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Home My WebLink AboutCity Council - 07/17/1990TUESDAY, JULY 17, 1990 COUNCILMEMBERS: CITY COUNCIL STAFF: AGENDA EDEN PRAIRIE CITY COUNCIL 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock and Douglas Tenpas City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Rebecca Brazys PLEDGE OF ALLEGIANCE ROLL CALL COMMENDATION TO CITY STAFF WHO PARTICIPATED IN JULY 4 CELEBRATION I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES III. CONSENT CALENDAR A. Clerk's License List B. Authorize Release of Land from Special Asessment Agreement for Extension of Dell Road through Wyndham Knoll and Hidden Glen 4th Addition C. Approve Plans and Specifications for T.H. 5 from County Road 4 to WesTiF57 City Limits I.C. 52 -133-TkesoTrition No. 90-179) D. Summary of Findings on the Proposed Flying Cloud Airport. Noise Abatement Plan (Resolution No. 90-171 Continued from JuTTI5, 990 Page 1608 Page 1609 Page 1611 Page 1612 Page 1617 E. Request from Northwest Racquet and Health Clubs, Inc. to amend the Construction Schedule in the Development Agreement F. JAMESTOWN PUD by Tandem Properties. 2nd Reading of Ordinance No. Page 1620 3-90-PUD-1-90, Rezoning from Rural and R1-22 to RM-6.5 on 12.16 acres from Rural to R1-13.5 on 17.7 acres and from Rural to R1-22 on 15.7 acres; Approval of Developer's Agreement for Jamestown PUD; Adoption of Resolution No. 90-180, Authorizing Summary of Ordinance No. 3-90-PUD-1-90 and Ordering Publication of Said Summary; and Adoption of Resolution No. No. 90-181, Site Plan Review for 17 condominium units within Jamestown PUD. Location: South of Highway 5,east of West 184th Avenue. (Ordinance No. 3-90-PUD-1-90 - Zoning and PUD District; Resolution No. 90-180 - Authorizing Summary and Publication; Resolution No. 90-181 - Site Plan Review) City Council Agenda - 2 - Tues.,July 17, 1990 IV. PUBLIC HEARINGS A. HOLTZE EXECUTIVE RESIDENCE by Holtze Brothers Development Company. ReTftiFit for Planned Unit Development District Review with waivers on 5.6 acres, Zoning District Change from Office and C-Reg to C- Reg-Ser on 5.6 acres, Site Plan Review on 5.6 acres, and Preliminary Plat of 7.2 acres into one lot and one outlot for construction of a 220 unit hotel development. Location: Southwest corner of Valley View Road and Office Ridge Circle. (Ordinance No. 23-90-PUD-10-90 - PUD District and Rezoning; Resolution No. 90-165 - Preliminary Plat) Continued from July 10, 1990 B. VILLAGE KNOLLS by Argus Development. Request for Planned Unit DiTeilW,Ment Concept Review on 42.7 acres, Planned Unit Development District Review with waiverss on 8.7 acres, Zoning District Amendment within the R1-13.5 District on 8.7 acres. Preliminary Plat of 42.7 acres into 23 single family lots, 2 outlots and road right-of-way for a residential development. Location: East of Homeward Hills Road at Silverwood Drive. (Resolution No. 90-166 - PUD Concept; Ordinance No. 21-90-PUD-9-90 - PUD District and Rezoning; Resolution No. 90-167 - Preliminary Plat) Continued from July 10, 1990 C. ANDERSON LAKES CENTER 2ND ADDITION (Eden Prairie Post Office) by William S. Reiling. Request for a Zoning District Change from Rural to Office and Site Plan Review on 5.4 acres, Preliminary Plat of 13.3 acres into 3 lots and 3 outlots for construction of a 46,598 square foot U.S. Post Office. Location: West of Highway #169, east of the Columbine Road/Garden Lane intersection. (Ordinance No. 26-90; Resolution No. 90-183) D. AMENDMENT TO THE BUILDING HEIGHT ORDINANCE (Chapter 11 of the City Code) OrdTiiance FiT71T:§0 E. REFINANCING OF MULTI-FAMILY HOUSING BONDS FOR EDEN INVESTMENTS PARTNERSHIP IN 'THE AMOUNT OF $2 700 re—(Resolution No. 90-182) V. PAYMENT OF CLAIMS VI. ORDINANCES & RESOLUTIONS VII. PETITIONS REQUESTS & COMMUNICATIONS VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS X. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Councilmembers B. Report of City Manager 1. Report on City Manager's Performance Review C. Report of City Attorney Page 1707 Page 1714 Page 1633 Page 1656 Page 1680 Page 1694 . City Council Agenda - 3 - Tues.,July 17, 1990 D. Report of Director of Planning I. Discussion on MUSA Expansion E. Report of Director of Parks Recreation & Natural Resources F. Report of Finance Director G. Report of Director of Public Works XI. NEW BUSINESS XII. ADJOURNMENT Page 1715 A COMMENDATION from the EDEN PRAIRIE CITY COUNCIL to the RECREATION STAFF The July 4 Celebration has evolved into the biggest community event sponsored by the City of Eden Prairie. In 1990, between 10 1 000 and 15,000 residents participated in a wide variety of activities which culminated in a fireworks display. This year's celebration - the largest yet - was handled flawlessly. For the creative, extremely competent, and professional effort, the Eden Prairie City Council hereby commends members of the RECREATION STAFF of the City of Eden Prairie for their smooth and responsive behind- the-scenes work in the overall planning and coordination of this community festival. Presented this 17th day of July, 1990. Mayor Gary D. Peterson on behalf of Councilmembers Richard Anderson Jean Harris Patricia Pidcock Douglas Tenpas A COMMENDATION from the EDEN PRAIRIE CITY COUNCIL to the PARK MAINTENANCE STAFF The July 4 Celebration has evolved into the biggest community event sponsored by the City of Eden Prairie. In 1990, between 10,000 and 1,5,000 residents participated in a wide variety of activities which culminated in a fireworks display. This year's celebration - the largest yet - was handled flawlessly. For the creative, extremely competent, and professional effort, the Eden Prairie City Council hereby commends members of the PARK MAINTENANCE STAFF of the City of Eden Prairie for their smooth and responsive behind- the-scenes work for a superb job of maintaining and restoring Round Lake Park before, during, and after this community festival. Presented this 17th day of July, 1990. Mayor Gary D. Peterson on behalf of Councilmembers Richard Anderson Jean Harris Patricia Pidcock Douglas Tenpas A COMMENDATION from the EDEN PRAIRIE CITY COUNCIL to the POLICE DEPARTMENT The July 4 Celebration has evolved into the biggest community event sponsored by the City of Eden Prairie. In 1990, between 10,000 and 15,000 residents participated in a wide variety of activities which culminated in a fireworks display. This year's celebration - the largest yet - was handled flawlessly. For the creative, extremely competent, and professional effort, the Eden Prairie City Council hereby commends members of the POLICE DEPARTMENT of the City of Eden Prairie for their smooth and responsive behind- the-scenes work for conrolling traffic and crowds during this community festival. Presented this 17th day of July, 1990. Mayor Gary D. Peterson on behalf of Councilmembers Richard Anderson Jean Harris Patricia Pidcock Douglas Tenpas A COMMENDATION from the EDEN PRAIRIE CITY COUNCIL to the POLICE RESERVES The July 4 Celebration has evolved into the biggest community event sponsored by the City of Eden Prairie. In 1990, between 10,000 and 15,000 residents participated in a wide variety of activities which culminated in a fireworks display. This year's celebration - the largest yet - was handled flawlessly. For the creative, extremely competent, and professional effort, the Eden Prairie City Council hereby commends members of the POLICE RESERVES of the City of Eden Prairie for their smooth and responsive behind- the-scenes work for conrolling traffic and crowds during this community festival. Presented this 17th day of July, 1990. Mayor Gary D. Peterson on behalf of Councilmembers Richard Anderson Jean Harris Patricia Pidcock Douglas Tenpas A COMMENDATION from the EDEN PRAIRIE CITY COUNCIL to the FIRE DEPARTMENT The July 4 Celebration has evolved into the biggest community event sponsored by the City of Eden Prairie. In 1990, between 10,000 and 15,000 residents participated in a wide variety of activities which culminated in a fireworks display. This year's celebration - the largest yet - was handled flawlessly. For the creative, extremely competent, and professional effort, the Eden Prairie City Council hereby commends members of the FIRE DEPARTMENT of the City of Eden Prairie for their smooth and responsive behind- the-scenes work for planning safety and being ready to respond during the fireworks performance. Presented this 17th day of July, 1990. Mayor Gary D. Peterson on behalf of Councilmembers Richard Anderson Jean Harris Patricia Pidcock Douglas Tenpas CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST July 17, 1990 CONTRACTOR (MULTI-FAMILY & COMM.) Contractors Associates, Inc. Peacock Construction Waby Homes, Inc. CONTRACTOR (1 & 2 FAMILY) Advance Comganies of MN., Inc. The Cambridge Group, Inc. Fleming Landscape, Inc. Kraemer & Sons Midwest Siding & Remodeling PLUMBING Spartan Mechanical, Inc. GAS FITTER Bowler Company, Inc. Spartan Mechanical, Inc. Tim's Quality Plumbing HEATING VENTILATING Fisher-Biork Sheetmetal Comanv, Inc. Spartan Mechanical, Inc. OR SALE LIQUOR & SUNDAY LIQUOR Chi-Chi's Mexican Restaurante UTILITY INSTALLER Moore Excavatina, Inc. These licenses have been approved by the department heads resoonsible for the licensed activity. Pat Solie Licensing /0 1 RELEASE OF LAND This Release of Land is executed by the City of Eden Prairie, a Minnesota municipal corporation ("City"), and is dated as of FACTS 1. A certain Agreement Regarding Special Assessments ("Agreement") dated Pay 6. 1986, was executed by and between the City, Joseph Doleisi and Tillie Antoinette Doleisi. Joseph Doleisi Irrev cable Trust, Derrick Land Company. pew Concept Homes. Inc.. and Shelard National Bank which Agreement was filed as Document No. 1497690 with the Registrar of Titles on July 18. 1986. The Agreement related to the property described therein as: LEGAL DESCRIPTION (Wyndham Knoll) Lot 1, Block 1, Dolejsi, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. The South Half of the Northwest Quarter of Section 6, Township 116, Range 22, except those parts platted as Lot 1, Block 1, Dolejsi Addition; Hidden Glen and Hidden Glen 2nd Addition, according to the United states Government Survey thereof and situate in Hennepin county, Minnesota. LEGAL DESCRIPTION (Hidden Glen North) The west 1618.1 feet of the north half of the northwest quarter of Section 6, Township 116, Range 22, except roads thereon. Also except the following described tract of land: commencing at a point on the north line of Section 6, Township 116, Range 22, a distance 1103 feet east of the northwest corner of said section for the point of beginning of the land to be described; thence southerly at 90 degrees with said section line a distance of 208.70; thence easterly parallel to said section line a distance of 104.35 feet; thence northerly parallel to the first described line a distance of 208.7 feet to said section line; thence west 104.35 feet to the point of beginning, also except that part platted as HIDDEN GLEN. 2. The special assessments contemplated by the Agreement have been levied and the time for appeal has expired. 3. To evidence the fact that the special assessments have been levied and the time for appeal has expired, the City is executing this Release of Land. Page -2- THEREFORE, the City of Eden Prairie, a Minnesota municipal corporation, hereby releases the Property described above from all obligations and conditions set forth in the Agreement Regarding Special Assessments dated May 6. 1986 filed with the Registrar of Titles as Document No. 5132205 on July 18. 1986. This release of Land shall not release or discharge the Property from the lien of any special assessments levied by the City pursuant to the Agreement. IN WITNESS WHEREOF, the City of Eden Prairie has executed the foregoing instrument. CITY OF EDEN PRAIRIE A Municipal Corporation By: Gary D. Peterson Its Mayor By: Carl J. Jullie Its City Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1990, by Gary D. Peterson and Carl J. Jullie, the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Lang, Pauly & Gregerson, Ltd. 230 Suburban National Bank 300 Prairie Center Drive Eden Prairie, Minnesota 55344 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 90-179 RESOLUTION APPROVING FINAL PLANS FOR STATE PROJECT 2701-34 (TRUNK HIGHWAY NO. 5 FROM COUNTY STATE AID HIGHWAY NO. 4 TO WEST CORPORATE LIMIT) WHEREAS, the Commissioner of Transportation for the State of Minnesota has prepared plans, special provisions and specifications for the improvement of Trunk Highway No. 121, renumbered as Trunk Highway No. 5, within the corporate limits of the City of Eden Prairie, from the West County Line to 500 feet West of County State Aid Highway No. 1, and seeks the approval thereof; NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL that said plans and special provisions for the improvement of said Trunk Highway within said corporate limits of the City, be and hereby are approved, as amended, subject to approval of the Cooperative Construction Agreement for said project; BE IT FURTHER RESOLVED that the City does hereby agree to prohibit the parking of all vehicles on said Trunk Highway within the corporate limits of the City. ADOPTED by the Eden Prairie City Council on July 17, 1990. Gary D. Peterson, Mayor ATTEST SEAL John D. Franc, Clerk (211 MEMORANDUM TO: Mayor and City Council FROM: Scott A. Kipp, Planner THROUGH: Chris Enger, Director of Planning DATE: July 13, 1990 SUBJECT: Flying Cloud Airport Noise Abatement Plan In response to the comments at the July 11, 1990 City Council meeting regarding noise threshold levels, the following revision has been made to Resolution No. 90-171: Item 2 has been revised to refer to established State noise threshold levels of 65 dBA daytime and 55 dBA nightime. NOISE.SAK:sg CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 90-171 SUMMARY OF FINDINGS ON THE PROPOSED FLYING CLOUD AIRPORT NOISE ABATEMENT PLAN WHEREAS, with the review of the Metropolitan Airports Commission's Flying Cloud Airport Master Plan Update, major concern was raised by the residents of this community regarding an increase in aircraft noise associated with an expanded airport and, WHEREAS, an effective noise abatement plan is essential to controlling increases in aircraft related noise and, WHEREAS, the City Council has reviewed the proposed Flying Cloud Airport Noise Abatement Plan. NOW, THEREFORE, BE IT RESOLVED the Eden Prairie City Council finds the noise abatement plan not effective for the following reasons: 1. The abatement plan relies completely on voluntary compliance with no mandatory controls. 2. No noise monitoring system is proposed to ensure compliance with established State noise threshold levels of 65 dBA daytime and 55 dBA nighttime. 3. No specific procedure to disseminate the abatement plan to transient and non-local pilots has been established. 4. A preferred runway for jet aircraft of 9R for departing/arriving flights will create increased aircraft noise on east side of airport where housing density is high. 5. A preferred runway for jet aircraft of 9R for departing/arriving flights may create an increased threat for potential bird strikes over the Flying Cloud landfill. 6. Higher pattern altitude may result in wider traffic patterns affecting additional residents. 7. Maintenance run-ups are not restricted to the south side of the airport where noise impacts would be minimal. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EDEN PRAIRIE: that the Metropolitan Airports Commission is encouraged Lo reconsider adoption of the plan in its present form. ADOPTED, by the City Council on the day of 1990. Gary D. Peterson, Mayor ATTEST: John D. Frame, City Clerk FLYING CLOUD AIRPORT NOISE ABATEMENT PLAN This noise abatement plan for the Flying Cloud Airport has been prepared in recognition of the need to make the airport and the surrounding community as environmentally compatible as possible. The plan, as set forth here, is the culmination of a cooperative effort between airport users, airport businesses, the Flying Cloud Airport Advisory Commission, City officials, Federal Aviation Administration representatives, and the Metropolitan Airports Commission. Some of the recommended procedures outlined in the plan are currently in use at the airport and have proven effective in reducing airport related noise in the surrounding community. The intent of the noise abatement plan is to direct the bulk of the traffic over the Minnesota River bottoms so as to reduce noise levels over the surrounding community. Additional procedures will improve compatibility by providing higher traffic pattern altitudes and eliminating unnecessary operations over noise sensitive areas. It should be kept in mind that this noise abatement plan is a composite of procedures by which aircraft operators are asked to comply. Certain flight conditions and aircraft operational limitations may make it unsafe to fly all or any part of these procedures. This plan does not purport to supersede any Federal Aviation Regulations, especially those concerning the rights of aircraft owners and operators or those regarding the safe operating procedures of anyone using the airport. 3/13/90 I, 1 4 (12 • , FLYING CLOUD AIRPORT NOISE ABATEMENT PLAN RUNWAY USE 1. Arrivals Runway 9R or 9L preferred. If winds, weather, or operations dictate otherwise, the order of preference will be 9R, 91., 36, 271., 27R, 18. The glide slope or VASI should be used for descent. 2. Departures Runway 9R or 9L preferred. If winds, weather, or operations dictate otherwise, the order of preference will be 9R, 9L, 18, 27L, 27R, 36. 3. Calm Winds The calm wind runway shall be 9R. 4. Jet Aircraft Jet Aircraft shall depart and arrive on Runway 9R/27L. Departing aircraft shall fly a southerly heading as soon as feasible. Training in jet aircraft in the traffic pattern is prohibited. NOTE: Practicality dictates that the same runway be used for arrivals and departures, thus the tower will use the runway or runways that have the least noise impact on the community. During hours that the tower is closed, any traffic using the airport shall follow normal procedures while keeping in mind these noise abatement requirements. TRAFFIC PATTERN 1. The traffic pattern altitude is a minimum of 1000 feet above ground level or 1900 feet mean sea level. 2. Departures on Runway 9R/27L should turn to a southerly heading after crossing the departure end of the runway and attaining an altitude of 500 feet above ground level. Whenever possible, aircraft that will remain in the pattern shall use the south parallel runway so that a turn to the south is feasible. 3. Traffic patterns are to be flown as published. Extended legs are not permitted unless required by ATC or traffic density. NOTE: Pilots are encouraged to avoid flight over residential areas as much as is practical. NIGHTTIME RESTRICTIONS 1. Nighttime operations between the hours of 2200 and 0700 local time are strongly discouraged. Minimal traffic pattern time should be exercised during these hours. MAINTENANCE RUNUPS 1. No maintenance =ups are permitted between the hours of 2000 and 0800 local time. At all other times the minimal amount of tune needed is encouraged. Extended maintenance runups are permitted only in a designated area and are dictated by ATC and runway usage. Aircraft should be on a heading of 360 degrees as much as is feasible. HELICOPTER TRAINING 1. Shall be permitted only during the hours of operation of the Air Traffic Control Tower. ATC shall dictate all procedures, keeping in mind the residential community and noise. Helicopters shall conduct training south of the parallel runways. GENERAL 1. Fixed Base Operators at the Flying Cloud Airport shall be thoroughly familiar with these noise procedures and keep their clients informed of them and any changes. 2. Flight Instructors shall be thoroughly familiar with these noise procedures and instruct all students on them. 3. All tenants are expected to keep informed on these procedures and to follow them. Tenants should be thamagbly fanuliar with their ainsaft type and how to reduce its noise levels. 3/13/90 ,) I III ARCHITECTS, LTD. 612-377-8151 2501 Wayzata Boulevard Minneapolis, Minnesota 55405 July 4, 1990 City Council of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 RE: Hiway 494/Crosstown Racquet, Swim & Health Club Dear Honorable Mayor & Council Members: On behalf of Northwest Racquet, Swim and Health Clubs, Inc., the owner - manager of Hiway 494/Crosstown Racquet, Swim & Health Club, we are requesting that you grant a one year extension to the time constraints listed in paragraph 8 of the " Supplement to the Developers Agreement " reviewed and approved by the City Council November 1, 1988 and executed by the developer October 18, 1989. The reasons for inaction on this project are multiple, but the main reason is that since Council action was taken on the "Supplement to the Developers Agreement" the remaining Richard Holasek homesteaded property has become available for sale. The negotiations and final purchasing of that parcel has been completed and the house has been removed from the property. With this turn of events, new opportunities were able to be explored as to the design and programming of the total project. We have been in contact with the City Staff since that time and are very close to finalizing a new proposal. Also, please be aware that the conveyance of 2.21 acres of land to the City of Eden Prairie also noted in paragraph 8 was completed on January 5,1989. The main elements of this new proposal would be as itemized below: 1. Paragraph 6 of the original "Developers Agreement" remains in force with this revised supplemental proposal. 2. A parking structure is not part of the proposal. 3. With the acquisition of the remaining Holasek property the developer has purchased 16.14 acres of land for this project and requests the right to use the purchased land as a basis for FAR calculations for any future development within the existing building and as a basis for BAR calculations for approaching the City with future plans for building expansion. 4. In this proposal surface parking will be developed to the south of the existing project - only. 5. The land presently conveyed to the City of Eden Prairie will be returned to the ownership of the Developer. 6. Land in excess of the acreage previously conveyed to the City will be donated to the City as parkland. 7. The developer will construct 4 tennis courts complete with fencing, nets and wind curtains. Parking for the courts will be part of the surface parking being developed on the south of the present building. 8. The City will allow site drainage to the triangle lot between Pinnacle Drive and Baker Road (Co. Rd. 61) allowing for parking lot berms and the tennis courts placement without harming trees. 9. The City will convey ownership of the 30 foot wide property that presently holds the watertower access drive, to the developer, retaining complete "right of access" to the utilities through the development of a utility easement. This action makes the properties contiguous. 10. Due to the City's deeding the watertower road property to the developer the City is requesting that the developer make the following improvements: a. The remaining water tower site perimeter be enclosed with a 6'0" high chain link fence with access gate for security and saftey reasons. b. The watertower access drive be paved with asphaltic concrete. c. The unused water services (5 or 6) on north side of Holasek Lane be abandoned at the main and the street be patched and sealcoated. With your approval of the requested time extension we feel that a resolve to these issues can be attained this September and construction would be complete next year. Alan J. K14R Archite s, Ltd. ex, HG 1488 PROPOSED PARKIN STRUCTURE ADDITJ sr; ro ENES07. PROPOSED CILUB DDITION (1468) pax:re:if !Igo \ ,---"7-7=1p-ROPOSED SITE /0) mAD9ITION (1 4115e) MAU/9' lidpog.:/ DEDICATED , !/ / NEW, LOT / VA1/ D ) . D LAND 1990 0 c.o C 3.) --_--J7_--i! A/Si *J S W -e.. : R11/1. HOLAIE)C LANE DEDICA ern (4) LAND USE KEY PER 1982 GUIDE PLAN RM MEDIUM DENSITY RESIDENTIAL CC COMMUNITY COMMERCIAL " P PUBLIC OPEN SPACE, FLOODPLAIN PARK HC HENNEPIN COUNTY Jamestown PUD CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 3-90-PUD-1-90 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 tha tthe land be removed from the Rural and R1-22 Districts and be placed in the Planned Unit Development 3-90-R1-22-R1-13.5-RM-6.5 District (hereinafter "PUD 3-90-R1-22- R1-13.5-RM-6.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of July 17, 1990, entered into . between Tandem Properties, a Minnesota general partnership, and the City of ( Alen Prairie (hereinafter "Developer's Agreement") and that certain supplement to the Developer's Agreement, dated as of July 17, 1990, entered into between Eden Prairie Highway 5 Limited Partnership, a Minnesota limited partnership, and the City of Eden Prairie (hereinafter "Supplement"). The Developer's Agreement and Supplement contain the terms and conditions of PUD 3-90-R1-22-R1-13.5-RM-6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 3-90-R1-22-R1-13.5-RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD 3-90-R1-22-R1-13.5-RM-6.5 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 3-90-R1-22-R1-13.5-RM- 6.5 are justified by the design of the development described therein. D. PUD 3-90-R1-22-R1-13.5-RM-6.5 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 lnad shall be, and hereby is removed from the Rural District and shall be included hereafter in the Planned Unit Development 3-90-R1-22-R1-13.5-RM-6.5 District, and the Ir1 egal descriptions of land in each district referred to in City Code Section '1.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of February, 1990, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17th day of July, 1990. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of , 1990. JAMESTOWN RI-13.5 The south 1300 feet of that part of the North Half of the Southwest Quarter of the Northeast Quarter and the Northwest Quarter of the Northeast Quarter, Section 18, Township 116, Range 22, lying easterly of the following described line; Commencing at the southwest corner of said North Half of the Southwest Quarter of the Northeast Quarter of Section 18; thence South 88 degrees 23 minutes 35 seconds East assumed bearing, 534.95 feet along the south line of said North Half of the Southwest Quarter of the Northeast Quarter of Section 18 to the point of beginning: thence North 17 degrees 38 minutes 07 seconds East, 125.09 feet; thence North 15 degrees 49 minutes 07 seconds West, 129.26 feet; thence North 50 degrees 46 minutes 54 seconds East, 141.50 feet; thence North 76 degrees 10 minutes 22 seconds East, 143.33 feet; thence South 58 degrees 45 minutes 39 seconds East, 76.92 feet; thence North 78 degrees 36 minutes 16 seconds East, 12.60 feet; thence North 01 degree 03 minutes 00 seconds West, 286.96 feet; thence North 22 degrees 21 minutes 14 seconds West, 51.49 feet; thence North 09 degrees 20 minutes 57 seconds West, 146.82 feet; thence North 51 degrees 04 minutes 19 seconds West, 185.50 feet; thence North 09 degrees 58 minutes 15 seconds East, 166.41 feet; thence North 28 degrees 18 minutes 13 seconds East, 214.16 feet and said line there terminates. R1-22 The south 940 feet of that pert of the North Half of the Southwest Quarter of the Northeast Quarter and the Northwest Quarter of the Northeast Quarter, Section 18, Township 116, Range 22, lying westerly of the following described line; Commencing et the southwest corner of said North Half of the Southwest Quarter of the Northeast Quarter of Section 18; thence South 88 degrees 23 minutes 35 seconds East assumed bearing, 534.95 feet along the south line of said North Half of the Southwest Quarter of the Northeast Quarter of Section 18 to the point of beginning; thence North 17 degrees 38 minutes 07 seconds East, 125.09 feet; thence North 15 degrees 49 minutes 07 seconds West, 129.26 feet; thence North 50 degrees 46 minutes 54 seconds East, 141.50 feet; thence North 76 degrees 10 minutes 22 seconds East, 143.33 feet; thence South 58 degrees 45 minutes 39 seconds East, 76.92 feet; thence North 78 degrees 36 minutes 16 seconds East, 12.60 feet; thence North 01 degree 03 minutes 00 seconds West, 286.96 feet; thence North 22 degrees 21 minutes 14 seconds West, 51.49 feet; thence North 09 degrees 20 minutes 57 seconds West, 146.82 feet; thence North 51 degrees 04 minutes 19 seconds West. 185.50 feet; thence North 09 degrees 58 minutes 15 seconds East, 166.41 feet; thence North 28 degrees 18 minutes 13 seconds East, 214.16 feet and said line there terminates. PUS CONCEPT REVIEW, PUS DISTRICT REVIEW, PRELInIdARY PLAT, E.A.W. REVIEW The North Half of the Southwest Quarter of the Northeast Quarter and the Northwest Quarter of the Northeast Quarter. Section 18. Township 116, Range 22. GUIDE PLAN (WANG( TO MEDIUM DENSITY RESIDENTIAL, SITE PLAN REVIEu, REZONING TO 04•6.5 That tart of the North Half of the Southweet Quarter of the Northeast Quarter end the NorUumet Quarter of the Northeast Quarter. Section 18, To,eship 110. 11001.0 22. lying northerly of the following deecrlbed line; Cesonencing at the Northwest corner of the said Northwest Quarter of the Northeast Quarter of Section 18; thence South, sutured bearing. •long the west line of said Northweet Quarter of the Northeast Cuorter Of Section 18. 840.05 feet to the point of beginning of the line to be described; thence North 70 degrees East, 225.01 feet; thence North 89 degrees Fast, 345.04 feet; theree South 66 degrees East, 174.16 feet; thence Wirth 34 degree. East, 142.31 feet; thence along • non -tangentlel curve, Conch., to the north. 