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City Council - 04/15/1986
AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 15, 1986 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock, and Paul Redpath . CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. Regular City Council Meeting held Tuesday, January 21, 1986 Page 806 B. Regular City Council Meeting held Tuesday, April 1, 1986 Page 816 C. Special City Council Meeting held Friday, April 4, 1986 Page 828 III. CONSENT CALENDAR A. Clerk's License List Page 830 B. 2nd Reading of Riley Lake Surface Water(Ordinance No. 8-86) Page 831 C. RED ROCK HEIGHTS 3RD ADDITION, by Jerry Halmrast and Bill Gilk. 2nd Page 835 Reading of Drdinance #7-B6, Zoning District Change from Rural to R1- 13.5; Approval of Developer's Agreement for Red Rock Heights 3rd Addition; and Adoption of Resolution #86-67, Authorizing Summary of Ordinance #7-86 and Ordering Publication of Said Summary. 14 acres into 7 lots and 3 outlots. Location: Southeast quadrant of Village Woods Drive and View Lane. (Ordinance #7-86, Rezoning; Resolution #86-67, Authorizing Summary and Publication) D. PROCLAMATION REGARDING VOLUNTEER RECOGNITION WEEK IN EDEN PRAIRIE Page 842 E. FINAL PLAT THE FARM Location: North side of Duck Lake Trail, Page B43 west of 17;5th Avenue (Resolution No. 86-7D F. FINAL PLAT, AUTUMN WOODS 4TH Location: Adjacent to Dell Road, Page 846 I. north of Railroad Tracks (Resolution No. 86-72) G. Receive petition for utility and street improvements for Bluff Page 849 Country PUD (Resolution No. 8g7751------ City Council Agenda - 2 - Tues.,April 15, 1986 IV. PUBLIC HEARINGS { A. DONNAY'S ROUND LAKE ESTATES, by LAD Properties, Inc. Request for Page 631 Planned Unit Development Concept Amendment from Low Density & 857 Residential to Medium Density Residential on 14.71 acres and Planned Unit Development District Review on 34.92 acres, Zoning District Change from Rural to R1-13.5 on 9.58 acres and from Rural to RM-6.5, with variances, on 14.71 acres and Preliminary Plat of 34.92 acres into 69 lots and one outlot. Location: North of Highway #5, south of Lorence Way and west of Atherton Way. (Resolution #86-48, PUD Concept Amendment; Ordinance #12-86, PUD District and Rezoning; Resolution #86-49, Preliminary Plat) A continued public hearing from March 25, 1986 B. THE RIDGE, by Dirlam Development. Request for Planned Unit Page 861 Development Amendment Review of 152.4 acres, Zoning District Change from Rural to R1-13.5 on 8.32 acres, and Preliminary Plat of 10.42 acres into 17 single family lots and one outlot. Location: Northwest of Kilmer Avenue, west of Atherton Way. (Resolution #86-68, PUD Concept Amendment; Ordinance #19-86, Rezoning from Rural to R1- 13.5; Resolution #86-69, Preliminary Plat) C. CARDARELLE III AMENDMENT, by Frank R. Cardarelle. Request for Zoning Page 374 District Change from Office to C-Regional-Service on one acre for existing building. Location: Northwest quadrant of Regional Center Road and Eden Road. (Ordinance #8-86, Rezoning) Continued Public Hearing from February 18, March 4, and March 25, 1986 meetings. D. TOUCH OF CLASS INTERIORS, by Kate and Craig Halverson. Request for Page 660 Comprehensive Guide Plan Amendment from Low Density Residential to Office, and Zoning District Change from Rural to Office for an interior design studio. Location: Southwest quadrant of County Roads #1 and #18. (Resolution #86-50, Comprehensive Guide Plan Amendment; Ordinance #14-85, Rezoning) Continued Public Hearing from March 25, 1986 E. OLYMPIC HILLS 7TH ADDITION, by Olympic Hills Land Corporation. Page 654 Request for Zoning District Change from Rural to R1-13.5 on 1.05 acres for construction of three single family homes. Location: 10602, 10632, 10662 Mount Curve Road. (Ordinance #13-85, Rezoning) Continued Public Hearing from March 25, 1986 F. HOLAND ADDITION, by David V. Holand. Request for Zoning District Page 868 Change from Rural to R1-13.5 on two acres and Preliminary Plat of two acres into five single family residential lots. Location: Southwest corner of Creekridge Drive and Bennett Place. (Ordinance #20-86, Rezoning from Rural to R1-13.5; Resolution #86-70, Preliminary Plat) G. CITY WEST 8USINESS CENTER 3RD ADDITION, by Ryan Construction. Page 872 Request for Planned Unit Development Amendment Review on 15.91 acres, Zoning District Change from I-2 Park to Office on 6.3 acres for construction of a 69,500 square foot office building. Location: North of Shady Oak Road, west of City West Parkway. City Council Agenda - 3 - Tues.,April 15, 1986 V. PAYMENT OF CLAIMS NOS. 26450 - 26703 Page 873 VI. PETITIONS, REQUESTS & COMMUNICATIONS A. Request by Wendell A. Phillippi for Flood Plain and Shoreland Page 880 Management Review for 3 bridges over Purgatory Creek. Location: Riverview Road. B. High School Athletic Field Development Page 895 VII. REPORTS OF ADVISORY COMMISSIONS VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager 1. Concept approval on Refinancing Plan of Rogers la SWSCC and Page 898 Member Cities 2. Authorize expenditure of funds for joint lobbying efforts for Page 902 MDIF (Metropolitan Development and Investment Framework) - continued from April 1, 1986 C. Report of City Attorney D. Report of Director of Public Works 1. Award contract for 1986 Seal Coating, I.C.. 52-091 (Resolution No. 86-73 _ 2. Award contract for 1986 Water Meter Purchase, I.C.. 52-092 resolution No. 86-74) IX. NEW BUSINESS X. ADJOURNMENT • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 21, I986 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock, and Paul Redpath CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attor- ney Roger Pauly, Finance Oirector John D. Frane, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael PLEDGE OF ALLEGIANCE ROLL CALL: Councilmember Anderson arrived at 7:55 p.m. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Bentley moved, seconded by Redpath, to add the Parkview Treatment Center Request to the Agenda. Motion failed with Pidcock, Redpath, and Peterson voting "no". MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and Other Items of Business as published. Motion carried unanimously. II. MINUTES A. Regular City Council Meeting held Tuesday, September 17, 1985 MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the regular City Council Meeting held Tuesday, September 17, 19B5, as published. Motion carried unanimously. B. Joint City Council/Historical & Cultural Commission Meeting held Tuesday, October 1, 1985 MOTION: Bentley moved, seconded by Pidcock, to approve the Minutes of the Joint City Council/Historical & Cultural Commission Meeting held Tuesday, October 1, I985, as published. Motion carried unanimously. C. Regular City Council Meeting held Tuesday, December 17, 1985 1' MOTION: Bentley moved, seconded by Pidcock, to approve the Minutes of the regular City Council Meeting held Tuesday, December 17, 1985, as published. Motion carried unanimously. 706 City Council Minutes -2- January 21, 1986 III. CONSENT CALENDAR A. Clerk's License List B. Final Plat approval for City West Business Center (Resolution No. B6- 18 C. Receive Petition for Valley View Road Improvements from Golden Triangle Drive westerly approximately 400 feet and aut orize the preparation T a Feasibility Report, ad'accent to denwoods Business Center (Steiner Development), I.C. 52-089—(Re lution No. 86-19) D. Change Order No. 3, Anderson Lakes Parkway, I.C. 52-035 E. Request from Computer Depot F. Reschedule Joint Meeting of City Council/Planning Commission from February 4 to1pril 1, 1996 MOTION: Bentley moved, seconded by Pidcock, to adopt items A - F ron the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. FLYING CLOUD OFFICE BUILDING by Oakwood Builders. Request for Zoning District Change from Rural to I-w Park on 2.29 acres for construction of a 10,000 square foot office/warehouse. Location: south of Pioneer Trail, east of Highway #169. (Ordinance No. 1-86 - rezoning from Rural to I-2 Park) continued from 1-7-86 City Manager Jullie noted this request was continued from the January 7th fleeting of the City Council. Planning Director Enger summarized the meetings which had been held with the proponent since the January 7th Council meeting. Enger stated he had talked with Glenn Nybeck, Schaitberger's attorney, regarding the meaning of "interim use". Enger said he had discussed with Jack Haverly, one of the proponents, the possibility of building Phase II of the project first; this was proven to not be feasible due to the cost of the utilities. Enger said he did not feel any headway had been made in the discussions with the two parties involved. Harold Schaitberger, 12880 Pioneer Trail, said he has contested this zoning for a long time. He asked that his letter to the City Council be made a part of the Minutes (see attached). COUNCILMEMBER ANDERSON ARRIVED AT 7:55 P.M. City Attorney Pauly stated there is nothing to dictate that zoning should not follow the Comprehensive Guide Plan. 70 City Council Minutes -3- January 21, 1986 Bentley said he believed the proposal was an appropriate use of the site; he questionned the lighting. Enger stated that Staff and the Planning Commission had concerns regarding the screening of the loading areas. Enger said a plan had been submitted which was acceptable. The proponent will be required to bond for the landscaping, there will be no roof-top mechanical structures allowed or it would be screened according to the Ordinance, and lighting details would have to be submitted for review with down- lighting being a requirement. Redpath reviewed the uses in the area and said he wished the City had control over what was there. He said he could support the requested use. Kevin Fitzgerald, attorney for Gunnarson (property owner), said all procedural requirements of the City had been followed and adhered to by the proponent and the needs of the adjoining landowners have been attempted to be met. Fitzgerald stated the use intended is in accord with the uses in the neighborhood and with Guide Plan. He noted that the diminution of value could also be claimed by the property owner and developer. Fitzgerald pointed out that the use will result in an increase in the City's tax base. Bruce Haverly, Oakwood Builders, said there would be three or four businesses in the building and they would be owner occupied. Jeff Worth, 9510 Yorkshire, said he would like to see the setback of the proposed building further back. Russ Michael, Yorkshire Lane, said he would like to see residential use in this area. MOTION: Pidcock moved, seconded by Bentley, to close the Public Hearing and to give 1st Reading to Ordinance No. 1-86. Motion carried unanimously. MOTION: Pidcock moved, seconded by Redpath, to direct Staff to prepare a Developer's Agreement per Commission and Staff recom- mendations with specific consideration being given to the plantings on the berm. Motion carried unanimously. Schaitberger indicated he would not like to have a berm along his property line. V. PAYMENT OF CLAIMS NOS. 2487E - 25144 MOTION: Bentley moved, seconded by Redpath, to approve the Payment of Claims Nos. 24878 - 25144. Roll call vote: Anderson, Bentley, Pidcock, Redpath, and Peterson voted "aye". Motion carried unanimously. �� C • City Council Minutes -4- January 21, 1986 VI. APPOINTMENTS A. South Hennepin Human Services Council - Appointment of Council Repre- sentative and City Staff Representative - continued from January 7, 1986. MOTION: Bentley moved, seconded by Pidcock, to appoint Councilmember Redpath as the Council Representative and Jan Flynn Calhoon, Human Rights and Services Coordinator, as the City Staff Representative to the South Hennepin Human Services Council. Motion carried unani- mously. B. Architectural Advisory Committee - Appointment of members to the Architectural Advisory Commttee - continued from January 7, 1986 MOTION: Bentley moved, seconded by Anderson, to appoint the following to the City Hall Architectural Advisory Committee: Pat Breitenstein, Gene Haberman, Steve Hoyt, Elizabeth Kelly, Jerry LaBarre, Mona Leppla, Oennis hlarhula, Jack Provo, and Ed Schuck. Motion carried unanimously. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Kelly R. Sharkey to discuss City's Housing Code - con- , tinued from November 5, 1985 City Manager Jullie referred to his memorandum of January 17, 1986, which summarized Staff recommendations regarding adoption and enforcement of a Housing Code for rental properties in the City. Redpath expressed concern about the process of notification. Anderson said he would like to have this go through Staff and then to the Human Rights and Services Commission for its review. Peterson • asked how long it would take for the Human Rights and Services Commission to review this. Jan Calhoon, Human Rights and Services Coordinator, said this could be back to the Council by its second meeting in March if it was ready for review by the Commission at its meeting in March. Redpath asked if Staff had looked at Minneapolis's Truth in Housing Code. Jullie said St. Louis Park has a Certificate of Occupancy which is necessary before a home cart be sold. Jullie pointed out that the housing stock in Eden Prairie is fairly new and there should not be the problems found with older housing units. Pidcock noted the cost of having the home inspected is up to the individual property owner; the inspections are done by independent contractors and the average cost in Minneapolis is $75 - $I25 for this. Anderson said these costs could be included in the review to be 70-) City Council Minutes -5- January 21, 1986 done by Staff and the Comission. Peterson suggested Staff and the Commission review the Uniform Building Code first. He said he thought $15 seemed too low and that $45 or $50 would be better. Anderson said he did not want this to be a financial burden on the City. Bentley said he could see some problems with this. Peterson said he would like to have these all looked at during the review process. MOTION: Anderson moved, seconded by Pidcock, to recommend Staff and the Human Rights & Services Commission study the Uniform Housing Code, taking into consideration the concerns and comments made by Councilmembers this evening, and to have this come back to the City Council for further consideration at its second meeting in March. Motion carried unanimously. B. REUTER, INC. by Welsh Companies, Inc. Request for Site Plan Review on 10.663 acres for site grading within the designated flood plain and shoreland area of Nine Mile Creek. Location: east of Indian Chief Road, south of County Road #67, and northwest of the Chicago, Milwaukee, St. Paul and Pacific Railroad. City Manager Jullie stated notice of the Council's consideration of this item was sent to owners of surrounding properties. Planning Director Enger reviewed the request. Don Brauer, representing the proponent, addressed the proposal. Brauer stated the plant will process solid waste; this plant will require 14 approval before it can be constructed. Enger said the Planning Commission had reviewed this request at its meeting on January 14, 1986, at which time it voted to recommend approval subject to the recommendations included in the Staff Report dated January 10, 1986. Director of Community Services Lambert stated this request had been reviewed by the Parks, Recreation & Natural Resources Comission at its meeting on February 3, 1986, at which it voted to recommend approval. Anderson asked if there were any plants in the region similar to this. Brauer said there has been a similar plant in Ames, Iowa, for 15 years and another in Thief River Falls has been in operation for about two years. Anderson asked if any odors were emitted from the plant; he expressed concern about the prevailing winds especially since the plant would be in the northwest portion of the City. Brauer said the building would be completely enclosed and a negative-airflow system would be used. Bentley asked about the encroachment into the floodplain. Brauer said they would be restoring the condition which was there. z ICJ City Council Minutes -6- January 21, 1986 Bentley expressed concern about the fact there was only one entrance shown to the facility. Enger said it appears one entrance will work although it will be busy. Bentley said he was concerned about an emergency access. He stated he would like to see a plan prior to 2nd Reading of the Ordinance which would show how the proponents would deal with any hazardous wastes which they might come upon. Brauer said the PCA permit deals directly with the issue of hazardous waste. Bentley asked that consideration be given to widening the main access to the facility. Brauer said that was a good suggestion. MOTION: Pidcock moved, seconded by Anderson, to recommend approval of the site plan and the grading plan as submitted by Reuter subject to the conditions and recommendations included in the Staff Report dated January 10, 1986, and the subsequent approval and conditions by the Parks, Recreation & Natural Resources Commission. Motion carried unanimously. VIII. REPORTS OF AOVISORY COMMISSIONS There were no reports. IX. REPORTS OF OFFICERS, BOARDS AND COMifISSIONS A. Reports of Council Members 1. Policy on City Employee Memberships in Community Service Clubs - (continued from 1/7/86) City Manager Jullie recommended the City continue with the same policy it has been using whereby the dues of no more than two Staff members will be paid by the City to any one one service club (Rotary, Jaycees, Lions, and the Chamber of Commerce). Jullie said if any of these clubs is found to discriminate then the this policity would be reconsidered. Pidcock asked if anyone could apply for membership in Rotary or must a person be invited to join. Peterson said membership was by invitation only. Redpath said membership is by invitation only so there can be a broad representation in the type of jobs and professions included in the membership. Bentley said he would propose two changes: membership should not be limited to only the clubs listed by Jullie but should include "and any other service club", and the City Council should not have the authority to determine whether or not a club is disciminatory. Jan Calhoon, Human Rights and Services Coordinator, stated the Human Rights and Services Commission had reviewed this issue and had moved to recommend that "no public monies be used to provide G City Council Minutes -7- January 21, 1986 City or individual memberships to organizations which have discriminatory membership practices". Anderson said he would have to go along with the recommendation of the Human Rights and Services Commission; he believed that Rotary and Lions are discriminatory. Redpath said he liked to have Eden Prairie Staff represented in service clubs; he thought it was beneficial to the City as well as the clubs. Bentley said the question was how does the Council deal with this as a matter of policy. If there are discriminatory practices, who makes the decision or determination. Anderson said he thought that was up to the City Council to decide. Redpath said he thought the City Attorney could determine this. City Attorney Pauly said the Council makes many judgments of policy. He stated that some times the Council acts based on specific court cases and other times it acts based on its own knowledge. Anderson said he believed the question was whether Eden Prairie tax monies should be spent on organizations which are thought to discriminate. Peterson asked if the determination as to whether or not a club was discriminatory would be left to the judgment of City Manager Juilie. Redpath said he would still encourage Staff to be included in the organizations with which they are presently associated. Pidcock said she thought it was very good to have City Manager Jullie belong to Rotary; however, she was under the impression that the dues of five staff members were being paid which she later discovered was erroneous. Peterson said the question comes down to whether or not this is a proper expenditure of public funds. MOTION: Bentley moved, seconded by Redpath, to approve the recommendation of City Manager Jullie regarding the policy on City Employee Memberships in Community Service Clubs as outlined in Jullie's memorandum dated January 3, 1986. Peterson said he would vote against the motion because he believed the Human Rights and Services Commission had come up with a legitimate recommendation. VOTE ON THE MOTION: The motion failed with Anderson, Pidcock and Peterson voting "no". Bentley said the Council should request the Human Rights and Services Commission establish a policy on professional organi- zations. City Council Minutes -8- January 21. 1986 MOTION: Anderson moved, seconded by Pidcock, to adopt the recommendation of the Human Rights and Services Commission which was that no public monies be used to provide City or individual memberships to organizations which have discriminatory membership practices. Motion carried with Redpath voting "no". 2. Set date(s) to interview candidates for City Boards/Commissions NOTION: Anderson moved, seconded by Pidcock, to set a Special Meeting of the City Council for 6 p.m., Monday, February 10, 1986, in the School Administration Building, at which time cadidates for City Boards/Commissions will be interviewd. t•totion carried unanimously. 3. City Manager Evaluation (Continued from I-7-86) Peterson asked that each Councilmember turn in his/her forms to him as soon as possible. • B. Report of City Manager 1. Recommendation on Personnel Director City Manager Jullie referred to his memorandum dated January 16, 1986, in which this issue was addressed. Peterson said it cannot be assumed that the City will continue to do things as it has been. Bentley said he did not think the present Staff had time to devote to personnel matters. Peterson said he did not think it was wise to hire someone to do both the personnel and human services coordinator jobs when the position has not been evaluated. He said he believed the City was asking for trouble if the jobs were combined. Redpath said it should be assumed that the person hired would spend most of his or her time writing personnel policies; the position could be expanded with additional duties added when it was found necessary to do so. Pidcock said she would like to see someone hired who would just deal with personnel issues. She suggested a management consultant be consulted. Anderson said he would like to have a consultant come in and tell the City what is needs. Redpath said there is a pressing need for a personnel director. Peterson said he would not like to see someone hired and then have the job description changed in another year. Bentley said it was not the job of the City Council to write job descriptions. MOTION: Bentley moved, seconded by Redpath, to approve the recommendations of City Manager Jullie on the Personnel Director position as outlined in his memorandum of January 16, 1986. 7'� City Council Minutes -9- January 21. 1986 Bentley said he could see the need for a Human Rights and Services Coordinator. Jan Calhoon, Human Rights and Services Coordinator, said that issue was addressed in a memorandum to the City Council which was in the packet. Jullie said it was important for a department head to work with a commission and the intention was to have the Personnel Director be the liaison to the Human Rights and Services Commission. Jullie noted that most department heads do have the responsibility for a commission. Pidcock said she had a problem with the Personnel Director reporting to the Director of Community Services. Jullie stated the position would be Assistant to the City Manager/Personnel; there would then be two assistant to the city manager positions. Anderson said he believed it was the City Manager's perogative to staff the City as he saw fit. VOTE ON THE MOTION: Motion carried unanimously. 2. 1986 City Budget Modifications City Manager Jullie called attention to his memorandum of January 17, 1986, in which this matter was addressed. MOTION: Bentley moved, seconded by Redpath, to approve the 1986 City Budget Modifications as outlined in City Manager Jullie's memorandum dated January 17, 1986. Roll call vote: Anderson, Bentley, Pidcock, Redpath, and Peterson voted "aye". Motion carried unanimously. C. Report of City Attorney City Attorney Pauly asked to meet with the Council in a closed session following the meeting regarding developments in litigation. D. Report of Director of Community Services 1. Miller Park Revised Concept Plan Director of Community Services Lambert addressed his memorandum dated January 16, 1986, regarding the Miller Park Revised Concept Plan. Anderson asked if this plan would meet the needs of the City. He questionned the proximity of this park to Round Lake Park. Lambert said the facilities at Miller Park will serve the entire community. Anderson expressed concern about access to the park from the south. Bentley said he thought the revised plan fits into the neighborh000d better than the original plan did. MOTION: Bentley moved, seconded by Anderson, to recommend approval of the revised concept plan for Miller Park and to direct Staff to begin negotiations for acquisition of the twenty-four acre parcel. Motion carried unanimously. City Council Minutes -10- January 21. 1986 2. Eden Prairie Community Center Litigation Director of Community Services Lambert noted his memorandum of January 16, 1986, in which this matter was addressed. City Attorney Pauly said the cost of determining the cause and remedy of those defects is a recoverable damage. What is being done now is review of the totality of the problem, causation, and remedial steps that need to be taken. Pauly said from what has been shown by the testing so far it seems there are some defects and there was negligence. tMOTION: Anderson moved, seconded by Pidcock, to enter into a contract with Setter, Leach and Lindstrom for an amount not to exceed $18,000--for schematic design phase of this project which would include a report listing the advantages and disadvantages of the various solutions for repairing the Community Center, and their comparative costs. Roll call vote: Anderson, Bentley, Pidcock, Redpath, and Peterson, voted "aye". Motin carried unanimously. X. NEW BUSINESS There was none. XI. ADJOURNMENT The Council adjourned to a special session with City Attorney Pauly to discuss matters in litigation. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 1, 1986 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock, and Paul Redpath CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, Assistant Planner Steve Durham, and Recording Secretary Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL: Councilmember Pidcock was absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: III. J. 2nd Reading of Ordinance No. 10-86, for the FSI Office Building; VIII. B. 4. City Hall Site Selection; VIII. B. 5. Discus- sion of Reuter, Inc. dRDIF. MOTION: Anderson moved, seconded by Bentley, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II. MINUTES OF REGULAR CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 3, 1985 MOTION: Bentley moved, seconded by Anderson, to approve the minutes of the Regular City Council Meeting held Tuesday, December 3, 1985. Motion carried with Redpath abstaining. III. CONSENT CALENDAR A. MENARDS EXPANSION, by Menards, Inc. 2nd Reading of Ordi- nance #46-85, Zoning District Amendment within the Commercial Regional Service District; Approval of Devel- oper's Agreement for Menards; and Adoption of Resolution #86-43, Authorizing Summary of Ordinance #46-85 and Ordering Publication of Said Summary. Location: Menards Building, adjacent to Plaza Drive. (Continued from March 25, 1986) City Council Minutes -2- April 1, 1986 B. FLYING CLOUD OFFICE BUILDING, by Oakwood Builders. 2nd Reading of Ordinance #1-86, Zoning District Change from Rural to I-2 Park; Approval of Developer's Agreement for Flying Cloud Office Building; and Adoption of Resolution #86-44, Authorizing Summary of Ordinance #1-86 and Ordering Publication of Said Summary. Location: South of Pioneer Trail, east of Highway #169. (Continued from March 25, 1986) C. THE FARM, by Countryside Investments. 2nd Reading of Ordinance #5-86, Zoning District Change from Rural to R1-13.5; Approval of Developer's Agreement for The Farm; and Adoption of Resolution #86-46, Authorizing Summary of Ordinance #5-86 and Ordering Publication of Said Summary. Location: North of Duck Lake Trail, east of King of Glory Church. (Continued from March 25, 1986) D. FLOOD PLAIN MAP--2nd Reading of Ordinance #37-85, Adopt- ing Federal Insurance Rate Map (FIRM) for Eden Prairie as part of Chapter 11, City Code. (Continued from March 25, 1986) E. Clerk's License List F. Resolution No. 86-63, to Fund the I-494 Study G. Resolution No. 86-58, Appointing Election Judges for the May 6, 1986 Referendum H. Resolution No. 86-62, Establishing Polling Places I. 2nd Reading of Ordinance No. 15-86, Street Name Change West 78th Street to Technology Drive J. PSI OFFICE BUILDING, by Meyer, Scherer, & Rockcastle, Ltd. 2nd Reading of Ordinance #10-86, Amending Ordinance #39- 83 within the Office District; Approval of Developer's Agreement for the FSI Office Building; and Adoption of Resolution #86-47, Authorizing Summary of Ordinance #10- 86 and Ordering Publication of Said Summary. Location: North of Highway #169, east of City West Parkway. (Ordinance #10-86, Amending Ordinance #39-83; Resolution #86-47, Authorizing Summary and Publication) MOTION: Redpath moved, seconded by Anderson, to approve items A-E and G-J on the Consent Calendar. Motion carried unanimously. f j:--) • City Council Minutes -3- April 1, 1986 MOTION: Redpath moved, seconded by Bentley, to adopt Item F on the Consent Calendar, Resolution No. 86-63, to fund the I-494 Study. Roll call vote: Anderson, Bentley, Redpath and Peterson voted "aye". Motion carried unani- mously. MOTION: Bentley moved, seconded by Redpath, to appoint Mayor Peterson and City Manager Jullie to represent Eden Prairie on the I-494 Study Project Management Team (PMT). Motion carried unanimously. IV. PUBLIC HEARINGS A. DOUGLAS CORPORATION HEADQUARTERS by Opus Corporation. Request for Planned Unit Development Concept Review on 95+ acres of land for office headquarters, manufacturing and distribution campus. Location: Highway #169 and Anderson Lakes Parkway. (Resolution No. 86-35 - PUD concept Approval/Denial) Continued from March 4, 1986 City Manager Jullie noted that this item had been con- tinued from the March 4, 1986, meeting in order that discussion could take place between the proponent and the School District regarding a potential school site on the property. Those negotiations have not been con- cluded; therefore he recommended that the hearing be continued to a future date. He also noted that the April 15th City Council meeting agenda is very heavily loaded with items carried forward from the March 25th meeting. Redpath suggested that an additional City Council meeting be held in April rather than add more items to the agenda for the April 15th meeting. MOTION: Redpath moved, seconded by Anderson, that an additional City Council meeting for the month of April be scheduled on Tuesday, April 22, 1986, at 7:30 PM. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to continue the Douglas Corporation Headquarters item to the April 22nd meeting of the City Council to allow time for nego- tiations between Douglas Corporation and the Schoo] District. Motion carried unanimously. 717 City Council Minutes -4- April 1, 1986 B. LANDSCAPE PRODUCTS CENTER, by Edenvale Industrial Company and Landscape Products Center, Inc. Request for Site Plan Review within the I-2 Park District on 4.88 acres with variances to be reviewed by the Board of Appeals. Locations North of Highway #5, south of Martin Drive. (Ordinance #16-86, Amending Zoning within I-2 Park District) City Manager Jullie stated notice of this Public Hearing had been published and affected property owners had been notified. Planning Director Enger said that both Item IV. B., LANDSCAPE PRODUCTS CENTER and Item IV. C., EDENVALE MINI-STORAGE, involved the same Preliminary Plat and are located next to each other in Edenvale Industrial Park. He noted the Staff Report dated March 7, 1986, in which both projects were reviewed. The Planning Commission reviewed both proposals at its March 10, 1986, meeting and recommended approval of both by a 7-0 vote. Enger also noted the Staff Memorandum dated March 26, 1986, highlighting changes suggested in response to three issues raised by the Planning Commission, includ- ing their concern regarding the views into the site, especially from Highway #5. Kay Schumacher addressed the proposal for EDENVALE MINI- STORAGE and John Wiley addressed the proposal for LAND- SCAPE PRODUCTS CENTER. Redpath commented on the location of the berming planned for the site and questioned the drainage design plans. Director of Public Works Dietz replied that they had not seen any of the details of the Highway Department's drainage design plans for Highway #5. Bentley asked if the assessments for the Drainage Assessment District established sometime ago had been levied. Dietz replied that the assessments had been levied. The issue of drainage was discussed. Bentley asked if' the concerns regarding the sight lines of the property from Highway #5 had been adequately addressed. The question of sight lines was discussed. Peterson asked if' the suitability of a residence in the midst of the industrial area had been addressed. Enger said that discussion had centered on the fact that the f1`) City Council Minutes -5- April 1, 1986 residence is an integral part of the industrial opera- tion. Peterson asked about the restrictions regarding the residents on the property. Schumacher said that they would be typical security personnel such as an older couple who would provide the type of 24-hour security required. Anderson asked about the details of the fencing planned for the south side of the project. Details of the height, appearance and weight of materials for the pro- posed fence were discussed. MOTION, Bentley moved, seconded by Redpath, to close the Public Hearing and to give 1st Reading to Ordinance No. 16-86. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare a Developer's Agreement as recommended and amended by the Planning Commission and Staff. Motion carried unanimously. C. EDENVALE MINI-STORAGE, by Edenvale Industrial Company and Landscape Products Center, Inc. Request for Site Plan Review within the I-2 Park District on 4.88 acres with variances to be reviewed by the Board of Appeals, and Preliminary Plat of 12.5 acres into four lots for construction of a mini-storage facility. Location: North of Highway #5, south of Martin Drive. (Ordinance #17-86, Amending Zoning within I-2 Park District; Resolution No. 86-59, Prelimiary Plat) City Manager Jullie stated notice of this Public Hearing had been published and affected property owners had been notified. (See Item IV. B., LANDSCAPE PRODUCTS CENTER, for Commission and Staff recommendations and discussion by Council members, Staff and proponents.) MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 17-86. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 86-59, approving the preliminary plat of Edenvale Mini-Storage for Edenvale Industrial Company and Landscape Products Center, Inc. Motion carried unanimously. 