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Home My WebLink AboutCity Council - 09/03/1985EDEN PRAIRIE CITY COUNCIL AGENDA TUESDAY, SEPTEMBER 3, 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. CONSENT CALENDAR A. Clerk's License List B. Revised Housing Bond Approval for Baypoint Manor II (Resolution No. 199) C. Cooperative construction agreement with Hennepin County for CSAH 62 Agreement No. PW 32-49-85 TrTJolution No. 85-207 D. Special Assessment Agreement with Harold Schaitberger regarding sanitary sewer extension in the future E. Final plat approval for Edenwoods Business Center (formerly The Oaks) (Resolution No. 85-2g) F. Final plat approval for Red Rock Heights 2nd Addition (Resolution No. 85-206) G. Final plat approval for Technolonv Park 3rd Addition (Resolution No. 85-207) Page 1988 Page 1989 Page 1997 Page 2010 Page 2014 Page 2017 Page 2020 H. Resolution No. 85-202 supporting United 'Lim Day I. FDEN PRAIRIF PUBLIC LIBRARY by Hennepin County Library. 2nd Reading of-6;rtiTilanJe —No. 3-85, Zoning District Amendment within a Public Zoning District on 2.51 acres; Approval of Developer's Agreement for Hennepin County Library; and Adoption of Resolution No. 85-191, Authorizing Summary of Ordinance No. 3-85 and Ordering Publication of Said Sumnary. 10,000 square foot building. Location: Southwest corner of Prairie Center Drive and Preserve Boulevard. Page 2023 Page 2024 City Council Agenda - 2 - Tues.,Sept. 3, 1985 J. HAGEN SYSTEMS by Hagen Systems. 2nd Reading of Ordinance No. Page 2031 23-85, Planned Unit Development District Review and Zoning District Change from Rural to 1-2 Park, on 3.02 acres; Approval of Developer's Agreement for Hagen Systems; Adoption of Resolution No. 85-190, Authorizing Summary of Ordinance No. 23-85, and Ordering Publication of Said Summary. Location: East of City West Parkway, West of Highway #169. K. HAMPTON INN by Eden Prairie Hotel Investors. 2nd Reading of Page 2040 Ordinance No. 24-85, Zoning District Change from C-Regional to C-Regional Service for 2.69 acres, with variances; Approval of Developer's Agreement for Hampton Inn; and Adoption of Resolution No. 85-202, Authorizing Summary of Ordinance No. 24-85 and Ordering Publication of Said Summary. L. TECHNOLOGY PARK - Environmental Assessment Worksheet, Finding of Page 2047 No Significant Impact (Resolution No. 85-149) M. PARKWAY APARTMENTS - Environmental Assessment Worksheet, Finding Page 2048 OT-FiCiTignificant Impact (Resolution No. 85-152) III. PUBLIC HEARINGS A. FEASIBILITY REPORT FOR TECHNOLOGY DRIVE IMPROVEMENTS FROM Page 1856 & WALLACE ROAD EAST TO CPT I.C. 52-010A (Resolution No. Page 2049 85-160) Continued from August 20, 1985 Council meeting B. Request from Midwest Asphalt Corporation to appeal decision Page 1923 rendered July -Tr-bDhe Board of Appeals & Adjustments on Variance Request No. 85-21--TA Public Meeting) Continued from August 20, 1985 Council meeting C. EDEN PLACE APARTMENTS by Tipton Corporation. Request for Page 2051 Zoning District Change from Rural to RM-2.5 on 32.8 acres, Preliminary Plat of 50.64 acres into two lots, two outlots, and road right-of-way, and Environmental Assessment Worksheet for construction of 496 apartment units. Location: West of Highway #169, North of Research Road, and East of Purgatory Creek. (Ordinance No. 30-85 - Rezoning from Rural to RM-2.5; Resolution No. 85-200 - Preliminary Plat) D. THE PARK AT CITY WEST by Finger Enterprises. Request for Page 2085 Planned Unit Development Amendment Review, Zoning District Change from Rural to RM-2.5, and Preliminary Plat of approximately 13.5 acres for an apartment complex. Location: City West Parkway, east of Shady Oak Road. (Ordinance No. 31-85 - Rezoning from Rural to RM-2.5; Resolution No. 85-201 - Preliminary Plat) - IV. PAYMENT OF CLAIMS NOS. 22316 - 22551 Page 2100 V. ORDINANCES & RESOLUTIONS City Council Agenda - 3 - Tues.,Sept. 3, 1985 VI. PETITIONS REQUESTS & COMMUNICATIONS A. Request from Vantage Corporation to set hearing date of September 17 1985 to appeal decision rendered by the Board of Appeals & Adjustments on Variance No. 85-28 VII. REPORTS OF ADVISORY COMMISSIONS VIII. APPOINTMENTS IX. REPORTS Of OFFICERS BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager C. Report of City Attorney D. Report of Director of Community Services 1. Request for approval to authorize Twin City Testing to proceed with additional testing of Community Center X. NEW BUSINESS XI. ADJOURNMENT Page 2106 Page 2107 CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST September 3, 1985 CONTRACTOR (MULTI-FAMILY & COMM.) Axel Construction Centurion Company Shaw Lindquist Plowman Construction Ed Steele Construction, Inc. CONTRACTOR (1 & 2 FAMILY) Brian Builders Concepts in Building, Inc. Earth-N-Wood, Inc. S. A. Fitch Construction Helm Construction L. R. Tabor & Sons, Inc. Teri Construction, Inc. True Value Building Center R. A. Ungerman Construction Al Westberg Construction PLUMBING Bruce Plumbing Company Donahue Plumbing Fleetwood Plumbing Valley Plumbing Company Walsh Plumbing HEATING i VENTILATING Alair Heating & Air Conditioning All Season Comfort, Inc. Care Air Conditioning & Heating, Inc. Nielsen Sheet Metal Silvernail Sheetmetal, Inc. Peterson Pinney, Inc. GAS FITTER State Mechanical, Inc. Care Air Conditioning & Heating, Inc. ON SALE LIQUOR The Flagship Athletic Club, Inc. SUNDAY LIQUOR The Flagship Athletic Club, Inc. BEER ON SALE Soup's On, Inc. (7130 Shady Oak Road) These licenses have been approved by the department heads responsible for the licensed activity. Pat sOlie, Licensing TO: MAYOR & COUNCIL FROM: JOHN FRAME RE: Revisions to Baypoint Manor II Housing Bond Approval Resolution 85-199 DATE: August 23, 1985 This project was approved as a private placement; the developer is now asking for a public offering and will provide security for the bonds suitable to the city. This original approval was for 124 units. The Planning Department was authorized to allow 136 units if various conditions were met. ThEse conditions ha been worked out. CERTIFICATE OF MINUTES RELATING TO HOUSING REVENUE BONDS (BAY POINT MANOR PHASE II LIMITED PARTNERSHIP PRO J E C T ) Issuer: City of Eden Prairie, Minnesota Governing body: City Council Kind, date, time and place of meeting: a regul a r m e e t i n g held on , 1985, at 7:30 o'clock P.M., at the Administration Building. Members present: Members absent: Documents attached: Minutes of said meeting (pages): RESOLUTION NO._?6,-3-10 RESOLUTION RELATING TO THE ISSUANCE OF REVENUE BONDS PURSUANT TO CHAPTER 462C, MINNESOTA STATUTES; RATIFYING AND CONFIRMING PRELIMINARY APPROVAL FOR THE PROJECT AND ADOPTION OF A MULTIFAMILY HOUSING PROGRAM I, the undersigned, being the duly qualified and acting recording officer of the public corporatio n i s s u i n g t h e obligations referred to in the title of this cert i f i c a t e , certify that the documents attached hereto, as de s c r i b e d a b o v e , have been carefully compared with the original re c o r d s o f s a i d corporation in my legal custody, from which they h a v e b e e n transcribed; that said documents are a correct a n d c o m p l e t e transcript of the minutes of a meeting of the go v e r n i n g b o d y o f said corporation, and correct and complete copie s o f a l l resolutions and other actions taken and of all d o c u m e n t s approved by the governing body at said meeting, s o f a r a s t h e y relate to said obligations; and that said meetin g w a s d u l y h e l d by the governing body at the time and place and w a s a t t e n d e d throughout by the members indicated above, pursu a n t t o c a l l a n d notice of such meeting given as required by law. WITNESS my hand officially as such recording offic e r this day of , 1985. Signature (SEAL) John D. Frane City Finance Director/Clerk Name and Title After some discussion, Member introduced the following resolution (after it had been read in full] (after the reading thereof had been dispensed with by unanimous consent] and moved its adoption: RESOLUTION NO. RESOLUTION RELATING TO THE ISSUANCE OF REVENUE BONDS PURSUANT TO CHAPTER 462C, MINNESOTA STATUTES; RATIFYING AND CONFIRMING PRELIMINARY APPROVAL FOR THE PROJECT AND ADOPTION OF A MULTIFAMILY HOUSING PROGRAM BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the City), as follows: Section 1. Recitals. 1.01. By the provisions of Minnesota Statutes, Chapter 462C, as amended (the Act), the City is authorized to plan, administer, issue and sell revenue bonds or obligations to make or purchase loans to finance one or more multifamily housing developments within its boundaries which revenue bonds or obligations shall be payable solely from the revenues of the development. The Act provides that the City may plan, administer and make or purchase a loan or loans to finance one or more developments of the kinds described in Subdivisions 2, 3, 4 and 7 of Section 462C.05 of the Act upon adoption of a program setting forth the information required by Subdivision 6 of Section 462C.05 of the Act after a public hearing thereon and upon approval by the Minnesota Housing Finance Agency as provided by Section 462C.01 of the Act on the basis of the considerations stated in Section 462C.04 of the Act. 1.02. By Resolution No. , adopted , 1985, after a public hearing conducted on that date, this Council gave preliminary approval to a multifamily housing development (the Project) and the issuance of revenue bonds of the City to finance a portion of the costs thereof under the Act and adopted a multifamily housing program relating thereto. The Project is to be undertaken by Bay Point Manor Phase II Limited Partnership, a Minnesota limited partnership to be formed in which Jim W. Miller Construction, Incorporated will be a general partner (the Partnership). The Project as approved consists of the acquisition of certain land located on Anderson Lakes Parkway west of the existing Bay Point Manor apartment complex located at 11185 Anderson Lakes Parkway in the City and IL the construction and equipping thereon of a two-building apartment complex consisting of 124 rental apartment units together with underground parking and related facilities. Total development Land financing costs were estimated by the Partnership to be approximately $7,660,000. 1.03. The Partnership, in refining the design and plan for the Project, has determined to increase the number of rental units in the apartment complex from 124 to approximately 136, to be divided equally between both buildings in the complex. It is proposed that in each building of the Project there will be approximately 12 one-bedroom units, 44 two-bedroom units and 12 three-bedroom units. The increase in the number of apartment rental units is not estimated to increase the total development and financing cost or the area of the buildings. 1.04. Representatives of the Partnership have requested that the City issue its revenue bonds in one or more series (the Bonds) pursuant to the Act to pay all or a portion of the costs of the Project. The application of the Partnership to the City with respect to the Bonds contemplated a private placement of the Bonds. Representatives of the Partnership have requested, to retain flexibility and to provide for the best means of financing the costs of the Project, that the City Council approve a public offering of the Bonds if the Bonds are to be secured by a form of credit enhancement, including such security as a letter of credit issued by a commercial bank acceptable to the City, bond insurance, Federal Housing Administration mortgage insurance or a Federal National Mortgage Association pass-through mortgage certificate. Section 2. Approvals. 2.01. The preliminary approval of the Project given by Resolution No: is hereby ratified and confirmed for the Project as described in Section 1.03. The program for multifamily housing development for the Project adopted by the City pursuant to Resolution No. and appearing as Exhibit B (the Program) thereto is hereby amended to the form of Exhibit A hereto to reflect the increase in the approximate number of rental apartment units in the Project and the change in composition of one-, two- and three-bedroom units. The Program, as so amended, is hereby approved and the approval previously given to the Program is ratified and confirmed. 2.02. A public offering of the Bonds is hereby approved if the Partnership provides a form of credit enhancement acceptable to the City to secure the Bonds. All conditions procedent to the issuance of the Bonds and the limitations on the obligations and commitments of the City set forth in Resolution No. are incorporated herein, including . agreement by the City and the Partnership upon the'details of the Bonds and the provisions for their payment. 2.03. The Mayor, City Manager, City Finance Director/ Clerk and other officers and employees of the City are hereby authorized to submit the amended Program, accompanied by the City's Housing Plan, to the Metropolitan Council for review and comment and to the Minnesota Housing Finance Agency for review and approval pursuant to Subdivisions 1 and 2 of Section 462C.04 of the Act. Passed and adopted by the City Council of the City of Eden Prairie this day of , 1985. Mayor Attest: City Finance Director/Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and attested by the City Finance Director/Clerk. EXHIBIT A PROGRAM FOR MULTIFAMILY HOUSING DEVELOPMENT UNDER CHAPTER 462C - BAY POINT MANOR, PHASE II LIMITED PARTNERSHIP PROJECT Bay Point Manor Phase II Limited Partnership, a Minnesota limited partnership to be formed in which Jim W. Miller Construction Incorporated will be a general partner (the Borrower) intends to acquire and purchase certain land located on Anderson Lakes Parkway west of the existing Bay Point Manor apartment complex located at 11185 Anderson Lakes Parkway in the City of Eden Prairie, Minnesota (the City), for the purpose of constructing thereon a two building apartment complex consisting of approximately 136 rental apartment units (the .Project). Unit size composition in each building of the Project will be approximately as follows: 12 one-bedroom units, 44 two-bedroom units and 12 three-bedroom units. Consistent with the housing needs of the City detcribed in the Eden Prairie Comprehensive Guide Plan (the Comprehensive Plan), the Project will enable the City to meet its two housing goals stated in the Comprehensive Plan: encourage a variety of housing types and prices through innovative architectural and land use and encourage low income housing throughout the City. The Plan Elements chapter of the housing section of the Comprehensive Plan calls for continued cooperation between the public sector and private industry to insure the production of modest cost housing for middle income households. The Project will be designed to be affordable by persons and families with adjusted gross income not in excess of the limits set forth in Section 462C.03, Subdivision 2, Minnesota Statutes and by other persons and families to the extent necessary to further a policy of economic integration. At least 28 units in the Project will be held for occupancy by families or individuals with adjusted gross income not in excess of 80 percent of the median family income estimated by the United States Department of Housing and Urban Development (HUD) for the Minneapolis-St. Paul standard metropolitan statistical area and at least 102 units in the Project will be held for occupancy by families or individuals whose adjusted gross income does not exceed 66 times the gross rental for the applicable dwelling unit, provided such gross rental shall not exceed 120 percent of the Fair Market Rents for the geographical area in which the Project is located as determined and adjusted from time to time by HUD. The remainder of the units in the Project will be occupied by individuals and families without regard to income limits. The authorization of revenue bonds to finance the Project will make the Project I easible. A-1 It is anticipated that housing development revenue bonds of the City will be issued and sold pursuant to Section 462.07, Minnesota Statutes, for the purpose of providing construction and long-term financing for the Project, in the aggregate principal amount of approximately $7,300,000, which is the amount presently estimated to be necessary to pay a portion of total development and financing costs. A-2 TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager FROM: Eugene A. Dietz, Director of Public Works DATE: August 28, 1985 RE: Cooperative Construction Agreement Crosstown Highway The agenda includes an item to approve the C o o p e r a t i v e A g r e e m e n t w i t h Hennepin County for the construction of CSA H 6 2 ( C r o s s t o w n H i g h w a y ) . The County has open bids for the project in th e a m o u n t o f $ 6 , 3 7 3 , 4 1 2 . 4 2 . Pursuant to the standard cost participation p r o c e d u r e s t h a t t h e C o u n t y has established, a local share from Eden P r a i r i e i n t h e a m o u n t o f $25,757.64 would be required under the terms o f t h i s a g r e e m e n t . In addition, the City will be responsible f o r p r o v i d i n g p o w e r t o t h e signal installations at Baker Road and Shad y O a k R o a d a s w e l l a s t h e responsibility for ongoing electrical co s t s a t t h e s e t w o s i g n a l locations. Maintenance of the street lights , b i t u m i n o u s p a t h w a y s a n d the newly constructed Beach Road will also be a C i t y r e s p o n s i b i l i t y u p o n completion. The cost allocations and maintenance respons i b i l i t i e s f o r t h e C i t y a r e consistent with past agreements with Hennepin C o u n t y a n d t h e r e f o r e S t a f f recommends approval of the document. EAD:sg CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-203 APPROVING COOPERATIVE CONSTRUCTION AGREEMENT WITH HENNEPIN COUNTY FOR COUNTY STATE HIGHWAY 062 WHEREAS, a Hennepin County Department of Transportation has designed, opened bids and are preparing to award a contract for the construction of County State Aid Highway 062 between Shady Oak Road and County State Highway 04; WHEREAS, the Hennepin County Department of Transportation has prepared Agreement No. PW 32-49-85, which encompasses the agreement between the City of Eden Prairie and Hennepin County for cost participation and subsequent maintenance of the completed improvement; and WHEREAS, the City of Eden Prairie finds the considerations of the agreement to be acceptable. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL that said Cooperative Agreement be approved and that the Mayor and City Manager be authorized to execute the document on behalf of the City. ADOPTED by the Eden Prairie City Council on September 3, 1985. Gary D. Peterson, Mayor ATTLST SEAL John D. Frane, Clerk Agreement No. PW 32-49-85 County Project No. 6839 County State Aid Highway No. 62 City of Eden Prairie County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT AGREEMENT, Made and entered into this day of , 19 , by ' and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Eden Prairie, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, The County and the City have been negotiating to bring about the improvement of that portion of County State Aid Highway No. 62 between 105 feet east of County State Aid Highway 4 and 880 feet east of County State Aid Highway 61 (Engineer's Stations LN 148+90 to LE8 378+62.54) as shown on the County Engineer's plans for County Project No. 6839, which improvement contemplates and includes grading, aggregate base, concrete pavement, plant-mixed bituminous base, plant-mixed bituminous surface, plant-mixed bituminous shoulders, concrete curb and gutter, storm sewer, landscaping, median barrier, water main, traffic signals, bridge construction and other related improvements; and WHEREAS, A portion of the above described project lies within the corporate limits of the City, and WHEREAS, The County and its Agents have heretofore advertised and received bids for the above described project. The low bid in the amount of $6,373,412.42 was submitted by Enebak Construction Company and a recommendation of award of contract to said Company has been made by the County to the State of Minnesota. A copy of the cost estimate for the project based on the County Engineer's estimated quantities and -1- • unit prices submitted by the low bidder, Enebak Construction Company is a t t a c h e d hereto, marked Exhibit "A", and by this reference made a part hereof; and WHEREAS, It is contemplated that said work be carried out by the parties hereto under the provisions of M.S. SEC. 162.17, Subd. 1 and SEC. 471.59. • NOW THEREFORE, IT IS HEREBY AGREED: That the County and its agents will enter into a contract with the succes s f u l bidder at the unit prices specified in the bid of such bidder, according t o l a w i n such case provided for counties. The contract will be in form and will inc l u d e t h e plans and specifications prepared by the County, which said plans and speci f i c a t i o n s are by this reference made 8 part hereof. II The County will administer the contract and inspect the construction of th e contract work contemplated herewith. However, the City Engineer of Eden P r a i r i e s h a l l cooperate with the County Engineer and his staff at their request to the e x t e n t necessary, but will have no responsibility for the supervision of the wor k . III The County or its agents will acquire all rights of way, permits and/or easements required for the construction of said project. The final cost of all rights of way, permits and/or easements required fo r t h e construction of said project plus all costs incurred by the County in acqui r i n g s a i d -2- rights of way, permits and/or easements shall be apportioned as indicated in the Division of Cost Summary included as a part of said Exhibit "A" attached hereto. The right of way costs incurred as described herein shall include all acquisition costs including, but not limited to, any and all damages occurring to any person or persons, including private utilities, in relocating or removing or adjusting main conduits or other structures located in or upon the land taken and within the present right of way; or damage in procuring such right of way, whether such damage is caused by the County or the City in the performance of such contract with respect to the improvement of County State Aid Highway No. 62 as shown on the plans for County Project No. 6839. The County will periodically, as parcels are acquired, prepare and submit to the City itemized accounts showing right of way and acquisition costs incurred by the County. The City share of said costs shall become due and payable within thirty (30) days after submittal. IV The City shall reimburse the County for its share in the construction cost of the contract work for said project and the total final contract construction cost shall be apportioned as set forth in the Division of Cost Summary in said Exhibit "A" attached hereto. The said Division of Cost Summary does not, however, include the cost shares for construction and maintenance of the traffic signal systems included in the project at the F.A.I. 494 ramp terminals. Said cost shares will be covered in a separate agreement to be executed by and between the County, the State of Minnesota and the Cities of Eden Prairie and Eden Prairie. It is further agreed that the cost estimate referred to on Page 1 of this -3- agreement is an estimate of the construction cost for the contract work on said project and that the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the County Edgineer shall govern in computing the total final contract construction cost for appoktioning the cost of said project according to the provisions of this paragraph. V In addition to payment of the City's proportionate share of the contract construction cost, the City also agrees to pay to the County a sum equal to seventeen percent (17%) of the amount computed as the City's share of the said contract construction cost for roadway construction and fourteen percent (14%) of the City's share for traffic signal construction, it being understood that said additional payment by the City is its proportionate share of all engineering costs incurred by the County in connection with the work performed under this contract. V I Within sixty (60) days after an award by the County or its agents to the successful bidder, the City shall deposit with the Hennepin County Treasurer the total estimated City share in the contract construction and engineering costs for the project. Said estimated City share shall be based on actual contract unit prices for estimated quantities shown in the plans. Upon completion and acceptance of the work as provided in the contract and the preparation by the County of a final estimate computing and determining the amount due the Contractor performing the work, the County shall determine and compute the total amount due the County from the City as set forth hereunder. The