192.34 feet, Said curve has • radius of 267.10 feet, a central wngla Of 41 degrees 15 minutes 31 seconds, • chute! of 168.01 Cent which hears South 78 degrees 22 minutes 15 teccreb F.oI thence hertli; 8 deticeue Last. tangent to the loot Curve. 131.87 feet: thence elong • tangentiol cum., concave to the south. •4.69 feet, said cumo has n radius of 38.51 fret and • central angle of 14 degrees; thence slang• tangentiel)reverme curve concave to the north. 118.24 feet, said con-e has • radius of 282.28 feet and • central angle of 21 degrees; thence North 71.degrees-East. tangent to the last curve. 11.17 feet to the east line of said Northbest Quarter of the Northeast Quarter of Section II and there terminating. Except ?Jut Fart described mu follows: net ;art wi the West 535.00 feet.ef the Northwest-Cuartae,of the Northeast Qaarter of the Section 98,2a-maids 118,. Range 22 lying north of the following described line; Commencing at the 'Northwest corner orit-salef1irorthWeit7:13.arter of the - Northeast GYarter. of- Section: 18; theme South. essused bearing along the west line-of said Northwest Quarter of ,thellortheset Quarter of Section IC 670.46 feet •to-the;e0intof beginning ef the .1ba!to be desciitiOl; thence East; 75.38 feet; ltherice, along . :tangentia.l.rpurve;poncayeAto tthe north.: 139.04 -feet,. said 'Fume -hg.1s a:radlui:of 346.25 feet end • central angle of 23-degrees; theism tilmsg.-attangenti.:1;'reverse..iune concave .tatal the south, 600.39 reeilaald.;:cuive has s-niaius• of.189736 feet -and • 'central • angle Of. 59 dcgreei.00 .siL-,,,tes 00 seicwheand tam tentinsting• SUIDE PLAN CHANGE TO NE16880101000 COMVERCIAL pert.-,Ot the ,:reit 535.00 feet" Of the Ylariltwest taarter, Of .tiu, Northeast Quareer or the Section 111..:fek00ehie 116. Ra31422%13ini north of the.yolicwing alesorlbod.lin0; wweenoms•la the SortIaost ironer of said cortlwolt 4.5mor of the Northenst, fenrU-r of gnetinn thentUt hritrieg along the went line of said Northwest Warier of the Northeast Quieter of :bet'. 111, 670.46 feet to the point of beginning nf the line to bn described; thence East. 75.36 feet: thence •Iong5 tangential curve concave to the north, 139.04 feet, said curve has a radius of 346.35 feet and • central, angle of 23 degree.; thence along • tangential, reverse curve concave to' tile south, cp?.a9„reft, said curve has s isdlus of $85.36 • feet • elv1 centre' and. of. .58 degrees 00 .mirattes, 00. Reece& and' V qjqTqx3 Jamestown PUD DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1990, by TANDEM PROPERTIES, a Minnesota general partnership, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Comprehensive Guide Plan Amendment from Low Density Residential to Neighborhood Commercial on 5.59 acres and from Low Density Residential to Medium Density Residential on 12.16 acres, Planned Unit Development Concept Review on 60.79 acres, Planned Unit Development District Review on 55.20 acres, with waivers, Site Plan Review and Zoning District Change from Rural and R1-22 to RN-6.5 on 12.16 acres, Zoning District Change from Rural to R1-13.5 on 17.7 acres and from Rural to R1-22 on 15.7 acres, and Preliminary Plat of 60.79 acres into 17 condominium units, 58 single family lots, two outlots, and road right-of-way, Environmental Assessment Worksheet Review as part of a Phased Action Environmental Assessment Worksheet, all said 60.79 acres situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached lereto and made a part hereof, and said acreage hereinafter referred to as "the Property:" NOW, THEREFORE, in consideration of the City adopting Ordinance #3-90- PUD-1-90, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall develop the Property in conformance with the materials revised and dated January 29, 1990, reviewed and approved by the City Council on February 6, 1990, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Developer acknowledges that the development of the Property is subject to the findings, conclusions, and recommendations of the Southwestern Eden Prairie Development Phasing Study, Summary Report, dated December, 1988, hereinafter "the Study." Developer acknowledges that there are capital improvements, i.e. sanitary sewer, watermain, streets, etc., required prior to development of certain lands included in the Study. Developer, therefore, agrees and acknowledges that the City, in i t s sole discretion, shall determine the capital improvements neces s a r y for development within the Study area, the timing of s u c h improvements, and the subsequent amount of land which shall b e serviced by such improvements. The Developer will be allowed t o submit and the City will consider comments regarding s u c h determinations that affect the Property. Developer shall abide b y the City's determinations that are consistent with the Study. Specific phased capital improvements and utility extensi o n s applicable to the Property, excerpted from the Study, are attac h e d hereto as Exhibit D, and made a part hereof. Developer acknowledges that, from time to time, City may determi n e that it is necessary to review and amend the contents a n d conclusions of the Study. The Developer may submit and the C i t y will consider comments regarding such determinations that affe c t the Property. Developer shall abide by the City's determination o f Study revisions that are consistent with the Study. Developer further acknowledges that capital improvements describ e d in the Study and depicted in Exhibit D, attached hereto, wi l l provide special benefits to the Property. Prior to release by t h e City of any final plat for the Property, Developer shall submit t o the City and obtain the City's approval of an executed speci a l assessment agreement for Developer's fair share of costs for su c h capital improvements which shall include the following: A. Construction of Dell Road between Highway #5 and County Road #1, including street, utility, drainage, sidewalk, trail and other related improvements. B. Construction of Scenic Heights Road between Riley Lake Road and County Road #4, including street, utility, drainage, and other related improvements. C. Construction of the detached frontage road for Highway #5 from Dell Road to Mitchell Lake with related street, utility, drainage, and other related improvements. D. Construction of sub-trunk sanitary sewer in the amount of $35,277.00 attributable to the Property. 4. Prior to release of any final plat for the Property, D e v e l o p e r agrees to submit to the City, and to obtain the City Manag e r ' s approval of a written covenant, restriction, or other documen t t o be recorded on the Property, which includes the follo w i n g provisions: A. Prior to release by City of any final plat, and prior to release by City of any permit for grading or construction on the Property, Developer agrees to accept the special assessment policy of the City which requires Developer to pay its fair share of the assessment for construction of Dell Road in Southwest Eden Prairie. B. Developer shall not, on its own behalf, nor on the behalf of other, request building permits for any more than fifty-five (55) units on the Property until such time as the City has ordered the public improvement project for the extension of Dell Road from Highway #5 to Scenic Heights Road and the public improvement project for the extension of Scenic Heights Road east to County Road #4, to service the entire Southwest Are as referred to in the Study, in item #3, above. Upon approval by the City Manager of said written covenant, restriction, or other document, Developer agrees to file said written covenant, restriction, or document on the Property at Hennepin County concurrent with filing of the final plat for the Property. Developer shall provide proof of filing of said written covenant, restriction, or document, to the City, prior to release by City of any grading permit for the Property. If, prior to release of the final plat by City, Developer is able to provide to the City Manager assurance that provisions A., and B., above, can be met, without the need for filing of a written covenant, restriction, or other document on the Property, the City Manager may, in his sole discretion, approve such assurance and waive the requirement for filing of a written covenant, restriction, or other document to cover such provisions. 5. Concurrent with, and as part of the first final plat for the Property, Developer agrees to provide to the City the following: A. A petition for the vacation of the right-of-way for West 180th Street along the east boundary of the Property. Said vacated right-of-way shall be deeded back to the appropriate land owners, as determined by City in its sole discretion. B. An easement, within Outlot A, as depicted in Exhibit B, attached hereto, for public trail purposes. The final location of said trail shall be located west of the pond within said Outlot A, in an alignment as determined by the Director of Parks, Recreation, and Natural Resources. 6. 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 that portion of the Property included within any such final plat. Said plans shall provide for the private streets and utilities within the multiple residential portion of the Property to be constructed to City standards and requirements. 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. 7. Prior to release of any final plat for the Property, Developer agrees to submit to the Director of Parks, Recreation, and Natural Resources, and to obtain the Director's approval of plans for concrete sidewalks and bituminous trails in the following locations as depicted in Exhibit B, attached hereto: A. Five-foot wide concrete sidewalks shall be located along the north side of Public Street A; along the north and east sides of Public Street C; along the north side of that portion of Public Street D located east of the intersection of Public Streets C and D; and along the west side of Public Street B. B. Eight-foot wide bituminous trails shall be located along the south side of Public Street A from the east boundary of the Property westerly along said Public Street A to the intersection of such street with Dell Road; along the eastern portion of Outlot A, located within the trail easement provided per item #5.B., above. Developer agrees to construct, or cause to be constructed, said sidewalks and trails, concurrent with street construction on the Property in accordance with the terms and conditions of Exhibit C, attached hereto. 8. Developer ackhowledges that City has approved plans, as depicted in Exhibit B, attached hereto, which allow for some tree loss on the Property due to construction. The amount of caliper inches of trees to approved for removal is 1,820 caliper inches. The amount of caliper inches of trees to be replaced on the Property is 544 caliper inches. Developer acknowledges up to 1,014 additional caliper inches of trees may be lost due to construction. Developer agrees, therefore, that any additional trees lost shall be replaced in accordance with the terms of the land alteration permit for the Property. Further, Developer acknowledges that prior to issuance of said land alteration permit, Developer shall provide to City a security for tree replacement which shall be sufficient to guarantee both actual and potential tree loss within that portion of the Property for which said land alteration permit has been issued. In addition to providing security for tree loss on the Property, Developer acknowledges that Developer is required to provide security for the landscaping improvements for the multiple residential portion of the Property as depicted in Exhibit B, attached hereto. Prior to issuance of any building permit on the Property, Developer shall submit to the City, and obtain the City's approval of a security equal to 150% of the cost of landscaping improvements equal to 465 caliper inches of trees as shown in the landscape plan depicted in said Exhibit B, in accordance with the requirements of City Code Chapter 11, Section 11.03, Subd., 3G. 9. Prior to issuance of any building permit for construction of any of the multiple residential units on the Property as depicted in Exhibit B, attached hereto, Developer agrees to submit to the Director of Planning, and to obtain the Director's approval of three different architectural elevations, including types of materials, colors, and locations of such materials on the structures. Upon approval by the Director of Planning, Developer agrees to implement, or cause to be implemented, those elevations for the multiple residential units, as approved by the Director of Planning, in accordance with the terms and conditions of Exhibit C, attached hereto. 10. Prior to issuance of any building permit for construction of any of the multiple residential units on the Property as depicted in Exhibit B, attached hereto, Developer agrees to submit to the City Attorney, and to obtain the City Attorney's approval of homeowners' association documents for the such units which provide for maintenance of the private streets and private utilities by said association, in accordance with City standards. Said documents shall also provide that in the event the private streets and the private utilities are not being maintained to City standards, City shall become responsible for such maintenance, and the owners of the multiple residential portion of the Property at that time shall accept assessments assigned by the City for such maintenance. 11. Prior to issuance of any building permit for any lot adjacent to any pond within the single family residential portions of the Property as depicted in Exhibit B, attached hereto, Developer agrees to submit to the City Engineer, and to obtain the City Engineer's approval of individual building plans which provide that the lowest floor elevation for any home on any such lot shall be located at least one (1) foot above the elevation of the overflow outlet for the 100-year storm for such pond. Upon approval by the Director of Planning, Developer agrees to construct, or cause to be constructed, those buildings on lots adjacent to any pond, as approved by the Director of Planning, in accordance with the terms and conditions of Exhibit C, attached hereto. 12. Developer acknowledges that Planned Unit Development Concept approval, only, has been granted for the proposed Neighborhood Commercial portion of the Property, as depicted in Exhibit B, attached hereto. Developer further acknowledges that prior to issuance by City of any permit for grading, development, or building on the Neighborhood Commercial portion of the Property, Developer shall be required to return to the City with complete documentation for City review which shall include, but not necessarily limited to, materials necessary for application for zoning and site plan review. Developer agrees that the buildings to be constructed within such Neighborhood Commercial portion of the Property shall be residential in architectural character and that the architecture shall be common for all buildings. Gary D. Peterson, Mayor Carl J. Jullie, City Manager Jamestown PUD OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN TANDEM PROPERTIES AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1990, by and between EDEN PRAIRIE HIGHWAY LIMITED PARTNERSHIP, a Minnesota Limited Partnership, 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 #3- 90-PUD-1-90, changing the zoning of the Property owned by Owner from the Rural and R1-22 Districts to the R1-22, R1-13.5, and RM-6.5 Districts, as more fully described in that certain Developer's Agreement entered into as of , 1990, by and between Tandem Properties, a Minnesota general partnership, and City, Owner agrees with City as follows: 1. If Tandem Properties fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owners shall not oppbse the rezoning of the Property to Rural. 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. CITY OF EDEN PRAIRIE ! nq , CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #90-180 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 413-90-PUD-1-9.0 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance #3-90-PUD-1-90 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of January, 1990; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TICE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance #3-90-PUD-1-90, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than non-pareil, or six-point type, as defined in Minnesota Statute, Section 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance #3-90-PUD-1-90 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after publication. ADOPTED by the City Council on July 17, 1990. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 3-90 -PUD-1 -90 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 south of Highway #5, east of West 184th Avenue from the Rural and R1-22 Districts to the RM-6.5 District, from Rural District to the R1-13.5 District and from the Rural District to the R1-22 District, 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 Is/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1990. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #90-181 A RESOLUTION GRANTING SITE PLAN APPROVAL FOR JAMESTOWN PUD MULTIPLE RESIDENTIAL FOR TANDEM PROPERTIES WHEREAS, Tandem Properties has applied for site plan approval of 17 condominium units on 12.16 acres within the Jamestown PUD on property located south of Highway #5, east of West 184th Avenue, to be zoned RM-6.5 by Ordinance #3-90-PUD-1-90 adopted by the City Council on July 17, 1990; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its December 11, 1989, Planning Commission meeting and recommended approval of said site plan; and, WHEREAS, the City Council has reviewed said application at a public hearing at its February 6, 1990 meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Tandem Properties for 17 condominium units within the Jamestown PUD, based on plans dated January 29, 1990, subject to the terms and conditions of that certain Developer's Agreement between Tandem Properties, a Minnesota general partnership, and the lity of Eden Prairie, dated July 17, 1990, and that certain Owner's Jupplement to Developer's Agreement between Eden Prairie Highway 5 Limited Partnership, a Minnesota limited partnership, and the City of Eden Prairie, dated July 17, 1990, for said condominiums. ADOPTED by the City Council on July 17, 1990. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk CITY OP EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #90-165 RESOLUTION APPROVING THE PRELIMINARY PLAT OF HOLTZE EXECUTIVE RESIDENCE FOR HOLTZE BROTHERS DEVELOPMENT COMPANY BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Holtze Executive Residence for Holtze Brothers Development Company, dated June 8, 1990, consisting of 7.2 acres into one lot and one outlot for construction of a 220 unit hotel development, 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 10th day of July, 1990. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk MEMO TO: Mayor and City Council FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning DATE: June 15, 1990 SUBJECT: Holtze Executive Residence Inn The Planning Commission voted to recommend approval of the Holtze Executive Residence on May 29, 1990, subject to the recommendations of the Staff Report which included a number of plan revisions to be completed prior to review by the City Council. 1. Revise the exterior elevations to meet the City Code for exterior materials. The Planning Commission did not feel that the proponents provided substantiation for the PUD waiver to allow more than 25% wood siding on the buildings. The Commission recommended that the exterior building elevations be revised to meet City Code for 75% facebrick and glass. The proponent will be requesting that the City Council consider the waiver. 2. Provide architectural elevations for the storage building yhich are compatible in terms of roof lines and exterior materials with other buildings on the site. The proponent has submitted exterior building elevations which depict compatibility of building materials and architecture with the main buildings on site. The exterior material is all wood which will require a waiver through the PUD. 3. Revise the landscaping plan, to provide a berm along Valley View Road which,screens Parking areas. Add conifers and mass phrub _plantings along Office Ridge Circle to screen parking. The grading plan has been revised to provide a berm along Valley View Road to screen views of the parking area. Some additional shrub plantings have been added along Office Ridge Circle, however, it will not be adequate enough to screen parking. The Staff Report recommends additional conifers and a triple row depth of shrub plantings in order to effectively screen parking. 4. Submit samples of exterior materials and colors for review. The proponent has provided an exterior materials board which will be available for Council review at the meeting. A white brick, white wood siding, and black shingles are proposed for Memo Holtze Executive Residence June 15, 1990 Page 2 the exterior materials. These colors are not compatible with other buildings within the PUD to the east. The use of white colors on the building would also not be consistent with the site plan ordinance which requires compatibility of colors and exterior materials with adjacent uses. Lighter colors are found extensively in warmer climates because they are cool. Since the proponent has first developed these in the Denver area perhaps this is why they have made white a first color choice. Darker colors in northern climates convey a warmer feeling especially during the winter months. 5. Provide lighting details. The proponent has supplied lighting details which depict a 20 foot high downcast cutoff luminar. This would be consistent with parking lot lighting on adjoining properties. 6. Provide sian detail for the nylon sign and wall sian. The proponent has submitted a plan for the pylon sign and the wall sign in compliance with City Code requirements. 7. gevise the site plan to show a 5 foot wide concrete sidewalk alona Office Ridge Circle, Staff's initial recommendation for a 5 foot wide sidewalk along Office Ridge Circle was based on possibility of extending an internal connection through the PUD to Market Place Drive. (No sidewalk connection was shown between the cul-de-sacs on the 1980 PUD.) The Parks Commission reviewed the requirement for the 5 foot wide concrete sidewalk and felt that since an internal private sidewalk was provided within the project to the trail on Valley View Road that the additional sidewalk would not be necessary. STAFF RECOMMENDATION The Planning Staff would recommend that the development plans be revised to meet the City Code requirements for exterior materials, revise the exterior material to reflect warmer colors compatible with adjoining land use within the PUD, and revise the landscaping plan for better screening from Office Ridge Circle. EXECVLMO.MDF:bs A cn On AT 1ON M AP STAFF REPORT The Planning Commission Michael D. Franzen, Senior Planner Chris Enger, Director of Planning May 25, 1990 Holtze Executive Residence LOCATION: Southwest corner of Valley View Road and Office Ridge Circle APPLICANT/ Holtze Brothers Development FEE OWNER: Eden Prairie Land Development Company and Condon-Naegle Realty Company REOUEST: 1. Planned Unit Development Concept Amendment on 31 acres. 2. Planned Unit Development District Review with waivers on 5.6 acres. 22: FROM: THRU: DATA: SUBJECT: 3. Zoning District Change from Office and C- Regional to C-Regional- Service on 5.6 acres. 4. Site Plan Review on 5.6 acres. 5. Preliminary Plat of 7.2 acres into 1 lot and 1 outlot fo r th e construction of a 220 unit hotel development. BACKGROUND The Comprehensive Guide Plan designates this site as Regional-Commercial. Surrounding land uses to the north, east and south are guided Regional Commercial. The land area to the west is guided Regional -Commercial. This site is part of the 31 acre Lake Ridge Off ice Park which was approved in 1980. Eoltze Executive Residence May 25, 1990 The PUD has been amended over the years to include a mixture of Office, and Industrial uses. This 5.6 acre parcel was envisioned as an office use in the original PUD. This site was zoned Office in 1985 for a three story 50,00 square foot office building. A hotel use on this site would be an appropriate land use since it is part of the Major Center Area. PLANNED UNIT DEVELOPMENT WAIVERS In order for this site to develop as proposed, waivers are requested through the Planned Unit Development District Review process. Waivers are requested for Floor Area Ratio, building height, exterior materials, and parking setback. 1. Floor Area Ratio The site plan is proposed at a .47 Floor Area Ratio. The C- Regional-Service Zoning District will allow up to a .40 Floor Area Ratio. Hampton Inn (.47 Floor Area Ratio), Brock Resident Inn (.44 Floor Area Ratio), and Marriott Courtyard (.45 Floor Area Ratio), received waivers through the Planned Unit Development District Review process. These waivers were granted predicated upon trade-offs including lower Base Area Ratios which allowed more open space between the buildings, and additional landscaping which helped reduce the visual impacts of increased building mass above code. 2. Building Height A building height waiver is requested to 46 feet. The maximum height in the C-Regional-Service Zoning District is 40 feet. Hampton Inn (45 feet), Brock Resident Inn (44 feet), and the Marriott Courtyard (46 feet), received waivers through the Planned Unit Development District Review process. Reasons for granting a PUD waiver for increased building height could be building setbacks in excess of the code from the property line, grade changes which reduce the visual height from Valley View Road, and the top 6 feet of each building is a pitched roof which is a small amount of building mass. 3. Exterior Materials The City Code requires in the Commercial and Office Zoning Districts a minimum of 75% facebrick and glass. A waiver is requested to allow 50% wood. Half of the buildings are proposed as all brick, and half of the buildings are proposed as all wood siding. Waivers were requested for all stucco on the Marriott Courtyard, all stucco on Hampton Inn, and all wood on the Brock Residence Inn. The City did not grant PUD 2 ,..e 1.n ....I Roltze Executive Residence May 25, 1990 waivers for these hotels. 4. Zero Lot Line Setback A zero lot line setback waiver from 10 feet to 0 feet is requested along the west property line. The site plan could be revised to meet the 10 foot setback requirement, however, the site plan with the waiver would result in more efficient parking and provides more open space between the buildings. BITE PLAN The site plan depicts the construction of 10 buildings totalling 220 rooms, plus a club house. The site is being developed at a Base Area Ratio of .16. The Code will allow up to a .20 Base Area Ratio. Parking required would be based on 1 car per guest room, plus 1 per employee, for a total of 228 spaces. A total of 228 spaces are shown on the site plan. Access to this site is from Office Ridge Circle and Valley View Road. A left turn lane from west bound Valley View Road must be constructed subject to Hennepin County Department of Transportation approval. The driveway entrance off Valley View Road is slightly offset between the median opening on Valley View Road. The proponent must work with Hennepin County Department of Transportation to review the geometric alignment of the driveway entrance. The 1980 PUD depicted a cross access in the southeast corner of the property. The site plan depicts a location for a future access road. (A cross access agreement and easement will also be necessary to the west of the site for access to a future parking area.) ARCHITECTURE The PUD waiver section indicated that the proponents are requesting a height waiver from 40 to 46 feet, and exterior materials waiver to permit 50% wood siding on the buildings. The Code would permit up to 25% wood. While there appears to be justification for the increase in height based upon grade changes and consistency with past approvals, there is no justification for the exterior materials waiver. The exterior elevations of the buildings should be revised to meet Code. Holtz° Executive Residence May 25, 1990 Although wood can occupy up to 25% of the building's exterior, a metal or vinyl siding would be recommended for maintenance reasons. A garage is proposed in the southeast corner of the property. No building elevations have been submitted for this structure. Exterior elevations, materials and roof lines should be consistent with the main buildings on the property. XANDOCAPING The amount of landscaping required for this project would be based upon the caliper inch requirement according to building square footage, screening of parking areas from public roads, and to mitigate the impacts of the increase in Floor Area Ratio and building height. Parking is visible from Valley View Road and Office Ridge Circle. It is possible to construct a berm at the top of the slope along Valley View Road which will block site lines into the parking area. It is not possible to screen parking with berming from Office Ridge Circle since the setback to parking is 17.5 feet. In this area, additional conifers and shrub plantings in triple rows can be added which would screen parking. The total caliper inches provided on-site is comparable to the amount provided on other hotels. The Marriott Courtyard, Brock Residence Inn, and Hampton Inn hotels provided, on average, 5.37 inches of trees for every 1,000 square feet of building. The Holtze Executive Residence provides 5.27 inches of trees for every 1,000 square feet of building. GRADING This site slopes steeply from a high point adjacent to Valley View Road to a low point in the southwest corner of the site. Up to 15 feet of fill will be necessary in order to accommodate the grading plan as proposed. Grading is proposed within the Interstate 494 right-of-way and will require MNDOT approval. UTILITIES & STORM DRAINAGE Sewer and water services are available to this site by connection to utilities which exist in Office Ridge Circle. Sewer and water lines are stubbed to the adjoining undeveloped properties. The water main is looped within the property (and all buildings will be sprinkled) for fire protection. Storm water runoff will drain through a series of storm sewer pipes and catch basins into a ponding area which is off-site. 4 Holtz. Executive Residence May 25, 1990 LIGHTING Exterior lighting is proposed within the parking lot. Lighting should be at a maximum height of 30 feet and downcast cutoff luminars. A pylon sign is proposed on Valley View Road and a building wall sign along Interstate 494 frontage. No sign details have been provided. SIDEWALKS & TRAILS There is an existing 8 foot wide bituminous trail along the south side of Valley View Road. A 5 foot wide concrete sidewalk connection is proposed from the buildings to this trail. A sidewalk should also be installed along Office Ridge Circle with connections to buildings on-site. STAFF RECOMMENDATIONS The Planning Staff would recommend approval of the request for PUD Concept Amendment on 31 acres, PUD District Review on 5.6 acres, Zoning District Change from C-Regional and Office to Commercial- Regional-Service on 5.6 acres, Site Plan Review on 5.6 acres, and a Preliminary Plat of 7.5 acres into 1 lot and 1 outlot based on plans dated May 9, 1990, subject to the recommendations of this Staff Report dated May 25, 1990, and subject to the following conditions: 1. Prior to review by the City Council, the proponent shall: a. Revise the exterior building elevations to meet the City Code for on exterior materials. Provide architectural elevations for the storage building. Architecture for the storage building shall be compatible in terms of roof lines and exterior materials with other buildings on-site. b. Revise the landscaping plan to provide a berm along Valley View Road which screens parking areas. Add conifers and mass shrub plantings along Office Ridge Circle to screen parking. c. Provide samples of exterior materials and colors for review. 