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HomeMy WebLinkAboutCity Council - 11/05/1985 • AGENDA • SPECIAL MEETING EDEN PRAIRIE CITY COUNCIL & BOARD OF ADJUSTMENTS & APPEALS TUESDAY, NOVEMBER 5, 1985 6 P.M. SCHOOL ADMINISTRATION BUILDING BOARD ROOM COUNCIL MEMBERS: Gary Peterson, Mayor; Richard Anderson, George Bentley, Patricia Pidcock, Paul Redpath BOARD MEMBERS: Ronald Kruger, Chairman; James Dickey, Hanley Anderson, Richard Lynch, Roger Sandvick I. ROLL CALL II. APPROVAL OF AGENDA III. BOARD OF ADJUSTMENT AND APPEALS ACTIVITY REVIEW - 1982, 1983, Page 2521 1984, 1985 IV. ITEMS FOR DISCUSSION A) Review the Board duties as outlined in Chapter Two of City Code 1) Direction from City Council to Board in applying and interpreting City Code 2) Discuss the definition of an undue hardship as defined in Chapter 2 B) Review Planned Unit Development purpose in relation to PUD variances sent to the Board of Adjustments and Appeals C) Review increasing Board of Adjustments and Appeals membership from 5 to 7 members V. ADJOURNMENT I • City Council Agenda - 2 - Tues.,November 5, 1985 t HOUSING & REDEVELOPMENT AUTHORITY . TUESDAY, NOVEMBER 5, 1985 7:30 PM, SCHOOL ADMINISTRATION BUILDING BOARDROOM HOUSING AND REDEVELOPMENT Gary Peterson, Richard Anderson AUTHORITY MEMBERS: George Bentley, Patricia Pidcock and Paul Redpath HOUSING AND REDEVELOPMENT City Manager Carl J. Jullie, Director AUTHORITY STAFF: of Planning Chris Enger, Finance Director John Frane, City Attorney Roger Pauly and Recording Secretary Karen Michael PLEDGE OF ALLEGIANCE ROLL CALL I. CALL MEETING TO ORDER II. APPROVAL OF MINUTES FROM HRA MEETING HELD TUESDAY, OCTOBER 15, Page 2535 1985 III. PRAIRIE VILLAGE APARTMENTS - Proposed Redevelopment Plan Page 2536 HRA Resolution No. 85-02, making findings and transmitting the Plan to the City Council for approval) IV. RECESS EDEN PRAIRIE CITY COUNCIL AGENDA TUESDAY, NOVEMBER 5, 1985 IMMEDIATELY FOLLOWING HOUSING & REDEVELOPMENT AUTHORITY MEETING 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. PRESENTATION OF DONATION TO THE CITY BY PAW Page 2539 City Council Agenda - 3 - Tues.,November 5, 1985 II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS III. MINUTES A. Joint City Council/Parks, Recreation & Natural Resources Page 2540 romfmission meeting held Tuesday, August s 1985 B. Regular City Council meeting held Tuesday, August s 1985 Page 2543 IV. CONSENT CALENDAR A. Clerk's License List Page 2554 B. CROSSROADS CENTER by Vantage Properties. 2nd Reading of Page 2555 Ordinance No. 26-85, Zoning District Change from C-Regional to C-Regional Service on 2.99 acres, with variances; Approval of Developer's Agreement for Crossroads Center; and Adoption of Resolution 85-244, Approving Summary of Ordinance No. 26-85 and Ordering Publication of Said Summary. 11.4 acres for construction of a commercial center. Location: East side of Highway #169, South and West of Prairie Center Drive. (Ordinance No. 26-85 - Rezoning from C-Regional to C-Regional-Service; Resolution No. 85-244 - Approving Summary and Publication) C. EDEN PLACE APARTMENTS by Tipton Corporation. 2nd Reading of Page 2563 Ordinance No. 30-85, Zoning District Change from Rural to RM-2.5 on 32.8 acres; Approval of Developer's Agreement for Eden Place Apartments; and Adoption of Resolution No. 85-245, Approving Summary of Ordinance No. 30-85 and Ordering Publication of Said Summary. 50.64 acres for 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. 85-245 - Approving Summary and Publication) D. EDEN POINTE APARTMENTS by Eden Pointe Partnership. 2nd Reading Page 2571 of Ordinance No. 33-85-PUD-5-85 Zoning District Change from RM-6.5 to RM-25-PUD-5-85 for 15.3 acres; Approval of Developer's Agreement for Eden Pointe Apartments; and Adoption of Resolution No. B5-246, Approving Summary of Ordinance No. 33-85-PUD-5-85 and Ordering Publication of Said Summary. 15.3 acres for 149 units, Location: Southeast quadrant of Pioneer Trail and Homeward Hills Road. (Ordinance No. 33-85-PUD-5-85 - Rezoning from RM-6.5 to RM-2.5-PUD-5-85; Resolution No. 85-246 - Approving Summary and Publication) E. DATASERV, INC. by Opus Corporation. 2nd Reading of Ordinance Page 2579 No. 34-85, Zoning District Change from Rural to I-2 Park; Approval of Developer's Agreement for DataServ, Inc.; and Adoption of Resolution No. 85-247, Approving Summary of Ordinance No. 34-85 and Ordering Publication of Said Summary 9.56 acres for an office/warehouse/service area. Location: 78th Street and Prairie Center Drive. (Ordinance No. 34-85 - Rezoning from Rural to I-2 Park; Resolution No. 85-247 - Approving Summary and Publication) I City Council Agenda - 4 - Tues.,November 5, 1985 F. Final Plat approval for Carmel Third Addition (Resolution No. Page 2586 ( 85764T { G. Final Plat approval for Eden Place Apartments (Resolution No. Page 2589 85-232T--- H. Final Plat approval for Prairie Village Apartments (Resolution Page 2592 No. 85-253) I. Set Tuesday, December s 1985, as City Council/Watershed Districts Joint Meeting at 6:00 PM J. Purgatory Creek Recreation Plan Page 2595 V. PUBLIC HEARINGS A. EDEN PRAIRIE CONVENIENCE CENTER by K. Charles Development Page 2603 I Corporation. Request for Comprehensive Guide Plan Change from Office to Regional Service, Planned Unit Development Concept Amendment to Lake Idlewild Planned Unit Development, Zoning District Change from Rural to C-Regional-Service, and Preliminary Plat of 2.3D acres for restaurant-tenant retail space. Location: Northwest corner of U.S. Highway No. 169 and Eden Road. (Resolution No. 85-248 - Comprehensive Guide Plan Amendment; Ordinance No. 35-85 - Rezoning from Rural to C- Regional-Service; and Resolution No. 85-25D - Preliminary Plat) B. HOYT TECH 5L 6 & 7 by Technology Park Associates. Request for Page 2637 Planned Unit Development District Review, Zoning District Change from Rural to Office on 3.21 acres and I-2 Park on 9.77 acres, and Preliminary Plat of 17.01 acres. Location: East of Golden Triangle Road and South of West 76th Street. (Ordinance No. 36-85-PUD-6-85 - Rezoning from Rural to Office- PUD-6-85 and from Rural to I-2 Park-PUD-6-85; and Resolution No. 85-25I - Preliminary Plat) C. FLOOD PLAIN ORDINANCE. Amendment to Code and mapping to meet Page 2653 Flood Insurance Rate Map Criteria (Ordinance No. 37-85) D. PRAIRIE VILLAGE APARTMENTS - Proposed Redevelopment Plan Page 2662 Resolution No. 85-243) E. DRAINAGE AND UTILITY EASEMENT VACATION IN PRALLE ADDITION Page 2693 Resolution No. 85-25 5) F. REQUEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE Page 2696 AMOUNT OF $6,200,000 FOR EDEN SQUARE SHOPPING CENTER Resolution No. 85-22T VI. PAYMENT OF CLAIMS NOS. 2338E - 23718 Page 27D8 VII. ORDINANCES & RESOLUTONS VIII. PETITIONS, REQUESTS & COMMUNICATIONS A. William Gilk request for administrative division Page 2716 City Council Agenda 5 - Tues.,November 5, 1985 B. Request from Kelly R. Sharkey to discuss City's Housing Page 2717 Code p f•_ E t-d•"^ IX. REPORTS OF ADVISORY COMMISSIONS /7 fj 'G�•v Q 1t� X. REPORTS OF OFFICERS, BOAROS & COMMISSIONS f • ' A. Reports of Council Members B. Report of City Manager C. Report of City Attorney XI. NEW BUSINESS X. ADJOURNMENT EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, NOVEMBER 5, 19B5 IMMEDIATELY FOLLOWING CITY COUNCIL MEETING HOUSING AND REDEVELOPMENT Gary Peterson, Richard Anderson, AUTHORITY MEMBERS: George Bentley, Patricia Pidcock and Paul Redpath ( HOUSING AND REDEVELOPMENT City Manager Carl J. Jullie, AUTHORITY STAFF: Director of Planning Chris Enger, Finance Director John Frane, City Attorney Roger Pauly and Recording Secretary Karen Michael I. RECONVENE MEETING II. PUBLIC HEARING A. PURCHASE OF PROPERTY FOR ELDERLY HOUSING III. APPROVAL OF PROJECT MANAGEMENT AGREEMENT AND PURCHASE Page 2498 AGREEMENT FOR PRAIRIE VILLAGE LIMITED PARTNERSHIP HRA Resolution & 2718 No. 85-0I) Continued from October 15, 1965. IV. ADJOURNMENT. 1 • f LETTER OF TRANSMITTAL TO: Mayor, City Council & Board of Adjustments and Appeals FROM: Steve Durham, Assistant Planner DATE: October 31, 1965 I. ROLL CALL II. APPROVAL OF AGENDA III. BOARD OF ADJUSTMENTS AND APPEALS ACTIVITY REVIEW OF VARIANCE REQUESTS - • 1982,1983, 1984, 1985 Included in the packet is a booklet entitled "Hoard of Adjustments and Appeals Summary Packet 1982-1985 Action". The booklet lists the variance request number, the date acted upon, the applicant name, street address or • location, the number of variances requested, and the origin of the variance request. The number of variance requests have doubled in the last two years. IV. ITEMS FOR DISCUSSION A. Review of the Board's duties as outlined in Chapter Two of the City Code: Chapter Two, Section 2.11 accurately describes the duties of the Board of Adjustments and Appeals. However, it may be appropriate at this time for City Council to discuss the policy/direction it would like the Board of Adjustments to pursue interpreting the Code for the future. 1. Should the City Code be interpreted literally requiring a demonstrated proven hardship; interpreted moderately on a individual case by case standard, not always requiring a defined hardship; or interpreted loosely, not requiring a proven hardship? Another item for discussion, relating to interpretation of the Code, is the small scale variance request versus the large scale variance request. What approach should the Board take relative to small scale garage, deck, and room additions when no undue hardship is demonstrated: Should the Board be restrictive or lenient in granting variances? In relationship to new large scale development, should the Board be restrictive or lenient. In 95% of new development, the Board takes direction from Planning Commission and City Council. / 2. Definition of an "undue hardship" - The Board members and 4 City Staff are asked frequently by developers and residents what constitutes an undue hardship. Many of the variance requests applied for, are not caused by circumstances unique to the individual property under consideration. What constitutes undue hardship? B. Review Planned Unit Development urpose in relation to PUD Variances sent to the Boar. of Adjustments and Appeals. The purpose of the PUD is to encourage a more creative and efficient • approach to the use of land in the City. In many instances, • variances from the literal provision of the Code are necessary to accomplish a PUD. Currently, PUD's must be 15 acres or more. Many of the variance requests, which the Board reviews, are developments having characteristics of a PUD, but do not meet the 15 acre minimum.Many variances are located within a larger PUD, but cannot be processed as a PUD because of parcel size. The City Council may want to discuss decreasing the PUD size from 15 • acres thereby, reducing the number of variance requests applied for to the Board. A positive outcome of reducing the 15 acre PUD minimum, is reduction in administrative time and reduced development time. It would also decrease the increasing number of variances applied for by properties located within PUD districts. C. Review increasing Board of Adjustments and Appeals membership from 5 to 7 members. The Board has inquired about increasing the number of members from 5 to 7. Many decisions the Board makes are controversial in nature i. and would benefit from a larger body. A larger membership would lessen the pressure on the Board, by spreading the decision process over more people. Increasing the number of members to 7 would improve the review process, should one or more Board members not be able to attend a meeting. The Board members have discussed this issue at several of its meetings. V. ADJOURNMENT BOARD OF ADJUSTMENTS AND APPEALS SUMMARY PACKET 1982 - 1985 * House Moving Number Date • Name Address t '82-1 1/21/82 Harold Schaitberger DBA Flying Cloud Oil Co. 12880 Pioneer Trail 82-2 1/21/82 Sylvester Jacques 18801 Townline Road { 82-3 2/18/82 Kenneth W. Liles 9851 Cromwell Dr. 82-4 2/18/82 Gregory Nelson 16010 Alpine Way • 82-5 3/18/82 Robert J. Eckert 12645 Sunnybrook 82-6 3/ 18/82 Sheraton Inn Lot I B1k. I Eden Glen 82-7 3/18/82 Goodwin Bldgs. Inc. 6904 Jeremy Court 82-8 4/15/82 Leroy Signs Inc. 11000 Prairie'.Lakes *82-9 M 4/15/82 Crandall, RD 9820 Sky Lane Lot 4 Blk.1 Cedar Hills West . /82-10 4/15/82 Menards Lumber 12600 Plaza Dr. 4 82-11 4/15/82 West Prairie Nursery Co. 6231 Baker Rd. 82-12 4/15/82 Geo e Butler Const. 8901 Lyndale Ave. So. 82-13 5/20/82 Richard Sager 7225& 7235 Stewart DR. 82-14 5/20/82 P. & L. Investment Sheraton Inn Lot I Bik 1 Eden Glen *82-I5M 6/17/82 Donald Atkins 18375 Pioneer Trail 13618 Valley View Rd. 82-16 7/15/82 Kevin Amster 15930 Westgate Drive 82-17 7/15/82 Guy K. Treanor 16117 Valley View Rd. 82-18 7/15/82 John & Mary Fabian 13675 James Place *82-19M 7/15/82 Richard L Sather 7701 Commerce Way 82-20 8/19/82 Don Roderick & Son Const.Inc. 1910 Iroquois Dr. Long Lake, Minn. 82-21 8/19/82 Neu-Holmes Concrete Co.,Inc. 13800 E. Wellington Crescent Burnsville, Minn. • *House Moving Number Date Name . Address 82-22 9/20/82 Clean Sweep 9125 Flying Cloud Dr. 82-23 9/15/82 Public Safety 7900 Mitchell Road 82-24 9/15/82 Signcrafter's 15151 Highway 5 j 82-25 9/15/82 W.L. Hall 14800 Martin Drive • 82-26 10/14/82 Michael F. Zimmerman 8217 Hillside Dr. 82-27 10/14/82 Richard Wilson Builders 7610 Heritage Rd. i 8Z-28 1-0/447482 Richard-W—Anderson;Ine. l0300=10360-4,--70 r-St. 82-29 10/14/82 John T. Golle 7039 Willow Creek Rd. 82-30 11/11/82 Geo. A. Butler Const. Co. 8569 Hiawatha Ave. 82-31 11/11/82 Donald P. Revier 14300 & 14302 Golf View /-/3-83 82-32 12/-9/-82 S & S Land Dev. Co. 7575 Corporate Way 82-33 12/9-82 Valley Place Offices Assoc. 9975 Valley View Rd. 82-34 12/9/82 James A. Way 12600 Plaza Drive 82-35 12/9/82 Arthur E. Sethre 7230 & 7240 Stewart Dr. 34c !-13-K3 (. ,j • � . ,� ( r ALPHABETICAL LISTING OF 1983 ., • BOARD OF APPEALS ITEMS FILE NAME NO. REQUEST LOCATION ACTION 1 i A to Z 83-05 Sign Plaza Drive Approve Anderson, R.W. 83-43 0 Lot Line prk. 10230 W. 70, 6968-7000 Wash. Approve Appleside 83-15 Off-site signs Denied Burger King B3-32 % wood on ext. Co. Rd. 4/TH 5 Approve Cherne 83-02 60'hgh park.st. West 78th Approve Crevier 83-38 Acc.bldg.setb. 10965 Fieldcrest Road Denied Edenvale Apts. 83-24 Sign Variance L1, 81, Edenvale 4th Approve Eden Bluffs 83-27 Fr. & side stbk Franlo and Co. Rd. 1 Approve Excel Builders 83-06 Fr. setback 17127 Honeysuckle Lane Approve r Feldman 83-23 Drive setback 18865 Pheasant Circle Denied Firglesten 83-09 Pool setback 8243 Hiawatha Approve Fraser School 83-07 16 residents 12845 Pioneer Trail Approve • G.S.B. 83-04 See Valley Place Offices Hipps Const. 83-17 Fr. setback L7, B3, Edenvale 14 W/drawn Hipps Const. 83-42 Lot size 15230 8uchanan Court Approve Hipps Const. 83-21 L. size, 83-17 L7, B3, Edenvale 14 Approve Hoyt Dev. 83-35 F.A.R.Bach.81g. West 74th Street Approve I.S.D. 83-01 40'H & park.st. Prairie Center Drive Approve Invest. Serv. 83-31 % commercial McKinley Lane Approve Ivers 83-10 Lt.sz. Var. 17221 West 78th Street Approve James Ref. 83-39 70'H & setbk. Bryant Lake Drive Approve Leafer 83-37 Rear setback 8267 Cypress Lane Approve Lee Data 83-08 Sign 7075 Flying Cloud Drive Approve f 1 I Liepke 83-33 Side setback 15208 Scenic Heights Rd. Denied i Lions Tap 83-19 81g.&pkg.setb. 16180 Flying Cloud Drive Approve Lorence Add. 83-14 Park. setback L1, 83 Lorence Add. Approve R. Miller Homes 83-36 Lt. sz. setb. Timber Lakes Drive Approve Mooty 83-12 Side setback 6871 Sand Ridge Road Approve Naegele, R.,Sr. 83-16 Ten.Crt. setb. Willowood Approve Quealy 83-11 Sideyard setb. 15209 Buchanan Ct. Approve Rodberg, Jerry 83-26 House moving 6517 Rowland Road Approve Ryan Const. 83-25 % wood ext. City West Approve Ryan Const. 83-30 Deck setback City West Approve Rymarland 2nd 83-03 Lot frontage 18835 & 18837 Kristie Lane Approve Sandvig 83-22 Fr. yard setb. 6500 Duck Lk. Road Approve Scholl 83-34 Rural Lot size Eden Prairie Road/169 W/drawn r Schaufler 83-40 Side setback 6965 Marian Orive Approve L_ Smith,W.G.Mobil 83-13 Acc.Str.setb. 8051 Flying Cloud Orive Approve Swedlund 83-18 Rural lot size Lk. Riley Road Approve Sween, E.A. 83-41 Outside parking 16107 West 78th Approve Target 83-29 F.A.R./0 Lot Ln Eden Prairie Center Approve Valley P1. Off. 83-04 Pkg.sp. & setb. 9955 Valley View Road Approve Welsh 83-20 34'H, 0 access W. 78th & Prairie Center Dr. Approve Woodcock 83-28 Side Setback 7591 Heron Place W/drawn T oTA-L UFt21Auc.ct c4L t 9'1 �f 3 I I LL V) 0 00 00 00 O W 0 C9 C9 W W CO C W W CO CO 0 0 0 W W CO 1 22 2 zF~-F~-I2..2.•I-I. Z Z Z Z Z I- Z I- 4 z a z-..22.1 CD.• 2 Z Z 2Z ZZ'rZ Z 2 ZZ 2 Z Z 1 C 4 C1D4 40DCC 44M CD ¢J ¢J 44 ,4J co co 4 I ( O> 0. LN 0. CL th Ln 0.0.0.N U) 0. 0. O.O. LL NN 6. V) W U.0 O 4 .-1 NI M CV 4 CV.--1 ID •C O 4 2 9 ]C X Y CO I w 4 I- OD ICCO X I-I- F bZ X U 2 I-= CO CO= I-U Cn F- US2 SUN W L..)4 4Cn W CD 4 F-.0-• W< J W V)4 0 0 CD 4 J NI CO ••J .Ln . 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U 4 O I- Z I- ►• CIJ O Z (N(�,�Z N vUZJZ2J1- UJ 44 LLIW►r►.W= OO CO.O CC O w C -• w W WLL1 O=44=1+.1 C NN1=Nd dN= } 4 3 Y C Ctl OON C C C U.1 4 Y Ol G. O O 410 J J.-1 Z 4k ) 4 4 Z w ""oNe3 Z C OOLLI= _ O 01N OC.D CJ 4 rnrn4= f— z I- •CJ CJ Z W CO .+CJ CC 2 4 N .LLI =f O..-+ C3 c[OZ -J CC 4 C3 Z m J O W C CJ •� J 4 to •f CCJ4 C• U 4:4Z, CO f 0 u.l 1-- in Ln Ln Ln Ln CO CO CO CO CO I 1 I I 4 4 4 C 4 till •-1..i .-1.--, . C .+.-y.r.r I — Lu LOn Cn OI O mJ *0'c*0'*0' II z 11 1 I I ` LC)Ln Ln LC) Le) CO CO CO CO CO 1 1 VARIANCE DECISION GUIDELINES REASONS FOR GRANTING A VARIANCE Strict enforcement of the code would mean undue hardship. There does not exist any other reasonable use of the property. There are circumstances unique to the individual property not caused by owner. • The granting of the variance will be in keeping with the character of the locality. The variance request is in keeping with the spirit and intent of the Code. REASONS FOR DENYING A VARIANCE No undue hardship has been demonstrated. Reasonable use of the land already exists. The property does not possess any unique circumstances which would warrant a variance. The requested variance will alter the character of the locality. The granting of such a variance is not in keeping with the spirit and intent of the Code. • • t n' UNAPPROVED MINUTES / SPECIAL MEETING t HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, OCTOBER 15, 1985 IMMEDIATELY FOLLOWING COUNCIL MEETING - 12:35 AM HRA MEMBERS: Gary D. Peterson, Richard Anderson, George Bentley. Patricia Pidcock and Paul Redpath HRA STAFF: City Manager Carl J. Jullie, Director of Planning Chris Ender, Finance Director John 0. Frane, City Attorney Roger Pauly, and Record- ing Secretary Karen Michael I. CALL MEETING TO ORDER The Meeting was called to order by acting chairman Gary Peterson. II. ELECTION OF OFFICERS Gary Peterson was nominated for Chairman, Paul Redpath was nominated for Secretary. MOTION: Bentley moved, seconded by Anderson, to close the nominations and to cast a unanimous ballot for Gary Peterson as Chairman and Paul Redpath as Secretary of the Housing and Redevelopment Authority. Motion carried unanimously. III. APPROVAL DF MINUTES FROM HOUSING & REDEVELOPMENT AUTHORITY MEETING HELD SEPTEMBER 7, 1982 MOTION: Redpath moved, seconded by Bentley, to approve the Minutes of the Housing and Redevelopment Authority Meeting held September 7. 1982, as published. Motion carried unanimously. IV. APPROVAL OF PROJECT MANAGEMENT AGREEMENT AND PURCHASE AGREEMENT FOR PRAIRIE VILLAGE LIMITED PARTNERSHIP (HRA Resolution No. 85-01) MOTION: Bentley moved, seconded by Pidcock, to continue this item to the November 5, 1985, meeting of the Housing and Redevelopment Authority. Motion carried unanimously. V. ADJOURNMENT MDTION: Anderson moved, seconded by Bentley to adjourn the meeting at 12:40 a.m. Motion carried unanimously. tf RESOLUTION ARA$S{a2 RESOLUTION Resolution of the Housing and Redevelopment Authority in and for Eden Prairie, Minnesota, approving the Redevelopment Plan entitled "Prairie Village Redevelopment Plan and Tax Increment Plan", dated October , 1985. WHEREAS, the Housing and Redevelopment Authority in and for Eden Prairie, Minnesota, (the Authority) , has now caused to be prepared a Redevelopment Plan for a Redevelopment Project for the Outlots B and C of Gonyea 4th Addition of Eden Prairie, Minnesota (the project area) , entitled "Prairie Village Redevelopment Plan", dated October , 1985(the plan); and WHEREAS, the plan has been prepared with the cooperation and assistance of the appropriate City departments; and WHEREAS, the Authority has transmitted the plan to the Planning Commission of the City of Eden Prairie for its study, and has requested the written opinion of the Planning Commission on the plan, all. pursuant to Minnesota Statutes 462.515; and WHEREAS, the Planning Commission has now studied and considered said plan, which consists of: Description of Redevelopment Project Area, Project Administration, Development Activities, A'5:lp • r Goals and Objectives, Relationship to Local Objectives, Descrip- tion of Public Development Activities, Site Preparation, Urban Design Guidelines, Developer's Obligations, and Relocation Program. NOW, THEREFORE, be it resolved by the Authority that, having considered the plan, and the advice of the Planning Commission, that it does find that: 1. The plan provides an outline for the development and re- development of the project area and is sufficiently complete to indicate the relationship of the plan to the objectives of the City of Eden Prairie as to appropriate land uses within the project area, and to indicate the general land uses and general standards of development or redevelopment within the project area; and 2. The project area is land or space which is vacant, unused and underused within the meaning of Minnesota Statutes 426.421, Subdivision 13(3); and 3. The project proposed by the plan, may be developed at a cost reasonably related to the public purpose to be served with- out major residential clearance activities, and with full consideration of the preservation of beneficial aspects of the urban and natural environment, for such uses as are consistent with emphasis on housing for low and moderate income families; and -2- E Ai 4. The land in the project area would not be made available R j for redevelopment or development without the financial aid to be sought and as proposed by the plan; and 5. The plan affords maximum opportunity for the development and redevelopment of the project area by private enterprise, consistent with the sound needs of the locality as a whole; and 6. The objectives and purpose of the plan conform to, and are consistent with the City of Eden Prairie Comprehensive Plan and planning objectives previously, from time to time, established by the Planning Commission and the City Council of the City of Eden Prairie for the development of the project area and the locality as a whole. i FURTHER BE IT RESOLVED, the Authority hereby adopts the Plan and forwards it to the City Council for appropriate action. DULY ADOPTED BY THE AUTHORITY this day of , 1985. Chairman —— — Secretary -3- uI "y RENNI-II f11NCi1OSF WOLSFELD JAM15. C.AHDNER INC • 1HRESIILR SOUARE • MI September 10, 1985 City of Eden Prairie Attn: Carl Jufile, City Manager 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 RE: Eden Prairie Rescue Squad Dear Mr. Jul lie: On August 8, Mr. Gary Erickson who is our Senior Engineer assigned to our pro- jects in Eden Prairie was involved in a very serious accident at a construction site in Eden Prairie. The collision of his car and an earthmover resulted in serious injuries to Gary. The situation had every potential to become a fatal accident but fortunately it did not. Gary is rapidly recovering from his injuries and we expect him to be back at work in a 2 to 3 weeks. BRW, its owners and all of the staff want to express their gratitude to the Eden Prairie Rescue Squad. We feel that Gary's survival and positive prognosis is in great measure the result of the fast response and skill of the Rescue Squad. On arrival on the scene the Eden Prairie Rescue Squad immediately took pre- cautionary measures to insure that no further injury would occur to Gary and worked diligently at relieving the pressure on his legs in their efforts to remove the heavy equipment from his automobile. We believe that through their care and dedication in performing a very difficult task in a professional manner the Eden Prairie Rescue Squad very likely saved Gary's life and further took care to see to it that he would be able to walk again. BRW would like to make a donation of $500.00 to the Rescue Squad and to provide them with an appropriate plaque commerating our appreciation for the effort. Please call me and let me know how we should proceed with this donation and with the appropriate recognation of the Rescue Squad. Sincerely yours, BENNETT-RINGROSE-WOLSFELD-JARVIS-GARDNER, INC. Donald W. Ringrose 7144.4 President DAVIDJ.BENNETT DONALD W RINGROSE RICHARD P WOLSFELD PETER E.JARVIS LAWRENCEJ.GARDNER THOMASP CARROLL ARNOLDJ.ULLEVIG CRAIG A AMUNDSEN DONALD E.HUNT MARE G.SWENSON JOHNS MCNAMARA GARY J.ERICKSON DONALD L CRAIG MINNEAPOLIS DENVER BRECKENRIDGE PHOENIX UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL SPECIAL MEETING TUESDAY, AUGUST 6, 1985 6:00 PM, SCHOOL ADMINISTRATION BOARDROOM CITY COUNCIL MEMBERS: Mayor Gary D. Peterson, Richard Anderson, George Bentley, Patricia Pidcock and Paul Redpath PARKS, RECREATION & NATURAL RESOURCE Chairman Mary Jessen, Raiford Baker, Pat Breiten- COMMISSION MEMBERS: stein, Moe Cook, Gary Gonyea, Jerry Kingrey and Charles Shaw CITY STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, Director of Community Services Robert Lambert, Superintendent of Rec- reation Chuck Pappas, and Recording Secretary Karen Michael I. ROLL CALL Commission members Moe Cook and Gary Gonyea were absent. II. APPROVAL OF AGENDA MOTION: Redpath moved, seconded by Anderson, to approve the Agenda with the addition of III. H. Round Lake Study Proposal. Motion carried unanimously. III. ITEMS FDR DISCUSSIDN (See attached memorandum dated July 24, 1985) A. Expectations of Council Regarding Commission Review of Development Projects Peterson asked if the Commission was satisfied that it received for review all the projects it felt it should. Director of Community Services Lambert reviewed the procedures used in determining whether a project was reviewed by the Parks, Recreation & Natural Resources Commission and said he felt comfortable with the manner in which it is accomplished. Anderson said he was concerned because often the Parks, Recreation & Natural Resources Commission did not review a proposal until the evening before a City Council Meeting which meant the Council did not have an opportunity to review the Minutes of the Commission Meeting. Lambert said this happened largely because the Parks Commission does not review proposals until after they have been recommended for approval by the Planning Commission. If the proposal were to be continued so the Council would have the Commission Minutes, it would mean a delay of two to three weeks which proponents do not look at kindly. Bentley said he felt a handout regarding the major issues of discussion by the Commission would be helpful. Pidcock said she would like to have a synopsis of the reasons for the vote of the various Commission members. Anderson said he felt the importance of reading the minutes was that they indicated the basis for the decision making. Special CityCouncil Meeting -2- August 6 1985 P 9 I Jessen noted that all proposals for development are not reviewed by j the Parks, Recreation & Natural Resources Commission and did the Council agree with this procedure. The consensus of the Council was that this method of operation was acceptable. B. City Needs Study Committee Recommendations Bentley stated he would like to see the Parks, Recreation & Natural Resources Commission take an active role in telling the City Council where it should go with the recommendations made by the City Needs Study Committee. Anderson said he felt strongly that the City's trailways should be developed and a long-range plan should be developed regarding the trails. Kingrey said he felt the Miller Park was dependent on the extension and alignmem of TH 212. He asked if the City really knows what is going to be done regarding this highway through Eden Prairie. City Manager Jullie said no funding has been identified for this project. He noted that NSP wants an easement along the right-of-way. Lambert said he would like to see the State determine the exact highway alignment. C. Philosophy of Council and Commission Regarding Continued Growth of the Park System Compared with Growth of the Community Pidcock asked what types of programs are planned for those who are not softball and soccer players. D. City Transportation Trail System Anderson said he would like to see the Parks, Recreation & Natural Re- sources Commission responsible for trails and the provision of trails so people could get to the City's schools and parks. Kingrey noted that the Cardinal Creek area is an example of what Anderson is talking about -- the Park Commission should look at providing a safe crossing as well. Redpath said this issue has been discussed from time to time with the School Board. Redpath said he did not know if it would be a benefit to the City Council if the Parks, Recreation & Natural Resources Com- mission were to turn down a proposal based on the fact it did not have an adequate crossing to a school or park or not a trail to serve it. Pidcock asked whether or not a bridge could be built over Baker Road. Bentley said the question was who would build and pay for the bridge. Lambert discussed the safety issues regarding the use of the far-right sides of County Road 4 for bikers and hikers. Anderson noted that this was done in both Minnetonka and Hopkins. Lambert indicated that Eden Prairie had a trail system far superior to either Hopkins or Minne- tonka in terms of pedestrian and bicycle safety and hoped the Council would not use the Hopkins/Minnetonka system as a model for future trails. , Special City Council Meeting -3- August 6, 1985 E. Updating the Comprehensive Park Plan F. Special Facility Needs - Purgatory Creek Area, Municipal Golf Course, Etc. G. Selection Process of Commission Members Items E., F., and G. were continued to the next meeting due to time constraints. H. Round Lake Study Proposal Lambert reported on a meeting he had had with people from the University of Minnesota regarding Round Lake. He stated the goal is to have Round Lake as a very good lake for catching pan fish. He said that the best way to implement that goal is now being presented and that is to treat the lake again as was done several years ago and then to stock the lake with 90% male sunfish, walleyes and bass. Lambert said that "full treat- ment" would mean killing off the lake again. Shaw spoke to the process • and its effectiveness. (This item was also on the Council Agenda later • in the evening.) IV. ADJOURNMENT Mayor Peterson thanked the Commission for the work it is doing and said the Council will again meet with the Commission later in the year, The meeting was adjourned at 7:20 p.m. •\ �1 I UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 6, 1985 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM COUNCIL MEMBERS: Mayor Gary D. Peterson, Richard Anderson, George Bentley, Patricia Pidcock and Paul Redpath CITY COUNCIL STAFF: City Manager Carl J. Mlle. Assistant to the City Manager Craia Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Ser- vices Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael PLEDGE OF ALLEGIANCE ROLL CALL: All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: IX. D. 2. Round Lake Study Proposal and X. C. 1. Landfill Update. ( The following items were removed from the Regular Agenda and placed on the Consent Calendar: VII. C. became III. R. Request for August 20 1985 hearing date by Welcome Home to appeal decision rendered July 25 by the Board of Ap.eals & Adjustments on Variance Request No. B5-26 and V I. E. became III. S. Request for hearing date of August 20. 1985, by Midwest Asphalt corporation to appeal decision rendered July 11 by the Board of Appeals & Adjustments on Variance Request No. 85-24. MOTION: Redpath moved, seconded by Bentley. to approve the Agenda and Other Items of Business as amended and published, Motion carried unanimously. II. MINUTES A. City Council Meeting held Tuesday, May 21. 1985 MOTION: Bentley moved, seconded by Redpath. to approve the Minutes of the City Council Meeting held Tuesday, May 21, 1985, as published. Motion carried unanimously. B. Special Joint City Council/Human Rights & Services Commission Meeting held Tuesday, June 4, 1985 MOTION: Bentley moved, seconded by Anderson, to approve the Minutes of the Special Joint City Council/Human Rights & Services Commission Meeting held Tuesday, June 4, 1985, as published. Motion carried unanimously. :tr City Council Minutes -2- August 6, 1985 III. CONSENT CALENDAR A. CITY WEST CONVENTION CENTER by the Kahler Corporation. 2nd Reading of Ordinance No. 39-84, zoning district change from Rural to Commercial Regional Service, with variances, for 5.5 acres for a Hotel-Convention Center, approval of Developer's Agreement for City West Convention Center, and adoption of Resoltuion No. 85-187, approving Summary of Ordinance No. 39-84 and ordering publication of Said Summary. Location: northeast quadrant of City West Parkway and County Road 61. (Ordinance No. 39-84 - rezoning and Resolution No. 85-187 - authorizing Summary and publication) B. AUTUMN WOODS 3rd ADDITION by Trumpy Homes. 2nd Readina of Ordinance No. 14-85, zoning district change from Rural to R1-9.5 on 2.64 acres, RM-6.5 to R1-9.5 and 2.37 acres, approval of Developer's Agreement for Autumn Woods 3rd Addition. and Adoption of Resolution No. 85-139, approving Summary of Ordinance 14-85 and ordering publication of Said Summary. 5.01 acres into twelve single family lots. Location: east of Highway #101, north of Chicago, Milwaukee, St. Paul, and Pacific Railroad. (Ordinance No. 14-85 - rezoning and Resolution No. 85-139 - authorizing Summary and Publication) C. PARKWAY APARTMENTS by Bar-Ett Construction Company. 2nd Reading of Ordinance No. 21-85, zoning district change from Rural to RM-2.5 on 35.9 acres, approval of Developer's Agreement for Parkway Apartments and adoption of Resolution No. 85-189, approving Summary of Ordinance No. 21-85 and ordering publication of Said Summary. 35.9 acres into five lots for construction of five, 73- unit apartment buildings Location• east of Mitchell Road and east of Chestnut Drive. (Ordinance No. 21-85 - rezoning and Resolution No. 85-189 - authorizing Summary and Publication) D. Request for Approval of Final Payment on Grading Franlo and Eden Valley Parks E. Request for Approval of Final Payment on Staring Lake Park Trail Phase III F. Request to Watershed District for Stream Water Maintenance of Riley Creek G. Clerk's License List H. Set Tuesday, October 1, 1985, 6:00 PM, for Joint Meeting with the Historical & Cultural Commission I. Receive Petition for Street Improvements Adjacent to Eames Addition and Authorize Preparation of a Feasibility Report, I,C. 52-082 (Resolution No. 85-176) - continued from 7-16-85 - Removed from Agenda at the Proponent's reques J. Receive 100% petition for creek crossing at Golden Triangle Drive and authorize preparation of plans and specifications, 1.C, 52-081 (Resolution No. 85-181) K. Receive 100% petition for street and utility improvements for Chestnut Drive extension into Parkway Apartment complex and authorize preparation of plans and specifications, I.C. 52-084 (Resolution No. 85-182) L. Approve Special Assessment agreement with Mr. and Mrs. Marshall and authorize Mayor and Manager to execute document City Council Minutes -3- Auaust 6, 1985 M. Final Plat approval for Paulsen's 2nd Addition (Resolution No. 85-183) (. N. Final Plat approval for Shady Oak Center (Resoltuion No. 85-184) 0. Change Order No. 2, Carmel Addition. I.C. 52-059 P. Resolution No. 85-186, restricting parking on Preserve Boulevard between Anderson Lakes Parkway and Preserve Center Drive Q. Request from Earl More R. Request for August 20, 1985, hearing date by Welcome Home to appeal decision rendered July 25 by the Board of Appeals & Adjustments on Variance Request No. 85-26 - formerly VII. C. S. Request for hearing date of August 20. 