County shall apply on -4- the payment thereof as much as may be necessary of the aforesaid funds deposited by the City. If the amount found due from the City is less than the amount of the funds deposited, then, and in that event, the balance.of said deposited funds shall be returned to the City without interest. If the amount found due from the City exceeds said amount of funds deposited, the City agrees to promptly pay to the County the difference between said amount found due and said amount of funds deposited. VII The County Engineer will prepare monthly progress reports as provided in the specifications. A copy of these reports will be furnished to the City upon request. V I II All records kept by the City and the County with respect to this project shall be subject to examination by the representatives of each party hereto. IX The County reserves the right not to issue any permits for a period of five (5) years after completion of the project for any service cuts in the roadway surfacing of the County Highways included in this project for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities. X It is agreed that the City shall, at its own expense, remove and replace all City owned signs that are within the construction limits of this project. -5- X I Upon completion of the project, the County, at its expense, shall place the necessary signs and the City, at its expense, shall provide the enforcement for the prohibition of on-street parking on those portions of County State Aid Highway Nos. 60, 61 and 62 constructed under this project within its corporate limits recognizing the concurrent jurisdiction of the Sheriff of Hennepin County. Any modification of the above parking restrictions shall not be made without first obtaining a resolution from the County Board of Commissioners permitting said modification. XII It is understood and agreed that upon completion of the improvement proposed herein, all bituminous bicycle path included in said improvement shall become the property of the City and all maintenance, restoration, repair or replacement of said bituminous bicycle path required thereafter shall be performed by the City at its own expense. It is further understood that neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of or by reason of negligent performance of the hereinbefore described bituminous bicycle path maintenance, existence, restoration, repair or replacement by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees hnrmless from all claims, demands, actions or causes of action and expenses -6- (including, without limitation, reasonable attorney's fees, witne s s f e e s , a n d disbursements incurred in the defense thereof) arising out of neg l i g e n t p e r f o r m a n c e b y the City, its officers, 'agents or employees. XIII The City agrees that any City license required to perform electrica l w o r k w i t h i n the City shall be issued to the Contractor or the County at no cost t o t h e C o n t r a c t o r or the County. Electrical inspection fees shall not be more than th o s e e s t a b l i s h e d b y the State Board of Electricity in the most recently recorded Electr i c a l I n s p e c t i o n F e e Schedule. XIV The City shall install, or cause the installation of an adequate th r e e w i r e , 120/240 volt, single phase, alternating current electrical power c o n n e c t i o n t o t h o s e traffic control signals and integral street lights included in the c o n t r a c t a t C o u n t y State Aid Highway 60 and at the southerly ramp-frontage road termi n a l o f C o u n t y S t a t e Aid Highway 61 all at the sole cost and expense of the City. Furt h e r , t h e C i t y s h a l l provide the electrical energy for the operation of the said traffi c c o n t r o l s i g n a l s and street lights at the sole cost and expense of the City. XV The City shall not revise by addition or deletion, nor alter or adju s t a n y component, part, sequence, or timing of any of the traffic control s i g n a l s i n c l u d e d i n the project, however, nothing herein shall be construed as restraint o f p r o m p t , prudent action by properly constituted authorities in situations wh e r e a p a r t o f s u c h -7- traffic control signals may be directly involved i n a n e m e r g e n c y . XVI Upon completion of this project, maintenance and r e p a i r o f t h e t r a f f i c c o n t r o l signals at the F.A.I. 494 ramp terminals will be p e r f o r m e d a s p r o v i d e d i n t h e s e p a r a t e agreement mentioned in Article IV herein. Mainte n a n c e a n d r e p a i r o f a l l o t h e r t r a f f i c control signals included in the project shall be t h e r e a f t e r p e r f o r m e d b y t h e C o u n t y a t its own sole cost and expense. Further, the Count y , a t i t s e x p e n s e , s h a l l m a i n t a i n . the integral street lights for the City except fo r t h e m a i n t e n a n c e o f p h o t o - e l e c t r i c controls, relamping, glassware, and cleaning of t h e g l a s s w a r e t h e r e o f . T h e C i t y , a t its expense, shall thereafter maintain the above m e n t i o n e d p h o t o - e l e c t r i c c o n t r o l s a n d perform the necessary relamping, glassware clean i n g a n d r e p l a c e m e n t a t t h e C o u n t y State Aid Highway 60 and at the County State Aid H i g h w a y 6 1 s o u t h e r l y r a m p - f r o n t a g e road terminal traffic control signal locations. XVII Upon final completion of the entire project, Bea c h R o a d a n d t h a t p o r t i o n o f Rowland Road within the corporate limits of the Ci t y c o n s t r u c t e d u n d e r t h i s p r o j e c t shall be returned to the jurisdiction of the City . T h e C i t y a g r e e s , h o w e v e r , t h a t i t will commence surface maintenance (i.e. sweeping and snow and ice cont r o l ) o n t h e above described portions of Beach Road and Rowlan d R o a d w h e n t h e i r c o n s t r u c t i o n h a s been completed and they have been opened to traffic prior to completion o f t h e e n t i r e project. -8- XVIII It is further agreed that each party to this agreement shall not be responsi b l e or liable to the other or to any other person whomsoever for any claims, damage s , actions, or causes of actions of any kind or character arising out of or by rea s o n o f the performance of any work or part hereof by the other as provided herein; and e a c h party further agrees to defend at its sole cost and expense any action or proc e e d i n g commenced for the purpose of asserting any claim of whatsoever character arisi n g i n . connection with or by virtue of performance of its own work as provided herein . XIX It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services requir e d o r provided herein to be performed by the City shall not be considered employees o f t h e County, and that any and all claims that may or might arise under the Worker ' s Compensation Act or the Unemployment Compensation Act of the State of Minnes o t a o n behalf of said employees while so engaged and any and all claims made by any th i r d parties as a consequence of any act or omission on the part of said employees w h i l e s o engaged on any of the work or services provided to be rendered herein shall in n o w a y be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for her e i n t o be performed by the County shall not be considered employees of the City, and t h a t a n y and all claims that may or might arise under the Worker's Compensation Act or t h e Unemployment Compensation Act of the State of Minnesota on behalf of said empl o y e e s -9- while so engaged and any and all claims made by any third par t i e s a s a c o n s e q u e n c e o f any act or omission on the part of said employees while so en g a g e d o n a n y o f t h e w o r k or servIces provided to be rendered herein shall in no way be t h e o b l i g a t i o n o r responsibility of the City. XX The provisions of M. S. 181.59 and of any applicable local ordi n a n c e r e l a t i n g t o civil rights and discrimination and the affirmative action poli c y s t a t e m e n t o f Hennepin County shall be considered a part of this agreement a s t h o u g h f u l l y s e t f o r t h herein. -1 0- Exhibi--"A" Page 1 14 OF 14 DIVISION OF COST SUMMARY HENNEPIN COUNTY PROJECT 6839 - S.P. 27-662-38 CSAH 62 FROM 105 FT. EAST OF CSAH 4 TO 880 FT. EAST OF CSAH 61 COST COST EDEN HENNEPIN PRAIRIE COUNTY ESTIM ITEM UNIT QUAN CCNO CURB & CUTTER DES. BuA CSAH 62 STA 297.94 TO CSAH 60 STA 99+57 LIN FT 267 CSAH 60 STA 99+57 TO CSAH 62 STA 304.57 UN FT 476 CSAH 62 STA 300+74 TO CSAH 62 STA 305.03 LIN FT 428 TOTAL ESTIM EDEN HENN COST PRAIRIE CO. 1,735.50 50 50 3,094.00 50 50 2,782.00 50 50 UNIT COST( 11 6.50 6.50 6.50 867.50 867.50 1,547.00 1,547.00 1,391.00 1,391.00 STI..RM SEWER (AT CSAH GO) CONST CATCH BASINS, DES F, 40.1, 2, 3 COAST CATCH BASINS, DES C. NO. 6, 7, 8, 9, 11, 12, 13, 14, 15, 16 12" RC PIPE SEWER, DES. 3006 18" RC PIPE SEWER, DES. 3006 CASTING ASSEMBLIES LIN FT 20 140.00 2,800.00 50 50 1,400.00 1,400.00 LIN FT 47.2 110.00 5,192.00 50 50 2,596.00 2,596.00 LIN FT 356 20.00 7,120.00 50 50 3,560.00 3,560.00 LIN FT 74 20.00 1,480.00 50 50 740.00 740.00 EACH 13 250.00 3,250.00 50 50 1,625.00 1,625.00 $27,453.50 $13,726.75 $13,726.75 SUB-TOTAL - ROADWAY CONSTRUCTION FULL T ACT IRA)) CONT SIG SYSTEM SIG SYS "A" (CSAH 60) SIG SYS "D" (BEACH RD-CLEARWATER DR) SIG SYS "E" (CSAM 61) 1 50,000.00 50,000.00 1 50,000.00 50,000.00 1 50,000.00 50,000.00 25 75 37.5 62.5 25 75 SIG SYS SIG SYS SIG SYS 12,500.00 37,500.00 18,750.00 31,250.00 12,500.00 37,500.00 SUB-TOTAL - SIGNAL SYSTEMS "A", "D", "E" 150,000.00 43,750.00 106,250.00 %)(I-TOTAL - SIGNAL SYSTEMS "13", "C" (I-494) 80,000.00(2) BALANCE OF CONSTRUCTION ITEMS - PARTICIPATING PORTION 5,581,941.77 0 100. - 5,581,941.77 LESS 76.74% FEDERAL PARTICIPATION -44,107.66 -4,375,652.27 BALANCE OF CONSTRUCTION ITEMS NON-PARTICIPATING PORTION 534,017.15 0 100 - 534,017.15 TOTAL ESTIMATED COST FOR CONTRACT ITEMS 6,673,412.42 13,369.09 1,860,283.40 PLUS (7% ENGINEERING & CONTRACT ADMINISTRATION ROADWAY CONSTRUCTION 2,333.55 PLUS 14% ENGINEERING & CONTRACT ADMINISTRATION SIGNAL SYSTEMS "A", "0", "E" 6,125.00 RIGHT OF WAY CSAH 60 TO WEST R/W LINE OF 1-494 8,000.00 50 50 4,000.00 4,000.00 FROM WEST R/W LINE OF 1-494 TO EASTERLY PROJECT LIMITS 1,200,000.00 0 100 - 1,200,000.00 TOTAL ESTIMATED COST - EDEN PRAIRIE 25,757.64 (1) BASED ON UNIT PRICES SUBMITTED BY THE LOW BIDDER, ENEBAK CONSTRUCTION COMPANY (2) COVERED IN SEPARATE AGREEMENT 08/07/85 TO: Mayor Peterson and City Council THROUGH: Carl J. Jullie, City Manager FROM: Eugene A. Dietz, Director of Public Works DATE: August 29, 1985 RE: Special Assessment Agreement Harold Schaitberger Property The attached special assessment agreement was drafted b y o u r a t t o r n e y i n response to Mr. Schaitberger's request that he be allo w e d t o i n s t a l l a septic system on his property north of the Prair i e D a i r y S t o r e . Specifically, Mr. Schaitberger proposes to convert a s t o r a g e f a c i l i t y Into a machine shop industrial type of use. Presen t l y , t h e s t o r a g e facility has no restrooms and the sanitary sewer is n o t i m m e d i a t e l y adjacent to the site. After discussion of the matter, Staff determined that a p r o p e r p r o c e d u r e would be to allow the temporary installation of a sept i c s y s t e m f o r t h e use. To protect the City against an untimely extensio n o f t h e s a n i t a r y sewer because of the septic tank being newly installe d , t h i s a g r e e m e n t provides that Mr. Schaitberger would not object to the a m o u n t o f t h e assessment at the time of the installation. Staff reco m m e n d s a p p r o v a l . EAD:sg sewer and water main to the Property ( h e r e i n a f t e r r e f e r r e d t o a s the "Improvements") when the Owners d e c i d e t o c o n n e c t s a i d facilities to the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owners consent to the levying of a s s e s s m e n t s a g a i n s t the Property for the construction of t h e I m p r o v e m e n t s o r t h e imposition of a connection charge pur s u a n t t o 0 . 0 7 o f t h e E d e n Prairie City Code. 2. The cost to be assessed against the P r o p e r t y , o r t h e connection charge to be imposed pursu a n t t o S 3 . 0 7 o f t h e E d e n Prairie City Code, for the constructi o n o f t h e I m p r o v e m e n t s w i l l be the full cost to extend the sanitar y s e w e r a n d w a t e r m a i n t o the property in accordance with the cu s t o m a r y p r a c t i c e s o f t h e City. The actual cost shall be determ i n e d b y the City Council. If the cost is to be assessed, the ass e s s m e n t shall be spread uniformly over five (5) years and shal l b e a r such interest rate as is allowed by law. 3. The City's assessment records for the P r o p e r t y w i l l s h o w the assessments as pending assessments. 4. The Owners waive notice of any assessm e n t o r c o n n e c t i o n charge hearing to be held, at which he a r i n g o r h e a r i n g s t h e assessment or connection charge is to b e c o n s i d e r e d b y t h e C i t y Council and thereafter approved and l e v i e d o r c h a r g e d . N o t w i t h - standing this waiver of notice, the C i t y s h a l l g i v e n o t i c e o f the hearing in the same manner in whi c h i t w o u l d h a v e w e r e i t -2- 1 not for this Agreement, provided, however, the failure of t h e City to give notice shall not affect the validity of any a s s e s s - ments or give rise to any appeal or challenge to the asse s s m e n t or charge or this Agreement. 5. The Owners concur that the benefit to the Property by virtue of the Improvements to be constructed will exceed t h e amount of the assessment or charge to be imposed against t h e Property. The Owners waive all rights they have by virt u e o f Minnesota Statute §429.081 or otherwise, to challenge th e a m o u n t or validity of the assessments or the procedure used by the C i t y in apportioning the assessments or the connection charge i m p o s e d pursuant to §3.07 of the Eden Prairie City Code. The Ow n e r s hereby release the City, its officers, its agents and em p l o y e e s from any and all liability related to and arising out o f t h e impositions or the levying of the assessments or collec t i o n o f the connection charge. 6. At such time as the Improvements described herein are constructed, completed, and paid for, the City shall rele a s e t h e Property from this Agreement. 7. This Agreement shall be effective immediately. CITY OF EDEN PRAIRIE A Municipal Corporation By Barold-L. Sohaitberger Gary Peterson Its Mayor By Carl J. jullie Schaitberger Its City Manager -3- STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of July, 1985, by Gary Peterson and Carl J. Jullie, the Mayor and City Manager of the City of Eden Prairie, a municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of July, 1985, by Harold L. Schaitberger and Schaitberger, husband and wife. Notary Public This document was drafted by: Lang, Pauly Gregerson, Ltd. 4108 IDS Center Minneapolis, MN 55402 -4- CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-205 A RESOLUTION APPROVING FINAL PLAT OF EDENWOODS BUSINESS CENTER WHEREAS, the plat of Edenwoods Business Center has been submitted in a ma n n e r required for platting land under the Eden Prairie Ordinance Code and u n d e r Chapter 462 of the Minnesota Statutes and all proceedings have been duly h a d thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and t h e regulations and requirements of the laws of the State of Minnesota a n d ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ED E N PRAIRIE: A. Plat approval request for Edenwoods Business Center is approved upon compliance with the recommendation of the City Engineer's report on this plat dated August 28, 1985. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on September 3, 1985. Gary D. Peterson, Mayor ATTEST SEAL John D. Franc, CreFk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: David L. Olson, Senior Engineering Technician DATE: August 28, 1985 SUBJECT: EDENWOODS BUSINESS CENTER (formerly The Oaks Business Center) PROPOSAL: Steiner Development, Inc. has requested City Council approval of the final plat of Edenwoods Business Center (formerly The Oaks Business Center) a 16.88 acre site located north of Valley View Road and west of Brauns Estates in the North 1/2 of Section 12. This plat will divide the parcel (presently Outlot A, Brauns estates) into 3 lots, intended for the construction of 3 office/warehouses, and 1 outlot (4.24 acres) to be dedicated to the City. HISTORY: The preliminary plat was approved by the City Council on May 21, 1985, per Resolution No. 85-119. Zoning to 1-2 Park was finally read and approved by the City Council on June 4, 1985, per Ordinance No. 17-85-PUD-3-85. The Developer's Agreement referred to within this report was executed on June 4, 1985. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All utilities within the plat will be installed by the Developer in conformance with City Standards. Drainage and utility easements over utilities to be publicly owned and maintained must be shown on the plat prior to City release of the plat. Utilities not publicly owned but located within utility easements are to be maintained by the property owners. All other utilities will be owned and maintained by the property owners. All streets and parking areas within the addition will be privately owned and maintained. A recordable cross access easement and a maintenance agreement covering the private utilities and streets must be provided to the Director of Public Works prior to release of the plat. Valley View Road street and watermain improvements will be necessary. Provisions for the Developer's submittal of a petition or other financial security are covered in item 9 of the Developer's Agreement. This item must be satisfied prior to release of the plat. I Page 2, Final Plat of Edenwoods Business Center PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. BONDING: The requirements for bonding are covered in the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Edenwoods Business Center subject to the requirements of. this report, the Developer's Agreement and the following: 1. Receipt of street lighting fee in the amount of $936.00. 2. Receipt of engineering fee in the amount of $1,264.00 3. Receipt of signed warranty deed for Outlot A. 4. Proper drainage and utility easements shown on the plat. 5. Receipt of cross access easement and maintenance agreement covering the private utilitles and streets. 6. Satisfaction of item 9 of the Developer's Agreement. OLD: km CC: Galen Tongen CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-206 A RESOLUTION APPROVING FINAL PLAT OF • RED ROCK HEIGHTS 2ND ADDITION WHEREAS, the plat of Red Rock Heights 2nd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for Red Rock Heights 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated August 28, 1985. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on September 3, 1985. Gary D. Peterson, Mayor ATTEST SEAL John D. Franc, Clerk TO: THORUGH: FROM: DATE: SUBJECT: CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT Mayor Peterson and City Council Members Carl J. Jullie, City Manager David L. Olson, Senior Engineering Technician August 28, 1985 RED ROCK HEIGHTS 2ND ADDITION PROPOSAL: The Developers, William Gilk and Jerry Halmrast, have requested City Council approval of the final plat of Red Rock Heights 2nd Addition. The proposed subdivision contains 6 lots and 1 outlot on approximately 5.26 acres. Outlot A, containing 1.29 acres, consists largely of marsh land adjacent to Red Rock Lake and will be dedicated to the City. The . development of this additon will be included with Phase I (Red Rock Heights). HISTORY: The preliminary plat was approved by the City Council on March 19, 1985, per Resolution 85-69. Zoning to R1-13.5 was finally read and approved by the City Council on May 7, 1985, per Ordinance 7-85. The Developer's Agreement referred to in this report was executed on May 7, 1985. VARIANCES: A variance from the minimum lot size (City Code Section 11.50) was reviewed by the City Council on May 7, 1985. All other variance requests must be processed through the Board of Appe a l s . UTILITIES AND STREETS: All municipal utilities and streets will be installed throughout the addition by the developer in conformance with City standards. These improvements will be installed in conjunction with Phase I construction. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. ( Page 2, Final Plat Report on Red Rock Height s 2 n d A d d i t i o n BONDING: Bonding shall conform to City Code requiremen t s . RECOMMENDATION: Recommend approval of the final plat of Red R o c k H e i g h t s 2 n d A d d i t i o n , subject to the requirements of this report , t h e D e v e l o p e r ' s A g r e e m e n t and the following: I. Receipt of street lighting fee in the am o u n t o f $ 4 6 8 . 2. Receipt of engineering fee in the amount of $ 2 4 0 . 3. Receipt of warranty deed for Outlot A. 4. Satisfaction of bonding requirements. DLO:sg cc: Jerry Halmrast William Gilk Ron Krueger CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-207 A RESOLUTION APPROVING FINAL PLAT OF TECHNOLOGY PARK 3RD ADDITION WHEREAS, the plat of Technology Park 3rd Addi t i o n - h a s b e e n s u b m i t t e d i n a manner required for platting land under the E d e n P r a i r i e O r d i n a n c e C o d e a n d under Chapter 462 of the Minnesota Statutes an d a l l p r o c e e d i n g s h a v e b e e n d u l y had thereunder, and WHEREAS, said plat is in all respects consis t e n t w i t h t h e C i t y p l a n a n d t h e regulations and requirements of the laws o f t h e S t a t e o f M i n n e s o t a a n d ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY C O U N C I L O F T H E C I T Y O F E D E N PRAIRIE: A. Plat approval request for Technology Park 3 r d A d d i t i o n i s approved upon compliance with the recommenda t i o n o f t h e C i t y Engineer's report on this plat dated August 28 , 1 9 8 5 . B. That the City Clerk is hereby directed to su p p l y a c e r t i f i e d copy of this Resolution to the owners and subd i v i s i o n o f t h e above named plat. C. That the Mayor and City Manager are hereby a u t h o r i z e d t o execute the certificate of approval on beha l f o f t h e C i t y Council upon compliance with the foregoing prov i s i o n s . ADOPTED by th. City Council on September 3, 19 8 5 . Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: David L. Olson, Senior Engineering Technician DATE: August 28, 1985 SUBJECT: TECHNOLOGY PARK 3RD ADDITION (formerly Technology Park Fourth Addition) PROPOSAL: Technology Park Associates have requested Cit y C o u n c i l a p p r o v a l o f the final plat of Technology Park 3rd Addition, a 68.36 a c r e s i t e , located in the South ;,1 of Section 12. The submitted plat consists of 1 lot, intended for the construction of an office/war e h o u s e , 2 outlots to be replated with future development, and rig h t - o f - w a y dedication for West 76th Street and Golden Triangle Drive. HISTORY: The preliminary plat was approved by the City Council on J u n e 1 8 . 1985, per Resolution No. 85-150. The Technology Park P U D w a s approved by the Council on June 18, 1985, per Resolutio n N o . 8 5 - 148. Zoning of Lot 1, Block 1 to 1-2 Park was finally read and a p p r o v e d by the City Council on August 20, 1985. Future devel o p m e n t o f Outlots A and B shall be in conformance with City pla t t i n g a n d zoning requirements. The Developer's Agreement referred to within this r e p o r t w a s executed on August 20, 1985. VARIANCES: All variances not covered by the Developer' s A g r e e m e n t m u s t b e processed through the Board of Appeals. UTILITIES AND STREEETS: The requirements for the installati o n o f u t i l i t i e s , streets and walkways are covered in the Developer's Agreement. A l l utilities, streets and walkways, except those encompassed by I . C . 51-031, will be installed by the Developer in conformance with C i t y standards. PARK DEDICATION: The requirements for park dedication are c o v e r e d i n t h e Developer's Agreement. BONDING: Bonding shall conform to City Code and Developer's Agreement requirements. RECOMMENDATION: Recommend approval of the final plat of Technology Park 3rd Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of Engineering fee in the amount of $450.00. 2. Receipt of street sign fee in the amount of $335.00. 3. Receipt of street lighting fee in the amount of $4,212.00. 