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HomeMy WebLinkAboutCity Council - 07/15/1986CITY COUNCIL STAFF: AGENDA EDEN PRAIRIE CITY COUNCIL 7:30 PM, SCHOOL ADMINISTRATION BUILDING 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, Senior Planner Mike Franzen, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Jan Nelson P TUESDAY, JULY 15, 1986 COUNCIL MEMBERS: PLEDGE OF ALLEGIANCE ROLL CALL f I. PRESENTATION BY COMMUNITY THEATER ON ITS PRODUCTION OF "MUSIC MA II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS III. MINUTES OF REGULAR CITY COUNCIL MEETING HELD TUESDAY JULY 1 1986 Page 1614 IV. CONSENT CALENDAR A. Homeward Hills Park Improvements Page 1632 B. Final Plat approval for Westover Woods (along Cumberland Drive, Page 1533 west of Anderson Lakes Parkway and T.H. 169 (Resolution No gl-I52)- Continued from July 1, 1986 C. Certificate of Correction for Cedar Hills West Plat Page 1633 D. Final Plat approval for Mount Curve Addition iSW, Corner Frani° Page 1635 at Mount Curve) Resolution No. 86-170 E. Final Plat approval for Edenvale Executive Center (Equitable Drive) Page 1638 Resolution No. 86-171 -- F. Final Plat approval for Coachman's Landing Fourth Addition Page 1641 (Village Woods Drive West of Mitchell) Resolution No. 86-172 G. WESTOVER WOODS, by Tandem Corporation. 2nd Reading of Ordinance #29- Page 1546 86-PUD-4-86, Zoning District Change from Rural to PUD-4-86, including the R1-13.5 and R1-9.5 Districts; Approval of Developer's Agreement for Westover Woods; and Adoption of Resolution #86-155, Authorizing Summary of Ordinance #29-86-PUD-4-86 and Ordering Publication of Said Summary. PUD District Review on 15 acres and Rezoning on 11.9 acres with variances and Shoreland Management variances, into 42 single family lots and 2 outlots. Location: South of Anderson Lakes Parkway and New Cumberland Roads intersection. (Ordinance #29-86- PUD-4-86, PUD District and Rezoning; Resolution #86-155, Authorizing Summary and Publication) Continued from July I, 1986 City Council Agenda - 2 - Tues.,July 15, 1986 H. Receive Feasibility Report, for Crestwood Terrace Paving Improvements Page 1644 between CSAH 1 and Dell Road and set Public Hearing for August 19 1986 I.C. 32:07§-lution No. 86-173) I. Receive Feasibility Report for Bluffs East 4th Addition and Page 1645 vicinity Street and Utility Improvements (south of CSAH rind West of CSAT--1-18)- and set-Priblic Hearing for August 19, 0g6, I.C. 3270W • — T1TEo1ution No. 86-174) J. Receive Feasibility Report for Valley View Road Improvements (west of Golden Triangle Drive) and set Public Hearing for August 19, 1986 I.C. 52-089 (Resolution No. 86-175) K. Receive petition for Street and Utility Improvements for Prairie View Drive and Authorize Preparation of a Feasibility Report, I.C. -5271-641kesolution No. 86-176) L. Public Safety Safe House Program M. NORMANDALE TENNIS CLUB, by Arteka, Inc. Approval of Developer's Agreement for Normandale Tennis Club. Location: Southeast quadrant of Baker Road and West 62nd Street. N. EMMA COVE ADDITION, by Robert R. Gersbach. Approval of Developer's Agreement for Emma Cove. 5.7 acres into eight single family lots and one outlot. Location: South of Baywood Lane, West of County Road #4, north and east of Duck Lake. O. CMS REGIONAL HEADQUARTERS, by Welsh Construction Corp. 2nd Reading of Ordinance #33-86, Zoning District Change from Rural to 1-2 Park; Approval of Developer's Agreement for CMS Regional Headquarters; and Adoption of Resolution #86-162, Authorizing Summary of Ordinance #33- 86, and Ordering Publication of Said Summary. Rural to 1-2 Park on 3.24 acres, and Preliminary Platting of 5.25 acres into 2 lots for construction of a 33,000 square foot building. Location: West of Executive Drive, north and east of Equitable Drive. (Ordinance #33- 86, Rezoning; Resolution #86-162, Authorizing Summary and Publication) P. Final Plat approval for Carmel 4th Addition (Resolution No. 86-178) V. PUBLIC HEARINGS A. SHADY OAK RIDGE, by Joe Ruzic. Request for Comprehensive Guide Plan Amendment from Medium Density Residential to Low Density Residential on 11.5 acres, Zoning District Change from RM-6.5 to R1-13.5 on 9.5 acres, and from RM-6.5 to Rural on 2 acres, and Preliminary Plat of 10.06 acres into 16 lots and 2 outlots for a single family development. Location: North of Rowland Road, west of Old Shady Oak Road. (Resolution #86-165, Comprehensive Guide Plan Amendment; Ordinance #38-86, Rezoning; Resolution #86-166, Preliminary Plat) B. WINDSONG, by Koosman and Rice Co. Request for Planned Unit Development Concept Review on 39.62 acres for Multiple Residential, Industrial, and Open Space land uses, Planned Unit Development District Review on 39.62 acres with Zoning District Change from Rural to RM-6.5 on 12.03 acres, and Preliminary Plat of 39.62 acres into 20 lots and 6 outlots for construction of 72 multiple family units. Location: West of Purgatory Creek, east of Chestnut Drive. (Resolution #86-163, PUO Concept; Ordinance #37-86-PUD-6-86, PUD District and Rezoning; Resolution #86-164, Preliminary Plat) Page 1646 Page 1647 Page 1650 Page 1660 Page 1662 Page 1669 Page 1675 Page 1678 Page 1690 City Council Agenda - 3 - Tues.,July 15, 1986 C. PRAIRIE COURTS, by Ronald A. Christenson. Request for Comprehensive Page 1700 Guide Plan Amendment from Office to Neighborhood Commercial on 3.7 acres, Planned Unit Development Concept Amendment on 37.19 acres, Planned Unit Development District Review on 37.19 acres with variances, Zoning District Change from Rural to Neighborhood Commercial on 3.7 acres, and Preliminary Plat of 3.7 acres into 1 lot for construction of a 32,000 square foot commercial center. Location: East of County Road #4, north and west of Wagner Way. (Resolution #86-167, Comprehensive Guide Plan Amendment; Resolution #86-168, PUD Concept Amendment; Ordinance #39-86-PUD-7-86, PUD District and Rezoning; Resolution #86-169, Preliminary Plat) D. Vacation of Snow Fence Easement on Lot 1, Block 1 and Outlot A of Page 1742 the Lee Data plat-(-jolution No. a:1771 VI. PAYMENT OF CLAIMS Page 1746 1 VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from the Firemen's Relief Association for approval of its Page 1747 amended Bylaws-Tpension benefits) VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager 1. Joint Powers Agreement - Southwest Transit Commission 2. Open Burning and Burning Permits 3. Set Special City Council Meeting for Thursday, August 21, 1986 7:00 PM at the School Administration Boardroom to discuss City Hall Space Needs C. Report of City Attorney D. Report of Director of Public Works 1. Chain of Lakes Study 2. Comprehensive Sewer Policy Plan 3. Erosion Control E. Report of Director of Community Services 1. Park and Recreation Bond Referendum XI. NEW BUSINESS XII. ADJOURNMENT. Page 1756 Page 1767 Page 1771 Page 1780 Page 1781 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 1, 1986 COUNCIL MEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE 7:30 PM, SCHOOL ADMINISTRATION BUILDING, ROOM 205 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 Frane, 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: IX. A. 1. Pid- cock - Update on League of Minnesota Cities Conference in Duluth; IX. A. 2. Pidcock - Letter from Representative Sidney Pauly; IX. A. 3. Pidcock - Letter from Diane Kearns, 6611 Duck Lake Road; IX. A. 4. Anderson - Rain Runoff from Construction Sites; IX. A. 5. Anderson - Issuance of Burning Permits. MOTION: Bentley moved, seconded by Anderson, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II. MINUTES A. Board of Review Meeting held Tuesday, June 3, 1986 MOTION: Anderson moved, seconded by Bentley, to approve the Minutes of the Board of Review Meeting held Tuesday, June 3, 1986, as published. Motion carried unanimously. B. Regular City Council Meeting held Tuesday, June 17, 1986 MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the regular City Council Meeting held Tuesday, June 17, 1986, as published. Motion carried with Pidcock abstaining. City Council Minutes -2- July 1, 1986 III. CONSENT CALENDAR A. Resolution No. 86-161, Authorizing Dispatch and Use of City Eiuipment and Services by City Manager in Emergency Situa- tions B. Resolution No. 86-143, Requesting Hennepin County to Adminis- ter CDBG Funds DesiFated for the Greater Minneapolis Day Care Association Child Care Sliding Fee Program C. Clerk's License List D. Award Contract for Water Treatment Plant Improvements, Proiect No. 52-072 E. Receive Feasibility Report for Sanitary Sewer along,Baker Road, north of St. Andrew Drive and set Public Hearing, I.C. 52-087 (Resolution No. 86-148) F. Final Plat approval for Bluffs West 5th Addition (South of Riverview Road, East of Concord Drive) Resolution No. 86-150 G. Final Plat approval for Anderson Lakes Center (NW corner of Anderson Lakes Parkway and T.H. 169) Resolution No. 86-151 H. Final Plat approval for Westover Woods alon Cumberland Drive, west of Anderson Lakes rkwayJ Resolution No. g6- 152 I. THE GARDEN, by Hakon and Karen Torjesen. 2nd Reading of Ordinance #22-85, Zoning District Change from Rural to R1-13.51 Approval of Developer's Agreement for Luknic 5th Addition (aka The Garden); and Adoption of Resolution #86-153, Authorizing Summary of Ordinance #22-85, and Ordering Publi- cation of Said Summary. 10.16 acres into 25 single family lots. Location: North of Rowland Road, West of Shady Oak Road. (Ordinance #22-85, Rezoning; Resolution #86-153, Authorizing Summary and Publication) J. WESTOVER WOODS, by Tandem Corporation. 2nd Reading of Ordinance #29-86-PUD-4-86, Zoning District Change from Rural to PUD-4-86, including the R1-13.5 and R1-9.5 Districts; - Approval of Developer's Agreement for Westover Woods; and Adoption of Resolution #86-155, Authorizing Summary of Ordi- nance #29-86-PUD-4-86 and Ordering Publication of Said Summary. PUD District Review on 15 acres and Rezoning on 11.9 acres with variances and Shoreland Management variances, into 42 single family lots and 2 outlots. Location: South of Anderson Lakes Parkway and New Cumberland Roads intersec- tion. (Ordinance #29-86-PUD-4-86, PUD District and Rezoning; Resolution #86-155, Authorizing Summary and Publication) City Council Minutes -3 - July 1, 1986 K. ANDERSON LAKES CENTER, by Anderson Lakes Center Partner- ship. 2nd Reading of Ordinance #30-86, Zoning District Change from Rural to C-Regional-Service; Approval of Devel- oper's Agreement for Anderson Lakes Center; and Adoption of Resolution #86-156, Authorizing Summary of Ordinance #30-86 and Ordering Publication of Said Summary. 4.3 acres with variances and Plat of 15 acres into 3 lots and 2 outlots for a commercial center. Location: Northwest corner of Highway #169 and Anderson Lakes Parkway. (Ordinance #30-86, Rezoning; Resolution #86 -156, Authorizing Summary and Pub- lication) L. Joint Powers Agreement Amendment - South Hennepin Human Services Council MOTION: Bentley moved, seconded by Redpath, to approve Items A-G, K and L on the Consent Calendar. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to continue Items H, I and J to a future Council meeting. Motion carried unanimously. IV. PUBLIC HEARINGS A. LAKE PARK, by the Rottlund Company, Inc. Request for Planned Unit Development Concept Amendment on 16.7 acres, Planned Unit Development District Review within the RM-6.5 zoning district on 16.7 acres, and Preliminary Plat of 16.7 acres into 102 lots for construction of 98 townhome units. Loca- tion: Southwest quadrant of County Road #4 and Timber Lakes Drive. (Resolution #86-157, PUD Concept Amendment; Ordinance #34-86-PUD-5-86, Rezoning; Resolution #86-I58, Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. William Price, engineer for proponents, addressed the pro- posal. Planning Director Enger said that this project was reviewed by the Planning Commission at their June 9, 1986 meeting at which time they recommended approval of the PUD Concept Amendment of 16.7 acres, PUD District Review and Zoning Amendment and Preliminary Plat of the acreage, subject to the recommendations in the Staff Report of June 6th. He noted that the Planning Commission also recommended that a road connection be made to the future road that will be constructed along the southern boundary of the project. City Council Minutes -4 - July 1, 1986 Director of Community Services Lambert said that the Parks, Recreation & Natural Resources Commission will review the project at its July 7, 1986 meeting. He noted that the only real issue for the Parks Commission is the road on the future park land, and that Staff has reviewed the project and recom- mends approval. Peterson asked about the smaller size of 17-1/2 feet for the garages and driveways. Bud Rotter, the proponent, explained the reasons for designing the smaller size. Pidcock asked if there were any ordinances dealing with garages that would require 20 feet rather than 17-1/2 feet. Enger said that, while the garages would be technically considered single garages, the ordinance requires only one interior space per unit. Pidcock asked about the size of the pond. Al Kramer, en- gineer for proponent, said it is about 1.4 acres. Pidcock asked if the pond will be aerated. Price said no. Pidcock then asked what means would be used to prevent it from stag- nating. Price said that they have not determined for sure that a pond can be built there because of the soil conditions, but that, if one is possible, water runoff from the project will flow towards the pond and they are also considering a pump system to augment the water runoff to the pond when necessary. A discussion of the condition of ponds in simi- lar locations followed. Peterson asked if a homeowners' association is proposed and if the association would be responsible for maintaining the pond area. Price said there will be a homeowners' associa- tion and it will be responsible for maintaining the pond. Bentley asked at what point they would know for sure that there will be a pond, should approval be given for the pro- ject tonight. Price replied that they should know before the first unit is sold. Bentley noted that in the past problems have arisen with similar projects when people buy property expecting certain things and then ultimately don't get them. Price noted that cost of the bids for the pond will determine whether the pond will be there. Bentley expressed his concern that the proponents appear to be discussing feasibility and project alterations at a time when the Council is considering rezoning approval for the project. He said that he would have to know exactly what is included in the project in order to vote in favor of it. Price said that they would accept that as a condition of approval and would therefore expect to have to return to the City Council Minutes -5 - July I, 1986 Council for approval again if, for some reason, they cannot construct the pond. Anderson asked about the technique used to construct the pond. Price explained the construction. Ed Bellerive, 8050 Timber Lake Dr., expressed his concern about the increased population causing traffic problems on Timber Lake Drive and noted that he would like to see the road to the south be built as soon as possible. He also said he was concerned about the density of population near the railroad tracks, in case of derailment or other situa- tions,and asked if there is some code violation involved in that. City Attorney Pauly noted that he was not aware of any regulations dealing with density in proximity to rail- road tracks. Enger noted that the project is set back farther from the tracks (300 feet) than is required by City ordinance. Enger noted that the traffic increase on Timber Lake Drive will be 14% more than the original volume anticipated and he said that the future southern road would help to reduce the traffic volume on Timber Lake Drive. He recommended that the developer be bound by some type of guarantee or assessment agreement so that, when the City acquires the right-of-way for the southern road, the funds would be avail- able to build it. Lambert noted that the City has received an appraisal of the parcel on the south, that negotiations should begin soon on the parcel, and that he expects the City to acquire the property before the end of the year. Ed Bellerive asked about the prices for the units. Rotter replied that the price would vary from $66,900 to $105,000. Bentley asked if the existing roadway will be made full width with a curb. Rotter said it will stay as it is and that the street was approved as is. Enger noted that the roads in the project are private roads and that the standard 25- foot roadway with curb would not be required for the exist- ing road but would be required for the roadways constructed in the current project. MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and adopt Resolution No. 86-157 for the Lake Park PhD Concept Amendment to the overall Mitchell Lake 1976 PhD on 16.7 acres. Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to adopt 1st Reading of Ordinance No. 34-86-PuD-5-86 for Rezoning. Motion carried unanimously. There were no comments from the audience. MOTION: Redpath moved, seconded by Pidcock, to close the Public Hearing and adopt 1st Reading of Ordinance No. 35-86 City Council Minutes -6- July 1, 1986 MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 86 -158 approving the Preliminary Plat of Lake Park for Rottlund Company, Inc. Motion carried unani- mously. Redpath asked why they are discussing an early grading per- mit when the Staff Report indicates there is no grading required. Enger noted that the portion of the project near the existing buildings has already been approved, and so construction could begin on those lots prior to 2nd Reading, but that Staff was not recommending an early grading permit for the remainder of the project. Anderson noted that he would like to see the proceedings of the Park Commission on this item along with an update on the progress with the southern road prior to the final plat. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Developer's Agreement incorporating the recom- mendations of Commissions and Staff. Motion carried unani- mously. B. STENEHJEM ADDITION, by Kathleen M. Stenehjem. Request for Zoning District Change from Rural to R1-13.5 with lot fron- tage variance, and Preliminary Plat of 3.34 acres into five single family lots. Location: North of Craig Drive, east of Duck Lake Road. (Ordinance #35-86, Rezoning $ Resolution #86-159, Preliminary Plat) City Manager Jullie stated that notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Kathleen Stenehjem, the proponent, addressed the proposal. Planning Director Enger said that the project was reviewed at the June 9, 1986 meeting of the Planning Commission at which time the Commission recommended approval of the re- zoning to R1-13.5 and the Preliminary Plat of 3.34 acres into five lots, subject to the recommendations of the Staff Report of June 6th. He said that the Staff Report recom- mendations included a tree inventory and a five-foot concrete sidewalk along the lot adjacent to Duck Lake Trail. In addition he said that there is a request for variance for a minimum street frontage of 55 feet for one of the lots that is coming up at the next meeting of the Board of Appeals. City Council Minutes -7 - July 1, 1986 for Rezoning from Rural to R1-13.5 on 3.34 acres with lot frontage variance subject to review by the Board of Appeals. Motion carried unanimously. MOTION: Redpath moved, seconded by Pidcock, to adopt Reso- lution No. 86-159 approving the Preliminary Plat of Steneh- jem Addition for Kathleen M. Stenehjem. MOTION: Redpath moved, seconded by Bentley, to direct Staff to prepare a Developer's Agreement incorporating the Plan- ning Commission and Staff recommendations. Motion carried unanimously. C. EIGHTEEN PARK BUSINESS CENTER, by Investment Services Group, Inc. Request for Zoning District Change from 1-5 Park to 1-2 Park on 2.85 acres with Preliminary Plat of 2.85 acres into one lot for construction of a 37,000 square foot office/ warehouse. Location: West of Washington Avenue, South of Flying Cloud Drive. (Ordinance #36-86. Rezoning; Resolu- tion #86-160, Preliminary Plat) City Manager Jullie stated that notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Tony Feffer, the proponent, addressed the proposal. Planning Director Enger said that this project was reviewed by the Planning Commission at their June 9, 1986 meeting at which time the Commission recommended approval of the Zoning District Change from I-5 Industrial Park to 1-2 Industrial Park on 2.85 acres and Preliminary Plat, subject to the re- commendations in the Staff Report of June 6th. He also noted the memo from Donald Uram, Assistant Planner, dated June 24th that clarified the issue of the Floor Area Ratio and whether a FAR variance would be required. Pidcock asked if the building would be two stories or one story. Enger explained that a 20-foot high building is con- sidered a two-story building but noted that, while the drawings of the building showed it to be 20-feet high, the actual dimensions are 19 feet high and so it is classified as a one story building. Anderson asked if runoff and siltation is a problem on that steep a grade. Enger noted that they recommend a slope of 30% or less, that slopes be sodded, and that curbing be put in the parking area along with a storm sewer to catch runoff. Anderson noted that runoff damage should be prevented on new construction in order to minimize maintenance costs to the City. City Council Minutes -8- July 1, 1986 There were no comments from the audience. MOTION: Redpath moved, seconded by Pidcock, to close the Public Hearing and adopt 1st Reading of Ordinance No. 36-86 for Rezoning from 1-5 Park to 1-2 Park on 2.85 acres. Motion carried unanimously. MOTION: Bentley moved, seconded by Pidcock, to adopt Reso- lution No. 86-160 approving the Preliminary Plat of Eighteen Park Business Center for Investment Services Group, Inc. Motion carried unanimously. MOTION: Bentley moved, seconded by Pidcock, to direct Staff to prepare a Developer's Agreement incorporating recommenda- tions of the Planning Commission and Staff. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 27969 - 28281 MOTION: Bentley moved, seconded by Anderson, to approve the Payment of Claims Nos. 27969 - 28281. Roll call vote: Anderson, Bentley, Pidcock, Redpath and Peterson voted "aye". Motion carried unanimously. VI. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Doug4as E. Reuter regarding clarification of requirements candidates must fulfill City Attorney Pauly said that, with regard to Resolution No. 79 -135, the resolution has no provisions restricting campaign contributions for City Council elections except for a period of ten days before and after the election. He further ex- plained that the resolution is not part of the City Code and so it is a policy statement only with no provision for penal- ty. He said that he intends to ask the Attorney General whether the City is guided by the census of 1980 or if the special census is to be relied on and whether the City can limit campaign contributions. He also noted that the City does not have enforcement responsibilities for the Unfair Campaign Practices Act. Bentley asked if the existing resolution contains a provi- sion that calls for a filing of campaign contributions. Pauly responded that it contains such a provision along with several others but that the resolution is directory, not mandatory. Redpath noted that he felt it would be necessary for us to require a list of contributions in the near future so why not do it now. City Council Minutes -9- July 1, 1986 Bentley asked if there was anything to preclude the Council from adopting an ordinance that would require a contribu- tion list. Pauly replied that he thought there was nothing to preclude such a requirement but that he intended to check that with the Attorney General. Peterson asked when Pauly would have an answer back from the Attorney General. Pauly said perhaps by mid-August. Doug Reuter, 8750 Black Maple Drive, noted that this ques- tion arose two years ago when he ran for City Council. He said that he filed a formal complaint with the Unfair Cam- paign Practices office at the county level because he was the only candidate to file the required filings. He fur- ther noted that his goal in asking for the cancellation of Resolution 79 -135 was to remove it since it has no teeth. Peterson responded that the Council will seriously consider the issue as soon as a decision is received from the Attor- ney General. VII. REPORTS OF ADVISORY COMMISSIONS There were no reports. VIII. APPOINTMENTS There were none. IX. REPORTS OF OFFICERS. BOARDS & COMMISSIONS A. Reports of Council Members 1. Pidcock - Update on League of Minnesota Cities Conference in Duluth Pidcock reported on some of the items of interest from the League of Minnesota Cities meetings that she and Mayor Peterson attended. Noting that there were some excellent presentations on Strategic Planning, she dis- tributed some material on the subject developed by the Government Training Service and asked the Council mem- bers for their comments and reactions to the material. Peterson said that he planned to discuss the subject with City Manager Jullie and Natalie Swaggert to see what their expertise or recommendations might be on the subject. He asked Council members to refer their com- ments on the material to Mr. Jullie. City Council Minutes -10- July 1, 1986 2. Pidcock - Letter from Representative Sidney Pauly Pidcock referred to the letter from Representative Pauly to Mayor Peterson dated June 24, 1986 that con- tained a copy of Pauly's letter to the Scott County Transportation Coalition of June 13th protesting their support of the Flying Cloud Landfill variance request. She asked that both letters be inserted in the record. (Attachment A) 3. Pidcock - Letter from Diane Kearns, 6611 Duck Lake Road Pidcock asked Director of Public Works Dietz if any- thing had been done or any conclusion reached regarding the situation described by Ms Kearns. Dietz responded that there appears to be some problem with the yard eroding and that they need to do some restoration on her property. 4. Anderson - Rain Runoff from Construction Sites Anderson commented on the recent rain runoff damage and siltation on several construction projects in the City and asked whose responsibility it is to protect our natural resources from such runoff. He expressed con- cern about the loss of top soil and filling in of ponds and lowlands because of the conditions of siltation. Bentley noted that the erosion control requirements for developers may not be adequate and then commented that it might be necessary to increase the requirements if it is feasible to do so. Anderson asked Staff to report back to the Council with some recommendations on this problem. 5. Anderson - Issuance of Burning Permits Anderson noted that the City allows burning permits in some situations but questioned whether such permits should be issued. He expressed concern about smoke con- ditions created by the burning when there are tempera- - ture inversions and about the location of fires near residential areas or, in one instance, near a child care facility. He said he feels somewhat responsible to the neighborhood and businesses in the area where the burning occurs. Bentley said that he would like to see something from Staff as to our policy for issuing burning permits and some specifies involved in a particular incident in order City Council Minutes July 1, 1986 to make a logical decision on the subject. City Manager Jullie noted that Staff should have something back by the next Council meeting. Mayor Peterson asked City Manager Jullie to commend the Public Safety Division for the high marks they received in their recent review. B. Report of City Manager 1. City Office Space City Manager Jullie reviewed his memo to the Council regarding the City Hall space needs. He noted that, of the twelve potential leasing sites reviewed by our leasing consultant, Mr. Kellogg, they recommend the list be narrowed to the six sites listed in Mr. Kellogg's letter to the Council dated June 27, 1986. Wally Daniels of Setter, Leach & Lindstrom Inc., Con- sulting Architects, reviewed the preliminary design for a new City Hall at the Mitchell Road site. Bentley asked what the estimated cost was for the build- ing. Daniels said the total project cost would be approximately $2.5 million, including everything. Bentley then asked how this would be financed. City Manager Jullie said that a portion of the amount would be taken from the General Fund surplus with the balance financed by a contract or loan to be repaid by a General Fund levy each year for five years. Jullie said the estimated cost impact is 1.1 mills over the six-year period 1987 through 1992. Bentley asked what portion of the cost would be taken out of the General Fund reserve. Jullie said $500,000 would be taken initially. Bentley then asked what the approximate cost would be to lease space during the same period of time. Jullie responded that leasing would be in the range of $250,000 - $300,000 per year. Bentley asked if we would need to have a bond referendu in order to accomplish the construction. Jullie said this plan would not require one. Bentley asked if, in Mr. Jullie's opinion, the City would be able to respon- sibly manage this type of project. Jullie replied that he believed it could. City Council Minutes -12- July 1, 1986 Bentley asked about the timetable for the project. Jullie responded that, if the Council authorizes the project soon, the design could begin and we could be in a position to award a contract in January or Feb- ruary with possible completion in the spring of 1988. Redpath noted the importance of educating the community to the need for more space since the referendum was turned down. Peterson said he believed that the Council needs to decide at this point where we are in our own process on a decision as to a building project on a specific site as opposed to leasing. Bentley noted that he believed we had established that Mitchell Road was the site. A discussion followed regarding the previous decisions on City Hall made by the Council. Bentley asked, if we decided to build the project, do we lease space in the interim or continue with the crowded conditions at the current site. Jullie said he recommended that we proceed with the building project and stay in the current building until construction is completed. Redpath said that he felt we didn't have any informa- tion regarding leasing included in the referendum and further that we didn't say what would be done until the building was completed. Bentley said he believed the information was available but that the community chose not to listen. Peterson said that he was not comfortable with settling on Mitchell Road as the building site by default and that he believed it was capricious to decide now on the Mitchell Road site. Pidcock noted that she believed Mitchell Road was men- tioned as the future site for City Hall at the time the Public Safety building was constructed. Peterson said he believed it was important to pay atten- tion to the committee process and not make a quick deci- sion on Mitchell Road and then experience a backlash of community reaction. Redpath said he agreed with the suggestion in Mr. Jullie's memo on City Hall space needs to continue the matter to the August 19th Council meeting and to encourage public input on the subject. A discussion followed regarding City Council Minutes -13- July 1, 1986 how to provide the community with adequate information on the alternatives in order for them to respond in an informed manner. Anderson noted that we should retain the process used the first time around and begin it again rather than bypassing the process and having the Council make the decision. A discussion followed regarding the process to be established for the decision on City Hall and the time involved for the process to be completed. Pidcock said that she believes the longer the process is drawn out the more expensive it becomes for every- one concerned and that she thought a deadline should be set for making a decision. Redpath said he believed it was important to publicize the alternatives available and to spell out the costs to build versus leasing costs. Peterson said he thought it was essential to go to groups of people as well as relying on newspaper coverage. Bentley suggested a series of public hearings held by the City Council to obtain input from the community, but also noted that he believed the Council will ultimately have to make a decision. MOTION: Redpath moved, seconded by Bentley, to continue this item to the next City Council meeting in order to get more specific figures on all costs involved in a building project for inclusion in a new referendum. Anderson asked if that could be done in two weeks. Jullie said that he believed positive action by the Council was what was required and, if the decision is to build rather than lease at this time, we should pro- ceed as quickly as possible. Anderson said he thought we still need to lease some- thing in the meantime if we are to get rid of the por- table space at the current site. A discussion followed as to solutions to ease the space problem while a build- ing is constructed. THE MOTION WAS WITHDRAWN BY REDPATH WITH BENTLEY'S CON- SENT. MOTION: Bentley moved, seconded by Redpath, to direct Staff to more closely explore the six alternative leasing sites and report back by August 19th and to continue this item to the August 19th meeting of the City Council. , f / (,7 67" City Council Minutes -14- July 1, 1986 Peterson asked if, in the interim, we are to encourage the media to publicize the leasing and construction cost figures and to invite comments from the community. The consensus was to publicize and invite comments. Anderson said he would also like to have some cost figures on the Gelco portaspace buildings as an alter- native to leasing. Peterson said that he would vote for the motion with the understanding of the Council that, in his opinion, this will not satisfy the process that must be followed in order to make a decision. Pidcock said that she would also like to see some figures on the taxes paid under the leasing alterna- tives. VOTE ON THE MOTION; Motion carried unanimously. Director of Community Services Lambert said that, at the Special meeting of the City Council held to discuss City Hall, he had presented a question on proceeding with the referendum for the recreation facilities and that he had been told to put it on hold until the July 1st meeting of the Council. He said that the groups had been told it was to be a spring referendum and that it requires quite a bit of time to prepare for a referen- dum. Peterson said he thought we need to make a decision on the City Hall question as a priority. Anderson said he believed that, since we had a chance at the City Hall referendum and it didn't pass, the Park & Rec. referen- dum was the next one in line. He said he didn't think it was necessarily right to hold back the Park referen- dum because City Hall didn't pass. Redpath said he believed the number one priority is still the City Hall question. Bentley noted that he didn't think there was any basis for us to be considering a referendum on City Hall at _ this time. He said he believed our options are to rent space, stay where we are, or build a building without the need for a referendum; therefore, he believed we should move forward with the Park & Rec. consideration because those needs are also very great. MOTION: Anderson moved, seconded by Bentley,:to,directi Staff to begin preparations for a referendum on the Park A Recreation needs. Motion carried:'unanimously. C. Report of City Attorney City Attorney Pauly reported on the opinion received from the Attorney General that; if a volunteer driver is driving on behalf of th“ity, the City probably would have liability for damages through negligence. HaalSO"ndted:thatHhahaa received the dedision of the court on the motion to dismiss the City's complaintagainst,John Liepke and that the court held that the defendant was not entitled tO granting the motion. He Said that the matter will now be ready for a regular trial. X. NEW BUSINESS There was none, XI. ADJOURNMENT The Council adjourned to a special session Pauly to discuss matters in litigation, Sidney J. Pauly District 42A Hennepin County Committees: Taxes, Vice Chair Local and Urban Affairs Transportation Commission on the Economic Status of Women Minnesota House of Representatives David M. Jennings. Speaker (ATTACHMENT A 0 State Office Building, St, Paul. Minnesota 55155 nenly to Office 1612) 296-7449 . 