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HomeMy WebLinkAboutCity Council - 05/20/1986A'G ENDA TUESDAY, MAY 20, 1986 COUNCIL MEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLL CALL EDEN PRAIRIE CITY COUNCIL 8:00 PM, SCHOOL ADMINISTRATION BOARDROOM Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock, and Paul Redpath 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 PRESENTATION TO COUNCILMEMBER PAUL REDPATH OF "CERTIFICATE OF COMMENDATION" FROM THE LEAGUE OF MINNESOTA CITIES I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. Regular City Council Meeting held Tuesday, April 29, 1986 Page 1092 B. Regular City Council Meeting held Tuesday, May 6 1986 Page 1104 C. Canvassing Board Meeting held Tuesday, May 6, 1986 Page 1111 III. CONSENT CALENDAR A. Clerk's License List Page 112C B. LANDSCAPE PRODUCTS CENTER by Edenvale Industrial Company and Page 1121 Landscape Products Center, Inc. 2nd Reading of Ordinance #16-86, Zoning Amendment within the 1-2 Park District; Approval of Developer's Agreement for Landscape Products Center; and Adoption of Resolution #86-93, Authorizing Summary of Ordinance #16-86 and Ordering Publication of Said Summary. Location: North of Highway #5, south of Martin Drive. (Ordinance #16-86, Rezoning; Resolution #86-93, Authorizing Summary and Publication) C. CARDARELLE III AMENDMENT by Frank R. Cardarelle. 2nd Reading of Page 1121 Ordinance #9-86, Rezoning from Office to Commercial-Regional-Service; Approval of Developer's Agreement for Cardarelle III Building; and Adoption of Resolution #86-95, Authorizing Summary of Ordinance #9-86 and Ordering Publication of Said Summary. Location: Northwest quadrant of Regional Center Road and Eden Road. (Ordinance #9-86, Rezoning; Resolution #86-95, Authorizing Summary and Publication) CITY COUNCIL AGENDA - 2 - TUES.,MAY 20, 1986 D. THE RIDGE by Dirlam Development. 2nd Reading of Ordinance #19-86, Zoning District Change from Rural to R1-13.5; Approval of Developer's Agreement for The Ridge; and Adoption of Resolution #86-98, Authorizing Summary of Ordinance #19-86 and Ordering Publication of Said Summary. 10.42 acres into 17 single family lots and one outlot. Location: Northwest of Kilmer Avenue, west of Atherton Way. (Ordinance #19-86, Rezoning; Resolution #86-98, Authorizing Summary and Publication) E. REVISED AGREEMENT FOR THE 1-494 CORRIDOR STUDY F. 2ND READING, ORDINANCE NO. 23-86, REPEALING SEC. 5.40 OF THE CITY CODE - regulating and licensing of gambling devices. G. 1ST READING OF ORDINANCE NO. 26-86, AMENDING CITY CODE SECTION 4.02, SUBD. 4.G.; SECTION 4.14; SECTION 4.30; SECTION 4.32, SUM. 13 AND SECTION 4.51, SUBD.5, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 4.99 - the liquor license ordinance - to conform to the new amendments in State law. H. ORDINANCE NO. 27-86, AMENDING CITY CODE SECTION 7.01 AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 7.99 - incorporating Chapter 169 and Chapter 171 of the Minnesota Statutes (1985) by reference. I. ORDINANCE NO. 28-86, AMENDING CITY CODE SECTION 9.06, SUBD. 2.8., SECTION 9.08; AND SECTION 9.31, SUBD. 5, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99, changing the penalty provisions for possession of drug paraphernalia to conform to Minnesota Statutes, Chapter 152. J. Final Plat, Red Rock Heights 4th Addition, east of Village Woods Drive, south of Scenic Heights Road (Resolution No. 86-104) K. Final Plat, The Ridge, south of Donnay's Round Lake Estates (Resolution No. 86-107) L. Receive Feasibilty Report and Set Public Hearing for Drainage Improvements in Bluffs West 5th Addition and vicinity, I.C. 652-069, for June 17, 1986 (Resolution No. 86-105) M. Receive Feasibilty Report and Set Public Hearing for Valley View Road Improvements, I.C. 52-272, for June 17, 1986 (Resolution No. 86-108) N. Sterling Field's Association Request O. Confirmation of the appointment of Greg Schmidt as Metropolitan Airports Commission representative to the Flying Cloud Airport Advisory Commission P. Resolution 86-109, regarding activities around Flying Cloud Landfill June L1986 Page 113; Page 114 1 Page 1152 Page 1152 1 Page 1151 Page 115S • Page 1162 Page 116E Page 116E Page 1171 Page 1173 Page 1176 Page 1177 CITY COUNCIL AGENDA - 3 - TUES.,MAY 20, 1986 EDENVALE MINI-STORAGE by Edenvale Industrial Company. 2nd Reading -i:0-tT--inance #17-86, Zoning Amendment within the 1-2 Park District; Approval of Developer's Agreement for Edenvale Mini-storage; and Adoption of Resolution #86-94, Authorizing Summary of Ordinance #17-86 and Ordering Publication of Said Summary. Location: North of Highway #5, south of Martin Drive. (Ordinance #17-86, Rezoning; Resolution #86-94, Authorizing Summary and Publication) IV. PUBLIC HEARINGS Q. Page 117E A. CITY WEST BUSINESS CENTER 3RD ADDITION, by Ryan Construction. Page 872 Request for Planned Unit Development Amendment Review on 15.91 acres, Zoning District Change from 1-2 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. Continued from April 15, 1986. B. BLUFFS EAST 4TH AND 5TH ADDITIONS, by Hustad Development. Request Page 1186 for a Planned Unit Development Concept Review on approximately 184 acres, Planned Unit Development District Review and Zoning District Change from Rural to R1-13.5, with variances, on 38.15 acres, Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential on 28.7 acres, and Preliminary Plat of approximately 184 acres into 72 single family lots and nine outlots. Location: West of County Road #18, northwest of Bluff Road, and west of Franlo Road. (Resolution #86-99, PUD Concept; Ordinance #24-86, Rezoning; Resolution #86-100, Comprenhensive Guide Plan Amendment; Resolution #86-101, Preliminary Plat) C. FLAGSHIP ATHLETIC CLUB. Request for Planned Unit Development Concept Amendment of 20.15 acres, Zoning District Change from Rural to C- Regional_Service on 2.45 acres, and Preliminary Plat of approximately 31 acres into one lot and two outlots and road right-of-way for parking lot expansion. (Resolution #86-102, PUD Concept Amendment; Ordinance #25-86, Rezoning; Resolution #86-103, Preliminary Plat) V. PAYMENT OF CLAIMS NOS. 27062 - 27396 VI. PETITIONS REQUESTS & COMMUNICATIONS VII. REPORTS OF ADVISORY COMMISSIONS VIII. APPOINTMENTS IX. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager 1. Discussion on City Hall Options 2. Purchase Agreement for Proposed City Hall Site (continued from April 29th Council meeting) C. Report of City Attorney X. NEW BUSINESS XI. ADJOURNMENT. Page 124 & 1185 Page 122S Page 123E UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 29, 1986 COUNCIL MEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock, and Paul Redpath City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Jan Nelson ROLL CALL: All members were present I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: VI. B. 2. Report on Round Lake Water Level; VI. B. 3. Process for Selection of Human Resources Director MOTION: Anderson moved, seconded by Redpath, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II. MINUTES A. Regular City Council Meeting held Tuesday, February 4, 1986 page 12, second paragraph, second sentence: change "there" to "their". MOTION: Bentley moved, seconded by Anderson, to approve the Minutes of the City Council Meeting held Tuesday, Feb- ruary 4, 1986, as amended and published. Motion carried unanimously. B. Regular City Council Meeting held Tuesday, February 18, 1986 MOTION: Redpath moved, seconded by Anderson, to approve the Minutes of the City Council Meeting held Tuesday, February 18, 1986, as published. Motion carried unanimously. City Council Minutes -2- April 29, 1986 C. Special City Council Meeting held Tuesday, February 25, 1986 MOTION: Bentley moved, seconded by Anderson, to approve the Minutes of the Special City Council Meeting held Tuesday, February 25, 1986 as published. Motion carried unanimously. D. Special City Council Meeting held Tuesday, March 11, 1986 MOTION: Bentley moved, seconded by Anderson, to approve the Minutes of the Special City Council Meeting held Tuesday, March 11, 1986, as published. Motion carried unanimously. E. Regular City Council Meeting held Tuesday, April 15, 1986 MOTION: Anderson moved, seconded by Bentley, to approve the Minutes of the City Council Meeting held Tuesday, April 15, 1986, as published. Motion carried unanimously. III. CONSENT CALENDAR A. Final Plat approval for Timber Creek Woods Second Addition (Resolution No. 8T6-76) MOTION: Bentley moved, seconded by Redpath, to approve item A on the Consent Calendar. 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) Con- tinued Public Hearing from March 4, 1986 and April 1, 1986 City Manager Jullie noted that this item had been continued from the March 4 and April 1, 1986, meetings of the Council. Mr. Arlyn Grussing, Director of Planning and Development for Douglas Corporation, and Mr. Bob Worthington of Opus Corpora- tion addressed the proposal. Planning Director Enger said the Planning Commission first reviewed this item at its November 25th meeting and was concerned about the item creating an imbalance between in- dustry employment and housing in the City. The item was continued to the December 9th meeting of the Commission to allow time for Staff to provide alternatives to recommend to the Council. 1 0 9 3 City Council Minutes -3- April 29, 1986 Enger noted the initial Staff report of November 22, the additional recommendations contained in the Staff report of December 6th and some additional information on how the proposal would affect the "big picture" contained in his memo of December 6th. He said that the Commission, at its Decem- ber 9th meeting, felt that the proposal did not go far enough towards a "special type" of industrial use, and moved to con- tinue the item to the January 13th meeting to allow time for the proponent to reconsider the proposal in view of the con- cerns expressed by the Commission and Staff. Enger further noted that, at the January 13th meeting, the Commission reviewed the letter received from the Douglas Corporation stating that the plan they had presented was their "best effort" and no further changes would be presented at that time. The Commission then recommended denial of the request for a PUD concept review on a 4-2 vote. Redpath asked if there had been a fairly recent Comprehensive Guide Plan change for the area around the proposed site that designated office area along Hwy 169. Enger said that the land included in the proposal was designated high density residential or office. Director of Community Services Lambert said that the Parks, Recreation & Natural Resources Commission reviewed the pro- posal at its February 3, 1986, meeting. He said that the Commission noted that the major question on this request was the land use. Lambert referred to his memo of January 31 to the Commission that presented Staff comments on the pro- posal. He said that the Commission recommended approval of the PUD concept on a 6-0 vote with several conditions in- cluding preservation of open space, the addition of a park- way system and payment of cash park fees. Anderson asked if the question had been answered as to how the land along the lake and creek would be handled. Lambert responded that, while proponent had proposed dedicating 4-5 acres by the creek in lieu of cash park fees, the Parks Commission and Staff felt that a scenic easement would be a better solution if the proponent did not want to dedicate the land to the City as a gift. Peterson asked what the basis was for the Planning Commis- sion's conclusion that the proposed configuration and the construction plans were not the best. Enger said that the Commission was concerned about proportions--a majority of the building was proposed to be manufacturing plant witha /o9 -/ City Council Minutes -4- April 29, 1986 small office building attached to it. He said the Commission was also concerned with the potential for future expansion of the project, particularly in regard to adding rooftop mechanical equipment and any building additions made during the 15-year period of development planned by the proponents. Redpath asked if the hang-up is the design of the building, the 20 acres at the end of the building or that the pro- ponents had refused to change the plans. Enger stated that the main differences in each of the three Planning Commis- sion meetings were in the information presented by Staff and that proponent had presented no new information beyond the original plans. Redpath expressed his concern about proponent having been somehow falsely encouraged in present- ing their plans for the site. Discussion followed about previous concepts and plans suggested for this site. Bentley noted that he believed Douglas Corporation had been encouraged to come back with a plan that would convince the Council that the site could be used for industry. He pointed out the idea was to make it difficult enough so that the site could not then be opened up to any sort of industrial devel- opment. Peterson noted that at this point the merits of the concept should be reviewed and approval would be based on its being judged a superior product. Bentley asked why this particular project should have to be superior to any other industrial project in the City. Peterson responded that over the pre- vious months of deliberation it was determined there would have to be very good reason to give the site an industrial category rather than office or medium/high density residen- tial. Discussion followed concerning the requirements for approval of an industrial project on the site. Anderson noted that he had thought of this area in terms of multi-residential and corporate headquarters, but not indus- trial, and therefore was concerned about the change in land use. He noted that he would like to see more work done on the plans. He also said he felt that visibility is very important in this area and that we have responsibility to the residents in the area for visibility. Pidcock asked how this project would impact the people in the area. Enger said it would be visible to residents in the Centex develop- ment. A discussion of visibility followed. Redpath asked why the decision was made to not change the plans in response to the Staff recommendations. Mr; Worth- ington responded that at the first meeting they were City Council Minutes -5- April 29, 1986 encouraged by the Planning Commission in their early concept but that at the second meeting they felt a different atti- tude as the Commission returned to the issue of land use. He said that after requesting a continuance to a third meet- ing, proponents conferred and decided that they had an inno- vative concept and that they would not revise the plans until they were more certain that the industrial use for the site would be approved. Redpath asked about the location of the land that the School District was interested in. Mr. Worthington pointed out the area on the plans and said that it might require a realign- ment of the road or other adjustments. Bentley asked what the impact would be to our sewer alloca- tion if the discharge plan for the project could not be worked out and water had to be discharged into the sewer system. Enger responded that their estimates show that a residential component would have more sewage discharge than the fully-completed Douglas plant. Bentley asked about the location of an outlet to the south of the development. Enger said the outlet would be to the northern access road to Vo-Tech. Bentley then asked about the timetable for the Hwy 169 upgrade. Director of Public Works Dietz responded that work is now scheduled to begin in August of 1987, with completion of four lanes to Hwy 1 in 1988. Peterson asked about possible alternate types of parking for the development. Mr. Worthington said he felt the proposed berming and landscaping would be sufficient to screen the parking lots along the distribution road but that they might be willing to consider alternatives. Pidcock asked about the roadway through the site and if it would be a one-way system. Mr. Worthington pointed out the location on the plans and said it would not be one way. Anderson asked if the proponents would be willing to work with Staff and the Council to bring back more detailed plans if the zoning is changed to meet their needs. Mr. Worthington said they would. Mr. Keith Orner, 8880 Knollwood Dr., expressed concern about the air quality of emissions from the building and about the visibility of the project from his residence. He also was concerned about the future growth of the manufacturing opera- tion. He said he believed the site should remain as a resi- dential site. 1.39( City Council Minutes -6- April 29, 1986 Mr. James McGlennen, 8888 Knollwood Dr., said that he bought his property on the assumption that the site was zoned resi- dential. He felt that the land to the northwest of Research Road should, in any case, remain residential. He also ex- pressed concern regarding the covenants made for the open space. He asked about the aerosols from the electro-plating process and what methods of control there would be on air quality. Mr. Grussing explained the technology involved in the electro- plating process and said that there would be no hazardous wastes created. Mr. Worthington noted that the electro-plating function would probably be the last one to be moved to the site. Mr. Chuck Shaw, 8615 Hiawatha Ave., spoke in favor of the project. He expressed his concern about the trend of busi- nesses leaving Minnesota. He also described some problems that can occur with high-density residential developments. Bentley noted that uses considered on this property had been quite varied in recent years. He said his thoughts on the parcel were that the southern part of the site would be suit- able for high-tech office/Industrial type of use compatible with Vo-Tech and that the northern part would then be resi- dential. He noted that he had resisted designating the area industrial, as that would have brought many proposals for the site. He further said he felt this proposal has gone a long way to convince him that an industrial use can be accomplished on this site. Bentley asked if the PUD concept approval would require a Guide Plan change. Enger said that a Guide Plan change had not been requested and that it would be feasible to obtain PUD concept approval at this point without a Guide Plan change. Enger said the proponents could then proceed with plans for a first phase with a subsequent request for a first phase rezoning and a Guide Plan redesignation. Bentley then noted that, should there be PUD concept approval, proponents would then have to provide additional assurances as to the plans for the southern and western portions of the site, air quality standards, and specific traffic flows as to numbers and patterns. MOTION I Bentley moved, seconded by Redpath, to close the Public Hearing, to direct staff to prepare Resolution No. 86-35, approving the Planned Unit Development concept, and City Council Minutes -7- April 29, 1986 to direct staff to prepare a Developer's Agreement per Commission and Staff recommendations and including con- tinued dialogue and cooperation with the School District. Anderson expressed his concerns about this proposal being the highest and best use of the land and asked City Attorney Pauly if it was possible to tie up the restrictions regard- ing water and air emissions. Pauly noted that any resolution or agreement entered into would be on condition that cer- tain standards be met. Pauly noted that concept approval is no more than that and there is no obligation on the part of the Council to adopt a development PUD, rezoning or a sub- division. Lambert asked if the Council would like Staff to pursue the idea of the City working with Vo-Tech and proponent to devel- op the southern portion of the land in a joint effort. A discussion regarding possible joint uses followed. Pidcock expressed her concern that this might develop into a situation similar to the landfillsituation some years from now as far as chemicals in the air and water. Peterson noted that they would be subject to the appropriate Minne- sota state regulations and control mechanisms. VOTE ON THE MOTION: Motion carried with Pidcock voting "no". B. 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. Loca- tion: Southwest quadrant of County Roads #1 and #18. (Resolution #86-50, Comprehensive Guide Plan Amendment: Ordinance #14-86, Rezoning) Continued Public Hearing from March 25, 1986 and April 15, 1986 City Manager Jullie noted that this item was continued from the April 15, 1986, meeting of the Council. Planning Director Enger reviewed the status of the project and noted the letter from the Halversons dated April 17, 1986, indicating the extent of their plans for development of the property. He noted that the Planning Commission did not act on the zoning request in the required 60-day period, therefore the Council could now act on the request for re-zoning. City Council Minutes -8- April 29, 1986 Mr. Fred Hoisington, representing the proponents, said that he and the Halversons were present to answer questions. There were no comments from the audience. MOTION: Pidcock moved, seconded by Bentley, to close the Public Hearing and adopt Resolution No. 86-50 approving the Comprehensive Guide Plan Amendment from Low Density Residential to Office. Motion carried with Anderson voting "no". MOTION: Pidcock moved, seconded by Bentley, to adopt 1st Reading of Ordinance No. 14-86 for rezoning. Anderson noted that he has concerns about what is planned for the surrounding area and about a trend to spot zoning, particularly at intersections. Bentley said he felt the use is consistent in the long term to what is appropriate use for the entire quadrant. Anderson expressed his concern that a precedent is being set by approving this item. Redpath said he did not believe we are setting a precedent. A discussion followed regard- ing the potential development of the area and the plans for upgrading Hwy 18. VOTE ON THE MOTION: Motion carried with Anderson voting "no". MOTION: Pidcock moved, seconded by Bentley, to direct staff to prepare a Developer's Agreement for the proposal includ- ing Commission and Staff recommendations and the letter of April 17, 1986, from the Halversons, subject to approval of variances by the Board of Appeals. Motion carried with Anderson voting "no". V. REPORTS OF ADVISORY COMMISSIONS There were no reports. VI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Bentley - Bentley noted that, because of the polls closing at 8:00 PM for the referendum on May 6th and the School City Council Minutes April 29, 1986 Board election on May 20th, the Council meetings on those dates could not convene until 8:00 PM. MOTION: Bentley moved, seconded by Pidcock, to convene the May 6, 1986, and May 20, 1986, meetings of the City Council at 8:00 PM. Motion carried unanimously. B. Report of City Manager 1. Authorize expenditure of funds for joint lobbying efforts for MDIF (Metropolitan Development and Invest- ment Framework) - continued from April 1, 1986 and April 15, 1986 Planning Director Enger noted his memo of April 25, 1986, to the Council that reviewed the revised MDIF and suggested three possible action items for the Council, as follows: 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 hear- ing on this matter for purposes of holding at least four sub-regional meetings out within the Metropoli- tan area to take testimony on the currently pro- posed 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 to 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. Peterson asked about the wording of the first suggested action and the likelihood of them granting the additional 60 days requested. Enger responded that it was designed to make the Metropolitan Council come out to the suburbs for sub-regional meetings on the matter and noted that such meetings had been held on other items. :1'00 City Council Minutes -10- April 29, 1986 Enger noted that one of the major concerns about the current proposal is that there may not be flexibility on the part of the Met Council. MOTION: Bentley moved, seconded by Anderson, to approve the three actions suggested in the staff memo of April 24, 1986, including the $2,000.00 participation in the joint lobbying effort. Roll call vote: Anderson, Bentley, Pidcock, Redpath and Peterson voted "aye". Motion carried unanimously. 2. Report on Round Lake Water Level City Manager Jullie reported on the problems created by the extremely high water level of Round Lake. He said that pumping is scheduled to begin next week to help alleviate the problem. He noted that, because of the concerns of property owners around Mitchell Lake, water would not be pumped into Mitchell Lake as before, but would instead be pumped into the Purgatory Creek area. Jullie said that the pumping is a short-term solution only and noted that, for the long term, Barr Engineering has completed their report on the Chain of Lakes feasi- bility study. The report is scheduled to go to the Watershed District Board meeting on May 7th for review and, if approved, the Council should have the report at the May 20th meeting. He noted that the Comprehen- sive Drainage Plan developed in the early 1970's had called for Round Lake to act as a storage reservoir. Anderson asked if we can expect to maintain the level of Round Lake in the next few years with the pumping into Purgatory Creek. Jullie said that he believes there is a suggestion in the Chain of Lakes report for a short- term solution that outlets Mitchell Lake in addition to the suggestions for a long-term solution. Anderson asked if the pumping could be relied on to alleviate the recreational loss caused by the current high water level. Jullie responded that it will take about 30 days to bring the level down and that after that time it would depend upon the rainfall. Anderson noted that Round Lake is the most visible lake and so it is important to keep it as usable as possible. Discus- sion followed regarding lake drainage in the surrounding area lakes and anticipated costs for the drainage project. P O I City Council Minutes -11- April 29, 1986 Redpath asked if the budget would cover the costs of pumping. Jullie said that there is money to cover the planned short-term pumping efforts but not for pumping all summer. Bentley noted that he felt Staff should be prepared to make specific recommendations on what can be done to keep the water level down in the interim period until the long-range solution is implemented. Redpath asked about the effect of pumping water into Purgatory Creek. A discussion of the possible negative consequences of the pumping project followed. Jean Deneve, 7805 Carnelian Lane, expressed concern that the pumping program will cause problems with a pond located behind his house. Director of Community Services Lambert responded that the pond was originally a natural pond that had become a holding pond. Bob Villars, 7616 Carnelian Lane, expressed concern about this as a continuing problem that needs a perma- nent solution and also about the funding needed to maintain such a solution. Anderson noted that the real need is to stabilize the water level because some years it has been necessary to pump water into Round Lake because of low water levels. Melody Villars, 7616 Carnelian Lane, noted her concern about spending money on new parks before repairing exis- ting facilities. Nancy Schmitt, 7635 Carnelian Lane, expressed her con- cern that no more trees would be planted or another path made before a permanent solution is reached. Peterson suggested that the area residents be notified when the Council is scheduled to review the Chain of Lakes report. 3. Process for Selection of a Human Resources Director City Manager Jullie said that four candidates were interviewed last Thursday and that he had selected Natalie Swaggert, currently with Target, for the posi- tion. He said she will be starting work on May 13th. C. Report of City Attorney There was no report. City Council Minutes -12- April 29, 1986 VII. NEW BUSINESS There was none. VIII. ADJOURNMENT MOTION: Anderson moved, seconded by Bentley, to adjourn the meeting at 10250 PM. Motion carried unanimously. iio UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY. MAY 6, 1986 PLEDGE OF ALLEGIANCE 8:00 PM, SCHOOL ADMINISTRATION BOARDROOM Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock, and Paul Redpath City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Jan Nelson COUNCIL MEMBERS: CITY COUNCIL STAFF: ROLL CALL: Councilmember Redpath arrived at 8:15 PM I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was added to the Consent Calendar: III. P. 1st Reading of Ordinance 23-86, repealing Eden Prairie City Code Section 5.40. The following item was removed from the Consent Calendar: III. F. Final Plat Approval for Red Rock Heights 3rd Addition (south of Village Woods Drive) Resolution No. 86-85 became item VIII. B. 2. The following items were added to the Agenda: VIII. A. 1. Andsrson - Hillcrest Creek Crossing and VIII. B. 3. Report of Proceedings of County Commissioners. MOTION: Anderson moved, seconded by Bentley, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II. MINUTES A. Regular City Council Meeting held Tuesday, March 4, 1986 MOTION: Bentley moved, seconded by Anderson, to approve the Minutes of the City Council Meeting held Tuesday, March 4, 1986, as published. Motion carried unanimously. City Council Minutes -2- May 6, 1986 B. Regular City Council Meeting held Tuesday, March 25, 1 9 8 6 MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the City Council Meeting held Tuesday, Ma r c h 2 5 , 1986, as published. Motion carried with Anderson an d Pidcock abstaining. C. Joint City Council/Planning Commission Meeting held T u e s d a y , April 1, 1986 MOTION: Anderson moved, seconded by Bentley, to appr o v e t h e Minutes of the Joint City Council/Planning Commission M e e t - ing held Tuesday, April 1, 1986, as published. Moti o n carried with Pidcock abstaining. III. CONSENT CALENDAR A. Approve plans and specifications for water plant expa n s i o n project and authorize bids to be received June 5, 198 6 , Project No. 52-072 (Resolution No. 86-82) B. Grading permit for Mike Sutton property at S.W. corne r o f CSAH No. 1 (Pioneer Trail) and Bennett Place C. Special assessment agreement for the construction of D e l l Road between Townline Road and south line of Wyndham K n o l l (formerly Hidden Glen East) D. Receive 100% petition for public improvements -- str e e t , storm sewer, sanitary sewer and watermain -- for Wy n d h a m Knoll Subdivision (formerly Hidden Glen East) adjace n t t o Dell Road and authorize greparation of plans and specifica-tions (in conjunction with Dell Road improvements) I . C . 