1985, by Midwest Asphalt Corporation to appeal decision rendered July 11 by the Board of Appeals & Adjustments on Variance Request No. 85-24 - formerly VII. E. City Manager Jullie noted that item I. had been removed from the Consent Calen- dar at the request of the proponent. MOTION: Anderson moved, seconded by Redpath, to approve items A - H and J - S on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. HAMPTON INN by Eden Prairie Hotel Investors. Request for zoning district change from C-Regional to C-Regional Service for 2.69 acres, with variances to be reviewed by the Board of Appeals, for a hotel. Location: west of Highway 169, south of Valley Veiew Road, east of Highway 5. (Ordinance No. 24-85 - rezoning) City Manager Jullie noted the Council had voted at its July 16th meeting to reconsider the item. Notice of this Public Hearing was published and property owners in the project vicinity were notified. Wally Hustad, Sr. spoke to the request. Peterson asked if there was another entrance into this area, Hustad said there was not; the possibility does exist for another entrance due to the elevations, but none has been designated. Pidcock expressed concern about the entrance becoming jammed with traffic. Planning Oirector Enger stated there was a possiblity that the pedestrian access could be used as an emergency access. Pidcock questioned this as being the highest and best use of the property. Hustad said they felt this was the highest and best use: he said he felt it was necessary for the community to have a variety in the type of hotels available. Pidcock asked if Staff felt this was the highest and best use. Enger said he thought a full-service restaurant would also be a good use. He said he felt to make a determination as to whether or not this was the highest and best use of the property was "getting into a grey area." City Council Minutes -4- August 6, 1985 Pidcock expressed concern as to whether there was adequate room on the property for a motel. Hustad said they did not think they were overusing this site; they were not trying to crowd the site. Hustad said this area needs about six motels/hotels in order to be competitive. Pidcock said she was still concerned about getting the highest and best use on this property. Hustad said they had considered all the alternatives and felt this is the best use and is in the best interest of the community. Redpath asked about the architecture and the colors to be used. Enger said that since the architecture is so different between the Residence Inn and the proposed Hampton Inn he felt it was a good idea to have similar colors, Bentley noted he had voted in favor of this proposal the first time around and that he would do so again. He said he would favor an emergency access as well as a divided entrance to the property. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No, 24-85, rezoning, Motion carried with Pidcock abstaining. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Developer's Agreement per Commission and Staff recommendations with the addition of the following: increasing the number of plantings as indicated by Hustad (including those around the Brock Residence Inn), provisions for an emergency entrance to the site, and a divided access/ egress for the site. Motion carried with Pidcock abstaining. B. HIGHWAY #10I - VALLEY VIEW ROAD by the City of Eden Prairie. Request for a zoning district change from Rural to R1-22 on six lots totalling 3.62 acres. Location• the northeast corner of Highway #101 and Valley View Road. (Ordinance No. 29-85 - rezoning) City Manager Jullie said the City is requesting a zoning district change for six lots from Rural to R1-22; these lots were thought to be zoned properly, but were not. Development on these lots has conformed to the R1-22 requirements. Planning Director Enger stated the Planning Commission had reviewed this request at its Meeting on July 22, 1985, at which time it voted to recommend approval. Enger noted these lots had not been previously zoned and this action would be in conformance with the Comprehensive Guide Plan, There were no comments from the audience. MOTON: Anderson moved, seconded by Pidcock, to close the Public Hearing and to give 1st Reading to Ordinance No. 29-85, Motion carried unanimously, �rJ'o City Council Minutes -5- August 6, 1985 V. PAYMENT OF CLAIMS NOS. 21668 - 22029 MOTION: Anderson moved seconded by Pidcock to approve the Payment of Claims Nos. 21668 - 22029. Roll call vote: Anderson, Bentley, Pidcock, Redpath, and Peterson voted "aye." Motion carried unanimously, VI. ORDINANCES & RESOLUTIONS A. Round Lake Surface Ordinance (Ordinance No. 28-85) Director of Community Services Lambert spoke to his memorandum of July 24, 1985, which addressed the purpose of the ordinance. Anderson noted there would be no sound pollution or gas pollution with electric motors. Lambert said the only exceptions to electric trolling motors would be for emergencies, use by pontoons, and the DNR. Anderson expressed concern that residents might question the City's use of gas motors not fully knowing the background and reasons. Pidcock and Bentley concurred. Bentley suggested the City look into having an electric motor on the City's pontoon boat. There were no comments from the audience. MOTION: Bentley moved, seconded by Pidcock, to give 1st Reading to Ordinance No. 28-85, an Ordinance of the City of Eden Prairie, Minnesota, amending City Code Chapter 9 by renumbering present Section 9.63 as 9.64, and by re- numbering present Section 9.64 as 9.65, and by adding Section 9.63 relating to regulation of the use of Round Lake: and adopting by reference City Code Chapter 1 and Section 9.99 which, among other things, contain penalty pro- visions. Motion carried unanimously, VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Ed Brion regarding house construction at 6485 Grandview Avenue City Manager Jullie noted Staff had been working on this matter and had hoped to resolve the issues. Jullie said a Developer's Agreement had been prepared which Brion stated he wished to discuss with his builder prior to signing it. Jullie said Staff felt the matter was resolved; however, if Brion did not sign the Developer's Agreement he could appear before the City Council at its next meeting. MOTION: Bentley moved, seconded by Pidcock, to table Brion's request, Motion carried unanimously. B. Grading revisions for Edenvale 9th Addition Planning Director Enger stated there was a request from Equitable for revisions to their grading plan for the Edenvale 9th project; they wish to modify the eastern end of the plan, Oennis Marhula, engineer for the project, addressed the request, '�nU" City Council Minutes -6- August 6, 1985 Bentley asked if the proponent had a site-specific proposal at this time, Marhula said they did not. Bentley said there was no way in which he would vote in favor of any excavating or grading on the top of that hill without seeing a plan first. Redpath concurred and noted that the Council had requested such plans from Equitable from time to time. Marhula indicated two grading permits have been issued for that site. Enger reviewed the history of this proposal over the past three years; he noted a master grading plan had been approved by the Council some time ago. Anderson said he was upset about the whole situation, He said the top of the knoll was to be saved but the developer had taken down the trees and now is requesting to take off the top of the hill. Bentley stated that the Council, as a rule, does not allow pre-site grading. He said this is one of the most visible areas of the City. Bentley said he still believes development on this site should be 50% office use. Anderson said he would like to go back and look at the Minutes of the meeting at which this issue was previously discussed. He indicated he was very disappointed in having this request come before the Council. Redpath said he would have to see what was going in before he made a decision regarding the grading. Marhula said this is a very difficult piece of property to market; it is the premier site in this area but is very difficult to market in its present state. There were no comments from the audience. MOTION: Anderson moved, seconded by Pidcock. to deny the request for revisions to the Edenvale 9th Addition grading plan; to direct Staff to investigate the amount of gravel removed to date to determine if it is more than what was agreed to previously, and to have the Council provided with the original approvals and Minutes regarding this proposal. Motion carried unanimously. C. Request for August 20, 1985. hearing date by Welcome Home to appeal decision rendered July 25 by the Board of Appeals & Adjustments on Variance Request No. 85-26 - moved to Consent Calendar as item III. R. D. Request from Christopher 1. Kittler, City Curb Painting Service, to paint house number on steps or curbs in the City of Eden Prairie at the expense of property owners, and inquiring if the City at a cost of $4.00 per house would contract with him to paint numbers on all houses in the City of Eden Pairie at City expense City Manager Jullie called attention to Kittler's letter to John D. Frane in which this issue was addressed. Jullie noted the City had received several calls from residents reaarding this since the curb painting is in City right-of-way. • . f i City Council Minutes -7- August 6, 1985 Kittler addressed the request and reviewed the process which has been in use to acquaint homeowners with his service. Pidcock asked about the usefullness of painted curbs when there is snow cover for a number of months. Kittler said use would be minimal unless the steps on the house were painted. Redpath said he was not in favor of having the entire City done at City expense since there were a number of areas in the City where there are no curbs. Bentley said he thought it was an enterprising idea but said he felt the notice was very deceptive and made it appear that it was a City project. Peterson asked if Kittler would be required to go through a certain process to proceed with his venture. City Attorney Pauly said that if the curbs are to be painted that would be on City property. Peterson said it seemed that people could have the numbers painted on their steps if they so desired. He also felt the advertising was misleading. MOTION: Pidcock moved, seconded by Anderson, to deny permission to paint house numbers on curbs in Eden Prairie. Motion carried unanimously. E. Request for hearing date of August 20, 1985, by Midwest Asphalt Corporation to appeal decision rendered July 11 by the Board of Appeals & Adjustments on Variance Request No. 85-24 - moved to Consent Calendar as item III. S. VIII. REPORTS OF ADVISORY COMMISSIONS A. Recycling Advisory Committee Final Report Carlton Moore, Chairman of the Committee, reviewed the report and its recommendations. Bentley said the idea of establishing this Committee was to see what might be able to be done to this end in the City of Eden Prairie. Bentley said he was concerned that there was no mention made of doing a pilot program. He said he had concerns about a City-wide program. He said he would like to have the Council review this and come back in about a month. Peterson said he would like to have more information about a collection program particularly since there was not much interest shown by the recycling firms who are in this business. Moore said there are four to six firms in the metropolitan area who are in the recycling business and each of them has its flaws. Anderson said that the more he gets into the landfill situation, the more he sees a need for us to find some alternatives. He said he would like to see additional recommendations. He said he would like to find some alter- natives via a pilot program in a pilot area. Redpath asked if Moore was aware of the Minority Report. Moore said he was. He said this is a volatile industry with a number of problems within it. Moore said he was disappointed that those Committee members who are in the business did not show up at the meetings, City Council Minutes -8- August 6 1985 Peterson asked if the Committee would consider the possibility of a municipal arrangement. Moore said it would and noted that most of the cities which offer recycling are already in the garbage collection business. Bentley said the Council must look at 1) should we have a recycling cling program, 2) is there a feasible method to do this, 3) what form should this Peterson asked if the Committee could reassemble and come back to the City Council in 45 days or so regarding a pilot project and how that might be handled in the City. He said he could not vote for a pilot program unless he knew there was a hauler available. Bentley said he did not think there was anything that could be done yet because there was not enough information. He said Assistant to the City Manager Dawson had recommended working with neighboring communities and Bentley concurred this was a good idea. Anderson said he would like to see the local haulers given an opportunity to get into recycling. MOTION: Redpath moved, seconded by Pidcock, to accept the report of the Recycling Committee and to ask the Committee to continue its work for a few more months to come up with a pilot program along with a time line for implementation of such a program, Motion carried unanimously. IX. APPOINTMENTS There were none. X. REPORTS OF OFFICERS. BOARDS & COMMISSIONS A. Reports of Council Members There were no reports. B. Report of City Manager 1. Bid tabulation for copier MOTION: Anderson moved, seconded by Redpath to authorize Staff to execute an agreement with International Business Machines, Inc. for a five-year lease/purchase of an IBM Series III Model 60 copier per the terms stated in its bid proposal dated July 19, 1985, Motion carried unanimously, C. Report of City Attorney 1. Landfill Update City Attorney Pauly reported on the most recent developments regarding the landfill. He said the 1) contaminants were discovered after which the PCA suspended its review process for the issuance of a permit. The PCA has now joined the proponent in studying the problem. The City Council Minutes -9- August 6. 1985 City has requested the Metropolitan Council to reconsider its recom- mendation relative to the permit process. The Metropolitan Council has referred this to a committee which will meet on August 13th. 2) the landfill capacity was reached as of last week and the County j. has indicated it is going to close it down. Pauly said the County's Board of Comissioners had today recommended a temporary expansion of the landfill for an additional 300 acre feet. Pauly said the PCA's capacity has also been reached and BFI must get its approval also. Pauly stated the permit process is on hold pending a report from the operator stating how the contamination can be contained. Anderson asked what the City's alternatives are at this time. Pauly said to continue with the hearing process and to make a decision to either approve or disapprove the permit process. Pauly said the City could contest any temporary permit and/or challenge the authority to do so without the EIS process and the City could pursue the matter with the Metropolitan Council in getting it to change its recommenda- tion to the PCA. Pidcock asked if the City was looking into hiring an inspector. City Manager Jullie said this is being looked into, Pidcock said the City could, ideally, shut the landfill down but this would not be realistic. She said she thought this was in the political arena at this time. Anderson said there is active pollution occurring right now. Everyone is caught in a bind. He said he felt the Council owed the residents the responsibility for taking this to the end; the Council should not give up now. Bentley said he felt the City should stress these concerns: contamin- ants, reduction in size of the expansion, and the compensation package. He also said he felt the County must be willing to have its name on the line also. Redpath agreed and said he hoped the permit issuers would put some teeth in their permits. He said it is now time for some restrictions to be placed on the permits. Anderson asked if the City could request a plan to reduce the pollution as a condition of negotiation. Peterson said he felt there should be no discussion prior to the August 13th meeting of the committee of the Metropolitan Council; the City is going to have a landfill but it must be able to negotiate at the right time. Peterson noted there are people in the neighborhood of the land- fill who feel there should be no discussion other than regarding closure while others are concerned about the compensation package. Bentley said he thought it was best to find a solution in a systematic way. There should be no discussion, no negotiation, until the PCA has ti determined that it is a safe place. Y" f 3 City Council Minutes -10- August 6, 1985 0. Report of Director of Community Services 1. Miller Park Concept Plan Director of Community Services Lambert addressed his memorandum of August 1. 1985, in which this issue was discussed. Redpath expressed concern about the traffic which would use Timber Lakes Drive. Pidcock asked about the time table for this park. Lambert said the City Study Needs Committee recommended this be included in a referendum which would go before the residents in 1987. Gary Soderberg, President of the Eden Prairie Baseball Association objected to having only four youth baseball fields. He would like to see at least one more youth field added by 1990 when more fields will be needed. He referred to recommendations included in the City Needs Study. Rita Rove, 7988 Island Road, expressed concern about the amount of traff,._ on Timber Lakes Trail as a result of this park. She said she would like to see the property left in a very natural state and not have the City spend $4 million on this. Anderson said he felt this was an excellent concept plan. Pat Minton, 7994 Island Road, said he was against removing the naturalness of this area. He indicated this is a chance for the City to create a passive, natural area. He said he was opposed to a boat launch area on Mitchell Lake. He said this area could be approached from the west via 82nd Street. Minton noted this is an area with heron and egret rookeries. Peterson asked to what extent the area to the north would be screened from the lights from the ballfields. Lambert said there would be no way to screen the lighting and that was why the lighted ballfields are shown to be on the southern portion of the park. Pidcock said she would like to see part of this area retained in its natural state -- particularly those areas where birds nest. Anderson noted that at the time this land was purchased it was to be used as a passive park. He said he is pleased with the proposed use and feels it fulfills the needs of the community. Andy Freachette, representing the Baseball Association, asked if this would be available for Little League play. Lambert said he did not think so. City Council Minutes -11- August 6, 1985 MOTION: Anderson moved seconded by Bentley, to approve the {" Miller Park Concept plan. Motion carried unanimously. \ MOTION: Anderson moved. seconded by Pidcock, to authorize Staff to explore the costs of obtaining land for acquisition to the park and for road right-of-way. Motion carried unanimously. MOTION: Anderson moved, seconded by Pidcock, to direct Staff to check with the School District as to whether or not they have any plans to build a school in this area and, if so, perhaps a school could be built in connection with the park. Motion carried unani- mously. 2. Round Lake Study Proposal The Round Lake Study proposal was discussed at a meeting of the City Council/Parks, Recreation & Natural Resources Commission which was held prior to this City Council Meeting, Director of Community Services Lambert reviewed the options available to the Council regarding Round Lake: there could be full, partial or no treatment. MOTION: Redpath moved, seconded by Anderson, to recommend full treatment for Round Lake as outline by Director of Community Services Lambert, Motion carried unanimously. E. Report of Director of Public Works There was no report. XI. NEW BUSINESS There was none. XII. ADJOURNMENT MOTION: Pidcock moved, seconded by Anderson, to adjourn the meeting at 12:25 a.m. Motion carried unanimously. • { • • CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST November 5, 1985 CONTRACTOR (MULTI-FAMILY & COMM.) HEATING & VENTILATING The Tipton Corporation H. Conrad Mfg. Co. R & E Nelsen Plumbing & Heating CONTRACTOR (1 & 2 FAMILY) GAS FITTER DJB Builders, Inc. Discher Construction, Inc. R & E Nelsen Plumbing & Heating J. N. Illie's Homes, Inc. Kee Construction, Inc. Merle's Construction PRIVATE KENNEL • Terrance D. Murphy Const. R. B. Construction, Inc. Richard Sentz 12650 Sunnybrook Road S & M Builders, Inc. Robert Waade & Associates VENDING Woodsmen Construction, Inc. Pau liana, Inc. PLUMBING Burkhardt Plumbing Cherry Plumbing P. P. Plumbing R & E Nelsen Plumbing & Heating These licenses have been approved by the department heads responsible for the licensed activity. cct ite: Pat Sole, Licensing x'a i Crossroads Center • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 26-85 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 C-Reg District and be placed in the C-Reg-Ser Oistrict. 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-Reg-Ser District, and the legal descriptions of land in each District referred to 1'. in City Code, Section 11.03, Subdivision 1, Subparagraph B, 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 1 entirety, by reference, as though repeated verbatim herein. j Section 5. The land shall be subject to the terms and conditions of •i that certain Developer's Agreement dated as of November 5, 1985, entered into between Vantage Companies, a Texas Corporation, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Drdinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of July, 1985, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 5th day of November, 1985. ATTEST: John D. Frane, City Clerk- Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of . ( 2 6, ( , Exhibit A LEGAL DESCRIPTION FOR CROSSROADS CENTER REZONING That part of Outlot B, GOLDEN STRIP ADDITION, according to the plat on file or of record in the office of the County Record, Hennepin County, Minnesota described as follows: Commencing at the most northerly corner of said Outlot B; thence South 59 degrees 48 minutes 28 seconds East, assumed basis for bearings, 212.49 feet, along the northwesterly line of said Outlot B; thence South 61 degrees 22 minutes 22 seconds West 51.00 feet, along said northwesterly line, to the point of beginning; thence continuing South 61 degrees 22 minutes 22 seconds West 37D.13 feet along said northwesterly line; thence southwesterly 196.95 feet along said northwesterly line on a tangential curve, concave to the northeast, radius 1834.86 feet, and central angle 6 degrees 09 minutes 00 seconds; thence North 34 degrees 57 minutes 21 seconds West 14.49 feet, along said northwesterly line; thence South 51 degrees 25 minutes 26 seconds !Jest 46.54 feet, along said northwesterly line; thence South 38 degrees 34 minutes 31 seconds East 230 feet, along said northwesterly line; thence North 58 degrees 17 minutes 52 seconds East 205.10 feet; thence North 61 degrees 22 minutes 22 seconds East 370.10 feet; thence North 28 degrees 37 minutes 38 seconds West 218.00 feet to the point of beginning. PLATTING: That part of Out lots B and F, GOLDEN STRIP, according to the plat on file or of record in the office of the County Recorder, together with part of vacated Golden Strip Drive, formerly platted as Media Lane and vacated per resolution R82-169, all in Hennepin County, Minnesota, described as follows: Beginning at the most northerly corner of said Outlot B; thence South 59 degrees 48 minutes 28 seconds West, assumed basis for bearings, 212.49 feet, along the northwesterly line of said Outlot 3; thence South 61 degrees 22 minutes 22 seconds West 42I.13 feet, along said northwesterly line; thence southwesterly 196.95 feet along said northwesterly line on a tangential curve, concave to the southeast, radius 1834.86 feet, and central angle 6 degrees 09 minutes 00 seconds; thence North 34 degrees 57 minutes 21 seconds West 14.49 feet, along said northwesterly line; thence South 51 degrees 25 minutes 26 seconds West 111.54 feet, along said northwesterly line and its extention: thence South 38 degrees 34 minutes 31 seconds East 278.00 feet; thence Southeasterly 231.56 feet along a tangential curve, concave to the northeast, radius 617.20 feet, and central angle 21 degrees 29 minutes 47 seconds; thence southeasterly 472.01 feet along a compound curve, concave to the northeast, radius 780.86 feet, and central angle 34 degrees 38 minutes 01 seconds; thence South 43 degrees 12 minutes D5 seconds East 72.02 feet to the easterly line of said Outlot B; thence northerly along said easterly line to the point of beginning. =-c7 Crossroads Retail Center DEVELOPER'S AGREEMENT { THIS AGREEMENT, made and entered into as of , 1985, by Vantage Properties, Inc., a Texas corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from Commercial-Regional to Commercial-Regional-Service, on 2.99 acres, for construction of a commercial center, and Preliminary Plat approval of 11.4 acres into one lot, one outlot, and road right-of-way, situated in Hennepin County, State of Minnesota, . more fully described in Exhibit A, attached hereto and made a part 'hereof, said entire 11.4 acres hereinafter referred to as the "platted property," and said 2.99 acres hereinafter referred to as the "commercial center property;" NOW, THEREFORE, in consideration of the City adopting Ordinance #26-85, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall develop the commercial center property and the platted property in conformance with the materials revised and dated , 1985, reviewed and approved by the City Council on July 16, 1985, and attached hereto as Exhibit 8, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the commercial center property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to issuance of any building permit upon the commercial center property, Developer shall submit to the City Engineer, and receive the City Engineer's approval of plans for streets, sanitary sewer, t water, storm sewer, and erosion control for the property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 4. Prior to issuance of any building permit upon the commercial center property, Developer shall submit to the Director of Planning, and receive the Director's approval of: A. Detailed plans indicating building elevations and showing a continuation of the same building materials, including brick, metal panel, glass, and stucco, and architectural treatment around, and into, the service areas of the building. B. Detailed plans for landscaping of the commercial center property, which demonstrate screening of parking areas from Highway #169. City and Developer agree that said plan shall provide for complete screening of the first tier of parking adjacent to Highway #169, and as much as possible, the second tier of parking, adjacent to the structure. C. Detailed plans showing the method of screening to be used for the rooftop mechanical units of the structure. Said method shall reflect materials which are architecturally compatible with the exterior materials of the structure to be built on the commercial center property. D. Detailed plans showing the schematics for signage of the site, designating areas of the building plan for signage, with criteria for wall-mounted signs regulating type of sign (i.e. individual letters, internally lit, etc.) size, and color ranges, and indicating the location of free-standing signs for the commercial center property. E. Detailed plans indicating the location of five-foot wide, five-inch thick concrete sidewalks along the north side of the Viking Drive extension from the driveway of the commercial center property, as depicted on Exhibit 8, attached hereto, to Highway #169. Upon approval by the Director of Planning, Developer agrees to construct, or cause to be constructed, those improvements listed above, as approved by the Director of Planning. 5. Developer agrees to notify the City and the Watershed District at least 48 hours in advance of any grading, or tree removal, on the commercial center property or the platted property. 6. Developer agrees that there shall be no alteration of the the commercial center property, or the platted property, including no removal, or cutting, of trees, prior to issuance of a grading 1 71C permit. Alteration of the commercial center property, or the platted property, prior to issuance of a grading permit is in violation of City Code Section 11.55. If alteration occurs prior to issuance of the grading permit, the City may require the Developer to restore the commercial center property and the platted property to its original condition prior to issuance of a grading permit for the commercial center property, or the platted property. 7. Developer agrees to confine grading to that area of the commercial center property and the platted property within the construction limits as approved by the City. Developer shall place snow fencing at the construction limits within the wooded areas of the commercial center property and/or the platted property prior to any grading upon the commercial center property or the platted property. Prior to issuance of any grading permit, Developer shall submit to the Director of Planning and receive the Director's approval of a tree inventory of all trees on the commercial center property and on the platted property, indicating the size, type, and location of all trees twelve (12) inches in diameter, or greater, at a level 4.5 feet above ground level. If any such trees are removed, damaged, or destroyed outside of the construction area, Developer agrees that prior to issuance of any building permit for the commercial center property or the platted property, Developer shall submit to the Director of Planning, and receive the Director's approval of a replacement plan for all trees removed, damaged, or destroyed outside of the construction area. Developer further agrees that said trees shall be replaced by similar tree species and that the trees used for replacement shall be no less than four inches in diameter. The trees shall be replaced using an area inch per area inch basis, according to the area of the circle created by a cross sectional cut through the diameter of a tree as measured 4.5 feet above the ground, with an equal number of area inches in new trees. If a tree replacement plan is required, Developer agrees to, prior to issuance of any building permit, submit a bond, or letter of credit, guaranteeing completion of all tree replacement work as approved by the Director of Planning. The amount of the bond, or letter of credit, shall be 150% of the approved estimated cost of implementation of all tree replacement work and shall be in such form and contain such other provisions and terms as may be required by the Director of Planning. Developer agrees to prepare and submit for approval to the Director of Planning a written estimate of the costs of the tree replacement work to be completed. Upon approval by the Director of Planning, Developer shall implement, or cause to be implemented, those improvements listed above in said plans, as approved by the Director of Planning. B. Developer agrees to that 104 caliper inches of trees beyond the City Ordinance requirement, to be removed from the platted property, shall be replaced on the commercial center property, or on the 1 • platted property, or on adjacent properties within the Southwest Crossings Planned Unit Development as depicted in Exhibit 0, attached hereto, and made a part hereof. Developer shall submit a tree replacement plan to the Director of Planning, and receive the Director's approval of said plan, concurrent with application to the City for development of the platted property, or the adjacent properties within the Southwest Crossings Planned Unit Development, as depicted in Exhibit D. 9. Developer agrees that the future restaurant site of the platted property shall be no more than 7,500 sq. ft. in order to effect a decrease in generated traffic for the platted property. 10. Developer agrees that prior to future development of any additional portion of the platted property, beyond the commercial center property, Developer shall submit to the City Engineer and Director of Planning, and receive the approval of the City Engineer and Director of Planning, detailed plans for right-turn and left-turn lane access into the commercial center property. City agrees that construction of said turn lanes is not necessary as of the date of this agreement. The need for said turn lanes shall be as determined by the City Engineer and the Director of Planning, in their sole discretion. Upon determination of need for said turn lanes, and upon the approval of plans for said turn lanes by the City Engineer and the Director of Planning, Developer agrees to construct, or cause to be constructed, those improvements for said turn lanes as approved by the City Engineer and the Director of Planning, in accordance with Exhibit C, attached hereto. 11. Developer agrees that, at the time of construction of any additional portion of the platted property, beyond the commercial center property, Developer shall submit to the Director of Community Services, and receive the Director's approval of plans for five-foot • wide, five-inch thick sidewalks along the remaining portions of the north and south sides of the Viking Drive extension which are not constructed as part of the development of the commercial center property as listed in item #4E., above. Upon approval by the Director of Community Services of plans for said sidewalks, Developer agrees to construct, or cause to be constructed, those plans as approved by the Director of Community Services, in accordance with Exhibit C, attached hereto. Crossroads Center CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-244 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 26-85 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 26-85 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of November, 1985; NOW, THEREFORE, BE IT RESOLVED 8Y THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: • A. That the text of the summary of Ordinance No. 26-85, 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 I shall be posted in the City Hall. D. That Ordinance No. 26-85 shall be recorded in the ordinance book, along with proof of publication required by paragraph 8 herein, within 20 days after said publication. ADOPTEO by the City Council on November 5, 1985. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk ^.,7�� • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 26-85 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE I 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 Highway #I69, south and west of Prairie Center Drive, known as Crossroads Center, 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.) • Eden Place Apartments CITY OF EOEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 30-85 AN OROINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING EACH DISTRICT, ANDI,AAOOPTINGCING IT IBYN A AMENDING REFERENCE NOTHER, CITY CODE CHAPTER SECTION1 THE LEGAL S AND PCOFNS LANO IN 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, OROAINS: 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 RM-2.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Oistrict and shall be included hereafter in the RM-2.5 Oistrict, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Oefinitions 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 Oeveloper's Agreement dated as of November 5, 1985, entered into between Tipton Corporation, a Minnesota corporation, 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 3rd day of September, 1985, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 5th day of November, 1985. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHEO in the Eden Prairie News on the day of Exhibit Al Description Eden Place Apartment That part of Outlot B, RESEARCH FARM ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota described as follows: Beginning at the northeast corner of said Outlot B; thence on an assumed bearing of South along the east line of said Outlot B a distance of 479.49 feet; thence southerly 106.17 feet along a nontangential curve, concave to the east, having a radius of 803.94 feet and a central angle of 07 degrees 33 minutes 59 seconds, the chord of said curve bears South 03 degrees 47 minutes West; thence on a bearing of South,tangent to last described curve, 704.96 feet; thence South 43 degrees 48 minutes 20 seconds West 53.80 feet; thence South 89 degrees 36 minutes 30 seconds West 393.64 feet; thence South 03 degrees 23 minutes 30 seconds East 15.00 feet; thence South 89 degrees 36 minutes 30 seconds West 359.40 feet; thence westerly 324.49 feet along a tangential curve, concave to the north, having a radius of 768.51 feet and a central angle of 24 degrees 11 minutes 31 seconds; thence South • 23 degrees 48 minutes 01 seconds West, not tangent to last described curve, 10.00 feet; thence northwesterly 508.04 feet along a nontangential curve, concave to the northeast, having a radius of 778.51 feet and a central angle of 37 degrees 23 minutes 25 seconds, the chord of said curve bears North 47 degrees 30 minutes 17 seconds West; thence North 28 degrees 48 minutes 34 seconds West, tangent to last described curve, 607.09 feet; thence northwesterly 9.20 feet along a tangential curve, concave to the southwest,having a radius of 858.51 feet and a central angle of 00 degrees 36 minutes 50 seconds; thence North 60 degrees 34 minutes 36 seconds East, not tangent to last described curve, 10.00 feet; thence northwesterly 241.98 feet along a nontangential curve, concave to the southwest, having a radius of 868.18 feet and a central angle of 15 degrees 57 minutes 49 seconds, the chord of said curve bears North 37 degrees 24 minutes 19 seconds West, to the intersection with the westerly line of said Outlot B; thence northeasterly and northwesterly along the west line of said Outlot B to the intersection with the north line of said Outlot B; thence easterly along the north line of said Outlot B to the point of beginning. Containing 50.64 acres. • t � Exhibit A2 • nescription Rezoning Purposes That part of Outlot B, RESEARCH FARM ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota described as follows: Beginning at the northeast corner of said Outlot B; thence on an assumed bearing of South along the east line of said Outlot B a distance of 479.49 feet; thence southerly 106.17 feet along a nontangential curve, concave to the east, having a radius of 803.94 feet and a central angle of 07 degrees 33 minutes 59 seconds, the chord of said curve bears South 03 degrees 47 minutes West; thence on a bearing of South, tangent to last.described curve, 704.96 feet; thence South 43 degrees 48 minutes 20 seconds West 53.80 feet; thence South 89 degrees 36 minutes 30 seconds West 393.64 feet; thence South 00 degrees 23 minutes 30 seconos East 15.00 feet; thence South 89 degrees 36 minutes 30 seconds West 180.00 feet to a point hereinafter referred to as point "A"; thence continue South 89 degrees 36 minutes 30 seconds West 179.40 feet; thence westerly 324.49 feet along a tangential curve, concave to the north, having a radius of 768.51 feet and a central angle of 24 degrees 11 minutes 31 seconds; thence South 23 degrees 48 minutes 01 seconas West, not tangent to last described curve, 10.00 feet; thence northwesterly 508.04 feet along a nontangential curve, concave to the northeast, having a radius of 778.51 feet and a central angle of 37 degrees 23 minutes 25 seconds, the chord of said curve bears North 47 degrees 4 30 minutes 17 seconds West; thence North 28 degrees 48 minutes 34 seconds West, tangent to last described curve, 607.09 feet; thence northwesterly 9.20 feet along a tangential curve, concave to the southwest, having a raaius of 858.51 feet and a central angle of 00 degrees 36 minutes 50 seconds; thence North 60 degrees 34 minutes 36 seconds East, not tangent to last described curve, 10.00 feet; thence northwesterly 241.98 feet along a nontangential curve, concave to the southwest, having a radius of 868.18 feet and a central angle of 15 degrees 57 minutes 49 seconds, the chord of said curve bears North 37 degrees 24 minutes 19 seconds West, to the intersection with the westerly line of said Outlot B; thence northeasterly and northwesterly along the west line of said Outlot B to the intersection with the north line of said Outlot 8; thence easterly along the north line of said Outlot B to the point of beginning. Lying westerly of the following described line: Beginning at the above mentioned point "A"; thence northeasterly 217.98 feet along a nontangential curve, concave to the east, having a raaius of 657.33 feet and a central angle of 19 degrees 00 minutes 00 seconas, the chora of said curve bears North 09 degrees 06 minutes 30 seconds East; thence North 18 degrees 36 minutes 30 seconds East, tangent to last described curve, 90.00 feet; thence northerly 321.00 feet along a tangential curve, concave to the west, having a raaius of 562.57 feet and a central angle of 32 degrees 41 minutes 33 seconas; thence North 14 degrees 05 minutes 03 seconds West, tangent to last described curve, 165.00 feet; thence northeasterly 586.68 feet along a tangential curve, concave to the east, having a radius of 1425.00 feet and a central angle of 23 degrees 35 minutes 20 seconas to the intersection with the north line of said Outlot 8 and there terminating. Containing 32.80 acres. } • Eden Place Apartments • DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1985, by Tipton Corporation, a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from Rural to RM-2.5 on 32.8 acres and Preliminary Plat of 50.64 acres into two lots, two outlots, and road right-of-way for construction of 496 apartment units, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said 50.64 acres hereinafter referred to as "the property;" NOW, THEREFORE, in consideration of the City adopting Ordinance #30-84, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: • 1. Developer shall develop the property in conformance with the materials revised and dated , 1985, reviewed and approved by the City Council on September 3, 1985, and attached hereto as Exhibit 8, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Developer agrees that, concurrent with and as part of the final plat, Developer shall dedicate the land area within the scenic easement, as depicted on Exhibit 8, attached hereto, to the City. 4. Prior to release of the final plat by the City, Developer agrees to submit to the City Engineer, and receive the City Engineer's approval of the following: A. Revised plans for streets, indicating appropriate right-of- way widths for all public streets, including the final alignment of Research Road, on the property. B. Detailed storm water drainage, erosion control, and utility plans. Upon approval by the City Engineer, Developer agrees to construct, or cause to be constructed, those improvements listed above in said plans, in accordance with Exhibit C, attached hereto, as approved by the City Engineer. 5. Developer agrees to notify the City and the Watershed District at least 48 hours in advance of any grading, or tree removal, on the property. Prior to issuance of any permit for grading upon the property, Developer agrees to implement erosion control measures and adequate protective measures for areas to be preserved and areas where grading is not to occur, and to receive City approval of said measures. Prior to approval by the City, the Developer must call for on-site inspection of the property by the City, and defects in materials and workmanship in the implementation of said measures shall then be determined by the City. Defects in materials or workmanship shall then be corrected by the Developer, reinspected and approved by the City prior to issuance of the grading permit by the City. Approval of materials and workmanship may be subject to such conditions as the City may impose at the time of acceptance. 6. Developer agrees to confine grading to that area of the property within the construction limits as shown on Exhibit B. Developer shall place snow fencing at the construction limits within the wooded areas of the property prior to any grading upon the property. Prior to issuance of any grading permit, Developer shall submit to the Director of Planning and receive the Director's approval of a tree inventory of those trees within the construction area and within 25 ft. outside of the construction area, indicating the size, type, and location of all trees twelve (12) inches in diameter, or greater, at a level 4.5 feet above ground level. If any such trees are removed, damaged, or destroyed outside of the construction area, Developer agrees that prior to issuance of any building permit for the property, Developer shall submit to the Director of Planning, and receive the Director's approval of a replacement plan for all trees removed, damaged, or destroyed outside of the construction area. Developer further agrees that said trees shall be replaced by similar tree species and that the trees used for replacement shall be no less than six inches in diameter. The amount of trees to be replaced shall be determined by the Director of Planning, using a square inch per square inch basis, according to the area of the circle created by a cross sectional cut • through the diameter of a tree as measured 4.5 feet above the ground. If a tree replacement plan is required, Developer agrees that, prior • to issuance of any building permit, to submit a bond, or letter of credit, guaranteeing completion of all tree replacement work as approved by the Director of Planning. The amount of the bond, or letter of credit, shall be 150% of the approved estimated cost of implementation of all tree replacement work and shall be in such form and contain such other provisions and terms as may be required by the Director of Planning. Developer agrees to prepare and submit for approval to the Director of Planning a written estimate of the costs of the tree replacement work to be completed. Upon approval by the Director of Planning, Developer shall implement, or cause to be implemented, those improvements listed above in said plans, as approved by the Director of Planning. • 7. Prior to issuance of any building permit upon the property, Developer agrees to submit to the Director of Planning, and receive the Director's approval of the following: A. Detailed plans for lighting on the property. 8. Detailed plans for signage on the property. C. Detailed samples of all the exterior materials for the structures on the property. Upon approval by the Director of Planning, Developer agrees to implement, or cause to be implemented, those improvements listed above in said plans, as approved by the Director of Planning. 8. Prior to issuance of any building permit upon the property, Developer agrees to submit to the Director of Community Services, and receive the Director's approval of the following: A. Detailed plans for a five-foot wide concrete sidewalk along both sides of Garden Lane and along both sides of Overview Road. 8. Detailed plans for an eight-foot wide bituminous trail along both sides of Research Road. • C. Detailed plans for an internal five-foot wide concrete sidewalk and pedestrian systems between the recreational areas and buildings to the public sidewalks and trail systems listed in A. and 8., above. Upon approval by the Director of Community Services, Developer agrees to construct, or cause to be constructed, those improvements listed above in said plans, in accordance with Exhibit C, attached hereto, as approved by the Director of Community Services. Eden Place Apartments g CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-245 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 30-85 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 30-85 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of November, 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. 30-85, 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. 30-85 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 November 5, 1985. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk n,rl� ,.co, CITY OF EDEN PRAIRIE HENNEPIN CDUNTY, MINNESOTA t ORDINANCE NO. 30-85 AN ORDINANCE DF 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, 1 WHICH, AMDNG OTHER THINGS, CONTAIN PENALTY PROVISIDNS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summar This Ordinance allows rezoning of land located north of Research Road, and east of Purgatory Creek, known as Eden Place Apartments, from the Rural District to the RM-2.5 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.) Eden Pointe { CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 33-85-PUD-5-85 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 CDUNCIL 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 RM-6.5 District and be placed in the Planned Unit Development 5-85- RM-2.5 District (hereinafter "PUD 5-85-RM-2.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of November 5, 1985, entered into between Eden Pointe Partnership and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement is contains the terms and conditions of PUD 5-85-RM-2.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 5-85-RM-2.5 is not in conflict with the goals of the Guide Plan of the City. B. PUD 5-85-RM-2.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code, which are contained in PUD 5-85-RM-2.5, are justified by the design of the development described therein. D. PUD 5-85-RM-2.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is, removed from the RM-6.5 District and shall be included hereafter in the Planned Unit Development 5-85-RM-2.5 District, and the legal descriptions of land in each district referred to in City Code Section 11.D3, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its f passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1st day of October, 1985, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 5th day of November, 1985. ATTEST: Sohn D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of . n Exhibit A • Legal Description Outlot H, MILLCREEK 1ST ADDITION, Hennepin County, Minnesota. • • Ii r�3 i Eden Pointe PUD-DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1985, by EDEN POINTE PARTNERSHIP, a Minnesota partnership, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development District Review Amendment and Zoning District Change from RM-6.5 to PUD-5-85-RM-2.5 on 15.28 acres and Preliminary Plat of 15.28 acres into one lot for construction of 143 units, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said 15.28 acres hereinafter referred to as "the property;" NDW, THEREFORE, in consideration of the City adopting Ordinance ii33-85-PUD- 5-85, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall develop the property in conformance with the materials revised and dated , 1985, reviewed and approved by the City Council on October 1, 1985, and attached hereto as Exhibit 8, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to release of the final plat by the City, Developer agrees to submit to the City Engineer, and receive the City Engineer's approval of detailed storm water drainage, erosion control, and utility plans. Upon approval by the City Engineer, Developer agrees to construct, or cause to be constructed, those improvements listed above in said plans, in accordance with Exhibit C, attached hereto, as approved by the City Engineer. 4. Prior to issuance of any grading or building permit on the property, Developer agrees to submit to the Director of Planning and receive the Director's approval of: A. A modified landscape plan indicating a minimum evergreen tree size of eight feet in height and an increase of planting materials between Buildings 7, 8, and 9, as depicted on Exhibit B, attached hereto. B. Detailed site plans and elevation plans for the garages and recreation building, including exterior materials to be used. C. Color samples of exterior materials for the entire development. D. Detailed overall lighting and signage plans. Upon approval by the Director of Planning, Developer agrees to construct, or cause to be constructed, those improvements listed above as approved by the Director of Planning. 5. Developer agrees to notify the City and the Watershed District at least 48 hours in advance of any grading, or tree removal, on the property. Prior to issuance of any permit for grading upon the property, Developer agrees to implement erosion control measures and adequate protective measures for areas to be preserved and areas where grading is not to occur, and to receive City approval of said measures. Prior to approval by the City, the Developer agrees to call for on-site inspection of the property by the City, and defects in materials and workmanship in the implementation of said measures shall then be determined by the City. Defects in materials or workmanship shall then be corrected by the Developer, reinspected and approved by the City prior to issuance of the grading permit by the City. Approval of materials and workmanship may be subject to such conditions as the City may impose at the time of acceptance. 6. Developer agrees to confine grading to that area of the property within the construction limits as shown on Exhibit B. Developer shall place snow fencing at the construction limits within the wooded areas of the property prior to any grading upon the property. Prior to issuance of any grading permit, Developer shall submit to the Director of Planning and receive the Director's approval of a tree inventory of those trees within the construction area and within 25 ft. outside of the construction area, indicating the size, type, and location of all trees twelve (12) inches in diameter, or greater, at a level 4.5 feet above ground level. If any such trees are removed, damaged, or destroyed outside of the construction area, Developer agrees that prior to issuance of any building permit for the property, Developer shall submit to the • Director of Planning, and receive the Director's approval of a replacement plan for all trees removed, damaged, or destroyed outside of the construction area. Developer further agrees that said trees shall be replaced by similar tree species and that the trees used for replacement shall be no less than six inches in diameter. The amount of trees to be replaced shall be determined by the Director of Planning, using a square inch per square inch basis, according to the area of the circle created by a cross sectional cut through the diameter of a tree as measured 4.5 feet above the ground. If a tree replacement plan is required, Developer agrees that, prior to issuance of any building permit, Developer shall submit a bond, or letter of credit, guaranteeing completion of all tree replacement work as approved by the Director of Planning. The amount of the bond, or letter of credit, shall be 150% of the approved estimated cost of implementation of all tree replacement work and shall be in such form and contain such other provisions and terms as may be required by the Director of Planning. Developer agrees to prepare and submit for approval to the Director of Planning a written estimate of the costs of the tree replacement work to be completed. Upon approval by the Director of Planning, Developer shall implement, or cause to be implemented, those improvements listed / above in said plans, as approved by the Director of Planning. • • Eden Pointe Apartments CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINN€SOTA RESOLUTION NO. 85-246 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 33-85-PUD-5-85 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 33-85-PUD-5-B5 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of November, 1985; NDW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 33-85-PUD-5-85, 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. 8. That said text shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-paint 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. 33-85-PUD-5-85 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADDPTED by the City Council an November 5, 1985. Gary 0. Peterson, Mayor ATTEST: oshn D. Frane, City Clerk • /25-17 CITY OF EDEN PRAIRIE // HENNEPIN COUNTY, MINNESOTA t_ ORDINANCE NO. 33-85-PUD-5-85 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESLRiPTIONS OF LAND j IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY COOE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summar This Ordinance allows rezoning of land located at the southeast quadrant of County Road #1 (Pioneer Trail) and Homeward Hills Road, known as Eden Pointe Apartments, from the RM-6.5 Oistrict to the PUD-5-85-RM-2.5 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.) lnYi DataSery CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 34-85 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 I-2 Park District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Oistrict and shall be included hereafter in the 1-2 Park 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 November 5, 1985, entered into between Opus Corporation, a Minnesota corporation, 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 15th day of October, 1985, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 5th day of November, 1985. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of • 251 • • Exhibit A IS , NlN4I LEGAL DESCRIPTION OF LOT 1.BLOCK 1.DATASERV BUSINESS CENTER • (UNRECORDED) That part of the West Reif of the Northwest Quarter of the Northwest Qtheast Quarter of Section 15, Toownship 116, Range 22,nHennepin d tha r all in county. Minnesota described set Commencing at the northeast corner of said Section 151 thence on an assumed bearing of South 00 degrees 06 minutes 23 seconds East along the • east line of the Northeast Quarter of said Section 15 a distance of 156.70 feet to the point of beginning of the tract to be described: thence southwesterly on a nontangentiai curve concave to the Southeast, having9se a radius andf aOchord feet, of 166.38 central feet which boars south degrees 6032 degreesminutes 10 m9 seconds, • minutes 21 seconds West an and distance of 166.62 teen; thence South 54 degrees 53 minutes Si seconds Meat 229.92 feet:; degrees South 35 degrees 06 minutes 09 seconds fast 441.26 feet: thence on a tangential curve; seecays to the northeast, having a radius of 10115.92 feet and a central angle of 20 degrees 00 minutes 50 seconds an arc distance of 409.32 feet: thence South 55 degrees 07 minutes 07 seconds East 516.70 feet to the south line of the West Half of the Northeast Quarter of the Northwest Quarter of said Section 14: thence North 89 degrees as minutes 38 seconds Fast along said south line 63.71 feet to the southeast corner of said West Half: thence North 00 degrees 09 minutes 06 seconds West along the • east lino of said West Half 1141.03 feet to the South right of way line of West 78th Street; tnence South 89 degrees 21 minutes 33 seconds West along said right of way line 189.01 feet; thence continuing along said right of way line on a tangential curve concave to the south, having a • radius of 5599.59 fest and a central angle of 2 degrees 49 minutes 34 seconds an arc distance of 276.19 feet; thence continuing along said right of way line North 03 degrees 28 minutes 00 seconds West 55.00 feet; • thence continuing along said right of way line en a non tangential curve, a to the south, nosing a radius of 5654.54 tact, a central angle of 1 ndegree Oe minutes 09 seconds and a chord of 90.94 feet which bears South 86 degrees el minutes 55 seconds West an arc distance of 98.94 feet; thence on a nontangential curve, concave to the southeast, having a radius of 904.93 feet, a central angle of 7 degrees 19 minutes 59 seconds and a chord of 115.74 feet which bears South 69 degrees 06 minutes ae seconds West an arc distance of 115.82 toot to the point of beginning. which lies northerly of the following described line: 99 Commencing at the southeast corner of the West Half Of the Northwest Quarter of the tlorthvest Quarter of said Section 14r thence North 00 degrees 09 minutes 06 sec onds HOnt a distance of 700.00 feet to the point • of beginning of the line bo described; thence South 89 degrees 50 minutes 54 seconds West a distance of 556.70 feet: thence South 54 degrees 53 minutes 51 oecende West a distance of 240.09 feet and there terminating• LEGAL OESCRIPTION, That part of the ilest half of the Northwest Quarter of the Northwest Quarter • • heast of Ileneep County,Section in ohinnesotatdescribedQuarter ass o4 Section 15, all in Tovnehlo 116, Ranee 22 Commencing at the northeast corner of said Section 15; thence on an assumed hearing of South 00 degrees 06 minutes 23 seconds East along the oast mine of the Northeast Ouarter of said Section 15 a distance of 156.70 feet to the mint of beginnine e• the tract to he described' thence southwesterly 0 e u e nontangential curve concave to the Southeast, having a radius of g04.93 feet, a central angle of in degrees 32Am nutes 59 seconds, and a chord of 166.18 feet which bears South 60 degrees 10 m1 eetrs 1 • ends test a d;stanee of 166.62 feet; thence South 54 decrees 51n n 2 51 s seconds west 228.82 feet: thence South 15 degrees 66 minutes ee seconds Cast 4.1.26 • feet; thence on .neenti.ii curves concave to the northeast, having,.n'.ldiws ofn- 1555.92 feet and n central angle of20 greee 00 n outes 50 seconds a r. e of 400.12 feet: thence South 55 decrees 07 m,nu en, 07 seconds e list 5'16,7n feet to the ti ,th line of the Nest half of they Northwest t Quarter of the northwest Quarter of - tJ Section 14; thence 161m h 88 0 r VHS 44 minutes J8 seconds East .11nng s -oath I1 e1.71 feet th., southeast corner of sa;d West left thence Sertn 00 d _s 09net,note. 06 seconds Vest along then east line of •.aid hest calf I151.01 feet te e - South right-of-way line of elect 7nth Street; thence south U9 degrees 21 msnutos 11 eecn end,Nest along said right-of-way li • 188.01 feet; thence cantles no along said right-of-way line e , taneentiai Ge i e concave a to the south. h.av inq a cad;t,s of 159'1-58 feet .And a'fent ra I angleef 2 decrees as ninutes 31 seconds an arc,'cis Lance or 276,19 reef: teonog continusng alone said r cnt-of-w.iv ling'.ortrl el degrees 28 note, 00 seconds West 55.00 fret, thence rr,ntinutnq alone said rioht-df-eaY line non tangential curve, concave to the south, navinq a radius of 5654.5E tort, a on angle of 1 degree 00 minutes 09 seconds and a chord 0f 98.94 feet vetch bears Soucy 86 .logrres Ot minutes 55 'seconds West an arc distance of 58.94 feet: i7ancel on a nntangentlal curve, concave to the Southeast, having a radius of 904.91 fort. a central angle of 7 19 minutes 59 seconds and a chord o1 115.74 feet which tears South 69 degrees 06 minutes 48 seconds West an arc distance of 115.32 feet to the point of beginning. _ .. • ,1 -?/1 DataSery DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1985, by Opus Corporation, a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from Rural to 1-2 Park for 10.6 acres for construction of a building for office/warehouse purposes, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the property;" NOW, THEREFORE, in consideration of the City adopting Ordinance #34-85, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1 1. Developer shall develop the property in conformance with the materials revised and dated , 1985, reviewed and approved by the City Council on October 15, 1985, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to issuance of any building permit upon the property, Oeveloper shall submit to the City Engineer, and receive the City Engineer's approval of plans for streets, sanitary sewer, water, storm sewer, and erosion control for the property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 4. Developer agrees to notify the City and the Watershed District at least 48 hours in advance of any grading, or tree removal, on the property. Prior to issuance of any permit for grading upon the property, Developer agrees to implement erosion control measures and adequate protective measures for areas to be preserved and areas where grading is not to occur, and to receive City approval of said measures. Prior to approval by the City, the Developer must call for on-site inspection of the property by the City, and defects in materials and workmanship in the implementation of said measures shall then be determined by the City. Defects in materials or workmanship shall then be corrected by the Developer, reinspected and approved by the City prior to issuance of the grading permit by the City. Approval of materials and workmanship may be subject to such conditions as the City may impose at the time of acceptance. 5. Developer agrees to confine grading to that area of the property within the construction limits as shown on Exhibit 8. Developer shall place snow fencing at the construction limits within the wooded areas toward the south and southwest portions of the property prior to any grading upon the property. Prior to issuance of any grading permit, Developer shall submit to the Director of Planning and receive the Director's approval of a tree inventory of those trees within the construction area and within 25 ft. outside of the construction area, indicating the size, type, and location of all trees twelve (12) inches in diameter, or greater, at a level 4.5 feet above ground level. If any such trees are removed, damaged, or destroyed outside of the construction area, Developer agrees that prior to issuance of any building permit for the property, Developer shall submit to the Director of Planning, and receive the Director's approval of a replacement plan for all trees removed, damaged, or destroyed outside of the construction area. Developer further agrees that said trees shall be replaced by similar tree species and that the trees used for replacement shall be no less than six inches in diameter. The amount of trees to be replaced shall be determined by the Director of Planning, using a square inch per square inch basis, according to the area of the circle created by a cross sectional cut through the diameter of a tree as measured 4.5 feet above the ground. If a tree replacement plan is required, Developer agrees that, prior to issuance of any building permit, to submit a bond, or letter of credit, guaranteeing completion of all tree replacement work as approved by the Director of Planning. The amount of the bond, or letter of credit, shall be 150% of the approved estimated cost of implementation of all tree replacement work and shall be in such form and contain such other provisions and terms as may be required by the Director of Planning. Developer agrees to prepare and submit for approval to the Director of Planning a written estimate of the costs of the tree replacement work to be completed. n a • Upon approval by the Director of Planning, Developer shall implement, or cause to be implemented, those improvements listed above in said plans, as approved by the Director of Planning. b. Prior to issuance of any building permit upon the property, Developer agrees to submit to the Director of Planning, and receive the Director's approval of: A. Samples of exterior building materials. B. Detailed overall lighting and signage plans. C. A modified grading plan indicating maximization of berm heights at a three-to-one (3/1) slope along Prairie Center Drive and West 78th Street. Upon approval by the Director of Planning, Developer agrees to construct, or cause to be constructed, those improvements listed above, as approved by the Director of Planning. 7. Prior to issuance of any building permit upon the property, Developer agrees to submit to the Director of Community Services, and receive the Director's approval of detailed plans for an eight- foot wide bituminous trail along the south side of West 78th Street from which a sidewalk connection shall be made to the interior pedestrian sidewalk system connecting to the main entrance of the structure. Upon approval by the Director of Community Services, Developer agrees to construct, or cause to be constructed, the improvement listed above, as approved by the Director of Community Services, in accordance with Exhibit C, attached hereto. is DataSery CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION ND. 85-247 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 34-85 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 34-85 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of November, 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. 34-85, 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. 34-85 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 November 5, 1985. • Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 34-85 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: Sunmar : This Ordinance allows rezoning of land located at West 78th Street and Prairie Center Drive, known as DataServ, from the Rural District to the I-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.) • • n4.t5 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-254 A RESOLUTION APPROVING FINAL PLAT OF CARMEL THIRD ADDITION WHEREAS, the plat of Carmel Third 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 Carmel Third Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated October 25, 1985. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. D. 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 November 5, 1985. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT IN 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: October 25, 1985 SUBJECT: CARMEL THIRD ADDITION PROPOSAL: The developer, Hans Hagen Homes, Inc., has requested City Council approval of the final plat of Carmel Third Addition. The plat contains 9 single family residential lots on approximately 5 acres, and is located north of Carmel Addition in the North 1/2 of Section 2. HISTORY: PUD concept approval was granted by the City Council on { January 3, I984, per Resolution 84-02. The preliminary plat was approved by the City Council on January 3, 1984, per Resolution 84-03. Zoning to RI-13.5 was finally read and approved by the Council on March 6, 1984, per Ordinance 1-84. The Developer's Agreement, Owner's Supplement to Developer's Agreement, and a Park Agreement referred to within this report were executed by the City and developer on March 6, 1984. VARIANCES: A variance from the requirements of City Code 12.20, Subd. 2.A, waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat will be necessary. Setback variances will be allowed through Item 8 of the Developer's Agreement. All other variance requests must be processed through the Board of Appeals. -1- 2�"E? • Page 2, Final Plat Carmel Third Addition 10/25/85 UTILITIES AND STREETS: Municipal utilities and streets will be installed throughout the addition by the Developer in conformance with City Standards. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. • BONDING: Bonding will conform to the requirements of the Developer's Agreement. • RECOMMENDATION: Recommend approval of the final plat of Carmel Third Addtion subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street sign fee in the amount of $250. • 2. Receipt of street lighting fee in the amount of $1,536. 3. Receipt of engineering fee in the amount of $360. 4. Satisfaction of bonding requirement. DLO:sg cc: Hans Hagen Rogers Cable • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-252 A RESOLUTION APPROVING FINAL PLAT OF EDEN PLACE APARTMENTS WHEREAS, the plat of Eden Place Apartments 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 EOEN PRAIRIE: A. Plat approval request for Eden Place Apartments is approved upon compliance with the recommendation of the City Engineer's report on this plat dated October 25, 1985. 8. 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 November 5, 1985. 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 7(:/' /-(J DATE: October 25, 1985 SUBJECT: EDEN PLACE APARTMENTS PROPOSAL: The developer, Tipton Corporation, has requested City Council approval of the final plat of Eden Place Apartments located north of Anderson Lakes Parkway and west of Flying Cloud Drive (T.H. 169-212) in the North 1/2 of Section 22. This division is a replat of Outlot A, Research Farm 2nd Addition, containing 50.64 acres. The proposal divides the property into 3 lots, for the construction of 496 apartment units, 2 outlots and street right-of-way. Ownership of Outlot A, containing 2.23 acres, and Outlot B, containing 15.02 acres, will be retained by developer. HISTORY: The preliminary plat was approved by the City Council on September 3, 1985, per Resolution 85-200. Second reading by the City Council of Ordinance 30-84 zoning 32.8 acres (Blocks 1, 2 and 3) to RM 2.5 is scheduled for ' November 5, 1985. The Developer's Agreement is scheduled for execution by the City Council on November 5, 1985. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: Municipal utilities, streets and walkways will be installed within the public right-of-way in conformance with City standards and the requirements of the Developer's Agreement. All utilities, streets and walkways not located within public right-of-way or easements will be privately owned and maintained. The property owners will be responsible for maintenance of these private improvements. • l Page 2, Final Plat of Eden Place Apartments 10/25/85 PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. The existing easement for the metro interceptor sanitary sewer line must be shown across Outlot A. In addition, a drainage and utility easement will be shown on the final plat over that part of Outlot A to be covered by the scenic easement defined in the Developer's Agreement. A document covering the scenic easement requirement must be submitted to the Engineering Department, in recordable form, prior to release of the final plat. BONDING: Bonding for municipal utilities, streets and walkways shall be in conformance with the requirements of the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Eden Place Apartments subject to the requirements of this report, the Developer's Agreement and the following: I. Receipt of street sign fee in the amount of $221D. 2. Receipt of street lighting fee in the amount of $6552. 3. Receipt of engineering fee in the amount of $19840. 4. Receipt of recordable documents satisfying the scenic easement requirements. 5. Second reading of Ordinance 30-84. 6. Execution of the Developer's Agreement. 1. Satisfaction of bonding requirements. DLO:sg cc: Robert Lehman, Tipton Dale Hamilton, McCombs-Knutson Rogers Cable lr _;4 ,1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-253 A RESOLUTION APPROVING FINAL PLAT OF PRAIRIE VILLAGE APARTMENTS WHEREAS, the plat of Prairie Village Apartments 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 p 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 Prairie Village Apartments is approved upon compliance with the recommendation of the City Engineer's report on this plat dated October 25, 1985. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. D. 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 November 5, 1985. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, Clerk •1 of 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: October 25, 1985 SUBJECT: PRAIRIE VILLAGE APARTMENTS PROPOSAL: The developer, Derrick Land Company, has requested City Council approval of the final plat of Prairie Village Apartments. This division is a replat of Outlot 8, Gonyea 4th Addition, located south of Wagner Way and north of T.H. 5 in the South 1/2 of Section 8. The plat divides the site into two lots (6.61 acres) for the construction of two 56 unit apartment structures and one Outlot (7.64 acres). Outlot A contains a storm water retention area and adjacent marsh land and-is to be dedicated to the City. A Warranty Oeed for Outlot A will be provided by the developer prior to release of the plat. HISTORY: The preliminary plat was approved by the City Council on February 5, 1985, per Resolution 85-39. Zoning of Lots 1 and 2, Block 1, to RM 2.5 was finally read and approved by the Council on August 20, 1985, per Ordinance 2-85. The Developer's Agreement referred to within this report was executed on August 20, 1985. VARIANCES: A variance from the requirements of City Code 12.20, Subd. 2.A, waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat will be necessary. All other variance requests must be processed through the Board of Appeals. UTILTIES AND STREETS: All municipal utilities and streets necessary to serve this site have been installed. PARK DEDICATION: Park dedication will conform to the requirements of the Developer's Agreement. / G Page 2, Final Plat of Prairie Village Apartments 10/25/85 Walkway easements will be necessary over portions of Lots 1 and 2, Block 1. The documents for these easements must be provided prior to release of the final plat. BONDING: Additional municipal improvements to this property will not be installed, therefore, bonding will not be required. RECOMMENDATION: Recommend approval of the final plat of Prairie Village Apartments subject to the requirements of this report, the Developer's Agreement, and the following: 1. Receipt of Warranty Deed for Outlot A. 2. Receipt of engineering fee in the amount of $4480. 3. Receipt of walkway easement documents over Lots 1 and 2, Block 1. DLO:sg cc: Dick Krier, Derrick Company Dennis Gonyea, Gonyea Investment Co. Rogers Cable 1,41.4 MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services IN" DATE: September 26, 1985 SUBJECT: Purgatory Creek Recreation Area/Staring Lake Study In January of 1985, the City of Eden Prairie entered into an agreement with the Riley/Purgatory Bluff Creek Watershed District to fund a feasibility study for the Purgatory Creek Recreation area and related waters. The purpose of the feasibility study was to prepare a report that would determine the ten, twenty-five and fifty year flood elevations of the Purgatory Creek Floodplain in the vicinity of the Purgatory Creek Recreation Area, and to determine if the proposed master plan for the Purgatory Creek Recreation Area would benefit the basic water management program of the District's overall plan, and to determine what effect the master plan would have on the water quality of Staring Lake. The cost of the study was not to exceed $10,000. The District assumed half the cost and the City assumed half the cost. Attached, for your review, is a copy of the report provided by Barr Engineering. This report provides the flood elevations requested and indicates that, although, the development of the water basins as proposed in the Purgatory Creek Recreation Area would provide some additional flood storage, the amount of additional flood storage would be insignificant in the total creek system. The report goes on the say that the Purgatory Recreation Area "can significantly contribute to the improvement or maintenance of the water quality in Staring Lake". "Although, the planned open water facilities will not likely have a significant impact on providing additional flood storage, these basins will help the water quality of Staring Lake as upstream urbanization continues. Surface runoff from these urbanizing areas should be discharged into either the basins shown to be constructed within the recreation area or additional sedimentation basins constructed on individual development sites prior to discharge to Purgatory Creek." Sand, grit, gravel, etc. conveyed in storm water runoff will settle in the basins prior to reaching Purgatory Creek - Staring Lake. The basins should at a minimum provide sufficient detention time for a sand particle 0.1 millimeter in size to settle out during the ten year frequency discharge. Oil skimming facilities should be incorporated into the design of the basin outlets to minimize the potential of this material from being discharged downstream. The report also suggested that the City consider regulating phosphorous content of fertilizers utilized within the Purgatory Creek drainage basin. Other cities in the metro area have passed ordinances regulating phosphorous content of fertilizers (this can be a very controversial issue). The report has indicated that the water of Staring Lake has improved since 1981 and is now at the same water quality level as in 1971. The report encourages the District and the City of Eden Prairie to cooperate in continuing in expanding the .1 v�l ir current water quality monitoring program to determine improvements and declines in the lake's water quality and potential sources for these changes. The Purgatory Creek Recreation Area Master Plan was developed and approved with limited information relating to various flood elevations. The master plan recommended the City proceed in a joint venture with the Riley Purgatory Watershed District to determine various flood elevations and investigate the possibility of lowering the 100 year flood elevation from 824 to 821 feet. The feasibility study has indicated that upon completion of the development of the various open water basins, the flood elevations should be recalculated; however, it is not likely that those open water basins will allow the flood elevations to be lowered more than .5 feet. The Community Services Staff recommend the Parks, Recreation and Natural Resources Commission and the the City Council consider taking the following steps toward implementing the development of the Purgatory Creek Recreation Area: 1. Obtain quotes from planning/engineering firms for developing the final plans and specifications and cost estimates for pond/canal excavation and grading the perimeter trail around the recreation area. 2. When plans, specifications and cost estimates are completed, the City should then request the Watershed District to fund a portion of that project subject to the City acquiring all of the land within the recreation area. 3. Once the costs of the project are determined and the commitments of the City and the Watershed District toward funding those costs are established, the City should then request all of the property owners to dedicate their land free and clear to the City. 4. Upon completion of acquisition of all of the property, the City should consider purchasing a dragline and hiring an operator to begin work on this project. Staff would anticipate it would take several years to create the open water basins as designed; however, if the City were to purchase the dragline and sell it upon completion of the project, the cost of constructing the ponds could be minimized. The cost for developing plans, specifications, cost estimates and determining the feasibility of the golf course could range from $25,000-$50,000 depending on the amount of soil borings, etc. that will be required. Staff would recommend using cash park fees to pay for the preparation of plans and specifications. At this time, staff requests authorization to advertise for engineering/planning firms to bid on reviewing the feasibility of the master plan subject to the new information on 10, 25, and 50 year flood elelvations, and to prepare the final plans and specifications for the pond/canal excavation and perimeter trail construction. BL:md UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COlMISSION Oct. 21, 1985 -8- Baker distributed an HAEP Outdoor Ice Schedule for 1985-1986. Forty-seven total hours of ice time are reserved weekly which means the HAEP is reserving only 52% of the time available. This leaves Round Lake East and Central Middle School completely open. CMS will be filled up first if needed. Saturdays and Sundays have not been scheduled and there is no time reserved on Fridays after 7:00 p.m. The only staff recommendation which was not agreed to was doubling up the younger teams for outdoor practice. Baker felt that the kids have enough trouble concentrating without wanting to watch what is going on at the other side. Werts asked if it would be possible to leave one night open per week at each rink for public use. Baker agreed. B. Purgatory Creek Recreation Area/Staring Lake Study Refer to memo dated September 28, 1985 from Bob Lambert, Director of Community Services and letter dated September 12, 1985 from the Riley-Purgatory-Bluff Creek Watershed District. Lambert reported that the City entered into an agreement with the Watershed District to fund a feasibility study to determine the 10, ( 25 and 50 year flood elevations of the floodplain in the Purgatory Creek Recreation Area, if the proposed master plan would benefit the basic water management program and what effect the master plan would have on the water quality at Staring Lake. Lambert feels the Commission should consider the following: contract an engineering consulting firm to review the master plan for additional information to determine how much of the plan is feasible, plan specifications and costs should be obtained at this time so the City can go to the Watershed District and ask for assistance with funding and the acquisition of land. Lambert said two RFP's (requests for proposals) should be obtained. Gonyea asked who would review the report. Lambert said he would review it himself and confer with the Parks and Recreation Commission and City Council. MOTION: A motion was made by Gonyea to recommend advertising for bids from engineering/planning firms to bid on reviewing the feasibility of the master plan subject to new information on 10, 25 and 50 year flood elevations and prepare the final plans and specifications. Shaw seconded the motion and it passed 5-0. 0 I Riley-Purgatory-Bluff Creek Watershed District 4 a Engineering Advisor. Barr Engineering Co. 920-6800 France Ave. -- ,°,........ Edina.MN 55435 0655 Legal Advisor. Popham.Haik.Schnobrich,Kaufman&Doty 4344 IDS Center Minneapolis,MN 55402 333-4800 September 12, 1983 Mr. Robert A. Lambert Director of Community Services City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Purgatory Creek Recreation Area: Eden Prairie { Dear Mr. Lambert: This correspondence will summarize the District's hydrologic analysis of various storm events to estimate their effect on the proposed Purgatory Creek Recreational Center Area. We also evaluated the potential impacts of the proposed facility on the water quality of Staring Lake. Hydrology The proposed Purgatory Creek Recreation Area south of T.H. 5, has been designated as a major stormwater detention facility by the Riley-Purgatory-Bluff Creek Watershed District and the City of Eden Prairie. As development proceeds within and adjacent to this area, the City of Eden Prairie has requested the District to calculate required storage volumes and resultant flood elevations for various storm events. The District's calculations indicate that for the 10-, 25-, 50, and 100-year frequency storm events (of critical duration), the flood storage required and resultant flood elevations within the Purgatory Creek Recreation area are: { Mr. Robert A. Lambert September 12, 1985 Page 2 Flood Storm Event Storage Required Elevation 100-Year 700 acre-feet 824.0 50-Year 500 acre-feet 822.0 25-Year 420 acre-feet 821.0 10-Year 340 acre-feet 820.5 The storage required and resultant flood elevations are based on ultimate development conditions. The duration of the events varied from 1 hour to 10 days. The District will require that proposed structures be set at a minimum of 2 feet above the calculated 100-year frequency flood elevation. The Master Plan for the Purgatory Creek Recreation Area indicates that several open water basins are to be constructed throughout the park area. Depending upon the surface area of the basin and established normal { elevation, these ponding facilities will provide additional flood volume (storage capacity) within this area. This additional flood volume may result in a lowering of the previously noted flood elevations by less than 0.5 feet. These open water areas can be excavated to provide additional flood storage, but the advantage is limited by the groundwater level, (approximately Elevation 818), in the area. The Master Plan shows that the proposed basins are located within or in close proximity to the designated 100-year frequency floodplain (Elevation 824) of Purgatory Creek. Therefore, the additional flood volume provided by the construction of these basins is minimal in comparison with the storage volume required for the various storm events. Once the final plans for these open water areas have been prepared (size, depth, normal elevation), a reanalysis of the flood elevations for the Purgatory Creek Recreation Area can be undertaken and the flood elevations adjusted accordingly. Water Quality Staring Lake, located downstream of the Purgatory Creek Recreation Area, is a significant water resource with multiple recreational uses proposed (boating, canoeing, hiking, and picnicking). The maintenance of a good water quality of the lake is critical for undertaking these "„C1C,r V Mr. Robert A. Lambert September 12, 1985 Page 3 recreational uses. The District has analyzed the water quality of Staring Lake at 3-year intervals since 1971. This information is summarized in supplemental District reports; 'he most recent quality study was completed in 1984. The 1971 data indicated that the water quality of Staring Lake was classified Level II, as summarized on Figure 1. This classification was consistent with the intended recreational uses for the lake. The water quality of the lake remained essentially the same during the period 1971-1980, until a decline was noted in the summer of 1981. Further analysis was undertaken in the summer of 1983, which indicated that the lake's water quality had improved since 1981; however, in comparison with the 1971 data, an overall decline in the water quality had occurred. The lake was again analyzed in 1984 and the data indicated a further improvement in the water quality of the lake. The lake was given a Level II classification in 1984 comparable with the initial 1971 classification. The lake at this time is therefore consistent with the intended recreational uses. The Purgatory Creek Recreational Area can significantly contribute to the improvement or maintenance of the water quality in Staring Lake. Although the planned open water facilities will not likely have a significant impact on providing additional flood storage, these basins will help the water quality of Staring Lake as upstream urbanization continues. Surface runoff from these urbanizing areas should be discharged into either the basins shown to be constructed within the recreational area or additional sedimentation basins constructed on individual development sites, prior to discharge to Purgatory Creek. Sand, grit, gravel, etc., conveyed in stormwater runoff will settle in the basins prior to reaching Purgatory Creek-Staring Lake. The basins should, at a minimum, provide sufficient detention time for a sand particle, 0.1 mm in size to settle out during a 10-year frequency discharge. Nutrients attached to sediment particles in stormwater runoff will settle out with the sediment particles rather than being discharged downstream. Oil skimming facilities should be incorporated into the design of the basin outlets to minimize the potential of this material from being discharged downstream. r r 1 Mr. Robert A. Lambert September 12, 1985 Page 4 From data collected to date, Staring Lake is a phosphorus-limited lake, meaning that improvement or decline in the lake's water quality is dependent upon the phosphorus loading to the lake. The primary inflow source to Stariing Lake is Purgatory Creek, therefore, minimizing phosphorus loading directed to Purgatory Creek will have a significant impact on the overall water quality of the lake. The data indicates that approximately 50 percent of the external phosphorus loading to Staring Lake by way of Purgatory Creek is from the area downstream of T.H. 5. As the recreational area (golf course) and adjacent lands develop, it is recommended that the City regulate the phosphorus content of fertilizers utilized. A regular, on-going maintenance program should be established for the basins within the recreational area. The Minnesota Pollution Control Agency (MPCA) in Statute 7050.030, has classified Purgatory Creek as Class 2B waters. The maintenance of these facilities will be required to ensure that the limits of the water quality parameters set forth by the MPCA are met. The outlets for the basins should be designed enabling the basins to be drawn down allowing the accumulated nutrient rich bottom sediments to be removed either mechanically or treated chemically. As the final design of the park facilities is undertaken, cooperative efforts between the City of Eden Prairie and the District should continue and be directed towards minimizing impact on the downstream water resources. The District and City of Eden Prairie should cooperate in continuing and expanding the current water quality monitoring program to determine improvements and declines in the lake's water quality and potential sources for these changes. The existing monitoring program should be expanded to include all parameters set forth by the Minnesota Pollution Control Agency's Class 2B water quality standards and analysis should be undertaken on an annual basis. The expansion of the monitoring program is important in determining the effectiveness of management strategies and/or the need to implement additional strategies to stabilize the water quality of the lake. r { Mr. Robert A. Lambert September 12, 1985 Page 5 The District looks forward in assisting the City of Eden Prairie in both the development of the Purgatory Creek Park Recreational Area and the improvement/maintenance of the water quality of Staring Lake. If you have any questions regarding the information presented in this correspondence or request additional information, please call us at 830-0555. Sincerely,' (4/;(6i 7.-' Robert C. 0bermeyer &{RR ENGINEERING CO. Engineers for the District RCO/111 c: All Managers Mr. Frederick Richards l Eden Prairie Convenience Center CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-248 A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and, WHEREAS, the proposal of K. Charles Development Corporation for development of Eden Prairie Convenience Center for Regional Commercial use requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eden Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: approximately 2.30 • acres located at the northwest quadrant of Highway #169 and Eden Road be modified • from Office and Regional Commercial. ADOPTED by the City Council of Eden Prairie this 5th day of November, 1985. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk • F i i d CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #85-250 RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDEN PRAIRIE CONVENIENCE CENTER FOR K. CHARLES DEVELOPMENT CORPORATION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Eden Prairie Convenience Center for K. Charles Development Corporation, dated October 23, 1985, consisting of 2.30 acres for restaurant-tenant retail space, 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. ADOPTEO by the Eden Prairie City Council on the 5th day of November, 1985. Gary 0. Peterson, Mayor ATTEST: John D. Frane, City Clerk ISTAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning DATE: October 4, 1985 SUBJECT: Eden Prairie Convenience Center LOCATION: Northwest corner of U.S. Highway #169 and Eden Road APPLICANT: K. Charles Development Corporation REQUEST: 1. Comprehensive Guide Plan Amendment from Office to Commercial on 2.3 acres. 1 2. Planned Unit Development Concept Amendment on 13.5 acres. 3. Zoning District Change on 2.3 acres with variances from the Board of Appeals. 4. Preliminary Plat of 2.3 acres into one lot. Background ,: �'1\-{: r" �i l-9 ( fain ` ✓�\ ,,i,4 . 317 This is a continued item from the i r �•G�_C; t. September 10, 1985, Planning Corn- -PROPOSED SITE ,r r.�` .,i mission meeting. At that meeting, ,,, = ►7. -REGss�\ '. the Planning Commisiion made a °' : �t-- _,.," ��� motion to recommend that the �* 1' 'l7 12 �� t development plans be returned to the 4-83 I •t' \�� proponent for revisions based upon 14-i ^ ",i a' i :! C . t;t;1 ,_` recommendations as identified in the I-5F K ' �� ' I,;_:a•^ lt1 Staff Report, and listed as follows: l i'; P,ICI it- I--------: `l�,. 1 ,-r 1. Redesigning the parking lot $1-29'f -,-- '..-; ' '�-►`��� 1 ^�" and drive through area to V`Rf7t�-�;_r l",.. 19 24 provide for efficient in- •sip`-'1`'-"''•'-`'—. 3-t34 C-1 °..-, ...:4 60- 1 Ft I ternal traffic circulation =� 24� j f andiopand arking space utili- ' 8o-30E i I— ' , 74i C. HNY• 2. Softening the transition • ..,„,,,L.,,,,,,,, OFC;.; ' i3 between the building and '5J7r 5-..`'^ � EG Lake Idlewild byn '3-�.` �,,a.r,e providing � �,,.��„ an outdoor seating plaza �-' a' area, reducing the height of E -r"' the retaining walls, in- -_ � __i ( creasing the amount of i •;/� ,.: 78-16 landscaping, and providing '"-`� j -R` ' 12 access to the pedestrian = 1 �E' �_ PUB Ti1Y/ �f y�z path. r. \_ .,,_�4< AREA LOCATION ION MAP _ Eden Prairie Convenience Center 2 October 4, 1985 3. Reorientation of the building to take advantage of the views across Lake Idlewild, including specific architectural treatment designed to "open up" the rear of the building. 4. Modification of the landscape plan to provide for better screening of parking and loading areas from U.S. #169 and Eden Road. 5. Submittal of a traffic study outlining the affect of the project on the existing street network. 6. Submittal of a schematic, designating areas on-site for lighting. Proposed lighting standards should be 20-foot high, downcast, cut-off luminars. Site Plan Revisions Total building square footage remains the same at 15,750 square feet, with 6,000 square feet of restaurant area (165 seats), and a retail area of 9,750 square feet. The building is in the same location, but there have been modifications in terms of access, internal circulation, and arrangement of parking areas. A primary problem with the initial site plan was internal circulation and parking arrangement immediately adjacent to access into the site and the drive through area. It was previously noted that automobile stacking from the drive through window would block out essentially 15 to 20 parking spaces, meaning that the effective parking on-site would be less than what is required. This has been changed by going to a one-way drive through system, which provides additional stacking space. The parking spaces designated in the drive through area would be utilized for employee parking. The elimination of a row of parking spaces allows for the drive through to be pulled back farther from the lake and reduces the length and height of the retaining walls. Staff feels that the redesign of the access and circulation clearly identifies a separate way for drive through, and a separate free right turn into the main permanent parking areas along the southern and eastern borders of the site. Another change in the parking lot design would be the provision of additional green space in the southeast corner of the site, which provides for more area for berming and heavy landscaping. The net effect of this change would be a curving of the parking lot. The changes in the parking lot design and internal circulation have a corresponding affect on the number of parking spaces were provided. Initially, 133 parking spaces was provided, which met the Code requirement for a 165-seat restaurant and parking at eight spaces per 1,000 for 9,750 square feet of retail area. Although initially, the number of parking spaces met the Code requirement, Staff felt that many of the parking spaces would not be utilized because of the inefficient parking lot design and that additional parking spaces would be needed, because typically, fast food restaurants need more parking spaces than one per three seats. Many fast food restaurants are parked at up to one space for every two seats. Staff has observed that the parking provided for the Eden Glen Shopping Center to the south, which contains the Pizza Hut Restaurant, has adequate parking provided. The number of parking spaces approved on that site was at 6.39 parking spaces per 1,000. Using this ratio for a 15,750 square foot building would mean that a total of 100 parking spaces would be necessary on-site. Since 108 more parking spaces are being provided on-site, eight more than what is actually needed, Staff would recommend that the two parking spaces, noted on Attachment A, be converted into green space in order to JJ Eden Prairie Convenience Center 3 October 4, 1985 minimize backing conflicts with entering traffic into the site. The proponent will be required to obtain a parking variance from the Board of Appeals for the number of parking spaces provided on site. Staff feels that green space along the east side of the building, near the north end, is not adequate. Staff would recommend that the proponents jog a portion of the retail building as shown on Attachment A to pick up a minimum of five feet of green space across the front of the building. Architecture The primary change in the architectural elevations are the north and west elevations, where considerably more glass area has been added, such that the building can take fuller advantage of views across the ponding area. The primary building materials will still be face brick and glass around the perimeter of the building. Rooftop mechanical units will be screened with a metal panel similar to the metal panel proposed for the roof over the Foodfare Restaurant. Staff feels that a better way to screen mechanical units would be with a parapet wall extension above the proposed roof line continuous around the building to a height that screens units from adjacent roads and land uses. This would be a better architectural solution integral to the building than a number of scattered free standing screens. The mechanical units should also be painted to be architecturally integral with exterior materials. Grading Overall grading has not changed appreciably. Although the total length of the retaining walls has been shortened from 315 to 250 feet, the retaining walls do occupy a high percentage of the back portion of the site facing Lake Idlewild. Since the combined height of the retaining walls varies between 13 and 16 feet at its highest point, Staff feels that substantial mass plantings and a jogging of the retaining walls will be necessary to soften the visual impact from the lake. It is not possible to reduce the height and length of the retaining walls further, since regraded areas are proposed at slopes of 2/1, and a lowering of the building would increase the grades across the parking area beyond the three to four percent proposed at this time. The proponent, prior to Council review, should be required to provide details of the retaining walls, identifying the type of proposed materials and details of the mass plantings. Since this land area is adjacent to Lake Idlewild, the lower area of the project along the lake frontage, below the retaining walls, should be heavily planted with lowland vegetation. The amount of landscape materials proposed in this area now is not adequate. Outdoor Space It has previously been required of the proponent to provide a more detailed open space plan between the back of the building and the lake. To date, only minor modifications have been made, which includes a totlot area and a gazebo. Plans have not been provided which indicate how people will walk from the upper level sidewalk down to the pathway across the lake. The proponent should provide a detailed plan showing how this could be accomplished. Also, there should be a more detailed planting plan behind the building, which identifies the type of pavement and detailed foundation and shrub plantings. Eden Prairie Convenience Center 4 October 4, 1985 Screening of Parking Areas The proponents are requesting a variance from 35 to 1711 feet along Highway #169. The request for variance may have merit if it is possible to screen the parking areas. Since Highway #169 is at a higher elevation than the parking lot, it will not be possible to totally screen the parking areas per ordinance. Even if the 35 feet of setback area was provided, it would still not be physically possible. In these situations, the level of screening provided should be the best possible. There are a number of coniferous trees which are proposed to be planted along the perimeter, which is a good start; however, Staff feels that there will be a need for additional coniferous plantings. Staff expects that the level of screening that will be possible would be the same as the screening provided along the Eden Glen Shopping area and the restaurants to the south of this project. The landscape plan submitted provides for the minimum amount of total caliper inches as required per Code, based upon the size of the building. Signage and Lighting It will be necessary, prior to•Council review, that the proponent submit overall lighting and signage plan for review. The type of lighting standards to be utilized should be of a consistent size, style, and height. For commercial areas, the standard is a 20-foot high, downcast, cut-off luminar. Traffic and Access The previous Staff Report identified a need for a traffic study to be prepared by a professional traffic engineer, which would identify the effects of this particular site plan on site and on the adjacent road network. Staff has met with the consultant's traffic engineer on a number of occasions and have discussed physical ways in which the site plan could be modified to make for a better internal circulation system. The revised changes as identified in the site plan section for the one-way drive through, increased stacking area for the drive through area has substantially improved the traffic circulation and should minimize the amount of traffic congestion. The total amount of trips being generated from a project of this size would be approximately 87 peak hour trips. This compares to a total of 75 peak trips based upon 42,000 square feet of office as approved under the original Planned Unit Development. Cross access is being provided to the parcel to the west and north as depicted on the original approved Planned Unit Development. Access to this site will be from Eden Road. The intersection is a 130 center-to-center offset east of the intersection of Glen Road and Eden Road. Staff feels that this separation is an adequate distance. Shore land Management Lake Idlewild is classified as a Recreational Development Water, and as such, a 200- foot setback is the normal requirement from the Ordinary High Water Mark of the lake. Regardless of the designation of the lake classification, and any required setbacks, development of this site for either office, commercial or other type of uses would require a variance. It is important to note that the building is approximately 27 feet above the High Water Mark, and although a significant amount of grading work will occur adjacent to the lake, this can be downplayed Eden Prairie Convenience Center 5 October 4, 1985 significantly if an adequate amount of lowland vegetation is provided to soften the regraded areas and provide as natural a transition as possible. The setback variances will require approval from the Board of Appeals. STAFF RECOMMENDATIONS: The major. premise for consideration on this site is the Comprehensive Guide Plan Change from Office to Commercial. It is not a question of whether there should be additional commercial uses in the Major Center Area, or whether the additional square footage would throw the Guide Plan out of balance, its more a question of site specifics and whether commercial use is appropriate for this site. In other words, is it an acceptable site plan and have all of the previously identified issues been satisfactorily addressed? Staff feels that the modifications in the internal circulation and parking layout have dramatically improved the site plan. North and west building elevations have been changed dramatically to take full advantage of the views across the pond. The use of the outdoor space and transition to the lake area have not changed appreciably and would benefit from substantial changes in terms of plant materials, outdoor seating, access, and lowland transitional plant materials. Screening of the parking areas will be better with additional coniferous plantings. If the Commission feels that the proponent has adequately substantiated the request for Guide Plan Change, and that the changes in the site plan are significant enough to warrant approval, then Staff would recommend approval of the Comprehensive Guide Plan Change from Commercial to Office, Rezoning from Office to C-Regional-Service, Concept Amendment on 13.5 acres, and Preliminary Plat of 2.3 acres into one lot, based on recommendations identified in the October 4, 1985, and August 23, 1985, Staff Reports, and subject to the following conditions: 1. Prior to Council review, proponent shall: A. Modify the site plan to provide a more detailed landscape plan of the outdoor area, adjacent to the lake. B. Modify the site plan to provide for five-foot of green space along the eastern frontage of the building. C. Provide for additional coniferous plantings along Highway #169 and Eden Road to better screen parking areas. D. Revise mechanical unit screening plan to include a continous parapet wall around the building. E. Provide signage and lighting details. F. Provide samples of exterior building materials. 2. Prior to Final Plat approval, proponent shall: A. Submit detailed storm water run-off, erosion control, and •utility ( plans for review by the City Engineer. t B. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. Eden Prairie Convenience Center 6 October 4, 1985 3. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Notify the City and Watershed District at least 48 hours in advance of grading. 4. Concurrent with building construction, construct an eight-foot wide bituminous trail along Lake Idlewild, and provide for an appropriate connection between the building and this trail, and a five-foot wide concrete sidewalk connection between the building and the sidewalk along the north side of Eden Road. 5. Receive approval from the Board of Appeals for variances necessary for parking number, parking setback, and shoreland setbacks. • 4 ( t i i STAFF REPORT T t TO: Planning Commission FROM: Donald Uram, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: August 23, 1985 SUBJECT: Eden Prairie Convenience Center APPLICANT: K. Charles Development Corporation REQUEST: 1. Comprehensive Guide Plan Amendment from Office to Commercial on 2.3 acres. 2. Planned Unit Development Concept Amendment on 13.5 acres. 3. Zoning District Change on 2.3 acres. 4. Preliminary Plat of 2.3 acres into one lot. f Background - %Y{;` - ' )il 9 1 f The Eden Prairie Comprehensive Guide 1i0— -'—. J\_ _," -.-;.',4 , 317 r / Plan depicts this site as being •1PROPOSED SITE, 0t '�,,\ guided for Office. Surrounding — __ _ _ . !1=.1.5.,, areas to the north, south, and east, \•t C•�._ , are guided for Regional Commercial, 1, l) �- while the area to the west is guided i .1,_U3 �r II; '12 � .t for Industrial. This site is �OrC _ �y ? )T� located within the Eden Prairie ` 's+y'•' -) Major Center Area, and as such, is a 1-5 K Ili 1" 1,;;:4 l,i=b� 5- 1„IR it visible site. Specific land r .c, �!; �_.i,l uses adjacent to this tract include: -r,is -`-'-I. .r=•l. •I',, iy^ v�--iI,L/L.. office to the east, a variety of • 81-2Efi; , ; " ';�� restaurant and retail uses to the 6' ri} I.,......„....., • ----'`'c' 24: south, the Eden Prairie Center to + u;� G rthi ` , 1 f� //\i],0-ST{'�{`,(' the southeast, Lake Idlewild and •'` .a; •Y C- v=U-SL:f. ` �. `! Rosemount Engineering to the west, 60-ov--' ,/ ,r 1—41 1, N1lJY,_ and the I-494, U.S. #169, and 4,,� CFC 12,7.21.-11 Highway #5 interchange to the north. 1 ""`.1LYW;r '113 357r�� I .;. ) c REG i The original Planned Unit Develop- ; ', i ment, which was submitted and fZ'0.`-,• approved for this area in 1980, 8:.:, called the Lake Idlewild Office N',.� Development, depicted a cluster of '�_ `-» �a.` �:rr,7.1` three office buildings at this !