4. Satisfaction of Bonding requirements. DLO:km cc: Brad Hoyt D. Edward Ames CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-202 WHEREAS the United Way of Minneapolis Area cu r r e n t l y provides funding to 103 agencies offering ov e r 3 7 0 p r o g r a m s ranging from counseling victims of child abu s e t o p r o v i d i n g homemaker services to the elderly that will allo w t h e m t o r e m a i n in their homes; and WHEREAS the efforts of thousands of community vo l u n t e e r s enable the United Way to maintain fundraising and a d m i n i s t r a t i v e costs under $.09 to every contributed dollar; and WHEREAS in 1985 allocations were made to program s t h a t are reaching more people in high growth communit i e s , t h e U n i t e d Way Board of Directors has made a strong commitme n t t o e x p a n d i n g services to suburban and outlying growth communit i e s ; BE IT RESOLVED that the Mayor and City Council o f E d e n Prairie hereby support United Way Day, Wednesday , S e p t e m b e r 1 8 , 1985, in the Eden Prairie area and further e n c o u r a g e l o c a l businesses and their employees to participate in th i s e v e n t . Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk SEAL Hennepin County Library CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 3-85 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Public District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and, shall be included hereafter in the Public District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph 8, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of September 3, 1985, entered into between Hennepin County and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of August, 1985, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 3rd day of September, 1985. ATTEST: :Tan D. Franc., City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of Exhibit A Legal Description Lot 2, Block 1, Holmes Anderson Addition, He n n e p i n C o u n t y , M i n n e s o t a Eden Prairie Hennepin County Library DEVELOPER'S AGREEMENT This Supplement to Developer's Agreement made and entered into as of this day of , 1985, by and between .HENNEPIN COUNTY, a body politic and corporate, hereinafter referred to as "Owner," and the City of Eden Prairie, a municipal corporation, hereinafter referred to as "City," for the Eden Prairie Public Library: WITNESSETH: WHEREAS, Owner and City made and entered into a Developer's Agreement, dated December 7, 1982, for the Eden Prairie Public. Library (the "Developer's Agreement"),and; WHEREAS, the parties desire to amend said agreement for the property referred to in said agreement, that property being as described in Exhibit A, attached hereto and made a part hereof; NOW, THEREFORE, it is agreed by and between the parties thereto as follows: 1. The Developer's Agreement shall be and hereby is supplemented and amended in the following respects: A. Paragraph 1. shall be amended to read as follows: Owner shall develop the property'in conformance with the revised material dated December 101984, reviewed and approved as amended by the City Council on February_5,1935, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. B. Paragraph 2. shall be deleted. C. There shall be added paragraphs 5. - 14. as follows: 05 . Prior to issuance of any building permit upon the property, Owner agrees to submit to the City Engineer, and receive the City Engineer's approval of detailed storm water run-off and erosion controls plans. Upon approval by the City Engineer, Owner agrees to construct, or cause to be constructed, those Improvements listed above in said plans, as approved by the City Engineer*. "6. Owner agrees to notify the City and Watershed District at least 48 hours in advance of any grading, tree cutting, or tree removal on the property. Prior to issuance of any building permit upon the property,* Owner agrees to submit to the Director of Planning, and receive the Director's approval of: ' A. A modified landscape plan. B. A modified plan for overall lighting on the property. C. *Detailed plans for overall signage on the property, sha: be submitted prior to issuance of the occupancy permit. D. Detailed plans 'for the proposed exterior building materials, as well as samples of the materials proposed for use by the Owner. Upon approval by the Director of Planning, Owner agrees to construct, or cause to be constructed, those improvements listed above in said plans, as approved by the Director of Planning. Concurrent with building construction, Owner agrees to construct, or cause to be constructed, a five-foot wide concrete sidewalk along both Prairie Center Drive and Preserve Boulevard. Owner shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Owner shall follow all rules and recommendations of said Watershed District. "10. If Owner fails to proceed in accordance with this Agreement within twenty-four (20 months of the date hereof, Owner, for itself, its successors, and assigns, shall not oppose rezoning of said property to Rural. Provisions of this Agreement shall be binding upon and enforceable against owners, their successors, and their assigns of the property herein described. "12 . Owner represents and warrants that they own fee title to the property free and clear of mortgages, liens, and other encumbrances. "7. ug . (-) "13. Any term of this Agreement that is illegal or unenforceable at law or in equity shall be deemed to be void and of no force or effect to the extent necessary to bring such term within the provisions of any such applicable law or laws, and such terms as so modified and the balance of the terms of this agreement shall be enforceable. "14. Owner shall, prior to the commencement of any improvements, provide written notice to Minnesota Cablesystems Southwest, a Minnesota Limited Partnership, the franchisee under the City's Cable Communication Ordinance (80-33) of the development contemplated by this Developer's Agreement. Notice shall be sent to Minnesota Cablesystems Southwest, 10210 Crosstown Circle, Eden Prairie, Minnesota, 55344." 2. Hennepin County and Eden Prairie both agree to all of the terms and conditions and accepts the obligations of the "Owner" and "City" respectively under the Developer's Agreement, as amended and supplemented herein. Hennepin County Library CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-191 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 3-85 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 3-85 was adopted and ordered published at a regu l a r meeting of the City Council of the City of Eden Prairie on the 3rd day of S e p t e m b e r , 1985; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF E D E N PRAIRIE: A. That the text of the summary of Ordinance No. 3-85, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type, as defined in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 3-85 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on September 3, 1985. Gary D. Peterson, Mayor ATTEST: John D. Franc, City Clerk 2,0).9 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 3-85 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE', MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: This Ordinance allows rezoning of land located at the southwest corner of Prairie Center Drive and Preserve Boulevard, known as the Eden Prairie/Hennepin County Library, from the Rural District to the Public District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. .Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1985. (A full copy of the text of this Ordinance is available from the City Clerk.) ;2.6130 Hagen Systems CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 23-85 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING C E R T A I N L A N D F R O M O N E ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL D E S C R I P T I O N S O F L A N D IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 A N D S E C T I O N 1 1 . 9 9 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attach e d h e r e t o a n d m a d e a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the 1-2 Park Dist r i c t . Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be includ e d h e r e a f t e r i n t h e 1-2 Park District, and the legal descriptions of land in each Dis t r i c t r e f e r r e d t o in City Code, Section 11.03, Subdivision 1, Subparagraph 8, shall be, and are amended accordingly. Section 4. City Code Chapter I, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty f o r V i o l a t i o n " a n d Section 11.99, entitled "Violation a Misdemeanor" are hereby a d o p t e d i n t h e i r entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of September 3, 1 9 8 5 , e n t e r e d i n t o between Rialto Investors and the City of Eden Prairie, those cert a i n s u p p l e m e n t s t o Developer's Agreement between Prime Development and the City o f E d e n P r a i r i e a n d Anderson Development, Inc., and the City of Eden Prairie, w h i c h A g r e e m e n t a n d Supplements are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the Cit y o f E d e n Prairie on the 2nd day of July, 1985, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 3rd day of September, 1985. ATTEST: John P. Frane, City Cl6A Gary O. Peterson, Mayor PUBtISMED in the Eden Prairie News on the day of ',')3 • EXHIBIT A HAGEN SYSTEMS • - .ZONING • That part of Outlot C. CITY WEST SECOND ADDITION, He n n e p i n C o u n t y , M i n n e s o t a , described as follows; Beginning at the cost Northwes t e r l y c o r n e r o f s a i d O u t l o t C; said point being on the easterly right-of-way line of C i t y W e s t P a r k w a y ; thence North 45°15'26" East, assumed bearing, along the northerly line of said Outlot C, 125.00 feet; thence North 6911'18." East alon g s a i d n o r t h e r l y l i n e 315.00 feet; thence South 20'4842" East 30.00 feet; th e n c e S o u t h 6 9 ° 1 1 1 8 " West, parallel with the northerly line of said Outlot C , 3 0 . 0 0 f e e t ; t h e n c e southeasterly 209.79 feet along a non-tangential curv e w i t h a r a d i u s o f 2 2 0 . 0 0 feet) through a central angle of 54 °3809", a chord distance of 201.93 feet and a chord bearing of South 28°2005" East; thence South 3 4 ° 2 0 ' 5 0 " W e s t 2 8 0 . 0 0 feet; thence northwesterly 72.02 feet along a non-tan g e n t i a l c u r v e w i t h a radius of 500.00 feet,through a central angle of 08°1 5 ' 1 1 " , c h o r d d i s t a n c e o f 71.96 feet and a chord bearing of North 51 0 31 1 36" West; thence South 89°27'56" West 155.34 feet to the easterly right-(if-way line of Cit y W e s t P a r k w a y ; t h e n c e northerly along said right-of-way line 229.01 feet alo n g a n o n - t a n g e n t i a l curve with a radius of 320.00 feet, through a central a n g l e o f 4 1 0 00'13", chord distance of 224.15 feet and a chord bearing of N o r t h 2 4 0 14 1 36" West to the point of beginning. Said tract contains 2.73 a c r e s , c o r e o r l e s s . S u b j e c t to easements, reservations, or restrictions of recor d , i f a n y . PLATTING Outlot C, City West 2nd Addition Hennepin County, MN Hagen Systems PUD-DEVELOPER'S AGREEMENT . THIS AGREEMENT, made and entered into as of , 1985, by and between RIALTO INVESTMENTS, a Minnesota partnership of major s t o c k h o l d e r s o f Hagen Systems, Inc., a Minnesota corporation, hereinafter r e f e r r e d t o a s "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporatio n , h e r e i n a f t e r referred to as "City:" • WITNESSETH: WHEREAS, Developer has applied to City for Planned.Urit Development D i s t r i c t Review Amendment of approximately 20 acres, with variances to allow f o r a ) m o r e t h a n 50% office use within the 1-2 Park Zoning District, b) a 35 ft. fron t y a r d s t r u c t u r e setback along City West Parkway, from 50 ft., and c) a 17.5 ft. p a r k i n g s e t b a c k along City West Parkway, from 35 ft., and Zoning District Change f r o m R u r a l t o 1 7 2 Park for 2.94 acres for construction of a two-story structure, situ a t e d i n H e n n e p i n County, State of Minnesota, more fully described in Exhibit A, at t a c h e d h e r e t o a n d made a part hereof, said 20 acres hereinafter referred to as " t h e O v e r a l l P U D property" and said 2.94 acres hereinafter referred to a s " t h e p r o p e r t y , " a n d ; NOW, THEREFORE, in consideration of the City adopting Ordinance #PUD-4-85- 23415, Developer covenants and agrees to constru c t i o n u p o n , d e v e l o p m e n t , a n d maintenance of said property as follows: 1. Developer shall develop the property in confor m a n c e w i t h t h e materials revised and dated _ , 1985, reviewe d a n d a p p r o v e d by the City Council on July 2, 19Jt, and att.ached h e r e t o a s E x h i b i t B, subject to such changes and modifications as provid e d h e r e i n . Developer shall not develop, construct upon, o r m a i n t a i n t h e property in any other respect or manner than provide d h e r e i n . 2. Developer covenants and agrees to the performance a n d o b s e r v a n c e b y Developer at such times and in such manner as pro v i d e d t h e r e i n o f 2. all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to release by the City of the final plat, Developer shall submit to the City .Engineer, and receive the City Engineer's approval of: A. Detailed storm water run-off and erosion control plans. B. Detailed plans showing utility easements. C. Detailed plans for the revised median cut in City West Parkway and detailed plans for the right-in, only, access to the property. Upon approval by the City Engineer, Developer shall implement, or cause to be implemented, those improvements listed above, in accordance with Exhibit C, attached hereto, as approved by the City Engineer. 4. Developer agrees to notify the City and Watershed District at least 48 hours prior to any grading, tree removal, or tree cutting on the property. 5. Prior to issuance of any building permit upon the property, Developer shall submit to the Director of Planning, and receive the Director's approval of: A. Modified landscape plans which provide for a ten-foot planting strip between the Phase I and Phase II parking areas, and with additional coniferous trees to screen the loading areas from Highway #169 and the adjacent residential property to the north. • B. Plans depicting screening of the rooftop mechanical units and overhead loading doors, which shall be done in a manner which is architecturally compatible with the exterior materials of the structure, as depicted in Exhibit B, attached hereto. C. Plans depicting lighting and signage details. D. Color samples of the proposed exterior building materials for the structure. Upon approval by the Director of Planning, Developer agrees to implement, or cause to be implemented, those improvements listed above, as approved by the Director of Planning. 6. Developer has provided the City with access control of the western side of City West Parkway. A copy of the access control document is attached hereto as Exhibit D, and made a part hereof. Developer shall revise the doctwnt to externi access control opposite of the relocilled modiaa cut and shall promptly record an or of said document. . 7. Developer agrees that the revised median cut, referred to in 3. C. • above, shall be constructed in conformance with City Engineering standards. Developer agrees that Developer shall bear all costs associated with planning and constructicn of the revised median cut • and with closing of the existing median cut. 8. Developer agrees that the right-in, only, access to the property, referred to in 3. C. above, shall be constructed in accordance with City Engineering standards and Developer further agrees that Developer shall bear all costs associated with construction of said right-in, only, access to the property. 9. Developer acknowledges that the property will benefit from any future improvements to Shady Oak Road in the vicinity of City West and agrees to pay its fair share of the corresponding special assessments. 10. Developer agrees to become a member of the City West Owners' Association with respect to ownership and maintenance of the common areas of the Overall PUD property. (Prime Development Inc.) Hagen Systems OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN RIALTO INVESTMENTS AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of 1985, by and between , a Minnesota corporation, hereinafter referred to as "Owners," and the City of Eden Prairie, hereinaf t e r r e f e r r e d t o a s "City:" For and in consideration of, and to induce, City to adopt Ordina n c e # 2 3 - 8 5 - PUD-4-85 changing the zoning of the property owned by Owner from R u r a l t o 1 - 2 , w i t h variances, as more fully described in that certain Developer' s A g r e e m e n t e n t e r e d Into as of , 1985, by and between Rialto Investme n t s , a n d C i t y , Owners agree with the City as follows: 1. If Rialto Investments fails to proceed in accordance with t h e Developer's Agreement within 24 months of the date hereof, Ow n e r shall not oppose the rezoning of the property to Rural. 2. This Agreement shall be binding upon and enforceable against Owne r s , their successors, heirs, and assigns of the property. 3. If the Owners transfer such property, owners shall obtain a n agreement from the transferree requiring that such transferee a g r e e to the terms of the Developer's Agreement. OWNERS By Its (Anderson Development, Inc. Hagen Systems OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN RIALTO INVESTMENTS AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1985, by and between , a Minnesota corporation, hereinafter referred to as "Owners," and the City of Eden Prairie, hereinafter referred to as "City:" For and in consideration of, and to induce, City to adopt Ordinance #23-85- PUD-4-85 changing the zoning of the property owned by Owner from Rural to 1-2, with variances, as more fully described in that certain Developer's Agreement entered. Into as of , 1985, by and between Rialto Investments, and City, Owners agree with the City as follows: If Rialto Investments fails to proceed in accordance with the Developer's Agreement Within 24 months of the date hereof, Owner shall not oppose the rezoning of the property to Rural. 2. This Agreement shall be binding upon and enforceable against Owners, their successors, heirs, and assigns of the property. 3. If the Owners transfer such property, owners shall obtain an agreement from the transferree requiring that such transferee agree to the terms of the Developer's Agreement. OWNERS By Its Hagen Systems CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-190 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 23-85 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 23-85 was adopted and ordered published at .a regular meeting of the City Council of the City of Eden Prairie on the 3rd day of September, 1985; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 23-85, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type, as defined in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for Inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 23-85 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on September 3, 1985. Gary D. Peterson, Mayor ATTEST: .John D. Franc, City Cl-CTT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 23-85 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This Ordinance allows rezoning of land located east of City West Parkway, West of Highway #169, known as Hagen Systems, from the Rural District to the 1-2 Park District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1985. (A full copy of the text of this Ordinance is available from the City Clerk.) Hampton Inn CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2445 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the C-Reg District and be placed in the C-Regional-Service District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the C-Reg District and shall be included hereafter in the C-Regional-Service District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph 8, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of September 3, 1985, entered into between Ed Bosio & Associates and the City of Eden Prairie, and that certain supplement to Developer's Agreement between SWK8 Partnership and the City of Eden Prairie, which Agreement and Supplement are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of August, 1985, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 3rd day of September, 1985. ATTEST: John D. Franc, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of EXHIBIT A Lot 2, Block 1, Promontory Ridge, He n n e p i n C o u n t y , M N :I( Hampton Inn DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1985, by , a Minnesota partnership, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporat i o n , h e r e i n a f t e r referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District chang e f r o m C - Regional to C-Regional-Service for 2.64 acres for construction of a 1 2 8 - r o o m h o t e l , situated in Hennepin County, State of Minnesota, more fully descr i b e d i n E x h i b i t A , attached hereto and made a part hereof, and said acres hereinaf t e r r e f e r r e d t o a s "the property:" NOW, THEREFORE, in consideration of the City adopting Ordinan c e # 2 4 - 8 5 , Developer covenants and agrees to construction upon, development, a n d m a i n t e n a n c e o f said property as follows: 1. Developer shall develop the property in conformance with t h e materials revised and dated , 1985, reviewed and appro v e d by the City Council on August 20, 1985, and attached hereto a s .Exhibit 8, subject to such changes and modifications as provi d e d herein. Developer shall not develop, construct upon, or maint a i n the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance b y Developer at such times and in such manner as provided therein o f all of the terms, covenants, agreements, and conditions set forth i n Exhibit C, attached hereto and made a part hereof. 3. Prior to issuance of any building permit upon the propert y , Developer agrees as follows: A. To submit to the City Engineer, and receive the City Engineer's approval of: 1. Detailed storm water run-off and erosion control Plans. 2. Detailed utility and street plans. Upon approval by the City Engineer, Dev e l o p e r a g r e e s t o construct, or cause to be constructed, th o s e i m p r o v e m e n t s listed above in said plans, in accordance w i t h E x h i b i t C , attached hereto, as approved by the City E n g i n e e r . B. To submit to the Director of Planning, a n d r e c e i v e t h e Director's approval of: 1. A detailed landscape plan which effectively s c r e e n s parking areas from public view. 2. A revised site plan, indicating five-foot w i d e concrete sidewalks as depicted on Exhibit D, attached hereto and made a part hereof. 3. Detailed signage and lighting plans, w h i c h a r e compatible with the signage and lighting u s e d o n t h e adjacent property to the west-southwest. 4. Detailed plans for the trash enclosure, whi c h s h a l l be constructed with facebrick, or equal ma t e r i a l , t o match the building. Said'trash enclosure s h a l l b e relocated on the property in order t o b e i n conformance with City Code requirements. 5. Detailed plans indicating the exterior mat e r i a l s t o be used on the structure, including sampl e s o f a l l said exterior materials. 6. Detailed plans for construction of the r e t a i n i n g walls, which shall be constructed of fac e b r i c k t o match the building. Upon approval by the Director of Planning, D e v e l o p e r a g r e e s to construct, or cause to be constructed, t h o s e i m p r o v e m e n t s listed in the plans above, as approved b y t h e D i r e c t o r o f Planning. 4. In consideration of rezoning and variances g r a n t e d t o D e v e l o p e r f o r Floor Area Ratio, Developer agrees to im p l e m e n t , o r c a u s e t o b e implemented, landscaping on the property t o t h e w e s t - s o u t h w e s t a s shown on Exhibit E, attached hereto a n d m a d e a p a r t h e r e o f . Developer further agrees to provide a bon d t o t h e C i t y , i n a f o r m acceptable to the Director of Planning, i n a n a m o u n t 1 . 5 t i m e s t h e value of the cost of said landscaping, p r i o r t o i s s u a n c e o f a n y building permit on the property. Hampton Inn OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT . BETWEEN AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered int o a s o f , 1985, by and between SWKB Partnership, a Min n e s o t a p a r t n e r s h i p , h e r e i n a f t e r r e f e r r e d t o a s "Owners," and the City of Eden Prair i e , h e r e i n a f t e r r e f e r r e d t o a s " C i t y : " For and in consideration of, and t o i n d u c e , C i t y t o a d o p t O r d i n a n c e # 2 4 - 8 5 changing the zoning of the property o w n e d b y O w n e r f r o m C - R e g t o C - R e g i o n a l - S e r v i c e , as more fully described in that ce r t a i n D e v e l o p e r ' s A g r e e m e n t e n t e r e d i n t o a s o f , 1985, by and between , and City, Owners agree with the City as follows: 1. If fails to proceed in accordance w i t h t h e Developer's Agreement within 24 m o n t h s o f t h e d a t e h e r e o f , O w n e r shall not oppose the rezoning of the p r o p e r t y t o R u r a l . 