laurie Helling, Manager of Recreation Services FROM: Dave Black, Operations Supervisor DATE: September 19, 1994 SUBJECT: Comparison of Open Skating Sessions With Other Area Ice Arenas Staff as compiled information from five west metro Ice Arenas with regard to open skating times as follows: ICE ARENA Richfield Ice Arena Bloomington Ice Gardens Braemar Ice Arena Minnetonka Ice Arena St. Louis Park Ice Arena OPEN SKATING TIMES Sundays 3:30 -5:30 p.m. Saturdays 2:00 -" 3:30 p.m. , Sundays 2:00 -3:30 p.m. Fridays 8:00 -10:00 p.m., Saturdays 1:15 -3:15 p.m., Sundays 8:00 -10:00 a.m. & 2:00 -4:00 p.m. Fridays 7:30 -9:00 p.m. , Sundays 3:00 -4:30 p.m. Fridays 8:00 -9:00 p.m. , Sundays 3:00 -4:30 p.m. Unapproved Minutes Eden Prairie Park, Recreation and Natural Resources Commission Tuesday, October 17, 1994 accommodate the Foxjet Swim Club and also offer the swim lesson program to more children. Jack Shimora, President of the Foxjet Swim Club, commented that he appreciated all the work Staff put into revising the schedule and feels it will give the Foxjet Swim Club a chance to continue to grow as an association and hopefully offer a lot back to the community. Commissioners discussed the proposed changes to the schedule. Hilgeman commented that this seems like a stop gap measure until we get the other pool, and stated that while she is not happy about eliminating open swim, if the Foxjets will accept it, it is a good plan. Kastigar explained that this revised schedule would be used until the City has another pool. MOTION: Brown moved to accept the revised schedule at the pool for use by the public and the Foxjet Swim Club per Staff recommendation. Motion seconded by Kracum and approved 6-0. B. Recommendation to Change Opening Skating Hours at Community Center Dave Black, Operations Supervisor, explained that this matter had been brought before the Commission two weeks ago and had needed a little fine tuning. MOTION: Kube-Harderwijk moved to accept the changes in open skating times at the Community Center as per recommendations in Staff memorandum of October 10, 1994. Motion seconded by Hilgeman and passed 6-0. C. Question Regarding Staff Report to City Council Regarding Park Fees. Brown expressed concern over Lambert'S communication to City Council regarding the Commission's discussion and motions regarding suggested park fees to be assessed to Doolittles Restaurant and Wal-Mart. Brown felt the memorandum did not fully reflect the Commission's recommendations. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 11-1-94 SECTION: 2ND READING ITEM NO. TIt: N DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger WESTGATE SUBSTATION Donald Uram Requested Council Action: The Staff recommends that the Council take the following action: • 2nd Reading of an Ordinance for Zoning District Amendment in the I-General Zoning District on 7.10 acres; • Resolution for Site Plan Review on 7.10 acres; • Approval of a Developer's Agreement Supporting Reports: 1. Zoning Ordinance 2. Resolution for Site Plan 3. Developer's Agreement ""TIr: N. -I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE WESTGATE SUBSTATION AN ORDINANCE OF mE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING mE ZONING WITHIN A PARTICULAR ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS mE CITY COUNCIL OF mE 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 zoning of the land be amended within the I -General Zoning District. SECTION 3. That the proposal is hereby adopted and the zoning of the land shall be, and hereby is amended within the I-General Zoning District, and the legal description of land in such District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and is amended accordingly. SECTION 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION 5. The land shall be developed in accordance with plans dated September 7, 1994. SECTION 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of October, 1994, 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 1st day of November, 1994. ATTEST: John D. Frane, City Clerk Douglas B. Tenpas, M~yor PUBLISHED in the Eden Prairie News on -------------------------- ""Ilt". N. -z.. Exhibit "A" nmt pa.rt of the Southwest QUarter" (S~Jf section" "Nine J.2J 1 'l'owuship 1:Oni u ii:un:d.rkci!J;!:; '. Si:.Xtef!u U..l.6.) North,; Range" ~nt:r-two" 'West:; "~"So~the~ly_"o:f'~E!-~0':1the~$te~ly r.i.ght-Of..,~_line of the Chicago ~d No:rth Westem "Pau.~Y' tight ot:"~:1" s:aii)i'Eo.s-e·:o~:a line dl-a'fln a.:e rigllt sngles to the South line 0.£ said Southwest Q\:u:I.xter·-(SwH··"and·'f;"OD a poin~·thez:ein distant .Five lIun~d Sixty-se~n(56:0"f'eet We$t of "the Sbiithealtt; t1.~ oomer of" as.id Southwest Quarter (Sw¢-) 1 "except"" the South FiVe ~unclred 8e"(e~~Y:-~~'~r-'" : and Six tenths (577.6) f'ee:t thereof'.· Il'ogether v.ttb. easement nghts on the ;l!a.st";H~ "Alr : Thirty (30) feet of the South Five Hundred Sevent:r-seven e.ud. SiX:",~~nth"s :toTI:.6).'!.f'e~:"':" of'" said Southvest Quarter (SWlt) for road. and. ut111t:Le~.PU1'J?Q_selS.:""·"" " .. " .. h :' , .. " . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. WESTGATE SUBSTATION AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFRERENCE 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 amendment of the zoning on land located at Venture Lane and Martin Drive within the I-General Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ATTEST: lsI John D. Frane City Clerk This Ordinance shall take effect upon publication. I s/Douglas B. Tenpas Mayor PUBLISHED in the Eden Prairie News on the ________ _ (A full copy of the text of this Ordinance is available from City Clerk.) 1S[.N.-4 WESTGATE SUBSTATION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR WESTGATE SUBSTATION FOR NORTHERN STATES POWER WHEREAS, Northern States Power has applied for Site Plan approval of the Westgate Substation on 7.10 acres for the expansion of the Westgate Substation located at Venture Lane and Martin Drive, to be amended within the I-General Zoning District by an Ordinance adopted by the City Council on October 4, 1994; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its September 12, 1994, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its October 4, 1994, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Northern States Power for expansion of the Westgate Substation, based on plans dated September 7, 1994, between Northern States Power, and the City of Eden Prairie. ADOPTED by the City Council on November 1, 1994. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk N. N. -5"" DEVELOPER'S AGREEMENT WESTGATE SUBSTATION THIS AGREEMENT, made and entered into as of tlQ,,~be( I ,1994, by Northern States Power, a Minnesota Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Amendment in the I-General Zoning District on 7.10 acres and Site Plan Review on 7.10 acres for the expansion of the Westagate Substation, all on 7.10 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No._--1 Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on October 4, 1994, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. GRADING AND EROSION CONTROL PLANS: Prior to release by the City of any grading permit for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for grading and erosion control for the Property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. "N. N.-b 4. LAND ALTERATION PERMIT: Prior to any construction or development on the Property, Developer agrees to apply to the City Engineer, and obtain the City Engineer's approval of a land alteration permit for the Property. 5. LANDSCAPING: Concurrent with the construction of the new frontage road to be built as part of the TH 212 project, Developer agrees to submit a landscape plan to the City Planner, obtain approval of and implement said landscape plan for screening of the substation along the east and south sides of the property. -nr .N." 7 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 11-1-94 SECTION: 2ND READING ITEM NO. N.a DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger BEARPA TH 4TH ADDITION Donald Uram Requested Council Action: The Staff recommends that the Council take the following action: • 2nd Reading of an Ordinance for PUD District Amendment and Rezoning from Rural to RI-13.5 on 5.02 acres; • Approval of a Developer's Agreement Supporting Reports: I. Zoning Ordinance 2. Developer's Agreement :ur.o. -, BEARPATH 4TH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 4O-94-PUD-8-94 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 wmCH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Planned Unit Development RI-13.5 Zoning Districts 40-94-PUD-8-94 (hereinafter "PUD- 8-94-RI-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of November I, 1994, entered into between Bill Gilk and Sienna Corporation, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-8-94-RI-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-8-94-RI-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-8-94-RI-13.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters II and 12 of the City Code that are contained in PUD-8-94-RI-13.5 are justified by the design of the development described therein. D. PUD-8-94-RI-13.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. tr.o. -~ Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Planned Unit Development 8-94-RI-13.5, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of October, 1994, 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 1st day of November, 1994. ATTEST: lohn D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on _______________ _ -rr-.o. -3 Legal Description Exhibit A Bearpath 4th Addition LEGAL DESCRIPTION The North 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 19, Township 116, Range 22, Hennepin County, Minnesota. except the east 1 rod thereof. Also, that port of the East 1/2 of the Southeast 1/4 of Section 18. Township 1 16, Range 22. Hennepin County, Minnesota, except the south 2 rods of the east 1 rod. that lies southerly of the foRowing described line: commencing at the northeast corner of said East 1/2 of the Southeast 1/4; thence South 1 degree 49 minutes 29 seconds East. alon~ the east line of said East 1/2 of the Southeast 1/4, a distance of 1653.84 feet to the pOint of beginning of the line to be, .:,;, described; thence North 89 degrees 34 minutes 29 seconds West a distance of 1345.25 fee~; to the west line of said East 1/2 of the Southeast 1/4 and there terminating, said point. i/ of the west fine being 1641.77 feet southerly of the northwest corner of said East 1/2 of •• the Southeast 1/4. together with a temporary non-exclusive easement for access and egre·s~) over the west 60 feet of the North Parcel for the benefit of the South Parcel as more"'; fully described in the Declaration of Temporary Easement dated August 8, 1988. filed August 9, 1988, as document number 5440682. TIC.O, -L( CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. BEARPATH 4TH ADDITION 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, WIllCH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at Dell Road and Highway 212, from Rural to RI-13.5 on 5.02 acres; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ATTEST: lsi John D. Frane City Clerk This Ordinance shall take effect upon publication. IslDouglas B. Tenpas Mayor PUBLISHED in the Eden Prairie News on the ________ _ (A full copy of the text of this Ordinance is available from City Clerk.) 13[.0. -s- DEVELOPER'S AGREEMENT BEARP A TH 4TH ADDITION THIS AGREEMENT, made and entered into as of NotlC.MM.f' I , 1994, by William H. Gilk, owner, and Sienna Corporation, a Minnesota Corporation, hereinafter collectively referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for PUD District Amendment to the Bearpath PUD on 5.02 acres, Preliminary Plat of 51 acres into 9 single family lots and 4 outlots, Rezoning from Rural to R1- 13.5 on 5.02 acres for construction of 9 single family homes, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No._-_ and Resolution No. , Preliminary Plat, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on October 4, 1994, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. STREET, UTILITY, EROSION CONTROL, PLANS: Prior to release by the City of any final plat for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems, storm sewer, and erosion control for the Property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. :pr.O.-b 4. LAND ALTERATION PERMIT AND TREE REPLACEMENT: Prior to any construction or development on the Property, Developer agrees to apply to the City, and obtain the City Council's approval of a land alteration permit for the Property, which will include the replacement of 286 caliper inches of trees, among other conditions and requirements. Developer acknowledges that the required tree replacement of 286 caliper inches will be added to the overall tree replacement plan for the Bearpath PUD. 5. PETITIONING FOR ACCEPTANCE AND MAINTENANCE OF THE PRIVATE ROAD AS A PUBLIC STREET IN THE FUTURE: Developer and/or future homeowners agree that in order for the City to accept and maintain the private road in the future as a public street that the street must meet City standards at the time of petition and as approved by the City Council. 6. WETLAND PROTECTION: The wetland inventory as contained as part of Exhibit B depicts wetlands to be protected on the property. In order to protect the natural vegetation along the edge of the wetland areas, Developer agrees to protect said vegetation and wetland area by recording a Conservation Easement to the City over the wetland area to a distance of 25 feet beyond the delineated edge of the wetlands as depicted on Exhibit B. 7. PUD WAIVERS REQUIRED: City acknolwedges that PUD waivers are required for the following: a. Lots without frontage on a public street for all lots. b. Cul-de-sac length greater than 500 feet. c. Lot width less than the required 85 feet for Lots 6 and 7. Both lots have frontages of 25 feet. 8. REZONING TO RURAL: If Developer fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the Property to the Rural District. 'TIf.O. -7 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 11-1-94 SECTION: 2ND READING ITEM NO. -:DZ:". P DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger HARTFORD PLACE Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • 2nd Reading of an Ordinance for PUD District Review on 88 acres; Rezoning from Office to R1-13.5 on 13.69 acres, Office to RM-6.5 on 35.20 acres, and Office to C-Reg. Service on 5 acres; • Resolution for Site Plan Review on 88 acres; • Approval of a Developer's Agreement Supporting Reports: 1. Zoning Ordinance 2. Resolution for Site Plan 3. Developer's Agreement ur. P, -l CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 39-94-PUD-7-94 HARTFORD PLACE 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 WlDCH, 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 Office District and be placed in the Planned Unit Development Rl-13.5, RM-6.5 and C-Reg Service Zoning District 39-94- PUD-7-94 (hereinafter "PUD-7-94-Rl-13.5, RM-6.5 and C-Reg Service"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreements dated as of November 1, 1994, entered into between Ryan Companies, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions ofPUD- 7-94-RI-13.5, RM-6.5 and C-Reg Servi~, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-7-94-RI-13.5, RM-6.5 and C-Reg Service is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-7-94-RI-13.5, RM-6.S and C-Reg Service is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-7-94-Rl-13.5, RM-6.5 and C-Reg Service are justified by the design of the development described therein. D. PUD-7-94-Rl-13.5, RM-6.5 and C-Reg Service is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Office District and shall be included hereafter in the Planned Unit Development PUD-7-94-RI-13.5, RM-6.5 and C-Reg Service and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdeineanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of September, 1994, 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 1st day of November, 1994. ATTEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on ------------------------------- ~. P." 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. HARTFORD PLACE 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, WIllCH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNFSOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at Rolling Hills Road and Prairie Center Drive, from Office to R1-13.5 on 13.69 acres, Office to RM-6.5 on 35.20 acres, and Rezoning from Office to Regional Commercial Service on 10 acres; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ATTEST: lsi John D. Frane City Clerk This Ordinance shall take effect upon publication. IslDouglas B. Tenpas Mayor PUBLISHED in the Eden Prairie News on the ________ _ (A full copy of the text of this Ordinance is available from City Clerk.) ur. P.· 4 Exhibit A Legal Descriptions Hartford Place Comprehensive Guide Plan Chanee from Office to Reeional Commercial on 5 acres Lot 2, Block 2, Prairie Lakes Business Park Comprehensive Guide Plan Chanee from Office to Medium Density Residential on 35.2 acres Lot 4, 7, and 8, Block 1, Prairie Lakes Business Park Comprehensive Guide Plan Chanee from Office to Low Density Residential on 13.69 acres Lot 6, Block 1, Prairie Lakes Business Park PUD Concept Review on 110 acres Lots 1 -10, Block 1, and Lots 1 -3, Block 2, Prairie Lakes Business Park Preliminary Plat of 88 acres into 7 commercial lots. 218 townhouse lots. 25 sinele family lots and 3 outlots Lots 2, 3, 5, 6, 7, 8, 9, 10, Block 1, and Lots 1 -3, Block 2, Prairie Lakes Business Park Rezonine from Office to RM-6.5 on 35.20 acres Lot 4, Lot 7, Lot 8, Block 1, Prairie Lakes Business Park Rezonine from Office to RI-13.5 on 13.69 acres Lot 6, Block 1, Prairie Lakes Business Park Rezonine from Office to Reeional Commercial Service on 10 acres Lot 2, Block 2, Prairie Lakes Business Park Site Plan Review on 88 acres Lots 2, 3, 5 -8, Block 1 and Lots 1, 2, and 3, Block 2, Prairie Lakes Business Park -nz:. P. -5"' CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. HARTFORD PLACE A RESOLUTION GRANTING SITE PLAN APPROVAL FOR HARTFORD PLACE FOR RYAN COMPANIES WHEREAS, Ryan Companies has applied for Site Plan approval of the Hartford Place on 88 acres for construction of commercial and residential lots located at Rolling Hills Road and Prairie Center Drive, to be Rezoned RI-13.5, RM-6.5, and C-Reg. Service by an Ordinance adopted by the City Council on Septeqlber 20, 1994; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its September 12, 1994, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its September 20, 1994, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Ryan Companies for construction of commercial and residential lots, based on plans dated September 15, 1994, between Ryan Companies, and the City of Eden Prairie. ADOPTED by the City Council on November 1, 1994. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk IT.P. -b DEVELOPER'S AGREEMENT MARK OF EXCELLENCE HOMES HARTFORD PLACE THIS AGREEMENT, made and entered into as of , 19_, by Mark of Excellence Homes, Inc., a Minnesota Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Comprehensive Guide Plan Change from Office to Regional Commercial on 5 acres, from Office to Medium Density Residential on 35.2 acres, and from Office to Low Density Residential on 13.69 acres; PUD Concept Review on 110 acres; PUD District Review on 88 acres; Preliminary Plat of 88 acres into 7 commercial lots, 218 townhouse lots, 25 single family lots, and 3 outlots; Rezoning from Office to RI-13.5 on 13.69 acres; Rezoning from Office to RM-6.5 on 35.20 acres; Rezoning from Office to Regional Commercial Service on 10 acres; and Site Plan Review on 88 acres; situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No. __ , and Resolution No. __ for Preliminary Plat and Resolution No. Site Plan Review; Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on September 20, 1994, revised and dated September 20, 1994, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHmIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. STREET AND UTILITY PLANS: Developer agrees that the street and utility plans depicted in Exhibit B are conceptual and prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems and storm sewer. TIL. P. -7 4. LAND ALTERATION PERMIT AND TREE REPLACEMENT: Prior to any construction or development on the Property, Developer shall submit for review and approval by the City Engineer, a land alteration permit. 5. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City and receive the City'S approval of a final landscape plan for the property. Said landscape plan shall be consistent with the quantity, type, and size of plant materials as shown on the landscape plan as depicted on Exhibit B attached hereto. Said landscape plan shall also be revised to substitute other types of shade trees for aspen. Developer shall furnish to the City and receive the City's approval of a landscape bond equal to 150 % of the cost of said improvements as required by City code. Developer agrees that the berming and landscaping along the north and south property lines as depicted on Exhibit B, attached hereto, shall be installed concurrent with the construction of the first building on the property. Upon approval by the City, Developer agrees to construct, or cause to be constructed, said landscape improvements concurrent with building construction on the property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 6. EXTERIOR MATERIALS: Prior to building permit issuance, the Developer shall submit to the City, and receive the City'S approval thereof a plan depicting exterior materials and colors to be used on the buildings on the property. Upon approval by the City, Developer agrees to construct, or cause to be. constructed, said exterior materials concurrent with building construction on the property and in accordance with the terms and conditions of Exhibit C, attached hereto. 7. IRRIGATION PLAN: Prior to the issuance by the City of any building permit for construction on the property, Developer agrees to submit to the City, and to receive the City's approval of an irrigation plan on the property for the purpose of maintaining the landscaping and screening materials to be installed on the property. Upon approval by the City, Developer agrees to construct, or cause to be constructed said irrigation plan concurrent with the installation of landscaping and screening, as approved by the City, in accordance with the terms and conditions of Exhibit C, attached hereto. 8. RETAINING WALLS: Prior to building permit issuance, the Developer shall submit to the City and receive the City's approval of detailed plans for retaining walls indicated on the grading plan as depicted on Exhibit B, attached hereto. Said plans shall include details with respect to height, type of materials, and method of construction to be used for said retaining walls. Materials implemented by the Developer shall be segmental block or masonry construction. Upon approval by the City, Developer agrees to construct, or cause to be constructed, said retaining walls, as approved by the City, concurrent with site construction on the property, and in accordance with the terms and conditions of Exhibit C, attached hereto. -:ur. P. -8 9. TRAFFIC SIGNAL AT INTERSECTION OF PRAIRIE CENTER DRIVE AND PRAIRIE LAKES DRIVE AND BITUMINOUS OVERLAY OF EXISTING STREETS: Prior to the approval by the City of any final plat for the property, the Developer shall pay to the City $21,600 to defray the City'S expense to construct a bituminous overlay on existing Rolling Hills Road and Prairie Lakes Drive and to install a traffic signal at the intersection of Prairie Lakes Drive and Prairie Center Drive. 10. FINAL GRADING AND EROSION CONTROL PLAN: A. FINAL GRADING PLAN: Developer acknowledges that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the issuance of a grading permit for the Property, Developer shall submit and obtain the City Engineer's approval of a final grading plan for the Property. The final grading plan shall include all water quality ponds, storm water detention areas and storm sewers. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading plan. EROSION CONTROL PLAN: Prior to issuance of a grading permit, Developer shall submit and obtain City Engineer's approval of an Erosion Control Plan for the property. Erosion Control Plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures. All site grading operations shall conform to the City'S Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. B. Prior to the issuance of a grading permit for the site Developer shall deposit $6,000 with the City. The City may draw upon the deposited funds to defray expenses to administer Article 6 of the Erosion Control Policy and to remove sediment accumulated during construction from the existing storm water treatment pond on Lot 1, Block 1, Prairie Lakes Business Park. The Developer's share of City cost to clean the existing pond on Lot 1 shall be 30 percent. Upon cleaning of the existing pond by the City, any remaining funds shall be returned to the Developer. If, during the project the fund balance reaches $2,000 or less, the City may request and the Developer shall deposit additional monies as requested by the City Engineer. 11. PUBLIC IMPROVEMENTS: Prior to approval by the City of any final plat for the property, the Developer agrees to provide the City with a bond or letter of credit as security for the construction of all watermain, sanitary sewer, storm sewer and streets within the property intended to be dedicated to the City for public ownership and maintenance, per Chapter 12 of City Code. 12. UNUSED STREET OPENING: Developer agrees to remove existing unused street openings on the property and replace with concrete curb and gutter. 13. PUD WAIVERS GRANTED: City hereby grants the following waivers to City code requirements within the RM-6.5 Zoning District through the Planned Unit Development District Review for the property and incorporates said waivers as part of PUD ___ _ :or, P ... 9 A. Waiver from the minimum lot size requirement of 6,500 sq. ft. to 2,100 sq. ft. B. Waiver from the requirement for lots fronting on a public street and use of a private road. 14. SIDEWALK AND TRAIL ALIGNMENT: Prior to the issuance by the City of any permit for construction on the property, Developer shall submit to the Director of Parks, Recreation, and Natural Resources, and obtain the Director's approval of detailed plans for sidewalks and trails to be constructed on the property. Said sidewalks and trails shall be constructed in the following location as depicted on Exhibit B, attached hereto: A. A five-foot wide concrete sidewalk along the east side of Prairie Lakes Drive. Upon approval by the Director of Parks, Recreation and Natural Resources, Developer agrees to construct, or cause to be constructed, said sidewalks and trails concurrent with construction of utilities on the property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 15. FENCE TO PROTECT WILDLIFE HABITAT AWNG ANDERSON LAKES: Prior to the issuance of a building permit for the property, Developer shall submit to the City, and receive the City'S approval of a five-foot high chain link fence to be constructed along the entire length of the property adjoining Anderson Lakes and tied back into the berms as depicted on Exhibit B, attached hereto. Said plans shall include provisions for screening of said fence from Anderson Lakes with plant materials indiginous to the area. Upon approval by the City, Developer agrees to construct, or cause to be constructed, said five- foot high chain link fence and landscaping, concurrent with the construction of utilities on the property, and in accordance with the terms and conditions of Exhibit C, attached hereto. rsr. f. -\0 DEVELOPER'S AGREEMENT RYAN CONSTRUCTION COMPANY HARTFORD PLACE THIS AGREEMENT, made and entered into as of , 19_, by Ryan Construction Company of Minnesota, a Minnesota Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Comprehensive Guide Plan Change from Office to Regional Commercial on 5 acres, from Office to Medium Density Residential on 35.2 acres, and from Office to Low Density Residential on 13.69 acres; PUD Concept Review on 110 acres; PUD District Review on 88 acres; Preliminary Plat of 88 acres into 7 commercial lots, 218 townhouse lots, 25 single family lots, and 3 outlots; Rezoning from Office to RI-13.5 on 13.69 acres; Rezoning from Office to RM-6.5 on 35.20 acres; Rezoning from Office to Regional Commercial Service on 10 acres; and Site Plan Review on 88 acres; situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No. __ , and Resolution No. __ for Preliminary Plat and Resolution No. Site Plan Review; Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on September 20, 1994, revised and dated September 20, 1994, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHmIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. STREET AND UTILITY PLANS: Developer agrees that the street and utility plans as depicted in Exhibit B are conceptual and that prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems and storm sewer. All signage and monuments must be located outside of public right-of-ways, as per City Code. -W-.P.~I\ 4. LAND ALTERATION PERMIT AND TREE REPLACEMENT: Prior to any construction or development on the Property, Developer shall submit a land alteration permit for review and approval by the City Engineer. Developer agrees to provide the City with a security equal to 150 % of the cost of 112 caliper inches of tree replacement as required by City code prior to the issuance of the land alteration permit. 5. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City and receive the City's approval of a final landscape plan for the property. Said landscape plan shall be consistent with the quantity, type, and size of plant materials as shown on the landscape plan as depicted on Exhibit B, attached hereto. Developer shall furnish to the City and receive the City's approval of a landscape bond equal to 150 % of the cost of said improvements as required by City code. Upon approval by the City, Developer agrees to construct, or cause to be constructed, said landscape improvements concurrent with building construction on the property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 6. EXTERIOR MATERIALS: Prior to building permit issuance, the Developer shall submit to the City, and receive the City's approval thereof, a plan depicting exterior materials and colors to be used on the buildings on the property. Upon approval by the City, Developer agrees to construct, or cause to be constructed, said exterior materials concurrent with building construction on the property and in accordance with the terms and conditions of Exhibit C, attached hereto. 7. IRRIGATION PLAN: Prior to the issuance by the City of any building permit for construction on the property, Developer agrees to submit to the City, and to receive the City's approval of an irrigation plan on the property for the purpose of maintaining the landscaping and screening materials to be installed on the property. Upon approval by the City, Developer agrees to construct, or cause to be constructed said irrigation plan concurrent with the installation of landscaping and screening, as approved by the City, in accordance with the terms and conditions of Exhibit C, attached hereto. 8. RETAINING WALLS: Prior to building permit issuance, the Developer shall submit to the City and receive the City's approval of detailed plans for retaining walls indicated on the grading plan as depicted on Exhibit B, attached hereto. Said plans shall include details with respect to height, type of materials, and method of construction to be used for said retaining walls. Materials implemented by the Developer shall be segmental block or masonry construction. Upon approval by the City, Developer agrees to construct, or cause to be constructed, said retaining walls, as approved by the City, concurrent with site construction on the property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 9. TRAFFIC SIGNAL AT INTERSECTION OF PRAIRIE CENTER DRIVE AND PRAIRIE LAKES DRIVE AND BITUMINOUS OVERLAY OF EXISTING STREETS: Prior to the "U[.P. -\~ approval by the City of any final plat for the property, the Developer shall pay to the City $33,220 to defray the City's expense to construct a bituminous overlay on existing Rolling Hills Road and Prairie Lakes Drive and to install a traffic signal at the intersection of Prairie Lakes Drive and Prairie Center Drive. 10. FINAL GRADING AND EROSION CONTROL PLAN: A. FINAL GRADING PLAN: Developer acknowledges that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the issuance of a grading permit for the Property, Developer shall submit and obtain the City Engineer's approval of a final grading plan for the Property. The final grading plan shall include all water quality ponds, storm water detention areas and storm sewers. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading plan. EROSION CONTROL PLAN: Prior to issuance of a grading permit, Developer shall submit and obtain City Engineers approval of an Erosion Control Plan for the property. Erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures. All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. B. Prior to the issuance of a grading permit for the site Developer shall deposit $8,000 with the City. The City may draw upon the deposited funds to defray expenses to administer Article 6 of the Erosion Control Policy and to remove sediment accumulated during construction from the existing storm water treatment pond on Lot 1, Block 1, Prairie Lakes Business Park. The Developer's share of City cost to clean the existing pond on Lot 1 shall be 40 percent. Upon cleaning of the existing pond by the City, any remaining funds shall be returned to the Developer. If, during the project the fund balance reaches $2,000 or less, the City may request and the Developer shall deposit additional monies as requested by the City Engineer. 12. PUBLIC IMPROVEMENTS: Prior to approval by the City of any final plat for the property, the Developer agrees to provide the City with a bond or letter of credit as security for the construction of all watermain, sanitary sewer, storm sewer and streets within the property intended to be dedicated to the City for public ownership and maintenance, per Chapter 12 of City Code. 13. UNUSED STREET OPENING: Developer agrees to remove existing unused street openings on the property and replace with concrete curb and gutter. 14. PUD WAIVERS GRANTED: City hereby grants the following waivers to City code requirements within the C-Regional Service Zoning District through the Planned Unit Development District Review for the property and incorporates said waivers as part of PUD _ ")lr.P. ~ 13 A. Waiver from the base area ratio requirement of .20 to .23 for Lot 1, Block 1 and from .20 to .21 for Lot 1, 2, 3, Block 1. B. Waiver to permit a loading dock in the front yard adjacent to Rolling Hills Road. C. Zero lot line setback parking for Block 1, 2 and 3. Developer agrees that approval of the base area ratio waivers is based on the premise that the total base area ratio for Lots 1, 2, 3, Block 1 and Lots 1, 2, 3, Block 2, is .19. Developer agrees to ftle deed restrictions on Lots 1, 2, 3, Block 1, and Lots 1, 2, 3, Block 2, restricting the base ratios as shown on Exhibit b, attached hereto. Developer shall submit said deed restrictions for review and approval by the City prior to the release of the final plat. Upon approval by the City, Developer shall record said deed restrictions in the appropriate Hennepin County Recorders Office and provide evidence of recording prior to building permit issuance. 15. SIDEW ALK AND TRAIL ALIGNMENT: Prior to the issuance by the City of any permit for construction on the property, Developer shall submit to the Director of Parks, Recreation, and Natural Resources, and obtain the Director's approval of detailed plans for sidewalks and trails to be constructed on the property. Said sidewalks and trails shall be constructed in the following location as depicted on Exhibit B, attached hereto: A. A five-foot wide concrete sidewalk along the west side of Prairie Lakes Drive. B. A five-foot wide concrete sidewalk along the south side of Prairie Lakes Drive and the north side of Rolling Hills Road. C. A five-foot wide concrete sidewalk along the north side of Prairie Lakes Drive. Upon approval by the Director of Parks, Recreation and Natural Resources, Developer agrees to construct, or cause to be constructed, said sidewalks and trails concurrent with construction of utilities on the property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 16. MECHANICAL EQUIPMENT SCREENING PLAN: Prior to building permit issuance, the Developer shall submit to the City and receive the City's approval of a mechanical equipment screening plan developed in accordance with the City code. Upon approval by the City, Developer agrees to construct, or cause to be constructed, said mechanical equipment screening plan in accordance with the terms and provisions of Exhibit C attached hereto. 