2 0 City Council Minutes -6- April 1, 1986 MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare a Developer's Agreement as recommended and amended by the Planning Commission and Staff. Motion carried unanimously. Wiley then asked the Council for issuance of a grading permit prior to the 2nd Reading. Redpath asked when the 2nd Reading would be scheduled and noted that if it was scheduled soon an early grading permit should not be necessary. The consensus was to wait until April 22nd at which time the Council would reconsider the request for early grading if the Staff had not then completed the necessary agreements. D. WINDSONG by Daniel Koosman. Request for Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential on 8.36 acres, Zoning District Change from Rural to RM-6.5 on 5.86 acres and from R1-22 to RM-6.5 on 2.5 acres, and Preliminary Plat of 9.16 acres into eleven lots and one outlot for construction of 9, four-plex units. Location: South of County Road #1 and west of Eden Bluffs. (Resolution #86-60, Com- prehensive Guide Plan Amendment; Ordinance #18-86, Zoning District Change from Rural and R1-22 to RM-6.5; Resolu- tion #86-61, Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Larry Rice, Dan Koosman and Jerry Mezara addressed the proposal. Koosman provided a resume of the Wahldick & Rice Real Estate Group who will manage the project. (Attachment A) Planning Director Enger noted that this project was first reviewed at the February 10, 1986, meeting of the Plan- ning Commission. The item was continued to reconsider the density of the proposed ween land uses and technical aspectsJt transition ofthesiteplan. Enger noted that the Planning Commission heard the item again at its March 10, 1986, meeting. He also noted the Staff Report dated March 7, 1986, that reviewed the proposed revisions to the site plan to reflect additional acreage and to address site planning details. Enger said that, at the March 10th meeting, the Commission discussed their concern about the relationship of the proposed units to the surrounding property. On a 4-2 vote the Commission recommended approval of both the site plan/rezoning 7A City Council Minutes -7- April 1, 1986 issue and the Comprehensive Guide Plan Amendments subject to the revised plans and the recommendations of the Staff Reports dated March 7, 1986, and February 7, 1986. Redpath asked if the proposal was to have one owner per building with three units as rental property. Mr. Koosman replied that there would be one owner for the development. Bentley asked about the road alignments, access points and sight line distances in the vicinity of the project. Enger said that Hennepin County has reviewed this and has determined that there is adequate sight line dis- tance in that location. Discussion of the question of road alignments in the vicinity followed. Peterson asked about the conditions management would impose regarding outdoor storage of boats and cars in the project. Mr. Koosman said there would be 2 units permitted per residence. Bentley asked about the number of spaces per unit for parking. Mr. Mezara replied that there would be one covered unit, two driveway spaces per unit and 29 guest parking spaces. Discussion followed concerning parking provided by the project. Redpath asked if there would be a Homeowners Association. Mr. Rice said there would be. Anderson commented on the possible problem of the one original owner amending the covenants at will. City Attorney Pauly said the impor- tant point would be the provisions relating to the amendment of the Covenant. Anderson expressed concern with changing low-density residential areas into medium-density residential areas once there is development in the area. Planning Direc- tor Enger noted that such a change had been approved in the area north of Flying Cloud Airport near Staring Lake when it was approved for a mixed density. Peterson asked about the sight lines from the areas to the south of the project. Mr. Mezara said that the residents to the south should see mostly plantings. Mr. Rod Haanen, 10108 Meade Lane, presented a petition from residents in the neighborhood requesting that the Council reject the proposal to amend the area from low density residential to medium density. (Attachment B) • City Council Minutes -8- April 1, 1986 Those signing the petition resided primarily in the Bluffs East area. Mr. Paul Rippe, 10689 Sherman Drive, expressed concern about the bona fide interest of the developer in the area and about the value of the proposed units not being comparable to the existing homes. He also asked about the review of previous projects completed by the developer. Bentley replied that the City of Eden Prairie has strict guidelines for developer's actions and conducts inspec- tions of the work. Peterson also noted that developers must follow the codes and requirements set up by Eden Prairie. Mr. Bob Martinez, 10732 Jackson Drive, expressed his concern about the proximity of the proposed units to his property line. He also was concerned about the proposed change in the zoning after-he had purchased property as well as the possibility that his property would be devalued because of the zoning change. Mr. Doug Moran, 10788 Jackson Drive, commented that when he purchased his home he had checked with City Hall and was told that the property was zoned residential, not rural. He said that he can overlook the project from the edge of his property. Mr. Gary Austin, 10783 Jackson Drive, commented that when he checked with the City Planning Office before he pur- chased his property he was told that the area was planned as single family residences. He also expressed concern about the management of the property and questioned the ownership of the units. Bentley noted that it seemed the crux of the issue is the question of guideline change. A discussion of zoning on the surrounding property and the issue of a transition area followed. Enger noted that he had informed the proponents when they first brought the project to him that it would be difficult to justify multiple-residential on the property. Peterson thought that something more creative, perhaps at a lower density, could be done to produce a greater mix but still be multiple residential. Anderson commented that there must be good reason to change the Guide Plan. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to deny Resolution No. 86-60 for City Council Minutes -9- April 1, 1986 the Comprehensive Guide Plan Amendment. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to deny 1st Reading of Ordinance No. 18-86 for Rezoning. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct the City Attorney to develop a Findings of Fact for Denial. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to deny Resolution No. 86-61, approving the Preliminary Plat of Windsong by Daniel Koosman. Motion carried unanimously. Peterson asked if proponents would be required to pay the fees again if they wished to modify the project. Enger suggested that the proponents pay the fees again since the fees had been waived once before. V. PAYMENT OF CLAIMS NOS. 26267 - 26449 MOTION: Redpath moved, seconded by Anderson, to approve the Payment of Claims Nos. 26267 - 26449. Roll call vote: Anderson, Bentley, Redpath and Peterson voted "aye". Motion carried unanimously. VI. PETITIONS, REQUESTS & COMMUNICATIONS There were none. VII. REPORTS OF ADVISORY COMMISSIONS There were none. VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Councilmembers There were none. B. Report of City Manager 1. Authorize expenditure of funds for joint lobbying efforts for MDIF (Metropolitan Development and Investment Framework) City Manager Jullie noted that a request had been made by the group formed to coordinate efforts during the Metropolitan Council's process to adopt its pro- posed Metropolitan Development and Investment t q • City Council Minutes -10- April 1, 1986 Framework. They are asking for a financial commit- ment to their lobbying effort. Planning Director Enger stated that Eden Prairie's share would be about $2,000. Enger noted that the group, representing 12 communities in the Southwest area, had been meeting and had put together a position paper, a draft of which was available with the materials for the Council meeting. Enger stated that the group needs to see the redraft of the MDIF proposal before going ahead with the lobbying effort. Peterson stated that he is philosophically opposed to hiring lobbyists and that he believed Eden Prairie's position regarding the Met Council is substantially different from Scott and Carver Counties and Chan- hassen. Redpath also questioned the similarity of interests of the communities in the group. Discus- sion regarding previous lobbying efforts for Eden Prairie followed. Bentley noted that the Metropolitan Council is not just a planning agency, but has control of sewer allocations as well as the development potential for an area. He noted the importance of the Investment Framework and his concern about the development of Eden Prairie if it is not changed. Anderson said that he would like to have a staff recommendation on the position paper. MOTION: Anderson moved, seconded by Bentley, to table the issue until April 15th. Motion carried unanimously. 2. Selection of bond counsel for May 6 referendum City Manager Jullie noted the Staff Memorandum dated March 25, 1986, recommending the Dorsey law firm as bond counsel for the May 6, 1986, Referendum. Anderson questioned the large variation between the two bids and asked whether those two firms are the only bond counsels available. City Attorney Pauly noted that there are other firms that are recognized bond counsels. Jullie noted the use of the Dorsey firm in the past and the advantages of familiarity with Eden Prairie's procedures. City Council Minutes -11- April 1, 1986 MOTION: Redpath moved, seconded by Bentley, that the Dorsey law firm serve as bond counsel for the May 6, 1986, referendum. Roll call vote: Anderson, Bentley, Redpath and Peterson voted "aye". Motion carried unanimously. 3. Set Special City Council meeting for April 4, 1986, 4:00 PM, City Hall Lunchroom, for referendum ballot questions MOTION: Bentley moved, seconded by Anderson, that a Special Meeting of the Council be held on April 4, 1986, at 4:00 PM in the City Hall Lunchroom to approve the ballot questions. Motion carried unani- mously. 4. City Hall Site Selection City Manager Jullie noted that the negotiation process with representatives of the Feeders site is going well. He noted that there is still a ques- tion regarding the dedication of the floodplain. Redpath questioned what use the owner would have for a portion of the floodplain. Discussion of the commitment to floodplain issue followed. Anderson noted the importance of knowing what the final agreement is before proceeding with selection. Bentley noted the importance of making a commitment on the site as soon as possible. Jullie said that the location of the portion of floodplain committed was important. Jullie also said that negotiations may end up with the owners asking for an encroachment near Technology Drive to make a buildable portion of land at the north end of the property. Bentley noted that, technically, floodplain is not part of the site issue. MOTION: Redpath moved, seconded by Bentley, that Site 3A (the Feeders site) be selected as the loca- tion of the new City Hall. Motion carried unanimously. 5. Discussion of Reuter, Inc. dRDIF Peterson noted that Mr. Reuter had asked the Council to sponsor a resolution encouraging the Metropolitan City Council Minutes -12- April 1, 1986 Council to reconsider their decision. MOTION: Bentley moved, seconded by Anderson, to adopt Resolution #86-64, directed to the Metropoli- tan Council regarding the Reuter, Inc. dRDIF Resource Recovery Facility. Motion carried unani- mously. C. Report of City Attorney City Attorney Pauly reported on recent legislation in the area of tort reform that would relieve cities of some types of liability. He will provide further information when it is available. IX. NEW BUSINESS There was none. X. ADJOURNMENT MOTION: Redpath moved, seconded by Anderson, to adjourn the meeting at 10:45 PM. Motion carried unanimously. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL FRIDAY, APRIL 4, 1986 4:00 PM, CITY HALL LUNCHROOM 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; Director of Community Services Robert Lambert, Finance Director John Frane; and Recording Secretary Jan Nelson I. ROLL CALL Councilmember Pidcock was absent. II. CALL TO ORDER Mayor Peterson called the meeting to order. III. RESOLUTION NO. 86-65 RELATING TO $7,700,000 GENERAL OBLIGATION BONDS AND PROVIDING FOR AN ELECTION ON MAY 6, 1986 ON THE ISSUANCE THEREOF MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 86-65, relating to $7,700,000 General Obliga- tion Bonds and providing for an election on May 6, 1986 on the issuance thereof. Motion carried unanimously. IV. SET SPECIAL COUNCIL MEETING FOR TUESDAY APRIL 29, 1986, 7:30 PM, AT THE SCHOOL DISTRICT BOARDROOM AND CANCEL APRIL 22 SPECIAL MEETING Peterson noted that the Rotary Awards Banquet was scheduled for April 22 and several councilmembers would be attending that event. MOTION: Redpath moved, seconded by Anderson, to set a Special Council meeting for Tuesday, April 29, 1986, 7:30 PM, at the School District Boardroom and to cancel the April 22 Special Council meeting. Motion carried unanimously. V. NEW BUSINESS City Manager Jullie noted some changes in the Staff that will require some additions and some reorganization. City Council Minutes -2- April 4, 1986 Redpath asked about the search for a personnel employee. Jullie noted there had been almost 90 applicants for the job and that there should be someone on the job by mid-May. VI. ADJOURNMENT • MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 4:15 F . Motion carried unanimously. CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST April I5, 1986 CONTRACTOR (MULTI-FAMILY & COMM.) PLUMBING Sonny Miller Construction Co. Wayne Burville Plumbing Minnegold Store Fixture Co. D. C. Mechanical Morcon Construction, Inc. Dalby Plumbing Paul Walentiny Construction Klamm Mechanical Contractors, Inc. Nuebel Plumbing CONTRACTOR (1 & 2 FAMILY) HEATING & AIR CONDITIONING Allpro Builders, Inc. Comfort Builders, Inc. Damon Properties, Inc. Al's Heating & Air Conditioning Diversified Construction Co. L & L Sales Heating & Air Conditioning Mady Halverson Knob Hill Homes, Inc. S & I Remodeling Martin Schutrop Construction Superior 77, Inc. These licenses have been approved by the department heads responsible for the licensed ctivity. 0 4 - Pat So le, Licensing 71u MEMORANDUM TO: Mayor and City Council THRU: Carl Jullie, City Manager FROM: Bob Lambert, Oirector of Community Services DATE: April 9, 1986 SUBJECT: Riley Lake Surface Use Ordinance Earlier this year the City Council approved the first reading of Ordinance No. 86-8 that would provide for a "slow no wake zone" extending 150' out from Riley Lake Park, and a designated water skier pick up and drop off zone along the City owned land located south and west of Riley Lake Park. This ordinance requires review and approval by the Commissioner of the Department of Natural Resources prior to second reading. Attached is a copy of a March 20, 1986 letter from Joseph N. Alexander, Commissioner of the Department of Natural Resources approving Ordinance No. 86-8. Upon approval of this second reading, staff will post the new regulations at Riley Lake Park and will install marker buoys in early May. BL:md ?3I STATE Of Muki.112SS©4A, DEPARTMENT OF NATURAL RESOURCES BOX 37 , 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55146 DNR INFORMATION (612)296-6157 • March 20, 1986 Mr. Robert A. Lambert Director of Community Services 8950 Eden Prairie Road Eden Prairie, MN 55344-2499 Dear Mr. Lambert: After reviewing your proposed ordinance for Riley Lake (#8-86), the Water Surface Use Task Force has recommended approval and I concur. The enforcement and posting of this restriction will be the responsibility of the City of Eden Prairie. Please send a copy of your final ordinance to Kim Elverum when it is passed. Thank you for your interest in water safety and your excellent work! Let us know if we can be of further assistance. Yours ruly, Jo eph N. Alexander Commissioner KAE/de Cc: Fred Hammer, Enforcement Kathleen Wallace, Region VI WSUM Task Force Sgt. Brandenberg - Henn. Co. Water Patrol i AN EQUAL OPPORTUNITY EMPLOYER c r ORDINANCE NO. A& AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 9 BY RENUMBERING PRESENT SECTION 9.64 AS 9.65; AND BY RENUMBERING PRESENT SECTION 9.65 AS 9.66; AND BY ADDING SECTION 9.64 RELATING TO THE REGULATION OF THE USE OF RILEY LAKE; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVI- SIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 9 shall be and is amended by renumbering present Section 9.64 as 9.65, and by renumbering present Section 9.65 as 9.66. Section 2. City Code Chapter 9 shall be and is amended - by adding thereto Section 9.64 which reads as follows: [SEC. 9.64. REGULATION OF USE OF RILEY LAKE. Subd. 1. A slow, no-wake zone extending one hundred fifty feet (150') out from Riley Lake Park and eight hundred feet (800') in length shall be designated and marked with necessary buoys and signs. Watercraft shall operate in the slow, no-wake zone at the slowest possible speed necessary to maintain steerage and in no case 9 greater than five (5) miles per hour. Subd. 2. A water skier pick-up and drop-off area seven hundred feet (700') in length shall be designated on City land and adjacent waters South of the swim area and marked with necessary buoys and signs. No water skiers shall be picked up or dropped off from any City land adjoining Riley Lake except in the designated area. Subd. 3. Notice. A sign shall be constructed at each public waterfront facility on Riley Lake clearly designating • ( ( the slow, no-wake zone and water skier pick-up and drop-off zone. Each zone will be marked with necessary buoys and signs.] Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99 are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. 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 '4th day of March 1986, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 15th day of April , 1986. ATTEST: i _ err „z 7-1/a, Ci Mayor LISHED in the Eden Prairie News on the day of 1986. • -2- • Red Rock Heights 3rd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 7-86 AN ORDINANCE OF THE CITY DF 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 R1-13.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District, 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 • 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 April 15, 1986, entered into between Red Rock Heights Partnership, a general partnership, 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 4th day of March, 1986, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 15th day of April, 1986. ATTEST: John 0. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of • Exhibit A Legal Description • Property to be rezoned to R1-13.5 That part of the following described property: Government Lot 1, Section 16, Township 116, Range 22, except that part lying South of a line drawn parallel to and 850.00 feet North of the South line of said. Government Lot 1. Also 'except the East 300.63 feet of the North 1051.82 feet, also except that part of the North 1301.82 feet of said • Government Lot 1, lying West of the East 300.63 feet as measured along the North and East line thereof, all lying northerly of Red Rock Lake and easterly and southeasterly of the following described line: Commencing at the Southeast corner of that part of the North 1301.82 feet of Government Lot 1 lying West of the East 300.63 feet, as measured along said North and East lines thereof; thence westerly, along the South line of said North 1301.82 feet, a distance of 15.0 feet to the point of beginning of the line to be described; thence deflecting to the left 54 degrees 40 minutes for a distance of 32.0 feet; thence deflecting to the right 27 degrees 30 minutes for a distance of 228.0 feet; thence deflecting to the left 32 degrees 00 minutes for a distance of 204.0 feet; thence deflecting to the left 50 degrees 00 minutes for a distance of 82 feet, more or less, to the shoreline of said Red Rock Lake and there terminating. Property to be platted: Government Lot 1, Section 16, Township 116, Range 22, except that part lying South of a line drawn parallel to and 850.00 feet North of the South line of said Government Lot 1. Also except the East 300.63 feet of the North 1051.82 feet, also except that part of the North 1301.82 feet of said Government Lot 1, lying West of the East 300.63 feet as measured along the North and East lines thereof. • • L�� Red Rock Heights 3rd Addition DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1986, by Red Rock Heights Partnership, a Minnesota partnership, hereinafter referred to as "Developers," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developers have applied to City for preliminary plat approval of approximately 14.0 acres and zoning district change from Rural to R1-13.5 for 6.4 acres for development of seven (7) single family lots and three (3) outlots, with variances to shoreland management requirements, located south of Scenic Heights Road at School Road, 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 #21-86, Developers covenant and agree to construction upon, development, and maintenance of said property as follows: 1. Developers shall develop the property in conformance with the materials revised and dated February 18, 1986, reviewed and approved by the City Council on March 4, 1986, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Developers shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developers covenant and agree to the performance and observance by Developers 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 by the City of the final plat, Developers shall revise the final plat to indicate a 10 ft. wide walkway easement along the east border of the property. 4. Prior to release by the City of the final plat, Developers shall dedicate to the City, clear of any mortgages, liens, assessments, or other encumbrances, Outlot 8 and Outlot C, Red Rock Heights 3rd Addition as depicted in Exhibit B, attached hereto. Developers further agree that, prior to release by the City of the final plat, Developers shall also dedicate to the City an easement for drainage and utility purposes along the east, south, and west borders of the property for purposes of conservancy of shoreland areas, as depicted on Exhibit B, attached hereto. 5. Prior to issuance of any grading permit upon the property, Developers shall submit to the Director of Planning, and receive the Director's approval of specifications for restoration of the 2:1 slope, in the location shown on Exhibit B, attached hereto. Upon approval by the Director of Planning, the Developers agree to implement, or cause to be implemented, those specific restoration plans for said 2:1 slope, as approved by the Director of Planning, in accordance with Exhibit C, attached hereto. 6. Prior to issuance of any building permit upon the property, Developers 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, Developers shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 7. Developers agree 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, Developers agree 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 Developers 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 Developers, 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. 8. Developers agree to confine grading to that area of the property within the construction limits as shown on Exhibit B. Developers shall place snow fencing at the construction limits to protect existing shoreland vegetation, and other vegetation, on the property prior to any grading upon the property. Prior to issuance of any grading permit, Developers shall submit to Z7 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, Developers agree that prior to issuance of any building permit for the property, Developers 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. Developers further agree 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, Developers agree That, prior to issuance of any building permit, Developers 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. Developers agree 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, Developers shall implement, or cause to be implemented, those improvements listed above in said plans, as approved by the Director of Planning. 9. Concurrent with street construction, Developers agree to construct a five-foot wide concrete sidewalk within a 20 ft. wide easement, extended to Village Woods Drive along the proposed street of the property, with steps in areas over 8% in grade in the location shown in Exhibit B, attached hereto, all as depicted in Exhibit 0, attached hereto and made a part hereof. 739 • Red Rock Heights 3rd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-67 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 7-86 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 7-86 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 15th day of April, 1986; 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. 7-86, 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. 7-86 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 April 15, 1986. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 7 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 7-86 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This Ordinance allows rezoning of land located south of Village Woods Drive at View Lane, known as Red Rock Heights 3rd Addition, from the Rural District to the R1-13.5 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 , 1986. (A full copy of the text of this Ordinance is available from the City Clerk.) 1 A PROCLAMATION AS VOLUNTEER RECOGNITION WEEK IN THE CITY OF EDEN PRAIRIE, MINNESOTA • WHEREAS, volunteers represent a tremendous resource of cities and comunities throughout Minnesota and the United States of America; and WHEREAS, it is estimated that more than one million Minnesotans volunteer their time, talent, and expertise to their communities; and • WHEREAS, the City of Eden Prairie benefits from the efforts of innumerable volunteers from within and outside its boundaries who have given of themselves to make Eden Prairie one of the finest communities in Minnesota; and WHEREAS, these volunteers deserve our gratitude and recognition to underscore the value of their efforts which are all too often taken for granted; NOW, THEREFORE, I, GARY PETERSON, MAYOR OF THE CITY OF EDEN PRAIRIE, DO PROCLAIM that the week of April 20-27, 1986 shall be VOLUNTEER RECOGNITION WEEK in the City of Eden Prairie, and urge all of its residents to congratulate and affirm those selfless inviduals who so invest in our fine community. Mayor Gary D. Peterson ATTEST: John D. Frane, City Clerk ' I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-71 • A RESOLUTION APPROVING FINAL PLAT OF THE FARM WHEREAS, the plat of The Farm 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 The Farm is approved upon compliance with the recommendation of the City Engineer's report on this plat dated April 8, 1986. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on April 15, 1986. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, Clerk 0LI� CITY OF EOEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council. Members THROUGH: Carl J. Jullie, City Manager Eugene A. Oietz, Director of Public Works !! FROM: David L. Olson, Senior Engineering Technician v 0J DATE: April 8, 1986 SUBJECT: THE FARM PROPOSAL: The owners of Countryside Investments have requested City Council approval of the final plat of The Farm, a single family residential division consisting of 44 lots and one outlot on 22.5 acres. The site is located north of Duck Lake Trail and west of Sunset Ridge Addition in the South 1/2 of Section 6. Outlot A, containing 2.33 acres and consisting of flood plain and adjacent wetland, is to be dedicated to the City. HISTORY: The preliminary plat was approved by the City Council on February 4, 1986, per Resolution 86-20. Zoning of 20.2 acres to RI-13.5 was finally read and approved by the City Council on April 1, 1986, per Ordinance 5-86. The Developer's Agreement referred to within this report was executed on April 1, 1986. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: Municipal utilities, streets and walkways will be installed in conformance with City Standards. Items 3 and 4 of the Developer's Agreement refer to specific requirements for the installation of utilities necessary to serve this site. PARK DEDICATION: Park dedication shall conform to City Code requirements. An executed Warranty Deed transferring ownership of Outlot A to the City must be provided to the Engineering Department prior to release of the final plat. Page 2, Final Plat Report for The Farm BONDING: Bonding shall conform to City Code requirements prior to release of the final plat. RECOMMENDATION: Recommend approval of the final plat of The Farm subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street sign fee in the amount of $430. 2. Receipt of street lighting fee in the amount of $4608. 3. Receipt of engineering fee in the amount of $1760. 4. Receipt of Warranty Oeed for Outlot A. 5. Satisfaction of items 3 and 4 of the Developer's Agreement. 6. Satisfaction of Bonding Requirements. DLO:sg cc: Mr. Mark Leisner, Countryside Investments, Inc. Mr. Peter Knaeble, Ron Krueger & Assoc., Inc. • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-72 A RESOLUTION APPROVING FINAL PLAT OF . AUTUMN WOODS 4TH ADDITION WHEREAS, the plat of Autumn Woods 4th 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 8Y THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for Autumn Woods 4th Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated April 8, 1986. 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 April 15, 1986. Gary D. Peterson, Mayor ATTEST SEAL • John D. Frane, Clerk 2y6 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 Z‘C DATE: April 8, 1986 SUBJECT: AUTUMN WOODS 4TH ADDITION PROPOSAL: The developer, Trumpy Homes, has requested City Council approval of the final plat of Autumn Woods 4th Addition • located southeasterly of and adjacent to Autumn Woods 2nd and 3rd Additions in the South 1/2 of Section 7. The proposed plat consists of 46 single family lots on approximately 21 acres. This plat is a replat of Outlot G and parts of Outlots I and J, Autumn Woods 1st Addition. HISTORY: The preliminary plat for the area encompassed by Blocks 1, 2 and 3 was approved by the City Council on April 3, 1984, per Resolution 84-68. The preliminary plat for Blocks 4 and 5 was approved by the City Council on May 7, 1985, per Resolution 85-1D1. Zoning to RI 9.5 for Lots 1 through 9, 81ock 1 and Lots 1 through 1D, Block 3 and zoning to RI 13.5 for Lots 10 through 15, Block 1, Block 2 and Lots 11 through 22, Block 3 was finally read and approved by the Council on May 1, 1984, per Drdinance 25-84. Zoning of Blocks 4 and 5 to RI 9.5 was finally read and approved by the Council on June 18, 1985, per Ordinance 14-85. Summary Resolution 85-139 and 84-83, adopted on June 18, 1985 and May 1, 1984 respectively, and the Developer's Agreement executed on August 6, 1985, apply to this subdivision. 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. 7' 7 Page 2, Final Plat Report for Autumn Woods 4th Addition UTILITIES AND STREETS: Municipal utilities, streets and walkways will be installed throughout the addition in conformance with City Standards. A slight shift in the alignment of Dell Road will be necessary to accomodate a horizontal curve necessary to have Dell Road intersect the railroad tracks at a 95 degree angle. This shall be revised prior to release of the plat. As per the Developer's Agreement for Autumn Woods 3rd Addition, an easement needs to be recorded against Lots 19 & 2D of this plat to allow for grading of the roadway. A Special Assessment Agreement covering the future construc- tion of Dell Road has been executed. PARK DEDICATION: Park dedication shall conform to City Code and Summary Resolution requi rements. BONDING: Bonding shall conform to City Code requirements. RECDMMENDATION: Recommend approval of the final plat of Autumn Woods 4th Addition subject to the requirements of this report, the Summary Resolution, Developer's Agreement and the following: 1. Receipt of street sign fee in the amount of $640. 2. Receipt of street lighting fee in the amount of $5748. 3. Receipt of engineering fee in the amount of $1840. 4. Satisfaction of bonding requirements. 5. Revision of Dell Road alignment. 6. Receipt of easement for grading of Dell Road. DLO:sg cc: Mr. Dennis Truempi, Trumpy Development, Inc. Mr. Peter Knaeble, Krueger & Assoc., Inc. SE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 86-75 RESOLUTION RECEIVING PETITION AND OROERING FEASIBILITY REPORT WHEREAS, a petition has been received and it is proposed to make the following improvements: I.C. 52-096, Utility and Street Improvements for Bluff Country PUD and assess the benefitted property for all or a portion of the cost of the improvements, pursuant to M.S.A. 429.011 to 429.111. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study with the assistance of Hansen, Thorp, Pellinen, Olson, Inc., and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvements. ADOPTED by the Eden Prairie City Council on April 15, 1986. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk -7L4 dd1a d 51$94tergegf Sautiee4 9 CIVIL ENGINEERS&LAND SURVEYORS 7726 MORGAN AVENUE SOUTH MINNEAPOL4S,MINNESOTA 55423 PHONE 660•2623 April 8, 1986 Gene Dietz • Director of Public Works City of Eden Prairie 8950 Eden Prairie Rd. Eden Prairie, MN 55344 re: Petition for utility installation in BLUFFS EAST 4TH ADDITION Dear Gene. I am enclosing with this letter the "CITY OF EDEN PRAIRIE, MINNESOTA, PETITION FOR LOCAL IMPROVEMENT". I am also enclosing a reduction of the Bluff Country PUD which shows the improvement area and also the benifitted area to be used for assessment purposes. We are requesting the City to begin the process necessary to construct the sanitary sewer, watermain, storm sewer and street improvements in the following streets: Franlo Road, from the lift station, southeasterly to the PUD, and then westerly and northerly to connect to where Franlo Road improvements currently end at Bluffs East Third Addition. All other streets shown in Bluffs East Fourth Addition. We anticipate buildable lots being available for marketing on or about September 1st, 1986 and would propose that the improvements be installed prior to that time. It is our desire that these improvements would be assessed according to how the lots are benefitted. The lots adjacent to the improvements would be assessed as a lateral benifit and all of the lots would be assesed as a trunk benefit. We would appreciate the opportunity to review the proposed assessments with you to develop an equitable rate for all the lots. We expect to receive approval of the PUD at the April 14, 1986 planning commission meeting and will proceed with our final plat process subsequently. We look forward to working with you on this project. If you have any questions, please contact as. • Yours Truly, Je frey D. Lindgren Engineering Assistant e(IL;-,--.1(.74Calvin H. Helund Project Engineer encl. JDL/rfc 757 CITY OF EDEN PRAIRIE, MINNESOTA PETITION FOR LOCAL IMPROVEMENT To The Eden Prairie City Council: The undersigned property owners herein petition the Eden Prairie City Council to consider making the following described improvements(s): (General Location) X Sanitary Sewer Franlo road from the south line X Watermain of Bluffs East Third Addition X Storm Sewer southerly, easterly and north- X street Paving easterly to Co. Rd. 1. and all Other streets as shown on preliminary plat for BLUFFS EAST FOURTH ADD. Street Address or Other Legal Description of Names of Petitioners Property to be Served (Must Be Property Owners) See Exhibit A Bluf s Co Wallace . stad, esident See Exhibit B Creek Knolls �K1ace H. t , G neral Partner See Exhibit C Robert T. B own (For City Use) Date Received APp,L R /9$4a Project No. �Z— 096 Council Consideration 74 ril (`1; l'6C. EXHIBIT A That part of the Southeast 1/4 of the Southwest 1/4 of Section 25, said Township 116, Range 22, lying south of BLUFFS EAST THIRD ADDITION. and that part of the Southwest 1/4 of the Southwest 1/4 of said Section 25, lying south of BLUFFS EAST THIRD ADDITION and lying easterly and southeasterly of the following described line; Commencing at the southeast corner of the North 22 rods of said Southwest 1/4 of the Southwest 1/4; thence westerly along the south line of said. North 22 rods a distance of 535.14 feet; thence southerly at right angles to said south line a distance of 380.00 feet to the point of beginning of line to be described; thence continuing along last described course a distance of 210.06 feet; thence deflecting to the right 46 degrees a distance of 515 feet more or less to the centerline of Purgatory Creek; thence southerly along said centerline to the south line of said Southwest 1/4 of the Southwest 1/4 and there terminating. and the North 236 feet of the East 450 feet of the Northeast • 1/4 of the Northeast 1/4 of said Section 36. • • EXHIBIT B That part of the Northeast 1/4 of the Northeast 1/4 of Section 36, Township 116, Range 22, Eden Prairie, Minnesota, lying south of the North 790 feet thereof. and that part of the Southeast 1/4 of the Northeast 1/4 of said Section 36, lying northerly of a line drawn from a point on the west line of said Southeast 1/4 of the Northeast 1/4 distant 332 feet north of the southwest corner thereof to a point on the east line of said Southeast 1/4 of the Northeast 1/4 distant 443.4 feet north of the southeast corner thereof. and the South 1/2 of the Northwest 1/4 of the Northeast 1/4 of said Section 36. and the Southwest 1/4 of the Northeast 1/4 of said Section 36. EXCEPT Lots 1 through 7, Block 1, said CREEK KNOLLS. Lots 5 through 7, Block 2, said CREEK KNOLLS. Lots 1 through 5, Block 3, said CREEK KNOLLS. and the Northeast 1/4 of the Northwest 1/4 of said Section 36. • • EXHIBIT C The Northwest 1/4 of the Northwest 1/4 of Section 36, Township 116, Range 22, lying easterly of the centerline of Purgatory Creek. • • d f - ._ _ - - voi 'OM Boa G —r. a i < C, �"�ø,/. , A . „,.--...._.. ... ,,,,T\ I 0,.°, 4,4(9 \ ' ..j..4" I le- -',I 3 ' • FF, n. --...nw: , o �:'� �f/ i h W ,,Orl At • "/' �� Y , W N < •// • 1. \ H çi' 4 1 J ilk Z 6 • i. . t- cam. . 3 • illlw OlyM,wOk 1 f C' w /1%1;r: )•r et;te t- r • e 1, . (it et.(1. /!..'.e."; et4eft e- e re,/ , • it.rjet C. 4 • ri:t•t-te -- C f`c- tt ' 5.""l•• tc-Le, e6 e,c „z-AL e,•(,_11 4‘. 1 er..z ,t•-•' 41r 4:- ic (t ty St, A:•el • t,"ler rt -,"•;-•!1. 7--; €:• . t: .1 • "id L Li rt` • .1 ,e • .4;1 41". ••-r. L" e're,41 :-t r'et • 11„ LC 4Z ,4"/„. 1,• t, .,1 — /4-4 e_, ••••••4•t e e e • I, •14`-. t C 6/ --- et t• 6-JL eI t • • L _ e e it"" f_ r Z. . t ,• •,4 C...^ V..1./.-,e tt/ tt - I',-.4/1--' C./ e j (' • (11 ' " . e, (3,2 ->- • •1, "4-1.)a/4-t- (.1- c J.) .e 41'4 „st;Iti e r fi etttie2 e t tido; t e Cest-,t ) ei Zen , e 44e- 4. (.4-1 12-ezlei.- et L ‘-'41 1.17 ("J.(; 11.15:c, ,;, (1, r!„-__ .14-) ,-/ . e'lLte-,71 ' 1.1 , eq. ia e ) ---/ - let -)?: .., » (c.,( L -Lect_ et e 4/c. to 44 ac _ .," ;4 - ler 3‘..) 6 ((. f. I ,e1.‘4 • _ t I -e' • 4,z c. c", rt, .. 11. • a-L.1, -- ket - - `71-j; Ce.a( :tie? • K'kt / e. 4 /7, / ,..,A. ..- i.e. c" e ,-, "/ . - -)2• 4--r - .• .4/•( 6 )14,/ _ 4, ,"( ‘-1-)` . . . . . . . ite. L.e 4.4-,-,•;.•• ••,--• • , 76'S-61 Ci e(../zy • . . -:•-• CITY DF EDEN PRAIRIE HENNEPIN COUNTY, MINNESDTA RESDLUTIDN ND. 86-48 A RESDLUTIDN APPROVING THE AMENDMENT OF THE CRESCENT RIDGE PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT AS THE DONNAY'S ROUND LAKE ESTATES PLANNED UNIT DEVELOPMENT WHEREAS, the City of Eden Prairie has by virtue of City Code provided for • the Planned. Unit Development (PUD) of certain areas located within the City; and, WHEREAS, the Donnay's Round Lake Estates Planned Unit Development is considered a proper amendment to the Crescent Ridge Planned Unit Development Concept; and, WHEREAS, the City Planning Commission did conduct a public hearing on the request of LAD Properties for PUD Concept Amendment approval to the Crescent Ridge Planned Unit Development Concept for Donnay's Round Lake Estates and recommended approval of the PUD Concept Amendment to the City Council; and, WHEREAS, the City Council did consider the request on March 25, 1986; NOW, THEREFDRE, BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The Donnay's Round Lake Estates PUD Concept Amendment, being in Hennepin County, Minnesota, and legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept Amendment approval to the Crescent Ridge Westover Planned Unit Development Concept as outlined in the application materials for Donnay's Round Lake Estates, dated March 25, 1986. 