„1, 4 PN7,' 78_1- 4?' approximate location, and a total of ,.,t..; 7,-::,.. a: f (Fj8 '-i it ij • ` ,L` . `" � ' ,- , C Eden Prairie Convenience Center 2 August 23, 1985 eleven buildings within the PUD. In 1983, the original Lake Idlewild Planned Unit Development was amended slightly to reflect a larger project site and the number, size, and phasing of the proposed offices, was changed to reflect current market and site conditions. This was supposedly accomplished by combining the eleven small cluster buildings into three larger buildings. The only structure currently built within the Idlewild Office Center is the Corporate Headquarters of the American Baptist Homes of the Midwest. The proposed project includes a request for Guide Plan Change from Office to Regional Commercial, Zoning District Change from Office to Regional Service Commercial (C-Reg. Ser.), Planned Unit Development Concept Review, and Preliminary Platting. Land Use In this case, it is not a question of whether, or not, commercial land use within the Major Center Area is appropriate, but rather is a commercial use appropriate on this site. Since this site is in close proximity to Lake Idlewild, this project should be designed to take advantage of the lakeshore as an amenity. This would include a building orientation to take advantage of views across Lake Idlewild and insure proper transition to preserve the edge of the lake. In addition, commercial uses must relate to, and not adversely impact, the previously approved office uses in the Lake Idlewild PUD. Site Plan The preliminary site plan depicts an "L" shaped building with five retail spaces, totaling 9,750 square feet and a "Food Fare" restaurant complex, totaling 6,000 square feet. Total building area is 15,750 square feet. The resultant Floor Area Ratio of the project, based on 2.295 acres of developable land, is 0.1575. Commercial Regional Service (C-Reg-Ser) zoning would allow for a maximum Floor Area Ratio of 0.20. In reviewing the previous Lake Idlewild Planned Unit Development designated for this site, it was determined that the State Shoreland Management Act would not be in effect because of the fact that the Major Center Area Planned Unit Development was adopted as an official planning document prior to the enactment of this act. Since that time, however, Lake Idlewild has been classified Recreational Development (RD) Water, and as such, will require a 200-foot setback from the Ordinary High Water Mark. As depicted on the site plan, the proposed building locations will require a variance. A 17.5-foot variance will also be required from the 35-foot front yard parking lot setback along U.S. #169. If parking areas can be screened from U.S. #169, then the request for a variance may have merit because of the severe limitation of the configuration of the site. This will be reviewed under the landscape section. These setback variances will require approval by the Board of Appeals. Access There are two driveways being proposed for this site. A 25-foot right enter/right exit only driveway will be located approximately 160 feet north of the intersection of U.S. #169 and Eden Road. An additional 25-foot driveway will be located along Eden Road approximately 200 feet east of the intersection of U.S. #169 and Eden Road. (See Attachment A) The driveway proposed for U.S. #169 must have State Eden Prairie Convenience Center 3 August 23, 1985 approval, which Staff does not support because of the proximity to the adjacent intersections at West 78th Street and Leona Road, the close location of the deceleration lane for Eden Road, and high traffic volumes on U.S. #169. This means that until the loop internal road is built (according to approved PUD) only one access would be provided to this site, which is inadequate in terms of circulation and emergency vehicle access. The original PUD approved for this site designated two major access points: one on West 78th Street, and one on Eden Road. (See Attachment B) No access was to be approved for U.S. #169. The access point for this site from Eden Road has been relocated near the intersection of Eden Glen Road and Eden Road. This distance is approximately 100 feet, which Staff feels is too close, resulting in a cross weaving of traffic. In addition, the proximity of the two access points also serves to create internal circulation problems with the parking lot. This includes, but is not limited to, the adverse impact the amount of commercial traffic entering and exiting the site will have on current and proposed office uses within the area. Parking There are 133 parking spaces provided on the site, which equals the minimum Code requirement for a project of this size and use, based on one space per three seats for restaurants, and eight spaces per 1,000 square feet G.F.A. for retail type uses. Although the proposed project meets the minimum parking requirements, Staff feels that because of the parking lot design, many of the parking spaces either will not, or cannot, be used. The parking area to the extreme north is out of the way. The parking area adjacent to the drive-thru will be unusable at various times because of queueing at the drive-thru. (See Attachment C) These two areas (approximately 30 spaces), which may not be used, reduce the effective parking spaces to 103, which Staff feels is inadequate for this project. In addition, Staff has observed that fast food restaurants typically park at one space for every two seats, meaning that on a needs basis, an additional 28 parking spaces should be provided. Grading The existing topography can be described as sloping from the 886 contour interval towards the lake, with a steeper slope occurring at approximately the 870 contour interval and continuing to the lake shore. The Ordinary High Water elevation occurs at 853.5. The finished floor elevation is 880, which will require between 0 and 10 feet of fill for this building location. Because of this, and the high water elevation of Lake Idlewild, a series of retaining walls are being proposed. As designed, the retaining walls will wrap around the ends of the building and be between five and eight feet in height. These walls do not provide a natural transition from the building to the lake shore. Staff suggests that the retaining walls be built of natural materials, such as wood or stone, and be used in conjunction with heavy landscaping to soften this transition. The parking lot area will also require between six to ten feet of fill. The grades within the parking area are minimal. The 330 finished floor elevation is approximately four to eight feet lower than U.S. #169, while being approximately level with Eden Road. Utilities Water and sanitary sewer service can be provided to this site. There is an existing 10-inch sewer line located along the southern boundary of this site, and extending north through the site. This extension will be within the proposed parking area. C Eden Prairie Convenience Center 4 August 23, 1985 The site plan depicts an 8-inch sewer line extension connecting with the existing line in the Eden Road right-of-way. Water service to the site can be provided by the 8-inch water line also located in the Eden Road right-of-way. Preliminary plans show a 6-inch water line extension connecting with the 8-inch line in the Eden Road right-of-way. Storm water run-off is proposed to drain into Lake Idlewild. This will be accomplished by draining run-off from the parking lot by way of five catch basins designed in two separate storm water systems. Connections for these will be an existing 42-inch storm sewer located along the western boundary of the property, and a 24-inch storm sewer along the northern boundary of the property. Architecture A single, one-story, "L" shaped building, is proposed for this site. Primary building materials are facebrick and glass. Specific design elements, such as a pitched roof form over the entry, and concrete columns, are proposed to be consistent with the architectural style of the approved Planned Unit Development, which includes the American Baptist Home Office across the lake. The building should take full advantage of the waterfront. Looking across the lake at this development, the view would be the "back door" of the building, a tot lot, and the loading and trash area for "Food Fare" adjacent to the lake shore. The windows of the "Food Fare" portion of the building begins to take advantage of the views. Staff feels that the rear building could be improved by orienting the building more towards the lake. This could include the provision of a more elaborate open space plan for outdoor use, such as decking and seating adjacent to lake, opening up the "rear" of the building to take advantage of views across the lake, and a relocation of the loading and trash area for "Food Fare". Landscaping The project site is generally free of any substantial trees, and as such, a tree inventory was not required by the applicant. The landscape plan provides a total of 83.5 caliper inches. The Code would require 50 inches, based on the building square footage. Two primary areas of concern regarding the landscape plan include the screening of the parking lot from U.S. #169 and Eden Road, and the transition area between the lake and the building. Sections A-A and B-B shows proposed parking lot screening from U.S. #169. Based on the type of plant material and the elevation of the adjacent roads, gaps occur within the planting material, which allow for the parking lot to be visible. Because of the limited setback area proposed, berming cannot be constructed high enough to screen parking and does not leave enough room to be effectively screened by mass plantings. This will require a change in the site plan to provide more green space. Landscaping to the "rear" of the building does not enhance either the open courtyard area, or the pedestrian trail. Mass plantings will be necessary to soften the views of the retaining walls and provide a better natural transition from the lake. Pedestrian Systems The submitted plan depicts a pedestrian path along Lake Idlewild. This path should connect to the building and outdoor seating area. The path should be an 8-foot wide bituminous trail. C { Eden Prairie Convenience Center 5 August 23, 1985 Signage and Lighting The proponent has submitted an overall signage plan, which depicts one pylon sign at the intersection of U.S. #169 and Eden Road. This sign will be 20 feet in height and will not exceed 80 square feet in area. In addition, there will be individual tenant signs on the exterior next to the entryways. To be consistent with sign setbacks along U.S. #169 in the Eden Glen area to the north, the sign should be located parallel with the front of the building. A narrative description of the lighting plan for this site has been submitted, although no specific locations have been shown on the plans. It is stated that all lighting will conform to the requirements of the City Code. Staff has determined that a plan, showing location and type of lighting, must be submitted for review. Proposed lighting standards should be 20-foot high, downcast cutoff luminars. Conclusions In reviewing the plans for the Eden Prairie Convenience Center, Staff has determined that a number of problems exist with the current design including: access, circulation, parking, screening of parking areas, and architecture. Oue to the type and intensity of commercial land uses proposed, and their associated parking and access requirements, this site does not appear to lend itself to ti development for a commercial use. Some of the problems, such as landscaping and architectural treatment of the building, etc., could be resolved through design; however, the access and parking lot design problems are due to the nature of the land use itself. Staff expects that any commercial use at this location may have the same problem. Staff feels that the subject property may not be appropriate for development as a commercial use. STAFF RECOMMENDATIONS The Commission could recommend one of the following alternative courses of action: 1. The Commission could recommend that the plans be returned to the proponent for revisions, based upon recommendations made by the Staff Report dated August 23, 1985. These revisions should include at least the following: A. Redesigning the parking lot and drive-thru area to provide for efficient internal traffic circulation and parking space utilization. 8. Submittal of a traffic study outlining the effect of the project on the existing street network. C. Softening the transition between the building and Lake Idlewild by providing an outdoor seating and plaza area, reducing the height of retaining walls, increasing the amount of landscaping, and providing access to the pedestrian path. D. Reorientation of the building to take advantage of views across Lake Idlewild, including specific architectural treatment designed to "open up" the rear of the building. • Eden Prairie Convenience Center 6 August 23, 1985 E. Modification of the landscape plan to provide effective screening of parking and loading areas from U.S. #I69 and Eden Road. F. Submittal of a schematic lighting plan designating areas on the site planned for lighting. Proposed lighting standards should be 20-foot high downcast cutoff luminars. 2. The Commission could recommend denial of the project as submitted because of: A. Intensity of commercial land use proposed for this particular site. B. Access, internal circulation, and parking problems. C. Impact on approved PUD and adjacent land uses. D. Adverse impact on Lake Idlewild inconsistent with Shoreland Management practices. E. Inconsistency with Lake Idlewild approved PUD and Comprehensive Guide Plan. •.`1 • ( 1 1 ( • 'j ,. •-..-..„. ! ' /1 / . . . -------------"" ----------------------------:------, — ....,-------- ------............. la s I - ' •••- a v . I 1 ------1 i ---,- Ip- --- In0011111T1g! 49,201 _,,,,,,, .,,,ili 701 / Wit Ail."'611‘''''• , ,,,,,10%•%.+.0.1':11,11 11 \ 1 i \II i -,,, .',.'-'ir-kl-Pt' .:„,.....:...-- .,''.:.,.' r. ''',-,:''''':-..-.7 I,...:•'-.y...,. - ; !if...,C P.,,.1 OC 4:' I - I ;,'..-.:: - s , ' ----' ' • LI k-51 ...,;:.: .: .., .. ' 1" V. '. -•/I; 1 •• . • . . •..• • 3 . _ • , .4.7. r i. 0 0 . ------ 4 OP • ,...._,,,..., .::.r... _ . . - • e • \ --3,...,,,... I., a.. . or^ . . , . cli,,:..--;.... ..k. ::: gs,, 9.-,)0- \;-: f..:.,), . • li . i' --. ra ' n V ..)• -. -6r- ' I- ....„ ,.„ ,. 14...... 0 . • — v. -• .,. _ ... • . . ".. `'') r-----. 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TOT L01 • . / F, i ; c °R . /, pVERHANG Aa i r V " ONDINGEA ; { oa i • ---- b -1..- --- --4FCE.ST/WS P.NT \ ! 1 S41 A1 tHRU ,,,, J 13 SPACESn A'0 y I \rp� 14` -r17a --��--..-- pes ' . 6." \.„.........../---\ .4,2,,... 1 ..........\ii_______ 1:31::::\ ___ , nG�s69 ' \ \ \ In , \____ 12D \ \ . . . . \ \ \ \ \ _ 20----f \ \ ;! ,, '.. CO\--•\.... , it ‘ 1` co •GK \ „' tU. I 1 . -" .��` �r '1 \ ,,- / �' DRIVE - 'THR _'�� EDEN ROAD UNAPPROVED MINUTES • EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION Monday, October 21, 1985 7:30 p.m., School Board Roam COMMISSION MEMBERS PRESENT: Marty Jessen, chairperson; Bud Baker, Moe Cook, Gary Gonyea, Jerry Kingrey, Charles Shaw COMMISSION MEMBERS ABSENT: Pat Breitenstein COMMISSION STAFF: Bob Lambert, Director of Community Services OTHERS PRESENT: Chuck Pappas, Superintendent of Recreation; Sandra Werts, Recreation Supervisor I. ROLL CALL The meeting was called to order at 7:30 p.m. by chairperson, Marty Jessen. II. APPROVAL OF AGENDA Kingrey added Item B, Conference Attendance under VIII. New Business. Kingrey moved to approve the agenda as amended. Gonyea seconded the motion and it carried 5-0. III. APPROVAL OF MINUTES OF SEPTEMBER 16, 1985 MOTION: A motion was made by Kingrey to approve the minutes as mailed. Cook seconded the motion and it carried 3-0. Shaw and Gonyea abstained. IV. PETITIONS, REQUESTS AND COMMUNICATIONS None V. DEVELOPMENT PROPOSALS A. Eden Prairie Convenience Center Refer to staff reports dated August 23, 1985 and October 4, 1985. Bob Vanney and Dick Heise were present representing K. Charles Development Corporation. Vanney reviewed the site which is on approximately 2.3 acres located south of I-494, Hwy. 169 and Hwy. 5 and east of the Lake Idlewild PUD. pp 1 UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION Oct. 21, 1985 -2- Vanney showed the concept plan for the site and said that access points would be from Hwy. 169 and Eden Road. The headquarters of the American Baptist Homes of the Midwest is the only structure currently in the Idlewild Office Center. Vanney said the building will consist of office service retail and Food Fare. Office service retail would include places like AAA or driver's license examiners. Vanney said the developer will preserve the lakeshore and add a good deal of landscaping along Eden Road and Hwy. 169 to screen parking areas. Outside seating and a totlot will take advantage of the view of the lake. Vanney showed building elevations at this point. Cook asked which view showed the back of the building. Vanney showed the back of the building on the plan. Baker asked if the building is level with Hwy. 169. Vanney said Hwy. 169 is higher, but the building will be the same level as Eden Road. Vanney showed the grading plan for the site. He said the building is 16 feet high and the disadvantage to this location is the low land. Kingrey referred to Page 3 of the Planning Commission report regarding roof elevation. Heise said that the building is 8 feet higher than Hwy. 169. Lambert asked if the developer is aware of the PUD on land use to the west and north of the site. Vanney said the entire site is zoned as office and they are requesting a change from office to commercial regional service. Lambert showed the location of the shore line connection on a map of Eden Prairie and said this will be referred to in the Datasery proposal. Jessen asked if there is a trail system along Eden Road. Lambert said that there is a sidewalk. Jessen said he assumed that since there was no supplementary staff report, Lambert agreed with the planning staff report. Lambert said that the planning staff recommendations are acceptable. Shaw asked if there will be only a single access to the site. Vanney said yes, since it was felt that an access from Hwy. 169 would be too difficult. UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION Oct. 21, 1985 -3- Shaw asked how many cars are in the queue for the drive-thru window. Vanney said 10-12 cars are in the queue and they are providing a bypass lane to allow cars to get out of the drive-thru lane is they wish. Shaw asked if the City has done a traffic study on this site. Lambert said that the planning and engineering staff have looked closely at the site and he feels comfortable with their recommendations. Cook asked if there is access from the proposed trail to this facility. Vanney said that they propose a flight of steps from the trail to the building. Cook asked if the developer had given any thought to using something other than timber for the retaining wall. Vanney said they are discussing using decorative concrete, brick or timber. Cook feels the material used for the retaining wall is very important since it will be so visible. Jessen asked Lambert what the final procedure is to getting this { plan approved. Lambert said that the planning staff will review the final plans, but if the Commission has serious considerations about the materials used for the retaining wall, he will bring them forward. Kingrey said he didn't see anything about a pedestrian trail in the staff report. He also asked how high the retaining wall will be and how much will be visible. Vanney said the wall will be two tiered and 13-16 feet high. Six to seven feet will be visible. Shaw asked about the two areas of signage located in the back and near the access road. Jessen said the signage on the access road is the planning commission's concern. Lambert said he will make a note of the signage at the back of the building. Kingrey asked if Lambert goes along with planning staff recommendations. Lambert said yes. Vanney asked about negotiating a reduction or elimination of the park fees. Lambert said he could ask the Council for their consideration; however, they aren't being asked to do anything out of the ordinary. Jessen said the Commission recommendation is conditioned on them paying the full cash park fees. MOTION: Cook moved to recommend approval of the Eden Prairie Convenience Center per staff recommendations. Kingrey seconded the motion and it passed 5-0. C. EDEN PRAIRIE CONVENIENCE CENTER, by K. Charles Development Cor- poration. Request for Guide Plan Amendment, Planned Unit Development Concept Review, Zoning District Change from Office to Regional Service, and Preliminary Plat of 2.30 acres for restaurant-tenant retail space. Location: Northwest corner of U.S. Highway #169 and Eden Road. A continued public hearing. Mr. Bob Vanney, representing proponents, reviewed the site characteristics and development plans with the Commission. He explained the orientation of the structure to the adjacent uses and the pond to the north and west. He also reviewed the locations of the proposed site amenities including a gazebo, tot lot, pedestrian trails, etc. Mr. Vanney noted that the architecture of the structure had been coordinated with that of the American Baptist Homes office within the Lake Idlewild Planned Unit Development, of which this development would be a part. Planner Franzen reviewed the findings and recommendations of the Staff Report of October 4, 1985, explaining the changes which had been made since the original submittal of this project to the City. Hallett asked if Staff was aware of any plans for the signalization of the intersection of Highway #169 and Eden Road. Planner Enger responded that, at some point in time, it likely would be signalized; however, there were no Planning Commission Minutes 3 October 7, 1985 plans to do so in the immediate future. Marhula asked about the Staff Report recommendation for an additional five feet of green space along the eastern frontage of the structure adjacent to Highway #169. He asked if this would cause the building to be moved closer to the lake. Planner Franzen explained that this would result in the structure being closer to the lake, but that proponents were already asking for a variance from the Shoreland Management regulations of the ordinance for this purpose, which was supported by Staff. Planner Franzen added that Staff felt it was necessary to prcvide adequate space between the structure and Highway #169. Planner Enger stated that it may be possible to reconfigure the structure, itself, it order to make this unnecessary, as an alternative. Mr. Vanney stated that he would be willing to work with Staff to mitigate this issue. Mr. Vanney reviewed the amendment to the mechanical screening for the structure, showing how the mechanical units would be screened from public view. Chairman Schuck asked for comments or questions from members of the audience. There were none. MOTION 1: Motion was made by Gartner, seconded by Hallett, to close the public hearing. Motion carried--6-0-0 MOTION 2: Motion was made by Gartner, seconded by Hallett, to recommend to the City Council approval of the request of K. Charles Develoment Corporation for Comprehensive Guide Plan Amendment from Office to Commercial, based on plans dated October 3, 1985, subject to the recommendations of the Staff Report dated October 4, 1985. Motion carried--6-0-0 MOTION 3: Motion was made by Gartner, seconded by Hallett, to recommend to the City Council approval of the request of K. Charles Development Corporation for Planned Unit Development Concept Amendment to the Lake Idlewild Planned Unit Development for a restaurant and other retail space, based on plans dated October 3, 1985, subject to the recommendations of the Staff Report dated October 4, 1985, including the amended mechanical screening plan presented at the meeting. Motion carried--6-D-0 MOTION 4: Motion was made by Gartner, seconded by Hallett, to recommend to the City 2 Planning Commission Minutes 4 October 7, 1985 Council approval of the request of K. Charles Development Corporation for Preliminary Plat of 2.30 acres into one lot for restaurant and retail uses, based on plans dated October 3, 1985, subject to the recommendations of the Staff Report dated October 4, 1985, including the amended mechanical screening plan presented at the meeting. Motion carried--6-0-0 • • • • j :.v� yam:�zsS 9-9-."s C. EDEN PRAIRIE CONVENIENCE CENTER, by K. Charles Development Cor- poration. Request for Comprehensive Guide Plan Amendment from Office to Commercial on 2.3 acres, Planned Unit Development Concept Amendment on 13.5 acres, Zoning District Change on 2.3 acres, with variances to be reviewed by the Board of Appeals, and Preliminary Plat of 2.3 acres into one lot for construction of a 15,750 square foot building. Location: Northwest corner of Highway #169-212 and Eden Road. A continued public hearing. Planner Enger reported that Staff had been in contact with representatives of the Eden Prairie Convenience Center since the August 26, 1985 meeting. Since that time, a number of revisions had been made to the existing site plan, however, those revisions were not yet complete. Proponents had requested additional continuance of Commission action on this item to the October 7, 1985, Planning Commission meeting. MOTION: Motion was made by Gartner, seconded by Dodge, to continue to the October 7, 1985, Planning Commission meeting to allow proponent additional time for revisions to the project. Motion carried--6-0-0 B. EDEN PRAIRIE CONVENIENCE CENTER, by K. Charles Development Cor- poration. Request for Comprehensive Guide Plan Amendment from Office to Commercial on 2.3 acres, Planned Unit Development Concept Amendment on 13.5 acres, Zoning District Change on 2.3 acres, with variances to be reviewed by the Board of Appeals, and Preliminary Plat of 2.3 acres into one lot for construction of a 15, 750 square foot building. Location: Northwest corner of U.S. Highway #169 and. Eden Road. A public hearing. Planner Enger stated that proponents, upon receipt of the Staff Report, had requested continuance of this item in order to mitigate the issues raised in the report. In particular, proponents intended to have a traffic study prepared for the development. At this time, they requested continuance of the item to the September 9, 1985, Planning Commission meeting so as to prepare the additional study and make any necessary changes to their plans. MOTION: Motion was made by Gartner, seconded by Dodge, to continue this item to the ('` September 9, 1985, Planning Commission meeting in order to allow proponent opportunity to redesign the site in conformance with the concerns listed in the Staff Report dated August 23, 1985. Motion carried--5-0-0 f _. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #85-251 RESOLUTION APPROVING THE PRELIMINARY PLAT OF HOYT TECH 5, 6, & 7 FOR TECHNOLOGY PARK ASSOCIATES BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Hoyt Tech 5, 6, & 7 for Technology Park Associates, dated October 16, 1985, consisting of 17.01 acres, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. is ADOPTED by the Eden Prairie City Council on the 5th day of November, 1985. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk STAFF REPORT l TO: Planning Commission FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning DATE: October 25, 1985 PROJECT: Technology Park 5, 6 and 7 LOCATION: East of Washington Avenue, South of West 76th Street APPLICANT/ FEE OWNER: Hoyt Oevelopment REQUEST: 1. Planned Unit Development District Review, on 17.53 acres. 2. Zoning District Change from Rural to I-2 Park on 9.21 acres, and from Rural to Office on 3.77 acres. 3. Preliminary Plat of 17.53 acres on two lots and two outlots. Background "r'T � �\ 80-13 This is a continued item from the C121 G '�/ . �c I-2Pi� Y ( October 7, 1985, Planning Commission �q� r r: �7}9 E meeting. At that meeting, the ��c Commission made a recommendation to g .1 2 P.K il 4: return the development plans to the —__/ , • 83 proponent for revisions based upon 1: 1 A -2PK 8Q _v recommendations identified in the ( f Y 1 2-14 83-34 Staff Report. The primary issue 3• + i - f-Z r)Y raised at the PlanningCommission �` wF ? •fit'coo. meeting centered around the re- S4 `,a ; 1-2P. 1 :o��,.„ �N lationship between the proposed �P-` (25 8 4" five-story office building, ad- C c i t,. ' 0-84 • • joining two-story parking ramp, and �� * -'` _`� 2 1-2PRK Nine Mile Creek. The original plan 11 \\, ,. „, '6)) ) N i did not provide an appropriate ,-.4 ^.::404:44. %.; transition and the Planning Staff -•K PROPOSED SITE ,���������•.� suggested two development alter- . ((� �!i4it'.O,* • natives to minimize the impact. One i.,� 1:}; `;.�Aia*i alternative suggested that the ti1) -� 144AtIi :<vi. parking ramp be buried on the sides, ` + 'F'.._ ��•���• to eliminate the view of the ramp. j ',, " '� The second alternative suggested >_;, • .zg ...; �- � _1, open ing up the view of the wooded �_ LI`` •_ {=FY knoll from the creek by con- �;�1 d solidatinq the building footprint 31�1 93i84 8> 9 scv1 into one structure. The intent of EG„ \. 1 2PRK.,- Q. ^r'•t- AREA LOCATION MAP 1 7 Technology Park 5, 6 and 7 2 October 25, 1965 both alternatives was to provide a more natural view of the development from the creek and to open up a greater view of the wooded knoll. Site Plan Changes The proponent has modified the site plan in a manner similar to Alternative 1 which was to bury the parking structure. Sight line Section B indicates a slope between 21 to 3/1 from the proposed eight-foot wide bituminous pathway along the west side of the creek to the top of the parking structure. The site plan shows in concept, by dotted line, the area proposed for berming with the maximum height of berm at 863 which is approximately one-half foot below the top of the parking ramp wall. The proposed berming will effectively block out views of the southern elevation of the parking ramp. Heavy landscaping will also be necessary to soften the man-made slope. However, because of the close proximity of the ponding area to the parking ramp on the southeast portion, screening will have to be provided with plant materials alone. The size and quantity of plant material is not adequate to significantly break up views of the parking structure. Staff would recommend that the number of plant materials be increased and the size be increased to a 14-foot minimum height. Since plantings and regrading are proposed within an outlot to be dedicated to the City, the developer should enter into an agreement and bond to cover costs of landscaping, grading, and site restoration. Access and Circulation The previous Staff Report identified a potential problem with the one-way traffic behind proposed Tech Building 6 and suggested that internal circulation be revised to a two-way condition. Staff has since talked with the proponent, and has reached a compromise solution which would add an additional five feet of dimension to the one-way condition to make manuevering and circulation much easier than the previous plan. STAFF RECOMMENDATIONS Staff would recommend approval of the request for Zoning District Change from Rural to Office and Rural to Industrial, Planned Unit Development District Review on 17.53 acres, and Preliminary Plat of 17.53 acres into two lots and two outlots, subject to the recommendations of the Staff Reports, dated October 4, and October 25, 1985, based on revised plans dated October 16, 1985, and subject to the following conditions: 1. Prior to Council review, proponent shall: A. Modify the landscape plan to provide additional and larger coniferous materials along the southeast side of the proposed parking ramp. Provide heavy landscaping on the man-made slope. B. Submit exterior building material samples for review. 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. B. Submit detailed storm water run-off, erosion control, and utility plans for review by the City Engineering Department. Technology Park 5, 6 and 7 3 October 25, 1985 3. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Notify the City and Watershed District at least 48 hours in advance of grading. C. Stake the proposed grading limits with a snow fence and provide a detailed tree inventory within 25 feet of the grading limits. D. Construct a five—foot wide concrete sidewalk along Golden Triangle Drive and West 76th Street. E. Obtain Board of Appeals approval for variances related to height, and Shoreland setbacks. F. Submit an overall signage plan for review. G. Submit an overall lighting plan with details for review. H. Enter into an agreement with the City for landscaping, grading, and site restoration in the outlot along Nine Mile Creek. Developer shall bond for 100% of the costs of the improvements. I. Obtain Board of Appeals variances for shoreland setbacks. J. Construct an eight-foot wide bituminous trail along Nine Mile Creek where determined by the Director of Community Services. r STAFF REPORT TO: Planning Commission FROM: Don Uram, Assistant Planner THR6UGH: Chris Enger, Director of Planning PROJECT: Technology Park 5, 6, & 7 LOCATION: East of Washington Avenue, and South of West 76th Street DATE: October 4, 1985 APPLICANT/ FEE OWNER: Hoyt Development REQUEST: 1. Planned Unit Development District Review, on 17.53 acres. 2. Zoning District Change from Rural to I-2 Park on 9.21 acres and from Rural to Office on 3.77 acres. 3. Preliminary Plat of 17.53 acres into two lots and two out lots. r Background i1221 ~s fa •` 8 -1 Y This site is part of the Eden 2. K • t LT,: 19 -- Prairie Technology Park, which is a �� N 66.31-acre Planned Unit Development t r 8L8 �zZP, r wi` for development of an office, •• 8 OEM - + P office/service, and office/ware- A orI 2K 80-14 ,_ , house. The current development is 3. j F-,„. 83 34 `i_2 Technology Park 4th Addition, which . ..`;•: - - m nY includes office, and office/ware- .":s;41 17-82 • r:cv house development. Other uses pro- Y I-2PKcy �= posed or currentlydeveloping within 84 - N,,• : this area includes Southwest Cross- ))// , -.; 4+- ,,,++ , ?Q-84 a. a. ing and a preserve area around Nine -� i-2PRK NI Mile Creek to the south, and office, 1 , R �T usesoffictowthehouse,northeastnd and west. The P K PROPOSED SITE V.••����4 proposed development is consistent ..VI 0+4 with the Comprehensive Guide Plan -� �`• •�•ANN ,<v g: and the approved Planned Unit U 44 ;�•• Development Concept. �'•;i Preliminary Plat i�6�, � The Technology Park 4th Addition , ",'.�' Na " preliminary plat depicts two lots 31R `'Y9S- 80-9 i+17N C-RREG..,, , t-2P.R44_,• l } AREA LOCATION MAP 1 Technology Park 5, 6 & 7 2 October 4, 1985 and two outlots on a 17.53-acre site. Block 1, Lots 1 and 2, contain 9.21 and 3.77 acres respectively, and are proposed for development as office/warehouse and office. 0utiots A and B, containing 3.27 and 1.28 acres, are designed to protect natural site amenities. In this particular case, Outlot A protects a heavily wooded knoll, while Outlot B is adjacent to Nine Mile Creek and designated as a preserved area. Site Plan The site plan depicts a total of three buildings being constructed on this site. Two, single-story structures containing 52,550 square feet and 73,450 square feet • are proposed for Lot 1, while a 58,000 square foot, five-story office building and a two-lane parking ramp containing approximately 93,000 square feet, is proposed for Lot 2. Total building square footage on Lot 1 is 126,000 square feet, resulting in a building Floor Area Ratio of 31.4 percent. The maximum Floor Area Ratio for single-story buildings in an I-2 Park zoning district is 30 percent. The Floor Area Ratio calculated for Lot 2, is 35.3 percent. Maximum Floor Area Ratio for a multi- story building in an Office zoning district is 50 percent. Should the proponent wish to maintain the proposed building square footage on Lot 1, a variance will be required and reviewed by Staff within the Planned Unit Development District Review. Staff would like to point out that because of the fact that the applicant has met the required building and parking setbacks, in addition to meeting the Code requirement for the number of parking spaces, the request for a Floor Area Ratio variance may have merit. Based upon the submitted details, the total number of parking spaces required for Tech 5 and 6 (Lot 1) using a building square footage breakdown of 63,000 square feet for office and 63,000 square feet for warehouse, would be 347 parking spaces. This figure is calculated using five spaces per 1,000 square feet for office, and 0.5 spaces per 1,000 square feet for warehouse. Total parking provided on-site is 354 spaces. Utilizing a building square footage of 58,000 and a parking requirement of five spaces per 1,000 square feet for office, a total of 290 parking spaces are required, which are provided for the Tech 7 site. Access and Parking Access to the two sites will be provided by three driveways off the extensions of West 73th Street and Golden Triangle Drive. As depicted on the site plan, the driveways to the Tech 5 and 6 sites are designed with separate in and out lanes, with wide medians. These medians, designed in conjunction with mass plantings, help to break the views into the large parking areas. Access to the Tech 7 site is a single, 25-foot driveway, which extends around the front of the building into the two-level parking ramp. There is a connection between the parking ramp and the Tech 6 parking lot, which benefits the internal traffic circulation pattern. In response to parking lot design however, Staff has some concern regarding the design for the Tech 6 site. Due to the 45-degree angle parking along the southern boundary of this site, which results in a one-way drive aisle, a total of 181 parking spaces are oriented towards the access on West 78th Street. This does not include any number of the 290 possible cars which are parked in the parking ramp, which may use the parking lot/ramp connection to facilitate the exit from the Tech 7 site. In addition, a number of cars may also wish to exit to West 73th Street from the Tech 5 site. Technology Park 5, 6 & 7 3 October 4, 1985 Staff is anticipating a traffic congestion problem at the exit to West 76th Street due to that portion of 45-degree angle parking, which ultimately results in a one- way drive aisle. Because of this, Staff would like to make a recommendation designed to reduce conflicts at this intersection, while also providing additional open space adjacent to the wooded knoll. Staff's recommendation would be to convert 5,000 square feet of office space to warehouse space. This conversion can take place over both the Tech 5 and 6 Buildings, which would result in a total square footage of 58,000 square feet for office, and 68,000 square feet for warehouse. Based on this conversion, a total of 324 parking spaces total would be required. The submitted site plan designates a total of 354 parking spaces, which is 30 spaces in excess of the Code requirement. With the elimination of the 34, southern-most, 45-degree angle parking spaces, a total of 321 spaces will be provided. This will allow for a change in the angle of parking to 90 degrees, thus creating a two-way drive aisle to facilitate traffic movement in this area. It will also allow for more open green space adjacent to the wooded knoll. Although the provided parking will be three spaces short of the Code requirement, the additional spaces can be provided by changing the 45-degree angle parking to 90-degree parking, which will allow for more space to meet this requirement. Summary A number of benefits can be derived from this design alternative which include: ( 1. Elimination of the one-way drive aisle increasing the efficiency of the internal circulation system. 