5 Holtze Executive Residence May 25, 1990 d. Provide lighting details. e. Provide sign details for the pylon sign and wall sign. Both signs should meet City Code requirements. f. Revise the site plan to show a 5 foot wide concrete sidewalk along Office Ridge Circle. 2. Prior to final Plat approval, the proponent shall: a. Submit detailed storm water runoff, utility, storm drainage and erosion control plans for review by the City Engineer. b. Provide detailed storm water runoff and erosion control plans for review by the Watershed District. 3. Prior to Building Permit issuance, the proponent shall: a. Pay the appropriate cash park fee. b. Provide samples of exterior materials for review. c. Provide lighting details for review. d. Provide sign details for review. 4. Notify the City and the Watershed District at least 48 hours in advance of grading. 5. Receive approval from the Hennepin County Highway Department for construction of a left turn lane and driveway access onto Valley View Road. 6. Prior to Grading Permit issuance receive approval from the State Highway Department for grading work in 1-494 right-of-way, and approval from the Watershed District. 7. PUD waivers are granted for building height to 46 feet, Floor Area Ratio to .47 and a 0 setback to parking along the west property line. HOLTZE.MDF:mmr 6 PETER K. SECS May 8, 1990 LARKIN, HOFFMAN, DALY & LINDGREN, LTD. ATTORNEYS AT LAW 1500 NORTHWESTERN FINANCIAL CENTER 2000 PIPER JAIIRAT TOWER 7000 AVENUE SOUTH 222 SOUTH NINTH STREET SLOOMINGTON, MINNESOTA 55431 MINNEAPOLIS,MHNESOTA 55402 TELEPHONE I/3121 031 -3800 TELEPHONE 15121 338-5510 ni.cco.len ISIS) 835-5102 TELECOPIER ISIS) 335-1002 City of Eden Prairie 7600 Executive Drive Eden Prairie, Minnesota 55344 Re: Holtze Executive Village Dear Sirs: RCM, TO BLOOMINGTON $1\1 511 PI.PnNraive, DEPT MAY 0 9 1990 CITY OF EDEN PRAIRIE This letter is to introduce the Holtze Executive Village project, and will constitute the written narrative accompanying the Land Development Application for Holtze Executive Village. The proposal is to develop a 5.6-acre site at the southwest corner of Valley View Road and Office Ridge Circle (the Property) into an 11- building, 220-unit residential hotel (the Hotel). The Property is currently vacant, is zoned Office and Regional Commercial, and is located adjacent to the Bryant Lake Center Planned Unit Development. The proposal is to rezone the Property to Regional Commercial Service for the Hotel use, replat the Property into a single lot with one outlot, and to amend the Bryant Lake Center PUD to include the Property. This will provide the applicant with maximum flexibility in the design of the site and will provide the City with maximum control in its review of the Hotel proposal. The Property is designated for regional commercial uses in the City's Comprehensive Guide Plan. The Hotel is consistent with this designation. Surrounding uses are predominantly office, including Bryant Lake Center and Bryant Lake Office Tech Center to the east, and Super Valu to the north, across Valley View Road. The Hotel will be compatible with and complimentary to these uses. Traffic generated by the Hotel will be particularly complimentary to traffic generated from surrounding office uses. The proposed rezoning of the Property to Commercial Regional Service will put the Hotel in the proper zoning district, consistent with the past practice of the City to locate hotels in Regional Commercial Service districts. The Hotel will comply with all of the requirements ( and performance standards for the regional commercial service LARK IN, HOFFMAN, DALY & LINDGREN, LTD. City of Eden Prairie May 8, 1990 page 2 district, with four minor variances as noted below. It is proposed that these variances be reviewed and acted on as part of the Planned Unit Development Amendment review process, consistent with City ordinances and past practices. The remainder of this letter will respond specifically to the information items requested in Sections E and K of the Appendix to the City's land development procedures. E.1. 13Pf3 on or tne Reaues 01710£10 The proposal is to build a 220-unit residential hotel on the 5.6-acre Property. The Hotel will consist of ten separate 22 to 24-unit buildings clustered around a 5,400 square foot clubhouse. The eleven buildings which make up the Hotel are in two groupings. Four hotel buildings and the clubhouse surround the entry courtyard in a formal, "hotel" setting. These buildings are designed to serve the needs of the typical, overnight "hotel" guest. They will all have facebrick exteriors and will be connected to the clubhouse by covered, colonnaded walkways. The six remaining hotel buildings surround the entry courtyard ensemble in a more informal, residential setting. These rooms are designed to serve the needs of longer term, "residential" guests. The buildings are positioned so that each will present a slightly different facade to surrounding streets and properties, and to provide maximum ease of pedestrian access for guests and tenants from the hotel buildings to the clubhouse. The ensemble of five buildings surrounding the entry courtyard has been designed to provide an elegant entrance to the hotel from Valley View Road. The entry courtyard, clubhouse and a water feature in the interior of the Hotel site have been aligned with the entrance from Valley View Road to bring guests off of Valley View Road into the center of the Hotel complex. The clubhouse fireplace will be visible through glass doors from the drop-off point in the entry courtyard. Parking is distributed around the perimeter of the hotel buildings. Parking areas are screened from surrounding streets and properties by a combination of berms, grade changes and landscaping. City Code requirements for off-street parking are met on the property. In addition, the applicant will enter into a cross parking easement with the property owner to the west which will result in an additional 43 spaces of parking being available when the property to the west is developed. LARKIN, HOFFMAN, DALY ek LINDGREN, LTD. City of Eden Prairie lay 8, 1990 page 3 Landscaping throughout the property will be far in excess of city requirements. The landscaping is designed to screen parking areas from off-site views, to separate parking areas from the hotel buildings, to visually separate individual buildings, and to enhance the interior amenity area. Most guests will be walking between their hotel building and the clubhouse at least twice a day. For this reason, particular attention has been paid to landscaping interior areas to create a residential environmental along the interior sidewalks. The hotel buildings are positioned so that the minimum separation between any two buildings is 20 feet. However, in virtually all instances, buildings are positioned corner-to-wall, rather than wall- to-wall. This increases actual separation between Hotel units in separate buildings and, together with carefully planned landscaping between the buildings, provides for visual separation of the buildings from off-site locations. The Hotel will be 5 to 7 feet below Valley View Road and the property will slope down an additional 14 to 15 feet, generally from north to south. This sloping topography of the Property will result in a variety of roof line elevations for the individual buildings as viewed from off-site. This feature, coupled with the positioning of the buildings, will increase visual interest of the Hotel by giving the appearance of a variety of building types and heights, and will reduce the visual impact of the project from Valley View Road. The Hotel buildings are designed so that units can be rented as one or two-bedroom suites. One-bedroom suites will range in size from 600 to 650 square feet, while two-bedroom units will be 950 square feet. Amenities in each unit include gas fireplaces, full kitchens, direct- in telephone lines, cable television and others. Units will be rented for periods ranging from over-night hotel stays up to six-month leases. Longer term residents will include relocating families, executives with long-term projects in the southwest metropolitan area, etc. The maximum number of individual units will be 220 if all units are rented as one-bedroom suites. If all units are rented as two-bedroom suites, the maximum number of units would be 119. The actual number of units rented to individual guests or residents on any given night will vary between 119 and 220. Nightly rates will range from $35 to $105, with lower rates for longer stays. The clubhouse will include the Hotel lobby, a large breakfast room, an executive lounge, exercise facilities, Jacuzzi, and swimming pool. LARKIN, HOFFMAN, DALY 8c LINDGREN, LTD. ( . City of Eden Prairie May 8, 1990 Page 4 The swimming pool is located off the rear of the clubhouse such that it could be enclosed for year-round use if experience indicates there is a demand for year-round use and the costs of enclosing the pool are reasonable. Complimentary continental breakfast and hospitality gathering is provided daily to all guests and residents. The Hotel will employ a total of approximately 30 employees. The Holtze Executive Village at Eden Prairie is patterned after two very successful Holtze Executive Village hotels developed by Holtze Brothers Development Company in Aurora and Engelwood, Colorado. The hallmark of the Colorado hotels, which has been further refined and improved upon in the Eden Prairie Executive Village, is extensive and carefully designed landscaping throughout the project site with particular attention to landscaping and building positioning in and around the clubhouse and courtyard area. The Holtze Executive Village at Eden Prairie will be unique in the Twin Cities Metropolitan Area. Holtze Executive Village will be an exceptionally high quality, attractive addition to the hotel opportunities available in Eden Prairie. Because of its unique room type and the level of services offered for the price, the Holtze Executive Village will draw guests from far outside Eden Prairie; guests which would not otherwise stay or spend money in Eden Prairie. E.2. guide Plan Framework. The Property is designated for regional commercial uses in the City's Comprehensive Guide Plan. The Holtze Executive Village proposal is consistent with the Guide Plan and the Major Center Area Plan. E. 3 . Zoning Classification. The present zoning is Office and Regional Commercial. The proposed zoning is Regional Commercial Service. The proposed zoning is consistent with the City's guide plan and the Hotel, in turn, is consistent with the proposed zoning. E.4. Variances Requested. The plan submitted varies from the strict requirements of the Commercial Regional Service District in four respects: 1. Floor area ratio proposed is .47 instead of .40. 2. Maximum height proposed is 46 feet instead of 40 feet. LARK IN, ITOFFINLA/s1, DALY & LINDGREN, LTD. City of Eden Prairie Aay 8, 1990 Page 5 3. Setback for parking along the west side of the project is proposed at zero instead of 10 feet. 4. Percentage of brick or better exterior building material proposed is 50% instead of 75%. 1. Although the proposed floor area ratio is .47, the base area ratio for the Hotel is .16 (.20 allowed). The higher floor area ratio is a result of the hotel buildings being three-story structures. The .47 floor area ratio is requested because, with the three-story buildings, no additional land is necessary to locate the 11 buildings and provide sufficient parking. The buildings are positioned around and focus on the clubhouse and courtyard area. Even if additional land were added to the project, the buildings would still be clustered around the clubhouse and courtyard area to provide the desired sense of community and easy access to the clubhouse and courtyard facilities. Most guests will be walking between their building and the clubhouse/courtyard facilities at least twice a day. The buildings have been positioned so as to maximize physical and visual separation between buildings. Increased land area would not increase the separation of buildings or change the relationships of the buildings to each other either physically or visually. The Hotel buildings fit very well on the Property. Increased land area would not contribute any to project design and therefore the .47 FAR is requested. The .47 FAR requested is also consistent with what the City has allowed for similar hotel proposals and other buildings in the Major Center Area. Planning staff has identified the following five criteria for determining whether an increase in FAR is appropriate: A. Is there an overall benefit to the City? Yes. The Holtze Executive Village will be a great asset to the City. It will provide a needed service on an undeveloped property in the Major Center Area. It will attract both overnight guests and short term residents to the Major Center Area, increasing overall activity levels in the shopping and commercial hub of the City. We believe the proposed FAR variance is to the City's overall benefit because the project cannot be financed or developed without the variance. The prototype for this project, the Holtze Executive Village Hotel in Engelwood, Colorado, was developed at .55 FAR and works very well. We have reduced the FAR for the Eden Prairie project to .47 to be consistent with what the City has allowed for similar hotel proposals and other buildings in the Major Center Area. However, any further reduction in FAR would render the project economically unfeasible and undevelopable. LARK IN, HOFFMAN, DALY 6k LINDGREN, LTD. City of Eden Prairie May 8, 1990 page 6 B. Is the project better with the variance than without it? Yes. As discussed above, the 11 buildings which constitute the Holtze Executive Village must be clustered as close together as is reasonably possible to provide the desired sense of community and easy access to the clubhouse and courtyard facilities. Because guests will be walking daily between the residential building and the clubhouse/courtyard facilities, it is very important to keep the walking distance between the residential buildings and the clubhouse as short as possible, particularly in light of the Twin Cities area climate. The project is better with the variance because walking distances are kept to a minimum and the sense of community is preserved. C. Will the higher floor area ratio precipitate other variances? No. The requested FAR variance will not precipitate other variances. All setback requirements are met by the project. The three other variances requested are unrelated to the FAR. D. Will the higher floor area ratio create site plan problems? No. In fact, the site plan works much better at the FAR requested because of the need to keep the buildings close together and in close proximity to the clubhouse/courtyard facilities. The site plan provides plenty of room for berming and landscaping as necessary, and includes only two small retaining walls on a site that slopes over 20 feet from one side to the other. E. Is there sufficient landscaping to mitigate impacts of increased FAR? Yes. As discussed below, landscaping for the project far exceeds City Code requirements and more than mitigates any impacts of the increased FAR. 2. The maximum height of the Hotel buildings is 46 feet, six feet above the 40 feet provided for in the zoning code. However, the Property will be from 5 feet to 20 feet below Valley View Road. The buildings will therefore appear from Valley View Road to be substantially shorter than even 40 feet. In addition, the building roofs have a 45 degree pitch, so that the top 6' of roof represents a very small amount of building mass. The Hotel is located far away from any residential areas, in an area of commercial and office uses. Past practice of the City has been to allow higher buildings in similar areas. LARK IN, HOFFMAN. DALY 8c LINDGREN, LTD. City of Eden Prairie May 8, 1990 page 3. The property immediately to the west of the hotel site will someday be developed for office uses. Because of existing soil conditions on that property, parking for any office building will have to be located along the common property line with the Hotel. Because the parking needs for hotel and office uses peak at different times of the day, it is proposed that there be an area of shared parking for the two uses along the common property line. A cross parking easement agreement will be entered into providing for 43 spaces of shared parking on each side of the property line. To make use of the shared parking spaces more convenient, it is proposed to eliminate the normal setback area along the west property line. The hotel and office parking spaces would then "read" as a single parking facility between the two uses. This solution also makes sense from a traffic flow perspective, as access to Valley View Road from the office development to the west of the Hotel will be by easement through the northwest corner of the Hotel site. This is not an off-street parking variance. All required parking spaces are provided on site. The purpose of the variance is simply to provide extra parking for both uses and to make the extra parking as convenient as possible for users from both facilities. The green space that would otherwise occupy the ten foot setback area on the west side of the property has been distributed throughout the site. There is no increase in FAR as a result of this variance for the shared parking spaces. 4. Guests of the Holtze Executive Village will fall into one of two categories: short term, "hotel" guests who will stay from one to five nights; and longer term, "residential" guests who will be staying from several weeks up to six months or longer. Short term, "hotel" guests are accustomed to the institutional, formal appearance of a brick hotel building. For these guests Holtze Executive Village will offer the four buildings surrounding the entrance courtyard. These four buildings, and the clubhouse, will be covered entirely in facebrick. Access between the four hotel buildings surrounding the entry courtyard and the clubhouse will be by covered, colonnaded walkway. Longer term, "residential" guests will be staying in the six buildings which surround the five building entrance ensemble. The objective is to provide a more informal, residential environment for these guests who will be away from their homes for extended periods of time. The key elements in creating this residential environment include: putting all parking on the outside edges of the project, away from pedestrian areas in the interior of the project; heavily landscaping the interior, pedestrian areas of the project and the areas between buildings; creating residential type sidewalks between each LARKIN, HOFFMAN, DALY & LINDGREN, LTD. City of Eden Prairie lay 8, 1990 page 8 building and the clubhouse; and using an exterior building material which conveys the feeling of a single family residential neighborhood. The goal is to create an environment where long term guests feel that they are living in a comfortable, single family residential area from which they walk to the more formal clubhouse area, with its formal, brick buildings, to eat, socialize, exercise, etc. A key element in creating this environment is the appropriate use of building materials. For this reason, the applicant is proposing to use facebrick on the clubhouse and "hotel" guest buildings surrounding the entry courtyard; and siding on the "residential" guest buildings. This will result in 50% "brick or better" siding materials for the overall project. The applicant recognizes that variances from the 75% brick or better requirement are generally not granted by the City. However, because the creation of a residential environment for long term guests is critically important to the success of the Holtze Executive Village, we make this request for a 25% variance. The purpose of the 75% brick or better standard seems to be twofold: (1) because brick and comparable materials are more easily maintained; and (2) because brick is perceived as improving the appearance of large scale commercial projects. With respect to maintenance, Holtze Brothers Development Company and Holtze Corporation develop and manage their hotels for their own account. They do not sell their hotels, but manage them on a permanent basis. Proper operation of the hotel, including proper maintenance of all hotel facilities, is a necessary pre-requisite for the development and management entities to receive a return on their investment as developers and their management fees as operators. Proper maintenance of the hotel facilities will not be an issue. With respect to the appearance of the hotel buildings and the overall project, the applicant would submit that the nature of the project, the heavy landscaping, and the other amenities provided justify a variance from the strict requirement of the 75% brick or better materials. As discussed above, the hotel buildings themselves are not large buildings, but small, 22-24 unit buildings which have been designed specifically to have a single family residential character. It is this single family residential character which the applicant is proposing to preserve by the use of a more typical single family building material, wood siding. Furthermore, landscaping for the Hotel will exceed City requirements, as shown on the landscape plan. For example, City Code requires 364 caliper inches, or approximately 119 trees for this Property. The applicant proposes to plant 184 trees for a total of 576 caliper inches. Together with shrubbery, mulch, sod, soil and LARKIN, HOFFMAN, DALy & UNIX-MEN, LTD. 7ity of Eden Prairie _iay 8, 1990 Page 9 irrigation, the total landscaping budget for the Hotel will substantially exceed the cost of landscaping that City Code would require. The cost differential far exceeds the dollar savings as a result of the 25% variance from the brick or better standard. The variance is not being requested because of a desire to invest less money in the Hotel, but because of the desire to invest money in the Hotel as effectively as possible to create an attractive, residential setting. In addition to the landscaping, which will exceed City requirements, the Hotel will also include a number of amenities which will contribute significantly to its appearance. Project amenities include a water feature in the interior of the Hotel; a covered colonnade surrounding the entry court; patterned concrete paving on the entry court; a swimming pool (which may someday be enclosed), Jacuzzi and exercise room in the clubhouse; and benches, barbecue areas, and other activity areas scattered throughout the Hotel site. Overall, the Hotel will be extremely attractive in appearance both from the outside and the inside. The 25% variance from the brick or better standard will in no way detract from the appearance or maintenance of the project, but will contribute significantly to the :reation of a residential character in the areas of the project for longer term, residential guests. The 25% variance is more than off-set by the increased landscaping and other amenities provided throughout the Hotel site. E 5 Ezisting Land Use. Vacant. E 6 Phasing and Construction Schedule. The Hotel will be built in a single phase. It is expected that construction will take approximately 9 to 12 months. The applicant would like to start construction in July 1990. E.8. eaal Instruments. Association Documents Restrictions. The proposal is to provide two easements for access from adjoining properties through a portion of the Hotel site to public roads. In the northwest corner of the Property an access easement will be provided for the property to the west, to enable traffic from that property to exit onto Valley View Road at the main entrance to the Hotel. This is the only way that the property to the west of the Hotel would have two-way access onto Valley View Road. In the southeast corner of the Property it ( is proposed to provide an easement for access from the Property to the LARKIN, HOFFMAN, DALY & LINDGREN, LTD. City of Eden Prairie May 8, 1990 Page 10 west to Office Ridge Circle. This is consistent with a requirement in the earlier approval of the Bryant Lake Center PUD. In addition, a cross parking easement will be entered into with the owner of the property to the west, as described in Section E.4.3. above. E.9. lianaing_stx_Landlauilang_IlaiLizatjagi. The Property will consist of 242,013.7 square feet. Building coverage will be approximately 39,900 square feet. Base area coverage is .16. Building floor area is 116,600 square feet. Floor area ratio is .47. Parking provided is 228 spaces, plus 43 spaces which will be available by cross-parking easement when the property to the west is developed. E.10. ElaMA22. Signage will include a pylon sign on Valley View Road and a building sign facing Interstate 494 to the south of the project, plus necessary directional signage, all as allowed by and in compliance with City ordinances. E.11. Lighting. Lighting will be as shown on the Site Plan, all in conformance with City ordinance. E.12. Transportatiou. City staff has reviewed the transportation impacts of the Hotel and determined that the Hotel will not be inconsistent with the Major Center Area Traffic Study. E.13. Environmental Assessment. Not applicable. E.14. „ShorelandjFloodpinin. Not applicable. E.15. Airport Zones. Not applicable. E.16. ataimajtjan_al_Any_facalLyang. Not applicable. Outlot A will not be purchased by the applicant. LARKIN, fiCYFFI"CAN, DALY 6k LINDGREN, LTD. 