3. That the PUD Concept Amendment meets the recommendations of the Planning Commission dated February 24, 1986. ADDPTED by the City Council of Eden Prairie this 25th day of March, 1986. Gary D. Peterson, Mayor ATTEST: j John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #86-49 RESOLUTION APPROVING THE PRELIMINARY PLAT OF DONNAY'S ROUND LAKE ESTATES FOR LAD PROPERTIES, INC. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Donnay's Round Lake Estates for LAD Properties, Inc., dated January 7, 1986, consisting of 34.92 acres into 69 lots and one outlot, a copy of which is on file at the City Hall, is found to be in conformance with the • provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. • ADOPTED by the Eden Prairie City Council on the 25th day of March, 1986. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk • • :i J� ( ( STAFF REPORT TO: Planning Commission FROM: Donald R. I1ram, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: February 21, 1986 PROJECT: Donnay's Round Lake Estates LOCATION: North of Highway #5, south of Lorence Way, west of Atherton Way APPLICANT/ FEE OWNER: LAD Properties REQUEST: 1. Planned Unit Development Concept Amendment on 34.92 acres. 2. Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential on 14.71 acres. 3. Planned Unit Development District Review on 34.92 acres. 4. Zoning District Change from Rural to R1-13.5 on 9.58 acres and from Rural to RM-6.5 with variances on 14.71 acres. 5. Preliminary Plat of 34.92 acres into 69 lots and one outlot. Background LVit 111041 The Donnay's Round Lake Estates -k :,, s 83 `� 8 project, previously reviewed by the - am*RM-6.5 f u0`• a Planning Commission at the January y �!� PROPOSED SITE - 27, 19II6, meeting, was continued for i ,•.• � *!�! ,• � one month in order to allow the 1 h'� % -. N. ,, r1 NEW proponent time for plan revisions. _ � ���. These revisions centered primarily ` '. . 4 r '\4 • _ around the density of the project, 7 G94 ►114 Ar *. `"`"`" 1'�', the elimination of trees, the R i � 1 '�.���:«ml . • transition of the multi-familyuses ! ..AS 1�� r • to the north, the architecture of �I.4I�9��I•��! 1Jv the proposed units, and the :Mgt \141��~�Zill possibility of traffic conflicts at ; 1,45 "Al critical intersections within the 1-GEN surrounding neighborhoods. Also, i °;, the question of whether or not a 1 j�1 ,,` Comprehensive Guide Plan Change ( bryy would be required or should a 1.____, t density transfer be allowed, and to , 8-11 what extent was considered. 145 '--22�- -- RI-22�� I AREA LOCATION MAP - r I o Jot_.,., iiIR-7 P1.22 ' I '\1;3I-99 1 6Ja' l C Donnay's Round Lake Estates 2 February 21, 1986 Comprehensive Guide Plan Change/Density Transfer The gross density of the proposed project is dependent upon a density transfer from the 10-acre wetland area to the south or a Comprehensive Guide Plan Change from Low Density to Medium Density Residential. The density of the project, as it is currently proposed including the wetland area, is 2.43 units per acre based upon a total acreage of 34.92 acres. Without a density transfer, the net density of the project would be 3.50 units per acre based on a total of 24.29 acres. This figure includes a combined density of 2.19 units per acre for single family and 4.35 units per acre for multi-family. Should a complete density transfer be allowed, the overall density of the project would be 2.43 units per acre which is within the limits of the Low Density Comprehensive Guide Plan designation. If not, a Comprehensive Guide Plan Change would be required within the multi-family portion of this site. For approximate comparison purposes, the previously approved Crescent Ridge Planned Unit Development Concept Plan depicted 76 total units within the same general area for a net density of 3.13 units per acre. (See Attachment A) In the previously approved plan, the concept of density transfer was acceptable but to a lesser degree than the current plan is proposing. A difference of nine total units, or 0.37 units per acre, exists between the approved PUD Concept Plan and the proposed plan. Revised Site Plan Revisions to the plan have been made in response to Commission and Staff's concerns regarding the multi-family portion of this development project. These revisions include a reduction of four multi-family units and a relocation of specific unit types to help maintain natural site characteristics and to aid in the transition between differing land uses. The previous plan depicted a total of 68 multi-family units at a net density of 4.62 units per acre. The proposed plan indicates a reduction of four units resulting in a total unit count of 64 at a net density of 4.35 units per acre. Unit count and building type for both the original and revised site plan is as follows: Original Revised Building Type Plan Plan 2-unit 6(12 units) 8(16 units) 4-unit 5(24 units) 4(16 units) 8-unit 4(32 units) 4(32 units) Total 16(68 units) 16(64 units) Overall, a density of 2.5 units per acre is achieved with the inclusion of a 10-acre wetland area to the south or 3.54 units per acre when it is not. In terms of unit-type relocation, the major changes have been the elimination of'the eight-unit building along the north property line and a reduction in building count from six to four in the most easterly multi-family complex. These changes have allowed for the introduction of an additional ponding area between the single-family and multi-family land uses, aiding transition and allowing for additional open kOJ� Donnay's Round Lake Estates 3 February 21, 1986 space along the north property line. In addition, with the reduction in building numbers and through the use of walk-outs, a reduction in grading has been achieved which allows for the retention of additional trees. Because the trees are such an integral part of this site, the retention of the wooded area is important in maintaining the integrity of the site. The proposed plan does have merit in that the clustered unit design helps to maintain the existing site character but, overall, would benefit from a reduction in density. These benefits include a reduction in overall grading thus saving additional tree mass and allowing for additional open space aiding transition between land uses. grading Due to the reduction in building count, grading has been reduced to the construction of building pads, the construction of an additional holding pond, and the introduction of berming in the multi-family area to help screen buildings and parking areas. The proposed berming could be described as minimal and should be increased in size to provide additional screening. Cut and fill of up to 10 feet is still proposed; however, the extent of grading along the south property line has peen reduced which allows for the retention of a significant slope and tree mass. Another area in which grading has been limited is around the tot lot which also helps to maintain the existing site character. Architecture The applicant has submitted a variety of new architectural elevations which are keyed to specific locations on the site plan. As the plans indicate, there are three specific unit types for the two and four-unit buildings, each of which have two different building elevations or six different building elevations overall. There are also two different building elevations for the eight-unit building. This architectural plan uses a variety of building types, sizes, locations, and design which is unique to this site. A gradual transition is made from the single-family homes to the east and north with an internal transition occuring as well. Landscaping/Tree Loss In comparison to the original plan where approximately 0.62 acres of tree mass was preserved, the revised plan indicates a total of 2.34+ acres of tree mass preserved or a difference of 1.72+ acres. The revised plan is comparable to the amount of trees saved based upon the approved Crescent Ridge Planned Unit Development for the same general area with more units (85 vs. 76). Large caliper inch tree loss due to grading has been calculated at 759 caliper inches which have been scheduled for tree replacement. In addition, the landscape ordinance requires a total of 363 caliper inches based on a total of building square footage of 116,090. Total landscaping for the project would he 1,122 caliper inches. Total acres of trees replaced or preserved is approximately 3.8 acres or 59% of the total wooded area on site which is 6.42+ acres. This compares favorably to development of this site as single family which, if developed at 2.5 units per acre, would virtually eliminate the existing tree masses, due to more road construction and grading. , Utilities Utility service remains as previously proposed with the exception of an additional t ( Donnay's Round Lake Estates 4 February 21, 1986 ponding area. The ponding area is located within the center portion of the site and has a surface area of approximately 16,000 square feet. It is designed to be six feet deep and is connected to the proposed storm sewer system to the south. Additional catch basins have been located adjacent to the tot lot and in Evener Way and are designed to flow towards the new ponding area. Traffic With a change in unit count from 89 to 85, a minor reduction in trip generation should occur. Currently, the total number of trips generated by this development would be 722 trips per day as compared to 754 trips per day based on the previous plan. Current peak hour trip generation is 72 trips, a reduction of three trips from the previous plan. For comparison purposes, Staff calculated trip generation rates for a development which is consistent with the approved PUD Concept Plan. Based on a total of 76 units (26 single family, 50 multiple family), a total of 660 trips or 66 trips in the peak hour would occur. The result being a reduction of approximately 62 trips per day. In the previous Staff Report, Staff recommended that the applicant conduct a traffic study for this area to determine the affect this project may have on the critical intersections. This has not been done at this time. Staff expects the proponent will be able to address this issue at the Planning Commission meeting. Conclusions In the previous Staff Report, a number of concerns including density, transition, architecture, tree removal, and traffic, were discussed. The proponent was directed to address these issues and has since done, with the exception of a traffic analysis. In summary, the changes to the plan are: 1. A reduction in unit count from 89 to 85 resulting in a net density (including density transfer) of 2.5 units per acre or 3.50 units per acre without a density transfer. 2. A relocation of unit types keyed to specific sites to take advantage of existing site characteristics and to provide transition from the existing single family neighborhoods. 3. Additional architectural elevations have been submitted which increase the variety of units on-site, but also are similar enough to allow for consistency between units which is important to the overall architectural scheme. 4. An increase in the amount of tree mass preserved from 0.62 acres on the original plan to 2.84+ acres on the proposed plan. This is comparable to the amount of tree mass preserved on the approved Crescent Ridge PUD Concept Plan, but is still only 36.4% of the total wooded area on-site which is 6.42+ acres. With the scheduled 759 caliper inches of tree replacement, this percentage is increased to approximately 59%. 5. The proponent is expected to be able to respond to traffic issues. Donnay's Round Lake Estates 5 February 21, 1986 STAFF RECOMMENDATIONS If the Planning Commission feels that the changes made to the plan are acceptable, then Staff would recommend approval of the Donnay's Round Lake Estates project subject to the following conditions: 1. Prior to Council review, proponent shall: A. Submit a revised landscape plan detailing the proposed tree replacement and Ordinance requirement. B. Submit a revised grading plan depicting additional berming along Lorence Way and Evener Way. C. Provide documentation regarding the effect of additional traffic on critical intersections. D. Submit retaining wall details. 2. Prior to Final Plat, proponent shall: A. Submit detailed storm water run-off, erosion control,and utility plans for review by the City Engineer. B. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. 3. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Provide plans for review by the Fire Marshal. C. Provide signage and light details, if any. 4. Prior to grading permit issuance, proponent shall: A. Notify the City and the Watershed District at least 48 hours in advance of grading. B. Stake the construction limits with erosion control fencing. C. Stake the grading limits with a snow fence. Any trees lost outside of the proposed grading limits shall be replaced on a cross- sectional trunk, area inch for area inch basis. 5. Concurrent with building construction, proponent shall construct the eight- foot bituminous trail along the south property line. On the other hand, if the Commission feels that the changes made do not substantiate a Comprehensive Guide Plan Change or a complete density transfer, then a reduction in density comparable to the approved Crescent Ridge PUD Concept Plan may be in order. Among other things, this would allow for more of the existing tree mass to be saved, reduced overall site grading, reduced traffic, and better transition. i , ii 4 ,a -----,— , r.:, 1.,''''k, v 8V.''' ` �` �.N\v cl \` N 1 3 - n — M; {N fV ""o- __u 1� • mi in / la X-\_),, roitu J ILI Y a4 • � 1- aUJ •� -ii ,•cj �, • �. w Z U '.^ \\ a y U _1 \ 6.-, , : , : Li % , •i % 0 ' ?--- ,\,.]." :17, -A, ., '. \ \--..\\-..,.-- ..‹- ,<,, ,, ,., L , . \ - ; . IF , ILI CC ram ; �' ,-, 4 ^r` • •. .-. UJ t B a U ( ( STAFF REPORT TO: Planning Commission FROM: Donald R. Uram, Assistant Planner TTRTUGH: Chris Enger, Director of Planning DATE: January 24, 1986 PROJECT: Donnay's Round Lake Estates LOCATION: North of Highway #5, south of Lorence Way, and west of Atherton Way APPLICANT/ FEE OWNER: LAD Properties REQUEST: 1. Planned Unit Development Concept Amendment on 34.92 acres. 2. Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential on 14.71 acres. 3. Planned Unit Development District Review on 34.92 acres. 4. Zoning District Change from Rural to R1-13.5 on 9.58 acres and from Rural to RM-6.5 with variances on 14.71 acres. 5. Preliminary Plat of 34.92 acres into 69 lots and one outlot. I Background ��� � i �b� �� 1� This site is currently designated on v _ a ""-"' the Eden Prairie Comprehensive Guide � �Y e�-802: Plan for development as Low Density , Residential and Public Open Space. )\. 1 .,El_ ,LL ^r83 t,`B Surrounding properties to the north, ,-' '7741:va e°a�"f�M-6.5 x •V)' south, east, and west, are also FRS`~' n2A guided for Low Density Residential i PROPOSED SITE development. Adjacent land uses i T.� > ,, i:, ' 4 , include the Round Lake Estates �" �{'� c "single-family development to the . east, the Apple Groves cluster home 79-84 ►t0 `irl'• `"`j' i development to thspace 1Rt_g ♦ (wetland area) to the south, and �j,�lij�• open space to the west. 1,-'`'" ' It �1�4 f A ' 41./.4*-4iiii omi The proposed project is located 1.45 �0ii. it within the Crescent Ridge Planned A1�• Unit Development approved on I GEN -I r�"•„H December 20, 1983. Based on the tii�j y r... ' Mitl*• approved POD Concept, a total of 26 fr aili re-I, i 145 \ , -22�` - RI-22 E AREA LOCATION MiAP - ( I Donnay's Round Lake Estates 2 January 24, 1986 single-family homes and 44 multi-family units were proposed for essentially the same site. The current proposal is for 89 units which is an increase of 19 total units on this site. Existing Conditions As depicted on the Existing Conditions map, the site slopes primarily in two directions; towards the south from highpoints of 928.2 in the northeast corner, from 920.7 in the southeast corner, and towards the center portion of the site from these same highpoints and from highpoints along the north and eastern property lines. Those areas within the center portion of the site with elevations of 900.2 and 899.0, are pending areas with a single outlet from the larger one flowing to the southwest. The Ordinary High Water elevation is located along the northern property line of Parcel C and is at the 871.4 contour elevation. A large portion of the slopes on-site are within the 10%-20% group. Because of this, provisions of sloped ground development apply and will be reviewed concurrent with the Planned Unit Development (PUD) District Review. There are two significant stands of trees existing throughout the center portion of this site. The northern stand of trees, consisting primarily of 6-inch to 10-inch ironwoods also has a number of large caliper-inch ash, oak, and elm trees. Based on the existing tree inventory, the number of caliper inches of desirable trees (ash, oak, ironwood) lost due to building construction or grading, would be approximately 69 caliper inches. To the south and west of the pond, the amount of significant vegetation increases dramatically as does the grading of the site. In this area, where the grading is substantial, the number of caliper inches of desirable trees (ash, oak) lost at a minimum, is approximately 563 caliper inches. Overall, a total of 632 caliper inches of trees are proposed for removal. In addition, an undetermined amount of smaller trees not designated on the tree inventory will also be removed. Since a major site characteristic/amenity is being altered, in addition to revising the grading plan to minimize tree loss, trees being removed should be replaced. (See Attachment A) Comprehensive Guide Plan Change/Density Transfer Proposed densities for this project are 2.19 units per acre for single-family and 4.62 units per acre for multi-family based upon site sizes of 9.58 acres and 14.71 acres respectively. The total size of the entire project is 34.92 acres of which 10.63 acres is marshland. Overall densities can be calculated at 3.66 units per acre using a site size of 24.29 acres or at 2.55 units per acre when the additional 10.63 acres of marshland is taken into consideration. Due to the Comprehensive Guide Plan designation for Low Density Residential development for this site, a total of 2.5 units per acre is allowed. This figure is consistent with the single-family portion of the site; however, it is not consistent with the overall development of the site. Because of this, the question of whether or not a Comprehensive Guide Plan Change would be required or would the concept of density transfer be valid in this particular case. In a previous Staff Report to the Crescent Ridge project, dated August 26, 1983, it was stated that because the wetland areas were designated as Protected Waters, which are precluded from development by State Statute, density transfer from these areas may or may not be valid. Primarily, it is dependant upon whether or not additional density in the area would be beneficial and whether the balance of the property could accommodate the additional density. c'�U Donnay's Round Lake Estates 3 January 24, 1986 Regardless, because the overall density of the project is in excess of 2.5 units per acre, a reduction in units from 89 to 87 would be required should a complete density transfer be allowed. Otherwise, a Comprehensive Guide Plan Change would be required within the multi-family area which would allow up to ten units per acre. In reviewing the plans, Staff questions the validity, or desirability, of a complete density transfer. This is based upon a currently approved concept plan which has 19 less units in essentially the same location, the lack of transition from the currently proposed 8-unit condominiums, the relative "tightness" of the other units, and the extent of grading on the site eliminating a number of larger caliper-inch trees within the two significant tree masses. Site Plan This project consists of a total of 34.92 acres, of which 9.58 acres are proposed for single family development and 14.71 acres as multi-family development. In addition, there is a 10.63-acre tract of land on which no development is proposed dud to the fact that it is within the Ordinary High Water elevation. Because the project is a mixed use residential development, the uses will be reviewed separately and then the overall concept. In the single family area, a total of 21 units are being proposed at a gross density of 2.19 units per acre. This density is consistent with the Comprehensive Guide Plan designation of Low Density Residential (2.5 units/acre) for this site. The requested zoning for this tract of land is R1-13.5 and all lots meet the requirements of this particular district. Average lot size is approximately 16,057 square feet. Adjacent properties to the east and north are currently zoned R1-13.5 and R1-9.5 respectively. Because of the consistency in zoning and land use pattern, the single-family portion of this site appears to "blend in" with the surrounding neighborhoods. The multi-family site, consisting of 14.71 acres, is proposed for development with 68 units at a gross density of 4.62 units per acre. The applicant is requesting both a Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential which would allow up to ten units per acre and a Zoning District Change to RM-6.5. Minimum lot sizes within the RM-6.5 zoning district is a 9D-foot width and a 100-foot depth. Site area per dwelling unit is 6,500 square feet. Because the lot sizes do not meet the requirements of the RM-6.5 zoning, variances will be reviewed under the context of the Planned Unit Development District Review. A combination of six, 2-unit buildings, six, 4-unit buildings, and four, 8-unit buildings are proposed for this site. The 2-unit and 4-unit buildings are located adjacent to the single-family homes to the north and east, while the 8-unit buildings are located along the north and west property lines. Transition to the single-family homes to the north and east is generally being achieved with distances of up to 135 feet occuring between uses. However, there are a number of areas in which the transition between land uses and buildings is not being achieved due to the number of units and building size. For instance, two of the 8-unit buildings are located along the north property line adjacent to the Apple Groves Addition which is currently zoned R1-9.5 and planned for development as single-family cluster homes. These buildings measure 148 feet in length and 28 feet in height, and are located as close as 20 feet to th rear Donnay's Round Lake Estates 4 January 24, 1986 property line. Because of this, views from the adjacent residential neighborhood would be of a large building mass. Staff does not feel that the transition is adequate and recommends such alternatives as: increasing the building setbacks, substituting unit types, etc. 8uilding locations elsewhere on site come within 20 feet of each other which also increases the tightness of the project. Again, recommendations such as those previously made would also apply to the area south of Evener Way. Overall, due to the amount of grading required and subsequent tree loss, the lack of transition to the single-family area to the north, and the relative closeness of the units, the overall density of the site may be too great. Desirable changes to the plan may be made by decreasing the number of units which would allow for greater transition between uses, it would decrease the amount of grading on-site, thus saving additional trees and would allow more open space between units. Staff recommends that the proponent explore design alternatives with these objectives in mind. Grading Grading on this project site could be divided into distinct areas, those being the single-family area and the multi-family area. To begin, the area designated for single family development includes primarily the general leveling of the area for building pads in addition to the construction of a hoiding pond for storm water drainage. Cuts of up to 11 along the ridge line in the southeast corner and fill of up to 7 feet is proposed to allow for the construction of building pads along the southern property line. The entire wetland area within the single-family development is being filled to the 904 elevation which is approximately 5 feet of fill. A swaie is proposed between the two ponding areas to allow for drainage to the south. The holding pond, which is adjacent to the western property line and Round Lake Estates, contains approximately 25,000 square feet of surface area and is 9 feet deep. The pond is designed to hold storm water collected within the storm sewer system along Evener Way and Kilmer Avenue. Grading within the multi-family area is more extensive due to the larger building pads and parking lot areas and because of the slopes, which, in many cases, exceeds 20%. Cuts of up to 8 feet are proposed along the north and west property line in conjunction with the 8-unit building pads while fill of up to 10 feet is proposed in the extreme northwest corner. Ail of the multi-family units located to the south of Evener Way, with the exception of one, 8-unit building, have been designed as walk- outs to take advantage of the slopes. A number of single-family homes have also been designed this way to help reduce the grading within the eastern portion of this site. In summary, overall site grading is rather extensive with very little dirt remaining undisturbed. That area with no grading is located along the south property line where the 8-foot bituminous trail is located. Finally, because of the extent of grading proposed for this site, tree loss, as was previously mentioned, is a major concern requiring special attention. Architecture Prior to review of the architectural elevations, Staff, per the applicant's recommendation, visited a similar development in Minnetonka to view the �`!01 I • Donnay's Round Lake Estates 5 January 24, 1986 architecture of the units proposed for this development. In observing this development, Staff viewed a number of attractive individual units but had an overall feeling that the units were generally too similar in design, and placed too closely together in relation to the size of the particular unit. In review, Staff's observations and the proposed building elevations were taken into consideration and recommendations suggesting alternatives were based upon these. Within the multi-family development, the applicant is proposing to construct a combination of six, 2-unit buildings, six, 4-unit buildings, and four, 8-unit buildings. For Staff review, the applicant has submitted elevations for each of the unit types. For the 2-unit buildings, 3 elevations have been submitted, of which 2 are very similar. These units are very basic in design with the garage doors facing the street and side entrys. Each unit type utilizes a 4 on 12 pitched roof with optional fireplaces. Of the two unit types, the "B" unit is more residential in character. The other unit type "D" is also an attractive unit which is designed with 90-degree double garages. This design is preferred because the garage faces are perpendicular to one another, so only one garage face is visible at a time, thus breaking up the views. Because six, 2-unit buildings are proposed, Staff would recommend that in addition to unit types "B" and "D", the applicant should submit additional elevations for review and approval. These general comments also apply to the 4-unit building. One building elevation was submitted for review which again is a very basic design. Garage fronts facing the street, side entrys, and masonite siding, appear to be the norm. Due to the fact that 6 buildings of this type are proposed, Staff would again recommend that the applicant submit additional elevations to provide variety among the unit types. Finally, four buildings are proposed as 8-unit condominiums. All buildings are identical in design and very similar to the design style of the 2-unit and 4-unit buildings. Linear in style, these buildings measure 148 feet in length and are approximately 28 feet in height. Staff feels that this design helps to create a feeling of massiveness on this site and from views from the single-family area to the north. Possible design alternatives would be to use two different elevations, increasing the distance between buildings, using different building materials such as brick, or off-setting the units. Staff recommends that the applicant explore alternative design solutions for each of the unit types. The intent being a reduction in the massiveness of the 8-unit types, the introduction of a variety, yet compatible unit styles, and an increase in the "attractiveness" of the units. Landscaping Rased on 122,940 square feet of building area for the multi-family area, a total of 384 caliper inches are required. The applicant is providing 735 caliper inches, all of which are the minimum size allowed by Code. Because the units are two stories in height, 40% of the landscaping material must be in a range (10% of each size) between 3.0 caliper inches and 4.5 caliper inches. The landscape plan must• be revised to reflect the various tree sizes. In addition, Staff would also recommend that the size of the evergreen trees be increased to 8 feet in height minimum. Traffic/Access Using standard trip generation rates of ten trips per day per single-family household, and eight trips per day per multi-family household, the total number of G40 • Donnay's Round Lake Estates 6 January 24, 1986 trips generated by this development would be approximately 754. Ten percent, or 75 trips, would be generated in the peak hour. For comparison purposes, Staff calculated trip generation rates for a development which is consistent with the Comprehensive Guide Plan. Based on a density of 2.5 acres and a developable tract of land containing 24.3 acres, a total of 61 dwelling units could be built. Using the standard trip generation rate of 10 trips per unit per day, a total of 610 trips per day or 61 trips (10%) in the peak hour would occur. Development at densities consistent with the Guide Plan (2.5 units/acre) would result in approximately 144 trips per day less than what is currently being proposed. Two primary and one secondary access points have been identified for this site and are shown on Attachment B. The applicant should conduct a traffic study for this area to determine the affect this project may have on the critical intersections. Utilities Water and sanitary sewer service is available to this site. Water service will be provided by connecting to an 8-inch water line within Evener Way and looping the system with a connection to the 6-inch waterline within Lorence Way. Water service will be provided by extending an 8-inch water line along Kilmer Avenue and Evener Way. Sanitary sewer service will be provided by gravity flow to the east through an 8-inch line connecting to the existing 8-inch line located within Evener Way. Storm sewer service is primarily designed to flow in a southerly direction towards the lowland area through a combination of holding ponds and a catch basin system located within Evener Way and Kilmer Avenue. In addition, there is a series of swales located adjacent to the multi-family area also designed to drain in a southerly direction. Pedestrian Systems There is a proposed 5-foot sidewalk along the western edge of Kilmer Avenue with connections along Evener Way and Lorence Way to the north. In addition, the applicant is proposing an 8-foot bituminous trail along the sothern edge of the property which is part of the Comprehensive Trail Plan. Conclusions/Staff Recommendations Staff has identified a number of concerns regarding this project including the density of the project, the elimination of trees, the transition of the multi-family uses to the single-family uses to the north, the architecture of the proposed units and the possibility of traffic conflicts at critical intersections within the surrounding neighborhoods. Also, the question of whether or not a Comprehensive Guide Plan Change is required or should a density transfer be allowed, and to what extent. in general, Staff views the project as having merit, but feels that a recommendation should not be made until these items have been resolved. The applicant has been made aware of Staff's concerns and is working to resolve these problems. Staff would recommend that the request by LAD Properties, Inc. for Planned Unit Development Concept Amendment, Comprehensive Guide Plan Amendment, Planned Unit Development District Review, Zoning District Change, and Preliminary Plat he continued for one month in order to allow the proponent adequate time for revision and Staff time for review and recommendation. fg' rye 1 ,� 'gr'ir• r _b, 1 Sr ,g, f I :' : '' CIA , m vjr,i s e z :; rA S µ d i + t \ ":2 ti r - ' % ll , y��r �y v :. , r1 }Y r �� Jyti — - } � -,* . e '- 'C W - 1, o ,t ) ,� ,.. . stp a # Tay• a sri l+. m '` •to Y r�. 14'-'� I� '`��'� r 4' �i, fir - a"4�.'� .#r t?' �1� fie•. ;y m P ik �'.. r� .• etc , r�'S. "Y. -, 4.w.15 fr 's k 7 7 +"� s. a s t , ,7 ..fir v' q 4. a'/ 1. '1t. a eJ t'i n rx y ? :n r sni'- . 1 sw 4 � 44s, a• . ;ly �t1, ti as - 1;+rrk 4fd i4^.R•. � g'r YF '.4,- �„ ar .r:�,0S R .^w .'; ' 7 �' s is i•' Yz H' P' # t.;s, xa-. * .. . n;ae a.Yy. r.s.0 i1 .,•4 ;i' .: .. 1,Is '".-Y y ss •'f sir, 1r;r �r st g .'a'W�yrk1' a +yS Yi ` -fl- '' w ✓ m . LT_ ' R =~ I%,/I ' _ :fit.i. }' . `► 'It . 1 w 1r tii l ���� * R�-.�"=9�f� Chi. y.. ;I RI'13. 139-:4 I i .1 �. -i--i ` -_.--1--I 18 al 4 no 7.aliarit imm ( 1ii , I • / 147 III �ti :::111.111:0 �, eti" ASi -r, gyp? 4' PUB i II .s.'\a a / WM i a ■� L '_ . -\ st �.DPP.S,' h S ;�/p I /F1I 1y �d t11I♦ T ifABne4 Ni�,i..fiefillIP .0 - s lir• 'j,7, t;;i' • 8:. * • - s �:.•.!�Q�a.' PUB IN ( i �R`w ��� ,..,., ,„,, , r ' '": ---A 5 ,' --,',:l ,---, 2,1 wiy 1,- . . 2c 1-95 . + " r•1!- zo2: 4 P e �56 irJ 9_,,152 3- 6 a,„RM-6.5 ! �s �;',`UB _ I �I ; y 1 f•,, - RI-13.5 lentil. r v� r �•� 79-84 . ' 5w6LUM5 ' � .n` �� �R19. ;,' 4..F fA.__.4.},!1_,>.P C "A•li' 5 ACCESS POINT' �`_, . �` :. s 8 .,t1-84 t __ 9-13 P RI-9.5 i 145 �RI22 GE e s jj -- --- — .1 79.41 45 `-'.