5 2 - 097 (Resolution No. 86-83) E. Receive feasibility report for sanitary sewer and wa t e r m a i n improvements along Baker Road north of Edenvale Boul e v a r d and set public hearing for June 3, 1986, I.C. 52-094 (Resolution No. 86-84) F. Final Plat approval for Red Rock Heights 3rd Additio n ( s o u t h of Village Woods Drive) Resolution No. S6-85 - becam e V I I I . B. 2 L. G. Final Plat approval of Mark Charles 4th Addition (S. E . c o r n e r Pioneer Trail and Franlo Road (solution No. 86-86) H. Final Plat approval of Prairie Knoll 2nd Additio n ( N o r t h o f Valley View Road at Ontario Blvd-.) Resolution No. 86-87 City Council Minutes -3- May 6, 1986 I. Final Plat approval of Wyndham Knoll (formerly Hidden Glen East) Resolution No. 86=88 J. Clerk's License List K. EDEN SQUARE, by Commercial Partners, Inc. 2nd Reading of Ordinance #47-85, Amending Ordinance #78-56 within the Commercial Regional Service District; Approval of Developer's Agreement for Eden Square; and Adoption of Resolution #86-66, Approving Summary of Ordinance #47-85 and Ordering Publica- tion of Said Summary. 9.59 acres for the construction of commercial/retail. Location: Northeast quadrant of the intersection of Highway #169 and Prairie Center Drive. (Ord. #47-85, Amending Ord. #78-56; Resolution #86-66, Authorizing Summary and Publication) L. PRAIRIE VIEW, by Weis Companies, Inc. 2nd Reading of Ordi- nance #4-86, Zoning District Change from Rural to Commercial- Regional-Service; Approval of Developer's Agreement for Prairie View; and Adoption of Resolution #86-45, Authorizing Summary of Ordinance #4-86 and Ordering Publication of Said Summary. 16+ acres for shopping center. Location: 1-494 and Highway #5 at the intersection of Prairie Center Drive. (Ord. #4-86, Rezoning; Resolution #86-45, Authorizing Summary and Publication) M. Adoption of Amendment to 1985 City Budget N. Finding of No Significant Impact for Eden Place EAW (Resolu- tion No. 86 -89-) 0. A Resolution Proclaiming May 18 - 24, 1986 as "Small Business Week" in Eden Prairie (Resolution No. 86-90) P. 1st Reading of Ordinance No. 23-86, repealing City Code Section 5.40, entitled "Gambling Devices" Relative to item B of the Consent Calendar, Bentley asked why the grading permit was being requested. Director of Public Works Dietz responded that Mr. Sutton owns 6-8 acres in that location and, while he intends to eventually develop the area, his inten- tion now is to build a new home. Dietz said Mr. Sutton wants to grade all the property while he is grading the area for his home. Bentley commented that he felt this was, in effect, "spec grading" in anticipation of some future approval for platting or zoning. Redpath arrived at 8:15 PM. City Council Minutes -4- May 6, 1986 Planning Director Enger noted that this property had been affected by two city assumptions, one on each end of the prop- erty, and that it was a minimal grading with no vegetation affected. Mr. Miller, representing Mr. Sutton, described the proposed grading and the future subdivision plans for the property. Anderson asked if there are any legal obligations by doing this. City Attorney Pauly said that the Council can attach conditions to the granting of a permit for land alteration such that the granting of a permit does not in any way authorize a subdivision, rezoning or any other action in the future. MOTION: Anderson moved, seconded by Pidcock, to approve item B of the Consent Calendar subject to the condition that the granting of the grading permit does not in any way authorize any subdivision, rezoning or any other action in the future. Motion carried with Bentley voting "no". City Manager Jullie noted that item C, the Special Assessment agreement for construction of Dell Road, has not yet been signed by the proponent; therefore, approval of items C and D should be given subject to the final signing of the documents and review by the City Attorney. MOTION: Pidcock moved, seconded by Anderson, to approve items C and D of the Consent Calendar, subject to the final signing of the Special Assessment Agreement and review of the documents by the City Attorney. Motion carried unanimously. MOTION: Pidcock moved, seconded by Anderson, to approve items A, E and G-P on the Consent Calendar. Motion carried unani- mously. IV. PUBLIC HEARINGS A. DONNAY'S ROUND LAKE ESTATES, by LAD Properties, Inc. Request for Planned Unit Development Concept Amendment from Low Den- sity 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, PhD District and Rezoning; Resolution #86-49, Preliminary Plat) Continued Public Hearing from March 25 and April 15, 1986 City Council Minutes -5- May 6, 1986 City Manager Jullie noted this request was continued from the March 25th and April 15th meetings of the City Council. He said that, in response to the concerns expressed by the Councilmembers, Staff has had discussions with the proponent about the pond, road alignment, number and location of units proposed and a tree inventory. Planning Director Enger noted that the proponent held a meeting with some of the residents in the neighborhood over the weekend. Mr. Mike Gair of Gair and Associates, representing proponents, reviewed recent changes to the plans for the project. Enger noted that the revised plans do not include enlarging the pond area to the east and called attention to the Staff memo of May 1, 1986, that inventoried trees of 12 inches in diameter or greater. Enger noted that two possibilities exist for routing construc- tion traffic; one would require a temporary easement through The Ridge property to the south for direct access to Hwy 5, and the other would direct the traffic out Evener Way and Valley View. Director of Community Services Lambert said that the Parks, Recreation & Natural Resources Commission had discussed this item at their meeting last evening and they urged that as much of the pond as possible be preserved. Pidcock questioned the effect of construction traffic on Kilmer. Enger noted that the possible access road to Hwy 5 would help provide an alternate route and that a bond would be posted to reconstruct roads damaged by construction traffic. Director of Public Works Dietz said that requirements re- garding the access road and the reconstruction of roads damaged by construction traffic were to be put in the Devel- oper's Agreement for The Ridge and that it had been suggested that The Ridge developers work with the Donnay project to develop the access road. Peterson said that the access road made sense but noted that there will be some construction traffic that will no doubt try to use Kilmer and Heritage anyway, therefore the developers will be faced with road repairs. Dietz noted that Kilmer and Heritage will be posted to avoid construction traffic on those streets. POT City Council Minutes -6- May 6, 1986 Peterson asked about the impact of storm water runoff or overflow on the homes to the east. Dietz said that there will be an outlet constructed for the pond to provide for a permanent water elevation. Mr. Don Uden, 7530 Atherton Way, said he felt great strides had been made in preserving the pond but was concerned about the extra traffic generated by the new units. Mr. Gair reviewed the contents of his letter of April 29th summarizing the traffic and daily trip generation. Mrs. Candy Olsen, 7610 Heritage Road, expressed concern about the traffic and asked that construction traffic be limited to the hours of 9:00 AM to 3:00 PM (school hours). She mentioned the visibility problem at the corner of Hames and Evener as an example of problems created by construc- tion traffic. Anderson asked if it would be possible to drop the speed limit and put in more stop signs on the construction traffic routes. Dietz said that advisory signs could be posted and noted that sidewalks exist on Evener and Hames. Mr. Len Lappman, 17433 Evener Way, noted that the sidewalks on Evener and Hames were not plowed in the winter and so children were in the streets waiting for the buses. Bentley suggested that, if the project were to be approved for 1st Reading, as part of the Developer's Agreement Staff could be directed to work with the developer on a plan to deal with the traffic situation and present it to the Council at the 2nd Reading. He also noted that Staff should check out the obstruction created by construction at Evener and Manes that had been mentioned. Gary Green, 7590 Atherton Way, noted that High School stu- dents walk along the streets to school and that some Prairie View students ride bikes to school. He also expressed con- cern about the lack of a path system in the area. Mr. Gair noted that Minnetonka has posted 10 MPH speed limits in construction areas and that warning signs can be posted for vehicles leaving the site. MOTION: Anderson moved, seconded by Pidcock, to close the Public Hearing and to adopt Resolution No. 86-48 for PUD Concept Amendment. Motion carried unanimously. /10q City Council Minutes -7- May 6, 1986 MOTION: Anderson moved, seconded by Pidcock, to adopt 1st Reading of Ordinance No. 12-86 for PUD District and Rezoning. Motion carried unanimously. MOTION: Anderson moved, seconded by Pidcock, to adopt Resolution No. 86-49 approving the Preliminary Plat. Motion carried unanimously. MOTION: Anderson moved, seconded by Pidcock, to direct Staff to prepare a Developer's Agreement per Commission and Staff recommendations, to work with the developer on a plan to deal with the traffic situation, and to present the plan to the Council at the time of 2nd Reading. Motion carried unanimously. B. HIDDEN GLEN 4th, by Derrick Land Company. Request for Planned Unit Development Concept Amendment Review on 130.25 acres, Planned Unit Development District Review, with variances on 50.2 acres, with Zoning District Change from Rural to Neigh- borhood Commercial on 2.10 acres, Rural to RM-2.5 on 10.95 acres, Rural to R1-9.5 on 22.72 acres, Rural to R1-13.5 on 8.13 acres, Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential on 10.95 acres, and from Low Density Residential to Neighborhood Commercial on 3.45 acres, Preliminary Plat of 50.2 acres into 119 lots, one outlot, and road right-of-way. Location: Southeast quadrant of Highway #101 and Townline Road. (Resolution #86-78, PUD Concept Amendment; Ordinance #21-86, PUD District Review and Zoning District Change; Resolution #86-79, Comprehensive Guide Plan Amendment; Resolution #86- 80, Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and affected property owners had been notified. Tim Erkkila and Roger Derrick, representing proponents, addressed the proposal. Redpath asked about the exception shown on the plans. Mr. Derrick sait it was an existing house that would prob- ably be removed as part of the Dell Road/Hwy 101 upgrade. Planning Director Enger noted that the Planning Commission first reviewed this item at their March 10th meeting. At their April 21st meeting, the Commission recommended approval of the PUD Concept Amendment and rezoning subject to the recommendations of the Staff reports of March 7th and April 11th and with the direction to Staff to explore the possi- bility of extension of sidewalks along Barrington Drive to provide pedestrian access to the neighborhood commercial area. U.) City Council Minutes -8- May 6, 1986 Enger reviewed several suggestions contained in the April 11th Staff report including revision of details on the commercial building, revision of the landscape plans for the commercial land, a landscape plan for the residential portion of the project, and a detailed construction plan for a temporary intersection improvement at Dell Road, Hwy 101 and Townline Road. He noted that the Planning Staff felt that more work should be done on the twin home project and that proponents should work with Staff on the plans for the extension of Dell Road access from the south. Director of Community Services Lambert said that the Parks, Recreation and Natural Resources Commission reviewed this item at their May 5th meeting and recommended approval per the Planning Staff and Commission recommendations and sug- gested revisions contained in the Community Services Staff report of May 1, 1986. He noted that the Community Serv- ices Staff had recommended the inclusion of the sidewalk along Barrington Drive and, further, that the City enter into a contract for deed for the neighborhood park based on the previously approved conditions for the park acquisi- tion. He also noted that the Community Services Staff recommended that the acquisition of the 4-acre outlot be a condition of the revised PUD. Anderson asked about the location of the park and the out- lot. Lambert pointed out the locations on the chart and said that, for the proposed park land, approximately eight acres would be purchased by the City and three acres would be dedicated. Redpath asked if the Dell Road extension had been squared away. Director of Public Works Dietz said that the agree- ment would take care of that. Pidcock asked which units will be built first. Mr. Derrick pointed out the probably development sequence on the plans and noted that several builders will be involved in the project. Pidcock said that the point of her question was to then recommend that the areas designated for the twin homes and the commercial area be clearly posted so that the single-family home purchasers would be aware of the other units included in the project. Pidcock asked if any evergreen plantings were planned for the commercial development. Planning Director Enger said there would be some as screening along the eastern side. City Council Minutes -9- May 6, 1986 Mr. Robert McGowan, 6800 Wakefield Drive, asked who had suggested the commercial area in the development and what the motivation was for its inclusion. Peterson said it is the developer's request. Derrick noted that the developer felt it fulfilled a need for a neighborhood convenience center within walking distance for the residents. Mr. Bob Kruell, 6780 Tartan Curve, noted his objection to the commercial area and to the relatively high density of the residential area. He also noted his dissatisfaction with the planning process in the City. Bentley responded that the density proposed is barely medium density, not high density. He noted that it is essential to have many commercial areas interspersed through- out the City to serve the population as it grows. He also noted that Eden Prairie was one of the first planned com- munities in the State and that it is one of the best planned communities because it has had more opportunity to plan than other areas. In addition he said that Dell Road has long been considered one of the very major roadways in the City; therefore it will have a lot of traffic. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 86-78 for POD Concept Amendment. Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to adopt 1st Reading of Ordinance No. 21-86 for POD District Review and the Zoning District Change. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 86-79 for the Comprehensive Guide Plan Amend- ment. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to adopt Reso- lution No. 86-80 for the Preliminary Plat. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare a Developer's Agreement with the recommendations of the Commissions and Staff and including the requirement that signage be posted immediately on properties to be developed indicating development plans and further that there be indication to property purchasers that such con- struction will take place. Motion carried unanimously. City Council Minutes -9- May 6, 1986 Mr. Robert McGowan, 6800 Wakefield Drive, asked who had suggested the commercial area in the development and what the motivation was for its inclusion. Peterson said it is the developer's request. Derrick noted that the developer felt it fulfilled a need for a neighborhood convenience center within walking distance for the residents. Mr. Bob Kruell, 6780 Tartan Curve, noted his objection to the commercial area and to the relatively high density of the re3idential area. He also noted his dissatisfaction with the planning process in the City. Bentley responded that the density proposed is barely medium density, not high density. He noted that it is essential to have many commercial areas interspersed through- out the City to serve the population as it grows. He also noted that Eden Prairie was one of the first planned com- munities in the State and that it is one of the best planned communities because it has had more opportunity to plan than other areas. In addition he said that Dell Road has long been considered one of the very major roadways in the City; therefore it will have a lot of traffic. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 86-78 for PUD Concept Amendment. Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to adopt 1st Reading of Ordinance No. 21-86 for PUD District Review and the Zoning District Change. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 86-79 for the Comprehensive Guide Plan Amend- ment. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to adopt Reso- lution No. 86-80 for the Preliminary Plat. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare a Developer's Agreement with the recommendations of the Commissions and Staff and including the requirement that signage be posted immediately on properties to be developed indicating development plans and further that there be indication to property purchasers that such con- struction will take place. Motion carried unanimously. City Council Minutes -10- May 6, 1986 MOTION: Pidcock moved, seconded by Redpath to recess the Council meeting at 10:50 PM. Motion carried unanimously. AT THIS POINT THE COUNCILMEMBERS CONVENED AS THE CANVASSING BOARD. Mayor Peterson reconvened the City Council Meeting at 11:00 PM. C. HOYT ROBERTS ADDITION PHASE III, by Hoyt Construction. Request for Zoning District Change from Rural to 1-2 Park on 5.0 acres and Preliminary Plat of 9.62 acres into 2 lots and road right-of-way for construction of Phase II, Hoyt Roberts Addition. Location: West of Mitchell Road on Technology Drive. (Ordinance #86-22, Rezoning; Resolution #86-81, Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and affected property owners had been notified. Mr. Brad Hoyt, the proponent, addressed the proposal. Planning Director Enger noted that the Planning Commission had reviewed this item at its April 21, 1986, meeting and, on a 4-0 vote, recommended approval of the Zoning District Change and Preliminary Plat, subject to recommendations in the Staff report of April 11th. Bentley asked when the decision was made to not put Technol- ogy Drive through. Director of Public Works Dietz said that the decision has not been made, rather it is a proposal to the Council. Dietz explained that the price to buy the property is $2.25 per sq. ft. which would result in having to remarket the balance of the property at about $2.50 per sq. ft. while similar property has been selling for about $1.95 per sq. ft. Bentley stated that we should have reviewed the method of property acquisition and considered the fate of Technology Drive as a separate issue before this project came through. Dietz noted that the process of condemnation would probably have resulted in putting the road through on the lot line between the two lots thus producing two lots that would not be big enough to remarket. A discussion of the effects of condemnation followed. Dietz further noted that the decision by the Minnesota Dept. of Transportation to put a signal at Wallace Road and Hwy 5 may have some bearing on the need to put Technology Drive through. City Council Minutes -11- May 6, 1986 Redpath said that he believed School Road should be shut off to through traffic as it was supposed to be and allow bus access only. A discussion of alternate traffic routes in the area followed. Anderson asked what kind of problems would be created for this project by the future extension of Technology Drive. Dietz replied that he felt there is a need to resolve the issue one way or the other. There were no comments from the audience. Bentley asked if the proponent had pared down the size of the building and altered the parking plans per the Staff recommendations. Mr. Hoyt said they had. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and adopt 1st Reading of Ordinance No. 86-22 for Rezoning. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 86-81 approving the Preliminary Plat. Anderson asked if we approve this project thereby closing off Technology Drive, are we then going to close off School Road. Bentley said he thought the issue of School Road should be discussed with the School District. Anderson asked the City Attorney about our potential options. Pauly noted the possible use of a redevelopment project through the Housing & Redevelopment Agency. Pauly further said that, while the City has the right to acquire property for right-of-way, it probably doesn't have the right directly as a City to acquire properties, assemble them into parcels and sell them, whereas the H.R.A. does have that power. Pidcock noted that she believed it was important to leave the options open in case at some time in the future, Tech- nology Drive can go through. Jullie noted the possibility or a TIF district for this. VOTING ON THE MOTION: Motion carried with Pidcock and Anderson voting "no". MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare a Developer's Agreement incorporating the Commis- sion and Staff recommendations. Motion carried with Pidcock and Anderson voting "no". City Council Minutes -12- May 6, 1986 • D. REFINANCING PLAN OF ROGERS CABLESYSTEMS (Resolution No. 86-91) City Manager Jullie indicated notice of this Public Hearing had been published. Dottie Rietow, representing the proponent, was present to answer questions. Bentley asked if the refinancing plan would impact the rates to the consumers. Rietow said it would not. There were no comments from the audience. MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and adopt Resolution No. 86-91 giving pre- liminary approval to a change of ownership and of a refinanc- ing plan of the City's Cable Television Franchise. Motion carried unanimously. V. PAYMENT OF CLAIMS MOTION: Bentley moved, seconded by Pidcock, to approve the Payment of Claims Nos. 26704 - 27061. Roll call vote: Bentley, Pidcock, Redpath and Peterson voted "aye". Anderson voted "no". Motion carried. VI. PETITIONS, REQUESTS & COMMUNICATIONS There were none. VII. REPORTS OF ADVISORY COMMISSIONS There were no reports. VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Anderson - Hillcrest Creek Crossing Anderson asked about the report on the Hillcrest Creek Crossing that was due around this time. Director of Community Services Lambert said that Staff has a plan for a trail system around the Edenvale marsh area and that they had planned to present it to the Parks Com- mission and notify the residents first, but that it could be brought to the Council at the next meeting if that was the preference of the Council. City Council Minutes -13- May 6, 1986 2. Bentley - Anderson Lakes Parkway Bentley asked when Anderson Lakes Parkway is scheduled to open. City Manager Jullie noted that it hasn't been paved on the western end as yet, but that he would check on the completion date. B. Report of City Manager 1. Purchase Agreement for Proposed City Hall Site MOTION: Pidcock moved, seconded by Bentley, to continue this item to the May 20th meeting of the City Council. Motion carried unanimously. 2. Final Plat approval for Red Rock Heights )rd Addition (south of Village Woods Drive) Resolution No. 86-85 Director of Community Services Lambert reviewed the trail system in the area of the project. He said that, after reviewing the impact of the trail through the project on current property owners, the best option to serve the developer and the property owners is to cut off the trail where it ends now. Anderson noted that the long-range planning was to build a trail that would lead along Red Rock Lake up to the Central Middle School. He said he believed it was to the advantage of the property owners to have the trail provide access to the lake and that it is better to have an existing trail when people purchase property than to put one in after the property has been purchased. Lambert further noted that the trail is not completely cut off because of the sidewalk system available. A discussion followed regarding the possible alternate accesses if the trail is ended as suggested. Pidcock noted that the original intent of the entire trail system was to provide a connection between the various lakes. Lambert replied that this would not preclude the trail to Staring Lake because the trails to the east and south will continue. Peterson asked if we would have to ask the developer to dedicate land for the trail if the plans are changed now. Lambert said the procedure would be to ask for a trail easement. City Council Minutes -14- May 6, 1986 Mr. William Gilk, a proponent, expressed his concern about the impact of the trail on this particular area of homes and commented that the cul-de-sac ending of the trail serves very nicely. Bentley asked what would happen if an easement were to be obtained to extend the trail without actually completing the trail at this time. Anderson noted that this sort of arrangement has caused problems in the past. Pidcock asked what this does to our original approval. City Attorney Pauly said that the trail has been part of the Developer's Agreement and that would have to be dealt with before changing the alignment of the trail through the platting process. Peterson asked if the Council could withdraw that por- tion of the Developer's Agreement with no effect on the approval process. Pauly responded that, if it is a covenant in favor of the City, then the City can waive it. A discussion of the benefits of extending the trail versus not extending the trail followed. Anderson expressed his concern that the opportunity for residents to use the trail system will be cut off by ending the trail at the existing point. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 86-85 with the understanding that the trail will be terminated at the existing point. Motion carried with Pidcock and Anderson voting "no". 3. Report of Proceedings of County Commissioners Mayor Peterson reported on the meeting today of the Hennepin County Board of Commissioners where Commissioner Keefe introduced a resolution requesting that the Hopkins transfer site be deselected and Eden Prairie be re- evaluated for siting of the transfer station. He said the resolution passed on a 4-3 vote. Peterson also noted that he felt we can probably fight this issue. City Manager Jullie said that Minnetonka officials are eager to have our respective attorneys meet to determine the options available, and that there should be something relative to the options by the next Council meeting. City Council Minutes -15- may 6, 1986 4. Options relative to City Hall MOTION: Anderson moved, seconded by Pidcock, to direct Staff to research options that might be available rela- tive to the whole question of City Hall. Motion carried unanimously. Jullie noted that, as part of his continuing education, he will be attending the City Managers' Conference next week. C. Report of City Attorney City Attorney Pauly reported that the trial on our injunc- tion action against Woodlake Sanitary Services will be coming up on June 2nd. IX. NEW BUSINESS There was none. X. ADJOURNMENT MOTION: Bentley moved, seconded by Anderson, to adjourn the meeting at 12:20 PM. Motion carried unanimously. UNAPPROVED MINUTES EDEN PRAIRIE CANVASSING BOARD TUESDAY, MAY 6, 1986 COUNCIL MEMBERS: CITY COUNCIL STAFF: 10:50 PM, SCHOOL ADMINISTRATION BOARDROOM Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock, and Paul Redpath City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frame, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Jan Nelson ROLL CALL: All members were present The Mayor convened the Canvassing Board at 10:50 PM. MOTION: Pidcock moved, seconded by Redpath, to approve the results of the election as presented by the City Clerk. Motion carried unanimously. MOTION: Pidcock moved, seconded by Anderson, to adjourn the Can- vassing Board at 11:00 PM. Motion carried unanimously. nig CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST May 20, 1986 CONTRACTOR (MULTI-FAMILY & COMM.) Shelard Companies, Inc. Starkey Laboratories, Inc. U-K Builders, Inc. Washtock Construction, Inc. CONTRACTOR (1 & 2 FAMILY) Barnett Builders Mark Eklo Homes Finnamore Building Corp. Landshapes, Inc. Arden Nelson New Image Builders Chris Thompson CIGARETTE J.B.'S Deli HEATING & VENTILATING Sunset Heating & Air Conditioning TEMPORARY BEER LICENSE Eden Prairie Lions Schooner Days May 30, 31 & June 1 July 4th Corn Feed August 9th PEDDLARS Stephen G. Bohrer (Ice Cream) Tim Hayes (Firewood) Ben A. Isder (Firewood) Ricky Allen Kirschbaum (Firewood) RAFFLE Eden Prairie Lions (Schooner Days) These licenses have been approved by the department heads responsible for the licensed activity. Pat Solii,—Eicensing 11:10 Landscape Products Center CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 16-86 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING FOR CERTAIN LAND WITHIN THE 1-2 PARK ZONING 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 the amendment of the zoning for the land within the 1-2 Park District. Section 3. That the proposal is hereby adopted and the zoning of the land shall be, and hereby amended is within the 1-2 Park Zoning District. 