2. This Agreement shall be binding upon a n d e n f o r c e a b l e a g a i n s t O w n e r s , their successors, heirs, and assigns o f t h e p r o p e r t y . 3. If the Owners transfer such prop e r t y , o w n e r s s h a l l o b t a i n a n agreement from the transferree requ i r i n g t h a t s u c h t r a n s f e r e e a g r e e to the terms of the Developer's Agre e m e n t . OWNERS By Its Hampton Inn CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-202 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 24-85 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 24-85 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 3rd day of September, 1985; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 24-85, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type, as defined in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 24-85 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on September 3, 1985. Gary D. Peterson, Mayor ATTEST: John D. Franc, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 24-85 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND . IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: 5.1.1TTArr This Ordinance allows rezoning of land located west of Highway f-16%-i6uth of Valley View Road, east of Highway #5, known as Hampton Inn, from the C-Reg District to the C-Regional-Service District, subject to the terms and conditions of a developer's agreement. Exhibit -A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson ( City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1985. (A full copy of the text of this Ordinance is available from the City Clerk.) .;4.6q6 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-149 A RESOLUTION FINDING THE AMENDED ENVIRONMENTAL ASSESSMENT WORKSHEET FOR TECHNOLOGY PARK, A PRIVATE ACTION, DOES NOT REQUIRE AN ENVIRONMENTAL IMPACT STATEMENT WHEREAS, the City Council of Eden Prairie did hold a hearing on Ju n e 1 8 , 1985, to consider Technology Park proposal of Technology Park Associat e s ; a n d , WHEREAS, said development is located on approximately 68.36 acres o f l a n d located south and east of Valley View Road, west of Washington Avenue , a n d n o r t h o f Viking Drive in Eden Prairie; and, WHEREAS, the Eden Prairie Planning Commission did hold a public hear i n g o n the Technology Park proposal of Technology Park Associates and d i d r e c o m m e n d approval of the Environmental Assessment Worksheet finding the p r o j e c t o f n o significant impact; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prai r i e , Minnesota, that an Environmental Impact Statement is not nece s s a r y f o r t h e Technology Park proposal of Technology Park Associates, because the pr o j e c t i s n o t a major action, does not have significant environmental effects, and i s n o t o f m o r e than local significance. BE IT FURTHER RESOLVED, that a Negative Declaration Notice shal l b e . officially filed with the Minnesota Environmental Quality Council. ADOPTED this 3rd day of September, 1985. Gary D. Peterson, Mayor ATTEST: John D. Franc, City Clerk --- CITY OF EDEN PRAIRIE 'HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-152 A RESOLUTION FINDING THE AMENDED ENVIRONME N T A L A S S E S S M E N T WORKSHEET FOR PARKWAY APARTMENTS, A PRIVAT E A C T I O N , D O E S NOT REQUIRE AN ENVIRONMENTAL IMPACT STATE M E N T WHEREAS, the City Council of Eden Prairi e d i d h o l d a h e a r i n g o n J u n e 1 8 , 1985, to consider Parkway Apartments propo s a l o f B a r - e t t C o n s t r u c t i o n ; a n d , WHEREAS, said development is located on a p p r o x i m a t e l y 3 5 . 9 a c r e s o f l a n d located east of Mitchell Road and east of C h e s t n u t D r i v e i n E d e n P r a i r i e ; a n d , WHEREAS, the Eden Prairie Planning Commi s s i o n d i d h o l d a p u b l i c h e a r i n g o n the Parkway Apartment proposal of Bar-ett C o n s t r u c t i o n a n d d i d r e c o m m e n d a p p r o v a l o f the Environmental Assessment Worksheet fin d i n g t h e p r o j e c t o f n o s i g n i f i c a n t i m p a c t ; NOW, THEREFORE, BE IT RESOLVED by the C i t y C o u n c i l o f E d e n P r a i r i e , Minnesota, that an Environmental Impact S t a t e m e n t i s n o t n e c e s s a r y f o r t h e P a r k w a y Apartment proposal of Bar-ett Construct i o n , b e c a u s e t h e p r o j e c t i s n o t a m a j o r action, does not have significant envir o n m e n t a l e f f e c t s , a n d i s n o t o f m o r e t h a n local significance. BE IT FURTHER RESOLVED, that a Negat i v e D e c l a r a t i o n N o t i c e s h a l l b e officially filed with the Minnesota Envir o n m e n t a l Q u a l i t y C o u n c i l . ADOPTED this 3rd day of September, 1985. Gary D. Peterson, Mayor ATTEST: MITIT-0. Franc, City Clerk g o Ll sZ TO: FROM: SUBJECT: DATE: Mayor and City Council Eugene A. Dietz, Director of Public W o r k s Technology Drive Improvements I.C. 52-010A August 28, 1985 In response to the concerns raise d b y C i t y C o u n c i l d u r i n g t h e P u b l i c Hearing for Technology Drive, we a r e r e c o m m e n d i n g t h a t t h e p r o p o s e d schedule and method of financing th e p r o j e c t b e m o d i f i e d . Without significant impact to any o f t h e p r o p e r t y o w n e r s , w e c a n d e l a y the construction of the project unt i l w e h a v e a p o t e n t i a l p r o p e r t y b u y e r for the newly created lots. Ther e f o r e , S t a f f i s r e c o m m e n d i n g t h a t Council approve the project and or d e r t h a t i t b e i m p l e m e n t e d s u b j e c t t o purchase agreements being obtained f o r s a l e o f t h e r e m n a n t p a r c e l s t o new owners. Furthermore, it is re q u e s t e d t h a t C o u n c i l a u t h o r i z e t h e preparation of plans and specifications so that the project w o u l d b e ready to construct upon completi o n o f n e g o t i a t i n g a s a l e f o r t h e property. With the above method of scheduling t h e p r o j e c t , i t i s a n t i c i p a t e d t h a t a buyer can be found for the prop e r t y d u r i n g t h e n e x t s i x m o n t h s a n d that the construction process ca n p r o c e e d n e x t s p r i n g . I h a v e n o t discussed this in detail with the p r o p e r t y o w n e r s , h o w e v e r , i t a p p e a r s to be the only streamlined method o f e l i m i n a t i n g t h e r i s k i n v o l v e d w i t h purchasing the property and holdi n g i t f o r a f u t u r e b u y e r . I w i l l b e available at the Council meeting to further discuss this matter. EAD:sg CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 85-160 RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, a resolution of the City Council adopted the 4th day of June , 1 9 8 5 , fixed the 2nd day of July, 1985, (and subsequently continued to Septem b e r 3 , 1985) as the date for a public hearing on the following proposed improve m e n t s : I.C. 52-010 A, Technology Drive Road Improvements east from Wallac e Rd. WHEREAS, ten days published notice of the Council hearing through two w e e k l y publications of the required notice was given and the hearing was held o n t h e 3rd day of September, 1985, at which all persons desiring to be hea r d w e r e 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 designated 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 BRW, Inc., consulting engineers. ADOPTED by the Eden Prairie City Council on September 3, 1985. Gary D. Peterson, Mayor ATTEST: SEAL John D. FraneTTicri 26-so CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #85-200 RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDEN PLACE APARTMENTS FOR TIPTON CORPORATION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Eden Place Apartments, for Tipton Corporation, dated June 19, 1985, consisting of 50.64 acres into two lots, two outlots, and road right- of-way, for construction of 496 apartment units, 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 3rd day of September, 1985. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk July 12, 1985 Mr. Michael J. Sjeklocha Tipton Corporation 4120 Quantico Plymouth, MN 55446 (ELA N.'11) CITY OFFICES 18950 EDEN PRAIRIE ROAD / EDEN PRAIRIE. MN 55344 2499 / TELEPHONE 16121 937-2262 Dear Mr. Sjeklocha: I thought that before you proceeded to o f a r a l o n g w i t h r e v i s e d p l a n s , I w o u l d s h a r e with you some additional thinking abo u t t h e T i p t o n p r o j e c t a s a r e s u l t o f P l a n n i n g Commission concerns and recent developm e n t p r o p o s a l s o n a d j a c e n t p r o p e r t i e s , w h i c h may impact your project. As you had p r e v i o u s l y r e q u e s t e d , I h a v e f o r m u l a t e d m o r e specific development guidelines which s h o u l d a l l o w y o u t o r e s p o n d i n a m o r e s p e c i f i c way. It is my impression that the Planning C o m m i s s i o n i s n o t s a t i s i f i e d w i t h e i t h e r t h e _four-building or eight-building you h a v e d e v e l o p e d f o r t h e s i t e . S i n c e n e i t h e r approach dealt effectively with ways o f r e d u c i n g t h e m a s s i v e n e s s o f t h e b u i l d i n g s , the Planning Commission indicated a sub s t a n t i a l r e d u c t i o n i n d e n s i t y m a y h e t h e o n l y way to physically reduce building mass . A n e x a m p l e o f a " s u b s t a n t i a l " r e d u c t i o n i n density would be four, 89-unit, Y-s h a p e d b u i l d i n g s , o r a t o t a l o f 3 5 6 u n i t s . Acceptability of this building type an d s i z e w o u l d a l s o b e d e p e n d e n t u p o n a d d i t i o n a l jogs in the building, more defined d i f f e r e n c e s i n r o o f l i n e s , a m o r e d e t a i l e d application of the brick material to b r e a k u p t h e l i n e a r n e s s o f t h e b u i l d i n g , a n d substantial berming and landscaping. Another approach to dealing with buil d i n g m a s s , w h i c h w o u l d b e s u b j e c t t o a r e v i e w of detailed building elevation, would b e f o u r , Y - s h a p e d b u i l d i n g s , w i t h t w o a n d three-story elements. The two-story el e m e n t s w o u l d h e f r o m t h e e n d o f t h e b u i l d i n g s to the elevators. This alternative wo u l d a l s o b e s u b j e c t t o j o g s i n t h e b u i l d i n g elevations, a staggering in roofli n e s , a m o r e d e t a i l e d a n d d i f f e r e n t b r i c k application, which counteracts the l o n g a n d l i n e a r n a t u r e o f t h e b u i l d i n g , a n d substantial berming and landscaping. As part of the review of this project , t h e S t a f f h a s b e e n s t u d y i n g a c c e s s a n d r o a d layout in this area, and how it affects the development of the C a r m o d y a n d Cherne piece to the northwest and north of this sit e . T h e C i t y i s r e s p o n s i b l e f o r a s s u r i n g that access is provided to each property, whi c h w o u l d m e a n a d i f f e r e n t road location other than the east/west road, as depicted on the current Tipton plan. My thoughts would be that the access on Anderson Lakes Parkway would r e m a i n i n t h e s a m e location, hut the east/west road would, instead, go directly north to the C h e r n e piece, and run parallel along both boundary lines.. I feel this has advantages for Mr. Michael J. Sjeklocha July 12, 1985 Page Two all three parcels. The length of the roadway on the Tipton piece would r e m a i n t h e same, but would offer the opportunity to share development cost with the C h e r n e s i t e to the north. In addition, I believe it would also create some sit e p l a n n i n g advantages, which may better address the issues of building mass. Encl o s e d f i n d a copy of my initial thoughts on roadway and access. If there are any questions with regards to this letter, please do not h e s i t a t e t o contact my office at your earliest convenience. Sincerely, Michael D. Franzen Senior Planner ;c: Chris Enger, Director of Planning Planning Commission members Attachment MEW/mw r••":. 2 irrin.nr , //. ' ' \ I N \` V. /- '' , ••':..Z.n,,...... - .. t ..—.—.... . /./.I.. ._:_;"----:: 7 jr^N, ?V., • . ........- \ ,---s z,•A. tA.?-.'1.‘,,r' MILLER RC.° ,' • .. ' N. 7,.... _ ' . EDEN 1 ! 00/.19-• • ..•••H' 'lei 15) e bill:, 1, • ‘c.,, ,"1: r -c:,) l'., "...17.3rixztt,::n-,:: .c.ts1 .1.. t .-7. +./ • A , cs,, ( •5 ri ),, 0,... 0, u,.. ... .,;-.., f ' 1 ' T... • ,* MAGNCCOPTROS •• f \ • • 10.4.,0\ I • r• 72=:, .23 - -• - GAXY rev. I 0^ o- 4 c,*7 14.41 " • 7 / - Tref_ A.1.1.tntaq FM a. RHo , 4 CARMODY . •. RM. c. 1:J:1-I•c.r.yo RH•cv • r • r;5 ••"' 1 i cAArro \ •--).,7_,!" Hcp' , -- • •W I - .1 ' .7... (,, Ridgewood West A0010o4 .. •' --,,----------Tr" -, i --- ---,. •i. /,, \ '.. ,..., .0. 0 -11Ritd-o Ntafor Ti( Copnectiow., ,r • ...(Zt./ 4..4 tiORTH.r1UP 4 - • . . RH-cp . IdIRCo no I Eden Pralrl-, STAFF REPORT Planning Commission Michael D. Franzen, Senior Planner Chris Enger, Director of Planning August 9, 1985 Eden Place Apartments West of Highway #169, north of future Anderson Lakes Parkway Tipton Corporation Northrup King 1. Zoning District Change from Rural to RM-2.5 on 32.8 acres for the construction of eight, 62-unit apartment buildings. 2. Preliminary Plat of 50.64 acres into two lots, two outlots, and road right-of-way. TO: FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT: FECOWNER: REQUEST: Background 3. Review of an Environmental Assessment 1.1 rrO N) •11 4M-65 P-1"b \/ 71 This is a continued item from the July 8, 1985, Planning Commission meeting. The Comission made a motion recommending that the de- velopment plans be returned to the proponent for revisions in response guidelines: 1. Revise site plan, with smaller buildings (more, shorter buildings; less units; taller, but shorter building ,..; or, a combination thereof, to help reduce building mass). 2. Revised architectural plans to include jogs on exterior elevations of the building to break up the long and linear wide angle view. Eden Place Apartments 2 August 9, 1985 3. A different application of exterior building materials to counteract the long and linear nature of the building. 4. A revised landscape plan with heavy landscaping and maximum berm heights possible. 5. A revised site plan, with five-foot wide concrete sidewalks on both sides of Garden Lane and an eight-foot wide bituminous path, a five-foot wide concrete sidewalk along Evergreen Street, and an internal pedestrian system of five-foot wide concrete sidewalks, linking buildings, open space, and recreational amenities, to the trail system proposed in the road right-of- way. 6. A modified of the preliminary plat consolidating Outlots A and B into one outlot. Site Plan The site plan has changed substantially from a four, three-story, 125-unit building approach to an eight, 2- and 3-story, 62-unit building approach. The use of smaller buildings with two distinct building types, creates a "village-like" scheme as opposed to the "institutional" nature of the four building plan. The site plan has been internalized, which allows for increased setback area to Research Road and Anderson Lakes Parkway, which allows more room for substantial berming and heavy landscaping, which helps to break up the views of the overall building mass. Another significant change in the site plan is the addition of Overview Road, which will provide one point of access to the Carmody property northwest of the site. Although this road is shown in concept on the Cherne property to the north, looping back to Research Road, the exact location of this road has not been determined and may change as part of a review of a specific site plan. The final alignment of Research Road north of this site has not been determined. The proponent has indicated that they will agree to changes in right-of-way location if necessary, as determined by the City Engineer. Staff expects that this road may bend slightly more to the east. Parking does not meet the minimum setback of 35 feet from Garden Lane. Staff expects that 12 to 14 parking spaces will have to be relocated elsewhere on the site. Architecture Eight, 62-unit buildings are proposed, with two primary building types. The use of additional dormers, more pronounced roof heights, increased building jogs, different building shapes, and the introduction of a two-story element at the end of the buildings, helps reduce the mass visually, while at the same time, adding variety. Since there are eight buildings proposed, Staff feels that there should be a variety of colors within a co mmon scheme to add variety to the project. Staff would suggest a variety of colors in the mediul to dark brown rsmge, as opposed to light colors. All doors should be painted a color to match the buildings. Prior to Council review, the proponent shall submit the proposed color schemes for review. Eden Place Apartments 3 August 9, 1985 Grading In general, the size and height of proposed berming around the site perimeter h a s increased between five to thirteen feet in height, while at the same time, adjace n t buildings have been lowered between five to fifteen feet. For example, th e n e t effect of this grade change on Building #7 would be a berm of at least 29 feet ab o v e the first floor elevation. Buildings #6 and #8 in the center portion of southern site are approximately ten feet lower than the original plan. On the northern half of the site, Building #4 sits behind a 13-foot high berm on t h e northeast corner of the site, and Building #1 is buffered by two berms near Ander s o n . Lakes Parkway that are five feet above the floor elevation opposite the'end o f t h e building. Landscaping For a project of this size, the Code would require the provision of 1,952 cali p e r inches. A total of 2,055 caliper inches are provided. Utilities The previous plan indicated a storm sewer line running through the scenic ease m e n t which Staff expected would cut a 50-foot wide path and result in the destructio n o f a great number of trees. The storm water run-off plan has been revised to di r e c t all storm water run-off towards Anderson Lakes Parkway, which has an outlet into Purgatory Creek. Instead of the overland swale from the northern-most poin t o f Research Road, a storm sewer pipe connection should be made between Research R o a d and the catch basins in the parking lot. Preliminary Plat The preliminary plat needs to modified to combine Outlot B and C into one lot, s i n c e specific development plans for either of the lots is not known at this time. Overview Road is proposed to be dedicated as a 60-foot right-of-way for future access to the Carmody property to the north, and would be constructed at a lat e r date when Carmody chooses to develop in the future. The developer understands that they will be responsible for bonding for the complete cost of road construction and extension of all utilities to the northern-most property limits. The lo c a t i o n o f right-of-way for Overview Road creates an Outlot A. Staff is concerned about the possibility of this outlot becoming tax forfeit and a liability to the City i n t e r m s of maintenance. The developer should provide documentation that indic a t e s t h a t Outlot A would he incorporated into common area to be maintained as pa r t o f t h e apartment complex. Pedestrian Systems • A five-foot wide concrete sidewalk should be constructed on both sides of G a r d e n Lane. In addition, a five-foot wide concrete sidewalk and an eight-foo t w i d e bituminous trail should be constructed on either side of Research Road. T h e s i t e plan indicates a five-foot wide concrete sidewalk on the south side of Gard e n L a n e only. The site plan should be modified to include a five-foot wide co n c r e t e sidewalk on the north side of the road, as well as a five-foot wide c o n c r e t e s iricria it and an eight-foot wide bituminous trail along either side of Resear c h R o a d . Eden Place Apartments 4 August 9, 1985 There should be internal, private, five-foot w i d e c o n c r e t e s i d e w a l k s , c o n n e c t i n g recreational spaces and buildings, to the sidew a l k a n d t r a i l s y s t e m s p r o p o s e d o n t h e site perimeter. STAFF RECOMENDATIONS Staff would recommend approval of the request f o r Z o n i n g D i s t r i c t C h a n g e f r o m R u r a l to RM-2.5 on 32.8 acres, Preliminary Plat o f 5 0 . 6 4 a c r e s i n t o t w o l o t s a n d r o a d right-of-way, and a finding of no signific a n t i m p a c t f o r t h e E n v i r o n m e n t a l • Assessment Worksheet, subject to the rec o m m e n d a t i o n s o f t h e S t a f f R e p o r t d a t e d August 9, 1985, and July 5, 1985, based on rev i s e d p l a n s d a t e d A u g u s t 2 , 1 9 8 5 , a n d August 5, 1985, and subject to the following co n d i t i o n s : 1. Prior to Council review, proponent shall: A. Modify the site plan to remove all parking area s f r o m t h e f r o n t y a r d setback along Garden Lane and relocate elsewhe r e o n - s i t e . B. Modify the site plan to indicate five-foot co n c r e t e s i d e w a l k s o n both sides of Garden Lane, and a five-foot wi d e c o n c r e t e s i d e w a l k and an eight-foot wide bituminous trail on eit h e r s i d e o f R e s e a r c h Road. In addition, provide for an internal fiv e - f o o t w i d e c o n c r e t e sidewalk, pedestrian systems between the re c r e a t i o n a l a r e a s a n d buildings to the external sidewalk and trail sy s t e m s . C. Provide color samples of exterior materials fo r r e v i e w . D. Eliminate the open. swab e connection between Research Road and the catch basins in the northern parking area an d r e p l a c e w i t h a s t o r m sewer pipe. 2. Prior to Final plat, proponent shall: A. Dedicate appropriate right-of-way as determined b y t h e C i t y Engineer. B. Submit detailed storm water run-off and ero s i o n c o n t r o l p l a n s f o r review by the Watershed District. C. Submit detailed storm water run-off, erosion c o n t r o l , a n d u t i l i t y plans, for review by the City Engineer. D. Meet with the Engineering Department to fina l i z e t h e a l i g n m e n t o f Research Road and dedicate the appropriate .am o u n t o f r i g h t - o f - w a y a s determined by the City Engineer. 3. Prior to Building permit issuance, proponent sh a l l : A. Stake the proposed construction limits ad j a c e n t t o t h e s c e n i c easement area with a snow fence. B. Dedicate land area within the scenic easement t o t h e C i t y . Eden Place Apartments 5 August 9, 1985 C. Notify the City and Watershed District at least 48 hours in advance of grading on the site. D. Pay the appropriate Cash Park Fee. E. Submit an overall lighting plan with details for review. E. Provide an overall signage plan with details for review. ...,....t6.44C ..T .S,:-.:11.:. w •shiC,-.7.', .:- , 0;-e -hi PROPOSED SITE r-^" !I it, r."` r. 4 t • • STAFF REPORT TO: Fum: DATE: PROJECT: LOCATION: APPLICANT: FEE OWNER: REQUEST: Planning Comnission Michael D. Franzen, Senior Planner Chris Enger, Director of Planning July 5, 1985 Eden Place Apartments West of Highway #169, North of future Anderson Lakes P a r k w a y Tipton Corporation Northrup King 1. Zoning District Change from Rural to RM-2.5 on 32.8 a c r e s for the construction of four, 125-unit apartment buil d i n g s . 