City Council - 03/19/1985 EDEN PRAIRIE
CITY COUNCIL AGENDA
TUESDAY, MARCH 19, 1985 7:30 PM, SCHOOL ADMINISTRATION
BUILDING BOARDROOM
COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson,
George Bentley, Patricia Pidcock and
Paul Redpath
CITY COUNCIL STAFF: City Manager Carl J. Jullie; Assistant
to the City Manager Craig Dawson; City
Attorney Roger Pauly; Finance Director
John Frane; Planning Director Chris
Enger; Director of Community Services
Robert Lambert; Director of Public
Works Eugene A. Dietz, and Recording
Secretary Karen Michael
PLEDGE OF ALLEGIANCE
ROLL CALL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. MINUTES
A. Minutes of City Council meeting held Tuesday, January Page 650
2 L 1985
B. Minutes of City Council meetinq held Tuesday, February Page 666
5, 1 885
III. CONSENT CALENDAR
A. Clerk's License List Page 67B
B. A2prove plans and _specifications for signal installation Page 680
at Prairie Center Drive and TH 169 and authorize— bps to be
received at lU 00 AM=April 1985, I.C. 5 -398
Resolution No. 85-75)
IV. PUBLIC HEARINGS
A. RESEARCH FARM ADDITION by Northrup King. Request for Page 5B5 &
Comprehensive Guide Plan Amendment from Sports Center, 68I
Low Density Residential and High Density Residential
to Regional Commercial, Office, Industrial, and Multiple
Residential, for 189+ acres. Location: West of Highway
#169 at Anderson Lakes Parkway. (Resolution No. 85-53 -
Approving Comprehensive Guide Plan Amendment) Continued
Public Hearing from March 5, 1985
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City Council Agenda - 2 - Tues.,March 19, 1985
B. RED RDCK HEIGHTS by Jerry Haimrast and Bill Gilk. Request Page 682
for Zoning District Change from Rural to R1-13.5 for 22.6
acres, and Preliminary Plat of 33.9 acres into 50 lots and
three outlots. Location: South of Scenic Heights Road,
east of County Road No. 4. (Ordinance No. 7-85 - Rezoning
from Rural to R1-13.5; Resolution No. 85-69 - Preliminary
Plat)
C. Feasibility Report for Sanitary Sewer in the Paulsen`s and Page 702
Apple Groves Additions, I.C. 52-006 L solution No. 85-76
V. PAYMENT OF CLAIMS NOS. 19081 _ 19335 Page 703
VI. ORDINANCES & RESOLUTIONS
A. Findings and Conclusions relating to the request of Welcome Page 709
Home to operate a licensed residential facility (Continued
from 'February 5, 198bj —
B. Preliminary a royal of Municipal Industrial Development Page 715
onds for Roberts Litho HBP Partnership) in the amount of
1,700,000. D Resolution No. 85-77)
VII. PETITIONS, REQUESTS & COMMUNICATIONS
VIII. REPORTS OF ADVISDRY COMMISSIONS
IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS-
A. Reports of Council Members
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B. Report of City Manager
1. Advisory panel to review property valuations Page 720
C. Report of City Attorne
X. NEW BUSINESS
IX. ADJOURNMENT
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UNAPPROVED MINUTES
d, EDEN PRAIRIE CITY COUNCIL
TUESDAY, JANUARY 22, 1985 7:30 PM, SCHOOL ADMIMISTRATION BOARDROOM
COUNCIL MEMBERS: Mayor Gary D. Peterson, Richard Anderson, George
Bentley, Patricia Pidcock, and Paul Redpath
CITY COUNCIL STAFF- City Manager Carl J. Jullie, Assistant to the
City Manager Craig Dawson, City Attorney Roper
Pauly, Finance Director John D. Frane, Planning
Director Chris Enger, Director of Community
Services Robert Lambert, Director of Public
Works Eugene A. Dietz, and Recording Secretary
Karen Michael
PLEDGE OF ALLEGIANCE {
ROLL CALL: All members were present (Council member Anderson arrived at 7:45 p.m.) jI
MOTION: Redpath moved, seconded by Pidcock,, to refer to members of the Council I
as Council members rather than Councilmen, etc Motion carried with Bentley voting
,.no. !
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Continue item IV. A. Bluffs West 5th Addition to February 19, 1985,
The following items were added to the Consent Calendar: III. P. Hidden Glen
final plat and III Q. Hidden Glen 2nd final plat.
Move item III. L. to VIII. B. Resolution No. 85-35 rantinq reliminar
approval for Munici a Ln ustrial Development on s in the amount of 1, 00 000.00
for HBP Partnership Roberts Lit o .
Add: item XI. A. Discussion of Invocation.
MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and
Other Items of Business as amended and published. Motion carried (Anderson
did not vote on this item.)
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City Council Minutes -2- January 22, 1985
II. MINUTES
A. City Council Meeting held Tuesday, November 6, 1984
MOTION• Bentley moved, seconded by Redpath, to approve the Minutes of
the City Council Meeting held Tuesday, November 6, 1984 as published.
Motion carried unanimously. (Anderson did not vote on this item.)
B. City Council Meeting held Tuesday, November 20, 1984 I
MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of
the City Council Meeting held Tuesday, November 20, 19B4, as published.
Motion carried unanimously. (Anderson did not vote on this item.)
.III. CONSENT CALENDAR }
A. Clerk's License List
B. Approve advertising for bids for Franlo Park and Eden Valley Park
C. 2nd Reading of Ordinance No. 138-84, adopting Appendix E, an optional
appendix to the State Building Code
D. Receive Bluffs West Vicinity storm sewer feasiblilit report and set
public hearing for February 19, 1985, at 7:30 p.m. Resolution No. 85-25)
E. Change Order #1, County Road 1 Utility Improvements, I.C. 52-062
F. Receive petition for sanitary sewer improvements to serve Apple Groves
and Paulsen's 2nd Addition and authorize re aration of a feasibilit
report, I.C. -061 (Resolution No. 8 - 6
G. Final Plat approval for Huirfield Addition (Resolution No. 85-27)
H. Final Plat approval for Muirfield 2nd Additon (Resolution No. 85-29) j
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I. Preliminary and Final Plat Approval for Primeland 2nd Addition (Resolu-
tion No. 85-24 - preliminary plat and Resolution No. -28 - final plat)
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J. Set Public _H ruing to consider Street name change, Birch Island Road
etw6 een E3envale oulevard and CKnty Road 67, for February 19, 1985
at 7:30 p.m.
K. Request for amendment to Developer's Agreement for the Hartford site
L. Resolution No. 85-35, granting preliminla apa royal for Municipal Indus-
trial Development Bonds in the amount of $1 700 000.00 for HBP Partnership
Roberts Litho - moved to item VIII. B.
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City Council Minutes -3- January 22, 1985
M. CITY WEST BUSINESS CENTER PHASES III & IV, by Ryan Construction. 2nd
Reading of Ordinance No. 124-84-PUD-11-8T, Planned Unit Development
District Review and Zoning District change from Rural to PUD-11-84-I-2-Park 1
for 12.47 acres: approval of Developer's Agreement for City West Business j
Center Phases III and IV, and adoption of Resolution No. 85-33, approving
Summary of Ordinance No. 124-84-PUD-11-84 and ordering publication of said
Summary. Location: north of Shady Oak Road, west of City West Parkway.
(Ordinance No. 124-84-PUD-11-84 - rezoning to PUD-il-B4-I-2-Park and Reso-
lution No. 85-33 - authorizing publication of Summary)
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N. EDEN PRAIRIE APARTMENTS, by David Ames, 2nd Reading of Ordinance No.
1 -84, amen ina Ordinance No. 241 within RM-2.5 District for 6,6 acres,
approval of Developer's Agreement for Eden Prairie Apartments, and adop-
tion of Resolution No. 85-34, approving Summary of Ordinance No. 122-84
and ordering publication of said Summary. Location: north of Valley
View Road, west of Golf View Drive. (Ordinance No. 122-84 - amending
Ordinance No. 241 within RM-2.5 District and Resolution No. 85-34 -
authorizing publication of Summary)
0. BLUFFS EAST 3RD ADDITION, by the Bluffs Company. 2nd Readina of Ordinance
o. 128-84, amending Or8inance No. 107-84 for Zoning District change from i
R1-13.5 to R1-9.5, approval of Amendment to Developer's Agreement for Bluffs
East 3rd Addition, and adoption of Resolution No. 85-32, approving Summary
.of Ordinance No. 128-84 and ordering publication of said Summary. Location:
west of Franlo Road, east of Meade Lane. (Ordinance No. 128-84 - rezoning
from R1-13.5 to R1-9.5 and Resolution No. 85-32 - authorizing publication
of Summary)
P. Hidden Glen Final Plat (Resolution No, 85-37)
Q. Hidden Glen 2nd Final Plat (Resolution No. 85-38)
MOTION: Redpath moved, seconded by Anderson, to approve items A - K and
M - Q on the Consent Calendar. Motion carried with Bentley voting "no" on
item "0."
IV. PUBLIC HEARINGS
A. BLUFFS WEST 5TH ADDITION by The Bluffs Company. Request for Zoning
bistr�ct cFange r—om-171=22 to R1-13.5 for 14.5 acres and preliminary plat
of 14.5 acres into 32 single family lots. Location: south of Riverview
Road, east of West Riverview Drive, (Drdinance No. 106-84 - zoning and
Resolution No. 84-215 - preliminary plat) Continued Public Hearing from
October 2, 1984,
MOTION: Redpath moved, seconded by Bentley, to continue this Public
Hearing to the February 19, 1985, Meetinq of the City Council at which time
a Public Hearing on the storm drainage feasbility report will also be held.
Motion carried unanimously.
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City Council Minutes -4- January 22, 1985
B. Public Hearing for the Removal of Diseased Trees on Private Property.
by City Con tract�Resolution No. 85-31
City Manager Jullie said notice of this Public Hearing had been pub-
lished and all property owners listed on the preliminary assessment
roll had been sent notices.
City Forester Fox referred to his memorandum of January 15, 1985, in
which this matter was addressed and noted changes which had occurred.
John Liepke, 15208 Scenic Heights Road, indicated the problems he has
in attempting to remove his trees which would affect NSP and cable lines.
Bentley suggested this problem be worked out between Fox and Liepke.
MOT10N: Bentley moved, seconded by Redpath, to close the Public Hearing
and to adopt Resolution No. 85-31, ordering a public improvement for the
removal of diseased elm trees with the changes as noted this evening.
Motion carried with Anderson abstaining.
C. Street name change: South Shore Drive between Ticonderoga Trail and
Muir iel ddition Ordinance No. 1=85
City Manager Jullie indicated notice of this Public Hearing had been
published and residents affected by this change had been notified by
mail.
Director of Public Works Dietz stated the proposal is to change the
street name of South Shore Drive between Ticonderoga Trail and the new
Muirfield Addition to the name Winchester Lane. This change would help s
avoid future conflicts with the the same street name applied to two
disjointed streets.
Pidock said she felt it was too bad to have to change the street name.
Bentley asked what contact had been made with the residents who would be
affected. Dietz said those affected had been sent a letter regarding this
Public Hearing; he was aware of only one call regarding this matter.
Redpath said it was his understanding that not too many homes would be
affected; he thought there might be some affect on the residents of the
eastern portion of South Shore Lane also.
Dick Hawkins, 18099 South Shore Lane, expressed concern regarding the
cost of changing the name of the street. He said it would cost a minimum
of $500 for those self-employed persons on South Shore Lane to make the
necessary changes to letterhead, etc.
Sandy Forsman, 18180 South Shore Lane, said the residents of this neighborhood
have not experienced any problems in getting emergency help due to the name
of the street.
Paul Armsmore, South Shore Lane, also voiced concern about the forms which
a self-employed person would have to change should there be a street name
change.
City Council Minutes -5- January 22, 1985
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Marie Gunderson, 18220 South Shore Lane, said she was offended by the
fact that comments had been voiced that new residents would be least
affected by the change -- she said she had lived at this address for
three years but some of the residents have lived there for ten years,
She noted there are many disjointed streets in the metropolitan area, i
There was discussion by the Council as to the effect of a name change
on the residents living on the eastern portion of South Shore Lane
as well as those in the area under discussion. It was noted that the j
residents of the eastern portion of South Shore Lane (that area east
of Duck Lake Road) had not been notified by mail of tonigh's Public
Hearing.
Peterson asked what the rationale was for the name change. Jullie said
there was a potential for a problem, particularly in regard to emergencies
in the area; and,if a change were to be made, the time would be now.
Anderson suggested the name be changed to East and West South Shore }
Lane over a period of time. Jullie said changing the drive, trail,
etc, portion of a street name causes confusion; he noted that the same
problems arise with north, south, east, and west designations.
Pidcock asked if the east and west portions of South Shore Lane would
ever be extended. Dietz said they would not.
Bentley suggested Staff meet with residents and a solution, He said he
could sympathize with the people and their business problems relating
to a name change.
Dietz said there was no particular advantage to having the street
designated West South Shore Lane and East South Shore Lane,
Jim Ostenson, Tandem Corp., developer of Muirfield, said they had a
problem in getting a building permit because the final plat has not been
filed -- the street name is necessary prior to the filing,
MOTION: Pidcock moved, seconded by Bentley, to leave the street name
as South Shore Lane,
Bentley said he would like to have this item continued so Staff could
meet with the residents, He said Staff had presented some valid concerns
and so had the residents.
Peterson said he felt the east/west designation would help to differentiate
the areas of South Shore Lane.
Bentley said he would like to see the residents of the eastern portion
of South Shore Lane notified of a Hearing so they could have some input,
Anderson indicated he could live with the east/west designation.
THE MOTION WAS WITHDRAWN,
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City Council Minutes -6- January 22, 1985
MOTION: Pidcock moved, seconded by Redpath, to close the Public Hearing
and to give 1st Reading to Ordinance No. 1-85. changing the name of South
(, Shore Lane between Ticonderoga Trail and Muirfield Addition to South
Shore Lane West. Motion carried unanimously, j
D. EASEMENT VACATION IN MUIRFIELD ADDITION (Resolution No. 85-30)
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City Manager Jullie indicated notice of this Public Hearing had been
published,
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Director of Public Works Dietz noted this was a housekeeping item; the
subject easement was no longer necessary.
There were no comments from the audience,
MOTION: Redpath moved, seconded by Anderson, to close the Public
Hearing and to adopt Resolution No. 85-30, vacating the right-of-way
and utility easement in the northwest < of the northeast ; of Section 7,
Motion carried unanimously,
E. TRANSFER OF COMMUNITY.DEVELOPMENT BLOCK FUNDS. Transfer of CDBG funds
rom a contingency account to acquisition o real property account for
construction of senior housing..
City Manager Jullie said notice of this Public Hearing had been published
and called attention to Steve Durham's memorandum of January 17, 1985,
in which the matter was addressed, Jullie noted that final action to
reprogram the funds will occur at a later date when specific details of
this program are defined.
Bentley asked if the appropriated fund would be available at a later date
for something else. Enger said the fund could be reprogrammed at a later
date. He noted the County has now put timelines on these funds; the County
had suggested the City place these funds in an contingency account.
There were no comments from the audience,
MOTION: Redpath moved, seconded by Pidcock, to close the Public Hearing
and direct the transfer of CDBG funds from a contingency account to an
acquisition of real property account for the construction of senior housing.
Motion carried unanimously,
V. PAYMENT OF CLAIMS NOS. 18056 - 18323
MOTION: Bentley moved, seconded by Anderson, to approve the Payment of Claims
Nos. 18056 - 18323. Roll call vote: Anderson, Bentley, Pidcock, Redpath and
Peterson voted "aye". Motion carried unanimously.
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City Council Minutes -7- January 22, 1985
VI. ORDINANCES & RESOLUTIONS
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There were none.
VII. APPOINTMENTS
A. Health Officer - Appointment of 1 Health Officer for the year 1985.
Appointment by Mayor with consent of Council, (Continued from January
8, 1985)
MOTION: Redpath moved. seconded by Bentley. to appoint Dr. Waldemar Cruz
as the City's Health Officer, Motion carried unanimously.
B. South Hennepin Human Services Council - Appointment of 2 Consumer Rep-
resentat'ves to serve 2 year terms commencing 2/i/85 (continued from
January 8, 1985)
MOTION: Anderson moved, seconded by Redpath, to appoint Pat Nash and
Nelma Mavison as the Consumer Representatives to the South Hennepin
Human Services Council. Motion carried unanimously.