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 May 20, 1986, entered into between Landscape Products Center, a Minnesota corporation, and the City of Eden Prairie, and that certain Owner's Supplement to Developer's Agreement dated as of May 20, 1986, entered into between Eden Land Sales, Inc., a Minnesota Corporation, and the City of Eden Prairie, which Agreement and Owner's Supplement are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1st day of April, 1986, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of May, 1986. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of Exhibit A Legal Description ( Outlot G, Edenvale Industrial Park, Hennepin County, Minnesota. Landscape Products Center DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1986, by Landscape Products Center, Inc., a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for development approval of 5.79 acres within the 1-2 Park District for construction of a building for Landscape Products Center, 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 #16-86, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall develop the property in conformance with the materials revised and dated , 1986, reviewed and approved by the City Council on April 1, 1986, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to issuance of any building permit upon the property, Developer agrees to submit to the City, and receive the City's approval and release of the final plat for the property. 4. Prior to issuance of any building permit upon the property, Developer 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. 1:2-3 Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 5. Developer shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. 6. Prior to issuance of any building permit upon the property, Developer shall submit to the Director of Planning, and receive the Director's approval of the following: A. Revised building elevations indicating the use of double- scored concrete block in place of single-scored block. Developer shall also submit samples of all other exterior building materials to be used, including color schemes. B. Detailed plans for exterior lighting on the property, including location of lighting. C. A revised landscape plan, indicating a berm ranging from five to ten feet in height along the street frontage for purposes of screening outdoor storage. D. A revised site plan indicating a 50 ft. front yard setback to the outside storage area, consistent with the building and parking setbacks on the property. Said revised plan shall also include a five-foot wide sidewalk to the northwest pedestrian access to the structure from both the northeast and southwest parking areas. Upon approval by the Director of Planning, Developer agrees to implement and construct, or cause to be implemented and constructed, those plans and materials listed above, as approved by the Director of Planning. Landscape Products Center OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN LANDSCAPE PRODUCTS CENTER AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1986, by and between Edenvale Industrial Company, a Minnesota general partnership, hereinafter referred to as "Owner," and the City of Eden Prairie, hereinafter referred to as "City:" For and in consideration of, and to induce, City to adopt Ordinance #16-86 amending the zoning of the property owned by Owner within the 1-2 Park District, as more fully described in that certain Developer's Agreement entered into as of , 1986, by and between Landscape Products Center and City, Owner agrees with the City as follows: 1. This Agreement shall be binding upon and enforceable against Owners, their successors, heirs, and assigns of the property. 2. If the Owners transfer such property, owners shall obtain an agreement from the transferree requiring that such transferee agree to the terms of the Developer's Agreement. EDENVALE INDUSTRIAL COMPANY K. E. Schumacher, General Partner STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of I Landscape Products Center CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-93 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 16-86 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 16-86 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of May, 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. 16-86, 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. 16-86 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 May 20, 1986. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 1f2Ao Landscape Products Center CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 16-86 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN THE 1-2 PARK ZONING 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 amendment of the zoning of the property located north of Highway #5, south and east of Martin Drive, known as Landscape Products Center, within the 1-2 Park Zoning 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 O. Franc /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.) Cardarelle III Office Bldg. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 9-86 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: 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 a portion of the land be removed from the Office District and be placed in the C-Reg-Ser District. Section 3. That the proposal is hereby adopted and a portion of the land shall be, and hereby is removed from the Office District and shall be included hereafter in the C-Reg-Ser 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 portion of the land described in Exhibit A, attached hereto, shall be subject to the terms and conditions of that certain Developer's Agreement dated as of May 20, 1986, entered into between Frank and Lois Cardarelle, husband and wife, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15th day of April, 1986, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of May, 1986. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of 103 Exhibit A That part of the following described Traot: Tract D, Registered Land Survey No. 687, except that p a r t t h e r e o f l y i n g southwesterly of a line drawn from a point on the West l i n e o f s a i d T r a c t D distant 14.53 feet Northerly from the Southwest corner t h e r e o f t o a p o i n t o n the South line of said Tract D distant 38.97 feet East e r l y f r o m t h e S o u t h w e s t corner thereof, Files of the Registrar of Titles, Coun t y o f H e n n e p i n , which lies Northwesterly of a line run parallel with an d d i s t a n t 3 3 f e e t Northwesterly of line 1 described below: Line 1: From a point on the East and West quarter line o f S e c t i o n 1 4 , Township 116 North, Range 22 West, distant 2557.59 feet West of the East quarter corner thereof, run Southwesterly nt an angle o f 4 5 d e g r e e s 5 7 m i n u - tes 00 seconds from said East and West quarter line (me a a u r e d f r o m W e s t t o South) for 192.54 feet to the point of beginning of Lin e 1 t o b e d e s c r i b e d ; thence deflect to the right at an angle or 87 degrees 05 minutes 48 seconds for 80.50 feet; thence deflect to the right on a tangen t i a l c u r v e h a v i n g a radius of 60 feet and a delta angle of 91 degrees 50 minutes 00 seoonds for 95.82 feet; thence on tangent to said curve for 74.79 feet; thence deflect to the left on a tangential curve having a radius of 125 fe e t a n d a d e l t a a n g l e of 39 degrees 13 minutes 19 seconds for 85.57 feet; thence o n a t a n g e n t t o said curve for 58.41 feet and there terminating. Cardarelle Office Building III DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1986, by Frank and Lois Cardarelle, husband and wife, 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 rezoning from the Office District to the Commercial-Regional-Service District for one acre, 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 #9-86, 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 , 1986, reviewed and approved by the City Council on April 15, 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 ano 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 issuance of any occupancy permit upon the property, Developers shall submit to the Director of Planning, and receive the Director's approval of the following: A. A revised landscape plan. B. A revised grading plan. I t30 C. A revised site plan reflecting the elimination of two parking spates adjacent to the median along Eden Road, as depicted on Exhibit B, attached hereto, thus allowing for the median to be increased in width by nine (9) feet to a total of 26.5 ft. Upon approval by the Director of Planning, Developers shall construct and implement, or cause to be constructed and implemented, those improvements listed above in said plans, as approved by the Director of Planning. 4. Prior to issuance of any occupancy permit for the property, Developers agree to execute Exhibit 0, attached hereto and made a part hereof, entitled Declaration of Restrictions, which limits the mix of uses within the building to 50% office and 50% commercial/retail. 5. Should an increase in the commercial/retail lease space be desired by Developers, Developers agree that prior to issuance by the City of any occupancy permits for such additional commercial/retail lease space, Developers shall submit documentation stating that the parking provided on the property, as depicted in Exhibit B, attached hereto, will be sufficient to accommodate the probable increase in parking demand because of said increased commercial/retail lease space. 1 1 31 DECLARATION OF RESTRICTIONS THIS AGREEMENT made and entered into this day of 1986, by and between Frank Cardarelle and Lois Cardarelle, husband and wife, (hereinafter referred to as "Owners") and the City of Eden Prairie (hereinafter referred to as "City"). WITNESSETH: WHEREAS, Owners are the fee owners of certain premises situated in the County of Hennepin, State of Minnesota, more particularly described on Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property"), and, WHEREAS, the parties desire to provide for the preservation of certain values and amenities of the Property and to subject the Property to certain restrictions as hereinafter set forth. NOW, THEREFORE, in consideration of the mutual benefits to be derived, the parties hereto do hereby agree as follows: 1. Use of the Property shall be restricted to uses allowed in an Office District, except that the first floor of any building on the Property and no more than 4,000 square feet of such first floor may be used in a manner consistent with a commercial-regional-service use ("C-Reg-Ser"). If more than one building is erected on the Propety, the total square footage of C-Reg-Ser in each building shall be added together to determine the 4,000 square feet limit for C-Reg-Ser. 2. The terms "Office District" and "C-Reg-Ser District" shall have the same meanings as those terms are given in the Eden Prairie City Code Sections 11.20 and 11.25 (effective dates 9-17-82) as amended from time to time. 3. The restrictions created hereby shall be perpetual and shall run with and bind the Property from and after the date hereof. 032- 4. The restrictions shall benefit the present and future owners of the Property and the City. Any party benefitting from any restriction m a y s e e k t o enforce it by a proceeding at law or in equity against any person v i o l a t i n g o r attempting to violate the same, either to restrain violation, to require c o m p l i a n c e , or to recover damages. Attorneys fees and costs of any such actio n s t o r e s t r a i n violation or to recover damages as determined by the Court shall b e a s s e s s a b l e against and payable by any persons violating the terms contained herein . 5. This restriction may not be altered, modified, or amended without the prior written approval of the City. 6. This Agreem -nt shall inure to the benefit of and shall bind the parties hereto and their successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents t o b e executed the day and year first above written. DATED: CITY OF EDEN PRAIRIE Gary D. Peterson, Mayor Carl J. Jullie, City Manager STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1986, by Gary D. Peterson, the Mayor, and Carl J. Ju l l i e , t h e City Manager, of the City of Eden Prairie, a Minnesota municipal co r p o r a t i o n , o n behalf of the corporation. Notary Public FRANK CARDARELLE LOIS CARDARELLE STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 1986, by Frank and Lois Cardarelle, husband and wife. Notary Public Cardarelle III Office Bldg. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-95 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 9-86 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 9-86 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 20th. day of May, 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. 9-86, 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. 9-86 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 May 20, 1986. Gary D. Peterson, Mayor ATTEST: John D. Frane y City Clerk Cardarelle III Office Bldg. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 9-86 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: §MMTAnZ: This Ordinance allows rezoning of land located in the northwest quadrant of Regional Center Road and Eden Road from Office to Coenercial- Regional-Service, 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.) 113(, The Ridge CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 19-86 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: 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 May 20, 1986, entered into between Dirlam Development, a Minnesota corporation, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15th day of April, 1986, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of May, 1986. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of Exhibit A THE RIDGE ZONING LEGAL DESCRIPTION That part of the East 602.98 feet. as measured at right angles to the East line, of the Southeast 1/4 of Section 7, Township 116, Range 22. Hennepin County, Minnesota lying North of the Westerly extension and south 30.0 feet of the centerline of Kilmer Avenue as dedicated in the plat of HERITAGE PARK FIRST ADDITION and lying South of the following described line; Commencing at the Northeast corner of gold Southeast 1/4; thence on an assumed bearing of West along the North line of said Southeast 1/4 • distance of 1150.00 feet; thence South 520.00 feet to the actual point of beginning of the line to be herein described; thence South 56 degrees 48 minutes 36 seconds East 705.96 feet; thence North 75 degrees 58 minutes 54 seconds East 527.90 feet to the East-' line of said Southeast 1/4 and there terminating except Oudot A of the following described. Starting at a point east 602.98 feet, as measured at right angles to the east line, of the southeast 1/4 of Section 7, Township 116, Range 22, Hennepin County, Minnesota lying north of westerly extension of the centerline of Kilmer Avenue as dedicated in the plat of Heritage Park First Addition, thence north 3 degrees 27 minutes 23 seconds EAST a distance of 38.35 feet; thence south 56 degrees 48 minutes 36 seconds east a distance of 114.52 feet; thence south 22 degrees 24 minutes 39 ',cond., west a distance 96.80 feet; thence south 10 degrees 14 minutes 49 seconds east a distance 82.46 feet; thence south 7 degrees 01 minute 57 seconds west a distance 80.16 feet; thence south 32 degrees 00 minutes 49 seconds east a distance 98.23 feet; thence south 15 degrees 50 minutes 01 seconds east a distance 84.76 feet; thence south 5 degrees 04 minutes 28 seconds east a distance 80.90 feet; thence south 4 degrees 53 minutes 20 seconds west a distance 80.03 feet; thence south 16 degrees 08 minutes 12 seconds west a distance 82.0 feet; thence south 3 degrees 27 minutes 23 seconds west a distance 30.0 feet; thence north 86 degrees 32 minutes 37 seconds west a distance 160.0 feet; thence north 3 degrees 27 minutes 23 seconds east a distance 30.0 feet; to the beginning. THE RIDGE PLATTING LEGAL DESCRIPTION That part of the East 602.98 feet, as measured at right angles to the East line, of the Southeast 1/4 of Section 7, Township 116, Range 22, Hennepin County, Minnesota lying North of the Westerly extension and south 30.0 feet of the centerline of Kilmer Avenue as dedicated in the plat of HERITAGE PARK FIRST ADDITION and lying South of the following described line: Commencing st the Northeast corner of said Southeast IA; thence on an assumed bearing of Hest along the North line of said Southessc 1/4 a distance of 1150.00 feet; thence South 520.00 feet to the actual point of beginning of the line to be herein described; thence South 56 degrees 48 minutes 36 seconds East 705.96 feet; thence North 75 degrees 58 minutes 54 seconds East 527.90 feet to the East line of said Southeast 1/4 and there terminating The Ridge DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1986, by Dirlam Development, a Minnesota corporation, hereinafter referred to as "Deve l o p e r , " and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referre d t o a s "City:" WITNESSETH: WHEREAS, Developer has applied to City for a Zoning District Change from th e Rural District to the R1-13.5 District for 10.41 acres and preliminary pla t o f 1 0 . 4 1 acres into 17 single family lots, situated in Hennepin County, State of M i n n e s o t a , more fully described in Exhibit A, attached hereto and made a part hereof , a n d s a i d acreage hereinafter referred to as "the property;" NOW, THEREFORE, in consideration of the City adopting Ordinance #19-86, Developer covenants and agrees to construction upon, development, and maint e n a n c e o f said property as follows: 1. Developer shall develop the property in conformance with the materials revised and dated April 9, 1986, reviewed and approved by the City Council on April 15, 1986, and attached hereto as Exhibit 8, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Developer agrees to dedicate to the City Outlot A, as depicted on Exhibit B, attached hereto, prior to release by the City of the final plat. 4. Prior to release of the final plat by the City, Developer shall secure temporary easements for construction traffic from the southerly property line to T. H. #5. If that route is not feasible, and it is determined that access must be via Kilmer Avenue and Heritage Road, the Developer shall provide a letter of credit in an amount to be approved by the City Engineer to rebuild those streets. Rebulding shall include, but not be limited to, base reparies as necessary and at least a two inch bituminous overlay over the length of the streets. Developer agrees to cooperate with the developer of the project to the north and west, known as Donnay's Round Lake Estates, in order to provide both developers use of the temporary easements from T. H. #5 for construction traffic, only to the extent that such construction traffic will not interfere with,.or damage, work on the property as described in Exhibit A4 attached hereto. 5. Prior to issuance of any permit for grading upon the property, Developer agrees to implement erosion control measures and adequate protective measures for areas to be preserved and areas where grading is not to occur, and to receive City approval of said measures. Prior to approval by the City, the Developer must call for on-site inspection of the property by the City, and defects in materials and workmanship in the implementation of said measures shall then be determined by the City. Defects in materials or workmanship shall then be corrected by the Developer, reinspected and approved by the City prior to issuance of the grading permit by the City. Approval of materials and workmanship may be subject to such conditions as the City may impose at the time of acceptance. 6. Prior to issuance of any building permit upon the property, Developer shall submit to the City Engineer, and receive the City Engineer's approval of plans for streets, sanitary sewer, water, storm sewer, and erosion control for the property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 7. Developer shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. 8. Concurrent with street and utility construction, Developer agrees to construct, or cause to be constructed, an eight-foot wide bituminous trail along the western and northern property lines, as depicted in Exhibit 8, attached hereto. 1140 The Ridge CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-98 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 19-86 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 19-86 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of May, 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. 19-86, 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. 19-86 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 May 20, 1986. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk The Ridge CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 19-86 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: §.ELIMEX: This Ordinance allows rezoning of land located northwest of Kilmer Avenue, west of Atherton Way, from Rural to R1-13.5, 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.) tiga- Exhibit A Legal Description Tract 0, Registered Land Survey No. 687, Hennepin County, Minnesota HLI3 Metropolitan Council of the Twin Cities Area 300 Metro Square Building, 7th and Robert Streets St. Paul, Minnesota 55101 Tel. 612 291 -6359/TDD 291 -1VOt V ISe) 101 DATE: May 2, 1986 TO: I-494 Project Management Team FROM: Connie Kozlak SUBJECT: Interagency Agreement Enclosed is a revised Agreement for the I-494 Corridor Study. As I mentioned at our April 30 meeting, the Council lawyers and financial people had not reviewed the draft. After receiving comments from them and some participants, I have made a few revisions in the Agreement. The changes (other than punctuation and minor legal language) are in Section 2 where the language on proxy voting was eliminated and Section 6 where the reference to "accrued interest" was dropped. Our finance department said that with payments being made from communities in 3 parts and disbursed to the consultants monthly, the balance in the account at any given time would, earn very little interest at today's rates. If any of you have questions about the changes or additional comments, please call me as soon as possible since some participants have already scheduled consideration by their elected officials. JM1051 rig AGREEMENT for I-494 CORRIDOR STUDY THIS AGREEMENT is made and entered into this day of , 1986 by and between the Metropolitan Council, a political subdivision of the State of Minnesota, hereinafter called the "Council," and the CITY OF a municipal corporation and political subdivision of the State of Minnesota. WHEREAS, I-494 is reaching the end of its 20 year design period; and WHEREAS, improvements to the freeway are needed in anticipation of the expected development in the southern and southwestern portions of the Metropolitan Area; and WHEREAS, an I-494 Corridor Study is needed: - To produce an ultimate design concept for the metropolitan roadways in that corridor; - To identify development levels and land-use types compatibile with the proposed transportation infrastructure; and, - To recommend a strategy (i.e., timetable and funding mechanisms) for implementation of the proposed transportation improvements. NOW, THEREFORE, in consideration of the mutual undertakings herein expressed, the PARTIES AGREE AS FOLLOWS: SECTION I PROFESSIONAL SERVICES CONTRACT Upon receipt of the fund share of Minnesota Department of Transportation, Regional Transit Board, Hennepin County, Metropolitan Airports Commission and the cities of Bloomington, Eden Prairie, Edina, Richfield and Minnetonka as provided in Section 5 hereof, the Council shall act as lead agency and shall contract on behalf of the parties with a consultant to be selected, hereinafter called "Consultant," who shall prepare the Study for a cost not to exceed $180,000. SECTION 2 PROJECT MANAGEMENT TEAM ORGANIZATION AND PURPOSE The parties shall establish a Program Management Team (PMT), which shall supervise the Consultant in preparing the Study. The PMT shall meet at least once each month to review and approve the Consultant's progress, findings, and recommendations, and shall take actions upon majority vote of a quorum of present and voting members. The PMT shall observe the requirements of the Minnesota Open Meeting Law. The PMT shall report final recommendations pertaining to the Consultant's findings to the parties no later than May, 1987. SECTION 3 PROJECT MANAGEMENT TEAM The PMT shall be made up of eighteen (18) members whom the parties shall apppoint as follows: Metropolitan Council Two (2) members Minnesota Department of Transportation Two (2) members Regional Transit Board Two (2) members Bloomington Two (2) members Eden Prairie Two (2) members Edina Two (2) members Richfield Two (2) members Hennepin County Two (2) members Minnetonka One (1) member Metropolitan Airports Commission One (1) member Each member shall designate an alternate who should be fully versed in the agency's position and given the member's endorsement to speak and vote. SECTION 4 CONSULTANT SCOPE OF WORK The scope of work, as prepared by the Council and performed by the Consultant, shall be in general conformance with Attachment A to this Agreement. SECTION 5 FINANCE The Council shall receive funds from the parties as prescribed herein, and shall deposit funds in an interest-bearing account which it shall manage. Within ten (10) days after the effective date of the Consultant contract, the parties shall furnish to the Council at least one-third (1/3) of their respective share amounts. On a date three (3) months after the effective date of the Consultant contract, the parties shall furnish to the Council at least an additional one-third (1/3) of their respective share amounts. On the date six (6) months after the effective date of the Consultant contract, the parties shall furnish to the Council the final one-third (1/3) of their respective share amounts. The Council shall disburse funds from the account in payment for consultant services in accordance with billings received. Before termination of this Agreement, the Council shall provide an accounting of receipts and expenditures to each contributing party, and shall refund the remaining balance to each contributor in proportion to that contributor's total contribution. The parties shall contribute the following shares of the Study preparation costs: Metropolitan Council Minnesota Department of Transportation Regional Transit Board Hennepin County City of Bloomington City of Eden Prairie City of Edina City of Richfield City of Minnetonka Metropolitan Airports Commission Total SECTION 6 STAFF SUPPORT $ 20,000 50,000 20,000 15,000 15,000 15,000 15,000 15,000 7,500 7,500 $180,000 In addition to the contributions provided in Section 5, the parties agree to contribute sufficient staff support to ensure that the Study will be completed expeditiously and that all actions pertaining to its development will be documented and circulated. SECTION 7 DISPOSITION OF DATA The Consultant shall deliver original copies of all data, computations, working papers, technical reports and recommendations to the Council, who shall retain them and whose property they shall become. SECTION 10 AGREEMENT TERMINATION This Agreement shall terminate no later than fifteen (15) months after the effective date of the Consultant's Contract with the Council. IN WITNESS WHEREOF, the Parties have hereunto set their hands the day and year first above written. Approved as to Legal Form: (Name of City or Agency) Signed By Mayor Date By Executive Director Approved as to Legal Form: Signed METROPOLITAN COUNCIL By Chair By Date JM1049 Executive Director Li ? For more information contact the Public Information Office 612/291-6464 For Immediate Release: Transportation Agencies Studying Redesign of Interstate Hwy. 494 Ken Reddick 291-6422 Friday, May 2, 1986 Persistent suburban traffic jams are beginning to appear along aging Interstate Hwy. 494 southwest of Minneapolis. If tall buildings continue to sprout along I-494--including offices, shopping centers, hotels and restaurants--traffic may slow to what's sometimes called "snarl and crawl." Metropolitan Council planners already expect big increases in 1-494 traffic, the result of developments proposed for the former Metropolitan Stadium site, the Homart office complex at France Av. and 1-494, and others. To help the freeway handle the increased traffic, the Council and the Minnesota Department of Transportation (Mh/DOT) are heading up a study team to redesign 1-494. The team includes representatives of the affected cities of Bloomington, Eden Prairie, Edina, Minnetonka and Richfield. The study promises to be an exercise in governmental cooperation. The Council, Mn/DOT and the five cities will be joined by three other governmental bodies. They are the Regional Transit Board, Hennepin County and the Metropolitan Airports Commission. The portion of 1-494 under study runs through some of the highest-priced more real estate in the region. The 20-mile segment from I-35E in Eagan to I- 394 in Minnetonka includes many areas developers believe are ripe for high- density development. Improvements to 1-494 may include adding new lanes and installing a High- Occupancy-Vehicle (HOV) lane. (A HOV lane is reserved for vehicles with two or more passengers.) Traffic entering the freeway on ramps may be metered to even out the traffic flow. Another option includes developing reliever roadways parallel to the freeway for people traveling short distances. The study is scheduled to be completed by May 1987. Its cost, not to exceed $200,000, will be shared by the 10 participating bodies. Before reconstruction begins, Mn/DOT will prepare an environmental impact statement and develop a final design. -30- ORDINANCE NO. 23-86 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REPEALING CITY CODE SECTION 5.40: THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Eden Prairie City Code Section 5.40, entitled "Gambling Devices," is hereby repealed in its entirety. Section 2. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of May 1986, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of May , 1986. ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1986. n 01 ORDINANCE NO. - /47 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 4.02, SUBD. 4.0.; SECTION 4.14; SECTION 4.30; SEC- TION 4.32, SUBD. 1; AND SECTION 4.51, SUBD. 5, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 4.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS: THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Eden Prairie City Code Section 4.02, Subd. 4.G., is hereby amended to read: . G. Revocation, er Suspension [or Fine). The-Geun- eiI-mayT-in-its-seie-diseretien-and-fer-amy-reasenabie-eaese, reveker-er-suspend-Eer-a-peried-net-te-exeeed-sixty-daysT-any lieense-granted-under-tile-previsiene-ef-this-Ghapter,.--The-Geeneil shall-reveke-the-iieense-upen-eenvietien-ef-any-Iieensee-eE-agent er-empleyee-ef-a-lieensee-fer-vielating-any-law-relating-te-the sale-er-pessessien-ef-beerr-wine-er-iiquer-upen-premisee-ef-the lieeneeer-er-if-eeeh-reveeatien-is-mandatery-lay-Statute7--4f-it shali-be-made-te-appear-at-the-heering-thereen-that-sueh-vielatien was-net-willEulT-the-Geeneii-may-erder-suspensient-previded7-that _reveeatierirehaiI-be-erdered-upen-the-third-eueh-vielatien-er eifenseT [Upon a finding that the licensee of any license granted pursuant to this Section has failed to comply with any applicable Statute, regulation or ordinance relating to intoxicating liquor, the Council shall either suspend the license for a period not to exceed sixty days, revoke the license or impose a civil fine on the licensee not to exceed $2,000.00 for each violation.) No suspension[, fine,) or revocation shall take effect until the )K2 licensee (or permit holder] has been affordedan opportunity for a hearing before the Council, a committee of the Council, or a hearing examiner, as may be determined by the Council in action calling the hearing. Such hearing shall be called by the Council upon written notice to the licensee served in person or by certi- fied mail not less than fifteen nor more than thirty days prior t o the hearing date, stating the time, place and purpose thereof. The Council shall revoke the license upon conviction of any licensee or agent or employee of a licensee for violating any law relating to the sale or possession of beer, wine or liquor upon the premises of the licensee, or if such revocation is mandator y by Statute. If it shall be made to appear at the hearing there o n that such violation was not willful, the Council may order suspe n - sion or a fine not to exceed $2,000.00; provided, that revocatio n shall be ordered upon the third such violation or offense.] As additional restrictions or regulations on licensees under this Chapter, and in addition to grounds for revocation or suspension stated in the City Code or Statute, the following shall also be grounds for such action: (1) that the licensee suffered or per- mitted illegal acts upon the licensed premises unrelated to the sale of beer, wine or liquor; (2) that the licensee had knowledge of such illegal acts upon the licensed premises, but failed to report the same to police; er, (3) that the licensee failed or refused to cooperate fully with police in investigating such alleged illegal acts upon licensed premises(; or, (4) that the licensee failed to maintain financial responsibility required b y -2- Section 4.14 of the City Code]. The Council may, in its discre- tion, contract with the State of Minnesota for a hearing examiner to hold such hearing. Section 2. Eden Prairie City Code Section 4.14 is hereby amended to read: SEC. 4.14. FINANCIAL RESPONSIBILITY OF LICENSEES. Subd. 1. Proof. No beer, wine or liquor license shall be issued(, maintained,] or renewed unless and until the appli- cant has provided proof of financial responsibility imposed by Minnesota Statutes, Section 340.95, by filing with the City: A. A certificate that there is in effect an insurance policy or pool providing minimum coverages of (1) $50,000.00 because of bodily injury to any one person in any one occurrence, and $100,000.00 because of bodily injury to two or more persons in any one occurrence, and in the amount of $10,000.00 because of injury to or destruction of property of others in any one occurrence, and (2) $50,000.00 for loss of means of support of any one person in any one occurrence, and, subject to the limit of one person, $100,000.00 for loss of means of support of two or more persons in any one occurrence [(an annual aggregate policy limit for dram shop liability of not less than $300,000.00 per policy may be included in the policy provision)]; or, B. A bond of a surety company with minimum coverages as provided in Subparagraph A of this Section; or, C. A certificate of the State Treasurer that the licensee has deposited with him $100,000.00 in cash or securities -3- which may legally be purchased by savings banks or for trust funds having a market value of $100,000.00. Subd. 2. Exception. This Section does not apply to on-sale beer licensees with sales of beer of less than $10,000.00 for the preceding year, nor to off-sale beer licensees with sales of beer of less than $20,000.00 for the preceding year, nor does it apply to holders of on-sale wine licenses with sales of wine of less than $10,000.00 for the preceding year. An affidavit of the licensee shall be required to establish the exemption under this Subdivision. (Subd. 3. The liability insurance policy, bond or certificate of the State Treasurer required above shall provide that it may not be cancelled for any cause either by the licensee or the insurance company, bond company or State Treasurer, without first giving ten days notice to the municipality in writing of intention to cancel it, addressed to the City Clerk. Subd. 4. Every application for the issuance or renewal of a license for the sale of intoxicating or non-intoxicating liquor must include a copy of each Summons received by the appli- cant under Minnesota Statutes, Section 340.951, during the preceding year.) Subd. g(5). Documents Submitted to Commissioner. All proofs of financial responsibility and exemption affidavits filed with the City under this Section shall be submitted by the City to the Minnesota Commissioner of Public Safety. -4- Section 3. Eden Prairie City Code Section 4.30 is hereby amended to read: SEC. 4.30. BEER LICENSE REQUIRED. It is unlawful for any person to sell, or keep or offer for sale, any beer without a license therefor from the City. This Section shall not apply to sales by manufacturers to wholesalers or to sales by wholesalers to persons holding [licensed by the City to sell] on-sale or off-sale beer lieenses-Erem-the-Gity [or intoxicating liquors, nor shall this Section apply to sales to the public by persons licensed by the City to sell on-sale or off-sale intoxicating liquors]. Section 4. Eden Prairie City Code Section 4.32, Subd. 1, is hereby amended to read: Subd. 1. No gambling or gambling device shall be per- mitted on any licensed premises, except such as are licensed under the-€±y-Sede[Minnesota Statutes, Section 349, et seq.] Section 5. Eden Prairie City Code Section 4.51, Subd. 5, is hereby amended to read: Subd. 5. No gambling or gambling device shall be per- mitted on any licensed premises, except such as are licensed under the-€y-Gede [Minnesota Statutes, Section 349, et seq.] Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 4.99 are hereby adopted in their entirety, by reference, as though repeated verbatim herein. -5- Section 7. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the _ day of 1986, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ATTEST: , 1986. City Clerk May or PUBLISHED in the Eden Prairie News on the day of , 1986. -6— ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 7.01 AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 7.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS: THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Eden Prairie City Code Section 7.01 is hereby amended to read: SEC. 7.01. MINNESOTA STATUTES, CHAPTERS 169 AND171 ADOPTED BY REFERENCE. Except as otherwise provided in this Chapter, or in. Chapters 6 and 8 of this Code, the regulatory and procedural provisions of Minnesota Statutes, Chapter 169 (commonly referred to as the Highway Traffic Regulation Act) and Chapter 171, as amended through Laws 1963 (1985), are hereby incorporated herein and adopted by reference, including the penalty provisions thereof. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 7.99 are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after itspassage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of 1986, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1986. ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the , 1986. .11517 day of ORDINANCE NO. t") AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 9.06, SUBD. 2.B.; SECTION 9.08; AND SECTION 9.31, SUBD. 5, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS: THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Eden Prairie City Code Section 9:06, Subd. 2.8., is hereby amended to read: B. Prohibitions. 1. Possession of Drug Paraphernalia. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of Minnesota Statutes, Chapter 152. [A violation of this Section is a petty misdemeanor.] 2. Manufacture or Delivery of Drug Paraphernalia. It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of Minnesota Statutes, Chapter 152. [A violation of this Section is a misdemeanor.] 3. Delivery of Drug Paraphernalia to a Minor. Any person eighteen years of age or over who violates this Subparagraph B, by delivering drug paraphernalia to a per- son under eighteen years of age who is at least three years his junior is guilty of a speciai-offense [gross misdemeanor). 4. Advertisement of Drug Paraphernalia. It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug para- phernalia. [A violation of this Section is a misdemeanor.] Section 2. Eden Prairie City Code Section 9.08 is hereby amended by adding a new Subd. 8 which shall read as follows: [Subd. 8. Running at Large. It is unlawful for the owner, or parents or guardian of such owner under eighteen years of age, of a horse, pony or farm animal, except honey bees, to allow such horse, pony or farm animal to run at large.) Section 3. Eden Prairie City Code Section 9.31, Subd. 5, is hereby amended to read: Subd. 5. Loitering [and Improper Presence on School Grounds]. It is unlawful for any person to loiter on any school grounds or in any school building or structure or to fail to or refuse to vacate or leave school premises after being lawfully requested to do so orally or in writing by school personnel or any law enforcement agent or official, or for any person to appear on -2- 11b0 school property after being given written notice by school personnel or any law enforcement agent or official to stay off school property for any designated, reasonable length of time]. Section 4. 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 5. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of 1986, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1986. ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1986. -3- CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-104 A RESOLUTION APPROVING FINAL PLAT OF RED ROCK HEIGHTS 4TH ADDITION WHEREAS, the plat of Red Rock Heights 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 BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for Red Rock Heights 4th Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated May 12, 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 May 20, 1986. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, Clerk TO: THROUGH: FROM: DATE: SUBJECT: PROPOSAL: HISTORY: CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT Mayor Peterson and City Council Members Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works David L. Olson, Senior Engineering Technician May 12, 1986 RED ROCK HEIGHTS 4TH ADDITION The Developers, William Bilk and Jerry Halmrast, have requested City Council approval of the final plat of Red Rock Heights 4th Addition. The proposed subdivision contains 10 lots on approximately 4.485 acres located west of Red Rock Heights and south of Scenic Heights Road. The development of this section of the Red Rock Heights site will comprise Phase 3 of a total 4 phases. The preliminary plat was approved by the City Council on March 19, 1485, per Resolution 85-69. Zoning to RI-13.5 was finally read and approved by the City Council on May 7, 1985, per Ordinance 7-85. The Developer's Agreement referred to within this report was executed on May 7, 1985. VARIANCES: A variance from the minimum lot size (City Code Section 11.50) was approved by the City Council on May 7, 1985. 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. UTILITIES AND STREETS: All municipal utilities and streets will be installed throughout the addition by the developer in conformance with City standards. Page 2, Final Plat of Red Rock Heights 4th Addition 5/12/86 PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. BONDING: Bonding shall conform to City code requirements. RECOMMENDATION: Recommend approval of the final plat of Red Rack Heights 4th Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street lighting fee in the amount of $2,048. 2. Receipt of street sign fee in the amount of $250. 3. Receipt of engineering fee in the amount of $400. 4. Satisfaction of bonding requirements. DLO:sg cc: Mr. Jerry Halmrast Mr. William Gilk Mr. Ron Krueger CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-107 A RESOLUTION APPROVING FINAL PLAT OF THE RIDGE WHEREAS, the plat of The Ridge 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 Eden Place Apartments is approved upon compliance with the recommendation of the City Engineer's report on this plat dated May 12, 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 May 20, 1986. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, Clerk TO: THROUGH: FROM: DATE: SUBJECT: PROPOSAL: HISTORY: CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT Mayor Peterson and City Council Members Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works ?' Jeff Johnson, Engineering Technician May 12, 1986 THE RIDGE Dirlam Development has requested City Council approval of the final plat of The Ridge, a single family residential plat located north of Hwy 5 and west of Atherton Way in the southeast quarter of Section 7. The site contains 10.42 acres to be subdivided into 17 single family lots and the dedication of street right-of-way. The preliminary plat was approved by the City Council on April 15, 1986, per Resolution 86-69. The second reading of Ordinance 20-86, zoning the property to RI-13.5, is scheduled for the May 20, 1985, City Council meeting. The Developer's Agreement referred to within this report is scheduled for execution on May 20, 1986. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: Municipal utilities and streets necessary to serve this site are proposed for installation with Donnay's Round Lake Estates. A 6" water main now exists on Kilmer Avenue which would be looped through the site and connect with proposed water main to be constructed with Donnay's Round Lake Estates. This parcel has never been assessed for trunk sewer and water. As part of the development process, approximately $29,000.00 will be levied against property at the fall assessment hearing. PARK DEDICATION: Park dedication shall conform to City Code and Developer's Agreement requirements. Page 2 Final Plat Report for The Ridge 5/12/86 BONDING: Bonding will conform to City Code requirements. RECOMMENDATION: Recommend approval of the final plat of The Ridge subject to the requirements of this report, the Developer's Agreement, and the following: 1. Receipt of street lighting fee in the amount of $1536. 2. Receipt of street sign fee in the amount of $230. 3. Receipt of engineering fee in the amount of $680. 4. Subject to approximately $29,000 of trunk and water assessments. 5. Second reading of Ordinance 20-86. 6. Execution of Developer's Agreement. DLO:sg cc: Mr. Dennis Dirlam Westwood Planning & Engineering Mr. Jim Richardson CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 86-105 RESOLUTION RECEIVING FEASIBILITY REPORT AND SETTING PUBLIC HEARING WHEREAS, a report has been given by the City Engineer to the City Council recommending the following improvements to wit: I.C. 52-069, Drainage Improvements in Bluffs West 5th Addition and Vicinity NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: I. The Council will consider the aforesaid improvements in accordance with the report and the assessment of property abutting or within said boundaries for all or a portion of the cost of the improvement pursuant to M.S.A. Section 429.011 to 429.111, at an estimated - total cost of the improvements as shown. 2. A public hearing shall be held on such proposed improvement on the 17th of June, 1986, 7:30 P.M., at the Eden Prairie School Administration Building, 8100 School Road. The City Clerk shall give published and mailed notice of such hearing on the improvements as required by law. ADOPTED by the Eden Prairie City Council on May 20, 1986. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk TO: THROUGH: FROM: DATE: RE: Mayor Peterson and City Council Members Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works May 14, 1986 Bluffs West 5th Addition and Vicinity Drainage Improvements Included with the agenda for the May 20, 1986, City Council meeting, is a copy of the feasibility report for the drainage improvements for Bluffs West 5th Addition and the surrounding vicinity. As you know, a public hearing was held on this matter on February 19, 1985, at which time the Council ordered the improvements and the preparation of plans and specifications. Subsequent to that action, and prior to the preparation of plans and specifications, the Bluffs Company asked that the improvements be postponed indefinitely because they did not intend to pursue the development project which was the catalyst for the drainage improvements. Attached for your information is a letter dated May 7, 1986, which requests that the drainage improvement project be initiated once again. The property is in the process of being transferred to Argus Development, Inc., a home builder. Unfortunately, this request comes more than one year from the date of the public hearing on the feasibility study for the drainage improvements. The State Statutes require that a contract be let for improvement project within one year after the project being ordered. Therefore, it will be necessary to have a new public hearing and reestablish current resolutions ordering the improvements. I have reproduced the original feasibility report for this project and it is enclosed for your use. For planning purposes, you should assume that all the construction costs and corresponding assessments should be increased by 5% to reflect some inflation during the past year. EAD:sg May 7, 1986 Argus Development, Inc. 18133 Cedar Ave. So. Farmington, Minnesota 55024 Eden Prairie City Offices 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Attn: Gene Dietz Dear Mr. Dietz, Argus Development is purchasing Bluffs West 5th Addition from the Bluffs Company. Both partias hereby request a hearing on the storm sewer for that area. Argus intends to develop it as soon as possible. Thanks for your help. Sincerely, I no CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 86-108 RESOLUTION RECEIVING FEASIBILITY REPORT AND SETTING PUBLIC HEARING WHEREAS, a report has been given by the City Engineer to the City Council recommending the following improvements to wit: I.C. 52-272, Valley View Road Improvements NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. The Council will consider the aforesaid improvements in accordance with the report and the assessment of property abutting or within said boundaries for all or a portion of the cost of the improvement pursuant to M.S.A. Section 429.011 to 429.111, at an estimated total cost of the improvements as shown. 2. A public hearing shall be held on such proposed improvement on the 17th of June, 1986, 7:30 P.M., at the Eden Prairie School Administration Building, 8100 School Road. The City Clerk shall give published and mailed notice of such hearing on the improvements as required by law. ADOPTED by the Eden Prairie City Council on May 20, 1986. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk TO: THROUGH: FROM: DATE: RE: Mayor Peterson and City Council Members Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works May 14, 1986 Valley View Road Feasibility Report I.C. 51-272 The public hearing held for the feasibility report for Valley View Road was conducted on March 5, 1985. Due to the two issues of soil conditions and the uncertainty of the status of the railroad overpass, this project has been delayed past the one year period within which a contract must be awarded after the project has been ordered. To preserve the proper legal requirements for special assessments, we are proposing that a new public hearing be held on the project June 17, 1986. In addition to maintain proper legal requirements, we will introduce the changes as we anticipate them for the construction through the railroad right- of-way. A copy of the original feasibility report for this project is enclosed for your review and information. I would point out that we anticipate the area from the creek to approximately 300 feet east of the railroad right-of-way to be constructed in a temporary fashion which would utilize the existing "graffiti" bridge and a temporary wooden trestle immediately north of the "graffiti" bridge. The temporary trestle and extra costs to provide the temporary connections are estimated to cost $140,000. This compares to a proposed cost to completely replace the "graffiti' bridge with a new overpass and the associated work of $635,000. While it may come to pass that a new structure will have to be ultimately built at the location, the risk to provide a temporary facility for a few years in hopes that the railroad will be abandoned is small when compared to the entire project. For planning purposes, the cost figures and corresponding assessments should be assumed to be 5% higher than as shown in the feasibility report. EAD:sg Ira MEMORANDUM Mayor and City Council Parks, Recreation and Natural Resources Commission Carl Jullie, City Manager Bob Lambert, Director of Community Services- April 29, 1986 SUBJECT: Sterling Field Association Request Attached is an April 24, 1986 letter from Ron Stetter, President of the Sterling Field Association, requesting the City to consider replacing the playground equipment in Sterling Field Park. During the week of April 21st, the park maintenance department removed the homemade playground equipment that had deteriorated to a dangerous condition. The Sterling Field neighborhood would like the City to replace the equipment with a similar manufactured structure at a price of approximately $5,600. This play equipment would be similar to the type of playground equipment that is installed in various neighborhood parks and mini parks throughout the City. The Community Services Department requests the Parks, Recreation and Natural Resources Commission and the City Council to approve the request and fund this expenditure through cash park fees. BL:md TO: THRU: FROM: DATE: UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION Monday, May 5, 1986 7:30 p.m., School Board Room COMMISSION MEMBERS PRESENT: Pat Breitenstein, chairperson; Bud Baker (late), Moe Cook, Gary Gonyea, Karon Joyer, Brian Mikkelson, Charles Shaw COMMISSION MEMBERS ABSENT: None COMMISSION STAFF: Bob Lambert, Director of Community Services OTHERS PRESENT: None I. ROLL CALL The meeting was called to order at 7:30 p.m. by chairperson, Pat Breitenstein. II. APPROVAL OF AGENDA MOTION: Cook moved to approve the agenda as mailed. Gonyea seconded TETiiiiion and it passed 6-0. III. APPROVAL OF MINUTES - APRIL 7, 1986 MOTION: Cook moved to approve the minutes as mailed. Mikkelson seconded the motion and it passed 4-0. Shaw and Joyer abstained. IV. PETITIONS, REQUESTS AND COMMUNICATIONS A. Sterling Fields Association Request Refer to memo dated April 29, 1986 from Bob Lambert, Director of Community Services and letter dated April 24, 1986 from Ron Stetter, President, Sterling Fields Association. Lambert referred to a letter he received from Ron Stetter, President of Sterling Fields Association. Lambert said that Sterling Park is the oldest park in the area and was started by the association itself. The City was asked to take over the park about two years ago and noticed that the playground equipment was deteriorating. The equipment was removed and the association was given equipment catalogs from which to choose new playground equipment. The City usually spends between $5,000 and $6,000 on equipment for this type of park. The association has picked out similar equipment to what they had. Staff recommends approval of the request. UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION May 5, 1986 -2- Shaw asked how long it will take to install the new equipment. Lambert said the City must get two additional quotes which will take about two weeks and to order and install the equipment would take an additional six to eight weeks. Shaw said he feels the residents should be given an opportunity to look at the quotes before a decision is made so they are aware of what they will be getting. Lambert said this would not be a problem. Breitenstein commended the association for the many years they maintained the park. MOTION: Shaw moved to recommend approval of the Sterling Fields Association request that the City purchase new playground equipment for Sterling Park at a cost of $5,000 to $6,000. Cook seconded the motion and it passed 7-0. Cook asked if there are any signs showing that this is a community park. Lambert said there are no signs near any of the mini parks and he would hesitate to put up signs since the park is so small. Cook asked if there is room in this park for a ballfield. Lambert said there is a small field that could be used for T-ball only. However, there is no off street parking. V. DEVELOPMENT PROPOSALS A. Hidden Glen 4th Addition Refer to memo dated May 1, 1986 from Bob Lambert, Director of Community Services and staff reports dated March 7, 1986 and April 11, 1986. Lambert reviewed the three parks, recreation and natural resources issues on this site. They are neighborhood park acquisition, Purgatory Creek conservation area acquisition, and trails and sidewalks. Lambert said the Hidden Glen proposal first came before the commission in 1984 for the original PUD. At this time, the City agreed to purchase the neighborhood park on a contract for deed at a cost of $80,000 for eight acres. The developer also agreed to grade the park and finish grade the topsoil. This agreement has been held up because of the alignment of Dell Road and a decision on which assessments would be paid by the City or the developer. Staff recommends that the purchase agreement and contract for deed be completed before any further final platting is done. Lambert also said that in the original PUD, staff recommended the City require dedication of the four acre outlot in the Hidden Glen 2nd Addition, Phase II which abuts the Purgatory Creek Conservation Area. Staff recommends that the acquisition of this outlot be a condition of the revised PhD. Mimhtectixtts • Scasith Pout METROPOLITAN AIRPORTS COMNIISSION P. 0. BOX 11700 • TWIN CITY AIRPORT • MINNESOTA 55111 OFFICE OF EXECUTIVE DIRECTOR • PHONE (612) 726-1892 May 6, 1986 Jean Johnson Flying Cloud Advisory Canmission 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Mt. Johnson: This letter is to inform you that I am no longer the representative member from the Metropolitan Airports Comnission to the Flying Cloud Advisory Cannission. Upon my promotion to Assistant to the Airport Director, Gary Schmidt was promoted to Manager of Reliever Airports and will be the MAC representative. Please address all correspondence regarding the Flying Cloud Advispry Commission to Gary Schmidt, Manager, Reliever Airports, 600628th Avenuq South, Minneapolis, MN 55450. OFFICE 1OCATION -6040 25th AVE. SO .