0 17450 West 78th Street Eden Prairie, Minnesota 55344 Home 16121 937-2584 June 24, 1986 Mayor Gary Peterson 9400 Creekwood Drive Eden Prairie, MN 55344 Dear Gary: I am sharing a letter with you and the Council that I wrote, and the City delivered, to the Scott County Commissioners. I previously had a most unsatisfactory conversation with Mark Stromwell, the Scott County Chair, regarding Scott County's action at the same time they were petitioning me for support for their roads. I also called Earl Gnan on the Carver County Board who promised to try to get a favorable resolution. Carver County delivered. I don't think it would hurt a thing if you and the Council were to send the Shakopee Mayor and Council a letter regarding their resolution to the Met Council. BFI's withdrawal of their variance request appears to me to be only a temporary lull in the overall battle. I am also including the latest entry in my file concerning the mafia rumors. Sincerely, Sidney Pauly State Representative Patricia Pidcock/ Dick Anderson George Bentley Paul Redpath SP/sb CC: Sidney J. Pauly District 42A Hennepin County Committees: Taxes, Vice Chair Local and Urban Affairs Transportation Commission on the Economic Status of Women Minnesota House of Representatives David M. Jennings, Speaker June 13, 1986 Scott County Transportation Coalition Attention: Mark Stromwell, Chairman P. O. Box 153 Shakopee, MN 55379 Dear Sirs: Thank you for your recent letter concerning Scott County's serious transporation problems. As a friendly neighbor, and member of the House Transportation Committee, I have taken a keen interest in helping Scott County whenever possible. For example, I was instrumental in arranging our Transportation Highway Subcommittee's visit to your Court House for a public hearing. I have consistently voted for more funding - even a gas tax - as well as State Highway signs for Valley Fair and Canterbury Downs. I am telling you this so you can understand how betrayed and disappointed I feel to have the Scott County Environmental Health Officer, as well as the County Board, voluntarily enter into an Eden Prairie dispute on the side of our multi-million dollar, Fortune 500 adversary. Browning Ferris Industries, which operates Flying Cloud Landfill, is applying for a variance so they can continue operating in spite of leaking toxic wastes working their way into groundwater beneath the Minnesota River. According to State Law, written to protect the environment, the landfill should not be permitted to expand until a clean-up or control plan is approved, a supplementary EIS approved, and permits granted. Albeit legal, the variance is a way around the normal process. The Metropolitan Council staff recommended the variance be denied. Recently BFI has been able to get in Statute an exemption from the Certificate of Need process while specifically assuring that the Louisville Landfill (which had an identical expansion timetable) was not. Mr. Frechette appeared in person and gave strong testimony before the Metropolican Council's Citizen Advisory Commission to the effect that our dump in our City should have a variance to continue operating over our objections. He even testified that the dump was well managed and clean. (How does he know? He couldn't have talked to neighbors). The Resolution from the Scott County Commissioners hurt. We didn't know it was coming and certainly did not expect to be ambushed by a neighboring County Board. Reply to 0 State Office Building. St Paul. Minnesota 55155 Office (612) 296-7449 0 17450 West 78th Street, Eden Prairie, Minnesota 55344 Home: (612) 937-2564 .01116o. - 2 - We have abundant mutual 4nterests with Scott County. We are joined by a beautiful river, an Overburdened highway, and strong economic ties. Why Scott County should jeopardize good political relations by reenforcing a huge Dallas, Texas company that is well able to take care of itself, is beyond me. Sincerely, Sidney Pauly State Representative SP:jdp cc: Scott County Commissioners: William Koniarski Anthony Worm Richard Mertz John Casey State Senator Robert J. Schmitz State Senator Don Storm State Representative Chuck Dimler Carver County Commissioner Earl Gnan State Representative Doug Carlson /(a / MEMORANDUM Mayor and City Council Parks, Recreation and Natural Resources Commission Carl Jullie, City Manager Bob Lambert, Director of Community Services ---r-.04-• July 1, 1986 Homeward Hills Park Improvements In 1984 the City began development of Homeward Hills Park. The majority of the 37 acre park consists of low, wet soils; however, there were two high sandy hills located under the NSP easement. These hills were cut down and the sandy soil was spread over the bog area to provide active use play fields. There was very little topsoil available and the growth of the sod has taken two years and is still only considered in marginal condition. In 1985 a playground structure was constructed, a backstop was installed on the softball field and class V was placed on a portion of the parking lot that had stablized. The Park and Open Space Capital Improvement scheduled paving the parking lot and installing the multli-use court and two tennis courts at Homeward Park during the summer of 1986. City staff requests authorization to advertise for bids for the construction of the two tennis courts and the multi-use court at this location. The estimated cost for this project is $30,000, payments to be made from cash park fees. Approximately one-third of the park road system has been surcharged and is still settling after two years. Staff proposes to complete the paving of the parking lot serving the softball field and the parking lot serving the southern portion of the park this summer. Completion of the remaining portion of the park road and parking lot will have to be delayed until 1987. A request to construct a warming house/park shelter, hockey rink and skating area, scheduled for 1987, will be forth coming later this year. BL:md TO: THRU: FROM: DATE: SUBJECT: TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: David L. Olson, Senior Engineering Technician Qxco. DATE: July 8, 1986 SUBJECT: CERTIFICATE OF CORRECTION TO PLAT OF CEDAR HILLS WEST The plat of Cedar Bills,Westivas approved by the city council on November 13, 1980, and recorded with Hennepin :::County .shortly thereafter.' An error in the legal description on the plat has since been discovered and the attached Certificate of Correction, which further: explains the error, has —therefore been submitted by the .'.surveyorr. The'attion'reguested by the City Council ls authorization for the Mayor, and. Manager to signthecertificate. " DLO:sg Registere Lic. No 10938 State of Minnesota The above Certificate of Correction to the plat of CEDAR HILLS LAW SURVEYORS CERTIFICATE OF CORRECTION TO PLAT Name of Plat: CEDAR HILLS WEST Pursuant to the provisions of Chapter 505.174 Laws of Minnesota, 1957 Paul A. Johnson , the undersigned, a Registered Land Surveyor in and for the State of Minnesota, declares as follows: 1. That I prepared the plat of CEDAR HILLS WEST dated November 13, 1980 and filed on November 13, 1980 in the office of County Recorder Hennepin County, Minnesota, Document No. 4640425 of Plats. _ 2. That said plat contains errors, omissions, or defects in the following particulars, to-wit: a 'part of the_second line of the:property description read as follows: :"...and also that part of the -Northwest Quarter of the Southeast Quarter of said Section 29, Township 16, Range 22i.r." 3. That said plat is hereby corrected inthefollowing.particularS, to-wit: Township 16 should be changed to Township 116; - Dated June 27, 1986 WEST has been approved by the at a regular meeting of the City Council City of Eden Prairie Minnesota held on the day of , 1986 . Mayor City Manager CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO, 86-170 A RESOLUTION APPROVING FINAL PLAT OF MOUNT CURVE ADDITION WHEREAS, the plat of Mount Curve 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 Mount Curve Addition .is approved upon compliance with the recommendation of the City Engineer's report on this plat dated July 9, 1986. B. That the City Clerk is hereby directed to supply z 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 July 15, 1986. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, Clerk TO: THROUGH: FROM: DATE: SUBJECT: PROPOSAL: HISTORY: ITY 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 Z) Jeffrey Johnson, Engineering Technician The developer, Mount Curve Developers, has requested City Council approval of the final plat of Mount Curve Addition, a townhouse development located west of Franlo Road and south of Mount Curve Road in the North 1/2 of Section 25. The plat contains 7 townhouse lots, 1 common area lot and 1 lot encompassing the existing maintenance building for Olympic Hills Golf Course, for a total area of 2.88 acres. The preliminary plat was approved by the City Council July 16, 1985, per Resolution 85-170. July 9, 1986 MOUNT CURVE ADDITION Zoning to RM-6.5 was finally read and approved by the City Council June 17, 1986, per Ordinance 25-85. The Developer's Agreement referred to within this report was executed June 17, 1986. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: Sanitary sewer, water main and storm sewer have not been extended into this property; therefore, it will be necessary to bring those utilities in from Frani() Road. Because this plat drains to a landlocked pond on the east side of Frani° Road, it was determined an outlet for this pond be provided in conjunction with this plat. An agreement between the developer and the City providing for this outlet has been established. Page 2, Final Plat Mount Curve Addition 7/9/86 All utilities (except storm sewer), streets and drives will be privately owned and maintained. Prior to release of final plat, a covenant defining maintenance responsibilities for utilities and streets shall be provided to the City. A drainage and utility easement over all of Lot 8, as shown on the plat, is not acceptable and the plat should be revised to show easements over lot boundaries and storm sewer alignment as required by City Codes. In 1976, this property was partially assessed for lateral sewer and water benefits, trunk assessments and street improvement assessments, based on the parcel not being fully utilized. Now that full utilization of the parcel is proposed, total assessments are due in the amount of $22,000. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. BONDING: The requirements for bonding shall conform to City Code and Developer's agreement requirements. RECOMMENDATION: Recommend approval of the final plat of Mount Curve Addition •subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street lighting fee of $870. 2. Receipt of engineering fee of $280. 3. Revision of drainage and utility easements. 4. Receipt of covenants covering maintenance of utilities and streets. 5. Satisfaction of bonding requirements. 6. Subject to additional assessments of $22,000. JJ:sg cc: Mount Curve Developers Hanson, Thorp Pellinen & Olson, Inc. /o 7 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 July 15, 1986. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO 86-171 A RESOLUTION APPROVING FINAL PLAT OF EDENVALE EXECUTIVE CENTER THREE WHEREAS, the plat of Edenvale Executive Center Three 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 Edenvale Executive Center Three is approved upon compliance with the recommendation of the City Engineer's report on this plat dated July 9, 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. CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT HISTORY: VARIANCES: Mayor Peterson and City Council Members Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works Jeffrey Johnson, Engineering Technician c July 9, 1986 EDENVALE EXECUTIVE CENTER THREE C.M.S. ReTiiiiTir Headquarters) The developer, Welsh Construction Corporation, has requested City Council approval of the final plat of Edenvale Executive Center Three, an industrial plat located south of Valley View Road and east of Equitable Drive in the South 1/2 of Section 10. The plat consists of two lots totaling 5.25 acres. The preliminary plat was approved by City Council June 17, 1986, per Resolution 86-137, as C.M.S. Regional Headquarters. Zoning to 1-2 Park, per Ordinance 33-86, is scheduled for City Council review July 15, 1986, The Developer's Agreement referred to within this report is scheduled for execution July 15, 1986. All variance requests must be processed through the Board of Appeals. TO: THROUGH: FROM: DATE: SUBJECT: PROPOSAL: UTILITIES AND STREETS: All municipal utilities and streets necessary to serve this plat have been installed. An access easement for the common driveway between lots 1 & 2 must be provided prior to release of the final plat. PARK DEDICATION: The requirements for bonding shall conform to City Code and the Developer's Agreement. RECOMMENDATION. Recommend approval of the final plat of Edenvale Executive Center Three subject to the requirements of this report, the Developer's Agreement and the following: Page 2, Final Plat Edenvale Executive Center Three 7/9/86 1. Receipt of engineering fee of $525. 2. Receipt of copy of easement agreement for access driveway. 3. Satisfaction of bonding requirements. JJ:sg cc: Welsh Construction Corp. Ron Krueger & Assoc. via CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-172 A RESOLUTION APPROVING FINAL PLAT OF COACHMANS LANDING FOURTH ADDITION WHEREAS, the plat of Coachmans Landing Fourth Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance 'Cede 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 CoaChmans Landing Fourth Addition is approved :upon compliance with the recommendation of the City Engineer's report on this plat dated July 7, 1986.. B. Variance is herein granted from City Code IMO ubt:1: 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 July 15, 1986. ATTEST John D. Frane, Clerk ITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT HISTORY: VARIANCES: Mayor Peterson and City Council Members Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works David L. Olson, Senior Engineering Technician 04112 July 7, 1986 COACHMANS LANDING FOURTH ADDITION The Developer, Butler Homes, has requested City Council approval of the final plat of Coachmans Landing Fourth Addition. This proposal is a replat of Outlots from Coachmans Landing Second and Third Additions and is located in the South 1/2 of Section 16. The plat contains 9.7 acres to be divided into 12 lots and 1 outlot. Outlot A, containing 5.1 acres will be replatted at a later date with ownership to be retained by the Developer. The preliminary plat (known as Pheasant Oaks) was approved by the City Council on April 18, 1978, per Resolution 78-57. Zoning to RI-13.5 was finally read and approved by the City Council on June 7, 1978, per Ordinance 78-17. The Developer's Agreement referred to within this report was executed on June 28, 1978. The final plat now submitted for approval conforms with the approved preliminary plat. 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. TO: THROUGH: FROM: DATE: SUBJECT: PROPOSAL: PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. Page 2, Final Plat Coachmans Landing Fourth Addition 7/7/86 UTILITIES AND STREETS: All utilities, streets and walkways necessary to serve this addition will be installed by the Developer in conformance with City Standards. BONDING: Bonding shall conform to City Code requirements. RECOMMENDATION: Recommend approval of the final plat of toacbmans Landing Fourth Addition Subject to the requirements of this repOrt the Developer's Agreement and the following: I. Street lighting, street sign and engineering fees have been paid. 2. Satisfaction of bonding requirement. DLO:sg • cc: Mr. George Butler Jeff Lindgren John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 86-173 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. 52-079, Paving Improvements for Crestwood Terrace between CSAH land Dell Road 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 August_ 19, 1986, at 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 July 15, 1986. Gary D. Peterson, Mayor ATTEST: SEAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 86-174 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. 52-096, Street and Utility Improvements for Bluffs East 4th Addition and Vicinity (South of CSAH 1 and CSAH 18) 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 August 19, 1986, at 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 July 15, 1986. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane y City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 86-175 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. 52-089, Valley View Road Improvements (West of Golden Triangle Drive) 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 August 19, 1986, at 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 July 15, 1986. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk CITY OF EDEN PRAIRIE 'HENNEPIN COUNTY, MINNESOTA RESOLUTION 86-176 RESOLUTION RECEIVING PETITION AND "ORDERING FEASIBILITY REPORT WHEREAS., a petition has been received-And,it is proposed to make the following improvements: I.C. 52t104, Street and Utility Improvements for Prairie View Drive and assess the benefitted property for all or a portion of the cost improvements, pUrtUant to M.S.A. 429.011 to 429...111." NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study with the assittanCe'OVRCM, Inc., and that a feasibility report shall be prepared and :'-presented to: the City Council with all convenient speed: dvising the Council in a preliminary way at to the scope-, cost assetsmentancifeasibility pf the proposed improvements.- ADOPTED by the'lden Prairie City Council on 'July 15, 1986. Names and addier:scs of Petitioners la7.2°L.sporg of leenid) CITY OF EDEN PRAIRIE, MINNESOTA 1X % PETITION FOR LOCAL lMPNOVEmflITS (Feasibility study Only) TO THE EDEN PRAIRIE CITY COUNCIL: The undersigned are all the fee owners of the real prOperty desciihed below and herein petition for the Eden Prairie City Council to loneeed with making the following described improvements: 7 Sanitary Sewer • Eatermain • Storm Sewer • Street Paving Other (General Location) V te(-4-1 • • Pursuant to E.S.A. 429.031, Subd. 3, the undeisioned heieby waive any public hearing to he held on said improvements, and further state and agtee that the total cost of said improvements shall be specially as- sessed against the property described below in accordance with the City's special assessment policies. We further understand that iho $111 preliminary, estimated total cost for the said improvements is Street Address or other Lecial Description of Property to he Served j_220 \NAr 2,22-e/ Le: F PaZI:Le (/(44 ,4) 001 7:28a 9AOLLA-41-t- :72 I I I 11284 ?r&tric ViQio brig. .e _72255 (For City Use) 1/4 Date Roccived Z/986 47-TY Project No. Council Consideration . _ Street Address or other Legal Description of Property to be Served • z/ Names and addresses of Fvtitioners - Mgl_.be5rlr 7Ar9-- (For City Use) Date Received . Project No. St-ny_ Council consideration .trAIA06_ /6,19 CITY OF EDEN PRAIRIE, MINNESOTA lODIL PETITION FOR LOCAL IMPROVEMFNTS (Feasibility study only) TO THE EDEN PRAIRIE CITY COUNCIL: The undersigned are All the fee owners of the real property desciihed below and herein petition for the Eden Prairie City Council to p)oreed with making the following described improvements: (General Location) Sanitary Sewer ;e (Hatermain Storm Sewer Street Paving Other • Pursuant to N.S.A. 429.031, Subd. 3, the undersigned hereby waive any public hearing to be held on said improvements, and further state and agree that the total cost of said improvements shall be specially as- sessed against the property described below in accordance with the City's special assessment policies. We further understand that the preliminary, estimated total cost for the said improvements fs_. MEMORANDUM TO: THROUGH: FROM: SUBJECT: DATE: Mayor and City Council City Manager Carl J. Jullie Assistant to the City Manager Craig Dawsont Safe House Program July 10, 1986 (1) On July 1, 1986 staff distributed a Memorandum (attached) t o t h e City Council which summarized thelftGruff Safe House Progra m proposed by Public Safety Department staff..,as A new componentqf its crime prevention program. One issue Which heeded furthe r clarification was the City's potential liability in sponsori n g a program where children can find refuge inJheliOme of anothe r family. If a child isrhurt in someone else's house, this liability would be covered by the residential liability insurance required of the volunteers. If 'a :chilclWere: to be abused or molested in the house, the City may be named as a liable party. " The City Attorney's Office believes, noweveri,that if the Cit y were to make a good faith background check of program volunt e e r s , the City's efforts should be deemed reasonable and thus mini m i z e or remove the City's exposure. Having the -Program will not increase the City's liability insurance premiums. Materials describing the McGruff Safe House Program are attac h e d . Recommendation: It is recommended that the City Council authorize implementation of the McGruff Safe House Program . CWD:jdp Attachments MEMORANDUM TO: Mayor and City Council THROUGH: City Manager Carl J. Jullie FROM: Assistant to the City Manager Craig Dawson Crime Prevention Specialist Molly Koivumaki SUBJECT: Information regarding McGruff Safe House Program DATE: July 1, 1986 The Eden Prairie Public Safety 'Department wishes to expand its crime prevention and public safety efforts by establishing a *Gruff Safe House program. Community contacts are being made to gauge interest in the - program. Insurance and liability issues are:also being explored. A full report will be made to theCity: Council at its July 15, 1986 meeting' So that the Council can decide Whether the City should be Providing this service. A Safe House is a safe refuge for children who are on the streets away from their homes. "Safety Neighbors" are expected to tall the police if children are in emergency situations or are subjects of possible crimes.. They will also be responsible for filing an incident report withthe Public Safety Department. Children will be encouraged to go to , Safe Houses when _ such situations may occur. Safety neighbors will be volunteers, subject to police background checks, and required to have residential accident Insurance in order to participate in the program. The Eden Prairie Crime Prevention Fund would cover the nominal cost associated with supplies for the McGruff Safe House program. ("McGruff" refers to the cartoon dog which is used in crime prevention education materials.) This type of program has been used with success in other metropolitan communities. CWD:MK:jdp MOGPUFF SAFE HOUSE Each neighborhood will designate at least one home on each block where buses pick up children as a McGruff Safe House. A McGruff Safe House sign will be displayed prominently in the window of this 11)1w, and the resident (the McGruff Safety Neighbor) will be on call whenever children are on the street, particularly before and after school. (The Safe House signs remain the property of the Men Prairie Crime Prevention Fund.) HOW CAN YOU HOST A MOGRUFF SAFE HOUSE? A licGruff Safe House sign will be issued to a person designated a Safety Neighbor who fulfills the following criteria: is responsible and of good moral character; 18 years of age or older; not convicted of any violations of law except for minor traffic offenses; voluntarily submits to a law enforcement records check, and is approved by an independent reference check. WHAT WILL A SAFE HOUSE PPENTDE? The Safety House will provide a safe refuge to children who are on the street away from their brines. Safety Neighbors are expected to call the police (9-1-1) if any of the following situations occur: - A child is molested. - A child is frightened or approached by a stranger. - A child has witnessed an indecent exposure. - A child is bitten by an animal. (If possible, the Safety Neighbor should make a description of the animal and its whereabouts. If it is a dorrestic animal, try to find out who the owner is.) - A child is lost. - A child is enticed or coerced into an automobile. Child abductions are often planned to look quite innocent, so do not hesitate to report anything that you think may be an abduction. Describe the vehicle and its occupants when calling the police department, and get the license plate number if possible. In addition, a Safety Neighbor is responsible for filing an incident report with the Fden Prairie Public Safety Department. A Safety Neighbor is also responsible for notifying the sponsoring group when he or she can no longer participate in the MeGruff Safe House_program, or if the window sign is stolen or misplaced. Signs will be numbelorby the Prim Prairie Crime Prevention Fund when they are given out. The signs can be replaced, and new numbers issued, but misplaced or stolen signs could be used to accomplish exactly what the mcGruff Safe House program is trying to prevent. Safety House signs will be placed in a window of the Safe House that is visable from the street. Public Safety officials and the Safe House program sponsors reserve the right to reclaim a sign at their discretion. -1- Civil Liability: Each Safety Neighbor is also required to have residential accident insurance in order to participate in the program. Personal negligence on the part of any participant in the MCGruff Safe House program could result in formal legal action. WHAT SHOULD A SAFETY NEIGHBOR NOT DO FOR CHILDREN? While a Safety Neighbor is responsible for any child while he or she is in the Safe HOuse, the key word in the program is "emergency". Therefore, certain rules must be observed to prevent misuse of a Safe House. The Safety Neighbor should not: - Allow the home's toilet facilities to be used. (This is not the type of emergency for which this program is designed.) - Provide food or beverages to a child. - Administer first aid except in extreme situations. - Transport any child in a vehicle. AMcGruff Safe House program is most effective when it is a cooperative effort among the key adults in a child's life. Therefore, school officials, law enforcement and parents all play important roles. THE ROLE OF THE scam The school administration may make time available for a law enforcement official or a Crime Prevention Fund representative to explain the McGruff Safe House program during a series of classroom visits. Teachers will instruct their students to recognize the McCruff Safe House signs and will stress to the children that the keyword in this program is "emergency". THE ROLE OF LAW ENFORCEMENT The Public Safety office will provide staff members to help instruct the children, and will fully cooperate when Safety Neighbors call to report an energency. THE PARENT'S ROLE Parents should prepare their children to travel to and from school safely as well as reinforce'the lessons the children will learn from other participants in the MCGruff Safe House program. Parents should walk their children's route to and from school with them, and the blocks surrounding their street, and point out the Safe House locations, and other good places to go in an emergency. These places would include' a store, police station, or a particular neighbor. The parent should also point out the places children are to avoid, including deserted buildings, public restrooms, recessed doorways and other potentially harmful areas. -2- . ,P Children riding buses should be made aware of NtGruff Safe Houses near their pick-up points and on their route home. This walk should be used as an opportunity to discuss all aspects of crime prevention with the children; they should know that being alert, aware and prepared is not the same as being frightened or careless. Parents should also teach their Children: - their full name and address, including city and state. - their full telephone number, including the area code. - how to use the telephone, both push botton and dial models, to make local calls, long distance calls, and emergency calls, and how to reach the operator. - to walk and play with a friend or in a group. - that a stranger is someone you don't know at all, or don't know well. - that if they are being followed by a car or on foot, they should run to the nearest "Safe House", public place or neighlx)r. - that no adults have authority over than simply because they are bigger. Strangers often use enticements, asking children to help them find a lost puppy, or offering