2. Decreasing the proposed aisle width from 53 feet to 44 feet which allows for additional open space adjacent to the wooded knoll. 3. With the seven to nine-foot decrease in aisle width, a proportionate amount of grading on the wooded knoll could also be done, thus decreasing the slope and possibly the height of the ten-foot retaining wall. Grading The present topography on this site ranges from a low elevation of 834 on the southern border adjacent to Nine Mile Creek, to a high elevation of 932.7 feet on a wooded knoll in the southwestern area of this project. Slopes on this site have been calculated in a range from almost level in areas in which the gravel pit and mining ooerations have been, to slopes in excess of 2/1 on the wooded knoll. The amount of grading on this site can be broken down into two distinct categories and described as relatively minor and also as excessive. To begin, grading on Lot 1, Block 1, which is the location of Tech 5 and 6, office/warehouse buildings can be considered as relatively minor. Finished floor elevations of the two buildings are at the 360 and 262 elevations. Existing contours on this site range from a low of approximately 852 at a point adjacent to West 76th Street, to a high of 870 adjacent to the wooded knoll. Grading on this site can be described as an overall minor cut and fill operation designed to prepare this site for building, while allowing for storm drainage tp the proposed storm sewer system. This site abuts the wooded knoll with .elevations from 370 to 932.7. Because of this, there is a ten-foot high retaining wall proposed to allow for the completion of the parking area, while maintaining as many of the physical characteristics of the knoll as possible (see 1v� Technology Park 5, 6 & 7 4 October 4, 1985 Access and Parking section for alternative). There is an additional ten-foot high retaining wall proposed adjacent to the Tech 7 Building site. Again, the purpose of which is to allow for the completion of the parking and building area. Grading has been proposed on the wooded knoll between the 870 and 900 contour line, which results in slopes of approximately 2/1. Because the retaining walls are facing the back of the project and oriented in an east/west direction, views from Golden Triangle Drive are blocked. The retaining wall along the north side of the knoll, adjacent to Tech 5 and 6, may be reduced also, decreasing the effect the wall has on this site. The proponent will be required to submit retaining wall details for Staff to review. The other area in which the grading could be described as extensive, is the Tech 7 site, adjacent to Nine Mile Creek. Elevations on this site range from a low of 834 to a high of 870. Due to the building and parking ramp design, two finished floor elevations are proposed for each. For the building, cuts of up to ten feet and fills of approximately 18 feet are expected. Cuts of up to 20 feet and fill of eight feet are expected for the parking ramp. As previously mentioned, a series of retaining walls are also proposed adjacent to this site to allow for the development of the Tech 7 Building site while maintaining, again, as much of the wooded knoll as possible. Utilities Water and sanitary sewer service are available for these two sites. Water service can be provided by tapping an existing eight-inch water main within West 76th Street and extending north and south within Golden Triangle Drive. Sanitary sewer service can be provided by tapping an existing 36-inch sewer main located approximately 750 feet west of the subject property extending a ten-inch sewer line to Golden Triangle Drive, and from that point, an eight-inch sanitary sewer line will then be extended north of Golden Triangle Drive to service individual sites. Storm drainage on this site is designed to flow in a northwesterly direction towards West 76th Street, and in a southerly direction toward the ponding area and Nine Mile Creek. A series of catch basins have been designed within the paved areas, while natural drainage will occur adjacent to the creek. Prior to final plat, the proponent will be required to submit storm water run-off and erosion control plans for review by the City Engineer and Watershed District. Landscaping ` I For the amount of building area proposed for these sites (184,000 square feet) a total of 575 caliper inches is required. A total 641 caliper inches are provided. Due to the fact that the office building on Lot 2 is five stories, the distribution of caliper inch trees per the landscape ordinance has not been met. The landscape plant list shall be revised to reflect Code percentages. Overall berminq adjacent to West 76th Street and Golden Triangle Drive begins to screen parking areas on the Tech 5 and 6 sites. Along West 76th Street, these berms are approximately three feet in height and when coupled with a median street elevation of 858 and a parking lot elevation of 358, an effective berm height of five feet is achieved. This is generally deemed adequate when used with extensive coniferous plantings; however, the landscape plan depicts a number of overstory trees planted within the bermed areas. A number of these trees should be relocated and replaced with coniferous trees to aid in the screening of the parking area. TechnologyPark 5, 6 & 7 d 5 October 4, 1985 Berming along Golden Triangle Drive averages approximately three feet in height in relation to the road adjacent to the Tech 5 and 6 site. It is felt that these berms must be increased a minimum of two feet. This, in addition to a combination of understory and overstory plantings, should be adequate. With regard to Tech 7, the primary area of concern is the relationship of the building and parking ramp to Nine Mile Creek. Views from the creek include both a five-story office building (approximately 58 feet), and a two-level parking ramp (approximately 20 feet). The landscape and grading plan depict a number of berms averaging five to nine feet in height between Nine Mile Creek and proposed parking ramp structure. No berms are proposed between the office building and creek. Finished floor elevations for both the office and parking ramp is at 850, while the proposed pedestrian trail, adjacent to Nine Mile Creek is at 836. This results in a difference in elevation of 14 feet. The distance between the building and pathway is approximately 75 feet. Based upon the difference in elevation and the distance, slopes of 2/1 are being achieved. The primary purpose of this is to provide screening of the parking structure, while also decreasing the massing of the office building. Screening of the parking structure through bermings and plantings is being attempted; however, has been deemed inadequate. Because of this, Staff would like to present the following design alternatives based upon the following premise: A primary issue discussed in relation to the original Planned Unit Development approved for this site, was the retention of the wooded knoll in as complete a "natural state" as possible and the relation of any building development to the creek. The plan as submitted does not generally take into account either of these factors. Although the wooded knoll has been retained, the building and parking ramp have been placed in front of the hill, thus observing views from the south. In addition, both the building and parking ramp have been placed with approximately 120 feet of Nine Mile Creek. Alternative #1 Based on Staff review, a determination has been made that there are three areas in particular on the Tech 7 site, where an adequate transition is not being made between the proposed structures and Nine Mile Creek. These areas are the south elevation of the five-story office building, the south elevation of the two-level parking ramp, and the east elevation of the two- level parking ramp. In regards to the five-story office building, the grading and landscape plan do not indicate any specific design elements intended for use as a transition from the creek to the building. Because of the amount of berming that could be done in front of the building would have no appreciable effect, Staff is recommending that a number of large caliper inch trees, in addition to those depicted on the landscape plan, be planted to break up the views from the creek area. A variety of plant types can be used and should be reflected on the revised landscape plan. The eastern elevation of the two-level parking ramp also lacks the area to complete adequate berming for screening purposes; however, the landscape plan does indicate a number of coniferous trees planted in this area which may provide screening. In order for Staff to completely evaluate the effectiveness of the proposed screening, and to possibly suggest alternatives, the applicant will be required to submit detailed plans of the proposed parking structure. At a minimum, these plans shall include building elevations, parking lot design, sight lines, and an identification of exterior materials. Finally, in regard to the southern elevation of the parking ramp, Staff is recommending the structure be enclosed and buried up to the second floor _'r Technology Park 5, 6 & 7 6 October 4, 1985 (see Attachment A). This recommendation is designed to accomplish two purposes. First of all, it would allow for the complete screening of the parking ramp adjacent to the creek, thus partially creating a visual transition between the two distinct uses. To further aid in this transition, a significant amount of landscaping shall be placed within this area in addition to those coniferous trees indicated on the landscape plan. Secondly, the grades on the proposed slopes can be reduced also softening the transition from the creek to the parking structure. Alternative #2 In order to address the significant issues (that of retaining the wooded knoll, and transition to Nine Mile Creek), Staff suggests the following alternative. Primarily, this would include the combination of building and parking ramp in a multi-story structure along the rear of the property. This would "open up" views to the knoll from Golden Triangle Drive while also reducing the amount of grading required on-site. As a result, a "natural" transition to the creek will be achieved. In regard to the proposed building and parking ramp combination, this can be accomplished in a number of ways and should be the proponent's decision. Some suggestions include a "stepped" building from three to four stories, two to five stories, etc. It could also include covering all of the parking ramp with building or just part of it. Should Alternative #2 be selected, additional screening as recommended in Alternative #1, shall be required and any revised plans should reflect this. Architecture Tech 5 and 6 are office/warehouse buildings, with exterior building finishing materials consisting of a combination of rock face block, iron spot brick, dark tinted ribbon windows, poured concrete accent columns, and prefinished metal canopies. Both buildings are single story and appear office-like in nature. All loading facilities are located between the two buildings and are screened from views from the adjacent streets due to building locations and the existence of a 4D-foot median located within the access point on Golden Triangle Drive. Although this does provide some type of screening, the loading areas will be visible from views to the north and should be screened as much as possible. Due to the minimum ten-foot parking setback in this area, herming is not possible. As such, Staff is recommending that the twelve parking spaces to the north, directly in line with the loading area, be made of proof-of-parking. This will allow for the addition of a five-foot berm to help screen the loading area (see Attachment 8). In conjunction with the five-foot berm, the number of coniferous trees shall also be increased to aid in the screening process. Tech 7, the office building, features a five-story atrium in the center and has been designed to allow for the preservation of the wooded knoll to the north. Exterior materials on Tech 7 will be a combination of a glass curtain wall system, with a reddish brown granite exterior. The proponent will be required to submit samples of the exterior building materials for review by Staff, prior to the City Council meeting. 2ooftop mechanical units are proposed to be screened with a metal panel to match the Technology Park 5, 6 & 7 7 October 4, 1985 material used around the entries. To assure compliance with the rooftop mechanical screening, the City requires that the proponents bond for the cost of screening. Traffic A previous Staff Report talked about a need for a 19% reduction in traffic, based upon the findings and facts of the traffic study conduction by BRW, commissioned by the City. Since the Planned Unit Development Concept request has been revised from 499,500 square feet to 222,500 square feet, the impacts of traffic upon the road systems will be minimal at this time. This issue will remain for the land area west of Golden Triangle Orive and will need to be resolved in the future through land use or square footage reduction. Low intensity office uses, or high density residential uses represent two land use ways of reducing traffic volumes. Development to a higher percentage of office in the project west of Golden Triangle Orive may be possible in the future, if actual traffic counts would indicate less traffic generated than estimated.at this time. Using standard trip generation rates of 4.88 trips per day, per 1,000 square feet of warehouse space, and 12.30 trips per day, per 1,000 square feet of office space, a total 1,795 trips per day are expected from this development. A calculated breakdown of this figure includes 307 trips per day for warehouse, and 1,488 trips per day for office. The PM peak is calculated as the percentage of the total, which is 0.043 and 0.14 for office, or 13 and 208 trips per day in the peak hour respectively. A total of 221 trips per day are expected within the peak hour. As the site plan indicates, this property is only served by West 76th Street, until the Golden Triangle Orive connection is made to the south. Shoreland Ordinance Provisions of the Shoreland Ordinance are applicable to this site, since it abuts portions of Nine Mile Creek. Nine Mile Creek is designated as General Development Water and for office uses, the following regulations would apply: 1. Minimum lot size is two acres. 2. Minimum width at the building line is 150 feet. 3. Minimum width at the Ordinary High Water Mark is 150 feet. 4. Minimum setback from Ordinary High Water Mark is 150 feet. 5. Maximum building height is 30 feet. 6. Maximum amount of impervious surface shall not exceed 30 percent of the total lot area. Based upon a lot size of 3.77 acres, configuration, and building size and location, regulations 4, 5, and 6, would apply in this situation. As the site plan depicts, the proposed building and parking structure on Lot 2 will be placed within approximately 100-120 feet of the center line on Nine Mile Creek. This, in addition to a building height of five stories, which exceeds the 30-foot maximum and an impervious surface area (35%) which exceeds the 30% maximum, shall require variances. Since Shoreland variances cannot be granted through the Planned Unit it • Technology Park 5, 6 & 7 8 October 4, 1985 ( Development process, the proponent will be required to file an application with the Board of Appeals for review and consideration of height, setback, and inpervious surface variances. Conditions for approval would be the mass plantings of lowland vegetation adjacent to the creek to increase the "natural" look of this area. Pedestrian Systems Improvements to Golden Triangle Drive and West 76th Street Extension, will include a • five-foot wide concrete sidewalk along the east side of Golden Triangle Drive and both sides of West 76th Street. An eight-foot wide bituminous trail will be constructed also on the west side of Golden Triangle Drive. Signage The proponent shall submit an overall signage plan with details for review, prior to building permit issuance. Lighting The proponent should submit an overall lighting plan with details for review prior to building permit issuance. All proposed lighting shall be 20-foot, downcast luminars. Conclusions • { Staff has identified two primary issues related to this project which include the retention of the wooded knoll and the transition of any building development to Nine Mile Creek. On reviewing this project, Staff has determined that the submitted plan does not adequately address these issues and as a result, presented the Commission with the two design alternatives which may have merit. Since the proponent and Staff have not had the opportunity to review any design alternatives, Staff would like to recommend the continuation of this project. This recommendation is based upon plans dated September 25, 1985, and Staff Report dated October 4, 1985. • • • 2()La . .. , • • • .„,....... . . . . . . . . ,t, . . . 4... ., ....„... • . . . .. . •.. • ....:. ...-:.:,1: ..;,.."..:• I -• • . --...,.__.. - — - .... 'T:.'sy;.-..i•-.'.:- — ,-. . : - . . .... . • .. . ,.., .. . . . • .. , . - • • . . . . . . •. . . .... . .• . - ...-.. ..,. . - • 1cr . . . . . • _ , 4:vits:4 Pi.. .• ._ •-f :.. ... . . .. . • . . ' . . • > .. . . LU - • v./.1 -....- - • • . -. . ,t ..4. • . - 1 i .. . . . . 1. . . . -...-:'''.-- ' • . . . . 11...1 , • • s. .. . , .. • . .. . . • . • . .." .. . .., . • U.1 • -.--- •. •1e -.:•-•-• . • -. . • 7-• . --. . . ..• ... . „ . g—. 0 7 . ., . • „, . •7_, .... ....*:. . . . 4,ti •"ig tt • . 7.1, Zt . m....-4...., . .._,..- ....„;3.1.1 . . ... . . . . . 1,16'49 . . ---..77 ----. 10-61. It —1,-Ar r 4.1N , , ,,. f-----r-f-1----7—jk ••---.---17 77117-- / .i 0 1_," i , • . 1111 1-1 t, L-1 -111H1 i i mcrcerAFK),K,, r- .,A( n 1 ...i i I ("---1- 7.--".---.7EL :'ri_.,41%d \,_,,,' .-- -.. I 1 ' ': i I 1' , • ro • 1 e "r"... -.. 'f-...,S.A.F ' ' --.4--4‹,1 • NO / 4-,It, • i / , --'3,"?.*I';'"f1.1e,-- • , i t.t" . 1 ‘g•(>' - ' - 1 • :Oa 112, --. 1. ' • -.—.1.11:''' 7- ' ,-.1 -.., . .,...,, 1 q Di 11 / - -- El . - - - 0 _ i ...... k.. _. - _ r i i I • i i ; - - 1 - rECA FIVE ! , / ______,. .„- ... _ I / 1 v , 01 tti t ' ,i \ / - • • .•i,,zh.--i,' t i r • Li L ' . ' ...._ • - .---- - - . . 7 TB: X C S_ / 1,-, -,-x;.? • ' ----:1\-:--, [Hi 'N. 1- • - 4imor i :r1411 1 . ipm., -•__......, ,..c.1.4 ...,. . ,.., . • . fb _ • I�rtiuno/ C...a/'NinsSio2... L-fau-Zes /d-7-bJ F. HOYT TECH 5, 6, & 7, by Technology Park Associates. Request for Planned Unit Development District Review, with variances, on 17.53 acres, Zoning District Changes from Rural to I-2 Park on 9.27 acres, and Rural to Office on 3.74 acres, with Shoreland Ordinance variances to be reviewed by the Board of Appeals, Preliminary Plat of 17.53 acres into two lots and two outlots for construction of two warehouse buildings and one office building, totalling 184,458 square feet. Location: East of Golden Triangle Road and South of West 76th Street. A public hearing. Mr. Brad Hoyt, proponent, reviewed the site characteristics of the property, existing surrounding development, and the proposed project features. Mr. Hoyt explained that the Floor Area Ratio for the industrial portion of the property was proposed to be 31.4, over the Code maximum of 30.0; however, a three-acre outlot was adjacent to this site and would be dedicated to the City. He was asking for this variance as part of the Planned Unit Development review. Mr. Hoyt stated that he was aware of Staff's concern regarding the diagonal parking on the west perimeter of the industrial site. He stated that, based on experience with this design on other projects, he felt that it would work. He added that he had no objections to the Staff recommendations regarding landscaping. Regarding the proposed office building on the southeast portion of the site, Mr. Hoyt stated that granite would be used as an exterior material for the structure. He reviewed several siting options for the structure on the lot, explaining the difficulties of various footprints of the structure given the site constraints. Mr. Hoyt noted that the Staff Report had suggested one alternative which he preferred, which called for "burying" the parking ramp from view in order to accomplish screening. He stated that he had done comparisons of the costs of the various alternatives suggested and that this one seemed to work best. Planner Enger reviewed the findings and recommendations of the Staff Report regarding the development proposal. He noted that the requested variances to the Shoreland Management portion of the ordinance could not be reviewed by the Planned Unit Development Review process, and, therefore, would require action of the Board of Appeals. Planner Enger added that Staff supported the requested variances to the Shoreland regulations based on the design of the site. Planner Enger stated that the changes requested for the parking ramp and I Planning Commission Minutes 9 October 7, 1985 some of the other recommendations of the Staff Report were significant enough to have the item returned to the Planning Commission for additional review. Mr. Hoyt asked the Commission for permission to be scheduled for the November 5, 1985, City Council meeting, noting that he was willing to comply with all the recommendations of the Staff Report and would need time only to put the recommendations into plan format for City review. Chairman Schuck asked for comments or questions from members of the audience. There were none. MOTION: Motion was made by Gartner, seconded by Dodge, to continue to the October 28, 1985, Planning Commission meeting, pending revision of plans per the recommendations of the Staff Report of October 4, 1985. Further, that the Planning Staff be authorized to publish the item for the November 5, 1985, City Council meeting for public hearing. Motion carried-6-0-0 V. OLD BUSINESS None. VI. NEW BUSINESS None. VII. PLANNER'S REPORT None. VIII. ADJOURNMENT MOTION TO ADJOURN was made by Oodge, seconded by Gartner. Chairman Schuck adjourned the meeting at 11:25 p.m. ORDINANCE NO. 37-85 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 11.45 ENTITLED "FLOOD PLAINS REGULATION" 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. Eden Prairie City Code Section 11.45, Subd. 1.B. shall be and is amended by adding subparagraph 10 which shall read as follows: [10. Maintain the City's eligibility in the National Flood Insurance Program.] Section 2. Eden Prairie City Code Section 11.45, Subd. 2 :;hall be and is amended by inserting a new : .bparagraph 6 which shall read as follows, and renumbering existing subparagraphs 6 through 13, inclusive, as 7 through 14. 16. "Flood Insurance Rate Map (FIRM)" - The official map of a community, on which the Federal Insurance Admir.strater has delineated both the special hazard areas and the risk premium zones applicable to the community.] Section 3. Eden Prairie City Code Section 11.45 shall be and is further amended by inserting a new Subd. 3 which shall Lead an tr.>i lews, and renumbering existing Subd. 3 through 17, r.<_lusi.y as Subd. 4 through 18. (Subd. 3. Adoption of Federal Flood Insurance Rate nip. Tire Flood Insurance Rate Nip for the City of Eden Prairie, dated Nov tuber 5, 1985, developed by the Federal Emergency -0anageement Agency, is hereby adopted by reference and made a part wrcof. a<�s� Section 4. City Code Chapter 1 entitled "General Provi- sions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 are hereby adopted in their entirety, by reference, as though repeated • verbatim herein. Section 5. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of 1985, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1985. ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1985. -2- • • MEMORANDUM • TO: Planning Commission FROM: Kate Karnas, Administrative Assistant THROUGH: Chris Enger, Oirector of Planning DATE: October 25, 1985 SUBJECT: Flood Plain Ordinance Amendment to Code and Mapping to Meet Flood Insurance Rate Map Criteria As the Commission is aware, the City currently has a flood plain ordinance in effect, which it has been using for some time now. Earlier this year, the Federal Emergency Management Agency (FEMA) contacted the City informing us that the City • would be required to go through a process to adopt an official Flood Insurance Rate • Map (FIRM) in order to allow property owners with land in designated flood plain areas to receive better rates for flood insurance. There are two parts to this process: one is mapping; the other is ordinance adoption, or, in the case of Eden Prairie, ordinance amendment. City Staff, along with the Watershed District staff, have reviewed all the mapping required for this process. On November 5, 1985, we would like to process the required ordinance adoption at the City Council level. Following below is the language we would be required to add to the Flood Plain Ordinance section of our Code: "Adoption of Flood Insurance Rate Map. The Flood Insurance Rate Map for the City of Eden Prairie, dated November 5, 1985, developed by the Federal Emergency Management Agency, is hereby adopted by reference and made a part • of this ordinance." This is the only statement needed in our Code according to FEMA, due to the fact that the Minnesota Department of Natural Resources approved the balance of our flood plain management several years ago. The Staff would suggest a positive recommOtation for this amendment to the City Council. ,.�U-: -t%=may li July 25, 1985 • Mr. Charles A. Lindsey, Chief Technical Operations Division Federal Insurance Administration Federal Emergency Management Agency Washington, DC 20472 Dear Mr. Lindsey: After an in-house review of the proposed mapping of our flood plain areas as prepared by Greenhorne & O'Mara, and after meeting with the Staff of the watershed districts governing our community, we have some changes we would like made to the maps sent to us for final Flood Insurance Rate Maps (FIRM) for our community. While the number of changes may appear great, you will find that the changes are really grouped by several types and are explained below in greater detail. For example, we have eliminated many of the lakes and ponds from designation as Zone A either because they are not part of a creek system, or because their banks are high enough to contain the additional water which would occur up to the elevation of the 100-year occurence, or because outlet systems exist within the lake or pond which prevent overflow above the elevation of the 100-year occurence. In some instances more than one of these situations is the case for a particular lake or pond. This is the reason that these lakes and ponds were not designated as flood plain on the zoning map we sent to Greenhorne & O'Mara. The following numbered areas from the enclosed map fall within the above category: 1, 2, 3, 5, 7, 8, 9, 10, 13, 14, 16, 17, 21, 23, 24, 25, 27, 28, 29, 3D, 31 33, and 34. Another area of concern has to do with the scale of the plans being used, more than anything else. In a few areas, it appears from t e mapping you provided that streets, or lots, flood at the 100-year occurence. a have reviewed these areas and find that this is not the case. The scale of the plans makes it difficult to show this, but the changes should be made so as not to mislead future homeowners. The following numbered areas from the enclosed map fal it``h�in the above category: 4--pull flood plain "back" and south of cul-de-sac for Stonewood Court „ 6--pull flood plain off Tanager Lane, shrinking flood plain to the east 11--pull flood plain off Bittersweet Drive to the west, allowing room for lots in that area, approximately 150 ft. deep 12--pull flood plain off Graben Court to the east, allowing room for lots in that area, approximately 150 ft. deep 18--pull flood plain off Island Road to east and west, allowing room for lots in that area, approximately 50 ft. on either side of the road One other area of concern involves mislabeled streets. These should be as follows: I 32--should be GREY (not Gary) WIDGEON PLACE 35--should be WEST RIVERVIEW and RIVERVIEW (not Far View, nor West Far View) ROAD 36--(back to map one, lower left side) should be TIMBER LAKE DRIVE (not Lake Drive) 37--(again on map one, just east of #36) should be SCENIC HEIGHTS DRIVE (not Enic Heights Drive) Lastly, based on revised profiles of the watershed areas by the respective watershed districts, there have been three revisions which the City sent in the form of profiles from the watershed district to Greenhorne & O'Mara, which were not represented on, the plans and which should be corrected. These are: • 19--An area of approximately 65 acres which should be ADDED to the plan as a Zone A designation. It is sketched on the plans enclosed. 22--An area of approximately acres which should be ADDED to the plan as a Zone A designation. It is sketched on the plans enclosed. 26--An area of approximately acres which should be DELETED from the plans and considered as a Zone C designation. L. All of these changes have been reviewed with the respective watershed districts and their staff concurs with our Planning and Engineering staffs on all these items. If you have any questions, please contact me. i,:L' Sincerely, • F CITY OF EDEN PRAIRIE Kate Karnas Administrative Assistant Planning Department Enclosures cc: Jean Johnson, Zoning Administrator- Dave Olson, Engineering Department Bob Obermeyer, Barr Engineering • MEMORANDUM • TO: Planning Commission FROM: Chris Enger, Director of Planning DATE: October 25, 1985 SUBJECT: Prairie Village Apartments--Redevelopment Plan Attached hereto is a redevelopment plan for the Prairie Village Apartments by Derrick Land Company, which was prepared at the direction of the Eden Prairie Housing and Redevelopment Authority (HRA) by City Staff and the City Attorney's office. The Commission reviewed the site plan details of this development in late 1984, recommending approval to the City Council. The HRA is now forwarding the redevelopment plan to the Planning Commission for their review and recommendation as required by State Statutes. This redevelopment plan is necessary and integral part of the financing package for this development in order to allow for the establishment of a TIF District. The funds will be utilized as an interest rate subsidy, which will translate to lower rents for the 56 elderly units to be built to serve low and moderate income individuals. There are several areas covered by this redevelopment plan, including a complete description of the project area, project administration details, development activities, goals and objectives, relationship to local objectives, a description of the public development activities involved, site preparaion, urban design guidelines, the developer's obligations, and a relocation program. The Commission is being asked to make a series of findings regarding this redevelopment plan which are also attached. If the Commission concurs that the findings are indeed valid, Staff would recommend approval of the findings to the City Council. CITY OF EDEN PRAIRIE CITY COUNCIL RESOLUTION NO. 85-243 RESOLUTION OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR EDEN PRAIRIE, MINNESDTA, APPROVING THE REDEVELOPMENT PLAN ENTITLED "PRAIRIE VILLAGE REDEVELOPMENT PLAN AND TAX INCREMENT PLAN," DATED OCTOBER , 19B5 WHEREAS, the Housing and Redevelopment Authority in and for Eden Prairie, Minnesota, (the Authority), has now caused to be prepared a Redevelopment Plan for a Redevelopment Project for the Outlots B and C of Gonyea 4th Addition, of Eden Prairie, Minnesota (the project area), entitled "Prairie Village Redevelopment Plan," dated October , 1985, (the plan); and, WHEREAS, the plan has been prepared with the cooperation and assistance of the appropriate City departments; and, WHEREAS, the Authority has transmitted the plan to the Planning Commission of the City of Eden Prairie for its study, and has requested the written opinion of the Planning Commission on the plan, all pursuant to Minnesota Statutes 462.515; and, WHEREAS, the Planning Commission has now studied and considered said plan, which consists of: Description of Redevelopment Project Area, Project Administration, Development Activities, Goals and Objectives, Relationship to Local Objectives, Description of Public Development Activities, Site Preparation, Urban Design Guidelines, Developer's Obligations, and Relocation Program; NOW, THEREFORE, be it resolved by the City Council of the City of Eden Prairie, that, having studied and considered the plan and having held a Public Hearing in which the City Council, and all interested persons were heard, that it finds the following: 1. The plan provides an outline for the development and redevelopment of the project area and is sufficiently complete to indicate the relationship of the plan to the objectives of the City of Eden Prairie as to appropriate land uses within the project area, and to indicate the general land uses and general standards of development or redevelopment within the project area; and, 2. The project area is land or space which is vacant, unused and underused within the meaning of Minnesota Statutes 426.421, Subdivision 13 (3); and, 3. The project proposed by the plan, may be developed at a cost reasonably related to the public purpose to be served without major residential clearance activities, and with full consideration of the preservation of beneficial aspects of the urban and natural environment, for such uses as are consistent with emphasis on housing for low and moderate income families; and, 4. The land in the project area would not be made available for redevelopment or development without the financial aid to be sought and as proposed by the plan; and, 5. The plan affords maximum opportunity for the development and redevelopment of the project area by private enterprise, consistent with the sound needs of the locality as a whole; and, 6. The objectives and purpose of the plan conform to, and are consistent with, the City of Eden Prairie Comprehensive Plan and planning objectives • previously, from time to time, established by the Planning Commission and the City Council of the City of Eden Prairie for the development of the project area and the locality as a whole. NOW, THEREFORE, BE IT RESOLVED THAT, whereas the City anticipates the receipt of Community Development Block Grant (CDBG) funds in the amount of $128,819.00 for the acquisition by the Housing and Redevelopment Authority in and for the City of Eden Prairie (HRA) of land described in Exhibit A, attached hereto, (the land) the City hereby authorizes the contribution and payment to the HRA of S128,819.00 for the purchase of the land, provided, however that if the CDBG funds or any part there of are received by the HRA, a sum or sums equal to such amounts received by the HRA shall be reimbursed to the City. FURTHER BE IT RESOLVED, that the City Council hereby approves the Plan and directs the City Manager to take all appropriate action to carry out the plan. DULY ADOPTED BY THE AUTHORITY this 5th day of November, 1985. John D. Frane, City Clerk Gary D. Peterson, Mayor HEARING DRAFT HEARING DRAFT HEARING DRAFT I PRAIRIE VILLAGE REDEVELOPMENT PLAN TAX INCREMENT FINANCING PLAN Eden Prairie, Minnesota • October 1985 is - TABLE OF CONTENTS REDEVELOPMENT PROGRAM Description of Redevelopment Project Area Project Administration Development Activities Goals and Objectives Relationship to Local Objectives Description of Public Development Activities Site Preparation Urban Design Guidelines Developer's Obligations Relocation Program METHODS OF FINANCING/TAR INCREMENT PLAN Statement of Public Purpose Statutory Authority Legal Descriptions Development Policy - Use of Tax Increment Tax Increment Financing Plan Detailed Tax Increment Income Sources Estimated Costs 19R5 Original Assessed Value Estimated Impact on Other Jurisdictions Percent of Tax Increment Attributed to Other Jurisdictions and Amount of Captured Tax Not Collected Appendix A - Cash Flow Assumptions 1 \ Bond interest Payments TIF Valuation Detail Projected Cash Flows Legal Descriptions ( 2 2Gb� • REDEVELOPMENT PROGRAM DESCRIPTION OF PROJECT AREA The Prairie Village Apartment Project is located on Outlots B and C of Gonyea 4th Addition P.U.D. in Eden Prairie, Minnesota. See Exhibit A. • PROJECT ADMINISTRATION The redevelopment program would be administered by Mr. Carl Jullie, administrator of the Eden Prairie Housing Redevelopment Authority and City Manager for the City of Eden Prairie. The details of the management of the project are set forth in a proposed Project Management Agreement by and between Housing and Redevelopment Authority in and for City of Eden Prairie and Prairie Village Limited Partnership. DEVELOPMENT ACTIVITIES The redevelopment of this area would be accomplished through the efforts of the City of Eden Prairie in its Housing and Redevelopment Authority together with Prairie Village Limited Partnership. It is anticipated that the redevelopment of this area will involve the construction of two three-story elevator buildings containing 56 housing units and underground parking. One building will be entirely occupied by lower income elderly persons which is defined as persons 55 years of age or older. The other building will be operated as a multi-family residential rental project of which at least 20% of the housing units will be specifically reserved for tenants whose adjusted gross incomes are not greater than 80% of the Minneapolis/St. Paul Metropolitan Statistical Area Median Income. Pursuant to a proposed project management agreement between the BRA and the developer, the elderly housing building must be completed and operational on or before September 1, 1987. It is anticipated that the second housing building will be completed at or around the same time. COALS AND OBJECTIVES COAL: To Provide Housing OBJECTIVES: A-1 Accommodate high-density housing A-2 Promote housing for low income elderly and families A-3 Promote housing for individuals and families A-4 Promote housing for moderate and middle income individuals families and elderly // 3 ,)ul<+e • A-5 Provide housing which adds to the tax base A-6 Develop housing which maximizes the competitive location GOAL: To Approve a Housing Development which is Designed to be Complementary to the Eden Prairie Neighborhood as well as a development which is Marketable OBJECTIVES: B-I Develop housing which will be compatible with the adjacent land uses B-2 Provide site amenities to enrich the living environment including: - Screen parking areas and utilities - Utilize indigenous plant material when possible - Protect future residences by set back berms and landscaping - Maintain safe sight distances at intersections - Provide garages, resident and guest parking - Provide brick or similar building facades on 75% of the building area to complement the surrounding area. - promote energy efficient housing • B-3 Develop the site according to city ordinances. B-4 Create a positive living environment by enhancing the distinctive qualities of the area GOAL: To Maximize Use of Tax Increment Financing to Reduce Rents for Low and Very Low Income Elderly C-1 Develop a Plan which reduces rents on the elderly housing development. C-2 Develop a Plan which minimizes the length of time TIF is • used. C-3 Develop a Plan which provides for the repayment of TIF not used for reduction of rents. C-4 Develop an Interest Reduction Program as defined in Minnesota Statutes 273 to reduce rents. • 4 .264g 1 r. RELATIONSHIP TO LOCAL OBJECTIVES The Prairie Village Apartment Project appears consistent with the following policies set forth in the City's Housing Plan which was adopted pursuant to Minnesota Statutes Sec. 462(c). 