HomeMy WebLinkAboutCity Council - 09/21/1993 AGENDA
EDEN PRAIRIE CITY COUNCII.
TUESDAY, SEPTEMBER 21, 1"3 7:30 PM, CITY HALL COUNCIL CHAMBER
7600 Executive Drive
COUNCHAIEMBERS: Mayor Douglas Tenpas, Richard Anderson,
Jean Harris, H. Martin Jessen, and Patricia
Pidcock
CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the
City Manager Craig Dawwn, City Attorney
Roger Pauly, Finance Director John D. Fr=4
Director of Community Development Chris
Enger, Director of Parks, Recreation &
Natural Resources Robert Lambert, Director of
Public Works Gene Dietz, and Council
Recorder
PLEDGE OF ALLEGIANCE
ROLL CALL
PRESENTATION OF PLAQUE TO NORWEST BANK- EDEN PRAIRIE IN
APPRECIATION OF FINANCIAL CONTRIBUTION TO THE 4TH OF JULY
CELEBRATION
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
H. OPEN PODIUM
III. MINUTES
A. REGULAR CITY COUNCIL MEETING HELD TUESDAY, Page 2071
SEPTEMBER 7. M
IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST Page 2078
B. VALLEY SPORTS & TRAVEL by J. Randall Iverson. 2nd Page 2079
Reading of an Ordinance for Zoning District Change from Rural to
Commercial Regional Service on 0.8145 acres and Approval of a
Developer's Agreement for Valley Sports & Travel. Location:
South of Valley View Road, east of Prairie Center Drive.
(Ordinance for Zoning District Change from Rural to Commercial
Regional Service)
C. AUTHORIZE SON OF LEASE FOR ffiGH VOLUME Page 2085
COPIIIt
City Council Agenda
Tuesday, September 21, 1993 .
Page Two
D. BACHMAN'S by Bachman's Inc. 2nd Reading of an Ordinance for page 2087
PUD District Review on 5.0 acres and Rezoning from Rural to
Commercial Regional Service on 5.0 acres and Approval of a
Developer's Agreement for Bachman's. Location: Northwest
corner of Prairie Center Drive and Singletree Lane. (Ordinance for
PUD District Review and Rezoning from Rural to Commercial
Regional Service)
E. BOULDER POINTE 5TH ADDITION by Robert H. Mason, Inc. Page 2095
2nd Reading of on Ordinance for PUD District Review on 31.21
acres and Rezoning from Rural to R1-13.5 on 31.21 acres and
Approval of a Developer's Agreement for Boulder Pointe 5th
Addition. Location: Boulder Pointe Road and-Mitchell Road.
(Ordinance for PUD District Review and Rezoning from Rural to
R1-13.5)
F. APPROVE CORPS OF ENGINEERS PERMIT APPLICATION Page 2101
FOR WETLAND IMPACTS FROM THE PL��►NNEICI
CONSTRUCITON OF DELL ROAD AND SCENIC HEIGHTS
ROAD
G. RESOLUTION APPROVING FINAL PLAT OF DEERFI" Page 2123
(dkgnged to Hawthorne of Eden Prairie) located north of the
proposed intersection of Dell Road and TH 212
H. RESOLUTION APPROVING FINAL PLAT OF BOULDER Page 2125
POIlVTE 5TH ADDITION (located between Afitchell Road and Red
Rock Lake)
I. APPROVE CHANGE ORDER NO, 1 FOR ELEVATED WATER Page 2127
STORAGE FACH ITY, LC. 52-248
J. RESOLUTION APPROVING FINAL PLAT APPROVAL OF Page 2128
EDEN PRAIRIE MARKETCEKM- 2ND ADDITION (located at
the N.E. quadrant of Prairie Center Drive and Singletree Lane)
V. PUBLIC HEARINGS/MEETINGS
A. SHADY OAK RIDGE 4TH ADDITION by Joe Ruzic. Request for Page 2129
Zoning District Change from Rural to R1-13.5 on 2.28 acres and
Preliminary Plat of 2.28 acres into 4 lots. Location: Northwest
corner of Rowland Road and Old Shady Oak Road. (Ordinance for
Zoning District Change from Rural to R1-13.5 and Resolution for
Preliminary Plat) Continued from September 7, 1993
City Council Agenda
Tuesday, September 21, 1993
Page Three
6. : PETER ANDREA 5TH ADDITION by Peter Andrea. Request for Page 2136
Zoning District Change from Rural to RM-6.5 on 8.89 acres,
Rezoning from Rural to R1-" on 6 acres and Preliminary Plat of
14.89 acres into 16 twin home lots and 6 single family lots.
Location: Willow Creek Road and Bryant Lake Drive. (Ordinance
for Zoning District Change from Rural to RM-6.5 and Resolution
for Preiminary Plat)
VI. PAYMENT OF CLAIMS Page 2195
VH. ORDINANCES AND RESOLUTIONS
VM. PETITIONS, REQUESTS AND COMMUNICATIONS
A. Request from HAEP to operate concession stands at the Eden Page 2196
Prairie Community Center
IX. REPORTS OF ADVISORY BOARDS, COMNIISSIONS &
CONEMWITM
X. APPOIN NIJE VTS
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCHMEMBERS
B. REPORT OF CITY MANAGER
1. Set Tuesday. October 5. 1993, 6:45 PM, to interview►
candidates to fill vacancy on the Board of App ads &
Adjustments for a term to exnire 2/28/95
C. REPORT OF DIRECTOR OF PARKS. RECREATION &
NATURAL RESOURCES
D. REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT
E. REPORT OF DIRECTOR OF PUBLIC WORKS
1. Resolution Awarding Contract for Sand Blasting and
Painting Baker Road Ground Water Storage Tank, LC. No.
39 5335
F. REPORT OF CITY ATTORNEY
G. REPORT OF FINANCE DIRECTOR
7OI. OTHER BUSINESS
%III. ADJOURNMENT
MINUTES
0 EDEN PRAIRIE CITY COUNCIL
TUESDAY, SEPTEMBER 7, 1993 7:30 PM, CITY HALL COUNCIL CHAMBER
7600 Executive Drive
COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin
Jessen, and Patricia Pidcock
CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig
Dawson, City Attorney Roger Pauly, Finance Director John D.
Frane, Director of Community Development Chris Enger,Director
of Parks, Recreation & Natural Resources Robert Lambert, and
Director of Public Works Gene Dietz
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Tenpas called the meeting to order at 7:30 p.m. All members were present.
PROCLAMATION FOR NATIONAL LITERACY MONTH
A&Aayor Tenpas presented the proclamation declaring September as Literacy Month on behalf of the Adult
'RWLiteracy Group.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Pidcock added item XI.A.1., ISTEA Funds for Southwest Metro Transit and XI.A.2., Appointment
of Jessen to National League of Cities Policy Committee. Tenpas added item XI.A.3., Unkent
Residential Properties. Jullie added item XI.B.I., Authorization for Mayor and Manager to Execute
Purchase Agreement and XI.C.1., Hennepin County Highway Funding Policy.
MOTION: Pidcock moved, seconded by Anderson, to approve the agenda as submitted and amended.
Motion carried unanimously.
H. OPEN PODIUM
Jim Eckblad, 15406 Village Woods Drive, asked about the City's efforts regarding the bogs surfacing
within Red Rock Lake. Dietz said that Staff was continuing its work on this to obtain necessary approvals
for removal of the bogs. Council directed Staff to keep Mr. Eckblad informed of progress on the matter.
M. MINUTES
A. REGULAR CITY COUNCIL MEETING HELD TUESDAY, AUGUST 17, 1993
MOTION: Anderson moved, seconded b Pidcock, to approve the minutes as submitted. Motion
Y PP
carried on a 4-0-1 vote, with Harris abstaining.
City Council Minutes 2 September 7, 1993
IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. EXECUTION OF SUBRECIPIENT AGREEMENTS FOR YEAR XIX CDBG PROGRAM
(Resolution #93-181)
C. VALLEY SPORTS & TRAVEL by J. Randall Iverson. 2nd Reading of Ordinance for Zoning
District Change from Rural to Commercial Regional Service on 0.8145 acres and Approval of a
Developer's Agreement for Valley Sports & Travel. Location: South of Valley View Road, east
of Prairie Center Drive. (Ordinance for Zoning District Change from Rural to Commercial
Regional Service) (Continued to September 21, 1993)
D. MINNESOTA PLASTICS by Ryan Construction. 2nd Reading of an Ordinance for PUD District
Review with waivers on 3.17 acres and Zoning District Amendment in the I-2 Park Zoning District
on 3.17 acres and Approval of a Developer's Agreement for Minnesota Plastics and Adoption of a
Resolution Approving Site Plan for Minnesota Plastics. Location: Valley View Road and Equitable
Drive. (Ordinance #35-93-PUD-10-93, PUD District Review and Zoning District Amendment
and Resolution #93-182, Site Plan)
E. 7901 BUILDING RENOVATION AND PARKING EXPANSION by Smith Architects. 2nd
Reading of an Ordinance for Zoning District Change from I-General to I-2 on 0.17 acres. Locatio
7901 Fuller Road. (Ordinance #33-93, Zoning District Change from I General to I 2)
F. BLUFFS EAST 14TH ADDITION by Hustad Development. 2nd Reading of an Ordinance for
PUD District Review on 10.65 acres and Zoning District Change from Rural to R1-13.5 on 10.65
acres and Approval of a Developer's Agreement for Bluffs Fast 14th Addition. Location: Bluff
Road and Wild Duck Pass. (Ordinance #36-93-PUD-11-93, PUD District Review and Zoning
District Change)
G. FINAL PLAT APPROVAL OF BLUFFS EAST 14th ADDITION, located south of Franlo Road
and north of Bluff Road (Resolution #93-183)
H. REQUEST FOR LAND ALTERATION PERMIT FOR PRAIRIE LAKES BUSINESS
CENTER, located east of Prairie Center Drive and west of Anderson Lakes
I. AUTHORIZE EXECUTION OF SUPPLEMENTAL AGREEMENT, for Townline Road,
Hennepin County Project No. 6312, City I.C. 52-173
J. CHANGE ORDER NO. 6 FOR THE COMMUNITY CENTER ADDITION
K. CHANGE ORDER NO. 1 FOR THE COMMUNITY CENTER PLAZA
L. RESOLUTION #93-184, AUTHORIZING PAYMENT OF CERTAIN CLAIMS WITHO
PRIOR COUNCIL APPROVAL
City Council Minutes 3 September 7, 1993
M. RECEIPT OF 100% PETITION FOR THE INSTALLATION OF SANITARY SEWER TO
SERVE THE BEARPATH SUBDIVISION (WITHDRAWN)
MOTION: Harris moved, seconded by Pidcock, to approve items A., B., and D. - L. of the
Consent Calendar, continuing Item C. to September 21st and deleting item M. Motion carried
unanimously.
V. PUBLIC HEARINGS/MEETINGS
A. SHADY OAK RIDGE 4TH ADDITION by Joe Ruzic. Request for Zoning District Change from
Rural to R1-13.5 on 2.28 acres and Preliminary Plat of 2.28 acres into 4 lots. Location: Northwest
corner of Rowland Road and Old Shady Oak Road. (Ordinance for Zoning District Change from
Rural to R1-13.5 and Resolution for Preliminary Plat)
MOTION: Pidcock moved, seconded by Harris, to continue this item to September 21st, as
requested by Mr. Ruzic. Motion carried unanimously.
B. BACHMAN'S by Bachman's Inc. Request for PUD Concept Review on 23 acres, PUD District
Review with waivers on 5.8 acres, Rezoning from Rural to Commercial Regional Service on 5.8
acres and Preliminary Plat of 12.57 acres into 2 lots and 1 outlot. Location: Northwest corner of
Prairie Center Drive and Singletree Lane. (Resolution#93-185,PUD Concept;Ordinance for PUD
District Review and Rezoning from Rural to Commercial Regional Service; and Resolution#93-
186, Preliminary Plat)
Dale Bachman and Dan O'Brien presented the details of the proposed development. Enger explained
that the proponent had requested a reduction in the size of the site to be zoned. Staff reported that
the Planning Commission recommended approval of the development. An early grading permit and
early foundation permit were also requested.
There were no comments from the audience.
MOTION: Pidcock moved, seconded by Harris, to:
1) Close the Public Hearing;
2) Adopt Resolution #93-185, PUD Concept; and
3) Approve 1st Reading of the Ordinance for PUD District and Rezoning;
4) Adopt Resolution #93-186, approving the Preliminary Plat; and
5) Direct Staff to prepare a Development Agreement incorporating Commission and Staff
recommendations.
Motion carried unanimously.
City Council Minutes 4 September 7, 1993
MOTION: Pidcock moved, seconded by Harris, to authorize the proponent to proceed with ear#O
grading and early foundation permits, with the understanding that the proponent would be proceeding
at its own risk. Motion carried unanimously.
C. BOULDER POINTE 5TH ADDITION by Robert H. Mason, Inc. Request for PUD Concept
Review on 150 acres, PUD District Review on 31.21 acres, Rezoning from Rural to R1-13.5 on
31.21 acres, Preliminary Plat of 31.21 acres into 30 lots and one outlot. Location: Boulder Pointe
Road and Mitchell Road. (Resolution#93-187,PUD Concept;Ordinance for PUD District Review
and Rezoning from Rural to R1-13.5; and Resolution #93-188, Preliminary Plat)
Randy Travalia, President of Robert H. Mason Homes, Inc.,presented the details of the development
for review. Enger reported that the Planning and Parks, Recreation, and Natural Resources
Commissions recommended approval of the development, noting that shoreland ordinance variances
were recently approved for Lots 3, 4, and 5, by the Board of Appeals and Adjustments. Travalia
requested an early grading permit for the development, as well. There were no comments from the
audience.
Councilmembers discussed the park dedication for the overall project and asked that, prior to review
of the developer's agreement for the property, a summary be presented to the Council regarding the
park dedication for the overall Red Rock Ranch/Boulder Point development.
MOTION: Harris moved, seconded by Jessen, to:
1) Close the Public Hearing;
2) Adopt Resolution #93-187, PUD Concept approval; and
3) Approve the 1st Reading of the Ordinance for a PUD District Review and Rezoning;
4) Adopt Resolution #93-188, approving the Preliminary Plat; and
5) Direct Staff to prepare a Development Agreement incorporating Commission and Staff
recommendations.
Motion carried unanimously.
MOTION: Harris moved, seconded by Jessen, to authorize developer to proceed with early grading
on the property, with the understanding that the developer would be proceeding at its own risk.
Motion carried unanimously.
D. VIROMED LABORATORIES by Opus Corporation. Request for Comprehensive Guide Plan
Change from Office to Industrial on 5.22 acres, PUD Concept Amendment on 5.22 acres, Rezoning
from Office to Industrial on 5.22 acres, and Site Plan Review on 5.22 acres for construction of a
50,550 square foot building. Location: Opus Circle Blue east of American Family Insuran
(Resolution #93-189, Comprehensive Guide Plan Amendment; Resolution #93-190, PU*
Concept; and Ordinance for Rezoning from Office to Industrial)
A
City Council Minutes 5 September 7, 1993
Dr. Bonnie Baskin, President and founder of Viromed, explained the nature of microbiological
testing which occurred in her business, noting that she employed approximately 85 full time
personnel, and over 100 personnel with part-time staff.
Staff reported that the Planning Commission had recommended approval of the proposal. There
were no comments from the audience.
Councilmembers raised questions regarding tree preservation in light of future parking needs, the
types of materials handled by the laboratory, and mass transit considerations.
The proponent responded that future parking would be constructed in the form of a deck to avoid
any further removal of trees or any encroachment into the treed areas. With respect to hazardous
materials, Dr. Baskin explained that there would be no chemicals involved in the testing processes.
She added that the business had a license from the Nuclear Regulatory Commission for small
amounts of tritium used in their procedures, noting that the regulations were quite strict in order to
maintain the permit.
Enger stated that Southwest Metro Transit staff regularly participated in development review at early
stages of a development application and had been made aware of the proposed Viromed development.
Council directed Staff to provide proper notification to the City's Emergency Response personnel
regarding the materials on the site.
MOTION: Harris moved, seconded by lessen, to:
1) Close the Public Hearing;
2) Adopt Resolution #93-189, Comprehensive Guide Plan Amendment;
3) Adopt the Resolution #93-190, PUD Concept approval;
4) Approve 1st Reading of Ordinance for Rezoning District Amendment; and
5) Direct Staff to prepare a Development Agreement incorporating Commission and Staff
recommendations.
Motion carried unanimously.
E. MODIFICATION OF DEVELOPMENT DISTRICT NO. 1 (Resolution #93-191)
Staff explained the proposed boundary amendments to Tax Increment District No. 1, noting that the
major additions would be the Purgatory Creek Recreation Center and Eden Prairie City Center.
There were no comments from the public.
MOTION: Pidcock moved, seconded by Harris, to:
1) Close the Public Hearing;
City Council Minutes 6 September 7, 1993
2) Adopt Resolution #93-191, amending the Development District Amendments.
Motion carried unanimously.
VI. PAYMENT OF CLAIMS
MOTION: Pidcock moved, seconded by Anderson, to approve the Payment of Claims as presented.
Motion carried on a roll call vote, with Anderson,Harris,Jessen, Pidcock, and Tenpas voting "aye."
VII. ORDINANCES AND RESOLUTIONS
A. 1994 BUDGET AND TAX LEVY (Resolution #93-192)
MOTION: Anderson moved, seconded by Pidcock, to adopting Resolution #93-192, Adopting the
Proposed 1994 Property Tax Levy, Setting Truth-in-Taxation Hearing Date(s), and Accepting a
Proposed 1994 Budget for the General Fund and Tax-Supported Debt Obligations.
VIII.PETITIONS. REQUESTS AND COMMUNICATIONS
A. Satterstrom Variance Appeal
Mr. Jim Satterstrom requested that the Council consider a variance which was denied by the Bo
of Appeals and Adjustments for his property at 9818 Squire Lane. The purpose of the request w
for construction of a ten-foot addition on the front of a three-car garage facing into a cul-de-sac.
Mr. Satterstrom submitted a petition from his neighbors, indicating they were in favor of the addition
he proposed.
MOTION: Jessen moved, seconded by Pidcock, to authorize a front yard setback variance to allow
an eight-foot addition to the front of the three-car garage at 9818 Squire Lane. Motion carried
unanimously.
IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES
X. APPOINTMENTS
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Funding Received by Southwest Metro Transit
Pidcock announced that Southwest Metro had been successful in obtaining federal ISTEA
(Intermodal Surface Transportation Efficiency Act) funds totalling $3.5 million for purposes of
building the City's transit hub on Technology Drive. 0
City Council Minutes 7 September 7, 1993
2. Appointment of Jessen to Policy Committee
Pidcock stated that Councilmember Jessen had been nominated by the Minnesota League of
Cities for and received appointment to the Policy Committee of the National League of Cities.
3. Unkept Residential Properties
Tenpas related several incidents within his neighborhood regarding a particular home which was
unkept and unsightly. He explained that, while Staff had worked with every ordinance of
record to encourage clean up of the property, there was really little that could be done.
After brief discussion, Council directed Staff to prepare a tougher ordinance which could aid
in attaining compliance by owners of such unkept properties.
B. REPORT OF CITY MANAGER
1. Authorization for Mayor and Manager to Execute Purchase Agreement
MOTION: Jessen moved, seconded by Pidcock, to authorize the Mayor and City Manager to
execute a purchase agreement with Bachman's for property within the Eden Prairie
Marketcenter. Motion carried unanimously.
C. REPORT OF DIRECTOR OF PUBLIC WORKS
1. Hennepin County Highway Funding Policy
Jullie and Dietz discussed the implications of the proposed amendments to the County's cost-
participation policies. After review of the proposed position statement and Staff input, Council
authorized Staff to present a modified position, more representative of Eden Prairie, to the
County Board on September 9th.
XH. OTHER BUSINESS
XIII.ADJOURNMENT
MOTION TO ADJOURN: Pidcock moved, seconded by Harris. Mayor Tenpas adjourned the meeting
at 9:20 p.m.
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
September 21, 1993
CONTRACTOR (MULTI-FAMILY & COMM.) TEMPORARY LIQUOR
Clean Sweep, Inc. Eden Prairie High School Parent-Teacher
Construction 70, Inc. Organization (10-16-93)
Donahue Construction
Retail Construction Services, Inc.
Wind River Brewing Company ON SALE WINE & STRONG BEER
Jade Fountain II
GAS FITTER
Commercial Plumbing & Heating PUBLIC DAINCE
Association of Naval Aviation - Planes
of Fame Squadron (fee $100.09) "9-25-93
These licenses have been approved by the department heads responsible for
the licensed a, tivity.
f'
f
Pat Solie
Licensing
DEVELOPER'S AGREEMENT
VALLEY SPORT AND TRAVEL
THIS AGREEMENT, made and entered into as of September 21, 1993, by J. Randall Iverson, an
individual, 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 Change from Rural to C-Regional
Service on .82 acres and Preliminary Plat of 2.93 acres into 2 lots for construction of a 5,980 square foot
building, all on 2.93 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.34-93, 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 July 6, 1993, 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.
4. LAND ALTERATION PERNUT: 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. Developer further agrees that all grading shall proceed
in accordance with the City's Erosion Control Policy.
5. VALLEY VIEW ROAD ACCESS: Developer agrees to close the current access onto Valle
View Road when the access to the property over the adjacent property to the west is complet
Developer further agrees to obtain a cross-access agreement over the adjacent property to th
west which provides for access to Valley View Road, and which is in a form acceptable to the
City Engineer.
6. STORMWATER TREATMENT: In lieu of constructing on-site stormwater treatment facilities,
Developer agrees to compensate City $8,000 to pay for costs to provide treatment of stormwater
at an off-site location. Prior to issuance of any building permit or release of any final plat for
the property, developer shall execute an assessment agreement in the amount of $8,000 for
stormwater treatment facilities to be assessed for a period of five years at an annual interest rate
of 7.5%.
V
VALLEY SPORTS & TRAVEL
OWNERS' SUPPLEMENT TO
DEVELOPER'S AGREEMENT BETWEEN
VALLEY SPORTS & TRAVEL
AND THE CITY OF EDEN PRAIRIE
THIS AGREEMENT, made and entered into as of September 21, 1993, by and between WALTER
CARPENTER, AN INDIVIDUAL, hereinafter referred to as "Owner," and the CITY OF EDEN PRAIRIE,
hereinafter referred to as "City":
For, and in consideration of, and to induce City to adopt Ordinance No. 34-93, changing the zoning of
the Property owned by Owner from the Rural District to the Commercial Regional Service District, as more
fully described in that certain Developer's Agreement entered into as of September 21, 1993, by and between
J. Randall Iverson, an individual, and City, Owner agrees with City as follows:
1. If J. Randall Iverson, 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.
2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns
of the Property.
3. If Owner transfers such Property, Owner shall obtain an agreement from the transferee requiring
that such transferee agree to the terms of the Developer's Agreement.
VALLEY SPORTS & TRAV
6
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 34-93
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND
FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
SECTION 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally
described in Exhibit A attached hereto and made a part hereof.
SECTION 2. That action was duly initiated proposing that the land be removed from the Rural District
and be placed in the Commercial Regional Service District.
SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from
the Rural District and shall be included hereafter in the Commercial Regional Service District, and the le
descriptions of land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraphs
shall be, and are amended accordingly.
SECTION 4. City Code Chapter 1,entitled "General Provisions and Definitions Applicable to the Entire
City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted
in their entirety, by reference, as though repeated verbatim herein.
SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's
Agreement dated as of September 21, 1993, entered into between J. Randall Iverson, and the City of Eden
Prairie, and which Agreement are hereby made a part hereof.
SECTION 6. This Ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of
July, 1993, 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 21st day of September, 1993.
ATTEST:
John D. Frane, City Clerk Douglas B. Tenpas, Mayor
PUBLISHED in the Eden Prairie News on
fa)\07 cl�
Exhibit "A"
That part of the Northeast Quarter of the Southeast Quarter of
Section 10, Township 116, Range 22, Hennepin County, Minnesota
described as follows :
Beginning at the southeasterly corner of Lot 1, Block 1,
PRAIRIE WASH ADDITION, according to the recorded plat
thereof, said Hennepin County; thence on an assumed bearing
of North 21 degrees 24 minutes 22 seconds West along t_^_e
easterly line of said Lot 1 a distance of 347 .80 feet to
the northeasterly corner of said Lot 1; thence North 68
degrees 35 minutes 38 seconds East a distance of 367 .81
feet; thence northeasterly a distance of 30 . 93 feet along a
tangential curve, concave to the northwest, having a radius
of 1205 . 92 feet and a central angle of 1 degree 28 minutes
10 seconds to the easterly line of said Northeast Quarter
of the Southeast Quarter; thence South 0 degrees 30 minutes
52 seconds East along the last described easterly line a
distance of 469 .38 feet to the southeasterly corner of said
Northeast Quarter of the Southeast Quarter; thence South 89
degrees 55 minutes 16 seconds West along the southerly line
of said Northeast Quarter of the Southeast Quarter a
distance of 248 .36 feet to the point of beginning.