17. REVISED BUILDING EXTERIOR ELEVATIONS FOR WT 1, BWCK __ : Prior to building permit issuance, Developer shall submit to the City and receive the City's approval of revised exterior building elevations depicting 4 brick circles per building. ur.P. -lL\ Upon approval by the City, Developer agrees to construct or cause to be constructed said brick circles in accordance with the terms and provisions of Exhibit C, attached hereto. 18. TRASH ENCWSURES: Developer agrees that all trash and recycling areas shall be stored inside of each of the commercial buildings on the property. 19. SIGNS: Developer has submitted a sign plan as depicted on Exhibit B, attached hereto. Developer agrees that the building materials for the free-standing monument and pylon signage shall be compatible with exterior materials and colors used on the commercial buildings on the property. Developer further agrees that any signs to be placed on the building shall be in the locations as depicted on Exhibit B and in accordance with the terms and provisions of Chapter 11 of the City Code related to sign requirements. 20. LIGHTING: Developer has submitted an exterior lighting plan for the property utilizing the City's standard downtown lighting fixtures. Developer agrees that the lighting standards shall not exceed 20 feet in height. Any lighting proposed on the building shall be downcast cutoff luminars (shoebox design) to direct lighting onto the ground and not cause glare offsite. 21. DRAINAGE AND UTILITY EASEMENTS: Developer shall provide the City with a drainage and utility easement over the property described as Lot 1, Block 1, Prairie Lakes Business Park, Lot 1, Block 1, prior to the release of the final plat for the property. 22. PROOF OF PARKING: Prior to building permit issuance, Developer shall submit a revised proof of parking plan which does not depict the use of planting islands as proof of parking spaces in the main parking lot on the north side of the buildings on proposed Lot 2. Developer and City acknowledge that proof of parking spaces are proposed for the property, depicted in Exhibit B, attached hereto and are designated for the use by the Commercial uses and that said spaces are not required to be constructed at this time. However, said spaces may be required to be constructed in the future if it is determined by the City, in its sole discretion, that it is necessary. At such time as City, in its sole discresion, may determine that it is necessary for all of that portion, of, said proof of parking spaces to be constructed in order to accommodate commercial users, the following shall occur: A. City shall notify the Developer in writing of the need to construct all, or a portion of said __ proof of parking spaces. B. Within six months of the receipt of written notice from the City, Developer agrees to have completed construction of all, or a portion of, said __ proof of parking spaces, as determined by the City, in the location as depicted in Exhibit B, attached hereto. 11['. P. -l=> DEVELOPER'S AGREEMENT PULTE MASTER BUILDER HARTFORD PLACE THIS AGREEMENT, made and entered into as of , 19_, by Pulte Master Builder, a Minnesota Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Comprehensive Guide Plan Change from Office to Regional Commercial on 5 acres, from Office to Medium Density Residential on 35.2 acres, and from Office to Low Density Residential on 13.69 acres; PUD Concept Review on 110 acres; PUD District Review on 88 acres; Preliminary Plat of 88 acres into 7 commercial lots, 218 townhouse lots, 25 single family lots, and 3 outlots; Rezoning from Office to RI-13.5 on 13.69 acres; Rezoning from Office to RM-6.5 on 35.20 acres; Rezoning from Office to Regional Commercial Service on 10 acres; and Site Plan Review on 88 acres; situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No. __ , and Resolution No. __ for Preliminary Plat and Resolution No. Site Plan Review; Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on September 20, 1994, revised and dated September 20, 1994, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHmIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems and storm sewer. 4. LAND ALTERATION PERMIT: Prior to any construction or development on the Property, developer shall submit for review and approval by the City Engineer, a land alteration permit. :oL,P. -Ib 5. LANDSCAPE PLAN: Developer agrees that said berming and landscaping along the south property line as depicted on Exhibit B, attached hereto, shall be constructed concurrent with the fIrst building on the property. Said berming and landscaping along the east property line adjoining site 7 as depicted on Exhibit B shall be constructed concurrent with the fIrst building. Prior to building permit issuance, the Developer shall submit to the City and receive the City's approval of a final landscape plan for the property. Said landscape plan shall be consistent with the quantity, type, and size of plant materials as shown on the landscape plan as depicted as part of Exhibit B. Developer shall furnish to the City and receive the City's approval of a landscape bond equal to 150 % of the cost of said improvements as required by City code. Prior to grading permit issuance, Developer shall submit to the City and receive the City's approval of a plan for relocation replacement, and saving of existing planted trees on the existing berm. Developer agrees that trees lost due to construction or construction practices shall be replaced on a caliper inch per caliper inch basis. Upon approval by the City, Developer agrees to construct, or cause to be constructed, said landscape improvements concurrent with building construction on the property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 6. EXTERIOR MATERIALS: Prior to building permit issuance, the Developer shall submit to the City, and receive the City'S approval thereof, a plan depicting exterior materials and colors to be used on the buildings on the property. Upon approval by the City, Developer agrees to construct, or cause to be constructed, said exterior materials concurrent with building construction on the property and in accordance with the terms and conditions of Exhibit C, attached hereto. 7. IRRIGATION PLAN: Prior to the issuance by the City of any building permit for construction on the property, Developer agrees to submit to the City, and to receive the City'S approval of an irrigation plan on the property for the purpose of maintaining the landscaping and screening materials to be installed on the property. Upon approval by the City, Developer agrees to construct, or cause to be constructed said irrigation plan concurrent with the installation of landscaping and screening, as approved by the City, in accordance with the terms and conditions of Exhibit C, attached hereto. 8. RETAINING WALLS: Prior to building permit issuance, the Developer shall submit to the City and receive the City'S approval of detailed plans for retaining walls indicated on the grading plan as depicted on Exhibit B, attached hereto. Said plans shall include details with respect to height, type of materials, and method of construction to be used for said retaining walls. Materials implemented by the Developer shall be segmental block or masonry construction. Upon approval by the City, Developer agrees to construct, or cause to be constructed, said retaining walls, as approved by the City, concurrent with site construction on the property, and in accordance with the terms and conditions of Exhibit C, attached hereto. Uf. P ... 17 9. TRAFFIC SIGNAL AT INTERSECTION OF PRAIRIE CENTER DRIVE AND PRAIRIE LAKES DRIVE AND BITUMINOUS OVERLAY OF EXISTING STREETS: Prior to the approval by the City of any final plat for the property, the Developer shall pay to the City $41,260 to defray the City'S expense to construct a bituminous overlay on existing Rolling Hills Road and Prairie Lakes Drive and to install a traffic signal at the intersection of Prairie Lakes Drive and Prairie Center Drive. 10. FINAL GRADING AND EROSION CONTROL PLAN: FINAL GRADING PLAN: Developer acknowledges that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the issuance of a grading permit for the Property, Developer shall submit and obtain the City Engineer's approval of a final grading plan for the Property. The final grading plan shall include all water quality ponds, storm water detention areas and storm sewers. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading plan. EROSION CONTROL PLAN: Prior to issuance of a Grading Permit, Developer shall submit and obtain City Engineer's approval of an Erosion Control Plan for the Property. Erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures. All site grading operations shall conform to the City'S Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. 11. PUBLIC IMPROVEMENTS: Prior to approval by the City of any final plat for the property, the Developer agrees to provide the City with a bond or letter of credit as security for the construction of all watermain, sanitary sewer, storm sewer and streets within the property intended to be dedicated to the City for public ownership and maintenance, per Chapter 12 of City Code. 12. UNUSED STREET OPENING: Developer agrees to remove existing unused street openings on the property and replace with concrete curb and gutter. 13. PUD WAIVERS GRANTED: City hereby grants the following waivers to City code requirements within the RM-6.5 Zoning District through the Planned Unit Development District Review for the property and incorporates said waivers as part of PUD ___ _ A. Waiver from the minimum lot size requirement of 6,500 sq. ft. to 2,100 sq. ft. B. Waiver from the requirement for lots fronting on a public street and use of a private road. 14. SIDEWALK AND TRAIL ALIGNMENT: Prior to the issuance by the City of any permit for construction on the property, Developer shall submit to the Director of Parks, Recreation, and Natural Resources, and obtain the Director's approval of detailed plans for sidewalks and trails to be constructed on the property. Said sidewalks and trails shall be constructed in the following location as depicted on Exhibit B, attached hereto: A. A five-foot wide concrete sidewalk along the east side of Prairie Lakes Drive. N. P ... I~ Upon approval by the Director of Parks, Recreation and Natural Resources, Developer agrees to construct, or cause to be constructed, said sidewalks and trails concurrent with construction of utilities on the property, and in accordance with the terms and conditions of Exhibit C, attached hereto. nr. p. -)~ DEVELOPER'S AGREEMENT BRIDGEWOOD CORPORATION HARTFORD PLACE THIS AGREEMENT, made and entered into as of , 19_, by Bridgewood Corporation, a Minnesota Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Comprehensive Guide Plan Change from Office to Regional Commercial on 5 acres, from Office to Medium Density Residential on 35.2 acres, and from Office to Low Density Residential on 13.69 acres; PUD Concept Review on 110 acres; PUD District Review on 88 acres; Preliminary Plat of 88 acres into 7 commercial lots, 218 townhouse lots, 25 single family lots, and 3 outlots; Rezoning from Office to RI-13.5 on 13.69 acres; Rezoning from Office to RM-6.5 on 35.20 acres; Rezoning from Office to Regional Commercial Service on 10 acres; and Site Plan Review on 88 acres; situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No. __ , and Resolution No. __ for Preliminary Plat and Resolution No. Site Plan Review; Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on September 20, 1994, revised and dated September 20, 1994, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHmIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. LANDSCAPE PLAN: The landscaping and berming improvements as depicted on Exhibit B, attached hereto, shall be constructed within one year of the date of this agreement. Prior to the release of the final plat, the Developer shall furnish the City with the security equal to 150 % of the cost of said berming and landscaping as required by City Code. Upon approval by the City, Developer agrees to construct, or cause to be constructed said berming and landscape improvements as depicted on Exhibit B and in accordance with the terms and provisions of Exhibit C, attached hereto. 'N, PI -20 4. SITE PLAN AND GRADING PLAN APPROVAL: Prior to the issuance of a building permit for the property, Developer shall receive site plan and grading plan approval in accordance with the terms and provisions of Chapters 11 and 12 of the City Code from the Planning Commission and City Council. 5. TRAFFIC SIGNAL AT INTERSECTION OF PRAIRIE CENTER DRIVE AND PRAIRIE LAKES DRIVE AND BITUMINOUS OVERLAY OF EXISTING STREETS: Prior to the approval by the City of any final plat for the property, the Developer shall pay to the City $13,350 to defray the City's expense to construct a bituminous overlay on existing Rolling Hills Road and Prairie Lakes Drive and to install a traffic signal at the intersection of Prairie Lakes Drive and Prairie Center Drive. 6. PUBLIC IMPROVEMENTS: Prior to approval by the City of any final plat for the property, the Developer agrees to provide the City with a bond or letter of credit as security for the construction of all watermain, sanitary sewer, storm sewer and streets within the property intended to be dedicated to the City for public ownership and maintenance, per Chapter 12 of City Code. 7. UNUSED STREET OPENING: Developer agrees to remove existing unused street openings on the property and replace with concrete curb and gutter. 8. SIDEWALK AND TRAIL ALIGNMENT: Prior to the issuance by the City of any permit for construction on the property, Developer shall submit to the Director of Parks, Recreation, and Natural Resources, and obtain the Director's approval of detailed plans for sidewalks and trails to be constructed on the property. Said sidewalks and trails shall be constructed in the following location as depicted on Exhibit B, attached hereto: A. A five-foot wide concrete sidewalk along the south side of Rolling Hills Road continued to property lines. B. A five-foot wide concrete sidewalk along Prairie Center Drive. Upon approval by the Director of Parks, Recreation and Natural Resources, Developer agrees to construct, or cause to be constructed, said sidewalks and trails concurrent with construction of buildings on the property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 9. SIGNAGE AND MONUMENTATION: All signs and monuments must be located outside of public right-of-ways, as per City Code. nI". p. -2., DEVELOPER'S AGREEMENT NEDEGAARD CONSTRUCTION HARTFORD PLACE THIS AGREEMENT, made and entered into as of , 19_, by Nedegaard Construction, Inc., a Minnesota Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Comprehensive Guide Plan Change from Office to Regional Commercial on 5 acres, from Office to Medium Density Residential on 35.2 acres, and from Office to Low Density Residential on 13.69 acres; PUD Concept Review on 110 acres; PUD District Review on 88 acres; Preliminary Plat of 88 acres into 7 commercial lots, 218 townhouse lots, 25 single family lots, and 3 outlots; Rezoning from Office to RI-13.5 on 13.69 acres; Rezoning from Office to RM-6.5 on 35.20 acres; Rezoning from Office to Regional Commercial Service on 10 acres; and Site Plan Review on 88 acres; situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No. __ , and Resolution No. __ for Preliminary Plat and Resolution No. Site Plan Review; Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on September 20, 1994, revised and dated September 20, 1994, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHmIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems and storm sewer. The island shown on the site plan in the cul-de-sac at the south end of Prairie Lakes Circle shall be deleted. The street right-of-way at the cul-de-sac shall be a 50-foot radius and shall be parallel to curb through the throat of the cul-de-sac. 4. LAND ALTERATION PERMIT: Prior to any construction or development on the Property, Developer shall submit to the City Engineer and receive the City Engineer's approval of a land alteration permit for the property. N,P-22. 5. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City and receive the City's approval of a final landscape plan for the property. Said landscape plan shall be consistent with the quantity, type, and size of plant materials as shown on the landscape plan as depicted on Exhibit B attached hereto. Developer shall furnish to the City and receive the City's approval of a landscape bond equal to 150 % of the cost of said improvements as required by City code. Developer agrees that the berming and landscaping along the north and south property lines as depicted on Exhibit B shall be installed concurrent with the construction of the first building on the property. Upon approval by the City, Developer agrees to construct, or cause to be constructed, said landscape improvements concurrent with building construction on the property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 6. RETAINING WALLS: Prior to building permit issuance, the Developer shall submit to the City and receive the City's approval of detailed plans for retaining walls indicated on the grading plan as depicted on Exhibit B, attached hereto. Said plans shall include details with respect to height, type of materials, and method of construction to be used for said retaining walls. Materials implemented by the Developer shall be segmental block or masonry construction. Upon approval by the City, Developer agrees to construct, or cause to be constructed, said retaining walls, as approved by the City, concurrent with site construction on the property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 7. PUD WAIVERS GRANTED: City hereby grants the following waivers to City code requirements within the RI-13.5 Zoning District through the Planned Unit Development District Review for the property and incorporates said waivers as part of PUD ___ _ A. Waiver from the minimum front yard setback requirement of 30 feet to 25 feet for Lots ___ through , Block __ _ B. Waiver from the minimum combined sideyard setback requirement of 25 feet to 20 feet with a minimum dimension of 10 feet for either sideyard, for lots thru __ Block __ . 8. TRAFFIC SIGNAL AT INTERSECTION OF PRAIRIE CENTER DRIVE AND PRAIRIE LAKES DRIVE AND BITUMINOUS OVERLAY OF EXISTING STREETS: Prior to the approval by the City of any final plat for the property, the Developer shall pay to the City $20,550 to defray the City'S expense to construct a bituminous overlay on existing Rolling Hills Road and Prairie Lakes Drive and to install a traffic signal at the intersection of Prairie Lakes Drive and Prairie Center Drive. 9. FINAL GRADING AND EROSION CONTROL PLAN: A. FINAL GRADING PLAN: Developer acknowledges that the grading and drainage plan ]}[,p -23 contained in Exhibit B is conceptual. Prior to the issuance of a grading permit for the Property, Developer shall submit and obtain the City Engineer's approval of a final grading plan for the Property. The final grading plan shall include all water quality ponds, storm water detention areas and storm sewers. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading plan. EROSION CONTROL PLAN: Prior to issuance of a Grading Permit, Developer shall submit and obtain City Engineers approval of an Erosion Control Plan for the Property. Erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures. All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. B. Prior to the issuance of a grading permit for the site Developer shall deposit $6,000 with the City. The City may draw upon the deposited funds to defray expenses to administer Article 6 of the Erosion Control Policy and to remove sediment accumulated during construction from the existing storm water treatment pond on Lot 1, Block 1, Prairie Lakes Business Park. The Developer's share of City cost to clean the existing pond on Lot 1 shall be 30 percent. Upon cleaning of the existing pond by the City, any remaining funds shall be returned to the Developer. If, during the project the fund balance reaches $2,000 or less, the City may request and the Developer shall deposit additional monies as requested by the City Engineer. 10. PUBLIC IMPROVEMENTS: Prior to approval by the City of any final plat for the property, the Developer agrees to provide the City with a bond or letter of credit as security for the construction of all watermain, sanitary sewer, storm sewer and streets within the property intended to be dedicated to the City for public ownership and maintenance, per Chapter 12 of City Code. 11. SIDEWALK AND TRAIL ALIGNMENT: Prior to the issuance by the City of any permit for construction on the property, Developer shall submit to the Director of Parks, Recreation, and Natural Resources, and obtain the Director's approval of detailed plans for sidewalks and trails to be constructed on the property. Said sidewalks and trails shall be constructed in the following location as depicted on Exhibit B, attached hereto: A. A five-foot wide concrete sidewalk along one side of the public road as depicted on Exhibit B. Upon approval by the Director of Parks, Recreation and Natural Resources, Developer agrees to construct, or cause to be constructed, said sidewalks and trails concurrent with construction of utilities on the property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 12. FENCE TO PROTECT WILDLIFE HABITAT AWNG ANDERSON LAKES: Prior to the release of the final plat for the property, Developer shall submit to the City, and receive the ~lSL. P. -z L\ City's approval of a five-foot high chain link fence to be constructed along the entire length of the property adjoining Anderson Lakes and tied back into the berms as shown on Exhibit B, attached hereto. Said plans shall include provisions for screening of said fence from Anderson Lakes with plant materials indiginous to the area. Upon approval by the City, Developer agrees to construct, or cause to be constructed, said five- foot high chain link fence and landscaping, concurrent with the construction of utilities on the property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 13. CONSERVATION EASEMENT FOR PROPOSED LANDSCAPING: Prior to the release of the final plat, the Developer shall submit to the City, and receive the City's approval of a conservation easement for the protection of proposed plantings across the rear lot lines as depicted on Exhibit B, attached hereto. This easement shall allow the developer to enter upon the easement for the purposes of constructing berms and planting landscaping consistent with the approved grading and landscaping plan as depicted on Exhibit B. Thereafter, the grading or berm shall not be altered nor shall any plantings be removed except with the prior written consent of the City. Notwithstanding the above restrictions, the owner of any individual lot may cut and maintain grasses as well as plant additional trees, shrubs or flowers within that portion of the easement covering the respective lot. There shall be no trash, waste, or other offensive material, soil, or landfill placed within the easement area nor shall there be any change in the general topography of the easement area landscape, including, but not limited to, excavation, dredging, movement or removal of soil without the prior written consent of the City. Upon approval by the City of said easement document, Developer shall record said easement in the appropriate Hennepin County Records Office. Evidence of fIling of said easement shall be submitted to the City prior to the release of the first building permit. 14. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING TREES ON THE PROPERTY: Prior to the release of the final plat, Developer shall submit a Conservation Easement for review and approval by the City for Lots __ through , Block __ , as shown on Exhibit B. Upon approval by the City, Developer shall deliver and record the Conservation Easement in the appropriate Hennepin County Records Office and shall provide evidence of the recording of Conservation Easement prior to the release of the first building permit. 15. ENTRANCE MEDIAN: Submit detailed landscape plans for review and approval by the City for the center median entrance island on the property. Prior to the release of the final plat, Developer shall submit for review and approval by the City, restrictive covenants regarding the repair and upkeep of the Median located in Prairie Lakes Drive as depicted on Exhibit B, attached hereto. Said restrictive covenants shall include the following language: "The homeowner's association shall be responsible for the maintenance, repair and upkeep of the median located in Prairie Lakes Drive, immediately north of the property. At any such time, as directed by the City, the association, without cost to the City, shall remove the median and restore the surface of the roadway. All cost incurred by the Association in maintaining, repairing, or removing the median shall be assessed to members in the association. " TIL. PI -25"' DATE: 11/01/94 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: It. Q.. SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat approval of Weston Woods on Anderson Lake Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Weston Woods on Anderson Lake subject to the following conditions: 1. Revision of plat to include drainage and utility easements over all utilities proposed for public ownership and maintenance 2. Receipt of engineering fee in the amount of $2,360 3. Satisfaction of bonding requirements for the installation of all public utilities 4. The requirements of the Developer's Agreement Overview: This proposal, by Mark of Excellence Homes, Inc., is the multi-family portion of the Hartford Place Development, consisting .of 14.5 acres to be divided into 58 duplex units and one lot for common ownership purposes. The preliminary plat was approved September 20, 1994 per Resolution No. 94-149. Second Reading of the Rezoning Ordinance and approval of the Developer's Agreement is scheduled for the November 1, 1994 City Council meeting. cc: Mark of Excellence Homes, Inc. Hy-Land Surveying RLK & Associates Item No. / /I. &., I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF WESTON WOODS ON ANDERSON LAKE WHEREAS, the plat of Weston Woods on Anderson Lake has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Weston Woods on Anderson Lake is approved upon compliance with the recommendation of the City Engineer's report on this plat dated October 26, 1994. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on November 1, 1994. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk Item No. IV. Q. L \ w ~ « ...J z o CJ) 0: W o z « z o (f) o o o ~ z ~ (f) w ~ ~ () -, \:1 loJ (,'l (:1 ttJ '" '" '" " / / / " / f'. I ' / . '. I I '., .. . ", .. ~ . , A ., " .. . , ~. ; .) " " / / / ./ / DATE: 11101194 EDEN PRAIRIE CITY COUNCIL AGENDA Consent Calendar ITEM NO: IV. 12 SECTION: DEPARTMENT: ITEM DESCRIPTION: Engineering Division The Sanctuary Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of The Sanctuary subject to the following conditions: 1. Receipt of street sign fee in the amount of $637 2. Receipt of engineering fee in the amount of $1,000 3. Receipt of street lighting fee in the amount of $4,439 4. Vacation of un de dying drainage and utility easements and excess street right-of-way over the existing cul-de-sac within Prairie Lakes Drive 5. Revision of plat to include additional drainage and utility easements within Block 2 for drainage and storm sewer purposes. 6. Revised street name of "Prairie Lakes Circle" 7. Revised street driveway to reflect constant boulevard with parallel with curb line and around curves and cul-de-sacs 8. Removal of island within cul-de-sac Overview: The Sanctuary is a 13.8 acre single family subdivision proposed by Nedegaard Construction within the Hartford Place PUD. The plat contains 25 single family lots and right-of-way dedication for street purposes. The preliminary plat was approved September 20, 1994. Second Reading of the Rezoning Ordinance and approval of the Developer's Agreement is scheduled for the November 1, 1994 City Council meeting. CC: Dave Newman, Nedegaard Construction Company ~lC Associates Item No. , V. Je. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF THE SANCTUARY WHEREAS, the plat of The Sanctuary has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for The Sanctuary is approved upon compliance with the recommendation of the City Engineer's report on this plat dated October 27, 1994. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on November 1, 1994. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk Item No. Ill, 2, 2- ...... ~ ~ ~ ii o $0 FbFbdoO SCALE IN FEET • IIhOI" ............ ' .~~ .. IIII.S'lUll'D ~-----.----------_. __ . ------------------. THE SANCTUARY ::::_NOj·~O'14 .. r 1 r _,~! 64j7 " • . / ,\r-..!2~ ....::.,.-, -. 'IOn'.· S \ -.. !'" ---. n 4/1"f ~ ~ \ \ _ , .--.--___ .!.?J 52 ~. / ~ r ---... !!_---'" ( \ \ I I I _ ----... s ',. \ " ./"",'" '. ,> 0' " " I ' ,,' '. /1 I ~" ,\\,\; ;" ,"..:' , .'" / ~ \ I' ' ,g" . -""-J?> , '~".. I" fl /: ,> :// ') 'ii' ~'~·Iq· •• '" ,,'" ' • ,. '. "> I ",t.. ". ~ f ' I / •• ~~ , I .'" < I I • ./' -,~ >,. ' / 5 ("\" ,," J J..'i' / /1 I, f.~-f! 7 /!!a.. ~?~/o'£ ;,~." ~ , .' . _ • • /,' ~o C ' ? / .. ~.-.) I // ,n ' .~ ..•• ~ ~' )/ _' , . . ..... 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DATE: 11/01/94 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: III. S SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat approval of Hartford Place 2nd Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Hartford Place 2nd Addition subject to the following conditions: 1. Receipt of engineering fee in the amount of $6,400 2. Satisfaction of bonding requirements for the installation of all public utilities 3. The requirements of the Developer's Agreement Overview: The plat contains 27.27 acres to be divided into 62 multi-family lots, one common area lot, and one outlot all for the development of a multi-family housing development consisting of four-plex and eight-plex units to be developed by Pulte Corporation. The preliminary plat was approved September 20, 1994. Second Reading of the Rezoning Ordinance and approval of the Developer's Agreement is scheduled for the November 1, 1994 City Council meeting. cc: Pulte Homes Corporation Hedlund Engineering ~lC Associates Item No. III. Sf I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF WHEREAS, the plat of Hartford Place 2nd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Hartford Place 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated October 26, 1994. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on November 1, 1994. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk Item No. /11. S. 'L C-O < / I .' , \ /.:,., " .I, " .~' '. ~ .. '. ': 7T! 5.3 ..:- DATE: 11/01194 EDEN PRAIRIE CITY COUNCIL AGENDA Consent Calendar ITEM NO: IV, r SECTION: DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Hartford Place Retail Addition Jeffrey Johnson Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Hartford Place Retail Addition subject to the following conditions: 1. Receipt of engineering fee in the amount of $1,700 2. Revision of plat to include standard drainage and utility easement around perimeter lot lines 3. Removal of a portion of drainage and utility easements over storm sewer not intended to be publicly owned 4. The requirements of the Developer's Agreement Overview: This proposal is the retail portion of the Hartford Place Development proposed by Ryan Construction Company. The plat consists of 17 acres to be divided into three (3) lots to be developed into a commercial retail center. The preliminary plat was approved September 20, 1994. Second Reading of the Rezoning Ordinance and approval of the Developer's Agreement is scheduled for the November 1, 1994 City Council meeting. cc: Rachael Harris, Ryan Construction Company Westwood Professional Services RLK Associates Item No. I V, r, I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF HARTFORD PLACE RETAIL ADDmON WHEREAS, the plat of Hartford Place Retail Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Hartford Place Retail Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated October 27, 1994. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on November 1, 1994. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk Item No. 1/1, j, Z HARTFORD PLACE RETAIL ADDITION CRAPHIC :;l ~.-- I ;MIl. 100 .3 2 BUSINESS PARK I P. r. 3 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 11-1-94 SECTION: PUBLIC HEARINGS ITEM NO. -sr. A. . DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger MCDONALD'S PLAYLAND ADDITION Michael D. Franzen Requested Council Action: • Approve Ist reading of an Ordinance for Zoning District Amendment on 1.5 acres and PUD District Review on 1.5 acres; • Adopt a Resolution for PUD Concept Amendment on 1.5 acres. BACKGROUND This is a continued project from the October 4, 1994 City Council meeting. The City Council directed McDonald's to work with City staff on plan changes to make the proposed play structure enclosure more architecturally compatible with the existing McDonald's restaurant. McDonald's has submitted a revised plan which Staff believes meets the direction of the City Council. The photograph enclosed in your packet is a McDonald's store in Maplewood. The Eden Prairie store would be built according to this photograph. Supporting Reports: 1. Resolution for PUD Concept 2. Revised plans :sz:.~ - \ MCOONALDS PLAYLAND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF MCOONALDS PLAYLAND ADDITION FOR MCOONALDS 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 City Planning Commission did conduct a public hearing on the McDonalds Playland Addition by McDonalds and considered their request for approval for development (and waivers) and recommended denial of the requests to the City Council; and, WHEREAS, the City Council did consider the request on November 1, 1994; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1994. 1. McDonalds, 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 revised dated October 27, 1994. ADOPTED by the City Council of the City of Eden Prairie this 1st day of November, Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk Exhibit A Legal Description McDonald's Playland Addition Lot 2, Block 1, Eden Prairie Center 7th Addition ""Q:". ~ • -3 DATE: 11101194 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: fublic Hearing ITEM NO: J/. If DEPARTMENT: ITEM DESCRIPTION: Engineering Division Special Assessment Hearing for the Approval of the 1994 Special Jim Richardson Assessments (published 09/28/94) Recommended Action: Approval of all Special Assessments presented in the Fall of 1994. Item No. /I. e. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objectives in the proposed assessments for the following improvements to wit: (See Exhibit A attached) NOW, TIlEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie: 1. Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is· hereby found to be benefitted by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, commencing January 1, 1995. No interest shall be charged if the entire assessment is paid on or before November 30, 1994. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 1995. 4. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearings as provided for the assessments being made, upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. 5. The assessment data of Resolution No. 94-144 is herein revised in accordance with Exhibit A attached hereto. APPROVED on November 1, 1994. Douglas B. Tenpas, Mayor ATIEST: SEAL John D. Frane, Clerk 1. I.C. 93-5320 Street & Utility Improvements Riverview Heights Addition Project Cost: City Share: 5 % Deposit & Interest: Net Assessment: Platted Lots $ 28,278.90ILot 5 Years at 7.5 % ParceIPID# Property Owner Legal Description Deferred $Amount 35-116-22-13~5 L3, Bl 35-116-22-13~6 Ll, Bl 35-116-22-13~7 LS, Bl 35-116-22-13~8 L6,B2 35-116-22-13~9 L7,B2 35-116-22-13~70 L8, B2 35-116-22-14~8 L6,Bl 35-116-22-14~9 L7, Bl 3S-116-22-14~SO Lt, B2 3S-116-22-14~51 L2,B2 35-116-22-14~53 L4,B2 35-116-22-14~54 LS,B2 1/.11.3 1999 $Amount S 351,116.62 S 0 $ 11,769.77 S 339,346.85 1994 SAmount 28,278.90 28,278.90 28,278.90 28,278.90 28,278.90 28,278.90 28,278.90 28,278.90 28,278.90 28,278.90 28,278.90 28,278.95 · SUPPLEMENTALS I.C.