'ity of Eden Prairie Ay 8, 1990 Page 11 E.17. Water There are no public or protected waters on the Property. Drainage will be to an existing drainage area in approximately the same volumes as existing drainage from the property. E.18. Wildlife There are no significant wildlife habitats and no trees on the Property. E.19. Soils. Soil tests have yet X0 be completed. E.20. patting Structurea. None. E.21. Steep Slope. The property has received a significant amount of fill in connection with cedway construction and prior development activities in the area, and currently has some steep slopes which are the result of these prior filling activities. There are no natural steep slopes on the property. Development of the project will require that a substantial amount of additional fill be brought onto the property. It is proposed that the bulk of this material come from Outlot A and from Minnesota Department of Transportation (MnDOT) right-of-way to the south and east of the property. Eden Prairie Land Company II, owner of Outlot A, has agreed to any necessary grading on Outlot A. Negotiations with MnDOT on the use of fill from and regrading of a portion of its right-of-way are ongoing. When these negotiations are completed a final grading plan for Outlot A and the MnDOT right-of-way areas affected will be submitted. The grading plan for the Property itself is complete and has been submitted with the other plans. The grading plan has been designed to accommodate the significant slope of the property (from north to south) with a minimum of retaining walls. Only two small retaining walls will be required, as shown on the grading plan. Because of the low base area coverage and heavy landscaping of the project, stormwater run-off will be approximately the same following development as under existing conditions. LARKIN. HOFFMAN, DALY & LI1.4113 ,OREN, City of Eden Prairie lay 8, 1990 Page 12 K.1. Ownershig Present ownership: Eden Prairie Land Company II - approximately 95 percent of land area. Condon-Naegele Realty Company - approximately 5 percent of land area. K.2. Developer. Holtze Brothers Development Company. Holtze Brothers Development Company 04 has developed two other Holtze Executive Village hotels, in Aurora and Engelwood, Colorado. These hotels have been very well received by the communities in which they are located and by the public, and are very successful. Holtze Brothers Development Company will develop the Hotel, which will then be managed by Holtze Corporation. Holtze Corporation and Holtze Brothers Development Company are family owned companies based in Denver, Colorado and Minneapolis, Minnesota, and are engaged in the business of developing and managing residence hotels. K.3. Financing. Financing for the project is not yet finalized. K.4. Development Method. The Hotel will be developed by Holtze Brothers Development Company in a single phase and managed by Holtze Corporation, which is owned by the same parties that own Holtze Brothers Development Company. K.5. Development Timing. The applicant would like to begin construction in July 1990 and complete the Hotel in a single phase within 9 to 12 months. K.6. Critical Public Decisioss. Governmental review and approvals are believed to include only watershed district approval and county approval for a curb cut onto Valley View Road. No public improvements will be necessary to serve the Hotel. K.7. Other Tnfgrmation. See above. LARKIN, FIGFFIKAa4, aux & LINDGREN, LTD. City of Eden Prairie May 8, 1990 Page 13 K.8. ELla_amadariea. See Preliminary Plat. K.9. pUD Ares The proposed Amendment of the Bryant Lake Center PUB affects 7.24 acres. K.10. MagimULLIWJAIIDBADiDa. The Property is an excellent site for a hotel because of its proximity to Interstate 494 and the Major Center Area of Eden Prairie. The project will not generate any significant impacts on any regional services or systems. K.11. Existing Land Use. Vacant. K.12. Iransportation. City staff has determined that transportation systems are adequate to accommodate the Hotel and that the Hotel will not generate any adverse impacts on transportation systems. K.13. Existing Zoning. Office and Regional Commercial. Proposed zoning is Regional Commercial Service. K.14. guide Plan. See above. K.15. analysILjandCQnaluajana . See above. K.16. phalagrutha. Not applicable. K.17. Ecological Factors There are no significant ecological features or trees on the Property. LARKIN, IIDEFNLAN, DALY & LINDGREN, LTD. lity of Eden Prairie Lay 8, 1990 Page 14 K.18. Legal Instruments. Access and parking easements as outlined above will be provided prior to final plat. K.19. Use Prnfil" See above. CONCLUSION Holtze Brothers Development Company respectfully requests that the City commence review of their request for PUD amendment review, zoning district change, preliminary plat, and site plan review. Inquiries or requests for additional information may be directed to the undersigned or to Eric Holtze at 822-1070. Very truly yours, f leter K. Beck, for LARKIN, HOFFMAN, DALY 6 LINDGREN, Ltd. kw PKB:FM4S II (Cl joD MEMO TO: Mayor and City Council FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning DATE: July 12, 1990 SUBJECT: Village Knolls Relationship to the Landfill The purpose of this memo is to provide additional information to the City Council on the relationship of the Village Knolls project to the landfill and to summarize the information supplied by Clyde Hertzman, an expert hired by the City to ascertain airborne impacts of the landfill. The landfill is located in the southwest quadrant of the intersection of Pioneer Trail and Highway #169. The landfill is approximately 72 horizontal acres of existing waste in size and 42 additional horizontal acres if expanded. The elevation of the landfill when capped would be approximately an elevation of 923. The Village Knolls project is located approximately 3,400 feet from the existing landfill and 2,400 feet from the landfill expansion. The median elevation of the Village Knolls project is about elevation _820. The attached letter from Dr. Clyde Hertzman indicates in his opinion that it would be premature to approve a new housing project in the vicinity of the Flying Cloud site until it has been decided whether or not the site would be open. If the site were to be reopened, it would be important to conduct airborne monitoring studies to ensure that the effluent from the site were not getting into the new development under worst case operating conditions. In a previous Council packet, Council was provided the testimony of Dr. Clyde Hertzman, M.D. This testimony indicates that there is evidence of contamination of soil, gas, and ground water in and around the Flying Cloud Landfill by chlorinated and non-chlorinated volatile organic compounds similar to the Upper Ottawa Street Landfill of which an expert, doctor, Clyde Hertzman, M.D., retained by the City conducted the study. Dr. Hertzman states that volatile chemicals found in the Flying Cloud Landfill site are capable of producing mood and narcotic symptoms similar to those found in the Upper Ottawa Street Landfill 1 Memo Village Knolls Relationship to the Landfill July 12, 1990 study. Evidence indicates that concentrations of volatile organics which are known to have narcotic and anesthetic properties were found at the Flying Cloud Landfill at levels at or exceeding standards for workroom air in Canada and the United States. Many of the volatile organics are "heavier than air" they will tend to travel along the ground when released. This may be a problem since the Village Knolls site is about 100 feet lower than the landfill. Data indicate the presence of hydrogen sulfide at the flare inlet. Concentrations of hydrogen sulfide in excess of 90 parts per million were found in these samples. Problems with respiratory and eye irritation have been reported with hydrogen sulfide exposures as low as 5 parts per million. In addition, industrial carcinogens, benzene and vinyl chloride were found in concentrations near or exceeding the occupational standards in some soil gas samples. Seeps in the area of the Flying Cloud Landfill contain Dichlorodifluoromethane, Dichlorofluoromethane, vinyl chloride and benzene. Vinyl chloride and benzene are known and confirmed human carcinogens. Dichlorofluoromethane also known as Freon 21 is toxic to the liver and central nervous system. Dichlorodifluoromethane is also neuro toxic as is Dischlorofluoromethane. Dr. Clyde Hertzman is of the opinion that the expansion of the Flying Cloud Landfill poses a potential threat to the health of residents similar to that experienced at the Upper Ottawa Street Landfill site. That study concluded there is a valid positive association between adults residing near a landfill and several analyzed health conditions, including: respiratory conditions, skin conditions, certain central nervous system and mood symptoms. Within the respiratory group, there is a concern with bronchitis, shortness of breath, cough, and phlegm. Within the skin condition group, there is concern with a variety of rashes and dry or itchy skin. The "narcotic" group included frequent or severe headaches; frequent dizziness or blurred vision; constant fatigue; lethargy, and drowsiness; and problems with balance, coordination, reaction time and clumsiness. The mood group included insomnia, frequent feelings of anxiety or depression, frequent feelings of irritability, frequent feelings of hyperactivity or restlessness, and learning or memory problems. There is less evidence of a positive association among adults relating to red, itchy eyes. The study also concluded that there is a valid association in connection with central nervous system, skin and mood conditions, and red, itchy eyes among children residing near a landfill. 2 Memo Village Knolls Relationship to the Landfill July 12, 1990 While the Village Knolls development is slightly further away from the Flying Cloud Landfill site than was the outermost residential area studied at the Upper Ottawa Street Landfill site, Dr. Hertzman states that it really cannot be said for certain what a safe distance might be. Dr. Hertzman states as his opinion that it would be premature to approve a new housing project in the vicinity of the Flying Cloud Landfill site until it has been decided whether the site will be reopened. STAFF RECOMMENDATION The Planning Staff would recommend, based upon this information, that the Village Knolls project be denied. VILKNLMO.MDF 3 Department of Health Care and Epidemiology Faculty ol Medicine Mather Building, 5804 i:airview Ave. Vancouver, B.C. Canada V61 I WS Telephone 11041 228-2772 Fax WO 228-4994 4 July 1990 THE UNIVERSITY OF BRITISH COLUMBIA Mr. Roger Pauly 250 Prairie Center Drive Suite 370 Eden Prairie, Minnesota 55344 USA Dear Mr. Pauly: I have reviewed the development proposals for Village Knolls as requested, and have the following comments. In many places in North America, ongoing problems with perceived health problems have arisen following siting of residential communities close to industrial facilities. The sorts of Industrial facilities raising concerns in the past have included smelters, refineries, oil tank farms, and waste disposal sites, to name a few. In thls case, I understand that the Village Knolls project will be situated approximately 800 meters from the Flying Cloud Landfill Site. As you are aware. I have reviewed the available Information on the chemical composition of the landfill and I am aware of the proposals to reopen it for landfilling. In my opinion, it would be premature to approve a new housing project in the vicinity of the Flying Cloud site until it has been decided whether or not the site will be reopened. if the site Is not reopened, there should be no problems. However, If it is reopened it would be Important to conduct some airborne monitoring studies to ensure that effluent from the site were not getting to the new development under worst case operating conditions. The Village Knolls development is slightly further away from the Flying Cloud Landfill site than was the outermost residential areas we studied at the Upper Ottawa Street Landfill Site in Hamilton, Ontario. In that case, excess health complaints were found in a diminishing gradient with increasing distance from the landfill. However, the choice of a 750 meter outer boundary for our study was arbitrary and we really cannot say for certain what a 'safe distance" might be. It would, presumably, depend upon specific characteristics related to the site: methods of disposal, chemical composition, and climatic conditions, to name a few. Thus, the course of action I am suggesting here is a prudent one. hope you will find this helpful. Clyde Holzman, MD, MSc, FRCPC Director, Division of Occupational and Environmental Health I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #90-166 A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF VILLAGE KNOLLS FOR ARGUS DEVELOPMENT WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on the Village Knolls PUD Concept by Argus Development and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and, WHEREAS, the City Council did consider the request on June 19, 1990; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. Village Knolls, by Argus Development, being in Hennepin County, 'Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans, (as revised), dated June 14, 1990. 3. That the PUD Concept meets the recommendations of the Planning Commission dated May 14, 1990. ADOPTED by the City Council of Eden Prairie this 10th day of July, 1990. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #90-167 RESOLUTION APPROVING THE PRELIM/NARY PLAT OF VILLAGE KNOLLS FOR ARGUS DEVELOPMENT BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Village Knolls for Argus Development, dated June 14, 1990, consisting of 42.7 acres into 23 single family lots, 2 outlots and road right-of-way for a residential development, 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 10th day of July, 1990. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #90-166 A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF VILLAGE KNOLLS FOR ARGUS DEVELOPMENT WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (P1M” Concept of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on the Village Knolls PUD Concept by Argus Development and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and, WHEREAS, the City Council did consider the request on June 19, 1990; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. Village Knolls, by Argus Development, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans, (as revised), dated June 14, 1990. 3. That the PUD Concept meets the recommendations of the Planning Commission dated May 14, 1990. ADOPTED by the City Council of Eden Prairie this 19th day of June, 1990. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk RES90166 MEMO 0: Mayor and City Council FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning DATE: June 15, 1990 SUBJECT: Village Knolls Project The Planning Commission recommended approval of the Village Knolls P l a n n e d Unit Development on May 29, 1990, subject to the recommendations in t h e S t a f f Report which required a number of items to be revised prior to revie w b y t h e City Council: 1. Revised the concept _Plan according to Attachment A to reduce grading i n the creek corridor. The concept and grading plan has been revised to shorten the cul-de-s a c off Homeward Hills Road and pulls grading limits further away fr o m Purgatory Creek. 2. Modify the site plan to indicate a 5 foot wide concrete sidewalk alo n g one side of the interior loop road within phase two. The site plan has been revised to depict a 5 foot wide sidewalk alo n g the west side of the interior loop road in phase two. 3. Modify the site plan to provide for a 40 foot wide outlot with t h e grading plan depicting an 8 foot wide bituminous trail from Homew a r d Hills Road to the bridge across Purgatory Creek at a grade not exceed i n g 10%. The site plan and grading plan has been revised to provide a 40 f o o t wide outlot and an 8 foot wide trail at a maximum grade of 8% betw e e n Homeward Hills Road and the bridge across Purgatory Creek. 4. Provide a tree replacement plan for 300 caliper inches: provid e a reforestation plan for the graded areas adioining Purgatory Creek a s shown on Attachment A. A tree replacement plan for 300 caliper inches and reforestation p l a n for the slopes adjacent to Purgatory Creek have been provided. 5. Modify the storm drainage Plan to either extend the storm sewer pip e t o the center line of the creek or rede_sign the storm sewer syste m t o redirect all storm drainage to Homeward Hills storm sewer system. The storm sewer system plan has been revised to redirect all st o r m drainage to Homeward Hills Road storm sewer system. VKM0615.MDF:bs fTAFF REPORT The Planning Commission FROM: Michael D. Franzen, Senior Planner THRU: Chris Enger, Director of Planning RATE: May 25, 1990 SUBJECT: Village Knolls LOCATION: East of Homeward Hills Road at Silverwood Drive APPLICANT/ ;PEE OWNER: Joe Miller Homes & Wallace Hustad REQUEST: Planned Unit Development Concept Review on 42.7 acres. 2. Planned Unit Development District Review with waivers on 8.7 acres. 3. Zoning District Amendment tj within the R1-13.5 Zoning L District on 8.7 acres. 4. Preliminary Plat of 42.7 acres into 23 single family lots and 2 outlots and road right-of-way for a single family residential development. BACKGROUND This is a continued item from the May 14, 1990 Planning Commission meeting. The Planning Commission recommended that the development plans be returned to the proponent for the following revisions: 1. Revise the site plan to comply with the Shore land Ordinance requirements. 2. Revise the site plan to eliminate encroachment within the Conservancy Area of Purgatory Creek. AREA LOCATION MAP,,' . , v. •-• s 1 /A 71 Village Knolls May 25, 1990 3. Minimize overall tree loss on-site. 4. Minimize the number of waivers requested through the PUD. SHORELAND ORDINANCE The PUD Concept plan has been revised from 69 to 68 lots. Two flag lots are proposed for Lots 16 and 17 instead of a cul-de-sac on the original proposal. A cul-de-sac has been added off Homeward Hills Road plus two lots with driveway access to Homeward Hills Road. These site plan changes allow the project to meet the minimum requirements of the Shoreland Ordinance for lot size, lot width at building setback, lot width at the high water mark, and building setback. PURGATORY CREEK CONSERVANCY AREA The previous Staff Report identified impacts in the Purgatory Creek Conservancy area. 16 of the 69 lots had building pads and grading within the Conservancy Area which resulted in alteration of the character of the Creek Corridor and loss of trees. Sheet 7 indicates the Conservancy and Shoreland Areas along Purgatory Creek. The exhibit depicts a revised Conservancy Line. The City Staff has, on occasion, recommended moving the Conservancy Line after field inspection of the proposed revision to determine what impact revision would have on the character of the creek. When it was determined that the character of the creek valley would be preserved, then the Conservancy Line was changed. The City Staff feels that the Conservancy Line could be amended for the following reasons: 1. Portions of the PUD are part of the existing Bluffs West subdivision which was approved prior to the establishment of the Conservancy Line. The PUD pulls the existing lot lines farther away from the creek, thereby minimizing encroachment on the tree line. 2. Use of flag lots on Lots 16 and 17, Block 2 in Phase 11 instead of the cul-de-sac on the previous plan pulls building pads and grading out of the Conservancy Area and preserves more trees. 3. Use of a cul-de-sac and two lots with direct driveway access to Homeward Hills Road pulls grading and house pads farther away from the Conservancy Area in the northeast corner of the property. The Conservancy Line in this area would be adjusted, however, mitigation would be required on the regraded portion where shown on Attachment A. This will Village Knolls May 25, 1990 screen views from the proposed trail within the Creek Corridor. Attachment A indicates a revised cul-de-sac and lotting plan which would result in saving more trees and less grading adjacent to the Creek Corridor. The reconfiguration of the lots would result in a variance from the Shoreland Ordinance for building width at the setback line. RE! LOSS The previous Staff Report indicated a 39% loss of significant trees within the PUD area. Changes in the grading plan allow more trees to be saved within Phase 1, and the overall tree loss has been reduced to 35%, or 614 inches out of a total of 1847 inches on- site. The majority of the trees being saved are within the Conservancy Area of Purgatory Creek outside of the lots proposed for the second phase. In addition, since house pads are farther from the Creek there is more of the understory vegetation along the steep slopes adjacent to the Creek is preserved. This provides for better slope stability, erosion control, and preserves more of the Creek character than the previous plan. PUD DISTRICT REVIEW WAIVERS The previous proposal for Phase 1 depicted 16 waivers for lot size and street frontage. The revised plan depicts 8 waivers. Lot size waivers are requested for Lots 3, 4 and 5, Block 2, and Lots 9 and 10, Block 1. Street frontage waivers are requested for Lots 6 and 7, Block 2, and for Lot 3, Block 1. The PUD waiver for Lot 3 is the result of keeping the existing house and providing a common driveway for Lots 2 and 3, which intersects opposite Silverwood Road. The waivers for lot size and street frontage would be a trade off for larger lots and greater setbacks between houses and the Creek. STORM DRAINAGE Most of the storm water runoff will drain towards an existing storm sewer system on Homeward Hills Road, however, a portion of the project in Phase 1 will drain towards Purgatory Creek. Since only Phase 1 will be developed at this time, the storm sewer plan proposes a partial pipe and overland drainage swale to Purgatory Creek. On other projects with overland drainage, there has been severe erosion problems, washouts, and loss of vegetation along Purgatory Creek due to concentrated water runoff. It is 3 Village Knolls May 25, 1990 recommended that the storm sewer pipe be extended all the way to the channel of Purgatory Creek. Another option would be to redesign the storm sewer plan for Phase 1 to drain into the existing storm sewer system on Homeward Hills Road. SIDEWALKS & TRAILS There should be a 5 foot wide concrete sidewalk constructed along one side of the loop road within Phase 11. In addition, the plan should be revised to depict the location of an 8 wide bituminous trail from Homeward Hills Road to the existing bridge crossing on Purgatory Creek. A trail must be provided within a 40 foot wide outlot and grades for the pathway should not exceed 10%. ACCESS Homeward Hills Road is a minor collector road. Intersections should be aligned directly opposite, or no closer than 150 feet offset. The site plan meets this criteria. The cul-de-sac on the north end of the project is opposite the park entrance road to Homeward Hills Park. Proposed Lots 1 and 2, Block 2 would have direct driveway access to Homeward Hills Road. Due to the volume of traffic on Homeward Hills Road, it is recommended that these lots share a common driveway with provision for turnaround on each site such that cars would not have to back directly onto Homeward Hills Road. CONCLUSION The PUD as proposed is better than the previous submission with changes in road locations and lotting patterns which result in compliance with the requirements of the Shoreland Ordinance and a reduction in the impacts on the Conservancy Area along Purgatory Creek. The amount of significant tree loss has been reduced to 35% and more of the understory vegetation along the slopes adjacent to the Creek Corridor have been preserved since grading and house pads have been pulled further away from the Creek. Where grading encroaches into the Conservancy Area in the northeast corner of the subdivision, reforestation of the regraded area (which is currently treeless) will mitigate the impacts of encroachment. Revisions to the site plan according to Attachment A can reduce the grading impacts further. The site plan must also be revised to provide a 40 foot wide outlot and the grading plan should depict no more than a 10% grade for the proposed trail connection to the bridge over Purgatory Creek. 4 Village Knolls May 25, 2990 STAFF RECOMMENDATIONS The Planning Staff would recommend approval of the request for PUD Concept on 42.7 acres, PUD District Review with waivers on 8.7 acres, Zoning District Amendment within the R1-13.5 Zoning District on 8.7 acres and Preliminary Plat of 42.7 acres into 23 lots and 2 outlots based on plans dated May 25, 1990, subject to the recommendations of Staff Report dated May 11, 1990 and May 25, 1990, and subject to the following conditions: 1. Prior to review by the City Council, the proponent shall: a. Revise the Concept plan according to Attachment A to reduce grading in the Creek Corridor. b. Modify the site plan to indicate a 5 foot wide concrete sidewalk along one side of the interior loop road within Phase 11. c. Modify the site plan to provide for a 40 foot wide outlot with a grading plan depicting an 8 foot wide bituminous trail from Homeward Hills Road to the bridge across Purgatory Creek at a grade not exceeding 10%. d. Provide a tree replacement plan for 300 caliper inches. Provide a reforestation plan for the graded areas adjoining Purgatory Creek where shown on Attachment A. e. Modify the storm drainage plan to either extend the storm sewer pipe to the center line of the Creek, or redesign the storm sewer system to redirect all storm drainage to Homeward Hills Road storm sewer system. 2. Prior to final plat approval, the proponent shall: a. Provide detailed storm water runoff, utility and erosion control plans for review by the City Engineer. b. Provide detailed storm water runoff and erosion control plans for review by the Watershed District. 3. Prior to building permit issuance, the proponent shall: a. Pay the appropriate cash park fee. b. Provide plans for review by the Fire Marshall. 5 Village Knolls May 25, 1990 4. Grading shall be limited to the area required for Phase 1 only. Stake the proposed grading limits with a construction fence. Notify the City and Watershed District at least 48 hours in advance of grading. 5. Concurrent with Phase 11 construction, construct a 5 foot wide concrete sidewalk along the interior loop road. 6. If the site plan is revised according to Attachment A, Shoreland Ordinance variances will be required when Phase 11 is subdivided for proposed Lots 4 and 5, Block 2. The Shoreland Ordinance variances for lot width at the building setback results in a better site plan with less grading adjacent to the Creek. 7. Proposed Lots 1 and 2, Block 1 shall share a common driveway. Each lot shall have a turnaround. 8. Waivers are granted through the PUD District Review for lot size on Lots 3, 4, and 5, Block 2, and Lots 9 and 10, Block 1; and street frontage for Lots 6 and 7, Block 2, and Lot 3, Block 1. 9. Waivers for flag Lots 16 and 17, Block 2 on Phase 11 will be necessary as part of a PUD District Review when Phase 11 is submitted for zoning and plat approval. VLGEKNOL.MDF:mmr 6 I lit (Me . El There are nn trees in this area.. Ihe top r ogaphy appe, incorrect, dm. to fill that has been brought in over • VkAR14il4S ROAD -.0 TRAIL Mil titut? tved,Nar Ewer) iolo wive. {1 .1!.!3 ir.i •s s teer) down the slope. Attachment A iinj '7.0nT1Irhs I . *01, • ar 01 I' 0,10. ••,9 „. • a few trs T:AREA LOCATION MAP STAFF REPORT TO: The Planning Commission fROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning DATE: May 11, 1990 SUBJECT: Village Knolls LOCATION: East of Homeward Hills Road at Silver Wood Drive APPLICANT/ FEE OWNER: Joe Miller Homes and Wallace Hustad REOUEST: 1. Planned Unit Development Concept Review on 42.7 acres. 2. Planned Unit Development District Review with waivers on 8.7 acres. 3. Zoning District Amendment with the R1-13.5 Zoning District on 8.7 acres. 