MOTION: Anderson moved, seconded by Redpath, to have a letter of
appreciation sent to Rosemary Dysinger and Mary Hayden in recognition
of their efforts as past members of the South Hennepin Human Services
Council, Motion carried unanimously.
VIII. PETITIONS, REQUESTS & COMMUNICATIONS
A. Appeal by Welcome Home on decision of Board of Appeals and Adjustments
to permit 18 unrelated adult residents in a family care home facility
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City Manager Jul lie stated residents in the Willow Creek neighborhood
had been advised that this would be on the Council Agenda this evening.
Jullie noted that this request had been before the Board of Appeals &
Adjustments for a variance for a group home with 18 residents. That
request was denied by the Board. The proponents had also appeared j
before the Human Rights & Services Commission on October 15, 1984. 1
That Commission endorsed the concept of group homes but did not
recommend approval of this specific request. Since the decision
of the Board of Appeals & Adjustments, the proponents have amended
their request and are now asking for a 16 resident group home rather
than the 18 residents group home. Additional materials have also !1
been supplied; these have been reviewed by Staff and City Attorney
Pauly. Jullie said that Pauly's memo of January 18, 1985, concluded
that there is persuasive evidence that the house in question should
be considered as a multiple dwelling and, therefore, a State licensed
residential facility serving up to 16 persons would be a legitimate
use and not subject to the need for a variance as originally presumed.
Pauly also noted that substantial remodeling of some of the rooms as
proposed would probably not be considered as an unlawful enlargement
of the non-conforminn use status.
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City Council Minutes -8- January 22, 1985
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Jullie indicated this matter was again reviewed by the Human Rights
& Services Commission on January 15, 1985. At that time the Commission
members were satisfied with the information and testimony provided by
the proponent and others and, accordingly, they recommended that the
Council consider this item for approval.
Jullie stated the focus of tonight's discussion should be on whether or
not this is a single family dwelling.
City Attorney Pauly noted that pages 272 - 361 of the Council packet
contained materials pertinent to Welcome Home. Also distributed were
an affidavit dated January 14, 1985, signed by Mrs. Illah M. Sutton;
and memordanda (with attachments) dated December 18, 1984, and January
8, 1985, from Steve Durham, Assistant Planner. A1.1 of the foregoing
were a part of the record.
Barbara Willcox, representing Welcome Home, addressed the program to
be offered at the facility and noted it will be a respite care program
usually 30 days in length and not more than 60 days serving 16 adults.
Also present were: June Thiesee, Hennepin County Mental Health Services:
Jim Oren, Minnesota and Hennepin County Mental Health Association;
Nelma Mavison, resident of Eden Prairie and involved in Mental Health
organizations; Jan Check, nurse therapist and resident of Eden Prairie;
Richard Powell, Wellspring; Gene Kemp, therapist in private practice;
Dell Evans, architect for Welcome Home; Stephen Schele, Welcome Home;
and Jack Strothman, attorney for Welcome Home. {
Willcox reviewed the plans for the structure: she noted that the third
foor (attic area) and the garage would not be used; the screened porch �.
would be winterized and used as a reception area. Willcox noted that
the Health Department and Department of Public Welfare regulations dic-
tate room size.
Bentley asked if Welcome Home is a non-profit or for-profit enterprise.
Willcox indicated it was for-profit.
Bentley asked what the cost of renovating the structure would be. Willcox
said she thought between $20,000 and $30,000, Bentley asked what the current
assessed valuation of the building was. Assistant Planner Durham said he
did not have that information.
Peterson indicated the Council must deal with the question of whether or not
this is a single or multi-family residence, Redpath concurred and said
the Council cannot be concerned with the licensing and programming as
these are governed by the County and State; the Council's decision boils
down to one of use.
Peterson asked for the definition of multiple dwelling unit and the
significance of changing a non-conforming use. City Attorney Pauly
read the definitions from the City Code.
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City Council Minutes -9- January 22, 19B5
( Pauly noted his memorandum dated January 18, 1985, in which Welcome
Nome was discussed. He stated that the present City Code permits a
single family residence on ten acres in a Rural District; the previous
Ordinance permitted a single family use on five acres in a Rural zone.
Pauly said City Staff conducted an investigation in an attempt to
determine what the use of the property was prior to October, 1969.
Pauly called attention to the affidavits included in the packet which
assert that the building has been used as a multi-family dwelling.
City records do not reveal the existence of any building permits for
the installation of these facilities (i.e. separate bathroom, kitchen
and laundry facilities.) The building's use as a multi-fanily dwelling
was asserted by Mrs. Ilah Sutton and Donald Hanson, previous and present
owners of the building. Pauly reviewed the history of residents living
on the property.
Pauly pointed out that whether this property has been used as a single
family dwelling unit or as a multiple family dwelling must be examined
by each member of the Council; the Council must examine the documents
and affidavits to make that determination.
Bentley said that after examining the court cases provided by City Attorney
Pauly, the question that came to him was,at what time does a pre-existing
non-conforming use break with the zoning laws as to what should be per-
mitted on this property? Should a non-conforming use on a pre-existing
piece of property be treated in the same manner that a conforming use would
be treated? Bentley said he felt the Council was looking at a commercial
venture which was not a continuation of a present non-conforming use.
He felt there was now a break from the use as a residential duplex to
a commercial venture which has a commercial use. Pauly said that was a
point which was thought about early in the process. Pauly said he did
not think that the Statutes which require a municipality to permit such
a use of a multiple dwelling are limited to situations where
the underlying district is a multiple dwelling district. He noted that
none of the cases which have been decided have that very fact situation.
Bentley said it was his belief that the intent of a grandfathering clause
was to protect the property owner. Pauly said that was correct -- so there
would not be a taking of property without due process.
Bentley said he felt the Council was looking at something which was
different in character; the proposal is commercial as well as transient
in nature. Pauly noted that the Statute which equates a licensed residen-
tial facility (to a multiple family use) makes no differentiation between
whether it is non-profit or for-profit,
Redpath asked if it would not be better for Welcome Home to lease the
building and use it for 15 people because there are three living units
in the building. Pauly said he did not think there was any evidence to
show the building was a triplex prior to 1980.
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City Council Minutes -10- January 22, 1985 i
Pidcock inquired as to how long a facility must be used in a certain
way to claim that use. Pauly said a use must be determined prior to
the adoption of a zoning ordinance. Pidcock asked how the outcome
of this would affect other grandfathered properties. Pauly said that
is determined on an individual basis.
Peterson asked if it would be possible to approve the request subject
to the approval of structural changes, Pauly stated that the Buildinn
Department and the Fire Marshal have not been heard from yet regarding
the changes to the structure which are contemplated and/or necessary.
Peterson asked if there would be changes in the parking. Pauly indicated
changes in the parking were mentioned in one of the earlier cited cases.
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Pidcock asked about the date when this was used as a duplex. Pauly p
said the use of the structure as a duplex began in 1948 and continued
until it became a triplex in 1980.
Anderson said from all the information he had received it was his
conclusion that this is a multiple dwelling,
Bentley said he felt there was a question about the difference between
zoned multiple dwellings and pre-existing non-conformino use in a Rural
area, Anderson asked how the area was designated on the Guide Plan,
Jullie said it was shown as low density residential,
Don Sorensen, 7121 Willow Creek Road, inquired about the lines on the
dotted lines on the proponents renderings. Willcox said they are no
longer applicable. Sorensen questioned the $20,000 figure which had been
mentioned as the cost of remodeling the structure, Willcox said that
was the architect's estimate.
Kent Molde, 7040 Willow Creek Road, President of the Willow Creek
Homeowners Association, addressed the question of the spirit of the
law on the question of single family versus multiple family use of
the property. He noted that hor:.es adjacent to the property also have
separate entrances, multiple bedrooms, etc. He stated the home abuts
an area which is zoned R1-22. Molde said if this goes into multiple
use it will jeopardize development of the remaining low density resi-
dential. He said that City Attorney Pauly had taken a different stance
at the Board of Appeals & Adjustments meeting and had said this was a
single family dwelling based on the utility hookups, etc.
Redpath said he cannot see this residence reverting back to that of
a sinole family residence.
Sorensen said he does not object to the type of use proposed; there is
a need for this type of facility. He said he is opposed to the number
of people to be housed; if it were to be a six residence facility he would find
it acceptable, tie said the issue of whether or not this is a single
family use depends on which portion of the Ordinance you select to
read. Sorensen said he did not think this home became a non-conforming
use until 1980: the expansion of a non-conforming use is not allowed
so that the use can be phased out over a period of time. He said the
use of this structure on October 14. 1969, was not that of a triplex;
the change in use in 1980 was in violation of the zoning ordinance.
Sorensen pointed out that no building permits for any of the expansion
in the home had been taken out except for the garage and, therefore, were
unlawful expansions.
City Council Minutes -11- January 22, 1985
Sorensen reviewed the peopole who have owned and lived in the home.
He analyzed three cases which referred to similar situations in other
cities.
Additional issues used to support his conclusion that this should not
be expanded included: the driveway is not on the property and there
are no rights to it; parking needs are requirements of the Code; there
is only one hot water heater in the structure; the second hot water
heater was installed after 1969; the laundry room is used by everyone
in the building; the changes which would have to be made to the structure `
would preclude its being returned to its original use.
Sorensen referred to the December 17, 1984, letter from Steve Durham,
Assistant Planner, to Barbara Willcox. His primary issue was concerning
the parking. He noted there will be a number of workers at the facility
and their arrival and departure times will overlap.
The Board of Appeals, according to Sorensen, had raised the point that
the City cannot change the use of the structure. Sorensen said he felt
the change from a duplex or single family with incidental roamers use
to that of a multi-family 16 person use would be a change in the use
according to the Statute.
Sorensen said he read the Statute as having been written so that cities
could not write facilities such as this out of the city. He said he
did not feel the Statute was written to allow the expansion of a non-
conforming use. He stated he would not oppose granting this use for
a facility housing six people which is allowed in a single family dis-
trict.
Bentley asked if there was evidence before the City Council which showed, 5
without a doubt, that this was a non-conforming use, Pauly said there
was none but that was not the standard to be used -- the preponderance
of the evidence was the standard. Bentley said he could not accept the
rationale that having a boarder makes a use a nulti-family use. lie said
the fact that there have never been more than five people occupying this 4
house indicated to him that it should be viewed as a single family home. 4
Pauly said that is the decision which mist be made by the City Council,
Pidcock questioned the property line between this property and that of
Donald Johnson. Willcox indicated that they would be willing to put
in a privacy fence and/or shrubbery should that be necessary for screening.
Peterson asked when the term "non-conforming use" was first used in
reference to this property. Sorensen said he felt it was at the time
of the adoption of the ordinance -- either Ordinance 8 or Ordinance 135.
Peterson asked if this property was taxed as a single family hone.
Pidcock noted the property owner would have gotten a tax break if his
portion had been homesteaded, Peterson said the owner of record had
argued successfully that this was a single family unit at the time the
sewer connection was made. Jullie pointed out that, in some instances,
there can be only one service to a multi-family unit.
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City Council Minutes -12- January 22, 1985
Willcox explained that none of the walls would be removed, except for
closet walls, in the remodeling process. She noted there had been
separate households living in the structure. Willcox said there would
be at most seven staff members present at any one time and that would {
be for only a short period of time.when times overlapped,
Elaine Sorensen, 7121 Willow Creek Road, stated that many homes in this
area have separate living units within them, She said that one of the
homes has eleven bathrooms but that all of the homes are single family
homes.
Pauly noted the definition of a "family" as given in the City Code.
Redpath asked how many mail deliveries were made to this location.
Willcox indicated there were two different mail boxes. Sorensen said
Bert Sutton had told him there was only one mail box when he lived
there on October 14, 1969.
Peterson asked about the status of the property using today's definitions
vs. those in use in 1969. Pauly said he felt that October of 1969 was
the critical date. Pauly said he felt the Council may look beyond that
also -- inferences must be drawn from evidence which is presented on a
particular point regarding the intent as to usage.
i
June Thiesee expressed concern about the Council's questioning whether
or not this was a for-profit residential facility.
Jack Strothman, Lindquist & Vennum, attorney for Welcome Home, indicated
City Attorney Pauly's viewpoint was the only objective one voiced this
evening. Strothman said this was a multi-family dwelling unit prior to
the reading of the ordinance and remains so today. Redpath said he felt
the preponderance of proof is on the proponent. Strothman said he felt
the Council should look at the preponderance of evidence in support of
the proponent.
Anderson expressed concern about the proximity of Johnson's lnt line to
this property. He asked what the distance was between the two homes.
Jim McNeill, 7251 Willow Creek Road, said it was about 50 yards from his
home. Johnson indicated it was about 90 yards from his home.
Strothman noted his client was willing to discuss the programs to be
offered at this facility. He said he felt it would be appropriate for
the Council to ask him questions regarding the proposal.
McNeill expressed concern about the lot size and the amount of activity
which would be generated by the proposed use and the number of people
using the facility.
City Council Minutes -13- January 22, 1985
Bentley restated the issue before the Council which was an appeal by the
proponent for a reversal of a denial of a variance by the Board of Appeals
& Adjustments. Pauly said a variance was required when the request was r
for 18 residents in the facility. Strothman said the variance was now
obviated, however the Council's approval was still necessary. ti
Peterson said he found it almost impossible to made a decision because
of the cloudiness of what happened in 1969. He asked if the proponent
had proved this structure was used as a multi-family dwelling in 1969.
City Attorney Pauly said the evidence was persuasive; he did not feel
he could make that determination.
i
Anderson said he would have to believe this to be a multiple dwelling
based on all that he had heard and read.
i
Bentley said he would like to encourage the efforts of Welcome Home to
come into Eden Prairie. He said he had reservations about the concept
of metropolitan dispersion -- he did not think it was an appropriate or
necessary approach to the handling of all situations in the community.
He said he felt the availability of services to the residents is a
critical matter. He stated that was not the issue here and he did not
intend to make it the issue. Bentley said he was not convinced that
this is a legally non-conforming use. He did not think this particular
use was a proper use for this site; he would like to see the Council and
the proponent work together to find an appropriate site.
Redpath stated he would go along with the City Attorney's position and
would agree with Council member Anderson's statement regarding use.
t
Peterson asked about the number of parking spaces and their location.
Willcox said there would be 11 parking spaces and indicated their location
on the rendering. Willcox said all 11 would very seldom be in use at the
same time.
Pidcock read Ihlah Sutton's letter of October 25, 1984, in which Sutton
stated the property was a duplex when they purchased it in 1958 and remained
as such until they sold it in 1979.
John Koneck, attorney for the Wilkies, Willow Creek Road residents,
said that as a triplex this is a non-conforming illegal use. He said
the duplex designation was abandoned in 1979 or 1980, Koneck noted
that a non-conforming use cannot be reestablished according to City
Code. The duplex use cannot be the basis for the establishment of
this use if that is the case.
Dr. George Tangen, 7034 Willow Creek Road, recalled when he was on the
City Council and the Council was reviewing a conditional use permit
and the reasons it was granted. lie said he felt the issue under discussion
should be looked upon as a change in the zoning classification. This
would be a continued use of a non-conforming use: he did not see that
this would be something which would be phased out. Tangen stated that,
were he on the Council, he would not vote in favor of this.
(669
City Council Minutes -14- January 22, 1985
Bentley said he was still not convinced that the land use question
has been resolved, He stated he feared a precedent would be set
which would come back to haunt the Council for many years to come, i
He said he was not completely convinced that a 16 residents plus office
use should be allowed on a .9 acre site. Redpath said he could think
of a number of other non-conforming uses in Eden Prairie.
John Golle, 7039 Willow Creek Road, expressed concern about having 16
people plus staff in that house. He said he could not believe the
Council would say yes to something like that. Redpath said that State
licensing requirements take care of the 16 people; the City must concern
itself with whether or not this is a single family or a multi-family use. I
Golle asked if this site followed State guidelines. Willcox said it did.
Thiesse said if licensing were not obtainable then fundina would not be
either.
Peterson said that because of the ambiguities and because of the function
of the City Council to uphold the City's Ordinances, he would have to vote
"no" on the appeal.
Redpath said he would have to vote in favor based on the advice of City
Attorney Pauly.
MOTION: Redpath moved, seconded by Anderson, that the use of the
structure has been established as a multi-residential non-conforming
use and that the Statute relating to the 16 persons applies subject
to the questions that are unanswered as to the changes that might have
to be made in the structure by virtue of some further review by the
Building Department and the Fire Marshal. Motion carried with Bentley i
and Peterson voting "no."