# Years Interest 1994 Amount Trunk Sewer and Water 01-116-22-23-0002 Interstate Diesel 5 7.5 4,292.42 02-116-22-11~17 Interstate Diesel 5 7.5 6,547.53 02-116-22-14-0003 Interstate Diesel 5 7.5 11,740.40 02-116-22-14-0005 Interstate Diesel 5 7.5 1,003.50 02-116-22-14-0009 Interstate Diesel 5 7.5 3,159.98 02-116-22-14~10 Interstate Diesel 5 7.5 8,395.17 07-116-22-43-0004 Summerfield 5 7.5 84,640.50 18-116-22-11-0002 Kinney Addition 5 7.5 7,229.50 18-116-22-23~21 Windfield 5&6 5 7.5 95,760.00 18-116-22-41-0003 Hawthorne 5 7.5 122,562.13 18-116-22-42~1 Hawthorne 5 7.5 57,345.77 18-116-22-42-0003 Hawthorne 5 7.5 26-,669.10 21-116-22-41~36 Joyland 5 7.5 6,426.00 23-116-22-33~17 Crk Vw Acres 1 5 7.5 8,647.00 25-116-22-12-0001 5 7.5 520.00 25-115-22-32~10 Pioneer Trail 5 7.5 9,040.50 Trunk Sewer and Water 19-116-22-11-0003 Bearpath 5 7.5 5,003.64 19-116-22-11-0004 Bearpath 5 7.5 7,666.36 19-116-22-11-0005 Bearpath 5 7.5 5,449.02 19-116-22-11~ Bearpath 5 7.5 5,660.79 19-116-22-11-0007 Beatpath 5 7.5 6,164.21 19-116-22-11-0008 Bearpath 5 7.5 5,183.16 19-116-22-11-0009 Bearpath 5 7.5 5,185.24 19-116-22-11~10 Bearpath 5 7.5 5,377.87 19-116-22-11~11 Beatpath 5 7.5 5,104.53 19-116-22-11~12 Bearpath 5 7.5 5,800.58 19-116-22-11~13 Bearpath 5 7.5 3,929.81 19-116-22-11~14 Bearpath 5 7.5 4,911.48 19-116-22-11~15 Bearpath 5 7.5 4,285.32 19-116-22-11~16 Bearpath 5 7.5 5,239.54 19-116-22-11~17 Bearpath 5 7.5 5,745.87 19-116-22-11~18 Bearpath 5 7.5 5,677.22 19-116-22-11~19 Bearpath 5 7.5 4,018.43 19-116-22-11~20 Bearpath 5 7.5 5,038.58 JI, 4~-I · SUPPLEMENTALS I.C.# Years Interest 1994 Amount 19-116-22-12~2 Bearpath 5 7.5 7.925.15 19-116-22-12~3 Bearpath 5 7.5 4.999.06 19-116-22-12~ Bearpath 5 7.5 4.795.61 19-116-22-12~5 Bearpath 5 7.5 4.290.52 19-116-22-12~ Bearpath 5 7.5 4.290.52 19-116-22-12~7 Bearpath 5 7.5 4.901.70 19-116-22-12~8 Bearpath 5 7.5 5,066.46 19-116-22-12~ Bearpath 5 7.5 4,402.65 19-116-22-12-0010 Bearpath 5 7.5 4.805.39 19-116-22-12-0011 B~ath 5 7.5 6.104.51 19-116-22-12-0012 Bearpath 5 7.5 4.406.81 19-116-22-12-0013 Bearpath 5 7.5 3.591.10 19-116-22-12-0014 Bearpath 5 7.5 5,101.82 19-116-22-12-0015 Bearpath 5 7.5 5,649.76 19-116-22-12-0016 Bearpath 5 7.5 5,353.33 19-116-22-12-0017 Bearpath 5 7.5 5.076.03 19-116-22-12-0020 Bearpath 2nd 5 7.5 394,695.00 19-116-22-14-0002 Bea~ath Trail 5 7.5 43.407.00 19-116-22-14~ Bearpath 5 7.5 7.746.04 19-116-22-14-0005 Bearpath 5 7.5 7,661.79 19-116-22-14-0006 Bearpath 5 7.5 5.793.51 19-116-22-14-0007 Bearpath 5 7.5 5.297.37 19-116-22-14~8 Bearpath 5 7.5 5.175.05 19-116-22-41-0002 1!t:arpath 5 7.5 2,506.71 19-116-22-41-0003 Bearpath 5 7.5 2,601.57 19-116-22-41~ Bearpath 5 7.5 2,172.62 19-116-22-41~5 Bearpath 5 7.5 2,510.66 19-116-22-41-0006 Bearpath 5 7.5 2.430.78 19-116-22-41-0007 Bearpath 5 7.5 2.993.07 19-116-22-41-0008 Bearpath 5 7.5 2.626.11 19-116-22-41-0009 Bearpath 5 7.5 2.496.31 19-116-22-41-0010 Bearpath 5 7.5 2.184.27 19-116-22-41-0011 Bearpath 5 7.5 2.994.32 19-116-22-41-0012 Bearpath 5 7.5 3,145.97 19-116-22-41-0013 Bearpath 5 7.5 2.283.50 19-116-22-41-0014 Bearpath 5 7.5 2.260.20 19-116-22-41-0015 Bearpath 5 7.5 2.229.82 V. 8, ~ · SUPPLEMENTALS I.C.# Years Interest 1994 Amount 19-116-22-41~16 Bearpath 5 7.5 2,199.45 19-116-22-41~17 Bearpath 5 7.5 2,337.37 19-116-22-41~18 Bearpath 5 7.5 2,374.40 19-116-22-41~19 Bearpath 5 7.5 2,359.22 19-116-22-41~20 Bearpath 5 7.5 2,540.61 19-116-22-41~21 Bearpath 5 7.5 2,704.75 19-116-22-41~22 Bearpath 5 7.5 2,350.27 19-116-22-41-0023 Bearpath 5 7.5 3,249.15 19-116-22-41-0026 Bearpath 5 7.5 4,352.72 19-116-22-41~27 Bearpath 5 7.5 3,804.79 19-116-22-41~28 Bearpath 5 7.5 3,952.07 19-116-22-41-0029 Bearpath 5 7.5 4,099.35 19-116-22-41~30 Bearpath 5 7.5 6,177.11 19-116-22-43-0004 Bearpath 5 7.5 3,054.85 19-116-22-43-0006 Bearpath Twnhms 5 7.5 19,435.50 19-116-22-44~28 Bearpath 5 7.5 4,661.85 19-116-22-44-0029 Bearpath 5 7.5 5,575.91 19-116-22~31 Bearpath 5 7.5 3,113.31 19-116-22-44~32 Bearpath 5 7.5 3,113.32 19-116-22-44-0007 Bearpath 5 7.5 2,183.44 19-116-22-44-0008 Bearpath 5 7.5 2,184.27 19-116-22-44-0009 Bearpath 5 7.5 2,184.27 19-116-22-44~10 Bearpath 5 7.5 2,184.27 19-116-22-44~11 Bearpath 5 7.5 2,184.27 19-116-22-44~12 Bearpath 5 7.5 2,184.27 19-116-22-44~13 Bearpath 5 7.5 2,199.87 19-116-22-44~14 Bearpath 5 7.5 2,290.15 19-116-22-44~15 Bearpath 5 7.5 2,292.23 19-116-22-44~16 Bearpath 5 7.5 2,203.82 19-116-22-44~17 Bearpath 5 7.5 2,204.24 19-116-22-44~18 Bearpath 5 7.5 2,623.62 19-116-22-44~19 Bearpath 5 7.5 3,209.42 19-116-22-44~20 Bearpath 5 7.5 2,402.69 19-116-22-44~21 Bearpath 5 7.5 2,970.40 19-116-22-44~22 Bearpath 5 7.5 4,141.79 19-116-22-44~23 Bearpath 5 7.5 2,600.11 19-116-22-44~24 Bearpath 5 7.5 2,354.02 v./J. " SUPPLEMENTAU , . r~ I.C.# Years Interest 19M.AJa.t· , 19-116-22-44-O(Y.ZS Bearpath 5 1.S .,..60 19-116-22-44-0026 Bearpath 5 7.S ... .51, TI1IIIk Sewer aad Wafa:' 12-116-22-22-0009 Sum on Bry1llllt Lk 5 1.5 U29_86< 12-116-22-22~10 Sum on Bryant Lk 5 7.5 1.I2fJ~86' 12-116-22-22~11 Sum on Bryant Lk 5 7.5 U».86·-; ]2-1J6-22-22~I2 Sum on _Bryant Lk 5 7.5 UlP.86. 12~JJ6-22-22~13 Sum on Bryant Lk 5 7.5 ~.86 12-116-22-22~14 Sum on Bryant Lk 5 1.S U79.86, 12-II6-22-22~I.s Sum 011 Bryant Lk 5 7.5 ~825t.86; 12-116-22-22~16 Sum OR Bryant Lk 5 7.5 U29.86; 12-116-22-22-0017 Sum 011 Bryant Lk 5 7.5 .819.86~ 12-1l6-22-22-OO18 Sum 011 Bryant Lk 5 1.5 V'l9.86' 12-116-22-22~19 Sum 011 Bryant Lk 5 7.5 UZ9.86} 12-116-22-22~ Sum 011 Bryant Lk 5 7.5 U29.86. 12-116-22-22-0021 Sum 011 Bryant Lk 5 1.5 ,,829.86' 1 12-116-22-22~ Sum 011 Bryant Lk 5 7.5 1.829.86 , 12-1 16-22-22-CJ023 Sum on Bryant Lk 5 7.5 ~829.86,· ( 12-116-22-22-0024 Sum 011 Bryant Lk 5 7.5 1..829.86. 12-116-22-22-0025 Sum 011 Bryant Lk 5 7.5 "829.86 12-116-22-22-0026 Sum 011 Bryant Lk 5 7.5 1.J29.86';. 12-116-22~22-0027 Sum OIl Bryant Lk 5 7.S 1JJ29.86:: 12-116-22-22-0028 Sum on Bryant Lk 5 7.5 '829.86j 12-116-22-22~ Sum on Bryant Lk 5 7.5 1.829~86, 12-116-22-22-0030 Sum on1!ryant Lk 5 7.5 ~829.94~ T ...... Sewer and Wiater 20-116-22-23-0003 Dellwood Estates 17 1.5 1,2t2.08 2O-1I6-22-23~ Dellwood E.sI.ates 17 7.5 '212-08; 20-116-22-23-0005 Dellwood &Iates 17 7.5 U{2;OB; 20-116-22-23-0006 Dellwood Etaafa. 17 1.5 '2l2.0& 20-116-22-23-0007 Dellwood Estda, 17 7.5 U12.08: 20-116-22-23-0008 Dellwood Estala 17 7.5 I.Zta.08: 20-116-22-23-0009 Dellwood Estates 17 7.5 1.)12;08 - 20-116-22-23~10 Dellwood Estates 17 7.5 1.2:12.0&; 20-116-22-23-0011 Dellwood Estates 17 7.5 Ul2.08. 20-116-22-23-0012 Dellwood Estates 17 7.5 un·OS 1/,$. ? · SUPPLEMENTALS I.C.# Years Interest 1994 Amount 20-116-22-23~13 Dellwood Estates 17 7.5 1,212.08 2~116-22-23~14 Dellwood Estates 17 7.5 1,212.08 2~116-22-23~IS Dellwood Estates 17 7.5 1,212.08 2~116-22-23~16 Dellwood Estates 17 7.5 1,212.08 2~116-22-23~17 Dellwood Estates 17 7.S 1,212.08 2~116-22-23~19 Dellwood Estates 17 7.S 1,212.08 20-116-22-23~20 Dellwood Estates 17 7.5 1,212.08 20-1l6-22-23~1 Dellwood Estates 17 7.S 1,212.08 20-116-22-23~22 Dellwood Estates 17 7.5 1,212.08 20-116-22-23~23 Dellwood Estates 17 7.S 1,212.08 20-116-22-23~26 Dellwood Estates 17 7.S -< 1,212.08 20-116-22-23~7 Dellwood Estates 17 7.S 1,212.08 20-116-22-23~28 Dellwood Estates 17 7.S 1,212.08 20-116-22-23~29 Dellwood Estates 17 7.5 1,212.08 20-116-22-23~30 Dellwood Estates 17 7.S 1,212.08 20-116-22-23~31 Dellwood Estates 17 7.S 1,212.08 20-116-22-24~3 Dellwood Estates 17 7.S 1,212.08 20-116-22-24~4 Dellwood Estates 17 7.S 1,212.08 20-116-22-32-0006 Dellwood Estates 17 7.S 1,212.08 20-116-22-32-0007 Dellwood Estates 17 7.S 1,212.08 I 20-116-22-32-0008 Dellwood Estates 17 7.S 1,212.08 20-116-22-32~10 Dellwood Estates 17 7.S 1,212.08 20-116-22-32~13 Dellwood Estates 17 7.5 1,212.08 20-116-22-32-0014 Dellwood Estates 17 7.S 1,212.08 20-116-22-32-0016 Dellwood Estates 17 7.S 1,029.13 20-116-22-32-0017 Dellwood Estates 17 7.S 1,029.13 20-116-22-32-0018 Dellwood Estates 17 7.S 1,029.13 20-116-22-32-0019 Dellwood Estates 17 7.S 1,029.13 2~116-22-32-OO21 Dellwood Estates 17 7.S 1,029.13 20-116-22-32~22 Dellwood Estates 17 7.S 1,029.13 20-116-22-32~24 Dellwood Estates 17 7.S 1,029.13 20-116-22-32~ Dellwood Estates 17 7.S 1,029.13 2~116-22-32-OO26 Dellwood Estates 17 7.5 1,029.13 20-116-22-32-0027 Dellwood Estates 17 7.S 1,029.13 20-116-22-32~28 Dellwood Estates 17 7.S 1,029.13 20-116-22-32-0029 Dellwood Estates 17 7.S 1,029.13 20-116-22-32-0030 Dellwood Estates 17 7.S 1,029.13 · SUPPLEMENTALS I.C.# Years Interest 1994 Amount 20-116-22-32-0031 Dellwood Estates 17 7.5 1,029.13 20-116-22-32-0032 Dellwood Estates 17 7.5 1,029.13 20-116-22-32-0033 Dellwood Estates 17 7.5 1,029.13 20-116-22-32-0034 Dellwood Estates 17 7.5 1,029.13 20-116-22-32-0036 Dellwood Estates 17 7.5 1,212.08 20-116-22-32-0037 Dellwood Estates 17 7.5 1,212.08 20-116-22-32-0038 Dellwood Estates 17 7.5 1,212.08 20-116-22-32-0039 Dellwood Estates 17 7.5 1,212.08 20-116-22-32-0040 Dellwood Estates 17 7.5 1,212.08 20-116-22-32-0041 Dellwood Estates 17 7.5 1,212.08 20-116-22-32-0042 Dellwood Estates 17 7.5 1,212.08 20-116-22-32-0043 Dellwood Estates 17 7.5 1,212.08 20-116-22-32~ Dellwood Estates 17 7.5 1,212.08 20-116-22-32-0045 Dellwood Estates 17 7.5 1,212.08 20-116-22-32-0047 Dellwood Estates 17 7.5 1,212.08 20-116-22-32-0048 Dellwood Estates 17 7.5 1,212.08 20-116-22-32-0049 Dellwood Estates 17 7.5 106,511.78 20-116-22-33~8 Dellwood Estates 17 7.5 1,029.13 20-116-22-33~ Dellwood Estates 17 7.5 1,029.13 20-116-22-33-0010 Dellwood Estates 17 7.5 1,029.13 20-116-22-33-0011 Dellwood Estates 17 7.5 1,029.13 20-116-22-33-0012 Dellwood Estates 17 7.5 1,029.13 20-116-22-33-0013 Dellwood Estates 17 7.5 1,029.13 20-116-22-33-0014 Dellwood Estates 17 7.5 1,029.13 20-116-22-33-0015 Dellwood Estates 17 7.5 1,029.13 20-116-22-33-0016 Dellwood Estates 17 7.5 1,029.13 20-116-22-33-0017 Dellwood Estates 17 7.5 1,029.13 20-116-22-33-0018 Dellwood Estates 17 7.5 1,029.13 20-116-22-33-0019 Dellwood Estates 17 7.5 1,029.13 20-116-22-33-0020 Dellwood Estates 17 7.5 1,029.13 20-116-22-33-0021 Dellwood Estates 17 7.5 1,029.13 20-116-22-33-0022 Dellwood Estates 17 7.5 1,029.90 Trunk Sewer and Water Exclusion I.C. 52-132 14-116-22-34~ 15 8.5 520.00 14-116-22-43~2 15 8.5 520.00 14-116-22-43~ 15 8.5 520.00 SUPPLEMENTALS 14-116-22-43~5 Trunk Sewer and Water Exclusion I.C. 52-147 17-116-22-43~ 17-116-22~~2 17-116-22~~3 17-1 6-22~-0009 17-116-22~~13 20-116-22-11~3 20-116-22-11~ 21-1 21-1 6-22-32~3 21-116-22-32~ 21-116-22-43~18 Trunk Exclusion I.C.52-203 21-116-22-43~12 Trunk Exclusion I.C.52-166 21-116-22-22~53 Lateral Exclusion I.C.52-205 21-1l6-22-31~72 21-116-22-31~73 21-116-22-31~77 Trunks I.C.52-088 21-1l6-22-31~75 Lateral Exclusion I.C. 52-203 21-116-22-42~ 20-116-22-11~5 21-116-22-22~S3 15 15 15 15 15 15 15 15 15 15 15 15 __ 17 17 17 17 17 20 17 17 17 Interest 1994 8.5 520.00 8.5 220.00 8.5 220.00 8.5 220.00 8.5 220.00 8.5 220.00 8.5 220.00 8.5 220.00 8.5 220.00 8.5 520.00 8.5 220.00 8.5 220.00 8.0 520.00 8.0 520.00 8.0 1 766.28 8.0 1 766.28 8.0 5,298.84 1,858.50 8.0 8.0 8.0 . J(. I" SUPPLEMENTALS Lateral Exclusion I.C.52-144 36-116-22-14~ Lateral Sewer and Water Exclusion I.C. 52-147 17-116-22-43~2 17-11 ,,-??...d..d.-OOO?. 17-116-22-44~3 17-116-22-44~ 17-116-22-44~12 17-116-22-44~13 2~116-22-11~3 20-116-22-11~ 20-116-22-11-0005 20-116-22-11~ 20-116-22-11~11 20-116-22-41-0001 21-116-22-23-0003 21-11 f .,., "".nnn1 21-116-22-32-0004 21-116-22-43~17 21-116-22-43~18 Lateral Sewer and Water Exclusion I.C. 52-194 36-116-22-13~18 Lateral Sewer and Water Exclusion I.C. 52-212 21-116-22-23~28 Connection Fees 21-116-22-31~75 21-116-22-31~78 Tax Forfeiture 07-116-22-21~36 I.C.# Years 16 15 15 15 15 15 15 IS 15 15 15 15 IS IS 15 IS IS 15 19 17 20 20 20 20 Interest 199~Amount 8.5 4,234.00 8.5 2,194.72 8.5 2,856.92 8.5 2,932.60 8.5 3,311.00 8.S 3,311.00 8.S 3,311.00 8.S 2,667.72 8.5 ? M??O 8.5 2,043.36 8.5 8.5 8.S 3,311.00 8.S 8.~ 3,311.00 8.5 2,838.00 8.S 2,136.03 8.5 7.S 8.0 7,Q7~4! 7.5 7,MIlI no 7.5 7.40CUlQ 8.0 19,000.00 ... SUPPLEMENTALS Lateral Sewer and Water Deferred I. C. 52-205 21-116-22-31-0072 21-116-22-31-0073 PID YRS INT. Lateral Sewer and Water Exclusion I.C. 52-132 14-116-22-34~ 15 8.5 14-116-22-43-0002 15 8.5 14-116-22-43-0004 15 8.5 14-116-22-43-0005 15 8.5 0% interest until developed Years 17 8.0 17 8.0 1994 DEFERRED· AMOUNT 3417.42 342.06 3,886.12 12,338.50 16,224.62 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 11/1/94 SECTION: PUBLIC HEARINGS ITEM NO. Y. c..., DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger CITY WEST ACRES/CENTRON DPL COMPANY Michael D. Franzen Requested Council Action: The City Council is requested to take action on the following: • Approve 1 st reading of an Ordinance for Zoning District Amendment and PUD District Review in the 1-2 Park Zoning District on 12.4 acres; • Adopt a Resolution for PUD Concept on 12.4 acres; • Adopt a Resolution for Preliminary Plat on 12.04 acres. BackKround The City WestiCentron DPL project was reviewed by the Planning Commission on the September 26, 1994 meeting. The Planning Commission voted unanimously to approve the project as submitted. Supporting Reports: 1. Staff Report dated 10-7-94 and 9-23-94 2. Resolution for Comprehensive Guide Plan Change 3. Resolution for Preliminary Plat 3. Correspondence 4. Minutes from 9-26-94 and 10-10-94 Meeting Y.C. - \ CITY WEST ACRES/CENTRON DPL COMPANY CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF CITY WEST ACRES/CENTRON DPL COMPANY FOR RYAN CONSTRUCTION COMPANY 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 City Planning Commission did conduct a public hearing on the City West Acres PUD Concept by Ryan Construction Company and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and, WHEREAS, the City Council did consider the request on November 1, 1994; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1994. 1. City West Acres/Centron DPL Company, 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 dated October 12, 1994. 3. That the PUD Concept meets the recommendations of the Planning Commission dated September 26, 1994. ADOPTED by the City Council of the City of Eden Prairie this lst day of November, Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk Exhibit A Legal Description Lots 2 and 3, Block 1, City West Business Center, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. -sr.L.. -3 CITY WEST ACRES/CENTRON DPL COMPANY CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF CITY WEST ACRES/CENTRON DPL COMPANY FOR RYAN CONSTRUCTION COMPANY OF MINNESOTA BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of City West Acres/Centron DPL Company for Ryan Construction Company of Minnesota dated October 12, 1994, consisting of 12.04 acres, 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 1st day of November, 1994. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk -sL.C,. -L\ Approv(cQ M; ",\1A...t-c. ~ Ed,~", rrcr..it'i~ P\~t\"':J Co"", S.ft '2.(..,/ ':'t c.( F. CITY WEST ACRES/CENTRON DPL COMPANY by Ryan Construction Company of Minnesota. Request for PUD Concept Review on 12.4 acres, PUD District Review on 12.4 acres, Zoning District Amendment in the 1-2 Park Zoning District on 12.4 acres, Preliminary Plat of 12.4 acres into two lots and Site Plan Review on 5.2 acres. Location: City West Parkway, North of City West Business Center. \ , Franzen stated there have been 4 projects already approved on this site. He said this is a project that is part of a PUD that has specific requirements in terms of landscaping, brick requirements and screening. He said they are splitting it up into 2 separate projects. He said the developers are prepared with a presentation if the Planning Commission feels it necessary. The Planning Commission declined the developer's presentation as they felt it was not necessary. Franzen stated page 4 of the Staff Report lists all recommendations of Staff. MOTION 1: Bauer moved, seconded by Foote, to close the public hearing. Motion carried 6-0-0. MOTION 2: Bauer moved, seconded by Foote, to recommend to the City Council approval of the request of Ryan Construction Company of Minnesota for PUD Concept Review on 12.4 acres, based on plans dated September 23, 1994, and subject to the recommendations of the Staff Report dated September 23, 1994. Motion carried 6-0-0. MOTION 3: Bauer moved, seconded by Foote, to recommend to the City Council approval of the request of Ryan Construction Company of Minnesota for PUD District Review on 12.4 acres, based on plans dated September 23, 1994, and subject to the recommendations of the Staff Report dated September 23, 1994. Motion carried 6-0-0. MOTION 4: Bauer moved, seconded by Foote, to recommend to the City Council approval of the request of Ryan Construction Company of Minnesota for Zoning District Amendment in the 1-2 Park Zoning District on 12.4 acres, based on plans dated September 23, 1994, and subject to the recommendations of the Staff Report dated September 23, 1994. Motion carried 6-0-0. MOTION 5: ,Bauer moved, seconded by Foote, to recommend to the City Council approval of the request of Ryan Construction Company of Minnesota . for Site Plan Review on 5.2 acres, based on plans dated September 23, 1994, and subject to the recommendations of the Staff Report dated September 23, 1994. Motion carried 6-0-0. MOTION 6: Bauer moved, seconded by Foote, to recommend to the City Council approval of the request of Ryan Construction Company of Minnesota for Preliminary Plat on 12.4 acres, based on plans dated September 23, 1994, and subject to the recommendations of the Staff Report dated September 23, 1994. Motion carried 6-0-0. --y .c.. -5' STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT: FEE OWNER: LOCATION: REQUEST: Planning Commission Michael D. Franzen, Senior Planner September 23, 1994 CITY WEST ACRES/CENTRON DPL COMPANY Ryan Companies Northwestern National Life Insurance Company City West Parkway, North of City West Business Center 1. PUD Concept Review on 12.4 acres. 2. PUD District Review on 12.4 acres. 3. Zoning District Amendment in the 1-2 Park Zoning District on 12.4 acres. 4. Site Plan Review on 5.2 acres. 5. Preliminary Plat of 12.4 acres into two lots. ,..;,... , .. \:;'~ .).v ,' .. ,..... ...,-..... ~ " ! : :":-S:J'.: Pte I~::·· ,,·e:". W. f '. ·z ra ")ild 0 -.0" , 1-~ 'lit 70 TH ST. " I' Staff Report City West Acres/Centron DPL Company September 23, 1994 BACKGROUND In 1982, the City West Planned Unit Development showed this site for 240,000 sq. ft. of Office in 3to 5 story buildings. In 1985, the Planned Unit Development was amended by Ryan Companies for two buildings totalling 161,000 sq. ft. of office/warehouse/showroom. In 1989, the Planned Unit Development was amended by Steve Hoyt for two office/warehouse/showroom buildings totalling 160,800 sq. ft. This site is currently guided Office and zoned 1-2 Park. PRELIMINARY PLAT The preliminary plat depicts the subdivision of 12.46 acres into 2 lots. Proposed Lot 1 is 5.2 acres and proposed Lot 2 is 7.2 acres. Both lots meet the minimum lot size requirements in the 1-2 Park Zoning District. SITE PLAN The site plan depicts a 60,000 sq. ft. building on 5.2 acres at a base area ratio of .26. The maximum base area ratio for a single story building on the 1-2 Park Zoning District is .30. The 60,000 sq. ft. building would be constructed in two phases. Phase I is 40,000 sq. ft. and Phase II expansion is 20,000 sq. ft. The front setback requirement in the 1-2 Park Zoning District is 50 feet from City West Parkway. The building meets this requirement. The parking setback is 50 feet from City West Parkway. The developer is requesting a planned unit development waiver to 35 feet. This waiver was granted with the last two proposals for industrial use on the property and is consistent with the 35 foot setback along City West Parkway throughout the planned unit development. The site plan could be redesigned to meet the 50 foot front yard setback, but would result in the loss of significant trees on the property. Staff supports the front yard setback waiver to parking from 50 to 35 feet. The amount of parking required for this building is 165 parking spaces. The site plan shows 183 parking spaces. There are two driveways proposed on City West Parkway. Since City West Parkway has a median, the southerly driveway is right-in, right-out only. The northerly driveway would have full intersection access, but would require the closing of an existing median cut and relocation to the north. This has been approved by the Engineering Department. Staff Report City West Acres/Centron DPL Company September 23, 1994 GRADING This site was initially graded in 1981 with the approval of the PUD grading plan. There is a total of 143 caliper inches of significant trees on the property. One 42" Cottonwood tree would be removed for a tree loss of 29 %. Tree replacement would be 16 caliper inches. UTILITIES/DRAINAGE Sewer and water service is available in City West Parkway. A storm water pretreatment pond (NURP) is provided in the western portion of the property to treat storm water leaving this site before discharge into the wetland. LANDSCAPING The landscaping requirement is based upon a caliper inch requirement according to the building square footage, screening of parking and loading areas from City West Parkway, tree replacement, and screening of the loading area from the Office buildings to the south. The landscaping requirement for tree replacement and building square footage is based upon a mathematical formula and the requirement is 266 caliper inches. The landscape plan meets this requirement caliper inches. The 35 foot setback is narrow and makes screening of parking difficult even with a berm. To better screen the parking 'area, a double row of shrubs is needed. This would be consistent with past approvals. The building screens the loading area from City West Parkway. The approved site plan depicted loading areas completely surrounded by office. The proposed plan has a loading area facing the office portion of the industrially zoned buildings to the south. To screen to this view, 12 foot high conifer trees are added to supplement the existing conifer trees on the property to the south. The amount of hard surface area has been reduced by adding large planting islands. Much of the screening solution is Phase II. Staff would recommend that the planting islands within the Phase II parking area and the trees along the common property line in Phase II be planted concurrent with Phase 1. ARCHITECTURE This site was originally approved for art office building to be constructed out of 75 % face brick, glass or stone. With the subsequent amendments to the PUD to allow an industrial use in an office guided area, the City required that the buildings meet the exterior material requirements for the Office Zoning District. This approach is similar to the Viro-Med building the Planning Commission reviewed last year for an industrial building in an Office guided area. That building was constructed of 75 % face brick and glass. The building architecture for Centron is 75 % face brick and glass. Most of the brick and glass is around the east and north sides of the building which face City West Parkway. The loading is constructed out of rock face block. ~ -rr.c.-9 I I Staff Report City West Acres/Centron DPL Company September 23, 1994 No mechanical equipment screening plan has been submitted. These units must be screened on all sides with a metal panel of a color integral to the building as required by City code. SIDEWALKS There is an existing 5 foot wide concrete sidewalk along the west side of City West Parkway. There should be an internal sidewalk connection from this sidewalk to the proposed building. LIGHTING Parking lot lighting will be 30 foot high downcast (shoebox) lighting consistent with the lighting standards in all of City West. STAFF RECOMMENDATIONS The Community Development Staff would recommend approval of the project based on the plans dated September 23, 1994, subject to the recommendations of the Staff Report dated September 23, 1994 and subject to the following conditions: 1. Prior to City Council review the proponent shall: A. Revise the landscape plan for additional shrub plants. B. Submit a mechanical equipment screening plan to City code. 2. Prior to final plat approval, proponent shall: A. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer. B. Submit detailed storm water runoff, utility and erosion control plans for review by the Watershed District. 3. Prior to building permit issuance, proponent shall: A. Meet with the Fire Marshal to go over fire code requirements. B. Pay the appropriate cash park fee. C. Submit samples of exterior building materials for review. -sr .c... -Ie Ryan Companies -;-O(J IlIt,· .... "tioll,,1 C"ntn' l)O(J Sf'contl .\\{·llIIt· SOJlth \1 illllt·apolis. \1:\ .5.'5 .. 02-:3:31;-;- 612/:3:36-!2(JO phollt' fi 1:21:3;3-;--.5.'5.5:2 h, October 19, 1994 Mr. Carl Jullie City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-2230 RE: CENTRONDPLCO~ANY GRADING PERMIT Dear Carl: ~YAN Buildill{!. Lll.~tin{!. Relatioll.~hips Over the last 90 days, Ryan Companies, Centron DPL Company and the City staff have worked closely to prepare a submittal package for the development of Centron's new corporate headquarters facility in City West Business Center. We have received approval and support from the Planning Commission and were scheduled for the City Council reading on October 18, 1994. Unfortunately, as you know, the meeting has been canceled. As part of the reading on the 18th, we had requested an early grading start so that we could commence work by October 24, 1994. Our final watershed approval will be received this evening. Because of the late start of this project, we would like to request from you, authorization to begin grading and footing work prior to the first reading of the City Council which is currently scheduled for November 1, 1994. Please feel to contact me if you should have any questions, or Mike Franzen of your staff. I look forward to hearing from you soon. --rt: . c.. --t \ 1.191W\KJIG\b:m191IQQIU)QG'SK Design Bllild Heal Estatt' Dt'vplopnlt'llt Propert\' \lanagenH'llt \ledic:al Bllildings • Wast!' \lanagelllE'nt ------------------------------ Ryan Companies 700 Intprnational Centrp YOO Second .. ht·n lie South ~linlleapolis. :V1N .5.5402-:3:3!'7 fi12/:3:3fi-1200 phOllP fiI2/337-5.5.S2 f'lX October 7, 1994 The Honorable Douglas Tenpas and City Council Members City of Roseville 2660 Civic Center Drive Roseville, MN 55113 RE: CENTRON DPL COMPANY Dear Mayor Tenpas and City Council Members: ~YAN Building Lasting Relatiun.~hips On behalf of Ryan Companies and our client, Centron DPL Company, we are requesting authorization to commence grading on the Centron site located at 6475 City West Parkway, Eden Prairie, Minnesota, prior to the second reading and fInal approval of the project on November 1, 1994. This early start will allow us to avoid some of the winter construction costs and allow Centron earlier occupancy in the spring. We appreciate your support for the project and sincerely hope an early grading permit can be obtained. Thank you in advance for your assistance. Sincerely, Kent M. Carlson Vice President On behalf of Ryan Companies and Centron DPL Company Y .Q.-JL J:\llEV\JQ ICIbTR1941999Ul9c/8K Design Build • Real Estate Development • Property ~1anagement • Medical Buildings • Waste :Vlanagement Ryan Companies 70() Intprnational Cpntrp YO!) Spt:ond Avpnue South ~Iinnpapolis, ~1N ,5.5402-:3:3S7 fiI2/:3:3fi-1200 phonp fi 12/337-.5.5.52 f'LX October 6, 1994 Mr. Mike Franzen City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: CENTRON DPL COMPANY Dear Mike: ~YAN Building Lasting Relation.~hip8 Enclosed please find the proposed letter to include in our submittal package for the Centron project. The letter requests from the Mayor and City Council, authorization to commence grading before the second reading. Please review and make changes or comments as you see fit. I look forward to fmalizing this project and continuing our relationship. Y.c...-\3 J:I9EV\lQIGlbTR19419ClQ4.QgS'SK Dpsign Build Real Estate Development • Property Managempnt • Medical Buildings • Waste Management September 20, 1994 Michael Franzen Senior Planner City of Eden Prairie City Center 8080 Mitchell Road Ivl,nnesota Department of Transpondtion Metropolitan Division Waters Edge Building 1500 West County Road B2 Roseville, Minnesota 55113 Eden Prairie, MN 55344-2230 Dear Michael Franzen: SUBJECT: Preliminary Plat Review City West Acres NW Quadrant of TH 212 & Shady Oak Road Eden Prairie, Hennepin County CS 4570 The Minnesota Department of Transportation (Mn/DOT) has reviewed the City West Acres preliminary plat in compliance with Minnesota Statute 505.03, subd. 2, Plats. We find the plat acceptable for further development. The plat does not adjoin state highway right-of-way. The proposal does not appear to have any significant effect on the state highway system, if you have any questions or if there may be some effect on state right-of-way we are not aware of please contact me at 582-1387. If you have any questions regarding this review please contact me. Sincerely, flr wt ~uJJttn Cyrus Knutson Transportation Planner cc: Les Weigelt, Hennepin County An Equal Opportunity Employer PHONE NO. ~ STATE OF ~~[§~©lJ~ DEPARTMENT METRO WATERS -1200 772-7910 OF NATURAL RESOURCES WARNER ROAD, ST. PAUL, MN 55106 FILE NO. September 12, 1994 Mr. Michael Franzen city of Eden Prairie community Planning Department SOSO Mitchell Road Eden Prairie, MN 55344 RE: CITY WEST ACRES, PUBLIC WATER WETLAND 27-S12W, CITY OF EDEN PRAIRIE, HENNEPIN COUNTY Dear Mr. Franzen: We have reviewed the site plans (received September 7, 1994) for the above-referenced project (SW1/4, section 1, Tl16N, R22W) and have the following comments to offer: 1. The site does not appear to be within a shoreland district. 2. Public Waters Wetland 27-S12W appears to be on the proposed site. Any activity below the ordinary high water (OHW) elevation, which alters the course, current or cross-section of Public Waters Wetlands, is under the jurisdiction of the DNR and may require a DNR permit. No official OHW has been established for Public Waters Wetland 27-S12W. Please contact this office if there is any question about whether proposed activities will be within Public Waters Wetland 27-S12W and we can make arrangements to estimate or officially determine, if necessary, the OHW. 3. 4. 5. You should be aware that your project may be subject to federal and local wetland regulations. The Department may provide additional comments on your proj ect through our review of applications submitted under these other regulatory programs. It appears that most of the stormwater is routed through settling basins, which is good. We would obj ect to having the stormwater routed directly to Public Water Wetland 27-S12W. A portion of the project site is located within the 100-year floodplain of Public Waters Wetland 27-S12W. All the work that is done for this proj ect must comply with applicable floodplain regulations of both the city and the Nine Mile Creek Watershed District. Public Waters Wetland 27-S12W should be labelled as such in future plans or plats and the OHW, if available, should be noted. ""If.C. -\S- AN EQUAL OPPORTUNITY EMPLOYER Mr. Michael Franzen September 12, 1994 Page 2 6. The following comments are general and apply to all proposed developments: a. Appropriate erosion control measures should be taken during the construction period. The Minnesota Construction site Erosion and Sediment Control Planning Handbook (Board of Water & Soil Resources and Association of Metropolitan Soil and Water Conservation Districts) guidelines, or their equivalent, should be followed. b. If construction involves dewatering in excess of 10,000 gallons per day or 1 million gallons per year, the contractor will need to obtain a DNR appropriations permit. You are advised that it typically takes approximately 60 days to process the permit application. c. If construction activities disturb more than five acres of land, the contractor must apply for a stormwater permi t from the Minnesota Pollution Control Agency (Scott Thompson @ 296-7203). d. The comments in this letter address DNR -Division of Waters jurisdictional matters and concerns. These comments should not be construed as DNR support or lack thereof for a particular project. Thank you for the opportunity to comment. Please contact me at 772-7910 should you have any questions regarding these comments. Sincerely, Joe Richter Hydrologist JGR/cds c: Nine Mile Creek WSD, Robert Obermeyer u.S. Army Corps of Engineers, Joe Yanta Wetland 27-812W File Eden Prairie Floodplain File Y.Q.. -ICo EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 11/1/94 SECTION: PUBLIC HEARINGS ITEM NO. -sr. D. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger LAKE EDENVIEW TOWNHOMES Michael D. Franzen Requested Council Action: The City Council is requested to take action on the following: • Approve 1st reading of an Ordinance for Zoning District Change from Rural to RM-6.5 on 2.6 acres; • Adopt a Resolution for Comprehensive Guide Plan Change from Neighborhood Commercial to Medium Density Residential on 1.64 acres; • Adopt a Resolution for Preliminary Plat on 2.6 acres. Back&round The Planning Commission reviewed this project at the September 26, 1994 and October 10, 1994 meetings. At the September 26th meeting, the Planning Commission directed the Developer to revise the plan to move the driveway to the north, plant additional trees as a transition, and fix drainage problems. At the October 10th meeting, the Developer presented revised plans which met the recommendations of the Planning Commission. The Planning Commission voted unanimously to approve the project. Supporting Reports: 1. Staff Report dated 10-7-94 and 9-23-94 2. Resolution for Comprehensive Guide Plan Change 3. Resolution for Preliminary Plat 3. Correspondence 4. Minutes from 9-26-94 and 10-10-94 Meeting -:lL.D,-1 LAKE EDENVIEW TOWNHOMES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 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 Lake Edenview Townhomes by Thompson Land Development requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: 1.64 acres from Neighborhood Commercial to Medium Density Residential and .96 acres from Low Density Residential to Medium Density Residential all located at Franlo Road, south of Prairie Center Drive. ADOPTED by the City Council of the City of Eden Prairie this 1st day of November, 1994. ArrEST: Douglas B. Tenpas, Mayor John D. Frane, City Clerk -sr. D. -2- LAKE EDENVIEW TOWNHOMES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY· PLAT OF LAKE EDENVIEW TOWNHOMES FOR THOMPSON LAND DEVELOPMENT BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Lake Edenview Townhomes for Thompson Land Development dated October 27, 1994, consisting of 2.6 acres, 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 1st day of November, 1994. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk B. LAKE EDENVIEW TOWNHOMES by Thompson Land Development. Request for Comprehensive Guide Plan Change from Neighborhood Commercial to Medium Density Residential on 1.64 acres and from Low Density Residential to Medium Density Residential on .96 acres, Rezoning from Rural to RM-6. 5 on 2. 6 acres., Site Plan Review on 2. 