to pay for a video game, or asking children to take a walk to "show" them something. Children should be taught that, while it is very unusual for an adult to ask a child for directions, or offer to give than presents, there are many adults that children can trust and ask for help. If children arrive home safely fram school, but their home is empty until their parents return, they should also know: - the phone numbers of their parents' places of work and that of a trusted neighbor, as well as the emergency numbers mentioned earlier. - to check in with a parent of a neighbor when the children are safely in the house with the doors locked. - how to work the home's door and window locks. - what the family procedure is for answering the door and telephone when a parent is not hare. - how to get out of the home quickly in case of fire. Finally, parents should stress that they want to be told whenever anything happens to the children that makes them feel strange c "funny" in anyway. Parents cannot be with their children at all times, and children can play a great part in keeping themselves safe by always telling their parents when sanething is said or done that makes them feel uncomfortable. The discussions that ensue will help make children less vulnerable, and less unnecessarily fearful. -3- Name Address City State Telephone Date of Birth Pace and Sex Please return to: Molly Koivumaki Eden Prairie Public Safety 7900 Mitchell Road Eden Prairie, MN 55344 Zip MCGRUFF SAFE HOUSE LAW DIFORONENT HEOORDS 01117 APPLICATION (Please enter First, Middle, Maiden, and Last names) , desire to participate in the ?Gruff Safety Program as a McGruff Safety Neighbor. I hereby give my permission for a law enforcement records check to be performed in accordance with the application. Signed, McGruff Safe House Volunteer Questionnaire PERSNAL DATA DATE Last Name First Name Middle Initial Social Security it First Name Middle Initial Social Security # .street moress city State Zip Home Phone It Previous Address How long resided at this address? How long resided at current address? Home is: Owned Rented uccupation(s) Spouse's :Place of employment Canpany Address City State Zip is there an adult home during the day Yes No Mbther Father Other Cliildren and other person living in your home Name Birthdate Relationship Occupation Place of employment* Name Birthdate Relationship Occupation Place of emplcyment w Name Birthdate Relationship Occupation Place of employment* Name Birthdate Relationship Occupation Place of employment * *If student under age 18, list school and/or occupation pi i EDEN PRAIRIE CRIME PREVENTION RUMD m . I / Briefly describe why you would like to be a McGruff Safety Neighbor. Do you have personal accident liability insurance on your home"' If rental, does your landlord have such insurance? Are there any nental or serious chronic physical illnesses in your innediate family? If so, state kind: References: (One should be a next door neighbor) Name Address Phone Name Address Phone Name Address Phone Please return to: Signature Eden Prairie Public Safety 7900 Mitchell Road Eden Prairie, MN 55344 Date All information on this form is private pursuant to Minnesota Statute MS.15.1673 et seg. McGRUFF SAFE HOUSE NEIGHBOR INTERVIEW COMMITTEE MEMBER DATE: REVIEWED BY: REFERENCE: NAME: ADDRESS: PHONE NO.: APPLICANT: NAME: ADDRESS: PHONE NO.: has applied to be a McGruff Safety Neighbor. (A person on the block to whom children can go to in case of an emergency.) Do you have any comments on that? How long have you known . ? Applicant's Name How well do you know Applicnat s Name Do you have children? Yes No (If yes) Would you feel comfortable if your children were to use in an emergency? Applicant's Name (If no) If you had children, would you be comfortable? Child's Nam thud's Address Nabire of the incident - What happened to wake the child seek cut your help? Statre did the ircident maw and idiot sass the agar/ciente time? What action did you take? So you hese arty somestian of how we may wake the /4:Gruff Safe lime project wark better? Your nice Your address Your te.lephcne raater Normandale Tennis Club DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1986, by Normandale Tennis Clubs, 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 site plan review within the C- Commercial Zoning District Amendment for 9.73 acres for a tennis club, 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, City and Developer covenant and agree as follows: 1. Developer shall develop the property in conformance with the materials revised and dated June 18, 1986, reviewed and approved by the City Council on January 7, 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 shall submit to the City Engineer, and receive the City Engineer's approval of plans for sanitary sewer, water, storm water run-off, and erosion control for the property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 4. Prior to issuance of any building permit upon the property, Developer shall submit to the Director of Planning, and receive the Director's approval of: A. Buildingmaterials samples, including color ranges. B. Detailed plans indicating exterior lighting for the site. C. Detailed plans indicating signage for the property. D. Modified landscape plans providing for 767 caliper inches of trees per Chapter 11 Of the City Code and 154 caliper inches: for tree replacement for trees to be reMovedractording :lb the grading plan, at depicted in Exhibit B. Upon approval by the Director of Planning,- Developer agrees to construct, Or cause - to be constructed those materials and imprOVeMents listed above in said samples and :plans, as approved by the Director of Planning, 5. Developer - agrees to subMit'a:bond in the amount of 150% of the cost for screening:all mechanical units at theiriOrAO'itsuante of any• building permit for the ..:'..proOertY. Prior to issuance : Of any occupancy 00mit.' for the property, Developer agrees toscreen all mechanical equipment which 151 visible from differing, adjacent land uses and public rOadt ..-H 6. Developer agrees that, should any parking shortages occur, Developer shall provide additional !paces on the property to accommodate the increased parking demand under the conditions described in the letter from Developer attached hereto as Exhibit D, and made A part hereof. 7. Developer shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. Emma Cove DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1986, by Robert Gersbach, an individual, 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 Preliminary Plat of 5.7 acres into eight lots and one outlot for development of single family residential units, 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 Resolution #86-126, 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 June 3, 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 release of the final plat by the City, Developer agrees to submit to the City and receive the City's approval of documentation which shows that Developer has clear title for platting purposes to that portion of County Road #4 which has been abandoned and for the easement to the east, abutting into the current County Road #4 right-of-way, in the locations as depicted on Exhibit 0, attached hereto, and made a part hereof. 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. 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 Watershe&District 48 hours, prior to any grading, tree removal, Or tree cuttihgon the property. 6. Prior to issuance of any permit for grading hpOn the property, Developer agrees to Implement erosion control measures and adequatt protective i measures for areas to be -preserved -,: and areas:where grading is not th, occur, and to receiVeCity4p0roval of said measuret. Prior i to approval by the City, the Developer must tall for on-site inspection of the prdOertYbyrthe 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 byrthe'titYprior ,:to issuanceof:the grading permit by the City. ApPrOVillof.materials and workmanthivaiay be subject to such conditihns as the City may impose at the time of acceptance. 7. Developer agrees to confine grading to that area of the property within the construction limits as shown on Exhibit B. Developer shall place snow fencing at the construction limits prior to any grading upon the property. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. 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. Jullie, the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public ROBERT GERSBACH STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day 0 , 1986, by Robert Gersbach, an individual. Notary Public gdpi ( 'Obit A Legal Description That part of Government Lot 6, Section 5, Township . _116. -North • Range 22. West of the 5th Principal Meridinn., lying South- a n d E a e t . of Duck Lake Estates and -West of Bay•Drive. and That part of said Government Lot 6-and unnamed Streetas•sho w n in Dec. No 6l739l, lying east of BAY -D.rlye. west of County Road No 4, south of Baywood Lane and north of the Chicago, Minnea p o l i s a n d St- Paul railroad. and That part of Bay Drive lying south of the easterly exte n s i o n o f the south line of Out lot C. said Duck Luke Estates, and n o r t h - o f the Chicago. Minneapolis and St. Paul railroad. Emma Cove OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN ROBERT GERSBACH AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1986, by and between Nina Seery, an individual, 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 Resolution #86-126 approving the preliminary platting of the property owned by Owner, as more fully described in that certain Developer's Agreement entered into as of 1986, by and between Robert Gersbach and City, Owner agree with the City as follows: 1. This Agreement shall be binding upon and enforceable against Owner, their successors, heirs, and assigns of the property. 2. If the Owner transfers such property, owner shall obtain an agreement from the transferree requiring that such transferee agree to the terms of the Developer's Agreement. NINA SEERY STATE OF MINNESOTA )ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1986, by Nina Seery, an individual. Notary Public Erma Cove: OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN ROBERT GERSBACH AND THE CITY OF EDEN PRAIRIE 1986, by THIS AGREEMENT, made and entered into as of and between Vernon and Joann Seck, husband and wife, hereinafter refer r e d "Owners," and the City Of Eden Prairie, hereinafter referred to as "City: " For and in consideration Of„ and to induce, City to adopt Resolution #8 6 - 1 2 6 Approving the preliminary platting ofthe property Owned by Owners, a s m o r e f u l l y . described in that certain Developer's Agreement :entered into as of , 1986, by and between Robert Gersbach and City, Owners agree 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 transfereOgree - to the terms of the Developer's Agreement. VERNON SECK DUCK LAKE ESTATES HOMEOWNERS ASSOCIATION By Its STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1986, by the of the Emma Cove OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN ROBERT GERSBACH AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1986, by and between the Duck Lake Estates Homeowners Association, hereinafter referred to as "Owners," and the City of Eden Prairie, hereinafter referred to as "City:" For and in consideration of, and to induce, City to adopt Resolution #86-126 approving the preliminary platting of the property owned by Owners as more fully described in that certain Developer's Agreement entered into as of , 1986, by and between Robert Gersbach and City, Owners agree 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. CMS Regional Headquarters CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 33-86 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 1-2 Park 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 1-2 Park 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 , entered into between Welsh Companies, Inc., a Minnesota corporation, and the City of Eden Prairie, and that certain Owner's Supplement to Developer's Agreement, between Equitable Life Assurance Society of the United States, a Delaware corporation, and the City of Eden Prairie, dated as of July 8, 1986, 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 17th day of June, 1986, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 15th day of July, 1986. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of Legal Description That part of Outlot A, Edenvale Executive Center, acc o r d i n g t o t h e recorded plat thereof, Hennepin County, Minnesota lyi n g e a s t e r l y o f t h e • following described line: Beginning at a point on t h e n o r t h l i n e o f said Outlot A distant 288.53 feet westerly of the nor t h e a s t c o r n e r o f said Outlot A; thence south 2 degrees 17 minutes 26 s e c o n d i W e s t : Parallel with the east line ofsaidOutlot A a distan c e o f 322.00 feet; thence south 31 degrees 39 seconds west to the southw e s t e r l y l i n e o f said Outlot A and there terminating. 100 CMS Headquarters DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1986, by Welsh Companies, 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 Zoning District Change from the Rural District to the 1-2 Park District 3.25 acres for construction of a regional headquarters building for office/warehouse purposes, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the property;" NOW, THEREFORE, in consideration of the City adopting Ordinance #33-86, 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 June 11, 1986, reviewed and approved by the City Council on June 17, 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 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. l O g 4. Developer shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree tutting on the property. 5. 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 the signage on the property. B. Detailed plans for lighting on the property. C. Samples of the exterior building materials to be used on the property. D. A revised site plan which indicates A reduction in the building expansion area designed to meet the maximum Floor Area Ratio requirement of 30%, And which 'indicates a reconfigured radius into the parking lot area, as depicted in Exhibit B, attached hereto, to allow -for •eMergency vehicle access. E. A revised landscape plan which provides for additional large coniferous plantings, a minimum of eight feet in height, along the rear property line and which provides for planting islands to help screen the loading areasjrom,Adjacent properties. Upon approval by the Director of Planning, Developer agrees to construct, or implement, or cause to be constructed or implemented, those improvements and materials listed above in said plans and samples, as approved by the Director of Planning. Gary D. Peterson, Mayor CMS Regional Headquarters CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-162 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 33-86 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 33-86 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 15th day of July, 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. 33-86,-.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. 33-86 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 July 15, 1986. ATTEST: John D. Frane, City Clerk /03 (A full copy of the text of this Ordinance is available from the City Clerk.) /VW CMS Regional Headquarters CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 33-86 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE 'CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF 'EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This .Ordinance allows rezoning of land located west of Executive Drive, north and east of Equitable Drive, 'known As CMS Regional Headquarters, from the Rural District to the 1-2 Park District, subject to the terms and conditions of .a developer'S.agreement. Exhibit A, included With .this Ordinance,: gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1 986 . SEAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-178 A RESOLUTION APPROVING FINAL PLAT OF CARMEL FOURTH ADDITION WHEREAS, the plat of Carmel Fourth Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY" OF EDEN PRAIRIE: A. Plat approval request for Carmel Fourth Addilioii is approved' upon compliance with the recommendation of the City Engineer's report on this plat dated July 9, 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 July 15, 1986. Gary D. Peterson, Mayor ATTEST John D. Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: THROUGH: FROM: DATE: SUBJECT: PROPOSAL: Mayor Peterson and City Council Members Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works David L. Olson, Senior Engineering Technician July 9, 1986 CARMEL FOURTH ADDITION gi?cd) The developer, Hans Hagen Homes, Inc., has requested City Council approval of the final plat of Carmel Fourth Addition. The plat contains 12 single family residential lots on approximately 6.2 acres and is located north of Carmel Third Addition in the North 1/2 of Section 2. HISTORY: PUD concept approval was granted by the City Council on January 3, 1984, per Resolution 84-02. The preliminary plat was approved by the City Council on January 3, 1984, per Resolution 84-03. Zoning to 111 -13.5 was finally read and approved by the Council on March 6, 1984, per Ordinance 1-84. The Developer's Agreement, Owner's Supplement to Developer's Agreement and a Park Agreement, referred to within this report, were executed by the City and Developer on March 6, 1984. VARIANCES: A variance from the requirements of City Code 12.20, Subd. 2.A, waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat will be necessary. Setback variances will be allowed through Item 8 of the Developer's Agreement. All other variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: Municipal utilities and streets will be installed throughout the addition by the Developer in conformance with City Standards. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement and Park Agreement. 0(0 Bonding will conform to the requirements of the Developer's Agreement. BONDING: RECOMMENDATION: Page 2, Final Plat Carmel Fourth Addition 7/9/86 Recommend approval of the final plat of Carmel Fourth Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street sign fee in the amount of $185. 2. Receipt of street lighting fee in the amount of $1331. 3. Receipt of engineering fee in the amount of $408. 4. Satisfaction of bonding requirements. DLO:sg cc: Mr. Hans Hagen 101 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #86-166 RESOLUTION APPROVING THE PRELIMINARY PLAT OF SHADY OAK RIDGE FOR JOE RUZIC BE IT RESOLVED, by the-EdenHPrairie City Council as follows: That the preliminary plat of Shady Oak Ridge for Joe Ruzic, ,dated May 28, 1986, consisting of 10.06 acres into-: 16 lots and 2 outlots::.for a single family development, a copy of whichAs- on file at the city Hall, is found to be in conformance with the provisions ofthe Ederi'Prairie toning and Platting ordinances, and amendments thereto, and:At herein approved. ADOPTED by the Eden Prairie-City Council on the 15th day of July, 1986. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-165 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 Joe Ruzic for development of Shady Oak Ridge, for Low Density Residential use requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eden Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: approximately 11.5 acres located north of Rowland Road, west of Old Shady Oak Road, be modified from . Medium Density Residential to Low Density Residential. ADOPTED by the City Council of Eden Prairie this 15th day of July, 1986. Gary D. Peterson, Mayor ATTEST: STAFF REPORT TO: FROM: 'THROUGH: DATE: PROJECT: LOCATION: Planning Commission Michael D. Franzen, Senior Planner Chris Enger, Director of Planning June 20, 1986 Shady Oak Ridge Northwest quadrant of the intersection of Old Shady Oak Road and Rowland Road. APPLICANT/ FEE OWNER: Joe Ruzic REQUEST: 1. Comprehensive Guide Plan Amendment from Medium Density Residential to Low Density Residential on 10.06 acres. 2. Zoning District Change from RM-6.5 to R1-13.5 on 10.06 acres. 3. Preliminary Plat of 10.06 acres into 15 lots and three out lots. Background In 1984, City Council approved a townhouse project for this site known as Shady Oak Ridge Townhomes totalling 36 units on approximately 11 acres of land at a density of 3.3 units per acre. At that time, a multiple family use was considered a better use of the property since clustering of the units would minimize grading and tree loss more than a single family plan on this site. Site Plan The preliminary plat depicts the subdivision of 10.06 acres into 15 single family lots and three outlots at a gross density of 1.5 units per acre. If the areas included in the three outlots are excluded, the net density of the project, based on 9.3 61-84 RI-13.5 PROPOSED SITE m o I ARE .A_L,OCATION MAP Shady Oak Ridge 2 June 20, 1986 acres, would be 1.61 units per acre. All of the lots meet the minimum dimen s i o n a l and square footage requirements for R1-13.5 zoning. The site plan also depicts future development on the property to the south t o t a l l i n g 11 additional single family housing units. Part of Lots 4 and 5 on t h e f u t u r e development portion of the plan is part of property known as The Ga r d e n . A n y subsequent zoning and platting requests for the balance of the site woul d r e q u i r e adjacent land owners signatures. Access The original access plan for this site was to be a private road and cul-d e - s a c . A t that time it was felt that the use of the cul-de-sac and a private road w a y w o u l d allow for buildings to be built closer to the roadway and encroach less o n t o t h e steep heavily wooded slopes on both sides of the roadway. The new plan d e p i c t s a temporary cul-de-sac with an ultimate public through connection between O l d S h a d y Oak Road and Rowland Road. Grades on the proposed public road would vary b e t w e e n 7 % to 8%. Since road grades are steep, landing pads should be required at th e b a s e o f the hill at both street entrances onto Rowland Road and Shady Oak Road. A l a n d i n g pad of 50 feet at a slope of approaching 2% is provided on the Rowland R o a d s i d e which is adequate. The slope on the landing pad on the Shady Oak side i s 4 % a n d should be reduced to 2% maximum. Use of a public street through the project will require a considerable a m o u n t o f grading. The high point knoll at elevation 980 just south of the temporary c u l - d e - sac location will be cut approximately 40 feet. More of the knoll could b e l e f t intact; however, it would result in much steeper road grades. Curre n t C i t y Ordinance permits a maximum road grade not to exceed 8%. Though the cut m i g h t b e considered to be excessive by normal standards, it should be pointed out t h a t m u c h of the lower tree masses surrounding this site will be retained and the cut s h o u l d not be highly visible from Shady Oak Road or Rowland Road. Sight vision distance in a southeasterly direction on Rowland Road is po o r . T h e plan depicts, in the future development area, a tapering of the slope ba c k f r o m Rowland Road to provide a better sight vision distance. The amount of si g h t v i s i o n distance at 300 feet for a 35 mile per hour design speed is not adequate . T h e r e i s room on-site to adjust the grading adjacent to Rowland Road to provi d e f o r t h e required sight vision distance. Grading Since the site is steeply sloped and heavily wooded, grading must be d o n e i n a sensitive way to preserve the site's character. A comparison between t h e s i n g l e family grading plan and the multiple family grading plan indicates that t h e a m o u n t of grading and tree loss is comparable with two exceptions where noted on A t t a c h m e n t A. The attachment indicates two areas where additional grading and t r e e l o s s occurs. This is due to the fact that the cul-de-sac has been moved clos e r t o t h e south property line and since a single-family home is proposed on Lot 1 w h e r e t h e previous multiple family plan depicted open space. Proposed grading in the future development area will be extensive. How e v e r , t h e proposed grading appears to be the most sensitive way to accommodate devel o p m e n t o n the property. Attachment A also indicates where grading should be ch a n g e d t o provide a more natural shape to the slope on the property. .167i Shady Oak Ridge 3 June 20, 1986 Tree Loss Two tree inventories have been conducted on this site. The May, 1984, tree inventory was conducted concurrent with the approval of the multiple family plan. The May, 1986, plan identifies additional trees that would be lost to development which are located primarily in the future development area. The tree inventory was conducted for trees that are 12-inch caliper or greater in size. It should be pointed out, that according to Attachment B, there are significant areas of heavy tree growth which would not be disturbed due to grading. This means that the proposed cut into the site for roadway and house construction will not be highly visible from Rowland Road and Shady Oak Road. Since there are steep slopes and existing trees are on both sides of proposed Shady Oak Ridge Road, it does not appear that there is an alternative way to locate the roadway and regrade the site to save more trees than what is being lost due to construction as depicted by the tree inventory. Prior to any additional grading work on-site, the grading limits must be restaked with a snow fence. A detailed tree inventory within 25 feet of the grading limits must be submitted for review. Any trees lost outside of the grading limits shall be replaced on an area inch per area inch basis. Utilities Sewer and water service can be extended to this site by connection to existing sewer and water lines in Old Shady Oak Road. Storm water run-off is proposed to drain along the street into catch basins and will be discharged into a pond within Lot 7. From that point, water flows across Shady Oak Road to the east into a lowland area. Previously, the surcharging of Lots 7 and 8 created flooding problems on adjacent properties. By installing storm sewer pipes around the surcharge, it allowed for positive drainage to occur. Trails As part of the previous approval for the multiple family project, a trail system was required by the Parks, Recreation, and Natural Resources Commission where shown on the attached previous multiple family plan. This should be completed concurrent with building construction on-site. Rezoning Attachment C indicates an area to the south of the proposed first phase of the single family area that was part of the original multiple family project and is currently zoned RM-6.5. In addition, Outlot B is proposed for rezoning to single family at this time. Since sewer is not available to Outlot 8, and a RM-6.5 zone would now be out of character with the surrounding land uses, both of these areas should be zoned Rural. This can be accomplished by republishing the public hearing notice to include a change to Rural zoning prior to City Council action. STAFF RECOMMENDATIONS The Staff would recommend approval of the request for Comprehensive Guide Plan Change from Medium Density to Low Density Residential, Rezoning from RM-6.5 to Ri- ( 1 0 G ii),n 4 Shady Oak Ridge June 20, 1986 13.5, and a Preliminary Plat of 10.06 acres into 15 lots and 3 outlots subject to the recommendations contained in the Staff Report dated June 20, 1986, based on plans dated May 19, 1986, and subject to the following recommendations: 1. Prior to Council review, proponent shall: A. Modify the site plan to provide a 50-foot landing pad at Shady Oak' Road and Shady Oak Ridge Road at a maximum percent grade of 2%. B. Modify the grading plan in the future development area as depicted on Attachment 8 to provide a more gradual grading transition to the property to the nOrth and west. C. Submit sight vision distance information based on a 35 mile per hour design speed for Rowland Road and provide horizontal and vertical profiles indicating the extent of sight vision distance. D. Submit a grading plan which defines the actual construction limits and provide a tree Inventory within 25 feet of the outer boundaries of the limits for review. Prior to Final plat approval, proponent shall: A. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. B. Submit detailed utility, storm water run-off, and erosion control plans for review by the City Engineer. 3. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Notify the City and Watershed District at least 48 hours in advance of grading. C. Stake the grading limits with a snow fence. Any trees lost outside of the grading limits shall be replaced on an area inch per area inch basis. D. Construct the gravel pathway in accordance with the previous approved plans. oak ,) ( ) ,_-reshaping contours 1J 'd121.' 1 \\\ `n-\. k iv \ 1". GRADING PLAN PRELIMINARY PLAT additional grading areas SHADY OAK RIDGE PION 1.14,[0fli n01.50CiATC.. C--ar Cur Grading Attachment A — C=Ir C"--Jr 4\.0 ` A :**1W - - - - nN%,4 -,- ree mass areas retained , „. .... - GRADING PLAN PRELIMINARY PLAT F-SHADY OAK RIDGE nn•n• Trees Saved Gar Attachment B etrn• :„ \\ f 147.