4. Preliminary Plat of 42.7 acres into 23 single family lots and 2 outlots and road right-of- way for a single family residential development. Background This site is currently guided Low Density Residential and is zoned R1-13.5. Portions of this site are within the transition and conservancy areas as depicted on the 1975 Purgatory Creek and Open Space Plan. Portions of this site are impacted by the Shoreland Ordinance for lots abutting Purgatory Creek. P.U.D. Concept The P.U.D. Concept on 42.7 acres covers land from Homeward Hills Road to the centerline of Purgatory Creek. The first 1 phase of the development called Village Knolls is 23 lots immediately adjacent to Homeward Hills Road. The second phase is concept only for land development adjacent to the creek corridor. The net density of the PUP is 2.44 units per acre based on 28.3 acres. The gross density which includes the creek corridor is 1.62 units per acre. puraatorv Creek Conservancy Area Attachment A indicates the transition and conservancy areas of the 1975 Purgatory Creek Open Space Plan. Twenty-nine of the total 69 lots are within the transition area which is a "build with care" area and 16 of the 69 lots are within the conservancy area which is a "no build zone". The attached memo indicates other projects in the Lower Purgatory Creek area which have lots in the conservancy. However, no grading or building pads have been permitted within the conservancy area unless there was a trade for land area outside of the conservancy that was desirable to preserve. This occurred in the Bluestem Hills 5th Addition and the Creekview project. No trade is proposed as part of the PUD. Shoreland Ordinance Purgatory Creek is classified as a general development water. Provisions of the Shoreland Ordinance that are applicable would be a 13,500 square foot minimum lot size, 120 feet of lot width at the building setback, 120 feet at the Ordinary High Water Mark, and a 100 foot building setback. Eleven of the 14 total lots (where shown on Attachment A) within the shoreland area do not meet the minimum lot width of 120 feet or 120 foot lot width at the Ordinary High Water Mark. Shoreland setback variances are required on proposed Lots 4 and 5 which are setback a minimum of 70 feet from the creek. This is based on a 50 foot pad depth. A survey of houses built within scenic areas of the community average 70 feet in depth. This would mean that the Shoreland setback could be 50 feet from the centerline of the creek. Of the projects surveyed within the Lower Purgatory Creek area, no shoreland setback variances have been granted. Impact of Conservancy Area Encroachment and Bhoreland Variances An overall tree inventory has been submitted which depicts specific tree types and sizes for the first phase of the project, and an overall general description of tree types for the balance of the property. Attachment B indicates the environmentally sensitive portions of the site. Within the conservancy area, areas 3 and 4 are the most sensitive based upon the size, type, and quality of the trees which are predominantly oak. Area 2, contains a small 2 amount of tree cover, but is the closcst area to the creek immediately adjacent to steep slopes. The creek follows the rear lot line of Lots 4, 5, and 6 and may be a safety issue if the creek continues to erode the slopes. Area 5 is the top part of a ravine, located approximately 500 feet from the centerline of the creek. Most of the trees in this area are box elder and elm. Grading and Tree Loss There are a total of 1,847 inches of significant trees within the P.U.D. Trees in phase one total 389 inches, phase 2 totals 330 inches and 1,128 inches are within the conservancy area to the centerline of the creek. Grading will result in a 39% tree loss or 719 inches, two thirds of which are oak trees. Tree replacement would be 373 inches. Grading also removes understory vegetation along the steep slopes adjacent to Purgatory Creek. This vegetation provides slope stability, erosion control and is a significant part of the creek character, especially in areas 2, 3, and 4. Twelve of the lots in the conservancy area are proposed at 50 foot pad depths. The attached survey of building permits issued in areas adjacent to creeks, lakes, and scenic areas average 70 feet in depth. With larger pads there will be additional grading, tree loss, and encroachment to Purgatory Creek conservancy area. phase One Preliminary Plat Phase 1 depicts 23 lots on 8.6 acres at 2.64 units per acre. If this project was submitted by itself, a Comprehensive Guide Plan change would be required since the density exceeds 2 1/2 units per acre. However, the overall density of the total PUD is 2.44 units per acre. Lot sizes range from 11,200 square feet to 18,675 square feet with an average lot size of 14,031 square feet. Waivers are requested through the PUD District Review for lot sizes less than 13,500 square feet, and for street frontage less than 85 feet. Lot size waivers are requested for Lots 3-9, Block 2 and Lots 6, 9, and 10, Block 1. Street frontage waivers are required on Lots 2 and 3, Block 1 and Lots 6, 7, 11, and 12, Block 2. Utilities Sewer and water service is available by connection to existing facilities within Homeward Hills Road. Most of the storm water run-off will drain towards an existing storm sewer system in Homeward Hills Road, however, a portion of the project will drain towards Purgatory Creek. Since only phase one is proposed to be developed at this time, the storm sewer plan 3 proposes a partial pipe and overland drainage swale down to Purgatory Creek. Additional overall storm water run-off information is necessary to evaluate the proposal and the impact on natural features and the creek corridor. If the overland drainage would result in tree loss and significant erosion, then the storm sewer system should be revised to connect to Homeward Hills Road or be carried by storm sewer pipe to Purgatory Creek. Sidewalks and Trails There should be a 5 foot wide concrete sidewalk along one side of the loop road within phase one of the Village Knolls project. The second phase should include a 5 foot wide concrete sidewalk along one side of the loop road. Flood Plain This site is adjacent to a flood plain area. No grading or filling is proposed within the flood plain. Conclusions The City is being asked to consider approval of a 42.7 acre, 69 lot PUD Concept plan and phase one approval for preliminary platting of 23 lots adjacent to Purgatory Creek. The Staff Report identifies grading and tree loss impacts in the conservancy area, and Shoreland area. Tree loss is calculated at 39%. The City should decide whether the site plan with PUD waivers for lot size and street frontage, shoreland variances, and conservancy area encroachment is better than if no waivers, variances or conservancy area encroachment was considered. The developer is proposing the dedication or preservation of 12.4 acres to the centerline of the creek as a trade-off for the shoreland variances and encroachment into the Purgatory Creek Conservancy Area. Historically, the City has approved lots in the conservancy area of Purgatory Creek, predicated upon no building or grading within the conservancy area. House pads and grading have been allowed in the conservancy area if there was a land trade for area outside of the conservancy that should be preserved such as steep slopes or woods. No shoreland setback variances have been approved. If the City feels that the impacts on the creek corridor are significant, there are a number of ways in which the site plan could be modified to reduce impacts in the conservancy and shoreland areas. These would include: 1. Use of cul-de-sacs instead of a through road to minimize filling in the ravines. 2. Fewer but larger lots adjacent to Purgatory Creek. 4 3. Shift the loop road further west. This would result in larger pads outside of the conservancy area, protect more of the wooded slopes and compliance with the 100 foot shoreland setback. ptaff Recommendations If the Planning Commission is comfortable with the development plans as proposed, then one option would be to recommend approval of the PUD Concept, preliminary plat and zoning request based on plans dated May 7, 1990 subject to recommendations in the Staff Report and subject to the following conditions: 1. Prior to City Council review proponent shall: A. Modify the site plan to eliminate the shoreland setback variances, and remove building pads and grading from the conservancy area. B. Submit a tree replacement for 373 inches. C. Provide more detailed storm sewer information on overland drainage to Purgatory Creek. 2. Prior to final plat approval proponent shall: a. Submit detailed storm water run-off, utility, and erosion control plans for review by the City Engineer. b. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. 3. Prior to grading permit issuance proponent shall: a. Stake the proposed construction limits with a tree fence and notify the City 48 hours in advance of grading. 4. Current with construction of phase one construct a 5 foot wide sidewalk along the internal loop road. 5. Shoreland setback variances require review and approval by Board of Appeals and Adjustments. If the Planning Commission feels that the impacts on the site's natural features including trees, the conservancy area, and the shoreland area are significant, then one option would be to return the development plans to the proponent for revisions. VILKNOLS.MDF 5 MEMORANDUM TO: Planning Commission FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning DATE: May 11, 1990 SUBJECT: Purgatory Creek Master Plan and Residential Projects Within Shoreland Areas The Purgatory Creek Master Plan was prepared in 1975 as a guide for the City to review the development along the Purgatory Creek valley. The conservancy line was developed to define an area beyond which no development should occur. The conservancy line was drawn on a large scale and generally follows the rim of the creek valley, tree coverage, and contour lines. The purpose of the conservancy line was to establish a tentative boundary of a natural area that would be preseved along Purgatory Creek valley. Generally the City has required scenic easements or land to be dedicated on all land between the conservancy line and the creek. However, City Staff has, on occasion, recommende moving the conservancy line after field inspection of the proposed revision to determine what impact the revision might have on the character of the creek valley. If it was determined that the character of the creek valley would be preserved the conservancy line was changed. The Parks Commission has previously recommended that the Bluestem Hills 5th Addition and Creekview conservancy lines be modified. In both cases the developer proposed a land swap as a mitigating measure which gave the City control over more land along the creek than if the original conservancy line was adhered to. There have been several subdivisions approved along the lower Purgatory Creek area between County Road #1 and Riverview Road with lots platted within the conservancy; however, all building pads and grading have been outside of the conservancy. Scenic easements have been established over the concervancy area within the platted lots and the balance of the land along the creek was gifted to the City. Staff has reviewed a majority of subdivisions approved along the lower Purgatory Creek valley. The attached chart provides comparison between the subdivisions along the lower Purgatory Creek area. The following is a brief analysis of seven residential projects within Shoreland areas: yeston Bay Weston Bay is a 24 lot single family subdivision abutting Mitchell Lake. Mitchell Lake is classified as a natural environmental water 1 with a minimum lot size of 40,000 square feet, minimum width at the building line of 150 feet, minimum width at the Ordinary High Water Mark, 150 feet, and a minimum setback from the ordinary High Water Mark of 150 feet. None of the lots that abut Mitchell Lake met the requirements of the natural environmental water. The lot sizes range from 21,000 to 39,000 square feet with a 28,000 square foot average. Lake frontages range from 52 to 197 feet with a 100 foot average. All but one of the lake lots met the 150 foot setback requirement from the high water mark. This site was previously zoned for 60 townhome units. Weston Bay was approved for 24 single family lots. Variances were granted from the Shoreland Ordinance due to a reduction in density, the lot sizes proposed were comparable to existing lots in the Timber Lake residential project to the north (which was approved prior to the adoption of the Shoreland Ordinance) and all but one lot met the 150 foot setback requirement. There was a common lake access outlot which increased the average frontage and lot size which they traded away individual dock rights. - Red Rock Ranoll Red Rock Lake is classified as a recreational development water with a minimum lot size of 20,000 square feet, minimum width building setback of 120 feet, minimum width at the Ordinary High Water Mark at 120 feet, and minimum setback from the Ordinary High Water Mark of 100 feet. The Red Rock Ranch plan had 31 lots abutting the lake. The initial plan included 17 variances for width at the high -ureter mark and width at the building setback. This plan was revised based upon Planning Commission recommendation and the number of variances were reduced to two. The variances were granted since the lots on the wooded point average 44,000 square feet, the remainder of the lakeshore lots averaged 33,000 square feet and the average lakeshore width was 145 feet. This resulted in more trees saved on the wooded point, greater setbacks between houses, and less visual impact on the lake. Timber Creek Timber Creek is a mixed use residential project with 68 multiple family units and 40 single family units. Timber Creek abuts Purgatory Creek which is a general development water. Three variances were requested for lot width less than 120 feet for five single family lots and for lot size less than 10,000 square feet for one of the townhome buildings. The variances were granted due to 51 of the 89 acres being set aside for public use along the creek. Twenty-one of the 51 acres were in an oak wooded knoll that could have been developed. Creekview The Creekview residential project abutted Purgatory Creek with a net density of 1.5 units per acre. The initial plan reviewed by 2 ):1 the Planning Commission had shoreland setback variances for 20 lots. The project was revised based upon Planning Commission and City Council recommendations to meet all requirements of the Shoreland Ordinance. In addition, approximately 15 acres on Purgatory flood plain was gifted to the City. Scenic easements were required on all steep slopes adjacent to the creek. Shores of Mitchell Lake Mitchell Lake is classified as a natural environmental water with a minimum lot size of 40,000 square feet, a 150 foot building setback from the lake, and 150 feet of lot width required. Variances were granted for 10 of the 27 lots within the shoreland area. The variances were grantedfor setback to 100 feet on 5 lots and lot width to 100 on 5 lots, since the overall density within the area was in excess of one acre, the average setback was in excess of 150 feet, and the average lake frontage was 225 feet. Five acres of land adjacent to the lake which contained a significant number of 24 to 40 inch oak trees was also dedicated to the City., Summarv It appears that consideration for shoreland variances in some of the projects were based on trade-offs which resulted in a better site plan which saved more trees and topography with benefits for the City. PUROMP.MDF:bs 1,(3 - 1( 3 Minimum Creek Setback Average Creek Setback Hillsborough March 1987 16 34 2.2 3.4-acre gift 17 gift 19 300 300 Yes lop 200 Yes 15 15 Creekview Estates 25 29 ' 1.5 6-acre 1980 dedication Yes 17 0 Bluffs West 4th 14.3 19 1.3 4.3-acre May 1985 gift 120 300 200 200 Yes 13 Bluff West 1st 100 210 7 2.2 land gift Yes 350 27 200 1 Yes 300 300 1 2 Land Gift or Subdivision Acres Units Density Dedication Number of Lots in Conservancy Area Number of Lots in Transition Area Scenic Easement Over Consery .Yes 0 23 300 300 Bluffs East 5th 30 15 1.9 50-acre gift in PUD Yes 15 120 250 15 Bluestem Hills 31.6 64 2.0 gift August 1986 9.4 19.9 191 315 Creekview Bluffs W. 7th 4.6 11 2.36 A0bwAGE 42.1 _66 1.77 78 93 1.3 15-acre gift 2.42 acre dedication GIFT Addition BUILDING PAD DEPTHS ON ESTIMATED HOUSE VALUES OVER $300,000 Porch Deck If 14' Deck/Porch Lot Block Building Pad Depth Y N added, rev. pad (Source: Lot surveys of April 4-June 1, 1989) Welters 2 49' Bryant Pointe 12 1 90' 104' Welter 1 2 1 60' Oly Hills 3 3 3 88' Creekview 6 ? (L84')42' 56' Cardinal Hills 4 2 70' Bluestem 5 11 1 68' *Bryant Lake Est ? (L128')75' Cardinal Hills 12 1 48' *Red Rock Heights 4 1 75' 89' Bluffs East 5 12 1 (L96')80' 94' *Minimum building pad depth should be 70 feet. BUILDING PAD DEPTHS ON ESTIMATED HOUSE VALUES OF $200,000 - $300,000 (Source: Lot surveys of April 4-June 1, 1989) Porch Deck If 14' Deck/Porch Addition Lot Block Building Pad Depth Y N added, rev. pad Kingston 4 2 64' x 78' Kingston 3 63' Promotory a 2 46' x 60' Bluestem 5 9 1 50' *Timber Lakes 5 1 52' Starrwood 5 2 62' Shady Oak Ridge 2 2 50' Bluffs West 5 3 2 58' Starrwood 13 1 68' Bluffs West 5 4 4 65' Bluestem 5 9 2 (L75')50' Carmel 4 4 64' x 78' *Weston Bay 5 2 49' Tree Farm 2 7 52' Edenvale 10 .5 2 66' Cardinal Ridge 1 2 64' Cardinal Hills 14 3 48' x 62' Bluestem Hills 4 1 63' Starrwood 8 3 68' *Lake lot - minimum building pad depth should be 60 feet. BRYANT POINT 6-89 Building Pad Lot Block Length Depth 19 1 80' 63' 22 1 107' 55' 20 1 118' 75' 21 1 110' 76' 17 1 92'. 80' 23 1 104' - 65' 4 1 120' 76' 24 1 83' 54' 3 1 88' 90' 24 1 106' .63' 2 2 80' 56' Porch/Deck If 14' Porch/Deck Yes No added, Rev. Pad Depth 77' CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #90-183 RESOLUTION APPROVING THE PRELIMINARY PLAT OF ANDERSON LAKES 2ND ADDITION FOR THE UNITED STATES POSTAL SERVICE--EDEN PRAIRIE BRANCH BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Anderson Lakes Center 2nd Addition for the United States Postal Service, Eden Prairie Branch, dated May 24, 1990, consisting of 13.3 acres for three lots and three outlots, 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 17th day of July, 1990. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Franzen added that a neighborhood commercial use to serve residents to the north does not rely on Hwy. 5 traffic as would a pumper gas like Amoco. Franzen noted that the Jamestown neighborhood commercial with gas was located 1000 feet south of Hwy. 5. MOTION 1: Bye moved, seconded by Ruebling to continue the public hearing to the July 23, 1990 Planning Commission meeting. Dodge summarized the Commission's recommendations that the church and office use were acceptable. A neighborhood commercial gas station/convenience store would be acceptable, but a regional commercial (large restaurant and pumper gas) use would not be acceptable. The height of the spire was within appropriate limits. Parking requires better screening in order to provide better transition to the residential areas to the north. Notices of the next public hearing should be mailed out to residents across the wetland area. Motion carried 5-0-0. 9:35 D. ANDERSON LAKES CENTER 2ND ADDITION (EDEN P /RIM POST OFFICE), by William S. Reiling. Request for a Zoning District Change from Rural to Office on 5.4 acres, Preliminary Plat of 13.3 acres into three lots and 3 outlots, and Site Plan Review on 5.4 acres for a United States Post Office. Location: Northwest quadrant of Anderson Lakes Parkway and U.S. #169. A public hearing. Brian Marshall, representing the Postal Service, stated that the facility would be a full-service post office with 51 employees to begin operating. Parking would be provided for 64 employees, 30 customer vehicles and 6 government cars. Property is available if expansion would be necessary in the future; however expansion is not expected for at least 10 years. Marshall explained the site selection process. The facility is expected to be completed in March 1992. Ruebling asked if the building would fit in with the existing buildings. Marshall replied that the building would be a standard proto-type, but there would be flexibility in the brick color and the landscaping. )oTIoN 1: Ruebling moved, seconded by Norman to close the public hearing. Motion carried 5-0-0. MOTION 2: Ruebling moved, seconded by Norman to recommend to the City Council approval of the request of William S. Reiling for Zoning District Change from Rural to Office on 5.36 acres for construction of the Eden Prairie Branch of the United States Post Office, based on 1 V . plans dated May 24, 1990, subject to the recommendations of the Staff Report dated June 22, 1990. Motion carried 5-0-0. MOTION 3: Ruebling moved, seconded by Norman to recommend to the City Council approval of the request of William S. Reiling for Site Plan Review on 5.36 acres, within the Office District, for construction of the Eden Prairie Branch of the United States Post Office, based on plans dated May 24, 1990, subject to the recommendations of the Staff Report dated June 22, 1990. MOTION 4: Ruebling moved, seconded by Norman to recommend to the City Council approval of the request of William S. Reiling for Preliminary Plat of 5.36 acres into one lot for construction of the Eden Prairie Branch of the United States Post Office, based on plans dated May 24, 1990, subject to the recommendations of the Staff Report dated June 22, 1990. OLD BUSINESS Franzen reported that there was no discussion at the City Council meeting regarding the letter to Kelly Doran. Ruebling asked if any action had been taken regarding the parking on the lawn at the Rueter Facility. Franzen reported that the management of the Rueter Facility had directed the Staff to park on the lawn. He added that plans were being made to enlarge the parking area. VI. NEW BUS/NESS VII. PLANNER'S REPORT VIII. XDJOURNMENT MOTION: Norman moved, seconded by Bye to adjourn the meeting at 11:00 PM. Motion carried 5-0-0. pATE: PROJECT: APPLICANT/ rEE OWNER: LOCATION: REOUEST: tO4L PROPOSED SITE ,1714.5* 1/) STAFF REPORT 22: Planning Commission FROM: Donald R. Uram, Assistant Planner THRU: Chris Enger, Planning Director June 22, 1990 Eden Prairie Post Office William S. Reiling West of Highway #169, East of the Columbine Road and Garden Lane intersection 1. Zoning District Change from Rural to Office on 5.4 acres. 2. Site Plan Review on 5.4 acres. 3. Preliminary Plat of 13.3 acres into 3 lots and 3 outlots. packaround This site is part of Outlot B, Anderson Lakes Center reviewed and approved by the Planning Commission on May 12, 1986 and City Council on June 3, 1986. Currently, two retail buildings containing approximately 25,400 square feet are constructed on a portion of this property at the intersection of Anderson Lakes Parkway and U.S. #169. The original concept plan depicted the development of an additional 27,000 square feet of office space and approximately 14,500 square feet of retail space on the property proposed for the Post Office. The remaining portion of Outlot B depicted a total of approximately 41,600 square feet of office space. 1 AREA LOCATION imp The current proposal is to construct a United States Post Office facility initially containing 46,598 square feet with an expansion area of up to 64,537 square feet. band Use The proposed land use designated as a United States Post Office facility is considered a public land use. Public facilities and services are permitted in all zoning districts and guide plan designations. This property is currently guided for Office and zoned Rural. The proponents have requested a rezoning of the property to Office which is consistent with the Guide Plan designation. Site Plaq The site plan depicts a 46,598 square foot Post Office facility on a 5.38 acre site. An expansion area of up to 64,537 square feet is ultimately proposed. Based upon the site size and building square footage, an initial B.A.R. and F.A.R. is calculated at 19.8%. Including the expansion area, the B.A.R. and F.A.R. will increase to 27.5%. The Post Office does not anticipate any building expansion for a minimum of 10 years. In the Office Zoning District, minimum setbacks include a 35 foot front yard setback, 20 foot sideyard setbacks, and a 20 foot rear yard setback. The proposed building and parking areas meet the minimum setback requirements with the exception of parking adjacent U.S. #169. In this location, the employee parking lot is within 10 feet of the east lot line and will require a variance from the Board of Appeals. Customer access is provided along the south property line while the employee and truck access is located along the north property line. A driveway will also be provided between the shopping center to the south and the customer parking area. To provide additional service to Post Office patrons, a one way drive-through lane is provided adjacent Columbine Road. A total of 30 customer parking stalls will be provided adjacent to the retail portion of the building with an expansion area allowing for 13 more vehicles. Along the northern property line, 64 parking stalls are provided for employee parking and 6 stalls for official vehicles. In addition, the building contains an enclosed garage which includes space for 56 postal carrier vehicles. A proposed building expansion would allow for an additional 12-14 vehicles. No semi-trailer vehicle parking is proposed at this facility. Preliminary Plat The preliminary plat depicts the subdivision of Outlot B and Lots 2 1 and 3, Block 1, Anderson Lakes Center. The proposed subdivision depicts 3 lots and 3 outlots. Lot 1, containing 233,272 square feet or 5.36 acres is the location of the proposed Post Office. Outlot A, containing 142,880 or 3.2 acres would be a remnant parcel for future development. Outlots B and C will be dedicated to MNDOT for U.S. #169. Grading/Utilities This site has been previously graded with the development of the retail center to the south. Additional grading is required to prepare the site for building pad and parking areas. A fill amount of approximately 10 feet is required in the northeast corner of the site to allow for the construction of the employee lot. Fill is also required for berm construction along Columbine Road and U.S. #169. Utilities will be provided to the site through connections made to existing utilities within Columbine Road. Storm water run-off is proposed to be collected within a catch basin system and discharged into the storm sewer system within Columbine Road and also in the U.S. #169 right-of-way. A permit will be required from MNDOT in order to allow for discharge of storm water into this area. Landscaping Based upon an initial building size of 46,598 square feet, a total of 146 caliper inches of plant material is required per City Code. With an expansion of up to 64,537 square feet, a total of 202 caliper inches are required. The Postal Service has indicated that they will provide the specified type and sizes of plant material required per City Code. The following table lists the number and size of plant material required: Percent of Trees Tree Size No. of Trees Total Inches 70% 2.5" 56 140" 10% 3.0" 7 21" 10% 3.5" 6 21" 10% 4.0" 5 20" Totals 74 202" The plans shall be revised to reflect the appropriate tree sizes and numbers. Finally, to help provide screening of the employee parking area and loading facilities from U.S. #169, all evergreens along the north property line should be spaced a maximum of 15 feet apart and equally distributed between 6, 8, and 10 feet in height. 3 A 6-foot high, 1" x 6" vertical slat cedar fence approximately 3 0 0 feet in length is proposed along the south line of the empl o y e e parking area and adjacent U.S. #169 for screening purpos e s . Experience has shown that a fence constructed from 1" x 6" mater i a l requires very high maintenance. Because of this, Staff recomm e n d s that the fence be constructed out of 2" x 6" material with mas o n r y columns. Other durable materials such as concrete or metal c l a d fencing would be acceptable. In addition, Staff recommends t h a t the fence incorporate jogs and install plant material to help break up the mass and length of the fence. Revised fence details shal l be submitted prior to 2nd reading of the City Council. Architecture Due to a Post Office policy regarding the development of proj e c t sites, architectural building elevations have not been submit t e d for review by City Staff. City Code requires that architectu r a l plans will be prepared by a registered architect and include: 1. Elevations of all sides of the building. 2. Type and color of exterior building materials. In a letter dated June 11, 1990, the Post Office has agreed t o provide architectural elevations as soon as they are available (s e e Attached). They have also agreed that the building will meet t h e Code requirement for building materials which includes 7 5 % facebrick or better. Color selections should be compatible wi t h the retail shopping center to the south. Staff recommends that t h e building elevations, material samples, and colors be reviewed b y the Planning Commission and City Council prior to 2nd reading. A rendering of a Post Office similar to the one to be constructed i n Eden Prairie is included in the packet. Mechanical equipment is proposed to be ground mounted as indicat e d on the plans. Any future rooftop mechanical equipment must b e screened per City Code with materials consistent with those used o n the building. Pedestrian Systems As part of the overall pedestrian system in this area, a 5 foot concrete sidewalk has been constructed along the east sid e o f Columbine Road. The plans depict sidewalk connections provi d i n g service to the building. Sianage/Limhtinq The plans indicate building signage only. With the developmen t o f the architectural elevations, an overall signage plan shal l b e submitted for Staff review. No exterior lighting is proposed at this time. Any exte r i o r 4 lighting proposed should be consistent with the lights used in the shopping center to the south and will require Staff review. Staff Recommendations The Planning Staff recommends approval of Zoning District Change from Rural to Office on 5.4 acres, Site Plan Review on 5.4 acres, and Preliminary Plat of 13.3 acres into 3 lots and 3 outlots based upon revised plans dated June 12, 1990, based upon Staff Report dated June 22, 1990, and subject to the following conditions: 1. Prior to Council review the proponent shall: A. Revise the landscape plan to include tree sizes according to City Code. Provide a 15 foot maximum spacing between the 6, 8, and 10 foot evergreens along the north property line. The main concentration of evergreen trees should be adjacent the employee parking area. B. Provide plant material adjacent to the fence to help reduce mass and length of the fence. C. Revise the fence detail to reflect 2" x 6" material and jogs designed to accommodate plant material. 2. Prior to final plat approval proponent shall: A. Submit detail storm water run-off and erosion control plans for review by the Watershed District. B. Provide detailed storm water run-off, utility and erosion control plans for review by the City Engineer. 3. Prior to building permit issuance the proponent shall: A. Notify the City and Watershed District at least 48 hours in advance of grading. B. Provide plans for review by the Fire Marshal. 4. Prior to 2nd reading, the proponent shall submit architectural elevations, building material samples and colors for review by the Planning Commission and City Council. 5. Submit cross-access easements with the property to the north. 6. No exterior lighting is proposed at this time. If any future lighting is proposed, the plans shall be submitted for review. 7. Any rooftop mechanical equipment not ground mounted must be screened per City Code. 5 8. Apply for and receive a variance from the Board of Appeals and Adjustments for a setback less than 17 1/2 feet adjacent U.S Highway #169. Mitigation for the reduced setback will be the construction of a heavy-duty fence incorporating jogs and plant material. 