-.:1-22 \�/l :fr PUB 1 arn RI-122 1 15 I 13x-2L 118 2 RI-22 r45r ,zi_ 3 5 78-C 1 ------ [ 11 873 �T N � T A E (y4'1 t At£ p r- Planning Commission Minutes 5 February 24, 1986 B. DONNAY'S ROUND LAKE ESTATES, by LAD Properties, Inc. Request for Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential on 14.71 acres, Planned Unit Development Concept Amendment and Planned Unit Development District Review on 34.92 acres, Zoning District Change from Rural to R1-13.5 on 9.58 acres and from Rural to RM-6.5, with variances, on 14.71 acres and Preliminary Plat of 34.92 acres into 69 lots and one outlot. Location: North of Highway #5, south of Lorence Way and west of Atherton Way. A continued public hearing. Mr. Mike Gair, Gair and Associates, representing proponent, presented slides of the property proposed for development, as well as slides of other projects completed by the developer, which would be similar in architectural style to that proposed for this site. Mr. Gair noted that more of the vegetation would be preserved with the revised plans. He added that the net density of the development would be less than that of the cluster homes development to the north of the site. iJ 4 Planning Commission Minutes 6 February 24, 1986 Planner Uram revised the findings and recommendations of the Staff Report evaluating the revised plan, dated February 21, 1986. He noted that the amount of tree preservation was now much closer to that previously approved by the Crescent Ridge proposal on this site. Planner Uram stated that the overall density was less than 2.5 units per acre for the development. Gartner asked about the designated land use for property west of this site. Planner Uram stated that the land was guided for Low Density Residential and Open Space. Chairman Schuck asked what types of trees were being preserved by the developer. Mr. Gair responded that there would be some oaks, elms, and ironwood trees. Hallett stated that he was concerned about the proposed density transfer for this proposal. He stated that the proposed Comprehensive Guide Plan change seemed to invite the use of multiple family residential land use to the west, even though the land was guided for Low Density Residential use. He added that he preferred the revised plan for its preservation of trees. �. Planner Enger explained the manner in which the concept of density transfer had been used in the City of Eden Prairie. He noted that the Crescent Ridge development, previously approved for this property, covered four times as much area as this proposal did in terms of building square footage. He stated that the question would be whether the development of the property was better as proposed, due to the ability of the developer to preserve more natural features using density transfer than it would be if the density were spread across the entire site. Mr. Lynn Seppman, 17433 Evener Way, expressed concern about traffic impact on Evener Way because of this proposed development. He noted that children walk he felt streets at take the to go to easierr bus routestofs. He Evenerstated that Way, rather than Lorence Way, to exist this neighborhood. Planner Enger noted that the construction of Dell Road was required when development would take place after this phase of the property for the Crescent Ridge development. He pointed out that the construction of Deli Road through this area would do alot to alleviate traffic through the neighborhoods. Mr. Gair stated that there would be a difference of 64 trips per day between this development and the previously approved Crescent Ridge development for this property. Mr. Len Olson, engineer for proponent, explained the storm water drainage plans for the development. He noted the location of various outlets and ponds for the development, as well. Mr. Chris Geason, 7470 Atherton Way, expressed concern about traffic in this area, stating that he felt it was already a difficult situation in this neighborhood. Bye asked about sidewalks in the development. Mr. Gair pointed out the locations of the sidewalks and the connections to various sidewalk and trail systems in the area. Hallett asked about erosion control fencing around the trees proposed for z��� Planning Commission Minutes 7 February 24, 1986 preservation. Planner Enger responded that this would be handled in the developer's agreement for the property. Gartner stated that she did not feel that it was appropriate to transfer density from the "swampy" area in the center-south portion of the property. Gartner added that she felt stop signs may be necessary at Atherton Way and at other intersections within the development to control traffic and safety. MOTION 1: Motion was made by Gartner, seconded by Bye, to close the public hearing. Motion carried--6-0-0 MOTION 2: Motion was made by Gartner, seconded by Bye, to recommend to the City Council approval of the request of LAD Properties, Inc., for Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential on 14.71 acres, based on revised plans dated February 18, and February 19, 1986, subject to the recommendations of the Staff Reports dated January 24, and February 21, 1986. Motion carried--6-O-0 MOTION 3: Motion was made by Gartner, seconded by Bye, to recommend to the City Council approval of the request of LAD Properties, Int., for Planned Unit Development Concept Amendment for 34.92 acres, based on revised plans dated February 18, and February 19, 1986, subject to the recommendations of the Staff Reports dated January 24, and February 21, 1986. Motion carried--4-2-0 (Dodge and Hallett against) Dodge and Hallett stated they were against in that they supported the concept of a Comprehensive Guide Plan amendment, but not a density transfer for the property. MOTION 4: Motion was made by Gartner, seconded by Bye, to recommend to the City Council approval of the request of LAD Properties, Inc. for Planned Unit Development District Review on 34.92 acres, and Zoning District Change from Rural to R1-13.5 on 9.58 acres and from Rural to RM-6.5, with variances, on 14.71 acres, based on revised plans dated February 18, and February 19, 1986, subject to the recommendations of the Staff Reports dated January 24, and February 21, 1986. Motion carried--4-2-0 (Dodge and Hallett against) MOTION 5: Motion was made by Gartner, seconded by Bye, to recommend to the City Planning Commission Minutes 8 February 24, 1986 Council approval of the request of LAD Properties, Inc., for Preliminary Plat of 43.53 acres into 51 single family lots and two outlots, based on revised plans dated February 18, and February 19, 1986, subject to the recommendations of the Staff Reports dated January 24, and February 21, 1985. Motion carried--4-2-0 (Dodge and Hallett against) Planning Commission Minutes 3 January 27, 1986 • 1 B. DONNAY'S ROUND LAKE ESTATES, by LAD Properties, Inc. Request for Planned Unit Development Concept Amendment from Low Density Residential to Medium Density Residential on 14.71 acres, Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential on 14.71 acres, and Planned Unit Development District Review on 34.92 acres, with zoning from Rural to R1-13.5 on 9.58 acres and from Rural to RM-6.5, with variances, on 14.71 acres, and Preliminary Plat of 34.92 acres into 69 lots and one outlot. Location: North of Highway #5, south of Lorence Way and west of Atherton Way. A public hearing. ;0:)1 Planning Commission Minutes 4 January 27, 1986 Mr. Mike Gair, representing proponents, gave a brief history of LAD Properties, Inc., proponents. He stated that proponents had held a meeting with the neighborhood on November 25, 1985. Mr. Gair then reviewed the site characteristics, pointing out the wetland areas, tree stands, areas of slopes, and the various soils encountered on the property. He then reviewed the proposed location of single family units, multi-family units, and open space proposed for the development. Mr. Gair stated that the overall density for the single family area was proposed at 2.19 units per acre, based on a density transfer. Mr. Gair discussed the area where tree removal would take place, in the center of the site. He stated that approximately 650 caliper inches of trees would be removed from this area. He then reviewed the architecture proposed for the multi-family units of the development. Mr. Gair noted that proponents had built similar units in the City of Minnetonka. Mr. Gair then discussed traffic generation and access to the site. He stated that proponents would be updating traffic information for this area. Mr. Gair stated that proponents concurred with Staff regarding the need for additional information on this project and he asked that the Commission not take action at this meeting, but defer action to another meeting. Planner Franzen reported that Ms. Connie Scott, a resident of the Round Lake Estates neighborhood, had contacted the City Staff by phone and asked that her comments regarding the project be included in the meeting record. Her concerns were with respect to construction traffic during the development process and the possibility of alternate routing other than through the existing neighborhood to the east. Mr. Lynn Seppman, 7276 Hunters Run, stated that he agreed with the concerns of Staff regarding traffic along Evener Way. He also stated concerns for density and the type of homes which would be built in the area. Mr. Chris Geason, 7470 Atherton Way, expressed concerns regarding traffic, the type of homes, and whether the pond located behind his home would be maintained even after development. (Dodge arrived at 8:40 p.m.) Ms. Lesley Sweet, 7530 Atherton Way, also expressed concern regarding the existing pond, noting that the plans proponents had shown the neighborhood at their meeting on November 25, 1985, had indicated that the pond would be half of its current size. She also expressed concern regarding tree removal and stated that her major concern was that of traffic. Ms. Karen Thor, 7570 Atherton Way, expressed concern regarding the pond and traffic, also. Marhula asked if the pond was a designated wetland. Mr. Gair responded that it was not. He added that ponding and water holding areas would be recreated in other areas of the property upon development. Mr. Gair noted that there were perched water bodies in this area, none of which were unique in nature. Mr. Gair added that the storm water system would be reviewed .JA Planning Commission Minutes 5 January 27, 1986 with the City Engineering Staff. • Mr. Daniel Andrs, 17512 Evener Way, asked about arrangements for sanitary sewer to service the development. Hallett stated that, based upon the information provided, he did not feel that the Comprehensive Guide Plan Change proposed by proponents had been • justified. Gartner stated that she did not consider "unbuildable" property appropriate for use as density transfer property. MOTION: Motion was made by Gartner, seconded by Hallett, to continue review of this item to the February 24, 1986, Planning Commission meeting in order to allow • proponent opportunity to revise the plans in accordance with the concerns raised by the Commission at this meeting and those raised in the Staff Report of January 24, 1986. Motion carried--6-0-0 • • 66-3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-68 A RESOLUTION APPROVING THE RIDGE PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT TO THE OVERALL CRESCENT RIDGE PLANNED UNIT DEVELOPMENT WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) of certain areas located within the City; and, WHEREAS, the Ridge is considered a proper amendment to the overall Crescent Ridge Planned Unit Development Concept; and, WHEREAS, the City Planning Commission did conduct a public hearing on the request of Dirlam Development for PUD Concept Amendment approval to the overall Crescent Ridge Planned Unit Development Concept for the Ridge and recommended approval of the PUD Concept Amendment to the City Council; and, WHEREAS, the City Council did consider the request on April 15, 1986; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The Ridge PUD Concept Amendment, being in Hennepin County, Minnesota, and legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept Amendment approval to the overall Crescent Ridge Planned Unit Development Concept as outlined in the application materials for the Ridge. 3. That the PUD Concept Amendment meets the recommendations of the Planning Commission dated March 24, 1986. ADOPTED by the City Council of Eden Prairie this 15th day of April, 1986. Gary D. Peterson, Mayor ATTEST: • John D. Frane, City Clerk • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #86-69 RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE RIDGE FOR DIRLAM DEVELOPMENT BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of The Ridge for Diriam Development, dated April 9, 1986, consisting of 10.42 acres into 17 single family lots and one outlot, 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. ADDPTED by the Eden Prairie City Council on the 15th day of April, 1986. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk • STAFF REPORT TO: Planning Commission FROM: Donald R. Uram, Assistant Planner TUGH: Chris Enger, Director of Planning DATE: March 21, 1986 PROJECT: The Ridge LOCATION: North of Highway #5, west of Atherton Way REQUEST: 1. Planned Unit Development Amendment on 130.25 acres. 2. Zoning District Change from Rural to R1-9.5 on 6.8 acres, and from Rural to R1-13.5 on 3.2 acres. 3. Preliminary Plat of 10.0 acres into 17 single family lots. Background This site is currently designated on V„ 83 "1J8 the Eden Prairie Comprehensive Guide l52} 6" MRM-6.5 `_i Plan for development as Low Density ' 47-83 a ,', Residential. Surrounding Guide Plan RI-13.5,, h. ,,Lo designations include low Density Residential to the north, south, and '.,� '� east, and Public Open Space (flood i"-� �����'� m 4111 plain) to the west. Associated land -4". """'""'""' !4F!,: uses and zoning classifications are h�m r f fi the proposed Donnay's Round Lake _ ].N "° +Y ,�; Estates project, future R1-13.5 to the north; open space to the south; the Heritage Park 1st Addition, �iQ����� zoned R1-22 to the east; and, flood ��������i �� �� c plain to the west. The proposed .:'::$ = c project is located within the / 4".�.•��iow ' ,L04 AW.Aim' Crescent Ridge Planned Unit Develop- ment (PI10) which was approved on EP -lotem�', December 20, 1983. Based onp the PROPOSED SITE frg I • i approved Planned Unit Development ,k Concept, a total of 14 single family RI p2 .\ 22 homes were to be developed on this T site. The proponent is currently RI{22 i 14r5 requesting a Planned Unit Develop- ment Amendment of the Crescent Ridge 'i-'2 18-2 R1.22 RI.22 PUD, a Zoning District Change from Rural to R1-9.5 on the west side of Street A, and R1-13.5 on the east ` � _ side of Street A, and Preliminary AREA Platting of ten acres into 17 lots. LOCATION MAP r ., The Ridge 2 March 21, 1986 Site Plan The proposed 10-acre single family residential subdivision includes 17 lots at 1.7 units per gross acre. R1-13.5 zoning is proposed for eight lots on 3.2 acres along the eastern property line. These lots range in size from 13,700 square feet to 15,300 square feet with an average lot size of 14,450 square feet. R1-9.5 zoning is proposed for nine lots along the west property line. Lot sizes range from 24,000 to 32,000 square feet with an average of approximately 30,250. Total site area is proposed for R1-9.5 zoning is 6.8 acres which includes approximately 1.5 acres of the flood plain. The net density outside of the flood plain would be 2.0 units per acre. Although all lots on the west side of Street A meet the requirements of the R1-9.5 zoning district, R1-9.5 zoning is inappropriate for the following reasons: 1. The intent of the R1-9.5 district is for starter housing on small lots not move-up housing on large lots. 2. The R1-9.5 lots should be in Medium Density guided areas, since typically the lot sizes are smaller and densities are higher than traditional single family neighborhoods. 3. There is a difference in side yard setbacks. (25 feet for R1-13.5 and 15 feet for R1-9.5) 4. The transition between zoning districts should be across the rear lot lines. The R1-9.5 area should be revised to R1-13.5 zoning. This will allow for an increase in lot widths to 90 feet which will be comparable to those across Street A. In addition, land below the 100-year flood plain should be dedicated. This would decrease the depth of the lots, and reduce the average square footage to approximately 24,000 square feet. (See Attachment A) Decreasing the lot depths along the western boundary will allow the opportunity for a trail system to be constructed around the flood plain as shown in the Crescent Ridge PUD. This outlot should extend 20 feet past the Normal Ordinary High Water Mark. In this location, an eight-foot bituminous trail shall be constructed and connect to the proposed trail along the northern boundary. Access to this site will be from an extension of Kilmer Avenue from the Oonnay's project and from Heritage Park 1st Addition. The proposed right-of-way is 50 feet and will extend through approximately the center of the site. In developing the connection to Kilmer Avenue to the east, the developer shall eliminate the bubble of the cul-de-sac and sod or seed this area. In addition, excess right-of-way shall be vacated and will revert to the adjoining property owners for maintenance. Grading Grading on-site could be described as extensive because of the existing rolling topography and drainage swales. Cuts of up to ten feet are proposed along the northeast property line, and fill of approximately 14 feet is proposed in the southwest corner. Primarily, the grading is being done to allow for the construction of building pads along the proposed street right-of-way. Grading is �lo� The Ridge 3 March 21, 1986 proposed off-site to match the grades within the Donnay's Round Lake Estates project to the north and to allow for the extension of Kilmer Avenue to the south. Grading does not encroach into the 100-year flood plain and is limited to the 894 contour along the northern property line and the 890 contour along the southern property line. The wetland area has a normal water level of 871 and a high water level at 877. There is a narrow tree mass of lowland vegetation along the western edge of the flood plain line which is not affected by any proposed grading. Grades on the proposed streets are 2% along the north/south street and 5.5% along the extension of Kilmer Avenue to the west. These grades are within the limits set by Ordinance. Utilities Water and sanitary sewer service are available to this site. There is a 6-inch water line proposed to be located within the street right-of-way and connecting with the 6-inch water line proposed within the Donnay's Round Lake Estates project and also looping to a connection within Kilmer Avenue. There is a proposed 8-inch sanitary sewer connection (flowing north) which would connect to a sewer line within the Donnay's Round Lake Estates project. Drainage is proposed to sheet drain across the lots into the street. There is a catch basin system located within the street which has an underground pipe that extends towards the west into the wetland area. Traffic With the development of 17 lots, a total of approximately 170 trips per day could be expected. Of these 170 trips, 10%, or 17 trips, shall occur within the peak hour. These figures are based upon 10 trips per day per single-family household. Pedestrian Systems There is an eight-foot bituminous trail proposed along the northern property line to be constructed in conjunction with the Donnay's Round Lake Estates project on the east side of Street A. This includes a 10-foot land dedication as an outlot. In addition, an eight-foot bituminous trail should be constructed on the west side of Street A along the north property line and along the entire western property line within a dedicated outlot which extends 20 feet beyond the High Water Mark. This will allow for ease of maintenance and an opportunity for the City to have dedicated portions of the flood plain. The 8-foot trail along the flood plain will connect to proposeda trail the Donnay's f an overall trail systemproposedin the dCrescent t trail Ridge Planned Unit Development. o(See Attachment B) Preliminary Plat A ten-acre site is being divided into 17 lots based on two different zoning classifications. Along the eastern boundary, the proposed zoning classification is R1-13.5 and all lots meet the district requirements. The zoning district along the western boundary line is R1-9.5 and these lots also meet the district requirements. In addition, the preliminary plat shows the construction of a street with a right- of-way of 50 feet extending to the center of the site and making connections to the street within the proposed Donnay's Round Lake Estates project and also the jC�� • The Ridge 4 March 21, 1986 extension of Kilmer Avenue. Land area within the 100-year flood plain and to a distance of 20 feet beyond, should be placed in an outlot and dedicated to the City. STAFF RECOMMENDATIONS Staff would recommend approval of the request for preliminary plat and rezoning subject to the following conditions: 1. Prior to Council review, proponent shall: A. Submit a revised preliminary plat depicting the changing of R1-9.5 lots to R1-13.5 lots. Place all land area in the 100-year flood plain and to a distance 20 feet beyond the high water level into an outlot for dedication. Indicate an 8-foot wide bituminous trail within the outlot and along the north property line on both sides of Street A. B. Submit a revised grading plan which reflects the new lot configuration and lot sizes. 2. Prior to Final Plat, proponent shall: A. Submit detailed storm water run-off, erosion control, and utility plans for review by the City Engineer. B. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. 3. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Provide plans for review by the Fire Marshal. 4. Prior to Grading permit issuance, proponent shall: A. Notify the City and Watershed District at least 48 hours in advance of grading. B. Stake the construction limits with erosion control fencing. 5. Concurrent with Building construction, proponent shall: A. Construct an 8-foot bituminous trail along the western property line and participate in the construction of the 8-foot bituminous trail • along the northern property line. t6 5 , _ -_---_-,-- -,\ '. 1 _..i., ,J , , 1,r, ?. . :—'-_:------ , $ it 1_ ;— \ I a ._ r--;-7-7 \ jj _-_ --- -- 1 I i .tN 4 ,:_.N- L_..../_z-J��'.\\ • , a ', i, ? 1 ,, ( '\ ii ILI'v ';' 'i . . 911 I---" --; ) •- ' ‘t' ' t\t7---.- '7.7-'1 't\ \t:'7.\I—t., ---r.-` .< i - .-----i ,-,-;; 1 rz . , ..--. ... ,.-,--,.. , ,,\\ , \\", .., ',.... --, i a 1- , \\ I i --/--- - — L4r a' a i 'I / 1 e P. -� t / a 4. A I Hsi -'',—--4--11 i Y ) ' ANl: --- �, —V � y—� a H•� I 1� J, I� i iI �- A -- �•anv�aawit� ., ATTACHMENT A ALTERNATIVE LOT CONFIGURATION lain • I • • , _.. ........ . -‘, .---;---;-;;- ,'.,. N . 1-- , \ ,... — z au - ......— , 0 /OIL ,..,........ 2 ' . •••,, ..hu . , ,• irct \.0.--- ,......iv......„:1;!,?...../.:-- / ' \ ..... \ ,.. I ! '..4.,,. 0 __ •- ' , ', . 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' ,`' 1._!,__L___1,..___ ...•...._\'_\L.2_,1"--„, ,-- ---i-- _ ' s \ ' ' N '/'`-i, ;:.• ' s ---,2•''!i-----'7--- ---'\- --1- cl ,_ ______ —..-1 § :I •[,; :11' , \ „\, _ \, _ ___ _,\. .' ! \ )(ta i \•{,1 \ •, \ ji. .,t ' i ' •-, \_ L4\\_j\, ) ) )) FT,: \ ..,..-- ___ _ \ //' - Si/----7— 41111 ,11/(77;' — _ 1 , ' 1If // , , • il ''-'..- \• L' i' ii, _ f, It r-- i ., iiii \ "i tf31/111)1 / i Ili/ I I, .-- - i ' / / ,1 . , ,i 1; I ATTACHMENT B PROPOSED TRAIL SYSTEM 7(9/) { CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #86-70 RESOLUTION APPROVING THE PRELIMINARY PLAT OF HOLAND ADDITION FOR DAVID V. HOLAND BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Holand Addition for David V. Noland, dated March 6, 1986, consisting of two acres into five single family residential lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 15th day of April, 1986. Gary D. Peterson, Mayor ATTEST: John O. Frane, City Clerk 7(Z STAFF REPORT TO: Planning Commission FROM: Donald R. Uram, Assistant Planner HT ROUGH: Chris Enger, Director of Planning DATE: March 21, 1986 PROJECT: D. Noland Addition LOCATION: Southwest corner of Creekridge Drive and Bennett Place APPLICANT/ FEE OWNER: David V. Noland • REQUEST: 1. Zoning District Change from Rural to R1-13.5 on 1.92 acres. 2. Preliminary Plat of two acres into four single family lots. Background This site is currently designated on ^ � • the Eden Prairie Comprehensive Guide ``V�V` Plan as Low Density Residential. `Va...!'"'" RI' Surrounding east and west zoning t classifications include Creekview I Estates zoned R1-13.5 to the north, l2-IT /�'+ south, and west, and Eden Prairie ,rt R-13.5 . Acres zoned R1-22 to the east. '� r f '� RI•I! The proponent is requesting a zoning kr:4 W'0, „Q, ,, 41 district change from Rural to R1- q✓t-- .-: s.,...;i^ 411.‘,!' 13.5 and a preliminary plat of 1.92 ,;,, d, acres into four lots and street y right-of-way. i 1 / `� 1, III 1 .' ..,� Site Plan �'Ifd ), �" y'i:;.�• w4. . .� ,.. _I •" R\22 1 The proposed site plan depicts the .nrrOr subdivision of parts of Lots 8 and PROPOSED SITE d 9, Eden Prairie Acres, into four \ ir 6 single family residential lots. •., • Rectangular in shape, three of the 1�`-.y `7F lots measure 85 feet in width, 210 �i '.,nY feet in depth, and contain 17,850 I ' .0 r'` th,1 ,- ° square feet each. The remaining lot Ilik 7 `�' R� which has an existing house located '`r,. on it, measures 131.14 feet in �r�'- —'1 width, 210 in depth, and contains �� r Ri-13.5., R1-I3. • 27,539 square feet. All of the lotsa R1-13.5' meet the minimum requirements of the R1-13.5 zoning district. AREA LOCATION MAP D. Noland Addition 2 March 21, 1986 Grading, The site slopes naturally in a northerly direction towards Creekridge Drive from a high point of 876 adjacent to the rear lot line. Grading on-site attempts to maintain the natural slopes with minimal land alteration occuring. A maximum of seven feet of cut is proposed on Lot 2 to allow for the construction of a building pad. Overall grading has been limited to the 870 contour elevation with little or no grading on Lot 4. Since drainage is proposed to sheet drain across the lots towards Creekridge Drive, the grading plan should be revised to show a series of drainage swales around each house to direct water away from the homes. There are a number of trees located along the southern property line. This tree mass is a significant site characteristic which the grading plan retains. In order to protect these trees, the grading limits shall be staked with snow fencing prior to any development. Utilities Water and sanitary sewer service is available to this site. Connections for these services can be made to an existing eight-inch sanitary line and a six-inch water line located within the Creekridge Drive and Bennett Place right-of-ways. Access Access to this site will be Bennett Place and Creekridge Drive. Creekridge Drive is an improved street with a 50-foot right-of-way and 28-foot pavement width. Bennett Place is not improved at this time. The existing right-of-way is 33 feet. Dedication of right-of-way from adjacent properties is 13.5 feet for a total right- of-way of 60 feet. The proponent is dedicating 13.5 feet along the eastern property line. Since Bennett Place is not proposed for upgrading at this time, and will likely be a City improvement in the future, the proponent shall enter into a special assessment agreement such that all lots would be proportionately assessed for street upgrading. STAFF RECOMMENDATIONS Staff would recommend approval of the zoning district change from Rural to R1-13.5 on 1.92 acres and the Preliminary Plat of the D. Noland Addition based on plans dated March 6, 1986, and Staff Report dated March 21, 1986, and subject tothe following conditions: 1. Prior to Council review, proponent shall: A. Revise the grading plan to depict a series of drainage swales around the proposed building pads. 2. Prior to Final Plat, proponent shall: A. Submit detailed storm water run-off, erosion control, and utility plans for review by the City Engineer. B. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. 710 D. Holand Addition 3 March 21, 1986 C. Enter into a special assessment agreement with the City for the upgrading of Bennett Place. 3. Prior to building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Provide plans for review by the Fire Marshal. 4. Prior to grading permit issuance, proponent shall: A. Notify the City and the Watershed District at least 48 hours in advance of grading. • B. Stake the construction limits with erosion control fencing. C. Stake the grading limits with a snow fence. Any trees lost outside of the proposed grading limits shall be replaced on a cross- sectional trunk, area inch for area inch basis. APR 10() EWAN construction company OF MINNESOTA INCORPORATED April 3, 1986 Mr. Carl Jullie City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Request For Continuance Amendment To P.U.D. And Rezoning City West Business Center - Phase 3 Dear Mr. Jullie: Ryan Construction Company has submitted a proposal to amend a Planned Unit Development and requested re-zoning and site plan approval for the third phase of our City West 8usiness Center. This proposal was presented to and approved by the Eden Prairie Planning Commission on March 24, 1986. We are currently scheduled to appear before the City Council on April 15th. Because of concerns we have with the marketplace, we are requesting a one month continuance of our appearance before the City Council. This will allow us time to further evaluate the feasibility of our project as currently designed. Thank you for your cooperation in this matter. Sincerely, RYAN CONSTRUCTION COMPANY Robert J. Cutshall, Jr. Project Coordinator RJC/cjc/B2 cc: Chris Enger 700 INTERNATIONAL CENTRE.900 SECOND AVENUE SOUTH.MINNEAPOUS.MINNESOTA 55402 TELEPHONE 612/339-9847 f A .I RIL 15,1986 24125 VOID CHECK 30.20- 25634 VOID CHECK 132.00- 26450 NORWEST BANK HOPKINS PAYROLL 3/21/86 300.00 26451 TIM AGRIMSON REFUND - MEMBERSHIP FEES 38.50 26452 KIMBERLY A POLING REFUND - SKATING LESSONS 15.00 26453 MINNEGASCO SERVICE 331.23 26454 STATE DOCUMENTS DIV COPIES OF 1986 CRIMINAL CODE - POLICE DEPT 24.00 26455 MILE SEMINAR - DRUNK DRIVING 1986 115.00 26456 MINNEGASCO SERVICE 2620.92 26457 MINNESOTA DEPT OF P/S MOTOR VEHICLE PLATES - POLICE DEPT 18.25 26458 MINNEGASCO SERVICE 3338.03 26459 FIRST NATIONAL BANK OF WACONIA -COPIES RECEIVED FROM BANK FOR AN 3.30 INVESTIGATION 26460 STATE OF MINNESOTA EMERGENCY MANAGEMENT SEMINAR - POLICE DEPT 20.00 26461 UNIVERSITY OF MINNESOTA SEMINAR -PEOPLE & ANIMALS - POLICE DEPT 95.00 26462 INTERNATIONAL ASSOC OF CHIEFS DF MEMBERSHIP DUES - POLICE DEPT 50.00 26463 EAGLE WINE CO WINE 3481.22 26464 ED PHILLIPS & SONS CO LIQUOR 7223.93 26465 QUALITY WINE CO WINE 948.33 26466 MARK VII WINE 17.59 26467 TWIN CITY WINE CO WINE 8489.10 26468 PRIOR WINE CO WINE 186.00 26469 CAPITOL CITY DISTRIBUTING CO WINE 1578.06 " 470 CAPITOL CITY DISTRIBUTING WINE 1923.75 471 TWIN CITY WINE CO WINE 430.84 Lu472 LES BRIDGER SURVEILLANCE VAN EXPENSES - POLICE DEPT 165.38 26473 EAGLE WINE CO WINE 6347.84 26474 MARK VII WINE 416.94 26475 PRIOR WINE CO WINE 974.72 26476 ED PHILLIPS & SONS CO LIQUOR 6167.75 26477 QUALITY WINE CO WINE 2753.25 26478 TWIN CITY WINE CO WINE 6188.05 26479 RUSTY SCRUPPER KIDS KORNER - FEES PD 92.50 26480 NORTHERN STATES POWER SERVICE 10971.00 26481 CITY OF GOLDEN VALLEY MUNICI-PALS BANQUET -FEES PO 284.75 26482 SUPPLEE'S 7 HI ENTERPRISES INC APRIL 86 RENT - LIQUOR STORE 3939.72 26483 KRISTI HANSEN REFUND - SWIMMING LESSONS 18.00 26484 NORTHERN STATES POWER SERVICE 4.64 26485 A & H WELDING & MFG CO TARGETS - POLICE DEPT 304.00 26486 A TO Z RENTAL CENTER RENT LOG SPLITTER - PARK MAINTENANCE 53.00 26487 ACRO-MINNESOTA INC OFFICE SUPPLIES 759.45 26488 HERBERT S ALDOLPHSON EXPENSES - BUILDING DEPT 15.00 26489 ALL STEEL SOCCER GOALS INC 1 SOCCER GOAL - PARK MAINTENANCE 665.00 26490 ALLEN COMPANY -KNIVES SHARPENED/STEEL BALDES/HAND SAW- 57.10 PARK MAINTENANCE 26491 ALPHA VIDEO & AUDIO CONNECTORS - POLICE DEPT 116.99 26492 AMERICAN LINEN SUPPLY CO SERVICE - LIQUOR STORE 9.05 26493 AMERICAN RED CROSS EDUCATIONAL FILM RENTALS - FIRE DEPT 19.00 26494 AMERICAN WATER WORKS ASSOC FILM RENTAL - WATER DEPT 25.00 495 ANDERSON GARDEN SHOPPE WATER METER -WATER DEPT 6.99 ,496 JERRY ANDERSON HOCKEY OFFICIAL - FEES PD 79.00 26497 ANDY'S SOUTH TRUCK #729 TOPPER & TAILGATE - WATER OEPT 491.95 26498 ANIMAL HUMANE SOCIETY DONATION TO ANIMAL HUMANE SOCIETY 500.00 26499 ARMOR SECURITY INC APRIL-JUNE 86 SECURITY SYSTEM 133.50 26500 ROBERT ARNDT MARCH 86 CUSTODIAL SERVICE 200.00 7284542 .1 Cr ?� 26501 ARTCRAFT PRESS INC BUSINESS CARDS - POLICE DEPT 176.25 26502 EARL F ANDERSEN & ASSOC INC -EMPLOYEE PARKING SIGNS/ELECTION SIGNS/ 3524.41 WARNING SIGNS/STREET SIGNS t 5503 ASSOCIATED WELL DRILLERS INC GALVANIZED PIPE - PARK MAINTENANCE 6.50 26504 AUTO CENTRAL SUPPLY -SANDER/MUD BOARD/RESPIRATORS/PAINT/ 279.82 THINNER 26505 BATTERY & TIRE WAREHOUSE INC -AIR FILTERS/BATTERIES/HOSE CLAMPS/SEALED 666.89 BEAMS/STARING FLUID/STEERING FLUID 26506 BRIAN BENIEK BASKETBALL OFFICIAL - FEES PO 40.00 26507 BLACK & VEATCH SERVICE - WATER TREATMENT PLANT EXPANSION 98083.86 26508 SAM BLOOM IRON & METAL CO INC IRON - EQUIPMENT MAINTENANCE 132.05 26509 CITY OF BLOOMINGTON JANUARY & FEBRUARY 86 IMPOUND FEE 750.00 2651D RICK BOLINISKI MILEAGE - COMMUNITY CENTER 45.75 26511 BRAUN ENG TESTING INC -SERVICE -GOLDEN TRIANGLE DRIVE/TECHNOLOGY 6985.40 DRIVE/HOMEWARD HILLS ROAD 26512 ANDREA BROSCH RACQUETBALL INSTRUCTOR - FEES PD 91.00 26513 BROWN PHOTO FILM PROCESSING - POLICE/FIRE DEPT 177.97 26514 MAXINE BRUECK EXPENSES - FINANCE DEPT 20.40 26515 BRYAN ROCK PRODUCTS INC ROCK 3852.70 26516 THE J E BURKE CO BENCH LEGS - PARK MAINTENANCE 217.60 26517 BUSINESS FURNITURE INC FILE - PARK PLANNING 214.00 26518 BUTCHS BAR SUPPLY SUPPLIES - LIQUOR STORE 219.65 26519 CARGILL SALT DIVISION SALT - STREET DEPT 1037.85 2652D CERTIFIED RUSTPROOFERS INC RUSTPROOFING - FIRE DEPT 270.00 26521 CHANHASSEN BUMPER TO BUMPER -DISTRIBUTOR CAP/CARBURATOR FLOAT/BRAKE 1222.26 -SHOES/WHEEL CYLINDER/BALL JOINTS/AIR -FILTERS/EXHAUST PIPE/CREEPER/FITTINGS/ SWITCH/SPARK PLUGS '5522 CITY OF CHANHASSEN FEB B6 SERVICE - LAKE ANN INTERCEPTOR 218.75 J523 LORI CHRISTIAN SERVICE - CPR CLASS-COMMUNITY CENTER STAFF 20.00 26524 CLUTCH & TRANSMISSION SER INC SEAL/AIR VALVE -EQUIPMENT MAINTENANCE 62.67 26525 COMMISSIONER OF REVENUE -SERVICE - HWY 169 & 212 AT ANDERSON LAKES 5000.00 PARKWAY 26526 COPY EQUIPMENT INC PEN POINTS/CLEANER - ENGINEERING DEPT 118.09 26527 JEFFREY L CONRADI HOCKEY OFFICIAL -FEES PO 51.00 26528 CON/SPEC CORP JOINT SEALANT - STREET DEPT 1419.23 26529 CONTROL DATA BUSINESS ADVISORS IN SERVICE - PAY EQUITY STUDY 136.00 26530 CONWAY FIRE & SAFETY INC MASKS/VALVE STEM/GAUGE/FACEPIECES 745.78 26531 COUNTRY CLUB MARKET INC COFFEE/FILTERS - CITY 282.16 26532 CROWN RUBBER STAMP CO DESK SIGNS 154.69 26533 CURTIS INDUSTRIES NUTS/SCREWS/DRILL 8ITT - EQUIPMENT MAINT 294.78 26534 CPT CORP DFFICE SUPPLIES - POLICE DEPT 256.30 26535 CUTLER-MAGNER COMPANY QUICKLIME - WATER DEPT 1706.21 26536 WARD F DAHLBERG MARCH 86 EXPENSES 80.00 26537 DALCO -FLOAT - P/S BLDG/ STRIPPER PADS - 81.66 COMMUNITY CENTER 26538 MARLYN DESENS SERVICE GRAND PIANO - HISTORICAL CULTURE 40.00 26539 EUGENE DIETZ MARCH 86 EXPENSES 166.25 26540 DORHOLT INC LETTERHEADS/ENVELOPES - WATER DEPT 298.00 26541 DRISKILLS SUPER YALU EXPENSES - POLICE DEPT 4.71 26542 EDEN PRAIRIE TRASHTRONICS MARCH 86 TRASH PICKUP 325.00 26543 JENNIFER DRESSEN MILEAGE - COMMUNITY CENTER 24.00 26544 FIRE MARSHAL'S ASSOC OF MINNESOTA CONFERENCE - FIRE DEPT 100.00 /6545 FIRESTONE STORES 12 TIRES - EQUIPMENT MAINTENANCE 1219.40 13D81904 / 7U • • 26546 FITNESS ASSOCIATES INC STRESS TESTS - FIRE DEPT 1646.00 26547 FLOYD SECURITY 2ND QTR 86 SECURITY SYSTEM AGREEMENT 324.00 6548 FLYING CLOUD SANITARY LANDFILL TAX ON LANDFILL DISPOSAL -PARK MAINTENANCE 10.50 26549 G & K SERVICES TOWELS/COVERALLS/MOPS 268.38 26550 GARRISON MUSIC CENTER RENT GRAND PIANO - HISTORICAL CULTURE 320.00 26551 GENERAL COMMUNICATIONS INC -SWITCH/KIT/POTENTIOMETER- POLICE DEPT 987.10 /FIRE DEPT 26552 GENERAL ELECTRIC CO REPAIR ICE MAKER -P/S BLDG 72.20 26553 R L GOULD & CO SEAL/BEDKNIFE/WASHER/PLUG - PARK MAINT 169.22 26554 W W GRAINGER INC FOLDING FACE SHIELD - FIRE DEPT 8.81 26555 GRAPHIC CONTROLS CORP SUPPLIES - WATER DEPT 80.43 26556 GRAY8OW-DANIELS CO ELEMENT - PARK MAINTENANCE 9.40 26557 HALLOCK CO SIGNAL REPAIR - WATER DEPT 48.12 26558 HANCO -CUTTING TIPS FOR 8RAKE LATHE - 42.00 EQUIPMENT MAINTENANCE 26559 HENNEPIN COUNTY CHIEFS OF POLICE CONFERENCE - POLICE DEPT 125.00 26560 HENNEPIN COUNTY DEPT OF PROPERTY MARCH 86 POSTAGE FOR VOTER VERIFICATIONS 10.78 26561 HENNENPIN COUNTY LICENSE APPLICAT SWIMMING POOL LICENSES - COMMUNITY CENTER 300.00 26562 HENN CTY-SHERIFFS DEPT FE8RUARY 86 800KING FEE 96.31 26563 HILLYARD FLOOR CARE SUPPLY CO FLOOR FINISH - COMMUNITY CENTER 157.00 26564 HONEYWELL INC -MECHANICAL MAINTENANCE AGREEMENT - 13395.00 WATER DEPT 26565 HONEYWELL INC MAINTENANCE AGREEMENT - WATER DEPT 3374.75 i 26566 HOPKINS DODGE SALES INC POWER STEERING HOSE - WATER DEPT 24.45 26567 DONNA HYATT MILEAGE 13.00 26568 HYLAND HILLS SKI AREA SKI LESSONS - FEES PO 4233.50 26569 INDUSTRIAL LIGHTING SUPPLY INC LIGHT 8UL85 - WATER DEPT 124.50 5570 INTERNATIONAL ASSOC OF ARSON INVE DUES - POLICE DEPT 25.00 k. 5571 INTL OFFICE SYSTEMS INC SERVICE - POLICE & WATER DEPT 192.03 26572 J & R RADIATOR CORP RADIATOR HEATER CORE - EQUIPMENT MAINT 40.45 26573 F F JEDLICKI REFUND METER DEPOSIT 96.30 26574 JET PHOTO LA8S FILM PROCESSING - POLICE DEPT 7.69 26575 JM OFFICE PRODUCTS INC OFFICE SUPPLIES - WATER DEPT 442.98 26576 JM OFFICE PRODUCTS INC OFFICE SUPPLIES 43.74 26577 KRAEMERS HOME CENTER -WASTE8ASKET/DOOR LATCH/80LTS/NUTS/CAULK/ 52.51 PAINT 26578 KARULF HARDWARE INC -CHISEL/SALT PELLETS/CORK/SPONGES/WOOD 882.12 -GLUE/SPRAY BOTTLES/DRILL BITS/ANCHORS/ CEMENT/CABLE/GLOVES/ROLLER SETS/STAPLES/ 26579 RD8ERT LAMBERT MARCH 86 EXPENSES 165.00 26580 LANCE SUPPLIES - LIQUOR STORE 149.75 26581 PRESERVE INSURANCE AGENCY LIA8ILITY INSURANCE 3203.00 26582 LANG PAULY & GREGERSON LTD JANUARY/FE8RUARY 86 NESBITT LEGAL SERVICE 5840.40 26583 LANG PAULY & GREGERSON LTD FE8RUARY 86 LANDFILL LEGAL SERVICE 5098.90 26584 LANG PAULY & GREGERSON LTD FEBRUARY 1986 LEGAL SERVICE 10035.90 26585 LANG PAULY & GREGERSON LTD JANUARY/FE8RUARY 86 DORENKEMPER LEGAL SVC 2366.26 26586 808 LANZI VOLLEY8ALL OFFICIAL -FEES PD 156.00 26587 ANDREW LAWVER BASKET8ALL OFFICIAL -FEES PD 20.00 26588 LEEF 8ROS INC RUG SERVICE - CITY HALL/ P/W BLDG 252.40 26589 DAVID LINDAHL PACKET DELIVERY 45.75 26590 JIM LINDGREN EXPENSES - POLICE DEPT 11.00 26591 LONG LAKE FORD TRACTOR 8OLTS/NUTS - PARK MAINTENANCE 18.66 )592 LYMAN LUMBER CO TREATED LUMBER - PARK MAINTENANCE 15.12 5500141 26594 MACDONALD AND MACK PARTNERSHIP SERVICE - JR CUMMINS HOMESTEAD RESTORATION 1130.00 '6595 MACQUEEN EQUIPMENT INC -BRACKET/TOW BAR/LOCK COLLAR/4 BROOMS 3811.97 -GUTTER BROOM 864.00/CONVEYOR BELT/SOCKET/ SCREEN - EQUIPMENT MAINTENANCE 26596 MASYS CORPORATION SERVICE - POLICE DEPT 202.00 26597 MEDICAL OXYGEN & EQUIP CO OXYGEN - FIRE DEPT 145.28 26598 MUFF MAGELSSEN SERVICE PIANO - SENIOR CENTER 130.00 26599 METRO ALARM INC 2ND QUARTER 86 SECURITY SYSTEM 66.00 26600 METRO PRINTING INC POLLING LOCATION CARDS - ELECTIONS 145.OD 26601 METROPOLITAN FIRE EQUIP CO FIRE EXTINQUISHER FOR CITY VEHICLE 693.60 26602 MIDLAND PRODUCTS CO CONCESSION STAND SUPPLIES-COMMUNITY CENTER 236.95 26603 MIDWEST ASPHALT CORP BLACKTOP 964.25 26604 MIDWEST CLOSERS OVERPAYMENT OF LEVY 37.45 26605 MIDWEST UNDERGRDUND INSPECTIONS SERVICE - WILLIAMS ROAD 250.OD 26606 MPLS AREA CHAPTER RENTAL OF 1ST AID DUMMIES-COMMUNITY CENTER 40.00 26607 MPLS STAR & TRIBUNE CO EMPLOYMENT AD - COMMUNITY CENTER 27.P0 26608 MINNESOTA DEPT OF PUBLIC SAFETY COMPUTER CONNECTION - PDLICE DEPT 150.00 26609 VINNESOTA FIRE AGENCIES 1986 DUES 25.00 26610 MINNESOTA SUBUR8AN NEWSPAPERS INC EMPLOYMENT ADS 102.3D 26611 MINNESOTA SU8URBAN NEWSPAPERS INC ADS - LIQUOR STORES 30.24 26612 THOMAS H MONTGOMERY EXPENSES - FIRE DEPT 118.78 26613 MODERN TIRE CO WHEEL ALIGHMENTS 30.85 26614 R E MOONEY & ASSOCIATES INC PRIMER - WATER DEPT 93.20 26615 MOTOROLA INC PARTS - POLICE DEPT 84.50 26616 ROBERT A MOWAN EXPENSES - BUILDING DEPT 15.00 26617 GREG MUELLER VOLLEYBALL OFFICIAL - FEES PD 52.00 26618 MY CHEESE SHOP LUNCHES - CITY COUNCIL MEETING 109.39 619 NALCO CHEMICAL COMPANY CHEMICALS - WATER DEPT 711.45 "_,620 NATIONAL RECREATION & PARK ASSOC DUES - COMMUNITY SERVICES 75.00 26621 ANDREA K NERHUS MILEAGE - ASSESSING DEPT 11.25 26622 NORTHLAND 8USINESS COMM SYSTEMS REPLACE COIL - POLICE DEPT 12.50 26623 OAKWOOD 8UILDERS REFUND PLATING FEE - PLANNING DEPT 200.00 26624 CONNIE PETERS MILEAGE 11.50 26625 PIONEER RIM & WHEEL CO AIR 8RAKES FOR TRAILER - STREET DEPT 26.65 26626 JOYCE PHELPS SKATING INSTRUCTOR -FEES PD 131.73 26627 PLANT EQUIPMENT INC -WASHERS/ADAPTERS/SEAL GEAL SECTOR/RACK 380.82 ROD - 26628 PRAIRIE ELECTRIC COMPANY INC REPAIRWATER CIRCUITPT BREAKERS - LIQUOR STORE 185.80 26629 PRECISION 8USINESS SYSTEMS INC REPAIR TAPE RECORDER -COMMUNITY CENTER 59.00 26630 POWER BRAKE EQUIPMENT CO AIR BRAKE COMPRESSOR -EQUIPMENT MAINT 206.53 26631 POWER SYSTEMS PARTS - PARK MAINTENANCE 3.90 26632 PRIOR LAKE AGGRETATE INC SANO - STREET DEPT 384.00 26633 R & R SPECIALTIES INC SHARPEN ZAMBONI BLADES-COMMUNITY CENTER 106.40 26634 FRED RAZAVI VOLLEYBALL OFFICIAL - FEES PD 117.00 26635 RETAIL DATA SYSTEMS OF MINNESOTA CASH REGISTER TAPE - LIQUOR STORE 49.04 26636 RIEKE-CARROLL-MULLER ASSOC INC -SERVICE -TECHNOLOGY DRIVE/PRESERVE BLVD/ 5596.56 GOLDEN TRIANGLE ROAD 26637 CITY OF RICHFIELD 2ND QUARTER 86 DISPATCH SERVICE 16605.72 p2666633g8 ROYAL pCO``INCCoo �ttN ROUND LAKE CONCESSION STANO SUPPLIES 49.00 NW FEDERAPIKESER9eC8ANK NO 6P€D4i( h6 STREET DEPT 2813:g 26641 COMMISSIONER OF REVENUE PAYROLL 4/4/86 B953.03 26642 DEPARTMENT OF EMPLOYEE RELATIONS PAYROLL 4/4/8 16847.12 8657569 f 26643 MINNESOTA STATE RETIREMENT SYSTEM PAYROLL 4/4/86 10.00 26644 GREAT WEST LIFE ASSURANCE CO PAYROLL 4/4/86 5023.00 5645 ICMA RETIREMENT CORP PAYROLL 4/4/86 2025.00 J646 INTL UNION OF OPERATING ENG PAYROLL 4/4/86 630.00 26647 PERA PAYROLL 4/4/86 18433.98 26648 CITY-COUNTY CREDIT UNION PAYROLL 4/4/867 2174.13 26649 WAYNE R SANDERS REGISTRATION FEE - BUILDING DEPT 30.00 26650 SATELLITE INDUSTRIES INC PORTABLE RESTROOM - SENIOR CENTER 94.43 26651 BETH SAUGEN VOLLEYBALL OFFICIAL - FEES PD 156.00 26652 ERIC SAUGEN VOLLEYBALL OFFICIAL - FEES PD 208.00 26653 SEARS ROEBUCK & CO -SCREWDRIVERS/BRUSH/EAR PROTECTOR/BLINDS- 472.32 FOR A SQUAD CAR 26654 SHAKOPEE FORD INC -LAMP ASSEMBLY/WATER PUMP/GASKET/BODYWORK 808.98 FOR A SQUAD CAR 26655 STEVEN R SINELL MARCH B6 EXPENSES 170.50 26656 W GORDON SMITH CO -BELTS/FITTINGS/BRAKE SHOE/WHEEL CYLINDER/ 501.00 -FLOOR DRI/DISC PADS/FRONT AXLE/OIL SEAL/ BALL JOINT/SWITCH/GAUGE 26657 SNAP ON TOOLS WRENCH/VACUMN PUMP- EQUIPMENT MAINTENANCE 92.80 26658 SNAP PRINT-WEST PRINTING - COMMUNITY SERVICES 84.65 26659 SOUTH HENNEPIN HUMAN SERVICES COU SO HENN HUMAN SERVICES 646.80 26660 SOUTHWEST SUBURBAN PUBLISH INC ADS - LIUQOR STORES 225.60 26661 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS - CITY HALL 72.00 26662 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS - POLICE DEPT 36.00 26663 SPECIALTY SCREENING EMBLEMS 224.00 26664 DON STREICHER GUNS RIFLE CASE/AMMUNITION - POLICE DEPT 372.50 26665 SUBURBAN CHEVROLET GASKET/FLYWHEEL - WATER DEPT 45.30 96666 SULLIVANS SERVICES INC SERVICE - SENIOR CITIZENS BLDG 50.00 567 SUPPLEE ENTERPRISES INC SUPPLIES - LIQUOR STORE 3.53 ,.,668 VALERIE SWANSON VOLLEYBALL OFFICIAL - FEES PD 52.00 26669 MARC LEWIS THIELMAN EXPENSES - FIRE DEPT B9.74 26670 GEORGE THOMAS REFUND WATER & SEWER BILL 99.87 26671 TOTAL TOOL -HANDLE & ASSEMBLY/REPLACEMENT SHIELDS - 65.65 EQUIPMENT MAINTENANCE 26672 TRANSPORT CLEARINGS OF TWIN CITIE FREIGHT CHARGES - FIRE DEPT 91.68 26673 TRIARCO ARTS & CRAFTS SCISSORS/CONSTRUCTION PAPER -KIDS KORNER 19.90 26674 TRI-STATE BEARING CO PULLEY FOR BLOWER ON PAINT BOOTH-P/W BLDG 50.25 26675 TRI-STATE TREE SERVICE INC REMOVAL OF DISEASED TREES -FORESTRY DEPT 2470.00 26676 TWIN CITY GARAGE DOOR CO BEARINGS - COMMUNITY CENTER 41.00 26677 TWIN CITY OXYGEN CO OXYGEN - STREET OEPT 7.12 26678 UNIFORMS UNLIMITED UNIFORMS - FIRE DEPT 345.65 26679 UNITED PROPERTIES REFUND WATER & SEWER BILL 10897.45 26680 UNITOG RENTAL SERVICES UNIFORMS FOR CITY EMPLOYEES 1176.10 26681 UNIVERSITY OF WISCONSIN EXTENSION SCHOOL - FIRE DEPT 650.00 26682 UNLIMITED SUPPLIES INC RIVETS - STREET DEPT 37.50 26683 VAUGHNS INC FLAG - POLICE DEPT 118.00 26684 VESSCO INC BELT - WATER DEPT 243.70 26685 VICDM INC PHONE SYSTEM - P/W BLDG 3700.00 26686 VIKING AUTOMATIC SPRINKLER CO CHECK ELECTRICAL SYSTEMS 100.00 26687 VIKING LABORATORIES INC TEST KITS - COMMUNITY CENTER 9.95 26688 WATER PRODUCTS CO -UNDERGROUND CLAMP/WASHER/PIPE WRENCH/ 3770.51 -REMOTE BASKET/BOTTOM LINER/PLATE/ 2 3" METERS $2532.00 =589 SANDRA F WERTS MILEAGE 77.65 5670424 26690 WEST WELD BANDSAW BLADES - PARK MAINTENANCE 140.50 26691 DAVID A WILLIAMS REFUND - BUILDING PERMIT ZU1b.40 •692 KRISTA M WDRDE VOLLEYBALL OFFICIAL - FEES PD 26.00 -0693 XEROX CORP SERVICE 217.78 26694 ZECH PIANO SERVICE TUNE GRAND PIANO - HISTORICAL CULTURE 75.00 26695 ZEP MANUFACTURING CO CHOKE/CARBURATOR CLEANER - STREET DEPT 321.23 26696 ZIEGLER TIRE SERVICE CO WHEEL PARTS - STREET DEPT 56.00 26697 JOYCE PRDVO EXPENSES 15.00 26698 MAXINE BRUECK EXPENSES 18.00 26699 EMPIRE-CROWN AUTO INC WHEEL ALIGHMENT/SEAT COVERS 97.83 26700 HENNEPIN COUNTY BUREAU OF PUBLIC OXYGEN - PARK MAINTENANCE 13.91 26701 M-V GAS CO FUEL - SENIOR CITIZENS CENTER 277.60 26702 PEPSI/7-UP BOTTLING CO POP FOR COMMUNITY CENTER CONCESSION STAND 188.00 26703 XEROX CORP SUPPLIES - CITY HALL 11.95 347420 $405420.00 t j 1 77 7 DISTRIBUTION BY FUND APRIL 15, 1986 10 GENERAL 175894.94 11 CERTIFICATE OF INDEBT 15.79 15 LIQUOR STORE-P V M 23293.43 17 LIQUOR STORE-PRESERVE 29376.48 30 CASH PARK FEES 420.00 31 PARK ACQUIST & DEVELOP 10971.00 33 UTILITY BOND FUND 100183.66 36 P/S & P/W BOND FUND 3700.00 44 UTILITY DEBT FUND 37.45 45 UTILITY DEBT FD ARB 500.00 51 IMPROVEMENT CONST FD 8700.37 57 ROAD IMPROVEMENT CONST FD 7054.29 73 WATER FUND 41351.94 77 SEWER FUND 1036.01 81 TRUST & ESCROW FUND 607.84 87 CDBG FUND 1776.80 405420.00 • • • �7 C ( MEMO TO: Planning Commission FROM: Jean Johnson, Zoning Administrator THROUGH: Chris Enger, Department of Planning DATE: February 27, 1986 RE: Request by Wendell A. Phillippi for 3 bridge crossings of Purgatory Creek, 1030D Riverview Road Background In December 1985, City Staff was notified of heavy equipment working near Purgatory Creek in the South half of Section 36. An inspection of the area found 3 bridges in place over the creek. The owner was notified City, Watershed and Department of Natural Resources permits are required for bridge installation. The owner immediately filed the necessary permits. Location The 3 bridges are constructed along a 1200+ foot lineal section of Purgatory Creek which travels diagonally through 23+ acres owned by Mr. Phillippi. 