6 acres, and preliminary Plat of 2.6 acres into 8 lots. Location: Franlo Road, south of Prairie Center Drive. Franzen stated that two weeks ago the Planning Commission directed the Staff and the developer to look at some plan revisions. These revisions would provide a better drainage solution along the common property line, and provide some more room for plantings to create a transition from the single family homes. The Commissioners also asked the City Engineering Department to provide some additional information about Franlo Road and the drainage in the area. That information is an attachment to the Staff Report. Franzen introduced Lee Johnson, who is the owner and developer of the project. After his presentation, he will go over the Staff recommendations·. Lee Johnson, owner and developer representing Lake Edenview Townhomes, reviewed his revisions of the project using visual aids. He stated that at the last meeting there were 3 major concerns that he was asked to address. One item was drainage, and fine tuning of the grading and landscaping. Regarding drainage, Johnson stated he calculated the hard surface coverage and it's 35,700 square feet which is 32 percent coverage. In the normal R-13.5 zoning classifications, the hard surface coverage generally runs 33 1/3 percent, so this is about the same coverage that is in the single family subdivision. He said when Eden. Lake was designed, this was considered as Commercial. When you design that to determine the capacity of Eden Lake, you use 80 to 90 percent coverage and the engineers could assume that. The actual coverage is about 1/3 of what it's designed for, as' far as impact on the lake. This parcel size is less than 1 percent of the entire drainage basin. The impact of half the coverage put on this site is going to have no impact on the hydraulics of Eden Lake. 2 -U:-. D. -Y The Engineering Department feels this is a small. run-off, too small to be economically maintained when Eden Lake was constructed for the storage and the NURP pond itself. It's like a NURP pond going into a NURP pond. After it is sodded, there will be very little silt added to this site. The drainage at the property line was another concern. The two property owners are roughly distributing the same amount. Neither property is overburdening the burdened swale on the side. There were no significant changes made to the drainage pattern as far as coverage or anything like that. Regarding fine tuning of the grading, he said they moved the road and it's 30 feet now from the property line. It is also closer to the guard rail. They extended the landing zone on top for the engineering requirements. Now it's 50 feet at 2 percent, rather than 30 feet at 3 percent. They have eliminated all the 2 to 1 slopes on this site. They're all 3 to 1 so there are no variances to be requested by anyone. A berm has been added in a front yard will be about a 5 foot grade change. feet below the pavement, 5 feet below area it's a 3 foot grade change. so that the ground between Cars in that area are 5 the surface, and in this Drainage that went under the road has been eliminated instead of having added a curb all the way down and put in a catch basin. All units have a potential of being 40 feet wide. They determined that 2 units would be restricted to only a 38 foot width because they would gain an additional 4 feet for the (road). The site yard setback is 17 feet where before it was 10 feet. They want to keep the accommodations of keeping a 16 foot setback on the corner of one building. They were restricted to the A type unit rather than the B type unit. The net effect of what they are trying to do is move away from the property line but not move the road because after reviewing this, it's too far in.the hillside and would not work. They have proposed 81 inches of tree replacement which is 5 three inch trees or 5 seven foot conifers, more than what is required by the Code. Regarding the landscaping plan, they have added a 4 foot high fence, the same as in Dellwood. It's a tongue and groove wood fence. It serves as a 100 percent barrier then to any kind of headlights corning from this turning movement in and out of the driveways. The fence would continue until the cars are straight 3 3r.D.-=> and no longer can shine any headlights toward the single family homes. They have also proposed to screen the driveways with 9 nine foot spruce trees, 4 of which are on the berm that are already planted. They put an overscoring of trees along Franlo Road to continue some of that feeling along Franlo Road. There are 4 plantings down in the area to wake up the building mass. They have added maples under this building slope to break up the slope. The general landscaping of trees along the basements will be additional foundation plantings that will go in as part of the house plantings. Kardell asked what the 4 plantings will be that were pointed out, which would be adjacent to the new smaller twinhome building, designed to help break up the mass of that building. Johnson replied they are spruces, 3 inch Summit Ash. He stated that the Staff Report is recommending more trees along there. He said they are already planting 15 inches or 5 trees extra already. He does not know exactly where they should be planted nor does he understand it. He can understand 3 more, but doesn't know where the 6 would go. All the trees here exceed the requirements now. Perhaps they should go down to 1 1/2 inch and he would trade off for the 3, 4 or 5 inch trees. He has 81 inches already which exceeds the required 65 inches, so to add another 24 inches would be doubling the requirements. He does not agree with buffering single family homes from single family homes. He feels it is excessive, totally out of line. Foote asked what his objection is to the trees, if it's just the cost issue. Johnson replied it is the cost. He said it isn't a very big site and 6 more trees is almost another $2,000.00, and that's primarily the reason. Wissner was concerned where the additional 6 trees will be planted, whether it will be in a grouping or scattered about. Johnson said he assumes it is where the 4 will be and Franzen agreed. Franzen stated that Mr. Johnson explained quite well what the changes were in the plan from the last time. The only comment he would have is on the additional landscaping. He stated that the requirements which are transition requirements by ordinance are based .upon the degree of differences in the densities. He said Walgreens on County Road 4 was a commercial building that was 50 feet away from the (Clint) home, and there wasn't any way possible to provide a berm. Therefore, the solution was 12 foot high conifers, 35 or 40 trees that were planted for a transition 4 -sr. o. -'=> in that area . • There is another area in town where the distance was 300 feet apart and nothing was required. Another area, like in Hartford, where they ended up having a berm and a lot of plantings occurred because they have a greater difference in density. The Staff's recommendation here is like a judgement call of what they feel is a reasonable amount trying to balance this between the extremes which might be a Walgreens on one end, versus having a single family next to a single family on the other end. The amount of cost for the landscaping on this project is about 100 inches, roughly about a $10,000.00 budget. So, that's a little more than half percent of the cost of the project. Staff finds this to be a common concern from the developers where they have an ordinance that spells out an actual mathematical way of calculating trees. Staff's recommendation would be to add the additional planting material. If the Planning Commission wants to take a look at the same site lines and view points on this project and reach a different conclusion, Staff would be happy to go along with that as well. Kardell expressed concern about the density of the single family homes down in (Joy). Franzen replied the density is 2 units per acre, and this is a little more than 3 units per acre. RAY HOVELAND, 11924 JOY CIRCLE, stated that he appreciates the changes which he feels are improvements. He expressed concern about what type of fence would be put up. Kardell stated it will be a tongue and groove fence similar to the one in the Dellwood project which is a very attractive fence. Hoveland stated that one of the reasons that this area might need a little more screening is because it's a driveway. The area that is not going to be covered by the fence would be visible. He said he likes the changes. Some of the explanations about the drainage he can understand, but it doesn't answer all the questions they have in the neighborhood about the water prOblems. He does appreciate the Planning Commission looking into that matter. MRS.ENGLUND, 11912 JOY CIRCLE, stated that at the last meeting it was requested that someone from Watershed would corne out and look at the property. She was concerned as to whether or not anyone did corne out and look at it since then. 5 ~.O,-7 Franzen replied no one came out from the Watershed District, just himself and the City Engineer. Englund stated that the developer is calling this single family to single family. She does not consider what is being built to be single family and that's why she agrees with putting up as much of a barrier as what the City is requesting. She said they are going from single family to twinhomes and feels there is a big difference there. Johnson stated that there will be a meeting with Watershed on November 2nd. He said he has met with the representative a number of times and he has been out to the site. He said the representative is intimately familiar with this site. Wissner stated that she likes all the changes that have been made but she is concerned about the trees and how many the City is requesting. She is having a hard time visualizing 6 more trees, believing that it's a lot of trees .. She is very satisfied with the attention given to the drainage issue, and the moving of the driveway. She said the whole plan is so much better now with all the changes made. Foote stated that it's a much better plan now with all the revisions made. He said he was up there walking around and thinks the drainage is going to work fairly well. Regarding the trees, it seems to him that more is better. If they can put more in there, he doesn't see it as a big economic concern when you consider the size of the project. $2,000.00 ~sn't going to make or break it. Schlampp referred to the Staff Report where it states that the revised landscape plan currently has 79 inches of trees credited according to City Code. This means that 21 additional caliper inches should be added to the plan. He asked if that's by City Code. Franzen replied that it is by City Code. He stated there are 3 levels of landscaping required according to the building square footage on the property, tree replacement and then transition. There is no mathematical way of calculating how many trees to put in to create a transit.ion based upon looking at the site lines. It's a Staff judgement. Schlampp asked if the suggestion of additional conifers is then coming from the expertise of the Planner, not from the City Code. Franzen replied that it's an interpretation of City Code as to the amount of landscaping necessary for the transition. He said that if he felt the tree replacement and the caliper inch requirement by itself was a good visual barrier, that would be his recommendation. 6 :1[,D.-8 Schlampp asked if they need more trees in order to block that view. Franzen replied that is the reason for the additional trees. Clinton stated that he will be abstaining from voting since he was not present at the last meeting. He's coming in on the middle of the issues and does not feel it's right for him to comment on it. Kardell stated that the plan is quite improved and everybody will benefit from the driveway and the fact that it's a very attractive fence. She said it's a very appropriate change and use from commercial use to residential use. Not withstanding the fact that it looks like there's a lot of trees, she suspects it's relative to the actual size of the building. It's not quite as dense as it appears and it's two different land uses. There is a 6.5 multi-family use adjacent to a single family use. It's an interpretation of transition. It should be screened and to the extent additional landscaping is required on units. These units are going to start at about #140,000.00, therefore, a few extra trees are not out of line. She supports the project exactly as the Staff Report is written. Regarding drainage, she said that having been out to that site, she doesn't feel there are a lot of problems that the neighbors are experiencing are attributable as to this particular site. She suggested to the residents to try to work with the Watershed and the City Engineer to find out what the problem is. Schlampp stated that he looked at the site regarding the drainage, and it is a problem. He feels there is always going to be a problem. This isn't going to correct the problem and it's not going to aggravate the problem. He said that from his experience, it's like living on a swamp. He questions running temporary sedimentation ponds, but if the Engineering Department says it's correct, he won't argue with them because their the experts. Kardell stated there is going to be a Watershed District meeting on November 2nd and urged the residents to make sure the representatives of Watershed are aware of their concerns, and that they have to be persistent with them. MOTION 1: hearing. Wissner moved, seconded by Foote, to close the public Motion carried 4-0-1 with Clinton abstaining. MOTION 2: Wissner moved, seconded by Foote, to recommend to the City Council approval of the request of Thompson Land Development for Comprehensive Guide Plan Change from Neighborhood Commercial to Medium Density Residential on 1.64 acres and from Low Density Residential to Medium Density Residential on .96 acres based on plans dated October 7, 1994, and subject to the recommendations 7 Y. D. ·9 of the Staff Report dated October 7, 1994. Motion carried 4-0-1 with Clinton abstaining. MOTION 3: Wissner moved, seconded by Foote, to recommend to the City Council approval of the request of Thompson Land Development for Rezoning from Rural to RM-6.5 on 2.6 acres based on plans dated October 7, 1994, and subject to the recommendations of the Staff Report dated October 7, 1994. Motion carried 4-0-1 with Clinton abstaining. MOTION 4: Wissner moved, seconded by Foote, to recommend to the City Council approval of the request of Thompson Land Development for Site Plan Review on 2.6 acres based on plans dated October 7, 1994, and subject to the recommendations of the Staff Report dated October 7, 1994. Motion carried 4-0-1 with Clinton abstaining. MOTION 5: Wissner moved, seconded by Foote, to recommend to the City Council approval of the request of Thompson Land Development for Preliminary Plat on 2.6 acres based on plans dated October 7, 1994, and subject to the recommendations of the Staff Report dated October 7, 1994. Motion carried 4-0-1 with Clinton abstaining. Y. D. -ID f:\pf'ro VtC <9.. M i '" f..I.. te s t.d~f\. r fQ i r ie-fb.n<'\ I "'j Cc""~iJ~o ~+. 2.'-, ('1<1 '-t E. LAKE EDENVIEW TOWNHOMES by Thompson Land Development. Request for Comprehensive Guide Plan Change from Commercial to Medium Density Residential on 1.64 acres and Low Density Residential to Medium Density Residential on .93 acres, Rezoning from Rural toRM-6.S on 2.6 acres, Preliminary Plat of 2.6 acres into 8 lots and 1 outlot, and Site Plan Review on 2.6 acres. Location: Franlo Road, south of Prairie Center Drive. Bauer stated that in accordance with standard policy, he would be stepping down from this matter due to a conflict of interest. Franzen stated uses on the western 1.64 acres of this site is guided commercial. The eastern .93 acres of the site is guided low density residential. Staff has listed reasons for Guide Plan change in the Staff Report as one of the options. Franzen introduced Lee Johnson, who is the developer representing the project. Lee Johnson, developer representing Lake Edenview Townhomes, reviewed his project with the Planning Commission using visual aids. He stated that he is the owner of this property and works for Orrin Thompson Homes which will be building on the property. He said he expects to live in one of the units, so he will be one of the owners of the units. The site is 2.6 acres in total. Using the site plan as proposed, it calls for 4 twinhomes with 8 units which places the density at a little over 3 units per acre. There are attached double garages for each unit. The total outside parking is 27 units which includes guest parking-with no overnight parking, in 4 locations plus the driveway parking. There are approximately over 5 parking places per unit. The units are one story empty nester type building. They are maintenance free, vinyl siding, brick front buildings. The square footage is 1600 to 1800 square feet per unit on one floor, with finished basements. Most of the units will run between 2500 to 3500 square feet finished. The unites exceed the minimum square footage. All the units will be walk-outs. The constructed value of the units will be in excess of $200.000.00. The homeowners association will be responsible for the building on-site maintenance, grass cutting, etc. The site has a private road and they will be 3 Y.D.-Il maintained by the homeowners association. There are no variance requests for the setbacks in this subdivision. The distance from the intersection is 170 feet and the minimum on the ordinance is 100 feet. North and west of the roadway will be owned by the homeowners association and that will be the access to the road. Everything else will be owned by the individual homeowner. Regarding grading, the tree loss will be approximately 14 %, and that will only be cut down as needed, therefore, it might not even reach that amount. There . are no requests for wetland mitigation. The borings show in all locations that there are between 2 to 4 feet of top soil. The ground water shown on the borings is 2 to 4 feet below the existing grade. They will be raising that grade so that means that the ground water is 5 feet below the basement elevations. Regarding the drainage of the site on Franlo Road, this water drains to the north side, therefore, most of the water, if not all the water on Franlo Road, is on the north side of the road. Sandstad asked if they thought about the driveway location where it is connected with Franlo Road, in regards to the Staff Report suggestion to move it a little bit north which would raise the grade a little, but it would change the landscaping and move it further from the single family home area. He asked how that would· effect drainage, setbacks and landscaping. Johnson replied that this road should go down as far this way as it can because of the grading of Franlo Road. This is the only access point on his property. Kardell asked how this would effect drainage, setbacks and landscaping. Johnson stated that instead of grading this into a slope, he will put a retaining wall and then he can build a wall on the road closer to that tree, rather than sloping the ground down to the tree. He said there is an existing berm constructed off on the property south, so that none of the water on his site will get into the backyards of these units. There is drainage down the property line, hut that's where drainage is suppose to go .. He said by moving this road over he can open up so this is not as sharp a drainage area, but it's still where the drainage should go. The water going down the property line will be less than it is now. . Kardell asked him to please discuss the effects of the setbacks of moving the one unit further to the north. Johnson replied that 3 more large oak trees plus considerable 2 -10 inch oaks would be lost. The additional 15 feet of setback on the south would provide room for more trees but he believed that screening is not necessary because of 4 -:sr. D. -I Z the 150 foot building setback. Sandstad commented to the homeowners in the audience that the map Mr. Johnson is referring to is to scale horizontally, not drawn to scale. He said it looks like it's 30%, but it's actually 7%. Johnson showed 2 photographs of 2 homes which reflect the access point, the berm that exists there and the trees that are planted on the berm. He said there were a number of concerns from the meeting he had with the residents, and is aware that they met with the planner and had written letters. He looked at their concerns long and hard. As far as location, he does not see how this location can be any different. He said it can shift one way or the other slightly. He can maybe even put a 15 degree, so it can end at a slight angle to the road to have some effect as far as any headlights. He said if he puts a retaining wall he can move this road up to within 5 or 6 feet and doesn't expect on any more impact. He does not feel a reasonable solution is to eliminate trees. Kardell asked for clarification regarding where the cut of the road is entering this property from the end of the guard rail. Johnson replied that the guard rail shown with the dotted line is 60 to 70 feet. He stated that as far as the entrance problem, he can move it over a little and there will be more room to put some landscaping in to build up the building masses. He said he is meeting and exceeding all the requirements for this project. Schlampp asked how much of the 2.6 acres is going to become building sites, driveways, roads, etc. Johnson replied approximately 35,000 square feet of hard surface. Schlampp stated approximately 113 of the area is going to be absorbed. He stated that everything is going to drain down to Lake Eden except on the north side down on to Franlo Road. The grade then drops there and it drains to the south. He asked for clarification on this. Johnson replied there are drainage ways and there will be run off that would temporarily correct that before it gets to the silt fence. Schlampp asked what happens to the temporary sediment pond when that silt fence is removed. Johnson replied it is then removed. 5 Y.D.-13 Schlampp commented that all the water moved down ends up in Lake Eden. He said it's entering a great deal of it into the wetland that drains on the northwest corner. There is no containment of that drainage bringing it around into any other area except general sheeting down into the lake, into the wetland, especially since the sedimentation ponds are taken out. Johnson stated that the volume of water is very small. He said he talked to the City Engineer and the Watershed Engineers. Lake Eden itself is a NURP pond. It's the opinion of the City and the City Engineer that the volume of water is so small, and the incremental change is that NURP ponds are not necessary. Schlampp stated there will be substantial runoff because of the loss of percolation into the soil and there are developed sedimentation ponds. Franzen stated last Tuesday he went to the home of Jon Englund for a meeting with the neighbors. The neighbor's concerns were access, safety, drainage and transition. The City Engineer looked at the slope as you come up the driveway from the street. The Engineering Department recommends a 2 % landing area that's very flat as measured from the curb. The drainage plan as proposed has a swale along the common property line which directs water in a westerly direction towards Lake Eden. Drainage utility easements with drainage swales along rear lot lines is typical in many subdivisions. The drainage along the common property line can be improved by shifting the driveway 15 feet to the north. This would create a more defined swale along the common property line for better drainage. Use of the B6-12 curb as compared to the surmountable curb will channel water further down the private drive beyond the first twinhome building where a swale will take it out into City property. Where the driveway access is cut on Franlo Road, a channel gutter will be installed which will direct water towards catch basins near Grier Lane. Staff recommends shifting the driveway to the north, and accommodating the recommended landing area. The road grade would increase to 10%. Staff also recommends providing a revised landscape plan with a buffer zone of conifer trees between 8 to 10 feet high in height within the 25 foot edge along the south property line. Ray Hoveland. 11924 Joy Circle. expressed concern about drainage, the safety of project, the driveway and the visibility. He would like to see more of the planning in this project to creating a better drainage system. He said he is not anti-townhome or anti-project development. His home has a long history of drainage problems and this will only make it worse unless they solve the problem. 6 Y.D. -l~ Jon En&lund. 11912 Joy Circle. expressed concern about the safety features, and the water drainage compounding his existing drainage problem. Joe Zweber. 11917. Joy Circle. expressed concern about the traffic conditions coming into the project, and how the screening will be done. He said he supports the project. Sandstad requested that Staff take a look at the saturated ground in the neighborhood for the existing homes if the Planning Commission decides to continue this in 2 weeks. He said he does not want to aggravate an existing problem. He stated the project is better as residential than commercial. He would prefer to see more distance between the buildings on the south side and the single family homes, and a little improvement on the driveway. Foote said he agrees with Sandstad and would like to see the drainage looked at. He does not want to add to the resident's problems. He believes this is better as residential than as a commercial project. He would like to see a revised plan accommodating the resident's concerns. Schlampp supports the project but would like to see more focus on the drainage problem. Wissner expressed concern about the water problems. She said the project will be an asset to the neighborhood but just get rid of the water problem. She asked for clarification between townhomes and twinhomes. Johnson stated this is a townhouse project without any middle units. Kardell said she likes the residential as opposed to commercial. She wants Staff to have the Engineering Department look at the property to find out how to improve the drainage. She recommends changing the road slightly and have specific landscaping plans to share with the neighbors in advance of the Planning Commission, not at the meeting. She said the townhomes are a nice transition particularly if the land to the north doesn't develop commercial. MOTION 1: Schlampp moved, seconded by Wissner, to continue to October 10, 1994. Motion carried 5-0-0. Y·O.-IS" STAFF REPORT TO: THROUGH: FROM: DATE: SUBJECT: APPLICANT/ FEE OWNER: WCATION: REQUEST: Planning Commission Chris Enger, Director of Community Development Michael D. Franzen, Senior Planner October 7, 1994 Lake Edenview Townhomes Thompson Land Development Franlo Road, south of Prairie Center Drive 1. Comprehensive Guide Plan Change from Neighborhood Commercial to Medium Density Residential on 1.64 acres and from Low Density Residential to Medium Density Residential on .96 acres. 2. Rezoning from Rural to RM-6.5 on 2.6 acres. 3. Site Plan Review on 2.6 acres. 4. Preliminary Plat of 2.6 acres into 8 lots. 1 :SZ.D.-te -----------------------~ LUNDS CENTER ADO -:'C""' .. : '-K e \:1 E·' r ...... _:~~,. ...... M. "OAO Staff Report Lake Edenview Townhomes October 7, 1994 BACKGROUND This is a continued item from the September 27, 1994 meeting. At that meeting the Planning Commission directed the developer to move the driveway and first twinhome building to the north. This would provide more room for plantings as a transition and provide better drainage which would not direct water directly towards the single family homes to the south. SITE PLAN REVISIONS The following site plan revisions have been made: 1. The twinhome building setback to south property line is a 15 foot minimum, 171h foot average. This compares to the 10 foot minimum and 10 foot average of the previous proposal. 2. The minimum setback to the driveway is 30 feet. The previous plan was 15 feet. 3. Slopes adjacent to the single family homes to the south are 3 to 1 slopes. The previous plan had 3 to 1 slopes. 4. A 4 foot high solid fence is located along the south side of the driveway for the ("IrSt 100 feet into the project. The 4 foot high fence serves as an entrance feature and screens headlights. 5. A berm has been added in the front yard of the iIrst twinhome that is approximately 3 feet higher than the driveway. This will help with screening of some portions of the driveway from the single family homes to the south. 6. Moving the driveway to the north saves some existing willow and poplar trees along the south property line. 7. Three additional conifer trees of 9 feet in height have been added and the original 9 conifer trees have been repositioned to the high point of the berm. T.D." \8 Staff Report Lake Edenview Townhomes October 7, 1994 8. The nrst twinhome unit is a smaller building and with the repositioning of the road provides additional green area along the south property line. Moving the ftrst twinhome to the 25 foot setback as previously suggested, will result in a 9 foot high retaining wall of approximately 100 feet long and three large oak trees would be lost due to construction or construction damages. In addition, approximately 3,600 sq. ft. of slope and understory trees of 2 to 10" size, consisting of Buckthorn, Ironwood, Elm, Boxelder and Oak would also be lost. Tree loss will increase to 29 % or 132 inches. Tree replacement will be 51 inches. The increased tree replacement could be used as plantings along the southeast side of the twinhome building. An alternative to moving the building further to the north with increased tree loss and tree replacement would be to leave the plan as it is, but require the Developer to plant the potential additional tree loss along the south property line. This additional amount is 37 inches. With the repositioning of the road and the building, there is room to plant additional trees. Using this alternative, the City, Developer and neighbor beneftts by the retention of the existing trees and an increased buffer along the south property line. The revised landscape plan currently has 79 inches of trees credited according to City code. The caliper inch requirement is 50 inches and the recalculated tree replacement would be 51 total inches. This means that 21 additional caliper inches should be added to the plan. This would translate into 6 additional 9 foot conifer trees along the south property line. DRAINAGE Refer to attached memo from Al Gray. FRANLOROAD Refer to attached memo from Al Gray. CONCLUSION The Community Development Staff believes that a multiple family use of the property at a low density would be better for this area than as guided Neighborhood Commercial and Low Density Residential. Townhouses at a density of 3 units per acre would be a better visual relationship to the surrounding area than commercial buildings in a parking lot. The visual relationship to the single family homes to the south has been improved by shifting the road and building to the north. This provides a wider area for plantings, berm, fencing, and a better drainage solution. YD. 1'1 Staff Report Lake Edenview Townhomes October 7, 1994 Retaining three large oaks and adding 6, 9 foot conifers along the south property line addresses the concerns of developer and residents. STAFF RECOMMENDATIONS I. If the Planning Commission believes there are compelling reasons for changing the Comprehensive Guide Plan Change from Commercial and Low Density Residential to Medium Density Residential, then one option would be to approve the project as submitted based on plans dated October 7, 1994 and subject to the recommendations of the Staff Report of September 23, 1994 and October 7, 1994 and based upon the following conditions: 1. Prior to City Council review, proponent shall: A. Modify the landscape plan to show 6 additional 9 foot conifer trees along the south property line. 2. Prior to final plat approval the proponent shall: A. Submit detailed storm water runoff and utility plans for review by the Engineering Department. B. Submit detailed storm water runoff, utility and erosion control plans for review by the Watershed District. 3. Prior to building permit issuance, proponent shall: A. Pay the appropriate cash park fee. B. Meet with the Fire Marshal to go over City code requirements. C. Provide details of the retaining walls for review by the Building Department. 4. Prior to grading permit issuance, the proponent shall: A. Stake the proposed construction areas adjacent to the trees with a protective barrier and provide erosion control around the edge of the wetland areas and along the south property line adjacent to the single -:!r.D. -20 Staff Report Lake Edenview Townhomes October 7, 1994 family areas. These fences must be in place a minimum of 48 hours prior to grading so that City staff will have an opportunity to inspect them. II. If the Planning Commission believes that a townhouse use is a better use of the property than commercial, but feel that additional changes are necessary to address transition and drainage, then one option would be to continue this item for further review. III. If the Planning Commission believes that a townhouse use of the property is not acceptable and that compelling reasons to change the Guide Plan have not been demonstrated, then one option would be to deny the project. Y. D. -2\ STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT/ FEE OWNER: LOCATION: REQUEST: Planning Commission Michael D. Franzen, Senior Planner September 23, 1994 LAKE EDENVIEW TOWNHOMES Lee Johnson Franlo Road and Grier Lane 1. Comprehensive Guide Plan Change from Commercial to Medium Density Residential on 1.64 acres and Low Density Residential to Medium Density Residential on .93 acres. 2. Rezoning from Rural to RM-6.5 on 2.6 acres. 3. Preliminary plat of 2.6 acres into 8 lots and 1 outlot. 4. Site plan review on 2.6 acres. 1 -sr. D. -22.. Staff Report Lake Edenview Townhomes September 23, 1994 COMPREHENSIVE GUIDE PLAN CHANGE The western 1.64 acres of this site is guided Neighborhood Commercial. The eastern .93 acres of the site is guided low density residential. If the western 1.64 acres was developed as Commercial, with the eastern .93 acre for driveway access only, a 14,300 sq. ft. commercial building would be possible. However, the steep slopes and oak trees on the north end of the property and the existing wetland on the southern end of the property limits the development potential of the property. A realistic amount of commercial development on the property would be approximately 7,000 sq. ft. and 42 parking spaces. There must be compelling reasons for changing the Comprehensive Guide Plan. The decision to change the Guide Plan on this site is not a question of the balance of land uses in the community since losing a small amount of commercial and adding 8 housing units would not change the balance. The decision is more a site specific question of how much of this land is developable, is the density reasonable, and is there a transition between this multiple family site and the adjoining single family areas to the south. The decision should also be based on City performance standards regarding safe access, water runoff which does not concentrate on adjoining properties, suitability of the soils for building development, and impact on the site's natural features. LAND USE. DENSITY, AND TRANSITION This site can be considered a transitional location for land use and density. It is bordered on the west by townhouses at approximately 7 units per acre; neighborhood commercial land use to the north; high density land use guided to the east (17.4 units per acre) and low density residential to the south at 2 units per acre. A multiple family use of this site at a low density could provide a transition from higher intensity uses to lower intensity uses. The density of this project is 3.0 units per acre. The density of the single family area to the south is 2 units per acre. Twinhomes typically develop at about 4 units per acre. The horizontal distance between the nearest proposed twinhome unit and the nearest single family home is 150 feet. Along the rear lots of the single family homes is a small berm, large conifer trees (planted) and some natural vegetation mostly on Outlot B behind Lot 3 of Lake Eden North single family homes. 2 1r.D.