-/,';477N-N , • I • Ac - tO GRADING PLAN PRELIMINARY PLAT ezone from rm 6.5 to rural SHADY OAK RIDGE rezone from rm 6.5 rural Clur Rezoning Attachment _C MINUTES EDEN PRAIRIE PLANNING COMMISSION Monday, June 23, 1986 School Board Meeting Room 7:30 p.m. A. SHADY OAK RIDGE, by Joe Ruzic. Request for Comprehensive Guide Pia.. Amendment from Medium Density Residential to Low Density Residential on 10.06 acres, Zoning District Change from RM-6.5 to R1-13.5 on 10.06 acres, and Preliminary Plat of 10.06 acres into 16 lots and 2 outlots for a single family development. Location: North of Rowland Road, west of Old Shady Oak Road. A public hearing. Mr. Ron Krueger, representing proponent, reviewed the previously approved Planning Commission Minutes 2 June 23, 1986 plan for development of the property, which had been shown for multiple family residential development. The owner was now proposing single family residential development of the land for sixteen single family lots. Mr. Krueger stated that the previously approved density for the development was 3.4 units per acre; the proposed density of the property was 1.5 units per acre. He added that the road alignment through the property was nearly the same as that previously approved for the property. Chairman Schuck asked about tree loss based on the proposed plan. Mr. Krueger responded that there would be additional tree loss, but that maximum road grades would be used in all cases in order to save as many trees as possible. Planner Franzen reviewed the findings and recommendations of the Staff Report of June 20, 1986, with the Commission. He explained the concerns of Staff with respect to the proposed grading and tree loss and discussed the extension of utilities to this property and the property to the west known as the Garden. Ruebling asked about the safety of the posted speed on Rowland Road. Staff explained that the road was posted for a 35 miles per hour speed; however, measures could be taken to make the curve of the road safer. Mr. Krueger asked about the recommendation for a path along the road, considering the steepness of the road. Planner Franzen stated that this would be reviewed in time for action by the Council. Mr. Joseph Ruzic, proponent, asked for clarification regarding the recommendation for erosion control. Planner Franzen stated that erosion of sloped areas was often a problem in areas such as this. He noted that the proponent appeared to have the matter under control at this time and that the purpose of the recommendation was to see that the erosion control was maintained. Mr. Wayne Kinion, 6401 Shady Oak Road, stated that he felt the proponent had done a good job so far in controlling erosion from the development of the property. Mr. Kinion referred to the letter he had sent to the City, which had been made part of the file on the project. He stated that he was concerned that the development of the proponent's property not prejudice the eventual use of the property owned by the Kinion family. Mr. Kinion stated that potential buyers were contemplating the use of office on his property. Hallett asked how the Kinion property was zoned. Planner Enger responded -- that the property was zoned Rural at this time and that it was guided for Medium Density Residential development according to the Comprehensive Guide Plan. Hallett stated that he could support Medium Density Residential use of the Kinion property, but that he was uncertain that office use would be appropriate on that site. Mr. John Luknic, owner of the property known as the Garden, west of the proposed development, stated that he had no objections to the proposed development. He added that he would be looking forward to participation with the proponent in extension of utilities from this site to service his property, as well. Planning Commission Minutes 3 June 23, 1986 MOTION 1: Motion was made by Bye, seconded by Dodge, to close the public hearing. Motion carried--6-0-0 MOTION 2: Motion was made by Bye, seconded by Dodge, to recommend to the City Council . approval of the request of Joe Ruzic for Comprehensive Guide Plan Amendment from Medium Density Residential to Low Density Residential for. 10.06 acres for Shady Oak Ridge, based on plans dated May 28; 1986, subject to the recommendations of the Staff Report dated June 20, 1986, with the • addition of 1.e., amending the property to be rezoned in accordance with Attachment C of the Staff Report of June 20, 1986, and subject to the clarification, of the need for a gravel path along the road, prior to City Council review. Motion carried--6-0-0 MOTION 3: Move to recommend to the City Council approval of the request of Joe Ruzic for Zoning District Change from RM-6.5 to R1-13.5 for 10.05 acres for Shady Oak Ridge, based on plans dated May 28, 1986, subject to the recommendations of the Staff Report dated June 20, 1986, with the addition of amending the property to be rezoned in accordance with Attachment C of the • Staff Report of June 20, 1986, and subject to the clarification of the need for a gravel path along the road, prior to City Council review. Motion carried--6-0-0 MOTION 4: Move to recommend to the City Council approval of the request of Joe Ruzic for Preliminary Plat of 10.06 acres into 16 lots and two outlots for Shady Oak Ridge, based on plans dated May 28, 1986, subject to the recoMmendations of the Staff Report dated June 20, 1986, with the addition of 1.e., amending the property to be rezoned in accordance with Attachment C of the Staff Report of June 20, 1986, and subject to the clarification of the need for a gravel path along the road, prior to City Council review. Motion carried--6-0-0 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #86-164 RESOLUTION APPROVING THE PRELIMINARY PLAT OF WINDSONG FOR KOOSMAN AND RICE COMPANY BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Windsong for Koosman and Rice Company, dated July 3, 1986, consisting of 39.62 acres into 20 lots and 6 outlots for construction of 72 multiple family units, a copy of which is on file at the City Hall, is found o be in conformance with the provisions of the Eden Prairie Zoning and PlatLing ordinances, and amendments thereto,'and is herein approved, ADOPTED by the Eden Prairie City Council on the 15th day of July, 1986: Gary D. Peterson, Mayor John D. Frane, City Clerk • /190 3. That the PUD Development meet the recommendations of the Planning Commission dated June 23, 1986. ADOPTED by the City Council of Eden Prairie this 15th day of John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #86-163 A RESOLUTION APPROVING THE DEVELOPMENT OF PLANNED UNIT DEVELOPMENT OF THE W1NDSONG DEVELOPMENT FOR KOOSMAN AND RICE COMPANY 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 City Planning Commission did conduct a public hearing on the • Windsong Development by Koosman and Rice Company and considered their request for approval for development (and variances) and recommended approval of the requests to the City Council; and, WHEREAS, the City Council did consider the request on July 15, 1996; NOW, THEREFORE, BY RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The Windsong Development by Koosman and Rice Company, being in Hennepin County, Minnesota, is legally described as outlined in Exhibit A, attached hereto and made a part hereof. 2. That the City Council does grant PUD Development approval outlined in the plans, as revised, dated July 3, 1986. Gary D. Peterson, Mayor ATTEST: ,REA JOSATION MAP STAFF REPORT TO: FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT: FEE OWNER: REQUEST: Planning Commission Donald R. Uram, Assistant Planner Chris Enger, Director of Planning June 20, 1986 Wind song East of Anderson Lakes Parkway, south of Technology Drive Koosman and Rice Company Eden 100 Properties 1. Planned Unit Development Concept Review on 39.62 acres. 2. Planned Unit Development District Review on 39.62 acres. 3. Zoning District Change from Rural to RM-6.5 oq 12.03 acres. 4. Preliminary Plat of 39.62 acres into 20 lots and six out lots. IL Background This site is depicted on the Comprehensive Guide Plan for Medium Density Residential land uses, which allows up to ten units per acre. Surrounding Guide Plan designations Include Industrial to the north, Medium Density Residential to the west and south, and Public Open Space/Floodplain to the east. Adjacent land uses include Parkway Apartments, zoned RM-2.5 to the west; the Richard Miller property, currently vacant, zoned RM-6.5 to the northwest; and, vacant property to the north, south, and east. The proponent is requesting a zoning district change from Rural to RM-6.5 on a 12.03-acre tract of land with a proposal for 72 multi-family units clustered in 18, four-plex build- ings. Wind song 2 June 20, 1986 Planned Unit Development The overall Planned Unit Development (PUD) for this site r e f l e c t s t h e c o n s t r u c t i o n of the multi-family area in the southwest corner wit h n o s p e c i f i c l a n d u s e designated for the northern site. Because of this, S t a f f r e c o m m e n d s t h a t t h e proponent submit an overall plan for the entire site s h o w i n g t h e r e l a t i o n s h i p between the two parcels. If no road connection between t h e p a r c e l s i s p r o p o s e d a s depicted on the current site plan, then Staff would reco m m e n d t h a t t h e l a n d u s e o n the northern parcel be different (i.e., office or in d u s t r i a l , a s a c c e s s t o t h e parcel is provided through MIS). Within the PUD District Review for the multi-family propo s a l , S t a f f h a s i d e n t i f i e d a front yard setback variance created by the requirement fo r t h e 6 0 - f o o t s t r e e t r i g h t - of-way and the limitation on fill within the floodpl a i n . B e c a u s e o f t h e l a r g e amount of open space surrounding the site, the quantity o f l a n d s c a p e m a t e r i a l , a n d the fact that the loop street serves only this site , s e t b a c k s s h o u l d n o t b e considered a problem. Each specific front yard setback wi l l b e r e v i e w e d i n t e r m s o f screening, parking, etc. Site Plan The site plan depicts a total of 18, four-plex buildin g s o n a p p r o x i m a t e l y 1 2 . 0 3 acres of land located to the east of Parkway Apartment s . A t o t a l o f 7 2 u n i t s i s proposed for this site, resulting in 5.98 units per a c r e . T h e p r o p o s e d z o n i n g request for RM-6.5 allows up to 6.7 units per acre. In ad d i t i o n t o t h e 1 8 a p a r t m e n t buildings, a community building and an outdoor swimming p o o l l o c a t e d w i t h i n t h e center of the project is also proposed. Access to the site will be provided off Chestnut Drive w i t h a l o o p s t r e e t r u n n i n g through the project. The individual buildings will be ce n t e r e d a r o u n d a s e r i e s o f three private cul-de-sacs which extend from the loop stree t . T h e l o o p s t r e e t , a s i t Is currently proposed, has a right-of-way of 50 feet and a r o a d w a y w i d t h o f 2 8 f e e t . This roadway shall be designed with a 60-foot right-of-w a y a n d a 3 2 - f o o t p a v e m e n t width, with the private cul-de-sacs remaining as designed. I n a d d i t i o n , t h e r o a d w a y shall be pulled away from the western property line to eli m i n a t e t h e r e t a i n i n g w a l l within the right-of-way. Parking on this site has been provided with one space per d w e l l i n g u n i t e n c l o s e d a n d one space per unit outside around the perimeter of the sit e . A t o t a l o f 1 4 5 p a r k i n g spaces have been provided with space for additional p a r k i n g o c c u r i n g i n t h e driveways. In areas where no additional parking is ava i l a b l e f o r t h e u n i t a n d assuming that parking will occur in the driveways, Staff i s r e c o m m e n d i n g t h a t t h e r e be 25 feet of distance between the curb line for the p r i v a t e c u l - d e - s a c a n d t h e front of the garage area. This will allow for parking within the d r i v e w a y w h i c h shall not encroach into any activity occuring on the privat e c u l - d e - s a c s . Traffic Expected trip generation from this project, based on s i x t r i p s p e r u n i t p e r d a y , equals 432 trips per day. At the present time, all of th i s t r a f f i c , i n a d d i t i o n t o that of Parkway Apartments, will be using the Chestnut D r i v e / A n d e r s o n L a k e s P a r k w a y intersection. This intersection has been designed wit h p r o j e c t s s u c h a s t h i s i n mind including right and left-hand turn lanes which shall i n c r e a s e t h e e f f i c i e n c y i n traffic movement at this location. Windsong 3 June 20, 1986 A road system has been studied for the possibility of looping back to Anderson Lakes Parkway through the Richard Miller property to the northwest of Windsong; however, it is not being recommended because it would have to be built across several hundred feet of floodplain. Grading Elevations on this site range from a high point of 846 along the top of the knoll along the western property line, to a low point of 820 along the eastern property line adjacent to Purgatory Creek. The property is sloping to the north, south, and east from the top of the knoll. The proposed grading plan shows a maximum of eight feet of cut along the top of the knoll to approximately six feet of fill adjacent to the floodplain. This is expected to change with the relocation of the road and additional right-of-way; however, should not change significantly. There are two ponding areas proposed on this site. One is adjacent to Chestnut Drive to the south, and another ponding area is located between the first and second private cul- de-sacs. Elevations within these ponds will range from 818 along the southern property line to 813. The entire storm water catch basin system in this area has been designed to empty into these two storage ponds with the overflow being discharged into the Purgatory Creek floodplain. In conversation with the Watershed District, a high water mark for the floodplain has been set at the 824 contour line. Because of this, some fill is expected within the floodplain. The Watershed District has set the total amount of fill in the floodplain which is determined by total floodplain area within the property at 11.7%. Based on calculations by the Watershed District, this encroachment has been calculated at 2.6% and is within the requirement. However, based on an additional ten-foot of right-of-way relocation, additional fill may be required within the floodplain. This fill should not exceed 11.7%. Overall, because the site is relatively flat, grading is not excessive. There are some exceptions which include the retaining wall located along the western property line, which based on a new roadway design, should be eliminated and also there is a lack of berming throughout the project. Revised plans shall show the relocation of the roadway system, any additional fill into the floodplain, and a series of berms located throughout the site to help screen parking areas and help break up views of the garage fronts. Landscaping Based on a total of 18 buildings with a gross square footage of 111,038, a total of 346 caliper inches of plant material is required. The proponent is providing a total of 783 caliper inches based on the submitted landscape plan. A total of 364 caliper inches of decidous trees are being provided and 419 caliper inches of coniferous trees. Based on the plant list, there is a good variety of both plant species, quantities, and sizes on the site which do a good job at providing variety, in addition to helping screen parking areas and help break up the building mass. Staff is recommending that along with the revised grading plan depicting additional berming, a revised landscape plan should also be submitted. Architecture Two different building types are proposed for construction on this site which fR Windsong 4 June 20, 1986 feature both front and side loading garages allowing for the opportunity for shared access points. The elevations which have been submitted depict three different types of front elevations which will be used within each individual building cluster to provide continuity to the site. Residential in style, each building contains approximately 6,200 square feet, including garages, and measure approximately 30 feet in height and 90 feet in length. Within the buildings, two different unit types are proposed. There is an "A" unit, which contains 886 square feet, and a "B" unit, which contains 908 square feet. Total square footage on-site, including garages, includes 111,038 square feet. Primary building materials includes four- inch vinyl lap siding within a trim consisting of either cedar or redwood painted finish. Staff is recommending that, because of the three individual building clusters, there be a color group selected for each which should add continuity to the group while also allowing a variety within the project. Utilities Water and sanitary sewer service is available to the site. Connections for these services will be to a 78-inch sanitary sewer line located within the center of the property within a 50-foot easement. Sanitary sewer service will be placed within each cul-de-sac and along the loop road system connecting to the existing 72-inch sanitary sewer main located within the first cul-de-sac. Water service will be provided from an existing eight-inch water line within Chestnut Drive and located throughout the property. Storm water drainage is provided from the site by a series of catch basins located within the private cul-de-sacs, and a loop road with storm water being deposited Into either the southern-most pond, located adjacent to Chestnut Drive, or to a larger ponding area located adjacent to the floodplain. Pedestrian System Because Chestnut Drive is expected to be a proposed entrance to the Purgatory Creek Recreational Area, the trail system within this area is important. The Community Services Department is requiring a five-foot wide concrete sidewalk around the outside of the loop road system. In addition, a 20-foot easement shall be provided to the western property line to allow for a trail access from the Richard Miller property. Also, the proponent will be required to build a five-foot wide concrete sidewalk along the southern property line to the point where the property will be dedicated. The Parks, Recreation, and Natural Resources Commission will review this project and make recommendations to the City Council. Preliminary Plat The preliminary plat depicts the subdivision of this 40-acre tract into 20 lots and six outlots. Outlets will include both the private cul-de-sacs and Outlot E adjacent to the western property line, Outlot F which is primarily the floodplain area proposed for dedication, and Outlot G located to north. Each of the buildings have been platted as individual lots which is common to a condominium type development. The preliminary plat meets all the requirements of the RM-6.5 zoning district. STAFF RECOMMENDATIONS Staff would recommend approval of the request by the Koosman and Rice Company for /619S: 6. Dedicate Outlot F to the City for future uses. Windsong 5 June 20, 1986 the development of 12.03 acres into a multi-family project subject to the recommendations of the Staff Report dated June 20, 1986, and plans dated June 4, 1986, and subject to the following conditions: 1. Prior to City Council review, proponent shall: A. Submit an overall plan designating a general land use for the northern piece of property. B. Revise the plans to reflect the loop roadway system and a 60-foot right-of-way with a 32-foot pavement width. C. Revise the grading plan to reflect additional berming along the front of the buildings. D. Revise the plans to reflect the addition of a sidewalk on the outermost edge of the loop drive system with connections to the south. Also revise the plans to reflect a five-foot concrete sidewalk along the southern property line. E. Provide plans for review by the Fire Marshal. 2. Prior to Final plat, proponent shall: A. Submit detailed storm nzter run-off, erosion control, and utility plans for review by the City Engineer. B. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. 3. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Provide signage and lighting details, if any. 4. Prior to Grading permit issuance, proponent shall: A. Notify the City and Watershed District at least 48 hours in advance of grading. B. Stake the construction limits with erosion control fencing. 5. Concurrent with building construction, proponent shall construct a five-foot concrete sidewalk around the exterior of the circle or the loop road system with a connection to a proposed five-foot concrete sidewalk along Chestnut Drive which shall also be built. • Planning Commission Minutes 6 June 23, 1986 C. WINDSONG, by Koosman and Rice Co. Request for Planned Unit Development Concept Review on 39.62 acres for Multiple Residenti a l , Industrial, and Open Space land uses, Planned Unit Developm e n t District Review on 39.62 acres with Zoning District Change f r o m Rural to RM-6.5 on 12.03 acres, and Preliminary Plat of 39.62 ac r e s into 20 lots and 6 outlots for construction of 72 multiple fam i l y units. Location: West of Purgatory Creek, north of Chestnut Dr i v e . A public hearing. Mr. Dan Koosman, proponent, reviewed the proposed plan and di s c u s s e d t h e characteristics of the property, including the presence of the f l o o d p l a i n along the east portion of the site. Mr. Jerry Mezara, ar c h i t e c t f o r proponents, reviewed the structures proposed for the property a n d s h o w e d that the majority of the units would be fronting upon open spa c e . H e a d d e d that, per the recommendation of the Staff Report of June 2 0 , 1 9 8 6 , proponents would be providing the necessary trail connection f o r a c c e s s t o Planning Commission Minutes 7 June 23, 1986 the open space area to the east. Hallett asked about the price of the proposed units. Mr. Larry Rice, proponent, stated that the units would be between $45-50,000. He stated that the development would be marketed as individual units for sale, not marketed as multi-unit structures, as had been proposed in previous plans. Anderson asked if the private road system shown in the plans was wide enough to handle school buses. Planner Enger responded that buses would be able to use the looped street in the development, but would find it difficult to negotiate the cul-de-sac. Anderson noted that the ponds were the main amenities of the development and asked how the proponents would maintain the ponds in order to prevent them from drying up, or becoming stagnant. Mr. Koosman stated that, if necessary, they would consider using fountains in the ponds in order to see that they were maintained properly. Chairman Schuck asked for comments and questions from members of the audience. There were none. MOTION 1: Motion was made by Dodge, seconded by Bye, to close the public hearing. Motion carried--6-0-0 MOTION 2: Motion was made by Dodge, seconded by Bye, to recommend to the City Council approval of the request of Koosman & Rice for Planned Unit Development Concept of 39.62 acres, known as Windsong, for multiple residential, industrial, and open space land uses, based on plans dated June 4, 1986, subject to the recommendations of the Staff Report dated June 20, 1986. Motion carried--6-0-0 MOTION 3: Motion was made by Dodge, seconded by Bye, to recommend to the City Council approval of the request of Koosman & Rice for Planned Unit Development District Review and Zoning District Change from Rural to RM-6.5 on 12.03 acres for Windsong for 12.03 acres for construction of 72 multiple family units, based on plans dated June 4, 1986, subject to the recommendations of the Staff Report dated June 20, 1986. Motion carried--6-0-0 MOTION 4: Motion was made by Dodge, seconded by Bye, to recommend to the City Council approval of the request of Koosman & Rice for Preliminary Plat of 39.62 acres into 20 lots and 6 outlots, for construction of 72 multiple residential units to be knonwn as Windsong, based on plans dated June 4, 4)1 Planning Commission Minutes 8 June 23, 1986 1986, subject to the recommendations of the Staff Report dated June 20, 1986. Motion carried--6-0-0 Uly) 4.2`J 'Y Gary D. Peterson, Mayor WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Planll- and, WHEREAS, the Plan has been Submitted to the Metropolitan Council: for review and comment; and, WHEREAS, the proposal Of Ronald A. Christenson for development of Prairie Courts, for Neighborhood Commercial use.requires the amendment of the Plan; - NOW, THEREFORE, BE IT RESOLVED that the City Council of Eden Prairie, Minnesota, herebyipropeses the amendment of the :Plan at follows: approximately 3.7 • acres located east of County Road #4, north and west of Wagner Way, be modified from Office to Neighborhood Commercial. ADOPTED by the City Council of Eden Prairie this 15th day of July, 1906. A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-167 ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-168 A RESOLUTION APPROVING THE PRAIRIE COURTS PLANNED UNIT DEVELOPMENT CONCEPT AMENDMEN T TO THE OVERALL GONYEA 4TH ADDITION PLANNE D U N I T D E V E L O P M E N T WHEREAS, the City of Eden Prairie has by v i r t u e o f C i t y C o d e p r o v i d e d f o r the Planned Unit Development (PUD) of certa i n a r e a s l o c a t e d w i t h i n t h e C i t y ; a n d , WHEREAS, the Prairie Courts development i s c o n s i d e r e d a p r o p e r a m e n d m e n t t o the overall Gonyea 4th Addition Planned Uni t D e v e l o p m e n t C o n c e p t ; a n d , WHEREAS, the City Planning Commission did c o n d u c t a p u b l i c h e a r i n g o n t h e request of Bossard-Christenson for PUD C o n c e p t A m e n d m e n t a p p r o v a l t o t h e o v e r a l l GOnyea 4th Addition Planned Unit Deve l o p m e n t C o n c e p t f o r t h e P r a i r i e C o u r t s development and recommended approval o f t h e P U D C o n c e p t A m e n d m e n t t o t h e , Council; and, WHEREAS, the City Council did consider th e r e q u e s t o n J u l y 1 5 , 1 9 8 6 ; NOW, THEREFORE, BE IT RESOLVED, by th e C i t y C o u n c i l o f E d e n P r a i r i e , - Minnesota, as follows: 1. The Prairie Courts development PUD Conce p t A m e n d m e n t , b e i n g i n . : Hennepin County, Minnesota, and legally d e s c r i b e d a s o u t l i n e d : i n Exhibit A, is attached hereto and made a pa r t h e r e o f . 2. That the City Council does grant PUD Con c e p t A m e n d m e n t a p p r o v a l t o the overall Gonyea 4th Addition Planned U n i t D e v e l o p m e n t C o n c e p t a s outlined in the application materials for P r a i r i e C o u r t s . 3. That the PUD Concept Amendment meets th e r e c o m m e n d a t i o n s o f t h e ' Planning Commission dated June 23, 1986. ADOPTED by the City Council of Eden Prairie t h i s 1 5 t h d a y o f J u l y , 1 9 8 6 . Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #86-169 RESOLUTION APPROVING THE PRELIMINARY PLAT OF PRAIRIE COURTS FOR RONALD A. CHRISTENSON • BE IT RESOLVED, by the Eden Prairie City Council as follows: •That the preliminary plat of Prairie Courts for Ronald A. Christe n s o n , d a t e d J u l y 7 , 1986, consisting of 3.7 acres into one lot for construction of a 3 2 , 0 0 0 s q u a r e f o o t commercial center, a copy of which is on file At the City Hal l , i s f o u n d t o b e i n conformance with the provisions of the EdevPrairie Zoning and Platting ordinances, and Amendments thereto, and is herein approved -. ADOPTED by the Eden Prairie City Council on the 15th day of J u l y , 1 9 8 6 . Gary D. Peterson, Mayor John D. Frane, City Clerk '7)2, gg 77,1/y/5 (.27c twrieGfe‘oop, 07' 1-1.4-77 7277 }-,W .-77 -/"V "XX .77ee'f-' Pic YS'?7°7/ C27.A 7if ,e4:7„ .,,.7-4,,94‘) _ (-CA/ -7f /fti',2 adfrit /10;41,( „„..---7_9/ "4 7 .77 x) -27v(1 7."e72‘44•A•777G.7-2/75" 4;7, • .7,:fre,7-7„-- /79.477 /747.y..72,-,9 ye, fy7c 7e.3 -D-74(24 cy2,77(3,-,, rT1 — 11,47/.7,72, 7742 /771i1/Pi:" .).7:34,V7 • tYlf1,7P14/P 1^-14-e "ZPv 147027 dy "Ii17 6" ; ftaye 1:14W aip -2,Ze 0, 77, "...s5/x e.ey-e:/,‘_•e -0-5 727 ;77.51-/-' &97‹. 0.•• /7'74 2 t-eleidt2 idloa./774W-feg. C Ge-t/ • '7-72 ----'2/A7/•72_17741r..71r7 /27'41 --51"--/- 7 12-7 4.op e2.A.e., -7/.2 A.,z4,12 - "77-2-zzi L.7 Z/fr 4•14-../ d>57-2-.4-7 71b1 10/ %se 77•1?-'247/-tay?,•-' c-4.7 e7-_i•d-T:77c7 7f( 17-12 A/1(W7 yy_2,7e- • A.....-pgz720 2270-/F6 /J/t5/ e/a0/,‘„p e47/‘) KC. ,/,0/ i/x7-"Yel 6/ e/1-w3--, >5g?'1zei-71>" 1-f-1 -7-tr 77-peJer-- i17/ 777.4 ‘,A4 ,r/71. -2 7 • .„4-77. 1; ?c.:4..e7/3,, •"2-e-,-° /774774./.197/377 -r7 2z4-7 - ‘97c Cr/ .0771 b VO Thank you for your consideration. Sincerely, K/Z/Zt- ttd4. dalter d. Lusian OUS / WALTER W. LUSIAN 9665 GARRISON WAY EDEN PRAIRIE, MINN 55344 May 5, 1986 Mr. Donald R. Gram Asst. City Planner City Hall 8950 Eden Prairie Road Eden Prairie, Minnesota 553 44 Dear Mr. Uram: As a property owner and future resident of Sheldon Avenue, I would like to relate my concerns about the proposed guide plan variance request for the area east of County Road 4 and N.a. of Wagner 4ay, Eden Prairie, Minnesota (proposed retail strip mall by Mr. Ronald Christianson). I believe this proposed retail occupancy will result in serious traffic congestion at the intersection of dagner Way and County Road 4 (due to close proximity with the highway 5/county road 4 intersection and the Prairie Village Mall traffic egress. I believe this will result in unintended heavy use of Sheldon Avenue for retail/commercial truck traffic to avoid the congested intersection. Since Sheldon Avenue is being occupied primarily by young families, the diverted traffic would be a major blunder. In addition, I believe the rear of the building should be set considerably more than 20 feet from the common property line to allow for minimum restriction of available sunlight necessary for trees and shrubs used to screen the buildinr and provide minimal disruption of sunlight to the residential lots on the north. Noise and visual affects from all the roof heating/coolinE units (relative to the eight "walk out" home lots which are adjacent to the property on the north) and roof drainage and run off are also my concerns. BENSHOOF & ASSOCIATES, INC. TRANSPORTATION AND LAND USE CONSULTANTS 7901 FLYING CLOUD DRIVE, SUITE 1191 EDEN PRAIRIE, MINNESOTA 55344/ (612) 944.7590 86-34-27 July 3, 1986 REFER TO FILE: MEMORANDUM TO: Mike Franzen. City of Eden Prairie FROM: Michael L. Wonsan and James A. BenshooNt6 RE: Traffic Study at T.H. 5/C.S.A.H. 4 in conjunction with the Proposed Minnetonka State Bank and Prairie Courts Shopping Center PURPOSE AND BACKGROUND The purpose of this memorandum is to document the analysis and findings of our traffic study of the Intersection of the T.H. 5 and C.S.A.H. 4 in conjunction with proposed develop- ment by the Minnetonka State Bank and Prairie Courts Shop- ping Center. As we understand it, the proposed development Is located on either side of Wagner Way east of C.S.A.H. 4 as presented on Figure I. The Prairie Courts Shopping Center would consist of 34,000 gross square feet of neigh- borhood retail services, while the Minnetonka State Bank would consist of 5,000 sq. ft. of office and 5,000 sq. ft. of bank with 5 drive-up tellers as Phase I and an additional 24,200 sq. ft. of office as Phase II. The principal Issues analyzed in our study Include: the current levels of service of traffic operations at T.H. 5 and C.S.A.H. 4, a comparison of the trip generation charac- teristics of the current proposals with the previous planned unit development, Impacts of the development on traffic operations at T.H.5/C.S.A.H. 4 and C.S.A.H. 4/Wagner Way prior to Intersection Improvements proposed by Hennepin County and the Minnesota Department of Transportation in 1988, impacts of development traffic on Sheldon Ave. north of Wagner Way, and identification of candidate temporary improvements to assist area traffic flow prior to the 1988 improvements. EXISTING CONDITIONS At the Intersection of T.H. 5/C.S.A.H. 4, T.H. 5 currently consists of a left turn lane, one through lane, and a right turn lane with an Island on both the east and west approaches. C.S.A.H. 4, north of the Intersection, is a four lane roadway with Wagner Way aligned directly opposite --r il!rd -Zeri-1 11-1 -6.1j11, II)Prairie WAMIOS 113/N___) Courts Ni\N:,,Sbb iNe Bank/ Office Toi„ 5 -1 __LitMLR I 1:17—takji IL --I 1 r--1 Prairie Village Mall m t.'? (-3 , iiii1i I -2- 1-ff I =ilMAU -•-•-••-t-nn••n•n-n•••n.... _ TRAFFIC STUDY FIGURE 1 AT T.H. 5/C.S.A.H 4 LOCATION MAP 0 500 ' Approx. Scale CITY OF EDEN PRAIRIE IIHISHOOF & ASSOCIATES, INC. SPORIMION AND t AND USE CONSUL1AN IS 17o') Mr. Mike Franzen -3- July 3, 1986 the entrance to Prairie Village Mail, approximately 380 feet north of the Intersection. While Wagner Way is a 32 foot wide City street, the entrance to the mall is a private drive, 20 feet wide at its narrowest point. Directly south of T.H. 5, C.S.A.H. 4 Is four lanes wide tapering quickly to two lanes south of Terrey Pine Drive, which Is located approximately 420 feet south of T.H. 5. In order to assess existing traffic operations, turn move- ment counts and observations were performed at the Inter- sections of C.S.A.H. 4 with T.H. 5 and Wagner Way on Friday, June 13, 1986 from 4:00 to 6:00 p.m. Figure 2 presents the PM Peak Hour traffic counts (4:30 - 5:30). The PM Peak Hour is that hour with the highest total traffic volumes and Is the time during which traffic Impacts of the proposed devel- opment would be the greatest. As can be noted from Fig. 2, the highest volumes are westbound through traffic on T.H. 5; the north and south approaches oF C.S.A.H. 4 carry 552 vehicles and 496 vehicles, respectively. At the inter- section of C.S.A.H. 4 and Wagner Way, the highest volume Is the northbound through traffic, with substantial left turns into the Mall from the south as well as substantial exiting traffic from the Mall. The current traffic volumes at this Intersection are sufficiently high so as to warrant signal- ization of this Intersection based on peak hour traffic signal warrants. Observations of traffic flow indicate: • T.H. 5 operates effectively, principally as a result of the green time allocated to westbound through movements (up to 135 seconds). It was observed that all vehicles queued on the east approach cleared the intersection and occasional "excess" green time occurred with mini- mal through traffic approaching the intersection. • On both the north and south approaches of C.S.A.H. 4 to T.H. 5, the inside lane operated almost exclusively as a left turn lane, with through and right turn traffic utilizing the outside lane. Significant difficulties occurred for left turning vehicles principally as a result of the high volumes of opposing through traffic. • The south approach to T.H. 5 consistently queued beyond Terrey Pine Drive. • Approximately 201. of the time, the queue on the north approach extended to the Wagner Way intersection. • Turn and through movements on C.S.A.H. 4 at Wagner Way operated effectively. 12 0 7 -4— j (e) Driveway For Prairie )) (1/4 Village Mall (, Wagner Way 0 78—'1 0 165 Ar—'—'• 0 lir 0 0: I L.0 0 0 Cs, T.H. 5 (1` No Scale Note: Volumes Collected By Benshoof & Associates On June 13,1986 CITY OF EDEN PRAIRIE Al 1\ISHOOF & ASSOCIATES, INC. ANSPORIMIONANDLANDUSECONSULTANTS FIGURE 2 TRAFFIC STUDY AT 1.11. 