VALLEY SPORTS & TRAVO
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 34-93
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, NNNESOTA, REMOVING CERTAIN LAND
FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH 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 rezoning of land located at South of Valley View Road, east
of Prairie Center Drive, from Rural to Commercial Regional Service, 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: This Ordinance shall take effect upon publication.
ATTEST:
/s/ John D. Frane /s/Dour las B. Tenpas
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the
(A full copy of the text of this Ordinance is available from City Clerk.)
J`
MEMORANDUM
TO: Mayor and City Council
THROUGH: City Manager Carl J. Jullie
FROM: Natalie J. Swaggert, Director of Human Resources
SUBJECT: Award Contract for High-Volume Copier
DATE: September 17, 1993
The City has established a centralized duplication center to provide
efficient, cost-effective, internal, copying services. In order to meet
the increasing demands for professional communication materials we
must upgrade our copier capabilities. Our applications will include:
manuals, reports, newsletters (including graphics and photos),
pamphlets, and brochures. Critical concerns in our selection of a
copier are quality of copies, reliability of equipment, and service
responsiveness.
On August 5, 1993, the City advertised for proposals for a high volume
copier. Copies of the 'Request for Proposal for High-Volume Copier"
were sent to ten companies; seven bids were received.
In reviewing the bid proposals the following criteria were taken into
consideration: dependability, reliability, ease of operation, upgrade
ability, system maintenance, and operational costs.
Upon evaluating the submitted bids, the Ricoh 8880 and the Sharp
3075 most closely met the requirements of our specification. After
visiting the two vendors for further evaluation of the equipment, it is
recommended that the City lease the Ricoh 8880 copier. This is
based on the following comparisons :
Ricoh: a document handler takes 11 x 17 originals
• larger reduction and enlargement capabilities
• staples in 3 positions
• collates pre-printed tabs
• runs faster
• first copy time is quicker
• has a larger paper capacity
Sharp: • heavier power source
• quieter
::0CS
The cost comparisons for leasing a high volume copier are as follows:
60-month
Lease Purchase
• Ricoh FT8880 $ 567.29 $28,253.00
• Sharp SD-3075 $ 527.00 $23,995.00
• Kodak 1575 $1091.00 $53,780.00
• Toshiba 7110 $ 310.15 $15,129.00
• Xerox 5380 $ 811.52 $33,000.00
• Lanier 6483 $ 319.64 $14,372.50
• Pitney Bowes $1477.00* $14,763.00
*includes maintenance and supplies
A 48-month, no interest lease is available on the Ricoh at a cost of
$588.60/month.
By leasing a copier, we have the advantage of being able to trade within
the period of the lease should technology change. With changes we
have seen during the past two years, this is a likely prospect --
particularly since color copiers are becoming more and more reliable.
RECOMMENDATION:
It is recommended that the City Council authorize the lease of a Ricoh
FT8880 high-volume copier from Metro Sales per its August 20, 1993,
proposal.
/km
�/ O cC�
DEVELOPER'S AGREEMENT
BACHMAN'S FLORAL AND GARDEN CENTER
THIS AGREEMENT, made and entered into as of September 21, 1993, by BREMCO Eden Prairie
Limited Partnership, a Minnesota Limited Partnership, hereinafter referred to as "Developer," and the CITY
OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:"
WITNFSSETH:
WHEREAS, Developer has applied to City for PUD Concept Review on 23 acres and Preliminary Plat
of 12.57 acres into 2 lots and 1 outlot, situated in Hennepin County, State of Minnesota, more fully described
in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, Developer has applied to City for PUD District Review with waivers on 5.0 acres and
Zoning District Change from Rural to Commercial Regional Service on 5.0 acres for construction of a 32,106
square foot Floral and Garden Center with a 43,500 square foot outdoor sales and display area all on 5.0 acres,
situated in Hennepin County, State of Minnesota, more fully described in Exhibit A-1, attached hereto and
made a part hereof, and all of the 5.0 acres hereinafter referred to as "the Property;"
NOW, THEREFORE, in consideration of the City adopting Ordinance No.37-93-PUD-12-93, PUD
District Review and Rezoning from Rural to Commercial Regional Service and Resolution No. 93-186,
Preliminary Plat and Resolution No. 93-185, PUD Concept, 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 revised plans dated
September 2, 1993, consisting of 8 pages, reviewed and approved by the City Council on
September 7, 1993, 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 public watermain, 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.
2oV
4. LAND ALTERATION PERMIT AND TREE REPLACEMENT: Prior to any construction
or development on the Property, Developer agrees to apply to the City Engineer, and obtain
City Engineer's approval of a land alteration permit for the Property. Developer further agrees
that all grading shall proceed in conformance with the City's Erosion Control Policy.
City and Developer acknowledge that the total number of caliper inches of significant trees on
the property is 275 caliper inches. Total tree loss on the property is 129 caliper inches of trees,
of which 80 caliper inches are required to be replaced during development.
5. IRRIGATION PLAN: Developer shall submit and obtain approval of a plan for irrigation of
the landscaped areas on the Property. Developer agrees that concurrent with construction of the
structure on the Property, Developer will implement, or cause to be implemented, said irrigation
plan, in accordance with the terms and conditions of Exhibit C, attached hereto.
6. RETAINING WALLS: Prior to issuance by City of a building-permit on the Property,
Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's
approval of detailed plans for the Allan Block retaining walls indicated in Exhibit B, attached
hereto. Said plans shall include details with respect to the height, type of materials, and method
of construction to be used for said retaining walls.
Upon approval by the Chief Building Official, Developer agrees to construct, or cause to be
constructed, said Allan Block retaining walls, as approved by the Chief Building Official,
concurrent with the grading, street, and utility construction on the Property, and in accordant
with the terms and conditions of Exhibit C, attached hereto.
7. SIDEWALK EASEMENT: Prior to the release of the Final Plat, the Developer agrees to
convey to the City, a 20 foot easement along the north side of Singletree Lane for construction
and maintenance of a public sidewalk.
8. WATERMAIN OVERSIZING: Developer agrees to construct a 16" watermain through the
property if requested by the City. City acknowledges that an 8" line would be required to serve
the property and agrees to pay Developer the cost of oversizing the water line from 8" to 16".
9. MECHANICAL EQUIPMENT SCREENING: Developer has submitted to City, and obtained
City's approval of a plan for screening of mechanical equipment on the Property in the manner
as depicted in Exhibit B, attached hereto. Said mechanical equipment includes the gas meters,
electrical conduit, and water meters in addition to standard heating, ventilating, and air
conditioning units. Security to guarantee said screening shall be included with that provided for
landscaping on the Property, per City Code requirements.
If, after completion of construction of said mechanical equipment screening, it is determined by
City, in its sole discretion, that the constructed screening does not meet the Code requirements
to screen said equipment from public streets and differing, adjacent land uses, then City shall
notify Developer and Developer shall take corrective action to revise the mechanical equipment
screening in order to meet Code requirements. Developer acknowledges that City will not
release the security provided until all such corrective measures are satisfactorily completed by
Developer.
10. OUTDOOR SALES, AND DISPLAY: Developer acknowledges the following operating
requirements with respect to the Outdoor Sales and Display use on the Property:
A. All bulk storage, including, but not limited to; fertilizer, dirt, sand, rock, mulch, railroad
ties, landscape timbers, bricks, patio blocks, sod, compost, fencing, hay, straw, manure,
unpacked bulk items, and any other such items are designated to be located and stored
in the Outdoor Storage Area, as depicted in Exhibit D, attached hereto, and at no time
shall such bulk storage items be stored in any other location on the Property.
Also, at no time shall such bulk storage be stacked so as to be visible above the screen
wall around the outdoor sales and display area.
B. No sidewalk displays of materials, goods, supplies, equipment, or any other item for sale
shall be allowed.
C. All outdoor sales and display shall remain in the area designated for Outdoor Sales and
Display as depicted in Exhibit B, attached hereto.
D. All shopping carts shall either be stored within the building or in the area designated for
Outdoor Sales and Display as depicted in Exhibit B, attached hereto.
Developer agrees to such operating requirements as part of the overall Planned Unit
Development 37-93-PUD-12-93 approval for the Property.
11. SINGLETREE LANE ACCESS: City acknowledges that the Developer may construct a
single, 15 foot entrance lane and two, 12 foot exit lanes from Singletree Lane which utilizes
pavement striping for channelization with no median. Developer agrees that the cost sharing
with the City in accordance with the Purchase Agreement will be based on actual costs for a one
in, one out access. 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 construction plans
for the access.
12. MEDIAN OPENING: Prior to the release of the Final Plat for the property, Developer agrees
to enter into an assessment agreement with the City for construction of a new opening in the
median of Prairie Center Drive. Developer agrees that the assessment to the property shall be
50% of the total costs to design and construct the median opening. The schedule for: the
construction of, plans for and costs of the median opening shall be determined by the City and
may be dependent on reaching agreements regarding assessments with other benefiting properties.
aCM
13. PUD WAIVERS GRANTED: City hereby grants the following waivers to City Cod
requirements within the Commercial Regional Service Zoning District through the Planned Un_
Development District Review for the Property and incorporates said waivers as part of PUD 12-
93.
A. Waiver from the 10% maximum outdoor sales and display area requirement within the
C-Regional Service Zoning District to allow for no more than 43,500 square foot total
outdoor sales and display area as depicted in Exhibit B, attached hereto.
B. Waiver from the sideyard setback requirement of 10 feet to parking next to the east and
west property line where a shared driveway is proposed to allow a 0 foot setback.
C. Waiver from the minimum lot width requirement adjacent to a public street of 80 feet to
allow for a minimum lot width of 40 feet along Singletree Lane in order to construct the
shared driveway along the east property line.
D. Waiver from the maximum pylon sign size requirement of 80 square feet to allow for a
single pylon with two signs measuring 67 square feet and 46 square feet, respectively,
for a total of 113 square feet in lieu of the second freestanding sign.
E. Waiver from the requirement that all loading docks be located within the perimeter of
the structure housing the principal use and be completely enclosed to allow for an
outdoor loading dock along the north end of the building that provides access to th
outdoor storage and display area. 6
F. Waiver from the maximum height requirement for a fence of 6 feet to allow for an 8 foot
decorative and screening fence along the east property line.
G. Waiver from the maximum driveway width requirement of 30 feet to allow for a 39 foot
driveway which will have a single, 15 foot entrance lane and two, 12 foot exit lanes.
BACHMAN'S FLORAL AND GARDEN CENTER
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 37-93-PUD-12-93
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND
FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally
described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the Rural District
and be placed in the Planned Unit Development Commercial Regional Service District 37-93-PUD-12-93
(hereinafter "PUD-12-93-Commercial Regional Service").
Section 3. The land shall be subject to the terms and conditions of that certain Developer's
Agreement dated as of September 21, 1993, entered into between Bachman's Floral and Garden Center, and
the City of Eden Prairie(hereinafter"Developer's Agreement"). The Developer's Agreement contains the terms
and conditions of PUD-12-93-Commercial Regional Service, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-12-93-Commercial Regional Service is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-12-93-Commercial Regional 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-12-93-Commercial Regional Service are justified by the design of the
development described therein.
D. PUD-12-93-Commercial Regional 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.
r
Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from t
Rural District and shall be included hereafter in the Planned Unit Development 12-93-Commercial Regi
Service District, and the legal descriptions of land in each district referred to in City Code Section 11. ,
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 7th day of
September, 1993, 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 21 st day of September, 1993.
ATTEST:
John D. Frane, City Clerk Douglas B. Tenpas, Mayor
PUBLISHED in the Eden Prairie News on
Bachman's
Exhibit A
Platting Legal
Lot 1, Block 1, Eden Prairie Marketcenter
Zoning Legal
Proposed Lot 1, Block 1, Eden Prairie Marketcenter, 2nd Addition, except:
That part of Lot 1 , Block f, EDEN PRAIRIE MARKETCENTER 2ND ADDITION
lying north of the following line:
Commencing at the northeast corner of said Lot 1 ; thence South 2
degrees 00 minutes 40 seconds West along the east line of said Lot
1 a distance of 73.39 feet to the beginning of the line to be
described; thence North 84 degrees 31 minutes 25 seconds West a
distance of 259.77 feet; thence South 87 degrees 59 seconds 21
minutes West a distance of 96.91 feet; thence South 42 degrees 59
minutes 21 seconds West a distance of 4.24 feet; thence South 87
degrees 59 minutes 21 seconds West a distance of 81.67 feet;
thence northwesterly a distance of 60.95 feet along a non—
tangential curve concave to the southwest having a radius of 89.33
feet, a central angle of 39 degrees 05 minutes 37 seconds and a
chord bearing of North 72 degrees 27 minutes 52 seconds West and a
chord length of 59.78 feet; thence South 87 degrees 59 minutes 20
seconds West a distance of 53.82 feet; thence southwesterly a
distance of 138.22 .feet along a tangential curve concave to the
southeast having a radius of 134.33 feet and a central angle of 58
degrees 57 minutes 10 seconds to the southwesterly line of said
Lot 1 and there said line terminates.
of
BACHMAN'S FLORAL AND GARDEN CEN`*
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 37-93-PUD-12-93
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 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 rezoning of land located at Northwest corner of Prairie
Center Drive and Singletree Lane, from Rural to Commercial Regional Service, 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: This Ordinance shall take effect upon publication.
ATTEST:
/s/ John D. Frane /s/Douglas B. Tenpas
City Clerk Mayor
PUBLISHED in the Ellen Prairie News on the
(A full copy of the text of this Ordinance is available from City Clerk.)
DEVELOPER'S AGREEMENT
BOULDER POINTE 5TH ADDITION
THIS AGREEMENT, made and entered into as of September 21, 1993, by Robert H. Mason, 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 Planned Unit Development Concept Review on 150
acres, Planned Unit Development District Review on 31.21 acres, Rezoning from Rural to R1-13.5 on 31.21
acres, and Preliminary Plat of 31.21 acres into 30 single family lots, 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. 38-93-PUD-13-93, and
*Preliminary Plat Resolution No. 93-188, 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 7, 1993, 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.
4. SIDEWALKS: The City has approved a plan for a five-foot wide concrete sidewalk to
located on the North and West sides of Boulder Pointe Road, as depicted in Exhibit B, attacho
hereto. Developer agrees to implement, or cause to be implemented said sidewalk, concurrent
with street construction on the property, and in accordance with the terms and conditions of
Exhibit C, attached hereto.
BOULDER POINTE 5TH ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 38-93-PUD-13-93
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND
FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally
described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the Rural District
and beplaced in the Planned Unit Development R1-13.5-38-93-PUD-13-93(hereinafter"PUD-13-93-R1-13.5").
Section 3. The land shall be subject to the terms and conditions of that certain Developer's
Agreement dated as of September 21, 1993, entered into between Boulder Pointe 5th Addition, and the City
of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and
conditions of PUD-13-93-R1-13.5, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-13-93-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the
City.
B. PUD-13-93-R1-13.5 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 11 and 12 of the City Code that are
contained in PUD-13-93-R1-13.5 are justified by the design of the development described
therein.
D. PUD-13-93-R1-13.5 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.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from th
Rural District and shall be included hereafter in the Planned Unit Development 13-93-R1-13.5 District, and
legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagra
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 7th day of
September, 1993, 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 21 st day of September, 1993.
ATTEST:
John D. Frane, City Clerk Douglas B. Tenpas, Mayor
PUBLISHED in the Eden Prairie News on
Exhibit "A"
Outlot B, Boulder Pointe 2nd Addition
BOULDER POINTE 5TH ADDIT10
6
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 38-93-PUD-13-93
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 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 rezoning of land located at Boulder Pointe Road and
Mitchell Road, from Rural to R1-13.5, 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: This Ordinance shall take effect upon publication.
ATTEST:
/s/ John D. Frane /s/Douglas B. TeWas
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the
(A full copy of the text of this Ordinance is available from City Clerk.)
- MEMORANDUM -
TO: Mayor and City Council
THROUGH: Eugene A. Dietz, Director of Public Works
FROM: Alan D. Gray, City Engineer
DATE: September 16, 1993
SUBJECT: C.O.E. Permit for Dell Road/Scenic Heights Road
Eden Prairie needs a COE permit for wetland impacts from the planned construction of
Dell Road and Scenic Heights Road in the Southwest Area.
A minor wetland encroachment in the segment of Dell Road, constructed between TH5
and West 82nd Street, was authorized by the C.O.E. under a nationwide permit.
Wetland encroachments in the segment of Dell Road adjacent to Bearpath will be
mitigated within Bearpath. The attached permit application covers mitigation of wetland
impacts from the planned construction of Scenic Heights Road west of CSAH 4 and Dell
Road between West 82nd Street and the north boundary of Bearpath.
The mitigation site is on City-owned property north of TH5 in the Westgate area. It
consists of Lot 30 through 36, Block 4 and Lots 15 through 23, Block 7, Westgate
Addition.
This 15 acre parcel consists of both upland and wetland environments. The existing
wetland system has been partially drained by the construction of a drainage ditch during
the early 1970's. Upland areas have also been impacted through past soil excavations.
Historically, natural wetlands once extended through this area from the large wetland
complex (State Protected Wetland 984W) located west of the parcel, to Purgatory Creek
located along Valley View Road. However, the excavation of the drainage ditch located
on site had a negative effect on the original wetlands.
This drainage ditch outlets across an old abandoned railroad line located along the north
side of Bittersweet Drive at its western cul-de-sac. This area has posed persistent
flooding problems due to the location of the culvert crossing this old railroad grade.
The City's original land-use plan for this 15 acre parcel called for the extension of
Ontario Boulevard to State Highway 5 and the development of 21 residential lots.
However, the City is currently proposing to expand and restore the original wetlands
while preserving the remaining upland as a natural area.
C.O.E. Permit for Dell Road/Scenic Heights Road
September 16, 1993
Page 2 of 2
Design of the proposed wetland mitigation would involve two separate construction
techniques. First, a new wetland of approximately 1.5 acres would be created by
excavating the previously disturbed upland areas down to adjacent wetland elevations.
Secondly, the functional value of the existing wetland would be improved through the
construction of a small control structure which would be located approximately 200 feet
south of Ontario Boulevard. Figure 11 shows the existing and proposed contours for this
wetland mitigation plan.
The proposed control structure will be constructed to impound water to a.maximum depth
of 3.5 feet with the majority of the newly created wetlands having less than two feet of
surface water. The existing wetlands will not be entirely flooded but are expected to
regain their original soil saturation levels.
Existing drainage concerns located along Bittersweet Drive will be improved by
abandoning the use of the outlet through the old railroad grade. An emergency spillway
will also be incorporated into the design of this water control structure.
The goal of this mitigation plan is to create and restore a naturally functioning wetland
system with the Purgatory Creek watershed. Benefits to the watershed will be realized
by improving its flood storage capacity, improving the quality of downstream waters
through sediment and nutrient removal and by creating a more diverse habitat for the
encouragement of plant and animal species.
In addition to the wetland environment which will be created and restored on this parcel,
a substantial amount of upland area will be set aside to buffer the wetland. This will
help increase habitat diversity, reduce erosion and filter runoff from adjacent lands. A
deed restriction is proposed to be placed on this 15 acre parcel to guarantee its continued
preservation.
A explanation of the proposed wetland restoration plan was forwarded to all Westgate
Area property owners abutting the mitigation site. One owner called to confirm ponding
levels as they would relate to their property. All ponding will be contained within the
site owned by the City.
Staff recommends approval of the C.O.E. permit application and mitigation plan.
ADG:ssa
E-APPLICATION FOR OEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0702-0036 I
(33 CPR 323) Expires 30 June 1989
Tae Department of the Army permit program is authorized by Section 10 of the River and'Harbor Act of 1899,Section 404 of:he
Clean Water Act and Section 103 of the Marine,?:otecion,Research and Sanctuaries Act. These laws require permits authorizing
activities in or affecting navigable waters of the United States,the discharge of dredged or fill material into waters of the United States,
and the transportation of dredged material for the purpose of dumping it into ocean waters Information provided on this form will be
used in evaluating the application for a permit, lnformation in this application is made a matter of public record through issuance of a
public notice. Disclosure of the information requested is voluntary-however,the data requested are necessary in order to Communicate
with the applicant and to evaluate the permit application. If necessary information is not provided,the permit appficatfou cannot be
processed nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be
attached to this application(see sample drawings and instructions) and be submitted to the District Sagineer having jurisdicioa over
the location of the proposed activity. An application that is not completed is full will be returned, j
APPLICATION NUMBER(To be assigned b7 Corps/ 3.NAME.ADDRESS.AND TITLE OF AUTHORIZED AGENT
Strgar-Roscoe-Fausch, Inc.
One Carlson Parkway No. , Suite 150
Plymouth, MN 55447
Brian L. Watson
Z.NAME AND AOORESS OF APPLICANT Taieonono no.during business hours i li
City of Eden Prairie
7600 Executive Drive A/C 1 I rResis )
Eden Prairie, MN 55344 A/c(612) 475-0010 (ornmi
Al Gray, P.E., City Engineer Staternont of Authorization: I heroov designets and suthor/Zs
to act in my bohelf as my
Teioohone no.during ousinsas hours egent In the procomoing of this parrrllt a0o0cation and to furnion.upon request.
i
aioolernental Informstion in w000rt of trio socikytion.
A/C( ) (Residence) SIGNATURE OF APPLICANT CAT_
A/c(612) 937-2262 (orrsoe)
i.OETAlLEO OESCRIPTION OF PROPOSED ACTIVITY
ACTIVITY
SEE ATTACHED NARRATIVE
Sb.PURPOSE
SEE ATTACHED NARRATIVE
ic.DISCHARGE OF DREDGED OR FILL MATERIAL
SEE ATTACHED NARRATIVE
_NG FORM 4345, Apr 86 EDITION OF APR a3 IS OSSOL°TE (Proconant: OAEN-G%v(:•-
S. vAm ES AND ADDRESSES OF ADJOINING PROPERTY OWNERS.LESSEES. ETC.,WHOSE PROPERTY ALSO AO-GINS THE'NA:ERwAY
SEE ATTACHED NARRATIVE 0
I
I
-3.'NA7cR800Y ANO LOCATION ON WATESSOOY WHERE ACTIVITY EXISTS OR IS PROPOSED i
Several wetlands located in Sec. 17 & 18; Township 116N. , Range 22W.-,
Hennepin County, MN
7. LOCATION ON LAND WHERE ACTIVITY EXISTS OR IS PROPOSED
ADDRESS: Sections 17 & 18, T116N. , Tange 22W. .
STREET,ROAD,ROUTE OR OTHER DESCRIPTIVE LOCATION
Hennepin MN 55344
COUNTY STATE ZIP CODE
Citv of Eden Prairie
LOCAL GOVERNING 300Y WITH JURISDICTION OVER SITE
S. Is any martian of the activity for wnicn authorization is sought now corhoiate7 ['YES NO
It enswe,r is"Yea"give,reasons,morn snd year the,sittivtry was ccimoiatad. Indicate the existing work an se,orowhngs.
3.List oil aoorovals or certifications and danssis received from other hicwsl,interstate,state or Iooi agencme for any structures,construct:on.
0iscnwgea or other activities deewtbed in this aoollcatlon.
ISSUING AGENCY TYPE APPROVAL IOENTIFICATICN NO. DATE OF APPLICATION DATE OF APPROVAL OAT: OF OENIAL
Riley-Purgatory-Bluff
Creek Watershed Dist. (LGU) - MWCA Pending
Ia. A001 icavion it nersov maps for a owmit or menhirs to authorize the activities osscribed ne►oin. 1 Certify,that I am familiar with the,intormstlan contained in
this socilcation,and:not t0 tho most of my I[nowiooge ona bNlot sucti information Is true,,complete,and accursts. I further cartltY;net I mossoss the,
authority t0 unaertaea the ora Dosed acivnies or 1 am acting as the,duly authorized pent at the soosiorR.
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT OATS
The application must be signed by the person who desires to undertake the proposed acnuity(applicant) or it may be signed by a duly
authorized agent if the statement in Block 3 has been filled out and signed.
I
IS U.S.C.Section 1001 provides that: Whoever,in any manner within the jurr�iction of any department or agency of :he United S
knowingly and willfully falsifies,conceals,or covers up by any trick,sehertle,or device a material fact or makes any false. fictitious o*
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious or
fraudulent statement or entry,shall be filed not more than S10,000 or imprisoned not more than five years,or both.
I
Do not send a permit processing fee with this application. The appropriate fee will be assessed when a permit is issued.