2. Preliminary Plat of 50.64 acres into two lots, two ou t l o t s , and road right-of-way. 3. Review of an Environmental Assessment Worksheet. Summary Staff initially met with the proponent in April to review a concept plan for four, 125-unit apartment buildings on the areas of the Northrup King site guided for High Density Residential. Staff's initial reaction to the project was that the buildings were massive and repetitious and it was suggested that the proponent loo!: at alter- native ways of developing the site. At that time, Staff suggested the following methods be explored to counteract huilding mass and create variety: 1) smaller buildings (could be more, smallor buildings, less units, or shorter, tallor buildings); ?) buildings with stag- :I:Ted root lines and building fronts; 3) special application of building materials to add visual interest; and, 4) substantial herming and heavy landscaping. Staff also gave Eden Place Apartments 2 July 5, 1985 the proponent the plan of Parkway Apartments, which Staff felt was a good example of dealing with building mass. The proponents responded that they were unable to make changes in the building itself, since it was a prototypical building, but would, however, be able to demonstrate that their approach to landscaping would more than .satisfy City landscaping requirements and concerns about building mass. The landscape plan does not work successfully to break up the views of the overall building mass. The landscape plan only meet the minimum Ordinance requirements and trees will have to be installed at the maximum heights indicated. Proposed screening relies heavily on mature growth plantings and off-site deciduous trees which works best during the Summer; however, for one-half of the year, no leaves .would be on the trees. The intent of the landscape ordinance is to provide a level of landscaping to create an attractive site and to screen parking and loading areas. The Ordinance was not developed to be relied on as the only tool to deal with building mass. Our experience from other projects indicates that berming and landscaping will have to be increased considerably in conjunction with architectural changes in building mass and variety. Attachments B, C, and D, suggest ways to reduce the overall building mass. Staff feels that these architectural changes in conjunction with substantial berming and landscaping would make this a better project. The number of units proposed on this site is consistent with the Comprehensive Guide Plan, with a density of 15.25 du/acre. Twenty to forty units per acre are allowed in the High Density Residential area and up to ten units per acre in the Medium Density Residential area. The maximum allowed in the RM-2.5 District is 17.4 units per acre. The site is designated for 15 acres of Medium Density Residential, and 15 acres of High Density Residential. High Density Residential land uses in this location can take advantage of the proximity to adjacent open space and services in the Major Center Area. The unresolved issue is how the buildings are designed and placed on the site. Staff feels that substantial changes in architecture, building mass, and landscaping are warranted. Background This site is part of the 177-acre Comprehensive Guide Plan Change, approved by the City Council. (See Attachment C) Land uses abutting the Northrup King site are High Density Residential to the north, Low Density Residential to the east across Highway fl.69, the Vo-Tech School to the south, and the Centex residential area to the west. Site Plan The site pThn involve; the construction of 500 apartment units (Four buildings, 125 units). The site is being developed at an overall density of 15.25 units per acre, based noon 32.79 acres of Luid, which includes half of . the right-of-way for Uvergreen Stre,,t and the scenic easement in the northwest corner of the site. The net density, e\cluding the scenic easment (apprmimately two acres) would be 16.16 units per acre. For M-2.5 zoning, the Code v,ould allo4 up to 17.4 units per acre. Building Jnd parking areas meet minimum sethack requirements for RM-7.5 ming. A total of 1,009 parl:in9 spaces are provided on-site, with 510 spaces provided. as Eden Place Apartments 3 July 5, 1985 underground parking. The use of underground parking on t h i s s i t e p r o v i d e s f o r m o r e open space than if at-grade detached garages were used. S i n c e t h e p r o j e c t i n v o l v e s In excess of 1000 parking spaces, an indirect source per m i t w i l l b e r e q u i r e d b y t h e . Pollution Control Agency (PCA). Access Primary access to this site will be from Highway #169 and An d e r s o n L a k e s P a r k w a y . Two additional streets will be constructed concurrent wi t h t h i s p r o j e c t , G a r d e n Lane, and Evergreen Street. Evergreen Street is envisi o n e d a s . a n o r t h / s o u t h collector street (see Attachment E) between Anderson Lak e s P a r k w a y a n d P r a i r i e Center Drive. The north/south collector street is importa n t s i n c e a c c e s s w i l l b e limited on Highway #169, and since High Density Resident i a l , O f f i c e , a n d C o m m e r c i a l uses are envisioned on the Comprehensive Guide Plan adj a c e n t t o H i g h w a y # 1 6 9 , between Anderson Lakes Parkway and Prairie Center Drive. Th e a l i g n m e n t o f E v e r g r e e n Street, as it approaches the northern property limits, ma y h a v e t o b e r e l o c a t e d closer to Highway #169 due to the topography of the Chern e s i t e t o t h e n o r t h , w h i c h has a flatter area closer to Highway #169, and steeper slop e s n e a r t h e f l o o d p l a i n . Since the exact alignment of the north/south collector st r e e t , a c r o s s t h e C h e r n e piece, is not known at this time, a condition of final p l a t a p p r o v a l s h o u l d b e dedication of right-of-way, where necessary, as determine d b y t h e C i t y E n g i n e e r . Staff expects that either additional right-of-way, or c h a n g e i n r i g h t - o f - w a y location, will most likely impact Outlot A, rather than Lot 1 , B l o c k 1 , o f t h e E d e n Place Apartment project. Driveway access between the north and south apartment s i t e s s h o u l d b e a l i g n e d t o provide better visibility and present less turning movemen t c o n f l i c t s a l o n g G a r d e n Lane. The nearest driveway entrance to Anderson Lakes Par k w a y i s a p p r o x i m a t e l y 3 0 0 feet away. The nearest driveway entrance to Evergreen S t r e e t i s 1 5 0 f e e t a w a y . Staff feels that both of these distances are acceptable. Preliminary Plat The preliminary plat proposes Outlots A and B, which are b o t h 8 . 3 7 n e t a c r e s o u t s i d e of right-of-way for Evergreen Street. Since no specific d e v e l o p m e n t p l a n s a r e envisioned at this time for either outlet, Outlots A and B should be combined in t o one lot. The Comprehensive Guide Plan designation for the property east of Evergreen Street showed approximately 13 to 15 acres as an Office designation, and four to six acres for Commercial designation. The Comaercial designation was envisioned as a neighborhood center and should not exceed four acres in size. Right-of-way must also he dedicated for Anderson Lakes Partway. Architecture Four, three-story, 125-unit apartment buildings, are p r o p o s e d t o b e c o n s t r u c t e d o n this site, with wood siding, glass, and brick ven e e r , a s t h e p r i m a r y b u i l d i n g materials. The application of the wood siding over the upper on e - t h i r d o f t h e 'building, mihasizes the long and linear natur e o f t h e b u i l d i n g . A b e t t e r treatment, which would add visual interest, and soae w h a t h e l p b r e a k u p t h e l i n e a r i t y of !he building, would be to jog the brick verti c a l l y i n a m a n n e r s i m i l a r t o AttacHant P. This application of brick would empha s i z e t h e d o r m e r s and help give the project a better residential scale. In addition, detai l i n g a r o u n d t h e w i n d o w s , Eden Place Apartments 4 July 5, 1985 such as a different textural pattern of the brick, using a stacked bond, as opposed to a running bond, or a vertical, as opposed to a horizontal application of the brick, can add visual interest. The typical floor plan of the Eden Place Apartments is in a letter "Y" configuration. The wide angle view of the building is 430 feet on all sides. This compares to the wide angle view of the Edenvale Apartments, which is 330 feet at the short end, and 440 feet at its widest point. The wide angle view of the Parkway Apartments, recently approved by the City Council, is 200 feet at the short end, to 280 feet wide at its widest point. Since there are four buildings proposed on-site, there will be twelve wide angle views comparable in length to the Edenvale Apartments. Architectural modifications (see Attachment B and C) are necessary to help break up this view, such as shorter but taller buildings, or buildings with more significant jogs. Color can play an important element, considering the size of the buildings. Staff would suggest colors in the medium to darker brown brick, as opposed to a light a brown brick. The proponent should provide color samples of the exterior materials for review prior to building permit issuance. Landscaping The amount and size of plantings is not adequate enough to break up the views of the building mass. Section lines rely on mature growth plantings or off-site deciduous vegetation for screening. This means that there will be gaps in the plantings for some time period, and no foliage on the deciduous trees for half of the year. Attachment A indicates areas where substantial berming and heavy landscaping should occur on the property. The proposed landscape plan indicates a range of 1,407 to 1,952 caliper inches. Since the Ordinance requirement is 1,950 caliper inches, the size of proposed plant materials will have to be on the high side, moaning that deciduous trees will be at 6, and 10 inches in diameter. And coniferous trees will be at heights of 12 feet, 17 feet, and 25 feet. Or The natural topography of this site is relatively level to gently rolling, with a high point at about elevation n94 in the southeast corner of the site. Proposed regrading will require cut areas up to 25 feet, along the southern portion of Evergreen Street, south of Garden Lane, and up to 10 feet of cut for proposed Building 1. Although the amount of cut might be considered as excessive, the hill on the Evergreen Street right-of-way has to he cut in order to accogmodate the proposed road grades and the proposed cut for Building 1 will not disturb any significant natural vegetation. Grade changes can be an effective tool in helping to reduce the overall building Mass. There is the opportunity 0 lower the elevation of Building 4, up to nine fret. Other buildin:es, could he lowered up to three feet; however, the visual impact would not he apparent. Utilities ...... Sewer and water service can be provided to this site by connection to existing Eden Place Apartments 5 July 5, 1985 sanitary sewer and water lines in Anderson Lakes Parkway. The majority of storm water run-off will flow in a southwesterly direction towards . Anderson Lakes Parkway and Purgatory Creek. Water is proposed to sheet drain across the parking areas into a series of catch basins proposed in Evergreen Street and Garden Lane. A portion of the storm water run-off, flowing north on Evergreen Street, will have to be directed towards Purgatory Creek through a series of storm sewer lines along the north property line, since there is a capacity problem with the existing storm water outlets south of Anderson Lakes Parkway, adjacent to Purgatory Creek. The proposed alignment of the storm sewer line will be through a heavily wooded, steeply sloped, preservation area, adjacent to Purgatory Creek. This will result in the loss of a significant amount of vegetation, since'up to 50 feet is typically required in order to cut a path to lay the storm sewer pipe. It will be necessary that the proponents provide a detailed tree inventory within the preservation area in order to identify the most appropriate route with the least amount of damage to plant materials. It may be more appropriate for the proponents to talk with the City Engineer to check into the possibilities of draining the storm water run-off north on Evergreen Street, onto the Cherne site, to connect with future to the proposed drainage systems. Sidewalks AndersonLakes Parkway, when completed, will have an eight-foot bituminous pathway on the north side of the road, and a five-foot concrete sidewalk on the south side. Considering the density of the apartment sites, it would be appropriate to require five-foot wide concrete sidewalks along both sides of Garden Lane. An eight-foot wide bituminous trail should be constructed along the west side of Evergreen Street and a five-foot wide concrete sidewalk constructed on the east side of the roadway. There should also be internal private sidewalk connections between the units and sidewalks and trails constructed within road right-of-way. This internal pedestrian system should also link the outdoor activities to the buildings. Lighting and Signage The proponent should submit an overall lighting and signage program for review, prior to building permit issuance. Traffic The traffic study presented with the Northrup King Guide Plan Change indicates a total of 2,835 to 3,843 daily trips based on 473 to 630 units. Total daily trips from the Upton site based on 500 units would be 3,050. STAFF RFC(r.,![NDATIONS Although Staff is ce.lfortahle with the number of units proposed, and the concept of High Ponsify tlesidential land use; in this location, because of the proximity to reGreational uses and comilorcial services in the Paler Center Area, changes are nece s sary in the devHopal;,nt plaas to hip break up the views of the overall massive appearance or the apartoent project. Staff would recalTend the development plans be 'elocued to the proponent for revisions, based on the following guidelines: 1. A revi;d sito plan, with !aaallor build;na-. (more, shorter buildings, less units, taller, shorter buildings, or a ccwhination.thereof). Eden Place Apartments 6 July 5, 1985 2. Revised architectural plans, which provide for a staggering of the exterior of the building to break up the long and linear wide angle view. 3. A different application of brick to counteract the long and linear nature of the building as indicated on Attachment D. 4. A revised landscape plan, with heavy landscaping, and maximum berm heights possible. 5. A revised site plan, with five-foot wide concrete sidewalks on both sides of Darden Lane, and an eight-foot wide bituminous path, and a five-foot wide concrete sidewalk along Evergreen Street, and an internal pedestrian system of five-foot concrete sidewalks, linking buildings, open space, and recreational amenities to the trail system proposed in road right-of-way. 6. Modification of the preliminary plat consolidating Outlot A and B into one outlot. 1 I ....._............:1,_<.-!_\____ ---V-: ,,,..---•1 n13.7.7. 3 ;7_7:1 9 _ :Z.1.,:..,.,..s_:,...14.--t.................. ...... fr.......,. ....._....... , % . ,.. ...". }—.1' L...•.1...,,,._7,:i.:„..„...E.„,._.-... r --------------2-----.. _ __ . 1.---r-I--/ , n .‘ is 3:1.1'11U49- LALTI n ATTALlirlail - A r B B ' COMMUNITY RM. FIRST FL11.--, MECHANICAL SECOND EXERCISE RM. THIRD FLR. ELEVATOR C LORDS FIRST FLOOR — U UNITS SECOND & THIRD FIRS. TYPICAL FLOOR PLAN 5',00U 6:11, TOTAL - 1513,000 GSF / BUILDING A UNITS: ONE BEDROOM B UNITS: TWO BEDROOMS TOTAL UNITS PER BLDG.= 125 ELEVATOR B ELEVATOR A 6MALI-LcR) DUIL)IL 66 AT1A(11 Nan e) TYPICAL SIDE ELEVATION YSEK 10K rIATEKIAL Aimatrirmr 17 A UNITS: ONE BEDROOM B UNIT'S: TWO BEDROOMS TOTAL UNITS PER BLDG.= 125 ELEVATOR C ELEVATOR 8 ELEVATOR A TYPICAL FLOOR PLAN 52,000 G5F 1 : 50-0 1-01A1... 156,000 GSF / BUILDING COMMUNITY RM. FIRST FLR.Th MECHANICAL SECOND EXERCISE RM. THIRD FIR. LOODY FIRST FLOOR -- II UNITS SECOND & THIRD F bUILDIM6 J0(26 ATTA 11 a C Fr ()V f:C) bUIPLI 171,AL c bi Vs—T' I- _ qr?* '01n1111.12.1 17-7 CV's .114n••n10 :•82_ s.• IP• ri el • , LIZ rI Mr*. 030 "# 021DS • -.:,,..syFis-Ly9a,-2.t,9,--%- 1-1,PZ-19 - I os011• IT)gt.1W7VJJ.V C21_7]-1-107 UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION Monday, August 19, 1985 COMMISSION MEMBERS PRESENT: COMMISSION MEMBERS ABSENT: COMMISSION STAFF: OTHERS PRESENT: 7:30 p.m., School Admin. Bldg. Room 5 Marty Jesscn, chairperson; Raiford Baker (late), Pat Breitenstein, Moe Cook, Gary Conyea, Jerry Kingrey, Charles Shaw None Bob Lambert, Director of Community Services Chuck Pappas, Superintendent of Recreation I. ROLL CALL The meeting was called to order at 7:30 p.m. by chairperson, Marty Jessen. II. APPROVAL OF AGENDA MOTION: Breitenstein moved to approve the agenda as published. Gonyea seconded the motion and it carried 5-0. III. APPROVAL OF MINUTES OF AUGUST 5, 1985 Shaw asked that the word "reinvest" on Page 6, Paragraph 8, be changed to "invest". MOTION: A motion was made by Shaw to approve the minutes as amended. Breitenstein seconded the motion and it carried 3-0. Gonyea and Cook abstained. IV. PETITIONS, REQUESTS AND COMMUNICATIONS None V. DEVElorErNT PROPOSALS A. Eden Place Apartments Refer to staff report dated August 9, 1985 and memo dated August 13, 1985 from Bob Lambert, Director of Community Services. Lambert introduced Mike Sjeklocha, President of the Tipton Corporation cho vas present at the meeting to reyiew the proposed Eden Mee Apartments. UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION Aug. 19, 1985 Sjeklocha reviewed the site which is located north of Anderson Lakes Parkway on the old Northrup King site. Eight apartment buildings with a total of 496 units arc proposed. There will be two different building types -- one U-shaped and the other L- shaped. The apartments will be large and include all major appliances. There will be underground parking and the rent structure will range from approximately $500 for a one bedroom to $600 for a two bedroom apartment. Sjeklocha said the average . age of residents will be 42 with an average income of $45,000. The development will include both family clusters and adults only clusters. Sjeklocha showed site plans of the Eden Place Apartments at this time. Kingrey said that he is surprised at the average age of residents and asked how the developer came up with the age of 42. Sjeklocha said they have a similar development in Plymouth and he feels Eden Prairie will generally the same. Lambert said that the Parks and Recreation Commission has four major areas of concern. The first concern is the Purgatory Creek Recreation Area trail and scenic preservation of the creek. Staff recommended dedicating the land areas within the scenic easement to the City via a warranty deed. The second concern is the pedestrian and bicycle trail system. Staff recommends a 5' sidewalk on both sides of Carden Lane, a 5' sidewalk and 8' trail on both sides of Research Road and 5' sidewalks on both sides of Overview Road. Lambert feels that this development will house over 1,000 people and there will be a great deal of pedestrian movement. The third concern is internal recreation facilities. Lambert said this subject has not been discussed in detail with the developer, but that the adult section vii] not require totlots. The final area of concern is the impact on the Purgatory Creek Recreation Area plan. Lambert feels the residents in this development will increase the pressnre for development of the Purgatory Creek Recreation Area. Sjeklocha said that they have also purchased two additional parcels from Northrup King. Development of these two parcels will begin in the very near future. The 17 acres along Purgatory Creek which is proposed to be residential should he started within two months and the other parcel which will be commercial should be started within six months. Kingroy said he would like Lambert to discuss dip 42 year age averaie or residents in this development. Lambert replied that altheNh this is the first time ho has heard this, ho is not sucprised by it. novoccr, this doos not change his opinion about needing additional rectcation fdcilities nedu this development hec.on:e at the distance to neir:bbo:•in:; pdrk!:. 110 feels the development will speed up the schedule for completion of the Purgatoly Crolt itecteation Area. UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION Aug. 19, 1985 Kingrey asked which side of the street sidewalks and trails would be located. Lambert said they would be on both sides of Carden Lane and Overview Road and there would be a sidewalk on the west side of Research Road and a trail on the east. Kingrey asked why it is necessary to have them located on both sides. Lambert said that there will be people living on both sides of the street. Se asked what the developer's feelings are on this matter. Sjeklocha said that sidewalks and trails are usually put on both sides of the street for the reason Lambert has mentioned and he also feels that it is safer not to have people crossing all the time. At this time, Sjeklocha introduced Steve Young from Young and Wills Architects. Cook asked where the scenic easement is located. Lambert said it is located west of Overview Road. Young showed its location on the site plan. Cook said that he has some concern with the amount of grading that will have to be done on the site and the runoff that will result. Sjeklocha said he is also concerned about this, but feels it will not be a problem since most of the construction will be during the winter and the runoff will remain away from the creek. Sjeklotha added that this project will not be phased, but will be completed simultaneously. MOTION: Cook moved to recommend approval of the Eden Place Apartments per staff report with the provision that a totlot be provided in the designated family section. Shaw seconded the motion and it passed 6-0. MEMMANDUM TO: FROM: DATE: SUBJECT: Parks, Recreation and Natural Resources Commission Bob Lambert, Director Of Community Services August 13, 1985 Supplementary Staff Report to the August 9, 1985 Planning Staff Report Regarding Eden Place Apartment Attached to this memo is an August 9th memo from the Planning Staff rega r d i n g the Eden Place Apartments proposal by Tipton Corporation. This proposa l i s a request for zoning change from Rural to RM2.5 on 32.8 acres for t h e construction of eight 62 unit apartments, and the preliminary plat of 5 0 . 6 4 acres into two lots, two outlots and road right-of-way. This item was approved by the Planning Commission on August 12, 1985 a s p e r the August 9th Planning Staff Report. The major Parks, Recreation and Natural Resources -Commission concerns regarding this plat are as follows: .1. Purgatory Creek trail and scenic preservation of the creek corridor. 2. Pedestrian and bicycle trail systems to provide safe access to neighborhood parks and community recreation facilities serving th i s development. 3. Internal recreation facilities. 4. The impact of this development on the Purgatory Creek Recreation Area regarding road systems and pedestrian systems. PURCATORY CREEK RECREATION AREA TRAIL AND SCENIC PRESERVATION or THE CREEK CORRIDOR The Planning Staff Report recommends dedicating the land area within t h e scenic easement to the City of Eden Prairie. It should be clarified th a t t h i s land area should he dedicated via a warranty deed and the scenic ea s e m e n t should only be described over the wooded slope on the east side of the h i l l , as the west side of the creek will be developed as the pedestrian/bicycle trail corridor. plcutr 'WAIL SYSTEM The Planning Staff report recommends a 5 concrete sidewalk along both sides of Gardon Lane an] 5' concrete sikvalk and an 8' wide biticninous trail along either side of Reearch Road. The Community Servi,J:s Staff would concur wi t h these rettrian trail locations with the addition of 5' concrete si d e w a l k s on both sid ,-; of Overview road. Ihis 49ti unit apartiest developawnt will house 0411 over 1,00D people within a 3? acre silo. Ihe City should anticipaL! a 9roJt ma1 of pedustrian movewnt alon,j all of the streets serving this develop...lent. C) 1 INTERNAL RECREATION FACILITIES The proposed development depicts a very good internal pedestrian trail s y s t e m providing access to a tennis court and swimming pool on the complex s o u t h o f Garden Lane, and two tennis courts and a swimming pool serving the co m p l e x north of Garden Lane. These recreation amenities, along with the relatively direct bicyc l e a n d pedestrian access to Staring Lake Park on the south and the Purgatory C r e e k Recreation Area to the north, should adequately serve the adult populatio n o f this facility. Staff would expect the majority of the residents resid i n g a t this site to be adults; however, there will also be a significant num b e r o f children living at the Eden Place Apartments. The nearest parks pro v i d i n g -recreation facilities for children are Red Rock Park, located approxim a t e l y one-half mile to the east and Staring Lake Park approximately one-half m i l e t o the south. Due to distance of these parks from this high density develo p m e n t , staff would recommend the City require development of totlot play a r e a s t o serve these residents. Staff would recommend one structure located so u t h o f the two tennis courts, north of Garden Lane, and another structure no r t h o f the tennis court and pool in the southern part of the development. T h e s e totlot. structures should be in compliance to the City ordinance reg a r d i n g mini-Park development. 'IMPACT ON THE PURGATORY CREEK RECREATION AREA PLAN This plan has three major impacts on the Purgatory Creek Recreation Area P l a n , the first being City acquisition of the creek corridor connectin g t h e Purgatory Creek Recreation Area to Staring Lake Park; the second bei n g t h e development of road systems that will ultimately provide access t o t h e southern portion of the Purgatory Creek Recreation Area, and the final i m p a c t on the Purgatory Creek Recreation Area is the development of this high d e n s i t y area providing an additional 1,000 plus residents living in very c l o s e proximity to the Purgatory Creek Recreation Area. These resident s w i l l increase the pressure for development of the Purgatory Creek Recreation A r e a as this site is developed. Attached to this memo is a schematic plan depicting the extension of Res e a r c h Road paralleling Flying Cloud Drive and a loop road concept of the Ove r v i e w Road. This map should help provide a perspective of how the road systems might serve the Purgatory Creek Recreation Area as they are extended in the future. The Comunity Services Department recommends approval of the request fo r zoning district change from Rural to RM.2.5 on 32.8 acres, preliminary p l a t o f 50.64 acres into two lots and road right-of-way and the finding o f n o significant impact for the Environmental Assessment Worksheet, subject t o t h e reconendations of the staff report dated August 9, 1935 and the supplem e n t a r y Community Services Staff Report dated August 13, 1935. BL:md _•-.