1, This portion of Purgatory Creek, the lower-purgatory riverview sector, is characterized by steep slopes, dense vegetation and erodable soils. Creek crossings by tractors and trucks has eroded the creek bank. If these vehicles utilize the bridges, this erosion can be mended. Bridge Construction The location of the bridges, materials, and method of construction are included in the attached DNR permit application. Code Items Under the Flood Plain Code a permit is required, prior to the placement or erection of a structure within a floodplain. Under the Shore land Code a permit is required, prior to construction within any part of a shoreland (shoreland is defined as land within 300' of a stream or the landward extent of a floodplain). U©0 Agency Review The Riley-Purgatory-Bluff Creek Watershed District reviewed the permit request at their February 5, 1986, meeting. The watershed district finds the bridge crossings will not interfere with the floodway. A spokesperson for the D.N.R. stated their permit would follow the Watershed's review. At the time of this report, an approval was pending. Based upon the Watershed District's finding, and the Department of Natural Resources permit to Work in Protected Waters, Staff believes: -The bridges will not hinder the floodway -The bridges will not significantly impact the upstream or downstream creek area. -Due to construction, the bridges may withstand low flood condition, but the immediate area may require restoration after high water damage and erosion. If the Commission chooses to recommend approval of the bridge permits, Staff would recommend owner agree to stabilize and restore previous creek crossings and maintain vegetative cover at the new bridge crossing areas. I BS:jj • • 7!1 • NA-02622-02 Rev.12/81 PERMIT APPLICATION PART A OFFICE USE ONLY. j DEPARTMENT OF TO WORK IN PROTECTED WATERS OR WETLANDS P.A.NO.1 MOVE I I—I r I I I DAM pNCIUDI NATURAL RESOURCES RB SAFETY' OSWCD OC/C ►►Please read instructions before attempting to complete this application. OW-D- OUSCOE ' I. Applicant's Name(Last,First,M.I.) Authorized Agent(if applicable) Telephone Numbereareawde Vendell A. Phillirpi ( 612)941-4g67 Address(Street,RFD,Box Number,City,State,Zip Code) 10300 Riverview goad Eden Prairie r.1 55344 Government Lot(s) Quarter Section(s) Sections(s) Township(s) flange(s) Lot,Block,Sub-Division -_ that part of ;he 35 116 ...... • Fire No.,Box No.or Prdject Address the i9`- County lennenir. Project will affect Lake,Wetland or Watercourse same lying ?: cf the TORE. ex. the roat (?rake njmber' Purgatory Creel: • IL PROPOSED PROJECT 1 III. PROJECT AREA • ' ❑fill 0 excavate 0 dam 0 culvert 0 shore-protection ❑drain O construct 0 lake ❑f wetland O other(specify) ❑remove 0 other(specify) O wharf 0 shoreline 0 abandon Il bridge 0 obstruction t}instail 4CM LL.Lu�Lnu.r..att5 O harbor watercourse IV.ESTIMATED PROJECT COST 0 riprap 0 sand blanket $ t, 0 channel 0 permanent dock V. BRIEF EXPLANATION OF PROJECT wr"' • Seeoo3ttached page JUSTIRCATION(Explain why this project is needed) I See attached page VII. ENVIRONMENTAL IMPACT(Anticipated changes to the water and related land resources,including unavoidable but detrimental effects) S Sep attached pare • VIII. ALTERNATIVES (Other alternatives to the action proposed) See attached page IX. I hereby make application pursuant to Minnesota Statutes Chapter 105.42 and all supporting rules tor a permit to work in or affect the above named protected ' wateris)in accordance with all supporting maps,plans,and other information submitted with this applicatkm.The Information submitted and statements made concerning this application are true and correct to the best of my knowledge. Signature of Owner or Authorized Nall Date , STATE OF Minnesota '——11" " �._ //%7 r COUNTY of Hennepin Signature of Leasee r Date Subscribed and sworn to before me this Distribution: ' e'_.9Lh day of January mil, White:DNR r Blue:SWCD My commission expires it, -,Z,J_Y/ Green:Watershed District Signature of Notary u (. i,.- • Goldenrod:City or County �_ it e( ,V ✓ Pink:Army Corps of Engirteef r Canary:Applicant V. BRIEF EXPLANATION OF PROJECT Purgatory Creek forms a small, severely sided creek valley adjoining the Minnesota River Valley. The creek valley has a broad flat bottom varying from 400' to 600' wide through the project property. The meandering stream channel is a fairly consistent 30' wide at the top, narrowing to 15' at the bottom. The depth of the channel is a fairly steady 6' to 7 with only a minimal slope: approximately 2' of drop over the entire property length of roughly 1400'. Our project is three bridges crossing the channel providing access to all sections of the valley floor. Prestressed and reinforced concrete double "T" beams make up the bridges. Each is 50'9" long by 212%" high, and were designed to be floor sections in a parking ramp. The bridges sit on footings cut into both banks. The footings (actually concrete highway barriers) are 30" high by 8' long with a wide 2' base that narrows to a 4" top. To finish the bridges, railings have been mounted to the double "T" beam edges and braced down to the web. The footings were set in place witha backhoe and backfilled. When ready,a a truck-mounted crane lifted the bridge sections, each a single unit, into place. A large-wheeled loader cleared brush and was used to build up ramps at the bridge ends. Temporary timber spans were used to get equipment across the creek. VI. JUSTIFICATTO'Z FOR PROJECT 1 The need for these bridges is to guarantee ready access to �1 the various sections of valley floor cut off by the strean channel. One section is fenced for use by our horses, providing forage and shelter in the well protected valley. As suited as the valley is to provide a good, wind-free pasture, it is difficult to approach for feeding and regular checking. Occasional injuries to horses provide sufficient anxiety without a creek channel to negotiate. Another section, after having been cleared of weeds and brush, is now well established in grasses. This section would readily revert to a brush and grapevine thicket if not mowed regularly. Crossing the creek by fording has become more and more of a problem even for our medium-sized tractor. Finally, an attempt is being made' to use and maintain the natural loveliness of this small valley in Eden Prairie. Providing easy access does a lot to further those aims. In this case the access bridges themselves add to the aesthetics with their beauty and durability. VII. ENVIRONMENTAL IMPACT -� Actually, very little impact should be presented by these bridges. The effects can be divided into an immediate (that is, during construction) and a long-term category. In the immediate category, soil and sod disruption were everywhere minimized by the thick snow cover and frost. The banks of the creek were trenched to receive the footings at both ends of each bridge. These footings were held back as far as. possible from the channel edge to assure soil stability. Two of the"bridges were set with one half (1'3") of the concrete beam rising above the soil line. For these, the bank was notched l'3" to accept the bridges. The third bridge was mounted with the bottom of the beam flush with the bank top. This last required no disturbance of the bank but more fill was needed to create the ramps. All three bridges had soil banked against the beams for stability and to recreate the channel bank. Existing fording sites were used to locate the temporary timber bridges. These banks were filled more closely to the original banks to provide ramps to the timbers. Several low-hanging and inopportunely located trees had to removed. Most of these were, fortunately, dying and draping willows and a few were ash. None of the trees were from the channel edge but from the flat land on either side. In the long-term, there should be little erosion as the bridge aprons will be seeded and should heal this summer (1986). A worst case 100 year flood will cover all three bridges as it would a section of Riverview Road, all essentially the same elevation. Such a flood would in its early stages easily break out of the stream channel and simply flow around the bridges, flooding the entire valley floor. At some point as the channel filled, the bridge web would provide some brief damming effect. This would be secondary to the effect of the existing Riverview Road culvert which has a smaller capacity: 28.24 square feet for the culvert and 60 square feet for the smallest bridge opening. The valley floor is so flat and so wide however that no serious back-up would occur, but rather, wide shallow flooding across the plain until the entire valley fills and bridges become completely covered. As for the effect on fauna, field mice readily took up residence beneath the bridge sides and within the first week deer had crossed the bridges, neatly avoiding the treacherous creek ice. 1 k VIII. ALTERNATIVES In an attempt to utilize the creek valley meadow, two separate designs had been followed. The first was to create a trail down from Riverview Road. This works in the summer as a horse trail but the horses will not use it in bad weather (November- April!). As a vehicle (tractor and pick-up) road, it is too steep. For these reasons the trail has proved unsatisfactory. Fords were created as a second option. These were satisfactory for a while and a steel plate was used to assist in•bad weather. Two factors soon became unfortunately obvious: development upstream increased the flow of water, making the crossing more I and more difficult. Secondly, the sand bank would not stand up to the traffic and churning of water and tires. The fords might be strengthened by steel plates on rock fill but even this wouldn't provide a permanent solution. 6 1 i i I I 1 i 1 E i4 i i I 7Z5 1 • Yw. • r ;ara t t 1 r. .r li � ..,•" e;t_ d +eta :*,e#eij ff ., rtiiii. , • ay ':a ,.�,, w , t �. rI ' � " ,¢MP F j RIObQ fit, • ry, �" f.. ;�; Ur Sr*IAA L OCAT II ' i.t ) a`•'�— - .ice f•M.� ._. . ...,./.... , . .... • . , .. r ..,,,." . .-.# . .!"-;'FA ', i+ i; • r •J,. Tr"Jr.•+"'"', ' I ld I• li, / Y !.. t• 1.,. 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( 4'7Q Action of the Planning Commission--March 24, 1986, Meeting Wendell Phillippi Request for Three Bridges Across Purgatory Creek MOTION: Motion was made by Gartner, seconded by Bye, to recommend to the City Council approval after-the-fact of the request of Mr. Wendell Phillippi for Flood Plain and Shoreland Management review for three bridges over Purgatory Creek subject to the conditions that the City not be responsible for any potential damage which may occur to these structures because of flows in Purgatory Creek and that the property owner agrees that the City will be "held harmless" with respect to any liability involving injury from these structures. Further, it is recommended that the City contact the U. S. Army Corps of Engineers regarding study of the erosion along Purgatory Creek. Motion carried-7-0-0 Riley-Purgatory-Bluff Creek Watershed District a N. o ti Engineenng Advisor. Barr Engineering Co. 6800 France Ave. '"" • Edina,55MN 55435 920-06 Legal Advisor. Popham an Schnobneh,Kaufman Is Doty C 43441DS Center Minneapolis,MN 55402 333-4800 February 5, 1986 Mr. Kent Lokkesmoe • Regional Hydrologist Department of'Natural Resources 1200 Warner Road St. Paul., Minnesota 55106 • Re: Phillippi Property: Eden Prairie • Dear Mr. Lokkesmoe: The Board of Managers of the Riley-Purgatory-Bluff Creek Watershed District has reviewed the 4IDNR Chapter 105 Work in Public Waters Permit Application as submitted for the construction of three pedestrian walkways on the Phillippi property located at 10300 Riverview Road in Eden Prairie. The District understands that since these structures were installed in the • fall of 1985, this permit is an after-the-fact permit application. The District has field inspected the area with representatives of the Minnesota Department of Natural Resources and City of Eden Prairie. The crossings will not impede the flow of the creek during the 100-year event since the entire lower creek valley will be inundated, however, the District concerned is with potential damage to these structures during the flood conditions. Should the Minnesota Department of Natural Resources approve of the MDNR Chapter 105 Work in Public Waters Permit, the District requests that the approval be subject to the condition that the District is not responsible for any potential damage which may occur to these structures because of flows in Purgatory Creek. If you have any questions regarding the District's 'comments, please • call us at 830-0555. Sincerely, , i/C27; Robert C. 0bermeye ' BARR ENGINEERING O. Engineers for the District • • Approved by the Board of Managers RILEY-PURGATORY-BLUFF CREEK ,rWATERSH fl�S I / C , • President L �� Date:- ,1 --itU 'Gt /J, /'1'ra-/ NA J-01 15;, INNESOTA PROTECTED WATERS t--`'` 6... IP•A• Number i Department et Natural Resources I) Diwsion of IN alers PERMIT `\ 86-6177 Pursuant to Minnesota Statutes, Chapter 105, and on the basis of statements and information contained in ; permit application, letters, maps and plans submitted by the applicant and others supporting data, all of air_ are made a part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant named below to change the coo' current, or cross section of the following: Protected Water County Purgatory Creek Hennepin Name of Applicant Telephone Number P (include Area Code Wendell A. Phillippi (612) 941-4967 Address (No. C Street, RFD, Box No., City, State, Zip Code) 10300 Riverview Road., Eden Prairie, Mn. 55344 Authorized to: Retain 3 footbridges, all as described in application and support material received January 9, 1986. I Purpose of Permit: Expiration Date of Permit Safe access to pastures Does not apply Property Described as: County NWta, SET/, SECTION 36, TOWNSHIi' 116 NORTH, RANGE 22W HENNEPIN As Indicated: (8) As Indicated: (11) n„o. not Appty does not amply This permit is granted subject to the following GENERAL and SPECIAL PROVISIONS: GENERAL PROVISIONS 1. This permit is permissive only and shall not release the permittee from any liability or obligation imoc, by Minnesota Statutes, Federal Law or local ordinances relating thereto and shall remain in Force subject all conditions and limitations now or hereafter imposed by law. 2. This permit is not assignable except with the written consent of the Commissioner of Natural Resources. 3. The Regional Hydrologist shall be notified at least five days in advance of the commencement of the work autmori. hereunder and shall be notified of its completion within five days thereafter. The notice of permit iss,. by the Commissioner shall be kept securely posted in a conspicuous place at the site of operations. • 4. No change shall be made, without written permission previously obtained from the Commissioner of Natural Reseurct in the dimensions, capacity or location of any items of work authorized hereunder. 5. The permittee shall grant access to the site at all reasonable times during and after construction to authori. representatives of the Commissioner of Natural Resources for inspection of the work authorized hereunder. 6. This Permit may be terminated by the Commissioner of Natural Resources at any time he deems it necessary the conservation of water resources of the state, or in the interest of public health god welfare, or for violet: of any of the provisions of this permit, unless otherwise provided in the Special Provisions. 7. Construction work authorized under this permit shall be completed on or before date specified above. Upon writ' request to the Commissioner by the Permittee, stating the reason therefore, an extension of time may be obtain, 8. The excavation of sail authorized herein shall not be construed to include the removal of organic Tatter r indicated above) unless the area from which such organic matter is removed, is impervious, or is sealed the application of bentonite after excavation. 9. In all cases where the doing by the permittee of anything authorized by this permit shall involve the toki• using, or damaging of any property rights or interests of any other person or persons, or of any pcb,i•in c lands or improvements thereon or interests therein, the pernittee, before proceeding therewith, sr3_: c w the written cons t of all i _.. .r - .. {�'Jt plrSOn,, agenCieS, cr authnr;!jo5 C��rrrnld, and oal! d:Cl:re • This pern:t is permissive only. No liability shall be imposed upon or incurred by the State of Minnesota c any of its officers, agents or employees, officially or personally, on account of the granting hereof or c at`wount of any damage to any person or property resulting from any act or omission of the permittee or ar cf is agents, employees, or contractors relating to any matter hereunder. This permit shall not be construe as estopping or limiting any legal claims or right of action of any person other than the state against tt pereittee, its agents, employees, or contractors, for any damage or injury resulting from any such act or for or as estopping or limiting any legal claim or right of action of the state against the persittee, its agents employees, or contractors for violation of or failure to comply with the permit or applicable provisions s lew. .. No material excavated by authority of this permit nor material from any other source, except as specified herein, shall be placed on any portion of the bed of said waters which lies below (as indicated above), • Any extension of the surface of said waters resulting from work authorized by this permit shall become protects waters and left open and unobstructed for use by the public. , 3. This pereit does not obviate any requirement for federal assent from the U.S. Corps of Engineers, 1135 U. Post Office and Custom House, St. Paul, Minnesota 55101. SPECIAL PROVISIONS • • The permittee shall comply with all rules, regulations. requirements or standards of the Minnesota Pollution Control Agency and other applicable federal, state or local agencies. • Permittee shall ensure that the contractor has received and thoroughly understands all conditions of this permit. • • • USCOE - Hennepin County SWCD Riley - Purgatory — Bluff Creek WSD • City of Eden Pzaizie v • Mike Hammer, C.O. St. Paul Waters . . Creek File• , • • • 1 Authorized Si ure Title Oats Kent L' es o t_. i9Prt/ . ff /98‘ Ragi 4ydroloaist t • MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services'&*—: DATE: April 2, 1986 SUBJECT: High School Athletic Field Development Attached to this memo is a copy of a letter sent to Round Lake Park area residents notifying them of the proposed development of the athletic fields on school property•adjacent to Round Lake Park. As this letter indicates, the school is developing these athletic fields in order to meet needs of the high school physical education program and interscholastic teams. The proposed development includes moving softball field 16 from its existing location north of the Community Center to a site north of the Fire Hall and east of the existing baseball field on City property. Development also includes construction of 4 new soccer fields and 1 new baseball field, as well as parking lots to serve these new facilities. The proposed schedule is to complete all of the grading and seeding, irrigating, fencing, etc. in 1986, and to install the road system and initial parking facilities in 1987 when the fields will be ready for use. (It doesn't include irrigating any of the facilities on City land.) These athletic facilities will not only be used by the school physical education programs and athletic teams, but also by the City youth baseball and soccer teams and the City adult softball teams. The School District has budgeted approximately $200,000 in the 1985 bond referendum for this project. The estimated cost of the first phase of this project is $287,000 to $316,000. Due to the amount City youth and adult athletic teams will benefit from the use of these fields, the Community Services staff have recommended the City Council consider assisting the School District in the construction of this project to an amount of $50,000 to ensure this project is constructed in 1986. The City and the School District have a long history of joint development of school/park sites where the City has constructed the majority of the athletic fields that serve both community and school use. Paul Fjare, President of Brauer and Associates, will represent the School District at the April 7th Parks, Recreation :and Natural Resource Commission meeting and the April 15th City Council meeting to present this proposed project. BL:md � , March 26, 1986 TO: Round Lake Park Area Residents Dear Resident: In the Fall of 1986, the School District passed a referendum that included funds for completing the development of their property in the northeast portion of the Round Lake School/Park complex. The plan for completion of this school/park site includes constructing one new baseball field, four new soccer fields, and moving softball field #6, presently located north of the Community Center, to a new location east of the existing baseball field. The school's soccer and baseball teams are currently bused to other locations within the City for soccer and baseball practice, as well as games. This expanded complex will provide sufficient facilities for the boy's and girl's soccer teams and the varsity and junior varsity baseball teams to practice and play games within walking distance of the high school. The addition also includes proposed parking lots to serve the new facilities and a future parking lot north of the Community Center that will serve not only these facilities, but also the future football stadium, as well as the Community Center whenever it is expanded. These facilities are constructed mainly for school use; however, when they are not in use for school practice and games, the facilities will be used by the various youth programs in the community. The plan for developing these facilities will be reviewed by the Parks, Recreation and Natural Resources Commission at their April 7th meeting, and by the City Council at their April 15th meeting. Both of these meetings are held at the School Administration Building, 3rd floor Board room, at 7:30 p.m. All members of the public are invited to attend these meetings and provide comment on the proposed plan. If you are unable to attend either of these meetings but have questions on the plan, or would like to provide a comment for the record, please contact me at 937-2262, ext. 37. Sincerely, Robert A. Lambert Director of Community Services RAL:md Proposed Development on School Property at Round Lake 1-' / c soccer --soccer ',''ti ;,',,', baseball_., • ----- ' - 'f _ shot put c I • ,,/— �.. ?L:. .._ 7 ..\1 w.;:. ,- 1 parking - � o' - cIi g � oi '' :u -_ ?r soccer"` -1�c ilt ."4- i j , parking- c r'^--- _, \' ' j`i- ,/,(,,,� <<. � ; . 9 d + - imposed road. V r , it baseball ��,'' ` ',i, softball \ 1 ` • COMMUNITY /I, 1, CENTER/ r 1 II - • 6 i 7 Z0 pPA& SOUTHWEST SUBURBAN CABLE COMMISSION c/o Herbst & Thue, Ltd. 2030 Northwestern Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 April 4, 1986 The Honorable Gary D. Peterson City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 RE: Southwest Suburban Cable Commission Dear Mayor Peterson: Rogers Cablesystems has requested approval of a refinancing plan. A Resolution was adopted by the Southwest Suburban Cable Commission at its regular meeting of April 2, 1986, and a Schedule of Proceedings was included with it. Both are enclosed • with this letter. You may recall that last year when we went through a rather lengthy process involving the review of the finances of Rogers a conclusion was reached to permit Rogers time to work out a refinancing of its long-term debt. It was intended that Rogers would be able to improve its financial condition over a long period of time if the long-term debt was changed so that the terms would not be so onerous for Rogers. • The current application of Rogers involves a requirement that review be made not only of the refinancing itself but also consideration with respect to extension of the terms of the existing franchises. Since Rogers plan includes a transfer of the ownership of the cable system to another entity within the Rogers' organization, state law and the provisions of the franchise ordinances govern the procedures that must be followed. The Resolution and Schedule of Proceedings are intended to provide an approach to the review and evaluation of the application within the requirements of state law as well as the franchise ordinances. Additionally, it is intended by the Resolution and Schedule of Proceedings that there be an orderly process among the five communities that are members of the Southwest Suburban Cable Commission. • The Honorable Gary D. Peterson Page Two April 4, 1986 • Our attorney/administrator has worked with your City Attorney and it is our suggestion that the process would proceed in the best way possible if they continued to work together to accomplish the necessary review and approval of Rogers' application. Should you have any questions with regard to the Resolution or the process that is involved, please contact Mr. Adrian Herbst, our attorney and administrator. Also, please pay special attention to the first requirement that within thirty (30) days from the date of April 2, 1986, each City must notify Rogers in writing that the City has determined that the sale or transfer of Rogers may have an adverse affect on company subscribers and, for that reason, the City is scheduling a public hearing. Please note that we have not attached the application materials of Rogers to the Resolution, as described in the Resolution. Members of the Commission including your City Manager and City Attorney have already been sent those materials. Thank you again and I will look forward to working together with your community as Chairman of the Southwest Suburban Cable Commission in ensuring that our cable system continues to provide benefit to all of us. Very truly yours, C. Wayne Courtney Chairman, Southwest Suburban Cable Commission CWC:pms Enc. cc: Carl Jullie, City Manager P9 SCHEDULE OF PROCEEDINGS PROPOSED TIME SCHEDULE FOR REVIEW AND APPROVAL OF REFINANCING PLAN OF ROGERS BY SWSCC AND MEMBER CITIES • April 2, 1986 Commission meeting and application requirements satisfied by Rogers beginning the process. April 2-21, 1986 Attorney/Administrator will work with City Attorneys and financial consultants to evaluate request, determine approval requirements and prepare necessary legal documents. Possibly conduct a special meeting of Commission if necessary. April 7, 1986 Edina and Minnetonka City Councils will be asked for concept approval of transfer and notice of Public Hearing given. April 14, 1986 Richfield City Council will be asked for concept approval on transfer and notice of public hearing given. April 15, 1986 Hopkins and Eden Prairie City Councils will be asked for concept approval on transfer _Jand notice of public hearing given. 19 6 Edina Public Hearing, Rogers' officials give presentation. April 28, 1986 Richfield Public Hearing, Rogers' officials give presentation. May 2, 1986 Ordinance and statutory requirement that Cities have replied indicating approval of request or determination to hold Public Hearing. - 1 - j i • May 5, 1986 Minnetonka Public Hearing, Rogers' officials give presentation. May 6, 1986 Eden Prairie Public Hearing, Rogers' officials give presentation. May 20, 1986 Hopkins Public Hearing, Rogers' officials give presentation. May 21, 1986 Edina must inform Rogers of their final decision to approve or deny transfer by or before this date. May 28, 1986 Richfield must inform Rogers of their final decision to approve or deny transfer by or before this date. June 4, 1986 Minnetonka must inform Rogers of their final decision to approve or deny transfer by or before this date. June 5, 1986 Eden Prairie must inform Rogers of their decision to approve or deny transfer by or before this date. June 19, 1986 Hopkins must inform Rogers of their decision to approve or deny transfer by or before this date. AEH:SW9 - 2 - z , 1.1 MEMORANDUM TO: Mayor and City Council FROM: Chris Enger, Director of Planning TROUGH: Carl J. Jullie, City Manager GATE: April 10, 1986 SUBJECT: Metropolitan Development Investment Framework As I had indicated at the Council meeting of April 1, 19B6, the Southwest Area Communities have received a revised "working document" draft of the Metropolitan Development Investment Framework as of Tuesday, April 8, 1986. We understand that the official redraft is to be released on Friday, April 11, 1986, so as of this writing I have not had an opportnity to review it. However, our initial review of the "working document" draft indicates that the Metropolitan Council Staff has given further explanation of many of the items of concern by local communities, but has not changed the basic direction of the document toward more flexibility. If anything, this draft is worse in its impact on a developing community than the original, in that the principles have become further entrenched as the document is modified. I will be meeting with the other staff members of the Southwest Area Communities on April 17, 1986, to discuss the latest revision of the Metropolitan Development Investment Framework. There seemed to be definite reluctance from the Council regarding the Larkin, Hoffman firm as part of the lobbying team. This, of course, is understandable in light of their representation of BFI and the ongoing landfill' controversy. The Staff would appreciate direction from the Council as to whether to communicate lack of support by Eden Prairie for the concept.of lobbying, or to voice our objection to the support of Larkin, Hoffman as part of the lobbying team. We have forwarded the Council's adopted position on the MDIF to date to the Metropolitan Council and, also, have lent Staff support the very general position represented by the Southwest Area Communities (as the majority of the points within this document were taken from Eden Prairie's position paper). The Council may wish to discuss further direction to the Staff on Tuesday night, or wait until April 29, 1986, for a further update after the official redraft has been issued by the Metropolitan Council and we have had an adequate chance to analyze it. L1ua AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 29, 1986 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock, and Paul Redpath CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND DTHER ITEMS OF BUSINESS II. MINUTES A. Regular City Council Meeting held Tuesday, February 1986 Page 9D3 B. Regular City Council Meeting held Tuesday, February 11 1986 Page 916 C. Special City Council Meeting held Tuesday, February ?1_ 1986 Page 931 D. Special City Council Meeting held Tuesday, March 112_ 1986 Page 935 E. Regular City Council Meeting held Tuesday, April 11_ 1986 Page 937 III. CONSENT CALENDAR A. Final Plat approval for Timber Creek Woods Second Addition Page 954 Resolution No. 86-76F IV. PUBLIC HEARINGS A. DOUGLAS CORPORATION HEADQUARTERS by Opus Corporation. Request Page 459 for Planned Unit Development Concept Review on 95+ acres of land & 957 for office headquarters, manufacturing and distribution campus. Location: Highway #169 and Anderson Lakes Parkway. (Resolution No. 86-35 - PUD Concept Approval/Denial) Continued Public Hearing from March 4, 1986 and April 1, 1986 B. TOUCH OF CLASS INTERIORS, by Kate and Craig Halverson. Request for Page 660 Comprehensive Guide Plan Amendment from Low Density Residential to & 95B Office, and Zoning District Change from Rural to Office for an interior design studio. Location: Southwest quadrant of County Roads #1 and #18. (Resolution #86-50, Comprehensive Guide Plan Amendment; Ordinance #14-85, Rezoning) Continued Public Hearing from March 25, 1986 and April 15, 1986 City Council Agenda - 2 - Tues.,April 29, 1986 V. REPORTS OF ADVISORY CDMMISSIONS VI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager 1. Authorize expenditure of funds for joint lobbying efforts for Page 959 MDIF (Metropolitan Development and Investment Framework) - continued from April 1, 1986 anT April 15, 1986 C. Report of City Attorney VII. NEW BUSINESS VIII. ADJOURNMENT ii 1 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 4, 1986 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock, and Paul Redpath CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attor- ney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael PLEDGE OF ALLEGIANCE ROLL CALL: All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: Presentation of Awards of • Valor; IX. A. 1. Off-Road Vehicles; IX. A. 2. Pidcock; IX -2. fission on Activities at the Landfill; Tr: 873. Agenda for 1eFuary 10, 1986 Special Council fleeting; IX. B. 4 ffiscussion regard nq February TT 1986, Special Meeting. The following items were removed from the Consent Calendar: III. A. Pro- blems with Remote Water Reader Meters became item VII. A.;ITT. . e entrog r�adin hermitBeTaTie item YII. C.; and ITT-r Carpenter Request for Lan se C al rilication became VII. C. MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and Dther Items of Business as amended and published. -Motion carried • unanimously. PRESENTATION OF AWARDS DF VALOR - I Mayor Peterson presented Awards of Valor to David Dobbelmann, David Lind (unable to be present), and Gary Matzinger for their heroic efforts in rescuing Walter Schmidt from his burning pick-up truck after an accident on the morning of De:ember 23, 1985. Peterson congratulated and thanked the men on behalf of the residents of Eden Prairie. t City Council Minutes -2- February 4, 1986 II. MINUTES A. Regular City Council Meeting held Tuesday, July 2, 1985 page 11, last para., next to last sentence: add "consideration" between "for" and "along". page 27, second para., line three: change "directed to do so" to "to investigate". MOTION: Redpath moved, seconded by Anderson, to approve the Minutes of the City Council Meeting held Tuesday, July 2, 1985, as amended and published. Motion carried unanimously. B. Regular City Council Meeting held Tuesday, October 1, 1985 MOTION: Pidcock moved, seconded by Anderson, to approve the Minutes of the City Council Fleeting held Tuesday, October 1, 1985, as published. Motion carried unanimously. C. Special City Council Meeting held Monday, December 10, 1985 MOTION: Redpath moved, seconded by Anderson, to approve the Minutes of the Special City Council Meeting held Monday, December 10, 1985, as published. Motion carried unanimously. D. Joint Cit Council/Flying Cloud Airport Advisor Commission of Eden lrra7rie Meeting held Tuesday7anuary , 19 MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the Joint City Council/Flying Cloud Airport Advisory Commission Meeting held Tuesday, January 7, 1986, as published. Motion carried unanimously. III. CONSENT CALENDAR A. Problems with Remote Water Reader Meters - became VII. A. B. Final Plat approval for Parkway Apartments (Chestnu,t Drive east of Anderson Lakes Parkway) - (Resolution No. 86-21) C. Clerk's License List D. Appointment of Weed Inspector and Assistant Weed Inspector E. Rosemount Grading Permit F. Griepentrog Grading Permit - became VII. B. City Council Minutes -3- February 4, 1986 G. Carpenter Request for Land Use Clarification (Resolution No. 86-24) - became VII. C. MOTION: Anderson moved, seconded by Redpath, to approve items 8 - E on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. Feasibility Report for Trunk Sewer and Water Improvements in the vicinity of the Red ROW Interceptor, I.0 52�i0$- (Resolution No. 8�i- 21) City Manager Jullie stated notice of this Public Hearing had been published and affected property owners were notified. He also said Staff had conducted an informational meeting for residents. Director of Public Works Dietz addressed the Feasibility Report. Dietz noted this would probably serve the sanitary sewer needs for the remainder of Eden Prairie. Dietz pointed out that the routing of this line was determined through negotiations by the City and the City of Chanhassen with the Metropolitan Waste Control Commission (MCC) and the Metropolitan Council. This interceptor would replace what had once been called the MRS line. The City's share of the cost is $1.6 million. Myrna O'Brien, 15709 Cedar Ridge Road, asked if would cost the same for someone who lived near the line as it would someone who lives farther away. Dietz explained that the lateral costs might be less in the case of a resident living closer to the line; before any costs are assessed to a homeowner, there will first be a hearing similar to this, Steve Wagner, 843D Eden Prairie Road, asked how this would affect the zoning of the land to the west of Eden Prairie Road. Dietz said this will not change the zoning but it might have an impact on the timing of the development. Wagner asked if this would mean that land would have to be sold to pay for the assessments. Dietz explained the assessment process and stated the City's policy,has been to not require a property to be assessed until the time of hook-up or development. William Marshall, 17591 Pioneer Trail, asked if there was a correlation between sewer extension and the Metropolitan Utility Service Area (MUSA) Line. Dietz explained how the MUSA Line was determined and the basis for the changes which are proposed. Marshall expressed his concerns about the MUSA Line. i. • City Council Minutes -4- February 4, 1986 ( ) Anderson asked what the affect would be of this on properties with green acres. Dietz said assessments are deferred on properties with green acres designation until that designation is removed. MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 86-22, ordering improvements for I.C. 52-088, Red Rock Interceptor. Motion carried unanimously. 