B. Resolution No. 85-35 oranting preliminaryapLroval for Municipal Industrial
Development Bonds in t e amount of 1,700,000.00 for HBP Partnership '
Roberts Litho - formerly III. L.
Steve Hoyt, 10601 Niblick Lane. partner in Hoyt Development, addressed the
request. He noted the reason for requesting M1DBs was that the special
assessments against this property were $25,000 per acre and by having
lower interest rates the property was developable.
Bentley said his questions were mainly with the procedure regarding j
preliminary grading permits. q
Redpath indicated he was not uncomfortable with this request.
MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No.
85-35, granting preliminary approval for Municipal Industrial Development
Bonds in the amount of $1,700,000.00 for HBP Partnership (Roberts Litho.)
Motion carried unanimously.
i
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City Council Minutes -15- January 2z, 1985
i
IX. REPORTS OF ADVISORY COMMISSIONS
There were no reports.
X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Resorts of Council Members
1. Set dates for Board of Review Meeting for Thursday, May 2, 1985,
at 7:30 p.m. with reconvene on Tuesday, May 21, 1985, at 6:30 p.m.
MOTION: Redpath moved, seconded by Bentley, to set Thursday,
May 2, 1985, at 7:30 p.m. as the date and time of the Board of
Review Meeting with the meeting to be reconvened on Tuesday, May
21, 19B5, at 6:30 p.m. Motion carried unanimously.
2. Bentley - noted that a recent report by the Metropolitan Council
requests that Highway 5 be eliminated from State status. He
said this would probably revert to the County. Bentley expressed
concern that there would be no improvements to TH5 should this
happen and the level of maintenance would be lowered.
B. Report of City Manager
1. Participation in Joint Comparable North Stud, (Resolution No. 85-36)
City Manager Jullie reviewed the necessity for participating in a
comparable worth study; the State has mandated that all public agencies
complete a comparable worth study of all employee positions by October
of this year. Jullie stated the City Manager's Association is proposing
that cities join together in a common study to be completed by Control
Data Business Advisors, Inc. This would provide uniformity between
cities. The cost of the study to the City would be $8;310.00
Pidcock asked how many women were included in the study group. Jullie
said the majority are women. Pidcock asked how many of those involved
with Control Data Business Advisors were women. Pidcock referred to
a publication put out by the State regarding comparable worth. Jullie
noted that the reason for not using the Hay study is that Public
Safety employees are not included in that and a large number of Eden
Prairie's employees are in that department.
Anderson noted that while it might be cheaper for the City to conduct
its own study, the easiest and simplest way might not be the best way.
Jullie said the Stanton Report which compares salaries in metropolitan l
municipalities is now used by the City. He said the City was in need 1
of a study such as the one proposed by Control Data because the City
does not have a true classification system in place. He noted that
18 firms had applied to conduct the area-wide study and that five of
those firms had been interviewed.
i
City Council Minutes -16- January 22, 1985
Redpath asked if the City were to enter into this study, would
size of City have a bearing. He noted that more responsibility
�. is placed on each employee in a city the size of Eden Prairie
than in larger cities.
Pidcock stated she would like to have the City conduct its own
study similar to that done by the State.
Bentley said he was in total opposition to the concept of comparable
worth; he would vote for the study because Statutes mandate it be done.
MOTION: Anderson moved, seconded by Redpath, to adopt Resolution No.
85-36, authorizing participation in the Control Data Business Advisors, J
Inc. Joint Comparable Worth Study. Roll call vote: Anderson, Bentley,
Redpath and Peterson voted "aye": Pidcock voted "no". Motion carried.
C. Report of City Attorney
There was no report.
D. Report of Director of Community Services
1. July 4th Celebration
Director of Community Services Lambert address the memorandum of
January 16, 1985, from Charles Pappas, Superintendent of Recreation,
which discussed the July 4th Celebration in Eden Prairie.
MOTION: Redpath moved, seconded by Pidcock, to authorize up to
$5,000 for a July 4th Celebration in the City of Eden Prairie.
Roll call vote: Anderson, Bentley, Pidcock, Redpath and Peterson
voted "aye." Motion carried unanimously.
XI. NEW BUSINESS
A. Discussion of Invocation B
Due to the lateness of the hour, this item was deferred to the February
5, 1985, Meeting of the City Council.
B. Howard Peterson, Board member, Riley-Purgatory Creek Watershed District,
introduced himself and indicated he would attend Council meetings from
time to time and would be available should the Council deem necessary.
X11. ADJOURNMENT
MOTION: Redpath moved, seconded by Pidcock, to adjourn the meeting at 12:55
a.m. Motion carried unanimously.
66)
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL i
Y
TUESDAY, FEBRUARY 5, 1985 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM
COUNCIL MEMBERS: Mayor Gary D. Peterson, Richard Anderson, George
Bentley, Patricia Pidcock and Paul Redpath
CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the
City Manager Craig Dawson, City Attorney Roger j
Pauly, Finance Director John D. Frane, Planning
Director Chris Enger. Director of Community
Services Robert Lambert, Director of Public j
Works Eugene A. Dietz, and Recording Secretary
Karen Michael
PLEDGE OF ALLEGIANCE
ROLL CALL: all members were present
I. PRESENTATION OF FLAG FROM THE EDEN PRAIRIE AMERICAN LEGION #409
American Legion Post #409 representatives Vern Seck and Dennis Bertrand
presented an American flag to the City. Mayor Peterson accepted the flag
on behalf of the residents of Eden Prairie and extended the City's appre- a
ciation to the Legion Post for the flag.
II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following item was added to the Agenda: XII. A. Discussion of
Invocation.
MOTION: Anderson moved, seconded by Bentley, to approve the Agenda and
Other Items of Business as amended and published. Motion carried unanimously.
III. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 4, 1984
MOTION: Redpath moved, seconded by Anderson, to approve the Minutes of the
City Council Meeting held Tuesday, December 4, 1984, as published. Motion I
carried unanimously.
IV. CONSENT CALENDAR
f
A. Clerk's License List
B. 2nd Reading of Ordinance No. I-85, changinq name of South Shore Lane
betwi6 Ticonderoga Trail and Muirfield Addition to South STiore Lane West
('66
City Council Minutes -2- February 5, I985 )
4
C. Resolution authorizing preparation of Feasibility Report for Valley View
Road improvements between CSAH 4 and Mitchell Road, I.C. 51-272 (Reso-
lution No. II5-43)
'1
D. Receive Feasibility Report for Valley View Road improvements between
CSAH 4 and Mitchell Road. I.C. 51-272, and set a Public Hearing for
March 5, 1985, at 7:30 p.m (Resolution-No. 8544T
E. Final Plat approval for Mitchell Lake Estates 3rd Addition (Resolution
No. 85-45
i
F. Final Plat ap roval for Preserve Commercial Park North 4th Addition
Resolution No. II5-46
G. Final Plat approval for Autumn Woods 2nd Addition (Resolution No. 85-47)
H. Appointment of Assistant Weed Inspector
i
I. Final Approval for Housing Revenue Bonds in the amount of $6,000,000.00
for Eames Apartments Project Resolution No. 85-49
MOTION: Anderson moved, seconded by Bentley, to approve items A - I
on the Consent Calendar. Motion carried unanimously.
V. PUBLIC HEARINGS
A. PRAIRIE VILLAGE APARTMENTS by Derrick Land Company. Request for Comprehensive
Guide Plan Change from Office and Medium Density Residential to High Density
Residential for 6.61 acres; Planned Unit Development District Review, with
variances, on approximately 40 acres; Zoning District change from Rural to
R11-2.5 on 6.61 acres; preliminary plat of 14.25 acres into two lots and one
outlot for two 56-unit apartment buildings. Location: Gonyea 4th Addition,
Outlot B. (Resolution No. 85-42 - Comprehensive Guide Plan Amendment,
Ordinance No. 2-II5-1-PUD-1-85 - Planned Unit Development District Review 3
and Zoning District Change from Rural to RM-2.5, and Resolution No. 85-39 - 4'
preliminary plat)
City Manager Jullie said notice of this Public Hearing had been published
and property owners within the project vicinity had been notified.
Dick Krier, Derrick Land Company, addressed the proposal. Also present
was Will Montgomery, architect, Tushie-Montgomery Associates.
Planning Director Enger stated this request had been reviewed by the !i
Planning Commission at its meeting on January 14, 1985, at which time
the Commission voted to recommend approval subject to the recommendations
included in the January 11, 1985, Staff Report and with the provision
that a pedestrian access across County Road 4 be provided. Enger stated
there were no definite answers regarding the scheduling of improvements
to Highway 5, lie also said the County has indicated County Road 4 will
be improved at the same time the State schedules improvements for TH5.
s
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City Council Minutes -3- February 5, 1985
Director of Community Services Lambert said this request had been
reviewed by the Parks, Recreation a Natural Resources Commission at
its meeting on February 4, 1985, at which time it voted to recommend
approval subject to the recommendations included in the Planning
Staff Report as amended by the Supplemental Report of January 31, 1985.
Anderson asked if provisions had been made for recreational facilities
for Senior Citizens in this building. Montgomery said they had been
included. Pidcock asked the size of the facility. Montgomery said
the room was approximately 30' x 30'.
Bentley asked if the pond on the property has an outlet. Director of
Public Works Dietz said it does and explained the drainage situation in
that area. Bentley asked if the pond was adequately sedimented. Dietz
said it was and that had been approved by both City Staff and the Water-
shed District.
Bentley asked if a traffic study had been done for this area. Krier
explained what had been done in this regard; he noted the directional
flow. Bentley asked if this intersection could handle the volume of
traffic to be generated by this proposal. Enger said a 1980 study
showed that traffic and storm water were two of the major issues in
this area. He indicated that the traffic as proposed now is less than
that which would have been generated by the earlier proposal which called
for more commercial and office development on this site.
Bentley said he has long agreed that this is a good site for elderly
housing but said he has a concern about the transition aspect of what
is proposed. He stated he would like to see some significant berming
and screening if there is to be good transition.
Redpath asked if doubles had been proposed. Enger said in 1980 duplexes
had been discussed in the northern tier of this quadrant. Redpath said
he felt that transition is sometimes carried too far and said that, in
the case of duplexes, twice as many people are put into an area.
Anderson said he felt the crossing of County Road 4 was a very important
consideration. He also expressed concern about recreational facilities for
Senior Citizens. Krier stated that it was the developer's hope to create �.
a "life style" -- that besides the 900 sq. ft. room within the building, i
a social service unit would attempt to involve all the residents and a
social director would be employed. f
Bentley said he recalled that last Fall Krier had appeared before the
City Council with a very complex financing package for this project.
Bentley asked if Krier was willing to make a commitment this evening
for elderly housing without a financing package ready for this site. R
Krier said if they were going to request the "50% pronram" he would
have to say they would not made a commitment; but if they were to use
another program, the answer would be yes. Bentley asked what the time-
table was in regard to financing. Krier said they hoped to have that
taken care of in the next month. Bentley asked if Krier would be willino
to withhold 2nd Readinq of the Ordinance until the financing package
had been before the City Council. Krier said he would be willing to
do that.
i
6
City Council Minutes -4- February 5, 1985
Redpath expressed concern about the handicapped parking and cited a
recent incident in another apartment building where this had posed a
problem for a handicapped resident.
Pidcock asked what the timetable was for completion-of this building.
Krier said they hoped to begin construction in late Spring with the
building scheduled to be open in November` or December.
Joe Lawler, 7621 Ontario Boulevard, expressed concern about the amount
of traffic to be generated from this proposal. He said he would like
to see both buildings as elderly housing as this would take some of
the pressure off of the traffic.
Leo Burton, 7662 Superior Terrace, said he would like to see a traffic
study done in this area. He noted the number of commercial facilities
in the area which are traffic generators. He said he was concerned about
the fact that there were single family residences proposed for the area
adjacent to the apartment buildings and wondered whether or not the pro- l
ponent would be back to request rezoning for those lots in the near future.
Jolene Burton, 7662 Superior Terrace, said she would hate to see a crisis
created by this proposal. She said she has many questions regarding elderly
housing. She indicated she would like to know the history of the zoning
changes which have been requested for this site.
Peterson asked if the City might be able to get an agreement from the
County regarding signals at Wagner Way and County Road 4 prior to the
improvements to CSAH 4. Dietz said that could be discussed with the
County.
Pidcock said she was concerned about the crosswalk and wondered if it
would be possible to have an underground walkway under CSAH 4. Dietz
said that would be possible. Burton said she felt a tunnel would not be
good; crime would be a problem, f
1
Donald Sorensen, 7121 Willow Creek Road, wondered whether or not the
developer would rent the underground parking spaces or would a space
be provided for each unit, He noted that would made a difference as
to how the spaces were used. Krier said the spaces would be rented.
Pidcock asked about those residents who never drive, Krier said they
would attempt to work something out with other elderly housing residences
so perhaps a private transportation system could be developed.
Lambert stated the Community Services Department is the place called
when people don't have facilities and/or services provided for them,
Krier said there is a need for more sharing of resources -- such as
cars -- in a facility such as this,
tr�r f
City Council Minutes -5- February 5, 1985
Larry Schuster, 7666 Superior Terrace, asked if the pond behind the
apartment buildings might not be an attractive nuisance for children
living in the apartments. Lambert said there has never been a need
to fence any ponds or lakes in the City and said he would recommend
this policy be continued.
Sorensen expressed concern about underground parking in the apartment
building. He said it creates a security problem and this should be
looked into. i
Bentley noted the City has been looking at elderly housing needs for
a number of years particularly in the area of CSAH 4 and TH 5. He p
said the City has been banking CDBG funds for this purpose. He said IIII
he was not certain how the financing which is yet to come before the
Council will work; but, in terms of the City's planning and zoning,
the questions have been answered. He said that tying this into the
financing package would further mitigate his concerns.
MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing
and to adopt Resolution No. 85-42, amending the Comprehensive Guide
Plan. Motion carried unanimously,
MOTION: Bentley moved, seconded by Redpath, to grant 1st Reading to
Ordinance No. 2-85, rezoning. Motion carried unanimously.
MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. ,.
85-39, approving the preliminary plat of Prairie Village Apartments
for Derrrick Land Company. Motion carried unanimously.
MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare
a Developer's Agreement per Commission and Staff recommendations and
with the provision that 2nd Reading will not occur until the financing
package is determined, there is a discussion with Public Safety regarding
security questions, the handicapped parking issue is resolved, and the
question of a crossing at CSAH 4 is resolved. Motion carried unanimously.
B. EDEN PRAIRIE PUBLIC LIBRARY by Hennepin County. Request for Zoning
District mendment within a Public Zoning District on 2.51 acres for
the construction of a 10,000 square foot building. Location: southwest
corner of Prairie Center Drive and Preserve Boulevard. (Ordinance No.
3-85 - rezoning within the Public District)
City Manager Jullie said notice of this Public Hearing had been published
and property owners within the project vicinity had been notified.
61')U
City Council Minutes -6- February 5, 1985
Lyle Langstrom, Hennepin County Property Management, and Gretchen
Wunderlich, Hennepin County Area Librarian, were present to address
the request.
Redpath said he would recommend the County be allowed to put in the
sidewalk in stages. Langstrom said the sidewalks would be included
as a bid alternate (an add alternate) when the bids for the Library
are let. Peterson expressed concern about the timing of the sidewalks
should money be unavailable at the onset of construction. Bentley said
he would suggest that, as a part of the Developer's Agreement, a two-
year period be allowed for construction of the sidewalks. Langstrom
said he would like to have that as a viable option.
Bentley asked where the sidewalk was going to go along Preserve Boulevard
since the right-of-way has not been determined for the planned four-lane
roadway. Director of Public Works Dietz stated a consultant is working
on a feasibility report on that now. Dietz suggested that perhaps the
City could offer the County the City's special assessment program.
MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing
and to give 1st Reading to Ordinance No. 3-85. Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare
a Summary Resolution and work out a provision relative to sidewalks
which will then be brought back to the City Council at the time of 2nd
Reading. Motion carried unanimously.
C. BERGIN AUTO BODY by James J. Bergin. Request for Site Plan Review within
the District for one acre, with variances, to be reviewed by the
Board of Appeals, and preliminary plat of 4.74 acres into three lots for
an auto body repair shop. Location: north of Martin Drive, west of
Corporate Way. (Ordinance No. 4-85 - rezoning within the I-2 Park Dis-
trict and Resolution No. 85-40 - preliminary plat)
City Manager Jullie indicated notice of this Public Hearing had been
published and property owners within the project vicinity had been
notified.