-; . •. • • tz;-..,..a•$•. Ceelpirs •.• • v, • ; • I . • — •••••,•••••nJ.. • WeSt V, • .) /;/-{C CAgri::01. • -le ities / • 11.0o•, Matto,. 1/1 57\r' r:Th n • . *•• Fcicn Pr21r. , ; NoRTHIWPKIU nit•co id/FIC•o Planning Comnission Minutes 5 August 12, 1985 A. EDEN PLACE APARTMENTS, by Tipton Corporation. Request for Zoning District Change from Rural to RM-2.5 on 32.8 acres, Preliminary Plat of 50.64 acres into two lots, two outlots, and road right-of-way, and Environmental Assessment Worksheet for construction of 496 apartment units. Location: West of Highway #169, North of Research Road, and East of Purgatory Creek. A continued public hearing. This item was continued by the Commission from its July 8, 1985, meeting in order to allow proponent opportunity to mitigate concerns of the Commission regarding screening and building mass. Mr. Steve Young, architect for proponents, reviewed the changes which had been made to the plans since the Planning Commission meeting of July 8, 1985. These changes included: pulling buildings back further from the Intersections; setting the buildings lower on the property; adding two-story elements to the structures; breaking up of the roofing mass; the use of eight, 62-unit structures, instead of four large structures; and, reorientation of buildings on the north end of the-project by at least 90 degrees to avoid the long, linear view of the structures from the north. Mr. Mike Sjeklocha, proponent, stated that one of his concerns was that the construction of eight smaller buildings, versus four larger buildings, would be more costly from the construction point of view. He stated that, after his staff had reviewed the costs of building by both methods, he discovered that there was no appreciable increase in the cost of building more smaller buildings rather than four large buildings. Planner Franzen reviewed the findings and recounendations of the Staff Report dated August 9, 1985. Hallett asked whether the property owner to the north was aware of the connections for the road system through this area and the potential impacts on that property. Planner Enger stated that the property owner to the north had been involved in discussions regarding the road alignment in this area and was aware of the connections proposed. Hallett asked if there would be much tree removal from the site. Planner Fraven responded that there would be very little, if any, tree removal. He stated that the majority of the trees were located within the scenic easements on the property. Marhula stated that he felt proponents had responded well with the concerns of the Planning Commission. Chairman Schuck concurred. Bye stated that. her only remaining concern was that of the security of the renters along the internal pedestrian system of the project, particularly at ni9ht. She too, agreed with MArhula that proponents had responded well to the concerns of the Comission. Chairman Schuck asked for coments and questions from members of the audience. There mere nonn. // Planning Commission Minutes 6 August 12, 1985 MOTION 1: Motion was made by Marhula, seconded by Johannes, to close the public hearing. Motion carried--6-0-0 MOTION 2: Motion was made by Marhula, seconded by Johannes, to reco m m e n d t o t h e C i t y Council approval of the request of Tipton Corporation fo r Z o n i n g D i s t r i c t Change from Rural to RM-2.5 for 32.8 acres for construction o f 4 9 6 a p a r t m e n t units to be known as Eden Place Apartments, based on revis e d p l a n s d a t e d August 7, 1985, and subject to the recommendations of t h e S t a f f R e p o r t s dated July 5, and August 9, 1985. • Motion carried--6-0-0 MOTION 3: Motion was made by Marhula, seconded by Johannes, to recommend to the City Council approval of the request of Tipton Corporation for P r e l i m i n a r y P l a t of 50.64 acres into two lots, two outlots, and road ri g h t - o f - w a y f o r construction of 496 apartment units to be known as Eden Pla c e A p a r t m e n t s , based on revised plans dated August 7, 1985, subject to the r e c o m m e n d a t i o n s of the Staff Reports dated July 5, and August 9, 1985. Motion carried--6-0-0 MOTION 4: Motion was made by Marhula, seconded by Johannes, to recom m e n d t o t h e C i t y Council a finding of no significant impact for the Environm e n t a l A s s e s s m e n t for the Eden Place Apartments development by Tipton Corporat i o n . Motion carried--6-0-0 MINUTES EDEN PRAIRIE PLANNING COMMISSION Monday, July 8, 1985 School Board Meeting Room 7:30 p.m. MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: Chairman Ed Schuck, Julianne Bye, Virginia Gartner, Stan Johannes, Dennis Marhula Christine Dodge, Robert Hallett Chris Enger, Director of Planning; Michael Franzen, Senior Planner; Kate Karnas, Administrative Assistant Pledge of Allegiance--Roll Call I. APPROVAL OF AGENDA MOTION: Motion was made by Gartner, seconded by Bye, to adopt the agenda as printed. Motion carried--5-0-0 II. MEMBERS REPORTS None. III. MINUTES MOTION: Motion was made by Marhula, seconded by Gartner, to adopt the minutes of the June 10, 1985, Planning Commission meeting as written. Motion carried--4-0-1 (Johannes abstained) MOTION: Motion was made by Marhula, seconded by Gartner, to adopt the minutes of the Juno 24, 1935, Planning Commission meeting as written. Motion carried--3-0.2 (Chairman Schuck and Bye abstained) 1V. DEVELOPMENT PROPOSALS A. EDEN PLACE APAR1MENTS, by Tipton Corporation. Request for Zoning District Ehmige from Rural to RM-2.5 on 32.8 acres, Preliminary Plat of 50.64 acres into two lots, two outlots, and road right-of-way, and Environmental Assessment Worksheet Review for construction of four, 125-unit apartment buildings. Planning Comnission Minutes 2 July 8, 1985 Mr. Mike Sjeklocha, Tipton Corporation, stated that proponents had tried to hold a neighborhood meeting with surrounding residents, sending a letter to potentially affected individuals in the area. He noted that only one person attended the meeting from the Surrounding area. Mr. Sjeklocha stated that the proponents had no difficulties with the landscaping changes recomnended by Staff. He noted that the average berm height along Anderson Lakes Parkway would be 10 ft. above the elevation of the road and that the buildings would were located at an elevation lower than that of Anderson Lakes Parkway, making the buildings appear to be only 18 ft. in height from Anderson Lakes Parkway. Regarding the suggestion of Staff that the buildings were too massive and could possibly be split into more, smaller structures, Mr. Sjeklocha stated that the smaller buildings would require the hard-surfacing of an additional 2-21/4 acres of property. He stated that this suggestion also presented philosophical problems for him, in that he was concerned about the image of the buildings from the point of view of the tenants. He stated that he would prefer that tenants not have to view parking lots and streets, nor -look across the courtyards into each others windows. Mr. Sjeklocha stated that the building would likely not be visible from many of the adjacent uses to the east, south, and west; however, from the north, around the Edenvale Planned Unit Development, the site would be visible. He stated that, because of the distance between the projects, a difference of two small, versus one large, building, would be difficult to discern for most people. Regarding unit square footage, Mr. Sjeklocha stated that the units would be 900, 1,085, and 1,280 square feet. Planner Franzen reviewed the findings and recommendations of the Staff Report of July 5, 1985. He stated that during the review process, proponents had prepared revised plans, which seemed to depend heavily upon landscaping for effective screening of the parking areas from the public roads and to scale down the buildings. Planner Franzen stated that Staff was unsure that the landscaping changes, alone, would be adequate to meet ordinance requirements for this project. It was pointed out that the Staff Report had offered other alternatives for making changes, in addition to landscaping, including jogging of the structures, shorter length to the structures, taller structures, less density, etc. Planner Franzen noted that the sight lines would be above the existing trees in the area from the north. Chairman Schuck asked how this project compared to the other large apartment buildings in the City. Planner Enger stated that the proponent's project was 430 ft. long at its widest angle, due to the "Y" shape of the structures, which was comparable to other structures of this type in the City. Marhula asked for a comparison of densities with other similar projects. Planner Enger stated that one struLture, located at the northeast corner of Mitchell Road and Valley View Road, had a total of 174 units, with a density Planning Commission Minutes 3 July 8, 1985 of 10 units per acre. Proponent's project was for 500 units, with a density of approximately 15 units per acre, which was still under maximum densities allowed in the City. Planner Eager added that the comparable structure was visible from approximately two miles away in any direction. He reiterated that the use of smaller buildings was not the only method of dealing with the mass of the structures. Mr. Steve Young, architect for proponent, stated that he felt that the smaller buildings were less desirable because of the additional hard- surfacing and he presented a sketch showing the difference. He stated that, if possible, proponents would like to receive a positive recommendation from the Commission, subjec to working out these matters with the Staff. Mr. Sjeklocha stated that the smaller buildings of the Residence Inn project along Highway #169, presented a massive look in his opinion, also, and, again, questioned the advisability of changing the plan in this manner. Mr. Young noted that the jogging of structures presented a problem for the underground parking plans since, by jogging the buildings, some of the underground parking spaces would be too short.to meet Code requirments. Johannes asked about the floor area ratio for the project. Mr. Sjeklocha reported that it was about 0.14, which was within City maximum requirements. Marhula stated that it appeared that the visibility of the project from Anderson Lakes Parkway would be about the same, whether more small buildings were used, or whether four large buildings were used. He stated that he was uncertain that more smaller buildings would be the answer to reducing the massiveness of the structures. He asked if Staff had been able to review the plan with smaller buildings presented by the proponent. Staff responded that they had not seen the alternative plan until the meeting, and had not had an opportunity to review it. Bye stated that she was uncertain that landscaping, alone, would mitigate the massive look of the structures. She pointed out that the 28 ft. high trees proposed would be shorter than the buildings constructed on the project. Johannes asked if jogs in the roof lines of the structures would help mitigate the massive look of the structures. Mr. Young stated that plans could be drawn showing this alternative. Johannes asked if the project would be phased. Mr. Young responded that it would be done all at once. Johannes asked if the project would be a rental project, or turn into condominiums. Mr. Sjeklocha responded that Tipton preferred to rent the units and had no plans for turning the project into a condominium project. Johannes asked if proponents were using private , financing for the development. Mr. Sjeklocha stated that they were. Marhula asked if Staff had seen any plans for the property to the north of this project. Planner Franzen responded that the potential developers of the property to the north had been in to see Staff regarding the possibilities for develep:nont of that property as a combination of 8-, 12-, 16-, and ?4-unit structures. He noted that the property was guided the same as this project, High Density Residential. Planning Comnission Minutes 4 July 8, 1985 Marhula stated that he was more concerned about the visual impact of the structures upon the immediate area, than he was from points farther away. Marhula stated that he felt the visual impact from the street was a matter of concern, with respect to the relationship of the buildings to the road. Mr. Sjeklocha stated that the structures would be 46 ft. high, but would only be visible for the top 18 ft. Marhula asked about the elevation of the area around Anderson Lakes Parkway and Garden Street. Mr. Young responded that it was approximately 850-852, whereas the building elevation shown was 878. He added that the structures could be lowered even more, if the Commission wanted. Mr. Sjeklocha stated that the views from the north would always be the most difficult for this site, but the other areas of visual impact mentioned b y the Commission could be worked out. Mr. Young suggested that the tree line along the north boundary of the property could be replanted to be more substantial. Marhula asked Staff if the suggestions by the proponent were viable in terms of mitigating the massiveness of the project. Planner Enger stated that th e suggestions could solve some of the problems. He stated that he felt th e differences would have to be as large as ten feet in order to have a meaningful impact. He added that one of the advantages of the smalle r buildings was that more than one elevation of the structures was possible , which helped break up the view of the site. Marhula stated that he felt there were views from Anderson Lakes Parkway which were matters of concern and asked proponents if sight lines had been prepared from any of these areas. Proponents responded that none were prepared for this meeting. Marhula stated that he felt the proponents would have to redesign the site with the goal in mind of finding methods of mitigating the visual impact of the structures, whether that meant smaller buildings, jogging the structures, or less density. Mr. Joe Whitney, Tipton Corporation, stated that he felt comparison to the other existing building in town was inappropriate. He pointed out that there were texture, materials, and other differences making this project more desirable. Mr. Whitney stated that he did not feel it was possible to totally screen 500 units. Chairman Schuck stated that he felt the Commission needed a better feel for the project and that additional sight line studies would be in order, perhaps with additional change to the structures, as well. Johannes stated that his preference would be for more smaller buildin g s , with a reduction of the density, if necessary. He stated that his big g e s t concern was the roof lines of the structures and that ha felt the roof lines could be altered to bring down the scale of the buildings. He added that he agreed that, from a distance, the view would not be significantly diffe r e n t from far ay; however, it could be a more interesting view than as currently proposed. Marhula reiterated concern regarding visual impact from the streets in the Planning Commission Minutes 5 July 8, 1985 immediate vicinity. He stated that he felt that, even though high density residential structures were limited in some areas of design, still there should be methods available to mitigate the massiveness of these structures. He added that he was not certain that smaller buildings were the answer and that he felt Staff needed an opportunity to review any amended plans with the proponents prior to further Commission review. Gartner stated that she was not certain about a positive impact from the use of smaller buildings, either. She stated that she felt lowering the elevation of the structures might help, along with alteration of the roof lines. Gartner stated that perhaps the answer would be to reduce the total number of units for the project. Bye concurred with Gartner regarding the impact of smaller buildings. She stated that she would like to see what some of the changes proposed might look like prior to making a decision. Chairman Schuck stated that he felt additional sight lines were necessary, indicating the changes made to the plan and the effectiveness of the changes in terms of mitigating the massiveness of the structures. Mr. Sjeklocha stated that proponents would work with Staff on these changes prior to the next Commission review of the project. Chairman Schuck asked for comments and questions from members of the audience. There were none. MOTION: Motion was made by Gartner, seconded by Bye, to continue this item to the August 12, 1985, Planning Commission meeting to allow proponent the opportunity to revise plans with respect to the concerns of the Commission at the July 8, 1985, Planning Commission meeting and the Staff Report of July 5, 1985. Motion carried--5-0-0 V. OLD BUSINESS Steiner Proyertv--The Oaks Business Center Planner Franzen reported that trees had been cut from the flood plain area of this project and reviewed the action taken by the Staff to have the matter corrected by the developer, including use of a restraining order to stop further grading on the property until a tree replacement plan had been prepared by the developer and approved by the Staff. Staff also obtained a bond covering the tree replacement from the developer to assure compliance. VI. NEW BUSINESS None. ! it CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #85-201 RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PARK AT CITY WEST FOR FINGER ENTERPRISES BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of The Park at City West, for Finger Enterprises, dated May 6, 1985, consisting of approximately 13.5 acres for an apartment complex, 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 3rd day of September, 1985. Gary D. Peterson, Mayor ATTEST: 5(771 D. Frane, City Clerk p: • R , 'e.?.1:V 81-27 ( .:1 PUB f.... . / f / liii A17.17 A LOC,A .oN1 iviAp STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, Senior Planner TilkDOGH: Chris Enger, Director of Planning DATE: August 9, 1985 PROJECT: The Park at City West APPLICANT: Finger Enterprises FEE OWNER: Anderson Development, Inc. LOCATION: North and South of City West Parkway in the City West Development REQUEST: 1. Zoning District Change from Rural to RM-2.5, with variances, on 13.43 acres 2. Preliminary Plat of 9.52 acres into one lot BACKGROUND The project site is part of the 1982 City West Planned Unit Development (PUD) designated for High Density Residential housing. The Comprehen- sive Guide Plan also depicts a High Density Residential designation for between 20-40 units per acre. The site is currently zoned Rural. No new Environmental Assessment Work- sheet will be required, since the project is consistent with the original PUP. The existing site is relatively level, to gently rolling, with pockets of lowland vegetation around the ponds and stands of upland oak vegetation on the higher slopes. The ponds are not designated as flood plain, or shoreland areas. The large pond south of City West Parkway and the pond between Parcel A and C are Department of Natural Resources protected waters. No al- teration of those ponds are proposed. All other ponds are not protected waters. The Park at City West 2 August 9, 1985 Site Plan The site plan involves the construction of six buildings, totalling 288 units, at a gross density of 21.3 units per acre based on 13.5 gross acres. The net density, excluding the ponds, would be 24.4 units per acre, based on 11.8 net acres. Since the RM-2.5 Zoning District allows a maximum of 17.4 units per acre, the proponents •must obtain a variance from the Board of Appeals to allow up to 24.4 units per acre. Building and parking areas meet minimum setbacks required for RM-2.5 Zoning District. Parking is provided at a ratio of two spaces per unit, with 288 covered spaces under the buildings and 288 surface spaces. Access Access to this site will be by driveway off City West Parkway. The driveway entrances are aligned to utilize the four existing median cuts. One additional right-in, right-out access is proposed on the south side of City West Parkway north of Building #4 on Parcel B. The 1982 PUD Concept identified an east-west collector street located along the north property line of Parcel A. The purpose of this road was to provide access to the Honeywell property to the north and the Lazaretti parcel to the east. The road would connect to City West Parkway at the northwestern driveway entrance to Parcel A. Staff and the developer have worked out an agreement whereby access to the Honeywell and Lazaretti parcels would be finalized in the future. Attachment A indicates a future road stub to the Honeywell parcel and a reconfiguration of the parking areas to meet parking requirements. Three alternative alignments have been proposed by the proponents. Staff is most comfortable with Alternative I. Grading Site grading on Parcel A is minimal, with some of the high areas being cut between three to five feet and areas adjacent to the ponds being filled up to seven feet. Regrading will result in slopes of 3/1, or less, with the exception of the 2/1 slope between the southern building and the pond. This slope will require special stabilization, including fiber mat and deep-rooting seed mixtures. In addition, appropriate erosion control fencing will be necessary to minimize siltation in the adjacent pond. Overall site grading on Parcel B can be described as a balance between eight feet of cut and eight feet of fill across the site. Regraded areas are at 3/1, or less, with the exception of a 2/1 slope between the parking area on the north side of the pond and the peel. Proposed grading on Parcel B will require filling of a portion of the pond. Since the proposed filling and grading will remove a significant portion of lowland vegetation adja;:ent to the pond, the regraded portions should, in addition to the standard slope stabilization of fiher mat and deep-rooted seed mixture, also include sinnificant plantings of lowland vegetation to restore the site, as closely as possible, to the original character. Overall site grading on Parcel C can generally he described as the filling of a I owland area on the eastern portion of the parcel, with up to ten feet of fill. This The Park at City West 3 August 9, 1985 lowland area is not a protected water. Compared to the other, larger, ponds with standing water, this low area is not as prominent visually. The low area does serve as part of the drainage for the other ponds north of City West Parkway and it will be required that the developer maintain this drainage pattern by the extension of a storm drainage pipe from the northern property limits to an existing storm sewer line within the Primetech development south and east of the site. Land5capta For a project of this type and size, the Code requires the provision of 910 caliper inches of trees. The landscape plan indicates a total of 1,269 caliper inches. Since 218 caliper inches of oak trees will be lost due to site development, replacement will be required on a caliper-inch-per-caliper-inch basis. This means there would be a total of 1,120 caliper inches required to fulfill the landscaping requirements. Parking areas are proposed to be screened from City West Parkway by shrub plantings. Staff feels that the best way to screen the parking areas is with berming and plantings as a supplement. Within a 35 ft. setback, a berm, up to five feet in height, can be constructed at a 3/1 slope. This, supplemented with proposed mass shrub plantings, should provide adequate screening. Proposed plantings in the City West Parkway median are a supplement to the existing crab trees. Because of the limited amount of space, poor sandy soil conditions, and the lack of an irrigation system, proposed new planting should also be of a crab variety. Plantings along all ponds should be of a lowland vegetation to transition between the edge of the water and the upper areas of the site. Architecture Six, three-story buildings are proposed for the property. There are two primary building types: a 45-unit and a 51-unit structure. The exterior elevations for both building types will be the same. The buildings are proposed to be constructed of face-brick, cedar, and glass. Excluding the glass, Staff estimates that the building is in compliance with the City's policy for 75% face-brick on the exterior elevations. Since the grading plan indicates that portions of the garage area