/(�� 1
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
SECTION 404 PERMIT APPLICATION
PROJECT NARRATIVE
CITY OF EDEN PRAIRIE (PROJECT NO. 52-160)
CONSTRUCTION OF DELL ROAD (PHASE I $ 11) AND SCENIC HEIGHTS ROAD
4a. ACTIVITY
Project Background
This permit application is for the construction of two roadways. The roadways, Dell
Road and Scenic Heights Road, are part of an overall development plan for Southwest
Eden Prairie. Figure 1 shows the general location of this project.
Project completion involves three separate construction phases. Phase I consists of
constructing Dell Road north of the proposed T.H. 212 alignment. Phase II consists of
constructing Scenic Heights Road, and Phase III consists of constructing Dell Road
south of the proposed T.H. 212 alignment. Construction is scheduled to commence in
1993 with a completion date of 1995.
This permit application includes all wetland impacts and mitigation activities associated
with Phase I and II. Wetland impacts under Phase III have been submitted under a
separate permit application. That application, Corps reference 91-30137-IP-JJY,
included mitigation measures for Phase III impacts.
The following lists previous studies related to the proposed roadways:
August 1991 - EAW Record of Decision
May 1991 - EAW Completed
February 1991 Rev. Feasibility Study Completed
November 1990 - Feasibility and Corridor Study Completed
1
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SRFSTRGAR-ROSCOE-FAUSCK INC CITY OF EDEN PRAIRIE FIGURE 1
CONSULMG LNGLNURS j,Ptx,-q,-jM
M=Twudn I Cra I 9ramni a LetwT.aam v pmtq
Suite 150,One Carlson Parkway North DELL ROAD/SCENIC PROJECT LOCATION
Minneapolis,WN 55447 HEIGHTS ROAD AREA
(612)475a10 SU NO.0901336
Description of Proposed Activity
Dell Road would be constructed generally on a north-south alignment extending from
the T.H. 5 South Frontage Road to Hennepin County Highway 1 (Pioneer Trail). It
should be noted that Department of the Army permit 92-1558-12 was issued on
December 2, 1991, for the construction of Dell Road from the T.H. 5 South Frontage
Road to 150 feet south of West 82nd Street.
Scenic Heights Road would be constructed on an east-west alignment extending from
Hennepin County Road 4, west to its connection with Dell Road. Scenic Heights Road
would be located just south of the proposed T.H. 212 alignment.
Both Dell Road and Scenic Heights Road are proposed as nine-ton bituminous
roadways with urban street designs. Dell Road is classified as an minor arterial and
would be constructed as a 74-foot wide, four-lane divided roadway with an 18-foot wide
median. Scenic Heights Road is classified as a collector facility and would be
constructed as a 40-foot wide, two-lane roadway. Figure 2 shows typical sections of
both Dell Road and Scenic Heights Road.
4b. PROJECT PURPOSE
The City of Eden Prairie is an established community which is experiencing accelerated
growth as the metropolitan area continues to grow. New residential developments
within Eden Prairie such as Jamestown, the Shores of Mitchell Lake and Fairfield
Additions will require safe and serviceable roadways for the projected traffic demand.
The construction of these proposed roadways, the programmed construction of
T.H. 212 and the recent upgrading of State Highway 5 will provide for a safe and
effective public transportation system within Southwestern Eden Prairie.
4c. DISCHARGE OF DREDGE OR FILL MATERIAL
Wetland Delineation
Wetlands within the project vicinity were identified according to the Federal Manual for
Identifying and Delineating Jurisdictional Wetlands (Interagency Task Force, 1989)
and the Corps of Engineers Wetlands Delineation Manual (Technical Report Y-87-1,
1987). Other sources of information used to determine wetland boundaries included
the USGS topographic mapping, the National Wetland Inventory (NWI) mapping from
the U.S. Fish and Wildlife Service (USFWS), the Minnesota Department of Natural
Resources (DNR) Protected Waters mapping, the Hennepin County Soil Survey, aerial
photographs and field reconnaissance.
3
80' R/W
BLVD. 5' SIDEWALK
8' 20' 20'
81KE , BLVD
PATH
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037. _ --Of/ .02'/. _ .03'/. 7 M
qk
6618 C&-G B618 C&G
SCENIC HEIGHTS ROAD
100' R/W
46' 5' BLVD.
6' SIDEWALK
7' 14' 14' 18, 14' 14' 8'
1, BLVD THRU THRU MEDIAN THRU THRU I BATH 12' I
TURNLANE ' 1
q�- .03'A ` 02_/, I 02'/, 02/ .02'/. I I .03'/.
02'/. 02'/. 3•
E3624 C&G TB624 C&G 6624 CO
DELL ROAD
Sj��* STRCAR ROSCO&FAUSC-L INC CITY OF EDEN PRAIRIE FIGURE. 2
l�I' M "0CaaUNNUS
MUT- C 9, ■*"d PROPOSED
Suite 150,One Carlson Parkway North DELL ROAD/SCENIC TYPICAL SECTIONS
Minna Us,MN 55447
� HEIGHTS ROAD AREA
(612)475-MO SRF NO.0901336
Wetlands were classified according to Wetlands and Deepwater Habitats of the
United States (FWS/OBS Publication 79/31; Cowardin et. al., 1979) and Wetlands of
the United States (USFWS Circular 39; Shaw and Fredine, 1971). Twelve wetland
areas within Phase I & II of the project corridor were identified. The general locations of
these basins are shown in Figure 3.
Avoidance of Wetland Impacts
This project is not considered "water dependent" as defined in 40 CFR Part 230.
Therefore, as required under the 404(b)(1) Guidelines, this section provides a rebuttal
to the presumption that practicable alternatives are available which would avoid wetland
impacts. Due to the traffic demands the project area is experiencing, a "No Build"
alternative is not considered viable.
The Feasibility and Corridor Study completed in November of 1990 evaluated four
alignment alternatives. Based on maintaining flexibility in land use, avoiding impacts to
wetland resources, and minimizing construction costs, the preferred alignment was
selected. Subsequent to that study, more detailed land use and transportation planning
in Eden Prairie led to slight modifications of the preferred alternative to avoid sensitive
environmental features and to better serve the areas transportation needs.
The project area has numerous wetlands including several which are listed on the
Minnesota Department of Natural Resource Protected Waters Inventory. Additionally,
the Minnesota Natural Heritage Program has identified a maple-basswood forest
community (Big Woods) near the project area. The program has defined this upland
environment as endangered in Minnesota. Impacts to these high value resources have
been considered in the alignment of both Dell Road and Scenic Heights Road.
The proposed alignment of T.H. 212, and its associated interchange with Dell Road,
has also dictated the location of these roadways. As mentioned, Scenic Heights Road
is located just south of the proposed T.H. 212 alignment. In some areas, Scenic
Heights Road and the proposed T.H. 212 alignment have overlapping construction
limits and wetland impacts.
A roadway design which would completely avoid wetland resources cannot be
constructed on a safe alignment while meeting the project objectives, and therefore is
not considered feasible or prudent. Alignment shifts to avoid individual wetland basins
have been weighed against other factors such as public safety, property acquisitions
and consequences to other environmentally sensitive resources.
Under this proposal (Phase I & II), 6 wetland basins would be impacted with a total
encroachment of 2.79 acres. All identified wetland areas and their associated impacts
are shown in Table 1. Figures 4 through 9 show the proposed construction limits on
the 6 impacted basins.
5
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30
l✓ ` p/ , ��� �\ ___=9,5 ° LEGEND
♦ WETLANDS
�,� _ !''�• ' � \
BASIN NUMBER
SRFSTRGAR•ROSCOE-FAUSC-L INC. CM OF EDEN PRAIRIE FIGURE 3
Cor•SucmGEvcLNjs&PuxxExs
a c""S°ftliei1'�ihOomw■Pk,., WETLAND LOCATIO
Suite 150,One Carlson Parkway North DELL ROAD/SCENIC MAP
.Minneapolis,My 55447 HEIGHTS ROAD AREA
(612)4i-.0010 SRF NO.0901336
TABLE 1
WETLAND IMPACTS
DELL ROAD /SCENIC HEIGHTS ROAD
WETLAND WETLAND COWARDIN CIRCULAR 39 ENCROACH. OF BASIN
BASIN SIZE TYPE TYPE ACRES IMPACTED
(ACRES) (ACRES)
1 *� 6.6 PEMC 2/3/4 0.00 00%
PEMF
2 0.2 PSS1 C 2 /6 0.00 00%
3 1 .8 PEMB 2 /3 0.00 00%
4 2.0 PEMC . 2 0.78 39%
5 *2 3.4 PEMF 3 /4 0.00 00%
PUBF
6 *3 7.6 PUBG 4/5 0.00 00%
7 0.8 PEMF 3 0.21 26%
PEMC
8 0.7 Pss1 c 2/3/6 0.29 41
PUBF
9 1 .5 PEMA 2 0.45 30%
10 1 .7 PEMA 2 0.00 00%
11 1 .4 PEMA 2 0.77 55%
12 0.5 PEMA 2 0.29 58%
TOTAL 2.79
*1=STATE PROTECTED WETLAND NO. 973W
*2=STATE PROTECTED WETLAND NO. 974W
*3=STATE PROTECTED WETLAND NO. 975W
a� l �
WETLAND
0.78 ACREIMPACT
-' - .
K.
' LEGEND
100 0 100
scale. feet
AREA OF EAFACT
SRFSTRGAR•ROSCOFrr"AUSCH,INC CITY OF EDEN PRAIRIE FIGURE 4
CONSULMC ENGMEEKS k PLANNERS
Suite 150,One Carlson Parkway North DELL ROAD/SCENIC WETLAND ENCROACHMENT
Minneapolis,.MN55447 HEIGHTS ROAD AREA
(612)47a-0010 SRF NO.0901336
9,1�2
T.N. '.12
CCNSTR. OMITS _
CONSTRUCTION UMI TS�' / '� 1 • ,�
� /SUTURE
g' wux
\ 9 Q q �`Qr SG�N`G
` \
p 9 Y WAUc/ CONSTRUCTION UNITS \+
�c
x x \
\\\ \ \\ :::. : :::;:;::::� WETLAND #7
0.21 ACRE IMPACT!'
x
\ \
LEGEND
100 0 100
scale feet
AREA OF IlMIPACT
SUSTRGAR-ROSCOE-FAtiSC$INC CM OF EDEN PRAIRIE FIGURE 5
CONSucTLNr-ENC01=5&PIANNERS
Suite 150,One Carlson Parkway North DELL ROAD/SCENIC WETI.AIND ENCROACILMENT
Minneapolis,MN 55447 HEIGHTS ROAD AREA
(612)475-0010
SRF N0.0901336
`L1� ,
� x I
:4-=
1
x PROPOSED H 212
x }
1
WETLAND #8
x 0.29 ACRE IMPACT
T.M. 212 `'":::'':•'>'-'>:':'••:•:
CON57R. ULYTS ..:::•:;::'}';.::':::::
x
SCENIC HEIGHTS ROAD
MUCHELL LK WOODS
(-BIG WOODS-)
LEGEND
x 100 0 100
scale feet
x
AREA OF IMPACT
STD STRGAR-ROSCOE-FAUSaL INC- CITY OF EDEN PRAIRIE FIGURE 6��L' coNSUI.T' GLNcjN.WskrlANNM
■a.s■Shvm d R R Paps
Suite 150,One Carlson Parkway North DELL ROAD/SCENIC WETLAND ENCROACHMENT
Minneapolis,MN 55447 HEIGHTS ROAD AREA
(612)475-M0
SRF N0.0901336 �•
Y 6�
- - - - - — — — — — — — — - -_
W.B. T.H. 212
E-1 T.H. 212 t
WETLAND #9
0.45 ACRE IMPACT _
T.N. 212
CONSTR QUITS
- .. : •:::::::::::": -•-::.•:.•.•.:•:..,,,..� SCENIC HEIGHTS ROAD
------ --------- -------------
----------- i
10
CANDLEw000 vuwr.
�FAWfnj. MEST PRELIMINARY
MITCHEt1 LK woops LEGEND
('BIG WOODS-)OWOODS-)
100 0 100
scale feet
AREA OF IMPACT
ST�L' STRGAR-ROSCOE-FAtiSCH,INC CM OF EDEN PRAIRIE FIGURE 7
1RI' CONSULMc ENc;m FRS t pLtNNM
ha+Qoestfoa■C1A■%.D w■FnwamW■rirlft`
Suite 150,One Carlson Parkway North DELL ROAD/SCENIC WETLA.W ENCROACIL MNI T
Minneapolis,.MN 55447 HEIGHTS ROAD AREA
(612)475-0010
SRF NO.0901336
PARK ACCESS CORRIDOR \ \
N
tAJ
U a
U
W J
cc_J
N
NOTE: MILLER PARK ENTRANCE A VVE TLAN D #11
(BY OTHERS) 0.77 ACRE IMPACT
•�• a-e
T.N. 212 A
CONSTR. UMITS 10'BIT. WALK
C�::c:.'•' c:'c c.'•�i c i.'•?i i��'�' � i is i�:
FUTURE J�?iTe�'f.:.?►At. .....:.....::......:::::...:::::::::::::::::i:i:::i \ �-
8 wALx :f::::.
' ♦ f
88Q A
SCENIC HEIGHTS ROAD 5. w -- ---
3 i
6
PJ OPO,
LEGEND
100 0 100
GO� G
scale feet
'Z'`pOP AREA OF IMPACT
SRFSTRGAR-ROSCOE-FAUSCIL INC. CITY OF EDEN PRAIRIE FIGURE S
CONSULMr.LNGCIF ms&FLANNE1ts
T—pvtes■CA■Strvamal■ram...aml■
Suite 150,One Carlson Parkway North DELL ROAD/SCENIC WETLAND ENCROACHMENT
;Minneapolis,` N 55447 HEIGHTS ROAD AREA
(612)475-0010
SRF NO.0901336
i
C,O• C,
\
----- 0
T.M. 212 ------1 \
CONSTR. LIMITS 1KETLAND ' #12
- L _ _ • 0.29 ACRE IMPACT
/ 20• b ; b 20'
_—_—_ _—_— --- k° °� SCENIC HEIGHTS ROAD
3 Z0 '
I I 14
6 � 8 9 X ' I
m
\ & _-_ LEGEND
\ 100 0 100
s T
7 scale feetAREAOF IMPACTI
CD r STRGAR-ROSCOE-FAUSCH,INC CM OF EDEN PRAIRIE FIGURE 9
JINX CONSULMCFNGD0MtFUNNUS
TMT-ft*m■cm■S&.=W■E.�Iai Paidas
Suite 150,One Carlson Parkway North DELL ROAD/SCENIC WETLAND ENCROACHNIENi T
Minneapolis,.MN 55447 HEIGHTS ROAD AREA
(612)475-0010
11 SRF NO.0901336
1 � �� 1
Minimization of Wetland Impacts
Wetland encroachment areas were evaluated to determine if additional measures could
be taken which would reduce the adverse impact to these basins. The following actions
have been considered, where appropriate and practicable, in order to minimize wetland
impacts:
• Roadway profile grades have been kept as low as possible, and embankment side
slopes have been kept as steep as possible, consistent with safe roadway design
standards. This serves to minimize the width of the roadway corridor and therefore
also minimizes wetland encroachment.
• Water drainage patterns through the proposed roadways will be designed to pass
both low and high water flows, accommodate fluctuating water levels, and maintain
circulation patterns.
• Permanent water quality control features such as sedimentation basins and ponding
areas will be installed as early as possible during construction. Temporary basins
and silt traps will be constructed as necessary to remove sediment and runoff in the
construction area. Hay bales and silt fences will be utilized to minimize erosion
within the projects limits.
• Disturbed areas will be seeded or sodded as soon as possible after grading is
complete. Temporary seeding will be used, if necessary, to stabilize sideslopes that
will not be permanently seeded due to construction staging.
• The disposal of excess excavated material or temporary fills will be located outside
of wetlands and in areas that are not considered environmentally sensitive.
Compensation of Wetland Impacts
Wetland Compensation to offset the unavoidable impacts associated with this project is
proposed within a 15.2 acre parcel located in the SW 1/4 of Section 9, Township 116N.,
Range 22W., City of Eden Prairie, Hennepin County, Minnesota (see Figure 1). This
parcel consists of undeveloped upland and a ditched wetland area. The previous land-
use plan for this site called for the extension of Ontario Boulevard and the development
of 21 residential lots. Figure 10 shows the limits of this proposed wetland
compensation site.
The wetland located within the 15.2 acre parcel has been impacted by the construction
of a drainage ditch which extends approximately 1,200 feet through the site. This ditch
drains in a east/northeast direction and is fed by surface waters from State Protected
Wetland (SPW) 984W. The invert elevation of the outlet from this SPW is 957.23. This
drainage ditch ultimately flows to a wetland system located adjacent SPW 987W and
Purgatory Creek.
14
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.,+. ✓+�"w. fv >r S a I n �f' t:. 'tl'a"�;r� .:.�' �,^4 . � j„>•• -� '�Y�Y,
:� ,.yy �'�,y�,! :.J .
^'"~v ::y, .,,- .�. •` 1` �..�;"'+'.eusr'''si. � �..t -w-.�'� r j200
Z� sad 't .�W,' 3jN'`:: 7+1
ij�j�as. ti..... �,• ,a YI'� f i� <:-c'.aysrR,m-isc �++-tz7�. +�*�'xi F.r �`!�'.- i� ....
A`-�'� +tea.3"'1• ::max�"swl.-�� �` ?�.E�x�7i'�' .c'_la "��' �'i+f'�K✓?" '.L .� +� .. '._ .S
i"_.."_wt�'�.�k �}�� .. �r�y •=e �y�E •..� rW.. .'���':,�Y�j.��c i. ...f. �_ jjlL-q ".1�a.7���pL`�,'�'� R _
• '. ^ST�•—a•Y'.. ^��`u . .rFr� � u'y '� � �'f"i,,. '9� �s4.3^'.tw 'N'�f."' ',��(+�1 e-.f '
•CA
i y r, WETLAND
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SRFSTRGAR-ROSCOE-FALiSC:L INC CTi t Or EDEN PRAIRIE rIGL—AE 10
Co"SULMGEVGLr'WSs?"VNERS
"�°�.• �.�." ,r.,mS DELLRCAD/SCENIC
:uitely7,Cne Carlson?uz;vav`lorth HE?Gt';?'S �3E.� WEiLAIND C0NEP'T SAiiCN
MinneaFoliS,.'V[N.--547
(612)475-WIO
SRF N0.0901336 •�
The ditched wetland located within the proposed compensation site is approximately
5.5 acres in size and consists of wet meadow (Type 2/PEMCd), shrub swamp
(Type 61PSS 1 Cd) and forested (Type 7/PFOl Cd) plant communities. Due to the
drawdown effect that this ditch system has on the ground water table, and its ability to
accelerate high water flows, vegetation typical of disturbed hydrologic conditions
(stinging nettle, reed canary grass and box-elder) are dominant within the majority of
this wetland.
Development of this proposed wetland compensation would involve two separate
construction techniques. First, a new wetland of approximately 1.5 acres would be
created by excavating upland areas down to adjacent wetland elevations which border
the ditch. Secondly, the functional value of the ditched wetland would be restored by
placing a control structure across the drainage ditch.
The proposed control structure will be constructed with a 24 inch outlet pipe designed
to impound water within the existing and newly created wetlands. The impoundment
will be designed with a permanent pool elevation of 857.0. Wetland characteristics
within the newly constructed wetland are anticipated to develop below the 860
elevation.
This proposed wetland compensation would create approximately 1.5 acres of wet
meadow (Type 21PEMC), shallow marsh (Type 3/PEMF) and deep marsh
(Type 4/POWF) plant communities. In addition, the functional value of the 5.5 acre
drained wetland will be improved by neutralizing the drawdown effect of the drainage
ditch and by establishing a more permanent water regime. Desirable wetland plants
typically found in fresh meadow (Type 2/PEMC), shallow marsh (Type 3/PEMF) and
shrub swamp (Type 6/PSS1C) communities are anticipated to re-establish within a
majority of the existing wetland. Figure 11 shows the existing and proposed contours
for this wetland compensation site.
Three limited access roads are proposed to be constructed into a portion of the
compensation site in order to service existing utilities. These access roads will be
constructed to a 15 foot width and will range in length from 50 to 90 feet. The
construction of these roadways will require the filling of approximately 3,500 square feet
(0.08 acre) of existing wetland.
Final design of this proposed wetland compensation will include a 10:1 slope within the
constructed wetland, excavating the newly created wetland one foot below final grade
and top-dressing with suitable soils to support and improve the growing conditions of
wetland vegetation, and executing a deed restriction on the entire 15.2 acre parcel to
ensure the site is used for preservation purposes.
16
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LEGEND
EXISTING CONTOUR
PROPOSED CONTOUR EMERGENCY
SPILLWAY
EXISTING WETLAND
BOUNDARY
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MAINTENANCE ROAD
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IL
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SR�' STRISAR-ROSCOFrFAUSCH,INC ('TIY OF EDEN PRAIRIE FIGURE 11
CONSULTUVCei(;U*Et m&puNNEn
TlmTo "°''°""sw-mw n bi6...w"''ft DELL ROAD/SCENIC
Suite 150,One Carlson Parkway North HEIGHTS AREA WETLAND COWENSATION
Minneapolis,.MN 55447
(612)475.0010 SRF NO.0901336
5. NAMES AND ADDRESSES OF . ADJOINING PROPERTY OWNERS, .
LESSEES, ETC., WHOSE PROPERTY ALSO ADJOINS THE WATERWAY
Mitchell Lake Estates
205 E. 78th Street
Bloomington, Minnesota 55420
William and Dorothy Gilk
8485 Red Rock Drive
Eden Prairie, Minnesota 55344
Tandem Properties, Inc.
c/o Dick Putnam
2675 Casco Point Road
Wayzata, Minnesota 55391
Centex Homes
c/o Tom Boyce
5929 Baker Road
Suite 470
Minnetonka, Minnesota 55345
18
2 �22
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
HAWTHORNE OF EDEN PRAIRIE
WHEREAS, the plat of Hawthorne of Eden Prairie 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 Hawthorne of Eden Prairie is approved upon compliance
with the recommendation of the City Engineer's report on this plat dated
September 16, 1993.
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 September 21, 1993.
Douglas B. Tenpas, Mayor
ATTEST: SEAL
John D. Frane, Clerk
MEMORANDUM
TO: Mayor Tenpas and City Councilmembers
THROUGH: Alan D. Gray, City Engineer
FROM: Jeffrey Johnson, Engineering Technician
DATE: September 16, 1993
SUBJECT: Final Plat Approval of Deerfield (changed to Hawthorne of
Eden Prairie)
PROPOSAL: The Developer, Centex Real Estate Corporation, is requesting
City Council approval of the final plat of Deerfield. Located at the
southeast quadrant of Dell Road and West 82nd Street, the plat contains
94.15 acres to be divided into eight outlots and right-of-way dedication for •
street purposes. This proposal is preliminary to the development of the
Deerfield PUD which will contain single family, multi-family,commercial
and park property. The intent with this proposal is to plat the different
land uses and phasing lines into outlots that will facilitate property
transfers as the PUD begins to develop. The proposed plat is consistent
with the property boundaries as shown on the preliminary plat.
RECOMMENDATION: Recommend approval of the final plat of Deerfield
subject to receipt of engineering fee in the amount of$250.
The Hennepin County Surveyor's Office notified the Developer of a
conflict with the plat name "Deerfield". The Developer notified the City
that the plat name would be changed to "Hawthorne of Eden Prairie".
JJ:ssa
cc: Dan Blake, Centex Real Estate Corp.
Martin Webber, Westwood Professional Services
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
BOULDER POINTE 5TH ADDITION
WHEREAS, the plat of Boulder Pointe 5th 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 Boulder Pointe 5th Addition is approved upon
compliance with the recommendation of the City Engineer's report on this plat
dated September 16, 1993.
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 September 16, 1993.
Douglas B. Tenpas, Mayor
ATTEST: SEAL
John D. Frane, Clerk
MEMORANDUM
TO: Mayor Tenpas and City Councilmembers
THROUGH: Alan D. Gray, City Engineer
FROM: Jeffrey Johnson, Engineering Technici
DATE: September 16, 1993
SUBJECT: Final Plat Approval for Boulder Pointe 5th Addition
PROPOSAL: The Developer, Robert H. Mason, Inc., has requested City Council approval of
the final plat of Boulder Pointe 5th Addition. Located between Red Rock Lake and
Mitchell Road, the plat contains 31.21 acres to be divided into 30 single family lots and
right-of-way dedication for street purposes. This proposal is a subdivision of Outlot B,
Boulder Pointe 2nd Addition and represents the final subdivision in the Boulder Pointe
PUD.