9. Building expansion plans shall be submitted for review by the Planning Commission and City Council. ALCPOFF.DRU 6 UNITED STATES POSTAL SERVICE Facilities Service Office 2051 Killebrew Drive, Suite 620 Bloomington, MN 55425-1874 FS0102:RBD:BM:pja June 11, 1990 Donald R. Uram A.I.C.P Assistant Planner City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344-3677 Re: Proposed Postal Facility Eden Prairie Branch Hopkins, MN 55344-9998 Dear Mr. Uram: This is in response to your letter of June 1, 1990 wherein you have listed t h e comments and recommendations of the Development Review Committee concerning the above-referenced project. Following are responses to each of the items: - A metes and boundary discription for Lot 1 is included on the boundary survey. 2. It is the policy of the U.S. Postal Service to comply with local zoning ordinances to the extent practicable and feasible. Although the building and site plans will be submitted for city review, the Postal Service cannot pay building permit fees. 3. Architectural elevations will be submitted for review once they are available. 4. The Postal Service will provide the specified type and sizes of plant material. 5. Evergreen trees will be spaced 15 to 20 feet apart. 6. See attached details for the proposed cedar wood fence. 7. At this time there are no plans for exterior lights other than those whic h will be mounted on the building. However, if in the future it is decided exterior lights are necessary, the Postal Service will work with the city in selecting an acceptable type of light and putting them in appropriate locations. 6. Since you have informed me that the 25 feet width is not a requirement o f the zoning ordinance, the current width of 23 feet will not be changed. The site is not wide enough to allow 25 feet without taking the extra 2 feet from another place. Since there are only six parking spaces affected, we do not believe the impact will be significant. Donald R. Uram June 11, 1950 Page 2 9. All mechanical equipment will be mounted on the ground and properly screened. 10. William Meiling, the current owner of the site will submit the variance applications. 11. A cross-access agreement has already been negotiated and is part of the option to purchase. 12. Mr. Reiling has informed me that the final plat will include the required utility easements. 13. MnDot has already been contacted concerning- storm water discharge into the U.S. 169 right-of-way. 14. The issue of the final finished floor elevations will be addressed by the A/E firm which has been hired to design the facility. 15. A letter will be sent to your City Manager which explains federal supremacy and Postal Service policy in relation to state and local units of government. If you need any additional information, please contact Brian Marshall of this office at 1612)-851-1139. Enclosure ,g7---, I t'sP11\ 1401j-• j--1A...L.C4J17111c2d A:43-4tni%7 *. 17,1 (s.LSGZ:i MiONLE014211-.:Az1 Ut9--1Y-L4-4ozt214-r -.47)(47 --aleatovv- kite/ "Calve:}070 --21crlaP7 -1.3-tIrtit -alarla°7 Nt‘ZI •macti=3", c2L ciatzwn '5,47f --77V1.3=e1\ .‘"2>cil1 S.16.041 aakva.u.. ..47:5;-,- -2153-A-4F- Nsnonhars-, I FS0102:BPMarsnall:bpm June 21, 1990 UNITED STATES POSTAL SERVICE Facilities Service Office 2051 Killebrew Drive. Suite 620 Bloomington, MN 55425-1874 31102‘d AO Ain 0661 t z 1430 TiNtivrici MR. CARL JULLIE CITY MANAGER CITY OF EDEN PRAIRIE 7600 EXECUTIVE DRIVE EDEN PRAIRIE, MN 55344 RE: Proposed Postal Facility Eden Prairie Branch Hopkins, MN 55344-9998 Dear Mr. Jullie This is in response to your request for an explanation of the concept of "Federal Supremacy" as it relates to the purchase and ownership of real property by federal agencies. This is normally the kind of request that Is handled by our regional counsel's office in Chicago, IL. However, since it usually takes a considerable period of time to obtain a response from them, I will try to answer your question myself. Attached is an excerpt taken from the U.S. Postal Service's Realty Acquisition and Management Handbook RE-1, which explains policies and procedures on the acquisition and management of real property. Section 436, Zoning states the following: "The Postal Service complies with local zoning ordinances to the extent practicable and feasible; however, compliance is not legally mandated. Offerors may be assisted in their efforts to Obtain zoning changes. Rezoning or zoning variance actions may be pursued when such are determined to be in the best interests of the Postal Service to protect the residual value of its investment. Such actions are to be completed before purchase." In accordance with the foregoing guidelines, the Postal Service does not initiate zoning actions itself, and will not be responsible for payment of fees for zoning actions or building permits. Furthermore, the Postal Service is exempt from real estate taxes and special assessments. If you require the specific legal authority for these policies, a formal request will have to be made to our regional counsel. Please let me know if this will be needed. IAN MARSHALL Real Estate Specialist Twin Cities FSO 432.5 Realty Acquisition and Management which a preferred area is further identified. If no suitable sites are located within the preferred area, sites offered within the larger area of consideration may be pursued without further advertising. Sites fronting streets forming the boundaries of a preferred area or area of consideration are considered a part of those areas. Areas of consideration must be coordi- nated with the appropriate planning or requesting office. 432.5 Site Size and Range of Site Sizes The solicitation may identify the specific size re- quirement or a range of potentially acceptable sizes. If a range is used, the minimum acceptable size must be identified. 433 Publicity Procedures. 433.1 General To publicize the solicitation for sites: a. Prepare and furnish pertinent information to the appropriate marketing and communications of- fice on Form 7418, Real Estate Public Information Report. b. Have the postmaster post a copy of Form 7410-A, Advertisement for Sites (DOS), on the bulletin board in the post office in the immediate locality of the proposed facility and in other post offices in the area. c. Send Form 7410-A, Advertisement for Sites (DOS), to interested parties and to the lessor of the existing postal facility. d Advertise in the local media, preferably in the newspaper with the largest circulation within the proposed geographic area so that the entire commu- nity has an opportunity to respond. Try to obtain free publicity through public service announcements and newspaper articles. 433.2 Generating Offers available property, whether or not offered in re- sponse to the solicitation. 434 Use of Brokers, 434.1 Owner's Authorization In general, deal directly with property owners and direct initial inquiries about properties to them. When property owners refer inquiries to their exclu- sive agents or brokers, honor such requests. In these cases, obtain from the owner written evidence authorizing such exclusive right to offer the prop- erty. 434.2 Payment of Broker's Commission Any agreement between an owner and a broker requiring payment of a commission must be the owner's sole expense, not that of the Postal Service (either directly or , through an addition to the acquisition price of the property). Contracts that require the Postal Service to pay a portion of the sales price to a broker are prohibited. 434.3 Advance Information to Brokers Use discretion in the facility planning process to ensure that brokers do not seize the opportunity to list or encumber potential properties, thus collecting commissions from the property owner on transac- tions that could have been conducted directly with the owner. Postal employees and contractors are to exercise caution to ensure that no broker receives an advantage over other brokers. 435 Confidentiality of Offers Do not open offers in public. Do not make informa- tion available to anyone whose official duties do not require knowledge about the number of offers received, the identity of offerors, the properties offered, or the cost of properties. Once the solicitation is in the local newspaper, visit the preferred area to search for sites and to distribute copies of the solic:tation to local landowners in order 436 Zoning• to generate offers. Also, personal contacts with local public officials may be made at this time. The search The Postal Service complies with local zoning for properties is not limited to responses to the ordinances to the extent practicable and feasible; solicitation. Once the solicitation period closes, the however, compliance is not legally mandated. Offer- real estate representative should canvass the pre- ors may be assisted in their efforts to obtain zoning ferred area to ensure identification of the best changes. Rezoning or zoning variance actions may FIE-1, TL-10. 6-1-811 'Really Acquisition and Management 438.21 be pursued when such are determined to be in the best interests of the Postal Service to protect the residual value of its investment. Such actions are to be completed before purchase. 437 Relocation Assistance, 437.1 General When tenants are located on the selected site, they may be entitled to relocation assistance. Advise offerors that, at the appropriate time, tenants will be contacted by Postal Service representatives and advised of any relocation benefits. 437.2 Commercial and Industrial Properties Most acquisitions involving existing commercial or industrial buildings with ongoing operations will require a determination of what fixtures and equip- ment are personal property and which are part of the real property. A fixture and equipment appraiser should be hired to prepare an inventory and classifi- cation schedule for each item of fixtures and equip- ment located on the property. In the case of tenants, the schedule should indicate whether the property was installed by the tenant or the fee owner. When the property is appraised by the real estate appraiser, the fixtures and equipment that are part of the realty are included in the appraiser's estimate of market value. A copy of the classification should be incorpo- rated into Form 7432, Offer to Sell Real Property (DGS), or other appropriate sales contract. 438 Improvements on Site 438.1 Offerors Reserving Improvements .11 Buildings Having Salvage Value. When the owner requests reservation of buildings and improvements with salvage value that are not needed for the postal project, the consideration to the Postal Service should reflect the appraised salvage value of the reserved buildings and improvements. This amount is deducted from the negotiated purchase price before acceptance of the sales contract. Similar arrangements may be made for owners to harvest crops, cut wood, or use the property for other interim purposes. .12 Buildings with Nominal Value. When the owner requests reservation of buildings and improvements that have nominal value and are not needed for the project, insert the following clause DGS Clause OB-921, Owner reservation of nominal value of buildings and improvements in the sales contract: Excepting and reserving to the vendor the right to remove the following improvements: on or before The vendor is responsible for all damage resulting from the removal of the specified improvements and shall hold the Postal Service harmless from any claims for damage to property or injuries to persons which may arise from, or be incident to, the removal of the specified improvements. In the event that said buildings and improve- ments are not completely removed by said date, the right of removal shall terminate automati- cally and the Postal Service shall have a good and indefeasible title to said buildings or improvements which remain, without notice to the vendor. These clauses shall survive the closing and remain in effect after the above date, or other date subsequently agreed to between the par- ties. 438.2 Tenant-Owned Improvements .21 Acquisition of Improvements from Tenants. When acquiring any interest in real property, the Postal Service must acquire at least an equal interest in all buildings, structures, or other improvements located upon the real property. This must include any improvement of a tenant owner who has the right or obligation to remove the improvement at the expiration of the lease term. In general, the Postal Service deals exclusively with the fee owner for the acquisition of all real property interests at the site. In exceptional cases, the Postal Service may deal directly with a tenant on a leasehold improvement matter. In such cases where eminent domain is neither threatened nor exercised, compensate the tenant for real property improve- ments unless the tenant has formally disclaimed further rights in the improvement beyond expiration of the tenancy. The tenant is entitled to compensa- tion in cases involving the use or threat of eminent domain. RE-1, 11•10, 6-1-88 MEMO TO: CITY COUNCIL FROM: Jean Johnson, Zoning Administrator THROUGH: Chris Enger, Director of Planning DATE: July 10, 1990 RE: Code Amendment to change "Building Heights" definition and the maximum allowed height in residential districts. (RU, R1-44, R1-22, R1-13.5, R1-9.5, RM-6.5) Present City Code allows a maximum height of 30 feet for a residential building. This regulation dates back to 1969. The present Code definition reads as follows: 8. "Building Heights" - A distance to be measured from the mean curb level along the front lot line or from the mean ground level for all of that portion of the structure having frontage on a public right-of-way, to a point on , the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch-type roof, or to the mean distance of the highest gable on a pitched or hip roof. Measurement of this height cannot effectively be used in all situations. Problems occur when the house pad is significantly higher or lower than the curb level or mean ground level. Because of this problem the Uniform Building Code regulations have sometimes been administered. The Uniform Building Code allows a 40 foot maximum height for single family structures. Over the past 5+ years house construction has changed from the 1960 and 1970 styles. Some of those changes are outlined in the following chart: Basement Course Inside Ceiling Height Floor Levels Roof Pitch Depth of Home* 1960's & 1970's 10-11 courses 8' 1-3 levels 4/12 40' present 12-14 courses 8 - 11' 1-5 levels 8/12 - 12/12 70+, *Deeper homes in conjunction with steep roof pitches produce homes 33-38 feet in height. If 2 or more of these construction techniques are used, a 2 story house can quickly exceed 30 feet in height. Building Height Memo May 18, 1990 Page 2 Staff has done random checking of single family home height in 15 neighborhoods, and found heights between 18 and 38 feet. A new zoning regulation on height definition and height maximum consistent with the Uniform Building Code, will coordinate regulations between building and zoning code. We do not believe house construction techniques will change back, therefore, we have prepared a draft ordinance for the Commission's review and possible referral to the City Council. BLUGHTS.JJ:bs CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 18-90 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11, BY (1) AMENDING THE DEFINITION OF "BUILDING HEIGHTS" IN SECTION 11.02, 8., (2) AMENDING SECTION 11.03, SUBD. 2. B NUMBERING THE TABLES AND INCREASING THE MAXIMUM BUILDING HEIGHT OF MAIN STRUCTURES ALLOWED IN RESIDENTIAL DISTRICTS, AND (3) ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS: THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Section 11.02, 8 is hereby amended to read as follows: B. "Building Heights" - Is the vertical distance above a reference datum measured to the highest point of the coping of the highest flat roof or to the deck line of the highest mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building: (a) The.elevation of the highest adjoining sidewalk or ground surface within a 5 foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above lowest grade. (b) An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in (a) above is more than 10 feet above lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building. Section 2. City Code Section 11.03 is amended to read as follows: B. The following criteria shall apply to all Districts: RESIDWZTIAL DISTRICTS MINIMUM LOT SIZE MINIMUM TamD/SZTamMt Site Area per Dwelling Unit Sq.rt. or Acres Group Usable Open Space Per Dwelling Unit sa.rt. Max. Floor Area Ratio 3FAR) Nax. aldg• Ht. of Main S'aUT-tore Ft- Area so.rt. or Acres - Width Ti. Depth Ft. Front Pt. One Side Ft. .' Both Sides Ft. Sear , Ft. RURAL 20 AC 300 300 50 50 .150 50 10;,C NA N/A 40 R1-44 44,000 100 150 30 15 30 30 44,000 Park Ded. N/A 40 81-12 22,000 90 125 30 25 30 25 22,000 Park Dmd. N/A 40 51-13.5 13.500 ES * 100 30 10 25 20 13,500 Park Ded. 0/P. 40 51-9.5 9,500 70 * 100 30 (See Item 6 Ag.288) (See Item 6, Mg.208) 20 9,500 Park Dtd. .15-1 Story .25- Multi Story 40 NM-6.5 13,000 90 and 90 mini- sus front-. *95 011 a street N.O.W. 100 30 10 25 20 6,500 Park Ded. plus 1000 sq. ft./ Unit • 0.2-1 Story 0.4- Multi Story 40 Rh 2.5 23,000 150 - 150 35 . 25 .. 50 30 2,500 Park Dea. plus 600 sq. ft./ Unit 0.3-1 Story 0.5- Multi Story 45 to. ,... 0 • SOLjrCe Qrdinanoe No. 9-87, Also see #4-5 on p. 288 Effective Date: 5-6-87 RESIDENTIAL DISTRICTS . Max. Bt. ACCESSORY Min. Distance to Side Lot Line STRUCTURE Distance to Rear Lot Line Off- Street Landing Screening and Landscaping WAAL 30 30 30 N/A N/A A1-44 15 10 10 N/k N/A R1-22 15 10 10 N/A N/A R1-13.5 15 10 10 N/A N/A 01-9.5 15 5 5 N/A N/A NN-6.5 15 10 10 N/A YeS NM 2.5 15 10 10 Yes Yes Sit. net per Unit Sq. rt. Of Acres A4o. Flout Atee P.. Width Depth Itelel rt. melminion V0f Site Dille./ C. 31 I.J..trialt DIsts Sell Maximum Rase Arca Ratio (DAR) 0. 1 Dell% 'cent Sad, 1.4.1 1 mt., rt. ft. IL. rt. hIntruA VAPO-SCTVACP O.2-1 Stoll 0.4- ,1.441 E14-et 30 . 0.2 40 tO Dwelling lilt fee. 1411144 •1 7 pc 2011 1 lin 35 .4 S AC 300 I 300 33 30 40 10 Swelling 1 0.14 het Vol.' Seer, Am., 0.4• +NM 10 0.3 O.i.1 Steep 0.1 - Awiti 34.480/ lett I1st 3s In ISti 110 Dwelling Pet fee. Ore C-4.7 311.000 1 100 I um 22 00 40 10 Dwelling Out Pee. pitted 00 1 log 20 120 40 10 Dwelling 0.2.1 eat Pet. Story mitted 0.4- n4141 i Stoat, *6 Ex ept as pToyided within a commerclal bulldIng C.WC-Sra I 10.000 0.2 1w5tWrila—ErFclinaneriorr.:1-711- Effective Date: 5-6-87 10 P.U.Dc-ioithin a so • l 0.3-1 Stair CO - Malt' ti 0.3 Table 4 § 11.03 * Source: Ordinance Mo. 9-87 . (9-17 -82) Effective Date: S-6-87 • Min. Dist. emelt to Side Lot Line Min. Dist. once to Rear Lot Line Win. Zone Aces (Acres) off- Street Loading Screen. Land- scaping Hag. Total Area (sq.n..) Floor Hag. Area Zone Primary Area Use fAcgegi gsq.rto Office/ Commercial/ Indastrial/ Maw. Districts height C-COM C-IIWY IS 20 10 Yes Yes 40 20 10 Yes Yes 5 20 . 30 40 30 Yes Yes 40 N/A N/A N/A N/A N/A 110 N/A ACCESSORY STRUCTURE OFC IS 10 10 Yes Yes N/A IS 10 10 Yes YeS 2 C-UCC-SCR 40 20 IR Yes Yes 10 Yes Yes SO 40 20 25 N/A N/A IS 20,000 20 30,000 20 20.000 N/A N/A N/A U/A 40 50 50 N/A U/A MIA N/A 50,000 200,000 )00,000 N/A N/A ti/A C-REG 1-2 PARK 1-5 PARK 1 -GLyi 40 20 25 Yes Yes Yes Yes Yes Yes 40 N/A N/A SO 10 Section 3. City code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violations a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1990, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of 1990. ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the , 19 day of ORDBLDG.JJ MORE //A THAN 10 i IDATUM LI I LESS THAN 10' HEIGHT OF BUILDING is Use vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to Use average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building: I. The elevation of the highest adjoining sidewalk or ground surface within a 5-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above lowest grade. 2. An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in Item I above is more than 10 feet above lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building. H—Sec. 409. HEIGHT OF BUILDING. The critical feature in the def i ni• tion of height of building is the case where the building is on a sloping site. In the case of a sloping site the height of the building is measured as depicted in Figure No. 4-2. CASE! CASE 11 DETERMINATION OF BUILDING HEIGHT IN FEET Figure No. 4-2 (from Uniform Building Code) Board of Adjustments and Appeals Feb. 8, 1990 f 2 Building Eeighi! t . , . Durham explained that the Building Height had been 30' and now was being increased to a maximum of 40'. This change is consistent with the state uniform building code. Discussion took place on this change and the R-1 district. Freemyer said the City has a complicated system on front yard set backs. The issue of building heights should be addressed in that manner also to somehow determine an average height. MOTION: Akemann moved that the Board recommend the approval of the code changes regarding refuse and building height. Anderson seconded the motion and it passed unanimously. 3. Akemann suggested that Staff cheek out the brightness of several lights in the area and also a temporary sign by the V.F.W. VI. ADJOURNMENT MOTION: Bozonie moved that the Board adjourn the meeting. Anderson seconded . the motion and it passed unanimously. Meeting adjourned at 9:10 P.M. Planning Commission Minutes May 29, 1990 Norman asked if the back side of the buildings would be visible from Highway 169. Smith replied that adequate screening would be provided. MOTION 1: Bye moved, seconded by Bauer to close the public hearing. Motion carried 6-0-0. MO/ON 2: Bye moved, seconded by Bauer to recommend to the City Council approval of the request of Bentec Engineering for Zoning District Amendment within the Office District, with variances to be reviewed by the Board of Appeals, for construction of a 1,900 sq. ft. addition to the existing structure, based on plans dated May 24, 1990, subject to the recommendations of the Staff Report dated May 25, 1990. Motion carried 6-0-0. MOTION 3: Bye moved, seconded by Bauer to recommend to the City Council . approval of the request of Bentec Engineering for Site Plan Review within the Office District for a 1,900 sq. ft. addition to the existing structure, based on plans dated May 24, 1990, subject to the recommendations of the Staff Report dated May 25, 1990. Motion carried 6-0-0. V. OLD BUSINESS Hallett stated that the letter written by Staff to the Tower Square Shopping Center was well done. Hallett asked if a letter had been written to the Water Products Company. Kipp replied that he was still working with the State regarding the Water Products Company. Dodge asked Franzen if the letter to Tower Square Shopping Center should have City Council approval before being mailed. Franzen replied yes. VI. NEW BUSINESS A. BUILDING HEIGHT ORDINANCE. Amending City Code Chapter 11 regarding definition and regulations for building height. Jean Johnson, Zoning Administrator, presented the amendments proposed for the City Code related to building heights. Johnson stated that the reason for the change was the increased height of the homes being constructed today. She noted that the number of basement coarses had increased, as well as the ceiling heights. The City was now reviewing more tri-level and multiple-level homes. The Building Department estimated that 90% of the homes were two-story. Staff had reviewed the Uniform Building Code and information from other cities in the metropolitan area. Johnson believed that the Building Code and the Zoning Code should be the same. Dodge believed that the change made sense based on the change in home designs. Hallett asked Johnson if the request was to increase the height from 30 feet to 40 feet. Johnson replied yes. Bye asked when the Uniform Buidling Code had last been changed. Johnson replied in 1973. Norman asked if consideration was given to the elevation of the lot. Johnson replied that this was not done currently and would be difficult to enforce. MOTION: Bye moved, seconded by Bauer to recommend to the City Council approval of the proposed amendment to City Code Chapter 11, regarding definition and regulations for building height. Motion carried 6-0-0. VII. PLANNER'S REPORT VIII. ADJOURNMENT MOTION: Hallett moved, seconded by Norman to adjourn the meeting at 9:45 PM. Motion carried 6-0-0. Resolution No. 90- A RESOLUTION OF THE CITY OF EDEN PRAIRIE, HENNEPIN COUNTY, MINNESOTA, AUTHORIZING THE ISSUANCE OF $2,700,000 AGGREGATE PRINCIPAL AMOUNT CITY OF EDEN PRAIRIE, MINNESOTA, MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (EDEN INVESTMENTS PARTNERSHIP PROJECT-1MA INSURED MORTGAGE LOAN) SERIES 1990, AND APPROVING THE FORM THEREOF AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS RELATING THERETO. BE IT RESOLVED by the City Council of the City of Eden Prairie (the City), as follows: Section 1. findings. It is hereby found and declared that: 1.1) The City is duly organized as a statutory city under the Constitution and laws of the State of Minnesota and is authorized, under Minnesota Statutes, Chapter 462A and Chapter 462C (collectively, the Act) to develop and administer multifamily housing programs, pursuant to a housing plan, which programs may be financed by the issuance of the housing revenue bonds of the City. 1.2) The City adopted a Housing Plan after a public hearing thereon and review and comment by the Metropolitan Council, pursuant to and in conformity with the provisions of the Act. 1.3) The City prepared and approved a housing program (the Program) under the Act to finance the construction and equipping of a 70-unit multifamily rental housing development. located at 13670 Valley View Road in the City (the Project), by Eden Investments Partnership, a Minnesota general partnership (the Company); and the City Council and the Minnesota Housing Finance Agency approved the Program as required by the Act. 1.4) At least twenty percent (20%) of the units in the Project have been and will continue to be held for occupancy by families or individuals with adjusted gross income not in excess of eighty percent (80%) of the median family income estimated by the United States Department of Housing and Urban Development for the Minneapolis/St. Paul Standard Metropolitan Statistical Area, and an additional fifty-five percent (55%) O f the units in the Project have and will continue to have rents maintained at levels affordable by individuals or families whose adjusted gross income does not exceed one hundred ten percent (110%) of such median family income. 1.5) The City conducted a public hearing regarding the adoption of the Program, including the issuance of the City's $2,750,000 Housing Development Revenue Note (Eden Investments Partnership Project) Series 1984 (the Note), on July 17, 1984, after at least fifteen (15) days public notice thereof 2. published in a newspaper of general circulation in the City, at which members of the public were provided an opportunity to express their views with respect to the Program and the financing of the Project with the proceeds of the Note. 1.6) The City issued the Note on November 21, 1984, and the proceeds of the Note, in the amount of Two Million Seven Hundred Fifty Thousand Dollars ($2,750,000), were disbursed to the Company under the terms of a Loan Agreement and a Disbursing Agreement (collectively, the Original Loan Documents), to pay the coats of the Project in the manner provided in the Loan Documents. 1.7) The Company has asked that the City issue its Multifamily Housing Revenue Refunding Bonds (Eden Investments Partnership Project-FHA Insured Mortgage Loan) Series 1990 (the Bonds) in the aggregate principal amount not to exceed Two Million Seven Hundred Thousand Dollars ($2,700,000) a portion of which will be used to fund the FHA Note (as defined below), the proceeds of which, together with certain Linda provided by the Company, the Bonds, will be used to refund, redeem, and repay a like principal amount of the Note and to fund certain reserve funds required under the Indenture (as hereafter defined). 1.8) It is proposed that the Mortgage Loan be evidenced by a nonrecourse Mortgage Note (the FHA Note), executed by the Company to First Trust National Association (the Trustee) and secured by a Mortgage (the Mortgage) and a Security Agreement (the Security Agreement) from the Company to the Trustee. 1.9) It is proposed that in accordance with a firm Commitment for Insurance dated April 19, 1990 (the Commitment), the FHA Note be endorsed for mortgage insurance by the Federal Housing Administration of the United States Department of Housing and Urban Development (the Government) pursuant to the provisions of Section 223(f) of the National Housing Act, as amended, evidencing the Government's obligation to insure the Mortgage (the Contract of Mortgage Insurance). 1.10) It is proposed that the Bonds be secured by and repaid from proceeds derived from the FHA Note; certain moneys held by the Trustee, including funds and letters of credit in the debt service reserve fund; and any proceeds of the Contract of Mortgage Insurance. 1.11) It is proposed that: (01) The City en-er. into an Indenture of Trust, dated as of July 15, 1990 (the Indenture), with the Trustee, to provide, among other things, for the issuance of the Bonds by the City; 3. 