Jim Bergin, proponent, addressed the request.
Planning Director Enger stated the Planning Commission had reviewed this
request at its meeting on January 14, 19859 at which time it voted to
recommend approval and noted that a variance is required. The Planning
Commission suggested that an outlot be created since there would be a
lot for which there would be no use.
This request was not reviewed by the Parks, Recreation & Natural Resources
Commission.
�'l l
City Council Minutes -7- February 5, 1985
Redpath questionned the drainage in the area. Peterson asked if it
would not be better to have the parking area in Travel rather than a 1
bituminous surface so there would be less run-off into the creek.
Enger explained that there were a number of problems with gravel and j
that bituminous surfacing is required by City Code.
i
Bentley questionned the setbacks. Enger stated no variances had been }
requested; the variance request is for lot size.
i
Gary Berqren, Power Systems, asked for clarification as to what would
be done with the remaining acreage. Bergin said that would be put into
an outlot. Bentley said there was no proposal at this time for that
property.
MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing
and to aive 1st Reading to Ordinance No. 4-85. Motion carried unanimously.
MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 85-409
approving the preliminary plat of Bergin Auto Body for James J. Bergin.
Motion carried unanimously.
MOTION: Redpath moved, seconded by Bentley, to direct Staff to prepare
a Summary Resolution of Approval per Commission and Staff recommendations
with the variance to be approved prior to 2nd Reading of the Ordinance.
Motion carried unanimously. 1
0. ROBERTS LITHO by Hoyt Development. Request for Zoning District Change
from Rural to I-2 Park on approximately 4.7 acres and preliminary plat r
of 9.62 acres into one lot for the construction of a 42,500 square foot
office/warehouse building. Location: south of Highway 5, west of Mitchell
Road at Technology Drive (Ordinance No. 5-85 - rezoning from Rural to
I-2 Park and Resolution No. 85-41 - preliminary plat)
City Manager Jullie said notice of this Public Hearing had been published
and property owners within the project vicinity had been notified.
Brad Hoyt, developer, spoke to the request.
Director of Planning Enger said the Planning Commission had reviewed this
request at its meeting on January I4, 1985, at which time it voted to
recommend approval subject to the recommendations included in the Staff
Report dated January 11, 1985.
Pidcock asked how far north of the Methodist Church was the location of
the proposed building. Hoyt said he did not have the exact number of
feet. Pidock asked if the evergreen trees would remain. Hoyt said they
were on the church's property and would remain as screening.
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City Council Minutes -8- February 5, 1985
Aq
Redpath asked if Technology Drive would be extended from the west
property line of the proposed to Wallace Road Director of Public
Works Dietz said this would be an appropriate time to review that
however it was a difficult process.
There were no comments from the audience.
MOTION: Bentley moved, seconded by Pidcock, to close the Public Hearing
and to give 1st Reading to Ordinance No. 5-85, rezoning for 4.62 acres
from Rural to I-2 Park. Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No.
85-41, approving the preliminary plat of Roberts Litho for Hoyt Develop-
ment. Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare
a Summary Resolution of Approval per Commission and Staff recommendations
and with the following: there will be no administrative land division
allowed on this site -- all divisions must go through the City Council;
the developer must petition for the extension of Technology Drive through
the property; and approval is contingent upon the developer accepting
the special assessments for Technology Drive. Motion carried unanimously.
E. Request for Housing Revenue Bonds in the amount of $11,000,000.00 for
Tanager Creek Resolution No. 85-4B)
City Manager Jullie indicated notice of this Public Hearing had been }
published. Jullie noted that the currently approved site plan calls
for a private road terminating in a cul-de-sac at the north end of the
project and therefore there will be no connection to St. John's Drive
to the north. He stated that should the proponents desire a chanoe in
their site plan, they would have to come back to the Council for approval.
Thomas Maplewood, Miller-Schroeder, and Dennis Govednik, Centurion/
Cheyenne Land Company, addressed the request.
Redpath asked why the proponent was now proposing rental units rather
units for sale. Govednik said the trend is towards rental units due
to the unaffordability of for sale housing.
Bentley asked how many rental units had been approved by the City Council
during the past two years. Director of Planning Enger stated that there
have been 1,000 units approved and built and another 1,000 units approved
and not built. Bentley said he has seen reports based on information in
this area which say that the rental market is glutted and the market is
rapidly declining.
Bentley asked if what is proposed could be considered a change in the
site plan. Enqer said he felt it was; the original plan called for
nine single family units and this plan calls for 60 single family units.
G�
City Council Minutes -9- February 5, 1985
Enger said there was some discussion as to which plan is being
put forth with this request. Peterson said he felt there would be
a significant revision if the 60 unit plan were under consideration. t
Pidcock said she questioned the affordability issue regarding single
family housing; she also had questions regarding the land lease program,
i
Anderson asked how long it would take for Staff to review this. Enger
said about two weeks unless the plan is a different one and then it
would have to go back through the Commissions.
MOTION: Bentley moved, seconded by Anderson, to continue action on
this request to February 19, 1985, and to refer this back to Staff for
its review; if Staff feels the revisions are significant, then it should
go through the Commissions. Motion carried unanimously, j
VI. PAYMENT OF CLAIMS NOS. 18324 - 18562
MOTION: Bentley moved, seconded by Redpath, to approve the Payment of Claims
Nos. 18324 - 18562. Roll call vote! Anderson, Bentley, Pidcock, Redpath and
Peterson voted "aye," Motion carried unanimously.
I
VII. ORDINANCES & RESOLUTIONS j
There were none, '
s
VIII: APPOINTMENTS {
1 A. lATointment of Ad Hoc Committee Members to Stud Referendum Issues for
the City o en rairie
Anderson expressed concern that there were a number of people on the j
committee representing athletic interests. Bentley said he was concerned
because there were not any "at large" residents. Lambert reviewed how
committee members were selected and noted that he had not received any
recommendations for other members of the committee,
Anderson restated the motion he had made regarding the committee and
called attention to the fact that this committee was to be "broad-based".
Redpath noted that the School District has already stated its needs.
MOTION: Anderson moved, seconded by Pidcock. to continue this item
to the February 19, 1985, meeting of the City Council. Motion carried
unanimously, j.
IX. PETITIONS, REQUESTS & COMMUNICATIONS i
There were none.
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City Council Minutes -10- February 5, 1985
X. REPORTS OF ADVISORY COMMISSIONS
f There were no reports,
XI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
Bentley - requested that Council members be kept informed as to what
is happening in the opt-out process. Assistant to the City Manager
Dawson stated that five opt-out proposals are presently being reviewed;
the Council will be receiving this information in the very near future.
Redpath - noted that a Cable Commission meeting had been held last Thurs-
day. He indicated this issue will be on the Council Agenda at a future
meeting.
B. Report of City Manager
1. Proposed Employee Benefits Chances (continued from January 8, 1985)
City Manager Jullie noted his memorandum of January 4, 1985, in
which he addressed additions to the employee benefits package.
The four additional categories were: 1) fitness program; 2)
disability plan; 3) an increase in the City's contribution for
family coverage of health insurance -- this portion of the package
was approved by the Council earlier this year); and 4) work uniforms
for maintenance personnel.
Bentley said the only portion with which he had a problem was
the fitness program.
Redpath said he would like to see a slidino scale on uniforms; he
cited his experiences with a uniform allowance and how after a period
of time the amount of money needed when a program or an employee begins
is no longer necessary. Judie said Staff is looking into leasing
of clothing also. He said that he would suggest including Building
inspectors in the uniforma program also.
Peterson asked if employees in those departments would be required
to wear uniforms. Jullie said they would be; an informal poll had
been taken and all of them had said yes.
Pidcock asked how this would compare to those programs in effect in
private industry. Redpath noted that many employees are provided
uniforms -- Coca Cola, Minnegasco; etc.
1
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City Council Minutes -11- February 5, 1985
Bentley said he felt benefit programs are turning out to be very
costly. He said this was one area he would take a careful look
at should the City have to do some budget cutting in light of
State and Federal cutbacks.
The consensus of the Council was that the uniform program and the
disability plan were acceptable, but the fitness program needed
more discussion and refinement.
Lambert explained that this was a fitness program and not a wellness
program; this was to provide an incentive for employees to take ad-
vantage of City facilities. Anderson noted this type of program is
preventative in nature with the result being fewer sick days, lower
rate of major health programs, etc.
After further discussion of the fitness program it was determined
that the portion which provided an employee with a free individual
membership to the Community Center would be deleted as would the
stop smoking treatment program.
MOTION: Redpath moved, seconded by Anderson, to approve the
employees benefit program changes as outlined in City Manager
Jullie's January 4, 1985, memorandum with the exception of items
1, a. and 1. d. Motion carried with Bentley voting "no" on the
Fitness Program and Pidcock voting "no" on the motion.
C. Report of City Attorney
1. Findings in connection with Welcome Home
City Attorney Pauly stated that attorneys Donald Sorensen and John
Koneck (attorneys representing Willow Creek residents) had requested
this matter be continued to the next meeting of the City Council.
MOTION: Bentley moved, seconded by Pidcock, to continue action on
this item to the February 19, 1985, meeting of the City Council.
Motion carried unanimously.
XII. NEW BUSINESS
A. Discussion of Invocation
MOTION: Pidcock moved, seconded by Redpath, to direct Staff to contact
the Eden Prairie Ministerial Association to request a representative of
that group to give an invocation before the City Council meeting once
a month.
I
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City Council Minutes -12- February 5, 1985
Redpath noted that the Ministerial Association had been contact in 1967
and had agreed to have a minister give the invocation. When this "fell
through" it then was done by Staff and later by Council members.
Peterson said he was not in favor of asking the Ministerial Association
to do'this. He said the point was whether or not this was an appropriate
forum for the practice of religion. If the Ministerial Association were
asked to do this, then representatives of other religious groups should
be asked. He said he felt there was a difference between religion and
politics and he felt it was inappropriate to foster religion in this
forum.
Pidcock said she was not asking to do anything more than what is done
at the State and Federal levels of government. Redpath said those
bodies have paid chaplains while they are in session,
Bentley said the concept of an opening prayer at the first meeting of
the year seemed appropriate to him; it did not have to be an on-going
item on the Agenda.
Anderson said he felt each Council member represented all types of
people -- all races and religions -- the Council Meetings were not the
time or place to practice religion.
VOTE ON THE MOTION: Motion was defeated with Anderson, Bentley, Redpath
and Peterson voting .,no,..
XIII. ADJOURNMENT
MOTION: Redpath moved, seconded by Anderson, to adjourn the meeting at
11:32 p.m. Motion carried unanimously.
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
March 19, 1985
CONTRACTOR (MULTI-FAMILY & COMM.) PLUMBING (con't.
Alberici/Denver, Inc. Southtown Plumbing, Inc.
Centex Homes Steins, Inc.
C. F. Haglin & Sons Co. Don Voss Plumbing & Heating Co.
Richard Miller Homes, Inc. Widmer Brothers, Inc.
CONTRACTOR (1 & 2 FAMILY) HEATING & VENTILATING
Anderson-Soderman, Inc. Air Conditioning Associates, Inc.
Bloomberg Companies Associated Mechanical Contractors
Frank C. Boyce Construction A. Binder & Son, Inc.
Bruce Bren Homes Boulevard Sheet Metal & Heating
Consulform Realty Burke Heating Service, Inc.
W. Davis Construction Co. Climate Engineering Company
Eden Wood Framers Heating & Cooling, Inc.
Eiden Construction, Inc. Gemmill Heating & Air Conditioning
Envirotech Homes, Inc. Lakeview Heating & Air Conditioning
T. Gray Construction Midland Heating & Air Conditioning
Hidden Ridge Partners Midwest Heating & Ventilating k
Jarip Builders Northeast Sheet Metal
Scott Larson Homes Royalton Heating & Cooling Co.
Lecy Construction Steins, Inc.
Luse & Son, Inc. Sunburst Heating & Air Conditioning
Marnie Development, Inc.
Mark Mosman Masonry GAS FITTER
Residential Home Builders
Tampa, Inc. Air Conditioning Associates, Inc.
Theis Construction Co. Associated Mechanical Contractors
Unibilt, Inc. Avoles Plumbers
A. Binder & Son, Inc.
PLUMBING Burke Heating Service, Inc.
Climate Engineering Company
John Adelmann Plumbing Farmers Heating & Cooling, Inc.
Avoles Plumbers Gas Supply, Inc.
Associated Mechanical Contractors Gemmill Heating & Air Conditioning
Custom Plumbing, Inc. Lakeview Heating & Air Conditioning,Inc.
Wayne Dauwalter Plumbing Midland Heating & Air Conditioning
Wm. L. Gadtke Plumbing Minnegasco, Inc.
Harem Plumbing Company Northeast Sheet Metal
June Plumbing & Heating Royalton Heating & Cooling Co.
J. R. Kelly Plumbing & Heating Steins, Inc.
Klamm Mechanical Contractors
Ivan C. Lanars UTILITY INSTALLER
Leo's Plumbing
D. R. McDermott Plumbing Midwestern Mechanical Corporation
Mevissen Plumbing
Midwestern Mechanical Corporation
Murr Plumbing, Inc.
Nieman Plumbing & Heating
CLERK'S LICENSE APPLICATION LIST
page two
WATER SOFTENER REFUSE HAULER
Conners Soft Water Co. Klein Sanitation
SEPTIC SYSTEMS TYPE B FOOD
Klingberg Excavating, Inc. Blue Bell Ice Cream, Inc.
VENDING SOLICITOR
Cedar Hills Golf & Ski Blue Bell Ice Cream, Inc.
Preserve Rexall Drug
PRIVATE KENNEL
CIGARETTE
Allan Nash (renewal)
Preserve Rexall Drug Darrel Olson (renewal)
Royal Coin
MECHANICAL RIDES
Preserve Rexall Drug
CANDY
Preserve Rexall Drug
These licenses have been approved by the department heads responsible for
the licensed ctivity.
Pat olie; Licensing
I
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G�9
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 85-75
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS
WHEREAS, the City Engineer, through BRW, Inc., has prepared plans and
Specifications for the following improvements to wit:
I.C. 51-398, Signal Installation at Prairie Center Drive
and TH 169.
and has presented such plans and specifications to the Council for approval.
PRAIRIE:NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN
1. Such plans and specifications, a copy of which is on file-for
Public inspection in the City Engineer's office. are hereby
approved.
2. The City Clerk shall prepare and cause to be inserted in the
official paper and in the Construction Bulletin an advertisement
for bids upon the making of such improvement under such approved
plans and specifications. The advertisement shall be published 10
days prior to bid opening, shall specify the work to be done, shall
state that bids shall be received until 10:00 A.M., April 11,
1985, at City Hall after which time they will be publically opened
by the Deputy City Clerk and Engineer, will then be tabulated, and
will be considered by the Council at 7:30 P.M., Tuesday, April 16,
1985, at the Eden Prairie School Administration Building, 8100
School Road, Eden Prairie. No bids will be considered unless
sealed and filed with the clerk and accompanied by a cash deposit,
cashier's check, bid bond or certified check payable to the City
for 5% (percent) of the amount of such bid.
ADOPTED by the Eden Prairie City Council on March 19, 1985.
Gary D. Peterson, Mayor
ATTEST: SEAL
John D. Frane, Cler
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 885-69
RESOLUTION APPROVING THE PRELIMINARY PLAT OF RED ROCK HEIGHTS FOR
JERRY HALMRAST AND BILL GILK
BE IT RESOLVED, by the Eden Prairie City Council as follows:
'That the preliminary plat of Red Rock Heights, for Jerry Halmrast and Bill Gilk,
dated January 25, 1985, consisting of 33.9 acres into 50 single family 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 19th day of March, 1985.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
3
m
T0: Mayor Peterson and City Council Members
THROUGH: Carl J. Jullie, City Manager
FROM: Eugene A. Dietz, Director of Public Works G�
DATE: March 14, 1985
SUBJECT: RED ROCK HEIGHTS ADDITION
The Council agenda for March 19th includes a public hearing for the Red Rock
Heights Addition. Although most of the issues on this subdivision are
straight forward, you will find it necessary to make a decision regarding the
provisions for sanitary sewer and storm sewer.
Prior to the application for this subdivision, this parcel was viewed as not
having access to sewer and water, since the site cannot be served by the
gravity system which is adjacent to the property. In fact, trunk sewer and
water assessments have not been levied against this parcel in the past.