will be visible, exterior building materials should he brick, as well. Overhead door entrances into the underground parking areas, as well as all other doors, should be painted to match the exterior building materials. Prior to building permit issuance, proponent will be required to furnish samples of the exterior materials to be reviewed by Staff. The end elevation of the buildings indicates that the height of the buildings from the first floor level to the peak of the roof is 46.5 ft. RM-2.5 zoning allows a maximum of 45 ft. for height. Proponent must apply for a variance through the Board of Appeals for exceeding height maximum. Staff feels that the additional 1.5 feet in height would not be perceptible. The comions building adjacent to the swimming pool and deck area should continue with the architectural style and building materials of the apartment buildings. Prior te City Couneil review, proponents should submit detailed building plans of the comaons building for review. The Park at City West 4 August 9, 1985 Utilities Sewer and water service can be provided to all b u i l d i n g s b y c o n n e c t i o n t o e x i s t i n g sewer and water lines in City West Parkway. A 3 0 f t . w i d e d r a i n a g e a n d u t i l i t y easement must be vacated on Parcel A in order to allow the sou t h e r n m o s t b u i l d i n g t o be constructed. The purpose of the utility and d r a i n a g e e a s e m e n t a n d t h e s e w e r a n d water lines stubbed at the eastern-most p r o p e r t y l i m i t s w a s t o p r o v i d e a n opportunity for the Lazaretti parcel to be se r v i c e d w i t h p u b l i c u t i l i t i e s i n t h e future. The proponents are in the process of di s c u s s i n g . a l t e r n a t i v e l o c a t i o n s f o r the easement and extension of sewer and water t o t h e a d j a c e n t p r o p e r t i e s w i t h t h e City Engineer at this time. This solution shou l d b e w o r k e d o u t a s a c o n d i t i o n o f approval of the final plat of the property. Storm water run-off from all sites will be direc t e d t o w a r d s c a t c h b a s i n s w i t h i n t h e parking lot, which will connect through a se r i e s o f s t o r m s e w e r p i p e s t o t h e existing pondings areas adjacent to each of t h e p a r c e l s . S i n c e t h e l o w a r e a i s being filled on Parcel C, it will be required t h a t t h e d e v e l o p e r p r o v i d e a s t o r m sewer pipe connection from the northern propert y l i m i t s t o t h e e x i s t i n g s t o r m s e w e r system in Primetech Park. The proponent m u s t s u p p l y s t o r m w a t e r r u n - o f f calculations and piping sizes for review by t h e C i t y E n g i n e e r p r i o r t o f i n a l p l a t approval. Preliminary Plat The Commission will note that the size of t h e p r o p e r t y t o b e p l a t t e d d o e s n o t coincide with the amount of acreage to be zoned. P a r c e l A t o t h e s o u t h o f C i t y W e s t Parkway is already platted as a lot as part of t h e C i t y W e s t d e v e l o p m e n t . P a r c e l 8 and Parcel C north of City West Parkway are exist i n g o u t l o t s , w h i c h r e q u i r e p l a t t i n g into one lot. Pedestrian Systems A five-foot wide concrete sidewalk runs along t h e n o r t h s i d e o f C i t y W e s t P a r k w a y serving Parcel A and Parcel C. There should be internal si d e w a l k c o n n e c t i o n s f r o m each of the buildings to this sidewalk. T h e b u i l d i n g s o n P a r c e l B s h o u l d b e connected to the sidewalk system on the north s i d e o f t h e r o a d a n d t h e t r a i l s y s t e m adjacent to the pond on the south and wes t s i d e s o f t h e p r o p e r t y . A p o s s i b l e location for a five-foot wide concrete si d e w a l k c o n n e c t i o n w o u l d b e a l o n g t h e southeast property line of Parcel B, which oa u l d c o n n e c t t h e t r a i l a l o n g t h e p o n d t o the tile walk across City West Parkway. (See A t t a c h m e n t B ) Lighting The proponents should submit an overall li g h t i n g p l a n , w i t h d e t a i l s f o r r e v i e w , prior to building permit issuance. Signago The proponents should submit the overall si g n a g e p l a n , w i t h d e t a i l s f o r r e v i e w , prior to building permit issuance: STAFF P1C0v.,IFNnATIO1S Staff would recomnend approval of the request f o r 7 o n i n g D i s t r i c t C h a n g e f r o m R u r a l to RM-2.5 on approximately 13.43 acres, and Pr e l i m i n a r y P l a t o f 9 . 5 2 a c r e s i n t o o n e The Park at City West 5 August 9, 1985 lot, for construction of 288 apartment units in six buildings, dated July 22, 1 9 8 5 , and subject to the following conditions: • 1. Prior to review by the City Council, proponent shall: A. Modify the site plan to provide for a five-foot wide concrete sidewalk connection between the tile walk crossing in City West Parkway and the trail on the southeast side of Parcel B as shown on Attachment B. B. Modify the grading plans to indicate a five-foot high berm within the front yard setback along City West Parkway to screen parking areas. C. Submit detailed plans for the Commons building. 2. Prior to final plat approval, proponent shall: A. Submit detailed storm water run-off and erosion control plans for review by the watershed district and the City Engineer. B. Obtain approval from the Board of Appeals for variances requested for density of 24.4 units per acre and for height of the structures to be 46.5 feet. 3. Prior to building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. . R. Submit samples of exterior building materials for review, including the brick, cedar, and overhead doors. C. Submit an overall lighting plan, with details, for review. D. Submit an overall signage plan, with details, for review. E. Submit a detailed landscaping plan identifying the exact tree species, size, and quantity of plant materials for review. 4. Prior to grading permit issuance, proponent shall: A. Notify the City and the watershed district at least 48 hours in advance of grading. B. Stake the construction limits with a!%erosion control fencing. C. Stake the grading limits with a snow fence.. Any trees lost outside of the proposed grading limits shall be replaced on a cross- sectional trunk, area inch for area inch basis. 5. This project shall be a member of the overall City West Owners' Association for maintenance of common property. 6. Developer agrees to assume developer's share of all future assessments in direct proportion to their percentage of land area within the City - West Planned Unit Development for Shady Oak Road. zuctigt,r6 Pfrfk U 4-evo attaclizmwat A , • I-1. • • ---, • 's ' L :.':"7-:::...,........47'...L:77-11"--4:f. -'i:/:,:"\-;---_,.. • ' s .‘ ' '4-i.- „ ••• , -A ,., ti.re–:--------=z. C.1-=‘''s • -- --.;.::::,;,• K crossw ' •-... •:-.-:-, - -,--, \,—existing 5' concrete 5' concrete connection ' "•'"--)k exiting 8`trail 11.4 •11.•n••n 11••••• '41\ , proposed sidewalk SITE DATA Vas A.m. leo, ford 1.414‘.2 TyO • 313.3....311.3333 C.3111.3 • •€ ••• 1 • 3 3.3.3 .13 31.• 33333 C.•nn taso I 8...••• nnn••• Total Unita WO 4.44.....1 a• V. 4.44.44 ?slats Requfrod and leap; Provided 51. - 1 S .2-1 I2A0 ILS Rola a 1 2.1.3 tkiet Covered- Sr.acaa So,f4oe • 2S4 Soacea Density 24.4 4104/ Acre DEVELOPMENT SITE PLA11 se SIDEWALKS — :.• c-K attneomszat r2 kMORANDUM TO: FROM: DATE: SUBJECT: Parks, Recreation and Natural Resources Commission Bob Lambert, Director of Community Services August 14, 1985 Supplementary Staff Report to the August 9, 1985 Planning Staff Report Regarding "The Park at City West" by Finger Interprises This project site is part of a 1982 City West Planned Unit Development .designated for high density residential housing. The Comprenehsive Guide Plan also depicts a high density residential designation for between 20-40 units per acre. The Parks, Recreation and Natural Resources Commission approved the PUD in 1982; however, the Community Services Staff is recommending Commission review at this point to review specific design detail of the project. The major issues relating to the Parks, Recreation and Natural Resources Commission are as follows: 1. Pedestrian access. 2. Internal recreation facilities 3. Public recreation facilities serving this site. 4. Sitt; development PEDESTRIAN ACCESS The Community Services Staff concur with the Planning Staff in recommending a 5' concrete sidewalk along the southern boundary of Parcel B connecting the gravel path around the large pond and the tile walkway across City West Parkway. This provides easy access from the concrete sidewalk paralleling City West Parhway to this path around the pond, which is one of the most significant visual amenities within this area. INTIRNcti PrM'ATION rAcil ITIFS The park at City West is proposing to develop a swimming pool, a commons building and two tennis courts to serve this entire site. These recreation facilities shoula fficiont to accommodate the adults living at this site. Due to the location of these apartments, within the City West development, staff iqw1J oldjcip,tte an unusually low percentage of children living at this site and, therefore, could not anticipate the need for development of 3 toilet to serve this developl,,nt., PUBLIC RECREATION FACILITIES The nearest neighborhood park is Carmel P a r k , w h i c h i s a p p r o x i m a t e l y o n e - h a l f mile west of this site, however, is w e l l b e y o n d a m i l e f r o m t h i s s i t e following existing road systems. .Bry a n t L a k e R e g i o n a l P a r k i s l o c a t e d approximately one-third of a mile, follow i n g c u r r e n t r o a d s y s t e m s , t o t h e southwest of this site, and should provide f o r t h e o p e n s p a c e n e e d s o f t h i s high density development. SITE DEVELOPMENT This site plan involves construction of 288 u n i t s o n 1 3 . 5 g r o s s a c r e s , t h e n e t density is 24.4 units per acre. This inten s e d e v e l o p m e n t w i l l o b v i o u s l y require massive grading immediately adja c e n t t o t h e p o n d s w i t h i n t h e a r e a . 'Page two and three of the August 9th Pla n n i n g S t a f f R e p o r t d e s c r i b e t h e grading required and the proposed land s c a p i n g f o r t h i s s i t e . T h i s h i g h density site is located within an approved P U D t h a t a n t i c i p a t e d i n t e n s e development of the entire PUD and a varie t y o f d e v e l o p m e n t t h a t i n c l u d e d housing, office, commercial and industria l u s e a l l w i t h i n r e l a t i v e l y c l o s e proximity to one another. The Community Services Staff recommend a p p r o v a l o f t h e r e q u e s t f o r z o n i n g district change from Rural to RM.2.5 o n a p p r o x i m a t e l y 1 3 . 4 3 a c r e s a n d preliminary plat of 9.52 acres into one l o t , f o r c o n s t r u c t i o n o f 2 8 8 a p a r t m e n t units in six buildings, as per the Augu s t 9 t h P l a n n i n g S t a f f R e p o r t a n d t h e August 13th Supplementary Staff report. Bt:md B. The Park at City West Refer to staff report dated August 9, 1985 and memo from Bob 1.ailbert, Ditector of Community Services dated August 14, 1985. Lambert introdoced Rick Craig of Finger Enterprises, developer of the proposed "The Park at City Vest" and Mr. Craig introduced Finger':: architect, Mr. Marshall Lovin. Levin revieeed the site plan ehich is located on 13.5 acres near the ClosstyYn, Shady Oak Road and Mighizay 169. The developer is proposin.,,, six 1i ,a1 tocnt hnildin ;:s eith 45 and 51 units each for a total of 285 units. The Ivaildings vill be two difforent types along vith a co 101 building and tcnnis courts. Levin stressed that 1.-1::5e1 ruteti:ri: es ha:. On AC1I0 !;c1C:ItiVity to the envirm:.:.:. III. A: thi.: point, Lovin :Lioved an clevation viev of the building style and layout. dessem 0J...d Levin to trac, the proposod trill system on the site ti 441111 I II .111. UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION Aug. 19, 1985 "-4- Levin discussed the steep grade along the pond area and said that although a crossing could be built here, he does not feel it would be a good idea. Baker asked what the jogging distance will be between the pond and the commons area. Levin said it is about 1/4 mile. Jessen asked how people in Section B of the site would get to these areas. Lambert said there should be a connection from the public jogging path to the pond. He feels the developer's plan will work out well. Craig said that this route is the shortest and also the most direct. Lambert said that the biggest concern regarding this development when the PUD was designated in 1982 was that this will not be a typical type of development in this area. The area contains mostly office and commercial sites. Lambert expects the residents of this complex to be mostly young singles and not many children. Bryant Lake Park is the closest park to the development. Cook asked what the average age for residents of this complex is expected to be. Craig said he believes the majority will be young professionals. MOTION: Breitenstein moved to recommend approval of The Park at City—uest per staff report. Gonyea seconded the motion and it passed 6-0. C. THE ARK AT CITY VEST, by Finger Enter p r i s e s . R e q u e s t f o r Z o n i n g District. Change trom Rural to RM-2.5 on 1 3 . 4 3 a c r e s , w i t h v a r i a n c e s to he revie'4od by the Board of Appeals, and Pr e l i m i n a r y P l a t o r 9 . 5 2 acres (consisting of two outlets) into o n e l o t f o r c o n s t r u c t i o n o f a 288-unit apartment coaplex in six bui l d i n g s . L o c a t i o n : W e s t o f Highway fl 69-212, north and south of C i t y W e s t P a r k w a y . A p u b l i c hearing. Mr. Allen linvard, proponent, reviewed t h e s i t e c h a r a c t e r i s t i c s a n d p r o p o s e d development in detail with the Plan n i n g C o m m i s s i o n . P l a n n e r F r a n z e n reviewed the findings and recommendatio n s o f t h e S t a f f R e p o r t d a t e d A u g u s t 9, 19•3:i. Itirliuli ivied Aout the distance beim.v o n b u i l d i n g s o n P a r c e l s A , 1 3 , a n d C . ft! !,taled thu it anvared of the !Ariir.ture wore too close tonether. Mr. ftiv,Ird re'r.ponded that ditance bolo o e n b n i l d i w .is on Parui A Was feet; pq Parcel II, 6° feet; and, on Pa r c e l C , 8 0 f o o t . M n n o t e d t h a t t h e Planning Comnission Minutes 7 August 12, 1985 buildings within the parcels would be located at different elevations, therefore, not necessarily creat i n g t h e s i t u a t i o n w h e r e b a l c o n i e s w o u l d b e located very close together. H e a l s o s t a t e d t h a t v e g e t a t i o n w o u l d b e located in these corridors to br e a k v i e w s t o a d j a c e n t b u i l d i n g s . P l a n n e r Enger stated that the proponents w o u l d n e e d t o u s e c o l u m n a r t y p e t r e e s t o fill up spaces between units wh i c h w e r e l o c a t e d c l o s e t o g e t h e r . H e a d d e d that perhaps a shift of the struct u r e s o f e v e n five feet would be helpful. Hallett asked why proponents we r e a s k i n g f o r a d e n s i t y o f 2 2 . 4 u n i t s p e r acre for the project. Planner E n g e r r e s p o n d e d t h a t t h e H i g h D e n s i t y Residential use of this site had been approved as a•. land use as part o f t h e City West Planned Unit Developmen t . Hallett asked if an Environmenta l A s s e s s m e n t W o r k s h e e t h a d b e e n p r e p a r e d f o r this site, in particular with re s p e c t t o t r a f f i c g e n e r a t i o n . P l a n n e r E n g e r responded that one had been prepa r e d f o r t h e o v e r a l l C i t y W e s t P l a n n e d U n i t Development, which included re v i e w f o r 4 0 0 u n i t s i n t h i s a r e a w h i l e proponents were proposing 288 unit s i n s t e a d . Hallett asked how the City would b e a b l e t o c o n t r o l b o n d i n g t i m e p e r i o d s f o r landscaping in order to determi n e w h e t h e r t r e e s h a d b e e n d a m a g e d d u r i n g construction, if damage did not s h o w u p f o r a p e r i o d o f t i m e . P l a n n e r E n g e r responded that this was done thr o u g h t h e d e v e l o p e r ' s a g r e e m e n t a n d t h r o u g h the landscaping bond required o f t h e d e v e l o p e r s a t t h e t i m e o f b u i l d i n g permit issuance. He stated that S t a f f w o u l d b e p a y i n g p a r t i c u l a r a t t e n t i o n to this matter for this site. Chairman Schuck asked about the i m p a c t o n t h e p o n d s i n t e r m s o f e r o s i o n which may be caused by the devel o p m e n t . P l a n n e r E n g e r r e s p o n d e d t h a t t h e City and Watershed District woul d b e w o r k i n g t o g e t h e r t o s e e t h a t p r o p e r erosion control methods were employe d t h r o u g h o u t t h e c o n s t r u c t i o n a n d f i n a l development of this site. Schuck asked about the speed li m i t s f o r C i t y W e s t P a r k w a y i n t h i s a r e a . Planner Enger responded that the C i t y w o u l d b e l o o k i n g a t l o w e r i n g t h e s p e e d limits through this portion of th e d e v e l o p m e n t . Chairman Schuck asked for comm e n t s a n d q u e s t i o n s f r o m m e m b e r s o f t h e audience. There were none. MOTHILI: Motion was made by Bye, seconded b y J o h a n n e s , t o c l o s e t h e p u b l i c h e a r i n g . Motion carried--6-0-0 MOTIDhl 2: MA ion Was made by Bye, seconded by ‘lohann e s , t o r e c o n n o n d t o t h e C i t y Council 4proval of the request of Finger Enterprises for Zoning Distric , Change Irom Rural to 1111-?.b for 13. 4 3 a c r e : , w i t h v a r i a n c e s t o b e r e v i e w e by the I:Jard of Aneals, ;or constr u c t i o n o f M D a p m n t a a n i t c u n i t s t o h , known al. lhQ PaO, At City lk:st, 11..vwd on plans dated duly a, 193t., subje, to the retosmnhiations of the Statt Report dated August 9, 1935, with If. Planning Commission Minutes 8 August 12, 1985 following added conditions: 1) P r i o r to review by the City Council, propoiTnt shall meet with Staff t o r e v i e w t h e b u i l d i n g r e l a t i o n s h i p s i n order to determine if there are al t e r n a t i v e s t o e l i m i n a t e t h e c l o s e n e s s o f the buildings; and, 2) Prior to re v i e w b y t h e C i t y C o u n c i l , p r o p o n e n t s h a l l meet with Staff to review transpor t a t i o n a n d t r a f f i c c o n s i d e r a t i o n s f o r t h e property with respect to City West P a r k w a y . Motion carried--6-0-0 MOTION 3: Motion was made by Bye, seconded b y J o h a n n e s , t o r e c o m m e n d t o t h e C i t y Council approval of the request of F i n g e r E n t e r p r i s e s f o r P r e l i m i n a r y P l a t of 9.52 acres (consisting of two o u t l o t s ) i n t o o n e l o t f o r c o n s t r u c t i o n o f 288 apartment units to be known a s T h e P a r k A t C i t y W e s t , b a s e d o n p l a n s dated July 22, 1985, subject to t h e r e c o m m e n d a t i o n s o f t h e S t a f f R e p o r t dated August 9, 1985, with the f o l l o w i n g a d d e d c o n d i t i o n s : 1 ) P r i o r t o review by the City Council, propo n e n t s h a l l m e e t w i t h S t a f f t o r e v i e w t h e building relationships in order to d e t e r m i n e i f t h e r e a r e a l t e r n a t i v e s t o eliminate the closeness of the bui l d i n g s ; a n d , 2 ) P r i o r t o r e v i e w b y t h e City Council, proponent shall meet w i t h S t a f f t o r e v i e w t r a n s p o r t a t i o n a n d traffic considerations for the prope r t y w i t h r e s p e c t t o C i t y W e s t P a r k w a y . Motion carried-5-0-0 V. OLD BUSINESS None. VI. NEW BUSINESS None. VII. PLANNER'S REPORT None. VIII. ADJOURNMENT MOTION TO ADJOURN was made by Johannes, seconded by Dodge. Cha i r m a n Schu(' adjourned the meeting at 11:03 p.m. SEPTEMBER 3,1985 CAR RENTAL -TEEN VOLUNTEER PROGRAM FEE,POLICE DEPT Jay 85 FUEL TAX JULY 85 SALES TAX WINE WINE WINE LIQUOR LIQUOR WINE WINE LIQUOR PACKET DELIVERIES PAYROLL 8/9/85 ADS-LIQUOR STORES FLOOD LAMPS-FORESTRY DEPT EXPENSES AUGUST 85 EXPENSES SERVICE REFUND-BEAVER MOUNTAIN WATER SLIDE REFUND-RIVER CRUISE REFUND-RIVER CRUISE SERVICE TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES TEEN ValINTFER LiAGES TEl VOLUNTEER WAGES TEEN VOI.UNTFF R WAGES TEEN VOLUNTEER WAGES REFUND-SIMING LLSSONS RETUND-SWirlING LESSONS PATROL" 8/9/85 SERVICE SILP 1.11181W- FIRE DEPT SERVICE 20,P"n VOID OUT CHECK 2. PREMIER RENT A CAR 22317 MINNESOTA BOARD OF PEACE OFFICERS 22318 CONMISSIONER OF REVENUE 22319 COMMISSIONER OF REVENUE 22320 CAPITOL CITY DISTRIBUTING CO 22321 MARK VII SALES 22322 QUALITY WINE CO 22323 GRIGGS COOPER & CO INC 22324 ED PHILLIPS & SONS CO 22325 EAGLE WINE CO 22326 PRIOR WINE CO 22327 JOHNSON BROTHERS WHOLESALE LIQUOR 22328 DANA GIBBS 22329 NORAST BANK HOPKINS 22330 INFORMATION PUBLISHERS INC 22331 IMPORTED PARTS WAREHOUSE 22332 PETTY CASH 22333 JOHN FRANE 22334 NORTHERN STATES POWER CO 22335 GAYLE HINES 22336 JOE LAY 22337 JTYLER MC INTOSH 22338 NORTHERN STATES POUR CO 22339 DAVID BROWN 2T , ERIK BUTZ 2a,.1 JOEL DAVIS 22342 CHRIS FINBERG 22343 CANDY FOLEY 22344 SHANNON GRALOW 22345 JuLIANE JOHNSON 22346 GODY KoRBEL 22347 SHRAH LAFRENZ 22348 AMY LATH! 22349 STEFANIE LANGE 22350 MIKE LONGER 22351 TOM LESLIE 22352 SETH MNLOVE 22353 HOLLY MARTIN 22354 JENNIE mOE 22255 DAVE O'BRIEN 22356 JODI SAREES 22357 CHARLES SOLIE 22:58 JOON SOLON 22359 JERNIELR SOLSVIG 2220 CHRIS TIMIS 2:36) JAY TREAT 22:62 . SRIPHAR VLNKATA 22263 IAUA 0AILk5URV 223 ,A NFNA FOX LW ROECIUXRAN N8iR NOKINS t o) EA:01 NI CO 27369 FORINWESILNN GLEE TELEPHONE CO 7445.50- 73.17 5.00 220.32 18897.47 373.50 92.61 1386.91 3237.38 3188.10 723.86 692.40 255.45 65.00 695.00 282.60 60.92 53.87 165.00 34.07 8.00 21.50 21.50 16939.68 40.80 65.20 121.95 97.60 107.10 14.00 97.20 54.80 31.20 98.55 115.20 81.00 77.40 7.20 80.80 60.00 44.80 115.20 79.65 82.40 18.40 72.00 93.60 37.20 33.60 32.00 15.60 240.00 130.33 106.00 87.63 4236562 22370 INFORMATION PUBLISHERS INC 22371 MARK VII SALES 22372 PAUSTIS & SONS CO 24 QUALITY WINE CO 22374 TWIN CITY WINE CO 22375 GRIGGS COOPER & CO INC 22376. JOHNSON BROTHERS WHOLESALE LIQUOR 22377 ED PHILLIPS & SONS CO 22378 INTERCONTINENTAL PACKAGING CO 22379 A COMMERCIAL DOOR COmPANY 22380 AMI PRODUCTS INC 22381 ALLWEATHER ROOF CO 22382 EARL F ANDERSEN & ASSOC INC 22383 ASSOCIATED ASPHALT INC 22384 ASTLEFORD INTNL INC 22385 AT & T INFORMATION SYSTEMS 22386 HOPKINS POSTMASTER 22387 HENNEPIN COUNTY TREASURER 22388 NORTHWESTERN BELL TELEPHONE CO 22389 AT & T INFORMATION SYSTEMS 22390 AT & T INFORMATION SYSTEMS 22391 BATTERY & TIRE WAREHOUSE INC 22392 ANNETTE BEACH 22393 B R W INC 22394 JOHN BENSON 223P; BLOOMINcTON LOCKSMITH CO 22( LEE BRANDT 22397 LOIS BOETTCHER 22398 BRAUN ENO TESTING INC 22399 LES BRIDGER 22400 BSN CORP ' ADS-LIQUOR STORE WINE WINE LIQUOR WINE LIQUOR LIQUOR WINE WINE REPAIR DOOR-FIRE STATION HOSE COUPLINGS-EQUIPMENT MAINTENANCE REPAIR CITY HALL ROOF WARNING SIGNS-PARK MAINT BLACKTOP GASKET/CAP-EQUIPMENT MAINT SERVICE POSTAGE-COMMUNITY SERVICES BROCHURE LICENSE FEE FOR SUNBONNET DAYS SERVICE SERVICE SERVICE AIR FILTERS/BATTERIES/FLASHER-EQUIP MAIN? EXPENSES-POLICE DEPT -SERVICE-TECHNOLOGY DR/EDEN RD/ANDERSON -LAKES PARKWAY/VALLEY VIEW RD/PRAIRIE CENTER DRIVE GOLF INSTRUCTOR/FEES PD REPAIR ELECTRIC LOCK-POLICE DEPT SOFTBALL OFFICIAL/FEES PD PARK & REC COMMISSION MEETING MINUTES SERVICE-ANDERSON LAKES PARKWAY EXPENSES-POLICE DEPT TENNIS NETS-PARK MINT 220.50 123.48 208.24 919.38 60.97 4818.40 803.83 5176.12 384.97 42.00 88.78 126.11 70.80 719.38 13.15 831.75 746.59 15.00 17.86 21.69 13.80 114.99 81.17 32461.77 98.00 45.00 312.00 58.50 1857.85 217.95 22401 MIKE BURGETT 22402 BUSINESS FURNITURE INC 22403 BUTCHS BAR SUPPLY 22404 CARDOX CORP 22105 CASE POWER & EQUIPMENT 22406 CHANHASSEN BUMPER TO BUMPER 22407 CHANHASSEN LAWN & SPORTS 22408 C I N U MA;;SP CO 2109 CLEVELARU COTTON PRODUCTS 2210 CLUTCH 1. U-JOINT BURNSVILLE INC 22411 CLUTCH N TRANSMISSION SER INC 2241? JEFF CONRAD' 2 - 1 CONT,'AY FIRE F. SAFETY INC COPY EQDIPMENT INC SOFTBALL OFFICIAL/FEES PD 2 CHAIRS-FINANCE & BLDG DEPT SUPPLIES-LIQUOR STORES CARBON DIOXIDE-WATER DEPT -TEMPERATURE SENDER-EQUIPMENT MAINT/F1LTER ASSEMBLY/ELEMLNT KIT-PARK MAINT -SPARK PLuGS/ROTOR/DISTRIBUTOR CAP/ EQUIPMEN1 MAINT EYELET/LINE-WATER DEPT SERVICE-EDEN VALE BLVD PAPER TOWHLS-TAIFR & STREET DEPT CABLL/U JOINTS -BRACKET/SEAL/BRAKE SHOE L1NINGS/BRAKE CHAMBER -EQUIPMENT MAINT • HOCKEY OFFICIAL/FEES PD HOSE CORRESTION REPAIR PARTS-FIRE DEPT XEROX VOND/ELAG TAPE-POLICE DEPT 295.00 354.27 255.69 1280.30 31.95 32.61 10.93 31633.82 383.26 149.03 306.50 105.00 24.56 72.21 65i039 22449 TOM KEEFE 22450 KELLY SERVICES INC 22451 MICHAEL KISSEN 22452 JOE KLOOS 22453 KRAEMERS NOME CENTER 22154 JOHN KRAEMER 22455 RABIGCA KRAGH 22456 ROGERT LAMURT 224G7 LANCE 22158 LAKELAND FEC EQUIPMENT CO 22459 EARL 1NSUWL INC 22E60 LANG PAULY A a:EGERSON LTD 2246I POUAAS A LASER 22462 THE LIFT SKI SHOP 22463 LONG LAKE FON IPACTOR 22E64 rixQuE EQUIEMLNI