HISTORY: The preliminary plat was approved by the City Council, September 7, 1993.
Second Reading of Ordinance No. 38-93-PUD-13-93 is scheduled for final approval at
the City Council meeting September 21, 1993.
The Developer's Agreement referred to within this report is scheduled for execution
September 21, 1993.
VARIANCES: All variance requests must be processed through the Board of Appeals.
UTILITIES AND STREETS: All municipal streets, utilities and walkways will be installed
throughout this project in conformance with the requirements of City Code and the
Developer's Agreement.
PARK DEDICATION: The requirements for park dedication are covered in the Developer's
Agreement.
BONDING: Bonding for all public streets and utilities will be in conformance with City Code
and must be provided prior to release of the final plat.
RECOMMENDATION: Recommend approval of the final plat of Boulder Pointe 5th Addition
subject to the requirements of this report, the Developer's Agreement and the following:
1. Receipt of street sign fee in the amount of$852.
2. Receipt of street lighting fee in the amount of $9,479.
3. Receipt of engineering fee in the amount of $1,200.
JJ:ssa
cc: Robert H. Mason, Inc.
Schoell & Madson, Inc.
212�
- MEMORANDUM -
TO: Mayor and City Council
THROUGH: Eugene A. Dietz, Director of Public Works
FROM: Alan D. Gray, City Engineer
DATE: September 16, 1993
SUBJECT: Change Order No. 1
I.C. 52-248, Elevated Water Storage Facility
Change Order No. 1 adds 16 inch and 20 inch watermain along the east and south sides
of the Brunswick property. This trunk watermain is part of the system necessary to
connect the new elevated facility with the distribution system.
It is proposed to add this segment of watermain to the storage facility contract by change
order to accelerate the construction schedule to coordinate with the schedule for the
Brunswick site.
ADG:ssa
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
EDEN PRAIRIE MARKETCENTER 2ND ADDITION
WHEREAS, the plat of Eden Prairie Marketcenter 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 Eden Prairie Marketcenter 2nd Addition is approved
upon compliance with the recommendation of the City Engineer's report on this
plat dated September 17, 1993.
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 September 21, 1993.
Douglas B. Tenpas, Mayor
ATTEST: SEAL
John D. Frane, Clerk
MEMORANDUM
TO: Mayor Tenpas and City Councilmembers
THROUGH: Alan D. Gray, City Engineer
FROM: Jeffrey Johnson, Engineering Technici '
DATE: September 17, 1993
SUBJECT: Final Plat Approval of Eden Prairie Marketcenter 2nd Addition
PROPOSAL: The Developer, Bachman's Incorporated, has requested City Council approval of the final plat
of Eden Prairie Marketcenter 2nd Addition. Located at the northeast quadrant of Prairie Center Drive
and Singletree Lane, the plat contains 12.48 acres to be divided into two lots and one outlot. Lots 1 and
2 contain 5.87 acres and 5.59 acres respectively and Outlot A contains 1.02 acres. Lot 1 is the proposed
site for the new Bachman's Floral and Garden Center, and Lot 2 will be developed at a later date.
HISTORY: The preliminary plat was approved by the City Council September 3, 1993 per Resolution No. 93-
186.
The Developer's Agreement referred to within this report is scheduled for execution September 21, 1993.
Final reading of the Zoning District Change from Rural to Commercial/Regional Service is scheduled
for final approval September 21, 1993.
VARIANCES: All variance requests must be processed through the Board of Appeals.
UTILITIES AND STREETS: Sanitary sewer, watermain, and storm sewer necessary to serve this site are
currently in place and available for use. Segments of these utilities will serve other properties as well
and are covered by drainage and utility easements. Those utilities serving adjacent properties will be
publicly owned and maintained; therefore, the Developer should provide the City with detailed plans of
said utilities for review and approval by the City Engineer.
As required by the Developer's Agreement, the Developer and the City shall enter into a special
assessment agreement for the construction of a new median opening on Prairie Center Drive to serve this
site.
BONDING: Bonding for the installation of all public utilities must be provided prior to release of the final plat.
RECOMMENDATION: Recommend approval of the final plat of Eden Prairie Marketcenter 2nd Addition
subject to the requirements of this report, the Developer's Agreement and the following:
1. Receipt of engineering fee in the amount of$500
2. Satisfaction of bonding requirements
3. Execution of special assessment agreement for median opening
JJ:ssa
cc: Bachman's, Inc.
H.T.P.O.
SHADY OAK RIDGE 4TH ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF SHADY OAK RIDGE 4TH ADDITION FOR JOE RUZIC
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Shady Oak Ridge 4th Addition for Joe.Ruzic dated September 2,
1993, consisting of 2.28 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 21 st day of September, 1993.
Douglas B. Tenpas, Mayor
ATTEST:
John D. Frane, City Clerk
2y2�
STAFF REPORT
.f
TO: Planning Commission
FROM: Donald R. Uram, Planner
THROUGH: Chris Enger, Director of Community Development
DATE: August 20, 1993
SUBJECT: Shady Oak Ridge 4th Addition
APPLICANT/
FEE OWNER: Joe Ruzic
LOCATION: Northwest corner of Rowland Road and Old Shady Oak Road
REQUEST: 1. Zoning District Change from Rural to R1-13.5 on 2.28
acres.
2. Preliminary Plat of 2.28 acres into 4 single family lots.
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Staff Report
Shady Oak Ridge 4th Addition
August 20, 1993
BACKGROUND
This site is currently designated as Low Density Residential on the Eden Prairie Comprehensive
Guide Plan and zoned Rural. Adjacent properties are also guided Low Density Residential and
zoned 13.5. The proponent is requesting a preliminary plat of 2.28 acres into four single family
lots and rezoning from Rural to R1-13.5.
PRELIMINARY PLAT/SITE PLAN
The site plan depicts the division of a 2.28 acre parcel into four single family lots. All lots meet
the minimum code requirements of the R1-13.5 Zoning District. Lot sizes within the subdivision
range from a minimum of 20,400 square feet to a maximum of 27,000 square feet. Lot 3 is the
location of the existing single family home. All four lots will have direct access to either
Rowland Road or Old Shady Oak Road.
To install the water line and construct the home on Lot 4, three existing accessory buildings must
be removed. Because the buildings are either located on a lot line or do not meet the required
setbacks in the R1-13.5 Zoning District, Staff recommends that the buildings be removed prior
to release of the final plat by City.
GRADING/UTILITIES
The site is gently sloping in an easterly direction. Minimal grading is required to allow for the
construction of building pads. There are no significant trees that will be lost with this
development.
The street and sanitary sewer service was constructed as part of the Rowland Road improvement
project in 1993. Sanitary sewer service is available through connections made to the existing line
within the street. Water service was constructed with the Shady Oak Ridge project located
directly to the east of this site. A 12" watermain exists between Lots 1 and 2 with a connection
made in Rowland Road. A 6" watermain will be extended across the rear of Lots 2 and 3 to
provide service to the new homes. In order to provide fire protection, the Fire Marshal is
requiring that the fire hydrant and 6" waterline between Lots 3 and 4 be extended out to Rowland
Road (see attached). A 20 foot wide drainage and utility easement is required over all public
utilities.
Storm water runoff is proposed to sheet drain across the proposed lots into the catch basin system
in Rowland Road. Runoff from Rowland Road is treated by NURP ponds located in Bryant
Lake Park.
2
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Staff Report
Shady Oak Ridge 4th Addition
August 20, 1993
STAFF RECOMMENDATIONS
Staff recommends approval of the request for the preliminary plat of 2.28 acres into four single
family lots, based on revised plans dated August 9, 1993, subject to the recommendations of the
Staff Report dated August 20, 1993 and subject to the following conditions:
1. Revise the preliminary plat to reflect the extension of the 6" watermain and fire hydrant
out to Rowland Road as shown on the attached drawing.
2 Revise the preliminary plat to reflect a 20 foot drainage and utility easement over all
public utilities.
3. Prior to building permit issuance, proponent shall pay the appropriate Cash Park Fee.
4. Prior to release of final plat, proponent shall remove the existing accessory buildings on
Lots 3 and 4.
3
EXISTING 12" WATRMAIN
CONNECT. TO' EXIST. 6" WATERS=
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LAW OFFICES
HESSIAN, MCKASY & SODERBERG
FRODESIMNAL ASSOCIATION ..
r
Minneapolis - Saint Paul Washing on,D.C.
4700 IDS Center
T 80 South Eighth Street
Minneapolis,Minnesota 55402-2228
(612)3304600 Facsimile 371-0653
Lee A.Henderson
;330-3014
i f S'Optember 7, 1.993
r I'
By Fax
Community Development Department
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344
i
Re: Development of Shady Oak Ridge 4th Ridge
Dear SirlMadam:
This office represents Interstate-Companies of Minnesota,Inc. which owns the property
between Old Shady Oak:Road and Shady Oak Road just to the east of the proposed development
noted above.
We have seen no. evidence that any study has been done, to 'determine whether the
proposed development has analyzed and.considered the impact on water drainage in the area to
insure that run off from the development is not routed either onto Rowland Road or onto the
Interstate property, We would therefore ask that the City not approve any plans for this
development until such a study has been done and a determination made that there will be no
increase in water drainage runoff onto,--any surrounding property.
j Thank you.
:r
+� Very truly yours,
;. Lee A. Henderson
LAH
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Y-
cc: Gordon D. Galameau, Jr.
' �•
4S064-I
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PETER ANDREA 5TH ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF PETER ANDREA 5TH ADDITION FOR PETER ANDREA
BE IT RESOLVED, by the Eden Prairie City Council as follows: .
That the preliminary plat of Peter Andrea 5th Addition for Peter Andrea dated September 16,
1993, consisting of 14.89 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 21 st day of September, 1993.
Douglas B. Tenpas, Mayor
ATTEST:
John D. Frane, City Clerk
MEMORANDUM
TO: City Council
THROUGH: Carl J. Jullie, City Manager
FROM: Chris Enger, Director of Community Development
Michael D. Franzen, Senior Planner
DATE: September 9, 1993
SUBJECT: Planning Commission Recommendation for Peter Andrea 5th Addition
This project was initially presented to the Planning Commission at the July 26 meeting for a 30
unit twin home project. At that meeting after input from the neighborhood and the developer,
the Planning Commission gave general direction to provide better transition to the larger lot
single family homes to the west, minimize the cutting on the hill, and reduce the 50% tree loss.
The project was continued to the August 9th meeting. At that meeting, the Developer presented
a revised concept plan for 22 units. Six single family lots were proposed along the western
portion of the property to transition to the large lots in the Willow Creek neighborhood. Tree
loss was reduced to 40%. The Planning Commission and the neighborhood were generally in
support of a concept plan changes and the project was continued until the August 23rd meeting
for a detailed Staff Report.
At the August 23rd meeting, the Planning Commission recommended approval of a 22 lot
subdivision. Six single family lots were approved along the western border to be zoned R1-22.
The remaining 16 lots would be twin home units. Tree loss was reduced to 35%.
Since the Planning Commission meeting, the Developer has made an additional modification to
the plan so that the R1-44 District could be used for all of the single family lots on the project.
At the August 23rd Planning Commission Meeting, residents in the Willow Creek neighborhood
identified other concerns that were not related to the Peter Andrea project. These include the
pollution potential of the Countryside Auto on existing wells in the Willow Creek neighborhood,
speed of cars on Bryant Lake Drive and parking problems on Bryant Lake Drive on Sunday at
the Wooddale Church. It was suggested at the Planning Commission meeting that homeowners
could have their wells tested. Al Gray, City Engineer, suggested that a 35 mile an hour for
Bryant Lake Drive might be more appropriate than the current posted speed of 45 miles per hour.
The parking problem at the Wooddale Church is caused by parishioners not using the shared
parking at the Marquette Bank office building on the east side of Bryant Lake Drive.
EDEN PRAIRIE PLANNING COMMISSION
UNAPPROVED MINUTES
MONDAY, JULY 26, 1993 7:30 PM CITY HALL COUNCIL CHAMBERS
7600 Executive Drive
IV. PUBLIC HEARINGS
A. PETER ANDREA TWIN HOMES by Peter Andrea. Request for Zoning District Change from
Rural to RM-6.5 on 14.89 acres and Preliminary Plat of 14.89 acres into 30 twin homes lots.
Location: Willow Creek Road and Bryant Lake Drive.
Franzen reported that Staff had been working with the developer for several months. This
meeting is for informational purposes to allow the developer to present the concept plan, for any
issues from Commissioner's to be identified, and allow residents to voice concerns and
comments.
Gary Harris, representing Jim Deanavic; owner and developer, presented concept plans for 30
twin home lots on approximately 15 acres. The price of the twin homes would be within a range
from $250,000 to $300,000. The density would be approximately 2 units per acre. Harris said
that the developer had spent considerable time with Staff looking at alternatives; this was a
difficult site to develop. Harris believed that the present plan was a good plan. He noted that
drainage and erosion control were the major issues. Harris reported that the developer had meet
with the neighbors several weeks ago and had presented to them the original plan which has
1
H
undergone several changes with the alignment of the road and moving of units. The developer
had listened to the concerns of the neighbors and had intended to meet with the neighbors a
second time prior to tonight's meeting; however, that had not been possible. The twin homes
would have common lot lines. The lot sizes would vary. Harris showed the location of th
existing neighbors whose homes were from 85 feet to 160 feet from the property lines of th
lb
proposed homes. Three wetlands were located on the site. Wetland C Would not be altered.
Wetland B would be filled in and Wetland A would be enlarged to replace the area lost from
Wetland B. A formal report from the biologist had been filed with the appropriate agencies.
Barr Engineering concurred with the location of the wetlands as proposed.
Schlampp asked if the lot sizes included the area of the extended wetland. Harris replied that
drainage and utility easements would be within the expanded wetland area.
Clish asked if the amount of rain which we have had this summer affected the delineation of the
wetland areas. Harris replied that normal plant lines could be determined.
Clinton asked how much closer the expanded wetland area would be to the building pads. Harris
replied approximately 100 feet.
Harris reported approximately 45% of the vegetative area would be disturbed. Harris noted that
the developer had tried to keep the road alignment in open areas to minimize loss of trees and
disturbance to the vegetation. The top of the hill was at an elevation of approximately 934. The
road would be at an 8% grade with a 2% landing area at both the top and bottom of the hill.
Harris noted that the cul-de-sacs were longer than what was recommended by City Code.
Clinton asked why the steep grade with the sharp curve was used. Deanavic replied that a wid
radius had been looked at; however, the present design would disturb the vegetation the leas
Harris noted that the grade could have been steeper, but Staff said the maximum allowed is 8%.
A 150 degree radius would lower the hill by 10 additional feet and there would be no landing
area.
Kardell asked what the projected tree loss was for the project. Harris replied that a tree
inventory had not been completed at this time. Deanavic replied that the developer had looked
at elevation versus vegetation. He added that the neighbors had indicated they wanted the hill
to stay.
Harris reported that the developer was concerned about erosion control and would develop a
construction plan to minimize erosion.
Franzen stated that the proof of the concept plan would be based on the tree inventory and the
building pads.
Schlampp was concerned about the grade. Schlampp questioned if emergency vehicles could
maneuver the curve and make the turn in the cul-de-sac. Johnson replied that they were aware
of the radius. The curve was a 15 MPH design which should allow a moving van to maneuver
the curve and remain in its own lane without any problem. Johnson added that a restriction for
parking along the curve would be recommended. Johnson also noted that with a 28' street it
could be necessary to restrict parking on one side.
2
Clinton asked how the driveway for the lot in the northeast corner would align with the road.
Johnson replied that a joint driveway was proposed.
Clinton asked if water run-off would cause any problems for the existing homes. Johnson replied
there was a wetland area to the north and a swail would be developed to the left. Harris replied
that the drainage flow was not being altered; there was a natural drainage.
Schlampp believed that water run-off would increase because of the amount of land being lost
for driveways and building pads. Schlampp asked if storm drainage could be used along the
back of the lots rather than a swale. Harris replied that storm drainage was set up for the area
at street intersections. Harris added that all of drainage would not go over land. Johnson replied
that drainage would be directed to the wetland in the southwest corner. Johnson added that the
drainage in the backyards would only be from half of the roof.
Wissner asked the grade for Victoria Drive. Franzen replied approximately 6 to 7% from the
top of the hill. Wissner asked if any problems had been reported, especially in the winter
months. Franzen replied that Holly Drive was at an 11% grade and the City sands these areas
heavily.
Clish noted that letters had been received from residents and they would become part of the
public record.
Bauer arrived at 7:40 PM.
Donald Sorensen, 7121 Willow Creek Road, stated that he had written a letter to the City
expressing his concerns. Sorensen noted that some of the comments in the letter would no longer
apply because of the alterations in the plan. Sorensen believed that the property would be
tremendously overloaded if developed as proposed. Sorensen noted that he had lived in his home
for over 20 years. Sorensen stated that the developer had held a meeting with the neighbors.
The main concerns expressed at that meeting were density, topography, tree loss, and animal
habitat. Sorensen did not believe that the developer had addressed these concerns at this time.
The density had actually been increase from 28 units to 30 units. Sorensen did not believe there
was a need for a Guide Plan change. Sorensen asked what had happened to the "0" scale and
the density scale. Sorensen stated that he existing neighborhood averaged .68 units per acre and
noted that even with R1-44 zoning there would be one unit per acre. Sorensen believed that this
project would exceed R1-13.5 densities. Sorensen invited Commissioners to visit the site. He
noted that there were deer corridors which went all the way to the Minnesota River Valley.
Sorensen believed that this development would destroy the deer population in this area. He
added that there were also woodchucks, red fox, and other animals in the area which would be
destroyed. Sorensen noted that the street location and grades were modified from the original
plan see by the neighbors. The revised plan eliminated 3 of 9 objections noted in Sorensen's
letter. Sorensen believed that the change in grade for the road actually would result in more tree
loss. Sorensen stated that none of the neighbors would be opposed to a sensitive development.
He recommended only 14 to 16 units. Sorensen recommended developing around the natural
pond. Sorensen believed that too many units were being proposed for the property. He further
believed that the developer wanted to get as many units as possible on the property. Sorensen
did not believe that 2 weeks was adequate time to perform a tree inventory on the property.
Sorensen noted that the developer had proposed to restrict parking; the street is only 28' wide
is and addition parking would need to be created on the lots themselves. Sorensen did not believe
3
� q'.�
this proposal was compatible with the existing neighborhood. He reconfirmed his position that
only one unit per acre should be allowed.
Dick Wiltz, 7141 Willow Creek Road, stated that he had written one.of the letters submitted
the City and hoped that Commissioners had taken the time to read the letters. Wiltz noted;thO
the developer had said that there was a drainage problem which was a major challenge to#diem
and the environment. Wiltz further noted that the developer had said it was impossible to
develop the property without damage to the property. The size of the pads on the print are
approximately 2500 square feet. Wiltz believed that it would take a much larger pad to build
a $250,000 to $300,000 unit. Wiltz noted that part of the green areas shown by the developer
were pastures and not tree areas. Wiltz stated that from his home he will be able to see the 3
story buildings (he would be looking at the back of the buildings). Wiltz believed that erosion
on the hill would be constant challenge. Wiltz summarized his concerns as; building pad size,
viewing a wall of houses, and run-off. Wiltz stated that the developer started conversations with
neighbors and them quit.
Dan Grote, 7061 Willow Creek Road, stated that there was a substantial pond on the site. Grote
said that he did not use fertilizers on his lawn to preserve the pond for the wildlife. Grote was
concerned about the run-off. Grote noted that all of the homes on.Willow Creek Road were on
wells and did not want the water integrity compromised. Grote wanted to see some of the green
area and trees preserved as a buffer between the two neighbors. Grote believed that this was a
unique piece of property and should be treated as such.
James McNeill, 7257 Willow Creek Road, stated that his lot was lower and he would be looking
up the valley; he would be looking up at rows of houses. McNeill stated that another main
concern was the problems with drainage. McNeill believed that the Commission should takallk
careful look at this proposal. McNeill concurred with previous comments by other neighb
iw
Elaine Sorensen, 7126 Willow Creek Road, stated that they had subdivided their property a few
years ago and could have developed the property with a higher density but, they chose to
preserve the land. Sorensen.said that the neighbors in this area take care of their homes, the
land, and the lake. Sorensen understood that the land would be developed some day. Sorensen
noted that when Super Valu was proposed the neighbors were allowed to make comments to the
developer; she considered Super Valu a good neighbor. Sorensen stated that the hill would be
the only barrier between their homes and the development. Sorensen believed that the City
should protect the existing home owners more than a developer who will come in, make money
on the property, and then leave. Sorensen further believed that the land deserved a sensitive
development and encouraged any of the Commissioners who were interested to visit the
neighborhood.
George Tangen, 7034 Willow Creek Road, stated that he had gone through a subdivision process
in the 1970's and was sensitive to the neighbors. Tangen added that he had worked to create a
development to save the topographical features. Tangen supported the comments by his
neighbors who spoke before him. Tangen believed that it was important for the City to watch
closely the development south of Highway 212; the area is heavily congested because of
development. Tangen further believed that part of Eden Prairie should be preserved and that
Bryant Lake was a major amenity. Tangen believed that at least one part of the northeast
quadrant should be preserved.
4
2 )
Wissner asked Franzen exactly what action was expected of the Commission this evening.
Franzen replied that this was a concept plan only; the Commissioners should state if you feel this
is an appropriate plan or not and outline issues which need to be addressed.
Wissner stated that she was uncomfortable with twin homes. Wissner would like to see a
different form of development. Wissner asked if there would be a homeowner's association.
Harris replied yes.
Franzen noted that from the comments from the neighbors it would be important to be sensitive
to the property.
Wissner stated that she was also concerned with the steep grade.
Kardell stated that she was not concerned with a twin home concept. She was concerned with
tree loss and added that without a tree inventory it was hard to determine exactly what the
percent would be. Kardell believed that the main concentration of trees would be in the building
area. Kardell believed that the density would be acceptable if the homes were placed correctly;
however, without knowing the exact pad size it was also difficult to determine. Kardell believed
that drainage was an issue with infill projects and the existing neighbors needed to be protected.
Kardell was not concerned with the 8% grade.
Schlampp stated that he had spent time at the site today. Schlampp believed that the cul-de-sac
would create problems with an 8% grade; it would be difficult to stop people from parking on
the street. Schlampp also believed that the density was too high. Schlampp believed that single-
family homes could be developed; twin homes were more massive than single-family. Schlampp
was concerned about drainage. Schlampp believed that the project could be developed but the
developer and Staff needed to listen closely to the residents.
Clinton was concerned that cooperation was started and somehow lost along the way between the
developer and the residents. Clinton concurred with the neighbors that the developer needed to
be sensitive to the property. Clinton recommended that the developer meet again with the
neighbors. Clinton was concerned about the grade.
Clish stated that she shared the residents and Commissioners concerns regarding drainage. Clish
added that she was also concerned about the number of units but not the twin home concept.
Kardell asked if a two week continuance would be long enough. Franzen replied that it would
be a lot of work; however, if the plan was not ready it could be allowed another continuance.
Franzen believed that it was imperative that the tree inventory and grading plan be done before
the next review by the Commission.
MOTION 1
Kardell moved, seconded by Schlampp to continue the public hearing to August 9, 1993.
Motion carried 6-0-0.
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UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, AUGUST 9, 1993 7: 00 PM, CITY HALL COUNCIL CHAMBERS
7600 Executive Drive
IV. PUBLIC HEARINGS
Continued from July 26, 1993 meeting:
A. PETER ANDREA TWIN HOMES by Peter Andrea. Request for Zoning
District Change from Rural to RM-6 .5 on 14. 89 acres and
Preliminary Plat of 14. 89 acres into 30 twin home lots.
Location: Willow Creek Road and Bryant Lake Drive.
Franzen reviewed the three primary issues determined by the
Commissioners at the July 26th meeting to have an impact on
what the ultimate plan for the development of the property
could be: transition to the single family homes to the
west; impact of the site features; and the 8% road grade.
Gary Harris, representing Peter Andrea, said they have now
completed a detailed inventory of all trees on the property
that are 12" in diameter or greater. A map of the property
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Planning Commission Meeting 2 August 9, 1993
showing the locations of the trees was distributed in the
packets. Harris stated that, in order to preserve more
trees and to deal with the issue of transition, they have
reduced the density of the project and changed the types of
housing so that the project now includes 6 single-family
houses with 14 twin homes on two cul-de-sacs. Harris stated
that the single family lots have areas that approach the R-
1.44 district to the west. The rearrangement and mix
changes will also allow for moving the entry road a little
to the north, thereby increasing the area for the lots to
the south.