-WEST TERMINAL AREA-MINNEAPOLIS-SAINT PAUL INTERNATIONAL AIRPORT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-109 A RESOLUTION RELATING TO PUBLIC ACTIVITY AT FLYING CLOUD SANITARY LANDFILL ON JUNE 1, 1986 WHEREAS, the City of Eden Prairie, the City Council, the Earth Protector Group and the Citizens of Eden Prairie are against any and all future expansion of the Flying Cloud Sanitary Landfill; WHEREAS, the final capacity of the Flying Cloud Sanitary Landfill will be exhausted when 5,261 a/F + 226 a/f = 5,787 of refuse plus the final cover material are in place; WHEREAS, the Flying Cloud Sanitary Landfill poses a public nuisance with litter, odor, and an increased threat to the environmental quality of the surrounding area; WHEREAS, the effects and consequences of the Flying Cloud Sanitary Landfill will be felt by the surrounding public and environment for decades to come; WHEREAS, refuse must be hauled in a manner which promotes composting, source separation, and recyclable programs rather than burning or landfilling; BE IT RESOLVED that the City of Eden Prairie will support a Ring- around-the-Landfill public rally on June 1, 1986 at the Flying Cloud Drive In on Hwy. 169 in Eden Prairie next to the Flying Cloud Landfill at 1:00 PM. ADOPTED BY THE EDEN PRAIRIE CITY COUNCIL THIS 20TH DAY OF MAY, 1986. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, Clerk rn Edenvale Mini-Storage CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 17-86 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING FOR CERTAIN LAND WITHIN THE 1-2 PARK ZONING 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 the amendment of the zoning for the land within the 1-2 Park District. Section 3. That the proposal is hereby adopted and the zoning of the land shall be, and hereby amended is within the 1-2 Park Zoning District. 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 May 20, 1986, entered into between Eden Land Sales, Inc., a Minnesota Corporation, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1st day of April, 1986, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of May, 1986. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of hi ? Exhibit A Legal Description Outlot G, Edenvale Industrial Park, Hennepin County, Minnesota. Edenvale Mini-Storage DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1986, by EDEN LAND SALES, INC., a Minnesota corpora t i o n , h e r e i n a f t e r r e f e r r e d t o a s "Developer," and the CITY OF EDEN PRAIRIE, a m u n i c i p a l c o r p o r a t i o n , h e r e i n a f t e r referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zo n i n g D i s t r i c t A m e n d m e n t w i t h i n the 1-2 Park District for construction of a m i n i - s t o r a g e u s e , s i t u a t e d i n i n Hennepin County, State of Minnesota, more fu l l y d e s c r i b e d i n E x h i b i t A , a t t a c h e d hereto and made a part hereof, and said acr e a g e h e r e i n a f t e r r e f e r r e d t o a s " t h e property;" NOW, THEREFORE, in consideration of the Cit y a d o p t i n g O r d i n a n c e # 1 7 - 8 6 , Developer covenants and agrees to construction u p o n , d e v e l o p m e n t , a n d m a i n t e n a n c e o f said property as follows: 1. Developer shall develop the property in c o n f o r m a n c e w i t h t h e materials revised and dated , 19 8 6 , r e v i e w e d a n d approved by the City Council on April 1, 1986 , a n d a t t a c h e d h e r e t o as Exhibit B, subject to such changes and modif i c a t i o n s a s p r o v i d e d herein. Developer shall not develop, constru c t u p o n , o r m a i n t a i n the property in any other respect or manner tha n p r o v i d e d h e r e i n . 2. Developer covenants and agrees to the performa n c e a n d o b s e r v a n c e b y Developer at such times and in such manner as p r o v i d e d t h e r e i n o f all of the terms, covenants, agreements, and co n d i t i o n s s e t f o r t h i n Exhibit C, attached hereto and made a part here o f . 3. Prior to issuance of any building permi t u p o n t h e p r o p e r t y , Developer agrees to submit to the City Engi n e e r , a n d r e c e i v e t h e City Engineer's approval of cross-sections o f t h e e x i s t i n g d r a i n a g e ditch for determination as to whether an e a s e m e n t v a c a t i o n i s possible. If an easement vacation is not poss i b l e , D e v e l o p e r a g r e e s to amend the site plan to remove that portio n o f t h e b u i l d i n g w i t h the easement as depicted in Exhibit D, atta c h e d h e r e t o a n d m a d e a part hereof. 4. Prior to issuance of any building permit upon the property, Developer shall submit to the Director of Planning, and receive the Director's approval of revised plans indicating the extent of additional right-of-way required for Highway #5 by the Minnesota Department of Transportation. Developer agrees that any revisions shall also include revisions necessary to meet setback requirements of the 1-2 Park District of the City Code. 5. Prior to issuance of any building permit upon the property, Developer shall submit to the City Engineer and the Minnesota Department of Transportation, and receive the approval of the City Engineer and the Minnesota Department of Transportation, for site run-off calculations for determination of the adequacy of capacity of said drainage ditch. Upon approval by the City Engineer and the Minnesota Department of Transportation, Developer agrees to construct, or cause to be constructed, any changes to said drainage ditch, as approved by the City Engineer and Minnesota Department of Transportation. 6. Prior to issuance of any building permit upon the property, Developer shall submit to the City Engineer, and receive the City Engineer's approval of plans for streets, sanitary sewer, water, storm sewer, and erosion control for the property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 7. Prior to issuance of any building permit upon the property, Developer agrees to submit to the Director of Planning, and receive the Director's approval of: A. Detailed plans for lighting upon the property. B. Samples of the exterior building materials and color schemes. C. Detailed plans, including elevations, for the pitched roof on the most southerly building, as depicted on Exhibit B, which is to be consistent with the roof of the existing residence on the property. The roof shall be of a height necessary to screen parking and bay doors from any sight lines anticipated from the newly established road elevation for Highway #5. D. Detailed plans for the fence on the property. Upon approval by the Director of Planning, Developer agrees to construct and implement, or cause to be constructed and implemented, those improvements listed above as approved by the Director of Planning. 8. Developer shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. Edenvale Mini-Storage OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN EDEN LAND SALES, INC. AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1986, by and between Edenvale Industrial Company, a Minnesota genera l p a r t n e r s h i p , hereinafter referred to as "Owner," and the City of Eden Prair i e , h e r e i n a f t e r referred to as "City:" For and in consideration of, and to induce, City to adopt Ordinan c e # 1 7 - 8 6 amending the zoning of the property owned by Owner within the 1-2 Pa r k D i s t r i c t , a s more fully described in that certain Developer's Agreement en t e r e d i n t o a s o f , 1986, by and between Eden Land Sales, Inc., and C i t y , O w n e r agrees with the City as follows: 1. This Agreement shall be binding upon and enforceable against Owners, their successors, heirs, and assigns of the property. 2. If the Owners transfer such property, owners shall obtain an agreement from the transferree requiring that such transferee agree to the terms of the Developer's Agreement. EDENVALE INDUSTRIAL COMPANY K. E. Schumacher, General Partner STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of IV-15 Edenvale Mini-Storage CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-94 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 17-86 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 17-86 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of May, 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. 17-86, 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. 17-86 shall be recorded in the ordinance book, along with proof of publication required by paragraph 8 herein, within 20 days after said publication. ADOPTED by the City Council on May 20, 1986. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Edenvale Mini-Storage CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 17-86 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONI N G O F C E R T A I N LAND WITHIN THE I-2 PARK ZONING DISTRICT, AND ADOPTING BY REFERENC E C I T Y C O D E CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY P R O V I S I O N S THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: This Ordinance allows amendment of the zoning of the property located north of Highway #5, south and east of Martin Driv e , k n o w n a s Edenvale Mini-Storage, within the 1-2 Park Zoning District, subject to t h e t e r m s a n d conditions of a developer's agreement. Exhibit A, included with this O r d i n a n c e , 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 Cle r k . ) ;NAN construction company April 23, 1986 APR 2 5 1986 Mr. Carl Jullie City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Request To Withdraw Amendment To P.U.D. And Rezoning City West Business Center - Phase 3 Dear Mr. Jullie: On April 3, 1986, Ryan Construction Company submitted a request for continuance of our proposal to amend a Planned Unit Development, and requested re-zoning and site plan approval for the third phase of our City West Business Center. This request was granted and our appearance before the City Council was postponed for one month. Since then, we have further reviewed our project in light of the current office market, and have decided that our previously proposed single story office concept is not the correct product for us to build at this time. We are currently designing a multi-story office building of approx- imately the same size but of considerably higher quality than our single story scheme. We are, therefore, requesting that our request for rezoning and P.U.D. Amendment be withdrawn. As soon as our new design is complete, we will submit a new request for rezoning and P.U.D Amendment. 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, MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 612/339-9847 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-99 A RESOLUTION APPROVING THE BLUFFS EAST 4TH AND 5TH ADDITIONS PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT TO THE OVERALL BLUFF COUNTRY 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 Bluffs East 4th and 5th Additions plans are considered a proper amendment to the overall Bluff Country Planned Unit Development Concept; and, WHEREAS, the City Planning Commission did conduct a public hearing on the request of Hustad Development for PUD Concept Amendment approval to the overall Bluff Country Planned Unit Development Concept for Bluffs East 4th and 5th Additions and recommended approval of the PUD Concept Amendment to the City Council; and, WHEREAS, the City Council did consider the request on May 20, 1986; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The Bluffs East 4th and 5th Additions 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 Bluff Country Planned Unit Development Concept as outlined in the application materials for Bluffs East 4th and 5th Additions. 3. That the PUD Concept Amendment meets the recommendations of the Planning Commission dated April 28, 1986. ADOPTED by the City Council of Eden Prairie this 20th day of May, 1986. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-100 A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and, WHEREAS, the proposal of Hustad Development for development of Bluffs East 4th and 5th Additions for Medium Density Residential use on 28.7 acres requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eden Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: approximately 28.7 acres located at the west of County Road #18, south of County Road #1, be modified from Low Density Residential to Medium Density Residential. ADOPTED by the City Council of Eden Prairie this 20th day of May, 1986. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk ni g CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #86-101 RESOLUTION APPROVING THE PRELIMINARY PLAT OF BLUFFS EAST 4TH AND 5TH ADDITIONS FOR HUSTAD DEVELOPMENT BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Bluffs East 4th and 5th Additions for Hustad Development, dated May 15, 1986, consisting of approximately 184 acres into 72 single family lots and nine outlots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 20th day of May, 1986. Gary O. Peterson, Mayor ATTEST: JOhn D. Frane, City Clerk By JOEL C. PUCKETT Certified Public Accountant Suite 538 West Parkdale Plaza Building 1660 South Highway 100 Telephone Minneapolis, Minnesota 55416 (612) 544-7101 May 13, 1986 The Honorable Gary Peterson, Mayor City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mayor Peterson: I am writing you on behalf of Eden River Bluffs, a partnership owned by William Wilkie, Robert Wilkie, Leighton Wilkie and myself. Eden River Bluffs owns a parcel of land ajoining the property being developed by Rusted Development Inc. (map enclosed). The Hustad proposal does not provide for street access to our property. I respectfully request on behalf of Eden River Bluffs that street access be provided to Eden River Bluffs property in accordance with Chapter 12 of the Eden Prairie Code of Ordinances. I have enclosed copies of Section 12.30, Subdivision 2 and Section 12.30, Subdivision 3(L) for your review. I have discussed this matter with Michael D. Franzen and he is knowledgeable of our request. I believe the most appropriate manner to provide us with street access would be to grant a private easement to our property. I appreciate your consideration of this matter. Very truly yours, cc: William A. Wilkie Robert Wilkie Leighton J. Wilkie il iq • , )e.L. -zzt g, .iag--ab, /0_• AD a-e, / 6 to ,:it: cauncil, -jar. hr .at.en Pr -.iric e stro13 - or -.1:oaic ati.no -... colit:ctor road oit:-: tarou -.,11 our nei:hboithocci fro:71 ;:cert7 - I .nd :-.ranlo to Ouiit' oc 1 and -anal' if a. ninor cclaee..or iZ conztry.ct,..c1 it uZ uza.:: a:. a rac:-; ti.ac : t2affic, . to aio access to 1.(i'utuva a.occ.cc i . ,0 are tt -.;:ajer -.coa,1a, naaci I to tile noa Cour.t7; .1o..c: 13 on -a.lc utt. c cannot conctivc o coli.:.:cto -....roL:d iacinr; advanta. to',11e ane 'not 1-.,o i total...z unnecancer7,- anci urndas to ac uc in intrusion no uot iiaza;:d to i. bcautii'il, quiet /P /21,-4..?„; L 0 L;, .D.ad /0y/0 cd Wed cA,44„,i /02.1 1 sepece /0-2,5 'Oty-1 2'ee.- /01-is” ae,-, di/4_ 1...) 7 '$ F41-11.1 /0 V.ed ki.124-a 9/454s" /"?7 t 10-u-e-Ld •24-4-.2-) o eli,c.ar—aeck 3 y if g o 5\So. 472"4. igaLpAzio ,v,111.4.Z.4411r411n21, 7;777 rAVA.1. • '11°'144 RI- 115 PROPOSED SITE STAFF REPORT TO: FROM: TOUGH: DATE: PROJECT: LOCATION: Planning Commission Michael D. Franzen, Senior Planner Chris Enger, Director of Planning April 25, 1986 Bluff Country PUD West of County Road #18, northwest of Bluff Road, and west of Franlo Road APPLICANT/ FEE OWNER: Wally Hustad REQUEST: 1. Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 28.7 acres. 2. Planned Unit Development Concept Review on 186 acres. 3. Planned Unit Development District Review on 38.15 acres with variances for street frontage. 4. Zoning District Change from Rural to R1-13.5 on 38.15 acres. 5. Preliminary Plat of 186 acres into 72 single family lots and nine outlots. Background Since the last Planning Commission meeting, the proponents have pro- vided additional and revised in- formation in response to recommend- ations of the April 11, 1986, Staff Report. The revisions are as follows: _ • AREA LOCATION MAP p9 1 Bluff Country PUD 2 April 25, 1986 1. Revise the preliminary plat to remove Lots 7 and 8, Block 1. The requirement for the removal of these lots was based upon an expectation that development on these lots would require a considerable amount of grading and tree loss which would not be consistent to development in the transition zone of Purgatory Creek. A detailed grading and access olan has now been provided for Lots 7 and 8, which shows a common private driveway and cul-de-sac. House pads have been located and grading is limited to the top of the slopes. There will be tree loss on this property; however, the heavily wooded areas on the lower portions of the slopes outside of the siltation fence will remain. Since tree loss has been minimized and appropriate access has been provided, development can occur on Lots 7 and 8, but would require a variance under the Planned Unit Development for street frontage. 2. Revise the grading plan for Lots 2 through 10, Block 1 to show pad locations, site grading, and tree Toss. The grading plan indicates that the location of building pads and proposed grading will minimize tree loss on the slopes. 3. Revise the phasing plan to include a connection to Meade Lane or Franlo Road as part of Phase 2. The boundary lines for Phase 2 and Phase 3 have been modified. Phase 2 will include a connection up to Meade Lane. Lots 4, 5, and 6, do not meet the minimum street frontage requirement of 85 feet for the R1-13.5 zoning district. There is enough excess street frontage on the adjoining lots to revise the plat to meet the minimum requirement for these lots. RI-135 PROPOSED SITE 04 --fttfN,t STAFF REPORT Planning Commission Michael D. Franzen, Senior Planner Chris Enger, Director of Planning April 11, 1986 Bluff Country PhD West of County Road #18, northwest of Bluff Road, and west of Franlo Road Wally Hustad 1. Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 28.7 acres. 2. Planned Unit Development Concept Review on 186 acres. 3. Planned Unit Development District Review on 38.15 acres with variances for street frontage. 4. Zoning District Change from Rural to R1-13.5 on 38.15 acres. 5. Preliminary Plat of 186 acres into 72 single family lots and nine outlots. TO: FROM: TFOUGH: DATE: PROJECT: LOCATION: APPLICANT/ FEE OWNER: REQUEST: Background The Planning Commission previously reviewed, at the January 24, 1986, and February 21, 1986, meetings, a Planned Unit Development (PUD) Concept for this area, which consisted of 172, R1-13.5 lots; 75, R1-9.5 lots; and, 140 multiple family units (385 total). The hearing was closed at the March 10, 1986, meeting, since the proponent was preparing a completely revised Planned Unit Development Concept, and since issues related to transition, traffic, circulation, cul-de-sacs, street frontages, den- sity, lot sizes, and architectural control, were yet to be resolved. • AREA LOCATION MAP 1193 Bluff Country PUD 2 April 11, 1986 Pud Concept Review The new PUD compares with the previous PUD according to the following chart: Total Open Space RI-13.5 R1-9.5 Multiple Total Units Gross Acres Acres Lots Lots Units Lots Density Previous PUD 186 51 172 75•140 387 2.1 New PUD 186 51 202 43 140 385 2.1 The density and total units are comparable with a major change in the number of RI- 13.5 lots which has increased by 30 while the number of R1-9.5 lots has decreased by 32. Minor Collector The need for a minor collector to serve this PUD has been stated in previous Staff Reports due to the total number of units and to provide an understandable street pattern in the area. The PUD provides for a minor collector looping Franlo Road back to County Road #1. This makes sense since the traffic study indicates that when the loop is completed that 75% of the site generated traffic would utilized this road and 25% using Bluff Road. raffic - Phasing The phasing plan for the PUD is tied to the traffic study. Phase 1 through 3 can utilize Franlo Road and Bluff Road without affecting the capacity of the intersections or require improvements such as turn lanes and/or signalization. The study does indicate that the Bluff Road/County Road #18 intersection would be at level of service C; however, the increase in traffic through the intersection from the PUD is only 2%, since the major increase in traffic at this intersection would be due to an increase in "background traffic" on County Road #18. This means that the PUD could be built through Phase 3 without requiring the minor collector connection back to County Road #1. At Phase 5, the traffic study recommends that the Franlo Road intersection be signalized or the loop road completed. The loop road should be completed concurrent with Phase 5 to more evenly distribute traffic and provide a third access point for better internal circulation. As the PUD develops, Bluff Road (unimproved) will see an increasing amount of traffic from 200 cars per day at Phase 3, to 900 cars per day at full development, yet the area along Bluff Road in the PUD is part of the last two phases of the project, meaning traffic would utilize a dirt road until 1995. Until the last phase is developed, a temporary lift should be put on Bluff Road where noted on Attachment A and be completed concurrent with Phase I development. Prior to Phase 5 development, the exact location of the intersection of the minor collector and County Road #1 must be determined. The second part of the traffic study is not complete (but will be done before Council review). It will analyze he County Road County Road #18 intersection and the location of the minor collector ,n more detail. The traffic consultant has indicated at this time, that in all likelihood, due to traffic increases and County plans for upgrading of County Road Bluff Country PUD 3 April 11, 1986 18 in the future, the minor collector should be located farther west. Attachment B indicates that the minor collector can be technically moved farther west just before the pond. Otherwise the collector would have to be on the other side of the pond. In this location, sight vision on County Road #1 is poor and would require a realignment of County Road #1. The traffic study indicates that off-site traffic to the north of County Road #1, which is guided Multiple Family and Commercial will contribute more traffic effecting the location of the minor collector than trips from the Bluff Country PUD. Each phase of the PUD must operate with a loop road connection to avoid long, dead- end cul-de-sacs, provide better internal circulation, and better emergency vehicle access. Phase 2 boundaries must be revised to indicate a road connection to Meade Lane or Franlo Road. See Attachment C. Transition Transition in the previous PUD included three areas: adjacent to the park, the proposed multiple family outlot, and lots south of Bluff Road near County Road #18. Lots adjacent to the park have been changed from R1-9.5 to R1-13.5 lots meaning larger and fewer lots adjacent to the park. Transition in the multiple family outlot was related to density and architectural style. The outlot can be medium density but with contingencies that include a density base of five units per acre with additional density possible subject to a detailed review of site and architectural plans and based on performance criteria thich would include: 1. The plans must show sensitivity to existing land forms and vegetation. 2. Heavy use of landscaping to decrease the scale of the buildings. 3. Primary building materials shall be brick, and the buildings shall be residential in character. 4. The mass of the buildings shall be reduced through a specific architectural treatment such as varying roof heights and building jogs. Lot sizes north of Bluff Road were proposed for R1-9.5 zoning. The new PUD proposes lot frontages between 100-130 feet and R1-13.5 zoning. R1-9.5 Area Contigencies for rezoning to R1-9.5 in the future must include meeting all ordinance requirements, with a maximum density of 3.0 units per acre, grading which minimizes tree loss, and architectural control, such that no two units would be alike side by side, opposite, or diagonally across from each other. Mass Grading Overall site grading stays outside the Purgatory Creek Conservancy Area and works with existing contours. Grading must limited to Phase 1 development only to minimize erosion and dust over the entire site. No grading should be allowed utside of Phase I until detailed zoning and platting requests are submitted for review. Bluff Country PUD 4 April 11, 1986 'till ties Sewer and water service can be extended to serve the PUD. Sanitary sewer will be extended from a lift station on County Road #1 near County Road *18. It would be advantageous for the sanitary sewer to follow the minor collector road from County Road #1; however, the City Engineer, based on a preliminary review, has indicated that this would be the preferred route but an easement would work as well in this location. Storm water run-off is proposed to drain in two major directions; towards the pond In the multiple family outlot, and towards Purgatory Creek. The pond in the multiple family outlot currently has no storm water outlet. Storm water run-off towards Purgatory Creek will be through surge basins. Surge basins are utilized to help slow down the rate of water discharge, and limit the amount of sedimentation discharged into the creek. Concurrent with the final platting of the property, an overall master uitility plan for sewer, water, and storm water run-off, with details, must be submitted for Engineering review. Comprehensive Guide Plan Change to Multiple Family for the R1-9.5 Area and the Multiple Family Outlot. Commission must decide if substantial evidence has been provided to justify the change to medium density where shown on Attachment D. If this is the case, then lpproval should be based on the following criteria: 1. The density for the multiple family outlot would be with a base of five units per acre with higher densities allowed subject to the performance criteria as mentioned in the transition section. 2. Architectural control for R1-9.5 with specific unit types keyed to specific lots such that no two units are alike side by side, opposite, or diagonally across from each other. 3. All lots in the R1-9.5 area proposed for zoning must meet minimum ordinance requirements with the maximum density of 3.0 units per acre. 4. Conservancy easements must be filed concurrent with final plat for all area as shown on Attachment E. Purgatory Creek Conservancy Area At this time, the developer proposes a conservation area totalling 51 acres as an outlot to be controlled by the Homeowners Association for the entire Bluff Country project. Outlot A of Creek Knolls was approved in 1972 subject to land dedication of 100 feet on both sides of Purgatory Creek and scenic easements. This land area has not been dedicated, or scenic easements filed. Concurrent with the final platting of the entire Bluff Country Pun, conservancy easements must be filed over all land area where depicted on Attachment E. -idewalks/Trails The Franlo Road northern collector will be 60 feet of right-of-way. As part of road intp Bluff Country PUD 5 April 11, 1986 ( onstruction, it should be required that a five-foot wide concrete sidewalk be provided on one side, and an eight-foot wide bituminous trail be provided on the other side. In addition, sidewalks should be provided within the PUD where shown on Attachment F in order to provide an overall pedestrian system for the area. Phase One Zoning Review All lots meet the minimum requirements of the R1-13.5 zoning district except Lots 7 and 8, Block 1, on proposed Branching Horn Road, which do not have frontage on a public street and would require a variance. These lots are in the transition zone of Purgatory Creek which is a "build with care" area. These lots are heavily wooded with 12 to 18-inch oak trees. From a high point at about elevation 830 in the center of the site, the topography drops off steeply in all directions. Due to the steep slopes and heavy oak cover, a substantial amount of site alteration would be necessary to provide building pads. The area proposed for driveway access is on an existing 2/1 side slope meaning a lot of fill and retaining walls would be required. In addition, since the lots are at a lower elevation than the sewer lines in proposed Branching Horn Road, means that sewer must be pumped uphill. Since no site grading or pad locations have been shown at this time, and site grading is expected to be extensive, removing a significant number of trees and requiring retaining walls, the variance should not be granted as part of the PUD District Review and the plat revised to remove Lot 7 and 8. Ate Grading Phase 1 Overall site grading is minimal in terms of cut and fill and follows the contours of the land. Grading in spots is extensive especially along the west side of Antlers Ridge Road. Upper portions of the rim along Purgatory Creek in the transition zone are being filled to accommodate building pads. Tree loss is minimal since it is not a heavily wooded area and grading is high enough on the rim not to disrupt the steep slope character lower on the slopes. Minimal or no grading is shown on either side of proposed Branching Horn Road at this time. This is a problem for Lots 2 through 10 which are heavily wooded and steeply sloped. The plan must be revised to show pad locations and site grading in order to evaluate the extent of tree loss and site alteration. It is clear that any development on these lots will result in tree loss. Prior to Council review, a revised grading plan for this area must be submitted which shows the extent of grading limits and the extent of tree loss. Road Access Phase I The realignment of Bluff Road creates Outlot C which blocks access to an existing lot. Concurrent with final plat, road right-of-way on Bluff Road and Franlo Road must be vacated, with the condition that Outlot C be given to the adjacent land owners. South of Lots 1 through 4, Block 1, below Bluff Road, is approximately three acres If land in the transition zone which is part of a larger 80-acre parcel to the south of the overall PUD. (See Attachment G) This site is currently landlocked by proposed subdivision. Access to this area could be provided; however, the extent of 0:1 Bluff Country PUD 6 April 11, 1986 Jevelopable area is limited due to steep slopes and heavy tree cover. Extending a public road to this area with a cul-de-sac would completely alter the land character. This area would be better utilized as open space with a density transfer over the entire 80 acres much in the same manner as the Bluff Country PUD. Utilities Phase I Sewer and water service can be extended to this area. Storm water run-off is proposed to be directed towards Purgatory Creek. Two surge basins are proposed adjacent to the creek, which in concept, are used to slow down the rate of water run-off, minimize erosion, and limit siltation from entering the creek. A detailed tree inventory, detailed grading plans, and the design capacity of the surge basin must be submitted for Staff review prior to Council review. These basins must be located and sized to minimize tree loss and slope alteration. STAFF RECOMMENDATIONS Staff would recommend approval of the request for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 28.7 acres, Planned Unit Development Concept Review on approximately 186 acres, Preliminary Plat of 186 acres into 72 single family lots and nine outlots, and a Zoning District Change from Rural to R1-13.5 on 38.15 acres subject to the recommendations of the Staff Report, dated April 11, 1986, based on plans dated April 10, 1986, and subject to the following conditions: 1. Prior to Council review, proponent shall: A. Revise the Preliminary Plat to move Lots 7 and 8, Block 1. B. Revise the Grading plan for Lots 2 through 10, Block 1, to show pad locations, site grading, and tree loss. C. Submit design details of the surge basin including capacity, construction limits, detailed grading, and a tree inventory. D. Provide a master utility and storm water run-off plan for review by the City Engineer. E. Provide a traffic study which analyzes the impacts at the County Road County Road #18 intersection and the location of the minor collector road with recommendations for improvements, if any. F. Revise the Phasing plan to include a connection to Meade Lane or Franlo Road as part of Phase 2. G. Revise the PUD Concept Plan to include sidewalks/trails where depicted on Attachment F. 2. Prior to Final Plat, proponent shall: A. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. T1 Bluff Country PUD 7 April 11, 1986 B. Provide detailed storm water run-off, utility, and erosion control plans for review, by the City Engineer. C. Concurrent with final platting, vacation of Bluff Road and Franlo Road with Outlot C to revert back to the adjoining land owners. 3. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Notify the City and Watershed District 48 hours in advance of grading. C. Stake the grading limits with a snow fence. Any trees lost outside of this area shall be replaced on an area inch per area inch basis. D. Submit for review, conservation easements for the area depicted on Attachment E, and provide evidence of filing before Building permit issuance. E. Submit the utility plans for review by the Fire Marshal. 4. The PUD approval for the multiple family outlot is based on a density base of five units per acre with additional density possible subject to a detailed review of site and architectural plans that are based on performance criteria which include that the plans must show sensity to existing land forms and vegetation, heavy use of landscaping to decrease the scale of the buildings, primary building materials shall be facebrick and the buildings shall be residential in character, and the mass of the buildings shall be reduced through specific architectural treatment, such as varying roof heights and building jogs. 5. The PUD for the R1-9.5 area shall be based on a detailed review of a zoning request with all lots meeting the minimum requirements of the R1-9.5 zoning district with a maximum density not to exceed 3.0 units per acre and architectural control which keys specific unit types to lots such that no two units are alike side by side, opposite, or diagonally across from each other. 6. Construction of a temporary lift where shown on Attachment A along Bluff Road/County Road #I8, according to Engineering standards with costs allocated to the developer. 7. Trails and sidewalks to be provided within the PUD according to Attachment F. Any sidewalks or trails within Phase I are to built concurrent with street construction. 8. Setbacks for all lots in the PUD must meet minimum ordinance requirements. W41141:4411WW/4",jI 44t1 BLUFF COUNT,ItY Paving Of Bluff Road Attachment A BLUFF COUNTRY PUDi, CONCEPT PLAN PHASE DIAGRAM. PROPOSED ZONI Zona: anWmcs ao- AA.g (:Af !:1:,:• ••." 2;7 .tr .,DEN;nT±e. . . _ . • •- ; .4.1 , . IRA T. • • 'H ç4 ELM EC" IT Ow. • WE I/HE M wan. , .1 ' • • — W HEDLUND . ENGIEELIA2 - .t Minor Collector Road Alternatives Attachment B , BLUFF COUNTRY PUI:),,,1 • f ;;;&;;n;;:;;;... • • -:). - "`!`1:7"`"°._7-.,• , oiNsiin§kpi #4 ,OV gt „ :,,i444!MEDTV,ITJItigHignii • `41,. • 4111,1X4.51t 4- , - /I4141I • I• AC II II III* *‘ • • •*4 •L ,•44/I. ; • LZ" DI AIND • _ I , • : Revised Phasing Plan Attachment C CONCEPT PLAN 2. .7), ._ 1:,,,L4 - — '.,c...,:i'''±:'‘-'1' ..,...,-_. imp' •0"e'::\;:...-_ 1... 1 — • _ ,,till,:: / -sr %,4' . • 1,7,;,,.t.L. - • e ? 1 i .. . . . ..4 ..,.......,_•LpfV.2/4 ,,,,,,,,,,,,,:t .,..._ , I .. I I , . , ;,,i,',.." SOO, FAME, aPeA , . is • sc 7.''4''''2:s. .e.,, • ,,,,, ... . TA .. 1, ..... -,1:,-- .., ..: ,p.E.sitik,i_ ''''• --------,....- 14.: fiC .1 : . ';:: 3; if31 3 . -1 '27i1142i.'o' - ... !..j• AC ass Ipsts r , -Ws 0, , • II!("NEG.PlAIL rER° slinorrirs. P_. 1 , • ! • ,P '•t: •!.1 nci Comprehensive Guide Plan Change Area Attachment D Conservancy Easement Area Attaehmant P -T-rn-1-11111 \ I I I 41 BLUFF COUNTRY PUDimi. kg.F7,747.6 Overall Pedestrian Plan Attachment F BLUFF COUNTRY PUD); CONCEPT PLAN • PHASE DIAGRAM. PROPOSED ZONING ".'0AN.., -77 /' • I - - - 4., • r -•,-Ztf---1" 1;11 ; - •11/;• ••••471--4, - • ARA F _ r 1 p d.r; '4'• .74t - L \. • -I'..‹..":„ „-- .1-;--,:_:-. '-';'--, '.. ..---',.t...t.r...a.--.— _• .; . 1 I ''€ i - - ----- - 1,Et_o:victuND . ---).--,-.;„.1.:1-.. '—: - - , AC 43 1.4, • '2 so AG p "AG.' ra toots i` AC SO Mall to 41111••• Adjacent Land Area To The South Attachment G MEMO TO: FROM: THROUGH: DATE: PROJECT: City Council Michael D. Franzen, Senior Planner Chris Enger, Director of Planning Carl J. Jullie, City Manager May 14, 1986 BLUFF COUNTRY PUD The Council packet contains two Staff Reports on the Bluff Country PUD dated April 11, 1986, and April 25, 1986, which describe the request, outline the Staff recommendations, and state revisions to be completed prior to Council review. Items A through G of the April 11, 1986, Staff Report, described revisions and/or additional information to be submitted prior to Council review. Items A, 8, and F, have been addressed and resolved as indicated in the April 25, 1986, memo. Item C and 0 refer to Engineering requirements for additional and more detailed information to evaluate the overall utility and storm water run-off plans. Conceptual information has been provided which indicates how the systems would work and how they would tie into existing facilities; however, the details have yet to be resolved. Typically, these details are addressed concurrent with the final platting and construction drawings for improvements with the property. Item G refers to revising the PUD Concept to include sidewalks and trails where noted on Attachment F. This has not been completed but could be included as part of an exhibit with the developer's agreement. Item E refers to the requirement for submitting additional traffic information which analyzes the impacts of the County Road #18 intersection and the location of the minor collector road. The detailed traffic study has not been completed; however, Staff has been in contact with the consultant traffic engineers, BRW, and understand at this point, that given the amount of traffic to be generated around the intersection of County Road #1 and County Road #18, and County long-term plans for a diamond interchange would indicate that the minor collector road would have to be located a minimum of 650 feet west of the on-ramp to County Road #18. The location of the minor collector road would more or less be through the pond or on the west side of the pond. It is important to note that the traffic studies submitted thus far does indicate that up to Phase 3 within the project could be constructed and developed without affecting the capacities at the affected intersections at Bluff Road and County Road #1. The study does indicate prior to Phase 5 that the Franlo Road intersection be signalized or the loop road completed. The loop road should be completed concurrent with Phase 5 to more evenly distribute traffic and provide a third access point for better internal circulation. There were three other issues raised at the Planning Commission meeting by adjacent and concerned citizens regarding the extension of utilities and road improvements to Bluff Road, access to the Wilkie property to the south of the project, referred to on Attachment G, and the wetland status of the pond in Outlot A. Residents on the south side of Bluff Road would like to have sewer and water improvements and an improved roadway constructed concurrent with the project. The current phasing plan I AO Memo May 14, 1986 Page Two for the project would not make improvements to Bluff Road until Phase 5, which would be approximately eight years in the future. Access to the Wilkie piece, to the south of the project, could be provided through private easement and *a private drive. The Staff Report of April 11, 1986, indicated that this was a very difficult piece of property to develop, and to extend a roadway and cul-de-sac would completely alter the steep slope and wooded character of the land. Since that meeting, Staff has met with the representative of the Wilkie property, and studied alternative ways that this property might be developed. Approximately 5,000 square feet of land area exists at the top of the slope which could accommodate approximately one building pad off the driveway easement. The other approach to the Wilkie property would be to consider this land area as part of a density transfer much in the same manner as the entire 55 acres of open space along Purgatory Creek is considered in conjunction with the Bluff Country PUD. The pond area in the multiple family outlot is a protected wetland by the Department of Natural Resources. The mass grading plan indicates that the grading limits do not encroach or fill in any portion of the pond. Conditions of approval for the overall grading of the site has been limited to Phase 1 of the project only. This is to minimize tree cutting and erosion across the entire site until such time that detailed site and building plans have been submitted for the balance of the property. Staff expects that the developer may take issue over requirements in the Staff Report which depict a density restriction on the multiple family outlot to a base of five units per acre with additional density possible subject to review and the requirement for a temporary lift on Bluff Road. Use of the outlot for multiple family makes sense because of the steep topography slopes in the ponding area. Without the benefit of specific site development plans, it is difficult to analyze whether or not this property can accoarodate the density as proposed by the developer. 140 units, at a gross density of IO units per acre, would translate into approximately 20 units per acre over the developable portion of the property. This would likely result in apartment unit type construction which would be out of character architecturally with the surrounding land uses which are proposed at a much lower density closer to three units per acre. This was the primary reason why a recommendation was made for a density base at five units per acre which would fit in better with surrounding densities. The pond in the multiple family outlot is a protected waters regulated by the Department of Natural Resources. It is not large enough to qualify as a Public Water and provisions of the Shoreland Management Ordinance would not apply. The Department of Natural Resources would require an alteration permit for any work to be done within the wetlands. The mass grading plan does not depict any grading or filling of the wetland area. MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Carl Jullie, City Manager Bob Lambert, Director of Community Services May 6, 1986 Bluff Country PUD This staff report is supplementary to the Planning Staff Reports of January 24, 1986, February 21, 1986, April 11, 1986 and April 25, 1986. The parks, recreation and natural resource issues of the Bluff Country PUD relate to preservation of the creek valley, park dedication, trails and sidewalks. The original recommendation from the Community Services Staff regarding the Bluff Country PUD was to require land in lieu of park fees. Staff suggested acquiring four of the parcels proposed for platted lots. Upon review of the proposed park dedication, the developer requested the Director of Community Services to walk the site and suggested a prominent knoll on the east side of the creek be dedicated for public viewing of the creek valley, rather than the knoll proposed on the west side. The Director of Community Services met with the developer on the site and agreed that the eastern knoll would serve as well for a public viewing area of the Purgatory Creek valley. The Director of Community Services concurs with the suggestion by the developer and recommends access to this area via a 30' wide easement between lots 3 & 4, block 3 off Bluff Road. The trail should be either a 6' wide asphalt trail or a 5' wide concrete sidewalk extending from the sidewalk along Bluff Road to the top of the viewing area. The access from the west should occur adjacent to the private drive serving lot 8, block 1 of the Brown Farm property. This again should be either a 6' wide asphalt trail or a 5' wide concrete sidewalk that should be constructed adjacent to the private drive at least as far as lot 8. At that point, the trail can split to the north and transverse down the slope for an eventual creek crossing. Staff would not recommend constructing a trail down the slope for the creek crossing at this time; however, it is critical to get the hard surface trails between the homes prior to the homes being constructed. The Community Services Staff recommend the developer be required to dedicate the trail easements as described, as well as a trail easement that would allow a creek crossing and a trail easement adjacent to the creek for a possible future trail along the creek valley. Futhermore, staff would recommend a scenic easement over the entire creek valley that would allow the trail construction as the only intrusion in the valley. The developer has discussed the possibility of donating the entire creek valley property as a gift to the City. If the City receives this property as a gift, staff would recommend the City agree to a restrictive covenant on the creek corridor for 15 years. The covenant would restrict trail construction along the creek corridor during that period of time in order to determine if it would be damaging to the environment and would cause a policing problem. The restrictive covenant would not restrict the City from constructing the trail across the creek valley in this location, as well as the one creek crossing further to the north in the vicinity of Homeward Hills Park. This arrangement would allow the City to acquire the land and maintain the psosibility of a trail along the creek sometime in the future, if that trail corridor is warranted in the future. It also gives the City a sufficient amount of time to study the impact the housing development along the rim will have on wildlife in the valley, as well as what impact a pedestrian path might have on the valley environment. The Community Services Staff futher recommend the developer pay the cash park fees on the Bluff Country PUD. The Community Services Staff recommends some sidewalks in addition to the sidewalks proposed by the Planning Staff Report. The Community Services Staff recommend the following: 1. The extension of the 8' wide asphalt hikeway/bikeway adjacent to Franlo Road from its existing location southerly and easterly to County Road 18, or the intersection of County Road 1 and County Road 18. 2. The construction of a 5' concrete sidewalk along the following roadways: a. along rhe north side of the east/west road opposite the Franlo Road Park entryway b. along the south side of Bluff Road from County Road 18, westerly the entire length of Bluff Road c. along the south side of the extension of Meade Lane to Franlo Road d. along the west side of the north/south road that connects the southern most cul-de-sac in the Creek Knolls development to Frani° Road e. along the short cul-de-sac in the Brown Farm leading to the westerly access to the creek corridor The Parks, Recreation and Natural Resources Commission reviewed this proposal on May 5, 1986 and recommended as per the Planning Staff Reports subject to the recommendtions of this memorandum. BL:md MINUTES EDEN PRAIRIE PLANNING COMMISSION Monday, April 28, 1986 School Board Meeting Room 7:30 p.m. MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: Chairman Ed Schuck, Rich Anderson, Julianne Bye, Christine Dodge (7:35 p.m.), Virginia Gartner, Charles Ruebling Robert Hallett Chris Enger, Director of Planning; Michael Franzen, Senior Planner; Don Uram, Assistant Planner; Kate Karnes, Administrative Assistant Pledge of Allegiance--Roll Call I. APPROVAL OF AGENDA MOTION: Motion was made by Bye, seconded to Ruebling, to adopt the agenda as printed. Motion carried--5-0-0 II. MEMBERS REPORTS None. III. MINUTES MOTION: Motion was made by Ruebling, seconded by Anderson, to approve the minutes of the April 21, 1986, Planning Commission meeting as written. Motion carried--3-0-2 (Bye and Gartner abstained) (Dodge arrived at 7:35 p.m.) IV. DEVELOPMENT PROPOSALS A. BLUFFS EAST 4TH AND 5TH ADDITIONS, by Hustad Development. Request for a Planned Unit Development Concept Review on approximately 184 acres, Planned Unit Development District Review with Zoning District Change from Rural to RI-13.5, with variances, on 38.15 acres, Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential on 28.7 acres, and Preliminary Plat of approximately 184 acres into 72 lots and 9 outlots. Location: West of County Road #18, west and south of Franlo Road, east of Homeward Hills Road. A continued public hearing. cW Planning Commission Minutes 2 April 28, 1986 Mr. Bob Smith, representing proponents, reviewed the revised plans with the Commission. He reviewed issues of traffic, sensitivity to Purgatory Creek, the intersection of County Road #1 and County Road #18, blending of this development with the existing lots along Bluff Road in the Creek Knoll Addition, density of the development, and phasing. Ms. Nancy Heuer, BRW, traffic consultant for proponents, explained the results of the traffic study prepared for the development. She stated that one of the conclusions was that through the development of Phase II I , traffic at the intersection of Franlo Road and County Road #1 would be a t Level of Service A, the best possible situation, with free-flowing traffi c . She stated that this would change to Level of Service C with t h e construction of the development through Phase V, and would include the nee d at that time for alternative access points and additional improvements t o the intersection of County Road #18 and Bluff Road. Ms. Heuer stated th a t the Hennepin County Department of Transportation and the Minnesot a Department of Transportation were still working on traffic projections fo r County Road #18. Mr. Wally Hustad, proponent, stated that there was still no decision as t o the final form of the proposed multiple residential portion of th e development. He stated that he would prefer to have the density set at si x to ten units per acre as part of the Planned Unit Development Concep t Amendment, instead of five units per acre as recommended by Staff. Regarding the Wilkie property, south of the proposed development, Mr. Hustad stated that he was aware of concerns regarding provision of access to the parcel and that he felt this could be worked out. Planner Franzen reviewed the findings and conclusions of the Staff Report of April 25, 1986, with the Commission. He noted that the proponent had reduced the amount of area proposed for R1-9.5 lots and increased the amount of area proposed for R1-13.5 lots, thereby providing for better transition between the larger lots on the north side of Bluff Road and the proposed development. Planner Franzen stated that the Staff's concerns had not changed regardi n g the multiple portion of the proposed development since it had been fir s t proposed. He stated that it was difficult to make further judgments abo u t the proposed multiple portion of the development without greater detail t o the plans for this area. He added that the developer could make a case f o r greater density in the future, based on the merits of the plan proposed a t that time. Regarding traffic, Planner Franzen expressed concern with respect to th e need for signalization at the time of development of the fourth and fift h phases, and for the potential need for another intersection at County Roa d #1. He noted that the proponents were in the process of a second phase o f the traffic study at this time to answer more detailed questions regardin g the location of an intersection at County Road #1 with the propose d collector road through the development. This information was to b e available in time for the Council review of the proposal. Ruebling asked about the proposed sidewalk and bituminous trail along Frani° folv;i, Planning Commission Minutes 3 April 28, 1986 Road. Planner Franzen explained that it was City policy to provide for both types of pedestrian access along roads of this size in the community, carrying large volumes of traffic. Mr. Martin Diestler, 9905 Bluff Road, expressed concern about potential traffic problems on Bluff Road as a result of this development. He also expressed concern about the safety of the access of Bluff Road with County Road #18. Ms. Anara Guard, 10300 Riverview Road, asked about the level of use which would be allowed in the area designated for park in the proposed development. She expressed concern about the potential impact of the development upon the wildlife in the area. Planner Enger stated that a study of the Purgatory Creek corridor had been done several years ago. At that time, the question was raised regarding whether the City should purchase the property along the creek valley, or not. It was determined at that time that the City would instead designate the valley areas as scenic easements, rather than purchase the land. Also, it was determined at that time that the City would not locate a trail within the valley. Planner Enger stated that he had been informed that the Parks, Recreation, and Natural Resources Commission would be reviewing this policy and, in particular, the idea of a trail within the creek valley, at the meeting of May 5, 1986, at which time this project would be reviewed by them. Mr. Scott Gensmer, 9599 Bluff Road, stated that he was concerned about traffic along Bluff Road as a result of the development. He also expressed concern about accessing County Road #18, particularly north-bound, from Bluff Road in the future. He stated that it was difficult and dangerous now. Mr. Gensmer also expressed concern about the density of the development and its potential impact on traffic, as well. He also stated that he did not want to be forced to hook up to sanitary sewer and water and asked if there was a procedure by which he could avoid doing so until he was ready. Planner Enger explained that these issues would be decided at the time an assessment hearing for the area was held by the City Council. He noted that the City had offerred to defer assessments in some situation like this, but that this was a Council decision. Mr. Joel Pucket, representing the Wilkie family, owners of property south of the proposed development, requested that access be preserved to the Wilkie property for the future to avoid the property becoming land-locked. Planner Franzen stated that he had spoken with representatives of the Wilkie family and had discussed several alternatives for provision of access to the property and potential development possibilities for the land, as well. Bye expressed concern about the multiple portion of the development and asked about the concerns of the Staff in greater detail. Planner Enger explained that the portion of the property proposed for multiple residential development had steep topography, making it difficult to assume the exact location of structures. He added that there were not detailed plans available about the structures at this time, either. Planner Enger stated that the City had several examples of property such as this where development at five units per acre had worked. However, he stated that it was Staff's position that, even though the property made sense as a multiple use in this area, the developer would have to prove a case for more than Planning Commission Minutes 4 April 28, 1986 five units per acre with more detailed plans than what was available a t t h i s time. Planner Enger stated that another possibility would be f o r t h e developer not to proceed with the proposed Comprehensive Guide Pla n c h a n g e at this time for this portion of the property, and to provide more d e t a i l e d plans for Staff review prior to City action on this portion of the p r o p o s e d development. Mr. Hustad stated that he would prefer to receive a c t i o n o n five units per acre, rather than postpone action on the Comprehensiv e G u i d e Plan at this time. MOTION 1: Motion was made by Gartner, seconded by Anderson, to close the p u b l i c hearing. Motion carried--6-0-0 MOTION 2: Motion was made by Gartner, seconded by Bye, to recommend to t h e C i t y Council approval of the request of Hustad Development for Pla n n e d U n i t Development Concept Amendment Review of approximately 184 acre s f o r t h e Bluffs 4th and 5th Additions, based on revised plans dated April 2 5 , 1 9 8 6 , subject to the recommendations of the Staff Report dated April 11, 1 9 8 6 . Motion carried--6-0-0 MOTION 3: Motion was made by Gartner, seconded by Bye, to recommend to t h e C i t y Council approval of the request of Hustad Development for Comp r e h e n s i v e Guide Plan Amendment from Low Density Residential to Medium D e n s i t y Residential on 28.7 acres for the Bluffs 4th and 5th Additions, b a s e d o n revised plans dated April 25, 1986, subject to the recommendatio n s o f t h e Staff Report dated April 11, 1986. Motion carried--6-0-0 MOTION 4: Motion was made by Gartner, seconded by Bye, to recommend to t h e C i t y Council approval of the request of Hustad Development for Plan n e d U n i t Development District Review and Zoning District Change from Rural t o R 1 - 13.5, with variances, for 38.15 acres, for Bluffs East 4th a n d 5 t h Additions, based on revised plans dated April 25, 1986, subjec t t o t h e recommendations of the Staff Report dated April 11, 1986. Motion carried--6-0-0 MOTION 5: Motion was made by Gartner, seconded by Bye, to recommend to t h e C i t y Council approval of the request of Hustad Development for Prelimina r y P l a t of approximately 184 acres into 72 lots and nine outlots for Bluffs E a s t 4 t h and 5th Additions, based on revised plans dated April 25, 1986, sub j e c t t o Planning Commission Minutes 5 April 28, 1986 the recommendations of the Staff Report dated April 11, 1986. Motion carried--6-0-0 Planning Commission Minutes 2 March 10, 1986 A. BLUFFS EAST 4TH ADDITION, by Hustad Development, Inc. Request for a Planned Unit Development Concept Amendment on approximately 196 acres; Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential on approximately 33 acres; Planned Unit Development District Review with Zoning from Rural to R1-9.5 with variances on 18.91 acres; and Preliminary Plat of 43.53 acres into 51 single family lots and two outlots. Location: West of County Road #18, north and west of Bluffs Road, and west of Frani° Road. A continued public hearing. Planner Enger explained that proponents had not been able to provide t h e requested traffic information in time for Staff review prior to thi s meeting. It appeared that the traffic study would not be completed by th e March 24, 1986, Planning Commission meeting, either. After brief discussion, Commissioners concurred that the item should b e readvertised and scheduled for the April 14, 1986, Planning Commissio n meeting, pending receipt of the traffic information requested by the City. MOTION: Motion was made by Gartner, seconded by Bye, to close the public hearing and return the item to the proponents, without prejudice. Motion carried--6-0-0 MINUTES EDEN PRAIRIE PLANNING COMMISSION Monday, February 24, 1986 School Board Meeting Room 7:30 p.m. Chairman Ed Schuck, Julianne