5/C.S.A.H 4 EXISTING P.M. PEAK HOUR VOLUMES Mr. Mike Franzen -5- July 3, 1986 • Congestion for vehicles exiting Prairie Village Mall occurred as a result of the volumes on C.S.A.H. 4. queuing characteristics on C.S.A.H. 4, and the width of the access point which precludes right turning vehicles from bypassing left turning vehicles. As a result of the above delays for exiting vehicles. approximately 50% of the vehicles exiting the Mall to go north utilized the secondary access located north of Wagner Way. TRAFFIC FORECASTS Trip generation rates utilized for a comparison of the trip characteristics of the proposed changes to the existing P.U.D. and for analysis of development impacts were established from data published by the Institute of Trans- portation Engineers (ITE), 1983 and from surveys of similar land uses in the Metropolitan area. For the single family, elderly residential, office, fast food, and shopping center components of the Gonyea P.U.D., trip generation rates published by the ITE were utilized. For the apartment units, rates established in surveys of Twin Cities apart- ments prepared by BRW, Inc. and Benshoof it Associates, Inc. were utilized. Trip generation rates for the proposed bank were established from a variety of sources, Including data published by ITE and surveys performed by Benshoof II Associates, Inc. at the existing Minnetonka State Bank in Excelsior and other banks In the Metropolitan area. Through discussions with officials of both the proposed bank and other area banks, ft is estimated that a full client base for a new bank facility is created in approximately five years. Further, the number of drive-up tellers does not initially affect trip genera- tion, but rather becomes a factor only as the client base is fully established. Surveys by Benshoof & Associates, Inc. indicate that the trip generation of banks with a fully developed client base are approximately 1007. higher than rates published by the 1TE for "fully developed" banks. For the purposes of this analysis, trip generation rates util- ized for the Minnetonka State Bank prior to the 1988 roadway improvements are those published by the 1TE, thus accounting for lower trip generation during the first two years of the facility. Upon full development of the bank's client base (after 1988), trip generation is expected to be comparable to that surveyed by Benshoof & Associates. Inc. -6- Mr. Mike Franzen July 3, 1986 Table 1 presents a comparison of the trip generation characteristics of the various components of the previously approved P.U.O. and the P.U.D. as currently proposed. Table 2 presents a comparison of the total trip generation from the original and proposed P.U.D.s. TABLE 1 TRIP GENERATION COMPARISON FOR COMPONENTS OF ORIGINAL AND PROPOSED P.U.D.S protected Trip, Ends Use by Component Daily PM Peak PM Peak Total PM Within P.U.D. (Two Way) Hour In Pour Out Peak Hour Original: 31 SF Units 310 20 Ii 31 Proposed: No change Originals 20,000 Office/ 40 Elderly Units 378 15 45 60 Proposed: 56 Apartments/ 56 Elderly Units 698 51 31 82 Originals 18,000 Office/ 18,000 Medical 1202 22 88 110 Proposed: 34,000 Shopping Ctr. 2624 122 128 250 Original: 11,000 Fast Food 6080 187 161 348 Proposed: Bank/Office Phase 1 1162 80 98 178 Phase II 1496 96 138 224 Total 2658 176 236 408 Mr. Mike Franzen -7- July 3, 1986 TABLE 2 TRIP GENERATION COMPARISON OF TOTAL TRAFFIC FOR ORIGINAL AND PROPOSED P.U.D.S Proiected Trio Ends Daily PM Peak PM Peak Total PM (Two Way) Hour In Hour Out Peak Hour Original P.U.D. 7970 244 305 549 Proposed P.U.D. Phase 1-pre 1988 4794 273 268 541 Proposed P.U.D. Total Development- post 1988 6290 369 406 775 The following points can be noted from Tables 1 and 2: • The single family component (A) remains identical to the original proposal. The currently approved elderly/apartment complex (B) generates more traffic on both a daily and PM Peak Hour basis than the original proposal. • The shopping center (C) generates more than twice the traffic of the original P.U.D. • The bank proposal (CI) generates less traffic during Phase 1 that the approved fast food restaurants. Upon full development of the bank/office proposal, PM Peak Hour generation Is expected to be higher than the original P.U.D., but daily traffic is expected to be less than one half of that associated with the fast food development. The current proposal, upon full development, generates less daily traffic but more PM Peak Hour trips than the original P.U.D. Figure 3 presents the expected distribution of trips to/from the shopping center and bank/office proposals. This distri- bution was based upon previous traffic studies in the area and the traffic counts/observations taken on June 13, 1986. As can be noted, the distribution accounts for vehicles which approach from the east, but exit to the north or west, a phenomenon which Is currently occurring with the Prairie Village Mall. -8- r _MINER 117—vAill V Prairie illage p hail L 7-7 w_Luh 1-1 ibitltaJ ij jT Prairie JO Courts . MAO 00 - (Bank/ Office • • .• E!!!!Siiiii2 ; 0 500' Approx. Scale CITY OF EDEN PRAIRIE FIGURE 3 TRAFFIC STUDY AT 5/C.S.A.H 4 ESTIMATED TRIP DISTRIBUTION PERCENTAGES FOR SHOPPING CENTER AND BANK BENSHOOF & ASSOCIATES, INC. TRANSPORTATION ANSI AHD USE CONSULTANTS ! , I Mr. Mike Franzen -9- July 3, 1986 Based upon the expected trip generation and distribution, development traffic was assigned to the roadway system via the most direct convenient route. Assignments were made for both 1) the approved unconstructed development (approxi- mately one half of the single family units and the elderly/ apartment complex) to account for "base" traffic conditions and 2) the proposed bank and shopping center developments. The gross trip generation was reduced by 10% to account for multi-purpose trips (for example between the bank and shop- ping center) and intercepted trips (vehicles currently on the roadway system which would stop at the proposed devel- opments). The assignment of trips via Sheldon Ave. was based upon the assumption that the intersection of C.S.A.H. 4 and Wagner Way would operate without significant conges- tion (as a result of candidate Improvements discussed later in this report) and upon the distance from specific devel- opment access points to destinations. For example, all trips to/from the north on C.S.A.H. 4 associated with the apartment complex were assigned via Sheldon Ave., while none of the bank trips were so assigned given the significant additional travel distance for bank trips using such a route. A portion of the shopping center trips were assigned via Sheldon Ave. given the proximity of a portion of the center and its access points to Sheldon Ave. Figure 4 presents the PM Peak Hour traffic assignments for the remaining components of the Gonyea P.U.D. with the exception of Phase II of the bank/office proposal. Figure 5 presents the PM Peak Hour traffic volumes upon development of Phase I of the P.U.D. (sum of existing traffic, approved development, shopping center, and Phase I of the bank/office proposal) prior to the proposed 1988 MnDOT and County improvements. TRAFFIC ANALYSIS Intersection of T.H. 5 and C.S.A.H. 4 The initial step in the traffic analysis is to determine the level of service at the Intersection of T.H. 5/C.S.A.H. 4 and to identify appropriate candidate solutions to Improve traffic operations as necessary. Level of service is a criteria of Intersection operation based on the ratio of the volume of traffic utilizing an intersection to the capacity of that intersection. Levels of service range from A to F, with A being a condition In which no significant delays or congestion occur, while F is a condition in which volume exceeds capacity resulting in congestion and delay. No Scale * - 1/2 Of Single Family/Elderly/Apartments CITY OF EDEN PRAIRIE FIGURE 4 TRAFFIC STUDY AT T.H. 5/C.S.A.H 4 P.M. PEAK HOUR DEVELOPMENT TRIPS 1,) IDANSPOATATION AND LAND USE CONSULTANTS -1 0- Legend: xx/xx/xx L-Shopping Center Bank - Phase 1 Other Approved PUD Development * M 0 INA CV 0 t•.n I, Sheldon Ave. X-- 8/0/14 5/0/6 srp Driveway For Prairie Village Mall N o N M (k k Wagner Way X2!-3/35/32 Ag----22/49/57 1/9/5 --10. t t‘i co *--- A) / T.H. 5 22/25/39 -1 1— o t icWagner Way 78 Ar---128 ig ---1 t ri( •••• CO 0 C.1 •—• CC 411, T.H. 5 94 543 66 No Scale IDANSPORTMION AND LAND USE CONSUL TAN TS POST DEVELOPMENT VOLUMES AT P.M. PEAK HOUR BENSHOOF & ASSOCIATES, INC. CITY OF EDEN PRAIRIE FIGURE 5 TRAFFiC STUDY Driveway For Prairie Village Mall Mr. Mike Franzen -12- July 3, 1986 Traffic signal operation is comprised of three principal components: • Cycle - the cycle Is essentially the total time allowed for all turn movements to complete their maneuver, In other words the total time allocated from the moment the signal turns green on. for example, the east approach, through the stop (red) condition, to the moment the signal again turns green for the east approach. The current cycle at T.H. 5/ C.S.A.H. 4 Is approximately 200 seconds, resulting In 18 cycles per hour during the p.m. peak hour. • Timing - the timing of a signal Is essentially the amount of green time allocated for each movement. The existing timing consists of approximately 0-30 seconds for the left turns on T.H. 5 (dependent upon the actual left turn volume during a given cycle), 105-135 seconds for through movements on T.H. 5, 55 seconds for the movements on C.S.A.H. 4, and 10 seconds for yellow or all red timing. . Phasing - The phasing of a signal is essentially the order in which movements occur. The current phasing allows left turns from T.H. 5, through movements on T.H. 5, and both the north and south approaches on C.S.A.H. 4 to operate at the same time. Figure 6A presents the levels of service at T.H. 5 and C.S.A.H. 4 for the Intersection as it Is currently designed and operates. This figure presents levels of service for the existing traffic and approved development in the Gonyea PUD and for conditions upon full development of Phase 1 of the Gonyea PUD statement. The levels of service for existing traffic are identical to those shown for the approved development scenario. As can be noted, under the approved developments scenario. T.H. 5 operates effectively, the through movements on C.S.A.H. 4 operate at an acceptable level of service D, but the left turns from C.S.A.H. 4 operate at a level of service F. This level of service F is consistent with observations of the operation of the inter- section and Indicates that the number of left turning vehicles exceeds the capacity of those movements. The capacity of those movements is principally affected by the significant opposing through volume which limits opportunity to perform the left turn maneuvers. The addition of traffic associated with the shopping center and Phase 1 of the bank proposal (full development) would further exacerbate diffi- culties with the left turns and result in levels of service F and E for through movements on the north and south approaches of C.S.A.H. 4, respectively. This analysis indicates that the addition of traffic associated with the proposals could cause significant deterioration in traffic operation through the intersection unless improvements are are implemented. X---Level Of Service For Existing + Full Development No Scale Legend: CITY OF EDEN PRAIRIE I FIGURE 6 TURNING MOVEMENT LEVELS OF SERVICE AT T.H. 5/ C.S.A.H. 4 FOR ALTERNATIVE INTERSECTION IMPROVEMENTS BENSHOOF & ASSOCIATES, INC. MANSPONTATION AND (AND USE CONSULTANTS -13- EXISTING INTERSECTION PHASING & TIMING T.H. 5 A/A A/A Legend: No Scale Level Of Service For I—Existing + Full Development X/X L----Level Of Service For Existing + Approved Development SPLIT PHASE INTERSECTION WITH REVISED SIGNAL TIMING T.H. 5 C or- A Mr. Mike Franzen -14- July 3, 1986 Three candidate solutions to Improve Intersection operation have been identified; • Split Phasing on C.S.A.H. 4 - This technique would change the signal phasing to allow one approach, for example the north approach, to proceed while the south approach were stopped. The north approach would then stop and the south approach proceed. Under similar circumstances, this split phase approach has generally Improved intersection opera- tion and also has achieved two other benefits: 1)less driver frustration and 2) fewer potentially hazardous maneuvers for left turning vehicles as there would be no opposing traffic. This technique would also allow through movements to utilize the Inside lane, thus better balancing the volumes in each approach lane. • Construction of Right Turn Lanes on C.S.A.H. 4 - This technique would remove the right turning vehicles which currently share the outside lane with through traffic, thus lowering the volume of traffic using the through lanes. The construction of right turn lanes would entail up to 18 feet of additional pavement on the south approach from T.H. 5 to Terrey Pine Drive. This improvement would result In both a right turn lane and two full approach lanes to T.H. 5 (the current roadway tapers to only one lane at Terrey Pine Drive). On the north approach, additional pavement width would vary from 6-9 feet between Wagner Way and T.H. 5 and might require drainage Improvements associated with the current ditch section along the western edge of the roadway. This study has not analyzed the engineering ramifications or financial feasibility of these improvements. • Additional green time for C.S.A.H. 4 - This would entail allocating additional green time for C.S.A.H. 4 movements by removing some of the existing green time allocated to T.H. 5. This would appear to be a feasible alternative In light of the existing levels of service for T.H. 5; however, given the function of T.H. 5, it is necessary to maintain viable traffic flow and levels of service for this arterial. These candidate solutions were tested to determine their effectiveness in accommodating development traffic at the T.H. 5/C.S.A.H. 4 intersection within acceptable levels of service. By altering the signal control to allow split phase movements on C.S.A.H. 4, but retaining the existing timing and geometrics, the south approach would operate at a level of service E with the addition of traffic associated with the shopping center and Phase 1 of the bank/office proposal. However, the north approach would operate at a level of service F, indicating that spilt phase operation by itself Is insufficient to accommodate the proposed development. ;,7 Mr. Mike Franzen -15- July 3, 1986 With a combination of split phase operation with existing timing and construction of right turn lanes on C.S.A.H. 4, the levels of service with the addition of the development traffic would be D and F on the south and north approaches, respectively. This would again Indicate that these two Improvements would be insufficient to accommodate develop- ment traffic within acceptable levels of service. Figure 68 presents the levels of service upon full develop- ment of Phase I with a split phase operation in which 10 seconds of green time were removed from the through move- ments on T.H. 5 and allocated to the north approach of C.S.A.H. 4. This scenario does not include construction of right turn lanes on C.S.A.H. 4, but would entail construc- tion of two full approach lanes from Terrey Pine Drive to T.H. 5. As can be noted from Figure 68, the level of service on C.S.A.H. 4 would be D and E for the north and south approaches, respectively, while still maintaining levels of service A or C on T.H. 5. These overall levels of service are acceptable for intersection operation and represent an improvement over the existing situation. Thus, the analysis indicates that revisions to the intersection signal control could result in sufficiently improved traffic operation so as to allow development of the proposals prior to 1988. If right turn lanes were constructed on C.S.A.H. 4, Intersection operations would be further improved with levels of service C and D on the north and south approaches respectively. The analysis of the Intersection indicates that, If signal timing and phasing revisions were made, the intersection would operate at better levels of service than currently exist even with the addition of traffic associated with the proposed developments. The Intersection operation would further Improve with the construction of right turn lanes on C.S.A.H. 4. Any revisions to signal operations at this intersection or roadway construction would require approval of the Minnesota Department of Transportation and Hennepin County. Intersection of C.S.A.H. 4 end Wagner Way As previously noted, with the exception of vehicles exiting Prairie Village Mall, this Intersection currently operates effectively. Vehicles exiting the Mall currently experience difficulty as a result of three factors: felI) Mr. Mike Franzen -16- July 3, 1986 . Volumes on C.S.A.H. 4 • The queue of southbound vehicles on C.S.A.H. 4 which occasionally extends from T.H. 5 to a point north of the exit. • The access point is only one lane wide requiring both left and right turning vehicles to occupy the same lane. The east approach of Wagner Way Is a 32 foot wide roadway, a width which Is Insufficient to ensure that right turning vehicles can bypass left turning vehicles. It is recom- mended that a right turn lane be installed on the east approach of Wagner Way in conjunction with the proposed developments. Figure 7 presents a conceptual layout for this Improvement. This improvement will not only improve operations for exiting vehicles, but will also ensure that right turns to travel north on C.S.A.H. 4 can be made easily. This ease of movement will further serve to Induce northbound traffic to utilize Wagner Way as opposed to using Sheldon Avenue to the north. The recommended revisions to the intersection of T.H. 5 and C.S.A.H. 4 are expected to Improve operations at the Wagner Way intersection through reducing the queue for southbound vehicles and the frequency with which this queue extends to Wagner Way. Table 3 presents the analysis of these queuing characteristics. TABLE 3 QUEUE LENGTHS ON NORTH APPROACH OF C.S.A.H.4 AT T.H. 5 1 Average Maximum Queue Distance Queue Distance Conditiog In feet In feet Existing Traffic/Existing Intersection Operations 381 571 Approved Development/Existing Intersection Operations 392 588 (Figure 6A) Full Development/Split Phase and Revised Timing 331 497 (Figure 68) Full Development/Split Phase- Revised Timing-Right Turn Lane 288 432 • Wagner Way Is located approximately 380 feet north of T.H. 5 CITY OF EDEN PRAIRIE BENSHOOF & ASSOCIATES, INC. TRANSPORTATION AND LAND USE CONSULTANTS TRAFFIC STUDY AT T.H. 5/C.S.A.H 4 FIGURE 7 CONCEPT PLAN FOR WAGNER WAY IMPROVEMENTS -17- Mr. Mike Franzen -18- July 3, 1986 As can be noted from Table 2. the Improvements serve to reduce the queue length despite the additional traffic associated with the shopping center and bank. The greatest reduction results from the combination of signal revisions and construction of right turn lanes; however, signal revision alone will result In improvements over existing conditions. The reduction In queue length will improve operation at this intersection by decreasing delays. Figure 8 presents the levels of service for turn movements at Wagner Way and C.S.A.H. 4 prior to 1988. These levels of service assume the signal revisions at T.H. 5 and the construction of a right turn lane on the east approach of Wagner Way. As can be noted, the exiting traffic from Prairie Village Mall will continue to operate at a level of service F. The left turns from the east approach of Wagner Way would also operate at a level of service F upon full occupancy of Phase 1 of the shopping center and bank propo- sals. Given the improved operation which would occur as a result of the reduction in queuing on C.S.A.H. 4 at this location, it Is expected that no significant change In the operation of this intersection, as compared to the existing situation, would be apparent with the Introduction of addi- tional traffic on the east leg of the Intersection. This level of service F would also be for a short period of time, probably less than one year from the time full occupancy of the proposals occurs until the 1988 proposed improvements are constructed. Therefore,in our opinion, this would be an acceptable situation. As noted, this intersection currently warrants sIgnallzation. It Is recommended that provisions be made to signalize this location In conjunction with the 1988 improvements. It would be desirable to widen the Prairie Village Mall driveway in conjunction with this signalization. As noted In the discussion of the traffic assignment, some use of Sheldon Ave. by trips to/from the north on C.S.A.H. 4 is expected for apartment and shopping center traffic, given the location of the access to these developments. The pro- vision of a right turn lane on Wagner Way is expected to eliminate usage of Sheldon Ave. by bank traffic and traffic to the greater portion of the shopping center. It is not anticipated that a significant number of vehicles destined to the south on C.S.A.H. 4 will use Sheldon Ave. despite the level of service for left turning vehicles on Wagner Way. While some delay will be experienced at Wagner Way, the significant distance traveled to utilize Sheldon Ave. Is not expected to result In a savings in travel time. For example, the distance from the bank/shopping center access point to the Intersection of Wagner Way and C.S.A.H. 4 Is ,1^; , II No Scale Legend: r--Existing + Full I Development X/X L____Existing CITY OF EDEN PRAIRIE BENSHOOF & ASSOCIATES, INC. INANSPORTATION AND LAND USE CONSULTANTS FIGURE 8 TRAFFIC STUDY AT T.H. 5/C.S.A.H 4 TURNING MOVEMENT LEVELS OF SERVICE AT.C.S,A.H.- 4/WAGNER WAY -19— EXISTING INTERSECTION WITH 2-WAY STOP ON WAGNER WAY jj , Driveway For Prairie Village Mall Wagner Way Mr. Mike Franzen -20- July 3, 1986 proposed to be approximately 200 feet versus a distance of over 2000 feet If the Sheldon Ave. route were used. Table 4 presents the expected PM Peak Hour and Daily Traffic on Sheldon Ave. east of Its intersection with Wagner Way. TABLE 4 ESTIMATED TRAFFIC VOLUMES ON SHELDON AVENUE Use PM Peak Hour Vehicles Daily Vehicles Single Family 25 250 Apartments 20 160 Shopping Center 30 275 Total 75 685 The additional traffic associated with the shopping center (1 car every two minutes during the PM Peak Hour) Is not expected to have significant Impacts on safety or traffic flow on Sheldon Ave. CONCLUSIONS This study has analyzed the traffic Impacts on the public roadway system of the Prairie Courts Shopping Center and Minnetonka State Bank proposals. The principal conclusions of the analysis are: • The shopping center will generate more traffic on both a daily and PM Peak Hour basis than the previously approved development for the site. • The bank/office proposal upon completion of Phase 11 will generate less daily traffic, but more PM Peak Hour traffic than the previously approved development for the site. • The intersection of T.H. 5 and C.S.A.H. 4 currently experiences congestion and delays for vehicles turning left from C.S.A.H. 4 onto T.H. 5. The west leg of the intersection of C.S.A.H. 4 and Wagner Way (Prairie Village Mali access) currently experiences congestion and delay as a result of the design of the access point, volumes on C.5.A.H. 4, and queuing of southbound vehicles on C.S.A.H. 4. Mr. Mike Franzen -21- July 3, 1986 • The additional traffic associated with the proposed development will reduce the levels of service for traffic operation at C.S.A.H. 4/1.11. 5 and exacerbate delay and congestion at Wagner Way unless Improvements are Instituted. • With temporary Improvements, prior to roadway improve- ments proposed by MnDOT and Hennepin County in 1988, the intersection of T.H. 5/C.S.A.H. 4 can accommodate development traffic at levels of service which are better than currently exist. These improvements will result In acceptable traffic operations at Wagner Way, comparable to the current conditions, for the short period prior to completion of the permanent roadway Improvements in 1988. • The preferred Improvements, which are dependent upon funding sources and financial/engineering feasibilit y , consist of split phase signal control at T.H. 5 and C.S.A.H. 4, additional green time allocated to the north approach, and construction of right turn lanes o n both C.S.A.H. 4 approaches. • The minimum Improvements necessary to accommodate development traffic consist of spilt phase signal control, additional green time for the north approach , and construction of two full approach lanes on C.S.A. H . 4 from Terrey Pine Drive to T.H. 5. • These improvements will require approval by the Minne - sota Dept. of Transportation and Hennepin County. • A right turn lane should be constructed on the east approach of Wagner Way to improve traffic operations and reduce the potential for usage of Sheldon Ave. • Provisions should be made to provide traffic signal control at C.S.A.H. 4/Wagner Way in conjunction with the 1988 improvements. Redesign of the Prairie Villag e Mall access point should be consistent with signal installation. Development traffic Is not expected to create signif- icant traffic impacts on Sheldon Ave. If the recom- mended temporary improvements and right turn lane on Wagner Way are Installed. qz am allniki El m =MIMI 11111111111Milill •IMMO NNW :1":7ASIALINP 1111PrrnildA 4&EL. PROPOSED SITE EEN so STAFF REPORT TO: FROM: TRTUGH: DATE: PROJECT: LOCATION: Planning Commission Michael D. Franzen, Senior Planner Chris Enger, Director of Planning June 20, 1986 Prairie Courts Northeast quadrant of the intersection of County Road #4 and Wagner Way APPLICANT: Ronald A. Christenson FEE OWNER: Dennis Gonyea REQUEST: 1. Comprehensive Guide Plan Amendment from Office to Neighborhood Commercial on 3.7 acres. 2. Planned Unit Development Concept Amendment on 37.19 acres. 3. Planned Unit Development District Review on 37.19 acres with variances for Floor Area Ratio and number of parking spaces. 4. Zoning District Change from Rural to Neighborhood Commercial on 3.7 acres. 5. Preliminary Plat of 3.7 acres into one lot. Background This project was last reviewed at the May 9, 1986, meeting. The public hearing on that item was closed and the development plans were returned to the proponent for revisions and additional information. Issues raised at that meeting included: providing a canopy over the sidewalk, providing a better transition to the single family homes to the north, providing a better screening of parking areas, and traffic impacts. Canopy Over S;dewalk The previous Staff Report had /4/- 1616 AREA LOCATION MAO, nz) Prairie Courts 2 June 20, 1986 indicated a requirement for an eight-foot wide canopy over the entire length of the sidewalk on the front side elevation of the building as a convenience to shoppers to provide relief from sun, rain, and snow. The architectural plans have been revised to provide an eight-foot wide continuous canopy across the entire front of the building. Transition to the Single Family Area to the North The landscape plan has been revised in accordance with previous recommendations for additional and larger plant materials. The conifer tree sizes have been increased to eight to ten feet in height and the deciduous trees have been increased to four to six-inch caliper. Better Screening of Parking Areas Additional coniferous trees have been planted around the perimeter of the site and the berms raised to the maximum height possible within the setback areas. This will provide a better screening of the parking area than the previous plan. Traffic In order for the developer to proceed with the construction of this project prior to the upgrading of the County Road Highway #5 intersection, a traffic study was to be completed which would ascertain the traffic impacts and provide recommendations, if any, that would keep the intersection operating at the current level of service. The developer wishes to proceed with an approval of the project being contingent upon the final upgrading of the intersection by the County and State expected within 2 years. The project could not be built until the intersection improvement was underway and not be opened until the road improvements were complete. Previous traffic analysis of the project shows that the improved intersection will handle the traffic very well. Site Plan Revisions The County has reviewed this project and recommends that additional right-of-way be provided where shown on Attachment A. In order to meet the parking setbacks per Code of 35 feet from County Road #4, the parking lot must be redesigned and shifted to the east. Moving the interior parking spaces to the east will result in the loss of two parking spaces. This means that the total parking provided would be 189 or a ratio of 5.9 spaces per 1,000 square feet of floor area. Although the ratio is somewhat less than the 5.99 spaces per 1,000 on the previous plan, it is consistent with other retail centers approved in the community at a similar size and mixture of uses. The variance on the number of parking spaces can be granted as part of the Planned Unit Development (PUD) District Review. Architectural Revisions In addition to the revision of the canopy across the front elevation of the building, the building materials on the rear side elevation have been changed to primarily stucco. Stucco can be used as an accent material not to exceed 25% of the wall of the building. The rear side elevation should be modified to reflect a minimum of 75% face brick. Mechanical equipment screening has been improved by providing parapet wall mei :,71( Prairie Courts 3 June 20, 1986 IrL extensions along the east and west sides of the building and adding more height to the screening proposed on the previous plan. STAFF RECOMMENDATIONS Staff would recommend approval of the request for Comprehensive Guide Plan Amendment from Office to Neighborhood Commercial on 3.7 acres, Planned Unit Development Concept Amendment and Planned Unit Development District Review, with variances for Floor Area Ratio and parking spaces on 37.19 acres, a Zoning District Change from Rural to Neighborhood Commercial on 3.7 acres and a Preliminary Plat of 3.7 acres into one lot based on plans dated June 2, 1986, subject to the recommendations of the Staff Report dated May 9, 1986, and June 20, 1986, and subject to the following recommendations: 1. Prior to Council review, proponent shall: A. Modify the site plan to relocate parking areas in compliance with minimum setbacks for commercial zoning. B. Modify the rear side architectural elevations to indicate a minimum of 75% face brick. C. Provide an overall signage plan with details for review, with lettering to be of a consistent size, color, and style, and located within the proposed signage box area on the front building elevation. D. Provide an overall lighting plan with details for review. Lighting shall be a maximum of 20 feet high with downcast cut-off luminars. Any lighting affixed to the building shall also be of a downcast variety. 2. Prior to Final Plat approval, proponent shall: A. Provide storm water run-off and erosion control plans for review by the Watershed District. B. Provide detailed storm water run-off, utility, and erosion control plans for review by the City Engineer. C. Concurrent with Final Plat approval, dedicate additional right-of- way as depicted on Exhibit A. 3. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Notify the City and Watershed District at least 48 hours in advance of grading. 4. C. Provide examples of exterior building materials for review. Construction of a five-foot wide concrete sidewalk along Wagner Way and internal five-foot wide concrete sidewalk connections between the building and this sidewalk. 5. This project shall not proceed until the intersection at County Road #4 and Highway #5 has been upgraded. L Ook 00$4 COUNTY ROAD 4 — - L 'n eL---11 — .01•N V A N4442. N'kv o te; E SITE PLAN SITE SECTION EAST E Parking Lot Changes Attachment A !04 '.4g,114 1• iiiiii Di 10 Jr/ AREA LOCATION MAP 1 11'7X7 9 -13 tau upliNIMPRIMPRIN altigiall 411 mo rtliav AllditIVII °NE I &I MF" 01M111144111ftem.. Pea ii"14 .; 'ff 145 32.2 (TT; OM 1111 .1111/11111.1.71 ir5IMINI 14141 UMW pow PO "•-•••Arop •n • 43gP=C;4 i, srrE, 97i STAFF REPORT Planning Commission Michael D. Franzen, Senior Planner Chris Enger, Director of Planning May 9, 1986 Prairie Courts Ronald A. Christenson Dennis Gonyea Northeast quadrant of the intersection of County Road #4 and Wagner Way. 1. Comprehensive Guide Plan Amendment from Office to Neighborhood Commercial on 3.7 acres. 2. Planned Unit Development Concept Amendment on 37.19 acres. 3. Zoning District Change from Rural to Neighborhood Commercial on 3.7 acres with variances for Floor Area Ratio and number of parking spaces to be reviewed by the Board of Appeals. 