INC L465 luM ft\ENliNS 22466 PA:Ni'U_ SRI FT PARPY ft60I; COUNTRY CLUB MARKET INC CUTLER MAGNER CO DALCO CRAIG W DAWSON EUGENE DIETZ DONS SOD SERVICE EARL'S ART & DRAFTING SUPPLIES EDEN PRAIRIE FIRE DEPT CITY OF EDINA ELVIN SAFETY SUPPLY INC EMERGENCY SERVICE SYSTEM INC CHRIS ENGER DOUG EPSTEIN FAIRVIEW COMMUNITY HOSPITALS FEED RITE CONTROLS INC G & R AVIATION INC GENERAL COMMUNICATIONS INC GOODYEAR AUTO SERVICE CENTERS JAMES HALE MICHAEL W HAMILTON HEALTH & HOME D C HEATH & CO HEWN CTY-SHERIFFS DEPT HENNEPIN CO DEPT OF PROPERTY TAX HOLMSTEN ICE RINKS INC MARKHURD AERIAL SURVEYS INC KURT HYSTER INDEPENDENT SCHOOL 01ST #272 INTERSTATE VIDEO SERVICE INC JET PHOTO LABS JM OFFICE PRODUCTS INC CARL JULLIE THE KAHLER HOTEL KARULF HARDWARE INC SUPPLIES QUICKLIME-WATER DEPT CLEANING SUPPLIES EXPENSES JULY 85 EXPENSES SOD-COMMUNITY CENTER & PARKS DEPT IN SUPPLIES-PLANNING DEPT DUES-FIRE DEPT JULY 85 TESTS RAINCOAT-BLDG DEPT CONVERSION OF VEHICLE #265 POLICE CAR AUGUST 85 EXPENSES SOFTBALL OFFICIAL/FEES PD TESTS-POLICE DEPT CHLORINE-WATER DEPT AIRCRAFT RENTAL-PLANNING DEPT RADIO REPAIR & PARTS 14 TIRES GOLF INSTRUCTOR/FEES PD SOFTBALL OFFICIAL/FEES PD ADS-LIQUOR STORES BOOK-ASSESSING DEPT JUNE 85 BOOKING FEES VOTER REGISTRATION VERIFICATIONS FLOAT SWITCH HEAD-COMMUNITY CENTER EXPANSION PLANS-WATER PLANT HOCKEY OFFICIAL/FEES PD RENTAL OF BAND ROOM-COMMUNITY CENTER REPAIR VIDEO EQUIPMENT-POLICE DEPT PRINTING-POLICE & COMMUNITY CENTER OFFICE SUPPLIES EXPENSES CONFERENCE-WATER DEPT -BATTERIES/FITTINGS/POWERLOCK/WASHERS/ WRENCH/WHEELS/SCREWS SOFTBALL OFFICIAL/FEES PD TEMPORARY HELP-POLICE DEPT TEMPORARY WELP-POLICE DEPT HOCKEY OFFICIAL/FEES PD RUST-OLEUM PAINT/GARBAGE CAN REFUND-PARK DEDICATION FEE SAILING INSTRUCTOR/FEES PD AUGUST 85 EXPENSES SUPPLIES-LIQUOR STORE VALVE-EATER DEPT INSURANCE JUNE. 85 LEGAL SERVICE SOF1BALL OFFICIAL/FEES PD SAILBOARDING CLASSES/FEES PD PBS/SPRING CYLIN2AR-LQUIEMENT MAINT MILEACE-FORES1RY DEPT SUBSCRIPTION-ASSESSION DEPT HOCKEY OFFICIAL-FEES PD 236.43 10148.16 267.75 35.75 177.50 1043.50 3.42 213.00 133.00 25.40 2113.05 165.00 122.00 34.25 1355.12 28.80 157.85 1363.02 20.00 291.00 60.00 25.69 168.04 7.98 119.57 200.00 105.00 15.00 102.00 3.51 43.33 321.35 174.90 137.99 322.00 278.16 72.00 45.00 30.73 400.00 188.00 240.25 37.45 38.00 172625.00 9409.80 52.00 50.00 18.51 124.31 216.90 35.00 97.50 '2415 '2416 !24I1 !24IP ?24t 1420 ?2421 ?2422 ?2423 22424 22425 22426 22427 22428 22429 22430 22431 22432 22433 22434 22435 22436 22437 22438 22439 22440 22441 22442 22 22 22445 22446 22447 22448 203AV 22468 BARBARA MATTSON AQUA AEROBICS INSTRUCTOR/FEES PD 171.50 22469 MCFARLANES INC CEMENT-PARK MAINT 0.00 22469 MCFARLANES INC CEMENT-PARK MA1NT 71.50 22470 MC GUIRE MECH 22( MEDICAL OXYGEN & EQUIP CO MERIT/JULIAN GRAPHICS 22473 METROPOLITAN WASTE CONTROL COMM 22474 METROTURF INC 22475 MIDLAND PRODUCTS CO 22476 MIDWEST ASPHALT CORP 22477 MPLS AREA CHAPTER 22478 MIMNEGASCO 22479 MINNESOTA SUBURBAN NEWSPAPERS INC 22480 MINNESOTA VALLEY WHOLESALE INC 22481 ROBERT G MODEEN INC 22482 NATIONAL FIRE PROTECTION ASSOC 22483 SCOTT NELSON 22484 NORTH CENTRAL SECTION ANNA 22485 NORTHERN STATES POWER CO 22486 NORTHERN STATES POWER CO 22487 NORTHERN STATES POWER CO 22488 BILL O'ROURKE 22489 OCHS BRICK & TILE CO 22490 HARRY A ORTLOFF 22491 CHARLES J PAPPAS 22492 DENNIS PAULSON 22493 PATRICK PEREZ 22494 PETTY CASH-PUBLIC SAFETY DEPT 22495 JOYCE PHELPS PHOTOS INC 22/ PNEUMATIC CONTROLS INC 22498 PITNEY BOWES 22499 PRAIRIE ELECTRIC COMPANY INC 22500 PROTECT-AIRE 22501 JAMES PUFAHL 22502 RADIO SHACK 22503 RETAIL DATA SYSTEMS OF MINNESOTA 22504 RETAIL DATA SYSTEMS OF MINNESOTA 22505 JAMES F RHODY 22506 JAMES RICK 22607 RIDGE DOOR SALES CO OF MN INC 22508 ROAD RESCUE INC 2250 ROBERT RYAN 22510 KEVIN D SCUNIDT 22511 DONALD BRION sCEWARTZ 22512 STEVER K SINELL 22513 SNAP-oR TOOLS CORP 22514 SNAP PINT-LEST 21:515 SMOKE LATER MAGAZINE 225I6 SNYDERS DRUG STONES INC L2617 SOU1HULST SUBURPAN MUSH INC REFUND PLUMBING PERMIT OXYGEN & COMPRESSED AIR -FIRE DEPT FORMS-BUILDING DEPT JULY 85 SAC CHARGES EQUIPMENT RENTAL-PARK MAINT CONCESSION STAND SUPPLIES-COMMUNITY CENTER BLACKTOP BOOK-COMMUNITY CENTER SERVICE ADS-LIQUOR STORES TREES-FORESTRY DEPT PAINT & SAND ALL DOORS-FIRE DEPT BOOK-FIRE DEPT SUPPLIES-ROUND LAKE MARINA CONFERENCE-WATER DEPT SERVICE SERVICE SERVICE SOFTBALL OFFICIAL-FEES PD CEMENT-DRAINAGE DEPT SOFTBALL OFFICIAL/FEES PD EXPENSES CONFERENCE-POLICE DEPT SOFTBALL OFFICIAL/FEES PD EXPENSES-POLICE DEPT SKATING INSTRUCTOR/FEES PD PRINTS-PLANNING DEPT REPAIR WATER HEATER-COMMUNITY CENTER -MAILING MACHINE MAINTENANCE AGREEMENT /CITY HALL REPAIR LIGHTS-COMMUNITY CENTER EXTENSION PANELS-POLICE DEPT SOFTBALL OFFICIAL/FEES PD -ELECTRICAL CONNECTORS FOR VIDEO EQUIPMENT -POLICE DEPT CASH REGISTER MAINTENANCE AGREEMENT CASH REGISTER PAPER & RIBBONS-LIQUOR STORE SOFTBALL OFFICIAL/FEES PD SOFTBALL OFFICIAL/FEES PO REPAIR GARAGE DOOR-FIRE DEPT 151 AID KITS-FIRE DEPT HOCKEY OFFICIAL/FEES PD SOFTRALL OFFICIAL/FEES PD SOFTBALL OVEICIAL/FELS PD AUGUST 85 EXPENSES WRENCHES/FILE-EQUIPMENT MAINT PRINTING-CU11UNI1Y SERVICES SUBSCRIPTION-FIRE DEPT • SHOE POLISH/DYE-POLICE DEPT EMPLOYMENT ADS-ENGINLER1NO DEPT 94.50 154.56 597.98 45441.00 175.00 17.50 436.32 20.00 259.94 31.50 250.00 1501.00 29.40 3.25 65.00 9597.43 5297.35 2006.01 78.00 48.45 278.00 77.19 291.37 114.00 38.44 123.20 131.25 412.95 284.75 361.85 119.70 239.00 3.38 1064.00 57.23 52.00 26.00 43.15 554.00 232.50 231.00 52.00 356.85 25.60 30.35 18.00 151.03 15.60 163 22536 22537 22538 22539 22540 22541 22542 22543 22544 22545 2 ,. 2)F: " 22548 22549 22550 22551 21876 22518 SOUTHWEST SUBURBAN PUBLISH INC 22519 SOUTHWEST SUBURBAN PUBLISH INC 22520 STEVEN STEPHAN 22521 STATE TREASURER 2252 ° MONTY STUHLER •22t, SULL1VANS SERVICES INC 22524 TFNNESSEE CHEMICAL CO 22525 TOM TESCH 22526 KEVIN TIMM .22527 TOTAL TOOL 22528 TURNQUIST PAPER CO 22529 UNITED LABORATORIES INC 22530 VALLEY PAVING INC 22531- VARDA SILENT ALARM 22532 VIKING LABORATORIES INC 22533 KEITH WALL 22534 REBECCA WARNER 22535 WATER PRODUCTS CO JANE WEBSTER WEED KING SANDRA F WERTS WEST PUBLISHING COMPANY JOE WIETHOFF XEROX CORP ZEE MEDICAL SERVICE RON ESS RON ESS ADAM WIETHOFF JUNE MACY STEVEN GUST LYNN MORE? JEFF MORE? DEVIN HALSTEAD KIM HALSTEAD VOID OUT CHECK AD-CUMMINS GRILL RESTORAGION ADS-COMMUNITY CENTER MILEAGE-TEEN VOLUNTEER PROGRAM FEE-WATER DEPT SOFTBALL OFFICIAL/FEES PD PUMP TANK-RESEARCH ROAD FERRI FLOC-WATER DEPT SCHOOL REIMBURSEMENT-STREET DEPT SOFTBALL OFFICIAL/FEES PD PRESSURE BLASTER-WATER DEPT TOILET PAPER-COMMUNITY CENTER VANDALISM MARK REMOVER-STREET DEPT REFUND FIRE HYDRANT METER DEPOSIT REPLACED CAP on CHARGER. CHEMICAL-COMMUNITY CENTER EXPENSES-POLICE DEPT MILEAGE -CABLE KIT/GENERATOR/NYLON BUSHING/GASKET/ SAWBLADES REFUND-KENNEL LICENSE WEED CUTTING MILEAGE-COMMUNITY SERVICES SUBSCRIPTION-POLICE DEPT. SOFTBALL OFFICIAL/FEES PD SERVICE 1ST AID SUPPLIES HOCKEY OFFICIAL/FEES PD REFUND-BASEBALL LEAGUE HOCKEY OFFICIAL/FEES PD REFUND-TENNIS LESSONS REFUND-TENNIS LESSONS REFUND-RIVER CRUISE REFUND-RIVER CRUISE REFUND-RIVER CRUISE REFUND-RIVER CRUISE 235.68 11.40 11.50 30.00 44.00 50.00 3904.64 98.00 156.00 668.69 443.82 120.41 240.44 63.19 117.90 18.91 25.50 1273.10 10.00 140.00 88.15 165.00 244.00 751.64 29.70 111.00 9.00 70.00 17.00 20.00 21.50 21.50 21.50 21.50 25.48- 922919 $412652.80 226110.48 2086.80 21495.98 17615.81 400.00 59034.98 4376.73 32855.03 45495.83 535.68 2645.48 10 GENERAL 11 CERTIFICATE OF INDEBT 15 LIQUOR STORE-P V M 17 LIQUOR STORE-PRESERVE 30 CASH PARK FEES 51 IMPROVEMENT CONST FD 57 ROAD IMPROVEMENT CONST FD 73 WATER FUND ' SEWER FUND , TRUST & ESCROW FUND 90 TAX INCREMENT FUND $412652.80 rT 2626 East 821e3 Street, Suite 101 • Btoorninton, MN 5 5 4 2 0 • { 6 5 2 ) 8 5 4 - 6 5 2 5 s Companies — Minneapolis Division August 16, 1985 Mr. Chris Enger City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 - Gentlemen: I would like to appeal the Board of Appeals d e c i s i o n r e g a r d i n g V a n t a g e ' s request for an Ordinance interpretation to p e r m i t a c u r b t o c u r b p a r k i n g dimension of 60'. Our request to the Board was for a reductio n i n t h e c u r b t o c u r b d i m e n s i o n , from Eden Prairie's required 63', to 60'. T h e B o a r d g r a n t e d a r e d u c t i o n to 62'. I am appealing this because I feel the City i s a c t u a l l y b e t t e r o f f w i t h 60' curb to curb, in lieu of the 63' require d b y t h e O r d i n a n c e . A d d i t i o n a l l y , unnecessarily paving an additional 3' is a po o r u s e o f l a n d . Please let me or Bruce Watson know what, if a n y t h i n g , t h e V a n t a g e C o m p a n i e s needs to do in order to have this appeal con s i d e r e d a t t h e - 3 a n n 4 n g - C o m n i s s i o i meeting of September 3, 1985. C .4l( • C Sincerely, VANTAGE PROPERTIES, INC. Matthew N. Nicoll ExecWAve Vice President GencTal KInacier Minnoapolis Division MNN:Ljg AlOb • Come:err -ell Inver.lcus :AR neVi .h.lpLIS • MEMORANDUM TO: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community ServiceVi t- DATE: August 23, 1985 SUBJECT: Twin City Testing Proposal Earlier this year the City Council authorized spending up to $6,000 for Twin City Testing to determine the specific causes of the water leakage problems at the Eden Prairie Community Center. In July, Twin City Testing provided a summary report on their findings. The report answered the questions initially requested, but also raised several new ones. During the testing process, engineers from Twin City Testing discovered severe bowing occurring in the exterior block of the cavity walls on three sides of the natatorium. Due to the amount of leakage occurring through the wall system, their engineer's also suspect that the existing insulation of the built up roof at the natatorium may be wet and, therefore, would not provide insulation and would ultimately cause further building deterioration. City staff have also requested Twin City Testing to do an onsite testing of the waterproofing system being proposed by Twin City Testing to ensure that this system will provide a satisfactory exterior on the existing block walls. City staff requested Twin City Testing to provide a proposal to complete the testing necessary to answer the above questions. The proposal submitted estimates the total cost of the work to range from $5,400 to $6,900. Upon completion of this testing, City staff would then be reommending to hire an architect to develop specifications (based on the testing results) that contractors could bid to complete the work necessary to repair the existing damages to the building and correct all of the existing problems. With these specifications, the City could then obtain quotes for actual damages. The City would then be prepared to go to court with actual cost figures for repair of the Community Center. Community Services staff request approval to authorize Twin City Testing to proceed with the tests as proposed in their August 15th letter to Chuck Pappas. BL:md tunn CMY tes.ttna and engineering laboratorLL Inc. 662 cnomwEtt AVENUE ST. PAUL. MN 55114 PHONE 610645-3601 August 15, 1985 /Eden Prairie Community Center 16700 Valley View Rd Eden Prairie, MN 55344 ATTN: Mr Chuck Pappas Subj: Review of Cavity Walls, Waterproofing System & Roof Eden Prairie Community Center Building Eden Prairie, Minnesota TCT Laboratory No. 4124 86-367 Dear Mr Pappas CHARLES W. BRITZIUS. P.E Chairman of the Ward NORMAN E. HENNING. P E Pres.:lent CLINTON ti CUE Executive Vice-Presided! Treasurer ALBERT C. HOLLER, F AEC. Vice-President Chemistry This proposal is submitted in response to our meeting on August 8, 1985 in which we discussed the additional testing work to be performed at the Eden Prairie Community Center in Eden Prairie, Minnesota. Specifically, you requested the following testing work: A) Review of bowing distress occurring in the exterior block wythe of the cavity walls and providing repair recommenda- tions. B) On-site testing of waterproofing system over a section of the exterior block walls. C) Moisture survey of the built-up roof at the natatorium section. We are qualified to perform the above work and would like to work with you on the project. Work Plan Based on our work to date at the project, we propose the following work plan: A) Review of Bowing Distress Occurring in the Exterior Block Wythe of the Cavity Walls - S, SE and C Walls of Natatorium Section 1) Test_Cuts - A total of 12 to 15 test cuts will be made on the exterior block wythe of the three referenced walls. One to two block units will be removed at each test cut location. 44111 IV 1,11 11..111 111111 ,,1111141-11- 11111111 "'At ' Eden Prairie Cmmty Ctr Page 2 August 15, 1985 2) Review of Masonry Anchors - After the block units at each test cut l o c a t i o n a r e r e m o v e d , the cavity space between the exterior a n d i n t e r i o r b l o c k wythes will be reviewed. The masonry a n c h o r w i l l a l s o b e reviewed for compliance with project s p e c i f i c a t i o n s . U p o n completion of our review work, the tes t c u t s w i l l b e r e p a i r e d using similar block units as in the ex i s t i n g c o n s t r u c t i o n . 3) Vertical Alignment of the Walls - The vertical alignment of each wall w i l l b e m e a s u r e d u s i n g a stringline and plumb bob. We estimate 4 t o 5 l o c a t i o n s a l o n g each wall will be measured for vertic a l p l u m b n e s s . 4) Review of Test Results - The test results will be reviewed. The c a u s e ( s ) a n d r e p a i r recommendations of the bowing distress w i t h t h e n b e s t u d i e d . B) On-Site Testing of Waterproofing System O v e r t h e E x t e r i o r B l o c k W a l l s 1) Application of a Waterproofing Material - A section of the single wythe exterio r w a l l s w h i c h d i s p l a y typical water leakage will be selecte d f o r t h i s t e s t i n g . T h e test area will be approximately 10 x 1 0 ' i n a r e a . T w o c e m e n - titious waterproofing coating systems i d e n t i f i e d a s " T h o r o s e a l " and "Tomoseal" will be applied on the t e s t a r e a b y a n e x p e r i - enced masonry contractor using the ma n u f a c t u r e r ' s r e c o m m e n d a t i o n s . Prior to applying the waterproofing m a t e r i a l s , t h e w a l l s u r f a c e will be sandblasted to remove the ex i s t i n g p a i n t c o a t i n g . E a c h waterproofing material will be applie d o n h a l f o f t h e t e s t a r e a . 2) Water Spry Testing - After the waterproofing materials are cured f o r 2 w e e k s , w a t e r - spray testing will he conducted on the test a r e a o f e a c h w a t e r - proofing system using a test chamber as descr i b e d i n A S T M : E 5 1 4 , "Water Pormeance of Masonry". The box will b e s e c u r e d t o t h e block exterior and spray test performed. Th e s p r a y r a t e w i l l be maintained at 3.4 gallons per sq ft per hou r ( 5 1 / 2 " r a i n p e r hour). The air pressure will be kept at 10 p s f w h i c h i s e q u i v - alent to a 63 mph wind on the exterior. 3) RQVieW of Test Results - The lest results will he reviewed. An opini o n a s t o t h e p e r f o r - mance of the waterproofing material will be g i v e n . Eden Prairie Cmmty Ctr ' Page 3 August 15, 1985 C) Moisture Survey of Natatorium Roof Section - A nondestructive moisture survey will be performed on the natatorium roof section to locate areas of wet insulation. The survey will be performed using a nuclear moisture meter which utilizes a low level source to identify the presence of hydrogen molecules (i.e. water). Readings will be taken on a predetermined grid pattern and plotted on a roof plan to illustrate the areas of wet insulation. Insula- tion samples will then be taken to correlate the. readings obtained and the moisture content of the insulation samples. Report Preparation Upon completion of the outlined work, a written report will be prepared. The report will include our factual observation and testing results, our opinions as to the cause(s) of the wall bowing and repair recommendations , effectiveness of the waterproofing system over the existing walls and moisture condition of the built-up roof will be given. Fees Based on the work outlined, we estimate our total cost for the work to range from $5,400 to $6,900. A breakdown of each item is as follows: a) Review of wall bowing $3,000 - $4,000 b) Testing of waterproofing systems $1,700 - $2,000 .c) Moisture survey of built-up roof $ 700 - $ 900 TOTAL $5,400 - $6,900 The actual project charge will depend upon the time and tests performed in accordance with our standard fee schedule rates, which are attached. Should unanticipated conditions develop necessitating change in work scope, our cost will be based on the actual job work completed. If this situation arises, we will discuss the additional work with you and receive your authorization before proceeding. Acceptance Please indicate your acceptance by endorsing this letter and returning a copy to us. The attached sheet entitled "General Conditions", number e d 6-131 (3/85) is part of this proposal. Very truly yours 9 Lewis Y Ng, P.E: Construction Materials Dept Eden Prairie Cmmty Ctr Page 4 'August 15, 1985 We appreciate the opportunity to submit this propos a l f o r y o u r c o n s i d e r a - tion. We will contact you the week of August 26, 1 9 8 5 t o d i s c u s s a n y questions you may have regarding this proposal. LYN:sp Engr Coord ACCEPTED: Client: Authorized Signature:_ Typed Name: Title: cc: Langlfauly & Gregreson, Ltd Date: ATTN: Mr. Roger Pauly Endl Project: Eden Prairie Community Center Eden Prairie, Minnesota FEE SCHEDULE Description Services of a registered civil engineer Services of a civil engineer Services of a senior engineering technician Services of engineering technician Services of a masonry contractor VI. Expenses A) Mileage B) Photographs and prints C) Equipment rental Fee $55/hr $45/hr $35-$40/hr $30/hr Actual x 1.25 $0.32/mile Actual x 1.25 Actual x 1.25 El t - In -• twin crtY ti !..ttnC1 w., .-, • -,-...----,..-...- • GENERAL CONDITIONS SECTION 6: STANDARD OF CARE 6.1 TCT will perform consistent with that level of care and skill or. &amity exercised by members nf the profession currently prac- ticing under similar conditions. No other warranty, express or Implied, is made. SECTION 1: PROIECT INFORMATION 1.1 Client will make available to TCT all known information re- garding existing and proposed requirements which ailed the work to be performed. The information will include, but nut be limited to, specifications, contracts, recommendations, plans and change orders. 1.2 Client will immediately transmit to TCT any new information which becomes available to it or its subcontractors, so that recommended actions can be reviewed. 1.3' Client will provide a representative to answer questions about the project when required by TCT upon 24 hours notice. . 1.4 TO will not be liable for any incorrect advice, judgement. or decision based on any inaccurate information furnished by Client, and Client will indemnify ICI against liability arising out of or contributed to by such information. SECTION 2: SAMPLES 2.1 TO will retain representative samples for 30 days after submis- sion of TO report. Upon request by Client, samples can be shipped, charges collect, to destination selected by Client; or TCT can store them for an agreed storage charge. SECTION 3: FEE PAYMENT 3.1 TCT will submit invoices to client monthly, and a final invoice upon completion of services. Invoices will show charges based on current 1CT Fee Schedule or other agreed upon basis. A detailed separation of charges and backup data svill be pro- vided at Client's request. 3.2 The Client will pay the balance stated on the invoice unless Client notifies TO in writing of the particular item that is al- leged to be incorrect within fifteen 1151 days from the invoice date. 3.3 Payment is due upon receipt of invoice and is past due thirty 130) clays from invo cc date. On past due accounts, Chem will pay interest of 1.5% per month, or the 1113XIIIIIM allowed by law,. In the event of litigation, Client will pay TCT interest on all past due balances. 3.4 In the event Client fails to pay TCT within sixty tall days follow. ing invoice date, 1CT may eons:dor the default a total breach nf this agreement and all duties of ICI under this agreement terminated. SECTION 4: OWNf gtditP Or DOCUMENTS 4.1 All documents prepared by TCT as instruments of services will remain the property of TCT. 4.2 fliffeeS that all ieprins and other work furniched to the (dent or his aFenta whit h are not pafft for, will he returned upon demand and wrIl not be used by the Client for any purpose. 43 TO vill retain all rv-ninent records concerning services per. formed for a pferrsd tin two dl soars aver the ticui is St-nit. dt,tmlit tante, the re, dd. O 111.1:11, fee IO the (tent dur.n8 TC.T's normal busine:s hours. SECTION in 1)1Sn:I IS Client OS, reaconatile litigation eypenkes Of COfleClifel sin, lad..c.a. dittfy that TC1 i,u uint ml ciillecting on ert14,0,1,,t 01,Aq ApjPenielll. 5.2 If the Chem inctdides a sort 4,101: 1 Cl ss hich is (I...missed (it for ii him In {-;n .,(• 1.14,1 is rendered I,ff T. (-Writ attfees to pay 1 CT I ,.f afi ff'dffa ilHense. in: leihng anorney lees, espen frt, and court cods 6.2 TCT will be responsible for its data, interpretations and recom. mendations, but will not be responsible for interpretation by others. SECTION 7: LIMITATION OF LIABILITY 7.1 Client will defend and hold harmless TCT and its employees from any claims or liability for damages to property, or personal Injury or death arising out of the distress which is the subject of these services, or arising out of claims that the services per- formed caused or increased damages to the structure or property, 7.2 TCT's liability to the Client and all contractors and subcontrctors on the project, for damages due to professional negligence, negligence or breach of any other obligations to Client or others, will be limited to an amount not to exceed 550.000 or the TCT fee, whichever is greater. In the event Client does not wish to limit TCT's liability, TCT will waive this limitation on written notice from the Client received within 10days aner this agree. man! is fully executed or before the work is commenced. whichever is earlier, and Client will pay additional considera- tion equal to 10% of the total fee as a charge for a Waiver of Limitation on Liability. This charge is not a charge tor insurance but is an increase in consideration for the greater risk involved where work Is performed with no limitation of liability. 7.3 Client will notify any contractor or subcontractor who performs work in connection with any work done by TO' of the limita- tion of liability for design defects, errors, omissions or profes- sional negligence, and to require as a condition precedent to their performing their work, a like indemnity and limitation of liability on their part as against '(Cl. In the event the Client fads to obtain a like limitation and indemnity. Client agrees to on. demnify TO for any liability to any third party. SECTION 8: INSURANCE 8.1 TCT will carry workers compensation insurance and public liability and property damage insurance policies which TCT con- siders adequate. Certificates of insurance will be provided to Client (lion request. Within the limas and conditions of the in. surance, TCT agrees to indemnify Client against any loss. TCT will not be responsible for liability beyond the limits and con. ditions of the insurance. TO will not be responsible for any loss or liability arising horn negligence by client or by other con- sultants employed by client. SECTION 9: TERMINATION 9.1 This Agreement may be terminated by either party 'Icon seven (2.1 clays wreten DOOCO if there is subctantial future hyllh• ether party to perfoinc. Termination will not be toeldive if stilwtan• tial fails, e is tem.:died before expiration of the t.ecen (Liss Upon teimin anon. ICE will be paid for services, plus reasonable let. mination es penses. 9.2 If the contract is terminated prior to completion of all reports contemplated tw this Agreement, or suspended list Mete Ible, this toonthc, 1C1 may complete analyses arid reit'hil es are net eSS:lry to c its firs anti may also comp:et.. ieport on die f.ervicet, etet:O.NelO or sucpention elpenws Will roctude 6,40 cost of completing anallses. records and repons. SECTION 10: ASSIGNS 10.1 Neither party may assign duties Of interest its this Agreement is ithout the written consent Of this othet oarty. ADDENDUM TO GENERAL CONDITIONS 1. Section 7.1 is amended to read as follows: "T.C.T. shall not be liable to client for any existing damage to or defects in the Eden Prairie Community Center." 2. Section 7.2 is stricken. 3. Section 7.3 is stricken. 4. Section 8.1 shall be and remain in force and effect only so long as T.C.T. shall carry public liability and property damage insurance policies in an aggregate amount of not less than $5,000,000. TWIN CITY TESTING AND ENGINEERING LABORATORY, INC. CITY OF EDEN PRAIRIE By By Its Its