17)l (2) The Trustee and Nichola Conlon Financial Company (Mortgage Servicer) enter into a Mortgage Servicing Agreement, pursuant to authority granted to the Trustee by the City in the Indenture, under the terms of which the Mortgage Servicer will make payment to the Trustee of certain proceeds received by the Mortgage Servicer in connection with the Mortgage Loan; (3) The Company execute the FHA Note, pursuant to the terms of which the Company is to make level monthly payments of principal and interest necessary to repay the Mortgage Loan; (4) In order to secure the performance of the Company's obligations under the FHA Note, the Company enter into the Mortgage and the Security Agreement, both dated as of July 15, 1990, granting the Trustee a mortgage and security interest in the Project; (5) The City, the Company, and the Trustee enter into a Financing Agreement, dated db of July 15, 1990, under which the proceeds of the Bonds would be loaned to the Company in order to pay a portion of the cost of refunding the Note. Under the Financing Agreement, the Company is to make all payments duo on the Mortgage Loan, and the Company is to pay all costs of maintenance and repair, all taxes, asseeements, and insurance premiums concerning or in any way related to the Project; and (6) The Company and the City enter into an Amended and Restated Supplemental Regulatory Agreement, dated as of July 15, 1990 (the Amended Supplemental Regulatory Agreement), wherein the Company covenants that it will comply with all requirements of Section 103(b)(4)(A) of the Internal Revenue Code of 1954, as amended, and the regulations thereunder (the Code), and with all requirements of the Act and any rules and regulations of the Minnesota Housing Finance Agency. 1.12) The City has received an offer (the Bond Purchase Agreement) from Piper, Jaffrey & Hopwood Incorporated (the Underwriter), for the purchase of the Bonds at an interest rate not to exceed eight percent (8%). The Bonds are to be offered and sold to prospective purchasers of the Bonds by an Official Statement (the Official Statement). 1.13) No litigation is pending or, to the best knowledge of the members of this Council, threatened against the City questioning the organization or boundaries of the City or the right of any officer of the City to hold his or her office, or in any manner questioning the right and power of the City to execute and deliver the Bonds, or otherwise questioning the validity of the proposed Financing Agreement e the Indenture, the Amended Supplemental Regulatory Agreement, the Bond 4. PurChaae Agreement; or questioning the appropriation of revenues for the payment of the Bonds or the right of the City to lend the proceeds of the Bonds to the Company. 1.14) All acts and things required under the ConstitutiOn and the laws of the State of Minnesota to make the Financing Agreement, the Indenture, the Amended Supplemental Regulatory Agreement, the Bond Purchase Agreement, and the Bonds the valid and binding obligations of the City in accordance with their terms will have been done upon adoption of this Resolution and the execution and delivery of the Financing Agreement, the Indenture, the Amended Supplemental Regulatory Agreement, the Bond Purchase Agreement, and the Bonds. Section 2 Authorization for Issuance and Sale of Bends And Execution of Documents. 2.1) Documents - Pursuant to the above, there have been prepared and presented to this Council copies of the following documents (in the aggregate, the Documents) dll of which are now placed on file in the office of the City Clerk: (1) The FHA Note; (2) The Mortgage; (3) The Security Agreement; (4) The Financing Agreement; (5) The Indenture; (6) The Amended Supplemental Regulatory Agreement; (7) The Mortgage Servicing Agreement; (8) The Bond Purchase Agreement; and (9) The Official Statement. 2.2) Authorization and Lxecution of Documents - The forms of the Documents listed above are approved, with such variations, insertions, and additions as are deemed appropriate by the parties thereto and approved by the City Attorney. The Mayor and the City Manager are hereby authorized and directed to execute, attest, and deliver the Financing Agreement, the Indenture, the Amended Supplemental Regulatory Agreement, and the Bond Purchase Agreement. All of the provisions of the Financing Agreement, the Indenture, the Amended Supplemental Regulatory Agreement, and the Bond Purchase Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The 5. Financing Agreement, the Indenture, the Amended Supplemental Regulatory Agreement, and the Bond Purchase Agreement shall be substantially in the forms on file in the office of the City Clerk but with such variations, omissions, and insertions as may be approved by the officers executing the same, which approval shall be conclusively evidenced by such execution. 2.3) Ltatherixixtion_for I s suance and Sale of Bonds - For the purpose of financing a portion of the cost of refunding the Note, there is hereby authorized the issuance of the Two Million Seven Hundred Thousand Dollar ($2,700,000) aggregate principal amount City of Eden Prairie, Minnesota, Multifamily Housing Revenue Refunding Bonds (Eden Investments Partnership Project-FHA Insured Mortgage Loan) Series 1990. The Bonds shall be issued in fully registered form, shall be in such denominations, shall bear interest, shall be numbered, shall be dated, shall mature, shall be in such form and shall have such other details and provisions as are prescribed by the Indenture. The Bonds with the longest term shall have a final maturity date of July 15, 2025. 2.4) Enecial Obligations - The Bonds shall be special obligations of the City, payable solely from the revenues derived from the PHA Note, except to the extent payable from the proceeds of the Bonds, including letters of credit and funds in the debt service reserve fund, the proceeds of any insurance or condemnation awards or amounts realized from the Contract of Mortgage Insurance. The Bonds do not constitute a debt of the City, nor does the City pledge its full faith and credit to the payment of the Bonds. The Bonds shall not constitute an indebtedness of the State of Minnesota, the County of Hennepin, or the City within the meaning of any constitutional or statutory provisions whatsoever, not shall the Bonds constitute or give rise to a pecuniary liability or be a charge against the general credit or taxing power of the State of Minnesota, the County of Hennepin, or the City. 2.4) Execution of Bonds - The Bonds shall be executed by the facsimile signatures of the mayor and the City Manager and the facsimile of the official seal of the City shall be imprinted thereon. The Trustee is hereby appointed authenticating agent pursuant to Minnesota Statutes, Section 475.55, Subd. 1. All Bonds shall contain an authentication certificate, to be executed by the Trustee as authenticating agent. 2.6) Absence of Officer a - In the absence of the Mayor or the City Manager, any of the Bonds and any of the other documents authorized by this resolution to be executed and delivered, may be executed and delivered by any other member of the City Council in place of the Mayor or City manager, Or Such other officers of the City as, in the opinion of the City Attorney, have authority to execute and deliver such documents. 6. 2.7) stae_11..t_aonsis - The offer of the Underwriter to purchase the Benda upon the terms and conditions prescribed in the Bond Purchase Agreement is hereby found to be reasonable and advantageous to the City and is hereby accepted; the Mayor and City Manager are hereby authorized and directed on behalf of the City to execute and deliver the Bond Purchase Agreement. 2.8) Official Statement - The City hereby consents to the distribution of the Official Statement on file in the office of the City Clerk by the Underwriter in connection with the sale of the Bonds; however, the City makes no representationS with rospect to, and assumes no responsibility fur, the contents Of the Official Statement. 2.9) Trustee - The designation of First Trust National Association, in St— Paul, Minnesota, as Trustee is hereby approved. 2.10) paylag_Ageat - The Trustee is hereby appointed as Paying Agent for the Bonds pursuant to the Indenture. Section J. Miscellaneous. 3.1) Layalisils..y - In case any one or more of the provisions of this Resolution, the Financing Agreement, the Indenture, the Amended Supplemental Regulatory Agreement, the Bond Purchase Agreement, or any of the Bonds issued hereunder shall tor any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Resolution, the Financing Agreement, the Indenture, the Amended Supplemental Regulatory Agreement, the Bond Purchase Agreement, or the Bonds, but this Resolution, the Indenture, the Financing Agreement, the Amended Supplemental Regulatory Agreement, the Bond Purchase Agreement, and the Bonds shall be construed and enforced as if such illegal or invalid provision had not been contained therein. 3.2) Regularity of Issuance. - The Bonds shall contain a recital that the Bonds are being issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof, and that all acts, conditions and things required by the Constitution and the laws of the State relating to the adoption of this Resolution, to the issuance of the Bonds and to the execution of the Financing Agreement, the Indenture, the Amended Supplemental Regulatory Agreement, and the Bond Purchase Agreement to happen, to exist, and to be performed precedent to and in the enactment of this Resolution and precedent to the issuance of the Bonds and precedent to the execution of the Financing Agreement, the Indenture, the Amended Supplemental Regulatory Agreement, and the Bond Purchase Agreement have happened, do exist and have been performed as so required by law. 7. 3.3) paracrautace - The officers of the City, attorneys, and other agente or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this Resolution, the Bonds, the Financing Agreement, the Indenture, the Amended Supplemental Regulatory Agreement, and the Bond Purchase Agreement for the full, punctual and complete performance of all the terms, covenants, and agreements contained therein. 3.4) Certifications - The Mayor, City Manager, City Clerk, and other officers of the City are hereby authorized and directed to prepare and furnish to Larkin, Hoffman, Daly 6 Lindgren, Ltd., bond counsel, to the Company, to the Trustee, to the Underwriter, and to counsel for such parties, certified copies of all proceedings and records of the City relating to the Project and the Bonds, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 3.5) Definitions - Terms not otherwise defined in this Resolution, but defined in the Indenture, shall have the same meanings in this Resolution as provided in the Indenture. 3.6) Rxecutien nate of Resolution - This Resolution shall be in full force and effect from and after its passage. Adopted by the City Council on July 17, 1990. (SEAL) Mayor ATTEST: City Clerk SRO:FF8 a, JULY 17.1990 -SOFTBALL TEAM REGISTRATIONS-ORGANIZED ATHLETICS -ENTERTAINMENT-TORCH RUN-RECREATION ADMINISTRATION -ENTERTAINMENT-TORCH RUN-RECREATION ADMINISTRATION -ENTERTAINMENT-TORCH RUN-RECREATION ADMINSTRATION -ENTERTAINMENT-TORCH RUN-RECREATION ADMINISTRATION POSTAGE-UTILITY BILLING BOILER LICENSE-COMMUNITY CENTER MOTOR VEHICLE REGISTRATION -ENTERTAINMENT-TORCH RUN-RECREATION ADMINISTRATION GRAVEL-PARK MAINTENANCE -CHANGE FUND-JULY 4TH CELEBRATION- HISTORICAL & CULTURAL COMMISSION CONFERENCE-POLICE DEPT CONFERENCE-POLICE DEPT EXPENSES-POLICE DEPT EXPENSES-CITY HALL JULY '90 RENT-LIQUOR STORE JULY "90 RENT-LIQUOR STORE JULY "90 RENT-CITY HALL SERVICE REFUND-RACQUETBALL LEAGUE REFUND-TENNIS LESSONS REFUND-SKATING LESSONS REFUND-SWIMMING LESSONS REFUND-TEAM TENNIS TRAINING REFUND-AFTERNOON PLAYGROUND REFUND-DRAWING LESSONS REFUND-RACAUETBALL LEAGUE REFUND-PRESCHOOL PLAYGROUND REFUND-DRAWING LESSONS REFUND-KREATIVE KIDS CLASS REFUND-PRESCHOOL PLAYGROUND REFUND-GOLF LESSONS REFUND-TENNIS LESSONS REFUND-DRAWING LESSONS REFUND-DRAWING LESSONS REFUND-PAPER FUN CLASS REFUND-ROUND LAKE PARK BUILDING RENTAL REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-DRAWING CLASS REFUND-TENNIS LESSONS REFUND-AQUA AEROBICS REFUND-T-BALL LEAGUE FEE REFUND-TENNIS LESSONS -REFUND-COMO PARK ZOO TRIP-SPECIAL EVENTS/ TRIPS 60910 MN RECREATION & PARK ASSN 60911 HOWARD WALSTEIN k. .2 DICK STEINER 60913 MARY ELLEN SKEESICK 60914 JUDY LIEBER 60915 HOPKINS POSTMASTER 60916 DEPARTMENT OF LABOR & INDUSTRY 60917 MN DEPT OF PUBLIC SAFETY 60918 LINNEA PETERSON 60919 J L SHIELY COMPANY 60920 PETTY CASH 60921 HOLIDAY INN-DOWNTOWN DULUTH 60922 MN CRIME PREVENTION OFFICERS ASSN 60923 PETTY CASH-POLICE DEPT 60924 PETTY CASH 60925 JASON-NORTHCO PROP LP4s1 60926 SUPPLEE"S 7 HI ENTER INC 60927 BIRTCHER WELSH 60928 AT&T CREDIT CORPORATION 60929 STUART ALEXANDER 60930 MARY ANDERSON 60931 DEBRA ARVER 32 CAROL BOMBEN ,33 TERESA CHRISTIANSEN 60934 SANDRA DAVIS 60935 MRS D W DREDGE 60936 MARC DUKINSKY 60937 MARY EGERTSON 60938 DEBBIE FEIST 60939 JOANNE FRANKOSKY 60940 CHRISTI GARBER 60.941 BARBARA GOERGEN 60942 ANDY HEYER 60943 CLAIRE HILGEMAN 60944 MARILYN JENSEN 60945 SUSAN KOOMAN 60946 MIKKI KRUEGER 60947 JENNIFER LEAK 60948 CYNTHIA LEWIS 60949 DOROTHY LIFE 60950 LYNN MCCOY 60951 BETTY MORAN 60952 KRISTIN NYSTUL 60953 SUSAN OLSON 60954 JEFF OUELLETTE 60955 DIANA ROHLFFEN 60956 TAY TOLIFSCN 47 00.00 300.00 300.00 130.00 150.00 394.65 50.00 37.50 300.00 862.00 200.00 145.00 50.00 24.56 65.11 7078.36 4919.04 21730.85 93.67 5.00 52.00 24.00 12.00 25.00 8.50 15.00 5.00 9.72 15.00 10.00 9.72 30.00 15.00 15.00 15.00 28.00 26.50 17.00 38.25 12.00 17.00 15.00 22.00 18.00 13.00 15.00 7.00 4202543 JULY 17.1990 60957 LINDA WILSON 60958 CAROL WYARD (" JO 60961 60962 60963 60964 60965 60966 60967 60968 60969 60970 60971 60972 60973 60974 60975 60976 60977 60978 60979 6n080 ( ;1 6w82 60983 60984 HENNEPIN COUNTY ATTORNEY'S OFFICE 60985 ST PAUL BOOK & STATIONERY CO 60986 COMMISSIONER OF REVENUE 60987 INTERNAL REVENUE SERVICE 60988 CROW WING COUNTY SOCIAL SERVICES 60989 FIRST BANK EDEN PRAIRIE 60990 GREAT WEST LIFE ASSURANCE CO 60991 HEWN CTY SUPPORT & COLLECTION SEE 60992 ICMA RETIREMENT TRUST 60993 MN TEAMSTERS CREDIT UNION 60994 EXECUTIVE DIRECTOR-PERA 60995 EXECUTIVE DIRECTOR-PERA 60996 UNITED WAY 60997 MINNEGASCO 60998 ELAINE HOKE 60999 SHIRLEY WAAGE 61000 GARTH OLSON 61001 EDWARD R TOLCK 12 HOPKINS POSTMASTER REFUND-PRESCHOOL PLAYGROUND -REFUND4:0M0 PARK ZOO TRIP-SPECIAL TRIPS & EVENTS REFUND-FAMILY MEMBERSHIP FEE FIREWORKS DISPLAY-JULY 4TH CELEBRATION ENTERTAINMENT-JULY 4TH CELEBRATION ENTERTAINMENT-JULY 4TH CELEBRATION ENTERTAINMENT-JULY 4TH CELEBRATION ENTERTAINMENT-JULY 4TH CELEBRATION ENTERTAINMENT-JULY 4TH CELEBRATION ENTERTAINMENT-JULY 4TH CELEBRATION ENTERTAINMENT-JULY 4TH CELEBRATION ENTERTAINMENT-JULY 4TH CELEBRATION -PLUGS/FUSE HOLDER KITS/STARTER SOLENOID/ -HEADLIGHT SOCKET/SWITCHES/FLASHERS/LAMPS/ -CONNECTORS/OIL SEALS/CABLE TIES/LENSES/ -THERMOSTATS/BELTS/BEARINGS/VALVES/GASKETS- EQUIPMENT MAINTENANCE SERVICE-PACKET DELIVERY SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE SERVICE REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-EXERCISE CLASS -SERVICE-AMPHITHEATER GRAND OPENING FLYER- HISTORICAL & CULTURAL COMMISSION DISTRIBUTION OF FORFEITURE FUNDS -OFFICE SUPPLIES-CITY HALL/POLICE DEPT/ COMMUNITY CENTER PAYROLL 6/29/90 PAYROLL 6/29/90 CHILD SUPPORT DEDUCTION PAYROLL 6/29/90 PAYROLL 6/29/90 CHILD SUPPORT DEDUCTION PAYROLL 6/29/90 PAYROLL 6/29/90 JULY 90 LIFE INSURANCE PREMIUM PAYROLL 6/29/90 PAYROLL 6/29/90 SERVICE REFUND-ARCHERY CLASS REFUND-TENNIS LESSONS -ENTERTAINMENT-STARING LAKE CONCERT HISTORICAL & CULTURAL COMMISSION -ENTERTAINMENT-STARING LAKE CONCERT SERIES HISTORICAL & CULTURAL COMMISSION POSTAGE FOR POSTAGE METER-CITY HALL 19.00 3.50 92.10 7500.00 2400.00 1250.00 100.00 75.00 150.00 395.00 300.00 650.00 932.28 167.00 17833.71 90.38 30.25 264.88 513.05 289.11 3093.45 11.00 19.00 34.00 21.00 0.00 50.00 84.48 225.43 - 113.00 5000.00 JEAN YERHOT AMERICANA FIREWORKS DISPLAY CO JIMMY ALLEN ARTIST MGMT INC JIMMY ALLEN ARTIST MGMT LTD BRADLEY PRODUCTIONS EARL DREBENSTEDT JUDY LIEBER LIVE THEATRE ENTERTAINMENT NETWOR DICK STEINER TOTAL ENTERTAINMENT FEIST BLANCHARD CO DANA GIBBS NORTHERN STATES POWER CO AT&T AT&T CONSUMER PRODUCTS DIV AT&T U S WEST COMMUNICATIONS U S WEST CELLULAR INC MINNEGASCO MONICA ANDERSON JUSTIN PEARSON KAREN RICHARDSON LINDA SEWARD VOID OUT CHECK MBA DESKTOP PUBLISHING PLUS 12386.94 32.00 186.00 61008.94 4849.60 194.76 2014.04 25.00 162.00 29937.01 209.50 3.00 14.00 3.00 SERIES.- 430.00 15371241 H JULY 17.1990 61027 8 ,028 ( :9 61030 61031 61032 61033 61034 61035 AMERICAN NATIONAL BANK & TRUST 61036 AMERIDATA 61037 EARL F ANDERSEN & ASSOC INC 61038 DON ANDERSON 61039 ANDERSON'S GARDEN 61040 ANDON INC 61019 61020 61021 61022 61023 61024 61025 RICHARD KNUTSON INC 61026 LANDWEHR HEAVY MOVING 61041 AQUA ENGINEERING INC 61042 ARMOR SECURITY INC 61043 ASTLEFORD INTL INC 61003 61004 61005 f 1 6 61008 61009 61010 61011 61012 61013 61014 61015 61016 61017 61018 NODLAND CONSTRUCTION CO ACRO-MINNESOTA INC . AIRLIFT DOORS INC AIRSIGNAL INC ALASKAN AIR CONDITIONING INC AMERI-STAR LIGHTING AMERICAN GAS ASSOC LABS AMERICAN LINEN SUPPLY CO CUSTOM AUTOBODY JAMES C SAMUELSON DUN & BRADSTREET BUSINESS EDUCATI DELARIA'S KENTUCKY FRIED CHICKEN ALL AMERICAN BOTTLING CORP BEER WHOLESALERS INC DAY DISTRIBUTING CO EAST SIDE BEVERAGE CO HOME JUICE PRODUCTS KIRSCH DISTRIBUTING CO MARK VII DISTRIBUTING COMPANY MIDWEST COCA COLA BOTTLING CO PEPSI COLA COMPANY THORPE DISTRIBUTING COMPANY HERB DEROMA MEDICINE SHOW MUSIC CO RES SYSTEM BEAVER MOUNTAIN WATERSLIDE VALLEYFAIR JOHN FRAME MARY KRAUSE BROWN & CRIS INC PAINT & REPAIR TOOL BOX-EQUIPMENT MAINT 190.00 SERVICE-EMPLOYEE NEWSLETTER 110.00 CONFERENCE-FINANCE DEPT 135.00 EXPENSES-CITY COUNCIL 86.40 MIX 456.67 BEER 4562.00 BEER 3899.10 BEER 23250.25 MIX 105.36 BEER 600.10 BEER 13801.98 MIX 858.26 MIX 585.67 BEER 30466.08 SERVICE-HUMAN RESOURCES DEPT 410.80 -ENTERTAINMENT-STARING LAKE CONCERT SERIES- 375.00 HISTORICAL & CULTURAL COMMISSION POSTAGE FOR POSTAGE METER-POLICE DEFT 1500.00 SPECIAL TRIPS/EVENTS/FEES PAID 744.00 TEEN WORK PROGRAM/FEES PAID 301.25 JUNE '90 EXPENSES-FINANCE DEPT 200.00 MILEAGE-HUMAN RESOURCES DEPT 325.00 -SERVICE-HAMILTON ROAD STREET & STORM 23983.33 IMPROVEMENTS SERVICE-BLUFF ROAD 21339.27 -SERVICE-SUMMIT/MEADOWVALE/RED OAK DRIVES 67030.34 NEIGHBORHOOD SERVICE-HIGHWAY 5 SOUTH FRONTAGE ROAD 51682.66 OFFICE SUPPLIES-CITY HALL/POLICE DEPT 612.57 DOOR REPAIR-PUBLIC WORKS BUILDING 72.00 JUNE '90 PAGER SERVICE-COMMUNITY CENTER 16.00 CONDENSER PIPE PLUG REPAIR-COMMUNITY CTR 317.13 LIGHT BULBS-TRAFFIC CONTROL DEPT 336.40 SUBSCRIPTION-FACILITIES DEPT 40.00 -UNIFORMS-BUILDING INSPECTIONS DEPT/PARK 1582.90 -MAINTENANCE/EQUIPMENT MAINTENANCE/SEWER -DEPT/WATER DEPT/STREET DEPT/COMMUNITY CTR/ -ANIMAL CONTROL/POLICE DEPT/MOP HEADS & TOWELS-LIQUOR STORE CO BOND PAYMENT 75.00 -COMPUTER SOFTWARE/LEGAL TRAY/CABLES- 724.00 ENGINEERING DEPT SIGNS/BRACKETS-STREET DEPT/PARK MAINT 1461.01 HOCKEY OFFICIAL/FEES PAID 23.00 EXPENSES-FIRE DEPT 25.98 -HELIUM TANK RENTAL/BALLOONS/CLIPS-SPECIAL 73.85 TRIPS & EVENTS -SOLENOID/CONNECIORS/SPINKLER HEADS- FACILITIES DEPT -POLICE BUILDING SECURITY SYSTEM REPAIR 654.10 -DUE TO LIGHTNING DAMAGE-FACILITIES DEPT/ -KEYS-POLICE DEPT/3RD QUARTER SECURITY SYSTEM MAINTENANCE AGREEMENT-COMMUNITY CTR -MUFFLER/TUBES/HARNESS/DRIVE GEAR/ 239.62 SPEEDOMETER GEARS-EQUIPMENT MAINTENANCE 3:39.48 26864656 JULY 17,1990 61044 AUTOC.70N INDUSTRIES INC -FUSES/TRANSISTORS/PARTS FOR SECONDARY BASIN-WATER DEPT 5 AVE INC CEMENT-STREET DEPT 6I .6 B& S TOOLS -PLIERS/DRILL BITS/SCREWDRIVERS/TORCH/ -BLO-GUN/PRESSURE GAUGE/MEASURING TAPE/ -GAUGE PINS/WRENCH SET/SWIVEL JOINT/PRY BARS/SOCKETS-WATER DEPT/EQUIPMENT MAINT 61047 BACON'S ELECTRIC CO -HEATER RELAY REPAIR/INSTALL RECEPTACLES/ -FIXTURES/WIRING FOR HOIST/MODIFIED WELL -PUMP & UPSIZED MOTORO$7983.44/METF,R PROTECTION ENCLOSURES-$1560.00-WATER DEPT 61048 BATTERY & TIRE WAREHOUSE INC -CLEANING SUPPLIES/STRAPS/SPARK PLUGS/ BRAKE PADS-EQUIPMENT MAINTENANCE 61049 BECKER & ASSOCIATES INC -ACRYLIC SHEET/PAPER LINE KIT/BASE COAT PAPER-ICE ARENA-COMMUNITY CENTER 61050 BERGIN AUTO BODY INC PAINT & REFINISH VEHICLE-EQUIPMENT MAINT 61051 BRUCE BETTENDORF SOFTBALL & VOLLEYBALL OFFICIAL/FEES PAID 61052 BIFFS INC WASTE DISPOSAL-PARK MAINTENANCE 61053 BIG A AUTO PARTS - CHANHASSEN -TAIL PIPESANUFFLERS/LAMPS/FDOOR CARPET/ -FUEL PUMP/DOME LIGHTS/FILOR MAT/SWITCHES/ -EXTENSION PIPES/HORN BUTTON/HITCH BALL/ -SPEAKERS/WEATHER STRIPPING/DRAIN PANS/ -BRUSHES/FUNNEL/SAFETY BELT-WATER DEPT/ EQUIPMENT MAINTENANCE 61054 BLEVINS CONCESSION SUPPLY COMPANY -CONCESSION STAND SUPPLIES-ROUND LAKE CONCESSION/COMMUNITY CENTER CONCESSION 61055 LEO M BRANDT SOFTBALL OFFICIAL/FEES PAID 656 BRAUN ENG TESTING INC . -SERVICE-BLUFF ROAD WEST OF COUNTY RD 18/ CEDAR RIDGE STORM SEWER 6w:57 REBECCA BRAZYS MINUTES-CITY COUNCIL 61058 BRISSMAN KENNEDY INC MOP-FACILITIES DEPT 61059 BROADWAY RENTAL EQUIPMENT CO -CANOPY RENTAL-AMPHITHEATER GRAND OPENING- HISTORICAL & CULTURAL COMMISSION 61060 ANTONY BROUGH MILEAGE-FORESTRY DEPT 61061 BRW INC -SERVICE-HIGHWAY 5 & PRAIRIE CENTER DR -INTERCHANGE/VALLEY VIEW RD-BITTERSWEET TO HOWARD 61062 BRYAN ROCK PRODUCTS INC GRAVEL-STREET MAINTENANCE/PARK MAINTENANCE 61063 BUCKINGHAM DISPOSAL INC MAY & JUNE '90 WASTE DISPOSAL SERVICE 61064 BUSINESS CREDIT LEASING INC AUGUST '90 COPIER RENTAL-FIRE DEPT 61065 WESTON W BYRON SOFTBALL OFFICIAL/FEES PAID 61066 C&H DISTRIBUTORS INC STORAGE BINS-WATER DEPT 61067 CASE POWER & EQUIPMENT -PULLEY/GASKETS/THERMOSTAT/HOSES/SEAL/FAN BELT-EQUIPMENT MAINTENANCE 61068 CENTRAIRE INC -QUARTERLY MAINTENANCE AGREEMENT/POLICE -BUILDING WATER TOWER REPAIR-FACILITIES DEPT 61069 CITY OF CHANHASSEN -REIMBURSEMENT FOR OVERPAYMENT OF DESIGN FEES FOR HIGHWAY 5 FROM CSAH TO CSAH 17 61070 CHANHASSEN LAWN & SPORTS -KNIVES/OIL/LUBRICANT-WATER DEPT/PARK MAINTENANCE 31071 CHAPIN PUBLISHING COMPANY LEGAL ADS-EXTENSION OF COLLECTOR ROAD 61072 CHICAGO TITLE OVERPAYMENT OF SPECIAL ASSESSMENT ( 7 3 CLUTCH & TRANSMISSION SER INC -WASHERS/PINS/RINGS/SLACK ADJUSTERS- EQUIPMENT MAINTENANCE 3205473 111-1,2, :3747.79 293.25 465.95 11111.65 370.72 335.89 416.00 325.50 91.13 1030.21 509.55 :387.50 1442.70 150.00 11.97 220.00 53.50 2303.45 250.48 3308.41 182.75 232.50 751.40 347.58 2139.00 2115.14 30.45 76.95 92.51 60.80 JULY 17.1990 61074 COMMERCIAL ASPHALT CO BLACKTOP-STREET MAINTENANCE 6331.04 61075 COMMUNICATIONS CENTER -HEADSETS/VOICE TRANSFORMER SETS- 138.00 ENGINEERING DEPT ( 6 COMPUTER BUYING SERVICE -COMPUTER REPAIR DUE TO LIGHTNING DAMAGE- 778.00 POLICE DEPT 61077 COMPUTERWARE DATA PRODUCTS INC DISKETTES-COMMUNITY CENTER 51.67 61078 CONSTRUCTION BULLETIN SUBSCRIPTION-ENGINEERING DEPT 80.00 61079 CONSTRUCTION MATERIALS INC SEALCOATING-SEWER DEPT/STREET DEPT 212.50 61080 CONTACT MOBILE COMMUNICATIONS INC RADIO REPAIR-WATER DEPT 180.00 61081 COPY EQUIPMENT INC -MEASURING TAPES/OFFICE SUPPLIES- 286.32 ENGINEERING DEPT 61082 CORPORATE VIDEO -FINAL PAYMENT FOR VIDEO-FLYING CLOUD 4380.90 LANDFILL 61083 CUSHMAN MOTOR CO -GASKETS/CONE/CARRIER/SLINGER/TIRES/ 617.80 -PARKING BRAKE REPAIR/DIFFERENTIAL ASSEMBLY REPAIR-EQUIPMENT MAINTENANCE 61084 CURTIS INDUSTRIES INC -KEYS/CONNECTIONS/LUBRICANT/SCREWS- 352.72 EQUIPMENT MAINTENANCE 61085 CUTLER MAGNER COMPANY QUICKLIME-WATER DEPT 13366.10 61086 WILLIAM DAGGETT SOFTBALL OFFICIAL/FEES PAID 170.50 61087 WARD F DAHLBERG JUNE '90 EXPENSES-LIQUOR STORES 85.00 61088 DALCO -CLEANING SUPPLIES-FACILITIES DEPT/WATER 1289.33 DEPT/COMMUNITY CENTER 61089 DAN & DAN'S MINUTEMAN PRESS -PRINTING-FORMS & FLYERS-RECREATION 437.65 ADMINISTRATION/COMMUNITY CENTER 61090 DATED BOOKS OFFICE SUPPLIES-STREET MAINTENANCE 96.75 61091 DECORATIVE DESIGNS JUNE '90 SERVICE-CITY HALL 49.50 61092 DECISION RESOURCES LTD SERVICE-COMMUNITY SURVEY 2350.00 f 4 °93 DELARIAS KENTUCKY FRIED. CHICKEN EXPENSES-HISTORICAL & CULTURAL COMMISSION 29.80 k )4 DELEGARD TOOL CO STEPS/WALL CABINET-EQUIPMENT MAINTENANCE 240.00 61095 DEM CON LANDFILL INC -MAY '90 WASTE DISPOSAL-SEWER DEPT/WATER 78.00 DEPT/STREET MAINTENANCE 61096 EUGENE DIETZ JUNE '90 EXPENSES-ENGINEERING DEPT 266.05 61097 DONNELLY BROTHERS CONSTRUCTION -REPAIRED DAMAGED CEILING PLASTER & WALLS- 700.00 animas GRILLE HOUSE 61098 DPC INDUSTRIES INC CHLORINE-WATER DEPT 2556.00 61099 DRISKILLS SUPER VALU -EXPENSES-COMMUNITY CENTER/NEIGHBORHOOD 8.89 OUTREACH PROGRAM 61100 DYNA SYSTEMS STORAGE BINS-WATER DEPT 423.06 61101 EASTMAN KODAK COMPANY -MAY '90 MAINTENANCE AGREEMENT/TONER-CITY 812.09 HALL 61102 ECOLAB PEST ELIMINATION DIVISION -PEST CONTROL-FIRE STATIONS/CUMMINS GRILLE 266.50 HOUSE 61103 EDEN INCENTIVES & PROMOTIONS OFFICE SUPPLIES-POLICE DEPT 147.01 61104 EDEN PRAIRIE FIRE DEPT EXPENSES-CITY COUNCIL 19.20 61105 CITY OF EDEN PRAIRIE -CITY'S SHARE OF MUNICIPAL LEGISLATIVE 162.28 COMMISSION DINNER 61106 JOHN H EKLUND WASTE DISPOSAL-FORESTRY DEPT 105.00 61107 ELK RIVER CONCRETE PRODUCTS JOINT SEALER/MANHOLE COVERS-SEWER DEPT 263.62 61108 ELVIN SAFETY SUPPLY INC -SAFETY GLOVES/GAS DETECTOR-SEWER DEPT/ 474.36 COMMUNITY CENTER 61109 RICHARD EMAHISER HOCKEY INSTRUCTOR/FEES PAID 1031.88 61110 ENR SUBSCRIPTION-ENGINEERING DEPT 94.00 61111 ESS BROTHERS & SONS INC CATCH BASINS-SEWER DEPT 290.00 12 EXPRESS MESSENGER SYSTEMS INC POSTAGE-CITY HALL 45.86 3931738 61113 61114 6(115 6 FAIRVIEW KEITH FARNIOK FBS CAPITAL MARKETS GROUP FEED RITE owmas INC FINLEY BROS ENTERPRISES 61113 THE FITNESS STORE 61119 FORKLIFT & EQUIPMENT SERVICES INC 61120 FORMAN FORD PAINT 61121 FOUR STAR BAR & RESTAURANT SUPPLY 61122 LYNDELL FREY 61123 GARDNER HARDWARE CO 61124 GOODWILL INDUSTRIES INC 61125 GOPHER OIL COMPANY 61126 GOPHER STATE ONE-CALL INC 61127 W W GRAINGER INC 61128 MARK GRANOWSKI 61129 SHEILA GRAVELINE 61130 ALAN GRAY 61131 GUARANTY TITLE 61132 GUNNAR ELECTRIC CO INC JULY 17.1990 BWOD TESTS-POLICE DEPT 54.88 FIRE CALLS 444.00 EXPENSES-FINANCE DEPT 3.75 CHEMICALS-WATER DEFT 4310.50 -HIGH SCHOOL FENCE REPAIR-$1160.00-STREET 50051.75 -DEPT/1990 TENNIS COURT IMPROVEMENTS- -CARMEL PARK-$9580.75/RED ROCK LAKE- -$14364.00/WILLOW PARK-$12654.00/FOREST -HILLS & STARING LAKE PARK-$9462.00/HIDDEN PONDS-$2831.00 PEDALS-FITNESS CENTER 20.00 FORKLIFT REPAIR-WATER DEPT 180.82 COVERS-COMMUNITY CENTER 22.20 SUPPLIES-LIQUOR STORES 1286.83 MILEAGE-PROGRAM SUPERVISOR 123.00 LOCKS/MASTER KEY CYLINDER-COMMUNITY CENTER 105.25 JUNE "90 SERVICE-SOLID WASTE MANAGEMENT 1923.00 LUBRICANT-WATER DEPT 491.40 SERVICE 245.00 STORAGE BINS/LOCK BOXES-EQUIPMENT MAINT 96.00 SOFTBALL OFFICIAL/FEES PAID 31.00 FOOTBALL CLINIC INSTRUCTOR/FEES PAID 72.00 JUNE "90 EXPENSES-ENGINEERING DEPT 266.42 REFUND-OVERPAYMENT OF SPECIAL ASSESSMENT 92.51 -WIRE OFFICE PARTITION & REPLACE HEAT PUMP 816.37 -CIRCUIT BREAKER-FACILITIES DEFT/BATTERY- -SEWER DEPT/INSTALL UNDERGROUND WIRE FOR PITCHING MACHINE-$650.00-PARK MAINTENANCE LAB SUPPLIES-WATER DEPT 66.95 FOOTBALL CLINIC ASSISTANT COACH/FEES PAID 50.00 -SERVICE-HAMILTON ROAD/RED ROCK SHORES/ 25222.41 -WHITE TAIL CROSSING CUL-DE-SAC/BLUFFS EAST 7TH ADDITION -SHADED WINDSHIELDS/TINTED BACKSLIDER 330.13 WINDOWS-EQUIPMENT MAINTENANCE -TOUR OF ANNANDALE-ADULT PROGRAMS/FEES 36.00 PAID FILING FEE-PLANNING DEPT 724.00 LATHS-PARK MAINTENANCE 49.94 FILING FEE-ENGINEERING DEPT 25.50 TRAFFIC TICKET FORMS-POLICE DEFT 1125.00 MAY '90 BOOKING FEE-POLICE DEPT 73.58 LEGAL SERVICE-FLYING CLOUD LANDFILL 4296.04 COPIER MAINTENANCE AGREEMENT-FIRE DEPT 34.60 FIELD MARKING PAINT-PARK MAINTENANCE 498.25 -PISTON ASSEMBLY/REFRIGERATION EQUIPMENT 3519.68 -REPAIR/FREON-$2625.00/EVAPORATOR-ICE ARENA-COMMUNITY CENTER -2ND HALF '90 MAINTENANCE AGREEMENT-WATER 2037.50 DEPT AFTERNOON ADVENTURE/FEES PAID 22.50 -SHIELD/SWITCHES/TOOLBOXES/CLEANING 498.68 -SUPPLIES/PLUG/OUTLET/CHROME-EQUIPMENT MAINTENANCE REFUND-OVERPAYMENT UTILITY BILLING 81.75 6,133 MACH CO k, 34 STEVE HANKS 61135 HANSEN THORP PELLINEN OLSON INC 61136 HARMON GLASS 61137 HEART OF THE LAKES TOURS 61138 HENNEPIN COUNTY TREASURER 61139 HENNEPIN COUNTY TREASURER 61140 HENNEPIN COUNTY PUBLIC RECORDS 61141 HENNEPIN COUNTY TREASURER 61142 HENN CTY-SHERIFFS DEPT 61143 DR CLYDE HERTZMAN 61144 D C HEY COMPANY INC 61145 HOFFERS INC 61146 HOLMSTEN ICE RINKS INC 61147 HONEYWELL INC 61148 HOPKINS BOWL 61149 HOPKINS PARTS CO 50 KIM HOPMAN 9982919 JULY 17.1990 61151 HYDRAULIC SERVICES INC 61152 IBM CORPORATION 61.153 INDEPENDENT SCHOOL DIST 0272 61154 INDUSTRIAL LIGHTING SUPPLY INC 61155 INSTY-PRINTS 61156 GARY ISAACS 61157 SAMUEL D JEPMA 61158 JM OFFICE PRODUCTS INC 61159 JOHNSON CONTROLS 61160 JUSTUS LUMBER CO 61161 KAMAN BEARING & SUPPLY CORPORATIO 61162 KEYS WELL DRILLING CO 61163 SCOTT A KIPP 61164 KERN KRAGENBRING 61165 LAB SAFETY SUPPLY 61166 CINDY LANENBERG 61167 LANG PAULY & GREGERSON LTD 61168 ROBERT LANZI (b 70 6 ,169 ,i71 LAW ENFORCEMENT RESOURCE CENTER STEVE LEIB LEEF BROS INC MATT LEVOIR 61172 LEO LEWIS 61173 LINHOFF CORPORATE COLOR 61174 LOG IS 61175 JEFF GORTIS 61176 61177 MATRX MEDICAL INC 61178 MBA DESKTOP PUBLISHING PLUS 61179 MCFARLANES INC 61180 MCGLYNN BAKERIES INC 61181 PETE MCINTOSH 61182 HEM ADVERTISING COMPANY 61183 MENARDS 61184 JOSEPH T MENGEL PH D 61185 MERLINS HARDWARE HANK 61186 MERIT HVAC INC 61137 METRO ALARM INC 61188 METRO PRINTING INC ' 39 KAREN MICHAEL 6793138 ZAMBONI CYLINDERS RESEALED-COMMUNITY CTR 201.26 AUGUST '90 MAINTENANCE AGREEMENT-CITY HALL 424.32 -COPIES-RECREATION SUPERVISOR/EXPENSES- 313.75 -STARING LAKE AMPHITHEATER GRAND OPENING- HISTORICAL & CULTURAL COMMISSION FLUORESCENT LIGHTS/LAMPS-WATER DEPT 223.58 -PRINTING-ENVELOPES/OFFICE SUPPLIES-POLICE 214.00 DEPT SOFTBALL OFFICIAL & COORDINATOR/FEES PAID 873.50 SOFTBALL OFFICIAL/FEES PAID 58.00 -OFFICE SUPPLIES-SEWER DEPT/WATER DEPT/ 914.52 CITY HALL/FIRE DEPT -3RD QUARTER '90 MAINTENANCE AGREEMENT- 955.00 COMMUNITY CENTER -STUDS/THRESHOLD/LUMBER-WATER DEPT/POLICE 119.23 DEPT DRIVER GEAR FOR LIME SLAKER-WATER DEPT 140.15 -REPAIR OF 2 HIGH SERVICE WELL PUMPS/CLEAN 4728.75 & REPAIR SHAFT ON WELL PUMP-WATER DEPT MILEAGE/EXPENSES-PLANNING DEPT 9.75 REFUND-HYDRANT METER DEPOSIT 151.40 -GOGGLES/LENSES/LAB SUPPLIES/GLOVES/SAFETY 659.65 -LADDER-SEWER DEPT/WATER DEPT/FACILITIES DEPT MILEAGE-FIRE DEPT 50.25 -FEBRUARY '90 LEGAL SERVICE/MAY '90 FLYING 