4. Preliminary Plat of 3.7 acres into one lot. TO: FROM: THROUGH: DATE: PROJECT: APPLICANT: FEE OWNER: LOCATION: REQUEST: Background The Comprehensive Guide Plan cur- rently depicts this site as an Office land use. Surrounding land uses are Low Density Residential to the north, Medium Density Res- idential to the east, Community Commercial to the south, and Community Commercial to the west. This site was previously planned for office use as part of the 1979 Gonyea Planned Unit Development (PUD) and the 1984 Gonyea PUD Amendment. The concept plan de- picted a total building square footage of 36,000 square feet contained in two buildings. Attach- ment A depicts the 1984 Gonyea PUD. Prairie Courts 2 May 9, 1986 Site Plan The site plan involves the construction of a one-story, 34,080 square foot, retail strip mall on 3.7 acres at a Floor Area Ratio (FAR) of 0.21. Neighborhood zoning would allow a 0.2 FAR maximum. This will require a variance from the Board of Appeals. Initially, the building was proposed at a 0.2 FAR, but there was a service lane around the back of the building. In order to provide green area for transition and plantings, a 2,000 square foot enclosed service area was added to the back of the building. Building and parking areas meet the minimum setback requirements for Neighborhood Commercial zoning. A total of 191 parking spaces, including actual and proof-of-parking are provided at a ratio of 5.99 spaces per 1,000 square feet of Gross Floor Area (GFA). The actual parking provided is 187 at a ratio of 5.73 spaces per 1,000. Parking requirements for commercial uses are eight spaces per 1,000. This will require a variance from the Board of Appeals. The ratio of 5.99 spaces per 1,000 is consistent with other retail centers approved in the community at a similar size and mixture of uses. Three access points are provided to this site, all of which are off Wagner Way. The western entrance is 220 feet back from County Road #4 which should provide fo r adequate stacking distance. The center access aligns opposite the entrance into th e multiple family housing site to the south. Architecture A one-story, 16-foot high building is proposed. There is a four-foot high parape t wall across the front and side elevations of the building and an eight-foot parape t wall along the rear side of the building. The parapet wall is included for tw o purposes: one, to screen rooftop mechanical units, and two, to provide a clea n residential look across the back of the building facing the adjoining single family homes. The primary building material is proposed to be facebrick, and wood would be utilized as an accent material over the entrances. Examples of exterior building materials must be submitted for review prior to building permit issuance. There are four main entrances to the strip mall with five tenants off each enclosed court. The court area will be covered with a translucent metal canopy to allow for interior light. As with other strip malls within the community, canopies have been required over the walkways as a convenience to shoppers in order to provide relief from sun, rain, and snow. The enclosed courtyard concept only partially addresses this need. An eight-foot canopy should be constructed across the entire front length of the building. The building is designed with a service entrance off the east and west elevations of the building. This project is different as compared to other strip malls in that there is no outside loading area across the back of the building. The back of the buildings would be serviced through an enclosed service corridor. Confining the service entrances to the ends of the building, provides for 20 feet of green area behind the building which helps provide transition to the adjoining single family homes. Prairie Courts 3 May 9, 1986 Landscaping The landscape plan provides a total of 349 caliper inches. The Code requirement is 107 inches. The additional caliper inches are required for screening of the parking areas along Wagner Way and County Road #4 and to provide an appropriate visual transition to the adjacent single family homes to the north. Due to the 171/2-foot setback along Wagner Way, berming alone cannot be constructed high enough to effectively screen the parking area; therefore, screening must rely on plant materials alone. The planting plan is not effective enough to provide for an appropriate level of screening and would benefit from additional coniferous plantings along Wagner Way. Since County Road #4 is at a higher elevation than the adjoining property, it will not be possible to construct a berm high enough to screen the parking areas. Along Wagner Way, additional coniferous plantings will be necessary to provide for effective screening. Transition to the single family homes to the north is provided through berming and landscaping. No service doors or mechanical units will be visible from the rear of the building since mechanical units are screened with a parapet wall and the service entrances are on the side of the building. The view of the rear of the building would be a brick wall with varying heights and sloped roof elements which helps create a residential look. The use of landscaping and sloping of the ground up on the rear wall to soften the view of the building and reduce the overall length. The number of plant materials proposed is adequate; however, the sizes are small and should be increased. The minimum conifer size should be a mixture of eight and ten- foot heights. The minimum deciduous size should be a mixture of four to six-inch caliper. Grading and Utilities This site has previously been rough graded with the approval of the PUD Concept and platting in 1984. Grading of the property at this time will prepare the site for a building pad and the parking area. Sewer and water service is available to this site by connection to existing sewer and water lines in Wagner Way. Storm water run-off is proposed to sheet drain across the parking areas into catch basins. From these collection points, water will drain through underground storm water run-off types to an existing storm sewer system in Wagner Way which has an ultimate discharge into the pond adjacent to Highway #5. Sidewalks Since this site is proposed as a neighborhood commercial center, providing a range of goods and services for the immediate adjacent residential areas, there should be a five-foot wide concrete sidewalk constructed along the north side of Wagner Way from County Road #4 up to Sheldon Avenue. In addition, there should be appropriate on-site connections between this sidewalk and the buildings, and a connection between buildings and the trail along County Road #4. Traffic Total traffic expected to be generated from a commercial project of this size would be a total of 88 P.M. peak hour trips. This would compare to a total of 69 P.M. peak hour trips for the site based on 36,000 square feet of office. This is a 10% ,,:a Prairie Courts 4 May 9, 1986 increase in traffic over the approved concept plan. The critical turning movement would be the left turn from this site onto southbound County Road #4. Because of the heavy traffic volumes in a north/south direction on County Road #4, the traffic situation may be more of an inconvenience for people trying to leave the commercial site as opposed to a traffic safety problem at the intersection of Wagner Way and County Road #4. It is therefore important to have an adequate stacking distance back from the intersection of Wagner Way and County Road #4 to the closest driveway entrance. A total distance of 220 feet is provided, which should be adequate. A 1979 traffic study, prepared for the Gonyea PUD, indicated that the total P.M. peak hour traffic was a total of 311 trips. At that time, the level of service at the intersection of County Road #4 and Highway #5 was a D+ condition. Since 1979, through traffic has increased, land uses have changed, and additional uses built. This suggests that the current level of service may be different. In order for the project to proceed prior to the County Road #4 and Highway #5 intersection upgrading in 1988, the proponents should provide a traffic study indicating the current level of service of the intersection and what affect this project would have on it. This should be submitted prior to Council review. Attachment B indicates trip generation estimates for the proposed Gonyea PUD as of May 1986. It is important to note, where underlined, that a drive-in bank is included and would replace the two commercial fast-food restaurants on the south side of Wagner Way. Though this is not part of the current request, Staff has been talking to developers about a bank and office complex on the two fast-food restaurant sites which would include 6,000 square feet of bank and 30,000 square feet of office. Commission should see a specific rezoning request for the bank in the near future. It is important to note that the P.M. peak hour traffic for the bank generates 315 P.M. peak hour trips which is a 57% increase over the current approved PUD plan. It will be necessary that the proponents for the bank provide a detailed traffic study indicating how the bank facility can work in conjunction with the existing road system. Signage Signage is a critical element on any strip mall. Because of the length of the building, it is important that the signage be located in a consistent area across the building. It is also important that the lettering be of a consistent size and style. Prior to Council review, the proponent should submit an overall signage plan with details for review. Lighting Since this site is immediately adjacent to the single family homes, it is important that glare from lighting be minimized. Any lighting proposed on the back of the building should be minimal and downcast cut-off luminars. Lighting throughout the parking lot should be a maximum of 20 feet high and also be downcast cut-off luminars. STAFF RECOMMENDATIONS Staff would recommend approval of the request for Comprehensive Guide Plan Change from Office to Commercial, Planned Unit Development Amendment from Office to Commercial, a Rezoning from Rural to Neighborhood Commercial, and a Preliminary Plat based on plans dated May 9, 1986, subject to the recommendations contained in the Prairie Courts 5 May 9, 1986 Staff Report dated May 9, 1986, and subject to the following conditions: 1. Prior to Council review, proponent shall: A. Submit revised architectural plans which provide for an eight-foot wide canopy across the front elevations of the building. B. Modify the landscape plan to add additional coniferous trees along Wagner Way and County Road #4. Plant material sizes should be Increased across the rear side of the building to an eight to ten- foot height for conifers and four to six-inch caliper for shade trees. C. Submit an overall signage plan with details. D. Modify the site plan to indicate a five-foot wide concrete sidewalk along the north side of Wagner Way and appropriate internal concrete sidewalk connections to this sidewalk and the trail along County Road #4. E. Submit a detailed traffic study which indicates the current level of service for the County Road #4 and Highway #5 intersection and what affect this project would have on it. Prior to Final plat approval, proponent shall: A. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. B. Submit detailed storm water run-off, utility plans, and erosion control plans for review by the City Engineer. 3. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Notify the City and Watershed District a minimum of 48 hours in advance of grading. C. Submit samples of proposed exterior building materials for review. D. Submit an overall lighting plan with details for review. our.. I I I to • I— -- •-• • 1 -- ni • I. . • ,/e,• - /1 - 1. .' - II , t /- I I • 1 t ... / 1 S ‘`.....,7' tr .v.., --,s' it ;/•. N, ti. \‘'.... . --.3-12.11 \ . )i s ' '‘n• - I . . \ i ,---- ---- 11 • \ 1 ' I \ i 1 i . ......,--1 - ------- / / I fir; 17:47.! Wan pond & open vacs 4,101 4.; 1, I on. \ 714 I I / , _ .... .. , • ..... 004.8 , O,t411/41. Gonyea ItwestrnPnt nnInnnnt, i-R,6 Attachment A TRIP GENERATION ESTIMATES FOR PROPOSED DEVELOPMENT Northeast Quadrant of County State Aid Highway 4 and Trunk Highway 5 May 1986 Single Family 31 detached 10.0 Residential Elderly Residential 56 units 3.3 Family Residential 56 units 6.1 General Office 30,000 s.f. 12.3 Mixed Commercial 30,080 s.f. 35.0 *Drive-In Bank 7 Lanes (6000 s.f.) 300 TOTAL Total Estimated P.M. Peak Hour 543 Trips Sources: Trip Generation, Institute of Transportation Engineers. BRW 1985 Traffic Study. *Projections based on limited samples, we estimated 35 trips/lane for p.m. peak. Land Use Units Trip Generation Rate Average Daily Trip Ends P.M. Peak Hours In Out 310 185 342 369 1,128 2,100 .4,434 22 12 13 9 25 13 9 43 37 45 140 175 246 297 Attachment Co Planning Commission Minutes 3 June 23, 1986 B. PRAIRIE COURTS, by Ronald A. Christenson. Request for Comprehensive Guide Plan Amendment from Office to Neighborhood Commercial on 3.7 acres, Planned Unit Development Concept Amendment on 37.19 acres, Planned Unit Development District Review on 37.19 acres with variances, Zoning District Change from Rural to Neighborhood Commercial on 3.7 acres, and Preliminary Plat of 3.7 acres into 1 lot for construction of a 32,000 square foot commercial center. Location: East of County Road #4, north and west of Wagner Way. A public hearing. Mr. John Uban, representing proponents, reviewed the plans presented to the Iz Planning Commission Minutes 4 June 23, 1986 Commission at a previous meeting. He noted that changes had been made in accordance with the recommendations of the Commission made at that time. He stated that the sidewalks were linked to the City's trail system. Mr. Uban stated that proponents would prefer not to have a sidewalk located at the south perimeter of the site, but rather, have sidewalk located along the store fronts. He added that proponents were willing to work with Staff in order to solve the internal circulation problems on the property. With respect to traffic, Mr. Uban stated that the development of this portion of the overall Gonyea 4th Addition Planned Unit Development would not increase the burden of traffic anticipated at this site based on the 1980 PUD approved land uses. Mr. Gary Vogel, architect for proponents, reviewed revisions to the architecture made since the last review of this development by the Commission. He also reviewed the exterior materials to be used on the structures. Planner Franzen presented the findings and recommendations of the Staff Report of June 20, 1986, to the Commission, noting that the major concern of Staff was traffic at the intersection of County Road #4 and Highway #5. He stated that the letter received from the proponents at the meeting this evening was requesting approval to proceed with the development, pending receipt of traffic information from the City's consultant. Various alternatives of the traffic study were discussed, including split phasing of the lights at the intersection and the addition of right-turn lanes. Ruebling asked if these recommendations were to be implemented by the County, or State, at this time. Planner Franzen responded that this had been discussed with the County and State transportation offices and that the response of both agencies was that they were not willing to participate in "wholesale changes" at this time, considering the upgrading of the intersection was to take place in 1988. Planner Franzen stated that the County had mentioned a willingness to consider arguments for the split phasing of the lights at the intersection. Hallett stated that it had always been his understanding that there would be no further development of the property at this intersection until the intersection was upgraded. Planner Enger stated that proponents were asking for elimination of the condition regarding no development until the upgrading of the intersection _ took place. He stated that the proponents were willing to accept the results of the traffic study underway at this time, but were asking that they be allowed to develop if it could be shown that traffic would not be significantly impacted by the development. Dodge asked how long it would be before the intersection improvements were installed. Planner Enger responded that it could be two, or more, years. Hallett stated that he felt the amendments to the site plan and architectural features of the development were positive; however, he was concerned about the impact of traffic on the intersection of County Road #4 and Highway #5. He added that he did not feel that making temporary /1)0 Planning Commission Minutes 5 June 23, 1986 Improvements to the intersection, such as split phasing of the lights, was an adequate answer to the traffic problems at the intersection. Hallett expressed concern that proceeding with interim improvements may forestall final upgrading of the intersection beyond 1988. Hallett stated that this was a situation that all parties were aware of from the first proposal for development of the property ,n 1980 and that he felt strongly that the improvements should be completed before further development was allowed. Anderson asked about the concerns of the residents along Sheldon Avenue with respect to the introduction of traffic into their neighborhood from this proposed commercial development. Planner Enger responded that the traffic consultants for the City were considering this situation as part of their study, also. He noted that the interim improvements may create a worse condition than would take place upon completion of all improvements to the intersection. Bye stated that she was uncomfortable with the traffic conditions as proposed. She stated that she was reluctant to proceed with a recommendation on the proposed development without the information from the traffic study. Chairman Schuck concurred. Anderson stated that he felt no development should take place until the intersection was improved. Dodge expressed concern that the interim improvements may displace, or delay, final improvements to the intersection. Mr. Uban stated that proponents were looking for approval of the site plan, only, at this time, with the understanding that actual development would be dependent upon the results of the traffic study. He asked if the issues, other than traffic, could be approved at this time and asked for the City's help in expediting the improvement to the intersection of County Road #4 and Highway #5. Chairman Schuck stated that he felt the site plan was well designed and that proponents had incorporated the concerns of the Commission in their redesign of the project. Bye concurred, stating that the City should contact the legislature with respect to funding priorities for this intersection improvement. Ruebling stated that he concurred with Anderson's earlier stated concern with respect to traffic impact upon Sheldon Avenue residents. He stated that he felt it was unacceptable that the residents along Sheldon Avenue be placed in a position where traffic would be worse for them with interim improvements to the intersection. Anderson and Dodge concurred. Dodge asked about the type of office uses proposed for the development. Mr. Uban responded that the office users would be of a "soft neighborhood office" type, and may include insurance sales, realtors, barber shops, etc. Planning Commission Minutes 6 June 23, 1986 MOTION 1: Motion was made by Hallett, seconded by Anderson, to close the p u b l i c hearing. Motion carried--6-0-0 MOTION 2: Motion was made by Hallett, seconded by Ruebling, to recommend to : the City . Council approval of the request for Comprehensive Guide Plan Amendment f r o m Office to Neighborhood Commercial on 3.7 acres for PrairieCourts, base d o n plans dated June 2, 1986, subject to the recommendations of the Staff Re p o r t dated June 20, 1986. Motion carried--6-0-0 MOTION 3: Motion was made by Hallett, seconded by Ruebling, tO ,recommend to the City . Council approval of the request for Planned Unit Development Con c e p t Amendment, Planned *it Development :District Review with variances for F l o o r Area Ratio and parking spaces, and Zoning District Change : from Rural to Neighborhood Commercial for -37 acresJor :Prairie Courtsbased on plans dated June 2, 1986, subject to the recommendatitms of theStaff.Reportda t e d June 20, 1986. Motion carried--6-0-0 MOTION 4: Motion was made by Hallett, seconded by Rueblingi to recommend to Council approval of the request for Preliminary ,Plat of 3.7 acres lot for Prairie Courts, based on plans dated June:2, 1906, -subject recommendations of the Staff Report dated June 20, 1986. — Motion carried--6-0-0 the City into one to the 011‘2' CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-177 VACATION OF SNOW FENCE EASEMENT ON LOT 1, BLOCK 1 & OUTLOT A, LEE DATA • WHEREAS, the City of Eden Prairie has a snow fence easement on Lot 1, Block 1 & Outlot A, Lee Data; WHEREAS, a public hearing was held on July 15, 1986, after due notice was published and posted as required by law; WHEREAS, it has been determined that the said snow fence easement is not necessary and has no interest to the public, therefore, shduld be vacated. NOW, THEREFORE, BE IT RESOLVED by the Iden Prairie City Council as ,follows,:' - 1. Said snow fence easement as above described is hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of the proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on July 15, 1986. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk OPUS CORPORATION DEsiGNERs• BUILDERS • DEVELOPERS June 10, 1986 CERTIFIED MAIL Mr. Eugene Dietz City Engineer City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Snow Fence Easement Removal Dear Mr. Dietz: Per my discussion with yourself and Richard Rosow, I am by this letter requesting you to sign the attached letter indicating that you will recommend approval of the vacation of a snow fence easement in respect to the land (the "Lee Data property") legally described as follows: Lot 1, Block 1, and Outlot A, LEE DATA, according to the plat thereof on file and of record in the Office of the Registrar of Titles in and for Hennepin County, Minnesota. A copy of that plat is enclosed for your information. My request is necessitated by the fact that a company I am representing (Byte Investment Partnership I, a Minnesota general partnership) is selling the Lee Data property to Lee Data Corporation, and such purchaser has objected to the existence of snow fence easements created by Hennepin County Documents Nos. 1342921 and 1345789 (see redlined copies thereof attached to the enclosed letter.) It is our belief that those snow fence easements should run parallel to Highway 169 to the West of Flying Cloud Drive, on property currently owned by the City of Eden Prairie (Outlot B in the plat of LEE DATA), although those documents do not so restrict their location. The sale of the Lee Data property is anticipated to close on June 12, 1986. The delivery of the attached letter is a condition precedent of that closing, so your prompt attention to this matter is appreciated. Also, your diligent prosecution of this vacation procedure is required inasmuch as we have commit'..ed to our purchaser's title insurance company to have these 043 OPUS AND FsFIL LAT E S IN mINNE ABOL IS • CHICAGO. PliDENIX • MILVAWKEE • DUN% • PENSACOLA XE CU TivE OFFICES 600 OPUS CENTER • 9900 BRED ROAD EAST • PO BOA ISO • MINNEAPOLIS. MINNESOTA 53..0 WEI B36-4444 /-)44 OPUS CORPORATION easements removed within thirty (30) days of that closing. I am also enclosing a check for One Hundred and No/100 Dollars ($100.00) as the fee for the vacation of the snow fence easements. If you have any further questions or comments, please contact me at your earliest convenience. /bjr Enclosures Sincerely, Daniel J. JoYce Staff Attorney Sincerely, 4,c Eugene Dietz City Engineer June 10, 1986 Lee Data Corporation Title Insurance Company of Minnesota c/o Opus Corporation P. 0. Box 150 Minneapolis, Minnesota 55440 RE: Snow Fence Easement Removal To Whom it May Concern: As City Engineer for the City of Eden: Prairie, I am writing this letter to show my intent to recommend approval of the vacation of a snow fence easements in respect of the land ' legally described as follows: Lot 1, Block 1, and Outiot A, LEE DATA, according to• the plat thereof on file and of record in the Office of the Registrar of Titles in andfor'Hennepin'County, Minnesota A copy of that plat is enclosed for your information.: The existence of the snow fence easements-'werecreated: by Hennepin County Documents Nos, 1342921 and 134578-9 .. easements were conveyed to the City of Eden Rrairip byQuit Claim Deeds filed as Document No. 4718.845 in the,cffice„ of the :Bennepin . County Recorder and as Document No. 1469904 in the Office of the Registrar of Titles. The process of the vacation of said easements will begin today, as I have received the fee for such vacation from Opus Corporation. If you have any questions or comments, please contact me at your earliest convenience. DISTRIBUTIONS BY FUND 10 11 15 31 33 356621.88 9482.01 64393.65 47237.39 420.00 271534.00 51594.19 39 2215.60 45 371.57 51 144143.70 73 20031.11 77 88440.38 81 900.00 $1057385.48 JULY 15,1986 . VOID OUT CHECK VOID OUT CHECK CHUCK E CHEESE & PIZZA TIME THEATR CIRCUS MIKE SMITHSON PETTY CASH VOID OUT CHECK NICOLE LANGLEY AMERICANA FIREWORKS DISPLAY CO BRAD HINSETH TOTAL ENTERTAINMENT-SOUND & LIGHT MINNESOTA REC & PARK ASSOC HOPKINS POSTMASTER VOID OUT CHECK MENARDS MARGARET J FINLEY ELIZABETH ABBOTT MEREDITH & JESSICA FREE SETH KANNE WENDY NICPON MOLLIE & KATIE PATTYN RENEE SCHUSTER CHAD WALLEBECK DEPT OF NATURAL RESOURCES COLLEGE OF ST THOMAS COLLEGE OF ST THOMAS AT & T INFORMATION SYSTEMS NORTHWESTERN BELL TELEPHONE CO ED PHILLIPS & SONS CO EAGLE WINE CO EAGLE WINE CO PRIOR WINE CO TWIN CITY WINE CO QUALITY WINE CO MARK VII SALES CAPITOL CITY DISTRIBUTING CO MINNESOTA DEPARTMENT OF P/S ROBB ANDERSON BILL DOLNY MELANIE GILLIS AMANDA HOWER MAY PEDERSON METROPOLITAN COUNCIL TEXAS INSTRUMENTS HENNEPIN COUNTY TREASURER MINNESOTA CHIEFS OF POLICE ASSOCI NORTHERN STATES POWER CO BEER WHOLESALERS INC CAPITOL CITY DISTRIBUTING CO COCA COLA BOTTLING CO DAY DISTRIBUTING CO EAST SIDE BEVERAGE CO KIRSCH DISTRIBUTING CO MARK VII SALES PEPSI/7-UP BOTTLING CO 37679467 EXPENSES-SUMMER PROGRAMS EXPENSES-SUMMER PROGRAMS REFUND ICE RENTAL TIME-COMMUNITY CENTER PETTY CASH FUND-COMMUNITY CENTER REFUND-SWIMMING LESSONS FIRE WORKS DISPLAY FOR THE 4TH OF JULY ENTERTAINMENT FOR THE 4TH OF JULY ENTERTAINMENT FOR THE 4TH OF JULY SOFTBALL PLAYOFFS/FEES PD POSTAGE-SENIOR NEWSLETTER POLY PLASTIC-4TH OF JULY CELEBRATION SWIMMING INSTRUCTOR/FEES PD REFUND-KIDS KORNER REFUND-HYLAND PARK TRIP REFUND-CIRCUS TRIP REFUND-HYLAND PARK TRIP REFUND-HYLAND PARK TRIP REFUND-HYLAND PARK TRIP REFUND-HYLAND PARK TRIP PERMIT FOR VALLEY VIEW ROAD REGISTRATION-HUMAN RESOURCE COORDINATOR REGISTRATION-CITY MANAGER SERVICE SERVICE LIQUOR LIQUOR WINE WINE LIQUOR LIQUOR WINE WINE MOTOR VEHICLE REGISTRATIONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SKATING LESSONS REFUND-SWIMMING LESSONS OVERPAYMENT OF PARK FUNDS-GRANT #7419 CALCULATOR-ENGINEERING DEPT TAXES AND PENALTY-AUTUMN WOODS DUES-POLICE DEPT SERVICE BEER BEER MIX BEER BEER BEER BEER MIX 42.32- 168.00- 30.00 186.00 217.00 40.00 0.00 14.00 4862.00 170.00 490.00 3100.00 33.06 0.00 8.76 192.00 10.00 5.00 3.00 2.50 5.00 2.50 2.50 230.00 175.00 1350.00 22.35 91.98 7126.11 5042.10 1484.79 590.09 10381.98 3648.89 238.14 608.36 125.75 40.00 40.00 14.00 13.00 18.00 271534.00 30.00 14.64 30.00 16603.24 7036.13 16.25 744.27 6281.00 9051.65 333.60 24126.15 590.20 28165 28228 dr '82 1,283 28284 28285 28286 28287 28288 28289 28290 28291 28292 28293 28294 28295 28296 28297 28298 28299 28300 28301 28302 28303 28304 28305 28306 j(07 38 309 28310 28311 28312 28313 28314 28315 28316 28317 28318 28319 28320 28321 28322 28323 28324 28325 28326 28327 28328 28329 28330 28331 28332 ar-13 a. 34 1746 JULY 15,1986 . CITY-COUNTY CREDIT UNION JAY A DEDEKER TWIN CITIES MUSICIANS UNION TRUSTEE MPTF TOM KOCH MARK BRIERE DIANE BURGER CRAIG OLSON ANNA FRITZSIMMONS CECILEE FITZSIMMONS FEDERAL RESERVE BANK COMMISSIONER OF REVENUE DEPARTMENT OF EMPLOYEE RELATIONS DEPARTMENT OF EMPLOYEE RELATIONS PHYSICIANS HEALTH PLAN MEDCENTERS HEALTH PLAN INC GROUP HEALTH PLAN INC MINNESOTA STATE RETIREMENT SYSTEM GREAT WEST LIFE ASSURANCE CO ICMA RETIREMENT GROUP PRUDENTIAL INSURANCE CO VOID OUT CHECK PERA UNITED WAY OF MINNEAPOLIS SUBURBAN NATIONAL BANK DANA GIBBS LISA TRAGER RUSSELL BOLLIG ED PHILLIPS & SONS CO EAGLE WINE CO PRIOR WINE CO GRIGGS COOPER & CO INC EAGLE WINE CO QUALITY WINE CO 14063797 MIX BEER MIX -SLIP AND SLIDE WATER SLIDE-4TH OF JULY CELEBRATION 15 GUNNY SACKS-SUMMER PROGRAMS REFUND-ROLLERSKATING TRIP REFUND-RACQUETBALL LESSONS REFUND-MUNCHKIN TENNIS REFUND-MUNCHKINS COVER DESIGN AWARDS-SUMMER PROGRAMS -SOFTBALL TOURNMENT-REIMBURSED BY LIONS TAP POSTAGE-UTILITY BILLING SERVICE SERVICE REGISTRATION-CANINE UNIT PINS & TOTE BAGS -HISTORICAL CULTURE ICE CREAM SOCIAL- CHANGE FUND PAYROLL 6-27-86 SOFTBALL OFFICIAL/FEES PD CONCERTS IN PARK-SUMMER PROGRAMS CONCERTS IN PARK-SUMMER PROGRAMS CONCERTS IN PARK-SUMMER PROGRAMS CONCERTS IN PARK-SUMMER PROGRAMS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SAILBOARDING LESSONS REFUND-SKATING LESSONS PAYROLL 6-27-86 PAYROLL 6-27-86 PAYROLL 6-27-86 PAYROLL 6-27-86 JULY HEALTH INSURANCE JULY HEALTH INSURANCE JULY HEALTH INSURANCE PAYROLL 6-27-86 PAYROLL 6-27-86 PAYROLL 6-27-86 PAYROLL 6-27-86 PAYROLL 6-27-86 PAYROLL 6-27-86 PAYROLL 6-27-86 PACKET DELIVERIES REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS LIQUOR WINE WINE WINE LIQUOR WINE 300.10 17395.93 22.20 14.99 22.50 7.50 13.50 7.50 9.00 12.50 0.00 75.15 277.62 1185.84 5.14 105.00 807.75 75.00 2907.13 168.00 27.72 368.28 250.00 325.00 18.00 40.00 30.00 15.00 23327.06 9763.15 17739.26 728.38 14871.62 7042.95 2286.95 10.00 5073.00 7600.00 662.47 - 0.00 18609.40 327.25 200.00 52.00 21.00 14.00 2932.55 116.75 1533.16 37.94 2661.50 541.23 28335 ROYAL CROWN BEVERAGE CO 29116 THORPE DISTRIBUTING CO ( 137 TWIN CITY HOME JUICE CO 338 KNOX 28339 ROBINSDALE SEED AND GARDEN 28340 LIZA HANSEN 28341 CHARLIE MARTZ 28342 KELLY MCMASTER 28343 WESTON J TANNER 28344 INDEPENDENT SCHOOL DIST #272 28345 VOID OUT CHECK 28346 EDEN PRAIRIE LIQUOR 28347 HOPKINS POSTMASTER 28348 MINNESOTA GAS CO 28349 NORTHERN STATES POWER CO 28350 UNITED STATES POLICE CANINE ASSOC 28351 AWARDS OF AMERICA 28352 CASH 28353 28354 28355 28356 28357 28358 ( 359 60 361 28362 28363 28364 28365 28366 28367 28368 28369 283/0 28371 28372 28373 28374 28375 28376 28377 28378 28379 28380 28381 28382 28383 28384 (135 J86 1746A JULY 15,1986 28387 TWIN CITY WINE CO 4:388 MARK VII SALES 389 CAPITOL CITY DISTRIBUTING CO 390 SUPPLEES 7 HI ENTER INC 28391 NORTHERN STATES POWER CO 28392 PETTY CASH 28393 BEST 28394 ALLIED BLACKTOP CO 28395 HARDRIVES 28396 RICHARD KNUTSON INC 28397 NORTHDALE CONSTRUCTION CO INC 28398 OPUS CORPORATION 28399 A-A ALL AMERICAN APPLIANCE REPA 28400 A COMMERCIAL DOOR CO 28401 ACRO-MINNESOTA INC 28402 AMERICAN EXCELSIOR COMPANY 28403 MPLS AREA CHAPTER 28404 EARL F ANDERSEN & ASSOC INC 28405 ARMOR SECURITY INC 28406 ARROW SPRINKLER 28407 ARTCRAFT PRESS INC 28408 ASPLUND COFFEE CO INC 28409 ASSOCIATED ASPHALT INC 28410 ASTLEFORD INTL INC 28411 AUTOMOBILE SERVICE CO It 12 BRW INC 28413 BSN CORP 28414 BATTERY & TIRE WAREHOUSE INC 28415 BLACK & VEATCH 28416 BLOOMINGTON LOCKSMITH CO 28417 BLUE SKY MARKETING INC 28418 BLUFF CREEK GOLF ASSOCIATION 28419 RICK BOLINISKI 28420 LEE BRANDT 28421 BRYAN ROCK PRODUCTS INC 28422 BUELL BROS 28423 CHAPIN PUBLISHING CO 28424 CHEMLAWN 28425 CLEAN SWEEP INC 28426 CLUTCH & TRANSMISSION SER INC 28427 JOHN COLEMAN 28428 COMMISSIONER OF TRANSPORTATION 28429 JEFFREY CONRADI 28430 CON/SPEC CORPORATION 28431 CREST INV 32 CURTIS INDUSTRIES 34202867 WINE WINE WINE JULY RENT-LIQUOR STORE SERVICE PETTY CASH-PLAYGROUND FUND CALCULATOR-ASSESSING DEPT SERVICE-1986 SEAL COATING SERVICE-PRESERVE BLVD SERVICE-ANDERSON LAKES PARKWAY SERVICE-EDEN ROAD & SINGLETREE LANE SERVICE-FLYING CLOUD DRIVE UTILITY IR REPAIR AIR CONDITIONER-CITY HALL REPAIR CAR WASH DOOR-P/W BLDG OFFICE SUPPLIES-CITY HALL EROSION CONTROL-FRANLO PARK -FILM RENTAL/INFANT CPR COURSE- COMMUNITY CENTER SIGNS/DECALS/POSTS-PARKS DEPT REPAIR LOCKS-STARING LAKE PARK OVERPAYMENT OF PLUMBING PERMIT BUSINESS CARDS-POLICE DEPT -SUPPLIES FOR CONCESSION STAND- COMMUNITY CENTER BLACKTOP-STREET DEPT SHAFT ARM-STREET DEPT -WHEEL ALIGNMENT FOR SQUAD CARS- EQUIPMENT MAINTENANCE -SERVICE-ANDERSON LAKES PKWY THROUGH -HWY 169/VALLEY VIEW ROAD-MITCHELL TO COUNTY ROAD 4 6 VOLLEYBALL NETS-PARK DEPT AIR FILTERS/BATTERY/FLASHER-STREET DEPT SERVICE-WATER PLANT EXPANSION -DUPLICATE KEYS/CHARGER-WATER DEPT AND PUBLIC SAFETY BUILDING BOOK-PLANNNING DEPT GOLF BALLS-COMMUNITY CENTER MILEAGE SOFTBALL OFFICIAL/FEES PD ROCK REFUND FIRE HYDRANT METER DEPOSIT LEGAL