Therefore, with any kind of connection to the water and sewer system, these
assessments would necessarily be levied. The current rate is $2,720 per acre
on the buildable portion of the property. The parcel contains approximately
34 acres, but only 23 acres of the site would be utilized for development
purposes. The resulting trunk sewer and water assessments would be
approximately $63,000. All properties in Eden Prairie pay trunk sewer and
water assessments, but the owner was not aware of this fact until he submitted
his application in early February. The trunk sewer and water assessments go y
towards paying our costs for past and future investments we have in the trunk
sewer and water system as well as the water treatment plant, wells and storage
facilities.
Since no gravity system is available for use by this project, it will be
necessary to install a lift station to serve the development. A question then
becomes one of providing for a permanent or a temporary lift station. As a
rule, we do not allow lift stations during subdivision development because of
the high cost of maintenance and the unreliable nature of adding a mechanical
device into the system. Our first reaction to the proposal was that a
redesign of the sanitary sewer system would be necessary to allow for a
gravity system of the project to the northwest corner of the site. With
proper planning, it would be possible to construct the lift station as a
temporary facility, which could be abandoned when gravity sewer came along
Eden Prairie Road from the south. However, the developer's engineer maintains
that this would cost approximately $75,000 more to construct the system in
this fashion.
As an alternative to this extra expense, I have assembled information
concerning the maintenance cost of a permanent lift station. My assumption
was that once a housing project was constructed with a permanent lift station,
forever would be at least 100 years. Over the course of 100 years, the City
of Eden Prairie can expect to spend in excess of $650,000. This figure is
based on maintenance, repair and rebuilding the lift station over that period
of time. The main ingredient of the cost is the yearly maintenance and
electrical costs which are estimated to be approximately $6,I30.
Page 2, Red Rock Heights Addition 3114185
If the City of-Eden Prairie were to invest $65,000 today at 10% interest, the
principal and the resultant interest income would be sufficient to pay the
annual cost of the lift station forever. However, I believe that the City of t
Eden Prairie could realize a savings of approximately $35,000 in extra costs °
to serve this subdivision .if it is not necessary to provide gravity service to
the site. These savings would generally be in the depth of constructing the s
Mitchell - Red Rock - Staring trunk sewer. Therefore, on the one hand, we
have a cost of $65,000 to maintain the lift station, but a potential $35,000
savings if we allow it. I suggested to the developer that the City should
receive a cash payment of $30,000 to cover these excess costs that we will
incur.
The other issue at question is the need to provide storm sewer for the
drainage of the Middle School pond on the north side of Scenic Heights Road
and a landlocked pond that lies partially within the boundary of this
development. I have indicated to the developer that the City should pay a
share of the cost to provide drainage for the Middle School pond, but that
perhaps the cost to drain the pond that is partially on his property should be
at his expense. I am advised by the developer's engineer that the cost to l
drain the small pond will be high and that they don't feel that is a fair
position for them to be in.
In the past, subdivisions that had some "public benefit" kinds of improvements j
that fell entirely within the proposed development have in fact been provided
by the developer. However, perhaps the cost to provide storm sewer drainage
from the small pond may be higher than some of those previous developer
expenditures. I did advise the developer that a special assessment project
could be considered for the drainage of this small pond, but that the project
would surely be unpopular with the existing residents in the vicinity. i have
not quoted any costs for storm sewer improvements for this project. At this
time, my only information comes from the drainage plan that was prepared for
the City in 1970. The specific needs, pipe size and other technical details
have not been reviewed by my staff and therefore the actual extent of the cost
is not certain. Uniess the developer chooses to provide the improvements at R
his own expense, I would anticipate that you will be asked to consider a
special assessment project if this subdivision is approved.
I will be available at the Council meeting to discuss this issue further and
to answer the questions that will arise from this memorandum. Although brief,
this information is provided so that you may have an opportunity to consider 9
It prior to the meeting and to provide the developer with the staff's written
position.
cc: Jerry Halmrest
William H. Gilk
Ron Krueger
614
a
t
STAFF REPORT
t
TO: Planning Commission
FROM: Scott A. Kipp, Assistant Planner
THROUGH: Chris Enger, Director of Planning
DATE: February 25, 1985
PROJECT: Red Rock Heights
LOCATION: South of Scenic Heights Road and South of School Road
APPLICANT: Jerry Halmrast and Bill Gilk
FEE OWNER: Joseph Nechas Estate
REQUEST: Zoning District Change from Rural to 111-13.5 for 22.6 acres, and
Preliminary Plat of 33.9 acres into 50 single family lots and three
outlots.
2 t-2 7-27 y
Background PRK I-
i
The Comprehensive Guide Plan depicts S e 9 2
a combination of Low Density
Residential, for up to 2.5 units per
acre, and Public Open Space land I I-GEN RI-22
uses for this property. The site is I- 79-04�
bordered on the north by the School "PROPOSED SITE
Administration Building, on the east jr,*
by the future Scenic Heights West F, B 16-'
subdivision (R1-9.5) and existing
Red Rock Hills subdivision (R1-
13.5), and Red Rock Lake to the .
1
south and west.
The site is characterized by sharply I
rolling topography with a low point
near the center of the site, and i <' _
flood plain to the south and west. o "
Vegetation consists of a stand of f`;
elms located in the low area, and
lowland vegetation bordering the 76
flood plain.
The site abuts two water bodies; an
unclassified ponding area to the I,-Q 17-3
east, and Red Rock Lake. Red Rock I " _n" L_v \ S
Lake is classified as a Recreational
Development hater and provisions of I , .. ��� :1::•. �,:
the Shoreland Ordinance apply. —
A EA TL 0"'GOA AP
Red Rock Heights 2 February 25, 1985
`P
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y
Site Plan
Fifty R1-13.5 lots and three outlots, are proposed on 33.9 acres, for a gross
density of 1.47 units per acre, and a net density of 2.21 units per acre, based on
22.6 acres of developable land. The average lot size is 16,340 square feet, with a
maximum lot size of 26,250 square feet. The majority of lot frontages 80 to 95 feet
in width. Lots 14 and 15, Block 2, do not meet the minimum lot size requirement of a
13,500 square feet. The preliminary plat should be revised to reflect the minimum
lot size for the R1-13.5 District.
Proponent has indicated that the east half of the site will be developed during
1985, with the west half to follow in the spring and summer of 1986.
I
Shoreland Ordinance
The following provisions of the Shoreland Ordinance apply to all lots abutting Red
Rock Lake, which has a the Normal Ordinary High Water Mark of 840.5 feet:
Minimum lot size - 20,000 square feet
Minimum lot width at building line - 120 feet
Minimum lot width at Normal Ordinary High Water Mark - 120 feet
Minimum setback from Normal Ordinary High Water Mark - 100 feet
Lots 1, 2, and 4 through 17, Block 1, do not meet one or more of these requirements.
SHORELAND ORDINANCE REQUIREMENTS NOT MET, BY LOT
MIN. MIN. LOT WIDTH MIN. LOT WIDTH MIN. SETBACK f
LOT LOT SIZE AT BLDG. LINE AT N.O.H.W.M. FROM N.O.H.W.M.
a
1 X X !
2 X
X X
X X X I
6 X X
X
X X X
9 X X X
D X X ,
X X
T X X
X
T5 X X X X
X X X
17- X X X X
The proponent is requesting variances from the Board of Appeals. Staff feels that
the variances may have merit due to the following reasons:
Distance to actual water body is in excess of 300 feet;
�`L(o
Red Rock Heights 3 February 25, 1985
- House pads are elevated a minimum of 24 feet above the high water
mark;
- Average abutting lot size is 18,530 square feet, as compared to
19,400 square feet in Red Rock Hills; and, IIf
- Densities of 1.47 units per acre gross, and 2.21 net, are consistent
i
with Guide Plan densities and surrounding densities. (Red Rock Hills
- 2.05 du/acre, Scenic Heights - 2.5 du/acre). {
Grading and Drainage I
The majority of the grading is concentrated on road cuts and house pad locations.
Additional grading work is proposed for some slope modification along the west and
south portions of the site, with grades not to exceed 3/1. l
Lot 11, Block 4, indicates proposed slopes at 2/1. Proponent should modify this 1
area to reflect a 3/1 maximum. All slopes in excess of 3/1 should be sodded. The '
]ow point at the center of the site is proposed for 17 feet of fill for road i
alignment purposes. The adjacent land owner to the south has given permission for
grading of their property. All road grades conform to City standards.
Grading limits should be established for tree preservation purposes along the west
and south boundary of the subdivision to maintain an adequate buffer between the
site and Red Rock Lake. Additional grading limits for tree protection should occur
around the holding pond to the east.
Proposed drainage of the site will be directed toward three basic areas. The west
portion will drain toward the Red Rock Lake flood plain. The central portion will
drain to a catch basin. From that point, run-off will flow through a storm sewer
pipe to Red Rock Lake. The east portion of the site will utilize the holding pond.
The City Engineer has reviewed the proposed drainage plan and recommends the
following revisions: (See Attachment A)
1. Extend the storm sewer pipe in Street "B" north to Scenic Heights
Road.
2. Provide a storm sewer pipe under Scenic Heights Road to the existing
pond to the north.
3. Provide a storm sewer pipe connection to the pond to the east.
4. Provide additional catch basins where determined by the City
Engineer.
5. Provide storm drainage easement around Outlot C, up to the High
Water Mark of 850.2, and a 20-foot wide easement over the storm
sewer connection between Outlot C and Street "B".
Utilities
Sewer and water service can be supplied to this site. The proposed sewer design
Red Rock Heights 4 February 25, 1985
will drain, via gravity, to the southeast corner of the site, where it will be
pumped by a permanent lift station to the existing sanitary sewer located in Village
Woods Drive to the east.
The proposed water system will loop from the existing 16-inch main in Village Woods
Drive to the east, to the future Scenic Heights West subdivision. This main will
also extend along Street " A" to its terminus at Scenic Heights Road.
The City Engineer has reviewed the proposed sewer system and water service, and
recommends the following:
1) The sanitary sewer system should be designed to flow north to
connect to a future sewer line in Scenic Heights Road.
2) As an interim solution, a temporary lift station would be necessary
to pump the flowage north to an existing sewer line, which serves
Central Middle School.
3) The 16-inch water main should be extended from its terminus at the
west access of Scenic Heights Road, westerly to the property limit.
(See Attachment B)
The Fire Marshall has also reviewed the proposed water system and has recommended
.that the water main be looped from Street "B" to Street "D" for fire protection
purposes.
Parks and Open Space
The Department of Natural Resources has classified Red Rock Lake, up to the Normal
Ordinary High Water Mark, as public waters, consistent with the Comprehensive Guide
Plan. Outlot A (10.3 acres) lies within this area and is basically marsh land in
character and undevelopable. The proponent has indicated that this outlot will he
dedicated to the City. The holding pond (Outlot C) will also be dedicated to the
City, consistent with both the Scenic Heights West and Red Rock Hills subdivisions
to the east.
Pedestrian Systems
The Director of Conrnunity Services has reviewed this proposal and indicates that
there exists a five-foot wide concrete sidewalk along the north side of Village
Woods Drive in the Red Rock Hills subdivision. The proponent should continue this
five-foot wide sidewalk as depicted on Attachment C. Proponent should also extend
the eight-foot wide bituminus trail along Scenic Heights Road to the west access as
depicted on Attachment C.
Access )
Staff has reviewed access points to the proposed subdivision based on a 30 m.p.h.
design speed, and feels that the sight vision distance at both street intersections
with Scenic Heights Road are adequate.
Only Lots 1 and 2. Block 1, should be allowed access directly to Scenic Heights
Road. All other lots should use only internal roads for access.
Red Rock Heights 5 February 25, 1985
Highway 0212 Alignment
The City's Comprehensive Guide Plan indicates alternative locations for the
alignment of Highway #212. Attachment D shows the alignment preferred by the City,
which would follow Highway #5 and the railroad tracks before extending out into the
rural area. The other alignment (Attachment E) would follow Highway #5 for a
shorter distance, turn in a southerly direction, cross Mitchell Road between
Cooperative Power and CPT buildings, and align through the northwest corner of the
proposed Red Rock Heights subdivision, crossing County Road #4 approximately one-
quarter mile south of the railroad tracks.
RECOMMENDATIONS
Staff would recommend approval of the request for rezoning from Rural to R1-13.5 for
22.6 acres, with variances to be reviewed by the Board of Appeals, and preliminary
plat of 33.9 acres into 50 single family lots and three outlots subject to the
following:
1. Prior to Council review, proponent shall: 3
A. Revise the preliminary plat to reflect a minimum lot size of 13,500
square feet for Lots 14 and 15, Block 2.
B. Revise water service to include extention of main from west access
of Scenic Heights Road to west property limit; revise water service
to include water main looping from Street "B" to Street "D" (See
Attachment B); revise sanitary sewer system to flow north to connect
to a future sewer line in Scenic Heights Road, with a temporary lift
station to pump flowage to an existing.sewer line, which serves
Central Middle School; modify the stormwater run-off plan to extend
the storm sewer pipe in Street "B" north to Scenic Heights Road;
provide a storm sewer pipe under Scenic Heights Road to the existing
pond to the north; provide a storm sewer pipe connection to the pond
to the east; and, provide additional catch basins where determined
by the City Engineer.
C. Revise the preliminary plat to include a five-foot wide concrete
sidewalk along the north side of Street "A" to extend to Scenic
Heights Road; also, extend the eight-foot wide bituminus path to the
west access, to Scenic Heights Road: (See Attachment C)
D. Provide storm drainage easement around Outlot C, up to the High
Water Mark of 850.2, and a 20-foot wide easement over the storm
sewer connection between Outlot C and Street "B".
E. Submit plans indicating the construction limits for grading,
proposed location of snow fencing for preservation of existing
vegetation along the west and South boundaries of the subdivision,
and also the area around holding pond.
2. Prior to Final Plat, proponent shall:
A. Provide detailed drainage and erosion control plans for review by
the Watershed District and City Engineer, and provide detailed
sanitary sewer, storm sewer, water, and street plans, for
Engineering Department review. G01 1
Red Rock Heights 6 February 25, 1985
B. Convey Outlots A and C, Red Rock Heights Addition, to the City,
clear of any mortgages, liens, assessments, or encumbrances.
3. Prior to Building permit issuance, proponent shall:
A. Pay the Cash Park Fee.
B. Notify the City and Watershed District 48 hours in advance of
grading. -
C. Concurrent with street construction, construct a five-foot wide
concrete sidewalk along the north side of Street "A" and extend the
eight-foot wide bituminus path to the west access of Scenic Heights
Road, as depicted on Attachment C.
}
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MEMORNADUM
T0: Parks. Recreation and Natural Resources Commission
FROM: Bob Lambert. Director of Community Services
DATE: February 28, 1985
SUBJECT: Supplementary Report to the February 25, 1985 Planning
Staff Report for Red Rock Heights
The February 25, 1985 Planning Staff Report addresses the natural resources
concerns regarding the Shoreland Management Ordinance and the pedestrain
system requirements. Tile purpose of this supplementary report is to consider
in further detail the impact of this proposal on the proposed pedestrian
system in this sector.
There are three major interconnecting pedestrian routes within this area that !
will be affected by this plat:
1. SCENIC HEIGHTS TRAIL - When Scenic Heights trail was constructed
i.n 1978, the main purpose was to provide a safe pedestrian access
from the east to what was then the High School and is presently
the Middle School. The trail from Mitchell Road westerly to the
High School is on the south side of Scenic Heights Road, the trail
crosses Scenic Heights Road just west of School Road and continues
westerly along the school property to the intersection of Easy St.
and Scenic Heights Road. The philosophy at that time was to desig-
nate Easy St. as the continuation of the trail to County Road 4, as
Easy St. had very little traffic.
Since 1978, the City has observed bicylists, joggers and pedestrians
using this trail system, and has noted that the majority of the traf-
fic continues to follow Scenic Heights Road to the west rather than
using Easy St. as the connection to County Road 4. The Community
Services Staff recommend that the 8' asphalt bikeway be extended
along the south side of Scenic Height Road through this development
and be continued westerly along the south side of Scenic Heights
Road as property between this site and County Road 4 develop.
2. VILLAGE WOODS DRIVE SIDEWALK - Village Woods Drive will eventually
extend from Scenic Heights Road south and easterly to Mitchell Road.
A 5' concrete sidewalk has been constructed along the north side of
Village Moods Drive along all existing sections of that street.
The Community Services staff recommend that this 5' concrete side-
walk be extended from its existing location ,just west of Morraine
Way, west and north to Scenic Heights Road.