37422.74 CLOUD LANDFILL/APRIL '90-PROSECUTION MILEAGE-ATHLETIC COORDINATOR 86.50 REPORT WRITING VIDEO-POLICE DEPT 393.75 UNIFORMS-EQUIPMENT MAINTENANCE 104.65 BOW STRING-SUMMER SKILL DEVELOPMENT 28.62 FOOTBALL CLINIC ASSISTANT COACH/FEES PAID 30.00 FOOTBALL CLINIC COACHES/FEES PAID 900.00 PRINTS-HUMAN RESOURCES DEPT/FORESTRY DEPT 35.94 MAY '90 SERVICE 13676.17 -REMOVED LINOLEUM & GLUE/REPAIRED & 900.00 REFINISHED FLOOR-CUMMINS GRILLE HOUSE 1ST AID RESCUE EQUIPMENT-FIRE DEPT 499.60 -TYPESETTING/EDITING-FLYERS-JULY 4TH 190.95 -CELEBRATION/AMPHITHEATER GRAND OPENING- -HISTORICAL & CULTURAL COMMISSION/TORCH RUN FESTIVAL-RECREATION ADMINISTRATION CONCRETE-STREET MAINT/PARK MAINT 263.00 EXPENSES-FIRE DEPT 53.36 FOOTBALL CLINIC ASSISTANT COACH/FEES PAID 100.00 PRINTING-RING BINDERS-HUMAN RESOURCES DEPT 299.30 ROPE/CHAIN-ROUND LAKE MARINA 10.95 MAY '90 SERVICE-FLYING CLOUD LANDFILL 1637.50 -CLEANING SUPPLIES/SPRAY PAINT/SCREWS/KEY- 16.88 EQUIPMENT MAINTENANCE/COMMUNITY CENTER INSTALLATION OF DUCT WORK-WATER DEPT 290.00 -3RD QUARTER SECURITY SYSTEM MAINTENANCE- 73.00 PUBLIC WORKS BUILDING PRINTING-FORMS & POSTERS-POLICE DEPT 792.00 EXPENSES/MILEAGE-HUMAN RESOURCES DEPT 82.36 JULY 17.1990 MIDWEST ASPHALT CORP BLACKTOP/SEALCOATING-STREET MAINTENANCE MINNCOMM PAGING -JUNE '90 PAGER SERVICE-WATER DEPT/JULY 90 PAGER SERVICE-STREET MAINTENANCE MN CONWAY FIRE & SAFETY -FOG NOZZLE/FIRE EXTINQUISHERS-WATER DEFT/ EQUIPMENT MAINTENANCE MINNESOTA FORESTRY ASSOCIATION TREES-FORESTRY DEPT MINNESOTA ICE ARENA MANAGER'S ASS LABELS-COMMUNITY CENTER ADMINISTRATION MINNESOTA INDUSTRIAL SAFETY SHOE SAFETY SHOES-WATER DEPT MN RECREATION & PARK ASSN LABELS-COMMUNITY CENTER ADMINISTRATION MINNESOTA SUPPLY CO SPRINKLER PIPE REPAIR-SEWER DEPT MODERN OFFICE STORAGE CABINET-ROUND LAKE CONCESSION MSP AIRPORT NEWS ADVERTISING-LIQUOR STORES BERNARD J MULCAHY CO INC -IMPELLARS/KEYS/BEARING SLEEVE/PARTS FOR WELL SUMP PUMP-WATER DEPT -TYPEWRITER REPAIR/PRINTER LABELS-PARK & RECREATION DEPT/ENGINEERING DEPT 61202 HARRY ORTLOFF SOFTBALL OFFICIAL/FEES PAID 61203 P&M MANUFACTURING CO -HANDLES/WASHERS/GASKETS/WATER CLOSET PARTS-COMMUNITY CENTER 61204 PACE LABORATORIES INC LAB SUPPLIES-WATER DEPT 61205 PARK AUTO UPHOLSTERY SEAT REPAIR-EQUIPMENT MAINTENANCE 61206 PARK NICOLLET MEDICAL CENTER STESS TESTS-HUMAN RESOURCES DEFT 61207 PEPSI COLA COMPANY CHEMICALS-POOL OPERATION 61208 PERSONNEL POOL SERVICE-FINANCE DEFT 61209 CONNIE L PETERS MILEAGE-COMMUNITY CENTER 61210 PIONEER RIM & WHEEL CO AXLE-EQUIPMENT MAINTENANCE 61211 POWER PROCESS EQUIPMENT INC 0-RINGS-WATER DEPT 61212 PRAIRIE ELECTRIC COMPANY INC -TRANSFORMER & DOOR REPAIRS DUE TO -LIGHTNING DAMAGE-POLICE DEPT/INSTALLED 61190 61191 ( )2 61193 61194 61195 61196 61197 61198 61199 61200 61201 OFFICE PRODUCTS OF MN INC 949.86 37.74 360.40 135.00 5.00 235.80 59.80 76.75 199.95 147.00 1009.20 184.00 201.50 167.64 64.00 110.00 136.00 122.50 49.00 21.75 171.60 33.60 648.20 -POST LINE BALLAST & PUMP SEALS-COMMUNITY CENTER -KEYS/COPPER TUBING/PAINT BRUSHES/SPRAY -PAINT/DUCT TAPE/ANCHORS/BOLTS/EYE HOOKS/ -BULBS/WASHERS/NOZZLES/POWER OUTLET STRIP- COMMUNITY CENTER PLEXIGLASS/ROLLS OF PLASTIC-FIRE DEFT -SURGE PROTECTOR/BATTERIES/DRILL BITS/ -SCREWS/COVER PLATES/ANCHORS/PLUNGERS/TILE -ADHESIVE/GROUT/GLOVES/TAPE MEASURE/CAPS/ -GLUE/CORD/PLUG/CLAMP-ENGINEERING DEPT/ FACILITIES DEPT/COMMUNITY CENTER -PLIERS/HOSES/DUCT TAPE/TROUBLE LIGHT/ -NOZZLES/KEYS/ROLLERS/BELTS/ROPE/ROPE -HOOKS/WATERING CAN/SHOVELS/RAKES/HAMMER/ -LEVEL/TOOL BOX/CABLE/SOCKET SET-PARK -MAINT/POOL OPERATION/OUTDOOR CENTER/ FORESTRY DEPT -PAINT/BRUSHES/ROPE/STAPLES/SOCKETS! -SWITCHES/CONNECTORS/DRYWALL TAPE/WIRE/ CABLE-POLICE DEPT BROOMS-WATER DEPT -VELCRO/CLEANING SUPPLIES/HARDWARE/COPPER -PIPE/INSULATION/BOLTS/LOCKS/FUSES/HITCH -BALL/SCREWS/BRUSHES/GLOVES/PAINT/DRILL BIT-EQUIPMENT MAINTENANCE/STREET DEPT • 61213 PRAIRIE HARDWARE 61214 PRAIRIE HARDWARE 61215 PRAIRIE HARDWARE 61216 PRAIRIE HARDWARE 61217 PRAIRIE HARDWARE 61213 PRAIRIE HARDWARE 61219 PRAIRIE HARDWARE 81.34 63.41 143.40 386.75 303.56 45.85 236.56 638716 JULY 17.1990 61220 PRAIRIE HARDWARE -INSECT REPELLANT/HAMMER/LEVEL/HACKSAW/ 525.06 -CORKS/CLAMP LAMPS/HOSES/NOZZLE/CEMENT/ -BRACKETS/BATTERIES/HOOK/KEYS/TOOL BELT/ -TOOL BAG/JACK/GLOVES/SPONGES-SEWER DEPT/ WATER DEPT -PRINTING-EMPLOYEE NEWSLETTER-HUMAN 623.25 -RESOURCES DEPT/SENIOR NEWSLETTER-SENIOR PROGRAMS LIABILITY INSURANCE 458.00 -EMPLOYEE EVALUATION MATERIAL-HUMAN 450.00 RESOURCES DEPT BOOKS-AFTERNOON PLAYGROUND 51.13 -PLASTERED EDGE OF WADING POOL-COMMUNITY 350.00 CENTER -ZAMBONI BLADES SHARPENED/INSPECT ZAMBONI 76.80 ENGINE & EXHAUST-ICE ARENA-COMMUNITY CTR -WALKIE TALKIE/BATTERIES-WATER DEPT/CABLE- 139.02 POLICE DEPT DOOR REPAIR-FIRE STATION 247.50 -SERVICE-MITCHELL & RESEARCH ROAD 53267.95 -IMPROVEMENTS/MITCHELL RD EXTENSION FROM -BOULDER POINTE RD TO PIONEER TRAIL/ COUNTRY GLEN/WASTEWATER FLOW STUDY FOOTBALL CLINIC COACH/FEES PAID 200.00 PUMP-FORESTRY DEPT 92.40 FOOTBALL CLINIC COACH/FEES PAID 547.80 -ALTERNATOR REPAIRS/STARTER REPAIRS/DIESEL 604.10 ENGINE REPAIR-WATER DEPT/EQUIPMENT MAINT GAS-EQUIPMENT MAINTENANCE 8840.00 FOOTBALL CLINIC ASSISTANT COACH/FEES PAID 30.00 FOOTBALL CLINIC COACH/FEES PAID 175.00 -OFFICE. SUPPLIES-CITY HALL/WATER DEPT/PARK 199.67 MAINTENANCE/COMMUNITY CENTER -CLEANING SUPPLIES-FACILITIES DEPT/ 440.21 COMMUNITY CENTER LAB SUPPLIES-WATER DEPT 58.83 REFUND-OVERPAYMENT UTILITY BILLING 38.72 CALCULATOR-ENGINEERING DEPT 79.81 EXPENSES-SPECIAL TRIPS & EVENTS/FEES PAID 160.00 -CAP ASSEMBLY/KNOB/WATER PUMP REPAIR- 139.73 EQUIPMENT MAINTENANCE MILEAGE-FORESTRY DEPT 170.75 SPECIAL TRIPS/EVENTS/FEES PAID 135.00 FOOTBALL CLINIC COACH/FEES PAID 200.00 -SOCKET SET/SCREWDRIVERS/AIR TOOL OIL/ 281.30 WRENCHES/PLIERS-WATER DEPT EXPENSES-ADMINISTRATION 7.00 -EMPLOYMENT ADS-POLICE DEPT/COMMUNITY CTR/ 34.84 FACILITIES DEPT ADVERTISING-LIQUOR STORES 5:34.87 MILEAGE-FORESTRY DEPT 163.88 EXPENSES-CITY COUNCIL 108.41 -POWER SUPPLY/GUN RACK WITH LOCK/LENS 931.65 -FILTERS/GRILLE & DECK LIGHTS/SWITCHES/ -SWITCH CONTROL CENTER-POLICE DEPT/ TACTICAL LIGHTS-POLICE FORFEITURE-DRUGS 61221 PRAIRIE OFFSET PRINTING 61222 J A PRICE AGENCY INC 61223 PROFILE EVALUATIONS INC 61224 PROJECT ADVENTURE INC 61225 QUALITY POOLS & SPAS 61226 R & R SPECIALTIES INC 61227 RADIO SHACK 61228 RIDGE DOOR SALES & SERVICE INC 61229 RIEKE-CARROLL-MUI.UR ASSOC INC 61230 MARK RITTER 61231 ROAD MACHINERY & SUPPLIES CO 61232 CHUCK RODGERS 61233 ROGER'S SERVICE ( 34 ROLLINS OIL CO 61235 MARK RUEGEMER 61236 JOHN RYSKI 61237 ST PAUL BOOK & STATIONERY CO 61238 SANCO INC 61239 SCIENTIFIC PRODUCTS DIVISION 61240 JAN SCHOELER 61241 SEARS 61242 KERRY SETTER 61243 SHAKOPEE FORD INC 51244 AMANDA SJOQUIST 61245 SKATELAND 04 61246 LEE SMITH 61247 SNAP ON TOOLS CORP 61248 SOUTHWEST CORRIDOR TRANSPORTATION 61249 SOUTHWEST SUBURBAN PUBLISH INC 61250 SOUTHWEST SUBURBAN PUBLISH INC 51251 JOAN SPENCE 1i1252 STARS RESTAURANT 61253 CTRE1CHERS PROFESSIONAL POLICE EQ 7 )41338 61254 STRGAR ROSCOE FAUSCH INC 61255 SUBURBAN CHEVROLET (I .56 SUNDERLAND DISPENSING SERVICES 61257 SUPPLEE ENTERPRISES INC 61258 SWEET SHIRTS OF MINNETONKA 61259 T S HOWARD COMPANY 61260 TLC MARKETING 61261 TRIARCO ARTS & CRAFTS INC 61262 TWIN CITY TESTING 61263 UNIFORMS UNLIMITED 61264 VIDEOTRONIX INC 61265 VOSS ELECTRIC SUPPLY COMPANY 61268 WAGERS INC 61267 WALDOR PUMP & EQUIP CO 61268 WATERITE INC 61269 WATER PRODUCTS CO 61270 DIRK WELLS 61271 WENCK ASSOCIATES INC 6/q72 KEN WHITTENBERG .c.3 73 WILLIAMS MECHANICAL CONTRACTORS THE WORK CONNECTION 61275 VESSCO INC 61276 YOUNGSTEDTS INC 61277 NAEEM ZAFAR 61273 ZEE MEDICAL SERVICE 60672 VOID OUT CHECK 60742 VOID OUT CHECK 60748 VOID OUT CHECK 60773 VOID OUT CHECK 60864 VOID OUT CHECK -SERVICE-DELL ROAD & SCENIC HEIGHTS ROAD -STUDY/HIGHWAY 5 FRONTAGE ROAD/MITCHELL LAKE SANITARY SEWER -HYDRO BOOSTER/OIL PLUG/GASKET/LENSES/ SHIFT INDICATOR-WATER DEPT/EQUIPMENT MAINT -CONDENSOR MOTOR REPAIR-ROUND LAKE CONCESSIONS -MOP HEAD/AIR FILTERS/DOOR SWEEP/1ST AID SUPPLIES-LIQUOR STORE TREE INSPECTOR SHIRTS-FORESTRY DEPT TIRE SWING CABLES-PARK MAINTENANCE SHIRT IMPRINTING-AFTERNOON PLAYGROUND MARKERS-AFTERNOON PLAYGROUND SERVICE-GRAFFITI BRIDGE UNIFORMS-POLICE DEPT TAG POUCHES-POLICE DEPT -LIGHT BULBS/FLUORESCENT LIGHTS-FACILITIES DEPT -COMPUTER REPAIR DUE TO LIGHTNING DAMAGE- POLICE DEPT -METER/O-RINGS/WASHERS/REPAIR PARTS FOR -TIMBER LAKES LIFT STATION PUMP-$1114.130- SEWER DEFT SEALS/CHEMICALS-POOL OPERATION -CEMENT/GATE VALVE/SCREWS/HOSE/HYDRANT -NUTS/COUPLINGS/FITTINGS-SEWER DEPT/WATER DEPT/STREET DEPT FOOTBALL CLINIC COACH/FEES PAID MAY 90 SERVICE-FLYING CLOUD LANDFILL FOOTBALL CLINIC ASSISTANT MACH/FEES PAID I WATER HEATER & INSTALLATION-WATER DEPT SERVICE-PARK MAINTENANCE -V-BELTS/GASKET RINGS/MOTOR/RESISTORS/ -BUSHINGS/SCREWS/COTTER PINS/FLUORIDE FEEDER & ACCESS0RIES-$7512.00-WATER DEFT -TIRES/TIRE FLAPS/WHEEL ALIGNMENTS-WATER DEPT/EQUIPMENT MAINTENANCE REFUND-OVERPAYMENT UTILITY BILLING -1ST AID SUPPLIES-WATER DEPT/EQUIPMENT -MAINTENANCE/PARK MAINTENANCE/ROUND LAKE BEACH/RILEY LAKE BEACH/COMMUNITY CENTER 14124.29 456.46 181.70 30.07 369.32 321.00 80.00 14.41 515.90 1597.20 106.29 1406.48 58.00 893.26 41.90 531.77 125.00 15234.52 60.00 953.40 490.50 8748.16 771.54 50.91 402.55 400.00- 192.16- 410.00- 42.24- 225.94- 4629429 $827511.96 DISTRIBUTION BY FUNDS 10 GENERAL 331010.63 11 CERTIFICATE OF INDEBT 182.75 15 LIQUOR STORE-P V II 68295.88 17 LIQUOR STORE-PRESERVE 41445.69 21 POLICE DRUG FORFEITURE 488.72 22 STATE AID CONST 2115.14 31 PARK ACGUIST & DEVELOP 36620.00 33 UTILITY BOND FUND 1383.19 44 UTILITY DEBT FUND 75.00 45 UTILITY DEBT FD ARE 185.02 51 IMPROVEMENT CONST FD 258370.11 57 ROAD IMPROVEMENT CONST FD 2303.45 73 WATER FUND 76026.14 77 SEWER FUND 4345.49 80 POLICE CONFISCATED FDS 42.24 81 TRUST & ESCROW FUND 4469.67 86 PARK FROG-CONTRIBUTIONS 4.09 ( CDBG FUND 148.75 ‘ $827511.96 July 9, 1990 Memorandum To: Mayor & City Council CC: C. Jullie C. Enger From: B,D&D Partnership Subject: MUSA Line Analysis This is to express our appreciation for the detailed analysis of MUSA Line Options for southwestern Eden Prairie. Please be advised that we strongly support Option One and do support all three Options. MEMORANDUM TO: Mayor and City Council FROM: David Lindahl, Planner THROUGH: Chris Enger, Director of Planning DATE: June 20, 1990 SUBJECT: MUSA LINE ANALYSIS City Staff has been analyzing the possible impacts of extending the Year 2000 Metropolitan Urban Service Area Line (MUSA). This memo addresses a variety of questions associated with the 2000 MUSA line including whether increasing the supply of urban land before 2000 will be necessary. EXECUTIVE SUMMARY: Three models were analyzed in order to determine if Eden Prairie's urban land supply is adequate to 2000. The first model is used by the Metro Council for evaluating local communities land supply status. This model uses Metro Council growth forecasts to determine land supply and demand. The second model was developed by Staff and applied various growth rates generated from historical trends to a residential land absorption spreadsheet. This model indicates when the supply of residential land within the MUSA will be exhausted. The third model shows when the supply of larger parcel residential land (25+ acres) within the MUSA will be depleted. The information from this analysis suggests that increasing Eden Prairie's land supply before 2000 could aid in facilitating development in the 1990's. However, it is not clear as to when a MUSA line expansion will be necessary or how much the line should be moved. One option would be to continue approving small expansions per request similar to the 40 acre approval granted by the City Council in 1989 for the Schroers and Jamestown developments. This would facilitate development on a per request basis which averts the issue of needing to extend utilities too far, too soon. This option will allow the City to respond to MUSA expansions as they are submitted which should effectively deal with the issue of when a MUSA expansion is necessary and how much the line should be moved. Another option is to expand the line south to Pioneer Trail and add another 317 acres of urban land to the MUSA. This option would facilitate large tract developments by increasing the supply of "large parcel" urban land. It would also allow the City to assess the costs of future road improvements, le, Dell Road, on an area-wide basis. Amending the Southwestern Development Phasing Study by logically extending the western phasing/sub-areas into this new section of land would dissuade premature development and maintain an orderly extension of utilities and development in southwest Eden Prairie. The least feasible option would be to attempt to extend the MUSA line to include the entire balance of rural land (1,236 acres) in Eden Prairie. The City could not substantiate increasing its supply of urban land by that amount, and it would be more difficult to maintain orderly growth. MUSA LINE EXTENSION BEFORE YEAR 2000? Three different approaches were used to determine if Eden Prairie's urban land supply is adequate to the year 2000. The first approach utilized is that developed by the Metropolitan Council for determining when communities are eligible for MUSA line extensions according to the Metropolitan Development and Investment Framework Manual (MDIF) policies. This method takes housing unit forecasts from 1990 to 2000 divided by the expected density to forecast residential land demand. Commercial land demand is determined using ratios of acres to employees and historical land use growth trends. Historical trends are also used to determine public and park land demand. Charts 1, 2, 3, and 4 on page 5 illustrates the Met Council method for determining adequate urban land supply. Staff applied Eden Prairie's most current housing unit forecasts (low, median, and high range) to this model to determine residential land demand from 1990 to 2000. Met Council forecasts were used for all other land uses including commercial. Two different density figures were used to calculate residential land demand, including the current city wide average density of 2.7 units per acres (U/A). A lower density of 2.5 U/A was used to reflect a gradual decrease in housing density due to the balance of undeveloped residential land being designated predominantly for low density residential. The Met Council MDIF states that, "The urban service area should at all times include enough extra developable land to accommodate the forecasted demand for urbanization," and that, "The urban service area should at all times include enough extra developable land for an additional five years of urbanization. This oversupply of land is provided to allow for choice to accommodate slight lead variations in the projected growth rates, to provide lead time for planning and construction of public services, and to dampen any tendencies toward inflation of land prices caused by shortages of developable land due to unwilling sellers." The five year overage condition is calculated by taking half of the total projected land demand from 1990 to 2000. If the current average residential density of 2.7 U/A is applied to the Met Council forecasts, Eden Prairie would have 276 acres of land demand over supply (see last line of Chart 4, demand over supply). Using the same density with Eden Prairie's forecast range of housing units indicates land demand over supply between 213 to 251 acres. These figures indicate that when even the most conservative land demand forecasts are applied to the Met Council model that Eden Prairie would currently be eligible to increase its urban land supply by 213 acres. Chart 5 on page 6 is a residential and commercial land inventory chart for the City of Eden Prairie as of April 1, 1990. This chart shows the number of acres of unplatted-rural land that are available for development; land zoned and platted but not built and available for development; and land zoned and built and not available for development, both inside and outside the current 2000 MUSA line (urban vs. non-urban land). There are currently a total of 3,837 acres of residential and commercial land available for development within the 2000 MUSA, with 2,645 acres of residential land and 1,192 acres of commercial land. Of the 2,645 acres of residential land available for development within the MUSA, 1,793 acres are unplatted and zoned rural, and 852 acres are zoned and platted lots that arc not built. Eden Prairie has 5,674 acres of land zoned and built for residential development, which indicates that 68.2% of all residential land within the 2000 MUSA is developed. 2 • This data was used to developed a model for projecting population and residential land absorption using historical growth trends and total residential land capacity. Various growth rates are applied to the model which then calculates the amount of residential land absorbed annually and also determines when the City will reach its total population. Different growth rates based on historical trends were used in order to project a range in future population instead of a fixed number. This is a reasonable method of projecting population in Eden Prairie since most of our population growth is attributed to in-migration. A low range growth rate was established by using the average growth rate within a fifteen year period from 1970 to 1985. The high rate used the average growth rate within a ten year period from 1975 to 1985. Eden Prairie experienced a variety of fluxuations in market conditions during these growth periods including times of high inflation and deep recession. Dividing the total number of acres available for residential development within the MUSA line (2,645) by the average growth in acres annually for the low (184), median (213), and high (242) projections, shows the following number of years of residential land supply: 1) Low Rate - 14 years supply 2) Median Rate - 12 years supply 3) High rate - 11 years supply This method of calculating land supply assumes that residential growth in the 1990's will occur evenly throughout the City. However, this is unlikely since a large percentage of the residential land available for development is either platted lots or smaller parcels 25 acres or less. There is also demand for large parcels of land (25 + acres) for tract housing which in the past has represented a significant proportion of all residential permits issued on an annual basis. The final method examined accounts for the demand for large tract developments within the MUSA. A model was developed which shows when the supply of larger parcel residential land will be depleted. Of the 2,645 acres of developable residential land within the MUSA approximately 900 acres are made up of larger parcels of 25 acres or more. Assumptions about the proportion of large parcel vs. small parcel developments were made from historical trends of the 1980's. Staff assumed that the proportion of demand for large parcel developments was between 40% and 60%. Chart 6 on page 7 shows that if 60% of the total residential land demand is for larger parcel developments in a high growth scenario, the City will exhaust its supply of large parcel land between 1996 and 1997. Applying the same percentage to the low growth scenario exhausts the supply of large parcel land between 1998 and 1999 (see chart 7 page 7). Chart 8 and 9 on page 7 show that if 50% of the land is designated for large parcel development that the large parcel supply of land will be exhausted between 1997 and 1998 in the high growth scenario, and between 1999 and 2000 in the low growth scenario. Charts 10 and II on page 8 show that if 40% of the land is designated for large parcel development that the land supply will be exhausted between 1999 and 2000 for the high rate, and between 2002 and 2003 for the low rate scenario. This model demonstrates that unless the demand for large parcels of land is 40% or less of the total residential land available within the MUSA, that the supply of land for large tract housing will be exhausted before 2000. It could become increasingly difficult for the City to facilitate large tract developments throughout the 1990's without increasing the supply of urban land sometime before 2000. 3 [7-) HOW MUCH BEFORE 2000? The information presented thus far suggests that increasing the City's urban land supply could aid in facilitating development in the 1990's, and would likely be approved by the Metropolitan Council. It is clear that when examining this issue from a supply vs. demand position that a MUSA line expansion will be beneficial to the City sometime before the year 2000. It is not clear as to when a MUSA line expansion will be necessary or how much the line should be moved. One option would be to continue approving small expansions per request similar to the 40 acre approval provided by the Council in 1989 for the Schroers and Jamestown developments, or for the additional 40 acre request recently submitted for review for the Schroers PUD. This would facilitate development on a per request basis which averts the issue of needing to extend utilities too far, too soon. This option will allow the City to respond to MUSA expansions as they are submitted which should effectively deal with the issue of when a MUSA expansion is necessary and bow muck the line should be moved. Another option is to expand the line south to Pioneer Trail and add another 317 acres of urban land to the MUSA. Choosing this option would facilitate large tract developments by increasing the supply of "large parcel" urban land. It would also help the City remain competitive in the regional residential development market. The City of Chanhassen is currently proposing to add approximately 2,000 acres of rural land to their urban land supply, which could place Eden Prairie at a competitive disadvantage in the residential market. This option also allows the City to assess the costs of future road improvements, ie, Dell Road, on an area-wide basis. Amending the Southwestern Development Phasing Study by logically extending the western phasing/sub-areas into this new section of land would dissuade premature development and maintain an orderly extension of utilities and development in southwest Eden Prairie. The least feasible option would be to attempt to extend the MUSA line to include the entire balance of rural land (1,236 acres) in Eden Prairie. The City could not substantiate increasing its supply of urban land by that amount, and it would be more difficult to maintain orderly growth. 4 CHART 1 HOUSING UNIT FORCASTS: 1980 1950 MOO CHANGE 10-90 CHANGE 90-309 PP Low Rug.- 6,210 15.555 19,973 9.365 4.311 6,220 15515 20.637 9,365 5,052 133. . ilaeRa - 6.220 15.515 21.303 9.365 5,715 Metro Canned - 5,3113 13.000 17,500 7,617 4.502 • *990-30019 forcasu are frees tho April 1990 revleed populatloo proyeetiona. Edam Politic tued Met Caused fauns for all other WM DEMME USED TO CALCULATE RESIDENTIAL DEMAND: Met Coat* 191016 1990 - 40 USA 1990 - EXO - 27 U/A Eden Praline 191016 1990 - 2.7 USA (April 19901...erne) 7-5 USA (expected) Met Council ealenlater reatidenlial land deemed by dividiro thaw in expected household@ from 1990 to 2000. by sver.R9 thumilY. CHART 2 LAND DEMAND BY DECADE (ACRES): 1980 - 2000 1960-1990 I990- 2003 '016n61, Run • , LOW RION MC EP EP MC EP EP EP EP EP EP ; Mils Per Atm - 4 2.7 2.5 2.7 2.7 2.5 2.7 2.5 - 17 2.5 Reaideotial- I. 3,469 3.746 1.667 1625 1.755 1.171 2.021 2.117 2.286 Counoselal/Office - 350 362 362 250 250 250 250 250 250 250 Industrial- 600 588 585 300 300 3013 390 300 300 300 Public- 45 45 45 40 40 40 40 40 40 40 WOGS & Alleys - 575 575 575 395 395 395 395 395 395 395 Porta - ZO 200 290 90 90 90 90 90 90 90 'TOTALS- 3,670 5.239 5.316 2.742 2.700 WOO 2.946 3,096 3.192 3,361 aART 3 LAND DEMAND TOTALS: 1980 - 2000 Growth Ras.. LOW MEDIAN HIGH A114947 - MC MC EP EP OP OP EP EP DMiliell - 4 2.7 2.7 2.5 2.7 2.5 2.7 2.5 19110-90 Demand - 3,670 3,670 1,239 5.516 5.239 5,516 5,239 5516 1990-2000 Deanna - 2.315 2,742 2,700 2.130 2,946 3,096 3,192 5.361 S Yr. °venue - 1.157 1,371 1,350 1.41$ 1.473 1.548 1.596 1.681 19'2003 Oemand*Overa ge - 7,142 7,783 9,289 9,761 9,658 _ 10.160 10,026 10.551 CHART 4 DEMAND OVER SUPPLY: 1990 - 2000 Oromb Roue - LOW MEDIAN HIGH 4.9.7 - MC MC EP Er EP @ EP F2 Daudica - 4 2.7 2.7 2.5 2.7 2.5 2.7. 2.5 _ 1990- 2000 Doused - 2,315 2,742 2.700 2.530 2,946 3.096 3.192 3,361 5 Yr. Oven ie - 1.157 1.371 1.350 1.415 1.473 1.548 1.596 1.611 Demand & OveraRe - 3.472 4,113 4.050, 4.245 4,419 4.644 4,701 5.042 5/90 land Supply - 3,637 3,137 3.831 3.837 3.137 I 3.957 3.137 3.837 Demand over Supply - -365 276 213 408 582 807 951 1,205 CHART 1 - 4: Eden Prairie Land Supply & Demand Calculations - The Metro Council Method 5 CHART 5: Residential and Commercial Land Inventory Chart April 1990 CHART 5 Land Available Zoned Rural % Of Total - Land Available Zoned-Platted But Not Built % Of Total Total Lend Available % Of Total Land Not Available Zoned ift Built % Of Total Total Land Inside MUSA % Of Total Land Available Outside MUSA Zoned Rural % Of Total Land Available Outside MUSA Zoned-Platted Total Land Outside MUSA % Of Total Total Land % Of Total LAND USE RL 0-2.5 U/A 1,428 6.2% 810 3.5% 2.238 9.7% 4.798 20.8% 7,036 30.6% 1.225 5.3% II 1,236 5.4% 8,272 35.9% RN 2.5-10 U/A 303 1.3% 42 0.2% 345 1.5% 666 2.9% 1.011 4.4% 0 0.0% 0 0 0.0% 1,011 4.4% RH 11-40 11/4 62 0.3% 0 0.0% 62 0.3% 210 0.9% 272 1.2% 0 0.0% 0 0 0.0% 272 1.2% TOTAL RESIDENTIAL 1,793 7.8% 852 3.7% 2,645 11.5% 5.674 24.6% 8.319 36.1% 1.225 5.3% 11 1.236 5.4% 9.555 41.59 Industrial 317 1.4% 154 0.7% 471 2.0% 1,010 4.4% 1,481 6.4% 0 0.0% 0 0 0.0% 1,481 6.3% Commercial 298 1.3% 90 0.4% 388 1.7% 316 1.4% 704 3.1% 0 0.0% 0 0 0.0% 704 3.1% Office 205 0.9% 128 0.6% 333 1.4% 312 1.4% 645 2.8% 0 0.0% 0 0 0.0% 645 2.8% • TOTAL COMMERCIAL 820 3.6% 372 1.6% 1,192 5.2% 1,638 7.1% 2,830 12.3% 0 0.0% 0 0 0.0% 2,830 12.3% GRAND TOTALS 2,613 11.3% 1,224 5.3% 3,837 16.7% 7.312 _ 31.8% 11,149 48.4% 1,225 5.3% 11 1,236 _5.4% 12,385 53.8 • Total Commercial Represents Industrial, Office, and Commercial Land. RL = Low Density Residential. RN = Mechem Density Residential. RH = High Density Residential. = Units Per Acre. MUSA = Metropolitan Urban Service Area. Percentages were determined by dividing acreage by 23,027. the total number of acres in Eden Prairie. • u ILL / - LOW 1.91il.P.9 1 11 .0 n..1:i.A11111 % - 40% LARGE TRACT VS SMALL 60% -40% LARGE TRACT VS SMALL LARGE LARGE ACRES ACRES TRACT SMALL ACRES 1 ACRES TRACT SMALL YEAR POP BUILT AVAILABLE 23 • TRACT YEAR POP Butur I AVAILABLE 25 • 39.493 3.674 2.645 900 1.745 1990 39.485 1674 I 2.645 211 164 1 40.995 5,881 2.431 "712 1.659 1991 40.635 5.833 I 2.481 rot I 1.679 992 215 12.485 6.103 229 2,216 643 1.573 1992 165 41.7135 6.003 17$ 2.316 703! 1.613 598 1 1.543 993 43,985 6,330 1.9811 1,482 1993 42.935 6.177 2.141 237 112 946 45.435 6.567 1,751 364 1.337 1944 44 .099 6.359 1,959 488 1.471 238 192 995 16.985 6.1305 239 1.313 221 1.292 1595 49,235! 6.541 I 113 1,777 379! 1.391 1996 48,485 7,043 1,274 77 1,197 1996 46,385 6,724 1,594 2691 1.325 239 184 1997 49,985 7.283 1,035 -66 1,101 1997 47,535 I 6,907 1,110 159 1.251 240 1114 .998 51.415 7.523 795 -210 1.005 1998 48,685 7,092 1,226 49 1,177 247 185 1999 52.985 7,770 $49 -358 906 1999 r49,a35 7,276 1,041 1,103 263 116 54.485 9.033 295 -516 801 2000 50,9851 7.4621 855 -174 1.029 TRACT 9951 2,745 :HART 8 - HIGH GROWTH SCENARIO 09 - 30f LARGE TIZAC7 V3 SMA U. . 7.. LARGE ACRES ACRES TRACT SMALL YEAR POP BUILT AVAILABLE 25 • TRACT 1990 39.40 5.674 2,645 9C0 1,743 214 1991 40985 5.998 2.431 793 1.638 215 1992 12.115 6.103 2.216 616 1.551 228 1993 13,995 6,330 1,998 572 1,417 237 1994 15,415 6.567 1,751 453 1,290 230 i 995 46.9135 6,305 1.513 334 1.179 239 1996 19,415 7,043 1,274 215 1,060 239 1997 49,985 7,283 . 1,035 95 940 1998 51,485 7,523 795 ^25 820 .. 247 1999 52.985 7,770 548 -149 697 263 xl 54,499 3.033 283 -306 591 CHART 9 - LOW GROWTH SCENARIO 50% - 50% LARGE TRACT VS SMALL LARGE ACRES ACRES TRACT SMALL YEAR POP BUILT AVAILABLE 25 • TRACT 1990 39.485 5.671 2.640 900 1.745 164 -.- 1991 40.635 5.931 2,481 111 1.663 165 1992 41,785 6.003 2,316 '736 1.511 175 1993 42.935 6.177 2.141 646 1.193 182 1994 44.005 6.359 1,959 557 1.402 112 1995 45,235 6.549 1,777 466 1.311 113 1996 46.3115 6,721 1.594 375 1.720 184 1997 47,535 , 6,907 1.410 213 1.1211 184 1998 48,685 7,092 1.226 191 1.036 185 943- 1999 49,835 7,276 1,041 98 186! 2000 50,985 7,462 855 -14 869 :HARTS 6 - 9: Large vs. Small Tract Residential Development Projections '7 CHART 10 - HIGH GROWTH SCENARIO MR - 60% LARGE TRACT VS SMALL LARGE ACRES ACRES TRACT SMALL YEAR POP BUILT AVAILABLE 25 • TRACT 1990 39.485 5.674 2.645 900 1,745 214 1991 40.9115 5.1118 2.431 814 1.657 215 1992 42.485 6,103 2.216 728 1.4811 228 1991 43.985 6.330 1.981 637 1.351 237 1994 45,435 6.567 1,751 542 1,209 238 4. 46,985 6,805 1.513 447 2,066 239 1996 48.485 7.043 1,274 352 922 239 1997 49.985 7.283 1.035 256 779 240 1991 51,485 7.523 795 160 635 247 1999 52,985 7,770 548 61 487 263 2000 54,485 8,033 285 329 CHART 11 - LOW GROWTH SCENARIO 40% - 60% LARGE TRACT VS SMALL LARGE ACRES ACRES TRACT SMALL YEAR POP BUILT AVAILABLE 23. TRACT 1993 39.4115 5,674 2.645 900 - 1.745 164 1991 40.635 5.138 2.411 134 1,647 165 1992 41,755 6,093 2.316 768 1.5411 175 1993 42.935 6.177 2.141 691 1,443 132 1994 44.085 6.359 1,959 626 L 1.333 112 1995 45.235 6.541 1,777 553 1.224 1113 1996 46.385 6,724 1,594 410 1,114 104 , 1997 47.535 6.907 1,410 406 LON 114 1998 40.635 7,092 1,226 332 194 185 1999 49,035 7,276 1.011 258 783 136 2000 50.985 7,462 355 184 671 181 2001 52.135 7.643 674 112 562 203 200'2 53,285 7,846 471 441 2003 54,435' 8,254 267 -51 318 CHARTS 10 - 11: Large vs. Small Tract Residential Development Projections 8