1 1. The City's desire to encourage low income housing projects and to work with the Metropolitan Council to develop such projects. 2. The City's desire to encourage development of a variety of • living and working environments for all kinds of people by holding development costs down. 3. The City's desire to encourage a variety of housing types and prices through inovative land use mixes. 4. The City's desire to encourage development of a variety of living and working environments for people of all ages, races and income groups. 5. In creating its multifamily housing finance program, the City Council of the City has found and determined that the preservation and enhancement of the high quality of life in the City is dependent upon the maintenance and provision of adequate, decent, safe, and sanitary housing stock; that accomplishing the provision of such housing stock is a public purpose and will benefit the citizens of the City; that a need exists within the City to provide in a timely fashion additional and affordable housing to persons residing and expected to reside in the City; that a need exists for mortgage credit to be made available for the new construction of addition4 multifamily housing; that a need exists to encourage elderly and low income housing projects; that a need exists to encourage development of a variety of living and working environments for all kinds of people by holding development costs down; that a need exists to encourage a variety of housing types and prices through innovative architecture and land use mixes; and that a need exists to encourage development of a variety of living and working environments for all people of all ages, races, and income groups. 6. The City, in considering the multifamily housing program, has considered generally available information regarding conditions in the housing industry and the information contained in the City's 462C Housing Plan, adopted on October 30, 1978, as amended February 2, 1982 (the Rousing Plan), including particularly (i) the availability and affordability of other government housing programs; (ii) the availability and affordability of private market financing of the acquisition of land for and1 construction of 5 6,77 multifamly housing units; (iii) an analysis of population and employment trends and projections of future population trends and future employment needs; (iv) the recent housing trends and future housing needs of the City; and (v) an analysis of how the program will meet the needs of persons and families residing and expected to reside in the City. • 7. The City, in considering this program, has further considered (i) the amount, timing, and sale of bonds to finance the estimated amount of construction and mortgage loans to be made under the program, to fund the appropriate reserves and to pay the cost of issuance; (ii) the method of monitoring and implementation of the program to assure compliance with the City's Housing Plan and its objectives; (iii) the method of administering, servicing and supervising the program; (iv) the cost to the City, including future administrative expenses; (v) the restrictions on the multifamily development to be financed under this program; and (vi) certain other limitations. • �1-1 Ij 6 DESCRIPTION OF PUBLIC DEVELOPMENT ACTIVITIES No public development activities are anticipated. Public streets (Wagner Way), and utilities, including water, sewer, electric and gas were installed in 1984. SITE PREPARATION It is anticipated that special steps are needed to prepare the acquired site for redevelopment by the developer. Soil problems are evident in the areas proposed for purchase by the Housing and Redevelopment.Authority. • :1�7:� 7 i i r DESIGN GUIDELINES Introduction One of the primary objectives adopted by the Eden Prairie HRA for this area is to create a positive living environment by enhancing the distinctive qualities of the area; enhancing the area's residential identity and setting appropriate design standards for development. To accomplish the HRA objective, design criteria has been developed • for major landscape and building elements. The design criteria has been developed to guide the overall design character of the area. The goal is to set the design tone and to establish aesthetic and functional standards within which future design and development should take place. The following design concepts should guide the overall development. While specific problems will arise periodically which will require special treatments, it is essential that a basic concept of materials and character be continued throughout. • ^+071 8 DESIGN GUIDELINES A. Coals and Objectives The overriding goal of the Design Guidelines is to create a cohesive, informal, quality image. 1. Design Objectives Design objectives applied to the Design Guidelines are as follows: * Create a sense of entrance into the development * Screen parking areas and utilities * Provide seasonal interest * Maintain visibility to commercial buildings * Utilize indigenous plant material when possible * Stabilize slopes * Maintain safe sight distances at intersections * Complement architecture * Establish naturalized transitions to adjoining single family neighborhoods and wetland areas. B. Landscape The plan incorporates five main types of plantings: entrance, perimeter/screening, interior plantings, boulevard, and wetland plantings. 1. Entry Plantings a. Locations 1. The intersection of County Road 4 and the proposed internal street 2. Individual site entrances b. Plant Materials. Amur Maples or similar species have been located at the entrance off Wagner Way. Horizontal Spreading Jimipers and evergreen trees are suggested to be used as base plantings and backdrops respectively around the ornamental entry trees. Shade trees should be located to designate and frame entrances to individual sites. Sight lines should be maintained under the shade tree canopies. Each entry should be defined by group plantings of a single species. '2107q 2. Perimeter/Screening Landscape Treatment a. Locations 1. Open space within setback areas between street right-of-way and buildings or parking lots. 2. Open space between the commercial areas and the rear lot lines of the single family lots. 3. Open space along lot lines separating commecial lots. b. Plant Material. The primary function of the setback areas is to provide open space for landscaping which should buffer views to parking areas and frame views to buildings. The setback areas also provide space for site lighting, signage, and snow storage. The landscape treatment of the perimeter areas should consider these functions on a site-by-site basis and also provide a unifying character throughout the entire development. The combined use of evergreen massings, shrub massings, shade trees and berming will provide a unifying, informal character throughout the development. The functions of buffering and framing views can also be easily accomplished by using the evergreen, shrub, and berm combination. Single specie massings of shrubs and evergreen trees are encouraged. The plant list suggests plant materials to be utilized within the perimeters. 3. Interior Plantings a. Locations. Building foundations and entries, walkways, and parking lot islands. b. Plant Materials. The Landscape Plan does illustrate interior landscape treatments. However, interior plantings 'should carry through the spirit of the goals and objectives and informal character of the Landscape Plan. Interior plantings should complement the architecture, define building entries, and provide seasonal interest. Other functional aspects such as planting for energy efficiency and utility screening are also encouraged. h!'ic /W t.' 2 1 4. Boulevard Trees Boulevard Trees shall be planted along the right-of-way lines within the residential area. The intent of the boulevard trees is to add a unifying and organizing element to the development. 5. Wetland Area The 9.0 acre wetland area in the southwest corner of the site provides a natural amenity for the development. The objectives of the landscape treatment of this area are to establish a naturalized transition between the wetland edge and future development, and create more cover for wildlife. II. Site Lighting A. Objectives To provide adequate lighting to allow for safe pedestrian and vehicular use during evening hours. Also to accomplish this goal through a commitment to a common lighting system. This common lighting system provides another opportunity to integrate the individual sites and strengthen the image of the entire development. B. Type of Fixture Because the property has a mix of residential and commercial uses, it is essential that the fixtures chosen be of a down-cast, cut-off type. The light standards shall be a box type with brown anodized aluminium poles and fixtures. The refractor shall be clear acrylic set within a square fixture, 12 to 18 inches in width. High pressure sodium lamps shall be used. C. Height and Location The maximum allowable light pole height will be 20 feet. Lighting which is proposed specifically for pedestrian ways will he mounted on 12 foot high poles. III. Architectural Standards A. Exterior Building Materials Exterior building materials shall be dark tones, traditional materials; face brick and mortar, copper, or wood are encouraged. However, other basic materials may be approved if it can be demonstrated that the result will be compatible with the goals and objectives of the whole development. The high degree of visibility afforded this project makes it essential that high quality materials are used on all four sides of its structures. a06 3 If metal frames and trim are to be used, it is strongly suggested that they be dark brown and anodized finish or painted a dark brown color to match. Corten steel trim is also an acceptable susbtitution. If wood frames and trim are proposed, they should be stained or painted dark brown. The architectural character should be harmonious in style and material with the adjacent shopping center. IV. Signage A. Objective To establish a reasonable set of standards and regulations to cover the erection, use, and/or display of signs and displays. These standards should allow for innovation and free expression while assuring that the public is not endangered, annoyed, or distracted. B. City Sign Ordinances Chapter 11 of the Eden Prairie City Ordinance governs the erection, use, and/or display of devices, signs, or symbols to attract attention. V. Screening A. Objective Due to the high visibility of the commercial sites and the proximity to single family homes, the following performance standards are adopted to insure the protection of a strong and consistent image on all four sides of individual sites. 1. Rooftop Utilities All rooftop utilities shall be screened from view. The extension of parapet walls and other modifications of roof treatments will he judged as preferable to the construction of separate rooftop screening devices. If it is impossible to avoid the construction of separate screens, they should be made of materials which are compatible with the principal structure and treated to appear as inconspicuous as possible. 2. Other Utilities Other utilities such as meters and condensers should be located to insure their proper function and facilitate easy maintenance. They should be totally screened from view, or treated in a manner which complements the architectural treatment of the principal structure. 'Zi,714 3. Service Areas Areas for loading and other essential service functions should be properly provided for on site and building plans. In preparing said plans, individual site designers should strive to maximize the efficiency of these essential service functions in a manner which has the least possible negative aesthetic impact on the development. Any necessary activities which would consistently create objectionable views should be screened from view. DEVELOPER'S OBLIGATIONS The general requirements to be imposed upon developers by contract for sale and/or agreement to develop are: o Tc develop the land according to the development plan; o Nct to discriminate on the basis of race, sex, color, creed of national origin the sale, lease, transfer or occupancy of tie property covered by contract or agreement with the Authority; o T, devote the 56 housing units only to the use permitted udder this plan for a period of 18 years from the date of tt.a Contract and Agreement; and II o Tr design and construct building site and improvements to cciform to the design guidelines of this plan. } .%) 9 RELOCATION PROGRAM As the area proposed to be purchased by the HRA is vacant land, no relocation is necessary. PROPERTY ACQUISITION As the area proposed to be purchased by the HRA will be redeveloped for elderly low income housing, Community Development Block Grant (CDBC) will be used to acquire the property. The property will be sold to a developer at a reduced price as an incentive to develop low income housing. The 1970 Uniform Real Estate Acquisition and Relocation Act and the appropriate and subsequent United States Department of Housing and Urban Development Regulations will be used when acquiring property in this Redevelopment Project Area. 2620 i0 METHODS OF FINANCING/TAX INCREMENT PLAN STATEMENT OF PUBLIC PURPOSE The Eden Prairie Housing and Redevelopment Authority (HRA) and the City of Eden Prairie City Council (City) have found that there is a need for new housing development in an area of the city known as Conyea 4th Addition, Out lots B and C (Exhibit A). This area, which is predominantly undeveloped is being designated as a tax increment district to provide occupancy, in part, by persons or families of low and moderate income and elderly persons or families of low and moderate income. Also, the area is being designated as a housing tax increment district inasmuch as recent studies have shown the need to satisfy housing demands of the elderly with low and moderate income. STATUTORY AUTHORITY The HRA designates Outlots B and C, Conyea 4th Addition project area as a Housing District as authorized by Minnesota Statute 462. Within this District, the HRA plans to undertake housing development tax increment financing, established pursuant to Minnesota Statute Sections 273.71 to 273.78 by establishing and using an Interest Reduction Program as allowed by Minnesota Statutes 273. DEVELOPMENT POLICY - USE OF TAX INCREMENT 1. In the tax increment district, all revenues derived from tax increment will be used in accord with the tax increment financing plan. The revenues shall be used for the following purposes: o To pay the principal of, and interest, on bonds used to finance the project; o To repay any loans, including interest on loans as authorized by the HRA or City Council; to pay for any project costs pursuant to Minnesota Statutes Chapters 472A and 462; o To accumulate and maintain a reserve, in a special redevelopment account, for the payment of principal and interest on bonds used to finance a project; and o To pay for project costs, as identified in the individual project budgets. 11 o To pay interest on Revenue Bonds as allowed by an Interest Reduction Program. 2. In any year in which the tax increment exceeds the amount necessary to pay the cost authorized by the tax increment financing plan, including the amount necessary to cancel any tax levy as provided by law, the HRA shall use the excess tax increment amount to: o Repay any outstanding bonds; o Discharge the pledge of tax increment; o Pay into an escrow account dedicated to the payment of such bonds; or o Return the excess amount that exceeds the total project costs to the city, county, school district in direct • proportion, provided the needs specified in 1-3 have been satisfied. 3. In creating the tax increment district, it is the policy of the HRA to limit the use of tax increments pursuant to Minnesota Statutes 273. These limitations are as follows: o The tax increment pledge to the payment of bonds and interest may be discharged, and the tax increment financing district may be terminated if sufficient funds have been irrevocably deposited in the debt service fund or other escrow account held in trust for all outstanding bonds to provide for payment of these bonds at maturity or the redemption date and interest on the bonds to the maturity or redemption date. o No tax increment shall be paid to the HRA for a tax increment financing district after three years from the date of certification of the original assessed value of the taxable real property in the district by the county auditor unless within that three year period one of the following occurs: - Bonds have been issued pursuant to Minnesota Statute 273 or in aid of the project pursuant to any other law: - The HRA has acquired property within the district; or - The BRA has constructed, or caused to be constructed, public improvements within the district. - The HRA has not prepared and implemented an Interest Reduction Program. 4. No tax increment shall, in any event, be paid to the HRA from the housing project after 25 years from the date of receipt by the HRA of the first tax increment. a6et,,t k2 5. If, after five years from the date of certification of the original assessed value of the tax increment financing district, no demolition, rehabilitation or renovation of property or other site preparation, including.improvement of a street or right-of- way adjacent to a parcel but not installation of underground utility service, have been commenced on the parcel located within the tax increment financing district by the city or the HRA or by the owner of a parcel in accord with the tax increment financing plan, no additional tax increment shall be taken from that parcel, and the original assessed value of that parcel shall be excluded from the original assessed value of the tax increment financing district. However, if these activities have commenced, the HRA shall certify to the county auditor and the property may be added to the tax increment financing district. 6. The city building inspector shall maintain a record of all building permits issued within the district for private redevelopment, including alterations, additions, new construction or demolition. 7. No tax increment shall be used to pay any administrative expenses for a district which exceeds 5X of the total tax increment expenditures authorized by tax increment financing plan or the total tax increment expenditures for the district, whichever is less. 8. The geographic area of the tax increment financing districts may be reduced, but shall not be enlarged, after five years following the date of certification of the original assessed value of the county auditor. 9. The tax increment financing plan may be modified by the HRA or city provided that any reduction or enlargement of the geographic area, increase in the amount of bonded indebtedness to be incurred, increase in the portion of captured assessed value to be retained by the HRA, increase in the total estimated tax increment expenditures or designation of an additional property to be acquired by the BRA shall be approved upon notice and after such discussion, public hearing and findings required for approval of the original plan. 10. The HRA will file an annual disclosure report for the tax increment financing district. The report shall be filed with the school hoard, county hoard, and the Minnesota Department of Energy Planning & Development. This report is to be filed by the HRA district administrator and is to include the following information. o The amount and source of revenue in the account; o The amount and purpose of expenditures from the account; o The amount of any pledge of revenues, including principal and interest on any outstanding bonded indebtedness; "forA �' 13 o The original assessed value of the district; o The captured assessed value retained by the city and HRA; o The captured assessed value shared with other taxing districts; and o The tax increment received. 11. The HRA will publish a statement in a newspaper of records, showing the tax increment received and expended for each year, the original assessed value, the captured assessed value, amount of outstanding bonded indebtedness and any additional information the HRA and city deem necessary. 12. The development policy for the district shall be in accord with the Prairie Village Redevelopment Plan and the following policies: o No more than 252 of the acreage of property to be acquired in the redevelopment/housing district shall be owned by the HRA as a result of acquisition for the proceeds of bonds issued pursuant to 273 without the HRA or city having, prior to acquisition, in excess of 257. of the acreage, concluded a developer's agreement for the development, redevelopment, or rehabilitation of the property acquired and which provides recourse for the HRA should the development not be completed. o The HRA as part of a developer's agreement will enter into an assessment agreement. This assessment agreement which • will be in recordable form, will establish a minimum market value of the land and completed improvements for the duration of the tax increment redevelopment district/housing district. The assessment agreement will be presented to the county assessor, who shall review the plans and specifications for the improvements constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and, so long as the minimum market value contained in the assessment agreement, appears, i.n the judgment of the assessor, to be a reasonable estimate, the assessor will certify the minimum market value agreement. o All redevelopment agreements will be secured in the form of a bond, letter of credit, cash or second mortgage, in an amount to be determined by the HRA. o All proposed developments will conform to the redevelopment project area plan and urban design guidelines. , 676 14 DETAILED TAX INCREMENT INCOME SOURCES: Year Development Assessed Value 1987 112 Housing Units $949,268 Estimated Captured Assessed Value The estimated captured assessed value as of January 2, 1985, will annually increase by approximately: Assessed Value Appreciation Assessed Value Added 1985 14,841 0 1986 14,915 74 1987 14,990 149 1988 15,065 934,427 1989 15,140 939,174 1990 15,216 943,944 1991 15,292 948,738 1992 15,368 953,556 1993 15,445 958,398 1994 15,522 963,264 1995 15,600 968,154 1996 15,678 973,069 1997 15,756 992,850 1998 15,835 997,814 1999 15,914 1,002,803 2000 15,994 1,007,817 2001 16,074 1,012,856 2002 16,154 1,017,921 2003 16,235 1,023,010 2004 16,316 1,028,125 2005 16,398 1,033,266 2006 16,480 1,038,432 Assumes 3% annual appreciation Estimated Impact on Other Jurisdictions The impact of the housing district from receipt of the first increment will differ from year to year depending on the success of the project. The maximum tax increment is used to calculate the impact. , (�S 15 • Difference Between Assessed Value and Assessed Value Added 1985 14,841 1986 14,841 1987 14,841 1988 919,362 1989 924,034 1990 928,728 1991 933,446 1992 938,188 1993 942,953 1994 947,742 1995 952,554 1996 957,391 1997 977,094 1998 981,979 1999 986,889 2000 991,823 2001 946,782 2002 1,001,767 2003 1,006,775 2004 1,011,809 2005 1,016,868 2006 1,021,952 The impact in tax dollars not collected by other jurisdictions are estimated based on assupmptions of this plan. These impacts are as follows: Assessed Assessed % Captured 7. Assessed Other This This Captured Value Districts District District Total Hennepin County 8,044,844,074 390,844,573 949,269 0.0118Z 4.87Z School District 250,234,066 26,122,325 949,269 0.3779% 10.78% City 252,456,291 26,122,325 949,269 0.3746% 10.68% Effect of Captured Value W/O Tax increment Financing Percent of Tax increment Tax City School County Jurisdiction Mill Rate Percent Incremen 1 4 2 Hennepin County 29.262 27.56% 26,622 3 7 4 School District 51.11 48.13% 46,499 17,876 45,772 26,206 City 19.961 18.80Z 18,16C 17,967 46,004 26.339 Other 5.854 5.51% 5,32E 18,058 46,238 26,473 18,150 46,473 26,607 Total 106.187 100.00% 96,607 18,242 46,709 26,742 0.10177 18,335 46,946 26,878 18,428 47,185 27,015 18,521 47,424 27,152 18,615 47,665 27,290 s61(016 • Revenue Expenditure Schedule Total Expenditures for ' Tax Total Interest Net Investment Net Debt Annual Year Increment Receipts Reduction Receipts Earnings Revenue Service Surp(Def. Reserve 1986 0 0 0 0 0 0 0 0 0 1987 0 0 0 0 0 0 0 0 0 1988 95,097 95,097 78,000 17,097 1,489 18,585 0 18,585 18,603 1989 95,580 95,580 78,000 17,580 1,489 19,068 0 19,068 37,678 1990 96,065 96,065 78,000 18,065 3,014 21,079 0 21,079 58,756 1991 96,553 96,553 78,000 18,553 4,700 23,254 0 23,254 82,009 1992 97,043 97,043 78,000 19,043 6,561 25,604 0 25,604 107,613 1993 97,536 97,536 78,000 19,536 8,609 28,145 0 28,145 135,759 1994 98,031 98,031 78,000 20,031 10,861 30,892 0 30,892 166,651 1995 98,529 98,529 78,000 20,529 13,322 33,861 0 33,861 200,512 1996 99,029 99,029 78,000 21,029 16,041 37,070 0 37,070 237,582 1997 99,532 99,532 78,000 21,532 19,007 40,539 0 40,539 278,120 1998 100,037 100,037 78,000 22,037 22,250 44,287 0 44,287 322,407 1999 100,545 100,545 78,000 22,545 25,793 48,337 0 48,337 370,745 2000 101,055 101,055 78,000 23,055 29,660 52,715 0 52,715 423,459 2001 101,568 101,568 78,000 23,568 33,877 57,445 0 57,445 480,904 2002 102,083 102,083 78,000 24,083 38,472 62,556 0 62,556 543,460 2003 102,601 102,601 78,000 24,601 43,477 68,078 0 68,078 611.538 2004 103,122 103,122 78,000 25,122 48,923 74,045 0 74,045 685,583 2005 103,645 103,645 78,000 25,645 54,847 80,492 0 80,492 766,073 '. 2006 104,171 104,171 78,000 26,171 61,286 87,457 0 87,457 853,532 n� q 1 7 t • LO"i-SURVEYS COMPANY, L C. LAND SURVEYORS REGISTERED UNDER LAWS OF WAIT OF IQNNu arA 7901•T3rdAve No. -56O.3O J INVOfCE NO. INDUSTRIAL—JUDICIAL Minneapolis.MinnesotaS54211 f.B.NO. COMMERCIAL—TOPOGRAPwCAL ,ur1.7egars Certificate SCALE 1' CITY LOTS—PLATTING 5 O—DENOTES IRON PROPOSED DESCRIPTION (5Att' 43 That part of the following described tract: All of OUfLOT B and that part of OUfLOT C, GCNYEA 4TH ADDITION lying northwesterly of a line drawn from a point on the westerly line of said OUfLOT C distant 92.68 feet southeasterly along said westerly line from the most westerly corner of said OUILOT C to a point on the northerly line of said CUfLOT C distant 159.24 feet southwesterly along said northerly line from the most northerly corner of said OUfLOT C which lies southwesterly of a line bearing south 39 degrees 06 minutes 36 seconds east from a point on the northwesterly line of said OUfLOT B distant 282.11 feet northeasterly along said northwesterly line from the most westerly corner of said OUPLOT B. For the purpose of this description, the north line of OIJTLOT a is assumed to bear South 89 degrees 13 minutes 44 seconds East • • We hereby certify that this is a true end correct representa- tion Of a survey of the boundenes of Me moose desCnbed land inc the location Ot alt Puddings and visible encroachments.If any.from or on and land. Signed Surveyed by us this—City of IL--. G 7 Raymond A.?mach,Mina Rag.No.6743 LO i" SURVEYS COMPANY, ad-C. LAND SURVEYORS REGISTERED UNDER LAWS OP STATE OP 1[1NNTJOSA INVOICE NO. 7001.73rd Ave No6110.3023F.B NO I' INDUSTRIAL—JUDICIAL Mmneapoln.Mlnnesote OSf26 SCALE ' COMMERCIAL—TOPOG �urie Dry Certificate NOTES IRON �1APMtGAL � ©—D�E� CITY LOTS—PLATTING L PROPOSED DESCRIPTION (044 lA"-Z D) That part of the following described tract: All of OUrLOT B and that part of OUfLOT C, GONYEA 4TH ADDiTICN lying northwesterly of a line drawn from a point on the westerly line of said OUfLOT C distant 92.58 feet southeasterly along said westerly line from the most westerly corner of said OUiLOT C to a point on the northerly line of said OUILOT C distant 159.24 feet southwesterly along said northerly line from the most northerly corner of said OUPLOT C which lies northeasterly of a line bearing South 39 degrees 06 minutes 36 seconds East from a point on the northwesterly line of said OITLOT B distant 282.11 feet northeasterly along said northwesterly line from the most westerly corner of said CUfLOT B. For the purpose of this description, the north line of OUTLOT B is assumed to bear South 89 degrees 18 minutes 44 seconds East • We hereby certify that thu is a true and correct reoreaanfa- t on of a survey of tns oounoanee of the adore describe° land and the location of ell buildin;e and visible encroacnmsnts,If any,from Or on$54 land. Signed r+r+Mr d by us 4tq__day of 7Y.--_ Raymond A.Praach,Minn.Rag.No.6743 LOT SURVEYS COMPANY, INC. LAND SURVEYORS REGISTERED UNDER LAMS OPERATE OF MINNESOTA INVOICE NO. 760i-73rd Ave No. 5E0-9093 F.B.NO. MlnneepObs.Minnesota 5542E INDUSTRIAL—JUDICIAL SCALE 4"= COMMERCIAL—TOPOGRAPHICAL (ururgars Certificate o—DENOTES IRON CITY LOTS—PLATTING PROPOSED DESCRIPTION FOR REZONING All of OUTLOT B and that part of OUTLOT C, GONYEA 4TH ADDITION 111 lying northwesterly of a line drawn from a point on the westerly line of said OUTLOT C distant 92.68 feet southeasterly along said westerly line from the most westerly corner of said OUTLOT C to a point on the northerly line of said OUTLOT C distant 159.24 feet southwesterly alone said northerly line from the most northerly corner of said OUTLOT C. • 2 q0 We hereby certify that this is a true and correct representa- tion of a survey DI trs boundenes of the above descnbed lend and the location of ail building* and visible encroachments,If any,from Or On said land. Signed Surveyor by us tnia_day Ot and A.Praech,Minn.Reg:0.6743 . FINDINGS OF THE PLANNING COMMISSION OF THE CITY OF EDEN PRAIRIE REGARDING THE REDEVELOPMENT PLAN FOR PRAIRIE VILLAGE APARTMENTS 1. The plan provides an outline for the development and re- development of the project area and is sufficiently complete to indicate the relationship of the plan to the objectives of the City of Eden Prairie as to appropriate land uses within the project area, and to indicate the general land uses and general standards of development or redevelopment within the project area; and 2. The project area is land or space which is vacant, unused and underused within the meaning of Minnesota Statutes 462.421, Subdivision 13(3) ; and 3. The project proposed by the plan, may be developed at a cost reasonably related to the public purpose to be. served with- out major residential clearance activities, and with full consideration of the preservation of beneficial aspects of the urban and natural environment, for such uses as are consistent with emphasis on housing for low and moderate income families; and 4. The land in the project area would not be made available for redevelopment or development without the financial aid to be sought and as proposed by the plan; and 5. The plan affords maximum opportunity for the development and redevelopment of the project area by private enterprise, consistent with the sound needs of the locality as a whole; and I, 6. The objectives and purpose of the plan conform to, and are consistent with the City of Eden Prairie Comprehensive Plan and planning objectives previously, from time to time, established by the Planning Commission and the City Council of the City of Eden Prairie for the development of the project area and the locality as a whole; and 7. The plan should be approved by the Authority and the City Council of Eden Prairie, Minnesota, and implemented and carried out as expediently as possible. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-255 VACATION OF A DRAINAGE AND UTILITY EASEMENT ON LOTS 4 AND 6, BLOCK 3, PAULSENS ADDITION WHEREAS, the City of Eden Prairie has a certain drainage and utility easement described as follows: • 10.00 foot wide drainage and utility easement running along the entire length of the line between Lots 4 and 6. Block 3 PAULSENS ADDITION, Hennepin County, Minnesota, according to the recorded plat thereof. WHEREAS, a public hearing was held on November 5, 1985, after due notice was published and posted as required by law; and WHEREAS, it has been determined that the said easement is not necessary and has no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easement as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of the proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on November 5, 1985. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 9 i i I ( ^. � �-° r I 1 I )110 r, i f • 1� , � r r50 m j F j4,E I �i cBti`5? 1 ..:. — )II:01 Z • a t... (:)\1\ oe ; rl6 t Rn: t © i W .t II '/ `\/ i ; l 4 0. 1) 4; L \ i 1 Q a• V/ /r5); Q•` /i0 00 J a .. z 0 - \ u. <�� t ' F:T_ ` Ot Q mwaoz b3 a /as OD -It G_\fli -1-- 0 • • I 1 1 s ..., d 0 otri lilt -.4.2 . . 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''' ,• ,. , ''.. ! • ( . .,....... f I 4 TO: Mayor & Council FROM: John Frane DATE: October 31, 1985 RE: MIDB's for Eden Square Shopping Center Resolution 85-228 $6,2000,DDO The proponent wishes to construct a 90,D00 square foot shopping mall on 9.5 acres located at the northeast quadrant of the intersection of Prairie Center Drive and U.S. #169 south of the Eden Prairie Center. This is one of several projects which will be coming to you in an "unfinished" form, that is it has not had a first reading of a zoning ordinance by the council. The reason is the fear of possible changes in MIDB and Housing Revenue laws which would adversely effect developers. The resolution does not allocate any of the city's cap. The sale would be public, backed by a letter of credit. If the council desires to proceed with the adoption of the resolution 85-228 it should be modified to become effective only after the city attorney has approved an understanding that the developers or other interested parties will not take action against us if the city does not grant zoning approvals. CITY OF EDEN PRAIRIE, MINNESOTA Application for Industrial Development or Housing Bond Financing 1. APPLICANT: A. Business Name: Eden Square Shopping Center Robert M. Larsen B. Business Address: 7801 East Bush Lake Road, Suite 210 Bloomington, MN 55435 C. Business Form (corporation, partnership, sole proprietor- ship, etc.): Minnesota General Partnerhsip D. State of incorporation or organization: Minnesota E. Authorized Representative: Robert M. Larsen F. Phone: 835-9580 2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: A. Robert M. Larsen B. • I C. lV� Page -2- 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC.: Construct, develop, and manage retail shopping centers. 