Bye, Christine Dodge, Virginia Gartner, Robert Hallett, Stan Johannes Dennis Marhula Chris Enger, Director of Planning; Michael Franzen, Senior Planner; Don Uram, Assistant Planner; Kate Karnas, Administrative Assistant MEMBERS PRESENT: MEMBER ABSENT: STAFF PRESENT: Pledge of Allegiance--Roll Call I. APPROVAL OF AGENDA MOTION: Motion was made by Gartner, seconded by Bye, to approve the agenda as printed. Motion carried--6-0-0 II. MEMBERS REPORTS None. III. MINUTES MOTION: Motion was made by Gartner, seconded by Hallett, to approve the minutes of the January 27, 1986, Planning Commission meeting as written. Motion carried--5-0-1 (Bye abstained) IV. DEVELOPMENT PROPOSALS A. BLUFFS EAST 4TH, by Hustad Development. Request for a Planned Unit Development Concept Amendment on approximately 196 acres and Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential on approximately 33 acres and Planned Unit Development District Review and Zoning District Change from Rural to R1-9.5, with variances, on 18.91 acres, and Preliminary Plat of 43.53 acres into 51 single family lots and 2 outlots. Location: West of County Road #18, north and west of Bluff Road, and west of Franlo Road. A continued public hearing. Ian Planning Commission Minutes 2 February 24, 1986 Staff reported that they had met several times with the proponent to discuss the unresolved items identified in the initial Staff Report and at the Planning Commission meeting of January 27, 1986. It was noted that the proponent was reluctant to accommodate changes that would introduce a minor collector road into the project. Staff had received a number of calls from the existing Bluff Road single family lot area, expressing concern about a potential high-volume collector road that they understood the City was proposing immediately adjacent to their subdivision. - Mr. Wally Hustad, proponent, reviewed two alternative plans with the Commission. He stated that the "preferred plan" would be the one which showed cul-de-sacs off the minor collector road, thereby eliminating driveways to the minor collector road. Mr. Hustad noted that other changes in the plans included the widening of lots along Bluff Road to 100 ft., a smaller area was planned for R1-9.5 zoning, which created an increase in the amount of area proposed for R1-13.5 zoning. Mr. Hustad stated that the Hennepin County Transportation Department had not yet completed there study of traffic in the vicinity of County Roads #1 and #18. He noted that proponents were not concerned about the interchange, but that they were concerned about the final location of the west frontage road for County Road #18. Mr. Hustad stated that he did not feel it would be a problem to have the west frontage road become the minor collector through the property, meandering through the land to the west. Mr. Hustad stated that he would like the City to consider action on the single family portion, of the property at this time. He noted that the project would be phased over a ten-year period for development. He stated that this would mean there would be a minimum impact on traffic in this area during that time, which would allow the County to finalize its decisions regarding the alignment of the County Road #1 and #18 interchange and the attendant frontage roads for County Road #18. Regarding the storm water drainage situation for the area, Mr. Hustad stated that he was under the impression that as long as there was progress taking place in the direction of a solution for storm water drainage for this area, that the July 31, 1986, deadline imposed by the Watershed District for solution to the area situation would not be a problem. Mr. Hustad stated that, with respect to a trail to be located along the Purgatory Creek river bed, it was proponent's position that this not be installed in this location for purposes of maintaining the pristene natural areas along the creek. He noted that the slopes were also difficult in this area. Planner Franzen reviewed the "preferred plan" against the concerns of the previous Staff Report of January 24, 1986, and the concerns raised at the Planning Commission meeting of January 27, 1986. He stated that Staff was concerned that the R1-9.5 District proposed be reduced in size, noting that the original intent of the District was for provision of low and moderate income housing opportunities in the community. He stated that proponents had made their intentions clear regarding the values of the homes to be included in this development, and that they did not intend to include low, or moderate, cost housing. Ina Planning Commission Minutes 3 February 24, 1986 Planner Franzen noted that Staff was still concerned about traffic matters, as well. He stated that while Staff understood that proponents did not need to have the County's decision regarding the road system in order to begin work on the single family portion of the development, Staff was still of the opinion that an issue of the magnitude should not be left unresolved, especially considering the size of the proposed development. Planner Franzen stated that Staff would require additional traffic information and redrafted plans in order to make a firm recommendation regarding the development. Gartner asked when the traffic information would be available from Hennepin County. Planner Franzen stated that a traffic count would likely be available within one week; however, long-range plans would likely not be available that soon. Gartner asked if County Road #18 would be upgraded without an interchange at County Road #1. Planner Franzen stated that this was not known at this time. Planner Enger stated that it would be irregular for the County to approve of an intersection for a frontage road to be located approximately 300 ft. from the interchange, itself, when standard spacing was 1,200 ft. from the interchange. He noted that, on occasion, 600 ft. had been acceptable when only using right-in and right-out turns. There would not be enough space for stacking of vehicles within 300 ft. Planner Enger stated that the traffic counts would help with this type of decision as they would indicate how quickly the turn lanes would clear and, therefore, how much stacking distance would be necessary. Bye stated that she found the "preferred plan" acceptable, with the cul-de- sacs in a revised location to provide less driveways onto the minor collector road. Johannes stated asked about the phasing of the development. Mr. Hustad responded that phasing would be determined after the road information had been completed by the County. He added that, based on the "preferred plan," proponents would likely begin with the R1-13.5 area along the west side of the proposed development. Hallett asked which plan was preferrable to the Staff. Planner Enger stated that either plan would require modification, but that the northerly route of the minor collector route would be preferrable to Staff. Gartner stated that she liked the idea of the cul-de-sacs in the southeast portion of the proposed development for purposes of keeping traffic out of this area and not having the streets become a quick throughway for vehicles. She asked if the Parks, Recreation, and Natural Resources Commission had reviewed the plan with respect to the proposal for a trail along the Purgatory Creek river bed. Planner Enger responded that the City's position on the trail had been that a trail was not desirable in this area because of the wildlife in the valley. He stated that this had not been reviewed for several years, but that it would be reviewed by the Parks, Recreation, and Natural Resources Commission at the time of their review of this development proposal. GI.1c1 Planning Commission Minutes 4 February 24, 1986 Mr. Joseph Christensen, attorney, representing Mr. Martin Diestler, 9905 Bluff Road, reviewed Mr. Diestler's concerns regarding the access to his property at the bend in Bluff Road as proposed by the development. It was noted that the two parties were currently working on an agreement to resolve this matter. Mr. Christensen stated that he felt it was important that the City be aware of the situation. Mr. Christensen stated that Mr. Diestler was in favor of a northerly alignment for a minor collector through the property. Regarding assessments for utilities, Mr. Christensen stated that Mr. Diestler preferred that the assessments be based on a linear foot calculation, instead of an acreage calculation. Mr. Martin Diestler, 9905 Bruff Road, stated that he did not believe that only 12.5% of the traffic would use Bluff Road and that he was concerned that it not become a through-way for the development. Mr. Diestler stated that he would also prefer to see all of the proposed R1-9.5 lots eliminated from the development plan. Mr. Earl Houghton, 9795 Bluff Road, asked how deep the lots would be. Staff responded that they were approximately 135 ft. deep. Mr. Scott Gensmer, 9599 Bluff Road, stated that he felt there should be better transition to the existing homes along Bluff Road. He noted that the existing homes were on lots of five acres in size, or greater. Mr. Gensmer also expressed concern about safety in terms of accessing County Road #18 northbound from this area. He suggested that a deceleration lane be considered to alleviate this. Mr. Gensmer suggested that, if assessments against the existing lots became a reality, that the assessments be deferred for those lots, in particular, until such time as they would develop. Mr. Gensmer stated that his other concern was that the density for the development was too high. Mr. Brian Gensmer, 9785 Brookview Circle, concurred that there was not adequate transition being provided to the existing homes along Bluff Road. He also expressed concern about density being too high for the area and that additional traffic information be provided prior to decisions being made on the proposal. Mr. Gensmer stated that he felt Mr. Hustad should be paying for all the assessed utility costs which would be incurred with this development, since the improvements were not wanted by anyone else. Mr. Gensmer asked that the sanitary sewer and water be designed so that those with larger lots could develop in the future, if it was to be designed at all. Mr. Barry Bain, 9845 Bluff Road, expressed concern about the traffic through this area. He stated that he would prefer lots on the north side of Bluff Road to be designated for R1-13.5 zoning, instead of R1-9.5. Mr. Hustad responded that this area had been designated for Medium Density Residential land use originally and was now proposed for the less dense R1-9.5 zoning. Ms. Doris Brooker, 10164 Trotter's Path, asked if any trails would be considered for this area. Planner Enger responded that the Parks, Recreation, and Natural Resources Commission would be reviewing the need for trails in this development at their meeting, when scheduled. Mr. Diestler stated that he understood that there were plans for a park in r ; Planning Commission Minutes 5 February 24, 1986 this area at one time. Planner Enger responded that the City had considered purchasing land along the creek at one time; however, the City had determined that it would be better to designate this area along the creek for preservation, instead. The City had been implementing the preservation plan ever since. Mr. Christensen asked if Outlots A and B of Creek Knolls would be required to be within the Conservancy Area of Purgatory Creek, Mr. Hustad responded that this had been done as part of the Creek Knolls development several years ago. Gartner explained to those who had raised questions about assessments that the Planning Commission was not the group which would take action, or make recommendation, about assessments, but that the City Council should be contacted about such matters. Gartner asked for a list of items which Staff felt to be necessary prior to making a recommendation on this item. Planner Franzen stated that the list would include, but not be limited to, revised platting, revised lot sizes, revised phasing plan, and new traffic information. Gartner asked proponents If these items could be completed within two weeks. Mr. Hustad stated that he felt it was possible. Planner Enger reiterated the importance of the traffic study for review by the Staff. He questioned whether the study could be prepared and given to Staff in time for review by the next Planning Commission meeting. MOTION: Motion was made by Gartner, seconded by Hallett, to continue this item to the March 10, 1986, Planning Commission meeting, pending receipt of the additional information requested by Staff and the Commission and adequate time for Staff review and recommendation on the revised plans and data. Motion carried--6-0-0 A2l Planning Commission Minutes 5 January 27, 1986 C. BLUFFS EAST 4TH, by Hustad Development. Request for a Planned Unit Development Concept Amendment on approximately 196 acres; Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential on approximately 33 acres; Planned Unit Development District Review with zoning from Rural to R1-9.5, with variances, on 18.91 acres; and Preliminary Plat of 43.53 acres into 51 single family lots and two outlots. Location: West of County Road #18, north and west of Bluff Road, and west of Franlo Road. A public hearing. Mr. Wally Hustad, Sr., proponent, stated that the major factors involved in this proposal had been under development for many years. He stated that these factors included the upgrading of County Road #18, the upgrading of County Road #1, and extension of sanitary sewer into the area. Mr. Hustad stated that one of the situations which had precipitated planning of this area at this time was the washout that had occurred on property adjacent to this development. One of the requirements of the Watershed District for repair of this washout was that correction of it take place by August, 1986. Mr. Hustad stated that, because of this requirement to deal with the storm water drainage for this entire area, development of this entire area was now being considered. Mr. Hustad stated that proponents had found that there was a strong market for lower cost housing when proponents had developed the Bluffs East 1st, 2nd, and 3rd Additions, at County Road #1 and Franlo Road. He stated that now, marketing research had shown them that there was a demand for higher cost housing, which would include homes in the price range of approximately $300,000. He pointed to the locations proposed for this type of housing in the development. Mr. Bob Smith, Hedlund Engineering, reviewed the site vegetation, location of severe slopes, and the proposed utilities which would be constructed to Planning Commission Minutes 6 January 27, 1986 service the site. He noted that soils throughout the site were sandy loam in nature. Mr. Smith then reviewed the traffic patterns expected from development of the property as proposed. Mr. Hustad expressed concern about the Staff recommendation for connection of Franlo Road to Bluff Road. He stated that he was concerned that it not become a quick access, or through-way, to the major thoroughfares. He stated that proponents felt this would provide for an undesirable traffic situation within their development. Mr. Hustad stated that proponents were anxious to meet with Staff to work out the situation. Planner Franzen reviewed the findings and recommendations of the Sta f f Report of January 24, 1986. He noted that the overall density of t h e project was at 2.1 units per acre. However, with removal of the creek ar e a from the overall land area, the gross density for the development beca m e 2.92 units per acre. Planner Franzen noted that the major concerns of Sta f f included the location of the collector road, minimization of driveway acces s to the collector road, elimination of unnecessary cul-de-sacs, the need f o r a detailed traffic study, proposed multiple family development in an ar e a designated as an outlot, width of the lots at the street frontage wi t h respect to providing a variety of housing types, premature development of a portion of this area, transition to the existing developments in the are a , and architectural controls in the proposed R1-9.5 areas. Chairman Schuck accepted into the record a petition from the resident s living on the south side of Bluff Road regarding the development. Als o accepted into the record was a letter from Mr. Fred Warner. Mr. Martin Diestler, 9904 Bluff Road, stated that he was concerned abou t lots being smaller than his on the opposite side of the road. He added tha t he was concerned about the safety of the "blind corner" on the east end o f Bluff Road. Mr. Gene Briggs, 9715 Pioneer Trail, stated that, while proponents wanted the property they were developing to be serviced by sewer, they had no t discussed the fact that the only access for sewer for their property was through the Briggs property at the northeast portion of the site. He stated that he and his family were not ready for development at this time and they did not feel they should be forced into development because of this proposal. Mr. Barry Bain, 9845 Bluff Road, expressed concern for development of lots that were 9,500 square feet across from lots which were an acre in size, or greater. He questioned whether this would cause devaluation of his property. Mr. Earl Houghton, 9795 Bluff Road, stated that he concurred with M r . Diestler's concerns. Mr. Scott Gensmer, 9599 Bluff Road, stated that he would like to b e considered part of the petition that was accepted into the record from t h e residents living on Bluff Road. He stated that his major concern was t h e proposed small lots across from lots much greater in size than the existi n g lots and homes in the area. v"1; i • Planning Commission Minutes 7 January 27, 1986 Ms. Doris Brooker, 10164 Trotters Path, expressed concern about the proposed collector road through the property. She stated that she felt the privacy provided by cul-de-sacs was preferrable to a through-way and the traffic that would be forced through her neighborhood. Gartner stated that she felt Code requirements for minimum frontage along cul-de-sacs should be maintained, not only for purposes of providing variety of housing types, but for snow removal as well. She added that she felt there were too many variances being requested by the proponents. Gartner stated that she was not in favor of the density proposed by proponents, but that she could see both sides of the issue regarding the connection of the through-road through the property and that she would like additional information on this issue. Hallett stated that she supported Gartner with respect to the issue of cul- de-sacs and street frontage on the cul-de-sacs. With respect to the proposed connection of the collector street through the project, Hallett stated that he felt people would not use it as a through road if the other thoroughfares in the area were upgraded. Marhula stated that he was concerned that the connection of the through-road through the project not become a "race-track" through the subdivision. He also expressed concern about the transition along Bluff Road to the existing residence to the east. Marhula stated that, with respect to the commercial area proposed, it appeared as if proponents had assumed that this area would automatically be developed as commercial. He stated that he was unsure that this was appropriate and suggested that proponents provide additional information, if they wished this area to be developed as commercial. Mr. Hustad stated that it had been his plan to propose development of this commercial area at the same time as this residential area. However, due to the requirement of the Watershed District for solution of the storm water drainage problem in the area, this project came up first. He stated that proponents were in the process of planning the 60,000 square foot shopping center in this location at the northwest corner of County Roads #18 and #1. Mr. Hustad stated that the development at this point included a medical facility, service station, and development around the commercial area to include elderly housing and apartment units. With respect to the Briggs property, Mr. Hustad stated that the only alternative to crossing the Briggs property with the sewer pipe was to construct the sewer along County Road #18, which would be a much longer and more costly alternative. Mr. Gensmer stated that he was concerned that proponents seemed to be planning the development of the adjacent residential lots owned by others, as well as the development of this property. He stated that, based upon the proposal of the developer, it appeared that the existing residents along Bluff Road would be forced into development of their property. MOTION: Motion was made by Gartner, seconded by Dodge, to continue this item to the I ‘ZZI Planning Commission Minutes 8 January 27, 1986 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 concerns listed in the Staff Report of January 24, 1986. Motion carried--64 UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION May 5, 1986 B. Bluff Country PUD Refer to memos dated May 1, 1986 and May 5, 1986 from Bob Lambert, Director of Community Services and staff reports dated January 24, 1986, February 21, 1986, April 11, 1986 and April 25, 1986. Lambert said that the parks, recreation and natural resources issues are the preservation of the creek valley, park dedication, trails and sidewalks. Lambert met with the developer on Monday morning and after walking through the area, changed some earlier staff recommendations. He introduced Mr. Bob Smith of Hedlund Engineering who was present at the meeting to review the Bluff Country PUD proposal. Smith showed the commission a phased diagram and proposed zoning map. The site is located on 196 acres south of Pioneer Trail, west of County Road 18 and northeast of Purgatory Creek. The plan shows low density residential land uses of 2.1 units per acre with a neighborhood park to the north, low density residential to the east and south with open space and low density and open space to the west. There was a 1977 PUD which divided the site into eastern and western sections. The western section was approved and is currently being developed, but the eastern section was not approved at that time. Smith said the key issue of this proposal is the preservation of Purgatory Creek. Smith also reviewed maps showing vegetation, road alignments, utility plans and grading plans. Mr. Hustad of Hustad Development, Inc. was also present at the meeting to review the proposed plan. The development will include both high range ($300,000 to $1/2 million) and moderately priced ($100,000 to $125,000) housing. The average lot size is 12,000 square feet. There are 245 single family and 140 multi-family lots included in the plan. UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION May 5, 1986 -4- Lambert asked about park dedication. Rusted said they had met with their attorney and the developer intends to dedicate open space to the City. Lambert said that the Purgatory Creek Study is the guide that is being used for this development. It suggests being very careful about putting any trails in this section of the creek valley although plans are to make allowances for trails in the future. Lambert said he feels there should be a rim trail and that permanent knolls should be acquired for public use. A 15 year restrictive convenant would insure that no trails would be built along the creek for that amount of time. Lambert again reviewed the major issues which are the preservation of the creek valley with close monitoring both during construction and later; park dedication - the developer will pay cash park fees and the City will require a trail easement; trails and sidewalks - an 8' asphalt trail will be constructed on the west side of Frani° Road, 5' concrete sidewalks will be added on one side of the east/west road opposite the Franlo Park entryway, along the south side of Bluff Road from County Road 18 west the entire length of Bluff Road, along the south side of the extension of Meade Lane to Franlo Road, along the west side of the north/south road that connects the southern most cul-de-sac in the Creek Knolls Development to Frani° Road and along the short cul-de-sacs leading to the scenic overlooks. Joyer asked how the 15 year restrictive covenant was decided upon and is it long enough. Lambert said that the maximum amount of time for a restrictive covenant is 25 to 30 years, but he feels 15 years should be long enough to monitor the site. Gonyea asked who will police or monitor the area both during construction and afterwards. Lambert said the City has a full-time inspection department who will closely monitor development on the site. Baker asked how changes will be monitored after the grading has been done. Lambert said it will have to be the initiative of the Community Services staff and the Parks, Recreation and Natural Resources Commission to develop some type of monitoring system for different types of wildlife, etc. Cook asked if a scenic easement would affect the gift by the property owners. Hustad said that it would not. Busted commented on the gift of land to the City. He said this is the second time Brown's have done this and he feels that a precedent has been established. He added that some type of trust must exist between the City and the property owners involved. UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION May 5, 1986 -5- Lambert recommended that the plan be approved with the following conditions: changes on the trail and sidewalk system - trail easement between Lots 3 and 4 off Bluff Road and west from the Brown site and construction of a trail to Lot 8. The trail can be either 6' asphalt or 5' concrete, but it should be hard surface. A scenic easement should be required on steep slopes along with a trail easement and a 15 year restrictive covenant which would require the City to wait before any trail along the creek could be constructed. The impact of a trail should be reviewed at regular intervals and the appropriate cash park fees will be paid by the developer. MOTION: Baker recommended approval of the Bluff Country PUD per staff recommendation and additional conditions above. Joyer seconded the motion. Cook said that his major concern is the water drainage on the site. Lambert said that this will be reviewed by the Watershed District along with the City planning and engineering departments. Shaw asked if there is a similar drainage system in the area. Hustad said there are several, but they are not on as large a scale as this. The motion passed 7-0. 7,:a CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-102 A RESOLUTION APPROVING THE FLAGSHIP ATHLETIC CLUB PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT TO THE OVERALL EDEN PRAIRIE ATHLETIC CLUB 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 Flagship Athletic Club plan is considered a proper amendment to the overall Eden Prairie Athletic Club Planned Unit Development Concept; and, WHEREAS, the City Planning Commission did conduct a public hearing on the request of Flagship Athletic Club for PUD Concept Amendment approval to the overall Eden Prairie Athletic Club Planned Unit Development Concept for the Flagship Athletic Club and recommended approval of the PUD Concept Amendment to the City Council; and, WHEREAS, the City Council did consider the request on May 20, 1986; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The Flagship Athletic Club 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 Eden Prairie Athletic Club Planned Unit Development Concept as outlined in the application materials for the Flagship Athletic Club. 3. That the PUD Concept Amendment meets the recommendations of the Planning Commission dated April 28, 1986. ADOPTED by the City Council of Eden Prairie this 20th day of May, 1986. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 1 '1 P ° 4.1 s CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #86-103 RESOLUTION APPROVING THE PRELIMINARY PLAT OF FLAGSHIP ATHLETIC CLUB FOR FLAGSHIP ATHLETIC CLUB BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Flagship Athletic Club for Flagship Athletic Club, dated May 15, 1986, consisting of approximately 31 acres into one lot and two outlots, and road right-of-way for parking lot expansion, 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 20th day of May, 1986. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk t2FJ. STAFF REPORT TO: Planning Commission FROM: Donald Uram, Assistant Planner TPOUGH: Chris Enger, Director of Planning DATE: March 25, 1986 PROJECT: Flagship Addition LOCATION: South of Highway #5, west of Prairie Center Drive APPLICANT/ FEE OWNER: Flagship Athletic Club REQUEST: 1. Planned Unit Development Concept Amendment Review on 20.4 acres. 2. Zoning District Change from Rural to C-Regional Service on 4.4 acres. 