3. RED ROCK LAKE TRAIL - The existing 6' asphalt trail along the north
shore of Red Rock Lake will eventually be extended northerly, through
the unplatted lot between Red Rock Hills Subdivision and this sub-
division, and connect to the sidewalk pedestrain system along Village a
Woods Drive. The Community Services staff have not recomnended i
extending this 6' asphalt trail along the shoreline as the shore-
line at the normal ordinary high water mark generally parallels the
extended Village Wood Drive to the north and west into the marsh. If
the trail followed this shoreline, it would have a marsh on the west
and relatively shallow backyards to the. east. Staff does not feel
the trail along the marsh would justify Ahe intrusion to these pri-
vate properties and, therefore, recommends the trail system be ex-
tended to the sidewalk along Village Woods Drive at this point.
The Community Services staff recommend approval of Red Rock Heights as per the
February 25, 1985 Planning Staff recommendations.
BL:md
GOVT LOT I GOVT LOT 2
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MINUTES
EDEN PRAIRIE PLANNING COMMISSION
Monday, February 25, 1985
School Board Meeting Room
7:30 p.m.
MEMBERS PRESENT: Chairman William
Bearman Hako, ninia Gartner, Robert Hallett,
Stan Johannes, Ed
i
MEMBER ABSENT: Dennis Marhula
STAFF PRESENT: Chris Enger, Director of Planning; Michael Franzen, Senior
Planner; Kate Karnas, Administrative Assistant
i
Pledge of Allegiance--Roll Call
I. APPROVAL OF AGENDA j
MOTION:
Motion was made by Torjesen, seconded by Schuck, to adopt the agenda as
printed.
Motion carried--5-0-0
II. MEMBERS REPORTS
None.
III. MINUTES
MOTION:
Motion was made by Torjesen, seconded by Schuck, to approve the minutes of
the February 11, 1985, Planning Commission meeting as printed.
Chairman Bearman stated that he felt it was important to note that the
i
Medium Density Residential and Office land uses of the plan recommended to
the City Council for approval (See Attachment to Planning Commission minutes
of February 11, 1985) regarding the Comprehensive Guide Plan amendment
proposed by Northrup King were the overriding concerns of the Commission.
Other Commissioners concurred.
Motion carried--4-0-1 (Hallett abstained)
IV. DEVELOPMENT PROPOSALS
A. RED ROCK HEIGHTS, by Jerry Halmrast and Bill Gilk. Request for
Zoning District Change from Rural to R1-13.5 for 22.6 acres and
Preliminary Plat of 33.9 acres into 50 lots and three outlots.
Location: South of Scenic Heights Road, east of County Road N4. A
public hearing.
Planning Commission Minutes 2 February 11, 1985
)
Mr. Ron Krueger, Krueger and Associates, representing the proponents,
explained the proposed zoning and platting request and reviewed the site
characteristics with the Commission.
3.
Planner Franzen reviewed the findings and recommendations of the Staff
Report dated February 22, 1985, explaining the concerns of the Staff in .
analysis of the proposal, in particular with respect to utilities and
Shoreland Management regulations.
Torjesen asked if the future alignment of Highway #212 had been considered
in the planning of this subdivision. Staff responded that the two
alternative alignments for Highway #212 had been reviewed with respect to
this project. One of the alignments would cut through the northwest corner
of this project; the other would align further northwest of this project and
would not interfere with the project.
Torjesen asked if this was the property which had been represented in the
past as two, or three, large horse farms. Staff responded that it was;
however, this representation had been made by the developer of the property f
to the east with respect to the question of connection of the streets
between these two properties.
Gartner expressed concern regarding the houses which were proposed to be
located closer to the Normal Ordinary High Water Mark than allowed by the i
Shoreland Management Ordinance requirements. She stated that Red Rock Lake
supported a unique wildlife habitat, and asked if the encroachment of the
homes into the designated setback area would be detrimental to this habitat.
Staff reviewed the variances being requested by proponent with respect to
the Shoreland Management Ordinance requirements. There were three being
requested by the proponents, including: 1) Variance from the requirement
for lots to be a minimum of 20,000 sq. ft.--most met the requirement, but
the average lot size was 18,500 sq. ft. for those abutting the lake; 2)
Variance from the requirement for the lots to be 120 ft. wide--most met the
requirement, but some did not as proposed; and, 3) Variance from the
requirement for the structures to be located at least 100 ft. from the
Normal Ordinary High Water Mark=-a few of the lots in the southeast portion i
of the project did not meet this requirement. Staff pointed out that, even
though the lots in the southeast portion of the property would have the
structures closer to the Normal Ordinary High Water Mark, these lots were
located at an elevation approximately 24 ft. higher than the shoreland for
Red Rock Lake.
Hallett asked if the impact of such things as fertilizer washing into the
lake would be greater if there were more lots in the plat. Chairman 8earman
responded that he did not feel this would have a significant impact. He
stated that there would be about the same amount of lawn to be fertilized
whether there was one house on one acre of lawn, or three houses on one acre
of lawn.
Chairman Bearman added that he felt the situation involving the setback for
the structures from the Normal Ordinary High Water Mark was mitigated by the
fact that the lots would be so much higher in elevation than the shoreland
in the southeast portion of the property. Other Commissioners concurred.
'100
Planning Commission Minutes 3. February 11, 1985
Chairman Bearman asked if an Environmental Assessment Worksheet had been
prepared for this property. Staff responded that it was not required.
Torjesen asked if the proposed development was in conformance with the Red
Rock Sector Study, which had been prepared by the City several years ago.
Staff responded that it was in conformance with the Comprehensive Guide
Plan, which superceded the Red Rock Sector Study.
Schuck asked what the price range of the units would be. Mr. Krueger
responded that the range would be $120,000-200,000.
Chairman Bearman asked for comments and questions from members of the
audience. There were none.
MOTION 1:
Motion was made by Schuck, seconded by Gartner, to close the public hearing.
Motion carried--6-0-0
MOTION 2:
Motion was made by Schuck, seconded by Gartner, to recommend to the City
Council approval of the request of Bill Gilk and Jerry Halmrast for Zoning
District Change from Rural to R1-13.5 for 22.6 acres for Red Rock Heights,
based on written materials dated January 23, 1985, and plans dated January
25, 1985, subject to the recommendations of the Staff Report dated February
22, 1985.
Motion carried--6-0-0
MOTION 3:
Motion was made by Schuck, seconded by Gartner, to recommend to the City
Council approval of the request of Bill Gilk and Jerry Halmrast for
Preliminary Plat of 33.9 acres into 50 single family residential lots and
three outlots for Red Rock Heights, based on written materials dated Janaury
23, 1985, and plans dated Janaury 25, 1985. subject to the recommendations
of the Staff Report dated February 22, 1985.
Motion carried--6-0-0
V. OLD BUSINESS
None.
VT. NEW BUSINESS
None.
VTT. PLA4N[ S REPORT
Planner Enger stated that the Staff had been reviewing the projected
population and employment figures for the City and he explained the findings
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 85-76
RESOLUTION ORDERING IMPROVEMENTS AND j
PREPARATION OF PLANS AND SPECIFICATIONS
4
1
i
WHEREAS, a resolution of the City Council adopted the 19th day of
February, 1985,fixed the 19th day of March, 1985, as the date for a public
hearing on the following proposed improvements:
I.C. 52-061, Sanitary Sewer in the Paulsen's 1st
and 2nd Additions and Apple Groves
WHEREAS, ten days published notice of the Council hearing through two
weekly publications of the required notice was given and the hearing was held
on the 19th day of March, 1985,at which all persons desiring to be heard were
given an opportunity to be heard thereon.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
1. Such improvement is hereby ordered.
2. The City Engineer is hereby designed as the Engineer for this
project and is hereby directed to prepare plans and
specifications for the making of such improvement, with the
assistance of RCM, Inc.,consulting engineers.
ADOPTED by the Eden Prairie City Council on March 19, 1985..
Gary D. Peterson, Mayor
ATTEST: SEAL
John D. Frane, Clerk
i
i
i
O
1
MARCH 19,1985
19081 HOPKINS POSTMASTER POSTAGE FOR SENIOR NEWLETTER 31.82
, 32 NORTHWEST AIRLINES CONFERENCE WATER DEPT 178.00
11jUB3 PETTY CASH EXPENSES 52.18
19084 NORTHWEST BANK HOPKINS PAYROLL 2-22-85 850.00
19085 QUALITY WINE CO LIQUOR 1150.35
19086 TWIN CITY WINE CO WINE 784.41
19087 ED PHILLIPS & SONS CO WINE 4135.58
19088 JOHNSON BROTHERS WHOLESALE LIQUOR LIQUOR 1634.54
19089 CAPITOL CITY DISTRIBUTING CO WINE 402.65
19090 PRIOR WINE CO WINE 76.86
19091 INTERCONTINENTAL PCKG CO WINE 116.44
19092 EAGLE WINE CO WINE 1115.60
19093 GRIGGS COOPER & CO INC LIQUOR 3024.84
19094 HOPKINS POSTMASTER POSTAGE FOR SPRING BROCHURE 801.54
19095 KRISTY KENYON REFUND-SKI TRIP 20.50
19096 CAROL DOLLY REFUND-GOOD COMPANY TRIP 16.00
19097 MINNESOTA DEPARTMENT OF PUBLIC SA MOTOR VEHICLE REGISTRATIONS 13.25
19098 JEFFREY FREDRICK SCHOOL-FIRE DEPT 606.00
19099 AMERICAN WATER WORKS ASSOC CONFERENCE-WATER DEPT 361.00
19100 JASON-NORTHCO PROPERTIES MARCH RENT 3887.22
19101 HENNEPIN COUNTY DEPARTMENT OF PRO DELINQUENT TAXES-EDENVALE 5TH ADDITION 76.04
19102 MINNESOTA INSTITUTE OF LEGAL EDUC CONFERENCE-MAYDR & MANAGER 230.00
19103 SUPPLEES 7 HI ENTER INC MARCH RENT 3741.02
19104 RALPH KRATOCHVIL EXERCISE CLASS INSTURCTOR/FEES PD 44.00
19105 ANN RANNOW REFUND-PRE NATAL CLASSES 9.60
"106 JOANNE UNDERHILL REFUND-SWIMMING CLASSES 17.00
07 INTERCONTINENTAL PCKG CO WINE 1605.79
19108 TWIN CITY WINE CO WINE 131.B1
19109 PRIOR WINE CO WINE 1423.18
19110 JOHNSON BROTHERS WHOLESALE LIQUOR WINE 3320.01
19111 GRIGGS COOPER & CO INC LIQUOR 2511.22
19112 ED PHILLIPS & SONS CO LIQUOR 4314.18
19113 QUALITY WINE CO WINE 1062.92
19114 ST PAUL RED CROSS CONFERENCE-COMMIU14ITY CENTER 70.OD
19115 MINNESOTA REC & PARK ASSOC CONFERENCE-COMMUNITY SERVICES & COMM CENT 120.00 ;
19116 DANA GIBBS MARCH PACKET DELIVERIES 65.00
19117 MET SPORTS CENTER TICKETS-DISNEY ON ICE/FEES PD 345.00
19118 MINNESOTA GAS CO SERVICE 7090.15
19I19 NORTHERN STATES POWER CO SERVICE 1916.57
19120 FEDERAL RESERVE BANK PAYROLL 3-12-85 20704.36
19121 COMMISSIONER OF REVENUE PAYROLL 3-12-85 10822.07
19122 DEPT OF EMPLOYEE RELATIONS PAYROLL 3-12-85 15398.88
19123 MINN STATE RETIREMENT SYSTEM PAYROLL 3-12-85 35.00
19124 AETNA LIFE INSURANCE & ANNUITY CO PAYROLL 3-12-85 120.00
19125 GREAT WEST LIFE ASSURANCE. CO PAYROLL 3-12-85 4499.00
19126 INTERNATIONAL UNION OF OPERATING PAYROLL 3-12-85 668.B5
19127 PUBLIC EMPLOYEES RETIREMENT ASSN PAYROLL 3-12-85 17018.16
19I28 WESTERN LIFE INSURANCE CO PAYROLL 3-12-85 826.19
I9129 GROUP HEALTH PLAN INC PAYROLL 3-12-85 2353.96
19130 MEDCENTER HEALTH PLAN PAYROLL 3-12-85 5489.70
'31 PHYSICIANS HEALTH PLAN PAYROLL 3-12-85 12449.40
._132 DAY DISTRIBUTING CO BEER 3081.66
19133 PEPSI/7-UP BOTTLING CO LIQUOR STORES-MIX 584.95 .
19134 BEER WHOLESALERS INC BEER 4215.10
19135 CITY CLUB DISTRIBUTING CO BEER 7360.I0
15297965 ���
19136 CAPITOL CITY DISTRIBUTING CO BEER 233.07 }
19137 THORPE DISTRIBUTING CO BEER 9536.I7
'38 EAST SIDE BEVERAGE CO BEER 4844.5:
_139 REX DISTRIBUTING COMPANY INC BEER 325.0t' j
19140 GRIGGS BEER DIST INC BEER 1687.6:,
19141 CAPITOL CITY DISTRIBUTING CO BEER 22.00
19142 COCA COLA BOTTLING CO LIQUOR STORE - MIXES 484.00 }
19143 KIRSCH DISTRIBUTING CO BEER
19144 ROYAL CROWN BEVERAGE CO MIXES - LIQUOR STORE 141.80
19145 ALASKAN AIR CONDITIONING INC SEAL KIT 44.93
525.00
19146 ALEXA14DER MANUFACTURING CO TRi-ANALYZER-POLICE DEPT 605.OD
19147 ALL STEEL SOCCER GOALS INC SOCCER GOALS
19148 AMERICAN LINEN SUPPLY CO MOPS/DUSTERS-LIQUOR STORE 8.85
19149 AMERICAN NATIONAL BANK BOND PAYMENT 254.13
19150 .AMERICAN STEEL & INDUSTRIAL SUPPL STEEL-PARK MAINTENANCE 606.90
19151 AMERICAN WATER WORKS ASSOC FILM RENTAL-WATER DEPT 72.00
19152 AMI PRODUCTS INC 2 HYDRAULIC NDTORS-EQUIPMENT MAINT 224.00
19153 AMP PRODUCTS CORPORATION -BATTERY CABLES/RINGLITTER/EQUIPCRIMPMAIN 820.55
WITH RATCHET/CABLE19154 DALE ARNDT FEBRUARY-CUSTODIAL SERVICE 200.00
19155 ASPHALT PAVING MATERIALS REFUND-11ATER METER DEPOSIT 251.49
19156 ASTLEFORD INTNL INC SWITCH-EQUIPMENT MAINTENANCE 15.50
19157 AT & T INFORMATION SYSTEMS SERVICE 1254.63
19158 AT & T INFORMATION SYSTEMS SERVICE 69.52
19159 AUTO CENTRAL SUPPLY -PAINT/MUD BOARDS/DURAGLASS-PARK MAINT & 263.56
STREET DEPT
�19160 AVOLES PLUMBERS & BUILDERS REFUND WATER METER DEPOSIT 60.69
61 ARNIE BARNES VOLLEYBALL OFFICIAL/FEES PD 150.00
r9162 BERGIN AUTO BODY REPAIR PICKUP-WATER DEPT 130.00
19163 BLACK & VEATCH SERVICE-IIATER PLANT EXPANSION 624.94
19164 CITY OF BLOOMINGTON JANUARY 85 & SEPT 84 IMPOUND SERVICE 975.DO
19165 BMB SERVICES -AMPLIFIER FOR RINK DISCO/REPAIR SOUND 1337.78
SYSTEM-COMM CENTER
19166 BOYER FORD TRUCKS INC FAN/SWITCH/PULLEY/WASHER 96.14
19167 LEE BRANDT SOFTBALL & HOCKEY OFFICIAL/FEES PD 124.5C
19168 BREDEMUS HARDWARE CO WALL STOPS FOR HOLDING DOORS-P/S BLDG 30.34
19169 BROADWAY EQUIPMENT COMPANY CAR WASH SOAP-FIRE DEPT 277.50
19170 BROOKDALE FORD INC 1985 FORD VAN-POLICE DEPT 1127B.00
19171 BROOKLYN CENTER 1IELDING CO SERVICE-MDUNT CURVE ROAD 130.00
19172 ANDREA BROSCH RACQUETBALL INSTRUCTOR/FEES PD 65.00
19173 BROWN PHOTO FILM PROCESSING/POLICE DEPT & FIRE DEPT B48.0
40
19174 THOMAS K BROWN CONFERENCE-POLICE DEPT 30 .10
19175 BRYAN ROCK PRODUCTS INC FEBRUARY ROCK
19176 BURTON EQUIPMENT INC SAFETY EQUIPMENT-WATER DEPT 977.32
19177 BUSINESS FURNITURE INC TABLE - FORESTRY DEPT 254•10
19178 BUTCHS BAR SUPPLY SUPPLIES-LIQUOR STORES 247.5`•,
19179 CARGILL SALT DIVISION SALT-STREET DEPT 480.97
19180 CARLSON & CARLSON ASSOC SERVICE-POLICE DEPT 2020.0l'
19181 CHANIIASSEN BUMPER TO BUMPER -SHOES/AIRGFILTERS BELTS/DISTRIBUTORRCAP/COIL AKE 1060.45
CLUTCH/MOTOR/EXHAUST/HOSE COUPLER/FLYWHEEL
10182 CHAPIN PUBLISHING CO LEGAL AD-VALLEY PARK & FRANLO PARK 88.4C
183 CfIENEY'S SIGNS & SPECIALTY CO BADGES-"CITY COUNCIL 117.1&
19184 JAMES G CLARK SCHOOL-POLICE DEPT 461.4'
4673267
IoU
19185 CLEVELAND COTTON PRODUCTS TOWELS-P/W BUILDING 225.0:'
19I86 CLUTCH & TRANSMISSION SER INC FITTINGS/HYURAULIC HOSES 34.0. l
87 CONWAY FIRE & SAFETY INC HOSE-FIRE DEPT 11907.C.
v188 COPY EQUIPMENT INC -8LUELINE/FILM/FIELD BOOK/CHICAGO TAPE & 286.7E :r
-SIGN-ENG DEPT/X-ACTO BLADES & KNIFE/
VELLUM-PARK PLANNING
19189 COUNTRY CLUB MARKET INC COFFEE 151.9
19190 CUSTOM FIRE APPARATUS INC ADAPTERS/VALVE/PIPES-FIRE DEPT 920.8C
19191 CUTLER MAGNER CO QUICKLIME-WATER DEPT 3723.6_ j
19192 WARD F DAHLBERG MARCH EXPENSES 170.5E
19193 DALCO CLEANING SUPPLIES-FIRE DEPT-VACUUM $800 2651.1t
19194 CRAIG W DAWSON EXPENSES 11.0c
19195 EUGENE DIETZ FEBRUARY EXPENSES 248.0C
19196 DORHOLT INC OFFICE SUPPLIES-POLICE OEPT 199.0C
19197 JOY EASTMAN EXPENSES 161.IC
19198 EAU CLAIRE COUNTY WITHHOLDINGS FROM EMPLOYEE PER COURT ORDER 5.00
19199 THE ECONOMICS PRESS INC SUBSCRIPTION-MANAGER 114.00
19200 THE ECONOMICS PRESS INC BOOKS-POLICE DEPT
19201 EDEN PRAIRIE TRASHTRONICS FEBRUARY 85 TRASH SERVICE 307.5C
19202 CITY OF EDINA FEBRUARY TESTS 76.01,'
19203 ELVIN SAFETY SUPPLY INC MASKS/FOG LENS-WATER DEPT 16225
19204 JEFFREY ELWELL MILEAGE 32:00 t
19205 EMERGENCY MEDICAL PRODUCTS INC IST AID EQUIPMENT - FIRE OEPT 4674.49'
19206 EMPIRE-CROWN AUTO INC MUD FLAPS-POLICE DEPT 99.0S
19207 DOUG ERNST ICE AUGER BLADES-PARK MAINTENANCE 5.2'_• `
19208 FIRE CHIEF HOWARD ANDERSON TREASU 1985 DUES-POLICE DEPT 20.00
'^ 09 FIRE INSTRUCTORS ASSN OF MN BOOKS-FIRE DEPT 44.85
'10 FLAHERTY'S HAPPY TYME COMPANY MIX 136.2C
19211 FLYING CLOUD SANITARY LANDFILL SERVICE 29.76
19212 FOREST COMMODITIES SPECIALISTS LUMBER-ROUND LAKE PARK 184I.00 I
19213 JOHN FRANE FEBRUARY EXPENSES 165.0C' y
19214 FRANZ ENG REPRODUCTIONS INC SANITARY & STORM SEWER MAPS PRINTED-ENG 340.42
19215 G & K SERVICES FEBRUARY TOWEL/JACKET/COVERALL SERVICE 316.(;:
19216 GENERAL COM14UNICATIONS INC RADIO REPAIR & PARTS 762.37
19217 GENERAL OFFICE PRODUCTS CO OFFICE SUPPLIES-ENG DEPT 24.8=
19218 GOPHER SIGN CO SIGNS-WATER DEPT 2481.75
192I9 GREATER MIN14EAPOLIS AREA MARKET REPORT-ASSESSING DEPT 36.00
1922D GUNNAR ELECTRIC CO INC PARK LIGHTS-STARING LAKE PARK 14969.00
19221 HACH CO LAB SUPPLIES-WATER DEPT 40.82
19222 HANCO TRUCK TIRE CHANGER 5010.7_
19223 HANS HAGEN REFUND WATER METER DEPOSIT 10.22
19224 JIM HATCH SALES COMPANY INC RAKES/SHOVELS/SPADE-PARK MAINTENANCE 250.6C
19225 ROGER HAWKINSON BASKETBALL OFFICAIL/FEES PD 125.0C,
19226 HENNEPIN CTY CHIEFS OF POLICE SCIIOOL-POLICE DEPT 50.0,''
19227 IIEN141PIN COUNTY TREASURER SERVICE-TRAFFIC SIGNAL/CTY I & CTY 18 5709.4:
I9228 HENNEPIN COUNTY TREASURER LICENSE FEE-COMMUNITY CENTER 225.0i.
I9229 D C HEY CO INC SERVICE 55.0(
19230 CHARLES HILKER BROOMBALL OFFICIAL/FEES PO 75.0
19231 MARKUS HILL VOLLEYBALL OFFICIAL/FEES PD 100.01
I9232 HORWITZ INC REPAIR WATER PIPE-P/S BLDG 286.6i
19233 INDEPENDENT SCHOOL DIST N272 EXPENSES-KIDS KORNER 53.5t.
?34 AIR POIJER EQUIPMENT CORP AIR COMPRESSOR-STREET GARAGE 8237.31 '
_,235 IBM CORP OFFICE SUPPLIES 115.2�
19236 JAK OFFICE PRODUCTS CO OFFICE SUPPLIES-POLICE DEPT 162.11
6785624
a
19237 F F JEDLICY.I INC SERVICE-SUNNYBROOK & HOMEWARD HILLS RD 522.5C`
^�38 JM OFFICE PRODUCTS INC OFFICE SUPPLIES-WATER DEPT & POLICE DEPT 23.5`. .I
.39 CARL JULLIE EXPENSES 47. '
19240 KARULF HARDWARE INC -WASHERS/R..I VETS/ENAMEL/SCREWS/ROPE/FUNNEL
1250.8_
-CORKS/ROLLERS/PAINT BRUSHES/POTTING SOIL/
-BUCKETS/TAPE/WRENCHES/DRILL BIT/RUG
-CLEANER/BATTERIES/VARNISH/HAILS/SAW
BLADES/FURNANCE FILTERS/GAS CAN 3
19241 AL KLINGELHUTZ APPRAISAL FOR RILEY LAKE PARK 35D.00
19242 KRAEMER'S HOME CENTER -OUTLETS/BROOM/BATTERIES/DUST MASKS/DRILL 195.78 'E
BITS/ROUTER BITS
19243 KRAUS ANDERSON - ST PAUL REFUND WATER METER DEPOSIT 82.24 ,
19244 KROY INC KROY TAPE-POLICE DEPT 127.74
19245 ROBFRT LAMBERT MARCH EXPENSES 232.25
19246 LAYNE MINNESOTA COMPANY GREASE-WATER DEPT 46.65 r
19247 LELF BROS INC RUG SERVICE-P/S & P/W BLDG/CITY HALL 213.65 '±
19248 LIBERTY ENVELOPE COPRORATION ENVELOPES-WATER DEPT 389.36 '
19249 LOWELL'S ZITCO INC PAINT-PARK MAINTENANCE 22.24 l
19250 LYMAN LUMBER CO LUMBER-LIQUOR STORE 395.64,
19251 TOM MANARIN HOCKEY OFFICIAL/FEES PD 214.00
19252 MCI CELLCOM SERVICE-POLICE DEPT 62.8C.
19253 MEDICAL OXYGEN & EQUIP CO DXYGEN-STREET DEPT 39.2f
19254 MEDICINE LAKE LINES BUS SERVICE-SKI TRIP 400.OL. j
19255 MERLIN'S HARDWARE HANK HARDWARE CLOTH-ROUND LAKE DOCK 1527.3E j
19256 METRO FONE COMM INC MARCH SERVICE 58.81
19257 METRO PRINTING INC ENVELOPES-ANIMAL CONTROL 58.00
158 MIDLAND PRODUCTS CO CONCESSION STAND SUPPLIES-COMMUNITY CENT 336.9C-
.,159 MIDWEST ASPHALT CORP WINTER MIX-STREET DEPT 252.30
19260 MINNESOTA COMMUNICATIONS CORP MARCH PAGER SERVICE 25.75 j
19261 M-V GAS CO SERVICE 384.06
19262 MODERN TIRE CO WHEEL ALIGNMENT-EQUIPMENT MAINTENANCE 27.9E
19263 MOTOROLA INC SERVICE-FIRE DEPT 297.00
19264 WM MUELLER & SONS INC SAND 683.00
19265 14ATIONAL RECREATION & PARK ASSOCI 1985 DUES 65.0C-
19266 NOREN PRODUCTS INC SQUAD CAR REPAIRS-POLICE DEPT 50.7;
192.67 NORWEST BANK MPLS NA BOND PAYMENT 46665.00
19268 CURT OBERLANDER SCHOOL-POLICE DEPT 400.00
19269 VALARIE K OLSON VOLLEYBALL OFFICIAL/FEES PD 50.00
19270 CHARLTON-GARRETT BAGS-LIQUOR STORES 417.7C'
19271 RICHARD PAUL REFUND WATER METER DEPOSIT 100.OG
19272 PEPSI/7-UP BOTTLING CO POP FOR CONCESSION STAND-COMMUNITY CENTER 15I.00
19273 P1TNf:Y BOWES 2ND QUARTER 85 METER RENTAL-CITY HALL I57.3'
19274 DOUGLAS PLEHAL EXPENSES-FIRE DEPT 75.8-
19275 POISON CONTROL CENTER STICKERS-COMMUINITY SERVICES 3.7: F
19276 POMMER MFG CO INC TROPHIES-ADULT ATHLETICS 766.0� j
19277 PRAIRIE ELECTRIC COMPANY INC -ELECTRICAL SERVICE-SENIOR CENTER & COMM 244.6(
CENTER i
19278 PRAIRIE LAWN & GARDEN SNOW BLOWER ENGINE-PARK MAINTENANCE 363.07
19279 THE PSYCI401.OGICAL CORPORATION SERVICE-POLICE DEPT 50.CC�
19280 R & R SPECIALTIES INC ZAMBONI MACHINE PARTS-COMMUNITY CENTER 16.6 I
y
19281 RADIO SHACK 3 STATION INTERCOM-LIQUOR STORE 139.9 I
282 RAPID SERVICE INC FREIGHT CHARGES-WATER DEPT 24.01,
283 RED CARPET SALES & SERVICE CARPETS-LIQUOR STORE N1 175.-ni
19284 RLED'S SALES & SERVICE LAWN MOWER PARTS-PARK MAINTENANCE 160.31 1
i
5834442
I
l of,
19285 RETAIL DATA SYSTEMS OF MINNESOTA CASH REGISTER PAPER - LIQUOR STORE 48.6'
19286 RIEKE-CARROLL-I•iULLER ASSOC INC -SERVICE-APPLEGROVE FEASIBILITY/NORSEMAN 5392.:,
IND PK/ROWLAND RD/PRESERVE BLVD 1
�v&7 ROADWAY EXPRESS INC FREIGHT CHARGES-FIRE DEPT 61.0� i
19288 RYANS RUBBER STAMPS STAMPS-CITY HALL 104.C:
19289 RYAN CONSTRUCTION CO OF MINNESOTA REFUND WATER METER DEPOSIT 100.0i
19290 ST PAUL BUDK & STATIDNERY CO OFFICE SUPPLIES-.COMMUNITY CENTER 56.8t
19291 CITY OF ST PAUL POLICE COMMUNICATION MODULES-P/S 800.0'�
19292 ST PAUL POLICE PISTDL CLUB INC RELOADS-PUBLIC SAFETY 100.0;
19293 ELIZABETH SAUGEN VOLLEYBALL OFFICIAL/FEES PD 100.0c
19294 ERIC SAUGEN VOLLEYBALL OFFICIAL/FEES PD 250.0:
19295 SAVOIE SUPPLY CO INC CLEANING SUPPLIES-P/S & P/W 510.4'
19296 SEARS ROEBUCK & CO -DISC SANDER & DISCS-WATER PLANT/BLINDS- 404.4i' I
CITY HALL/DRILL & VISE-POLICE DEPT
19297 SEXTON DATA PRODUCTS PRINTER STAND-COMMUNITY CENTER 22.0C
1929E SHAKOPEE FORD INC -REPAIRS TO P/S VEHICLE-$1700 COLLECTABLE 3226.1
FROM OTHERS
19299 SIMPLEX TIME RECORDER CO MOTOR-COMMUNITY CENTER 52.5'
193DO W GORDON SMITH CO FITTINGS/GREASE/LENS/SILICONE 151.11
19301 SNAP ON TDOLS CORP WRENCH/IMPACT WRENCH 404.4C
19302 SNAP PRINT-WEST PRINTING-P/S & CDMMUNITY SERVICES 72.21
19303 SOUTHWEST SUBURBAN PUBLISH INC ADS-LIQUDR STORES-P/S & COMMUNITY CENTER 512.2C
19304 MINNESOTA PDLLUTION CONTROL AGENC CERTIFICATIDN FEE-SEWER DEPT 15.0('
193D5 DON STREICHER GUNS BREATHALYZER MOUTHPIECES-P/S 44.0C
19306 SUBURBAN CHEVROLET SWITCH/DEFLECTOR SHIELD-P/S 56.2C
19307 VOID 0.01"
"'3D8 SUTPHEN CDRPORATION U-BOLT MOUNT-FIRE DEPT 79.6
jD9 TENNESSEE CHEMICAL CO CHEMICALS-WATER PLANT 4353.71,
19310 THDMAS-PATCD COMPANIES PAINT-WATER PLANT 347.3:
19311 KEVIN TIMM BASKETBALL OFFICIAL-FEES PD 37.5c
19312 TOTAL TOOL SUPPLY INC AIR CDMPRESSOR-P/W 773.6:
19313 TWIN CITY OXYGEN CO OXYGEN-P/S 11.7r j
19314 UNIFORMS UNLIMITED UNIFORMS 5344.2E
19315 UNLIMITED SUPPLIES INC NUTS & BOLTS-MAINTENANCE DEPT 44.4
19316 VALLEY INDUSTRIAL PROPANE INC GAS CYLINDER-COMMUNITY CENTER 201.2:
19317 VAUGHNS INC FLAGS-CITY HALL 431.41
19318 VIDEDTRONIX INC CLOSED CIRCUIT TV SYSTEM-P/S BLDG 5700.01;
19319 VDSS ELECTRIC CO STREET LIGHT BULBS 203.E"=
19320 KEITH WALL COMPUTER SEMINAR EXPENSE 43.OL
19321 DANIEL J 14AMPLER BASKETBALL OFFICIAL/FEES PD 15D.0
19322 DATER PRODUCTS CO -METERS/CONNECTDRS/GENERATORS/GASKETS- 2162.SG
WATER PLANT
19323 WATERITE INC PUMP SEAL & RING-COMMUNITY CENTER 22.1,
I9324 LEON WEILAND SCHDOL EXPENSES 86.9:;
19325 SANDRA F WERTS MILEAGE 138.C'(
19326 WCSTERN FIRE CHIEFS ASSOCIATION I985 NEWSLETTER 15.0;
19327 XERDX CORPORATIDN SERVICE 221.2.
I9328 ZACK'S INC SHDVELS 195.I%
19329 ZEE MEDICAL SERVICE 1ST AID SUPPLIES-P/W DEPT 38.5,
19330 RICHARD KNUTSDN INC EST #5/52-035/ANDERSON LAKES PKWY 31545.E
I933I FAIRWAY WOODS CDNDOS REFUND-11ATER BILL OVERPAYMENT 387.':
'332 CAROL. FOY DRA14ING SEMINAR EXPENSE 195.00
_1333 MARK 11EMANN HOCKEY OFFICIAL/FEES PD 3B.0
19334 METROPOLITAN WASTE CONTROL COMM APRIL SEWER SERVICE 93146.E
15839988
�U7
)0435 JIM STRETCH REFUND-WATER DILL OVERPAYMENT 221.4
248
$484534.34:
1
i
I
FINDINGS AND CONCLUSIONS
RELATING TO THE REQUEST OF
WELCOME HOME TO OPERATE
A LICENSED RESIDENTIAL FACILITY
This matter was commenced upon application by Welcome
Home for Variance No. 84-53 to permit property at 7170 Flying
Cloud Drive, Eden Prairie, Minnesota, to be used as a licensed
residential facility for up to eighteen mentally ill persons.