4. DESCRIPTION OF PROJECT - A. Location and intended use: 9.5 acres adjacent to Eden Prairie Mall abutting Highway 169 and Schooner Boulevard in Eden Prairie, Minnesota. B. Present ownership of project site: Mr. Larsen has an option on the land contingent on IDR financing. C. Names and address of architect, engineer, and general contractor: BRW Architects - architect and engineer Minneapolis, MN General contractor has not been determined at this time. 5. ESTIMATED PROJECT COST FOR: Land $ 1,965,000 Construction contracts 3,060,000 Equipment acquisition and installation* -- Architectural and Engineering -- j Legal 65,000 Interest during construction 1,000,400 Bond reserve 140,000 Contingencies 100,000 Loan fees -- Other 40,000 Special Assessments 95,000 TOTAL $6,465,000 *Heating and air conditioning should be included as building costs. Indicate the kind of equipment to be acquired here. 6. APPLICANT'S EQUITY IN PROJECT $ 265,000 'it L1� • Page -3- 7. BOND ISSUE: A. Amount of proposed bond issue: $6,200,000 B. Proposed date of sale of bond: November 1985 • C. Length of bond issue and proposed maturities: 30 years D. Proposed original purchaser of bonds: Major Financial institution on a public sale of industrial development revenue bonds backed by a letter of credit from financial institution. E. Name and address of trustee: Not determined at this time F. Copy of any agreement between Applicant and original purchaser: N/A G. Describe any interim financing sought or available: None H. Describe nature and amount of any permanent financing in addition to bond financing: N/A 8. BUSINESS PROFILE: A. Are you located in the City of Eden Prairie? Not presently B. Number of employees in Eden Prairie? 1. Before this project: • Page -4- 2. After this project? 130 C. Approximate annual sales: $8,700,000. approximately D. Length of time in business 25 years in Eden Prairie none E. Do you have facilities in other locations? If so, where? Maplewood Minnesota,Shopping Center Burnsvi.11e,Minnesota Shopping Center Brooklyn Center, Minnesota Shopping Center Minnetonka, Minnesota Shopping Center F. Are you engaged in international trade? No 9. OTHER INDUSTRIAL DEVELOPMENT PROJECT(S): A. [Reference to "Applicant" includes applicant as owner, substantial user or as a related person within meaning of Section 103(b) (6) of I.R.C.J . List the name(s) and location(s) of other industrial development project(s) in which the Applicant is the owner or a "substantial user" of the facilities or a "related person". Brookdale Square Shopping Center 5900 Shingle Creek Parkway Brooklyn Center, Minnesota Maplewood Square Shopping Center 1870 Beam Avenue Maplewood, Minnesota Page -5- B. List all cities in which the Applicant has requested industrial revenue development financing. Maplewood, Minnesota Brooklyn Center, Minnesota C. Detail the status of any request the Applicant has before any other city for industrial development revenue financing. None at the present time D. List any city in which the Applicant has been refused industrial development revenue financing. None E. List any city (and the project name) where the Applicant has acquired preliminary approval to proceed but in which final approval authorizing the financing has been denied. None :210 t Page -6- F. If Applicant has been denied industrial development revenue financing in any other city as identified in (D) or (E), specify the reason(s) for the denial and the name(s) of appropriate city officials who have knowledge of the transaction. • N/A 10. NAMES, ADDRESS, AND TELEPHONE: A. Underwriter (if public offering) 1. Name: Miller & Schroeder Financial, Inc. Kenneth L. Norwich, Assistant Vice President 2. Address: 7900 Xerxes Avenue South, Suite 2300 Minneapolis, MN 55431 3. Telephone Number: 893-8931 B. Private Placement Purchaser (if private placement) 1. Name: SAME AS ABOVE 2. Address: 3. Telephone Number: ��t12 Page -7- NOTE: If lender will not commit until City has passed its preliminary resolution approving the project, submit a letter from proposed lender that it has an interest in the offering subject to • appropriate City approval and approval of the proper state agency. , • C. Bond Counsel: 1. Name: Holmes & Graven John Utley 2. Address: 470 Pillsbury Center Minneapolis, MN 55402 3. Telephone Number: 338-1177 D. Corporate Counsel: 1. Name: Maun, Green, Hayes Jim Brehl 2. Address: 332 Hamm Building 408 St. Peter Street St. Paul, MN 55102 3. Telephone Number: 224-7300 E. Accountant: 1. Name: Jerry Kneissel 2. Address: 3052 Chatsworth Avenue St. Paul, MN 55112 3. Telephone Number: 483-5032 CITY OF EDEN PRAIRIE RESOLUTION NO.85-228 RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE MINNESOTA DEPARTMENT OF ENERGY AND ECONOMIC DEVELOPMENT FOR APPROVAL, AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS WHEREAS, the welfare of the State of Minnesota (the "State") requires active promotion, attraction, encouragement and development of economically sound industry and commerce through governmental acts to prevent, so far as possible,emergence of blighted lands and areas of chronic unemployment,and it is the policy of the State to facilitate and encourage action by local government units to prevent the economic deterioration of such areas to the point where the process can be reversed only by total redevelopment through the use of local, state and federal funds derived from taxation, with the attendant necessity of relocating displaced persons and of duplicating public services in other areas;and WHEREAS, technological change has caused a shift to a significant degree in the area of opportunity for educated youth to processing, transporting, marketing, service and other industries, and unless existing and related industries are retained and new industries are developed to use the available resources of the City of Eden Prairie (the "City"), a large part of the existing investment of the community and of the State as a whole in educational ano public service facilities will be lost, and the movement of talented, educated personnel of mature age to areas where their services may be effectively used and compensated and the lessening attraction of persons and businesses from other areas for purposes of industry, commerce and tourism will deprive the City and the State of the economic and human resources needed as a base for providing governmental services and facilities for the remaining population;and WHEREAS, the increase in the amount and cost of governmental services requires the need for more intensive development and use of land to provide an adequate tax base to finance these costs;and WHEREAS, Eden Square Shopping Center, a Minnesota general partnership to be formed in which Robert M. Larsen will be a general partner (the • "Developer"), has advised this City Council that it desires to acquire land and construct thereon a 90,000 square foot, retail shopping facility (the "Project") in the City;and WHEREAS, the existence of the Project in the City will contribute to more intensive development and use of land to increase the tax base of the City and overlapping taxing authorities and maintain and provide for an Increase in opportunities for employment for residents of the City, including economically disadvantaged or unemployed individuals;and ,r„V WHEREAS, the City has been advised that conventional, commercial financing to pay the capital costs of the Project is available at such costs of borrowing that the Project would not be economically feasible without the availability of industrial development bond financing;and WHEREAS, this Council has been advised by the Developer that on the basis of information submitted to them and their discussions with representatives of area financial institutions and potential buyers of tax-exempt bonds, industrial development revenue bonds of the city could be issued and sold upon favorable rates and terms to finance the Project;and WHEREAS, on the basis of information given the City to date, it appears that it would be in the best interest of the City to issue its industrial development revenue bonds under the provisions of Chapter 474, in an amount presently estimated not to exceed $6,200,000 to finance in part the cost of the Project currently estimated to be$6,465,000. NOW,THEREFORE,BE IT RESOLVED THAT: 1. The Project are hereby given preliminary approval by the City and the issuance of the revenue bonds for such purposes and in such amounts approved, subject to(a)approval of the Project by the Minnesota Department of Energy and Economic Development, (b) allocation to the City of authority to issue private activity bonds pursuant to Minnesota Statutes, Section 474.19, and(c) subject to the mutual agreement of this body, the Developer and the initial purchaser of the bonds as to the details of the bonds and provisions for their payment. In all events, it is understood, however, that the bonds of the City shall not constitute a charge, lien or encumbrance legal or equitable upon any property of the City except the Project, and the bonds, when, as, and if issued,shall recite in substance that the bonds, including interest thereon, are payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the City. The City hereby authorizes and directs the staff of the City to seek an allocation pursuant to Minnesota Statutes, Section 474.18, Subdivision 4, to issue such bonds. Such allocation is subject to the agreement of the parties referred to above as to the terms of the bonds. 2. It is hereby found and determined that the Project would not be undertaken but for the availability of industrial development bond financing. 3. In accordance with Minnesota Statutes,Section 474.01,Subdivision 7a and Section 474.16, the Mayor of the City is hereby authorized and directed to submit a proposal for the Project to the Minnesota Department of Energy and Economic Development. The Mayor and other officers, employees and agents of the City are hereby authorized to provide time Minnesota Department of Energy and Economic Development with any preliminary information needed for this purpose, and the City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project,if it is approved. 4. The law firm of Holmes 6c Graven,Chartered,is authorized to act as Bond Counsel and to assist in the preparation and review of necessary documents relating to the Project and bonds issued in connection therewith. The Mayor,City 2 Attorney, and other officers, employees and agents of the City are hereby authorized to assist Bond Counsel in the preparation of such documents. 5. In accordance with Minnesota Statutes, Section 474.0i, Subdivision 11,the City Clerk and other officers,employees and agents of the City are hereby authorized and directed to encourage the Developer to provide employment opportunities to economically disadvantaged or unemployed individuals. Such individuals may be identified by such mechanisms as are available to the City, including a first source agreement in which the Developer agree to use a designated State employment office as a first source for employment recruitment, referral,and placement. 6. The Developer has agreed to pay directly or through the City any and all costs incurred by the City in connection with the Project whether or not the Project is approved or an allocation is granted by the Minnesota Department of Energy and Economic Development; whether or not the Project is carried to completion;and whether or not the bonds or operative instruments are executed. 7. All commitments of the City expressed herein are subject to the condition that by December 31,1985 the City and the Developer shall have agreed to mutually acceptable terms and conditions of the Revenue Agreement,the bonds and of the other instruments and proceedings relating to the bonds and their issuance and sale. If the events set forth herein do not take place within the time set forth above, or any extension thereof, and the bonds are not sold within such time,this resolution shall expire and be of no further effect. 8. The adoption of this resolution does not constitute a guarantee or a firm commitment that the City will issue the bonds as requested by the Developer. The City retains the right in its sole discretion to withdraw from participation and accordingly not to issue the bonds,or issue the bonds in an amount less than the amount referred to above, should the City at any time prior to issuance thereof determine that it is in the best interest of the City not to issue the bonds, or to issue the bonds in an amount less than the amount referred to above,or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. Additionally, the City is an entitlement issuer within the meaning of Minnesota Laws 1984, Chapter 582 (the "Act"); this resolution does not and shall not be deemed to constitute an agreement on the part of the City to allocate a portion of its entitlement allocation under tile Act to the Project, and this resolution and the preliminary approval of the City set forth herein are contingent upon either an allocation or such entitlement allocation by the City of an additional allocation of bonding authority from the Commissioner of DEED with respect to the Project in an amount equal to or greater than the principal amount of the bonds prior to issuance and sale of the bonds. l 3 n�f ; Adopted by the Eden Prairie City Council the day of ' 85 Gary Peterson Mayor Attest: John Frane City Clerk 4 NOVEMBER 5,1985 22687 VOID OUT CHECK 10.00- 23314 VOID CHECK 117.74- 23 FEDERAL RESERVE BANK PAYROLL 10/4/85 19237.79 21, COMMISSIONER OF REVENUE PAYROLL 10/4/85 8137.63 23390 DEPARTMENT OF EMPLOYEE RELATIONS PAYROLL 10/4/85 15238.66 23391 ICMA RETIREMENT CORP PAYROLL 10/4/85 1858.00 23392 GREAT WEST LIFE ASSURANCE CO PAYROLL 10/4/85 5051.00 23393 MINNESOTA STATE RETIREMENT SYSTEM PAYROLL 10/4/85 10.00 23394 CITY-COUNTY CREDIT UNION PAYROLL 10/4/85 1810.00 23395 INTL UNION OF OPERATING ENG DUES 647.85 23396 PUBLIC EMPLOYEES RETIREMENT ASSN PAYROLL 10/4/85 16993.42 23397 VOID CHECK 0.00 23398 GUTHRIE THEATRE 249.90 23399 VDID CHECK D.00 23400 VOID CHECK 0.00 23401 DIV OF PARKS & RECREATION MANUAL FOR VDLUNTEER CODRDINATORS-COM SVC 5.00 23402 CENTER FOR LOCAL ARTS DEVELOPMENT SPONSORSHIP HANDBOOK- COMM SERVICES 4.00 23403 VOID CHECK 0.00 23404 JODINA BERG REFUND -SWIMMING LESSONS 12.00 23405 TAMMI BERG REFUND -SWIMMING LESSONS 12.00 23406 ADAM BJERKE REFUND -SWIMMING LESSONS 13.00 23407 JUSTIN GRIFFITH REFUND -SWIMMING LESSONS 13.00 23408 KIM LARSON REFUND -SWIMMING LESSONS 4.00 23409 ADAM LOMEN REFUND -SWIMMING LESSONS 15.00 23410 KELLEY POLKOVIEH REFUND -SWIMMING LESSONS 10.00 23411 MIKE ROSS REFUND -SWIMMING LESSONS 5.60 23412 MINNESOTA DEPARTMENT OF P/S MOTOR VEHICLE REGISTRATIONS 17.50 234'? DIVISION OF CODE ENFORCEMENT FEE- WATER DEPT 6.00 23( MARY WELLS REFUND -WALLPAPER FOR PLANNING DEPT 131.35 234.E JOHNSON BROTHERS WHOLESALE LIOUOR WINE 1726.43 23416 TWIN CITY WINE CO WINE 376.62 234I7 GRIGGS COOPER & CO INC LIQUOR 1025.82 23418 INTERCONTINENTAL PCKG CO WINE 392.02 23419 ED PHILLIPS & SONS CO LIQUOR 1777.20 23420 PRIOR WINE CD WINE 989.09 23421 EAGLE WINE CO WINE 1136.32 23422 OUALITY WINE CO WINE 718.51 23423 PAUSTIS & SONS CO WINE 567.49 23424 CAPITOL CITY DISTRIBUTING CO WINE 184.46 23425 STATE OF MINNESOTA RENEWAL FEE-LICENSE 10.00 23426 NORTHERN STATES POWER CO SERVICE 429.67 23427 HOPKINS POSTMASTER POSTAGE -COMMUNITY CENTER 222.71 23428 NORTH CENTRAL SECTION AWWA WATERWORKS SEMINAR AND MANUAL 30.00 23429 RAMADA INN MOORHEAD WATER OPERATORS SCHOOL LDDGING 36.72 23430 NORTHERN STATES POWER CO SERVICE 13082.23 23431 VOID CHECK 0.00 23432 STATE OF MINNESOTA BOOKS - BUILDING DEPT 86.50 23433 NORTHERN MESSENGER SERVICE 13.50 23434 NORTHWESTERN BELL TELEPHONE CO SERVICE 3816.32 23435 MN OEPT OF PUBLIC SAFETY MOTOR VEHICLE REGISTRATION 5.25 23436 EUNICE M STEPHENS REFUND -INTERNATIONAL MARKET SQ TRIP 14.75 23437 JOHN THOM REFUND -QUALITY FITNESS CLASS 2.50 23438 ATRIUM CAFE INTERNATIONAL EXPENSES-COMMUNITY SVC/FEES PD 100.00 23 GUTHRIE THEATRE BACKSTAGE TOUR-GUTHRIE THEATRE/FEES PD 30.00 234 , DRIVERS VEHICLE SERVICE MOTOR VEHICLE PLATES -PUBLIC SAFETY DEPT 45.DO 9617407 .2.707 23441 CAPITOL CITY DIST RIBUTING CO WINE 79.57 23442 TWIN CITY WINE CO WINE 503.65 1 23443 MARK VII SALES WINE 144.55 91444 GRIGGS COOPER & CO INC LIQUOR 877.34 1 45 ED PHILLIPS & SONS CO LIQUOR 3633.93 ,L.,446 EAGLE WINE CO WINE 1307.08 23447 JOHNSON BRDTHERS WHOLESALE LIQUOR LIQUOR 1168.97 23448 PRIOR WINE CO WINE 725.41 , 23449 INTERCONTINENTAL PCKG CO WINE 593.70 23450 QUALITY WINE CO WINE 1111.29 23451 DANA GIBBS PACKET DELIVERIES 65.00 23452 COMMISSIONER OF REVENUE FUEL TAX 206.21 23453 FIRST TRUST ST PAUL BOND PAYMENTS 50050.00 23454 METROPOLITAN WASTE CONTROL COMM NOV 85 SEWER SERVICE 93146.96 23455 NORWEST 8ANK MINNEAPOLIS NA 80ND PAYMENTS 745742.23 23456 WALDENBOOKS BOOKS - YOU & ME BABY 80.55 23457 COMMISSIONER OF REVENUE SEPT 85 SALES & USE TAX 17295.96 23458 MN COUNTY ATTORNEYS ASSOC FILM RENTAL -HOW TO USE INTOXILZER 15.00 23459 VOID CHECK 0.00 23460 VOID CHECK 0.00 23461 MN DEPT OF P/S TRAILER REGISTRATION 10.75 23462 GRETCHEN JOHNSON REFUND -SWIMMING LESSONS 5.60 23463 MILISSA KRAFT REFUND -SWIMMING CLASSES 5.05 23464 JAMIE OLSON REFUND -SWIMMING CLASSES 5.60 23465 LOIS PESOLA REFUND -SWIMMING CLASSES 11.10 23466 KAREN SCHECHTER REFUND -SWIMMING CLASSES 11.10 23467 JUSTIN VALENTINE REFUND -SWIMMING CLASSES 5.60 2346B KATIE UNDERHILL REFUND -SWIMMING CLASSES 5.60 23469 JOYCE WALSTROM REFUND -SWIMMING CLASSES 5.60 • '70 ADAM SIMMONS REFUND -SWIMMING CLASSES 5.60 k. 11 SHANNON WELLS REFUND -SWIMMING CLASSES 5.60 23472 FEDERAL RESERVE BANK PAYROLL 10/18/85 19990.61 23473 COMMISSIONER OF REVENUE PAYROLL 10/18/85 8431.35 23474 DEPT OF EMPLOYEE RELATIONS PAYROLL 10/18/85 15367.24 23475 UNITED WAY OF MINNEAPOLIS PAYROLL 10/18/85 229.62 23476 CITY/COUNTY CREDIT UNION PAYROLL 10/18/85 1810.00 23477 GREAT WEST LIFE ASSURANCE CO PAYROLL 10/18/85 5051.00 23478 MN ST RETIREMENT SYSTEM PAYROLL 10/18/85 10.00 23479 ICMA RETIREMENT CORP PAYROLL 10/18/85 1858.00 23480 PUBLIC EMPLOYEES RETIREMENT ASSN PAYROLL 10/18/85 63.00 23481 SUBURBAN NATIONAL BANK PAYROLL 10/18/85 250.00 23482 PUBLIC EMPLOYEES RETIREMENT ASSN PAYROLL 10/18/85 17746.95 23483 ST OF MINNESOTA 8IKE REGISTRATIONS 70.00 23484 JASON-NORTHCO PROPERTIES NOV 85 RENT -LIQUOR STORES 4254.14 23485 MRPA MRPA FALL CONFERENCE 110.00 23486 NORTHERN STATES POWER CO SERVICE 9157.81 23487 AT & T COMMUNICATIONS SERVICE 174.00 23488 NORTHWESTERN BELL SERVICE 43.63 23489 SUSAN HARPER REFUND -SWIMMING LESSONS 11.00 23490 LOUISE A OLSON REFUND -FIRST AID CLASS 25.00 23491 ROSE ZERR REFUND -SWIMMING LESSONS 40.00 23492 MIN DEPT OF ECONOMIC SECURITY UNEMPLOYMENT -3RD QTR 382.60 23493 FORD-MCNUTT GLASS CO GLASS DESK TOP -P/S DEPT 30.00 23494 EARL MORE REROOFING OF MORE HOUSE 9700.00 ID1I63055 23495 NORTHWESTERN BELL TELEPHONE CO SERVICE 87.86 23496 NORTHERN STATES POWER CO SERVICE 7327.05 23497 CAPITOL CITY DISTRIBUTING CO WINE 308.08 71498 INTERCONTINENTAL PCKG CO WINE 353.07 99 GRIGGS COOPER & CO INC LIQUOR 1413.32 4 '300 TWIN CITY WINE CO WINE 872.02 23501 QUALITY WINE CO WINE 1710.01 23502 JOHNSON BROTHERS WHOLESALE LIQUOR WINE 1203.31 23503 PRIOR WINE CO WINE 591.26 23504 ED PHILLIPS & SONS CO LIQUOR 2823.50 23505 PAUSTIS & SONS CO WINE 146.92 23506 EAGLE WINE CO WINE 572.73 235D7 IMPORTED PARTS WAREHOUSE 2 FLOOD LAMPS 68.64 23508 INSTY-PRINTS PRINTING-PARKS 109.47 23509 ALLWEATHER ROOF CO REPAIR ROOF-CITY HALL 125.OD 23510 AMERICAN NATIONAL BANK BOND PAYMENTS 165290.11 23511 AMERICAN PLANNING ASSOC DUES - PLANNING DEPT 210.00 23512 AMERICAN WATER WORKS ASSOC FILM RENTAL -WATER DEPT 20.00 23513 AMEX TIRE HAUL TIRES TO LANDFILL- EQUIPMENT MAINT 66.00 23514 AQUA ENGINEERING INC PIPE/COUPLERS- PARK MAINT 29.46 23515 ASSOCIATED ASPHALT INC BLACKTOP 1042.56 23516 ASTLEFDRD INTL INC REFLECTOR/CABLE/CLAMP/SWITCH-EQUIP MAINT 59.16 23517 AT & T INFORMATION SYSTEMS SERVICE 831.75 23518 DON ATKINS HAY BALES -PARK MAINT 187.50 23519 BARRY-SEWALL PAINT -WATER DEPT 88.47 23520 BATTERY & TIRE WAREHOUSE INC -AIR FILTERS/HEADLIGHTS/BATTERIES/OIL 377.82 FILTERS -EQUIPMENT MAINT 23521 8 R W INC SERVICE- EDEN ROAD & SINGLETREE LANE 39427.68 23522 BERGIN AUTO BODY REPAIR ENGINEERING DEPT TRUCK 627.94 '23 CITY DF BLODMINGTON AUGUST & SEPTEMBER 85 IMPOUND SERVICE 465.00 '4 BLUMBERG COMMUNICATIONS INC REPAIR PROJECTOR -COMMUNITY CENTER 254.70 23525 LOIS BOETTCHER SERVICE-PARK & REC MINUTES 72.00 23526 BORDER STATES ELECTRIC SUPPLY CO MODEL 81D LINE TRACER -STREET DEPT 1400.00 23527 8OYER FDRD TRUCK 1985 FORD DIESEL -STREET DEPT 54614.00 23528 LEE M BRANDT HOCKEY OFFICIAL- FEES PD 108.50 23529 BRAUN ENG TESTING INC -SERVICE- TECHNOLOGY DRIVE/SINGLETREE LANE 13246.15 -& EDEN AVE/ANDERSON LAKES PARKWAY/PRAIRIE CENTER DRIVE 23530 DAVID BROWN FOOTBALL OFFICIAL - FEES PD 157.50 23531 PAUL BROWN FOOTBALL OFFICIAL - FEES PD 403.00 23532 BROWN PHOTO FILM PROCESSING 94.75 23533 BRUNSON INSTRUMENT CO GAMMON REEL- ENGINEERING DEPT 16.50 23534 THE J B BURKE COMPANY BENCH LEGS- PARK MAINT 228.10 23535 BURTON EQUIPMENT INC DOLLIE- WATER DEPT 287.00 23536 BUREAU DF BUSINESS PRACTICE 800K -COMMUNITY SERVICES 44.28 23537 BUTCHE'S BAR SUPPLY SUPPLIES -LIQUOR STORES 186.15 23538 CAMPBELL EXPRESS INC FREIGHT CHARGES- WATER DEPT 43.06 23539 CARDOX CORP CARBON DIOXIOE- WATER DEPT 840.00 23540 VOID CHECK 0.00 23541 CARLSON & CARLSON ASSOC SERVICE 297.50 23542 CARLSONS LAKE STATE EQUIP CO ROTOR/SPARK PLUGS 29.50 23543 CARLSON REFRIGERATION CO INC REPAIR ICE CUBER- LIQUOR STORE 205.61 23544 CENTURION TECHNOLOGY SYSTEMS SET UP NEW SQUAO CAR 2703.45 23545 CHAPIN PUBLISHING CO LEGAL AD - WATER DEPT 88.40 175584 2. 7iO 23546 CHEAP CARPET -REPLACE CARPET DAMAGED DURING WATER MAIN 607.95 FLUSHING -SOUTH EDEN DRIVE 23547 CHEMLAWN TREE PRUNING -WATER DEPT 110.00 1 7"'c48 C & N W TRANSP CO -INSTALL FLASHING LIGHT SIGNALS AT EDEN- 22705.23 ( VALE DRIVE 2.5549 CITICORP INDUSTRIAL CREDIT SERVICE 656.81 23550 CLUTCH & TRANSMISSION SER INC -HU8 CAP/WHEEL CYLINDER/BRAKE SHOES/BRAKE 858.19 DRUM/WHEEL BEARINGS 23551 COMPTROLLER-TREASURER SCHOOL-POLICE DEPT 150.00 23552 JEFF CONRADI HOCKEY OFFICIAL-FEES PD 93.00 23553 CONWAY FIRE & SAFETY INC EXTINGUISHER -FIRE DEPT 108.00 23554 COPY EQUIPMENT INC -FILM/BLUELINE -ENG DEPT/ ENG LONG TAPE- 271.5E SEWER DEPT 23555 CORCORAN PLUMBING REFUND -PLUMBING PERMIT 20.50 23556 CUTLER MAGNER CO QUICKLIME 3414.47 23557 DRISKILLS SUPER VALU SUPPLIES -COMMUNITY CENTER 16.91 23558 JOY EASTMAN MILEAGE 43.00 • 23559 EAU CLAIRE COUNTY WITHHELD FROM EMPLOYEE PER COURT ORDER 2.00 23560 ECONOMY TROPHY SOFTBALL & FOOTBALL TROPHIES 299.40 23561 EDEN PRAIRIE COMMUNITY THEATRE FALL PRODUCTION- COMMUNITY SERVICES 1000.00 23562 EDEN PRAIRIE TRASHTRONICS SEPTEMBER 85 TRASH PICKUP 325.00 23563 CITY OF EDINA SEPTEMBER 85 TESTS 156.00 23564 ELK RIVER CONCRETE PRODUCTS CULVERT/COVERS 255.50 23565 EMERGENCY SERVICE SYSTEM INC CONVERT SIREN FOR SQUAD CAR 24.25 23566 EMPIRE-CROWN AUTO INC FLOOR MATS- POLICE DEPT 4.48 23567 CHRIS ENGER OCTOBER 85 EXPENSES 175.64 23568 RON ESS HOCKEY OFFICIAL/FEES PD 299.50 23569 ESS BROTHERS & SONS INC SUPPLIES 226.00 23570 PETE FAHRENDORFF LETTERING ON FIRE RESCUE TRUCK 325.00 71 FIRE ENGINEERING SUBSCRIPTION - FIRE DEPT 16.95 • '2 FIRESTONE STORES TIRES- EQUIPMENT MAINT 1056.36 23573 FLEET MECHANICAL SERVICES REPAIR -FIRE VEHICLE 46.00 • 23574 FOREST COMMODITIES SPECIALISTS IN TREES- MITCHELL TRAIL 1992.28 23575 FUND-HANECY DISTRIBUTORS INC CARPETING FOR CANINE SQUAD CAR 158.32 23576 G L CONTRACTING INC -SERVICE- HONEYSUCKLE/ANDERSON LAKE & 3818.40 PRESERVE BLVD REPLACE HYDRANT 23577 GENERAL COMMUNICATIONS INC RADIO REPAIR & PARTS 202.01 23578 JEANETTE GILLIS INSTRUCTOR-KIDS KORNER/ FEES PD 128.00 23579 GNERER WELDING INC 2 TRAILER HITCHES- SQUAD 2 & 3 200.00 2358D GDDDYEAR AUTO SERVICE CENTERS 16 TIRES -EQUIPMENT MAINT 678.88 23581 GREENKEEPER INC -WINTERIZE LAWN SPRINKLER SYSTEM -P/S & 123.75 FIRE DEPT 23582 HALE COMPANY INC REPLACE SEAL IN REAR PISTON- EQUIP MAINT 263.80 23583 MICHAEL W HAMILTON VOLLEYBALL OFFICIAL- FEES PD 40.00 23584 ROHACO 8USHING FITTINGS- WATER DEPT 2.53 23585 JIM HATCH SALES COMPANY INC LONG HANDLE SHOVELS- DRAINAGE DEPT 115.20 23586 TILFORD E HELLIE JR FOOTBALL OFFICIAL- FEES PD 416.00 23587 VOID CHECK 0.00 23588 HEWLETT PACKARD SUBSCRIPTION -FINANCE DEPT ' 24.00 23589 HI FI SOUND ELECTRONICS DICTATION MACHINE TAPES-CITY HALL 26.20 23590 HILLYARD FLOOR CARE SUPPLY CO FLOOR FINISH/FLOOR SEAL- COMMUNITY CENTER I34.40 23591 HOLMSTEN ICE RINKS INC -COMPRESSOR OIL/FILTERS/REPAIR COMPRESSORS 421.00 4201449 2111 23;92 HYDRAULIC JACK & EQUIPMENT SERVIC HREPAIR OCKEY FLOOR RIJACKF-ST-STREET DEPT 308.22 .22 2( 3 KURT HYSTER 63.60 23.,4 INDEPENDENT SCHOOL DIST #272 BUS SERVICE- KIDS KORNER 120.00 23595 INTL CONFERENCE OF BLDG OFFICIALS DUES-BUILDING DEPT 23596 J & J EPDXY SYSTEMS REPAIR SHOP FLOORS- STREET GARAGE 875.00 23597 JET PHOTO LABS PHOTOS -COMMUNITY CENTER 23598 JM OFFICE PRODUCTS INC OFFICE SUPPLIES 38.29 23599 KARULF HARDWARE INC -CONCRETE/TOOL TOOLABOX/GASKET/KEYS/PAOLOCKS/ 177.12 B23600 KELLY SERVICES INC TEMPORARY HELP- POLICE DEPT 518.09 23601 KOKESH ATHLETIC SUPPLIES INC VDLLEYBALLS/T1MER/VESTS-ORGANIZED ATHLETIC 285.86 23602 RALPH KRATOCHVIL EXERCISE CLASS INSTRUCTOR-FEES PD 17.00 23603 MIKE LAMBERT VOLLEYBALL OFFICIAL-FEES PD 60.00 23604 LAN-DE-CDN INC REPAIR STONE WALL- PARK MAINT 264.00 23605 LANCE SUPPLIES-LIQUOR STORE 83.40 23606 LANG PAULY & GREGERSON LTD SEPT 85 LANDFILL LEGAL SERVICE 2373.10 23607 MIKE LANGER TEACHERS AID FOR SWIMMING LESSONS 70.00 23608 LANE INSURANCE INC INSURANCE- LIQUOR STORE 494.00 23609 JIM LANGER VOLLEYBALL OFFICIAL -FEES PD 20.00 23610 JOHN S LATZKE DRIVER LICENSE FEE-STREET DEPT 15.00 23611 LECY CONSTRUCTION INC SERVICE-BROWN FARM CIRCLE 400.00 236I2 LIEBERMAN ENTERPRISES INC ALBUMS -COMMUNITY CENTER 22.00 23613 LITTLE FALLS MACHINE INC CUTTING EDGES-EQUIPMENT MAINT 227.71 23614 LOGIS SEPTEMBER 85 SERVICE 3772.72 236I5 TERRY LOVASSEN DIVING SUPPLIES -COMMUNITY CENTER 106.00 23616 MPH INDUSTRIES INC REPAIR RADAR-POLICE DEPT 49.35 23' 7 MACQUEEN EQUIPMENT INC WIPER/WASHER/O-RINGS/SPRING 87.33 22 MARSHALL & SWIFT FORMS-ASSESSING DEPT 3.00 23619 RANDY MASON HOCKEY OFFICIAL-FEES PD 201.00 23620 MASYS CORPORATION NDVEMBER 85 SERVICE 914.00 23621 MATTS AUTO SERVICE INC TOWING SERVICE 130.00 23622 BARBARA MATTSON AQUA AEROBICS INSTRUCTOR- FEES PD 147.00 23623 MCFARLANES INC CONCRETE-PARK MAINT 26.00 23624 MCGLYNN BAKERIES INC EXPENSES- CITY HALL/FIRE DEPT 43.91 23625 MCI CELLCOM OCTOBER 85 SERVICE 35.85 23626 METRD PRINTING INC FORMS- ORGANIZED ATHLETICS 215.00 23627 METROPOLITAN FIRE EQUIP CO FIRE EXTINGUISHER REFILLS -FIRE DEPT 83.75 23628 METROPOLITAN WASTE CONTROL COMM SEPTEMBER 85 SAC CHARGES 49648.50 23629 MIDLAND PRODUCTS CO CDNCESSIDN STAND SUPPLIES- COMM CENTER 27869.66231 23630 MIDWEST ASPHALT CORP BLACKTOP 23631 MARION MILLER INSTRUCTOR KIDS KORNER- FEES PD 248.10 23632 MARION MILLER SUPPLIES -KIDS CORNER 2.00 23633 MILWAUKEE ELECTRIC TOOL CORP BRUSH ASSEMBLY/SCREW- EQUIPMENT MAINT 35.15 23634 MPLS AREA CHAPTER FILM-COMMUNITY CENTER 23635 MPLS STAR & TRIBUNE CO EMPLOYMENT AD-COMMUNITY CENTER 104.50 23636 MN DEPT OF P/S CRT MONTHLY SERVICE-POLICE DEPT 150.00 23637 MINNESOTA MAYORS ASSOC CDNFERENCE CONFERENCE- MAYOR 80.00 23638 MINNESOTA REC & PARK ASSN EMPLOYMENT AD -COMMUNITY CENTER 35.00 23639 MINNESOTA VALLEY ELECTRIC CO-OP SERVICE 36.25 23640 MINNESDTA VALLEY NURSERY STEPPING STONES-SENIOR CENTER 25.96 23641 R E MOONEY & ASSOC INC PAINT-WATER DEPT 90.70 23642 GREG MILLER VOLLEYBALL DFFICIAL -FEES PD 52.00 ?3F ;RCN^, FINANCIAL SERVICE INC BASE MATERIAL FOR MITCHELL ROAD 330.00 ?3L NATIONAL FIRE PROTECTION ASSOC BOOKS- FIRE DEPT 90.37 23645 NORTHERN STATES POWER CO SERVICE 34.79 9156778 • [ '546 OFFICE PRODUCTS OF MN INC BATTERIES/COMPUTER PAPER -CITY HALL 34.60 ,47 OLSEN CHAIN & CABLE CO INC BIT/SCREWS 40.30 23648 HARRY A ORTLOFF HOCKEY OFFICIALt-FEES PO 92.00 23649 PARK AUTO UPHOLSTERY COVER CAR SEAT- PARK MAINT 160.00 23650 PEPSI/7-UP BOTTLING CO PDP FOR CONCESSION STAND-COMMUNITY CENTER 310.00 23651 T A PERRY ASSOCIATES INC FILTERS-P/S BLOG 149.15 23652 JOYCE PHELPS SKATING INSTRUCTOR-FEES PD 399.60 23653 PITNEY BOWES SUPPLIES-ATHLETIC COORDINATOR/COMM CENTER 147.00 23654 KEITH A POKELE VOLLEYBALL OFFICIAL-FEES PO 52.00 23655 POMMER MFG CO INC TROPHIES -FEES PD 34.50 23656 PRAIRIE ELECTRIC COMPANY INC ELECTRICAL SERVICE- PARK MAINT 3B.50 23657 PRAIRIE OFFSET PRINTING FLYER- COMMUNITY CENTER 235.00 2365E PRECISION BUSINESS SYSTEMS INC HEAOSET 35.00 23659 PRINTERS SERVICE INC KNIVES- STREET OEPT 39.14 23660 THE QUALITY GROUP INC MINI SCOOP- HOMEWARO HILLS PARK 187.68 23661 R & R SPECIALTIES INC -SHARPEN ZAMBONI BLADES/2 ICE BLAOES - 416.50 COMMUNITY CENTER 23662 RECREONICS CORP ANCHOR SOCKETS FOR PLATFORM- ICE ARENA 91.89 23663 RIEKE-CARROLL-MULLER ASSOC INC SERVICE-COMPREHENSIVE SEWER POLICY PLAN 4403.62 23664 ROAD MACHINERY & SUPPLIES CO EQUIPMENT RENTAL- PARK MAINT 172.90 23665 ROAO RESCUE SUPPLIES-RESCUE VEHICLE 536.78 23666 ROGERS CABLESYSTEMS REPAIR CABLE LINE -REO ROCK PARK TRAIL 30.00 23667 KURT A SANDNESS HOCKEY OFFICIAL- FEES PO 204.00 23668 SATELLITE INDUSTRIES INC PORTABLE RESTROOMS 1B2.57 23669 SAVOIE SUPPLY COMPANY CLEANING SUPPLIES-STREET OEPT 275.70 23670 OALE SCHMIOT EXPENSES 10.77 71 SIMPLEX TIME RECORDER CO ALARM SYSTEM PART - POLICE OEPT 59.00 _072 SNAP ON TOOLS CORP SOCKET SET-STREET GARAGE 59.50 23673 SNAP PRINT-WEST FORMS -COMMUNITY CENTER 71.45 23674 SNYDERS DRUG STORES INC SUPPLIES -COMMUNITY CENTER 16.67 23675 SOIL EXPLORATION CO SERVICE-VALLEY VIEW ROAO 5809.50 23676 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT AOS -COMMUNITY CENTER 51.96 23677 SPRAYCO INC OIL FOR GARAGE DOOR - P/S BLDG 5.80 2367B STANDARO SPRING COMPANY CAR SEAT SPRINGS- EQUIP MAINT 66.50 23679 STATE OF MINNESOTA HOT WATER BOILER CERTIFICATE - COMM CENTER 15.00 23680 STATE TREASURER SEPT 85 BLOG PERMIT SURCHARGE 5447.00 236BI SUBURBAN CHEVROLET -MIRRORS FOR FIRE RESCUE/SPEEDOMETER CABLE 762.97 /REPAIR STEERING GEAR $614.91 23682 TARGET 220 SUPPLIES- COMMUNITY CENTER 17.59 23683 THOMPSON & KLAVERKAMP LEGAL 85 SERVICE 687.75 23684 TIERNEY BROTHERS INC MERLIN MACHINE RIBBONS/TAPE 133.87 23685 TRANSCON LINES FREIGHT CHARGES -WATER OEPT 61.19 23686 TRESTtAN MUSIC FOR COMMUNITY BANO 189.90 23687 TUPCO INC REMOVAL OF FIREW000-FORESTRY DEPT 10.00 23688 TWIN CITY HOME JUICE CO SUPPLIES- LIQUOR STORE 35.28 23689 TWIN CITY PRICING & LABEL INC SUPPLIES -LIQUOR STORE 53.07 23690 UNIFORMS UNLIMITED UNIFORMS- POLICE & FIRE DEPT 3418.80 23691 UNITED ELECTRIC CO ELECTRICAL SERVICE-EP COMMUNITY THEATRE 620.79 23592 VALLEY INDUSTRIAL PROPANE INC GAS CYLINDERS -COMMUNITY CENTER 194.88 23693 VESSCO INC PAODLE FOR SLAKER -WATER DEPT 26.79 23694 VICOM INC SERVICE- COMMUNITY CENTER 21.50 2' 95 VOSS ELECTRIC CO SIGNAL LIGHT BULBS- STREET DEPT 87.00 96 JIM WALTER PAPERS XEROX PAPER- CITY HALL 109.95 23697 WATER PRODUCTS CO -252 5/8" METERS $11312.28/250 COPPERHORNS 15543.76 $3187.50/BOX PLATE/BOLT & NUTS/GASKET 4185667 113 23698 WEED KING WEED CUTTING 441.00 23699 LEON WEILAND EXPENSES - WATER OEPT 15.32 23700 SANDRA F WERTS OCTOBER EXPENSES 85.98 21701 WESCO LIGHT BULBS -COMMUNITY CENTER 574.40 t '02 WESTERN CHEMICAL CO FREIGHT CHARGES - WATER DEPT 352.10 cs703 MICHAEL WHAYLEN REFUND -BUILDING PERMIT 400.00 23704 ADAM WIETHOFF BASKETBALL OFFICIAL/FEES PD 75.00 23705 KEN HORDE HOCKEY OFFICIAL -FEES PD 77.50 23706 XEROX CORP SERVICE 257.00 23707 XEROX CORP SERVICE 27.82 23708 ZEP MANUFACTURING CO CHOKE/CARBURETOR CLEANER- STREET DEPT 267.10 23709 ZIEGLER TIRE SERVICE CO 4 GRADER TIRES $1021.28/FRONT END ALIGN 1189.28 22824 VDID OUT CHECK 65.00- 23710 BOYER TRUCKS BRAKE/SPRINGS 47.72 23711 EDEN PRAIRIE COMMUNITY THEATRE HOLLOWEEN CHARACTERS 100.00 23712 MARK THE MAGNIFICIENT MAGIC SHOW FOR HALLOWEEN 150.00 23713 BOB LAMBERT SEPTEMBER 85 EXPENSES 165.00 23714 DORHOLT INC LETTERHEAD- POLICE DEPT 225.00 23715 MINNESOTA SUBURBAN NEWSPAPERS INC ADS -LIQUOR STORE 163.16 23716 STARK ELECTRONICS 2 VOLT METERS -P/S DEPT 96.00 23717 HOPKINS POSTMASTER NEWSLETTER 31.53 23718 PETTY CASH PETTY CASH 56.68 473259 158973199 `ct.1 l q 0) 25/u(74.10 11 58000.'7 26227.12 15401.09 30 400.00 1 71 167.68 1 73 440:1.62 45 295586.27 1 47 177527.5'1 1 51 75137.87 55 229672.-9 56 57 5161.48 77 41521.17 77 147771.64 81 877.94 9» 297.'25 1589771.99 ( A115-* ..„ TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager FROM: Eugene A. Dietz, Director of Public Works /L? 11 DATE: October 31, 1985 RE: William Gilk Request for Administrative Division The agenda contains a request from Mr. William Gilk to allow an administrative division of property that he owns north of Scenic Heights adjacent to the "school pond" near Central Middle School. This is in the same neighborhood as John Liepke and has been the topic of previous discussions ranging from zoning use to setback problems. With the history as it is, Staff has required the owner to make the request of City Council for the division rather than doing it administratively. I have some reservations regarding the division, since we have had a history of problems resulting from the lack of proper streets and right-of-ways into the area. While it may not be possible to resolve all the issues at this time, creating a lot for a new home without addressing the entire issue would only serve to add one additional property owner to the situation. However, this does appear to be the last potential building site in the neighborhood. We have asked that Mr. Gilk provide us with a copy of the easement document which allows for ingress and egress to the property. I should know by the time of the Council meeting if access is available to the newly created lot. Special assessments for sewer and water service to the new lot have been assessed and cash park fees would be applicable at the time of building permit issuance. I will be available at the Council meeting to answer any other questions which you may have. EAD:sg cc: Mr. William Gilk October 23, 1985 { Mr. Carl Jullie Mr. Kelly R. Sharkey • Eden Prairie City Manager 6507 Kurtz Lane 8950 Eden Prairie Road Eden Prairie, Mn 55344 Eden Prairie, Mn 55344 Dear Mr. Jullies As I discussed with you on the telephone today, I request an addition to the agenda for discussion at the upcoming city council meeting on November 5, 1985. The agenda item is the city's housing code which I believe is inadequate at providing proper housing guidelines for tenants such as myself. I will provide details of my complaint at the meeting. Please confirm that my request is on the agenda. Thankyou, Kelly R. Sharkey Eden Prairie resident CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY RESOLUTION NO. 85-1 RESOLUTION OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR EDEN PRAIRIE, MINNESOTA, APPROVING THE REDEVELOPMENT PLAN ENTITLED "PRAIRIE VILLAGE REDEVELOPMENT PLAN AND TAX INCREMENT PLAN," DATED OCTOBER , 1985 WHEREAS, the Housing and Redevelopment Authority in and for Eden Prairie, Minnesota, (the Authority), has now caused to be prepared a Redevelopment Plan for a Redevelopment Project for the Outlots B and C of Gonyea 4th Addition, of Eden Prairie, Minnesota (the project area), entitled "Prairie Village Redevelopment Plan," dated October , 1985, (the plan); and, WHEREAS, the plan has been prepared with the cooperation and assistance of the appropriate City departments; and, WHEREAS, the Authority has transmitted the plan to the Planning Commission of the City of Eden Prairie for its study, and has requested the written opinion of the Planning Commission on the plan, all pursuant to Minnesota Statutes 462.515; and, WHEREAS, the Planning Commission has now studied and considered said plan, which consists of: Description of Redevelopment Project Area, Project Administration, Development Activities, Goals and Objectives, Relationship to Local Objectives, Description of Public Development Activities, Site Preparation, Urban Design Guidelines, Developer's Obligations, and Relocation Program; NOW, THEREFORE, be it resolved by the Authority that, having considered the plan, and the advice of the Planning Commission, that it does find that: 1. The plan provides an outline for the development and redevelopment of the project area and is sufficiently complete to indicate the relationship of the plan to the objectives of the City of Eden Prairie as to appropriate land uses within the project area, and to indicate the general land uses and general standards of development or redevelopment within the project area; and, 2. The project area is land or space which is vacant, unused and underused within the meaning of Minnesota Statutes 426.421, Subdivision 13 (3); and, 3. The project proposed by the plan, may be developed at a cost reasonably related to the public purpose to be served without major residential clearance activities, and with full consideration of the preservation of beneficial aspects of the urban and natural environment, for such uses as are consistent with emphasis on housing for low and moderate income families; and, 4. The land in the project area would not be made available for redevelopment or development without the financial aid to be sought and as proposed by the plan; and, 5. The plan affords maximum opportunity for the development and redevelopment of the project area by private enterprise, consistent with the sound needs ,�` of the locality as a whole; and, t 6. The objectives and purpose of the plan conform to, and are consistent with, the City of Eden Prairie Comprehensive Plan and planning objectives previously, from time to time, established by the Planning Commission and the City Council of the City of Eden Prairie for the development of the project area and the locality as a whole. FURTHER BE IT RESOLVED, that the Authority is authorized to purchase land described in Exhibit A attached hereto for the total sum of $150,000 payable in cash, $128,819 of which shall be paid by the HRA and $21,181 of which shall be paid by Prairie Village Limited Partnership, its agents, or any other person. • AND BE IT FURTHER RESOLVED, the Authority hereby adopts the Plan and forwards it to the City Council for appropriate action. DULY ADOPTED BY THE AUTHORITY this 5th day of November, 1985. Chairman Secretary 4_