Harris stated that they have identified over 250 trees 12"
or more in diameter on the property and that the revised
project would disturb about 30% of the trees during the
construction phase. A conservancy easement that will be
dedicated as part of the protective covenant was added to
the project in order to prevent mowing and cutting of the
easement area. Harris said that replanting will occur to
the south and west in areas where very few trees exist now.
The road grades are at 8% on the upper cul-de-sac and 3% on
the lower one.
Schlampp asked if the proposed mix was 14 twin homes and
four single family homes. Harris replied that he had
misspoken and that there are 16 twin homes and six single
family homes in the new proposal.
Schlampp asked if they were cutting down the lot sizes for
the twin homes near the wetlands. Harris replied that those
lots will have natural areas as their back yards with 9, 000
square feet of usable area per lot.
Franzen said the project as first proposed had units located
very close to a significant number of trees; however, once
the trees were located as a result of the tree inventory, it
was possible to rearrange the project to reduce the tree
loss
to 300. Franzen stated that the Staff analysis of the
house pad size shows that to be realistic. They were not
able to rearrange the project in order to reduce the 8%
grade on the upper cul-de-sac without adding substantially
to the length and curves in the road.
On the issue of transition, Franzen said they try to match
zoning district and lot size or number of units next to an
established neighborhood and Staff believes this plan
provides better transition than the previous one.
Schlampp said he was concerned about problems emergency
vehicles might have with the 8% grade, the curves and the
width of the road on the upper cul-de-sac. He asked if the
28-foot road width is typical. Franzen replied that such a
width is typical. Schlampp asked if there is anything else
that can be done with the road, such as widening it.
Franzen said it might be possible to position the road to
Planning Commission Meeting 3 August 9, 1993
one side of the right-of-way or the other in order to better
accommodate emergency vehicles.
Sandstad asked why the right-of-way widths are different
between the two cul-de-sacs. Harris replied that the twin
home lots needed 45 feet of street frontage so the right-of-
way is larger.
Carol Wilkes read a letter to the Commission from Brian
Duoos, 7160 Willow Creek Road, expressing concern about
adding additional vehicles from this project to the current
high levels of traffic in the area. In his letter, a copy
of which is attached to these minutes, Duoos proposed that
the speed limit be reduced to 35 MPH, the density be
decreased by 1/3 , the entrance road be moved to the south,
and sidewalks be installed on the west side of the road.
Duoos also expressed concern about the density and
configuration of the project.
Dan Grote, 7061 Willow Creek Road, said- he thought the
changes are good; however, he wanted to know what happens to
drainage and water run-off along the border with the Willow
Creek neighborhood, particularly during the construction
phase of the project. Franzen responded that a grading and
drainage plan will be required at the next meeting that will
provide a drainage area map for the property along with
calculations about the amount of water drainage in each
area. Franzen said some steep-slope projects have required
an actual storm sewer to be put in the rear of the property.
Construction on steep slopes would require a construction
pond that would catch all the dirt flowing towards Bryant
Lake Drive.
Bauer stated they would need a pretty solid construction
plan to protect against erosion and that a detailed plan
would be needed to preserve the wetlands and the neighboring
property.
Kardell asked what the role of the Watershed District will
be in this project. Franzen replied that, after City
Council approval, the Watershed District schedules a review
of the grading project and specifies the type of erosion
control that will be required to prevent sediment from going
onto adjoining properties. The City Engineering Department
will not issue a grading permit until the Watershed District
has signed off on the project.
Elaine Sorensen, 7121 Willow Creek Road, commended the
developer, Staff and Commission members for their efforts on
this project; however, she questioned whether this is the
right project for the very delicate terrain in this area.
Sorenson would like to see a to-scale mock-up before the
Commission or the City Council votes on the project.
Clo May Hayes, 7090 Willow Creek Road, would like to see no
building done on the top of the hill.
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Planning Commission Meeting 4 August 9, 1993
Jim Duncan, 11228 Willowood, asked why there/are twin units
in the project rather than just single family homes like the
adjoining neighborhood. Harris replied that there is a
marketability issue with single family homes next to a
freeway, and the twin-homes provide transition to the single
family lots. Jim Danavic, representing Peter Andrea, stated
that they are developing for the adult retired person, and
they don't see the sites as being big houses with lots of
kids. Duncan was concerned about the impact on property
values in the adjoining neighborhood.
Sorenson asked if there would be covenants and if there
would be other builders involved in the project. Danavic
replied that any development would have an architectural
review board, and they would look at any proposed house
plans to see how they line up with each other.
Jim McNeill, 7251 Willow Creek Road, would like to have the
builder come in with a total plan on everything so that the
neighbors can provide some feedback on the type and
construction of the buildings.
Schlampp agreed that a buffer is needed along the freeway
and that the problems with the drainage and the grading must
be answered.
Wissner stated she was pleased to see transition and land
use revisions; however, she was concerned about the
possibility that the entrance to the project may now be on a
curve in the road.
Bauer stated that we do need to see some final plans.
Sandstad stated this is closer to a workable project and
that transition from single to double is almost necessary
with a highway like 212/169. The road grades and the
erosion potential are a big concern.
Kardell liked the lower level of density but suggested
taking one unit out of the lower twin home units that back
onto the wetlands to make the lots bigger. Kardell was
concerned about the tree loss and would like to see what we
could be done to further decrease the number of trees lost.
She said the drainage from the top units will be a big
problem and we will need a very carefully-done drainage
plan. Kardell stated that the conservancy easements were an
excellent addition.
Clish had concerns about the tree loss issue as it appeared
to her that some of the tree clumps would be lost during
construction.
Franzen stated that we would require a statistical
comparison for trees lost to road, pad and construction
damage by categories.
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Planning Commission Meeting 5 August 9, 1993
Kardell would rather have the top of the hill maintained
than decrease the hill any further in order to reduce the
road grade.
Bauer was in favor of the plan, provided the tree loss is
nailed down and final plans are provided. He stated this is
a delicate area and the residents deserve the Commission's
analysis of the final plans before approval.
Clish would like the traffic engineer to be able to reassure
the neighbors about the traffic issues presented by the
project.
Bauer asked if this project would require the same plan to
minimize tree loss during the construction plan as the
Centex project. Franzen replied that there would be some
applicability in that Centex was building in the "Big Woods"
on small lots. Centex committed to where the dumpsters and
trucks would be located, a restricted grading plan and a
tree loss of 30% or less. Franzen said this project might
not have to go to quite the same lengths, but some of the
practices would make sense.
Bauer wanted some discussion on issue of sidewalks and
sidewalk location at the next meeting.
MOTION•
Kardell moved, seconded by Clish, to continue the public
hearing to the August 23rd meeting. Motion carried 6-0-0.
STAFF REPORT
TO: Planning Commission
THROUGH: Chris Enger, Director of Community Development
FROM: Michael D. Franzen, Senior Planner
DATE: August 20, 1993
SUBJECT: Peter Andrea 5th Addition
APPLICANT/ Peter Andrea Company
FEE OWNER:
LOCATION: Bryant Lake Drive and Willow Creek Road
REQUEST: 1. Zoning District Change from Rural to RM-6.5 on 8.89
acres.
2. Zoning District Change from Rural to R1-22 on 6 acres.
3. Preliminary Plat of 14.89 acres into 16 twinhome lots and
6 single family home lots.
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Staff Report
Peter Andrea 5th Addition
August 20, 1993
BACKGROUND
This is a continued item from the July 26, 1993 and August 9, 1993 Planning Commission
meetings. The previous meetings were to inform the Planning Commission of the issues and
update the neighborhood on the project before proceeding with final plans. The major issues
identified at previous meetings were transition, tree loss, drainage, erosion control, and road
grades.
PRELIMINARY PLAT
The Preliminary Plat is a combination of R1-22 Zoning for Lots 7, 8, 13, 14, 15, and 16. These
lots meet the 22,000 square foot minimum lot size, and 90 feet of street frontage for lots which
are not on a cul-de-sac. For lots that are on a cul-de-sac, the minimum street frontage is 55 feet.
Lots 7, 8, 13, 14, 15, meet the 55 foot minimum dimension on a cul-de-sac. All lots meet or
exceed the required 125 foot minimum lot depth.
Lots 1 - 6, 9, 10, 11, 12, and 17 - 22, are proposed for RM-6.5 Zoning. Each of these lots
exceeds the 45 foot minimum street frontage requirement. Each of the lots meet or exceed the
minimum 6500 square feet of lot size per unit.
TRANSITION
Lots in the Willow Creek neighborhood to the west and south of this project are zoned R1-22.
The single family lots abutting these existing neighborhoods will be zoned R1-22, but have a
minimum lot size which meets the 44,000 square foot requirement for the R1-44 District. These
lots could be zoned R1-44, however, Lot 13 is only 39,250 square feet and if zoned R1-44
would require a variance.
The use of 1 acre lots provides a transition to the larger lots zoned R1-22 to the west. The
larger lots allow more room between the houses and for less area of each lot to be disturbed by
grading.
GRADING AND TREE LOSS
The initial development plan with 30 twinhome projects was estimated to remove 51% of
significant Oak trees on site. The larger lot sizes, reduction in number of units, and careful
location of building pads, has reduced potential tree loss to 35%.
Tree loss is determined by the following method:
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Staff Report :, r
Peter Andrea 5th Addition
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August 20, 1993
1. Count all trees lost within the grading limits. This is equal to 24% or 879 inches.
2. Count all trees lost within the proposed building pads. This represents 7% or 270
inches.
3. Count trees that would be lost due to construction damage where 60% of the root
zone (drip line) is disturbed by house, wall, drainage, foundation, or grading.
This amounts to 4% or 124 inches.
The size of the building pads proposed for this project are approximately 5,000
sq. ft. for the single family homes and 3,000 - 3,500 sq. ft. for each twin home.
These are similar to actual pad sizes. Staff has observed built in the price range
proposed by the developer. The exception to this are Lots 9 and 10 where a
custom design twin home will be necessary. Each unit will be 2,000 sq. ft. The
conservancy line to the rear of the house will prohibit enlargements.
In order to preserve the 65% of the trees remaining on site, the Developer is
proposing a conservancy area which is depicted in a blue color on the plans. The
conservancy easement will be a document filed on each lot in favor of the City
which prohibits no alteration of the topography or vegetation.
Tree replacement for this project is 590 inches. Tree replacement should occur
across the rear of the building pads facing the Willow Creek Neighborhood. The
majority of the trees to be replaced should be Oak with some Basswood and Ash.
Prior to review by the City Council, the proponent shall submit a tree replacement
plan for review and approval by City Staff.
There are two retaining walls proposed on this property. One is to preserve trees on Lot 13, the
other one is to accommodate a proposed twin home building on Lot 19. These retaining walls
vary between 1-20 feet in height and will require a building permit. These walls will be required
to be built out of masonry construction (keystone). The 20 feet high wall on Lot 19 should be
terraced into smaller walls. All buildings proposed on slopes will be required to have the
footings and foundations be certified by a structural engineer.
WETLAND MITIGATION
Wetland B in the south central portion of the property will be filled in order to accommodate a
lower cul-de-sac and building pads. Mitigation is an enlargement of the wetland area. The
wetland will be filled at a 1 to 1 ratio. The Nine Mile Creek Watershed District is the agency
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Staff Report '
Peter Andrea 5th Addition `:
August 20, 1993
responsible for reviewing and approving wetland mitigation. The wetland mitigation will be
reviewed by the Watershed District after the City has granted a first reading of the zoning
change.
STEEP SLOPE REVIEW
The City code requires that on sites where there is a 30 foot vertical drop and a 12% slope or
greater, a slope ground review is required by the City. This site has a 74 foot vertical drop and
slopes which are between 30 to 40%. Slope ground review is a recommendation by both the
Planning Commission and City Council advising on the extent to which the slopes are altered and
the safeguards to which the slopes are protected.
The development plan as proposed minimizes the impact on steep slopes in the following ways:
1. The overall density is 1.48 units per acre.
2. On steeper slopes, the density is 1 unit per acre.
3. A tree savings of 65% protected by conservancy easement. This will help
stabilize the slopes.
4. Use of an 8% road grade which limits cut off the top of the hill to 10 feet.
5. Use of walkout units helps minimize slope alteration.
UTILITIES
There is an existing sanitary sewer manhole located on the southeast corner of the project.
Sewer from this manhole will be extended to the entrance road and then into either cul-de-sac.
There is an existing 16" watermain within the right-of-way of Bryant Lake Drive. A 6"
watermain is proposed to be extended to both cul-de-sacs. The size of the 6" waterline to the
upper cul-de-sac may not have enough pressure due to the height of the cul-de-sac above the 16"
watermain. The Developer must provide pressure information which indicates that the 6" line
would work, if not, the alternative is to extend an 8" waterline all the way to the top cul-de-sac.
STORM SEWER - PRETREATMENT OF STORM WATER
Attachment A contains storm sewer calculations which indicate the amount of storm water runoff
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Staff Report r
Peter Andrea 5th Addition
August 20, 1993
draining towards the pretreatment pond on Lot 21 and 22. The report indicates that .38 acre feet
of storm water is required to be stored within the pond. The pond is sized according to this
requirement. Storm water from this pond will drain into the existing wetland on the south side
of the entrance road.
Attachment B is an enlargement of a USGS map showing topography, wetlands and natural
drainage in the area to the west of this project. Wetland C on the northwest corner of the
project, and a wetland on the Willow Creek neighborhood project to the west are interconnected.
When water reaches a certain level, water will drain from wetland C into the wetland area
immediately west of the site. When water reaches a certain elevation, water will drain across
the southeast portion of this project towards Nine Mile Creek. The size of the drainage area
contributing water into the pond is approximately 10 acres. This project contributes about 3
acres to the drainage area. The increase in hard surface area contributing to this watershed
beyond what normally drains to the west is 10,000 square feet or two building pads. This is
offset by storm water which drained naturally from the top of the hill towards the wetland on the
west, being directed towards the storm sewer system to the east. The amount of increase storm
water runoff should not raise the water level of the wetland area to the west.
Lots 7 and 8 will provide a continuation of the natural overflow from westerly wetland towards
Nine Mile Creek. The water draining towards a natural low area adjacent to Nine Mile Creek
may impact the rear lots on adjoining homes. Although it is not likely that water would be
concentrated in this area, it is recommended that a storm sewer be installed within the drainage
swale which would direct water towards the storm sewer system in the cul-de-sac.
EROSION CONTROL
Attachment C indicates the proposed erosion control plan by the Developer. This has been
reviewed by the City Engineer who has determined that the erosion control methods are
acceptable for this project. It is, however, recommended for the homes on steep slopes at the
top of the cul-de-sac that a roof drain system be installed which will drain runoff towards the
storm sewer system within the cul-de-sac. This will reduce rear yard drainage which should help
minimize potential erosion. This would be on Lots 13, 14, 15, 16, 17 and 18. The Developer
will also be required to adhere to the City's erosion control policy (Attachment D).
ROAD GRADES AND RADIUS
The previous Staff Report indicated that Staff had explored ways to reach the top of the hill at
less than an 8% road grade. It was Staffs conclusion that a 6 1/2% road grade could happen,
but would require a significantly longer road and more tree loss on the property. The road is
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Staff Report
Peter Andrea 5th Addition
August 20, 1993
planned at an 8% road grade which is allowed by the City. The radius on the curve on the
center line has been increased from 80 to 90 feet. This radius can accommodate semi's and fire
trucks (see Attachment E). It will take the full width of the road around the curve to
accommodate these larger vehicles. Since there is only one driveway access from Lot 18 onto
the portion of this curve, we would not expect parking along this area. This should leave enough
room for access for large vehicles.
SITE VISION DISTANCE
Attachment F indicates site vision distance standards for the entrance drive on Bryant Lake
Drive. The site vision distance for the posted 45 mph speed is an interpolation of between 40
to 50 mph on the chart. City standards would require a minimum site vision distance of 635 feet
to the north and a minimum site vision distance of 570 feet to the south. The site vision distance
to the north is 700 feet. The site vision distance to the south is 2,000 feet.
SIDEWALKS AND TRAILS
The Park, Recreation and Natural Resources Department has indicated a need to provide an 8
foot wide bituminous trail along Bryant Lake Drive. This is part of the City's overall trail park
system and would eventually be connected into Bryant Lake Park through Wooddale Church.
This project should grade a level 10-foot wide area along the length of Bryant Lake Drive. The
City at a future date would install the bituminous trail.
CONCLUSION
The City has a responsibility to review development in an area with significant site features such
as this property in a way which protects it to the greatest extent possible as a natural resource,
while allowing private development. Eden Prairie has always been concerned about the impact
of development on the natural environment and has encouraged the careful and knowledgeable
development in sensitive areas by encouraging site planning which preserves the majority of the
site features.
The project preserves site features by:
1. Use of one acre lot sizes on steep slopes.
2. Higher density is concentrated on lesser slopes next to Bryant Lake Drive.
3. Use of a conservancy easement which protects grading, tree cutting or building
on steep slopes.
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Staff Report
Peter Andrea 5th Addition
August 20, 1993
4. Tree loss is 35%. The conservancy easement will protect the remaining 65%.
5. Two wetlands will not be altered. One wetland (B) will be filled, however, the
plan provides the required mitigation.
6. Storm water will be treated by NURP pond before discharge into wetland A.
Essential to the protection of the slopes is to minimize the destruction of the natural tree cover
which provides slope stabilization. To protect the slopes and the 65% of the significant trees
proposed to be retained, a conservancy easement is proposed. This easement will be in favor
of the City for an indefinite time and would not allow structures, grading, or removal of natural
vegetation.
STAFF RECOMMENDATION
The Planning Staff would recommend approval of a rezoning from Rural to R1-22, rezoning
from Rural to RM-6.5, and a Preliminary Plat of 14.89 acres into 22 lots based on plans dated
August 20, 1993 subject to the recommendations contained within the Staff Report dated August
20, 1993 and subject to the following conditions:
1. Prior to review by the City Council, the proponent shall:
A. Provide a tree replacement plan for 590 inches.
B. Provide information to the Engineering Department on water pressure to
determine if a 6" water line is adequate. If not, an 8" water line will be
required to the top of the hill on the northerly cul-de-sac.
C. Modify the preliminary plat to depict a storm sewer on Lots 6. On Lots
7 and 8 pick up rear-yard storm drainage.
D. Revise the retaining wall on Lot 19 to a terraced wall.
2. Prior to final plat approval, the proponent shall:
A. Submit detailed storm water runoff, utility and erosion control plans for
review by the City Engineer.
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Peter Andrea 5th Addition 'f
August 20, 1993
B. Submit detailed storm water runoff, utility and erosion control plans for
review by the Watershed District.
3. Prior to building permit issuance, the proponent shall provide plans with the
following information.
A. A site plan with a house located within the proposed pad area.
B. A grading plan based on field verified topography.
C. No steepening of the natural slopes.
D. Walkout levels must meet natural grade.
E. No more than a 20 foot wide construction area on the downside of the
house.
F. Restoration and Erosion Control Plans
G. No construction or grading in back yard conservancy easement on the
steep slopes.
H. Soil test
I. Engineer design for footing, foundation, and retaining walls.
4. Pay the appropriate cash park fee.
5. Prior to grading permit issuance, the proponent shall field stake the construction
limits with the snow fence. The City and Watershed District must be notified 48
hours in advance of grading so that the snow fencing construction limit and
erosion construction limit can be inspected.
6. The final grading plan to be reviewed as part of the grading permit issued by the
City must indicate grading for a 10 foot wide bituminous trail along Bryant Lake
Drive.
7. For Lots 11 - 19, houses must be designed with a roof drain system designed to
take storm water runoff towards the storm sewer system within the proposed road.
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REQUIRED BASIN STORAGE BASED ON RATIONAL FORMULA \P .
100 YEAR DESIGN
17-Aug-93
PROJECT NAME: ANDREA DEVELOPMENT y .
MAX.
C= 0.6 AREA(ac.)= 7.4 OUTFLOW= 13.3 (cfs)
RUNOFF VOLUME OUTFLOW VOLUME STORAGE
TIME INTENSITY C•A Q IN Q OUT REQ'D
(MIN) (INIHR) (CFS) (CU FT) (CFS) (CU FT) (CUM
5 10.00 4.44 44.40 13320.00 0 0 13320
10 8.20 4.44 36.41 21844.80 13.3 7980 13865
15 7.00 4.44 31.08 27972.00 13.3 11970 16002
20 6.10 4.44 27.08 32500.80 13.3 15960 16541
25 5.40 14.44 23.98 35964.00 13.3 19950 16014
30 4.80 4.44 21.31 38361.60 13.3 23940 14422
35 4.30 4.44 19.09 40093.20 13.3 27930 12163
40 3.90 4.44 17.32 41558.40 13.3 31920 9638
45 3.70 4.44 16.43 44355.60 13.3 35910 8446
50 3.45 4.44 15.32 45954.00 13.3 39900 6054
55 3.25 4.44 14.43 47619.00 13.3 43890 3729
60 3.05 4.44 13.54 48751.20 13.3 47880 871
65 2.90 4.44 12.88 50216.40 13.3 51870 -1654
70 2.75 4.44 12.21 51282.00 13.3 5.5860 4578
75 2.55 4.44 11.32 50949.00 13.3 59850 -8901
80 2.45 4.44 10.88 52214.40 13.3 63840 -11626
85 2.35 4.44 10.43 53213.40 13.3 67830 -14617
90 2.25 4.44 9.99 53946.00 13.3 71820 -17874
95 2.15 4.44 9.55 54412.20 13.3 75810 -21398
100 2.05 4.44 9.10 54612.00 13.3 79800 -25188
4.44 0.00 0.00 13.3 0 0
4.44 0.00 0.00 13.3 0 0
BASED ON A 100-YEAR STORM MAX STORAGE REQD(CF) = 16541
MAX STORAGE REQD(AC-FT) = 0.38
POND CRITERIA:
1.100 YEAR STORM EVENT.OUTFLOW LIIv1II'ED TO UNDEVELOPED CONDITION.
2.INLET CONTROL.
3.RUNOFF FACTOR,C=0.3(UNDEVELOPED); =0.6(DEVELOPED).
4.TIME OF CONCENTRATION,Tc=20 MIN(UNDEVELOPED); = 10 MIN(DEVELOPED).
5.DRAINAGE AREA=7.4 Ac.
6.FLOW,Q =0.3 x 6.0 x 7.4= 13.3 cfs(UNDEVELOPED)
0
1 ,� Attachment A
13 /
i
STORM SEV* DESIGN
1
PROJECT NAME: DESIGN STORM FREQUENCY: NAME: ANDREA DEVELOPMENT
ANDREA DEV. 10 YR. 10 MIN. 1= 5.6 DATE: 08/17/93
andrea.wql n= 0.012 SHEET: 1 OF 1
SEWER LOCATION RUNOFF COMPUTATIONS SEWER DESIGN
STREET FROM TO AREA C A*C SUM Tc I a S PIPE CAPACITY VEL.AT PIPE TIME IN
M.H. M.H. (ACRES) A*C (MIN.) (IN./HR.) (CFS) (%) SIZE (CFS) FL.FLOW LENGTH PIPE
CB 2 CBMH 4 0.90 0.6 0.54 0.54 10.0 5.63 3.04 0.50 15 4.95 4.03 28 0.1
CBMH 4 CBMH 3 2.30 0.5 1.15 1.69 10.1 5.61 9.48 0.80 18 10.17 5.76 80 0.2
CBMH 3 CBMH 2 1.40 0.5 0.70 2.39 10.3 5.56 13.29 1.50 18 13.93 7.88 50 0.1
CBMH 2 CBMH 1 1.00 0.5 0.50 2.89 10.5 5.52 15.95 4.50 18 24.13 13.66 160 0.2
CB 1 CBMH 1 0.10 0.9 0.09 0.09 10.0 5.63 0.51 0.50 12 2.73 3.47 36 0.2
CBMH 1 POND 0.10 0.9 0.09 2.98 10.7 5.48 16.33 0.51 24 17.50 5.57 30 0.1
POND OUTLET POND OUT 1.60 0.6 0.96 3.94 10.7 5.48 21.59 0.60 18 8.81 4.99 140 0.5
N
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j- Consulting Engineers & Surveyors
201 W. Travelers Trail'• Burnsville, MN 55337
Phone (612) 890-0509 . FAX (642) 890-8065 '
August 18, 1993
Mr. Michael Franzen
Senior Planner
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344
Re; Erosion Control Plan
Peter Andrea 2nd Addition
BMI Project No. TS93.0424
Dear Mr. Franzen:
The following brief narrative is provided to supplement the Preliminary Grading,
Drainage and Erosion Control Plan for the above referenced development which
was submitted to your office yesterday. It is intended to further explain those
erosion control practices and requirements which we plan to incorporate into the
plans and specification for the site grading, utility and street improvements for
this development should it proceed.