-23 Staff Report Lake Edenview Townhomes September 23, 1994 Residents are concerned that although the proposed twinhome building 10 feet off the property line meets the City code, the building is too close to the existing single family homes. Residents are also concerned about the proposed driveway which sits at a higher elevation than their homes. The existing berm and conifers on the single homes to the south defines the boundaries between the sites but does not hide the proposed buildings or driveways. It is possible to make minor adjustments in the proposed site plan to provide a better visual relationship to the single family areas to the south and strengthen the planting edge along the single family backyards. The private road and the nearest twinhome building can be moved to the north, but this must be balanced against encroaching on to the steep slopes and the large significant oak trees. This is the reason why the developer located the twinhome units towards the southern part of the property and is a primary reason why tree loss is 14%. Moving the building and road approximately 15 additional feet to the north would increase tree loss to 25 % and would increase the height of the retaining wall from 5 to 9 feet. The additional distance from the common property line would allow for additional trees to be planted to supplement the vegetation which exists on the south side of the property line. SITE PLAN The site plan depicts the subdivision of 2.6 acres into 8 twinhome lots. Each of the twinhome lots meets the minimum 6500 square feet of land area required per unit. The buildings meet the required setback requirements from property lines. A variance is required for use of a private drive to provide access to the twinhome units. A public road could be built on the property, but would remove most of the significant vegetation along the north edge of the property and result in extensive retaining walls. The use of the private drive in this case helps preserve site features. When private drives help preserve site features and the densities are lower than the maximum allowed in the zoning district requested (in this case, 6.7 units per acre maximum) then variances are typically granted. ACCESS When the 40 unit townhome project to the west of this site was reviewed, the City analyzed the possibility of extending a roadway into this site. Because of the arrangement of buildings on the townhome site to the west and the location of trees and wetlands, it did not seem practical to extend a road from that location. It was considered that this property has 341 feet of frontage along Franlo Road which would allow access to a public street. 3 :IT. D. -24 Staff Report Lake Edenview Townhomes September 23, 1994 Due to site vision distance, curve of the road and the metal guardrail along Franlo Road, the best location for a driveway is in the southeast corner of the property. The grades on the proposed private access drive are 7% with a 3 % landing area at Franlo Road. The Engineering Department recommends no more than a 2 % landing area as measured from the curb. From that point grades on private drives can be up to a maximum of 12 %. When shifting the driveway to the north, and accommodating the recommended landing area, the road grade would increase to 10%. Residents are concerned about the visual impact of the private drive at a higher elevation than the existing berm on their property. City staff has looked at alternative ways of providing a private drive at a lower elevation, but has determined that it is not possible. By increasing the setback dimension between the driveway and the south property line, a larger area for additional plant materials would be provided to create a visual buffer. Residents have also expressed concern about cars using the proposed driveway during wet and winter conditions and sliding across the berm into their back yard. Two things are being required on the flrst 200 feet of the private drive: 1. A B6-12 curb (square curb) as compared to the standard surmountable curb in residential areas. 2. The driveway will be pitched (much like a super elevation on a highway) to the north. GRADING AND DRAINAGE There are three drainage issues with this project: 1. Wetlands 2. 100-year high water elevation of Lake Eden. 3. Drainage impacts on the single family areas to the south. There is an existing wetland in the southwest corner of the property that has been delineated by Peterson Environmental Consulting, Inc .. No grading is proposed within the wetland area. The normal water level of Lake Eden pond is 808. The 100-year high water level is 815. The high water level will be as close as 20 feet to some of the twinhome units. The lowest floor elevation of the buildings is 2 feet above this high water level which is a City and Watershed District requirement. 4 -:sr. D. -25> Staff Report Lake Edenview Townhomes September 23, 1994 Residents are concerned about drainage from this site onto the three single family homes immediately to the south. The drainage plan as proposed has a swale along the common property line which directs water in a westerly direction towards Lake Eden. Drainage utility easements with drainage swales along rear lot lines is typical in many subdivisions. The drainage along the common property line can be improved by shifting the driveway 15 feet to the north. This would create a more defined swale along the common property line for better drainage. Use of the B6-12 curb as compared to the surmountable curb will channel water further down the private drive beyond the first twinhome building where a swale will take it out into City property. Where the driveway access is cut on Franlo Road, a channel gutter will be installed which will direct water towards catch basins near Grier Lane. SOILS AND BUILDING FOUNDATIONS The City is aware of poor soil conditions within the surrounding area. All of the home sites along Joy Circle al?d Grier Lane were excavated and backfIlled with sand in order to support the proposed structures. We are also aware of adjoining neighbors having problems with constructing decks because of the high water table and soil conditions making it difficult to stabilize footings. A soils report by Braun Engineering Testing suggest that within the proposed townhouse area limited subsurface correction is anticipated. The majority of soil correction will entail excavating two to four feet Once the townhouse areas have been excavated and backfIlled, the structures can be supported by a spread footing foundation. The soils on this site are better than the single family home to the south where between 7-12 of poor soil existed before fIlling. LANDSCAPING The landscaping requirements for this project are based upon a caliper inch requirement according to building square footage, tree replacement, and transition. The caliper inch requirement is 50 inches and the tree replacement requirement is 13 inches. The landscape plan meets this requirement. To provide a better transition along the south property line, additional plant material should be planted along the driveway entrance to the rear building the rear wall of the first townhome building. These trees should be primarily large conifers to supplement the existing conifer trees along the south property line. 5 Jr. D, -26 Stafr Report Lake Edenview Townhomes September 23, 1994 ARCHITECTURE The RM-6.5 Zoning District does not have architectural material requirements. The proposed twinhome buildings are similar to the ones that are being constructed by Orrin Thompson on Dell Road and County Road 1. UTILITIES City sewer and water is available adjacent to the property. Since the amount of water runoff from hard surface areas is limited, the Engineering Department is recommending a cash contribution to the storm water utility fund rather than the construction of a NURP pond on the property. The cash contribution would be equivalent to the construction cost of the pond plus the land area needed to create the pond. The money deposited into utility fund would go towards larger storm water quality improvement projects and maintenance of existing ponds in the community. CONCLUSION The Community Development Staff believes that a multiple family use of the property at a low density would be better for this area than as guided Neighborhood Commercial and Low Density Residential. Townhouses would be a better visual relationship to the surrounding area than commercial buildings and a parking lot. The townhouse density at 3 units per acre is low considering that the RM-6.5 Zoning District would allow up to 6.7 units per acre. The visual relationship to the single family homes to the south can be improved by shifting the building and driveway to the north which would allow a wider area to put additional plantings to supplement the existing vegetation along the south property line. This would also allow a better drainage solution. RECOMMENDATIONS I. If the Planning Commission believes there are compelling reasons for changing the Comprehensive Guide Plan from Commercial to Low Density Residential to Medium Density Residential, then one option would be to approve the project as submitted. II. If the Planning Commission believes that a townhouse use is a better use of the property than commercial, but feel that transition, access, and drainage issues are significant and warrant further revision then one option would be to return the development plan to the proponent with the following recommendations: 6 TT. O. -27 Staff Report Lake Edenview Townhomes September 23, 1994 1. Shift the driveway and the ftrst townhome building approximately 15 feet further to the north. 2. Create a more deftned drainage swale along the common property line. 3. Provide a revised landscape plan with a buffer zone of conifer trees between 8 to 10 feet in height within the 25 foot edge along the south property line. Ill. If the Planning Commission believes that a townhouse use of the property is not acceptable and that compelling reasons to change the guide plan have not been demonstrated, then one option would be to deny the project. 7 YD.-28 MEMORANDUM TO: Michael Franzen, Senior Planner FROM: Alan Gray, City Engineer DATE: October 7, 1994 SUBJECT: Lake Edenview Townhomes Residents of Joy Circle have questioned the safety of the proposed driveway connection from Edenview Townhomes to Franlo Road. At any location where an intersection is created along a roadway of this type, a potential conflict results for vehicles using the road. Considering the site distance, grades, and curvature of Franlo Road, the risk to drivers at this proposed future intersection are significantly different than other similar intersections within our community, and are less than at many other existing intersections within the Major Center Area. Residents along Joy Circle whose property abut the proposed Lake Edenview Townhomes have also indicated concerns drainage. Franlo Road is adequately served with storm sewer and run- off from Franlo Road will not be directed down the proposed driveway and into the rear yard areas of homes along Joy Circle. The subdivision itself is being developed at an intensity not unlike the average single family residential neighborhood. The berming along the rear homes abutting Joy Circle together with the grading proposed for the subdivision will adequately convey run-off to Eden Lake. The drainage area to Eden Lake include portions of T.H. 169, all of the Eden Prairie Center site and much of the commercial development around it. The 100 Year Flood elevation for Eden Lake has been determined assuming complete development of its watershed in conformance with the City Comprehensive Plan. The impact of this property to Eden Lake and its 100 Year Flood elevation was determined assuming commercial development. The proposed residential development will produce less run-off than has been assumed in developing the 100 Year Flood elevation for Eden Lake. The elevations proposed for the lowest structures within Lake Edenview Townhomes is 2 feet above the 100 Year Flood elevation for Eden Lake. This is similar to the elevation at which several homes have been constructed along Greer Lane. These proposed elevations are consistent with our ordinances and the requirements of the Watershed District. Y,D. -29 \ OCT-03-1994 08:35 FILeT SOFTW~RE CORP. TO: Date: From: Pages: City of Eden Prairie ATTN: Mike Franzen 8080 Mitchell Road Eden Prairie, MN 55344 Odober 2nd, 1994 Jon Englund 11912 Joy Circle Eden Prairie, MN 55344 (612)942-5964 (612)942~091 (FAX) 2 RE: Lake Edenview Townhomes Dear Mr. Franzen, 612 942 8091 P.01 I appreciated your coming to our neighborhood meeting on September 19th and acting as our advocate with the city. You seemed to listen attentively to our concerns and felt we had legitimate reasons for these specIfIc concerns. However, I was both shocked and disappointed with your actions of last week. I left messages on September 22nd and 23rd for you to call and update me on your report before the Planning CommIssion meeting. Yet, you failed to call. Then. when I appeared at the Planning Commission meeting, I was given your staff report In which you identified potentJal solutions to aU the neighborhood concems. Now not only was I shocked by this staff report but I found that you also shared our concerns with the developer. This developer was better prepared and more infonned than anybody from our neighborhood. Now. after you told the Planning Commission that you would get back to the neighbors by last friday, you again failed to call. It is apparent from these factors that you are trying to railfOad this development through to approval. Yet it was also apparent to my neighbors and myself that the Planning Commission is going to approve this development regardless of the concerns In the neighborhood. This is what some neighbors warned me about when this project was first proposed. Seems the City continues to uphold its reputation. To state as clearly as I can, I am not opposed to a development of twlnhomes behind my home. What I am opposed to is putting in a road which is to support two lanes. of traffic right in my backyard. I believe this road is unsafe and Will be aesthetically unpleasant Again though, as was very apparent at the last Commission hearing is that this project and this road will be gaining approval. The reason behind this letter Is to make 3 simple requests before this project gains approval. The first . request regards our neighborhood concerns regarding the safety of the new road. Could you or someone on your staff please give me another example of a road which is similar in slope and entrance as the one that Is being proposed. In addition I would lIke a written statement from the city engineers specifying their answer to our safety concerns. After living off of Franlo road I have experienced the difficulty navigating Franlo road In the Winter months. In fact my wife was Involved in an accident on this very roact Yet it is amazing that your engineers find this new entrance off of Franlo safe. As I see it, your solution to move the entrance further west Will help alleviate the watershed problems for myself and my neighbor to the east. But that movement will cause the road to become even more visible to us and dangerous. The second request regards the aesthetics of this new react How high do these proposed conifers have to be? Can a fence be built in addition to this vegetation? Would this developer need to place a fence on this property if a commercial building were being proposed? If the developer Is unwilling to construct a fence, would It be possible for me to get a variance for a fence along with this development's approval? I beneve a variance would be required as the height of this fence may go beyond city code. Your own city .~ engineers could assist in the planning for this fence. Constructlon of this fence to begin Immediately . following approval. This fence would yield us the privacy this new development is taking away. , :Ir.O. -30 OCI 1213 1994 1218:36 FILeT SOFTwARE cORP. bi2 9a2 9091 P.02 The final request regarc. .Joperty value and property taxes. I would lIKe to be placed on the City Council agenda the same evening this development will be put forth for consideration. I will be askIng for a reduction In property taxes. You must agree that the value of my home will certainly go down after the approval of this development. If the City council approves this development I would request a relief in my property taxes. You can't have It both ways. Please respond to me in writing PSAP. I do not wish to be surprised again. I expect a response by Wednesday October 5th. M this project goes forth and the development is completed I would hope all of the people involved with this development will one day face a road goIng through their own backyard. Sincerely. Jon Englund 2 Y.D,-31 TOTAL P.02 DEPARTMENT OF THE ARMY REPLY TO ATTENTION OF ST. PAUL DISTRICT, CORPS OF ENGINEERS ARMY CORPS OF ENGINEERS CENTRE 190 FIFTH STREET EAST ST. PAUL, MN 55101-1638 September 27, 1994 Construction-Operations Regulatory (94-07679-NP-JJY) City of Eden Prairie Mr. Michael Franzen Senior Planner Eden Prairie Community Development 8080 Mitchell Road Hopkins, Minnesota 55344 Dear Hr. Frar.zen: We have reviewed information about a project of Lake Edenview Townhomes to construct four twin homes. The project site is in the SE 1/4 SE 1/4 Sec. 14, T. 116N., R. 22W., Hennepin County, Minnesota. The work proposed at the location stated is not within the regulatory jurisdiction of the Corps of Engineers. No work will be done in a navigable water of the United States, and no dredged or fill material will be discharged in any water of the United States, including wetlands. Therefore, a Depart- ment of the Army permit is not required to do this work. This letter is valid only for the project referenced above. If any change in design, location, or purpose is contemplated, contact this office to avoid doing work that may be in violation of Federal law. PLEASE NOTE THAT THIS CONFIRMATION LETTER DOES NOT ELIMINATE THE NEED FOR STATE, LOCAL, OR OTHER AUTHORIZATIONS, SUCH AS THOSE OF THE DEPARTMENT OF NATURAL RESOURCES OR COUNTY. If you have any questions, contact Mr. Joe Yanta in our st. Paul office at (612) 290-5362. Section Copy furnished: Orrin Thompson Homes T.O. -32- I r \ \ SEP-23-1994 09:06 FILe T SOFTLJ~RE CORP. TO: City of Eden Prairie ATTN: Planning Commission 8OBO Mitchell Road Eden Prairie, MN S5344 Date: September 2:2nd, 1994 From: Eden Lake Neighborhood RE: Lake Edenview Townhomes Dear COmmission Members. 612 831 9245 P.01 A neighborhood meeting was held on Tuesday. September 20th. 1994 regarding the proposed Lake Edenview Townhomes. In attendance at this meeting were Mark and Ann PfISter. Joe Zweber, Charlie Stone, Ray Hoveland. Jon and Solvelg Englund, John Simacek and Eden Prairie Senior Planner MIke Franzen. The general consensus among the neighbors was that we would prefer a sIngle family home development over townhomes but are not opposed to townhomes provided that they are of a quality consIStent with the homes In our neighborhood. However, the proposed development plan as presented to the city is opposed by our neighborhood. This plan has a number of concerns that must addressed before It can be given a neighborhood approval. The first concern Is a safety concern with the entrance to this development off of Franlo Road. Franlo is a busy street and this entrance is coming right after the steep sharp curve on Franlo. In addition. the driveway will need to curve immediately following this entrance. The combination of the number of vehicles entering the development along with the angle and slope of this driveway and entrance will provide for a very dangerous settlng. Even more so in the winter months. Another oonoern regards watershed. This neighborhood and especIally Hoveland's yard has been extremely plagued with water problems. The proposed development plan shows that all the water from the driveway and first townhome will be dumped directly into the neighboring backyards. This will indeed aggravate the already existing water problems in this neighborhood. Another concern regards aesthetics. The proposed elevation of the new driveway will be 4 feet above the existing berm in the neighboring yards. This elevated driveway will present an eyesore to the neighborhood and devalue the homes surrounding it. Further concerns were raised about the overuse of thIs land. potential flooding of these townhomes, soil tests and builder guarantee. We attempted to oome up with an alternative plan to solve some of these conoerns but were left withOut any answers. Mike Franzen suggested that he would meet with the city engineers to see What they could come R ' up with. We agreed and now await these new plans. n '-" ~ ccndusIon. \!IV tho -.."igned neighbors would ask "'Is oommlttOO to not """""'" this PIon lI'1I' ~ ""'" ~.; J-b~ ;~CO "Ui~-U::kYOO _~~~on'~~ti $~~f . ,cyto ~ f .. Q () I r'I. , s- TOTAL P.01 Michael D. Franzen, Sr Planner %City of Eden Prairie 8080 Mitchell Rd Eden Prairie, MN 55344-2230 Dear Mr. Franzen, Ray Hoveland 11924 Joy Circle Eden Prairie, MN 55344 September 21,1994 Thank you for meeting with myself and my neighbors last evening to discuss concerns with the proposed Lake Edenview Townhomes. We appreciate your interest in our concerns with this proposal. First, I want to point out that we are not anti developement or for that matter anti town homes. A well thought out and planned project suited to the site involving town homes would be very acceptable and welcome in the neighborhood. However, the project proposed, as it now stands, is not suited to the property for a variety of reasons. It includes a very dangerous entrance to Franlo Blvd. Franlo is a very busy street. The approach is at the bottom of a sharp curve in Franlo Road Rd. The angle of approach as well as the slope of the driveway will make this a very dangerous situation. The second problem involving the access is that the the two lane, steeply sloped driveway which is expected to service eight residences is four feet above and only 10 feet away from the neighboring back yard which is not only dangerous but very disturbing visually. In winter, it will be a difficult drive to keep safe and clear. A major concern from my standpoint concerns drainage for the property. Unfortunately, water problems have been a nightmare for us since we moved in in 1987. We were greeted with the storm of the century which flooded our basement and left water in our backyard for weeks. We were told that this was a very unusual situation but unfortunately that has not been the case. Our backyard is flooded several times a year and the water goes much beyond what the city tells us is the expected flood plain. Even when not flooded, our backyard is constantly soupy. The water table is so high, it has created structural problems with our house resulting in a porch and deck which rises and falls as much as a foot every year even though the footings are as much as 14 feet deep. I have consulted with the city engineers, Braun Engineering and anyone else I could think of to come up with a solution. So far I have not been able to come up with one. At the present, my back yard is all torn up and we will be spending a significant Y.D.-3Y amount of money installing drainage tiles to help get some of the water away from the footing to our deck and porch. I hope it works! Obviously, we don't need anything which will put more water in our backyard and it appears from the grading plan that that is exactly where the water will go. All elevations drop severely toward my property. It would appear that all the water running down Franlo would run down the drive and flow directly into my backyard. This was pOinted out to Lee Johnson who seems to think that the area behind my berm on my property is adequate to direct water toward Eden Lake. One, I am not convinced that this is adequate and two I don't think it is appropriate for Lee Johnson to use my back yard as his drainage ditch. The project includes a very large building only ten feet from a neighboring back yard with no room for screening and a major elevation change which can only be accommodated with a retaining wall. It may meet minimal code requirements but is it reasonable or appropriate for the developer to build that close to neghboring property, or is this overuse of the property? Finally, and this should be more of a concern for the developer than us, is soil adequacy. The property is baSically a swamp which has been filled with the old roadbed when Franlo Rd was lowered. Underneath the fill is organic soils which are unsuitable for building. This was pointed out to Lee Johnson who replied by stating that before the city added fill they hauled out all of the organic matter. I was here when the fill was added and nothing was hauled out. Lee also told the neighbors that he had done 14 borings which indicate no problem with the soils. I don't know when these boring were done, how deep they went, or who did them but I would like to have the city review the soil studies before even considering approval on a project that may not even be feasible from a soils standpoint. Again, thank you for your time and for listening to our concerns. ~ f . Ra;5:oveland Y.D.-3S""' September 21, 1994 Michael D. Franzen Senior Planner City of Eden Prairie 8080 Mitchell Road Charles R. and Rochelle A. Stone 8638 Grier Lane Eden Prairie, Minnesota 55344 Eden Prairie, Minnesota 55344-2230 Dear Commission Members: My wife and myself have concerns about a proposed development adjacent to our property. Single family homes would be our first choice for this land. However, upscale townhouses that would compliment the existing neighborhood would also meet with our approval. We do, however, have concerns regarding the access to this property relative to safety issues. The proposed driveway would be less than 100 feet from an already busy intersection of Franlo and Grier Lane. It would also be the end of a long, sharp curve and downward grade just to the north and west on Franlo. We feel this would add an element of danger to this access to this property. Another concern would be rain runoff and resulting problems with water damage. My neighbors would probably be more affected by this but depending upon the elevation of this property, I too could be affected. Because this entire subdivision has been filled in with clay and marginal soil, it does not have the proper water percolation. As a result, every basement, including my own, has seepage after a heavy rain. This newly proposed development would only add to this water runoff problem and result in devaluation of our home value. We ask that you please use caution and good judgment regarding approval of any development on this property. Thank you for your consideration. Sincerely, tmtltD P. cvnd J2IC&r!L 17 i d-/Hu-- Charles R. Stone and Rochelle A. Stone u.D.-3~ Eden Prairie Planning Commission Eden prairie, MN RE: Proposed Lake Edenview Townhomes September 20, 1994 Dear Commission Members, We have concerns about the development as it is currently proposed. We would prefer single family homes, however, we are not opposed to townhomes. This is provided they are of a quality consistent with the homes in our neighborhood. Our primary concern is regarding safety. Cars coming down the "Franlo Hill Curve" often travel at unsafe rate of speed. The proposal shows an incline of 7% turning onto Franlo. A steep hill, a curve in the road and poor sight lines are a recipe for disaster. Our next concern is aesthetics. Our home faces the proposed access road from across the cul-de-sac. The elevation of the road is 4 feet higher then the existing berm. We feel that as we look out from our front windows and door, this elevated roadway would be an eyesore. Our final concern relates to excess water. We and our neighbors have experienced numerous problems related to the poor soils, rising lake levels and improper drainage. We strongly urge city authorities to take all precautions necessary so the existing problems are not exacerbated. Thank-you for your consideration. oe an Jane Zweber 11917 Joy Circle Eden Prairie, MN 3[, D. -37 SEP-19-1994 11:08 FILeT SOFTWRRE CORP. TO: City of Eden Prairie ATTN: Mike Franzen 8080 Mitchell Road Eden Prairie, MN 55344 Date: September 18th, 1994 From: Jon and Solveig Englund 11912 Joy Circle Eden Prairie, MN 55344 (612)942-5964 RE: Lake Edenview Townhomes Dear Mr. Franzen, 612 831 9245 P.01 Understand this letter to be notification of concerns and questions by myself and that of my surrounding neighbors with the above referenced development WIth this notification I am following the procedure as outlined in the notice of public hearing. I have been an Eden Prairie resident since August of 1990. Since my move to Eden Prairie I have watched as developments have gone up all around my area. I trust that people who work for the city are doing their best in looking after the concerns of the community. However, after moving into my home In 1990 I have been Increasingly plagued with water problems both in my home and my yard. I was assured at closing by the former owner that the basement in my current home had never leaked. Vet each year I have lived here my basement has leaked. I have gone through considerable expense to rectify this problem. Vet the problem persists. I have also watched as my fellow neighbors have struggled with their own water problems both in their homes and In their yards. I was told by these neighbors that Eden Lake had gone over its banks only once in their history. Vet every year since I have lived here, Eden Lake has flooded the neighbors yards and in one case his basement Now just a couple years ago a proposal was put before the planning commission for a single family home to be built in the empty field next to my home (8638 Grier). I was delighted that a single family home was to be built on that lot and even more thrilled that the Stone's would be the new neighbors. I attended the public meeting on this development and asked the city planners In attendance about the watershed problems. J was assured by the members of the committee that watershed would not be a prOblem and would possible improve. That has not been the case. As witnessed by your own city inspector (Dan), when we have a medium to heavy rain storm a stream of water flows through my yard spoiling the landscaping and causing a fine silt to be deposited on my front lawn. In addition, due to the sheer volume of water Involved, my basement In the southeast comer continues to leak. I really am perplexed by this problem. So you ask. what does this have to do with the new proposed development? Well, last Sunday, September 11th, the developer called a meeting in my back yard where he gave each of the surrounding neighbors a copy of his plan. What I saw caused me and my fellow neighbors great concern. According to that plan the developer is intending to build a development between my house and Franlo. My first concem is with the entrance to this development off of Franlo. The entrance road to this development cannot be considered a driveway in my mind as it will need to support two lanes of traffic. By br'eaklng the curb off Franlo and building an entrance will water from Franlo now spill into this new road? I mean this could potentially be a lot of water. And just where is this water to go. At the proposed point of entrance is where the peak of my hill is in my back yard. I really do not wish to add any more water problems to my property. My neighbors haVe expressed similar concems with both the added watershed from Franlo and also the watershed problems caused by the new buildings and blacktop. Y.D.-38 SEP-19-1994 11:09 FILe T SOFTtdARE CORP. 612 831 9245 P.02 M I Sit writing this letter I am looking into my neighbor's back yard and notice how even now in September hiS tree fort and slide are now under water. Just last year the planning commission approved the building of 40 townhouses on Eden Lake. And Just this summer the building has gotten under way. Do we even know how that development will effect the level of the lake? Adding all those buildings and blacktop has got to Increase the level of Eden Lake and cause problems for everyone living on the lake. When my fellow neighbors brought up their concerns at the meeting with the developer, the developer just seemed to dismiss these concerns stating that this property was zoned for even higher density. This did not answer the concern and It appeared as if he did not even carel My second concern surrounds the proposed roadway behind my home. The previOUS owner of this home had built a play ground in the northeast comer of my lot. What is the city code for distance for a two way road from another property? Is It just 15 feet'? When my wife asked the developer about the distance he said the road would probably be about 10 feet from my property. My wife told him that the plan stated 15 feet but he said the plan was incorrect. So just what plan has he submitted to the planning commission? The developer also said the grade was within code (7%). Who Is he fooling, the grade is really steep back there. If fill were to be brought in I am sure he could make the grade 7%. But adding this fill would then cause the watershed problem to increase. What concerns me most though Is the attitude of this developer. He seems to have answers to every question but does not seem to care about the affect of this new development on the rest of the neighborhood. I am concerned that what he may be presenting to the city as his plans may not be the way he is planning to build this development. For example, what can we do if he decides to put this new road on my property line? I heard that Eden Prairie lot sizes at one time were 1 acre lots. Seems to be a shame to cram 4 townhomes on lots of 55' X 17r1. What are the city codes for distance from property line to a townhome? According to the plan we have seen it looks like he is planning on a townl'lome 10' from my neighbor's property line. What is the city ordinance on tree removal? Does he need to replace the trees he Is planning to remove with his development? What about the DNR and wetlands? Has the DNR looked at his plan? I suppose this will end the sighting of deer in my back yard. How sad. You know we just voted to save other woods in Eden Prairie. seems that Is something that Is Important to the Eden Prairie residents. What about the traffIC coming In to this development at night? Will their head lights pierce the darkness and shine through our windows? The developer said he is planning 3 9' pine trees at the entrance. Will this be sufflent? Has anyone considered the road coming in from the other directton? With the development of those 40 townhomes an extension off their road would seem to be a less disruptive SOlution. The proposed property for this development has not been maintained and is overgrown with tall grass and rubbish (old tires, plywood. etc.). Why has the owner of this property been given preferential treatment and not asked to maintain this property H In fact it is now deemed buildable? I know that the Stone's property had to be maintained before it had a buIlding on it When I called the city on this property they told me it was unbuildable and okay to let grow Wild. If this developer does not get his plan approved or decides not to build. can the city now enforce that the owner clean up and maintain hiS property? I would like to have an opportunity to discuss these Issues with you before the September 26th meeting. I know my fellow neighbors would be happy to discuss their issues with you as well. I did attempt to reach you last week to no avail. But time being of the essence I would like to schedule an onslte meeting with you ASH'. Please call me at your earliest convenience. My work number is 831-9233 and my home number is list above. Hope to meet you soon. Sincerely, Jon and Solveig Englund -sT.D, -39 TOTAL P.02 PHONE NO. ~ STATE OF ~~[§~©U~ DEPARTMENT METRO WATERS -1200 772-7910 OF NATURAL RESOURCES WARNER ROAD, ST. PAUL, MN 55106E 0 FIL N . September 12, 1994 Mr. Michael Franzen city of Eden Prairie Community Planning Department 8080 Mitchell Road Eden Prairie, MN 55344 RE: LAKE EDENVIEW TOWNHOMES, PUBLIC WATER WETLAND 10-1011W (EDEN LAKE), CITY OF EDEN PRAIRIE, HENNEPIN COUNTY Dear Mr. Franzen: We have reviewed the site plans (received September 7, 1994) for the above-referenced project (Section 14, Tl16N, R22W) and have the following comments to offer: 1. The si te does not appear to be wi thin a shoreland or a floodplain district. 2. It is not clear from the plans whether the project is located on Upper Eden Lake or Lower Eden Lake (27-1011W). Upper and Lower Eden Lake are separated by a weir. Upper Eden Lake is not under DNR jurisdiction. Lower Eden Lake is also called Public Waters Wetland 27-1011W. Any activity below the ordinary high water (OHW) elevation, which alters the course, current or cross-section of Public Waters Wetlands, is under the jurisdiction of the DNR and may require a DNR permit. No official OHW has been established for Lower Eden Lake. Please contact this office if there is any question about whether proposed activities will be within Lower Eden Lake and we can make arrangements to estimate or officially determine, if necessary, the OHW. You should be aware that the project may be subject to federal and local wetland regulations. The Department may provide addi tional comments on the proj ect through our review of applications submitted under these other regulatory programs. 