ADS LAWN SERVICE-CITY HALL -STREET SWEEPING/STRIPING-STREET DEPT & PARK DEPT -BRAKE SHOES/WHEEL CYLINDER/SEAL/MASTER CYLINDER-EQUIPMENT MAINTENANCE SEMINAR-BLDG DEPT SERVICE-MITCHELL ROAD & HWY 169 HOCKEY OFFICIAL/FEES PO CHEMICALS-STREET DEPT REFUND-PARK DEDICATION FEE -BOLTS/NUTS/WIRE/GREASE FITTING/ -ELECTRICAL TAPE/EXTRACTOR/DRILL BIT- STREET DEPT 17468 2045.14 67.62 765.29 4254.60 20.07 59.75 84.93 124518.85 23536.04 91881.83 1393.18 5598.99 49.90 246.08 1727.15 2256.00 88.25 797.04 63.30 10.00 78.00 180.00 2478.07 58.23 156.20 17901.20 329.67 215.20 51154.19 66.50 31.95 25.90 59.50 354.00 2097.20 295.25 199.80 100.00 2052.20 738.37 20.00 2373.91 96.00 853.75 420.00 229.57 28433 CUTLER-MAGNER COMPANY 28434 WARD F DAHLBERG 28435 DALCO (8436 DEL-AIR 137 DICTAPHONE 4.)438 EUGENE DIETZ 28439 DIXIE PETRO-CHEM INC 28440 DONS SOD SERVICE 28441 EDEN PRAIRIE APPLIANCE 28442 EDEN PRAIRIE CHAMBER OF COMMERCE 28443 EDEN PRAIRIE TRASHTRONICS 28444 ELK RIVER CONCRETE PRODUCTS 28445 RON ESS 28446 JONATHON FARBER 28447 FINLEY BROS ENTERPRISES 28448 FLYING CLOUD SANITARY LANDFILL 28449 FORESTRY SUPPLIERS INC 28450 FOUR STAR BAR & RESTAURANT SUPPLY 28451 FRANZ ENG REPRODUCTIONS INC 28452 G& K SERVICES 28453 28454 28455 28456 28457 28458 28459 11:60 '61 462 28463 28464 28465 28466 28467 28468 QUICKLIME-WATER DEPT JUNE 86 EXPENSES CLEANING SUPPLIES-COMMUNITY CENTER REPAIR COOLING UNIT-LIQUOR STORE #1 DICTAPHONE SYSTEM-POLICE DEPT JUNE 86 EXPENSES CHLORINE-WATER DEPT SOD-STREET DEPT REPAIR REFRIGERATOR-P/S BLDG -COMMERCE & INDUSTRY DAY LUNCHEONS- CITY HALL JUNE 86 TRASH PICKUP MANHOLE COVERS-DRAINAGE HOCKEY OFFICIAL/FEES PD HOCKEY OFFICIAL/FEES PD BASEBALL BACKSTOP RAIL-PARK MAINTENANCE TAX ON LANDFILL DISPOSAL SUPPLIES-FORESTRY DEPT SUPPLIES-LIQUOR STORES PRINTS/LEAD-ENGINEERING DEPT -TOWELS/COVERALLS/MOPS-WATER DEPT/PARK MAINTENANCE/LIQUOR STORE RADIO REPAIR & PARTS PAINT-PARK MAINTENANCE 5 TIRES-EQUIPMENT MAINTENANCE THERMOSTAT-FIRE DEPT SOFTBALL OFFICIAL/FEES PO SHOVEL-SEWER DEPT MAY 86 BOARD OF PRISONERS SQUAD CAR REPAIRS SCHOOL-WATER DEPT REPAIR AMPLIFIER-COMMUNITY CENTER K-9 1ST AID KIT-POLICE DEPT BASEBALL FIELD MARKINGS-PARK MAINTENANCE MAINTENANCE AGREEMENT-WATER DEPT HYDRAULIC PARTS-SEWER DEPT SERVICE-CITY HALL -MAY CUSTODIAL SERVICES/PROPANE FUEL FOR MAY & JUNE BEARING-FIRE DEPT -SUPPLIES FOR CONCESSION STANDS-ROUND LAKE & COMMUNITY CENTER OFFICE SUPPLIES SOFTBALL OFFICIAL/FEES PD FILM PROCESSING-ASSESSING DEPT GASKETS/VALVE/SPRINGS-COMMUNITY CENTER JUNE 86 EXPENSES LUMBER-PARK DEPT & PUBLIC SAFETY -KEYS/INSECT SPRAY/STAPLERS/BATTERIES/ -SPONGES/HOSE SHUT-OFF/NOZZLE/BULBS/ -SWITCH/GLOVES/SHEARS/PLUGS/PAINT/NAILS/ -ROPE/PUTTY KNIVES/BRUSHES/STORAGE -ORGANIZER/PRIMER/PLUNGER/HAND SPADE/ -ELECTRIC TAPE/GLUE/DEGREASER/HOSE -CLAMPS/CHAIN/BOLTS & NUTS/LOCKS/SNAPS/ 4966.03 80.00 66.50 74.98 4561.50 212.47 609.75 72.60 31.95 340.00 345.00 215.21 139.00 60.00 250.00 216.90 222.83 496.50 29.49 351.37 454.21 116.60 205.50 36.86 60.00 11.30 2537.75 153.27 104.00 30.00 84.00 291.00 3374.75 39.70 424.32 2015.09 16.16 205.92 145.97 28.00 " 5.33 85.45 51.10 544.21 1769.00 GENERAL COMMUNICATIONS INC GLIDDEN PAINT GOODYEAR AUTO SERVICE CENTERS GUNNAR ELECTRIC CO INC TILLFORD NELLIE HENNEPIN COUNTY TREASURER HENNEPIN COUNTY HENNEPIN TECHNICAL CENTERS LAURIE HENRY HI Fl SOUND ELECTRONICS DAN HILL PRODUCTS HOFFER'S INC HONEYWELL INC HYDRAULIC COMPONENT SERVICES INC IBM INDEPENDENT SCHOOL DIST #272 28469 INDUSTRIAL SUPPLY CO INC 28470 INSTANTWHIP-MINNESOTA INC 28471 JM OFFICE PRODUCTS INC 28472 CHRIS JESSEN 28473 JET PHOTO LABS 28474 JOHN HENRY FOSTER MINNESOTA INC 28475 CARL JULLIE 28476 JUSTUS LUMBER CO 28477 KARULF HARDWARE INC 1113157 1746C TOM KEEFE RAY KERBER KRAEMERS HOME CENTER LANCE LANDSCAPE PRODUCTS CENTER LANG PAULY & GREGERSON LTD LEAGUE OF MINNESOTA CITIES LEEF BROS INC LONG LAKE FORD TRACTOR LYMAN LUMBER CO M & I INDUSTRIAL SUPPLY INC MACQUEEN EQUIPMENT INC MARKET WATCH MIKE MARUSHIN RANDY MASON MASYS CORPORATION MAXI-PRINT INC MCI CELLCOM MEDICAL OXYGEN & EQUIP CO MERIT/JULIAN GRAPHICS METRO FONE COMM INC METRO PRINTING INC METROPOLITAN WASTE CONTROL COMM MIDLAND PRODUCTS CO MIDWEST ASPHALT CORP MINNESOTA ASSOCIATION OF ASSESSIN MINNESOTA COMMUNICATIONS CORP MN DEPT OF P/S MINNESOTA SUBURBAN NEWSPAPERS INC MODERN TIRE CO MOTOROLA INC MTI DISTRIBUTING CO WM MUELLER & SONS INC NYSTROM INC OCHS BRICK & TILE CO OFFICE PRODUCTS OF MN INC O'TOOLE AND MCGOUGH TIMOTHY JOHN PELTIER PEPSI/7-UP BOTTLING CO PATRICK PEREZ CONNIE L PETERS PHOTOS INC PITNEY BOWES POMMER MFG CO INC 28522 PRAIRIE ELECTRIC COMPANY INC 28523 PRECISION BUSINESS SYSTEMS INC 28524 PRIOR LAKE AGGRETATE INC 1( 43414 (481 28482 28483 28484 28485 28486 28487 28488 28489 28490 28491 28492 28493 28494 28495 28496 28497 28498 28499 28500 28501 28502 28503 if04 435 28506 28507 28508 28509 28510 28511 28512 28513 28514 28515 28516 28517 28518 28519 28520 28521 28478 28479 9,140.0 ROD/CONTACT PAPER SOFTBALL OFFICIAL/FEES PD 196.00 80 BALES FOR EROSION CONTROL-PARKS DEPT 160.00 -INSECT SPRAY/PAINT/THINNER/PLASTIC- 95.85 WATER DEPT SUPPLIES-LIQUOR STORE 23.70 TREES-FORESTRY 955.00 LEGAL SERVICES APRIL 86 15484.10 WORKERS COMPENSATION INSURANCE 28905.25 RUG CLEANING-CITY HALL 73.20 PARTS-PARKS DEPT 105.34 LUMBER-STREET DEPT & PARKS DEPT 329.14 ALUMINUM DRIVE RIVETS-STREET DEPT 276.35 SWEEPER PARTS-STREET DEPT 293.34 1 YR SUBSCRIPTIONS-LIQUOR STORES 120.00 WRENCH-STREET DEPT 10.45 HOCKEY OFFICIAL/FEES PD 48.00 JULY MAINTENANCE-PUBLIC SAFETY 914.00 SUPPLIES-COMMUNITY CENTER 97.05 SERVICE 102.06 OXYGEN-WATER DEPT 50.40 ENVELOPES-CITY HALL 223.70 JUNE-JULY 86 PAGER SERVICE-STREET DEPT 10.50 ENVELOPES-PUBLIC SAFETY 18.00 AUGUST 86 SEWER SERVICE 88039.96 -SUPPLIES FOR CONCESSION STANDS- 671.44 COMMUNITY CENTER BLACKTOP-STREET DEPT 1043.62 EMPLOYMENT OPPORTUNITY MAILING 152.00 SUPPLIES-FIRE DEPT 31.50 SWITCH-PUBLIC SAFETY 150.00 ADS-LIQUOR STORES 30.50 TIRE REPAIRS-STREET DEPT & COMMUNITY CTR 21.50 -5 PAGERS WITH CHARGER AMP AND PAGER 1911.65 CASES-FIRE DEPT DRIVE BELT/V-BELT-PARKS DEPT 38.76 SAND-PARKS DEPT 1176.13 METAL CABINETS-PUBLIC SAFETY 2950.00 CEMENT/RE-RODS-PARKS DEPT 122.25 -HP150 COMPUTER & DISC DRIVE/CABLE/ 3351.96 COMPUTER SUPPLIES 2 SMAQUETBALL SETS-COMMUNITY CENTER 89.75 SUPPLIES-FIRE DEPT 32.00 POP FOR CONCESSION STAND-COMMUNITY CENTER 127.00 SOFTBALL OFFICIAL/FEES PD 336.00 MILEAGE 15.25 PRINTS-PLANNING DEPT 131.25 SILICONE OIL-COMMUNITY CENTER 37.32 -TROPHIES-VOLLEYBALL/SOFTBALL- 99.50 COMMUNITY CENTER -REPAIRS TO LIGHTS ON HOCKEY RINK- 39.25 PARKS DEPT TAPE RECORDER-COMMUNITY CENTER 335.00 SAND-STREET DEPT 9.12 1746D JULY 15,1986 . 28525 PROGRESSIVE CONTRACTORS INC (26 R 8 R SPECIALTIES INC RETAIL DATA SYSTEMS OF MINNESOTA 28528 ROAD MACHINERY 8 SUPPLIES CO 28529 RON-MAR FOODS INC 28530 ROBERT RYAN 28531 RYANS RUBBER STAMPS 28532 SALLY DISTRIBUTORS INC 28533 WAYNE R SANDERS 28534 SATELLITE INDUSTRIES INC 28535 SAVOIE SUPPLY CO INC 28536 SAYLORS SOFTWAREFIRST 28537 SCHIMOT READY MIX INC 28538 SETTER LEACH 8 LINDSTROM INC 28539 SETTER LEACH 8 LINDSTROM INC 28540 SHAKOPEE FORD INC 28541 SNAP-ON TOOLS CORP 28542 JENNY SODERBERG 28543 SODERQUIST SERVICES INC 28544 SOUTHWEST AUTO SUPPLY INC ib45 SOUTHWEST SUBURBAN PUBLISH INC 28546 SPECIALTY SCREENING 28547 ST PAUL BOARD OF WATER COMMISSION 28548 STANDARD SPRING CO 28549 SUBURBAN CHEVROLET 28550 SULLI VANS SERVICES INC 28551 SUPERIOR PLASTICS CORP 28552 TARGET 220 28553 THOMPSON PLMB 28554 CREDIT DEPT/3M 28555 TOTAL DISPLAYS INC 28556 TOTAL TOOL 28557 TWIN CITY CONCRETE PRODUCTS CO 28558 TWIN CITY OXYGEN CO 28559 UNITOG RENTAL SERVICES 28560 UNIVERSAL TITLE 28561 UNIVERSITY OF MINNESOTA 28562 VALLEY INDUSTRIAL PROPANE INC 28563 VIKING LABORATORIES INC 28564 VOSS ELECTRIC CO 28565 WALDOR PUMP 8 EQUIP CO 28566 WATER PRODUCTS CO ir'57 WESCO X.68 WESTERN CHEMICAL CO 28569 WILSON TANNER GRAPHICS 2155000 REFUND ON FIRE HYDRANT METER ICE BLADE GRIND-COMMUNITY CENTER SUPPLIES-LIQUOR STORES RENTAL LEASE-PUBLIC WORKS SUPPLIES-FIRE DEPT HOCKEY OFFICIAL/FEES PD RUBBER STAMPS-FORESTRY SUPPLIES-4TH OF JULY CELEBRATION REGISTRATION APRIL BLDG OFFICIALS MEETING PORTABLE RESTROOMS-PARK MAINTENANCE TOWELS-STREET DEPT WORD PERFECT SOFTWARE-FIRE DEPT BLACKTOP-STREET DEPT PROFESSIONAL SERVICES-NEW FIRE STATION MAY 86 SERVICE REMODEL COMMUNITY CENTER -MIRROR/LOCK/SPACER/SWITCH/CABLE- STREET DEPT -HACK SAW/PANEL TOOL/BRUSH/CUTTER- STREET DEPT SOFTBALL OFFICIAL/FEES PD -SERVICE-WEED CONTROL-ASSEMBLY OF GOD -CHURCH/HIGH TRAIL ESTATES/CRESTWOOD/ OLYMPIC HILLS 5TH ADD/STEWART HIGHLANDS -FUEL PUMP/OIL FILTERS/U-JOINT/EXHAUST -PIPE/TRUCK TAIL LIGHTS/CLAMPS/MUFFLER/ -TIP ROD END/DRAG LINK/BEARINGS/SEALS/ -PLUGS/THERMOSTAT/GASKETS/CEMENT-STREET DEPT/SEWER DEPT/PUBLIC SAFETY ADS-COMMUNITY CENTER K-9 DECALS-POLICE DEPT CONSULTING SERVICE/NSP RATE-WATER DEPT BRACKET/PINS/CLIPS-STREET DEPT GAS TANK/MIRROR-STREET DEPT SERVICE-SENIOR CENTER VALVE-WATER DEPT PICTURE FRAME-CITY HALL REFUND PLUMBING PERMIT REFLECTIVE PAINT-WATER DEPT DISPLAY LETTERS-POLICE DEPT NOZZLE/HOOD/REPLACEMENT LENS-WATER DEPT SAND-WATER DEPT OXYGEN-WATER DEPT UNIFORMS FOR CITY EMPLOYEES REFUND SPECIAL ASSESSMENT PREPAY BOOKS-FORESTRY GAS CYLINDERS-COMMUNITY CENTER CHEMICALS/CHLORINE SIGN-COMMUNITY CENTER TRAFFIC SIGNAL BULBS-PUBLIC WORKS REPAIR OF PUMP CONTROLS-SEWER DEPT -GASKET PIPE/5 OZ TUBE/TOP EXTINGUISHER -KIT/EXTINGUISHER ROD/SECTION BOLT/100 GAL REMOTE/NOZZLE CAPS CHAIN/BALL VALVE LIGHT BULBS-COMMUNITY CENTER CHEMICALS-WATER DEPT BUSINESS CARDS-HUMAN RESOURCE COORDINATOR 1746E 577.87 13.30 49.04 1387.20 609.72 136.00 14.80 230.35 28.75 2243.57 235.37 250.45 174.40 2215.60 438.75 936.50 187.-00 28.00 631.25 1539.28 152.40 27.50 2000.00 199.90 136.43 100.00 40.00 6.97 112.50 265.20 179.22 149.25 201.72 . 21.64 1356.60 371.57 16.00 133.33 101.96 390.00 57.30 3179.81 74.96 311.54 37.00 80846 1746F JULY 15,1986 • 28570 X-ERGON Ars71 XEROX CORP IL j72 ZEE MEDICAL SERVICE 28573 7IEGLER INC CHEMICALS-WATER DEPT SERVICE -1ST AID SUPPLIES-COMMUNITY CENTER & STREET DEPT REPAIR WELL HOUSE #6 MOTOR-WATER DEPT 337.82 . 277.48 ' 38.45 154.71 " TO: Mayor and Council FROM: John D. Frane DATE: July 8, 1986 RE: Volunteer Firemen's Retirement The Fire Relief Association, which is an arm of the Fire Department set up to deal with pension and disability matters, has amended their by-laws to provide for :a retirement benefit of $22.50 per month per year of service. The present plan pays $15.00. The new plan also provides for a lump sum payment instead of a monthly annuity at the option of the firefighter. Plans of neighboring communities: Pension at 20 Years of Service* Lump Sum Bloomington --la-- Minnetonka 32,000 Hopkins 34,000 Eden Prairie 45,000 *Minimum Retirement Age is 50 In order for the change to become effective the new be approved by the City Council. The previous cost per year the new cost would be $120,000. State aid pension will cover about $7000 of the increase. A copy of the new by-laws is attached. If you have any questions please call me. JItTIALK — 320 , N/A 450 by-laws must was $194000 for firefighters BYLAWS OF THE EDEN PRAIRIE FIRE FIGHTERS' RELIEF ASSOCIATION ARTICLE I Section 1. Any regular active member of the Eden Prairie Fire Department who is under forty-one years of age shall be eligible to apply for membership in this Association. Section 2. Application for membership may be made at any regular or special meeting of the board of trustees, and then laid over for one month for con- sideration. During this time, the board of trustees shall conduct an invesiga- tion to determine if the applicant, due to some medically determinable physical or mental implairment or condition, would constitute for the Association a pre- dicatable and unwarranted risk of liability for benefit, at an age earlier than the minimum age specified for receipt of a service pension. If no such impair- ment or condition exists, the board of trustees shall appoint the applicant to membership in the Association. Section 3. Expulsion from or resignation before the said fire fighter is eli- gible to collect benefits or failure to meet the requirements of paragraph AS of section II in said department's policies and procedures manual before the fire fighter is eligible to collect benefits shall terminate the membership of the fire fighter so resigning, expelled or not in compliance with the said depart- ment's bylaws. Members on an approved leave of absence from the Eden Prairie Fire Department shall not be terminated. They shall not, however, be entitled to any benefits of membership in this Relief Association while on such leave, nor shall the time spent on such leave be credited as service as an active fire fighter for the purpose of computing eligibility for Relief Association bene- fits. The exception to a leave of absence is a medical leave. There are two types of medical leave of absence; a fire related injury or illness, and a non- fire related injury or illness. A fire related medical leave of absence will result in no loss of benefits for a fire fighter. In the case of a non-fire related medical leave of absence, a fire fighter shall receive benefits for the first three months of the medical leave providing said fire fighter has not taken a non-fire related medical leave of absence within the preceding 365 days. ARTICLE II Board of Trustees Section 1. The Board of Trustees shall be composed of 9 trustees, 6 of whom shall be elected for terms as specified in this Article, or until their respec- tive successors have been elected and qualified, at the annual meeting of the Association from its members, and 3 statutory ex officio trustees; the Chief of the Eden Prairie Fire Department, the Mayor and the Clerk of the City of Eden Prairie. Section 2. At the first election following the adoption of these bylaws, 2 trustees shall be elected for terms of one year; two trustees shall be elected for terms of two years; and two trustees shall be elected for terms of three years. Thereafter, as their respective terms of office expire, two trustees shall be elected for three year terms at each annual meeting. If a vacancy, other than a vacancy caused by removal for cause of a trustee occurs during the term of office of any elected trustee, the remaining members of the board of trustees shall elect a member of the Association to serve for the unexpired term of the vacated position. Section 3. At the first meeting of the board of trustees held after the annual meeting of the members of the Association, the board shall elect, from the 6 trustees who have been elected by the members, a President, a Vice President, a Secretary and a Treasurer. Each of the officers shall serve in the position to Which he was elected for a term of one year or until his successor has been elected and qualified. Section 4. A general trustee or officer may be removed for cause. Cause for removal shall include, but not be limited to, the breach of the duties as set forth in Articles II and III of these bylaws. One or more of the trustees or officers may be removed at a meeting of the membership which is called for that purpose by a two—thirds vote of those present and voting at such meeting. Notice of the meeting at which removal is to be considered shall be given to each member and shall include the purpose of the meeting. The general trustee or officer shall be furnished with a statement of the particular charges at least five days before the meeting is to be held. At the meeting, the general • trustee or officer shall be given an opportunity to be fully heard as to each charge. If a general trustee or officer is removed, his replacement shall be elected at the same meeting, and such replacement shall serve out the unexpired term of the removed general trustee or officer. Section 5. It shall be the duty of the board of trustees to prepare modes and plans for the safe and profitable investment of the unappropriated funds of the Association, and whenever loans or investments are made, to investigate and pass upon the securities offered and to attend to the drawing and execution of the necessary papers. The board shall order an audit of the books and accounts of the secretary and treasurer annually, according to law, and shall submit a writ- ten report of the condition of the Association to the members at the annual meeting. Section 6. The investment of the funds of the Association shall be in the exclusive control of the board of trustees, in conformance with state statutes. Section 7. The members of the board shall act as trustees with a fiduciary obligation to the members of the Association, to the City of Eden Prairie and to the State of Minnesota. ARTICLE III Duties of Officers Section 1. It shall be the duty of the President to attend and to preside at all meetings of the Association and of the board of trustees. He shall enforce the due observance of the Articles of Incorporation and the bylaws and see that the officers properly perform the duties assigned to them. He shall sign all checks issued by the Treasurer and all other papers which require his signature. rig9 He shall be a member of all committees except the aid committee and he shall exercise careful supervision over the affairs of the Association. He shall receive such salary as may be fixed from time to time by the board of trustees, subject to approval of the Association, and payable from the Special Fund of the Association. Section 2. It shall be the duty of the Vice President to perform the duties of the President in his absence. In the absences of both the President and the Vice President, it shall be the duty of the Association to elect a President Pro Tern, who shall perform the duties incident to the office. Section 3. It shall be the duty of the Secretary to keep a true and accurate record of the proceeding of all meetings of the Association and of the board of trustees. He shall keep a correct record of all amendments, alterations, and additions to the Articles of Incorporation or the bylaws in a separate book from the minute books of the Association. He shall cause due notice of all special meetings of the Association of the board of trustees to be given. He shall keep a roll of membership, with the date of joining, resignation, discharge, leaves of absence, dues and assessments paid and relief or pensions furnished. His books shall at all times be open to inspection by the board of trustees. He shall sign all orders for payment issued to the Treasurer, and jointly with the Treasurer, prepare and file all reports and statements required by law. He shall receive such salary as may be fixed from time to time by the board of trustees, subject to approval of the association, and payable from the Special Fund of the Association. Section 4. It shall be the duty of the Treasurer to receive all funds belonging to the Association. He shall keep separate and distinct accounts of the Special and General Funds, and shall prepare and present to the board of trustees a full and detailed statement of the assets and liabilities of each fund at each meeting of the board of trustees, and prior to the annual meeting of the Association. Failing in his obligations, he may be impeached from office and/or expelled from the Association. He shall deliver to his successsor in office, or to any committee appointed by the board of trustees to receive the same, all moneys, books, papers and other items pertaining to his office immediately upon the expiration of his term of office. Prior to entering upon the duties of his office, he shall give a bond in such amount and with such sureties as may be required and approved by the board of trustees, conditioned upon the faithful discharge of his trust and the faithful performance of the duties of his office, to be paid for from the Special Fund of the Association. Jointly with the Secretary, he shall prepare and file all reports and statements required by law. He shall receive such salary as may be fixed by the board of trustees from time to time, subject to approval of the Association, and payable from the Special Fund of the Association. Section 5. There shall be an Aid Committee, composed of the Vice President and two other members of the Association, who may not be members of the board of trustees, appointed by the President. The Vice President shall be the chairman of this committee. The duty of the committee shall be to make provisions for assistance to be rendered to each sick or disabled member, and to the survivors of any deceased member. ARTICLE IV Meetings Section 1. The annual meeting of the Association, for the election of trustp ,., and other business, shall be held on the last Tuesday of January in each year. If such day falls on a holiday, the annual meeting shall be held on the next following Tuesday. Section 2. The board of trustees shall meet at least 6 times during each year (minimum of six). Section 3. Special meetings of the Association or of the board of trustees may be called by the President, or two members of the board of trustees, and shall also be called upon written request of six or more members of the Association. Members and trustees shall be notified by the Secretary of such special meetings, and the object of the meeting shall be contained in such notice. • Section 4. A majority of the board of trustees then in office ., and forty _per7 • cent of the members of the Association shall constitute quorums for the transac- tion of business at their respective meetings. Less than .a quorum may adjourn a meeting to s future time, which the Secretary shall make known to the affected members. Section 5. All reports and resolutions shall be submitted in writing ancl'.no ' report shall be accepted unless it is the report of a majority of a committee, provided, however, that a minority shall be permitted to present its views in writing. • Section 6. All meetings of the general membership shall be conducted according to Robert's Rules of Order, as revised. Section 7. The Order of Business at meetings of the general membership shall be: 1. Call to order 2. Roll call 3. Reading of minutes of previous meeting 4. Reading of reports and minutes of board of trustees' meetings 5. Reports of officers 6. Propositions for membership 7. Reports of special committees 8. Unfinished business 9. Election of officers or trustees (annual meeting) 10. New business 11. Adjournment ARTICLE V Funds Section 1. The funds received by this Association from dues, fines, application fees, entertainments and other miscellaneous sources shall be kept in the General Fund of the Association, on the books of the Secretary and the Treasurer, and may be disbursed for any purpose reasonably related to the welfare of the Association or its members, as authorized by a majority of the members present and voting at any annual or special meeting of the members. Section 2. All funds received by the Association from any tax sources, and all funds or property donated or granted to the Association for the benefit of this fund shall be kept at a Special Fund on the books of the Secretary and the Treasurer and shall not be disbursed for any purpose except those specifically authorized by law. Section 3. No disbursement of funds of this Association shall be made except by checks drawn by the Treasurer and countersigned by the President. Except when issued for salaries, pensions, and other fixed charges, the exact amount of which has previously been determined and authorized by the board of trustees (or members, in case of disbursement from the General Fund) no check shall be issued until the claim to which it relates has been approved by the board of trustees. Section 4. All money belonging to this Association shall be deposited to the credit of this Association in such banks, trust companies, savings and loan associations or other depositories as the board of trustees may designate. ARTICLE VI Application for Benefits Section 1. All applications for relief or pension benefits shall be made in writing on forms furnished by the Secretary. Section 2. All applications for disability benefits shall be submitted to the board of trustees at a regular or special meeting of the board. The application shall be accompanied by a certificate from the attending physician or surgeon setting forth the nature of the illness or injury, the cause and duration thereof, the length of time the applicant has been unable to perform any of the duties connected with his regular occupation and those of a fire fighter, and an estimate of the time at which the applicant will be able to return to his regu- lar occupation and to perform the duties of a fire fighter. Section 3. All applications for pensions shall be submitted to the board of trustees at a regular or special meeting of the board. Applications shall be verified by an oath of the applicant and shall state the age of the applicant, the period (or periods) of service, the date of retirement from active duty in the Eden Prairie Fire Department, the length of time he has been a member of the Association, and such other information as the board of trustees may require. Section 4. No benefits or pensions shall be paid until the application there- fore has been approved by a majority vote of the board trustees. Decisions of the board shall be final as to the payment of such benefits or pensions. No other benefits shall be paid to or on behalf of any member who has received a service pension. ARTICLE VII Sick and Disability Benefits Section 1. If a member of this association shall become totally and permanently disabled, to the extent that a surgeon or physician acceptable to the board of trustees shall certify that such disability will permanently impair the ability of said fire member to perform any substantial amount of work, labor or pro- fessional service unrelated to the ability to perform the duties of a fire fighter, the Association shall pay to such member the sum of $22.50 per month for each year that he served as an active member of the Eden Prairie Fire Department, to the maximum of $675.00 per month. ARTICLE VIII Death Benefits and Pensions Section 1. In the event of the death of a member prior to retirement, the sur- viving spouse, if any, shall be paid until death or remarriage, the sum of $15.00 per month of each year of active service performed by such member in the Eden Prairie Fire Department to a maximum of $450.00 per month. If such member leaves a surviving child or children in addition to a spouse, such child or children, in the aggregate, shall be paid monthly an additional $7.50 per month for each year of active service performed by the member, to a maximum of $225.00 per month. If such member is survived only by a child or children, the Association shall pay monthly, or toward the support of such child or children, the sum of $22.50 per month for each year of active service performed by the member, to a maximum of $675.00 per month. Such payment to or on behalf of sur- viving children shall cease when the youngest child reaches the age of eighteen or in the case of any children who further their education, the last child who graduates, quits school, reaches the age of twenty-two, or fails to provide proof of educational eligibility. Such payment to or on behalf of surviving children will also cease when the last child eligible for benefits marries. Any child furthering their education and wishing to qualify for benefits must pro- duce annually, in person and to the satisfaction of the Eden Prairie Fire Department Relief Assocation board of trustees proof said child is a full time student in a college or trade school. Section 2. When a member has retained membership in the Association for at least ten years, and has served as an active fire fighter in the Eden Prairie Fire Department for at least ten years or more, and has reached the age of fifty years or more, he/she shall have the option to be paid a monthly sum based on the vested amount of service time he/she has accrued, or when the said member has retained membership in the Association for at least fifteen years, and has served as an active fire fighter in the said fire department for at least fif- teen years or more, and has reached the age of fifty years or more, a lump sum of 100 times the vested monthly payment he/she is entitled to at the time of retirement may be paid said member. The monthly payment is determined by taking $22.50 per month for each year of active service performed by the member to a maximum of $675.00 per month, and multiplying it times the vested percentage due him/her at the time of retirement. A fire fighter is 50% vested when he/she has met the ten year committment mentioned above. The vested interest will be increased by 6% per year until the fire fighter has reached fifteen years; from fifteen years to twenty years, the vested interest will increase by 4% to a maximum of 100% (consult the table below for the actual figures). 115 Once the one time sum is paid, no additional claims can be made against the said fire department's Relief Association. Furthermore, all changes to the monthly amounts paid retired fire fighters, shall be applied to all members currently collecting benefits (this only applies to monthly payments, not lump sums). The following table will outline the monthly and lump sum payments as stated above. YEARS OF PERCENT VESTED VESTED ELIGIBILITY VESTED MONTHLY PAYMENT LUMP SUM PAYMENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 50 56 62 68 74 80 84 88 92 96 100 100 100 100 100 100 100 100 100 100 100 112.50 138.60 167.40 198.90 233.10 270.00 302.40 336.60 372.60 410.40 450.00 472.50 495.00 517.50 540.00 562.50 585.00 607.50 630.00 652.50 675.00 27,000 30,240 33,660 37,260 41,040 45,000 47,250 49,500 51,750 54,000 56,250 58,500 60,750 63,000 65,250 67,500 Section 3. The pension payable to the surviving spouse of a member collecting pension benefits shall not exceed two thirds of the monthly amount to which such member would have been entitled at age fifty (only monthly amounts are collec- table by survivors of members collection pensions). If such a member is sur- vived by a child or children, the total monthly pension payable to all survivors shall not exceed the amount to which such member would have been entitled at age fifty. Such payment to or on behalf of surviving children shall cease when the youngest child reaches the age of eighteen or in the case of any children who further their education, the last child who graduates, quits school, reaches the age of twenty-two, or fails to provide proof of educational eligibility. Such payment to or on behalf of surviving children will also cease when the last child eligible for benefits marries. Any child furthering their education and wishing to qualify for benefits must produce annually, in person and to the satisfaction of the Eden Prairie Fire Department Relief Association board of trustees, proof said child is a full time student in a college or trade school. A member who is on the pension roll shall not be eligible for any disability benefits as provided for in ARTICLE VII of these bylaws. Section 4, For the purpose of determining eligibility for relief, the surviving spouse of a member must have been married to the member for at least one year prior to the member's retirement. The surviving spouse of a retired member who is receiving a pension or who is on a deferred status shall be paid monthly until death or re-marriage two thirds of the amount to which the member was entitled before death. Section 5. For purposes of computing benefits or pensions payable under ARTICLES VII and VIII, a "year of service" shall be defined as a period of 12 full months of active duty in the Eden Prairie Fire Department beginning on the date when the member became an active fire fighter in said fire department. If a member's period of active service has not been continuous, parts of years may be added together to compute full years. An active fire fighter is defined as a probationary or regular member of the Eden Prairie Fire Department. Section 6. Monthly benefits payable to a retired member or survivors shall be inceased to the amount provided for by any increase which will be payable to a future recipient in the same classification (only monthly benefits will be passed on the members collecting; lump sum payment increases are not to be passed on). It should also be noted that any increase in benefits will take effect one month following the approval of the city council. ARTICLE IX Amendments • Section 1. The bylaws of this Association may be amended at any regular or spe- cial meeting thereof by a favorable vote of two thirds of the total membership " present and voting, provided that m quorum is present, the revisions have been reviewed by the Association's board of trustees, and provided further that : notice of any proposed amendment or ,amendments shall be given by reading. the: same at a regular or special meeting not more than thirty-one days next pre- ' ceding that upon which such amendment or amendments are acted upon, and that a notice be mailed to each member at his last known address not less than ten days prior to such meeting, and provided further, that if such amendment or amend- ments shall change the amount of benefits or pensions, approval -of the city council of Eden Prairie must be obtained before such change may take -effect. These bylaws were adopted by the membership on this 14th day of November, 1985 and, upon approval of the City Council of Eden Prairie, will supercede all prior bylaws of this Association. OLL.0.