8. PRAIRIE VIEW by Mark Rooney. Request for Zoning District change from Rural to C-Regional-Service, and preliminary plat of 16+ acres for shopping center. Location: I-494 and Highway #5 at the intersection of Prairie Center Drive. (Ordinance No. 4-86 - rezoning from Rural to C-Regional-Service and Resolution No. 86-10 - preliminary plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Don Brauer, representing developers Mark Rooney and Curt Johnson and property owner Walter Carpenter, addressed the proposal. Planning Director Enger said this request had been reviewed by the Planning Commission at its meetings on December 19, 1985, and on January 13, 1986, at which time the Commission voted to recommend approval subject to the recommendations included in the December 6, • 1985, and January 10, 1986, Staff Reports. The Commission also requested that the proponents provide interior connections to the walkway on Prairie Center Drive. Director of Community Services Lambert stated this request had been reviewed by the Parks, Recreation & Natural Resources Commission at its meeting on February 3, 1986, at which time it voted to recommend approval subject to the recommendations included in the Planning Staff Reports. • Anderson expressed concern regarding Plaza Drive and the fact that although there are three-traffic lanes it is often busy; he suggested the City might wish to acquire more right-of;way for additional traffic lanes. Enger said the Commission and Staff recommendation would allow for another traffic lane. Bentley stated he was concerned about traffic circulation within the proposal. Anderson said he did not believe the deciduous trees would provide screening. Enger said that berming and evergreen trees were looked upon as the items to be used for screening; evergreens really do not 9. work in a parking lot. Brauer stated that they did not wish to screen a lot of the area in a commercial development. City Council Minutes -5- February 4, 1986 Bentley asked about the green cupolas. Brauer said these were regarded as an architectural item and not a screening device. Bentley recalled previous discussions by the Council at which time cupolas were regarded as signs. Enger said that, in this case, the green cupola was determinted by Staff to be an architectural item and not a roof-top sign. Pidcock asked if provisions had been made whereby the mall could be enclosed at a later time. Brauer indicated provisions had been made for just that. There were no comments from the audience. MOTION: Anderson moved, seconded by Redpath, to close the Public Hearing and to give 1st Reading to Ordinance No. 4-86. Motion carried unanimously. MOTION: Anderson moved, seconded by Redpath, to adopt Resolution No. 86-10, approving the preliminary plat of Prairie View for Mark Rooney. Motion carried unanimously. MOTION: Anderson moved, seconded by Pidcock, to direct Staff to prepare a Developer's Agreement per Commission and Staff recom- mendations. Enger asked City Attorney Pauly for clarification regarding the signage situation. Pauly stated that no one can take away the proponent's right to appeal. The City Council has the right to review the decision of the Board of Appeals but it does not have the right to make variances without going throught the Board of Appeals. VOTE ON THE MOTION: Motion carried unanimously. • C. THE FARM by Countryside Investments. Request for rezoning from Rural to R1-13.5 and preliminary plat of 22.5 acres into 44 lots and one outlot. Location: north of Duck Lake Trail, east of King of Glory church. (Ordinance No. 5-86 - rezoning from Rural . to R1-13.5 and Resolution No. 86-20 - preliminary plat) City Manager Jullie stated notice of this Public Hearing had been published and adjacent property owners had been notified. Ron Krueger, representing Countryside Investments, addressed the request. Planning Director Enger said this request had been reviewed by the Planning Commission at its meeting on January 13, 1986, at which time the Commission voted to approve the request subject to the recommendations included in the Staff Report dated January 10, 1986, and based on plans dated December 26, 1985. City Council Minutes -6- February 4, 1986 Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission had reviewed this request at its meeting on February 3, 1986, at which time it voted to recommend approval subject to the recommendations included in the Planning Staff Report. Peterson questionned the cul-de-sac. Enger said this was the only way to serve this project. Anderson asked for clarification about the Conservancy Line. Lambert, using a map, explained the area included. Ron Akehurst, 6800 Park View Lane, expressed concern about the loss of trees due to sewer construction; he said he would be willing to grant an easement over a part of his property so as not to lose trees. Krueger said he did not see where there would be a problem in rerouting the sewer; however, this would necessitate getting easements from other property owners in the area. Bentley said he would like to see actual dollar amounts and a specific design before he would vote to commit the City's participation in such a project. Peterson suggested that approval might be based on resolution of this issue. Martin Kehn, 6715 - 175th Avenue, expressed concern about the drainage and the additional traffic which would be generated by this proposal. Dietz stated the drainage plans are not final and there would be no more traffic generated by this proposal than would be generated in any other single-family neighborhood. MOTION: Bentley moved, seconded by Pidcock, to close the Public Hearing and to give 1st Reading to Ordinance No. 5-86. Motion carried unanimously. MOTION: Bentley moved, seconded by Pidcock, to adopt Resolution No. 86-20, approving the preliminary plat of The Farm for Countryside Investments. Motion carried unanimously. MOTION: Bentley moved, seconded by Pidcock, to direct Staff to prepare a Developer's Agreement per Commission •and Staff recom- mendations with 2nd Reading of the Ordinance to take place only upon resolution of the sewer issue. Motion carried unanimously. D. ALPINE VILLAGE by Herlitz Construction. Request for rezoning from R1- 22 to R1-13.5 for 8.23 acres and preliminary plat of 8.23 acres into 17 lots. Location: east of Alpine Trail, south of Chicago, Milwaukee, St. Paul and Pacific Railroad. (Ordinance No. 6-86 - rezoning and Resolution No. 86-23 - preliminary plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity were notified. r k t 1 City Council Minutes -7- February 4, 1986 1 Charles Habiger, representing the proponent Herlitz Construction, addressed the request. Planning Director Enger said the Planning Commission had reviewed this request at its meeting on January 13, 1986, at which time it voted to recommend approval of the request subject to the recommendations included in the Staff Report dated January 10, 1986, and based on plans dated January 7, 1986. Director of Comnunity Services Lambert stated this request had been reviewed by the Parks, Recreation & Natural Resources Commission at its meeting on February 3, 1986, at which time the Commission expressed concern about the lack of grading plans. The Commission voted to recommend approval contingent on grading plans being approved. Bentley asked if the developer would pay the total cost of the sewer. Habiger said the developer would do so. Anderson questionned crossing the floodplain to provide sanitary sewer service to this area. He said he would like to have the Parks, Recreation & Natural Resources Commission take another look at this proposal. Anderson suggested the possibility of a trail along the sewer easement since a possibility for a trail might exist if the sewer were to be connected to the south or to the east. Bentley said he would like to have the Parks, Recreation & Natural Resources Commission review this when there is a grading plan avai lable. Enger explained the reasons for bringing this to the Council this evening. Redpath recalled there was a proposal for townhouses on this property before the Council last year and the reasons which were given by the residents of the area for not wanting that type of development. Redpath pointed out what the advantages would have been in saving some of the natural resources in the area if that development had been allowed. Duane Harvey, 16190 Alpine Way, said he could not support the previous proposal for multi-family use because the use was inconsistent with what is in the area adjacent to the proposed development. He stated that the Alpine Way area is one of large single-family homes on 3/4 acre lots. He said if multi-family had been approved in this area, it would have been the only multi-family development in the corridor to Glen Lake. ( ,)j City Council Minutes -8- February 4, 1986 Allan Callander, 16165 Hillcrest Lane, said he bought in this area two and a half years ago because of the well-planned nature of the area. He said this plan is better than others which have been presented. He said he would like to go on record as being against any extension of the roadway to the east. Harvey said this plan is consistent with the surrounding area. He said people bought homes in this area based on the comprehensive Guide Plan. MOTION: Anderson moved, seconded by Redpath, to continue the Public Hearing and to table action on this item for four weeks to the March 4, 1986, meeting of the City Council. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 25145 - 25380 MOTION: Redpath moved, seconded by Anderson, to approve the Payment of Claims Nos. 25145 - 25380. Roll call vote: Anderson, Bentley, Pidcock, Redpath, and Peterson voted "aye". Motion carried unanimously. VI. ORDINANCES & RESOLUTIONS There were none. VII. PETITIONS, REQUESTS & COM•1UNICATIONS A. Problems with Remote Water Reader Meters Bentley said he thought the memorandum included in the Council Packet addressing this problem was vague as to what was being suggested to resolve this issue. He said he would like to see each of the issues raised in the memorandum addressed individually. MOTION: Bentley moved, seconded by Redpath, to continue action on this item for two weeks to the February I8, 1985, Meeting of the City Council. Motion carried unanimously. B. Griepentrog Grading Permit Anderson said he would like to have specifics as to the parcel of land and what is being proposed. He said he believed the long-range plans for this area were for this to be included in the Minnesota Valley Wildlife Refuge. Director of Public Works Dietz gave the history of this area. City Manager Jullie said the building to be constructed here would be used to house bee-keeping materials and that use is allowed in a Rural zone. �. �lV City Council Minutes -9- February 4, 1986 Bentley asked if the use is denied, would the Council be depriving Griepentrog of his property rights. Anderson said he did not believe the Council had enough information to make a decision. MOTION: Pidcock raved, seconded by Anderson, to continue action on this item until detailed information regarding the type of structure to be built is available. City Attorney Pauly stated there has to be some reasonable basis for denying a grading permit such as an unsafe condition, etc. THE MOTION WAS WITHDRAWN BY PIDCOCK WITH ANDERSOJJ'S CONSENT. MOTION: Pidcock raved, seconded by Redpath, to approve the grading permit for the Griepentrog's (No. 85-50 - 17401 Flying Cloud Drive). Notion carried with Anderson and Bentley voting "no". C. Carpenter Request for Land Use Clarification Bentley said he did not find a necessity for this and stated it would be a departure from practice; he said was very concerned about adopting a resolution stating these things. He did not wish to set a precedent. Planning Director Enger said the Guide Plan does not really show much in this area. Director of Public Works Dietz reviewed the reason for this request and noted that Highway 5 was going to be closed to this property. Dietz noted his memorandum of January 31, 1986, in which this issue was addressed. Enger stated the Major, Center Area (MCA) PUD (Planned Unit Development) has deemed this area to be commercial. Bentley said he could understand a Guide Plan designation clarifying this but he could not go along with Carpenter's request. Enger said the City could do as it had done with the Miller property which was to send a letter telling the proponent what the City believed the property should be designated. Bentley said he did not want to make a commitment on the part of the City without going through the normal process. MOTION: Pidcock moved, seconded by Redpath, to deny Resolution No. 86-24 and to have Staff notify Carpenter by letter of the Council's action. Notion carried unanimously. • City Council Minutes -10- February 4, 1986 VIII. REPORTS OF ADVISORY COMMISSIONS There were no reports. IX. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS A. Reports of Council Members 1. Off-Road Vehicles - Anderson noted problems with off-road vehicles in Staring Lake Park and other parks as well as on private property. He stated the trails were meant for hikers and not snowmobiles and three-wheeled vehicles. Director of Cormunity Services Lambert concurred with Anderson. Redpath asked if the parks should be posted "no snowmobiles". City Attorney Pauly said if that is done the City's potential liability is lowered. Anderson said he would recommend the Parks, Recreation & Natural Resources Commission look into this. He said he would like to see some signage regarding this at Staring Lake. Anderson said he would like to see Public Safety enforce the Ordinances; these vehicles should not be on the trails. City Attorney Pauly stated the City Code prohibits snowmobiles on any public lands and frozen waters and on hikeways and pedestrian walkways. MOTION: Bentley moved, seconded by Redpath, to refer this issue to the Parks, Recreation & Natural Resources Commission for its review of the pertinent Ordinances and to see if further restrictions are needed; and to ask Public Safety to monitor and enforce existing Ordinances dealing with this matter. Motion carried unanimously. 2. Pidcock - MOTION: Pidcock moved, seconded by Anderson, to direct Staff to obtain information regarding the amount paid for the Mitchell Road property which was purchased for a City Hall site; the dollar amount of taxes taken off the rolls as a result of this purchase; and review of the motion made by Bentley and seconded by Peterson regarding the restrictions or lack of placed upon the Site Selection Committee; and to discern whether or not any promises were made in writing to any of the property owners in the Prairie Center Drive vicinity now under consideration as a site for City Hall. 1 1 City Council Minutes -11- February 4, 1986 Bentley said he had asked what sites were going to be considered by the Committee at the time it was appointed. He said at that time the sites were pointed out on a map and he was under the impression that there were six sites to be investigated further. Anderson said he was interested in seeing to it that a bond issue was passed; he did not wish the issue to become hotly debated by the Council. He said he would withdraw his second for the sake of unanimity. MDTION WAS WITHDRAWN BY PIDCOCK WITH ANDERSON'S CONSENT. MOTION: Pidcock moved, seconded by Bentley, to direct Staff to report back to the Council as to the amount paid for the Mitchell Road City Hall site and the amount of tax dollars removed from the tax rolls as a result; and to deem whether or not any promises were made to property owners in the vicinity of Prairie Center Drive regarding a City Hall in that location. Motion carried unanimously. 3. Peterson MOTION: Pidcock moved, seconded by Peterson, to nominate Paul Redpath for the C.C. Ludwig Award which is given annually at the League of Minnesota Cities Convention. Motion carried unan- imous ly. B. Report of City Manager 1. Leaf Recycling (continued from I2-3-85) 1 MOTION: Bentley moved, seconded by Anderson, to adopt the recommendation of Staff which was to have Staff work with licensed haulers in the City to have them provide leaf collection services with appropriate assistance from the City to publicize their services. Motion carried unanimously. 2. Discussion on Activities at the Landfill City Manager Jullie stated he had met with representatives of the Flying Cloud Sanitary Landfill on February 3, 1986. Dr. Roy Ball, consultant, will make a presentation at the February 18, 1986, meeting of the City Council on the report which has just been completed. The report indicates there are no serious problems now at the Landfill. Jullie stated the Company has said work is being done on the compensation plan. The Company has said there is an urgent need to begin grading work; work oust begin soon in order Cl ' • City Council Minutes -12- February 4, 1986 to place the clay liner in the expansion area. The Company does not agree with the City's position that a grading permit is necessary. He said the Company intends to bring its grading plans into the City by the end of this week. Jullie said the Company will start grading tomorrow. Peterson said it appeared to him that the Company was presuming the City Council was going to go along with the proposed land use. Anderson said if the City allows the Company to start grading that would be condoning what it is doing. City Attorney Pauly stated that he did not agree with the Company's position. He said he did not see where there argument has any merit. Anderson asked if the City would allow anyone else to proceed with grading without a permit. He said he did not see where it was to the City's advantage to allow this. Bentley said the Council had given no indication to the Company that expansion would be allowed. Bentley suggested that until the Council has taken active, positive action regarding the landfill issue, the City should cite the Company because it is violating City Ordinances - the Company will be grading without a permit. Peterson stated that the Company had been given reason to believe, by authorities higher than the Council, that it will be given their permit. Anderson said the Council has an obligation to the residents of Eden Prairie and the residents wish to have the Council make a statement regarding the landfill. MOTION: Bentley moved, seconded by Anderson, to direct Staff to enforce the City's Ordinances and to do whatever is necessary to enforce them; Staff is not to issue a grading permit until the City Council so authorizes. Jullie stated the compensation package might be in jeopardy if the City does not issue the Company a grading permit. Anderson said the City has played the Company's game too long. Peterson said BFI cannot quarrel with the City enforcing its Qrdinances. VOTE ON THE MOTION: Motion carried unanimously. 3. Agenda for February 10, 1986 Special Meeting City Manager Jullie called attention to the Special Meeting to be held on Monday, February 10, 1986, at which time candidates for the various City Boards and Commissions will be interviewed. There was discussion as to the format of that meeting. City Council Minutes -13- February 4, 1986 4. Discussion regarding February 11, 1986, Special Council Meeting City Manager Jullie said it appeared the cost information on a site for a new City Hall would not be available for the scheduled Special Council Meeting to be held on Tuesday, February 11, 1986. He said Staff would not have an answer on the question of the impact of moving the park entrance to the west side of the proposed park by then. Jullie suggested the meeting be cancelled with reports to the Council to be on the February 18, 1986, Agenda. Anderson asked if a site needed to be decided upon prior to the referendum. He said he thought the site could be picked later. Bentley said he thought a date for the referendum should be determined and then a site could be selected prior to the referendum. Peterson said he did not know if this would speed up the process, he said he would like to see the Architectural Review Committee working. MOTION: Anderson moved, seconded by Bentley, to cancel the February 11, 1986, Special Meeting of the City Council, and to continue working to set a referendum date as well as what is to be included in the referendum. Peterson expressed concern about the fact that the Architectural Review Committee cannot do much until a site is selected and he would like to see a site selected so their work can proceed. He said he did not believe the motion helped to speed up the process. ANDERSON WITHDREW HIS MOTION WITH BENTLEY'S CONSENT. MOTION: Bentley moved, seconded by Anderson, to cancel the Special Meeting of the City Council scheduled for Tuesday, February 11, 1986. Motion carried unanimously. Jullie said the information which the Council has requested should be available the last week in February. MOTION: Bentley moved, seconded by Anderson, to set a Special Meeting of the City Council for Tuesday, February 25, 1986, to discuss a site for the new City Hall. Motion carried unanimously. C. Report of City Attorney There was no report. X. NEW BUSINESS There was none. XI. ADJOURNMENT MOTION: Redpath moved, seconded by Anderson, to adjourn the Meeting at 12:30 a.m. Motion carried unanimously. UNAPPROVED MINUTES • EDEN PRAIRIE CITY COUNCIL • { TUESOAY, FEBRUARY 18, 1986 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, • George Bentley, Patricia Pidcock, and Paul • Redpath CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attor- ney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Oietz, and Recording Secretary Karen Michael PLEOGE 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: XI. A. 1. Pidcock; XI. A. 2. Peterson - BFI; and XI. B. 3. Discussion of Scoping Document - EIS for 212 Project. MOTION: Anderson moved, seconded by Bentley, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II. PRESENTATION BY TOM C. WORTHINGTON, OUTDOOR RECREATION PLANNER AND ED CROZIER, REFU KANAM, ON THE PROGESS AND STATUS OF THE MINNESOTA V LLU • NATIONAL WILDLIFE REFUGE Ed Crozier and Tom Worthington presented a slide show and answered questions regarding the progress and status of the Minnesota Valley National Wildlife Refuge. Mayor Peterson thanked Crozier and Worthington on behalf of the Council for their presentation. III. MINUTES A. Regular City Council Meeting held Tuesday, November 5, 1985 MOTION: Bentley moved, seconded by Pidcock, to approve the Minutes of the Regular City Council Meeting held Tuesday, November 5, 1985, as published. Motion carried unanimously. • . i , • City Council Minutes -2- February 18, 1986 B. Special City Council Meeting held Monday, December 30, 1985 MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the Special City Council Meeting held Monday, December 30, 1985, as published. Motion carried unanimously. C. Regular City Council Meeting held Tuesday, January 7, 1986 MOTION: Bentley moved, seconded by Pidcock, to approve the Minutes of the Regular City Council Meeting held Tuesday, January 7, I986, as published. Motion carried unanimously. D. Special City Council Meeting held Wednesday, January 29, 1986 MOTION: Bentley moved, seconded by Pidcock, to approve the Minutes of the Special City Council Meeting held Wednesday, January 29, 1986, as published. Motion carried unanimously. IV. CONSENT CALENDAR A. Final Plat approval for Parkway Office Center (Resolution No. 86-28) B. Final Plat approval for Anderson Idlewild Addition (Resolution No. 86-29 k C. Final Plat approval for Spring Heights (Resolution No. 86-30) D. Clerk's License List E. Set Public Hearing for Street Name Change for West 78th Street (west of TN 169) for Tuesday, March 18, 1986 F. Metropolitan Development Investment Framework G. Grading Permit for Lake Eden North (south of Franlo Road and west of Preserve Boulevard) MOTION: Bentley moved, seconded by Pidcock, to approve.items A - G on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS A. RED ROCK HEIGHTS 3RD ADDITION by Jerry Halmrast and Bill Gilk. Request for Zoning District change from Rural to R1-13.5 on 6.4 acres, with shoreland variances to be reviewed by the Board of Appeals, and preliminary plat of 14 acres into 7 lots and 3 outlots. Location: southeast quadrant of Village Woods Drive and View Lane. (Ordinance No. 7-86 - rezoning from Rural to R1-13.5 and Resolution No. 86-27 - preliminary plat) City Council Minutes -3- February 18, 1986 City Manager Jullie stated notice of this Public Hearing had been published and property owners in the project vicinity had been notified. Ron Krueger, spokesman for the proponent, addressed the request. Planning Director Enger said this request had been reviewed by the Planning Commission at its meeting on January 27, 1986, at which time the Commission voted to recommend approval subject to the recommendations included in the Staff Report dated January 24, 1986, as well as resolution of the planning issues which were raised in the Staff Report. Director of Community Services Lambert stated there was no report from the Parks, Recreation & Natural Resources Commission due to the fact - the Commission had not met because of the President's Day Holiday. It was noted the Commission should review this request because of the continuation of the pathway through this property. The proponent would like to begin construction and would like to request the traiiway matter be resolved between 1st and 2nd Reading of the Ordinance, Pidcock asked who would be responsible for maintaining the trail. Lambert said the present trail was put in ten years ago and was not done to City specifications. The new trail would be maintained by the City and would be concrete. Anderson said he would like to hear what the Parks, Recreation & Natural Resources Commission has to say regarding the trail. Lambert said he had some concerns about the stairway. Pidcock asked at what point does the City become liable. She said she would like to see the trail kept open all the time. Bentley asked what impact the resolution of the trail would have on the plat. Enger said one of the options would impact the plat; changes of the type under consideration can be done after the preliminary plat is adopted and before the final plat is approved. Anderson asked the proponent if there is a real rush on this. Bill Gilk, one of the property owners, said he would like to have 1st Reading this evening; he said he was willing to work with Staff on this. Bentley said he was concerned that the Commission might recommend something entirely different from what Staff has suggested. He said he would like to wait to see what the recommendation of the Parks, Recreation & Natural Resources Commission is before taking any action. Pidcock said that five alternatives had been suggested; she did not want to see this matter held up. Anderson said he would like to see the plans for the entire trail system in this area - all the way from the Staring Lake connection. �;1 • City Council Minutes -4- February 18, 1986 MOTION: Bentley moved, seconded by Anderson, to continue action on this request to the March 4, 1986, Meeting of the City Council. Motion carried unanimously. B. CARDARELLE III AMENDMENT by Frank R. Cardarelle. Request for Zoning District Change from Office to C-Regional-Service on one acre for existing building. Location: northwest quadrant of Regional Center Road and Eden Road. (Ordinance No. 9-86 - rezoning from Office to C- Regional-Service) City Manager Jullie said notice of this Public Hearing had been published and property owners within the adjacent vicinity had been notified. Frank Cardarelle, proponent, addressed the request. Planning Director Enger stated the reason for the request was that the Guide Plan shows this as a Regional-Commercial use; Cardarelle could have requested this zoning when the proposal was originally before the Council. Enger said the Planning Commission recommended approval subject to the recommendations included in the Staff Report dated January 27, 1986. Enger noted the proponent has since submitted a site plan which shows revisions to grading and parking which do not conform with Staff recommendations; therefore, Staff cannot recommend approval at this time. Bentley asked if this was an economic decision. Cardarelle said he has been getting requests from printers, barbers, etc. to locate in this building. Bentley asked what the Ordinance presently allows in this zone. Enger said it allows for supporting commercial uses. Bentley asked if there were alternatives the City might use rather than rezoning the property. He said he believed the problem would be compounded should this be allowed. Bentley saiu he did not think this would be a good idea. Enger said perhaps the districts should be made more exclusive. Peterson asked if this would have been approved originally as it stands now. Enger said he believed the Planning Commission would have recommended approval. Peterson said he did not think it was the responsibility of the Council to determine the mix of uses. Redpath said the Council has approved a number of strip malls within this area; he wondered whether or not a 50/50 break in uses might be too high. Cardarelle said this would allow for flexibility. Bentley said he was concerned that the type of use would in that structure would change after the structure has been built which would in actuality be voting for a zoning change -- the Council would be endorsing the use. • City Council Minutes -5- February 18, 1986 Enger said the C-Regional-Service district allows 100% retail-service. Cardarelle can only squeeze enough parking for it to be 50/50. Enger said the City cannot be more restrictive than what the zone allows. Bentley said it seemed to him it was a marketing problem. He suggested perhaps an interim-use permit might be issued so the City would have some controls. Enger said the idea is not to create any permanency. Peterson asked if the use fits the area. Enger said he thought it did. Anderson asked if this was consistent with what has been done in the past. Enger said this has never been done before. There were no comments from the audience. • MOTION: Anderson moved, seconded by Pidcock, to close the Public Hearing and to give 1st Reading to Ordinance No. 9-86. Redpath said he believes there should be provisions made for some retail in an office building but he thought that a 50/50 split was too • much. Bentley said he believed the major function of that building should be for office use. VOTE ON THE MOTION: The motion failed with Bentley, Redpath and Peterson voting "no". MOTION: Redpath moved, seconded by Pidcock, to reconsider the previous motion. Motion carried with Bentley voting "no". MOTION: Redpath moved, seconded by Anderson, to reopen the Public Hearing and to continue action for two weeks, and to instruct Staff and Cardarelle to work together to resolve the situation. Motion carried with Bentley voting "no". C. CONSIDERATION OF TAX INCREMENT FINANCING DISTRICT NO. 10 (Resolution No. B6-32) AND REMOTION AUTHORIZING REQUEST TO -tERTrFY ASSESSED VALUE OF REAL-PROPERTY IN THE TAX INCRMC:NT FINANCTRG DISTRICT NO. 10 esolaionriTo. 86-31) ——— — — City Manager Jullie stated notice of this Public Hearing was published. City Attorney Pauly said this matter involves the establishment of Tax Increment Finance District No. 10. Pauly reviewed the proceedings to date involving this matter and entered into the record the following: City Council Minutes -6- February 18, 1986 } 1. Letter of August 26, 1985, to Mayor and City Council from the Larkin, Hoffman, Daly law firm; 2. Memorandum of October 25, 1985, from Planning Director Enger to the Planning Commission; 3. Planning Commission Minutes of Dctober 28, 1985 and the evidence introduced and described in those minutes; 4. Housing and Redevelopment Authority Resolution No. 85-02 together with the documents and reports of November 5, 1985, including the Redevelopment Plan and Tax Increment Financing District No. 10; 5. Resolution No. 85-243 of the City Council of Eden Prairie which approved the Redevelopment Plan and preliminary draft of the Tax Increment Financing Plan for Tax Increment Financing District No. 10, as well as the Minutes of those proceedings; 6. The buyer's settlement statement showing the purchase of the property for $150,000 with the purchase agreement dated November 19, 1985, as well as copies of the checks; 7. Preliminary closing statement; 8. Hearing draft of the Tax Increment Financing Plan dated January 1986; 9. Developer's Agreement dated August 20, 1985, between the City and Prairie Village Limited Partnership; 10. January 17, 1986, letter from John D. Frane to the Eden Prairie School District No. 272; 11. Letter from John D. Frane dated January 17, 1986, to School District No. 289; 12. Letter from John D. Frane dated January 17, 1986, to Hennepin County Board of Commissioners; 13. Resolution No. 86-01 of the Housing and Redevelopment Authority dated February 18, 1986. Woody Bjork, member of the Human Rights & Services Commission, said he had not heard any action taken by the Commission referred to in Pauly's referenced list. Bentley noted the reason is that this has to do only with the financing package for the project. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 86-32, ,Reasons and Facts Supporting Findings for Establishment of Proposed Tax Increment Financing District No. ID and the Adoption of a Tax Increment Financing Plan Relating thereto. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 86-31, requesting the County Auditor to Certify the Original Assessed Value of the Real Property within the Boundary of the Prairie Village Tax Increment Financing District No. 10. Motion carried unanimously. City Council Minutes -7- February 18, 1986 VI. PAYMENT OF CLAIMS NOS. 25381 - 25701 MOTION: Redpath moved, seconded by Bentley, to approve the Payment of Claims Nos. 25381 - 25701. Roll call vote: Anderson, Bentley, Pidcock, Redpath, and Peterson voted "aye". Motion carried unanimously. VII. ORDINANCES & RESOLUTIONS A. 1ST READING OF LAKE RILEY SURFACE USE ORDINANCE (Ordinance No. 8-86) City Manager Jullie stated this proposed Ordinance would establish a "slow no wake" zone extending 150 feet out and along the entire length of Riley Lake Park. It would also provide a designated water skier pick-up and drop-off area along the City-owned land. The DNR Staff has indicated preliminary approval of the proposed Ordinance with formal approval by the Commissioner to occur after the City adopts 1st Reading. Director of Community Services Lambert called attention to his memorandum of January 23, 1986, in which this matter was discussed. Anderson asked who would be responsible for enforcing the Ordinance. Lambert said it would be the Eden Prairie Public Safety Department and the Hennepin County Water Patrol. MOTION: Bentley moved, seconded by Anderson, to give 1st Reading to Ordinance No. 8-86, Amending City Code Chapter 9 by renumbering present Section 9.64 as 9.65; and by renumbering present Section 9.65 as 9.66; and by adding Section 9.64 relating to the Regulation of the Use of Riley Lake; and adopting by reference City Code Chapter 1 and Section 9.99, which, among other things, contain penalty provisions. Motion carried unanimously. MOTION: Pidcock moved, seconded by Bentley, to direct Staff to conduct a study to see about improving the safety of access to Riley Lake Park. Anderson noted this would be taken care of with th,e expansion of the park; this should be referred to the Parks, Recreation & Natural Resources Commission. Pidcock said she thought there should be an interim means to guarantee safety or some innovative way to provide parking. Lambert noted the Hendrickson property has been purchased by the City and that should help with the parking situation. Redpath stated this park is used by people from the entire metropolitan area; perhaps this should be one area where one must have a City permit to use the park. VOTE ON THE MOTION: Motion carried unanimously. ,.l City Council Minutes -8- February 18, 1986 B. RESOLUTION NO. 86-33 AMENDING FEE RESOLUTION NO. 86-01 City Manager Jullie stated there are two sets of amendments to the City's Fee Resolution proposed. The first set relates to building permit fees; the second set covers an amendment to the cash park fees. Redpath said he would like to know what the City charges for fees -- how much do the City's fees add to the cost of a house. Pidcock asked if a 5% fee increase in the Cash Park Fees could be justified. Lambert stated the fees are used to acquire and develop park property. He stated there has been more than a 5% increase in the costs of acquisition and development over the past two years. Lambert said Eden Prairie is the only community where there is not an automatic increase based on land costs as well as development costs. Anderson said he would like to see more trails built in the City. Lambert said some of the trail development would have to come via a bond referendum due to the expense of creek and railroad crossings. MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 86-33, adjusting portions of Resolution No. 86-01 regulating fees and charges for business licenses, permits and municipal services. Motion carried with Pidcock voting "no". VIII. PETITIONS, REQUESTS & COMMUNICATIONS A. Grading Plans at Flying Cloud Landfill This item was withdrawn at the request of the proponent. IX. REPORTS OF ADVISORY COMMISSIONS There were no reports. X. APPOINTMENTS A. BOARD OF APPEALS & ADJUSTMENTS - Appointment of 4,members for three- year terms commencing 3-1-86 The following names were placed in nomination: Hanley Anderson, William Arockiasamy, Steve Longman, and Lyn Oean. MOTION: Anderson moved, seconded by Pidcock, to close the nominations and to cast a unanimous ballot for the appointment of Hanley Anderson, William Arockiasamy, Steve Longman, and Lyn Oean to the Board of Appeals and Adjustments for three-year terms commencing 3-1-86. Motion carried unanimously. B. BUILOING CODE BOARD OF APPEALS - Appointment of 3 members for three- year terms commencing 3-1-86 T City Council Minutes -9- February 18, 1986 The name of Robert Lapic was placed in nomination. MOTION: Redpath moved, seconded by Pidcock, to close the nominations and to cast a unanimous ballot for the appointment of Robert Lapic to the Building Code Board of Appeals for a three-year term commencing 3- 1-86. Motion carried unanimously. Peterson said he would contact others who might be interested in appointment to this Board. C. DEVELOPMENT COMMISSION - Appointment of 3 members for three-year terms commencing 3-1-86 The name of Dort Opheim was placed in nomination. MOTION: Bentley moved, seconded by Anderson, to case a unanimous ballot for Don Opheim for appointment to the Development Commission for a three-year term commencing 3-1-86. Motion carried unanimously. The names of Dr. Jean Harris, Michael Dahle, Marcia Kolb, and Ann Youngdahl Boline were placed in nomination. Voting for Harris were: Anderson, Bentley, Pidcock, Redpath and Peterson. Voting for Dahle were: Anderson and Peterson. Voting for Ann Youngdahl Boline were: Bentley, Pidcock, and Redpath. Dr. Jean Harris and Ann Youngdahl Boline were appointed to three year terms on the Development Commission commencing 3-1-86. D. FLYING CLOUD AIRPORT ADVISORY COMMISSION OF EDEN PRAIRIE - Appointment of 2 members (1 representative of the Flying Cloud Businessmen's Association and 1 resident representative) for three-year terms commencing 3-1-86 The name of Les Lewis was placed in nomination. MOTION: Bentley moved, seconded by Pidcock, to appgint Les Lewis to a three-year term on the Flying Cloud Airport Advisory Commission of Eden Prairie commencing 3-1-86. Motion carried unanimously. The names of William Helker, Dennis Larson, and Allan Callander were placed in nomination. Voting for lielker were: Anderson, Pidcock, and Redpath. Voting for Larson was: Bentley. Voting for Callander was: Peterson. Helker was appointed to a three-year term on the Flying Cloud Airport Advisory Commission of Eden Prairie commencing 3-1-86. City Council Minutes -10- February 18, 1986 E. HISTORICAL & CULTURAL COMMISSION - Appointment of 3 members for two year terms commencing 3-1-86 The names of Philip Rohler, Adeline M. Bramwell, and James D. Mavison were placed in nomination. MOTION: Redpath moved, seconded by Pidcock, to close the nominations and to cast a unanimous ballot for the appointment of Philip Rohler, Adeline M. Bramwell, and James D. Mavison to the Historical & Cultural Commission for two-year terms commencing 3-1-86. Motion carried unanimously. F. HUMAN RIGHTS & SERVICES COMMISSION - Appointment of 3 members for three-year terms commencing 3-1-86 • The names of Elizabeth Kelly, Woodrow Bjork, William Jackson, Rod R. Olsen, Rosemary Finley, Gail Leipold, and Peter G. Iversen were placed in nomination. Voting for Kelly were: Anderson, Bentley, Pidcock, Redpath, and Peterson. Voting for Bjork were: Anderson, Bentley, Pidcock, and Peterson. Voting for Jackson were: Anderson, Bentley, Pidcock, Redpath, and Peterson. Voting for Olsen was: Redpath. Elizabeth Kelly, William Jackson, and Woodrow Bjork were appointed to three-year terms on the Human Rights & Services Commission commencing 3-1-86. G. PARKS, RECREATION & NATURAL RESOURCES COMMISSION - Appointment of 3 members for three-year terms commencing 3-1-86 The name of Pat Breitenstein was placed in nomination. MOTION: Redpath moved, seconded by Bentley, to cast a unanimous ballot for the appointment of Pat Breitenstein to a three-year term on the Parks, Recreation & Natural Resources Commission commencing 3-1- 86. Motion carried unanimously. The names of Karon Joyer, Brian Mikkelson, Rodney R. Olsen, Paul J. Becker III, and Jerry Kingrey were placed in nomimation. Voting for Joyer were: Bentley, Pidcock, Redpath, and Peterson. Voting for Mikkelson were: Bentley and Redpath. Voting for Olsen was: Anderson. Voting for Becker was: Peterson. Voting for Kingrey were: Anderson and Pidcock. There was a tie between Mikkelson and Kingrey. City Council Minutes -11- February 18, 1986 Voting for Mikkelson were: Bentley, Redpath, and Peterson. Voting for Kingrey were: Anderson and Pidcock. Karon Joyer and Brian Mikkelson were appointed to the Parks, Recreation & Natural Resources Commission for three-year terms commencing 3-1-86. H. PLANNING COtMIISSION - Appointment of 4 members (3 for three-year terms and 1 to fill an unexpired term to 2-28-87) The following names were placed in nomination: Rich Anderson, Charles Ruebling, Bob Hallett, Ed Schuck, Kevin Fitzgerald, Cheryl Ann Poling, Dwight Harvey, Pinky Bramwell, and Thomas Umhoefer. Voting for Anderson were: Anderson, Bentley, Redpath, and Peterson. Voting for Ruebling were: Anderson, Bentley, Redpath, and Peterson. Voting for Hallett were: Anderson, Bentley, Pidcock, Redpath, and Peterson. Voting for Schuck were: Anderson, Bentley, Pidcock, Redpath, and Peterson. Voting for Fitzgerald was: Pidcock. Voting for Poling was: Pidcock. Charles Ruebling, Bob Hallett, and Ed Schuck were appointed to three- year terms on the Planning Commission commencing 3-1-86. Rich Anderson was appointed to a one-year term on the Planning Commission commencing 3-1-86. I. HENNEPIN COUNTY BLOCK GRANT CITIZENS ADVISORY BOARD - Appointment of 1 representative for an indefinite term commencing immediately Peterson said he would continue to seek interested parties to fill this appointment. XI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Councilmembers 1. Pidcock - stated she had not been notified about the litigation concerning BFI. - requested City Manager Jullie respond to the allegations raised in Jan Calhoon's letter of resignation. 2. Peterson - reported that City Manager Jullie, Councilmember ledpath, Director of Public Works Dietz, and he had attended a meeting at which time the Report of BFI's consultant was presented. Peterson suggested the Council hold a special meeting at which time the full Council and residents could hear what BFI City Council Minutes -12- February 18, 1986 has to say about the Report. City Manager Jullie said he would suggest the City employ a consultant hydrologist to review the Report on behalf of the City; the cost of this would be about $3,000. Redpath recalled the last time the City had looked to employ a hydrologist most had some connection with BFI. MOTION: Bentley moved, seconded by Anderson, to authorize up to $3,000 to employ a consultant to review the Report prepared by the BFI consultant. Roll call vote: Anderson, Bentley, Pidcock, Redpath, and Peterson voted "aye". Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to set a Special Meeting of the City Council for Tuesday, March 11, 1986, at 7:00 p.m. in the High School Auditorium at which time the Landfill Report will be presented. Motion carried unanimously. Anderson suggested the City look to the University of Minnesota for a hydrologist. B. Report of City Manager 1. Transit Planning Activities Assistant to the City Manager Dawson addressed his memorandum dated February 11, 1986, in which this matter was addressed. MOTION: Bentley moved, seconded by Anderson, to authorize $10,000 for professional services for implementation of the Transit Alternative Demonstration Project Plan and direct Staff to execute a letter of understanding with the City of Chaska for these services; and that Staff and the City Attorney be directed to work on a joint powers agreement to create a transit commission which will provide transit service to the participating communities. Roll call vote: Anderson, Bentley, Pidcock, Redpath, and Peterson voted "aye". Motion carried unanimously. 2. Update on City Hall Site Selection Process City Manager Jul lie called attention to Director of Community Services Lambert's memorandum dated February 13, 1986, in which this issue was addressed. Lambert reviewed the process to date. Lambert said the City Needs Committee believed the referendum should be a single issue question of $13 million or less. If this could not be a single- issue question then the City Hall and fire station should be on the ballot in 1986; in 1987 the parks issue could be put before the voters. • City Council Minutes -13- February 18, 1986 Anderson asked if a city of 24,000 could justify another sheet of ice. Lambert said the City Needs Committee looked at that last year and said the City could support another sheet of ice. Lambert said the numbers showed that by 1990 100% of the ice would be used by Eden Prairie residents. Jullie stated that City Attorney Pauly's office has concluded that the City cannot have a single issue question. He said Staff would recommend that the Council continue with the May 6th date; that the referendum question include only the City Hall and fire station which would be consistent with the report of the City Needs Committee; and that the Council direct Staff to get a Request for Proposal for architects to study expansion of the Community Center. Jul lie said that during the next 30 days the architects will have available the full dollar amount necessary for both the City Hall and fire station and the Council could finalize the amount at its meeting on March 25th. MOTION: Redpath moved, seconded by Bentley, to abide by the results of the City Needs Study Committee; to instruct Staff to work with architects on a request for proposal regarding the expansion of the Community Center in 1987; to set May 6, 1986, as the date for the referendum; and to confine the referendum to the recommendations of the City Needs Study Committee which was for a City Hall and a fire station to be located in the southeast portion of the City. Peterson asked if there would be a possibility to link the various issues to be covered in a referendum. City Attorney Pauly stated that separate propositions must be placed on the ballot for each issue. Anderson said he would really like to see all four issues put before the voters this year; since that is not possible he said he would support Redpath's motion. Bruce Brown, 18195 South Shore Lane, said he would like to see a single-issue referendum covering all four items which have been discussed. Brown said he has been working towards expansion of the Comnunity Center and spoke to the needs for second sheet of ice. VOTE ON THE MOTION: Motion carried unanimously. 3. Discussion of Scoping Document - EIS for 212 Project City Manager Jullie said the EIS would cover several alternatives and not only the one which the City has chosen as the preferred alignment. Director of Public Works Dietz stated there will be a Public Hearing regarding this matter on February 26, 1986. The City has gone on record in the past as favoring the residential alignment. L City Council Minutes -14- February 18, 1986 1 C. Report of City Attorney City Attorney Pauly requested a closed-session meeting with the Council following the regular meeting this evening to discuss ..�, litigation pending before the City. D. Report of Director of Community Services 1. Request from Jim Boyce Director of Conmunity Services Lambert addressed his memorandum of February 3, 1986, in which this matter was addressed. MOTION: Redpath moved, seconded by Anderson, to direct Staff to obtain an appraisal of the Boyce parcel as a basis for structuring a favorable set of terms for acquisition of the property. Roll call vote: Anderson, Bentley, Pidcock, Redpath, and Peterson voted "aye". Motion carried unanimously. 2. Hydro/Geological Analysis of Purgatory Creek Recreation Area Director of Community Services Lambert spoke to-iris memorandum of February 13, 1986, in which this issue was addressed. MDTION: Anderson moved, seconded by Redpath, to accept the recommendation of Staff and to authorize the use of Cash Park Fees for the hydro/Geological Analysis of the Purgatory Creek Recreation Area by Hickok and Associates and to request the Riley Purgatory Creek Watershed District to consider funding 50% of this • study; should the Watershed District reject this opportunity, Staff is to come back to the Council for further review and • consideration. Motion carried unanimously. E. Report of Finance Director 1. Problems with Remote Water Reader Meters (continued from 2-4-86) Finance Director Frane spoke to the problem which was discussed in his memorandum of February 12, 1986. Peterson said he was opposed to forgiving water bills. City Attorney Pauly spoke to the problems of proof. He said the water bill does not go with the real estate; when ownership changes, the City must be able to prove the excess water was used by the person to whom the claim is being made. Redpath suggested the meters be read as a part of a building inspection should the City decide to make inspection mandatory when a home is sold. Pauly said the City has the right to go inside and read the meters now. City Council Minutes -15- February 18, 1986 Bentley said he thought the City should replace the problem meters and arrange some type of solution with the Neptune Company so the City would not suffer a loss of revenue as a result. The consensus was to explore the deferment issue further. MOTION: Bentley moved, seconded by Redpath, to replace the broken meters as soon as possible and to defer any deferments until further information is available. Motion carried unanimously. XII. NEW BUSINESS There was none. XIII. ADJOURNMENT The Council adjourned to a closed-special session to discuss matters of litigation with City Attorney Pauly. { ti 1 U+JAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 25, 1986 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock, and Paul Redpath CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, Planning Director Chris Enger, Director of Com- munity Services Robert Lambert, Recording Secretary Karen Michael PLEDGE OF ALLEGIANCE ROLL CALL: Councilmember Bentley arrived at B:25 p.m. I. APPROVAL OF AGENDA The following was added to the Agenda: III. B. Commend the efforts of the Girl's Gymanstics Team and the ma's Wrestling eam for winning their respective Regional titres fast week. MOTION: Anderson moved, seconded by Pidcock, to approve the Agenda as amended and published. Motion carried unanimously. II. OISCUSSION ON CITY HALL SITE SELECTION Peterson said tonight's discussion might not lead to the selection of a definite site for a City Hall, but the discussion might aid in eliminating some of the sites. Redpath concurred and stated the Council does not have enough information on one or two of the sites to make a final determination. City Manager Jullie summarized the data included in the,packet. Anderson said he would like to see a listing of the pros and cons of each site. MOTION: Anderson moved, seconded by Redpath, to confine tonight's discussion to Site #3 (Naegele site) and Site #7 (MST). Motion carried unanimously (Bentley had not arrived yet.) Director of Community Services Lambert reviewed materials in the packet pertaining to Sites 3 and 7. Comparative figures were shown on a blackboard. Anderson asked what the feeling of Staff is regarding the two locations. Jullie said he has suggested all along that all the City facilities be in close proximity; the MTS site best meets that need. Redpath said Staff • City Council Minutes -2- February 25, 1986 would have to get in a car no matter which of the two sites was chosen. Anderson noted that there would be a convenience factor with the MTS site in that Technology Drive would provide good access to all buildings. He also thought the aesthetic value of Site 3 was better. Pidcock supported Jullie and agreed there would be more efficient management with things in close proximity. Redpath said he still thought proximity was irrelevant. Anderson said consideration should be given to proximity if it was important to the City Manager. Bentley arrived at 8:25 p.m. Anderson said he was leaning towards the MTS Site. He said he thought the Council must consider what people will look out at as well as what the structure itself will look like. Planning Director Enger said he was concerned about being next to Flagship only because a City Hall would have to compete with the mass of Flagship. Bentley asked how the MTS Site related to the System D corridor. He also asked about the other uses in that area. Enger said the MTS Site would be close to, but not in, the System D corridor; Mn/DOT Staff is looking at the residential alignment for TH 212. Enger said a PUD has been approved for the MTS area and is known as the MIS Campus; buildings similar in scale to MTS were to have been included in this area. Peterson said consideration should be given to the location of a city hall vis-a-vis a government center. He said he thought the City would have more potential control with Site #3 than with Site #7 since Site #3 is in the Major Center Area whereas Site #7 is on the fringe. Redpath said the City has an obligation to the property owners who participated in the Master Plan for Purgatory Creek; that Plan led some to believe a city hall would be built in the Major Center Area. Pidcock asked why the Public Safety Building was built on Mitchell Road four years ago. Bentley said that location was close to the center of the City and had good radial access to all parts of the City. It was also determined to have good access to TH 212 whenever that might be built. Anderson said he had a preference for one site but could live with either. He said he liked the fact that it had been agreed upon that it would be built in the floodplain area. Bentley said he thought the idea of having the major park entrance on the east side was because that area would develop as a shopping district. He said he was less convinced that city hall has to impact the park plan. He said he did not think it had to be the core point of the park entrance. Bentley said he did not think Site #3 would be available for a very long time if it is not used for a city hall site. C 1T , City Council Minutes -3- February 25, 1986 Redpath said a city hall on Site #3 would strengthen whatever would be built on the east side of Prairie Center Drive. Lambert reviewed the Purgatory Creek Master Plan acquisition. Peterson expressed concern about the fact that not all property owners would be willing to donate land to the City for the park. Bentley asked what the potential is for development in the way of small businesses along Technology Drive to the east from Site #7. Enger said he thought of this as an area of high potential because of its visibility with businesses on the north side of Technology Drive having two frontages - one on Highway 5, the other on Technology Drive. The consensus was that Staff should come back to the Council with exact dollar figures as to the cost of each of the sites and with assurances from the property owners that the properties would be available for a city hall and would additional property be available to the City in the future. It was determined that cost would be a major but not the primary factor in making a determination. III. NEW BUSINESS A. Referendum Committee Peterson suggested a Referendum Committee of 30 or so people be appointed. It was noted that the School Bond Referendum Committee had been appointed by the Superintendent of Schools. The following names were suggested and these people will be contacted to see if they are interested and willing to serve on the Committee: Earl Raths, Jean Myers, Bob Lieb, Tom Myers, Russ Chance, Al Lyng, Dan Carlson, Jan McShea, Hakon Nyhammer, Burdell Wessells, Ed Schuck, Chuck Reubling, Walter Carpenter, Kent Barker, Rich Anderson, Bob Hanson, John Kiesow, Tom Redmond, Dr. George Tangen, Glenn Olson, Bill Pearson, Jesse Schwartz, Jr., Willie Emry, Carolyn Lyngdahl, Betty Stehmen, Gene Haberman, Pat Breitenstein, Jerry LaBarre, Curt and Jullie Evert, Liz Kelly, Jim and Mary Beth Buckman, Tom Faranda, Duane Pidcock, Tim Homes, Stan Johannes, and Rick Wolf. Lambert stated that everyone who served on the city Needs Study Committee had volunteered to serve also. Their names will be added to the list. Peterson said he would contact each of these people by letter inviting them to be on the Committee. Bentley and Redpath volunteered to speak on behalf of the referendum. • City Council Minutes -4- February 25, 1986 Peterson said sub-committees will be formed from the over-all committee focusing on budget, information, public relations, and a speakers bureau. B. Commend the efforts of the Girl's Gymnastics Team and the Boy's rein string;seam oar win i ng t eir respective Regional Titles Tait week MOTION: Anderson moved, seconded by Redpath, to have the Mayor send a proclamation on behalf of the City and the City Council to the Girl's Gymnastics Team and the Boy's Wrestling Team commending them for winning their respective Regional Titles last week. Motion carried unanimously. IV. ADJOURNMENT MOTION: Anderson moved, seconded by Redpath, to adjourn the meeting at I0:00 p.m. Motion carried unanimously. II J,f� • (UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL SPECIAL MEETING TUESDAY, MARCH 11, 1986 7:00 PM, HIGH SCHOOL AUDITORIUM 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 Attor- ney Roger Pauly, and Recording Secretary Karen Michael PLEDGE OF ALLEGIANCE RDLL CALL: All members were present. Mayor Peterson called the meeting to order and introduced members of the Council, City Manager Carl Jullie, City Attorney Roger Pauly, and Regional Landfill Manager John Curry. Peterson said this was an informational meeting. Peterson noted others in attendance including: Bruce Nelson, Minnesota Pollution Control Agency (MPCA); Luther Nelson, Hennepin County Department of Energy and Environment; Gertrude Ulrich, Metropolitan Council Representative; Ken Podpeskar, MPCA; John Rafferty, Metropolitan Council Staff; Dirk DeVries, Metropolitan Council Representative; Tom Worthington, Minnesota Valley National Wildlife Refuge; Steve Weiner, MPCA; Mark Zaban, Hennepin County Department of Energy and Environment; and Ed Monteleone, Hennepin County. Peterson thanked everyone for coming this evening. City Manager Jullie reviewed the format to be used: consultants review of the Report, comments by the City Councilmembers, comments from other officials, and comments by the general public. John Curry stated BFI had hired a consultant eight months ago to begin a project to identify the source of ground water contamination. Dr. Roy Ball, consultant, gave a general overview of the study using overheads. Ball stated the problem was discovered because of ground water samples. ,He said they have an understanding of how this occurred. Ball said they have concluded there is no threat to human health and welfare. He stated these conclusions were presented to the Minnesota Pollution Control Agency in mid-February. Ball said the plume line is artibrary; there is a detection-limit envelope. It is their contention that the plume line will continue to look like it does now with only seasonal changes. During the question and answer period Ball stated there was a higher level of fluorocarbons found than had been expected. The types found were freon 113 (a petroleum cleaner) and freon 12 (a gas at normal temperatures). These, Ball noted, are not regulated substances. Floyd E. Siefferman, Jr., 6997 Edgebrook Place, asked specific questions relative to the freons. )JJ 1 City Council Minutes -2- March 1I, 1986 Steve Weiner of the Pollution Control Agency said the review by that agency has not been completed. Questions were raised by Dave Belfrey, Pete Sedowski, Jerry Cooper, Louis Akes, Charles Koshenina, Raymond Rowe, Rob Erickson, Mary Delmo, Bob Twist, Wesley Davis, Tim Homes, and Bill Horbowy. Ball stated that there are no limits available as to the acceptable levels of contamination in drinking water (regarding the plume); there is nothing close to a complete set of standards for this. Ball noted that the plume is not a source of drinking water. Dr. Henry Brandt, 12300 Riverview Road, said he was not as much concerned with what is found right now but with what is potentially going to be found there. He said he is willing to listen, but not willing to believe. John Rafferty of the Metropolitan Council said permits for the expansion of the landfill are within the jurisdiction of the Minnesota Pollution Control Agency. Weiner said the MPCA is in the process of reviewing the consent order/remedial study. Ken Podpeskar, MPCA Staff, said everything is on hold right now until the Report and investigation are approved. Bruce Nelson, MPCA Staff, reviewed the possible timetable. Podpeskar noted the MPCA cannot issue a permit until there is a supplemental EIS which takes 120 days. Doug Larson asked what recourse the City would have if its consultant should disagree with the Report's findings. Jullie said the City would have input at the various hearings and meetings. Ball said the expansion area will be lined and will not create a plume or any additional leachate. Bentley stated the City Council is charged with protecting the health, safety and welfare of its residents. He asked if Ball could, beyond a reasonable doubt, say there would not be any contaminants from that landfill between now and 20B6. Ball said they are quite certain as to what is in the fill, he does not expect that quality to change as the character is not thought to change. Ball stated that any expansion of the plume will occur at a rate which will be known as this is under active observation. Ball said the area of the contaminant plume is 20 - 30 acres in size and it should not get significantly larger. He said the hydrology of the area will limit its growth. Ball stated the Landfill is not saturated. He said he does not foresee the endangerment changing and if that were to occur it would be caught because of the monitoring which is in place. Dick Nowlin, attorney for BFI, spoke to the Superfund Study and stated remedial action might include a cap, barrier well, or doing nothing. Mayor Peterson thanked the audience for its pointed, thoughtful questions. MOTION: Redpath moved, seconded by Pidcock, to adjourn the meeting at 8:47 p.m. Motion carried unanimously. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 15, 1986 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock, and Paul Redpath CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: VIII. A. 1. Update on proposed Housing Code; VIII. A. 2. Formation of a committee to recommend future uses for the existing City Hall; VIII. B. 3. Request from Landscape Products Center for pre- liminary grading approval. MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and Other Items of Business as published and amended. Motion carried unanimously. II. MINUTES A. Regular City Council Meeting held Tuesday, January 21, 1986 MOTION: Redpath moved, seconded by Pidcock, to approve the Minutes of the regular City Council Meeting held Tuesday, January 21, 1986, as published. Motion carried unanimously. B. Regular City Council Meeting held Tuesday, April 1, 1986 The following changes were made to the minutes: page 8, paragraph 5, sentence 1--change "guideline" to "a Guide Plan"; and sentence 2--change "a transition area" to "adequate transition." City Council Minutes -2- April 15, 1986 MOTION: Anderson moved, seconded by Bentley, to approve the Minutes of the regular City Council Meeting held Tuesday, April 1, 1986, as amended and published. Motion carried with Pidcock abstaining. C. Special City Council Meeting held Friday, April 4, 1986 The following changes were made to the minutes: page 2, sentence 1--change "personnel employee" to "Human Resources Director." MOTION: Redpath moved, seconded by Bentley, to approve the Minutes of the special City Council Meeting held Friday, April 4, 1986, as amended and published. Motion carried with Pidcock abstaining. III. CONSENT CALENDAR A. Clerk's License List B. 2nd Reading of Riley Lake Surface Water (Ordinance No. • 8-86) t, C. RED ROCK HEIGHTS 3RD ADDITION, by Jerry Halmrast and Bill Gilk. 2nd Reading of Ordinance #7-86, Zoning District Change from Rural to R1-13.5; Approval of Developer's Agreement for Red Rock Heights 3rd Addition; and Adoption of Resolution #86-67, Authorizing Summary of Ordinance #7-86 and Ordering Publication of Said Summary. 14 acres into 7 lots and 3 outlots. Location: Southeast quadrant of Village Woods Drive and View Lane. (Ordinance #7-86, Rezoning; Resolution #86-67, Authorizing Summary and Pub- lication) D. PROCLAMATION REGARDING VOLUNTEER RECOGNITION WEEK IN EDEN PRAIRIE E. FINAL PLAT, THE FARM Location: North side of Duck Lake Trail. west of 175th Avenue (Resolution No. 86-71) F. FINAL PLAT, AUTUMN WOODS 4TH Location: Adjacent to Dell Road, north of Railroad Tracks (Resolution No. 86-72) G. Receive petition for utilityand street improvements for Bluff Country PUD (Resolution No. 86-75) MOTION: Bentley moved, seconded by Redpath, to adopt items A-G on the Consent Calendar. Motion carried unani- mously. Yt, {• City Council Minutes -3- April 15, 1986 IV. PUBLIC HEARINGS A. DONNAY'S ROUND LAKE ESTATES by LAD Properties, Inc. Request for Planned Unit Development Concept Amendment from Low Density Residential to Medium Density Residential on 14.71 acres and Planned Unit Development District Re- view on 34.92 acres, Zoning District Change from Rural to R1-13.5 on 9.58 acres and from Rural to RM-6.5, with variances, on 14.71 acres and Preliminary Plat of 34.92 acres into 69 lots and one outlot. Location: North of Highway #5, south of Lorence Way and west of Atherton Way. (Resolution #86-48, PUD Concept Amendment; Ordi- nance #12-86, PUD District and. Rezoning; Resolution #86-49, Preliminary Plat) Continued from March 25, 1986 City Manager Jullie noted this request was continued from the March 25th meeting of the City Council. Mr. Mike Gair of Gair and Associates, representing the proponents, addressed the proposal. Planning Director Enger noted that this project was first reviewed by the Planning Commission at its January 27th meeting at which time it was continued to the February 24th meeting to allow time for revision to address concerns raised by the Commission and Staff. He noted that the question of density transfer off the central lowlands area was of particular concern to the Planning Commission. Enger stated that, at its February 24th meeting, the Planning Commission on a 6-0 vote recommended approval of the Guide Plan change from low density residential to medium density residential and, on a 4-2 vote, recommended approval of the rezoning requests and preliminary plat, subject to the recommendations of the Staff Reports of January 24 and February 21, 1986. Enger also noted that the Park, Recreation & Natural Resources Commission also reviewed the project and were particularly concerned with the preservation of the pond area. The Commission suggested that the road be moved to accommodate the pond area. Enger said that the proponent then further revised the plan to completely save the pond area, as shown on the most recent drawing of the proposal. Redpath asked about the status of the Chain-of-Lakes drainage study. Director of Public Works Dietz responded C City Council Minutes -4- April 15, 1986 that the Watershed District has completed the study and a report is due soon that will specify the proposed solu- tion for interconnecting the lakes and will include a cost estimate for the project. Redpath asked about the status of the decision on com- pleting Dell Road. Dietz responded that, while Chanhassen has a funding mechanism, the potential impact of the Hwy 5 realignment may result in a proposal this summer for an interim measure dealing with the Dell Road/Hwy 5 matter. Bentley asked about the area to the west of the project being zoned I-General. Enger replied that some of the area to the west will be developed as some type of multi- residential. Bentley then asked about the need for addi- tional screening or berming to the west of the project for the benefit of' the residents and if it would be appropriate to take action to initiate rezoning from I-General to rural for the area to the west. Bentley asked about the existence of an outlet for the pond and if it was adequate for overflow comditions. Bentley asked Mr. Gair about the purchase of the lowland area. A discussion of the density transfer question followed. Bentley noted that he felt density transfer was a significant issue and that he would be much happier with density transfer than with a Guide Plan change. Peterson noted that proponent is no longer requiring the density transfer concept. Anderson asked who had seen the revised plan so far since it had just been redone. He emphasized the need to have the plans available to the public for their reaction. Anderson asked about the existence of a,tree inventory. Enger said there was one. Pidcock asked about the plans for the trees. Mr. Gair pointed out tt{e location of trees to be saved on the plans and said that 59% of the trees would be preserved. A discussion of tree preservation followed. Mr. Don Uden, 7530 Atherton Way, presented a petition from area residents.