3. Preliminary Plat of 27.4 acres into two lots, two outlots, and road right-of-way. Background This site is located adjacent to the Flagship Athletic Club along Prairie Center Drive. It is currently guided for Regional Commercial land uses as are the surrounding properties. The purpose of this request is to allow for a parking lot expansion to be used by members of the Flagship Athletic Club. To allow for parking facilities on this site, the parcel must be zoned and platted. The applicant is re- questing a zoning district change from Rural to C-Regional Service and is platting the property. Site Plan The proposed site plan depicts a parking lot expansion on the space which was temporarily occupied by the Flagship Athletic Club's sales trailer. This parking area would Flagship Addition 2 April 25, 1986 contain 188 parking spaces adjacent to Prairie Center Drive with room for the addition of 60 more spaces to the west of this. A total of 248 parking spaces would be possible. Staff recognizes the need for additional spaces to service the Flagship Athletic Club, but would like to point out the specific Code requirements for the installation of this facility. The site plan shows that the proposed parking facility would not be on the same parcel of land. Section 11.03 5. (D) of the City Code states that "all off-street parking facilities shall be on the same parcel of land as the structure they are intended to serve". Because of this requirement, the proponent would be required to submit a cross-access agreement for parking to occur on this site. In order to alleviate this -situation, Staff recommends that the preliminary plat be revised to reflect the elimination of the lot line between Lots 1 and 2 and the entire 14.47 acres be platted into one lot. Should the parcel to the north develop at some future date, a shared parking (access) agreement will be required at that time. In addition, that section states that space for the required facility shall not occupy the required front yard. The site plan depicts a setback of 30 feet from the right-of-way line of Prairie Center Drive. Code requires that this space be 35 feet. Also, the parking aisle widths per Code are 63 feet. Although the site plan states that these requirements are being met, the drawing does not scale correctly. Prior to Council review, the proponent shall revise the drawings to reflect accurate dimensions. Grading Plan Primarily, the grading plan depicts the leveling of this site to allow for the construction of the proposed parking lot. The site is relatively level and will not require extensive grading. The plan also depicts a five-foot berm around the perimeter of the site designed to help screen the parking lot. The proponent will be required to install a catch basin system within the parking lot to control drainage. Plans for this shall be submitted prior to City Council review. Landscape Plan The proposed landscape plan depicts a total of 212 caliper inches of plant material around the perimeter of the parking lot. In order to provide further screening of the parking lot, Staff recommends additional coniferous plantings within the gaps created by the undulating berms along Prairie Center Drive and along the northern boundary of the parking lot. Preliminary Plat In conjunction with the proposed site plan and zoning district change, the proponent is preliminary platting this and the adjacent property. The preliminary plat shows a total of two lots, two outlots, and road right-of-way for Prairie Center Drive. Lots 1 and 2 which are the location of the Flagship Athletic Club's buildings and proposed parking lot expansion, contain 14.47 acres with the outlots containing approximately 12.93 acres. Per Staff's recommendation, the lot line between Lots 1 and 2 shall be eliminated and the entire 14.47 acres be platted into one lot. STAFF RECOMMENDATIONS Staff would recommend approval of the request for Planned Unit Development Concept Amendment Review on 20.4 acres, Zoning District Change from Rural to C-Regional 11";. Flagship Addition 3 April 25, 1986 Service on 4.4 acres, and Preliminary Plat of 27.4 acres into two lots, two outlots, and road right-of-way based on plans dated April 22, 1986, and subject to the recommendations of the Staff Report dated April 25, 1986, and subject to the following conditions: 1. Prior to Council review, proponent shall: A. Modify the plans to reflect accurate dimensions for parking aisle widths and front yard setback from Prairie Center Drive. B. Modify the grading plan to depict a catch basin system within the proposed parking lot. C. Modify the preliminary plat to reflect the elimination of the lot line between Lots 1 and 2. D. Modify the landscape plan to reflect additional coniferous plantings along Prairie Center Drive and the northern boundary of the parking lot. 2. Prior to Final plat, proponent shall: A. Submit detailed storm water run-off, utility, and erosion control plans for review by the City Engineer. B. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. 3. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Provide a lighting plan for review. Lighting shall be 20-foot downcast luminars. 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. 12-a Planning Commission Minutes 5 April 28, 1986 B. FLAGSHIP ATHLETIC CLUB, by Flagship Athletic Club. Request for Planned Unit Development Concept Amendment Review on 20.15 acres , Zoning District Change from Rural to C-Regional-Service on 2.45 acres and Preliminary Plat of approximately 31 acres into 1 lot and 2 outlots and road right-of-way for parking lot expansion. Location: West of Prairie Center Drive at Singletree Lane. A public hearing. Mr. Don Brauer, representing proponents, explained the reason s f o r t h e request and the need for additional parking area for the Flagship A t h l e t i c Club. He noted that the intention was to have a shared access to t h e m e d i a n cut in Prairie Center Drive with the use to be located north of the p r o p o s e d parking lot addition. He stated that cross-easements could be arr a n g e d a t the time of review of the use to the north. Planner Enger reviewed the findings and recommendations of the Sta f f R e p o r t of April 25, 1986. He stated that Staff was concerned about th e c r o s s - easement arrangements proposed since the use to the north was not k n o w n a t this time. Also, City Code required that all off-street parking fa c i l i t i e s be on the same parcel of land as the structure they are intended t o s e r v e . Because of this, Staff was recommending elimination of the lot line b e t w e e n Lots 1 and 2 of the proposed preliminary plat at this time. Other w i s e , i t would be necessary for proponent to obtain a variance to allow for t h e o f f - street parking off the site from the Board of Appeals. Gartner asked if there was any risk to the City in doing so. Plann e r E n g e r stated that the replatting of the property could take place in the f u t u r e , too, but there was the possible problem of setting a precedence by a l l o w i n g the off-street parking to be on another lot. Anderson asked if the reasons for the platting as proposed were m a i n l y financial for purposes of transfer of title, etc. Mr. Brauer stat e d t h a t this was the case. Chairman Schuck asked for comments and questions from membe r s o f t h e audience. There were none. MOTION 1: Motion was made by Gartner, seconded by Bye, to close the public he a r i n g . Motion carried--6-0-0 MOTION 2: Motion was made by Gartner, seconded by Bye, to recommend to t h e C i t y Council approval of the request of Flagship Athletic Club for Pla n n e d U n i t Development Concept Amendment of 20.15 acres and Zoning District Ch a n g e f r o m Rural to C-Regional-Service of 2.45 acres, based on plans dated A p r i l 2 4 , 1986, subject to the recommendations of the Staff Report of April 2 5 , 1 9 8 6 , eliminating item lc of the recommendations. Motion carried--6-0-0 1P,14 Planning Commission Minutes 6 April 28, 1986 MOTION 3: Move to recommend to the City Council approval of t h e r e q u e s t o f F l a g s h i p Athletic Club for Preliminary Plat of approximatel y 3 1 a c r e s i n t o o n e l o t , two outlots and road right-of-way for a parking lo t e x p a n s i o n , b a s e d o n plans dated April 24, 1986, subject to the recomm e n d a t i o n s o f t h e S t a f f Report of April 25, 1986, eliminating item lc of th e r e c o n m e n d a t i o n s . Motion carried-6-0-0 ;23S MAY 20, 1986 185116.88 76486.00 53637.66 39941.87 400.00 600.00 74630.83 50000.00 24721.88 60745.86 31768.57 12445.50 12906.35 89534.94 2301.18 10 GENERAL 11 CERTIFICATE OF INDEBT S LIQUOR STORE-P V M LIQUOR STORE-PRESERVE 30 CASH PARK FEES 31 PARK ACQUIST & DEVELOP 33 UTILITY BOND FUND 39 86 FIRE STATION CONSTRUCT 44 UTILITY DEBT FUND 45 UTILITY DEBT FD ARB 51 IMPROVEMENT CONST FD 55 IMPROVEMENT DEBT FUND ARB 73 WATER FUND 77 SEWER FUND 81 TRUST & ESCROW FUND $715237.52 MAY 20,1986 26801 MN DEPT OF PUBLIC SAFETY f 902 MN DEPT OF PUBLIC SAFETY ",,017 VOID OUT CHECK 27062 HOPKINS POSTMASTER 27063 HOPKINS POSTMASTER 27064 MINNESOTA GAS CO 27065 NORTHWESTERN BELL TELEPHONE CO 27066 AT & T INFORMATION SYSTEMS 27067 AT & T COMMUNICATIONS 27068 NORTHERN STATES POWER CO 27069 JASON NORTHCO PROPERTIES LIMITED 27070 SUPPLIES 7 HI ENTER INC 27071 BRETT ALPIN 27072 GINA CREVIER 27073 JUSTIN GRIFFITH 27074 JENNA KAHNKE 27075 BETSY RAKOCY 27076 JAN WESPLER 27077 MN DEPT OF HEALTH 27078 EAGLE WINE CO 27079 ED PHILLIPS & SONS CO 27080 PRIOR WINE CO 27081 TWIN CITY WINE CO 27082 QUALITY WINE CO 27083 CAPITOL CITY DISTRIBUTING CO 27084 STATE TREASURER ?'085 VOID OUT CHECK ( 86 DANA GIBBS 2/087 KRISTI BUCHHOLZ 27088 LIA BUCHHOLZ 27089 DAVID CREVIER 27090 KIRK N. FRIEDLINE 27091 JEFF HARER 27092 SHANNON HARER 27093 JILL HERBERG 27094 SPENCER JOHNSON 27095 THEO JOHNSON 27096 JASON LUNDEN 27097 JESSE MORRIS 27098 MICHELLE OLSSON 27099 EMILY PAUMEN 27100 RYAN SCOTT 27101 JEFF THURK 27102 CHAD WAGNER 27103 SPENCER WERNESS 27104 INTL. CRYSTAL MANF. INC. 27105 VOID OUT CHECK 27106 OLMSTED COUNTY HIST SOC 27107 VOID OUT CHECK 27108 VOID OUT CHECK 27109 VOID OUT CHECK 27110 GRAND OLD MANSION F 11 HUBBELL HOUSE RESTAURANT .12 MN ASSOC OF ASSESSING OFFICERS 27113 EXECUTIVE SOFTWARE INC 3354892 MOTOR VEHICLE REGISTRATION MOTOR VEHICLE REGISTRATION BOND REFERENDUM MAILINGS POSTAGE-COMMUNITY CENTER SERVICE SERVICE SERVICE SERVICE SERVICE MAY RENT-LIQUOR STORE RENT-LIQUOR STORE REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS PERMIT FEE-WATER DEPT LIQUOR WINE WINE WINE WINE WINE RENEWAL CERTIFICATION-WATER DEPT PACKET DELIVERIES REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-RACQUETBALL LEAGUE REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS EXPENSES-COMMUNITY CENTER REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS EXPENSES-COMM SERVICES/FEES PD RADIO INSTALLED-SURVEILLANCE VAN TOUR EXPENSE/FEES PD TOUR EXPENSES/FEES PD TOUR EXPENSE/FEES PD 1986 DUES-ASSESSING DEPT CONFERENCE-PLANNING DEPT. 12,V 9.75- 0.50- 275.00- 804.19 843.12 4508.90 17.86 831.75 4.47 6803.49 4525.82 4128.30 14.00 14.00 14.00 14.00 13.00 18.00 1000.00 1938.96 1959.07 508.29 3077.80 1678.14 124.46 15.00 0.00 65.00 9.00 12.00 14.00 4.50 13.00 16.00 16.00 45.00 11.00 16.00 16.00 3.50 7.50 4.00 12.00 16.00 17.50 21.18 0.00 91.00 0.00 0.00 0.00 23.32 125.05 275.00 144.00 PAYROLL 5/2/86 PAYROLL 5/2/86 PAYROLL 5/2/86 PAYROLL 5/2/86 MAY 86 INSURANCE MAY 86 INSURANCE MAY 86 INSURANCE PAYROLL 5/2/86 PAYROLL 5/2/86 PAYROLL 5/2/86 WITHHOLDINGS-EMPLOYEE PER COURT ORDER MAY BILLING PAYROLL 5/2/86 LIFE INS MAY 1986 PAYROLL 5/2/86 LAND-FIRE STATION LAND-FIRE STATION 2 DUMP TRUCKS-STREET DEPT CONFERENCE-MANAGER/ASSISTANT MANAGER REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS DUES-POLICE DEPT CONFERENCE-POLICE DEPT CONFERENCE-POLICE DEPT CONFERENCE-POLICE DEPT. CONFERENCE-POLICE DEPT PROGRAM REG. CHANGE FUND-COMM. SERVICES DUES-POLICE DEPT REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS EQUIPMENT REPAIRS-LIQUOR STORE HIRE LOBBYIST FOR METRO COUNCIL MDIF BEER MIX BEER BEER BEER BEER MIX MIX MIX BEER MIX SERVICE EXPENSES BIKE REGISTRATIONS/FEES PD LIQUOR 27114 - 27115 27116 27117 '118 -3119 27120 27121 27122 27123 27124 27125 27126 27127 27128 27129 27130 27131 27132 27133 27134 27135 27136 27137 27138 27139 27140 27141 27142 ,"143 k 144 27145 27146 27147 27148 27149 27150 27151 27152 27153 27154 27155 27156 27157 27158 27159 27160 27161 27162 27163 27164 27165 27166 27167 FEDERAL RESERVE BANK COMMISSIONER OF REVENUE STATE TREASURER CITY-COUNTY CREDIT UNION PHYSICIANS HEALTH PLAN GROUP HEALTH PLAN INC MEDCENTERS HEALTH PLAN INC ICMA RETIREMENT GROUP MINNESOTA STATE RETIREMENT SYSTEM GREAT WEST LIFE ASSURANCE CO RP EBERSBERGER ATTORNEY INTL UNION OF OPERATING ENG PUBLIC EMPLOYEES RETIREMENT ASSN. PRUDENTIAL INSURANCE CO DEPARTMENT OF EMPLOYEE RELATIONS HENNEPIN COUNTY J B & 0 INC. LAKELAND TRUCK CENTER HAMLINE UNIVERSITY JANET KADING MARY GRINNELL SARAH MAENKE MICHELLE OLSSON JENNY PITSCH MATTHEW ZIEBOL HENNEPIN CTY CHIEFS OF POLICE IACCI KEYE PRODUCTIVITY CTR. KEYE PRODUCTIVITY CTR. SPRING CONFERENCE PETTY CASH MINNESOTA CHIEFS OF POLICE ASSOCI DANIEL BELFRY A.J. RASHID SHARON L. STODOLA PHILIP WHITE SPARKLING LINES CITY OF CHANHASSEN BEER WHOLESALERS INC COCA COLA BOTTLING CO DAY DISTRIBUTING CO EAST SIDE BEVERAGE CO KIRSCH DISTRIBUTING CO MARK VII SALES PEPSI/7-UP BOTTLING CO REX DISTRIBUTING CO INC ROYAL CROWN BEVERAGE CO THORPE DISTRIBUTING CO TWIN CITY HOME JUICE CO NORTHERN STATES POWER CO PETTY CASH STATE OF MINNESOTA ED PHILLIPS & SONS CO VOID OUT CHECK 21302.53 9092.05 16993.78 1952.13 13843.44 2286.95 7160.45 2150.00 10.00 5073.00 498.02 630.00 18573.21 666.27 76.38 28757.75 21242.25 71546.00 100.00 40.00 24.00 24.00 10.50 24.00 7.50 30.00 25.00 96.00 96.00 65.00 100.00 40.00 7.50 13.00 10.10 9.00 60.00 2000.00 4587.80 612.45 4341.60 8077.75 362.60 13553.22 483.50 492.45 220.95 12534.23 34.68 13.94 44.59 125.00 8696.80 0.00 ( '881737 27168 27169 27170 y7171 ( 172 d173 27174 27175 27176 27177 27178 27179 27180 27181 27182 27183 27184 27185 27186 27187 27188 27189 27190 27191 27192 'VOID OUT CHECK PAUSTIS & SONS CO MARK VII SALES PRIOR WINE CO TWIN CITY WINE CO NORTHWESTERN BELL TELEPHONE CO INC HOUSING ASSOC OF MET MUNICIPALTIES EAGLE WINE CO QUALITY WINE CO A COMMERCIAL DOOR CO ACRO-MINNESOTA INC AMERICAN LINEN SUPPLY CO AMERICAN NATIONAL BANK JERRY ANDERSON ROBERT ARNDT ASSOCIATED ASPHALT INC ASSOCIATED WELL DRILLERS INC AT & T INFORMATION SYSTEMS AT & T INFORMATION SYSTEMS AT & T COMMUNICATIONS PATRICIA BARKER BATTERY & TIRE WAREHOUSE INC BBC TOOL SUPPLY INC. BEACON PRODUCTS COMPANY 27193 BERG BAG COMPANY 27194 BLACK & VEATCH 27195 BLAYLOCK PLUMBING CO. /-196 BRAUN ENG TESTING INC k, .97 ED BRION 27198 ANDREA BROSCH 27199 BROWN PHOTO 27200 BRYAN ROCK PRODUCTS INC 27201 MAXINE BRUELK 27202 BSN CORP 27203 BUTCHS BAR SUPPLY 27204 WALLACE W. CARLSON COMPANY 27205 CATCO PARTS SERVICE 27206 CENTEX HOMES 27207 CERTIFIED RUSTPROOFERS INC. 27208 CHASE BRACKETT COMPANY 27209 CLUTCH & U-JOINT BURNSVILLE INC 27210 NILES COLE 27211 COPY EQUIPMENT INC 27212 CURTIN MATHESON SCIENTIFIC INC 27213 CURTIS INDUSTRIES 27214 CUSHMAN MOTOR CO INC 27215 CUTLER-MAGNER COMPANY 27216 DALCO 27217 CRAIG W DAWSON 27218 EUGENE DIETZ WINE WINE WINE LIQUOR SERVICE EXPENSES-MAYOR CONFERENCE-CITY COUNCIL LIQUOR WINE REPAIR OVERHEAD DOOR-STREET DEPT OFFICE SUPPLIES RUG SERVICE-LIQUOR STORE BOND PAYMENTS HOCKEY OFFICIAL/FEES PD APRIL 86 CUSTODIAL SERVICE BLACKTOP-STREET DEPT STREET SWEEPING EQUIPMENT RENTAL SERVICE SERVICE SERVICE MILEAGE-ELECTIONS AIR FILTERS/SPARK PLUGS/OIL-STREET DEPT SAFETY GLASSES/GOGGLES/SHIELD-STREET DEPT -NON-CAUSTIC FIELD LINING COMPOUND - PARKS DEPARTMENT WOVEN POLYPROPYLENE SANDBAGS-SEWER DEPT SERVICE-WATER DEPT EXPANSION REFUND PLUMBING PERMIT SERVICE-HOMEWARD HILLS RD SOFTBALL OFFICIAL/FEES PD RACQUETBALL INSTRUCTOR/FEES PD FILM PROCESSING ROCK MILEAGE & PARKING SOCCER NET-PARK MAINTENANCE SUPPLIES-LIQUOR STORE PRINTING-COMMUNITY SERVICES PIN KIT-STREET DEPT REFUND BLDG PERMIT RUSTPROOFING-PARK MAINTENANCE SERVICE-MILLER PARK -SPI TRANS/SEAL/OIL/GASKET BEARING/ FLYWHEEL/CORE EXCHANGE REFUND-SOFTBALL REGISTRATION XEROX BOND/XEROX VELLUM-PLANNING DEPT CHEMICALS-WATER DEPT -GLEAM-ALL/VYN-ALL/SPOT CLEANER/DRILL BIT/FENDER COVER-STREET DEPT SPRING/POINT SET/CONDENSER-STREET DEPT QUICKLIME-WATER DEPT CLEANING SUPPLIES-COMM. CTR/P/W BLDG MILEAGE APRIL 86 EXPENES 0.00 380.83 147.00 165.84 10010.75 3608.81 150.00 45.00 7574.32 2137.68 64.00 1416.19 9.05 72741.36 200.00 200.00 265.12 1650.00 61.85 1072.33 252.31 27.75 174.31 20.20 252.00 80.00 74550.08 82.00 80.75 140.00 91.00 144.15 2354.04 12.97 768.90 219.45 37.00 199.55 1998.20 273.00 600.00 305.42 210.00 33.84 130.85 320.16 28.00 1646.77 301.29 32.75 165.00 743187 27219' DIXIE PETRO-CHEM INC 27220 EDEN PRAIRIE TRASHTRONICS 27221 CITY OF EDINA 7 7222 ELVIN SAFETY SUPPLY INC '223 EMPIRE-CROWN AUTO INC 27224 RON ESS 27225 JOHN FRANE 27226 G & K SERVICES 27227 G L CONTRACTING INC 27228 ROBIN GLABE 27229 GLUSCHENKO SPENCER SMITH INC 27230 GOODYEAR AUTO SERVICE CENTERS 27231 TOM GUELCHER 27232 HALLOCK COMPANY INC 27233 HARMON GLASS 27234 HAYDEN MURPHY EQUIPMENT CO 27235 HENNEPIN COUNTY DEPARTMENT OF 27236 HENNEPIN COUNTY PUBLIC RECORDS 27237 HOFFER'S INC. 27238 HOLMSTEN ICE RINKS INC 27239 HUDSON MAP COMPANY 27240 KURT HYSTER 27241 IBM CORP 27242 IBM 27243 INDEPENDENT SCHOOL 01ST #272 27244 INTL OFFICE SYSTEMS INC i "245 JM OFFICE PRODUCTS INC k, 246 JONAH USA LTD 27247 CARL JULLIE 27248 KARULF HARDWARE INC 27249 RAY KERBER 27250 RICHARD KNUTSON INC 27251 KOKESH ATHLETIC SUPPLIES INC 27252 KRAEMERS HOME CENTER 27253 LA HASS MFG & SALES INC 27254 LANCE 27255 LANE INSURANCE INC 27256 LANG PAULY & GREGERSON LTD 27257 DOUGLAS A LAWYER 27258 LEEF BROS INC 27259 DAVID LINDAHL 27260 M-V GAS CO 27261 RACQUEEN EQUIPMENT INC 27262 MATTS AUTO SERVICE INC 27263 MERIT/JULIAN GRAPHICS 27264 METROPOLITAN COUNCIL '54226 CHLORINE CYLINDER-WATER DEPT APRIL 86 TRASH PICKUP WATER TESTS VINYL MESH VEST -MUD FLAPS/BODY PUTTY-STREET DEPT/ PARK MAINTENANCE HOCKEY OFFICIAL/FEES PO APRIL EXPENSES -TOWELS/COVERALLS-PARK MAINTENANCE & WATER DEPARTMENT -SERVICES-VALLEY VIEW RD/MITCHELL & FAIRWAY/SHADY OAK RD & WESTWIND CIRCLE MILEAGE SERVICES-RECRUIT HUMAN RESOURCE DIRECTOR EQUIPMENT MAINTENANCE & REPAIRS WOOD CARVING INSTRUCTOR/FEES PD SIGNAL RESET TIMER-WATER DEPT REPLACE WINDSHIELD-STREET & WATER DEPT RED AIR HOSE-WATER DEPT VOTER REGISTRATION VERIFICATION POSTAGE FILING FEES-ENG DEPT FIELD MARKING PARTS/FILTERS/OIL/PAPER/KIT-COMM. CTR. STREET ATLAS-WATER DEPT HOCKEY OFFICIAL/FEES PD OFFICE SUPPLIES-BLDG DEPT SERVICE-CITY HALL APRIL CUSTODIAL SERVICES SERVICE-POLICE DEPT OFFICE SUPPLIES-SEWER DEPT LUBE STICKS/STONES/PICK GUARDS-COMM CTR EXPENSES-CITY MANAGER -BATTERIES/PAINT/CONCRETE/SCREWS/FILTERS/ -FORKS/PLUGS/SANDING BITS/TURNBUCKLE/ -SNAP/ROPE/PAINT BRUSHES/DEGREASER & U-BOLTS 10 BALES-PARK MAINTENANCE SERVICE-ANDERSON LAKES PARKWAY GOLF BALLS/BASES/CLUBS/SCRAMBLER MARKER TAPE/FRAMES/PAINT/NAILS/DRILL/BOLTS -ASPHALT PATCHING BOX-STREET DEPT/ TOOL BOX-SEWER DEPT LIQUOR STORE SUPPLIES RENEWAL NOTARY BOND-ENGINEERING DEPT LEGAL SERVICES-MARCH 86 SOFTBALL OFFICIAL/FEES PO RUG SERVICE-CITY HALL & P/W BLDG EXPENSES SERVICE-SENIOR CENTER -SHAFTS/BEARINGS/CLAMP ANGLE/BRACE/ SPROCKET/CHAIN-EQUIPMENT MAINTENANCE TOWING SERVICE ENVELOPES-CITY HALL SERVICE 677.00 325.00 157.50 111.00 38.94 51.00 165.00 278.66 5288.55 3.55 1662.85 344.90 25.00 207.60 257.51 100.00 11.06 111.00 271.60 636.82 181.85 46.50 27.50 424.32 1904.93 121.12 47.29 188.95 53.38 674.63 22.50 26369.82 1281.79 104.40 5218.00 53.65 60.00 12136.65 84.00 252.40 5.89 216.00 1832.75 103.00 368.80 37.60 27265 27266 27267 / '7268 /269 27270 27271 27272 27273 27274 27275 27276 27277 27278 27279 27280 27281 27282 27283 27284 27285 27286 27287 27288 27289 27290 27291 27292 27293 METROPOLITAN FIRE EQUIP CO METROPOLITAN WASTE CONTROL COMM MICHELIN TIRE CORPORATION MID-CENTRAL FIRE INC MIDWEST ASPHALT CORP MINNESOTA COMMUNICATIONS CORP MINNESOTA DAILY MINNESOTA MAYORS ASSOCIATION MEME MPLS STAR & TRIBUNE CO MINNESOTA SUBURBAN NEWSPAPERS INC MINNESOTA VALLEY WHOLESALE INC MIRROR FACTORY MODERN TIRE CO NM MUELLER & SONS INC NORTHWOOD GAS CO INC NORWEST BANK MINNEAPOLIS NA OCHS BRICK & TILE CO OFFICE PRODUCTS OF MN INC OPEN PLAN MARKETING INC PENNSYLVANIA OIL CO PEPSI/7-UP BOTTLING CO PETTY CASH CONNIE L PETERS JOYCE PHELPS JOYCE PHELPS PITNEY BOWES PLAQUES PLUS INC POWER BRAKE EQUIPMENT CO PRECISION BUSINESS SYSTEMS INC (..)294 QUALITY HOMES 27295 R & R SPECIALTIES INC 27296 RECREONICS CORP 27297 RETAIL DATA SYSTEMS OF MINNESOTA 27298 ROAD MACHINERY & SUPPLIES CO 27299 ROGERS SERVICE CO 27300 ROOT-O-MATIC SEWER SERVICE 27301 ROBERT RYAN 27302 SATELLITE INDUSTRIES INC 27303 SAVOIE SUPPLY CO INC 27304 DALE SCHMIDT 27305 DALE SCHMIDT 27306 DONALD B SCHWARTZ 27307 SEARS ROEBUCK & CO 27308 SETTER LEACH & LINDSTROM INC 27 309 THE SKETCH PAD 27310 W GORDON SMITH CO 27311 SNAP-ON TOOLS CORP 27312 SNAP PRINT-WEST 27313 SOUTHWEST AUTO SUPPLY INC ANNUAL SERVICE & INSPECTION ON FIRE EXT JUNE 86 SEWER SERVICE 4 TIRES - STREET DEPT ADAPTERS & NOZZLES - WATER DEPT BLACKTOP MAY 86 PAGER SERVICE-WATER DEPT NEWSPAPER AD DUES SUBSCRIPTIONS-COMMUNITY CENTER ADS-LIQUOR STORE TREES-FORESTRY DEPT MIRROR-COMMUNITY CENTER ADAPTERS/WHEEL ALIGNMENT/VALVE GRAVEL-PARK MAINTENANCE - SERVICE BOND PAYMENT CEMENT-PARK MAINTENANCE SUPPLIES ALL-STEEL FILE MOTOR OIL-STREET DEPT CONCESSION STAND SUPPLIES-COMMUNITY CTR PETTY CASH RECEIPTS-POLICE DEPT MILEAGE SKATING INSTRUCTOR/FEES PD SKATING INSTRUCTOR/FEES PD SERVICE-COMMUNITY CENTER PLAQUES & ENGRAVING-BANQUET STROBE/VALVE -BATTERY/DUST COVER/RECORDER/DESK TOP/ TRANSCRIBER-COMMUNITY CENTER REFUND BLDG PERMIT SHARPEN ZAMBONI BLADES SOCKET CLOSURE CAP-COMMUNITY CENTER CASH REGISTER PAPER-LIQUOR STORE HOSES/SEAL KIT/VALVE/FITTINGS ALTERNATOR & STARTER REPAIRS SERVICE-SUNNYBROOK RD & OLYMPIC DRIVE HOCKEY OFFICIAL/FEES PD PORTABLE RESTROOMS-SENIOR CENTER CAR WASH-STREET DEPT EXPENSES-STREET DEPT EXPENSES-STREET DEPT SOFTBALL OFFICIAL/FEES PD COVERALLS/CALCULATORS SERVICE-CITY HALL PLANNING CALLIGRAPHY-ELECTIONS -BREAK SHOE/OIL SEAL/CAT KIT/PISTON/ DISC PADS-EQUIPMENT MAINTENANCE LITE/REPLACEMENT TAPS/VALVE-EQUIP MAIN -PRINTING FORMS-COMMUNITY SERVICES/ COMMUNITY CENTER -FLYWHEEL/BATTERY/BRAKE LINES/SWITCH/ -IGNITION/TURN SIGNALS/FUSE HOLDERS/ -BEARINGS/SEALS/BELTS/FITTINGS/TIRE PLUGS/HOSES/OIL PRESSURE GAUGE/LAMP 39.00 88039.96 251.00 504.00 2419.98 25.75 85.68 10.00 108.00 181.44 1709.05 86.08 41.95 10.19 45.58 24721.88 36.00 563.00 295.00 641.90 96.00 23.83 10.75 82.40 713.60 102.00 492.52 94.60 633.00 300.00 93.10 37.05 49.04 327.75 242.85 337.50 93.00 60.00 467.50 10.50 191.19 84.00 216.94 3889.99 5.00 2640.37 37.69 244.77 2257.70 13365008 27314 27315 27316 '7 317 3318 27319 27320 27321 27 322 27323 27324 27325 27326 27327 27328 27329 27330 27331 27332 27333 27334 27335 27336 27337 27338 27339 27340 27341 77342 ( 343 'L/344 27345 27346 27347 27348 27349 27350 27351 27352 27353 27354 27355 27356 27357 27358 27359 27360 27361 27362 27363 27364 27365 27366 SOUTHWEST SUBURBAN PUBLISH INC SPORTS WORLD EMMETT STARK STATE OF MINNESOTA SULLIVANS SERVICES INC TOTE-A-TUB HOT TUB RENTALS TURNQUIST PAPER COMPANY TWIN CITY OXYGEN CO TWIN CITY TESTING UNITOG RENTAL SERVICES VALLEY VIEW ASSOCIATES VESSCO INC VIKING LABORATORIES INC VIKING PRESS INC WALDOR PUMP & EQUIP CO KEITH WALL WATER PRODUCTS CO WHEELER LUMBER OPERATIONS WINGFIELD PERFORMANCE ENGINEERING WOLCYN TREE FARM X-ERGON XEROX CORP JIM ZAIC ZEE MEDICAL SERVICE NIKKI L ANDERSON RITA L ANDERSON PRISCILLA A BAILEY KENT BARKER LEONE BARLA VOID OUT CHECK LEONE M BARTA JOAN S BARTH BARBARA W BERGAN ADELINE M BRAMWELL JOY BREKKE CHERYL M BRIDGE ROBERTA BRONSON CAROL BURNETT BARBARA GAIL LINDA J CAMPBELL ANN CHEATHAM MILDRED H CLARK LOUISE J DOUGHTY PERRY FORSTER HARLAN D FRITZ VIRGINIA GARTNER CHERYL HANSEN HELEN HAUPT ANNE R HAWKINS CAROLE A HEDLUND CAROL HEGGE MARY HELFAND BERNICE HOLASEK ADS-COMMUNITY CENTER & COMM. SERVICES SHORTS/JACKETS/RACQUETS/BALLS/VB NET BAND DIRECTOR FEE-COMMUNITY SERVICE UNCLAIMED PROPERTY SERVICE-SENIOR CENTER HOT TUB RENTAL-COMMUNITY CENTER TOILET TISSUE-COMMUNITY CENTER OXYGEN-STREET DEPT SERVICE-VALLEY VIEW RD UNIFORMS FOR CITY EMPLOYEES EJECTOR SPARE PARTS-COMMUNITY CENTER CONNECTORS-WATER DEPT CHEMICALS-COMMUNITY CENTER LETTERHEAD-CITY HALL RELAY-SEWER DEPT MAY 1/1986 EXPENSE 4 2"METERS $1672.00/1 3'METERS $1266.00 WOOD CRIB SLATS-PARK MAINTENANCE TRANSMISSION FILTERS-SQUAD CARS TREES-FORESTRY DEPT DRILL BITS/HACK SAW/TORCH-WATER DEPT DUPLICATOR-CITY HALL MILEAGE 1ST AID SUPPLIES-STREET DEPT ELECTION JUDGE ELECTION JUDGE ELECTION JUDGE ELECTION JUDGE ELECTION JUDGE ELECTION JUDGE ELECTION JUDGE ELECTION JUDGE ELECTION JUDGE ELECTION JUDGE ELECTION JUDGE ELECTION JUDGE ELECTION JUDGE ELECTION JUDGE ELECTION JUDGE ELECTION JUDGE ELECTION JUDGE ELECTION JUDGE ELECTION JUDGE ELECTION JUDGE ELECTION JUDGE ELECTION JUDGE ELECTION JUDGE ELECTION JUDGE ELECTION JUDGE ELECTION JUDGE ELECTION JUDGE ELECTION JUDGE 230.15 396.75 325.00 2280.00 100.00 140.00 418.70 21.00 4300.00 1223.60 31.23 78.90 19.13 552.00 155.43 7.00 3174.23 780.00 76.00 105.00 226.88 457.38 21.50 37.45 77.63 72.00 75.38 11.25 6.75 0.00 6.75 22.50 72.00 90.75 74.25 75.38 73.13 74.25 104.50 76.50 74.25 28.13 72.00 11.25 76.50 19.25 74.25 69.75 74.25 76.50 76.50 78.75 76.50 '587823 iatla 27367 ALLENE HOOKOM 27368 ISABELL IVERSON 27369 ELAINE M JACQUES t - '370 BILL JELLISON ‘_,371 LINDA JIRAN 27372 DORIS JOHNSON 27373 PATRICIA JOHNSON 27374 VIOLA M JOHNSON 27375 LYLE J JOHNSTON 27376 DELORES KLEIN 27377 JUDY KOBER 27378 SUE LANE 27379 ADELINE LEVIN 27380 ELEANOR LEVINE 27381 GEORGE-ANN LILLIE 27382 NANCY LITTLE 27383 WILLIAM D MCNEIL 27384 CAROLE MEIDINGER 27385 RUTH MITAL 27386 JOYCE MYHRE 27387 ALFRED L NELSON 27388 CAROLINE NELSON 27389 MARION NESBITT 27390 KATHLYN NICHOLSON 27391 JIM RARNOW 27392 LAURINA REIFF 27393 BETTY SCHAITBERGER 27394 DOROTHY SCHWARTZ 7 395 ANNE THOMAS ( 396 IDWAL THOMAS -z36879 ELECTION JUDGE 90.75 ELECTION JUDGE 74.25 ELECTION JUDGE 72.00 ELECTION JUDGE 75.38 ELECTION JUDGE 90.75 ELECTION JUDGE 94.88 ELECTION JUDGE 74.25 ELECTION JUDGE 74.25 ELECTION JUDGE 72.00 ELECTION JUDGE 73.13 ELECTION JUDGE 73.13 ELECTION JUDGE 88.00 ELECTION JUDGE 74.25 ELECTION JUDGE 74.25 ELECTION JUDGE 93.50 ELECTION JUDGE 72.00 ELECTION JUDGE 75.38 ELECTION JUDGE 74.25 ELECTION JUDGE 75.38 ELECTION JUDGE 74.25 ELECTION JUDGE 72.00 ELECTION JUDGE 76.50 ELECTION JUDGE 89.38 ELECTION JUDGE 72.00 ELECTION JUDGE 96.25 ELECTION JUDGE 72.00 ELECTION JUDGE 76.50 ELECTION JUDGE 96.25 ELECTION JUDGE 76.50 ELECTION JUDGE 75.38 $7 15237.52 Nt1.3 MEMORANDUM TO: Mayor & City Council FROM: City Manager Carl J. Jullie SUBJECT: City Hall Options DATE: May 16, 1986 As directed by the City Council on May 6, the following is a listing of options to be considered in order to address our continuing City Hall space needs: 1. Lease some office space for the next 3 - 5 years, beginning in January 1987. This option has several advantages - • Solves our immediate space needs • Allows time to reevaluate alternate City Hall sites. . Allows time to work with the athletic association and arrive at a mutually agreeable timetable. Under this option we would move all departmnts to leased space, remove the double-wide unit and find some uses to occupy the vacated space (seminars, Community Education, PROP, Museum storage). We would also lease space for a Council chambers. The boardroom works reasonably o.k. for most Council meetings, but not for Planning Commission meetings. As we will "infill" with our development, larger crowds can be expected to attend meetings. Estimated leasing cost = 22,000 S.F. @ $15/S.F. = $330,000/yr. We will be prepared to fully document our space needs. 2. Move a portion of City Hall staff to leased space and retain use of present bulding, minus the double-wide. This option has the same advantages as option 1 plus a substantial savings in annual leasing costs. The major disadvantage is splitting up the City staff. A possible split could be: Move Stay Administration Inspection/Conf. lower south Finance Engineering upper south Community Services Planning upper & lower north Assessing Lunchroom/storage old Council room Council School Adm. Bldg. We would lease about 8,000 sq. ft. under this option @ $15 = $120,000/yr. -2- The leased space number is approximate. The actual square footage would be dependent on the configuration and space efficiency of a particular building. 3. Remodel present City Hall and construct an addition. Have our architects review this option. Advantages are: . Least costly in long term. . Sufficient land is available and there is flexibility to accommodate future expansion. . "Spot" zoning question is a concern, but surrounding property owners are apparently not opposed. . Staff is not split. . Community would support. A possible disadvantage is that it would be very difficult to even move away from this site in the future. Also, much disruption of staff during construction. May have to lease space temporarily. 4. Purchase (condemn?) some additional land at the Mitchell Road site and construct a smaller building (i.e. 30,000 sq. ft). Expand building and build a parking ramp in future as necessary. City's architects to verify feasibility and cost estimate. 5. Purchase an existing building: . AID Insurance building (37,000 sq. ft.) . Pheasant Run office (27,000 sq. ft.) . Others? Under this option we would move all departments to new building, remove the double-wide unit and find uses to occupy the vacated space, or sell the present City Hall (professional offices, daycare, etc). Has the advantage of being a quick solution and probably very acceptable to the public if the cost is less than our May 6 proposal. 6. Solicit a developer to build an office building to our specs and City would lease space. This possibility doesn't seem too likely, but still possible. 7. Hire a consultant planner (as the School District has) to evaluate and make recommendations on a City Hall site. Then hold a public hearing before a site is selected. This process would also involve mailing or publishing a questionnaire to all those who voted asking them why they voted yes or no and what changes they support. Estimated cost = $6,500. There are probably other options which Councilmembers may wish to bring up for discussion on Tuesday evening. After your review is completed, I suggest that the Counc.1 direct staff to pursue Option 7, plus explore the costs and opportunities of leasing or purhasing a building and to report back to the Council at the June 17 meeting. CJJ:jp laqS