First and foremost we have a copy of Eden Prairie's "Erasion Control Policy" as
well as the Minnesota Pollution Control Agency's (MPCA) manual "Protecting
Water Quality In Urban Areas" and have already incorporated many of its Best
Management Practices in past and current projects. The City's requirements for:
1. Utilization of Best Management Practices;
2. The maintenance and regular inspection of all erosion control systems;
3. The minimizing of trackage and spillage on adjacent public streets; and
4. The clean-up and restoration of any perimeter breaches of erosion control
systems;
shall be complied with.
In addition, the following erosion control measures are being proposed at the
following various construction stages as specific requirements of the project
specifications.
1. Prior To Commencing Site Grading
Install erosion control systems (silt fence or straw bale dikes) around
perimeter of site grading limits and around current perimeter of
Wetland A.
Attachment C
MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN AMES, IA
An Equol Cpporfunify Employer
2. Initial Site GiCing Priorities C
a. Entrance roadway subgrade preparation followed by construction of .L'
' 100' long x 24' wide.x 6" thick (minimum) rock construction entrance
immediately west of Bryant Lake Drive;
0
b. Stormwater detention pond construction; 4; .
C. The final area of site grading is the enlargement of Wetland A
immediately followed, by the seeding of that replacement area with
an appropriate seed- mixture.
3. Immediately Following Completion of General Site Grading
- Turf restoration outside street. rights-of-way using:
A. Seed with disc-anchored mulch on slopes flatter than 8%n .
(12:1);
b. Seed with mulch and netting on slopes between 8% and 3:1;
and
C. Seed with wood fiber blanket and netting; on 3:1 slopes and
stoeper. Alsp :install silt* fence or straw bale dike at base of
these ,slopes ,and at immediate points further up the slopes if
needed.
4. - immediately Following Utility Construction
a. Install bale checks around perimeter of storm water inlets; wrap inlet
covers or grates with geotextile. 'fabric and cover with 6" thickness of
1"-2" diameter, wasl river rock; and
b. Install bale check i4 front of outlet pipe draining sedimentation pond
to Wetland A.
5. Immediately Following Curb ;and Gutter Installation
a. Install a minimum of 2 rolls (3') of sod immediately behind the curb;
b. Seed and disc-anchor mulch the .balance of the boulevard area; and
C. Install the bituminous base course of pavement as soon as possible.
We will be available to discuss these measures in greater detail with the City of
Eden Prairie as well as the neiihboring residents. Please contact me if you have
further questions or need additional information on this matter.
Sincerely,
James E. Jo?nson, P.E.
Project Engineer
cc: Mr. Jim Deanovic
Mr. Gary Harris
Attachment
C .
c t.
EROSION CONTROL POLICY : January 1, 1993
' MISSION STATEMENT
At any given time, Eden Prairie has a large amount of property denuded of vegetation with land
alteration in progress. Erosion may result from ongoing construction activities such as road and
highway projects, industrial, commercial, residential development,*and individual house construction.
These activities are prone to erosion, producing sediment that can infiltrate storm sewer systems, affect
water quality, clog streets and sidewalks, and cause damage to property. The City Council has
recognized the need and directed City staff to devise a comprehensive erosion control policy. The
benefits of these controls can be realized in improved water quality, increased safety and monetary
savings in clean up efforts. The City Council has directed the following Policy to be implemented:
1. All construction projects permitted by the City of Eden Prairie which result in the temporary
disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use
of Best Management Practices (BMP's)as outlined in the Minnesota Pollution Control Agency's
manual, Protecting Water Quality In Urban Areas, to mitigate the impact of erosion on wetland .
and water resources. The City Engineer or the Director of Inspections may impose special
conditions to permits which stipulate erosioh control procedures and/or direct the installation of
erosion control features'or the clean up of erosion at construction sites. Permits effected by this
policy include all grading permits, building permits, and permits for the installation of utilities.
2.. All erosion control systems stipulated in the permit shall be installed prior to the issuance of the
permit:--Supplemental erosion control systems ordered by the City Engineer or the Director of
Inspections shall be installed within 48 hours.
3. All erosion control systems must be maintained by the permittee in a functional condition until
the completion of turf and/or structural surfaces which protect the soil from erosion. The
permittee must inspect erosion control bi-weekly and immediately after each rainfall event of .5
inches or more. Needed maintenance shall be performed within 48 hours.
4. Best Management Practices (AMP's) shall be utilized at all construction sites to minimize the
trackage or spillage of soil on public streets or highways. BMP's may include, but are not
limited to, rock construction entrances, washing stations, frequent cleaning of streets adjacent
to the construction site or limiting operations when site conditions are unmanageable. Trackage
or spillage of soil on a public street or highway must be cleaned by power sweepers within the
time frame stipulated ii, the permit special conditions or as ordered by the-City Engineer or the
Director of Inspections.
5. If erosion breaches the perimeter of a construction site, the permittee shall immediately develop
a clean up and restoration plan, obtain the right-of-entry from the adjoining property owner, and
implement the clean up and restoration plan within 48 hours of obtaining the adjoining property
owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public
street, highway, sidewalk or trail, the permittee shall remove the soil material and thoroughly
sweep the street or sidewalk surface within four hours. If eroded soils enter, or entrance
appears imminent, into wetlands or other water bodies, clean up and repair shall be immediate.
Permittee shall provide all traffic control and flagging required to protect the traveling public
during the clean up operations.
Attavhment D
C c
6. When a permittee fails to conform to any provision of this policy within the time stipulated in
a written notification, the City Engineer or the Director of Inspections may take the followin
actions:
a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy.
b. Direct.the correction of the deficiency by. City forces or separate contract.
The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon
the construction site for the purpose of correcting deficiencies in erosion control.
All costs incurred by the City in correcting erosion control deficiencies shall be reimbursed by
the permittee. All invoices for erosion control correction shall be due and payable within 30
days. Invoices not paid within 30 days shall accrue interest at a rate of 1% per month.
Each charge for correction of erosion deficiencies shall be a lien upofr the property to which the
permit applies. Invoices more than 30 days old on September 30 or any year,or on any other
date as determined by the City Engineer or the Director of Inspections may be assessed against
the property.. As a condition of the permit„ the owner shall waive notice of any assessment
hearing to be conducted,by the City, concur that the benefit to the property exceeds the amount
of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 to
challenge the amount or validity of the assessment.
I, We, The Undersigned, hereby accept the terms and conditions of the Erosion Control Policy dated
January 1, 1993 as set forth and agree to fully comply therewith to the satisfaction of the City of Eden
Prairie, Minnesota.
Applicant's Name (Please Print) Date
Applicant's Signature Applicant's Title
Office Phone No. Mobile No. Home No.
Development Name: Lot: Block:
D.k P0[lC1C.II20SION.POL Attachment D
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. +w.•k:ti'Frt'T.nr .cf'itl+_ ..,y .�,�,ciF..(.•Hawrsa:..i+t{,.�..i
• � cs.��--x�t?'�-.r' r.•�'�•ate ._
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/I/ ����\ � � � N h n+•aTs �1 k �i..i_. .J T•.": SIT J 1 .1 w. t .r is�11 � .
PATH
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/ 1 FROM > r
- •J'FVRN/ o n6z 041L 11wHEELt-
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we-so DESIGN r. ! 4 a ,' "'•+Nr'tc�+��
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PATH OF LEFT—' r0 O .��. - - v -�' .x "�•{�•^c.:.- �T•`"`. rN•
PATH OF RIGHT
I I N -
FRONT WHEEL -
REAR WHEEL IP • z -
oi L { a.1 �('�\r' �yy'. M *L� ^f SJ,y ,f, .l -,..v�y s,. .•at ..�rvcb>��.',r-yam wa•SO DESIGN I I I I D= A +
SEMITRAILER I I Z 3 j �'• .r T-ry,..;Z. KaT yV- •''<..1 t(,._'
• CDMBw1TION p p Y .r •S. J J'+ )'L -+r 5:�
p PATH OF RIGHT
a=.83• I I O1 REAR WHEEL SC
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OWN
• �• le a b M ('-'� I I D I - 1. t� tJ .Tt�sX..7� k', +!! L..a i..,. r
ICI L �• I rr sF "11.�..x--"T _�. - n -
1 1 I ( • 10 70 >0 M 60 x> r i ,C,y,�f1-.,i 'ham p.J�r� ,.r..cT'' y.. `.�'..'L " � ..
-MINI
MU6lTURNINp PATH FOR WBfiO DESIGN VEHICLE -MINIMUM TURNING PATH FOR W&60 DESIGN VEHICLE
rote Flynn 24.02E Figun 2.3.02E
.. .._. _ _ .. .. - a _r •�'e► 39`f iti -
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leaving or entering the roadway. When safe sight • Compensate the owner for obtaining access
distance is not provided, access to the property across other properties
should be denied to safeguard the traveling public.In 0 Construct a frontage road to serve the
that case, the following alternative actions should be
considered by the county: property
• Require the developer to create the required Table..2-1 and the accompanying illustration present
sight distance by clearing and grading minimum recommended safe sight distances left and
0 Compensate the owner for denial of access right for vehicles leaving a development. Table 2.2
shows the minimum recommended sight distances for
• Reconstruct the county road to provide vehicles turning left off the major road into a
necessary sight distance development.
table 2-1
SIGHT DISTANCES AT ENTRANCES
D=DISTANCE ALONG MAJOR ROAD FROM DRIVEWAY TO ALLOW VEHICLE TO ENTER SAFELY
(FEET) -SEE ACCOMPANYING ILLUSTRATION
30 MPH 40 MPH 50 MPH 60 MPH
2 lane 4 or 6 lane 2 lane 4 or 6 lane 2 lane 4 or 6 lane 2 lane I 4 or 6lane
DL DR DL DR OL DR DL DR IDL DR DL DR DL DR DL DR
PASSENGER 350 260 220 260 530 440. 380 % 440. 740 700 620 700 950 1050 950 1050
CARS - l -
TRUCKS 1500 400 400 400 850 850 850 850 1600 1600 1600 1600 2500 2500 2500 2500
Source: Based on tables from Reference 23
LINE OF SIGHT 101
LINE OF SIGHT
DL= SAFE SIGHT DISTANCE DR=SAFE SIGHT DISTANCE
TO THE LEFT TO THE RIGHT
4 � � "Attachment F
C C.
EROSION CONTROL POLICY January 1, 1993
MISSION STATEMENT
At any given time, Eden Prairie has a large amount of property denuded of vegetation with land
alteration in progress. Erosion may result from ongoing construction activities such as road and
highway projects, industrial, commercial, residential development,and individual house construction.
These activities are prone to erosion, producing sediment that can infiltrate storm sewer systems, affect
water quality, clog streets and sidewalks, and cause damage to property. The City Council has
recognized the need and directed City staff to devise a comprehensive erosion control policy. The
benefits of these controls can be realized in improved water quality, increased safety and monetary
savings in clean up efforts. The City Council has directed the following Policy to be implemented,
1. All construction projects permitted by the City of Eden Prairie which result in the temporary
M disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use- -
of Best Management Practices (BMP's)as outlined in the Minnesota Pollution Control Agency's
manual, Protecting Water Quality In Urban Areas, to mitigate the impact of erosion on wetland .
and water resources. The City Engineer or the Director of Inspections may impose special
conditions to permits which stipulat;erosion control procedures and/or direct the installation of
erosion control features'or the clean up of erosion at construction sites. Permits effected by this
policy include all grading permits, building permits, and permits for the installation of utilities.
2. All erosion control systems stipulated in the permit shall be installed prior to the issuance of the
permit:--Supplemental erosion control systems ordered by the City Engineer or the Director of
Inspections shall be installed within 48 hours.
3. All erosion control systems must be maintained by the permittee in a functional condition until
the completion of turf and/or structural surfaces which protect the soil from erosion. The
permittee must inspect erosion control bi-weekly and immediately after each rainfall event of.5
inches or more. Needed maintenance shall be performed within 48 hours.
4. Best Management Practices (BMP's) shall be utilized at all construction sites to minimize the
trackage or spillage of soil on public streets or highways. BMP's may include, but are not
'_united to, rock construction entrances, washing stations, frequent cleaning of streets adjacent
to the construction site or limiting operations when site conditions are unmanageable. Trackage
or spillage of soil on a public street or highway must be cleaned by power'sweepers within the
time frame stipulated ii► the permit special conditions or as ordered by the City Engineer or the
Director of Inspections. ,
5. If erosion breaches the perimeter of a construction site, the permittee shall immediately develop
a clean up and restoration plan, obtain the right-of-entry from the adjoining property owner, and
implement the clean up and restoration plan within 48 hours of obtaining the adjoining property
owner's permission. In the,event eroded soils enter onto or are tracked or spilled on a public
street, highway, sidewalk or trail, the permittee shall remove the soil material and thoroughly
sweep the street or sidewalk surface within four hours. If eroded soils enter, or entrance
appears imminent, into wetlands or other water bodies, clean up and repair shall be immediate.
Permittee shall provide all traffic control and flagging required to protect the traveling public
during the ciean up operations.
21 �
MEMORANDUM
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
THROUGH: Bob Lambert, Director of Parks, Recreation & Natural Resources
FROM: Barbara Penning Cross, Landscape Architect
DATE: September 15, 1993 V
SUBJECT: Supplementary Staff Report to August 20, 1993 Planning Staff Report for Peter
Andrea 5th addition
The Planning Commission approved this project at their August 23, 1993 meeting. Issues for
the Parks, Recreation and Natural Resources Commission are as follows:
TREE LOSS/PRESERVATION:
This is a very difficult site to develop with a 74 foot vertical drop falling from the northwest to
the southeast corner of the site. The original submittal depicting 30 townhome lots had tree loss
calculated at 51%. To reduce the loss, the road alignment has been changed, the number of
units has been decreased by eight, and the size of the lots has been increased. Tree loss is now
35%. A conservancy easement to preserve the remaining trees will prohibit alteration of the
topography and the vegetation.
Although the 35% loss is on the high side of average, staff is comfortable recommending this
project based on the difficulty of the site, the site density, (1.48 units per acre with 2.5 units per
acre allowed by code) and measures this developer has gone to to preserve the remaining trees.
WETLAND PROTECTION/MITIGATION:
The existing wetlands have been field delineated by a representative from the Nine-Mile Creek
Watershed District. The wetland in the center of the project will be filled and mitigated by
enlarging the wetland along Bryant Lake Drive. Alteration and mitigation of wetlands are in
accordance with the Wetland Preservation Act and approved by the Watershed District.
PEDESTRIAN SYSTEMS:
It is in the City's Comprehensive Park and Open Space System to have an 8 foot bituminous trail
along the west side of Bryant Lake Drive. Pedestrian and bicycle traffic is anticipated along this
street to Bryant Lake Park. An outlot along the south boundary line of Wooddale Church will
eventually allow easy access from Bryant Lake Drive to the park. The developer of this project
will grade a 10 foot wide pad concurrent with road construction for a trail to be installed by the
?1��
Andrea 5th Addition
September 13, 1993
Page 2
City when the Park District extends the trails in Bryant Lake Park to the Wooddale Church
outlot. The City will require a trail easement of this developer if the trail cannot fit entirely
within the right-of-way of Bryant Lake Drive.
RECONEVIENDATION:
The park, recreation and natural resources staff recommend approval of this development based
on the August 20, 1993 Planning Staff Report and this supplemental memo.
BPC:mdd
Andrea/6
STAFF REPORT
TO: Planning Commission
THROUGH: Chris Enger, Director of Community Development
FROM: Michael D. Franzen, Senior Planner
DATE: August 6, 1993
SUBJECT: Peter Andrea 5th Addition
APPLICANT/ Peter Andrea Company
FEE OWNER:
LOCATION: Bryant Lake Drive and Willow Creek Road
REQUEST: 1. Zoning District Change from Rural to RM-6.5 on 14.89
acres.
2. Preliminary Plat of 14.89 acres into 30 twinhome lots.
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Staff Report
Peter Andrea 5th Addition
August 6, 1993
BACKGROUND
This is a continued item from the July 26, 1993 meeting. The previous meeting was used to
present the project to the Planning Commission, identify issues, and update the neighborhood
before proceeding with final plans. The major issues identified at the Planning Commission
meeting, were impacts of the project on the residential areas to the west (transition), impacts of
the development on site (tree loss should be less than 30%) and road grades (an 8% road grade
with a sharp curve). City staff and the Developer have spent the last two weeks working on
these issues.
I. Impact of the project on the residential areas to the west - transition.
The number of units has been reduced from 30 to 22. The.twinhomes adjacent to the
single family homes in Willow Creek neighborhood have been changed to single family.
The lot sizes average 41,000 square feet.
H. Impacts of the development on-site features - reducing tree loss to less than 30%.
The Developer has completed a tree inventory which has been field checked by City
Staff. The use of large single family lots on the western portion of the property, shifting
of building pads out of the wooded areas impact the site features less than the previous
plan. The staff estimate for tree loss for the 30 twinhome plan was 51%. The tree loss
was calculated counting all trees that were physically cut down due to construction and
those trees would die due to construction practices including any grading, or construction
within the drip line of the trees. A revised grading plan has not been prepared for the
new concept plan. Pad sizes are 3000 sq. ft. for each twin home which is 500 sq. ft.
larger than the previous plan. The single family house pads vary in dimension based on
the shape of the lot, but average between 5,000 to 6,000 sq. ft. Both of the proposed
pad sizes are large enough to accommodate a house, garage, and grading for the value
of homes proposed. The larger lot sizes and shifting of building pads out of the
significant tree masses, should achieve a tree loss of less than 30%.
III. Road grades - 8% slopes and sharp curves.
City staff spent the better part of two days trying to figure out a way in which access
could be provided to the top of the hill with a road grade less than 8%. It is possible to
build a road at a 6 1/2% road grade to the top of the hill, however, it would require a
much sharper turning radius and greater road length. It would encroach further into the
trees, require more cut off the side of the hill, and make it difficult to provide building
pads adjacent to Bryant Lake Drive.
2
2 i'l I
c c
Staff Report
Peter Andrea 5th Addition
August 6, 1993
Before proceeding with final grading and drainage plans, the developer would like to use
this meeting to update the Planning Commission and the neighborhood on plan changes
and to allow for additional input and direction before proceeding with final plans.
Staff feels that the plan changes provides a better transition to the single family areas and
reduces the impacts on the existing trees on the property. Although the road grade is
steep with a sharp curve, the design of the road is within allowable standards of the City.
The steep road grade and sharp curve is necessary in order to minimize site impacts on
the trees and slopes.
Staff recommends the project be continued for two weeks.
3
STAFF REPORT
TO: Planning Commission
THROUGH: Chris Enger, Director of Community Development
FROM: Michael D. Franzen, Senior Planner
DATE: July 23, 1993
SUBJECT: Peter Andrea 5th Addition
APPLICANT/ Peter Andrea Company
FEE OWNER:
LOCATION: Bryant Lake Drive and Willow Creek Road
REQUEST: 1. Zoning District Change from Rural to RM-6.5 on 14.89
acres.
2. Preliminary Plat of 14.89 acres into 30 twinhome lots.
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Staff Report
Peter Andrea 5th Addition
July 23, 1993
BACKGROUND
Staff has been working with the Developer for several months evaluating different development
scenarios in order to strike a balance between development, preservation of site features, and
City codes. The plan in your packet is a concept plan only. The Developer is requesting a
Hearing before the Planning Commission to present the project, identify issues, and update the
neighborhood, before proceeding with final plans. The Developer would return to the Planning
Commission in two weeks with a preliminary plat, grading plans, utility plans, and storm
drainage plans. At that time the Staff will present detailed Staff Report with recommendations.
This site is currently guided low density residential for up to 2.5 units per acre or 37 housing
units. The plan as proposed is 30 units at a density of 2.01 units per acre. Since twinhomes are
being proposed, the RM-6.5 Zoning District is the appropriate zoning district which permits
attached housing. The surrounding area is guided Low Density Residential and the residential
lots to the south and west of this project are zoned R1-22.
The Concept Plan as proposed could be considered reasonable based on the location of the road
and the siting of the units which help minimize site impacts. There are three wetlands on site.
Wetland A and Wetland C will be preserved, however, Wetland B in the center of the site would
be filled. The general character of the hill would be retained. The high point would be lowered
approximately 10 feet. There will be tree removal on the property, however, the plan attempts
to locate the road and the houses in areas where tree masses are not present.
A detailed tree inventory and tree loss analysis will be necessary to accurately determine site
impacts. It will also be important for the Developer to commit to building pad sizes to help
determine actual grading limits. This information is necessary to confirm, if the concept plan
has minimal site impact.
Transition to the surrounding single family area was identified as an issue at a neighborhood
meeting. Staff has recently talked with adjoining property owners on this issue as well. The
Developer will provide plans at the meeting showing adjoining homes and the views into the
project. The transition to an existing lower density area can be created by distance, trees or land
forms which block views or similar densities.
The wetlands have been field delineated and approved by the Watershed District. The Developer
must prepare a mitigation plan in accordance with the Wetland Preservation Act and as approved
by the Watershed District. Locations for wetland mitigation would be adjacent to Wetland A
along Bryant Lake Drive and north of the entrance road along Bryant Lake Drive.
2
c c
Staff Report
Peter Andrea 5th Addition
July 23, 1993
The project as proposed has two cul-de-sacs which exceed the maximum 500 foot cul-de-sac
length. The City has a policy of no unnecessary cul-de-sacs, however, cul-de-sacs have been
approved in areas where there is no other alternative way to provide access and/or because of
a desire to preserve site features. The two cul-de-sacs on this project could be connected
together, however, but would result in significantly more grading and tree loss on the property.
The City has granted variances on cul-de-sac length.
The initial Staff recommendation for road design on this project was an 8% road grade and a 150
foot minimum radius for the curve on the northerly cul-de-sac. After looking at the impacts of
constructing a 150 foot minimum radius, it became apparent that a tighter radius (as shown on
the concept plan) would result in less grading, and would also limit the amount of cut off at the
top of the hill to 10 feet. If the 150 foot radius was required, an additional 10 feet of cut would
be required.
The project will be required to pretreat storm water runoff. Ponds will be created along Bryant
Lake Drive for pretreatment.
STAFF RECOMMENDATION
After presentation by the Developer, neighborhood input and Commission discussion, the
Commission should recommend a continuance to the August 9th meeting.
c c
August 6, 1993
To: Eden Prairie
From: Brian and Mary Duoos (Kelly & Tori, too)
7160 Willow Creek Rd.
Eden Prairie
RE: Peter Andrea Development Plans on Bryant Lake Drive
Dear Council Members,
This past week there were 2 auto accidents on Bryant Lake Drive. One
at the Wooddale Church rear lot access and the other at Willow Creek Road.
Accidents at the #212 off ramp to Valley View Road and also the light at
Shady Oak are commonplace. The speed limit in 45 MPH - too high for a
road with a blind curve in it. Deer are seen daily and deer/auto accidents
occur frequently.
Our point is this: adding another 60 vehicles (minimum) from the
project is going to squeeze the road even more. The current plans are for a
road to leave the project just south of the blind curve by Countryside Auto.
Bad planning. 120 more trips per day (assuming 60 people leave their home
and return each day) is a burden. Add to that the pedestrian walkers from
Welcome Home and others and it could be a formula for tragedy.
Our suggestions are these:
1) Reduce the speed limit from 45 MPH to 35 MPH.
2) Decrease the density of the project by 1/3 (perhaps some single
family homes on the high sites away form the road).
3) Move the road access/egress further south from the blind
corner.
4) Install sidewalks on the west side of Bryant Lake Drive from
Valley View Road north to Shady Oak then west to Rowland and
Bryant Lake Regional Park.
Development of this site is certain and luxury twin homes is not a bad
idea. However the density and configuration of the project, i.e., hills lowered
and too many trees removed, concerns us.
Thank you for your careful consideration of this project!
Sincerely,
Brian Duoos � �
Kelly, age 9, Tori, age 6
AUG 12 '93 09:47 N.C.A. 612-667-1795 P•1
Daniel R Grote C
7061 Willow Creek Road Eden Prairie, Minnesota (612) 944-5983
August 12 1993
Nine Mile Watershed District
c/o Robert Obermyer
Barr Engineering
8300 Norman Center
Bloomington, MN 55437-1026
Re Proposed Peter Andrea Twin Home Development
Dear Mr Obermyer:
My wife and I live immediately west of this proposed real estate development
and share over 300 feet of common lot line; please see enclosed map. Our lot is of
almost three acres and has over 50 feet of elevation sloping in two different directions
with each slope ending in a sizable pond/wetland area.
To the south, we have a pond of almost one acre, with perhaps an additional
acre of wetlands, all of the later and half of the former on an adjacent, unbuildable lot.
Since moving in over ten years ago, we have avoided all use of herbicides and lawn
fertilizers in an attempt to preserve and enhance the indigenous wetlands wildlife.
Approximately 8-10 total acres of surface area appear to drain into this southern
wetland and it's pond which supports a wide variety of flora and fauna.