The matter was heard by the Board of Appeals & Adjustments
1
on October 'll, 1984, and on November 8, 1984, which denied
the request. Applicant appealed the denial to the Council. ,
Subsequently, Applicant modified its proposal by reducing
the number of persons who would inhabit the facility, from
eighteen to sixteen. Accordingly, Applicant no longer seeks
a variance as requested in its application, but seeks a
determination that the use of the property is that of a
"multi-family residential use . . . for purposes of zoning"
as those terms are used in MS §462.357, Subd. 8, and
MS §245.812, Subd. 4. The matter was first considered by
the Council at its meeting on January 22, 1985.
FINDINGS AND CONCLUSIONS
1. The property at 7170 Flying Cloud Drive is legally
described in Exhibit "A," attached hereto and made a part
hereof.. The property consists of .93 acres and contains
improvements consisting of a house and a detached garage.
2. The property is situated in the Rural district.
City Code Scction 11..10 authorizes the use of land situated
in the Rural district (in addition to other uses not perti-
nent) for single-family detached dwellings and accessory
structures without platting on parcels of not less than ten
acres (five or more acres as of July 6, 1982). The five-
acre minimum size requirement for single-family dwellings in
the Rural district was first adopted by the City by the
adoption of Ordinance 135 on October 14, 1969.
3. Chapter 11 of the City Code, as did its predecessor,
Ordinance No. 135, contains a provision authorizing the con-
tinuation of non-conforming uses. Code Section 11.02 defines
a non-conforming use as a "Use of a building or of land that
does not conform to the regulations as to use for the district
in which it is situated." Section 11.75 provides that a use j
lawfully occupying a structure or site on the effective date
of the section, that does not conform with the use regulations
or the site area per dwelling unit regulations for the district
in which the use is located, shall be deemed a non-conforming
use and may be continued.
4. The property is presently being used for residential
dwelling purposes. Applicant claims that the property is
currently and has, since and prior to the adoption of Ordi-
nance 135 on October 14, 1969, and continuously thereafter,
been used as a multiple family dwelling; and further claims
that pursuant to MS 5462.357, Subd. 8, and MS 9245.812,
ubd. 4, a licensed residential facility serving from seven
to sixteen persons must be considered a permitted multi-
family residential use of property for purposes of zoning,
-2-
fi ')ID
that the proposed use of the property will be as a licensed
residential facility and, therefore, is authorized by Subd.
4 and 8.'
5. City Code Section 11.02 defines a multiple dwelling
as "[a] building designed for or occupied by two or more
families," and family as "[ojne or more persons related by
blood, marriage or adoption . . . or a group of not more
than five persons . . . some or all.of whom are not related
by blood, marriage or adoption, living together and main- 1
taining a common household ."
6. The evidence bearing on the question of whether the
property is currently and has, since and prior to October
1969, been used as a multiple family dwelling includes the
following.
a. An Affidavit of Illah M. Sutton, dated January 14,
1985, indicating that she and her husband lived
in a then-duplex unit of the property from 1948
through 1979, purchased it in 1958 and sold it,
in 1979, to the present owner, Donald Hanson.
She states that from 1948 through 1979, the
property was used and operated as a multiple
family dwelling with two dwelling units.
b. An Affidavit of Donald Manson, dated January 10,
1985, stating that, he is now, and since Decem-
ber 1, 1979, has been, the owner of the property,
( and that the structure has been a multiple
dwelling throughout the time he has owned it.
-3-
c. An inspection report of Steve Durham, a member
of the City Staff, dated December 18, 1984, and
a memorandum of Mr. Durham, dated January 8,
1985, to which are attached diagrams showing
configurations of the premises as it existed
prior to 1969 and currently. The inspection d
report and diagrams indicate that the house was
constructed 90-100 years ago. The present con-
figuration shows there are three kitchens and
three bathrooms in the structure, constituting
three living units. The structure has two
entrances and two stairwells. The diagram of
the premises as it existed prior to 1969 reveals
the same two separate entrances, two bathrooms,
and two kitchens in a configuration constituting
two separate living units. The principal dif-
ferences in the two configurations are that in
the current configuration, the northerly portion
of the first floor of the premises, which was
shown as a storeroom prior to 1969, now is shown
to contain a living room, bathroom, and kitchen,
as well as laundry facilities.
7. Based upon the foregoing evidence, it is found that
the property at 7170 Flying Cloud Drive, Eden Prairie,
Minnesota, is presently and, since and prior to 1969, has
-4-
been used as a multiple dwelling and constitutes a non-
conforming use as a duplex multiple dwelling, and as such,
the use of the property is as a "multi-family residential
use . . . for purposes of zoning" as those terms are used in
MS §462.357, Subd. 8, and MS §245.812, Subd. 4, and that the
provisions thereof apply, subject to the following:
a. Because it is not known at this time the extent
of any remodeling which may be required for the
purposes of the use of the premises as proposed
by Applicant, no conclusion is reached as to
whether such remodeling would constitute an
unlawful enlargement of -the present non-conforming
use..
b. The proposed use of the premises as a licensed
residential facility is subject to the Applicant's
receipt of an appropriate license from state
authorities as contemplated by MS §462.357,
Subd. 8, and MS §245.812, Subd. 4.
-5-
"
7170
HIBIT
That part of the Northwest Y of the 15Orthwcst of
Section 12, Township 11G, Range 22, Hennepin County,
).inncsota described as •follows:.
• 'Commencing at a point: in the Vest:erly line of State
Comment' No. tGa distant 153.D feet Northeasterly
from the South line of the Northwest �u��roontointhe
Northwest Quarter; thence i4csterly to a p
,center line of old Eden Prairie Road distant 2D4_0
feet 1:orthwesterly from the South fine of the taorth-
w ' t Quarter. of the Northwest Quarter; thence North-
westerly along said center
inlii the Jesterlyeline of
ce
Southc�sterly to a point
hioh„ay distant 191.0 feet Northeasterly from
' beginning; thence Southwesterly to:beginning.
said right ight of way being as follows:
?he location ,
The Last ten (10)
feet of. the above described property
together with a .ttheorary ras. t cons (50)tructio feet'Ofethent o above
er�
undex and acro•
described property. _ :
TO: Mayor & Council
FROM: John Frane
DATE: March 14, 1985
RE: The City's 1985 MIDB allocation of $9,300,000 and the request for MIDB'S
by HBP Partnership (Roberts Lttho) - $1,700,000. Resolution 85-77
We sent letters to developers asking if they had interest in MIDB'S during
1985. Interest on 6 projects for $15,620,000 has been received.
HBP - Roberts Litho 1,700,000
Hagen Systems - Office' 2,500,000
Helle - Multi-tenant Office Warehouse 2,600,000
Ryan Construction - City West Phase III 6,000.000
Ryan Development - Office Headquarters 1,200,000
Ryan Development - Office 940,000
Ryan Development - Office 680,000
i
Of the above only the HBP project is ready to go. Keeping in mind that
it is in the City's best interest to use its MIOB allocation as soon as
possible. I suggest that approval be given to HBP to use 1,700,000 of
the City's $9,300,000 cap. Resolution 85-77 is included for your con-
sideration.
i
RESOLUTION NO. S�rJ7
f
RESOLUTION GIVING PRELIMINARY APPROVAL TO A
PROJECT UNDER THE MINNESOTA MUNICIPAL INDUS-
TRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL
TO THE MINNESOTA ENERGY AND ECONOMIC DEVELOP-
MENT AUTHORITY FOR APPROVAL AND AUTHORIZING
PREPARATION OF NECESSARY DOCUMENTS.
HE IT RESOLVED by the City Council (the "Council") of
the City of Eden Prairie, Minnesota (the "City"), as fol-
lows:
1. It is hereby found, determined and declared as
follows:
1.1. The welfare of the State of Minnesota (the
"State") requires active promotion, attraction, encour-
agement and development of economically sound industry
and commerce through governmental acts to prevent, so
far as possible, emergence of blighted lands and areas
of chronic unemployment, and it is the policy of the i
State to facilitate and encourage action by local gov-
ernment units to prevent the economic deterioration of
such areas to the point where the process can be re-
versed only by total redevelopment through the use of
local, state and federal funds derived from taxation,
with the attendant necessity of relocating displaced
persons and of duplicating public services in other
areas.
1.2. Technological change has caused a shift to a
significant degree in the area of opportunity for edu-
cated youth to processing, transporting, marketing,
service and other industries, and unless existing and
related industries are retained and new industries are
developed to use the available resources of the City, a
large part of the existing investment of the community
and of the State as a whole in educational and public
service facilities will be lost, and the movement of
talented, educated personnel of mature age to areas
where their services may be effectively used and com-
pensated and the lessening attraction of persons and
businesses from other areas for purposes of industry,
commerce and tourism will deprive the City and the State
of the economic and human resources needed as a base for
providing governmental services and facilities for the
remaining population.
1.3. The increase in the amount and cost of govern-
mental services requires the need for more intensive
development and use of land to provide an adequate tax
base to finance these costs.
s:
1.4. HBP Limited Partnership, a Minnesota limited
partnership to be formed (the "Company"), has advised
the Council that it desires to undertake a project which
consists of a 42,000 square foot office and warehouse
building (the "Project"), to be located on the west side
of Technology Drive two blocks west of Mitchell Road in
the City.
1.5. The .existence of the Project in the City will
contribute to more intensive development and use of
land, thereby increasing the tax base and employment
opportunities in the City.
1.6. The City has been advised by the Company that j
conventional, commercial financing to pay the capital
cost of the Project is available at such costs of bor-
rowing that the Project would not be economically feasi-
ble and would not be undertaken but for the availability
of industrial development bond financing therefor.
1.7. This Council has been advised by Dougherty,
Dawkins, Strand & Yost Incorporated of the financial
feasability of the Project, as so undertaken with the p
assistance of the City, or of its intention to purchase
commercial or industrial revenue obligations of the City tt
to finance the Project.
1.8. The City is authorized by Minnesota Statutes,
Chapter 474, to issue its revenue bonds, notes or other
obligations to finance the cost, in whole or in part, of
the acquisition, construction, reconstruction, improve-
ment, betterment or extension of capital projects con-
sisting of properties used and useful in connection with i
a revenue producing enterprise, including the Project,
and the issuance of such obligations by the City would
be a substantial inducement to the Company to construct d
its facility in the City.
1.9. The City has been advised by O'Connor &
Hannan, Minneapolis, Minnesota, who shall act as bond
counsel to the City with respect to the Project, that
the Project constitutes a "project" within the meaning
of Minnesota Statutes, Chapter 474.
2. On the basis of information given the City to date, '
it appears that it would be in the best interest of the City #
to issue its obligations (the "Bonds") under the provisions
of Minnesota Statutes, Chapter 474, to finance the Project j
in an amount presently estimated not to exceed $1,700,000.
2 -
7��
-71
ii
3. The Project and the related financing thereof
by
the City are hereby given preliminary approval, and the
issuance of the Bonds for such purpose and in such estimated
amount is hereby approved, subject to approval of the Proj-
ect by the Minnesota Energy and Economic Development Author- g
ity (the "Authority") and to the mutual agreement of the
Council, the Company and the initial purchasers of the Bonds
as to the details and provision for payment of the Bonds. 41
In all events, it is understood, however, that the Bonds
shall not constitute a debt of the City or a charge, lien or
encumbrance, legal or equitable, upon any property of the
City except its interest in the Project, and each of the
Bonds when, as and if issued shall recite in substance that
it is payable solely from the revenues
received
from the
Project and property pledged to the payment
4. In accordance with Minnesota Statutes, Section
474.01, Subdivision 7a, the Mayor is hereby authorized and
directed to submit the proposal for the Project to the Au-
thority for approval. The Mayor and other officers, em-
ployees and agents of the City are hereby authorized to
provide the Authority with any preliminary information
needed for this purpose and are further authorized to initi-
ate and assist in the preparation of such documents as may
be appropriate to the Project and the financing thereof.
5. The Company has agreed to pay directly or through
the City any and all costs incurred by the City in connec- I.
tion with the Project whether or not the Project is approved i.
by the Authority; whether or not the Project is carried to
completion; and whether or not the Bonds or operative in-
struments are executed.
6. The City is an entitlement issuer within the
meaning of Minnesota Laws 1984, Chapter 582 (the "Act") with
a 1985 entitlement allocation of $9,239,314, all of which
remains available for allocation as of the date hereof. The
City, subject to the provisions of paragraph 7 hereof,
hereby gives the Project an allocation of $1,700,000 from
its entitlement allocation; provided, however, that if the
closing on the issuance and sale of the Bonds has not
occurred prior to August 1, 1985, such allocation shall be
withdrawn unless such deadline is extended by resolution of
the City.
7. The adoption of this resolution does not constitute
a guarantee or a firm commitment that the City will issue
the Bonds as requested by the Company. The City retains the
right in its sole discretion to withdraw from participation
and accordingly not to issue the Bonds, or issue the Bonds
in an amount less than the amount referred to in Paragraph 2
hereof, should the City at any time prior to the issuance
3 -
i
thereof determine that it is in the best interest of the
City not to issue the Bonds, or issue the Bonds in an amount
less than the amount referred to in Paragraph 2 hereof, or
should the parties to the transaction be unable to reach
agreements as to the terms and conditions of any of the
document's required for the transaction.
8. All commitments of the City expressed herein are j
subject to the condition that the City and the Company shall
have agreed to mutually acceptable terms and conditions of
the Loan Agreement, the Bonds, and of the other instruments
and proceedings relating to the Bonds and that the closing
of the issuance and sale of the Bonds shall have occurred by
not later than December 31, 1985. If the events set forth
herein do not take place within the time set forth above, or
any extension thereof, and the Bonds are not sold within
such time, this resolution shall expire and be of no further
effect.
A4eGN
Adopted by the Eden Prairie City Council on FebTverr 19,
1985.
Gary D. Peterson, Mayor
ATTESTED:
SEAL
John D. Franc, City Clerk
Ii
4
4 -
t9
Memorandum
To: City Manager, Carl J. Jullie
From: City Assessor, Steve Sinell
Subject: Board of Review Advisors
Date: Feb. 4. 1985
The purpose of the board of review is to review the assessment and to see
that all taxable property has been placed on the tax roll and properly
valued by the assessor. On application of any person feeling aggrieved, the
board shall review the valuation, and change or affirm the value as appears
correct.
In previous years the City of Eden Prairie Board of Review has largely depended
on the recommendations of the city assessor and their own knowledge of real estate
values in determining the correct value of the appealed valuations and class-
ifications.
The composition of the Board'of Review as defined in Minnesota statutes is the
city council, unless the city council elects to appoint a special board of
review and delegate all of the powers and duties of the board of review.
The City of Minnetonka has for a number of years been retaining the powers and
duties of the board of review, but has been appointing a panel of advisors to
review the properties in question and make their recommendations to the board
of review. The positive aspect of this arrangement is that most property owners
who appeal their valuations to the board have already discussed the valuation
with the city assessor and assessing staff and do not agree with the value.
Having a panel of advisors review the properties and making recommendations to the
board has the aspect of a knowledgeable third person considering the value and
lending an additional professional opinion to assist the board in its decision.
The advisors used in Minnetonka are appointed by the city council and must be
knowledgeable in real estate values and be a resident of the city. They are
considered volunteer advisors and are paid a small amount per meeting and per
day to help defray their expenses.
The advisors attend the initial board of review and then with assistance from the
city assessor review all properties in question and report back to the board for
a decision.
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