(Attachment A) Peterson asked if the petition had been circulated prior to the current plan revision. Mr. Uden said it had been circulated before the latest revision. Mr. Uden showed slides of the area. A photograph of the pond area was circulated among the councilmembers. (Attachment B) • City Council Minutes -5- April 15, 1986 Mr. Chris Geason, 7470 Atherton Way, expressed his con- cern about the hazards of increased traffic. He also noted that it would be necessary for residents of the project to drive through a low density residential area to get to a medium density area. Mr. Dick Thon, 7550 Atherton Way, expressed his concern with the impact the project would have on the area, particularly the grading in the pond area. He noted the potential of cracking the seal and causing the pond to drain. Mr. Rod Olsen, 7610 Heritage Road, distributed a list of residents' concerns regarding the project, a map and a marked copy of Chapter 11 of the City Code. (Attachment C) He stated the need for assurances to the property owners adjoining the pond area as to what effect the changes to the pond will have on their property. He also expressed concern about the lack of planned amenities for the neigh- borhood causing increased use of the Round Lake facilities. Mr. Mike Derickson, 7491 Atherton Way, noted his concern about changes in the pond and about traffic in the area, particularly on Evener Way. He also noted his concern about preserving the unique wildlife in the area. Mr. Jim Brost, 17431 Evener Way, stated that his greatest concern is with the density issue, that property owners had purchased in the area with the assumption that the area to the west would remain low density. He also ques- tioned the impact of multi-family units on Eden Prairie's sewer allotments. Planning Director Enger said that the agreement with the Metropolitan Council calls for the City not to exceed a certain amount of sewer flow by the year 2000, based on population estimates. Enger said it could be a problem if the population growth exceeds the estimates for the year 2000. Ms Mary Bissen, 17613 Lorence Way, commented on her dis- satisfaction with the proposed multi-family project. Mr. Hal Yeager, 17609 Lorence Way, stated his concern with one very large oak tree on his property that is threatened by the proposed sewer routing. Mr. Eugene Peterson, 7443 Hames Way, commented on the potential problems with drainage into Round Lake from the surrounding developments. He suggested that a storm sewer City Council Minutes -6- April 15, 1986 fee be charged to developers to avoid the cost of the Chain-of-Lakes proposal being passed on to the taxpayers. Mr. Rod Olsen stated his concern with the multi-unit development trend creating a wide range of property values in the area. Pidcock asked about the adequacy of roads in the area and if there were alternate ways to get into the project. Director of Public Works Dietz commented that Evener Way will probably be the primary traffic conduit in view of its location and construction as a collector-type facility. Pidcock asked about the impact of the pond area on existing property. Dietz noted that he would not recommend moving the pond closer to the existing homes on the east. Discus- sion of disturbing the seal of the pond and extending the pond area followed. Dietz said it would be possible to determine the effects of enlarging the pond as well as whether the seal would be broken by excavation. Peterson said that any approval of the project should be contingent on the determination of the effects of enlarging the pond area. Anderson noted his primary concern was that consideration be given to area residents' reactions to the extension of the pond. He recommended that the project be returned to Staff for more consideration of the density and pond development issues. Bentley noted that density transfer has never been used as a subsidy for developers, but rather as a common development tool for the City of Eden Prairie. He also stated his concern about the stability of the pond and the pond outlet, particularly in regard to the potential for flooding. He then stated that he believed it is a very good project and that it makes a good transition. MOTION: Pidcock moved, seconded by Anderson, to continue this item to the May 6th meeting of the City Council to allow time for staff to review the questions regarding the pond area and the question of density transfer. Motion carried unanimously. Mr. Olsen asked that the area residents be kept informed of developments in the project until the May 6th meeting. Anderson noted that he believes it is important to have staff investigate the best use of the major floodplain area before any more decisions are made on it. l l City Council Minutes -7- April 15, 1986 B. THE RIDGE by Dirlam Development. Request for Planned Unit Development Amendment Review of 152.4 acres, Zoning District Change from Rural to R1-13.5 on 8.32 acres, and Preliminary Plat of 10.42 acres into 17 single family lots and one outlot. Location: Northwest of Kilmer Avenue, west of Atherton Way. (Resolution #86-68, PUD Concept Amendment; Ordinance #19-86, Rezoning from Rural to R1-13.5; Resolution #86-69, Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and affected property owners had been notified. Mr. Vince Dirlam of Dirlam Development, the developers of the project, addressed the proposal. • Planning Director Enger said that this project was reviewed by the Planning Commission at its March 24th meeting. On 7-0 votes the Commission recommended approval of the PUD amendment and the rezoning from rural to R1-13.5 Zoning District Change as well as the Preliminary Plat, subject to the recommendations of the Staff Report dated March 21st. Recommendations in the Staff Report included revising the Preliminary Plat so that the entire project could be rezoned to R1-13.5 and including trails along the north and west. Pidcock asked about the planned location of the trails and what the street name would be. Anderson asked about how the trails would fit into the existing trailway system. Enger pointed out the trail system on the plans. Mr. Rod Olsen, 7610 Heritage Road, asked about plans for both a sidewalk and a pathway system. Mr. Dirlam said it would be path only. Mr. Olsen then expressed his concern about the effect of construction traffic on the existing streets. Enger mentioned that there is an existing drive- way off Hwy 5 that might serve for construction traffic. Director of Public Works Dietz noted that a bond probably would be required for possible damage from construction traffic because the neighborhood streets are posted for four ton only. Mr. Bob Wagner, 7450 Hames Way, suggested that the two • developers, Donnay and Dirlam, could share the expense of building an access road for the construction traffic. MOTION: Redpath moved, seconded by Pidcock, to close the Public Hearing and to adopt Resolution No. 86-68 approving • City Council Minutes -8- April 15, 1986 The Ridge PUD Concept Amendment to the overall Ckb§cent Ridge PUD. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to give 1st Reading to Ordinance No. 19-86. Motion carried unani- mously. MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 86-69, approving the Preliminary Plat of The Ridge for Dirlam Development. Motion carried unani- mously. MOTION: Redpath moved, seconded by Pidcock, to direct staff to prepare a Developer's Agreement as recommended by the Planning Commission and staff and including the recommendation regarding a driveway for construction access. Motion carried unanimously. C. CARDARELLE III AMENDMENT by Frank R. Cardarelle. Request for Zoning District Change from Office to C-Regional- Service on one acre for existing building. Location: Northwest quadrant of Regional Center Road and Eden Road. (Ordinance #8-86, Rezoning) Continued from February 18, March 4, and March 25, 1986, meetings. City Manager Jullie noted that this request was continued from the March 25th meeting of the City Council. Planning Director Enger noted that agreement had been reached between Mr. Cardarelle and Staff regarding terms of the restrictive covenant suggested by the City Council at its March 4th meeting. He said the terms of the cove- nant would restrict a commercial use for no greater than 50% of the building and only on the first floor of the building. He further noted that the restrictive covenant is now in draft form but should be in final form by the time of the 2nd Reading. Mr. Frank Cardarelle was present to answer questions. There were no comments from the audience. MOTION: Redpath moved, seconded by Pidcock, to close the Public Hearing and to give 1st Reading to Ordinance No. 8-86 for rezoning from Office to C-Regional-Service. Motion carried with Bentley voting "no". MOTION: Redpath moved, seconded by Anderson, to require that the restrictive covenant be executed prior to 2nd i City Council Minutes -9- April 15, 1986 Reading of Ordinance No. 8-86. Motion carried with Bentley voting "no". D. TOUCH OF CLASS INTERIORS by Kate and Craig Halverson. Request for Comprehensive Guide Plan Amendment from Low Density Residential to Office,and Zoning District Change from Rural to Office for an interior design studio. Location: Southwest quadrant of County Roads #1 and #18. (Resolution #86-50, Comprehensive Guide Plan Amendment; Ordinance #14-85, Rezoning) Continued from March 25, 1986 City Manager Jullie noted that this item had been con- tinued from the March 25, 1986, meeting of the City Council. Ms Kate Halverson and Mr. Fred Hoisington addressed the proposal. Planning Director Enger noted that the Planning Commission, after considering the item at both their February 10 and February 24, 1986, meetings, recommended the denial of the request for a Comprehensive Guide Plan Amendment from Low Density Residential to Office. He also noted that the Planning Commission was not convinced that the best future use of the property would be as an office. Enger called attention to the Staff Reports of February 7 and February 21, 1986, that reviewed the proposal. He also reviewed the use planned for the surrounding proper- ties in Bloomington and Eden Prairie and the current plans for upgrading County Road #18. Enger further noted that the Planning Commission was sympathetic to the existing use of the property but realized that issuing an Interim Use Permit for use as an office would require an amendment to the City Code. Bentley asked about the expected road alignments in the area and possible commercial areas created in the front- age areas. A discussion of road alignment and the develop- ment of neighborhood commercial areas followed. Pidcock questioned the possible pressures created on the only office in a commercial area. Enger noted that the pressures at the intersection would be primarily commer- cial with service-type offices. Peterson said that he felt there had to be compelling reason in order to change the Comprehensive Guide Plan. • City Council Minutes -10- April 15, 1986 He noted that the best use of the land may not be deter- mined until the road alignment issue is resolved, thus he felt that the concept of an interim use of the property might be the best solution. Bentley reiterated that an interim use permit would require a Code change and commented that such a permit might open a "Pandora's box." He asked why the Guide Plan change had become such an issue in view of the very small proportion of the total project requested as office space. He mentioned past examples of multi-family areas becoming mixed use areas. Redpath expressed his concern for the Munsons if the interim use permit is approved. Peterson asked what the potential acreage in the area for office development would be. Enger said that the immediate area would be about 2.5 acres or about 30,000 square feet, but he felt the potential for the surroun- ding area was quite a bit more. Redpath asked about the possibility of a letter of intent from the Halversons to show that they do not plan to enlarge the existing office area. Ms Halverson said that they would agree to that. Enger noted that, after conferring with City Attorney Pauly, there could be no vote by the Council on the zoning issue because the Planning Commission had acted only to deny the request to change the Comprehensive Guide Plan and had not acted on the zoning request. Bentley asked about the possibility of referring the issue back to the Planning Commission for another review of the Comprehensive Guide Plan change and the rezoning issue and continuing the item to the next City Council meeting. MOTION: Bentley moved, seconded by Anderson, that the issue be continued until the April 29th meeting of the City Council to allow further review by the Planning Commission and staff. Motion carried with Peterson voting "no". E. OLYMPIC HILLS 7TH ADDITION by Olympic Hills Land Corpora- tion. Request for Zoning District Change from Rural to • City Council Minutes -11- April 15, 1986 R1-13.5 on 1.05 acres for construction of three single family homes. Location: 10602, 10632, 10662 Mount Curve Road. (Ordinance #13-86, Rezoning) Continued from March 25, 1986 City Manager Jullie noted that this item had been con- tinued from the March 25th meeting. Mr. David Van House, attorney for the proponent, was available to answer questions. Planning Director Enger noted that the Planning Commission had reviewed this item at its February 24, a986, meeting. He also noted the Staff Report on the project dated February 21. He stated that the Planning Commission had recommended approval on a 6-0 vote. There were no comments from the audience. MOTION: Redpath moved, seconded by Pidcock, to close the public hearing and to give 1st Reading to Ordinance No. 13-86 for rezoning. Motion carried unanimously. F. HOLAND ADDITION by David V. Holand. Request for Zoning District Change from Rural to R1-13.5 on two acres and Preliminary Plat of two acres into five single family residential lots. Location: Southwest corner of Creek- ridge Drive and Bennett Place. (Ordinance #20-86, Re- zoning from Rural to R1-13.5; Resolution #86-70, Prelimi- nary Plat) City Manager Jullie stated notice of this Public Hearing had been published and affected property owners had been notified. Mr. Frank Cardarelle, representing the proponents was available to answer questions. Planning Director Enger noted that this item had been reviewed by the Planning Commission at its March 24, 1986, meeting, at which time the Commission recommended approval on a 6-0 vote. He also noted the Staff Report dated March 21 that reviewed the project. There were no comments from the audience. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and give 1st Reading to Ordinance No. 20-86 for rezoning. Motion carried unanimously. v ` l • City Council Minutes -12- April 15, 1986 MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 86-70, approving the preliminary plat of Holand Addition for David V. Holand. Motion carried unani- mously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Developer's Agreement as recommended by the Planning Commission and Staff. Motion carried unanimously. G. CITY WEST BUSINESS CENTER 3RD ADDITION by Ryan Construc- tion. Request for Planned Unit Development Amendment Review on 15.91 acres, Zoning District Change from I-2 Park to Office on 6.3 acres for construction of a 69,500 square foot office building. Location: North of Shady Oak Road, west of City West Parkway. City Manager Jullie noted that the proponent has requested a continuance of one month to allow more time for evalua- tion of the project. MOTION: Bentley moved, seconded by Anderson, to continue the City West Business Center 3rd Addition item to the May 20th meeting of the City Council. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 26450 - 26703 MOTION: Bentley moved, seconded by Pidcock, to approve the Payment of Claims Nos. 26450 - 26703. Roll call vote: Anderson, Bentley, Pidcock, Redpath and Peterson voted "aye". Motion carried unanimously. VI. PETITIONS, REQUESTS & COMMUNICATIONS A. Request by Wendell A. Phillippi for Flood Plain and Shoreland Management Review for three bridges over Purgatory Creek. Location: Riverview Road. Planning Director Enger noted that this request had been reviewed by the Planning Commission, the Park, Recreation & Natural Resources Commission and the Watershed District. He also noted the Staff memo of February 27, 1986, and the pictures of the three bridges in question that were included in the Council material. He noted that the Watershed District review had determined that the bridges would not impact the floodplain capacity. Enger stated that the Planning Commission had voted unanimously to recommend approval of the bridges on condition that the City not be responsible for potential damage to the • City Council Minutes -13- April 15, 1986 structures or for liability involving injury from the structures. MOTION: Redpath moved, seconded by Bentley, to approve the placement of the bridges subject to the condition that the property owner agrees the City will be held harmless with respect to any liability involving injury from or to the structures. Motion carried unanimously. B. High School Athletic Field Development City Manager Jullie noted this item is a recommendation from the Park, Recreation & Natural Resources Commission to approve the development plan of the athletic fields on school property and to consider assisting the School District with the project by contributing $50,000 to the construction costs. The Commission further recommended that the funds be taken from cash park fees. Jullie noted the memorandum from Director of Community Services Lambert dated April 2, 1986, that reviewed the proposed development and included a copy of a letter of explanation dated March 26, 1986, sent to Round Lake Park area residents. Mr. Paul Fjare reviewed the proposed development. Anderson asked why there was no gate in the proposed fence to allow for retrieval of balls. Fjare replied that it was to restrict parking along North Hillcrest Court. Anderson suggested that "No Parking- signs could be used to restrict parking. John Pollock, III, 16420 No. Hillcrest Ct., stated that he was representing 27 neighbors in the area. He noted his main concern was with the city usage of the fields, not the School District usage, in that he believed the city usage would be more intensive than the school's would be. He also noted concern for the potential prob- lems with lighted fields and "No Parking" signs restricting the residents' parking. He said that they would like some kind of plan for use including a definition of hours and the age groups expected to use the fields. Anderson noted the long-standing policy to work jointly with the School District to get maximum use of the ath- letic fields and recreation facilities. • City Council Minutes -14- April 15, 1986 ( • Redpath asked if Mr: Pollock was aware of the athletic field development when he purchased his home. Mr. Pollock said he was aware the School District planned to develop it. Mr. John Pollock, 16460 No. Hillcrest Ct., noted his concern about the proposed development causing noise and traffic problems like those at Round Lake. He also was concerned about the more intense use as a city facil- ity and the potential use of alcoholic beverages on the fields. Anderson noted that the use of alcoholic beverages is prohibited on school property. A discussion of the age groups that would be using the facilities and control of the use of alcoholic beverages on the facilities followed. Anderson said that he believed the Council should not put restrictions on the School's property. Pidcock stated that she is opposed to building all ath- letic fields rather than other recreation facilities. Further discussion of the fence and gate question ensued. Peterson requested that Mr. Fjare pursue the fence issue with the School District. MOTION: Bentley moved, seconded by Redpath, (1) to approve the request to contribute $50,000 from cash park fees for the proposed development of the athletic fields; (2) that, in regard to the city activities (not the school activities) on the fields, the Council direct staff to limit all adult usage to the southern fields and to limit all use to the southern fields to the maximum extent possible; and (3) request staff to report back in one year with the status of usage and problems with the fields. Roll call vote: Anderson, Bentley, Redpath and Peterson voted 'aye.,. Pidcock voted "no". Motion carried. • VII. REPORTS OF ADVISORY COMMISSIONS There were none. VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Update on Proposed Housing Code City Manager Jullie noted that this proposal had been reviewed by the Human Rights & Services Commission 1J • City Council Minutes -1$- April 15, 1986 at their meeting Monday, April 14, 1986. He said that he expected the Commission to return a draft of the Housing Code to the Council along with pro- cedures for its use. 2. Formation of a Committee to recommend future uses for the existing City Hall MOTION: Pidcock moved, seconded by Anderson, that staff prepare and have published in the community an invitation for nine persons to serve on a Facility Committee to recommend possible future uses for the existing City Hall. Motion carried unanimously. B. Report of City Manager 1. Concept approval on Refinancing Plan for Rogers by SWSCC and Member Cities City Manager Jullie reviewed the request by Rogers Cablesystems for approval of a refinancing plan and the schedule of proceedings by Southwest Suburban Cable Commission and member cities. MOTION: Redpath moved, seconded by Anderson, to accept the recommendation on the schedule of pro- ceedings and to schedule a Public Hearing on the issue for May 6, 1986. Motion carried unanimously. 2. Authorize expenditure of funds for joint lobbying efforts for MDIF (Metropolitan Development and Investment Framework) Continued from April 1, 1986 Planning Director Enger noted that there should be more information available at the April 29th meeting after the revised draft of the MDIF' has been reviewed. Peterson said he believed that our needs and concerns are dissimilar to others in the southwest area com- munities and that these differences will not be perceived when we are part of a lobbying effort. Bentley said he believed that we have some common interests and needs with the southwest group but that we may be better served in pursuing our own independent lobbying efforts. A discussion of the advantages of involvement in the southwest group and the purpose of the group followed. ii City Council Minutes -16- April 15, 1986 MOTION: Bentley moved, seconded by Anderson, to continue the issue to the April 29th meeting and to direct staff to develop recommendations to which the Council can respond. Motion carried unanimously. 3. Request from Landscape Products Center for Preliminary Grading Request. City Manager Jullie noted the 2nd Reading on this issue will not be scheduled until April 29th and so they are requesting an early grading permit. MOTION: Redpath moved, seconded by Anderson, to approve the request from Landscape Products Center for prelimi- nary grading with the understanding that they proceed at their own risk should the 2nd Reading not be approved. Motion carried unanimously. C. Report of City Attorney City Attorney Pauly questioned the effect on any continued items of rescheduling the April 22nd meeting to April 29th. Planning Director Enger said that only the Douglas Corp. item had been continued to April 22nd and that item had been republished. D. Report of Director of Public Works 1. Award contract for 1986 Seal Coating, I.C. 52-091 (Resolution No. ff6-73) Director of Public Works Dietz noted the memorandum dated April 11, 1986, to the Council summarizing the bids. MOTION: Bentley moved, seconded by'Redpath, to adopt Resolution No. 86-73, accepting bid for 1986 seal coating. Motion carried unanimously. 2. Award contract for 1986 Water Meter Purchase, I.C. 52-092 (Resolution No. 86-74) Director of Public Works Dietz noted the memorandum dated April 11, 1986, to the Council summarizing the bids. MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 86-74 accepting bid for water meters. Motion carried unanimously. City Council Minutes -17- April 15, 1986 IX. NEW BUSINESS There was none. X. ADJOURNMENT MOTION: Redpath moved. seconded by Pidcock, to adjourn the meeting at 12:15 AM. Motion carried unanimously. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-76 A RESOLUTION APPROVAL FINAL PLAT OF TIMBER CREEK WOODS SECOND ADOITION WHEREAS, the plat of Timber Creek Woods Second Addition submitted in the manner 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 Timber Creek Woods Second Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated April 22, 1986. B. Variance is herein granted from City Code 12.20, Subd. 2. A., waiving the six month maximum time elapse between the preliminary I approval date of the P y 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 complaince with the foregoing provisions. ADOPTED BY THE CITY COUNCIL ON APRIL 29, 19B6. Gary D. Peterson, Mayor ATTEST: SEAL John 0. Frane, City Clerk fi 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 xe DATE: April 22, 1986 SUBJECT: TIMBER CREEK WOODS SECOND ADDITION PROPOSAL: The developer, B-T Land Company, has requested City Council approval of the final plat of Timber Creek Woods Second Addition, a single-family residential plat located north of Duck Lake Trail and west of County Road 4 in the North 1/2 of Section 5. The plat contains 87 lots and one outlot located within approximately 35.38 acres. Outlot A contains .05 acres intended for dedication to the City for park access purposes. HISTORY: The preliminary plat was approved by the City Council on August 16, 1983, per Resolution 83-204. The final plat as submitted is intended as Phase II and conforms with the overall preliminary plat. Zoning to R1-13.5 and R1-9.5 was finally read and approved by the City Council on September 20, 1983, per Ordinance No. 41-83. The Developer's Agreement referred to within this report was executed on September 20, 1983. VARIANCES: Variances to be allowed are described in Ordinance No. 41-83. A variance from the requirements of City Code 12.20, Subd. 2. A., waiving the six-month 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. UTILITIES AND STREETS: Municipal utilities and streets will be installed throughout this addition in conformance with City Standards. The street name "Haven Lane" conflicts with a name currently used and must be revised. The new name must be approved by the Director of Public Works and shown on the plat prior to release. PARK DEDICATION: f The requirements for park dedication are covered in the Developer's Agreement. Outlot A is to be dedicated to the City for park access purposes concurrent with recording the final plat. BONDING: The requirements for bonding shall conform to City Code and Developer's Agreement requirements. RECOMMENDATION: Recommend approval of the final plat of Tinter Creek Woods Second Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street sign fee in the amount of $585.00. 2. Receipt of street lighting fee in the amount of $9,216.00 3. Receipt of engineering fee in the amount of $3,480.00. 4. Receipt of Warranty Deed for Outlot A. 5. Revision of street name. 6. Satisfaction of bonding requirements. 7. Approval of plans and specifications for improvements. DLO:km cc: Rick D. Murray Dale Beckmann • r /44 A ,w', 111/4' ,,,,,,,„ : ,, ,,,, ,,,:, ,y , Ill EDEN PRAIRIE SCHOOLS Gera istrL.McCoy ' Superintendent April 25, 1986 Telephone:(612)937-1650 Mayor Gary Peterson Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Gary: We appreciate the City's willingness to grant a continuance on the Douglas Corporation's property. I would like to report that our district no longer has an interest in a major portion of the Douglas Corporation's property with the condition that the school district is able to satisfactorily nego— tiate with the Douglas Corporation the sale of at least 4 acres of land adjacent to the future Research Road. At least 4 acres of the Douglas Corporation's property will be required by the school district in order to make the site under consideration adequate } ( in size for the district's needs. The school district is currently negotiating for a piece of property adjacent to the Douglas Corporation, and it appears that these negotiations are currently progressing in a satisfactory manner. Sincerely yours, , L.t) eraldcCoy Superintendent ,. GLM:bg cc: Merle Gamm Jack VanRemortel Rick Wolf John Roszak Fred Hoisington NOTE: STAFF WILL PRESENT A SITE PLAN FOR THIS ITEM AT THE MEETING TUESDAY EVENING, SHOWING A SMALL SLIVER OF LAND ALONG RESEARCH ROAD FOR A SCHOOL SITE IN THE FUTURE. Eden Prairie Schools 8100 School Road Eden Prairie,MN 55344 qz, 7 touch OP doss �NT�R1O R9 April 17, 1986 Mayor Gary Peterson City Council Members City of Eden Prairie Eden Prairie City Hall 8950 Eden Prairie Rd Eden Prairie, MN 55344 Dear Mayor Peterson and City Council Members, We would like to assure you that our plans for the property located at 10280 County Road 18, Eden Prairie are as proposed in the Touch of Class Interiors Request for Guide Plan Amendment and Rezoning. We plan to enhance the exterior of the existing structure archtec- turally by decking, screening, trellising and a new main entrance. We currently have no other plans for development of the property. We also understand that we will be entering into a Developers Agreement with the city which will detail the development. Sincerely, Kate and Craig Halverson CWH/mels 10280 County Road 18/Eden Prairie.MN 55344/Phone 612-941-3023 529 South 7th St./Minneapolis.MN 55415/Phone 612.339.8511 MEMORANDUM TO: Mayor and City Council FROM: Chris Enger, Director of Planning THROUGH: Carl J. Jullie, City Manager GATE: April 24, 1986 SUBJECT: Revised MDIF (Metropolitan Development and Investment Framework) At the meeting of April 15, 1986, members of the City Council expressed concern regarding the possibility of the City participating with the Southwest Area Communities group in a paid lobbying effort of the Metropolitan Council regarding the newly proposed Metropolitan Development and Investment Framework. At that meeting, the Council was made aware that those being considered by the group for this lobbying effort were Don Brauer and Dick Nowlin (Larkin, Hoffman). The Council expressed concern about two items: the individuals involved (due to a potential conflict of interest with the Larkin, Hoffman firm) and the idea of using a professional paid lobbyist to lobby an appointed group, which would give the Metropolitan Council status equal to the State Legislature, and which may not be appropriate. The Southwest Area Communities staff representatives met Thursday, April 17, 1986, at which time I expressed the Council's concerns and I indicated to them that Eden Prairie may not be able to participate in the joint lobbying effort. Since that time, the communities have visited with both Dick Nowlin and Don Brauer and have decided not to engage either. The group felt that it would not be appropriate to engage the Larkin, Hoffman firm because of Eden Prairie's concerns. Upon approaching Mr. Brauer about lobbying on his own, or lobbying with other groups, he voiced a concern about lack of time and potential progress teaming up with other lobbyists. Meanwhile, the group felt that there was still merit in visiting with other lobbyists and had talked with John Boland, previous member and chair of the Metropolitan Council, who has established and retained many,contacts and influences at the Metropolitan Council and with state legislators. Mr. Boland indicated that he could accomplish the lobbying effort as outlined 'by the Southwest Area Communities for about $7,000.00. The Southwest Area Communities staff representatives met again on Thursday, April 24, 1986, after we had received the revised MDIF and had an opportunity to review it. I again raised the concern on behalf of the Eden Prairie City Council about our participation in the formal lobbying effort. The Southwest Area Communities are very desirous of retaining Eden Prairie in the effort and reserving the joint areas of concern of all the communities. I indicated that I would have to again review the direction that the Southwest Area Communities would like to take at this point with the Eden Prairie Council before I could offer any sort of commitment on behalf of Eden Prairie. The committee would like to draft a short summary position statement emphasizing three areas of concern, which are: The MDIF should incorporate additional flexibility. This would take the { form of a re-evaluation of the document after the sewer and transportation elements had been drafted, reviewed, and adopted, in order to assure that the policy document did not operate blindly, without regard for actual work elements of the plan, and that it would work in practical application. There should be accountability and equity in the Metropolitan Council's policy of trying to force growth in areas which currently have sewer and transportation capacity versus a more market-oriented philosophy of providing services where people wish to live and work. The priority system that the Metropolitan Council has identified does not take into account at this time whether there would be enough funding to go beyond the needs of the Minneapolis-St. Paul Metropolitan Area in maintaining their existing infrastructure. This knowledge clearly needs to be obtained prior to formally adopting a priority system. Although the new MDIF proposal is, in some ways, better to Eden Prairie's position, it is such a broad document that it seems to allow the Metropolitan Council to respond to many different situations in unforeseeable ways. This causes the Staff some concern. However, the following items have been changed in the current draft of the MDIF: 1) Eden Prairie's population forecast for the year 1990 has been changed from 32,000 to 36,000, which is in line with Eden Prairie's current forecast. The MDIF year 2000 forecast has been changed from 43,000 to 45,000, which is fairly consistent with the Eden Prairie estimate of 46,000 people. However, the difference between the Metropolitan Council's previous 1990 forecast and year 2000 forecast was 11,000 people. It is obvious that we experiencing an acceleration of growth at this time. It is not clear, however, that this should in any way drain the potential growth expected after 1990. It seems reasonable to expect that Eden Prairie may wish to further discuss the rationale for adding the previous 11,000 population difference between the year 1990 and the year 2000 as projected by the Metropolitan Council to their current 1990 population estimate of 36,000, thus giving us a projected year 2000 population of 47,000 people. Another item of importance to be clarified is whether the Metropolitan Council will now change the sewer allocation of 4.93 mgd (million gallons per day) in Eden Prairie for the year 2000, since it was based on the previous population forecast of 43,000 people. 2) Part of Eden Prairie (the Smetana Lake Industrial area) has been included as a Regional Business Concentration. These areas are included as priorities for providing service in the MDIF. However, none of the Major Center Area, nor the Industrial area west on Highway #5, has been included in the Regional Business Concentration and these areas should be included. 3) The previous draft MDIF had a map of the entire Metropolitan Area showing areas that had sewer and growth capacity and those areas that did not. Because it was growing so quickly, Eden Prairie was shown as one of the areas which was out of capacity. This quickly led to the conclusion, when coupled with the Metropolitan Council's policy statements, that growth would be funneled into areas that had capacity, only. The current MDIF has • dropped that capacity map out of the document. 4) The traffic congestion information has been added toward the end of the revised MDIF. For the year 2000, it shows Highways 212, 169, 494, and 5 in Eden Prairie as having minor capacity problems. This is not borne out with fact. Current studies commissioned by the Metropolitan Council and MNDOT indicate that, in the year 2000 Highways 5, 169, and 494 will have major congestion problems. 5) A major change has been made in the MDIF with regard to service allocation (mostly applicable to sewer allocation). The MDIF now suggests that for cities growing faster than other cities within a common service area, the Metropolitan Council will consider reallocating the slower growing cities' capacities to the faster growing cities. Although this pits one city against another, and is some risk to Eden Prairie, it is probably much more likely that Eden Prairie would grow at the expense of other cities and that the ability to use sewer allocation that they would not use would help Eden Prairie from bumping up against artificial sewer allocations. Planning Staff would suggest the following actions be taken by the City Council: 1) We would suggest that Council direct Staff to write a letter to the Metropolitan Council asking for an additional sixty days prior to the first public hearing on this matter for purposes of holding at least four sub- regional meetings out within the Metropolitan area to take testimony on the currently proposed MDIF. ( 2) If the Council is interested in an Eden Prairie lobbying effort, we would suggest that they begin contacting our local legislators and members of the Metropolitan Council with whom relationships have been established, in order to go over the key points outlined above. 3) We do feel there is merit in participating with the other southwest area communities in a joint effort on those items of common concern. Therefore, we would suggest that rather than being left out of the lobbying effort, the City Council participate to the extent of $2,000.00 in the joint lobbying effort on those issues upon which the communities agree as listed above. • • � e.