As you can imagine, we have several families of deer, many raccoons, any
number of groundhogs and, I think, two red fox families. Our avian friends include a
wide variety of songbirds plus, several owls, ducks, woodducks and a Canadian pair
who manage to return every year to raise another family. While we try to encourage
the nesting habitat for all these birds, some like the Canadians prefer the wetland to
the north-east of our home.
This second wetland was once a pond in excess of one acre, but it is fairly well
filled in with hummocks of rushes and reeds. Ideal nesting spots in that the edges are
open water providing natural protection. This wetland has a hundred feet of frontage
on our property and another hundred feet on the proposed real estate development,
each a quarter of the shoreline. While the western shore is protected by an acre of
our woodlands, the southern shore is, today, a heavily wooded forty-five degree slope
rising over 100 feet to the crest which is proposed to be leveled.
The north and eastern shores of this old pond are littered with the remains of
over thirty years of an auto salvage business that predates all Eden Prairie land use
planning. We are concerned that a major addition to water run-off into this wetland
and/or an unplanned increase in its holding capacity will flush hazardous chemicals
into our water table. All of the Willow Creek homes are dependent on wells for our
water supply! Maybe we need a full blown Environmental Impact Assessment.
These wetlands must be protected and we need your help.
AUG 12 '93 09:48 N.C.A. b12-bb7-1795 F.2
c �
Nine Mile Watershed District August 12, 1993
The proposed real estate development will have a major impact on the south
side of it's 15 acres. There it is proposed that one existing wetland be eliminated and
this loss "mitigated" by expanding another. These wetlands would, however, become
storm water run-off holdings ponds that will then drain into Nine Mile Creek. How can
these wetlands serve both storm water and natural wildlife?
Of more concern to us, and the reason for this letter, is the question of impact
on the wetlands on or adjacent to our property. Impact during construction and after.
Under the land use planning process in the City of Eden Prairie, a developer
must first work to gain approval from our Planning Commission. While your office is
notified earlier, until Commission approval, there is apparently no mechanism for input
into the bigger questions of the regional environmental impact. At least in this case,
we have the cart before the horse.
We need to hear your thoughts and concerns prior to the Planning Commission
being asked to approve the requested number of housing units, the extent of loss of
permeable land surface and/or the engineering required to drain storm water from the
proposed streets, driveways and roof surfaces. The tentative design is to divert all
this water to the southern wetlands, flushing out the natural nutrients and wildlife.
However, to the north and the west of the proposed housing development, we
see no planning for the water drainage that will come down one hundred foot slopes
at a forty-five degree angle. This kind of water pressure can not be stopped by the
standard black plastic barriers or even bales of hay. If we are to protect the wetlands
on our property from silt during construction and harmful lawn/garden chemicals in the
future, we must have a much more creative, permanent way to control water runoff.
In the public hearings with the Planning Commission, there have been references to
some kind of storm sewers for the slopes to the north and west, but I can not picture
how these might work.
We see only the potential to destroy what we have been trying to preserve. it is
only natural that we feel helpless given the power of a multi-million dollar development
team with its Inherent self interest that dismisses the potentially expensive concerns of
our neighborhood. We are not trying to stop this development, which has some good
creative components, just make it more responsive to our environment. Why should a
developer be allowed to profit from the quality of life that we have developed, when
his actions risk destruction of significant elements in the neighborhood's character?
Mike Franzen of the city planning department is now caught in the middle of
his conflicting responsibilities to the neighborhood and the interests of the developer.
Please consider how you might address the water quality issues presented by this
proposed development, and start the process within the next few weeks so that your
inputs can be considered by our Planning Commission members and City staff prior to
their being asked for their recommendations.
Thank you for your assistance.
� f�1
c � -
•f T
7121 Willow Creek Road
Eden Prairie, Minnesota 55�44-3225
July 23 , 1993
Planning Commission
City of Eden Prairie
7600 Executive Drive
Eden Prairie, Minnesota 55344
Re: Peter Andrea 2nd Addition
Dear Commission Members:
We are the owners of Lot 13, "Willow Creek." The rear of our
lot abuts the property on which the above captioned development is
proposed. The neighborhood and area we live in is unique. Because
of the dramatically undulating topography, the area was once known
as "Little Switzerland. " Fortunately, the original development of
our neighborhood, which occurred in the early 1950's, respected the
terrain in creating large single family lots that were prohibited
by restrictions from being subdivided, with the exception of one
very large lot that was later divided into three lots, each of which
was larger than two acres. The street serving the lots (Willow
Creek Road) meandered so as to follow the existing terrain and
almost eliminate the need for excavation and alteration of land
forms. That placement of the street resulted in some unusual shaped
lots of varying sizes, the smallest of which is about one acre with
many being considerably larger. An existing marsh/peat bog was
maintained in its original configuration.
There have been three additional developments that have oc-
curred on properties adjacent to our subdivision, each of which has
continued the original development criteria. The first occurred
when additional land was added to Lot 17, giving rise to a parcel
which is two acres in size. The next addition was a subdivision of
land to the north that was divided into five lots, each of which was
larger than an acre. The most recent development was a subdivision
of eight acres of land to the south into five single family lots.
sFor more than fifty years, this neighborhood has existed and
expanded with a uniform development pattern. The density of the
.i single family homes is appreciably less than one unit per acre
(approximately .6 units per acre) .
Planning Commission -2- July 23, 1993
The development proposed by the Peter Andrea Company is largely
incompatible with our neighborhood. The only consistent factor is
that the land is to be used for residential purposes. We have a
number of concerns that we wish to bring to your attention, namely:
1. First and foremost are the density of units and the mass
of the structures which are being proposed. These factors
give rise to almost all of our other concerns. The total
size of this parcel of land is less than 15 acres. with
30 units being proposed, the density is more than two
units per acre, which is from three to four times greater
than the density which presently exists in our neighbor-
hood. But the density ratio only reveals part of the
problem. We have been informed by the developer than each
unit will be comprised of about 3 ,000 square feet, exclu-
sive of garages, decks, eves, overhangs, etc. , and that
most of the units will be of a walkout type. (The sche-
matic plans presented to the City appears to significantly
misrepresent the footprint of these buildings. The build-
ing pads shown on the plans are but about 2 ,500 square
feet. ) It would seem to be safe to assume that each of
these units would have at least two car, if not three car,
garages that would add another 500 to 800 square feet of
ground coverage. If one were to place an accurate foot-
print of a structure of this total size upon the plans
presented to the City, the impact of the structural mass
would be more readily apparent. When one adds the
streets, driveways, parking areas, etc. to the correct
building footprints, the amount of impervious surface
proposed on this site raises significant questions about
surface water drainage and aquifer regeneration. A number
of the double units shown on the plans presented to the
City are but 20 to 30 feet apart using the inaccurate
building footprints. We question whether an accurate
depiction of the building pads including garages, etc.
would indicate that there may be problems with obtaining
the minimum sideyard setback requirements that are re-
quired by the Code. Even if sideyard setback problems can
be avoided, the visual impact of structures as large as
are being proposed that are placed that close together
will in many instances be one of an almost continuous
structure. Of course, the visual impact will change
depending upon the line of sight one has of the project.
The visual impact will also be affected by the topography
�i
Planning Commission -3 July.,23 , 1993
of the site. A rear walkout unit will have an elevation
of 40 to 50 feet. When another unit is built on a higher
elevation in the same line of sight, the visual impact
will be of a much larger building height. There are lines
of sight in the proposed plan that will give rise to a
view of buildings rising from an elevation of 865 feet to
more than 955 feet which would present a visual impact of
a structure of more than 90 feet in height. When one
combines the density and mass factors of this proposed
development, it becomes obvious that the proposed project
is totally inappropriate for the site and this neighbor-
hood.
2. In many respects the topography on this site is more
severe than exists in the Willow Creek subdivision and it
is more difficult to develop in a manner which is sensi-
tive to that land. It appears to us that the developer
has determined the number of units he wishes to build on
this site regardless of the physical characteristics of
that property. This fact is aptly demonstrated by the
number of variances that would have to be granted in order
to approve this project. The developer proposes to fill
an existing pond and wetland; to alter about 50 to 60% of
the site by grading; to remove a number of significant oak
trees; to have a cul-de-sac which is far longer than
permitted by the Code; to interrupt the natural drainage
from adjoining properties; to create a road which has a
rise in elevation ratio above the maximum permitted under
the Code; to have at least nine lots with street frontage
that is less than permitted by the Code; to erect sizable
retaining walls; to have a road curvature which is far
greater than permitted by Code, etc. If the developer
were to abide by the maximum roadway incline under the
Code, a hill on the property will have to be excavated by
20 feet. All of these factors again provide concrete
proof that this proposal is far too dense. The number and
size of buildings that can comfortably be placed on a flat
parcel of property, simply cannot be constructed on a site
of similar size that consists of steep topographical
changes, mature trees and wetlands without destroying or
doing unacceptable damage.
c �
t.
l
Planning Commission -4- July.,23, 1993
°��'.
3 . This property is located on and will take access from
Bryant Lake Drive. With 30 units, it would be reasonable
to assume that there would be 45 trips generated by those
units during both the peak morning and evening travel
times. Bryant Lake Drive not only has the traffic gener-
ated by the users of Willow Creek Road, Willowood, Welcome
Home, Wooddale Church, the highway maintenance building,
and residences that have direct access to that road, but
it also is used as a short cut by many vehicles between
Shady Oak Road and Valley View Road/Prairie Center Drive,
including a number of people working or residing in City
West. Further, it is reasonable to anticipate that the
Pavelka property may be developed in the near future
giving rise to the generation of more traffic. The layout
of Bryant Lake Drive contains a number of areas of limited
sight lines. More traffic will increase the hazards
inherent in this road.
A reasonable assessment of the proper usage of this property
would appear to limit the number of units to no more than 14 to 16.
Yours very truly,
lie
Donald J`: Sorense .i'
Elaine L. Sorensen
DJS/k
Jean L Grote '
7061 Willow Creek Road Eden Prairie. Minnesota 65344 (612) 944-6983
July 21, 1993
Eden Prairie Planning Commission
c/o Community Development Department
City Hall - 7600 Executive Drive
Eden Prairie, MN 55344-3677
RE: Peter Andrea Twin Homes Proposal
Ladies and Gentlemen:
Prior to taking any action on the proposed development, I encourage anyone
who hasn't already done so, to walk the hill adjacent to Willow Creek and see for
themselves the natural beauty that we are concerned about.
Sometimes early in the morning, you can look up and see several deer lying in
the tall grass. Prairie grass, stands of oak, small ponds and wonderful knolls - no
wonder this City was named Eden Prairie.
I feel that we have a responsibility to care for and not destroy the land around
us, especially just to make a short term profit. The policy of Eden Prairie to replace
trees that are lost to development is an admirable one, but it doesn't carry much
weight when it comes to 100-150 year old oak trees. There is nothing that can take
their place.
Over and over again, as development has come to Eden Prairie, I have seen
the oaks removed or damaged while the hills and knolls have been bulldozed away.
Even if a developer "guarantees" the oaks will remain - the unrestricted use of heavy
equipment on the premises is enough to damage the sensitive root structure of the
oak and in 1-2 years you will see the death of the trees.
A responsible developer can use a qualified forester when planning a property,
even though not as many houses may be built.
Something has never made sense to me. Why would anyone want to take a
prime piece of property like this one, with natural hills, ponds and oaks, and bulldoze it
to change the very integrity of the land they liked in the first place?
Surely this hill will be developed someday - we understand that. Please help us
to make sure it's done with responsibility - maybe fewer houses worked in carefully
around the oaks.
Respectfully,
Daniel R Grote
7061 Willow Creek Road Eden Prairie, Minnesota 55344 (612) 944-5983
21
July 21, 1993
Eden Prairie Planning Commission
c/o Community Development Department
City Hall - 7600 Executive Drive
Eden Prairie, MN 55344-3677
RE: Peter Andrea Twin Homes Proposal
Ladies and Gentlemen:
My wife Jean and I have lived on Lot 11 of the Willow Creek subdivision for the
last ten years. This is the most north-easterly lot and it shares some 365 feet of
common lot line with the Peter Andrea proposal for a 30 unit twinhome development.
At this time we must object to the proposed development. While we will attend
the public hearing and try to maintain an open mind, we remain skeptical that such a
development can be consistent with the existing neighborhood.
Willow Creek was created on March 24, 1949 by the subdivision of property
owned by Elizabeth Hanitch and August and Marguerite Kaiser. Their agreement,
recorded by the Hennepin County Registrar of Titles, sets forth very explicitly, their 0
ideas for the kind of neighborhood they wished to develop:
"...no lots or tracts of land shown within the plat "Willow Creek" shall be sold for
anything other than single private family dwelling houses..."
"...in making any sales of said property, the deeds shall contain restrictions
prohibiting the use of such lots or tracts of land for the purposes against which there is
the prohibition above described."
"In the event of sale, parties of the first part agree that they will not subdivide
their land in parcels smaller than one (1) acre in extent and that any sales of any
portion of their property shall be made subject to the restrictions as to the use thereof
for the purposes expressed...above."
"This agreement shall be binding upon the heirs, executors, administrators,
successors and assigns of the respective parties hereto."
While I am not a lawyer, the plain language interpretation of these deed
restrictions seems pretty clear to me. The above quoted clauses are excerpted from a
four page, single spaced document, but I think that they can be read as shown without
loss of meaning or distortion of the developers intent.
Of more importance is the history of neighborhood development since 1949.
a! C5S
Planning Commissiorf Page 2
On April 6, 1976 the City of Eden Prairie entered into a Rezoning Agreement
with Gerald G Carnes and George V Tangen for the conversion of rural land to R1-22..
residential (City File No 75-29-Z). This agreement defined six residential leas and two
access parcels for all of the land between Willow Creek and Bryant Lake Park:
"...it is belied that rezoning of said area to R1-22 will be in the best interest,
welfare and convenience of the people of the City of Eden Prairie..."
"...Owners agree to develop the aforementioned property as single family
residential area in consideration of the City's changing of the zoning..."
"That the street and tracts...complete the Willow Creek Subdivision in a
compatible matter." ( I think the word "matter" was intended to be "manner".)
"That all sanitary sewer; water main and storm sewer facilities, concrete curb
and gutter and bituminous surfacing whether to be public or private, shall be designed
to City Standards..."
In the above action one parcel consisting of five acres, Tract F was left with no
access to a public road. While that was contrary to City Ordinance No 72-84 adopted
April 5, 1984 and probably some previous ordinance, it was apparently the intention of
the parties to have the City acquire Tract F as an addition to Bryant Lake Park.
However, in December of 1976, Mr Carnes petitioned your predecessors on the
Planning Commission to allow for the subdivision of Tract F into three single family
residential parcels of 1.4, 1.4 and 2.1 acres. Access to the two smaller parcels was
provided by the dedication to the City of a portion of Lot 11 by Mr Robert Porter, the
then owner of the home at 7061 Willow Creek Road.
Having purchased our home from Mr Porter, we are in possession of copies of
the various documents cited and believe that they constitute the relevant history of the
Willow Creek neighborhood. More recently, Don and Elaine Sorensen, our neighbors
to the south, participated in the purchase, subdivision and subsequent resale of the
eight acre parcel of the original Hanitch home at the south end of Bryant Lake. While 1
do not know all of the relevant facts or have copies of the documents, from various
discussions with the Sorensens, I am assured that this most recent development was
done in a manner that continues the history of one acre plus lots for exclusively single
family homes. I also understand that they added deed restrictions intended to save
even more trees than the City's commendable ordinance.
The Willow Creek neighborhood is certainly a unique area within Eden Prairie.
We respectfully request that you and Mr Andrea find some way to develop his land
into single family lots without any material variances. This would be consistent with the
Guide Plan and allow the preservation of our neighborhood and the maximum possible
preservation of the trees, hills and ponds that define Eden Prairie's special character
is within the metr area.
DICKINSON G. WILTZ, CMC ,
Certified Management Consultant 7141 Willow Creek Road
Eden Prairie,Minnesota 55344
j612)941-9400 Off.
(612)941-2112 Res
July 22, 1993
Eden Prairie Planning Commission
7600 Executive Drive
Eden Prairie, MN 55344
Dear Sir/Madam:
This is to register concerns about the character of the Peter Andrea Twin Home Project
between Willow Creek Road and Bryant Lake Drive.
Having earlier heard the developers' presentation and having recently discussed the project
with your Michael Franzen the following points are salient:
1. The neighborhood consists of single family residential homes having a one acre
minimum lot size, with most lots averaging llh acres. The Peter Andrea project is an
abrupt transition from large single family yards to a dense duplex layout of under lh
acre per unit.
2. The developer has said that each duplex unit will sell for $250,000 to $350,000 and
"living space" will approximate 3000 sq. ft. plus a two or three car garage, plus patio,
plus decks. On the walkout side each unit will be three stones high with over forty
feet from ground to roof line. This means each building will be over 7000 sq. ft. on
a pie—shaped lot which requires city building code variances. This building mass and
lot density impairs the natural ambience of the neighborhood.
3. The top of the hill, which is a lovely oak woods will be lowered by over 20 feet in
order to provide a street and cul—de—sac. Many building pads will be below street
level and require further degradation of the hillside and the environment. This will
create serious erosion and drainage challenges and problems. Natural drainage and
ponding sites are being destroyed or compromised with offsetting wetlands being
created primarily along Bryant Lake Road.
4. The oak and other protected hardwoods, many of which are mature, will be destroyed
and replaced by transplantable sized trees elsewhere. Each duplex unit owner may or
may not see fit to provide ground cover, shrubs or young trees. None of us will live
long enough to see the hillsides or hilltop mature.
General Management Assistance • Strategic Planning • Organization Dynamics • Marketing and Communications Counsel
�4ryq
In summary we are concerned about:
ti
1. Damage to the physical environment beyond the practical means to recreate it by man
and machine.
2. Compromising reasonable neighborhood density, resulting in yet another step in the
urbanization of Eden Prairie.
3. Destruction of an irreplaceable wooded hill and its environs in the interest of
immediate commercial and tax authority benefit.
We suggest a "second look", alternative uses for the land, less density with fewer code
variances required, and more protection of the area's existing beauty.
We are not against progress or against reasonable development of this property, but we are
opposed to the plan as presented.
Respect By submitted,
Dickinson G. Wil
Carol Wiltz
i
C
Jean L Grote - L
�.r
�j
7061 Willow Creek Road Eden Prairie, Minnesota 55344 (612) 944-5983
July 21, 1993
Eden Prairie Planning Commission
c/o Community Development Department
City Hall - 7600 Executive Drive
Eden Prairie, MN 55344-3677
RE: Peter Andrea Twin Homes Proposal
Ladies and Gentlemen:
Prior to taking any action on the proposed development, I encourage anyone
who hasn't already done so, to walk the hill adjacent to Willow Creek and see for
themselves the natural beauty that we are concerned about.
Sometimes early in the morning, you can look up and see several deer lying in
the tall grass. Prairie grass, stands of oak, small ponds and wonderful knolls - no
wonder this City was named Eden Prairie.
I feel that we have a responsibility to care for and not destroy the land around .
us, especially just to make a short term profit. The policy of Eden Prairie to replace
trees that are lost to development is an admirable one, but it doesn't carry much
weight when it comes to 100-150 year old oak trees. There is nothing that can take
their place.
Over and over again, as development has come to Eden Prairie, I have seen
the oaks removed or damaged while the hills and knolls have been bulldozed away.
Even if a developer "guarantees" the oaks will remain - the unrestricted use of heavy
equipment on the premises is enough to damage the sensitive root structure of the
oak and in 1-2 years you will see the death of the trees.
A responsible developer can use a qualified forester when planning a property,
even though not as many houses may be built.
Something has never made sense to me. Why would anyone want to take a
prime piece of property like this one, with natural hills, ponds and oaks, and bulldoze it
to change the very integrity of the land they liked in the first place?
Surely this hill will be developed someday - we understand that. Please help us
to make sure it's done with responsibility - maybe fewer houses worked in carefully
around the oaks.
Respectfully,
Aff
oA..
P E TERS0N
f \`.IQtltikiI.\IA(
(,i7YCU111h(;, �N�
June 9 , 1993
Mr. Jim Deanovic
Doter Andrea Co.
14180 W. 78th St . 0102
Eden Prairie, Minnopata 55147
Sub jectt Wet:laand Doli.nmeAtIon for. F±oxidonti.Al Dovelopment
Moat oR Bryant Lake Road, Fdon Prai.rio*,, Mi.nnosota
As requested, we have complat:ed a dol ineet I.on of the
wetlands occurring at the abovo rAferonced si.to. Throe
watlando were, identif i.a,d on t tics subject property and were
staked in the field on MAy 26 , 1993 . Tho following im a
summary of our findinga3 .
MXTRODOL40Y
Wantland bound+aria n wore delinoat.ed uAing the Federal HeAu ^l
for Xdent<i.fyljag and n"lino%ting jux•iaw4lotionaal Ctetletadm
( Interagency Taaak Force on W6tland Dmlineation , 1989 ) and
thft Corpus of XAVInTore Itmt1andaa DOUneAtian HnY3Uazl ( 1987 ) .
The former method is rage tired by the riinneaota Wetland
COnstrvation Art of 1991 and tha latter is used by the Corps
of Engineors under Section 404 of t)to Clean Water Act.
The** mbthodol.ogion worn ;Pound to yield the Pam* wetland
boundarieu .
Below, we have, claasj.fied the atot~lElndq according to the
met}l0d0l09it0 wet forth in r-Ot IAn&9 And Persrr�tmtmr Mnbitatm
of tho United Stat„tm (E S/OBS Publication 79/31) Cowardin of
al . ) and Met:l+a.ndm of the UnItod 6tatom (UGrW8 Circular 391
Shaw and Fradine 1971 ) . Tho wotInAnd typos Aro given by
their Cowardin o1affia�{ £ic�nti followed by their Circular 39
classification.
WETLANDS IDUTIlFIRn
Bawi.n A iv appzoximratol.y 0 . 33 ncra in aiza an(i conalatn of
eensonally flooded paluMtt-JI10 marpnt wetland (PRMC) Type
3 ) , saturated paltistrine emor.gAll4 wetl.ant (FE2�B1 Type 2 ) ,
And 8eaaonally flooded paluntzi.ne acr"b shrub wetland
(P8ti1C1 Type 6 ) . Thin watlnna.t is mnppmd on thn National
W(itland Ynvmitory ap FSSZC; . amain A .liana imme-diatwly
, C C
Mr. Jim Deanovio `' ;
June 9, 1993 }
Page 2
adj&oant to the west side% of. B yAnt Lake Dri.ve in the
extreme southeamt.esrn corner of l.ho property .
Dominant vngntation in the Typo 3 por. L-imn of Davin A
consists of cattails (7'yphA 0 )p . ) and. duckweed (Leann, Opp. )
with a some reed canarygr. aan (.Philnrls arundInnoon ) . The
maximum water depth in t:ho opon-wator portion of the wetland
was approximatbly 4 inchoo on the clato of oba*rvances . Soils
in the Type 3 aran nonaitar of vary stark organics matsr. ial and
wore inundated.
The Type 6 area of 13rcein A. connintm of red ozier dogwood
(CornuA *colon fesrA ) cknd amnd_bAr willow (Sn31x exlquee ) . The
understory is dominated by reed CAnarygrama . Part of the
Type 6 aren was inundated h), up to 2 inches of vator on the
date of observancn . Goll aat;urntion throughout this
remainder of! the Type 6 area range+ci from 4 inches to the
surface , Tho soils in the Typo 6 portion are componod of
very dark orgAnisa material ,
The Type 2 portion of Amain A ip chr:rar.t:eri.zod by rood
oanarygrdas . Although not dominant , there are a few
Amerioan ol.m (Ulmus smex.l,cAna ) in this part of the wetland .
Soil agturat.ion rangAd. from 1.2 to 16 inch*s below the
surface. The voila in the Typo 2 nre►aa arA dark organics
which exhibit mottling at mpproximat4ly 14 to 16 inchn s .
Upland from nAnin A, the vogot;aH.on cono3i eta of spurge
(Ruphorbla epp. ) , Ae+ntucky bluevgra,ae (Poa pratonxlx ) , Box
eldhr (Aaer noqundo ) , Common buckthorn (RhAmnun cathartics ) ,
ornamental dogwood (Corntltr npp. ) , Common msal.lairn (VerbAncum
thnpnun) , and soma reed c:nn&r ygraaa , Soils in the upland
area boeome more inodium brown in color and wars not mottled
or saturated.