3. It appears that most of the stormwater is routed through settling basins, which is good. We would object to having the stormwater routed directly to Eden Lake. 4. The August 25, 1994 letter from Orrin Thompson Homes states that the lowest levels of the townhomes will be at least 2' above the 100-year flood elevation, which is good. The work that is done for this project must comply with the floodplain regulations of both the city and the Riley-Purgatory-Bluff Creek Watershed District. II -:sr.D. -,a AN EQUAL OPPORTUNITY EMPLOYER Mr. Michael Franzen September 12, 1994 Page 2 5. The following comments are general and apply to all proposed developments: a. Appropriate erosion control measures should be taken during the construction period. The Minnesota Construction site Erosion and Sediment Control Planning Handbook (Board of water & Soil Resources and Association of Metropolitan Soil and Water Conservation Districts) guidelines, or their equivalent, should be followed. b. If construction involves dewatering in excess of 10,000 gallons per day or 1 million gallons per year, the contractor will need to obtain a DNR appropriations permit. You are advised that it typically takes approximately 60 days to process the permit application. c. If construction activities disturb more than five acres of land, the contractor must apply for a stormwater permi t from the Minnesota Pollution Control Agency (Scott Thompson @ 296-7203). d. The comments in this letter address DNR -Division of Waters jurisdictional matters and concerns. These comments should not be construed as DNR support or lack thereof for a particular project. Thank you for the opportunity to comment. Please contact me at 772-7910 should you have any questions regarding these comments. Sincerely, ~[L~ /' Joe Richter Hydrologist JGR/cds c: Riley-purgatory-Bluff Creek WSD, Robert Obermeyer u.S. Army Corps of Engineers, Joe Yanta city of Eden Prairie Floodplain File 3[. D. -4l Minnesota Calls Us Home August 25, 1994 Eden Prairie City Council, Planning Commission Parks, Recreation & Natural Resources Commission City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 AUG 26 1994 CITY Of EDEN PRAIRIE Re: Rezoning to RM 6.5 and Preliminary Plat for Lake Edenview Townhomes Ladies and Gentlemen: Attached for your review and approval is our request for rezoning and preliminary plat of a small 2.6 acre parcel located one block south of Prairie Center Drive on Franlo Road. We are proposing to construct four twin homes on· this site identical to those being built in our Dellwood project on Pioneer Trail. The units are ramble, walk-out style with 1600-1800 square feet on the first floor. This nice amenity site, in close proximity to the .Major Center Area, is a great location for the lifestyle that wants one level maintenance-free living. The current zoning on this parcel is Rural, and the Guide Plan designates a . commercial land use on the west portion and a residential use on the east portion. These parcels are part of the Major Center PUD and have been included in all the planning and the numerous RIng Road and utility assessments for the Center Area. The surrounding land use on the south is City park (Lake Eden) and single-family detached. The new Eden Lake Townhomes are to the west. This site and the single-family homes to the north and east were recommended in the Major Center PUD for high-density residential use overlooking Lake Eden. At 3.0 du/acre we are proposing a much lower density that is similar in scale and character to the adjoining detached homes; yet this transitional use is sheltered by the land form and wooded slopes from the potential higher density residential further to the north and east. This site has been assessed for trunk sewer and water, sub-trunk sewer, water and storm, Franlo Road collector, Prairie Center Drive and has lateral water and sewer to its property line. The units are tucked in at the base of the wooded slope to Franlo Road is served by a private road. A public cuI de sac would consume too much of the site with its ROW, setback and street width standards and is not necessary to serve only 8 units. An alternate use could front units on Franlo Road, but that would require an enormous amount of fill and would destroy the existing steep wooded slope. The only reasonable access to the site is as shown. There is a small wetland area in the southwest corner of the site that is not disturbed. All units have lowest floor elevations 2 feet or more above the 100 year flood elevation of Lake Eden. Tree loss is 66" of the 458" total, or 14%. Significant tree loss and RM 6.5 landscape 8421 Wayzata Blvd. • Suite 300 • Golden Valley, MN 55426 • 544-7333 - requirements total 55 inches of replacement trees and is accomplished with screening adjacent to the detached homes to the south and the north. The housing development to the south anticipated a transition use for this site and constructed a berm along their north property line. This berm has buffer landscaping planted by the homeowners. All lots exceed the square footage requirements for RM 6.5 zoning. An owner association will maintain the private street, landscaping, lawn areas and building exteriors. We feel that this project provides a high quality tranSItIon use to an infill parcel and would be a nice addition to Eden Prairie. We urge your prompt and favorable consideration. ID.-Y3 DATE: 11101194 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Public Hearing ITEM NO: r. £ DEPARTMENT: ITEM DESCRIPTION: Engineering Division V AC 94-09 -Vacation of part of the right-of-way for West 82nd Street David Olson Recommended Action: Staff recommends that the City Council take the following action: Adopt the resolution vacating the right-of-way for West 82nd Street as dedicated on the plat of Hathorne of Eden Prairie. Overview: The plat of Hawthorne of Eden Prairie includes the replatting of West 82nd Street. No public utilities are located within this right-of-way and the roadway is now aligned through the plat. To complete the platting procedure, it is now appropriate to vacate the underlying right-of-way. Supporting Information: Vacation Drawings Item No. /I. £. I b_ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA VACA nON OF PART THE RIGHT-OF-WAY FOR WEST 82ND STREET RESOLUTION NO. VAC 94-09 WHEREAS, the City of Eden Prairie has a certain right-of-way described therein as follows: That part of 82nd Street West, as dedicated on Hawthorne of Eden Prairie, according to the recorded plat thereof, and as described in Document Number 4783335 recorded in the office of the County Recorder, Hennepin County, Minnesota, lying easterly of the following described line: Commencing at the Northeast comer of the West One-Half of the Southeast Quarter of Section 18, Township 116, Range 22; thence North 88 degrees 54 minutes 34 seconds West, along the north line of said 82nd Street West, a distance of 187.34 feet to the actual point of beginning of the line to be described; thence southeasterly, along a non-tangential curve, concave to the southwest, having a central angle of 16 degrees 51 minutes 49 seconds, radius of 225.00 feet, and arc length of 66.22 feet, the chord of said curve bears South 58 degrees 23 minutes 56 seconds East, and said line there terminating. WHEREAS, a public hearing was held on November 1, 1994 after due notice was published and posted as required by law; WHEREAS, it has been determined that the said right-of-way is not necessary and has no interest to the public, therefore, should be vacated; and NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said right-of-way as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A.412.851 ADOPTED by the Eden Prairie City Council on November 1, 1994. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, City Clerk Item No. V~ £, ;L, ~78T11 ST. -, \. T. .... 5 o f'I'I r r W.82nd .ST. L a CAT I 01\.1 ., MAP ----_. II. ~. :J • 7), :? VAC .'14--Oi:f ~ ~ ~ ::-> , \\ -,~\-- \ ' I r NW Cor. of ths £ 1/2 I of the Sf 1/4. Sec. 78, / Twp, 116. Rg8. 22 ---~~'5¥/LU/~ '----~ -1>,\:>?~.j' -. ,-----'1i37---7 / 3 /,":> h# /.:t v '-~V'>o~.j' '.j'~ " 0 '0 " ~ ... 0 """ o~ ~ \. "-'\ ~-.. ~. ') / ,,/ \\ ,- " 29°45'461# W \/ 51.51 ,-,':,---/ /" tlt:/". " 9 yo .-. /. .-,/ 0" Z ,,'/'" ~ 6' 6j .e8 .... ( I I I I I I .'''/ I .' / " " ("' ~, ,. ,( ~ ," \.) // ~ , .•. " I /.~ " I / / ...\. / ~ "'.... '/ f I; r I t-' .. ,J t' ".,--1 ,) I . ,I. ',I \" /) . ... ,...'1 / "<) \ ......... " ..... \ . \) ,,/ \ J I 0';'>" No 1211-1 c?~. ~ > '" -() I ~ (1 L ~) 'f ( ~ ~ - ~~ ~ .,. ,; t> II) ~ toj II) III !:. , G ~ . . ~ ~ ( ~ ~ q. ~" I ~ ~ -. t' ~ I Y' I". ~~~ rn: .,,,,,1 /t\ry \ /<,~9 ,...-\/ ~ , ~ Iv I r-CASCADE " DRIVE I 543.25 4 r north limJ of the £ 1/2 I of th~ SE 1/4, StlC. 18 3 • • ,:>':> ~ z. ,. -4 ,'). \,1 N 94-09 DATE: 11101194 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Public Hearing ITEM NO: V. f DEPARTMENT: ITEM DESCRIPTION: Engineering Division VAC 94-10 -Vacation of right-of-way for part of Technology Drive David Olson Recommended Action: Staff recommends that the City Council take the following action: Adopt the resolution vacating the public road right-of-way for part of Technology Drive in Section 16. Overview: The construction and final alignment of Technology Drive has now been completed and the described vacation is the result of alignment revisions since the original right-of-way was provided. A drainage and utility easement will be retained over the entire vacated area to protect existing public and private utility systems. Supporting Information: Vacation Drawings Item No. /f, f. / VAC 94-10 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. VACATION OF EASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY FOR PART OF TECHNOLOGY DRIVE IN SECTION 16 WHEREAS, the City of Eden Prairie has certain easement for public road right-of-way described as follows: That part of the permanent easement for public road right-of-way described in document number 4761105, recorded in the Office of the County Recorder, Hennepin County, Minnesota, described as follows: Commencing at the Southeast comer of said Lot 2, said Southeast comer being the actual point of beginning, thence; North 1 degree 27 minutes 12 seconds East, along the East property line of said Lot 2, a distance of 26.62 feet, thence; South 75 degrees 54 minutes 36 seconds West, a distance of 342.91 feet, thence; along a tangential curve concave to the North, central angle 17 degrees 03 minutes 54 seconds, radius 681.20 feet, a distance of 202.89 feet, to the West property line of said Lot 2, thence; along said West line bearing South 1 degree 27 minutes 12 seconds West, a distance of 79.70 feet to the Southwest comer of said Lot 2, thence; Northeasterly along the South property line of said Lot 2, a curve concave to the Southeast, central angle 5 degrees 28 minutes 51 seconds, radius 5829.58 feet, a distance of 557.65 feet to the actual point of beginning and there terminating. WHEREAS, a public hearing was held on November 1, 1994 after due notice was published and posted as required by law; WHEREAS, it has been determined that the said easement for public road right-of-way does not serve a public function and therefore can be vacated; and to the public, therefore, should be vacated. WHEREAS, public and private utilities have been installed and are presently operated and maintained within the right-of-way, an easement allowing governmental and utility company personnel and equipment to enter upon the vacated right-of-way to maintain or construct additional facilities needs to be retained. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said easement for public road right-of-way as above described are hereby vacated, subject to a permanent drainage and utility easement being retained over the entire parcel. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851 ADOPTED by the Eden Prairie City Council on November 1, 1994 Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, City Clerk Item No. II. f. 2. • ..! "'!~ , , '_ .. ., lElH?.L I~ <::) -I Qt J) ~ 'J G . \..i.1 )) \,) 2) ~ J' J r • ........ 'J ........ ',,, , --..::. l. i " ~ l" 0 ~-1 .. ...:: k v-t.,.~ ";:::;! ~ III ~ K: \, <::S ~, ~ 'J ~ .. , <" ....... \ I ~ -. """ -. 4.J ~ I' \ \ , , , .... :. ... ! F-:N8S 0 :A2. '·48".W ." ·~ZG2.~lB , \ \ \ W ~ N r-- N 0 - :z ,"- 1': !KV;' \....U· , C'J N ~ ll) ~ I , LOT 2 IruDLlS-r e..tAL- ADDITION 1&'0' WI -N -o<J i'-. NlD o --9 -<:J RXGaH T -OF-WAY ~A>EMri"'lr /0 Be: VAt;A7E"D N 94-10 DATE: 11101194 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Public Hearing ITEM NO: V. C; DEPARTMENT: ITEM DESCRIPTION: Engineering Division VAC 94-11 -Vacation of right-of-way for part of West 82nd Street David Olson Recommended Action: Staff recommends that the City Council take the following action: Adopt the resolution vacating part of the right-of-way for West 82nd Street Overview: The final plat of Hawthorne of Eden Prairie establishes a relocated alignment for West 82nd Street. The southerly part of the old alignment is replatted by the Hawthorne Additions further described in Vacation 94-09. This vacation is for the northerly part of the same right-of-way segment. No public or private utilities exist within this right-of-way. Supporting Information: Vacation Drawings Item No. /I. G. / VAC 94-11 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. VACATION OF PART OF THE RIGHT-OF-WAY FOR WEST 82ND STREET WHEREAS, the City of Eden Prairie has certain right-of-way described as follows: That part of West 82nd Street located in Section 18, Township 116 North, Range 22 West, Hennepin County, Minnesota lying 16.5 feet northerly of and parallel with the south line of the Southwest Quarter of the Northeast Quarter of said Section and 187.34 feet westerly of the East line of the Southwest Quarter of the Northeast Quarter of said Section. WHEREAS, a public hearing was held on November 1, 1994 after due notice was published and posted as required by law; WHEREAS, it has been determined that the said right-of-way is not necessary and has no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said right-of-way as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851 ADOPTED by the Eden Prairie City Council on November 1, 1994 Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, City Clerk Item No. /I~ b;. 2. ......... . . . . . . . . . . . . . . c '" r-r- W.82nd .ST. LOCATICN VAC:: .'1 4--r I ~s vi 1,\ D~ -tJ1~ rJ G 'l'''~\ I a ~-r, I} (P -R .tt . ~ c..t--. v ..... RJ;6i HT -OF -\VA Y 10 BE"· VAcAT):O --(---_._-.•. -------.-----. ----.... _ ... _ .. I --________ J.J::.~~.L£Y.~M...t~. L --/l/W Qf ex. 82M Sf r NW Cor. of the--rlji . L" fS"UmL'N£ II( '0 be vrod«<I . -\ " ollhe S£ 1/4. Sec. 18. r CASCADe __ 'Ii. 82Nt> · "TOP, 116. Rg •. 22 / DRI V£ __ I on --... N 88°54'34" W I 1 ~ sr. w. ~----18z.i4---------------7 .', 717 . .17 I __ _ ~ ~ __ 3 I~C) ----~.... "... ' /<,\. ~ '>~oti>~'..t.s-', 1 ... ""OF :o~ " o , ""'.. '\ ....... r----- ~ /' ". I N 29°45'46" W //' (" (' .... • ~rvv " q II;) r J • I -/. ~-..I .... / ,;> I ~ I ~ ~ i-0" .... ~;';. "Jf.'J ... 2 {~ (' ,('.... \ I . \D_ . v ./ . __ "7 J ' \..... ~ ~ 0" \-1 ~~ ~ o 0/ 0 ~. v" ~ ~ ~: -/ ~ s~ ~ 1'5 :c:: \~ \~) ~_\'4> .... ~ ~ -V 94-/1 CII ~( L \f.v,~/. AC. ~--&:: --- '" DATE: 11/01194 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Public Hearing ITEM NO: 1/, H DEPARTMENT: ITEM DESCRIPTION: Engineering Division V AC 94-12 -Vacation of a Temporary Easement for part of Dell Road David Olson Recommended Action: Staff recommends that the City Council take the following action: Adopt the resolution vacating a temporary easement for part of Dell Road located in Section 6. Overview: Document Number 5197376 describes an easement for a temporary roadway connection for Dell Road and West 62nd Street. The recorded plat of Hidden Glen 3rd Addition provides sufficient right-of-way for the permanent connection presently being constructed and the temporary easement may now be terminated. Supporting Information: Vacation Drawings Item No. jI,;;: I I ! VAC 94-12 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. VACATION OF A TEMPORARY EASEMENT FOR PART OF DELL ROAD LOCATED IN SECTION 6 WHEREAS, the City of Eden Prairie has a certain temporary easement described as follows: A temporary easement for roadway purposes over and across all that part of Lot 20, Block 6, Hidden Glen 3rd Addition, Hennepin County, Minnesota, lying northwesterly of the following described line: Commencing at the Northeast comer of said Lot 20, Block 6; thence south 86° 52' 4" West along the North line of said Lot 20, Block 6, a distance of 1075.00 feet to the point of beginning of the line to be described; thence South 47° 43' 23" West, a distance of 29.63 feet to the West line of said Lot 20, Block 6, and said line there terminating. Said easement is recorded in the Office of the County Recorder as document number 5197376. WHEREAS, a public hearing was held on November 1, 1994 after due notice was published and posted as required by law; WHEREAS, it has been determined that the said temporary easement is not necessary and has no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said temporary easement as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851 ADOPTED by the Eden Prairie City Council on November 1, 1994 Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, City Clerk Item No. //, II, 2. ntrrrh M -----1\1 + _ OR-if , ... ~ , ~ r. L-Oc..A7:LO N MAP VAC.. 94-I z. 20 ( 23) "34 5.01 !g ( 22) '" Pl ui ~IO) t-" ~I 52 ~ 14 ( 47) No{lTH 10 ~I ~ ~I 8 I (43)~ (42)~(41)~ 79 7 11 VAC. 9,4~ IZ DATE: 11101194 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: II, r SECTION: Public Hearing DEPARTMENT: ITEM DESCRIPTION: Engineering Division VAC 94-13 -Vacation of part of the Right-of-Way for Prairie Lakes Drive David Olson Recommended Action: Staff recommends that the City Council take the following action: Adopt the resolution vacating part of the right-of-way for Prairie Lakes Drive located in Prairie Lakes Business Park. Overview: Replatting of Prairie Lakes Business Park to the Hartford Place proposal includes extension of Prairie Lakes Drive and elimination of the cul-de-sac in its present location. The right-of-way requested for vacation will become a part of the new plats and right-of-way for the extension of Prairie Lakes Drive will be dedicated. Supporting Information: Vacation Drawings Item No. r.:r. J VAC 94-13 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. VACATION OF PART OF THE RIGHT-OF-WAY FOR PRAIRIE LAKES DRIVE WHEREAS, the City of Eden Prairie has certain right-of-way and drainage and utility easements described as follows: The part of Prairie Lakes Drive, as dedicated in the plat of Prairie Lakes Business Park, which lies southeasterly, southerly, and southwesterly of the following described line: Beginning at the most northerly comer of Lot 6, Block 1, said Prairie Lakes Business Park; thence South 53 degrees 50 minutes 57 seconds West, assumed bearing, along the Northwesterly line of said Lot 6 and its southwesterly extension, a distance of 484.35 feet; thence Northwesterly, a distance of 40.81 feet, along a non tangent curve, concave to the northeast, having a radius of 107.28 feet, central angle of 21 degrees 47 minutes 48 seconds and a chord bearing of North 48 degrees 46 minutes 54 seconds West; thence North 37 degrees 53 minutes 00 seconds West, tangent to said curve, a distance of 44.36 feet and said line there terminating. WHEREAS, a public hearing was held on November 1, 1994 after due notice was published and posted as required by law; WHEREAS, it has been determined that the said right-of-way is not necessary and has no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said right-of-way as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851 ADOPTED by the Eden Prairie City Council on November 1, 1994. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, City Clerk Item No. J/, I, l, ·.-... . :-,- ~ .. m~n B3 ~~~ -mlm" , : [lll'm ;..... ., ~:..-.j ,··r· > .... A'..!~J· -'..-. ,.,., INE L.OCAT:I.ON .cr--.--SI -r ~ V. 7: .. '? " <.l "J''' , -:~<I) -) ~ tOO',%';' 129 ~ :.:... -'N • < inL \' \' \I ~ ~ R=170.00: I ~ g \ _' ('\ .... 6.1;:,~ .13 -: ~, .. ,1; \ '!"o A=68.J2. Ii \1(1) /,," \ \. 10' LIlY 1.1 b 10 '\..=> \ ' , Lot 3 '\ ~o. 0=2Z57J5~\a: \~ \' /' ()t3 ~\ ..r~~NI ~"" I ~, '\~?-, \ 22657 SF ~ /" \ \ -/' -", \~::),. \ \ (" ~-~---'-1 ~~/~ ~-- '<5' / .. ,,' \ \' V -\ \ 0 -" ~ 1-'l:? '" V "f .. 0.0 '" \ \ ~\ • ./ /\ \ f~ 10 0' ~ 't,>,\ ~" .... J'1/80. \\ \~ \'1-'1-~~ /' -\ \ ~~ Lot 24 I 2"",1 0::1 "=>6'.\ \ /.;" ~'~J' \ \ \:" ~ .... ~\.~ /' \~ «:~ 18049 SF CI) :}~ ... " /~.'. / \ ' • .)..\ '}:-' ,/' \cP\ ~:.\ J I., ""' , ,/ _.~v ~ ',0 " .~\ 10 • -~ \ / ,,)'5 ",,!" /' \ \: \ /' 'N: r, 0=67'09'2, " ~, ~ ':\ Lot 25 \ \ ~, -43:90'r"~ , /"/ '/ '\ I U' , \' 16368 SF J \ \ \' ~ -1:37 is ' , " / oS ?' ____ -. I , lot 2 ~ ,-,-' , ,.... ~ '" \ \ \ I ".: V \/ 16014 SF ~ ,~<j"'" " 'V:~. '<5'6'. '-----\ ~R"'68~ i~'-' / ~~' " . 5" U' '\ 09. " --\ J(''''6/'~ .0.. .... .0. ,\'i-// oS .' ~ I -----," _5')9'2 " 0."50. .... ~oS' \ '? ~, '0;-;£ ~,," ~ "'O~. '\ ~\~ ~ ~'\5'~,:-,;::-, rli=SJ ~<I'':>~;"'K!''~ /-- '<5'6'~ .9. \ .:%¥/ / \ ~6'O~· ~<5' '~~~~~~:Vf."';-----=;",j)"i~"--/ ~'O / \~'?u'.:>. \./ ~; ,~/ \ ~ ~rj. ~ "", ~ p~:;UR/ J , ,-__ ~~~ / ,,, ~ ~ ~ ".>'A.~ ,---, -"l /' \ /' Lot 1) ',' ;G!'.D .. '2."5' 10.7.,'" " O",XOi'), \ lot N , \ ' . ,,. \ R",4 . \ , / . ~ " 9 ~ ~ / '. ~"j -,'----\ \ ',\. \. 1~~':'~1 ~O .. b.1'O~:1-~'" ~ ---Lot 17 \ f' \ ',,\. ... \ / L~(5~O ~PO'/~\ .... \~\~ \. lot 18 \ \~\ 18177 SF ~ .. ~cn..,--"'~~~ V ~/l ~ " / _ ~ , '\) .. '1-/' ~ 16123 SF· \-l\... _ -~-:.. OFF:fC~ US;~ ',,~6'. ..~~'i-~ // C4 _ /' \ \ \ _ j~~~ -,--~.~ " ":\ ... ·5 ... / ~ !:S~\?!JO ~ VI ~ cP~' ~ '" qf ~ -0.0 S ~" \ \ 6'\,.., --'<:?. ~. _-'L-- " ~,~'}; / ,,' Lot 19 .. ,... • _---\ '0 ,,:-tic~ -'"\ \ 17510 SF ,....>~..,.~ .. ;. 1 __ j:~ONS£.R\JA·nON \ ,.' .... '!)"? ~v / \ 6'. IA __ \ C , ~ ~'~ \ \ \' ",- v-I"'. 4',..1" ft<' / \ 1-/' ~ "" \ ~1. I:" ' \~ ~", ,-I' / .. v. \./'" 40 00' "" \ _~'-J Vi \ Lt20 dlu' . "" " \ 0 0 6'.... ' _ ____ ~-----~/~/ ~ 17034 SF ') '..:l~.~. )"".\ ,,4-.81. \-~ " I, .... "" j' ~ ____ ---' /, .... "" . 52.4--,9,,4 ~ , -' _0=5'20'40·' / ~ \ _ ,,-S~, S 09" , ----____ A=12.20' I" /' \..-'" ~ \ ; ----R=130.B2:-· v' ",,"" \ " _ /<\ \ \ ---' <") \'-• , ", 60 00' ' -' ' v 1-", . c:""")~ \ , vP'~6$, oS",.? """,,'" '\ \ ~()J.~()"" '. \ , _ ..=>~,.., "". ~ 'r.:\ \ \ -. ,. "" \ \ \ -<¢ _,-?AV \ ", \' \ \ -<~.Y ____ . \' . \ ........ ,-~': • ~ '\ \ I e: )( IST:L "If=; 0-- _----'" '01/'iS~\ \ '-\ ~ -____ " ""s 'l! \ \ \ , ,,~ \ \ '~. . " , -"" \. \. ',-_-:- , , \ -Ra:G1.':I T -OF -WA'(J," '''"' \ \ _~,' .' "":.' ~\; . A'. B \., , .., '/' \. ',.:.':: '';._/()'.:'' e VAf~Tt:..p. :.' '\.' '., '. ',' . y lJ;iJ,;2~ .. · ;;.:' ~: .' . \;~g: . !:.:,X~:<'~; ;.;,::...~?':"~Z;·;;.',~ :', ........ ~\, :,~:·.k«'. , .-..y. .... 1"=' ~,(" (:::, -#."'" '7 . - -0-"---- . ' VAC, CJ4-13 DATE: 11/01194 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Public Hearing ITEM NO: V. J. DEPARTMENT: ITEM DESCRIPTION: Engineering Division V AC 94-14 -Vacation of Drainage and Utility Easements on Lots 2 and 3, David Olson Block 1, City West Business Center Recommended Action: Staff recommends that the City Council take the following action: Adopt the resolution vacating part of the drainage and utility easements on Lots 2 and 3, Block 1, City West Business Center. Overview: The replatting of Lots 2 and 3, Block 1, City West Business Center into City West Acres requires the elimination of the underlying drainage and utility easements. Replacement easements will be dedicated on the new plat coinciding with the revised lot lines. Supporting Information: Vacation Drawings Item No. V. J. I VAC 94-14 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. VACATION OF DRAINAGE AND UTILITY EASEMENTS IN CITY WEST BUSINESS CENTER WHEREAS, the City of Eden Prairie has certain drainage and utility easements described as follows: The drainage and utility easements as platted on Lots 2 and 3, Block 1, City West Business Center, recorded in the Office of the County Recorder, Hennepin County, Minnesota. WHEREAS, a public hearing was held on November 1, 1994 after due notice was published and posted as required by law; WHEREAS, it has been determined that the said drainage and utility easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as above described are hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851 ADOPTED by the Eden Prairie City Council on November 1, 1994 Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, City Clerk Item No. JI. j, Z ::z: \- ~--_rL-""'~ () 2. ~ Q'CIOl:i I·' ~ ' ... u. \ '\I'. " ,~-.. \\J GH£ ',J\i'''\ .. ,,, -. ~ ~ ~ ....... '-: • .. . ~ ;-~ ... , .:.( :c .. ~ ,~ ... , !;', J [ V. J. 1 0:: W ~ Z W U (f) (f) w z (f) ::> (D >-~ u e.r-: DATE: CITY COUNCIL AGENDA , ~I~ . NOVEMBER 1, 1994 SECTION: • DEPARTMENT: ITEM DESCRIPTION: ITEM NO. FINANCE VEPT PAYMENT OF CLAIMS VI CHECKS NUMBER 25631 THRU 25981 , . . , - ActionIDirection: . , NOVEMBER 1, 1994 VI 25631 IPMA-MINNESOTA CHAPTER CONFERENCE-SAFETY DEPT. 9.00 25632 CHANHASSEN DINNER THEATER TICKETS-ADULT PROGRAMS/FEES PAID. 144.00 25633 UNIVERSITY OF MINNESOTA CONFERENCE-EQUIPMENT MAINTENANCE. 45.00 25634 NATIONAL FITNESS ASSN INC CONFERENCE-AQUATIC FITNESS SUPERVISOR. 115.00 25635 MEBB CONFERENCE-BLDG INSPECTIONS DEPT. 40.00 25636 UNIVERSITY OF MINNESOTA CONFERENCE-STREETMAINTENANCE. 50.00 25637 PETTY CASH-POLICE DEPT EXPENSES-POLICE DEPT. 14.68 25638 GOVERNMENT TRAINING SERVICE CONFERENCE-FINANCE DEPT. 190.00 25639 EDEN PRAIRIE FIRE RELIEF ASSN 94 STATE AID FOR FIRE PENSION. 128147.00 25640 MN DEPT OF LABOR & INDUSTRY APPLICATION FEE FOR BOILER EXAM~ATER 30.00 PLANT. 25641 MN DEPT OF LABOR & INDUSTRY APPLICATION FEE FOR BOILER OPERATOR EXAM-20.00 WATER DEPT. 25642 MN DEPT OF LABOR & INDUSTRY APPLICATION FEE FOR BOILER OPERATOR EXAM-20.00 WATER PLANT. 25643 NORTHERN STATES POWER CO SERVICE. 28435.16 25644 U S WEST CELLULAR INC SERVICE. 680.24 25645 U S WEST COMMUNICATIONS SERVICE. 4448.91 25646 STATE OF MINNESOTA VIDEO CASSETTE-ADMINISTRATION DEPT. 17.93 25647 CIRCUS PIZZA TICKETS-SPECIAL TRIPS & EVENTS PROGRAM/ 314.82 FEES PAID. 25648 DIAMOND T RANCH TICKETS-SPECIAL TRIPS & EVENTS PROGRAM/ 726.00 FEES PAID. 25649 LISA ROWE SERVICE-MEETING FACILITATOR FOR 300.00 COMMUNICATIONS & RECOGNITION COMMITTEE. 25650 BEST BUY BOOM BOX-FITNESS PROGRAM. 74.53 25651 WATER ENVIRONMENT FEDERATION VIDEO & RESOURCE GUIDE-ADMINISTRATION 51.75 DEPT. 25652 COMFORT SUITES HOTEL SCHOOL LODGING-POLICE DEPT. 123.76 25653 WAKOTA CAER CONFERENCE-CIVIL DEFENSE DEPT. 40.00 25654 MINNESOTA BOOKSTORE ENERGY CODE BOOKS-BLDG INSPECTIONS DEPT. 51.04 25655 NORWEST BANKS MINNESOTA N A PAYROLL 10-14-94. 88638.14 25656 BELLBOY CORPORATION BEER. 470.12 25657 DAY DISTRIBUTING COMPANY BEER. 5979.50 25658 EAST SIDE BEVERAGE CO BEER. 8523.10 25659 MARK VII DISTRIBUTING COMPANY BEER/BEER. 7302.30 25660 MIDWEST COCA COLA BOTTLING CO MIX. 404.52 25661 PEPSI COLA COMPANY MIX. 362.35 25662 THORPE DISTRIBUTING COMPANY BEER. 11677.45 25663 ANN ANDERSON REFUND-SKATING LESSONS. 2.00 25664 BARBARA BLOOM REFUND-END OF FALL COLOR HIKE-OUTDOOR 15.00 CENTER PROGRAM. 25665 GAYLEEN CLARK REFUND-HORSEBACK RIDING PROGRAM-SPECIAL 8.00 TRIPS & EVENTS PROGRAM. 25666 LAURA CORNER REFUND-SWIMMING LESSONS. 21.00 25667 BILL DICKMAN REFUND-END OF FALL COLOR HIKE-OUTDOOR 15.00 CENTER PROGRAM. 25668 SHARON GARBER REFUND-SKATING LESSONS. 52.00 25669 RICHARD GLOVER REFUND-BEYOND THE BASICS-MAC CLASS. 15.50 25670 LAURIE GOCHE REFUND-SNORKELING BASICS LESSONS. 50.00 28762480 NOVEMBER " 1994 1. NOVEMBER 1, 1994 VI 25671 SANDRA HALL REFUND-STANDARD FIRST AID CLASS. 25.00 25672 ASTRID JOHNSON REFUND-LUNCHEON & PLAY-SENIOR PROGRAM. 9.00 25673 GREGORY LARSON REFUND-RUFFLED GROUSE CLASS-OUTDOOR 5.00 CENTER PROGRAM. 25674 RON OSOWSKI REFUND-RUFFLED GROUSE CLASS-OUTDOOR 5.00 CENTER PROGRAM. 25675 LINDA PICKLE REFUND-TAE KWON 1)0 CLASS. 13.00 25676 J RAGAN REFUND-RINGLING BROS CIRCUS & BEFORE & 24.00 AFTER CARE-SPECIAL TRIPS & EVENTS PROGRAM. 25677 LISA ROCHAT-BOESER REFUND-SPIRAL WEAVING CLASS. 5.00 25678 CELESTE SCOLARO REFUND-GYMNASTICS CLASS. 4.00 25679 JAMES SMITH REFUND-RUFFLED GROUSE CLASS-OUTDOOR 5.00 CENTER PROGRAM. 25680 DAVE & SARAH SWARTOUT REFUND-RUFFLED GROUSE CLASS-OUTDOOR 10.00 CENTER PROGRAM. 25681 VOIV OUT CHECK . .fl.OO 25682 PETTY CASH EXPENSES-ADMINISTRATION DEPT/ENGINEERING 67.02 DEPT/BLDG INSPECTIONS DEPT/FIRE DEPT/PARK MAINT/SENIOR CENTER/ADAPTIVE RECREATION PROGRAM/WATER DEPT. 25683 JOEL ENTERPRISES NOZZLES/HOSE GUNS/WANDS & GUARDS-WATER 409.22 DEPT. 25684 OKEEFE CABINET & FIXTURE MFG DRAWERS REWORKED-CITY CENTER. 285.00 25685 TRACY/TRIPP FUELS DIESEL FUEL-EQUIPMENT MAINTENANCE. 4737.76 25686 HOPKINS POSTMASTER POSTAGE-UTILITY BILLING. 872.29 25687 BETH NILSSON SERVICE-SKATING LESSON DIRECTOR/FEES PAID. 9224.69 25688 SISINNI FOOD SERVICE EXPENSES-RETIREMENT PARTY/CITY HALL/ 1775.94 POLICE DEPT. 25689 AARP 55 ALIVE MATURE DRIVING DEFENSIVE DRIVING INSTRUCTOR/FEES PAID. 256.00 25690 CANADA LIFE ASSURANCE CO OCTOBER 94 DISABILITY INSURANCE PREMIUM. 2029.29 25691 CARVER COUNTY COURTHOUSE PAYROLL 10-14-94. 49.37 25692 CITIBANK-SOUTH DAKOTA-N A PAYROLL 10-14-94. 200.00 25693 FEDERAL RESERVE BANK PAYROLL 10-14-94 SAVINGS BONDS. 400.00 25694 GREAT-WEST LIFE & ANNUITY PAYROLL 10-14-94. 7909.00 25695 HEALTHPARTNERS NOVEMBER 94 HEALTH INSURANCE PREMIUM. 22881.52 25696 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 10-14-94. 240.46 25697 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 10-14-94. 298.00 25698 ICMA RETIREMENT TRUST-457 PAYROLL 10-14-94. 3925.53 25699 INTERNAL REVENUE SERVICE PAYROLL 10-14-94. 275.04 25700 INTERNAL REVENUE SERVICE PAYROLL 10-14-94. 32.00 25701 INTL UNION OF OPERATING ENGINEERS OCTOBER 94 UNION DUES. 1270.00 25702 MEDICA CHOICE NOVEMBER 94 HEALTH INSURANCE PREMIUM. 49392.72 25703 MN DEPT OF REVENUE PAYROLL 10-14-94. 200.00 25704 MN STATE RETIREMENT SYSTEM PAYROLL 10-14-94. 137.00 25705 MN TEAMSTERS CREDIT UNION PAYROLL 10-14-94. 25.00 25706 EXECUTIVE DIRECTOR-PERA NOVEMBER 94 LIFE INSURANCE PREMIUM. 225.00 25707 EXECUTIVE DIRECTOR-PERA PAYROLL 10-14-94. 125.00 25708 EXECUTIVE DIRECTOR-PERA PAYROLL 10-14-94. 39145.13 25709 PRUDENTIAL INSURANCE CO OCTOBER 94 LIFE INSURANCE PREMIUM. 3268.75 25710 UNITED WAY PAYROLL 10-14-94. 215.55 14991128 NOVEMBER 1, 1994 2. NOVEMBER 1, 1994 VI 25711 ILLUMINATING ENGR SOCIETY OF PUBLICATION-PARK PLANNING DEPT. 45.00 25712 MINNESOTA DEPT OF REVENUE SPECIAL FUEL LICENSE-EQUIPMENT 25.00 MAINTENANCE. 25713 MINNEGASCO SERVICE. 6579.88 25714 NORTHERN STATES POWER CO SERVICE. 13080.31 25715 CHRIS MILLARD SCHOOL ADVANCE-POLICE DEPT. 100.00 25716 U S POSTMASTER POSTAGE-PRECINCT MAPS-ELECTIONS DEPT. 2112.34 25717 GREG RUSH ENTERTAINMENT-TURN OFF VIOLENCE-SOCIAL 200.00 PROGRAJ.fS. 25718 GREG RUSH ENTERTAINMENT-HALLOWEEN PARTY-SOCIAL 150.00 PROGRAJ.fS. 25719 AIRSIGNAL INC SEPTEMBER 94 PAGER SERVICE-FIRE DEPT. 46.80 25720 U S POSTMASTER POSTAGE-NOVEMBER/DECEMBER 94 SENIOR 176.39 CENTER NEWSLETTER. 25721 LAVERNE ANDERSON REFUND-FOLLIES TRIP-ADULT PROGRAJ.fS. 17.00 25722 ELLEN DRISCOLL REFUND-GYMNASTICS LESSONS. 24.00 25723 VIOLET LAPPIN REFUND-FOLLIES TRIP-ADULT PROGRAMS. 19.00 25724 TUAN NGO REFUND-SWIMMING LESSONS. 21.00 25725 AMY MASCHE REFUND-SKATING LESSONS. 47.00 25726 BELLBOY CORPORATION WINE. 48.13 25727 EAGLE WINE CO WINE. 4811.23 25728 GRIGGS COOPER & CO INC LIQUOR. 21638.45 25729 JOHNSON BROTHERS LIQUOR CO LIQUOR & WINE. 35237.76 25730 PHILLIPS WINE & SPIRITS LIQUOR & WINE. 19009.23 25731 PAUSTIS & SONS CO WINE. 130.95 25732 PRIOR WINE CO WINE. 4603.35 25733 QUALITY WINE & SPIRITS CO LIQUOR & WINE. 12799.97 25734 THE WINE COMPANY WINE. 84.00 25735 KILLARNEY INC ENTERTAINMENT-HAYRIDES FOR TURN OFF 800.00 VIOLENCE EVENT-SOCIAL PROGRAMS. 25736 WES DUNSMORE ENTERTAINMENT-HAYRIDES FOR TURN OFF 80.00 VIOLENCE EVENT-SOCIAL PROGRAJ.fS. 25737 ANN ANDERSEN REFUND-SKATING LESSONS. 73.00 25738 GRETCHEN BRINK REFUND-SWIMMING LESSONS. 21.00 25739 JULIE HAFNER REFUND-SWIMMING LESSONS. 21.00 25740 CAL MORIYAMA REFUND-SWIMMING LESSONS. 18.00 25741 LISA OSTENDORF REFUND-SWIMMING LESSONS. 21.00 25742 STEPH PETERSON REFUND-SWIMMING LESSONS. 18.00 25743 A TO Z RENTAL CENTER AIR MOVER FAN RENTAL-CITY CENTER. 36.64 25744 A U S COMMUNICATIONS INC RELOCATE CABLES-POLICE DEPT/CABLES/ 582.80 MODULAR INSERTS-CITY CENTER. 25745 ADVERTISING INCENTIVES UNIFO~-LIQUOR STORES. 1821.50 25746 AIM ELECTRONICS INC SCOREBOARD REPAIR-COMMUNITY CENTER. 261.05 25747 AIRSIGNAL INC OCTOBER 94 PAGER SERVICE-COMMUNITY CENTER/ 42.08 STREET MAINTENANCE/PARK MAINTENANCE. 25748 JASON AMBORN SERVICE-FIRE CALLS. 678.00 25749 AMERICAN RED CROSS RESCUE MANIKIN RENTALS-POOL LESSONS. 143.78 25750 AMERICAN TRUCKING ASSN INSPECTION DECALS-EQUIPMENT MAINTENANCE. 100.28 25751 AMERICAN FINANCIAL PRINTING INC SERVICE-TYPESETTING-MN GENL OBLIGATION 462.74 EQUIPMENT CERTIFICATE OF INDEBTNESS. 12618766 NOVEMBER 1, 1994 3. NOVEMBER 1, 1994 VI 25752 AMERICAN INFANT CARE PRODUCTS CLEANING SUPPLIES-COMMUNITY CENTER. 62.00 25753 ANCHOR PAPER COMPANY COLORED COpy PAPER-YOUTH RECREATION 392.55 PROGRAMS. 25754 EARL F ANDERSEN & ASSOC INC DELINEATORS/SIGNS-STREET DEPT. 1157.87 25755 KEN ANDERSEN TRUCKING SERVICE-DISPOSAL OF WILDLIFE-ANIMAL 266.28 CONTROL DEPT. 25756 FRED G ANDERSON INC PAINT-CUHMINS GRILL HOMESTEAD 44.16 IMPROVEMENTS. 25757 ANIMAL INN BOARDING KENNEL CANINE SUPPLIES-POLICE DEPT. 61.75 25758 ASPEN EQUIPMENT COMPANY MAN LIFT REPAIR-EQUIPMENT MAINT/LIGHT 647.07 PLANT REPAIR-WATER DEPT. 25759 TIM ARLT HOLE PATCHING/REPLACED BLOCK-COMMUNITY 275.00 CENTER. 25760 ASSURED SECURITY INC LEVERSETS REPAIRED-CITY CENTER. 249.46 25761 B & STOOLS TAP/WIRE STRIPPER/WRENCHES/HIGH PRESSURE 390.80 WASHER PARTS-WATER DEPT. 25762 BAKER POOLS GUTTER LANE ROPE ANCHORS-COMMUNITY CENTER. 308.94 25763 S H BARTLETT CO INC SHOWER VALVE SPRING-COMMUNITY CENTER. 16.94 25764 JEFF BARTZ SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 136.00 25765 BECKER ARENA PRODUCTS INC SPREADER TOWEL/MOTOR-COMMUNITY CENTER. 336.01 25766 BELLBOY CORPORATION SUPPLIES-LIQUOR STORES. 527.06 25767 SCOTT BERG REIMBURSEMENT OF DIFFERENCE BETWEEN CLASS 19.00 A & CLASS C DRIVERS LICENSE-EQUIPMENT MAINTENANCE. 25768 BIFFS INC OCTOBER 94 WASTE DISPOSAL SERVICE-ADA 2911.18 PROGRAM/PARK MAINTENANCE. 25769 BLACK & VEATCH SERVICE-WATER TREATMENT PLANT EXPANSION. 20179.25 25770 BLEVINS CONCESSION SUPPLY COMPANY CONCESSION STAND SUPPLIES-COMMUNITY 563.60 CENTER. 25771 CITY OF BLOOMINGTON HEPATITIS B VACCINE-HUMAN RESOURCES DEPT. 35.00 25772 CITY OF BLOOMINGTON FALL BROCHURE GRAPHICS-ADAPTIVE 395.00 RECREATION PROGRAM/SEPTEMBER 94 KENNEL COSTS-ANIMAL CONTROL DEPT. 25773 BOBS LAWN & LANDSCAPE INC SEPTEMBER 94 MOWING OF BLVDS-STREET 250.00 MAINTENANCE. 25774 BRAUN INTERTEC CORPORATION SERVICE-RILEY LAKE PARK IMPROVEMENTS. 3763.63 25775 BROAWAY ,6h)ARDS TROPHIES/PLAQUES-ORGANIZED ATHLETICS 55.15 PROGRAM. 25776 PAUL BROWN SERVICE-FOOTBALL OFFICIAL/FEES PAID. 703.00 25777 NATHAN BUCK SERVICE-FOOTBALL/VOLLEYBALL OFFICIAL/FEES 255.00 PAID. 25778 BUMPER TO BUMPER EXHAUST PIPES-EQUIPMENT MAINTENANCE. 103.42 25779 BUREAU OF CRIMINAL APPREHENSION SCHOOL-POLICE DEPT. 160.00 25780 BUREAU OF CRIMINAL APPREHENSION SCHOOL-POLICE DEPT. 200.00 25781 BUSINESS MACHINES SALES & SVC TYPEWRITERS REPAIRED-POLICE DEPT. 80.00 25782 CAPITOL COMMUNICATIONS CABLES-EQUIPMENT MAINTENANCE. 421.74 25783 CARGILL SALT DIVISION SALT-SNOW & ICE CONTROL-STREET DEPT. 3668.65 25784 CARLSON COUNSELING & CONSULTATION SEPTEMBER 94 EMPLOYEE ASSISTANCE-HUMAN 400.00 RESOURCES DEPT. 25785 KEVIN CARLSON CONFERENCE EXPENSES-WATER DEPT. 13.26 3904877 NOVEMBER 1, 1 994 4. NOVEMBER 1, 1994 VI 25786 CENTRAIRE INC IGNITION CONTROL REPAIR-PUBLIC WORKS BLDG. 60.00 25787 CEMENT RAISING INC CURB RAISING-STREET MAINTENANCE. 2002.00 25788 CLARITY AUDIO SYSTEMS INC PAGING SPEAKER/CABLE-POLICE DEPT. 113.42 25789 BILL CLARK OIL CO INC GEAR LUBRICANT~ATER TREATMENT PLANT. 143.50 25790 JAMES G CLARK OCTOBER 94 CAR ALLOWANCE-POLICE DEPT. 200.00 25791 CLUTS OBRIEN STROTHER ARCHITECTS SERVICE-CITY CENTER POST CONSTRUCTION. 3903.00 25792 CM CONSTRUCTION COMPANY INC SERVICE-SENIOR CENTER REMODELING. 29332.00 25793 C02 SERVICES PROPANE & CYLINDER RENTAL-COMMUNITY 129.69 CENTER. 25794 CONCEPT MICRO IMAGING MICROFILMING-FINANCE DEPT. 363.80 25795 JOHN CONLEY REIMBURSEMENT FOR WILDLIFE PRINT 425.95 RETIREMENT GIFT-POLICE DEPT. 25796 CONNEY SAFETY PRODUCTS LIME GRIT BUCKETS~ATER DEPT. 439.82 25797 CONSOLIDATED PLASTICS CO MATS~ATER DEPT. 589.91 25798 CONSTRUCTION MATERIALS INC EROSION CONTROL BLANKETS-PARK DEPT. 398.84 25799 CONTINENTAL SAFETY EQUIP INC MINI HEATER GRABBER GLOVES-SAFETY DEPT. 48.89 25800 COPIES NOW PRINTING FORMS-POLICE DEPT. 123.36 25801 COpy EQUIPMENT INC MARKING STICKS-STREET DEPT. 27.16 25802 CORPORATE REPORT MN SUBSCRIPTION-ASSESSING DEPT. 29.00 25803 TODD CRAVEN MATERIALS FOR LIVING ROOM WINDOWS & 368.28 KITCHEN FLOOR-HOUSING REHABILITATION PROGRAM. 