Usin B
Basin A is locAt:Ad Juat northwo2t of Ramin A in the esouth-
aoutheastern portion of tha m i t o . 1113 are anauming that this
basin is approxitnst:Aly 0 . 3.3 Acre in nine . aaein S coneiate
of an open water anon of seasonally Hooded palustrine
emargsnt wat:land (PEMC; 'Type 3) , fringed by paluatrine
forebted wetland (Pls'01C; Type 1 ) and naturatod praluntrine
emergent wet_1Mnd (PEMA; Type 2 ) .
Dominant vogetntion in thii Type 3 portion of Bassin R ix
dominated by duckwood (Leymna app.). TH.* opon water area
also includbn sortie rood cnnnrygri%,An . Soi.ly wmra vory dark
organic matoriml which were► .i.nundmted,
Adjoining the 'type 3 aron on then north , aout.h and aa,at aidma
is a fringe of Typo 1 floodp1min for.e,at wetland dominmthd by
Amarioecn palm and box older, with read ea►nArygraea in the
understory . ' The noils in thin ,nreta are very dark to 8
5 i
Mr. Jim DeeAnovic
June 9, 1993
Page 3 '-
i,nohien, tht+n becoming llghto)r with a few runty mottles
occurring at 9 to 14 jnrhpF) he+l.ow t.h.n nurfn0j% . Soils were
aatureateed at: A dOpth of. 12 to In inches bmlow thek eurfnca -
On tho we of end of the Type 3 Ar^A of D aain n is an Rased of
TYP+a 2 inland trn+ah mnAd<)w wetI,%nd doml.natod by rogrJ
Canarygrana and stinging rinttloa (Urt:lan dlolcia ) , Soils in
this portion of the wetland wmr2e n drnrk bxvrwn with A few
rust 0010r0d mott.lela occurring at n.pprOXI.mat.Mly 12 inches .
Boil aaturation was Ancountarad, at about 18 inc_heaa below the
out-face .
Upland from Basin B, V"us)t ation consists of common
buckthorn, box -elder, spur o, acattereed rand canarygraso ,
and Re>ntuaky bluogr,era ee , 9r.Tl s in tho upland aroam bocame a
lighter brown color tend exttib.itnd no mottling or eaturntion .
A"i C
The portion of Basin C which 11.69 within the subject
propsrty is approximately 0 . 20 acro. It iv located 1.n the
extrem6 northwAntor.n cornor of tho property and conninto of:
smanonally flooded palumtr. inn ftmorgent wetl&nd (PE,MCI Type
3 ) and ewamonally floodAd psaltant:rinA fcrnat.nd wotland
• (PFO1Cf Type 1 )
Dominant vagetati.on in thrs Typo 3 portion of DAa►in C
c0nsiat2 Gf Cfhtt~a.i.lq and (1�.ackweed . Thore in -loan a amall
iaolated pocket of eandbar. willow (snl.ix exigun ) within they
Typo 3 , The maximum water c9Aopth in the Type 3 within the
Oita was approximately 2 foot on the data of obsorvance.
9oile in the Type 3 area w^rre intindAteed rend naaumed to haves
physical characteri_stict; indicative of hydric soils .
The Type 1 area of Aagi.n C conaiat:s of an overstory
dominated by Amoricean. oltn 4tt;h rood cana,rygrAm- a in the herb
dtratum. Comm on buckthorn iA Alno prenent in the
undearstory. 801.19 in than Type 1 arina worn vary dark brown
to black hocomi,ng glayqd at 12 inches with many rust—colored
mott.leS At Kbaut 12 inchan below than surfaco,
ANTICI PATM) WR".d'I.AwD TMVp CTp
It is our understanding thst the plan for tha aitae includAe
filling all of Ba.ain B and that Basin A would reoeivo
additional storm water tare A rmault of oiht) dt9volopmant . Wn
underhtsand that Basin A mny nlso bo nnlnrged to then north .
Aasin C is not axpacteri to bn lmpnctrad.
is VI.A' OAT AM111I2
Hinnaasota J1AtgrM ►7a1c.SaCiir]1:�.nn
qN
Mr. Jim D*anovic
June 9, 1993
Page 4 {`
No Minnaaote DNR at At^--prot6nt nd waters or weat®rcouraeo
exist on tha 'project since . Thus , no Minnes6to DNR protected
waters permit will he roqu J rod, for, the project ,
Corps of Ugins ire Raction 404 OUrl.adl.otion
All of the wetlands dincusna,d Above fall within the
jurisdiction of the U. B . Arany Corps of Engtnoors (COM) under
Section 404 of the Cloan Weater. Act . Under nationwide
S*ction 404 permit 26 (N*4P26 ) , the COS: r*gaalationa allow up
to 0. 5 acre of loge of ieol.at:ed or, haadwators wetlands
without pro-discharge+ notification and without compensatory
mitigation ( 33 CPR 330 . !t(a) (26 ) ( ii. ) ) . The total area of
loaa iA dot ermined by the aum of filled wetlands in addition
to any watlaand areas which are Advereely affected by
flonding, oxcravation or drainage ras A ra cult of the project .
Thus, in addition to the ap roxim&toly 0 . 33 racro filling of
Basin B, the COE may consider thin additional atom water
input to Aaein A to constitute is late of wetland in main A.
xt thia mum nxceodo 0 . 5 ncrA but is IaAm than 3 .0 acres, the
project mey possibly be rocos;ind As an NWP with special
conditions but will. involve pro-dlmnhcarge notification to
the COE and more ri.gorouer avoidance, mi.nimixation and
compenatation rAquir-vainnta . All fil.le over 3 .0 acres would
require can individual Section 404 permit . Mote that, while
the COE would not rnqui_re compenaatoxy mitigation for
projects covnraad under ran IMP, compensation would Yee
required under the► Minnopsotn Wetlrand Connervaat:ion Act of
1921 (WCA) ( sae below) .
All of the basins :ldonti.f i-E,d an the nub jecat proparty appmar
to be iaoltatad for purponom of CAE rogul.^tiona . The total
impact to thana basins is pr.enont.l.y unknown but appears to
be approximately 0 .70 acre . Thiat being th.a came, theme
impacts mhould be covered by MP 26 provided the COB can be
provided an adequato demonattration that impacts to Dasina A
and B cannot be further minimiztnd. If panoiblaa within the
context of the grading plan to hold in acts to Laren than 0 . 5
acre, no further dnrnone,trati_on of avoidance or minimization
will be necesaary,
HPCA Boation. 401 0oxtifica.ti.on
The MPCA has provided llblAnket." %vnter gtial.ity certification
for NWP 26 an danc.ribed a;hovo , Thus , it ahould not be
necessary to obtain indi.v.idtial 401 Certification from tha
MPCA if inpactam can bm kopt under threw ^ores . If an
individual Cox permit is zraqui.re�d, than MDCA, will
automatically re�ceivo a copy of the COE public notice for
the projoat: ^nd will. prococe itz 401 Certification based on
that unloom the agancy finds that additional_ information is
necessary.
L.
Mr. Jim Deanovic
Junes 9 , 1AA3
Page 5
TAU CertifiaatiOn r una9eor th+� t�mtl.and Conservation Act 4! 1991
Riley-purgatory-];tuff Crook Vint or aahed District in the Local
Governmental unit (L(;U) undo+r tho Hinneasotn Wetland
Conservation Art of 1991. (WC*A) for. this Nita. The Watershed
District must certify that any project proptlsed for the site
Complies with they Board of Wtatmr and Boil Ramourcen ,
(BWSR' *) Admit'istrative Gui.dealinan for the Interim Program
Of Wetland Raagu l+ati.on undor the WCA . At the Leo' s
discretion, t:he interim program may be extended through
December 1 , 1993 . Riley--Purgatory-Bluff Croak Waterahed
District will be araxtending the intari.m period. The interim
guidelines area subatranti-eally loon atringent than the final
BWSR rules will be.
The WCA eappliev to all. Of the wat.lsndA on than project alto.
We httVe reviewed the Axa�mptiona contained in the WCA and
find that the pro jeot proposed for thee edge would be
unlikely to ba axaamptmd.
Any wetlands that are Lost as a ire nult of thou project will
need to be replaced at a ones to one eacreAge ratio during the
interim period, Raced On wheat we know about thee project d
"worot ce9w, eaitimat�a of wetland replacement area would be
approxi.mektely 0 . 70 acre. Tha congress>t of reliof on the sit®
limits the potential aroas where w6tldnd mitigation could bps
ACCamplinhed. Excavating Benin A to tho north rind/or west
may be the only feasible option . However, it may be
difficult to got the demirod credit for mitigation in this
basin Since it is planned to rocei.vo aubobtdntial amounts of
storm water. It may be prudent to conmtriict a MV pond
adjacent to this basin to achieve higher T16-lity of water
entering then wetland and t o a.ch�.a�ve than needed wetland
mitigation credit.
We hope that the foregoing analymiN is of asaistance in the
onggoing planning and permitting okct:ivit:iox with regard to
thia project. P18ae6 tool froo to contAct me with any
questiona regarding our enalyaia . Y
Hest regards,
�'ekbxeon MAVi.ronmorxta]. Connu].t9.ng, no .
Rona a ST. yPaetarhon_ +- ---_..-------
President,
oo. ga,ry Hftrrin , The Msnngemont Compony, Tno .
31M Johnson, Dolton acid Monk
al°I�
MEMORANDUM
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
THROUGH: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Parks, Recreation and Natural Resources��
DATE: September 15, 1993
SUBJECT: Hockey Association Request to Operate the EPCC Concession Stands
PROPOSAL:
Attached to this memo is a September 10, 1993 letter from the Hockey Association of Eden
Prairie requesting the City Council to consider a proposed agreement to allow them to operate
the concession stands at the Community Center. The Hockey Association would like to operate
these concession stands with volunteer labor, in order to raise funds for the association to allow
them to purchase additional ice time and reduce the cost to participants.
BACKGROUND:
The City Council has always established a goal for the Community Center to attempt to meet
operating costs; therefore, City staff have reviewed the past net profit from the concession stands
and made a recommendation to the City Council that would guarantee net revenue to the City
similar to our estimated net revenue based on the number of hockey tournaments that will be
offered during the next year and operating two rinks.
The City of Bloomington allows their Hockey Association to operate their concession stand for
a flat fee of$10,000 or 15% of the gross revenue, whichever is greater. The City of Burnsville
allows their Hockey Association to operate their concession stand for 25% of the gross revenue.
The Eden Prairie Community Center staff are recommending either a flat fee of$10,000 or 25%
of the gross revenue. The Hockey Association is proposing paying the City a monthly fee of
$100 for use of the equipment for six months, plus 10% of the gross revenue.
If the City Council chooses to approve an agreement there should also be a provision requiring
the Hockey Association to maintain and repair all of the City equipment during the term of the
lease.
City staff commend the Hockey Association parents for their willingness to volunteer many long
hours in order to reduce the cost to Eden Prairie participants in both figure skating and hockey;
however, the direction from the City Council since the first day of operation of the Community
. Center was that the facility should be operated as a business with the goal of always trying to
Hockey Association Request
September 15, 1993
Page 2
meet expenses. While the Community Center was able to meet expenses for a few years, the
cost of repairing equipment and down time over the last several years has required the City to
heavily subsidize this facility. Although, approving the agreement as proposed by the Hockey
Association would not increase the subsidy by a great deal, it would increase the subsidy;
therefore, staff could not support the terms of their request.
RECOMMENDATION:
City staff recommend the City Council authorize the HAEP to operate the concessions for a six
month period, from October 1, 1993 to March 31, 1994, following the terms of their proposed
agreement with the following changes:
1. The fee would be a flat fee of$10,000 or 25% of the gross; whichever is greater.
2. The agreement will include a provision requiring the HAEP to repair and maintain all
City equipment during the period of the lease.
BL:mdd
MEMORANDUM
TO: Bob Lambert, Director of Parks, Recreation & Natural Resources
FROM: Dave Black, Community Center Operations Supervisor
DATE: September 14, 1993
SUBJECT: HAEP Request to Operate Concession Stands at EPCC
BACKGROUND
The concession stand operation at the Community Center has served a dual function in
providing food and beverage items as a service and to provide an additional source of revenue
to help attempt to meet operating costs of the facility. Staff has reviewed operating
statements of the concession stand over the last five years (attachment) and the first quarter
statements for 1993.
Over the past five years the Community Center has made approximately $3200 in profit
annually from the concession operation, mainly from the ice arena. It should be noted that
annual profit is reflective of the number of hockey tournaments hosted and the impact of a
strong sununer league.
In 1993 the second ice arena opened on January 2nd and the figures show that with both
arenas operating, the community center is able to turn a greater profit in three months then it
has over the last three years of operation.
ANALYSIS
Staff has taken the known information of operating with two ice arenas and compiled a
projection for the entire year 1993 (attachment). The projection for 1993 outlines the
different seasons of operation and separates the HAEP tournaments and their projected impact.
HAEP is interested in running the concession stand operation at EPCC for six months, from
October 1, 1993 through March 31, 1994. The projection of profit over this time period is
based on the actual information January 1 through March 31, 1993 and similar numbers for
the period January 1, 1994 through March 31, 1994. HAEP is hosting four tournaments and
EPCC is hosting a state Midget tournament in March which will yield additional profits
during the period when HAEP is operating the stand.
The concession operation will yield approximately $11800 in profit during the proposed time
period while operating two ice arenas. Haep has proposed to pay the City 10 % of the gross
revenue received during the proposed period of operation. The projected revenue is $41000
and 10 % of this figure is $4100. This is substantially short of what the City would make if it
ran the concessions operation itself.
RECOMMENDATION
Staff supports the concept of providing athletic organizations the opportunity to volunteer time
to curb the costs of participating in costly sports such as hockey and figure skating . Staff
has also received direction from the City Council to look for ways to curb rising costs of
operating the facility and ways to create additional revenue with the goal of trying to meet a
break even point for each year of operation.
Staff supports the general concept of the proposed agreement but would add that HAEP is
responsible for the repair and return of all equipment used in which the city,owns in proper
working condition at the end of the six month term and would recommend an increase in the
percentage. The proposed 10 % figure of gross revenue leaves the city short $7700 in
projected earnings for the six month period. If the figure was 25 % of the gross revenue, the
city would be able to retain an amount closer to the projected profit as illustrated in the
0
projections. 25 /o of 41000 = 10250 . This would be closer to the Bloomington
P J � $ $ ) g
agreement that requires $10000 flat fee or 15 % whichever is greater, or Burnsville's which is
25 %.
Staff recommends entering into an agreement with HAEP for the six month operation of the
concessions stands at the Community Center if the percentage of gross revenue is 25 % or a
flat fee of$10000, whichever is the greater amount.
Staff recommends denial of a proposal of 10 % of gross revenue, which leaves the city short
on its projected revenue, while operating costs for two ice arenas are being absorbed in the
general operating funds of the city.
Attachments: Community Center Concessions Review
Community Center concessions Projections for 1993
cc: Laurie Helling, Manager of Recreation services
Joy Hiemark, HAEP secretary
COMMUNITY CENTER CONCESSIONS PROJECTIONS FOR 1993
TIME PERIOD REVENUE EXPENSES PROFIT
Jan. 1 - March 31 $13190 $ 9215 $3975
(Actual )
April 1 - Sept. 30 7925 5400 2525
( Sept. projected/ Actual 4/1 - 8/31 )
Oct. 1 - Dec. 31 12810 8885 3925
( Projected) NOTE: excludes tournaments
Nov. & Dec. tournaments 6000 4440 1560
TOTAL $39925 $27940 $11985
For the six month period described as the HAEP hockey season ( Oct. 1 - March 31 ), the
concession operation will yield the following:
NOTE: These figures should not be confussed with the above projections for 1993. The
figures below indicate part of 1993 and part of 1994.
REVENUE EXPENSES PROFIT
Projected 10/1 - 3/31 $26000 $18100 $7900
Add in 5 tournaments 15000 11110 3900
( Projected )
TOTAL $41000 $29200 $11800
This information is based on the following factors:
1. Actual revenue and expenses 1/1 - 3/31 1993, combined with similar revenue and
expense figures for the period 10/1 - 12/31 1993; to be used as projections for the
time period 10/1/93 to 3/31/94.
2. Past history of proceeds of HAEP tournaments where one ice arena was used
yielded a 25% profit margin. This figure should remain constant with double the
teams participating. In the past EPCC did about $500 per day revenue, times
three days, which equalled $1500 revenue per tournament. This figure should
double to $3000 revenue per tournament with double the teams participating.
3.. Expense data includes a total of 13.85 % additional costs which are not directly
related to EPCC financial statements which the City pays for FICA, Sales tax, etc.
COMMUNITY CENTER CONCESSIONS REVIEW
Staff has reviewed the revenue and expense reports from the past five years to determine
profits received from operation of the Community Center concession stand. Staff has also
reviewed the actual revenue and expense reports for the period January 1 - March 31, 1993,
where two ice arenas were operating for the first time creating more business for the
concessions stand.
TIME PERIOD REVENUE EXPENSES PROFIT
Jan. 1 - March 31 1993 $13190 $ 9215 $3975
Jan. 1 - Dec. 31 1992 14415 14038 377
Jan. 1 - Dec. 31 1991 13752 11346 2406
Jan. 1 - Dec. 31 1990 18007 16839 1168
Jan. 1 - Dec 31 1989 26939 21462 5477
Jan. 1 - Dec 31 1988 31653 25175 6478
NOTE: The expense data includes an indirect cost which totals 13.85 % for FICA, sales tax
etc. which are not listed on the EPCC financial statements.
As you can see profits have shown a trend on the down side over the last three years prior to
the opening of the additional ice arena. This can be traced to a couple different factors.
1. The ice arena was shut down for repairs in 1991 during an important time of the
year for sales ( during try-outs, September 25th - October 25th.).
2. Starting in 1990 and through 1992 the summer league had a major decline in
participant levels which directly affected sales.
3. HAEP lost week end tournaments over Thanksgiving and Christmas in 1992 and
thus profit declined by approximately $2000.
In reviewing the additional sales and profit from having two ice arenas operating at once, you
can see a substantial increase in sales and profit in just three months of business. This is
partially due to the fact that the second concession stand was not ready to operate daily and
thus kept the expenses down to a minimum. (It should be noted that until water service is
available for the second stand, the Health department is limiting the products which can be
sold and thus makes the daily operation unprofitable except for major tournaments).
2-101
Hockey Association of Eden Prairie
c/o Eden Prairie Community Center
46700 Valley View Road
Eden Prairie, Minnesota 55346
haep
September 10, 1993
Mr. Robert A. Lambert
Director of Parks, Recreation and Natural Resources
City of Eden Prairie
7600 Executive Drive
Eden Prairie, Minnesota 55344-3677
Re: Operation of EPCC Concession Stands
Dear Mr. Lambert:
Our Board of Directors met last night and discussed both our
expectations and the City's expectations. Enclosed is our proposed
Agreement regarding the operation of the EPCC Concession Stands.
We feel this is an equitable and reasonable offer because we are
not only offering a much greater service to the community through
expanded hours of service, but we are still maintaining the City' s
actual profit and securing an added fund-raiser for our Association
through extensive volunteer labor.
Also enclosed is a letter I received from the Foxjet Swim Club
indicating they have no interest in joining with HAEP in this
enterprise. The Figure Skating Club has expressed an interest, but
unfortunately not in time for us to work out express agreements
with them and still meet the deadlines for City meetings before an
October 1st start-up date. We will therefore be working with Paul
Crugnola and the Figure Skating Club to share work shifts, expenses
and profits between the two associations internally.
We have received the figures from Dave Black concerning revenue and
expense records from past years. Several items which appear to
have been omitted and which rather substantially affect the bottom
line are the employer's share of FICA, Medicare and FUTA taxes, and
the Minnesota State sales tax. The employer' s share of employment
taxes totals 13.85% of the gross wages. I have figured sales tax
as 6. 5% just on the cost of Merchandise for Resale figures; the
actual consumer's sales price would obviously be many times higher.
I have enclosed a copy of my revised Concessions Report. While you
may not feel that these items figure in to the cost of operation,
they are in fact integral portions of the total expenses, and
necessary for an accurate portrayal of the percentage of profit.
Mr. Robert A. Lambert September 10, 1993
Page -2-
Another fact to consider is that HAEP would only be operating the
stands for six months, not the full twelve months. All figures
provided were for a calendar year.
Our Concessions Committee at this time consists of three members --
Greta Wagner, Robin Bronce, and myself. We have checked with other
communities as to their types of operation. Our information is
that in Apple Valley the city of Apple Valley does not receive any
of the profits back. In Burnsville, the city gets 25% back. In
Bloomington, Jefferson and Kennedy give the City 10% from the
profits. I note that in Eden Prairie the City does not get
anything back from the concession stand at Flying Cloud Field which
is operated by the Girls' Softball team.
Dave Black indicated that your preference was for a flat fee rather
than a percentage. Since this is still in an experimental stage,
HAEP cannot commit to strictly a flat fee. We propose rather that
we use a combination of monthly fee and percentage fee. It is
difficult to figure exactly what the City's share would be since
the revenue figures represent a 12-month period, but I think we can
still come up with an equitable result leaving the City with no
actual loss of revenue. If all goes well this year, it may well be
that we would have figures available to come up with a flat fee for
next year.
Sincerely,
HOCKEY ASSOCIATION OF EDEN PRAIRIE
Joy -� Heimark,
Secretary
AGREEMENT
Following are the terms and conditions between the City of Eden
Prairie (City) and the Hockey Association of Eden Prairie (HAEP)
regarding the operation of the Concession Stands located at the
Eden Prairie Community Center:
1. HAEP will be responsible for operating the concession stand
from October 1st, 1993, through March 30th, 1994. Hours of
operation will be Monday - Friday from 5:30 p.m. - 9:30 p.m. ;
Saturdays 8 a.m. - 10 p.m. ; and Sundays 8 a.m. - 8 p.m. HAEP
will operate only the main concession stand during these times,
except during HAEP tournaments or other heavy HAEP use, when
both stands will operate. HAEP will also operate the Olympic
rink concession stand at special events or during other hours
by request from the City if HAEP is given two weeks notice.
2. HAEP will provide all food and supplies sold in concession
stands.
3. HAEP will provide all staffing. Staffing will be volunteers,
aged 18 or over, generally assigned by team. There will be a
minimum of two persons Monday - Friday, and three on Saturday
and Sunday. At close of operation each day a member of the
Concession Committee will inspect stands for cleanliness and
sanitation.
4. HAEP will obtain all necessary licenses from the City, State,
etc.
5. HAEP will collect and pay all sales tax.
6. The City will provide all equipment and furnishings currently
in the concession stand. Compensation for use of equipment is
covered in Item No. 11 below.
7. The City will pay utilities and applicable premises or other
necessary insurance.
8. If the City wishes, HAEP may purchase its current inventory of
food and/or paper supplies at cost on October lst when HAEP
assumes operation.
9. At the close of operation each day, HAEP will deliver to the
City personnel in the EPCC information office for overnight
safekeeping a cash drawer containing $50 startup cash for the
following day' s concession stand operation.
2)Uq
10. HAEP has the right to set prices and to determine sele
ction of
items for sale. All pricing will be coordinated with Dave
Black.
11. Fees paid by HAEP to the City for operation of the concession
stands will be a monthly fee of $100.00 for use of equipment,
plus ten percent (10%) of gross revenue.
12. This Agreement covers the trial operation period of October 1,
1993 - March 31, 1994, and all terms will be negotiable for the
following season. HAEP has the right to terminate this
arrangement prior to March 31, 1994, upon thirty days written
notice to the City.
HOCKEY ASSOCIATION OF EDEN PRAIRIE
By: Dated: September , 1993.
APPROVED:
CITY OF EDEN PRAIRIE
By: Dated: September 1993.
September 2 , 1993
Eden Prairie Hockey Association
Eden Prairie, MN
To whom it may concern:
This is to acknowledge our conversation regarding the staffing and
operation of the Eden Prairie Community Center' s concession stand.
The Foxjet Swim Club is not interested in staffing or operating it
at this time and do not object to the Eden Prairie Hockey
Association taking on that effort.
We would appreciate knowing if the
1Z There is no getnschedule
ions
when we conduct swim meet. at pool.
for them at this time, but as dates are arranged we do inform EPCC.
Sincerely,
FOXJE SWIM CLUB
Gary Roethle
Board President.
Faxed to: 941-4148
72ob
September 8, 1993
CONCESSIONS REPORT
(Contains base figures provided by Dave Black with the following
additions: 7.65% FICA/Medicare/FUTA Employer taxes, and 6.5% sales
tax figured on cost of Merchandise for Resale figure)
REVENUE EXPENSES PROFIT % PROFIT
1992 14,415 14,038 377 2.6$
1991 13,752 11,346 2, 406 17.5%
1990 18, 007 16, 839 1, 168 6.5%
1989 26, 939 21, 462 5, 477 20.3%
1988 31, 653 25, 175 6, 478 20. 5%
5 YR.TOTAL 104,766 88,858 15, 908
j50
V1