25804 CRYSTEEL DIST INC PUSH BUTTON ASSEMBLY-EQUIPMENT MAINT/SNOW 592.97 CATCHER KIT/CUSTOM TOOL BOX-STREET DEPT. 25805 CULLIGAN -METRO OCTOBER/NOVEMBER WATER SOFTERNER SERVICE-35.80 OUTDOOR CENTER. 25806 CUTLER MAGNER COMPANY QUICKLIME~ATER DEPT. 5037.11 25807 DALCO CLEANING SUPPLIES-FACILITIES DEPT. 68.05 25808 DANNYS MARKET EXPENSES-OKTOBERFEST-SPECIAL EVENTS 62.00 PROGRAM. 25809 DAY-TIMERS INC OFFICE SUPPLIES-FINANCE DEPT. 46.20 25810 DECORATIVE DESIGNS NOVEMBER 94 LIFE PLANT MAINTENANCE 365.85 SERVICE-CITY CENTER. 25811 STEVE PEDERSON DOORS/WINDOWS-HOUSING REHABILITATION 3406.39 PROGRAM. 25812 DEPARTMENT OF COURT SERVICES DISTRIBUTION OF THEFT PROPERTY. 870.00 25813 DERHAAG MOTOR SPORTS INC DRIVERS TRAINING-POLICE DEPT. 1530.00 25814 GARY DIETHELM GRAVE PREPARATION SERVICE-PLEASANT HILLS 150.00 CEMETERY. 25815 DIVERSIFIED INSPECTIONS INC LADDER TRUCKS INSPECTIONS-FIRE DEPT/ 2420.20 AERIAL LIFTS SAFETY INSPECTIONS-EQUIPMENT MAINTENANCE. 25816 DORADUS CORPORATION 4TH QUARTER 94 SIRENS INSPECTIONS-CIVIL 858.00 DEFENSE DEPT. 25817 DYNA SYSTEMS CABLE TIES/FITTINGS/TAPE~ATER DEPT. 716.47 25818 EASTMAN KODAK COMPANY COPIER MAINTENANCE AGREEMENT-CITY HALL. 402.43 25819 ECOLAB PEST ELIMINATION DIV OCTOBER 94 PEST CONTROL SERVICE-FIRE 186.22 STATIONS/SENIOR CENTER. 25820 EDEN INCENTIVES & PROMOTIONS PENCIL SETS-FIRE DEPT. 312.68 25821 EDEN PRAIRIE FORD FRONT PANEL-EQUIPMENT MAINTENANCE. 491.26 5625025 NOVEMBER 1, 1994 5. NOVEMBER 1, 1994 VI 25822 VOIV OUT CHECK . 0.00 25823 CITY OF EDINA AUGUST/SEPTEMBER 94 WATER TESTS-WATER 645.00 DEPT. 25824 EGGHEAD SOFTWARE COMPUTER SOFTWARE-COMMUITY DEVELOPMENT 273.89 DEPT. 25825 EKLUNDS TREE & BRUSH DISPOSAL SEPTEMBER 94 BRUSH DISPOSAL-FORESTRY DEPT. 1695.00 25826 ELVIN SAFETY SUPPLY INC EAR PLUGS-SEWER DEPT. 54.21 25827 CHRIS ENGER MEETING EXPENSES/OCTOBER 94 CAR ALLOWANCE-264.00 COMMUNITY DEVELOPMENT DEPT. 25828 ESS BROTHERS & SONS INC GRATES-DRAINAGE CONTROL PROGRAM. 302.46 25829 FEED RITE CONTROLS INC CHLORINE-WATER TREATMENT PLANT. 1602.50 25830 FLANAGAN SALES INC RUBBER SURFACE FOR PLAY AREA-MILLER PARK 15285.00 IMPROVEMENTS. 25831 FLEXIBLE PIPE TOOL COMPANY WATER GAUGES/TUBE CONNECTORS & HOSE/ 201.35 ELBOWS/NUTS-SEWER DEPT. 25832 TRACEY FOSSE SCHOOL-FINANCE DEPT. 149.00 25833 G & K DIRECT PURCHASE UNIFORMS/MATS & TOWELS-STREET MAINT/ 931 .40 EQUIPMENT MAINT/PARK MAINT/UTILITIES DIVISION. 25834 GARTNER REFRIGERATION & MFG INC ICE PLANT REPAIR/VIBRATION ELIMINATOR 6868.13 REPAIR-COMMUNITY CENTER. 25835 GENERAL OFFICE PRODUCTS CO TABLE CADDIES-CITY CENTER. 1346.20 25836 GLENWOOD INGLEWOOD WATER CONES-FITNESS CENTER/SPRING WATER-79.07 LIQUOR STORE II. 25837 GOLD ASSOCIATES INC SERVICE-PROCEDURE MANUALS REVISIONS-FIRE 1087.50 DEPT. 25838 GOODYEAR COMMERCIAL TIRE & SVC TIRES-EQUIPMENT MAINTENANCE. 624.30 25839 GOPHER SIGN COMPANY HYDRANT MARKERS-WATER DEPT. 385.65 25840 GRAFIX SHOPPE DOOR STRIP-EQUIPMENT MAINTENANCE. 156.56 25841 GROVE NURSERY CENTER MULCH-PARK MAINTENANCE. 51.12 25842 GUARANTY TITLE REFUND-OVERPAYMENT OF SPECIAL ASSESSMENTS. 249.12 25843 LARRY HAUGH MILEAGE-ROUND LAKE BEACH. 17 .36 25844 HDS SPECIALTY VEHICLES PLATFORM STEP-EQUIPMENT MAINTENANCE. 199.50 25845 HENNEPIN COUNTY ATTORNEYS OFFICE DISTRIBUTION OF FORFEITURE FUNDS. 1173.20 25846 HENNEPIN COUNTY ATTORNEYS OFFICE DISTRIBUTION OF FORFEITURE FUNDS. 20.00 25847 HENNEPIN COUNTY ATTORNEYS OFFICE DISTRIBUTION OF FUNDS. 152.00 25848 HEAVENLY HAM EXPENSES-FIRE DEPT. 27.50 25849 HENNEPIN COUNTY TREASURER PROPERTY OWNERS MAILING LABEL LISTS-35.00 COMMUNITY DEVELOPMENT DEPT. 25850 S M HENTGES & SONS INC SERVICE-RILEY LAKE IMPROVEMENTS. 101569.08 25851 D C HEY COMPANY INC COPIER TONER-UTILITIES DIVISION. 93.01 25852 HIRSHFIELDS PAINT MFG FIELD MARKING PAINT-PARK MAINTENANCE. 777.46 25853 HONEYWELL INC OCTOBER 94 INDUSTRIAL MAINTENANCE 1998.00 AGREEMENT-WATER TREATMENT PLANT. 25854 JEFFREY L HOVLID REIMBURSEMENT-QUIT SMOKING PROGRAM-HUMAN 240.26 RESOURCES DEPT. 25855 INFRATECH TECHNOLOGIES INC MARKING PAINT-UTILITIES DIVISION. 250.49 25856 IRONSMITH TREE GRATES/ANCHORS/TREE GUARDS-COMMUNITY 5315.00 CENTER. 25857 INSTANT SIGN CENTER BANNER-POLICE DEPT. 90.53 14420985 NOVEMBER 1, 1994 6. NOVEMBER 1, 1994 VI 25858 INTERIM SERVICE-PARK MAINTENANCE. 1983.70 25859 INTERSTATE BEARING MOUNTED UNIT-EQUIPMENT MAINTENANCE. 57.00 25860 THE JAMIESON COMPANY AWARDS-ORGANIZED ATHLETICS PROGRAM. 268.80 25861 BRENDA JERDE SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 102.00 25862 CRAIG JERDE SERVICE-SOFTBALL OFFICIAL/FEES PAID. 391.00 25863 JERRYS NEWMARKET EXPENSES-FIRE DEPT. 29.47 25864 CHRIS JESSEN SERVICE-SOFTBALL OFFICIAL/FEES PAID. 221.00 25865 JOEL ENTERPRISES HOSES/COUPLERS & PLUGS-WATER DEPT. 344.17 25866 JOHNSON CONTROLS ALARM REPAIR/INSTALLED AIR GAUGE/REPAIRED 1220.00 AIR LINE-COMMUNITY CENTER. 25867 JRS OPTIC INSPECTIONS CAMERA INSPECTION OF SANITARY SEWER LINE-250.00 STARING LK PARK. 25868 JUSTUS LUMBER CO LUMBER-CUMMINS GRILL HOUSE-HISTORICAL 33.00 INTERPRETATION DEPT. 25869 PAM KLOOS SUPPLIES-KIDS KORNER PROGRAM. 18.24 25870 JILL KUYAVA SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 136.00 25871 LAB SAFETY SUPPLY LATEX GLOVES-WATER TREATMENT PLANT. 87.44 25872 LAKE COUNTRY DOOR DOOR PIVOTS-UTILITIES DIVISION. 299.50 25873 LAKE REGION VENDING SUPPLIES-LIQUOR STORES. 1555.92 25874 LAMETTRYS COLLISION PAINT & REPAIR VEHICLES-EQUIPMENT 3954.43 MAINTENANCE. 25875 LAND OF LAKES TILE CO POOL DECK TILE REPAIR-COMMUNITY CENTER. 108.00 25876 BOB LANZI MILEAGE-ADULT ORGANIZED ATHLETICS PROGRAM. 424.76 25877 BILL LEMPESIS MILEAGE-LIQUOR STORE II. 153.72 25878 LONG LAKE TRACTOR & EQUIPMENT BACKHOE BUCKET TEETH-EQUIPMENT 125.89 MAINTENANCE. 25879 JOHN LUNN MILEAGE-LIQUOR STORE II. 46.20 25880 LYONS SAFETY GLOVE FLEECE & TERMO LINERS-UTILITIES 165.02 DIVISION. 25881 MACQUEEN EQUIPMENT INC SELF ALIGNING BUSHINGS-EQUIPMENT 40.31 MAINTENANCE. 25882 MAPCO SAND & GRAVEL CO GRAVEL-LAGOON ACESS ROAD-WATER TREATMENT 3284.71 PLANT. 25883 MASYS CORPORATION NOVEMBER 94 COMPUTER HARDWARE & SOFTWARE 1429.70 MAINTENANCE AGREEMENT-POLICE DEPT. 25884 LUANN MASCARENAS SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 102.00 25885 MCNEILUS STEEL INC STEEL PLATE-EQUIPMENT MAINTENANCE. 330.88 25886 MEDICINE LAKE TOURS TICKETS-CRANBERRY COUNTRY TOUR-ADULT 750.50 PROGRAMS/FEES PAID. 25887 METRO EROSION INC SILT FENCE INSTALLATION FOR NEW TRAIL-847.50 PARK DEPT. 25888 METRO INTERCON INC BATHROOM RENOVATIONS-CITY CENTER. 24670.00 25889 METRO LEGAL SERVICES INC TRACT SEARCH-HOUSING REHABILITATION 40.00 PROGRAM. 25890 METRO SALES INC COPIER MAINTENANCE AGREEMENTS-CITY HALL. 2909.50 25891 MIDLAND EQUIPMENT CO GUSSETS FOR TRUCK SANDERS-EQUIPMENT 98.16 MAINTENANCE. 25892 MIDWEST ASPHALT CORP CRACKFILL/PATCHING MIX-STREET MAINTENANCE. 3965.39 25893 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-CITY HALL/POLICE DEPT. 948.64 25894 HERMAN MILLER INC PEDESTAL CONVERTERS-FINANCE DEPT. 13.38 5140593 NOVEMBER 1, 1994 7. NOVEMBER 1, 1994 VI 25895 MINNESOTA BUSINESS FORMS ENVELOPES/BUSINESS CARDS-CITY HALL/ 241.87 ASSESSING DEPT. 25896 MN CONWAY FIRE & SAFETY FIRE EXTINQUISHER RECHARGING/EXPANSION 488.53 RINGS/O-RINGS-FIRE DEPT. 25897 MN INTERIORS VINYL FLOOR INSTALLED-HOUSING 872.61 REHABILITATION PROGRAM. 25898 MISS BLACK MN PAGEANT INC ENTERTAINMENT-JULY 4TH CELEBRATION. 50.00 25899 MINNESOTA VALLEY WHOLESALE INC CRAB TREES-HOPPE MEMORIAL FUND. 396.18 25900 TOM NEWELL MASONRY EXCAVATE & INSTALL NEW CELLAR STAIRS/ 3375.00 REMOVE & REPLACE BACK STEP-CUMMINS GRILL HOMESTEAD. 25901 WILLIAM T NEWELL SERVICE-SOFTBALL OFFICIAL/FEES PAID. 616.00 25902 NORSTAN COMMUNICATIONS INC CABLES-STREET MAINTENANCE. 141.50 25903 NORWEST INVESTMENT SERVICES INC MAINTENANCE FEE-FINANCE DEPT. 54.75 25904 NU-METRICS ELECTONIC INTERFACE AMP-STREET DEPT. 107.50 25905 OPM INFORMATION SYSTEMS PRINTER REPAIR-FINANCE DEPT. 110.00 25906 P & H WAREHOUSE SALES INC SPRINKLER SYSTEM PARTS-PARK MAINTENANCE. 68.33 25907 PARK & GROUNDS MANAGEMENT SUBSCRIPTION-PARK MAINTENANCE. 16.00 25908 PARK NICOLLET MEDICAL CENTER HEPTATIS B VACCINE-HUMAN RESOURCES DEPT. 633.50 25909 PARROTT CONTRACTING INC CATCH BASIN INSTALLATION-STORM DRAINAGE 4235.77 PROGRAM. 25910 PEPSI COLA COMPANY CONCESSION STAND SUPPLIES-RINK ATTENDANT 147.40 PROGRAM. 25911 CONNIE L PETERS MILEAGE-COMMUNITY CENTER ADMINISTRATION. 18.20 25912 PIONEER MIDWEST INC SPRINKLER SYSTEM REPAIR-STORM DRAINAGE 601.99 IMPROVEMENTS. 25913 PLANT & FLANGED EQUIPMENT CO BORE SEAL KITS-WATER TREATMENT PLANT. 143.80 25914 POWERTEX SPORTSWEAR INC T-SHIRTS-ORGANIZED ATHLETICS DEPT. 1270.22 25915 PRAIRIE ELECTRIC COMPANY INC HAND DRYER REPAIR/DEHUMIDIFIER WIRED/ 1622.94 EMERGENCY LIGHTS/POOL PUMP MOTOR REPLACED/ LAMPS/BALLASTS REPLACED-COMMUNITY CENTER/ SENIOR CENTER/WATER DEPT. 25916 PRAIRIE OFFSET PRINTING PRINTING FORMS-ELECTIONS DEPT. 338.67 25917 PRO-CUT SEPTEMBER MOWING SERVICE-PARK MAINTENANCE. 586.82 25918 JERRY PROOOEHL MEETING EXPENSES-STREET MAINTENANCE. 31.90 25919 PSQ BUSINESS COMMUNICATIONS INC REPLACED TELEPHONE DIAL SPRING-FIRE DEPT. 127.93 25920 QUALITY WASTE CONTROL INC NOVEMBER 94 WASTE DISPOSAL-FACILITIES 693.86 DEPT/COMMUNITY CENTER/LIQUOR STORE II/ SENIOR CENTER. 25921 R & R SPECIALTIES INC ZAMBONI TIRES-COMMUNITY CENTER. 703.65 25922 RADIO SHACK ANTENNA/METAL DETECTOR-POLICE DEPT. 116.06 25923 RAINBOW FOODS EXPENSES-OUTDOOR CENTER PROGRAM. 31.44 25924 REACH EQUIPMENT TUBES REPAIRED/TOWER MOUNT INSPECTED-502.95 EQUIPMENT MAINTENANCE. 25925 RES REPLACED AIR VALVE & FITTINGS-PARKS DEPT. 59.00 25926 THE RETAIL MARKETING GROUP DUES-LIQUOR STORES. 50.00 25927 RICHARDS ASPHALT COMPANY SEALCOATING-STREET MAINTENANCE. 63.26 25928 CITY OF RICHFIELD CITYS SHARE OF HIGH SPEED BUS PROJECT. 3750.00 25929 RICOH CORPORATION COPIER LEASE AGREEMENT-CITY HALL. 626.86 25930 RINK SYSTEMS INC DEHUMIDIFIER REPAIR-COMMUNITY CENTER. 63.90 2295839 NOVEMBER 1, 1994 8. NOVEMBER 1, 1994 VI 25931 ROGERS SERVICE ALTERNATORS REBUILT/REGULATOR/STARTER/ 492.54 STARTER REBUILT-EQUIPMENT MAINTENANCE. 25932 SALLY DISTRIBUTORS INC PLAYING CARDS-SENIOR CENTER PROGRAMS. 60.79 25933 SANCO INC CLEANING SUPPLIES-COMMUNITY CENTER/ 112.15 FACILITIES DEPT. 25934 SAUK CENTRE WELDING MACHINE WORKS TRAILER RAMP KIT-STREET MAINTENANCE. 1050.00 25935 SCIENTIFIC PRODUCTS DIVISION LAB SUPPLIES-WATER TREATMENT PLANT. 55.13 25936 SEGAL WHOLESALE INC SUPPLIES-LIQUOR STORE III. 177 .49 25937 CRISSY SELVEY SERVICE-VOLLEYBALL OFFICIAL/FEES PAID. 85.00 25938 JIM SIMCHUCK PHOTOCELL-STREET DEPT. 16. 15 25939 ERIC SIT SERVICE-SELF-DEFENSE INSTRUCTOR/TAE KWON 712.40 DO INSTRUCTOR/FEES PAID. 25940 PETER N SMITH SERVICE-VOLLEYBALL/BASKETBALL OFFICIAL/ 136.00 FEES PAID. 25941 SNAP-ON TOOLS CORPORATION WIRE CRIMPER-EQUIPMENT MAINTENANCE. 26.09 25942 LOUIS SNYDER REPLACED BROKEN GLASS-HISTORICAL & 43.67 CULTURAL COMMISSION. 25943 SOUTHWEST CONTRACTORS SUPPLY ROTO HAMMER/CORE BIT/PAINT/BOX KIT-STORM 1081.98 DRAINAGE IMPROVEMENTS/WATER DEPT. 25944 SOUTHWEST LAWN MAINT INC BLACK DIRT/SOD/SEED/WALL/TIMBERS/ 3037.26 INSTALLATION-STORM DRAINAGE IMPROVEMENTS. 25945 SOUTHWEST SUBURBAN PUBLISH INC LEGAL PUBLICATIONS-CITY HALL. 1408.68 25946 SPS OFFICE PRODUCTS INC OFFICE SUPPLIES-CITY HALL/WATER DEPT. 511.00 25947 STATE TREASURERS OFFICE DISTRIBUTION OF FORFEITURE FUNDS. 10.00 25948 STATE TREASURERS OFFICE DISTRIBUTION OF FORFEITURE FUNDS. 76.00 25949 STATE TREASURERS OFFICE DISTRIBUTION OF FORFEITURE FUNDS. 586.60 25950 SUBURBAN TIRE & AUTO SERVICE INC TIRES-EQUIPMENT MAINTENANCE. 2271.43 25951 SUPERCIRCUITS CAMERA/BATTERY & POWER PACKS-POLICE 386.25 FORFEITURE DRUGS. 25952 NATALIE SWAGGERT OCTOBER 94 CAR ALLOWANCE-HUMAN RESOURCES 200.00 DEPT. 25953 SYSTECH SERVICES SETUP & CONFIGURE RADIO PC INTO NETWORK/ 1337.93 REPLACE VGA CARD IN SIU/COMPUTER SYSTEM & INSTALLATION-POLICE DEPT. 25954 TARGET STORES GIFT CERTIFICATES-SAFETY INCENTIVE 90.00 PROGRAM-SAFETY DEPT. 25955 THE TEACHERS HELPER CHENILLE STEMS-PRESCHOOL PLAYGROUND 157.12 PROGRAM. 25956 JEANE THORNE INC SERVICE-BLDG INSPECTIONS DEPT/ASSESSING 2033.23 DEPT. 25957 KEVIN TIMM SERVICE-SOFTBALL OFFICIAL/FEES PAID. 187.00 25958 THE TROPHY HOUSE PLAQUE-OPEN HOUSE-CITY CENTER. 80.04 25959 TRUGREEN-CHEMLAWN-MTKA LAWN CARE SERVICE-FACILITIES DEPT. 472.33 25960 ~IN CITY OXYGEN CO HELIUM-FIRE DEPT. 126.24 25961 ~IN CITY VACUUM VACUUM CLEANER BAGS/FAN-FACILITIES DEPT. 31.84 25962 U S CAVALRY UNIFORMS-POLICE DEPT. 149.75 25963 UNIFORMS UNLIMITED UNIFORMS-FIRE DEPT. 472.96 25964 UNIFORMS UNLIMITED NAME TAGS/UNIFORMS//BADGES-POLICE DEPT/ 3620.85 BALLISTIC VESTS-POLICE DEPT/UNIFORMS- ANIMAL CONTROL DEPT. 2129590 NOVEMBER 1, 1994 9. NOVEMBER 1, 1994 VI 25965 UNIVERSITY OF MINNESOTA SOIL TESTING-PARK MAINTENANCE. 72.00 25966 UNLIMITED SUPPLIES INC NUTS & BOLTS/WASHERS-EQUIPMENT 159.12 MAINTENANCE. 25967 VERIFONE INC PRINTER REPAIIR-LIQUOR STORE II. 177.75 25968 VESSCO INC WEIGHTED BELT-WATER DEPT. 351.54 25969 VISION ENERGY PROPANE CYLINDERS-COMMUNITY CENTER. 378.71 25970 VOSS LIGHTING BALLAST/LIGHT BULBS-COMMUNITY CENTER. 434.43 25971 WATER SPECIALTY OF MN-INC CHLORINE/CHLORINE NEUTRALIZER/TEST 394.68 TABLETS-COMMUNITY CENTER. 25972 GORDON WARNER BOOK & VIDEO-ADMINISTRATION DEPT. 33.00 25973 WARNING LITES OF MN MESSAGE BOARD RENTAL-POLICE DEPT. 225.03 25974 WEATHER WATCH INC SERVICE-STREET MAINTENANCE. 200.00 25975 TODD G WEISE SERVICE-SOFTBALL OFFICIAL/FEES PAID. 391.00 25976 JOEL WESTACOTT PRODUCTION SERVICE SEPTEMBER 94 SERVICE-COMMUNITY SERVICES 195.00 DEPT. 25977 WESTSIDE EQUIPMENT MOTOR OIL VALVE/GREASE SWIVEL-EQUIPMENT 586.82 MAINTENANCE. 25978 WILLS HEATING SERVICE BOILER FLUES CLEANED/OIL PUMP REPAIR-PARK 53.25 MAINTENANCE. 25979 YALE INC CHEMICAL STORAGE COOLING SYSTEM REPAIR-89.10 WATER TREATMENT PLANT. 25980 ZEE MEDICAL SERVICE 1ST AID SUPPLIES-POOL LESSONS/COMMUNITY 167.07 CENTER/PARK MAINTENANCE. 25981 ZEOS FACTORY OUTLET STORE COMPUTER REPAIR-ADMINISTRATION DEPT. 149.24 11000 AMERICAN BANK BOND PAYMENTS. 82169.25 11000 FIRST TRUST BANK BOND PAYMENTS. 10300.00 11000 NORWEST BANK N A BOND PAYMENTS. 18225.00 22000 MN DEPT OF REVENUE PAYROLL 09-30-94. 17579.91 22000 MN DEPT OF REVENUE PAYROLL 10-14-94. 18280.89 33000 CITY COUNTY CREDIT UNION PAYROLL 09-30-94. 9994.46 33000 CITY COUNTY CREDIT UNION PAYROLL 10-14-94. 10044.46 44000 MN DEPT OF REVENUE SEPTEMBER 94 SALES TAX. 37806.00 20845771 $1107416.54 NOVEMBER 1, 1994 10. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 11/1/94 SECTION: Petitions, Requests and Communications ITEM I. YIn. A DEPARTMENT: ITEM DESCRIPTION: Request for Contract Extension and the PRNR Associated Fees for Professional Services to the Contract at Miller Park Barbara Penning Cross RECOMMENDATION: The parks, recreation and natural resources staff recommend extending the professional services contract with Hansen Thorp Pellinen Olson, Inc. for the additional fee of $63,693 for Miller Park. BACKGROUND: A budget of 3.8 million dollars was estimated and approved for Miller Park in the 1992 referendum. Hansen Thorp Pellinen Olson was selected as the engineering ftrm to do construction documents, survey work and construction supervision. The contract amount, $215,000, was to cover all consulting services. A completion date of July 15, 1993 was stated in the contract. An extremely wet construction year in 1993 caused major delays in the contract and postponed the use of the park until spring of 1995. Work continues at the park to complete the contract 15 months after the projected completion date. At the July 19, 1994 City Council meeting, this item was continued because the Council wanted more speciftc information relating to additional costs. HPTO supplied the attached cost breakdowns. Ninety- four percent of the additional costs are for construction obervation and surveying due to weather. The berms screening residents from the ftelds, ballftelds and other areas severely eroded each time it rained. Silt washed into and around catch basins and had to be pushed back into place, restaked and regraded according to specs, over and over again. This summer work continued at Miller Park to complete the contract. HPTO has absorbed additional expenses (mostly construction observation) to complete the ftnal details of the contract. ISSUES: The letter from Steve Pellinen explains the extras involved on the job. There is no doubt that more time was spent on this project than expected. The heavy clay soils and the fourth wettest season, in Minnesota history, created delays that could not be anticipated by HTPO in the contract amount. This ftrm has done an excellent job and have not skimped on the hours even thought they couldn't be guaranteed compensation. Through HPTO's expertise in preparing plans and administering the contract, only three minor change orders have been necessary. Their efforts have kept the 3.8 million dollar project within the budget. HPfO has not only been great to work with, but they have ensured a top quality project and staff would recommend compensating them for the work they have done. FINANCIAL CONSIDERATIONS: The money to pay the contract extension fee will come from the Miller Park contingency fee. BPC: mdd -milfees/Barb 1 -"11' Hansen Thorp ~:\ Pellinen Olson Inc . ." l} • Engineers. Surveyors. Landscape Architects 28 June 1994 Honorable Mayor and City Council Members City of Eden Prairie 8080 Mitchell Road Suite 200B Eden Prairie MN 55344 Subj: Miller Park Professional Services Dear Mayor Tenpas and Members of the City Council: Pursuant to discussions with City Staff, we are requesting authorization for a contract extension with associated fees on the Miller Park project The unusually wet weather last year extended the July 15, 1993 completion date for the project and has required a correspondingly greater amount of Construction Phase services on our part These services include extended construction observation, restaking and construction administration, all with the goal of seeing the construction completed according to the Contract Documents with a minimum of construction change orders. It appears that the efforts we have expended have nearly accomplished that goal, with only two change orders to date on a three million dollar project constructed under adverse conditions. Our proposal and contract for this project anticipated normal conditions and scheduling, unfortunately neither of which happened. We understand that you must consider this request in the context of overall project budget and available funds. We will appreciate whatever you can do to help us in this matteI: To assist your decision-making we have quantified our extended services as follows. While the project has undergone some refmements and scope changes since we submitted our original proposal in April 1992, we are requesting the contract extension only for those services connected with the unforeseeable weather-related conditions. We've had to remain on site for extended evening and weekend hours as well as going beyond the expected completion date. A significant amount of restaking has been required due to washouts, buried stakes and other problems caused by the rain. Contract administration goes on as long as the project continues. Our fees are directly related to the time required to provide necessary services, and the following amounts reflect that effort $40,693.00. Construction Phase services incurred 7115/93 to 12131193 due to wet weather: construction observation, construction staking, change orders, meetings, pay requests and other contract administration services related to extended construction schedules (based on actual time expended to perform these services). $23,000.00. Estimated Construction Phase Services needed in 1994 to complete the project construction observation, pay requests and other contract administration services related to extended construction schedules (based on estimated time needed to perform these services). (612)829-0700 • 7565 Office Ridge Circle. Eden Prairie, MN 55344-3644 • FAX (612)829-7806 -? - page 2 28 June 1994 Miller Park Professional Services For further context, please note that in addition to the above we have expended considerable time and fees beyond the original proposal for scope changes, design revisions and additional services that would be difficult to relate directly to the wet weather but which we have nevertheless contributed to the project. We appreciate your consideration of this request and of course will abide by your decision. Except perhaps for the weather-related problems, we have enjoyed working on this project and look forward to its successful completion. If you have any questions regarding this request we will be glad to respond. Sincerely, HANSEN THORP PELLINEN OLSON, INC. S~L~ Steven L. Pellinen, P. E. President cc Bob Lambert -) ) '1.11 Hansen Thorp ~} i1 ~:~~.~~~~~:c~;_ MEMORANDUM Date: 30 December 1993 To: Barb Cross From: Steve Pellinen Subj: Miller Park -Request for Contract Extension (cf. 13 Dec 1993 letter) Actual and Estimated Hours to Complete Hours worked between 15 July 1993 and 1 December 1993: Position Hours ~ Amount &planation (added 9/94) Engineer ill 24.25 $78 $ 1,891.50 OJ Contract administration-pay requests, change Engineer II 4.00 $67 268.00 orders, scheduling, discussions, etc. Surveyor ill 115.50 $76 8,778.00:] Consttuction stakinglrestaking Surveyor ill 14.50 $76 1,102.00 Technician V 297.50 $75 22,312.50 =:J ConsUUction observation Technician N 24.00 $65 1,560.00 Technician I 91.00 $35 3,185.00 r CoosIructioo Slalcinglrestaldng Technician I 23.50 $35 822.50 Technician I 8.00 $35 280.00 Technician I 7.50 $35 262.50 Technician I 2.50 $35 87.50 Clerical ill 1.50 $49 73.50 ] Pay requests, other paperwork Clerical II 1.75 $40 70.00 Total $40,693.00 Estimated hours to completion: Engineer V 4.00 $94 $ 376.00 Contract administration Engineer ill 16.00 $78 1,248.00 Contract admin, possible design changes Surveyor ill 48.00 $76 3,648.00 Possible staking Technician V 168.00 $75 12,600.00 Consuuction observation Technician ill 24.00 $55 1,320.00 Possible design changes Technician I 48.00 $35 1,680.00 Possible staking Clerical II 4.00 $40 160.00 PaperwOrlc 10% Contingencies 2,103.00 Total $23,135.00 (612)829-0700 • 7565 Office Ridge Circle • Eden Prairie, MN 55344-3644 • FAX (612)829-7806 '-/ - CITY COUNCIL AGENDA DATE: 11-1-94 SECTION: Report of Director of Community Development DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Community Development Chris Enger COMMERCIAL Jean Johnson OUTDOOR SALES, n.D.1 PROPOSED ORDINANCE REQUESTED COUNCIL ACTION: Direct Staff to publish a public hearing if the Council wishes to amend the existing code with the revised Ordinance dated October 1994. BACKGROUND The Council at their June 21, 1994 meeting selected a code amendment draft and directed the item to the Planning Commission for review. The item was before the Planning Commission on October 10, 1994. The Planning Commission recommended no change to the City Code. SUPPORTING INFORMATION Revised Ordinance dated October 1994 October 10, 1994, Planning Commission Minutes October 7, 1994, Staff Memo June 21, 1994, Council Minutes and chart summarizing proposed ordinance characteristics June 7, 1994, Background memo XI. D. - \ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. Oct.94 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.03, SUBDS. 2, J. ENTITLED "OUTSIDE STORAGE AND DISPLAY"; 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 3., J. 2. is amended to read as follows: "2. In all Commercial Districts, all materials, supplies, merchandise or other similar matter shall be stored within a completely enclosed building, except merchandise or equipment offered for sale, rental or lease hereafter . referred to as "outdoor display area" may be placed outside the confines of a building, provided the area occupied by the merchandise or equipment for that purpose shall be in accordance with the following operation limitations: a. Temporary outdoor display area. A temporary outdoor display area is permitted where merchandise or equipment offered for sale. rental or lease outside the principal structure is assembled for a combined time period of 60 days or less of a calendar year provided: ill The outdoor display area must be screened from public roads and adjacent land uses. ~ The outdoor display area may not encompass an area greater than 2 percent of the base area of the building constituting the principal use. ill No part of the outdoor display area may obstruct pedestrian use of a private sidewalk and in all cases a 5' wide sidewalk width must be maintained. ~ The outdoor display area may not be located within the reQyired front. rear or side yard setback of the lot. !2l The outdoor display area may occur in the required parking lot facilities provided: a. Not more than one-half percent (,5) of the required parking stalls are utilized for outdoor display area. b. No drive isle is utilized for outdoor display area. xr.D.-~ ~ No outdoor display area may be located on public sidewalks or streets. b. Permanent outdoor display area. A permanent outdoor display area is permitted where merchandise or equipment offered for sale. rental or lease outside the principal structure is assembled for a combined time period of 60 days or greater of a calendar year provided: ill A walled structure meeting the architectural standards of the District must be utilized to contain the merchandise. Said permanent operation must conform to all awlicable code standards contained in Chapter 11. including but not limited to: screening. area ratio. parking. etc. ill The operation may not encompass an area greater than 6 percent of the base area of the building constituting the principal use. ill No part of the outdoor display area may obstruct pedestrian use of a private sidewalk and in all cases a 5' wide sidewalk width must be maintained. ill The outdoor display area may not be located within the required front. rear or side yard setback of the lot. ill The outdoor display area may occur in the required parking lot facilities provided: a. Not more than one-half percent (,5) of the required parking stalls are utilized for outdoor display area. b. No drive isle is utilized for outdoor display area. c. The total area used for a combination of temporary and permanent outdoor display area may not encompass an area greater than 7 percent of the base area of the building constituting the principal use. Section 7. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11. 99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. -xr.O,-.3 Section 8. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the __ day of , 1994, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the __ day of _______ , 1994. City Clerk Mayor PUBLISHED in the Eden Prairie News on the __ day of _______ _ 1994. BARB\JEAN\REPORTS\DISPLYSAf.ORD XI.D. -y Planning Commission Minutes Oct. 10, 1994 Approved of the Staff Report dated October 7, 1994. Motion carried 4-0-1 with Clinton abstaining. MOTION 3: Wissner moved, seconded by Foote, to recommend to the City Council approval of the request of Thompson Land Development for Rezoning from Rural to RM-6.S on 2.6 acres based on plans dated October 7, 1994, and subject to the recommendations of the Staff Report dated October 7, 1994. Motion carried 4-0-1 with Clinton abstaining. MOTION 4: Wissner moved, seconded by Foote, to recommend to the City Council approval of the request of Thompson Land Development for Site Plan Review on 2.6 acres based on plans dated October 7, 1994, and subject to the recommendations of the Staff Report dated October 7, 1994. Motion carried 4-0-1 with Clinton abstaining. MOTION 5: Wissner moved, seconded by Foote, to recommend to the City Council approval of the request of Thompson Land Development for Preliminary Plat on 2.6 acres based on plans dated October 7, 1994, and subject to the recommendations of the Staff Report dated October 7, 1994. Motion carried 4-0-1 with Clinton abstaining. C. OUTDOOR SALES AND DISPLAYS AMENDMENT Franzen stated that the Outdoor Sales and Display Ordinance is directed by the City Council. The ordinance came about as a result of the Board of Appeals decision to grant Menards a variance to allow a 1200 square foot plastic greenhouse in the front parking lot. Some businesses complained to Council members that the Board's decision to grant additional Outdoor Sales and Display beyond what Menards has was unfair competition. The City reversed the decision of the Board of Appeals and denied Menards a variance request. At the same time, the City Council expressed concern about the proliferation of plastic green houses and outdoor displays in parking lots throughout the community. At that time, Council felt that these uses should not be allowed in the parking lot and instructed City Staff to inform businesses such as Cub Foods, Target, Eden Prairie Mall and Wal-Mart that these would no longer be permitted. These businesses appeared at a subsequent City Council meeting to express concern that they had already ordered plant materials for the year and requested the City Council give some consideration to this point. The Council decided to allow the continuation of the plastic greenhouses for 1994, but directed City staff to prepare an ordinance which would regulate their use. Several alternatives were presented and the City Council chose one of the options which made a distinction between permanent and temporary uses. This ordinance would allow uses such as Wal- Mart's landscape area to continue and temporary uses such as 8 :IT. D. -S- Christmas tree lots. The percentages in the ordinance for 6 percent permanent and 2 percent temporary are reflective of existing store conditions. The ordinance also limits the amount of outdoor sales and display in the parking lot as a percentage of the total parking lot area. The percentages would prohibit the use of the plastic greenhouses. These plastic greenhouses, as well as other outdoor sales and display area, can be used on the property provided they are not within the setback areas. Staff believes that the draft ordinance is reasonable and fair and based upon market/store conditions. The Staff suggests approval as submitted. Kardell stated that the City Council overturned the Board of Appeals decision regarding Menards because they were concerned about proliferations of these type of uses. She asked who else were they afraid was going to do this. Franzen replied that the Staff has a more liberal interpretation of the ordinance than what the City Council is looking at. He said they have allowed it in Target and Wal-Mart last summer, and Cub, so the Council wanted the whole request revised as far as what should really be done with Outdoor Sales and Displays. Kardell stated that by having the outdoor sales in view it reminds her that Spring is here because of all the beautiful plants and flowers displayed. Foote expressed concern of the effects of these changes to the stand on County Road 4 and other similar stands. Franzen replied that it doesn't effect that at all. He said this is strictly for areas that are currently zoned commercial. Franzen replied that it's not in the commercial district. He said if you have room on the property it's okay. Wal-mart, for example, has an area on the north side of the building that's beyond the setback where they can put the vinyl hut, that would be fine. Council's concern is where are you putting it on the property; out in the parking lot taking up parking spaces or where it's visible to the public road. Foote expressed concern of the Prairie Village Mall's Fourth of July tent which is put up every year. Franzen replied that if their tent is within the allowable 2 percent they can do it. Franzen stated that it's a question of whether or not you find it objectionable if you're looking at large outdoor display areas out in a parking lot. It's a question of where it is on the property, not a question of having it. If there's room on the property you can do it if it's done in certain locations. Kardell expressed concern of the effect it would be on the 9 ~.D.-b ( Farmer's Market. Franzen replied that will be dealt with a separate revision to the City Code in the district. It's something that the City Staff and Attorney's Office is working on now. Kardell asked if the little markets that are up on the various corners in the rural districts would have to corne to this centralized Farmer's Market arrangement to sell. Franzen replied that they would. He said what's going to happen is by the time the City finishes with the revisions, there's not going to be any rural land left. He said if you still want an opportunity for this to occur then you could go to the Farmer's Market situation like they have in St. Paul or Minneapolis. Schlampp asked where did Cub Foods have theirs. Foote replied that they put it on the side. Franzen stated that the Council decided that since the people from Menards had already ordered their merchandise they were going to let it happen. Before they got into the ordering season again, they wanted to let them know. Kardell expressed concern of whether there was any evidence that having these structures up caused any parking problems at the facilities in question. Franzen replied that the peak parking time for the commercial areas would be Christmas for the large shopping centers. He said they don't have the potted plants and shrubs out at that time. Therefore, it has not created a parking problem. Franzen stated this is a question of aesthetics. It's a question of how much they leave the options in the Staff Report. The sales and display areas to be rejected, they can allow for larger areas which will allow this storage area to continue in the same manner that they have done so far. Wissner asked if there have been a lot of complaints. Franzen replied that they have not received complaints from the businesses or residents that this is a particular problem. Foote asked if they can make the percentage more. Franzen replied that they can; Foote asked who came up with the 2 percent. Franzen replied that it was a Staff's idea. He said that the 2 percent represents the statistical amount of the temporary areas that they have so far. Clinton referred to the ordinance that if you look at number 1 they're talking about temporary outdoor display area and it must be screened from the public road. Immediately that creates a problem for them. The size really limits a lot of merchandising 10 . Xl.D. -7 put in there. Then when you drop down to 4 it says outdoor display areas not to be located within the required front, rear, side, or setback from the lot. He asked where are they going to put it. Franzen replied that some sites will have room for it and some sites will not. Schlampp expressed concern of whether or not filling stations will have to get a permit every time they want to do it because they are known for having outdoor displays with oil and tires. Jerry Anderson, Operations Manager at Cub Foods, stated they had the greenhouse for the last couple of years. Last Spring they worked with Staff and put it on the north side. Cub thought it was a lousy location and it worked out very well for them. He said their customers, maybe about 25,000 a week, they start looking for this product in the Spring. Cub buys their products from the same place as Bachman's and Frank's buy theirs. The difference is how they price it. The people that shop with Cub know they're going to put out the product, but it's cheaper, and Cub is not there to make a ton of money on it. All Cub wants to know is are they going to be able to have it this year. They would like to be able to make their plans before their plants start arriving on the truck. Foote asked how big an area for Cub would 2 percent be. Anderson replied they all buy from Bailey's Nursery in St. Paul and they support the greenhouse which are 20 by 60. Last year they put additional fencing which was approximately another 20 by 60 and that's where they keep all the shrubs. He said that could be reduced and it would still work for them. They kept it up for 30 days which was a sufficient amount of time. Foote asked what percentage that is. Anderson replied he did not know. Franzen stated that the building is 70,000 square feet so 2 percent would be 1400 square feet. Foote said he would like to make the percentage enough so they can put something up which would be big. He said that 2 percent to him seems very small. Schlampp asked what was wrong with what they have now. He said it seems to be handled well, and Staff seems to be working with it. Franzen stated that if the Planning Commission likes it the way it is, then one option would be to keep the ordinance the way it is and Staff would interpret it the way it is. 11 n.D.-CO V. VI. VII. VIII. Kardell said if there's a problem, everybody would be happy to address it, but there are no problems or complaints at this point. She is suggesting the recommendation to the City Council that the Planning Commission is not seeing this as a problem. There does not seem to be any demonstrated parking issues, and no aesthetic problems that have been expressed publicly by the residents. She recommends the ordinance to be left the way it is. MOTION 1: Kardell moved, seconded by Schlampp, to recommend to the City Council that no changes in the Outdoor Sales and Display Ordinance be made. Motion carried 5-0-0. MEMBERS' REPORTS None. CONTINUING BUSINESS None. NEW BUSINESS Kardell and Clinton gave an update on the program called Stride, which is to help people get out of public assistance. They said they are trying to seek places for these people to live using Section 8 vouchers. They said the biggest problem is that there are no vacancies. David Lindahl has found some developers that will build cluster homes. They are also trying to create a mentor program. PLANNERS' REPORTS A. MUSA Report Franzen stated that the requested action is to authorize staff to proceed with filing an amendment with the Metropolitan Council to review the planning for expanding the MUSA line. He said this is the first step for getting an official amendment. Foote asked if the City expects a lot of opposition from the public. Franzen replied no. He said the Metropolitan Council have been difficult, not the public. Schlampp recommended they have Watershed approval before hand and suggested they get in touch with Watershed to come in and speak. Franzen replied that he would do that for the next meeting. MOTION 1: Clinton moved, seconded by Foote, to submit an 12 ~.D.-9 MEMORANDUM TO: Planning Commission FROM: Steve Durham, Zoning Administrator THROUGH: Michael Franzen, Senior Planner DATE: October 7, 1994 SUBJECT: Outdoor Sales in Commercial District The outdoors sales issue was before the City Council at its June 21, 1994 meeting. Based on the memorandum dated June 7, 1994, from Jean Johnson, City Council directed Staff to draft an amendment to the outdoor display area. Scenario "Ordinance CIt as outlined in the memo dated 7-7-94 was used to format the revised ordinance. The additional use to permit outdoor display area in the parking lot was incorporated as directed by the Council. Please refer to the memorandum dated June 7, 1994 for background, existing situations, and current administration of outdoor sales in commercial districts. Also included in your packet are minutes from the June 14th and 21th, 1994 City Council meeting. Draft Ordinance -Option C Highlights of the draft include: 1) Reduction of outdoor display area from 10% of a base area ratio to 2 % for temporary outdoor display area and 6 % for permanent outdoor display area. This more accurately reflects current outdoor display areas in the commercial zoning districts. 2) Permit a limited area for outdoor sales in a parking lot. A formula has been established to permit approximately 114 of a total 2 % in a parking lot area. The percent is .5 of the required parking stalls. This is a conservative percentage and would likely limit an area to 300 or 400 square feet for a building the size of Target or Wal-Mart. This percentage would eliminate the poly-vinyl green houses which are usually a minimum size of 20'x60' or (1,200 s ft). The Planning Commission may entertain a percentage that would allow a larger number of square feet in the parking lot and the possibility of a tent or poly vinyl building. A one percent coverage of the required parking stalls would allow approximately 112 of the 2% in a parking lot area. For a Target or Wal-Mart this would be 1,000 square feet, the equivalent of 6 parking stalls. n.D.-IO 3) One temporary sign of 6 square feet will be permitted. An amendment to the Sign Code would be required to allow this sign. Permits for temporary use will be required via Finance (peddlers license), and Community Development. Action Reguested The Planning Commission may choose the following options upon review and comments from the general public: 1) Recommend to City Council no change be made to the current City Code relating to outside sales. 2) Recommend to City Council adoption of proposed outdoor display ordinance "Option C" with any variations or recommendations the Commission sees fit. n.. D. -1\ City Council Minutes 4 June 21, 1994 MOTION: Pidcock moved, seconded by Harris, to continue the discussion to an open item on the agenda to allow proponent time to confer with Staff. Motion carried unanimously. C. ORDINANCE AMENDING THE CITY CODE RELATED TO OUTDOOR SALES AND DISPLAYS Referring to the three draft ordinances, Staff noted that all three reduce the amount allowed for temporary use to 2 % with different time limits set for the temporary use. Councilmembers asked if this applied only to properties within the commercial district and the meaning of the block labelled parking lot/building setback location. Staff responded that this deals only with commercial sales, and the last block indicates the amount of outside display allowed in the parking lot areas or the building setback areas. There were no comments from the audience. The consensus of the Councilmembers was for draft Ordinance C with modifications to the Parking Lot/Building Setback Location block. MOTION: Harris moved, seconded by Anderson, to close the Public Hearing. Motion carried unanimously. MOTION: Harris moved, seconded by Anderson, to direct Staff to draft amendments to the proposed ordinance relating to outdoor sales and displays and forward the proposed ordinance to the Planning Commission for their review and recommendations. Motion carried unanimously. Jessen asked if the intent is to deal with the non-commercial areas as well. Enger said the Council had directed Staff to draft an ordinance with regard to the commercial district, and the feeling was that we have adequate restrictions within the code to deal with new farmers' markets within the rural district. Tenpas asked Staff to clarify this in the F. Y.!. and put the item on the agenda in a month. D. RESOLUTION #94-97. ORDERING Il\1PROVEMENTS AND AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS FOR GOLDEN RIDGE DRIVE. I.C. 94-5360 Staff reviewed the Feasibility Study for Street and Utility Improvements in the Golden Ridge Drive neighborhood which was conducted in response to a petition from five of the property owners. Based on input from a recent neighborhood meeting, some changes to the scope of improvements were discussed. The major change was to reduce the extent of gravity sanitary sewer lines to the neighborhood in order to preserve some of the existing trees along the street, and to have some properties served by private grinder pumps. Subsequent revisions to the proposed assessments were also explained by Staff, including a possible reduction in the assessment for those lots that would require the private grinder pumps. n.D.-\~ ... .. .. . . .'. DRAFT COMMERCIAL SALES ORDINANCEs .. . ... .... . . ... ORDINANCE ORDINANCE ORDINANCE A B C % of Outdoor Sales 2% 2% 2 % for temporary uses 6 % for permanent uses 7 % combined temp/perm Time limit None 60 days 60 days for temporary uses Over 60 days for permanent uses Screening Required Through administration Yes Yes Sidewalk Location Through administration Yes, 5' sidewalk area Yes, 5' sidewalk area must if pedestrian access must be maintained be maintained protected Parking Lot/Building No Limited use of No -Temporary uses Setback Location parking area (400 No -Permanent uses sq.ft.) NOTES: 1. 2. Portions from chart can be mixed to create different ordinance Variance requests are possible. BARB\JEANIREPORTS\D\SPL Y.em 'XI. D.-\3 MEMORANDUM TO: City Council FROM: Jean Johnson, Zoning Administrator THROUGH: Chris Enger, Director of Community Development DATE: June 7, 1994 SUBJECT: Outdoor Sales OUTDOOR SALES IN COMMERCIAL DISTRICTS City Code Section 11.03, Subd. 3., J., 2. of the City Code reads, 2. In all Commercial Districts, all materials, supplies, merchandise or other similar matter shall be stored within acompletely enclosed building, except merchandise or equipment offered for sale, rental or lease may be displayed outside the confines of a building, provided the area occupied by the merchandise or equipment for that purpose shall not exceed 10 % of the base area of the building constituting the principal use. Administration Todate Some, but not all businesses, notify the City when they conduct outdoor sales. The sale area is sometimes protected by a tent, small wood stand, or some other type of shelter. In recent years, poly houses have been used on sites to conduct sales. Outdoor sales have occurred in parking lot areas on sites where Staff believed sufficient parking existed. Current Situations Historically, 1 - 2 percent of a buildings gross floor area has been used for outdoor sales, not the 10 percent maximum contained in Code. Recently, a greater percentage was used. This occurred at Walmart when the 6 percent of the garden area was increased by another 1 percent where a poly garden house was added. Commercial businesses that exceed the 10 percent are Menards, Eden Prairie Ford, Suburban Chevrolet, Anderson Garden, Franks, and Bachmans. These sites were approved via a PUD or variance process. The chart attached illustrates characteristics of outdoor sale operation. 1 n.D.-ILl Memo Outdoor Sales June 7, 1994 Page 2 Questions Raised Todate Should the City Code be changed reducing the 10 percent to a lower percentage? (Refer to Planning Commission for recommendation) Should administration of the existing code be clarified to more closely conform to other regulations contained in Chapter II? > no outdoor sales in parking areas > no outdoor sales in required building setback yards > materials must meet district standards > sidewalk access must be maintained (no code change) > direct Staff to advise all new commercial site plan or rezoning applicants to note upon their site plans where outdoor sales will occur BARBIJEANIMEMOSIDISPLA Y2.CC 2 n.D.-\5 ·CHARACTERISTICS OF TEMPORARY SALE OPERATIONS . : ....... ' . 1 TYPE OF SALE HAVE LOCATION ITEMS SOLD PARKING LIGHTS SIGNS SHELTER APPROXIMATE OCCURRED STALLS USED USED USED FREQUENCY AT: USED Tent sale Prairie Front Food & Yes No Yes Tent 2 x's a Village Mall parking merchandise year, 1 lot week duration Christmas Prairie Side Trees, Yes Yes Yes Fish 1 x Trees village Mall parking Wreaths, houses, 6-8 weeks lot/grass baughs pull Prairie View trailers ~ Center Vacant lot . E.P . Center 0 I Edenvale -Com. PUD lot 6' (vacant) Produce Rural zoned Yards & Vegetables, Some-No Yes Truck, 3 - 4 Sales parcels parking fruit, times wood months lots flowers, stands Tom Thumb trees, bagged Plastic Cub soil, hoop fertilizer, houses Walmart and misc. Flagship Edenvale Com. PUD lot --- Seafood PDQ Front Seafood Yes No Yes Truck 1 or 2 x's Sales walk/lot a year 1 week ---------------- nV2871994 1219· 19 D. R. Bri lI<ii<iEHFOLI 5 DOHERIY RUMBLE & BUTLER J\ftttrnc."Y' al Law r'll[J huh ~'tcl'I'\ It.",·r~ hll;"hl\ltb I'jhh 1..111'1'1 kiltllll".lr"h!'l. MiIHl'." ,:1.1 :,:,-\11 .. ' .• 1.' h h'lt'i',ih'I1l' u,l .. n .~i~1 :·,'i:~'" PIX (t,I!) :HII ""~·I October 28, 1994 VIA FAX: 349-6718 Mr. Rick Rosow Lang, Pauly & Gregerson, Ltd. 1600 IBM Park Building 650 Third Avenue South Minneapolis, MN 55402-4337 Re: Midwest Asphalt Deat:" Rick: 340-5571 M",.;ll.Li.'rl1uilLiin!; I".", M ~h.,.·1. N.\\'. W •• ~hin)\!C>n. 11.1.". llKflh·IJUI Id.~rh,.n.· \2(12) ;!,,:lIJ~~~ 1",)( 00/) "r,9·UI\IiI, 1.1'111 llm·;l..I:t1l ('1'1111'( 12(J(l ~~"'Vt~lIt"'l1th ~~'H"'.·' r)."1\·"'.l?,hn~ltt,. gIJ~I! !'f..!.i '1"I"1'11l1r~' (ltn) !:f2. hliRI FAX (\(I:J) ~7!-t12U:\ I ! 1~"l'i)" III ;.tinr .... 'l'nh" .~Iin' Blaine Johnson called me Wednesday afternoon to indicate thac City staff had contacted him about readiness for the November 1, 1994, City Co~cil meeting. We believe it premature to appear before the City Council~ and ask for a GO-day continuance. I . We believe that the Octobet:" 14, 1994, meeting with senior City staff was quite productive. Mr. Johnson has contacted James R. Hill & Assoctates to start the process of preparing a revised site plan responsive t~ the discussions of that day, particularly those of Gene Dietz and ¢hris Enger. However, Dick Krier, the planner working with Mr. Johnson~ waa on vacation last week, and the initial contact occurred Monday of this week. Midwest Asphalt will endeavor in this revised site plan to create a more effective noise and visual barrier. AS you know, the Company set ou.t to accomplish this many months ago. Both the Company and the Clty~ and individuals within those groups, have had different ideas about how,best to accomplish this objective. My sense is that the October 14 me~ting might have been a real breakthrough regarding the means to do it~ We believe that this effort should be further refined in discussionawith senior City staff prior to any discussion with the City Council. please be assured that we are proceeding with all due dispatch, ~a we have for the past two years, to assure that Midwest Asphalt Corporttion continues to be a responsible corporate citizen of the City of : Eden Prairie. Sincerely yours, fL-yc~ David C. Sellergren DCS/eka cc: Blaine Johnson, Midwest Asphalt corpot:"ation Carl Jullie, City Manager, City of Eden Prairie -MEMORANDUM - TO: Mayor Tenpas and Councilmembers FROM: Alan D. Gray, City Engineer 1r~ Eugene A. Dietz, Director of Public wor-p • DATE: October 27, 1994 SUBJECT: Dell Road Neighborhood Traffic Study In October Council received a petition from residents in the vicinity of Dell Road and Evener Way to study the following traffic issues: • Traffic speeds on Dell Road • Truck traffic on Dell Road • Traffic on Evener Way • Noise pollution To evaluate these concerns the Engineering Division collected data regarding traffic volume and speeds on Dell Road just north of Evener Way, truck traffic utilizing Dell Road north of Evener Way and traffic volume on Evener Way at its intersection with Dell Road. The results of our data collection may be summarized as follows: DELL ROAD TRAFFIC VOLUME AND SPEED: Both northbound and southbound volumes were measured on Dell Road just north of Evener Way over a three-day period. The total traffic volume was approximately 3,500 vehicles per day. The northbound and southbound traffic volumes are almost identical. There are more southbound trips during the morning rush hour and more northbound trips during the evening rush hour, which is indicative of commuter traffic leaving the residential neighborhoods north of Evener Way and travelling south to Trunk Highway 5 in the morning and returning in the evening. A sample of the speed profiles collected with the traffic counters are attached to this memo. These profiles indicate that while the average southbound speed is 31.6 mph and the average northbound speed is 34.8 mph, 15% of southbound traffic exceeded 38 mph and 15% of northbound traffic exceeded 39.5 mph. After the collection of the traffic volume and speed profiles the Public Safety Department increased traffic enforcement on this segment of Dell Road. Mr. Clark's memo regarding this enforcement effort and their recommendations are attached. The speed profiles indicate that continued traffic enforcement on this segment of Dell Road will result in a number of citations. TRUCK TRAFFIC ON DELL ROAD: Engineering Division personnel spent one day between 6:00 a.m. and 6:00 p.m. visually counting truck traffic using Dell Road in both the northbound and southbound directions north of Evener Way. A total of 34 northbound trucks and 36 southbound trucks were observed. Many of these trucks were small delivery vans such as UPS that could well have had destinations within the residential areas north of Evener Way along Dell Road. Approximately 10 northbound and 12 southbound trucks were observed and classified as through trips. Based on our observation total trucks represented about 3% of total traffic and through trucks represented approximately 1 % of total traffic on this segment of Dell Road. This is a reasonable CITY OF EDEN PRAIRIE Engineering Division, Department of Public Works '/J. £., 2..' level of truck traffic for a collector road within Eden Prairie. In 1993 Chanhassen reconstructed portions ofTH 101 north of TH 5. We believe that during this reconstruction a larger volume of commercial traffic detoured to Dell Road due to the closures of TH 101 in Chanhassen. We anticipate that a number of trucks such as delivery vans, garbage trucks, and school buses will utilize this segment of Dell Road to service the residential neighborhoods to the north. The volume of trucks observed as part of this study seem reasonable. We would not expect a growth in the volume of truck traffic servicing the residential neighborhoods north of this location. Any significant growth in truck traffic would probably indicate an increased use of Dell Road for trips through Eden Prairie. We would recommend that the truck survey be repeated in 1995 and if there is a significant growth in the utilization of Dell Road for through trips, the designation of alternate truck routes be evaluated. EVENER WAY TRAFFIC: Eastbound and westbound traffic volumes utilizing Evener Way were collected utilizing traffic counters and compared to the projected traffic volumes at this intersection from the Heritage Road traffic study prepared by Benshoof & Associates, Inc. in March, 1992. Table 5 from that traffic study is attached to this memo. The projected traffic volume on Evener Way at Dell Road considering Heritage Road as a right-in! right-out is 1,400 adt. The current traffic volume utilizing this segment of Evener Way based on traffic counts taken on October 5-6, 1994 is 795 adt. Currently, Evener Way at its intersection with Dell Road contains a island which restricts southbound Dell Road traffic from making left turns onto Evener Way and restricts eastbound traffic from Chanhassen crossing Dell Road from Quantro Drive to Evener Way. The presence of the island in this intersection may result in transferring some trips from Evener Way entrance into this area to the Hames Way entrance into the neighborhood. This may be partially responsible for current traffic volumes being less than 60% of the projected traffic volumes based on the 1992 traffic study. An adt of 800 suggests that there is not a large volume of traffic utilizing Evener Way to travel between Dell Road and Valley View Road. The island in the intersection makes it inconvenient to use for access to the neighborhood if you are southbound on Dell Road. It should be noted that Kimberly Lane and Evener Way within the Ridge 2nd Addition contain 69 homes. At an average of 10 trips per day per home, 690 trips are generated from the affected area. If this street system were a cul-de-sac, over 85% of the traffic would still exist. If the island is removed we would expect traffic volumes at this intersection to increase. We would recommend that Evener Way residents be surveyed as to their opinion of the median prior to a decision to remove it. NOISE POLLUTION: In their petition residents indicated a concern for noise pollution in their neighborhoods. Several sources of traffic noise may be identified. Noise from TH 5 carries easily over the opiates of the Mitchell Lake Marsh into these residential neighborhoods. There is a reasonable volume of truck and automobile traffic utilizing the segments of Dell Road south of Evener Way for access into the industrial park within Chanhassen. A significant number of school buses utilize Dell Road. The cumulative effect of these sources is very obvious to area residents at certain times of the day. One resident has measured noise level on their deck along the west side of Dell Road north of the railroad track. The reported results slightly exceeded the PCA nighttime noise standard between 6:00 a.m. and 7:00 a.m. These tests show noise volumes to be below PCA thresholds for the remainder of the day. Given the recorded traffic volumes and observed truck utilization of Dell Road, we anticipate that the traffic noise from Dell Road is very similar to other collector road segments within the community. Given the commuter characteristics of our community it is very likely that the PCA nighttime noise standard is exceeded along most collector road segments of our community between 6:00 a.m. and 7:00 a.m. The City has never proposed to mitigate noise from these types of facilities. Nighttime noise standards are exceeded along many of the trunk highways and county roads within the City. In most cases it is not cost effective or aesthetically desirable to erect the noise walls necessary to reduce noise levels to PCA nighttime standards - a posture similar to virtually all cities and the State and the County except along freeway intrusions into existing neighborhoods with significantly higher traffic volumes. It is not feasible to reduce traffic related noise to below the PCA recommendations in all residential neighborhoods of our community. We do not recommend further study and analysis of Dell Road to correct a minor deviation from PCA standards. CITY OF EDEN PRAIRIE Engineering Division, Department of Public Works 0. £.2. Z SUMMARY AND CONCLUSIONS: 1. The current traffic volumes on Dell Road and Evener Way are below traffic projections. 2. Traffic speeds on Dell Road and other road segments within the City will benefit from an increase in traffic enforcement. The action plan proposed by Police Chief Clark is recommended. 3. The volume of traffic utilizing Dell Road north of Evener Way is reasonable. An increase of traffic enforcement should help to reduce truck speeds. The truck survey should be repeated in 1995 to detect any growth in through truck traffic. 4. Traffic generated noise exists within the neighborhood but is reasonable considering the proximity of the neighborhood to TH 5 and the industrial park within Chanhassen. Very little benefit will result from expensive efforts to mitigate noise. The noise levels within this neighborhood are not likely to be significantly different from other neighborhoods in similar proximity to trunk highways and collector roads. 5. If a desire to remove the island on Evener Way at Dell Road still exists, the engineering staff should be directed to compose a fact sheet and a survey to allow an informed decision by the residents. ADGIEAD:ssa CrrY OF EDEN PRAJRIB Engineering Division, Department of Public Works KI, £,Z. 3 TO: FROM: DATE: SUBJECT: MEMORANDUM Gene Dietz, Public Works Director Jim Clark, Chief of POliC~ October 27, 1994 Dell Road We have targeted Dell Road, north of Highway 5, for increased traffic enforcement since the day that the road opened. Most recently, pursuant to Council request, we have conducted more traffic enforcement efforts. Our findings certainly are consistent with your department's speed survey. Cited violators represent a mix of local residents and people who live away from that area. Our department considers Dell Road to have the same enforcement needs as other major City through streets such as Anderson Lakes Parkway, Valley View Road, etc. Action Plan: • Dell Road will continue to remain on our targeted list for increased traffic enforcement. • Additional officers will be scheduled on overtime and funded by citation revenue to increase our traffic enforcement efforts. • Engineering staff and Police staff will consult on traffic safety issues, throughout the City, and will establish tolerances based on risk. • Educational opportunities will be explored and implemented as appropriate. JGC:sm h.. Eugene Dietz -13-March 31, 1992 I . ' Based on the above traffic analysis for local and through trips, the daily traffic at the five access locations has been determined and tabulated in Table 5. In addition, these daily volumes are illustrated in Figure 5 . TABLES PROJECTED DAILY TRAmc VOLUMES ON CITY STREETS NORTHWEST OF HIGHWAY S AND CO. HIGHWAY 4 Full Access Reritage Rd. Heritage Rd. Heritage Rd. Roadway All Locations Closed Right In/Out Signalized Luther Way just west 300 400 350 300 of Church access Hames Way just south 3100 3700 3450 2700 of Valley View Rd. Evener Way just east 1250 1550 1400 1250 of Dell Rd. Heritage Road just 1300 0 600 1800 north of T.H. 5 Carnelian Lane just 600 900 750 500 north of Main St. TOTAL 6550 6550 6550 6550 Traffic Analysis Traffic analyses regarding the four scenarios for the Heritage Road/T.R. 5 intersection have been performed to identify impacts and to determine the preferred traffic solution. The four scenarios have been analyzed based on the following criteria: • • • • Balance of residential traffic volumes at all five access locations to/from the study area Reasonable access for properties in the study area Safe and efficient traffic movements on residential streets and at intersections with major City, County and State roadways Impacts on roadways adjacent to the study area Each of the four scenarios, along with their benefits and disadvantages, is discussed in further detail. DELL ROAD -NORTHBOUND CIT-Y OF EDEN PRAIRIE PUBLIC WORKS DEPT. :ENGINEERING DIVISION. 09-30-1994 Volume by Speed Report -D0920002.PRN 14:19 Pg 2 -------------------------------------------------------------------------------- Station Data Summary -------------------- Speed 1-20 21-25 26-30 31-35 36-40 41-45 46-50 51-55 56-99 Tot: -------------------- ------------------"----------------------------------- Grand Totals 15 53 246 606 622 168 20 4 1 Ii: Percentages 0.86 3.05 14.18 34.93 35.85 9.68 1.15 0.23 0.06 Speed Summary Total Avg Spd 15%ile 50%ile 85%ile >30 %>30 ------------------------- ----------- 1735 34.80 Speed .l.:n Hour 7-8 ?ercentages P:n Hour 18-19 Percentages 29.13 1-20 3 20.00 2 13.33 34.65 39.57 1421 81.9 Am/Pm Peak Hour Totals ---------------------- 21-25 11 20.75 6 11.32 26-30 38 15.45 22 8.94 31-35 66 10.89 62 10.23 36-40 69 11. 09 50 8.04 >35 %>35 815 47.0 41-45 11 6.55 15 8.93 46-50 2 10.00 o 0.00 TOTAL NORTHBOUND TRAFFIC 1730 >40 %>40 193 11.1 51-55 o 0.00 o 0.00 56-99 o 0.00 o 0.00 Tot:. 2( 11. ~ If 9. ( .. 09-30-1994 DELL ROAD -SOUTHBOUND CITY OF EDEN PRAIRIE PUBLIC WORKS DEPT. ENGINEER'ING DIVISION Volume by Speed Rep'Ort' -00920001. PRN 14:11 Pg 2 -------------------------------------------------------------------------------- Station Data Summary -------------------- -------------------- ----------------------------------------------------- Speed 1-20 21-25 26-30 31-35 36-40 41-45 46-51 52-55 56-99 Totc. Gr~nd Totals 42 102 386 701 440 77 13 0 1 17c Percentages 2.38 5.79 21.91 39.78 24.97 4.37 0.7~ 0.00 O.OS Speed Summary ------------- Total Avg Spd 15%ile 50%ile 85%ile >30 %>30 >35 %>35 >40 ~D40 ------------------------------- 1762 32.S1 27.25 33.00 38.42 1232 69.9 531 30.1 91 5.2 Am/Pm Peak Hour Totals ---------------------- Speed 1-20 21-25 26-30 31-35 3S-~0 41-45 4S-51 52-55 56-99 Tota -------------------------- ------ ------------------ ----------------------- .\;n Hour 7-8 Percentages Pm Hour 17-18 Percentages 3 7.14 4 9.52 7 6.86 9 8.82 11 2.85 55 14.25 36 28 5.H 6.36 79 59 11.27 13.41 4 5.19 7 9.09 TOTAL SOUTHBOUND TRAFFIC 1760 1 7.69 1 i.69 o a 0.00 0.00 o 1 0.00 100.00 9 5.1 21 12.2 , , COMPLETED DELL ROAD EXTENSION AND THE INTERSECTION OF DEEL ROAD AND EVENER .' -",. -..... -.: ":: .. -. -.-. ..-~ WAY, AND THE IMPACT OF TRAFFIC FLOWING THROUGH THESE AREAS. WE REPRESENT A GROUP OF FAMALIES LIVING IN THE ADJACENT NEIGHBORHOODS. WE HAVE HELD SEVERAL MEETINGS IN OUR NEIGHBORHOOD AND HAVE DECIDED TO ADDRESS THE CITY COUNCIL. MANY OF OUR GROUP HAVE ALREADY HAD INDIVIDUAL CONTACT VITH VARIOUS DEPARTMENTS AND PEOPLE WITHIN CITY GOVERNMENT TO INCLUDE THE POLICE DEPARTMENT AND THE DEPARTMENT OF ENGINEERING. WHILE PEOPLE VITHIN THESE ORGANIZATIONS HAVE BEEN SYMPATHETIC AND INTERESTED IN OUR CONCERNS, WE, AS A GROUP FEEL THAT OUR INDIVIDUAL QUESTIONS AND COMMENTS HAVE NOT RECEIVED ADEQUATE ANSWERS OR REPLIES. THUS OUR VISIT HERE TONIGHT AS A GROUP. ATTACHED AS' EXHIBIT "A" YOU WILL FIND A MAP OF THE AREA OF CONCERN. WE RAISE THE FOLLOWING ISSUES REGARDING THIS AREA: I. SPEED LIMIT ON DELL ROAD THE POSTED SPEED LIMIT ON DELL ROAD IS 30 MPH. IT IS THE OPINION OF ALL OUR GROUP WITHOUT EXCEPTION THAT VERY FEW VEHICLES USING DELL ROAD OBEY THIS POSTED SPEED LIMIT. AS VEHICLES EXIT HIWAY 5 TRAVELLING NORTHBOUND ~. . THE FIRST THING THEY ENCOUNTER IS P DOWNHILL GRADE AND BY THE TIME THEY REACH THE INTERSECTION OF EVENER WAY WHERE COINCIDENTLY DELL ROAD NARROWS, THEY HAVE MOST TIMES CERTAINLY REACHED AN EXCESSIVE SPEED. A SIMILAR SITUATION EXISTS WITH SOUTHBOUND TRAFFIC. THERE IS A STOP SIGN JSUT HOKrH OF THE RAILWAY UNDERPASS AT THE INTERSECTION OF DELL ROAD AND TWILIGHT TRAIL. AS VEHICLES EXCELERATE FROM THIS STOP SIGN, THEY SEEM TO fl. /;,.2. ( - 2 - ASSUME THAT THERE IS A RACE TO GET TO HIWAY 5 AS QUICKLY AS POSSIBLE AND IN SO DOING ATTAIN EXCESSIVE SPEEDS. MANY INDIVIDUALS IN OUR GROUP HAVE CALLED THE POLICE FREQUENTLY.. AT TIMES THIS SEEMS TO HELP FOR .SHORT PERIODS OF TIME AS PATROLS ARRIVE ON THE SCENE, BUT MOST OFTEN WE ARE TOLD THAT THE POLICE DEPARTMENT DOES NOT HAVE ADEQUATE RESOURCES TO PATROL DELL ROAD ON A CONCENTRATED BASIS. FURTHERMORE, WE HAVE BEEN TOLD THAT THE ENGINEERING DEPARTMENT CANNOT HELP TO CONTROL SPEEDERS. II. EVENER WAY SPEED AND THROUGH TRAFFIC EVENER WAY IS A RESIDENTIAL STREET. WE NOTICE THAT OFTENTIMES VEHICLES ARE USING EVENER WAY AS A THROUGH STREET OR "SHORT CUT" FROM DELL ROAD TO VALLEY VIEW ROAD. (SEE MAP -EXHIBIT "A") WE ARE ESPECIALLY CONCERNED ABOUT INCREASED TRAFFIC FLOW AND EXCESSIVE SPEED NOW THAT SCHOOL HAS REOPENED FOR THE YEAR. THERE ARE ALMOST 70 SINGLE FAMILY HOMES IN "THE RIDGE" EDITION ALONE AND MOST OF THESE FAMILIES HAVE YOUNG CHILDREN. FURTHERMORE, AS DEVELOPMENT INCREASES SOUTH OF HIWAY 5 AND AT ·THE ROTTLUND DEVELOPMENT AT THE CORNER OF HIWAY 5 AND DELL ROAD, WE WORRY THAT EVEN MORE TRAFFIC WILL USE EVENER WAY AS A DESIGNATED "SHORT CUT". III. TRUCK TRAFFIC ON DELL ROAD THE RESIDENTS LIVING ALONG DELL ROAD ARE CONCERNED AND WORRIED ABOUT THE NUMBER AND SIZE OF LARGE INDUSTRIAL, COMMERCIAL, AND CONSTRUCTION VEHICLES USING DELL ROAD ON A REGULAR BASIS. MANY, IF NOT MOST, OF THESE LARGE TRUCKS ARE ALSO EXCEEDING THE POSTED SPEED LIMIT. IN ADDITION TO THE DANGERS POSED BY THESE LARGE, HEAVY VEHICLES TRAVELLING AT HIGH SPEEDS, WE WONDER ABOUT Xl .. ~, 2.., - 3 - THE POTENTIAL LONG TERM DAMAGE TO THE ROADWAY AND THE POTENTIAL FINANCIAL . COST TO THE CITY TO ULTIMATELY REPAIR AND MAINTAIN DELL ROAD. IS DELL ROAD DESIGNED AND PLANNED TO FACILITATE HEAVY INDUSTRIAL TRAFFIC? IV. NOISE POLLUTION THE COMBINATION OF SPEEDING CARS AND INDUSTRIAL TRUCKS ON DELL ROAD IS CAUSING SIGNIFICANT "NOISE POLLUTION." ONE NEEDS ONLY STAND ALONG DELL ROAD TO RECOGNIZE THIS PROBLEM. HOWEVER, ONE CONCERNED RESIDENT HAS ACTUALLY PERFORMED TESTS ACCORDING TO GOVERNMENT STANDARDS AND DISCOVERED THAT FROM HIS DECK, THE TRAFFIC NOISE IS EXCEEDING GOVERNMENT STANDARDS. ATTACHED AS EXHIBIT "B" IS HIS LETTER AND STUDY AS SUBMITTED TO THE CITY ENGINEERS. WE RECOGNIZE THAT A CERTAIN NOISE LEVEL IS INEVITABLE FROM NORMAL TRAFFIC, BUT IN THE CASE OF DELL ROAD, THIS NOISE IS EXCESSIVE. THE ABOVE 4 POINTS CONTAIN OUR MAIN CONCERNS. YOU WILL NOTE FROM THE MAP OF THE AREA (EXHIBIT "A") THAT DELL ROAD HAS BICYCLE AND PEDESTRIAN PATHS ON BOTH EAST AND WEST SIDES. EVENER WAY HAS A SIDEWALK ON THE SOUTH SIDE. WE HAVE SEEN A SIGNIFICANT INCREASE IN RECREATIONAL TRAFFIC ON THESE PATHWAYS THt:IR., SINCE_THERE COMPLETION. (I.E. JOGGERS, WALKERS, BICYCLERS, ROLLERBLADERS, ETC.) AS RESIDENTS WE ENJOY AND PROMOTE THIS TYPE OF USE FOR OBVIOUS REASONS, BUT WE WORRY ABOUT THE IMPACT OF HEAVY VEHICLE TRAFFIC UPON PEDESTRIAN USE OF THESE AREAS AND THE RELATED POTENTIAL SAFETY PROBLEMS. WE ARE HERE TONIGHT NOT TO CRITICIZE OUR CITY BUT TO ASK FOR HELP IN SOLVING THESE PROBLEMS. IN OUR GROUP DISCUSSIONS WE ALL HAD OPINIONS ABOUT SOLUTIONS. HOWEVER, WE ALSO AGREED THAT RATHER THAN MAKE SPECIFIC RECOMMENDATIONS, WE SIHPLY APPEAR HERE BEFORE YOU AND ASK TO HAVE THE CITY PROPOSE SOLUTIONS WITHIN - 4 - THE REALM AND SCOPE OF THE CITY PLANS AND REGULATIONS. IT OUR HOPE AND WISH THAT THE CITY ENGINEERS CAN DEVISE WAYS TO IMPROVE VEHICLE COMPLIANCE WITH SPEED LAWS THROUGH IMPROVED SIGNAGE, STREET PAINTING, OR OTHER METHODS. FURTHERMORE, WE HOPE AND WISH THAT THE POLICE DEPARTMENT CAN ATTEMPT TO BETTER ENFORCE THE EXISTING SPEED LAWS, PERHAPS WITH A WEEK LONG CONCENTRATED PATROL EFFORT walCH WILL EDUCATE USERS OF DELL ROAD AND EVENER THAT THE SPEED LAWS WILL BE ENFORCED.· IN CONCLUSION, WE ASK THE CITY COUNCIL, ALONG WITH THE POLICE DEPARTMENT AND THE ENGINEERING DEPARTMENT TO WORK ON SOME SPECIFIC PLANS FOR DELL ROAD AND EVENER WAY TO ADDRESS THE FOREMENTIONED ISSUES. OUR INTENT WILL BE TO RETURN IN ONE MONTH TO DISCUSS SPECIFIC PROPOSALS OFFERED BY THE CITY. OUR INTENT WOULD THEN BE TO WORK WITH THE VARIOUS DEPARTMENTS WITHIN CITY GOVERNMENT AND OUR NEIGHBORHOOD TO IMPROVE THE EXISTING PROBLEMS REGARDING DELL ROAD AND EVENER WAY IN A SAFE AND COST EFFECTIVE MANNER. WE THAN~ YOU AGAIN FOR THIS OPPORTUNITY TO ADDRESS THE CITY COUNCIL WITH OUR CONCERNS. RESPECTlDLLY SUBMITTED, A B c ® d~ H .... dir.nl 27. EAGLE R!l.GE 28. AEACON CIR. 29. IRVINE CIA • .sO. t,fX)t<OUT ~T. C HANHASSENJ !~~ ~~~,:~~~._~I.~_L£ I 11 AMHER'io1' LA 32 wAl<EFJ£lC OR. 3' CLAIRE CO\JRT l~ I'lEASANlVIEW AD 3!1 JOSEf''' CUtlv£ .It BRACt<£T 1 RO 1 '1 1 I M! 59. 94 ~.-"oJ .~ .. .... ~ ,a w -. "" . ~ " :>< July 25, 1994 Mr. Al Gray City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55343 Subject: Dell Road Traffic Noise Dear Mr. Gray: Aco~stical measurements have been conducted for the purpose of determining the noise developed by traffic on the recently opened segment of Dell Road between Twilight Trail and the TC&W overpass. An LDL Model 700 Dosimeter and Sound Level Meter was stationed on my property, which borders this section of ~ell Road on the west. All data was acquired and analyzed in accordance· with procedures promulgated by the Minnesota Pollution control Agency. The data clearly show that the noise levels generated b'l Dell Road at this location exceed the values allowed by MPCA, by both the L10 and L50 criteria. L10 was measured to be 59dBi L50 to be 51dB. We do not believe that the City of Eden Prairie intende~ to violate MPCA regulations by opening such a road. Furth/!::::-more, now that you are aware of the situation, we are certain that you will wish to examine possible alternatives to be imple~e~ted to bring Dell Road into compliance. Since such a study may take some time, we would recomme~d t~at as an interim measure, all truck traffic be immediately pr~hib~ted from residential portions of Dell Road. . , "Kj.E,J....13 Mr. Al Gray city of Eden Prairie July 25, 1994 Page 2 of 2 Additionally, we request that you advise the police department of the need to vigorously enforce the traffic laws, especially the 30 MPH speed limit, in this area. Thank you for not hesitate any qu s ur prompt attention to this situation. Please do all (home 934-3415, work 831-8086) if we can iO~O apprise us of your progress. -" will~am T. Sutherland 18564 Kristie Lane Eden Prairie, MN 55346 . , 'K1.Ell./~ ~ ... l't\ ~ , -..,.., @ &;j The following residents of Eden Prairie are greatly concerned about the amount, the speed, and the noise of traffic in our residential area. We would like the city to take positive action in this matter: Name. Address Phone # 1 1 2 3 111'-9S-t>S- 4 937.-DS7b 15 037,;iQh5 !(i 1~cf-r~~ ~ 17 18 10 11 12 I ( '><: -. h'I . N , -r- 'v' I" The following residents of Eden Prairie are greatly concerned about the amount, the speed; and the noise of traffic in our residential area.. We would like the city to take positive action_ in this 17JlItter: Address Pbone# erst( -s4{ " I( .( ~ 13 7-23Z-Z.- 4 (57i~ Gp, 3"1 -VIY () ~ 1 %'..5' tJ f:, -t..jL/o/ 18 {)v-. 94q-J-IY~ ~f/L &v 93 y-~3z.5 11 12 13 .~ ... "- ~ .. r,.. , ""-0 --""-.l i~\ I \ The following residents of Eden Prairie are greatly concerned about the amount, the speed, and the noise of traffic in our residential area. We would like the city to take positive action in this matter: Name Address Phone # 1 2 3 4 .5 t: '!! 7 8 Ef .E v~u-WCla ep Name Address Phone # 14 1 • l~A~L'r Lkut 14.q-ZoYT 15 J:;~~~~ ~£ c,~q-2S9"L 16 19 20 :~ ~ .. \"3 , -a.q, 1:.< q~-~S~/ Q3t./-g& 29 I Sed & CgJ1J'I 1?~~8'l. ~ ti ~ :t-~ -~~ c:u ~ 'C) ~ \,,)-~ c:: er-0 \'So , ~ \ ct ~ 'rQ ~ ~ a-~