-1 deLJ 7AstAJAA/cr ,,-, Tom Wilson, Secretary These bylaws were approved by the City Council of Eden Prairie on this day of , 1985. John Franc, City Clerk MEMORANDUM TO: Mayor and City Council THROUGH: City Manager Carl J. Jullie FROM: Assistant to the City Manager Craig W. Dawson SUBJECT: Joint Powers Agreement, Southwest Area Transit Commission DATE: July 9, 1986 Work continues to progress on implementing a transit service for the cities of Eden Prairie, Chaska, and Chanhassen. The cities consultant for the project, BRW, Inc., has prepared preliminary routes (map attached) after receiving comments from the transit advisory committee. These routes will be forwarded to the Regional Transit Board (RTB) as part of the application to receive status as a Transit Demonstration (Opt-out) Service Area. In order to have this designation, the RIB prefers that an entity be established to coordinate the transit service. Having a joint powers agreement to establish such a commission makes sense. The transit advisory committee unanimously recommended that the attached joint powers agreement be executed by the respective City Councils. The agreement, which was prepared by the Eden Prairie City Attorney and approved by the attorneys for all three cities, is modeled after that of the Southwest Suburban Cable Commission. Each City would appoint two persons for 3-year terms to represent it on the Commission. An operations advisory committee comprised of city staffers would handle technical matters prior to action which may be necessary by the Commission. A provision is made to employ a transit administrator. Annual budgets must be presented to and approved by the City Councils. One of the more difficult issues to resolve in the agreement was that of insurance. The level stated in agreement is $600,000 for liability and umbrella coverage for $1,000,000, amounts in keeping with statutory limits on recovery awards. (This section may need to be amended from time to time.) One of the primary advantages of a joint powers commission is that it can remove a City from direct liability. A City may also be sued, of course, but it should be viewed as a less directly responsible party. Risk management costs can be borne by the Commission, which is funded by the RTB levy rather than City general funds. Insurance levels in the agreement are designed to cover the Commission as an administrative entity. The transit operator will be required to carry adequate insurance to cover the physical operations of the bus system. The joint powers agreement will be on the agendae of the meetings of the Chaska and Chanhassen City Councils during the week of July 20. Upcoming Activities: Shortly after the Commission is formed, it will inform transit operators of upcoming requests for bids or proposals. Transit companies have contacted City staffs and made them aware that some lead time to procure equipment will be necessary. A process to hire a transit administrator wil be started so that he/she will be able to begin employment after RIB approval of the application. Request for bids or proposals and contract documents will be prepared. Service is anticipated to begin in late October. Recommendation: It is recommended that the City Council approve the attached joint powers agreement establishing the Southwest Area Transit Commission and authorize the Mayor and City Manager to execute the agreement. CWD:jdp ) JOINT POWERS AGREEMENT ESTABLISHING A SOUTHWEST AREA TRANSIT COMMISSION THIS JOINT POWERS AGREEMENT is made and entered into this day of , 1986, by and between the Cities of Eden Prairie, Chanhassen, and Chaska, all being municipal cor- porations organized under the laws of the State of Minnesota, pursuant to authority conferred upon the parties by Minnesota Statutes 5174.265, Minnesota Statutes 5473.384, 5473.388, and/or Minnesota Statutes S471.59. WHEREAS, the Cities of Eden Prairie, Chaska, and Chanhassen have completed a Project Study under the Metropolitan Transit Service Demonstration Program, which was established in 1982 by the Minnesota Legislature under Minnesota Statutes 5174.265; WHEREAS, the purpose of this study was to test the efficiency and effectiveness of alternative methods of providing public transit service for communities that are within the metropolitan transit taxing district, but that are not adequately served by existing regular route transit; and WHEREAS, each of the parties hereto desires to enter into this Joint Powers Agreement and has, through the actions of its respective governing bodies, been duly authorized to enter into this Joint Powers Agreement for the purposes hereinafter stated. NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual covenants and agreements contained herein, it is hereby agreed by and between the Cities of Eden Prairie, Chaska, and Chanhassen, through their respective City Councils, that: 1. NAME. The parties hereto hereby create and establish the SOUTHWEST AREA TRANSIT COMMISSION. 2. PURPOSE. The purpose of this Agreement and the SOUTHWEST AREA TRANSIT COMMISSION is to provide alternative methods of providing public transit service for the Cities of Eden Prairie, Chanhassen, and Chaska pursuant to Minnesota Statutes S473.384 and/or Minnesota Statutes S473.388. 3. DEFINITIONS. a) "Commission" means the organization created by this Agreement, the full name of which is the "SOUTHWEST AREA TRANSIT COMMISSION." b) "Board" means the Board of Commissioners of the SOUTHWEST AREA TRANSIT COMMISSION. -1- c) "Council" means the governing body of a party to this Agreement. d) "Regional Transit Board" (RTB) is the regional transit board as established by Minnesota Statutes S473.373. e) "Advisory Committee" is a committee consisting of the City Manager or Chief Administrator of each party, or his or her designee, which shall act as an advisory body to the Board. f) "Party" means any municipality which has entered into this Agreement. 4. PARTIES. The municipalities which are original parties to this Agreement are Eden Prairie, Chanhassen, and Chaska. No change in governmental boundaries, structure, organizational status or character shall affect the eligibility of any party listed above to be represented on the Commission so long as such party con- tinues to exist as a separate political subdivision. 5. BOARD OF COMMISSIONERS. a) The governing body of the Commission shall be its Board which will consist of six commissioners. Each party shall appoint two commissioners. b) There shall be three classes of commissioners. The term of each commissioner in Class 1 shall expire on December 31, 1987, and every three years thereafter. The term of each commissioner in Class 2 shall expire on December 31, 1988, and every three years thereafter. The term of each commissioner in Class 3 shall expire on December 31, 1989, and every three years thereafter. The original commissioners shall be appointed to Classes 1 through 3 by draw, provided that no two commissioners appointed by a party shall be members of the same class. Two commis- sioners shall be assigned to Class 1, two commis- sioners shall be assigned to Class 2, and two commissioners shall be assigned to Class 3. The successors of each of the original commissioners shall be appointed to the same class as their predecessor. c) A commissioner may be removed by the party appointing him/her with or without cause. d) The commissioners shall serve without compensation from the Commission, but this shall not prevent a party from providing compensation for a commis- sioner serving on the Board. -2- e) A majority of the members of the Board shall constitute a quorum of the Board. Attendance by a quorum of the Board shall be necessary for con- ducting a meeting of the Board. The Board may take action at a meeting upon an affirmative vote of a majority of the quorum, unless hereinafter specified otherwise. f) At the organizational meeting or as soon thereafter as it may be reasonably done, the Board may adopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or special meeting of the Board provided that at least ten (10) days prior thereto, notice of the proposed amendment has been furnished to each member of the Board. A majority vote of all eligible votes of the then existing members of the Board shall be required to adopt any proposed amendment to such rules and regulations. g) At the organizational meeting of the Board, and in January of each year thereafter, the Board shall elect a chairperson, a vice chairperson, a secre- tary, a treasurer, and such other officers as it deems necessary to conduct its business and affairs. The duties of the officers shall be designated in the rules and regulations established by the Board. 6. POWERS AND DUTIES OF THE COMMISSION. a) General. The Commission has the powers and duties to establish a program pursuant to Minnesota Statutes S473.384 and/or Minnesota Statutes S473.388 in order to provide public transit service to serve the geographic area of the parties. The Commis- sion shall have all powers necessary to discharge its duties. b) The Commission may acquire, own, hold, use, improve, operate, maintain, lease, exchange, transfer, sell, or otherwise dispose of equipment, property, or property rights as deemed necessary to carry out the purposes of the Commission. c) The Commission may enter into such contracts with such persons or corporations, public or private, to carry out the purposes of the Commission. The Commission may, if deemed necessary, contract for and purchase such services, equipment, and func- tions as the Board deems necessary for the protec- tion of the Commission and the parties and to -3- implement the provisions of the plan and program. The Commission shall not enter into any contract or incur any obligation in violation of the provisions of Minnesota Statutes Chapter 475. d) The Commission may establish bank accounts, both savings and checking, as the Board shall from time to time determine. e) The Commission may employ an administrator, whose duty shall be to administer policies as established by the Commission. The administrator shall be an employee of the Commission. Compensation of the administrator shall be established by the Board. The Commission may enter into employment contracts with other personnel and may provide for compen- sation, insurance, and other terms and conditions that it deems necessary. f) The Commission may, in lieu of directly operating a public transit system or any part thereof, enter into a contract for management services. The contract may provide for compensation, incentive fees, the employment of personnel, and other terms and conditions that the Commission deems proper. g) The Commission may sue or be sued. h) The Commission may accept any gifts, grants, or loans of money or other property from the United States, the state, or any person or entity; may enter into any agreement required in connection therewith; may comply with any federal or state laws or regulations applicable thereto; and may hold, use, and dispose of the money or property in accordance with the terms of the gift, grant, loan, or agreement. i) The Commission shall provide any party with data and information requested by the party in accord- ance with law. The Commission shall, in the deve- lopment of the program and implementation thereof, prepare such reports, either financial or manage- ment, as required by the Regional Transit Board or other governmental units. j) The Commission shall cause to be made an annual audit of the books and accounts of the Commission and shall make and file the report to its Members at least once each year, which report shall contain such information as good accounting practices require and such further information as required by the Regional Transit Board or other governmental units. -4- k) The Commission shall maintain books, reports, and records of its business and affairs which shall be available for and open to inspection by the parties at all reasonable times. 1) The Commission may contract to purchase services from any one of the parties. 7. OPERATING COSTS, BUDGET, AND FINANCIAL LIABILITY. a) Operating Costs. Operating costs shall include all non-capital costs for the maintenance and operation of the transit system, including, but not limited to, gasoline, oil, lubricants, parts, repairs, labor, and service for any vehicles employed in such operation; insur- ance premiums; salaries and other direct payments for work or labor in performance of the services furnished by the transit system; indirect costs incurred in the employment of persons for the per- formance of such services, such as taxes, unemploy- ment compensation, workers' compensation, insurance benefits paid to or accrued for such employees, and any other costs attributable to such employment; and any expenses incurred in connection with con- tracts for management services. b) Budget. The Commission shall have a fiscal year beginning January 1 and ending December 31. On or before July 1 of each year the Advisory Board shall prepare an estimated budget for the next fiscal year including an estimate of capital expenditures, operating costs, and revenues. Estimated capital expenditures and operating costs shall be limited to revenues received pursuant to Minnesota Statutes S473.384 and Minnesota Statutes S473.388, and estimated revenues to be received from the opera- tion of the transit system. The Board shall review and approve or disapprove the budget. One-twelfth (1/12) of the estimated annual budget shall consti- tute the estimated monthly budget. The estimated annual and monthly budgets may be adjusted from time to time on the basis of actual costs incurred or changes in estimated revenue. In the event of an adjustment of the budget, there shall be furnished to each party a computation of said adjustment. c) Financial Liability. The primary annual financial contribution to the Commission of each party shall be equal to the -5- -6- total amount of assistance which each party receives pursuant to Minnesota Statutes S473.384 and Minnesota Statutes S473.388. In addition, each party shall be responsible for annual debts and obligations of the Commission which exceed annual revenues in accordance with the following formula. Each party shall be liable for that percentage of the total annual debts and obligations which exceed total annual revenue which is directly proportional to that party's primary annual financial contribu- tion in comparison to the total primary annual financial contribution by all parties to the Commission during the year in question. The Board shall submit a monthly bill to each party for its proportionate share of actual expenses which exceed actual revenues. At the end of each fiscal year, each party shall be credited for any excess pay- ments made by it during the year, or billed for its proportionate share of actual expenses which exceed actual revenues for which it had not previously been billed. Upon receiving a bill from the Commission, each party shall remit payment of the same within 30 days. To the extent that each party is financially liable pursuant to the above for- mula, each party hereby agrees to indemnify any other party which for any reason assumes payment of its debts in connection with the operation of the Commission. d) Financial Liability Limited. Notwithstanding anything to the contrary contained in paragraph 7(c) above, each party's liability under this contract shall be limited to the extent that it shall not result in any indebtedness or the incurrence of any pecuniary liability for which it shall be necessary to levy in any year a rate of taxes higher than the maximum prescribed by law or to do any other thing in violation of Minnesota Statutes S275.27 or any other law which shall cause this Agreement to be null and void. Nothing con- tained in this Agreement shall preclude any party from providing in any budget for, or making any expenditure, or selling or issuing any bonds, or creating any indebtedness, the payment of principal or interest of which shall require the levy of taxes which levy may or may not be subject to any maximum levy limitation or limitations prescribed by law. Such party's obligation to levy taxes for payment of and to pay any amount to any other party from any such tax levy shall be subordinate to, and may occur only after provision is made for, the levy of taxes for and the payment of any such expenditure or indebtedness, the sale of issuance of bonds and the payment of principal or interest thereon. 8. INSURANCE. The Commission shall provide or cause to be provided motor vehicle liability (other than that applicable to public transit vehicles), general public liability, and public officials liability insurance in amounts not less than $1,600,000, and workers' compensation insurance. The Commission shall also pro- vide or cause to be provided insurance insuring against liability arising out of the ownership and operation of public transit vehicles in such amounts and on such terms as the Commission shall determine. The Commission may also provide insurance for fire, theft, motor vehicle collision insurance, and other insurance relating to any of its property, rights, or revenue, or any other risk or hazard arising from its activities. The Commission may provide for the insuring of its officers or employees against any other liability, risk, or hazard. 9. DURATION OF AGREEMENT. This Agreement shall continue in force until January 1, 1988, and thereafter from year to year, subject to withdrawal by a party or termination by all parties. Withdrawal by any party shall be effected by serving written notice thereof upon the other parties no later than July 1 of the year at the end of which such withdrawal is to be effective. Withdrawal from the Agreement by any party at the end of the calendar year shall not affect the obligation of any party to perform the Agreement for or during the period that the Agreement is in effect. Withdrawal of any party or termination of the Agreement by all parties shall not terminate or limit any liability, contingent, asserted or unasserted, of any party arising out of that party's participa- tion in the Agreement. 10. DISTRIBUTION OF ASSETS. In the event of withdrawal of any party from this Agree- ment, all of the capital assets, real estate, liquid assets, prepaid expenses and cash utilized by the Commission or its designated management services, which the withdrawing party may have contributed to in proportionate share, shall be forfeited to the Commission. In the event of termination of this Agreement by all parties, all of the capital assets, real estate, liquid assets, prepaid expenses, and cash which remain after payment of debts and obligations shall be distributed among the munici- palities who are parties to this Agreement immediately prior to its termination in accordance with the following formula. Each municipality shall receive that percentage of remaining assets determined by dividing the total amount which that municipality contributed to the Commission during the previous five years by the total amount contributed to the Commission over the previous -7- five years by all the municipalities who are parties to this Agreement immediately prior to its termination. The amount of the distribution to any party pursuant to this Agreement shall be reduced by any amounts owed by the party to the Commission pur- suant to paragraph 7(c) and shall be subject to the party's continuing liability pursuant to paragraph 9. 11. ARBITRATION. If the parties are unable to agree upon any matter to be decided by the Commission, any party may submit such unresolved dispute for arbitration in accordance with the rules of commer- cial arbitration of the American Arbitration Association, with the parties sharing the costs of such arbitration equally (other than each parties' own expenses incurred in presenting its posi- tion during the arbitration proceedings). In the event any dispute is submitted to arbitration, the parties agree to be bound by the results of the arbitration. 12. COOPERATIVE EFFORT. Each of the parties agrees that it will cooperate fully and in a timely manner to take the actions necessary to facili - tate and accomplish the foregoing provisions of this Agreement. 13. EFFECTIVE DATE. This Agreement shall be in full force and effect from and after the date of passage and adoption by the governing body of each party. IN WITNESS WHEREOF, the undersigned Governmental Units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statutes S471.59. CITY OF EDEN PRAIRIE BY: Its BY: Its Approved by the City Council of Eden Prairie this day of , 1986. -8- CITY OF CHANHASSEN BY: Its BY: Its Approved by the City Council of Chanhassen this day of , 1986. CITY OF CHASKA BY: Its BY: Its Approved by the City Council of Chanhassen this day of , 1986. -9- July 9, 1986 TO: Chief Wall FROM: Phil Mathiowetz SUBJECT: OPEN BURNING AND BURNING PERMITS For as long as I am aware, and perhaps since the beginning of time itself, open burning has been allowed in the Eden Prairie area. This burning was done indiscriminately, and without any benefit of local control or guid- ance. Beginning in June of 1981, a permit program was initiated in an attempt to ward off possible hazardous situations. Permits were based on existing fire code requirements at that time, and primarily allowed burning any- where within the City, so long as the fire was at least fifty feet from a building. While this method gave us some control over who was burning, it did not limit the amount of burning being done. As the City grew more rapidly, it seemed as if everyone wanted a permit to burn brush as they cleared their lots for construction. With each permit came a flood of complaints about smoke. Also, the incidents of false fire alarms increased dramatically as people in the area were able to convince 11 police and fire dispatchers that the smoke or odors they were experiencing could not possibly be from the area burning permit. Beginning in January 1984, I, as the City Fire Marshal, made an administrative decision to discontinue all burning permits. My decision was based on costs . and liabilities to the City from false alarms, accidents, and our inability 0 to personally or adequately control burning sites or projects due to other rapidly escalating duties and responsibilities within my own position. This no burning policy remained in effect until March of 1984. At that time, pressure from local residents and development contractors prompted then Mayor Penzel to request that burning permits again be issued. After serveral discussions with the Public Safety Director, City Manager and City Attorney, burning permits were reinstated using the current regu- lations which closely resemble the Minnesota Pollution Control Agency re- quirements for open burning and provides for reimbursement of city expenses . for false alarm calls. The most significant of the the new requirements is that the fire be at least 600 feet from any structure. This has reduced the number of permits from highs of 25 each in 1982 and 1983 to 3 in 1984, 2 in 1985, and 6 to date in 1986. There have been no false alarms since instituting the new burning permit. I am convinced that this is due to the large distance ( equirements and limited amounts of burning being done. he procedure for obtaining a burning permit is basically quite simple. Permits may be applied for by either picking up or having an application form mailed out. The completed application is then returned along with the minimal permit fee. For projects that are extremely large or remote, in- .7 J,3 Chief Wall ( July 9, 1986 Page two spections are done as time permits. For unfamiliar or potentially contro- versial projects, inspections are done prior to burning. Police patrol cars are notified prior to the start of burning and perform informal drive- bys on routine patrol. All fires have 24 hour supervision requirements which are strictly adhered to or permits are revoked. Development contractors attempt to use burning permits solely as a cost and time saving method of land clearance. Many landfills will not accept trees and those that do charge as much as $50.00 - $100.00 per load. Major projects can generate as many as 50-75 loads compared to 5-10 loads of burned materials There are few alternatives to burning. One obviously is clearing and halling trees and brush to an approved landfill. The second may be chipping and using the chips for other purposes. However, this may not be cost effective as there may not be that many uses on site for a mountain of wood chips, the process is time consuming, and finally large diameter trees may not fit in the chipping machine. The last option may be burying the materials. This is probably not practical due to the fact that decaying wood would not supply an adequate enough base for construction purposes. Also, trees would not be allowed to be buried in flood plain areas or standing bodies of water. Ai The burning permit which was issued for the old Minnesota Tree site was is- sued based on the attached permit application and permit form. On Wednesday, July 8th, I measured distance from the burn site to the nearest structures. The closest two buildings are the Norwest Bank building and Learning Tree Day Care. The Day Care is in excess of 625 feet from the burning site and the bank is slightly further. On the day of the burn, I was present when the initial fire was lit. The fire consisted of trees and debris from the old house on the site. I ob- served the fire,off and on, for the next five hours. After the initial fire was started, I spoke with the foreman and informed him that the old creosote timbers could not be burned and would have to be hauled away. He agreed and stated he had planned for that anyway. The fire burned very intensely and created very little smoke. All smoke was rising straight up and was very light in color. With the fire burning as intensely as it was initially, any roofing materials from the old house were immediately consumed and offered no adverse problems. The major complaints originated after an extremely heavy rain storm caused the burning trees to cool down and smolder.. An unfortunate temperature inversion caused the smoke to remain near the ground. After several complaints and the urging of Councilman Anderson, I informed the contractor he must extinguish the fire, which he did. As I see it, we have several options. The first would be to continue as we are and issue permits under the present system. The second would be to dis- t ontinue issuing permits altogether and place the entire problem in the hands of the PCA. We would no longer then have any control over permits. Lastly, we could issue permits only to professional companies who perform burning as their business. would be happy to discuss any questions or concerns you may have. I La EDEN PRAIRIE DEPARTMENT OF PUBLIC SAFETY Fire Prevention Bureau 7900 Mitchell Road Eden Prairie, MN 55344 937-2700 APPLICATION FOR BURNING PERMIT Name: Representing: Phone: Address: Location of Burn: Date(s) Requested:_ Reason for Request: Permit Fee: $25.00 Residents -- Make check payab l e t o : C i t y o f E d e n P r a i r i e $25.00 Per Week - Contractors - PERMIT REQUIREMENTS: -- The fire may not consist of rubbish or waste ma t e r i a l s . -- The fire must be at least 600 feet from any bui l d i n g o r s t r u c t u r e . -- Precautions must be taken to prevent the fire f r o m s p r e a d i n g t o w i t h i n 600 feet of any building or structure. -- The fire must be attended constantly by a responsible adult until the fire is extinguished. -- A hose must be connected to a water supply or there m u s t b e o t h e r equipment available to adequately control or exti n g u i s h t h e f i r e . -- The Eden Prairie Department of Public Safety mu s t b e n o t i f i e d b e f o r e t h e fire is ignited and after it is extinguished (937- 2 7 0 0 ) . -- Any chief of the Fire Division or any Public S a f e t y O f f i c e r m a y p r o h i b i t any fire or revoke any permit if atmospheric or lo c a l c o n d i t i o n s w a r r a n t . -- No burning is allowed on weekends. -- In the event that any burning activities autho r i z e d b y t h i s p e r m i t o r related to burning activities authorized by this p e r m i t r e s u l t , d i r e c t l y or indirectly, in fire or medical responses from t h e C i t y o f E d e n P r a i r i e , then the person or organization obtaining this p e r m i t s h a l l r e i m b u r s e t h e City of Eden Prairie for all costs incurred by t h e C i t y f o r s u c h responses. The person or organization obtaining t h i s p e r m i t s h a l l b e a r these costs whether or not the call for emergenc y a i d w a s j u s t i f i e d a n d whether or not the person or organization obtain i n g t h i s p e r m i t participated in the particular burning activity w h i c h n e c e s s i t a t e d t h e emergency response. -- Violations of any of the above conditions will r e s u l t i n l o s s o f t h i s permit. Do Not Write Below This Approved Check Number Disapproved Reason Philip Mathiowetz Fire Marshal '')(j) EDEN PRAIRIE DEPARTMENT OF PUBLIC SAFETY Fire Prevention Bureau 7900 Mitchell Road Eden Prairie, MN 55344 BURNING PERMIT Number Date To Whom It May Concern: Name: Address: Phone: is hereby given permission to have an open fire within the City Limits of Ed e n Prairie starting at on at (time) (date) . Said fire to be (location) extinguished no later than on (time) (date) NOTICE: -- The fire may not consist of rubbish or waste materials. -- The fire must be at least 600 feet from any building or structure. -- Precautions must be taken to prevent the fire from spreading to within 600 feet of any building or structure. -- The fire must be attended constantly by a responsible adult until the fire is extinguished. -- A hose must be connected to a water supply or there must be other equipment available to adequately control or extinguish the fire. -- The Eden Prairie Department of Public Safety must be notified before the fire is ignited and after it is extinguished (937-2700). -- Any chief of the Fire Division or any Public Safety Officer may prohibit any fire or revoke any permit if atmospheric or local conditions warrant. -- No burning is allowed on weekends. -- In the event that any burning activities authorized by this permit or related to burning activities authorized by this permit result, directly or indirectly, in fire or medical responses from the City of Eden Prairie, then the person or organization obtaining this permit shall reimburse the City of Eden Prairie for all costs incurred by the City for such responses. The person or organization obtaining this permit shall bear these costs whether or not the call for emergency aid was justified and whether or not the person or organization obtaining this permit anticipated in the particular burning activity which necessitated the emergency response. -- Violations of any of the above conditions will result in loss of this permit. Philip Mathiowetz PM • 110 Fire Marshal MEMORANDUM TO: Mayor and City Council FROM: Director of Public Works Eugene A. Dietz RE: Chain of Lakes Study DATE: July 9, 1986 Attached is a copy of the Preliminary Draft of the Chain of Lakes Study as prepared by Barr Engineering for Riley-Purgatory-Bluff Creek Watershed District. Also attached to this memorandum is a copy of a letter dated June 18th from Barr Engineering and a Draft Policy Statement regarding project financing and Watershed District participation. The Report seems rather lengthy, but in fact the text is only about ten pages long. The important items that you should look for while reviewing the document are as follows: 1) There are two Figure 2s, the one designated Figure 2, Alternate 2, in fact shows both alternates as originally proposed by the Engineer. Alternate 1 provides all the necessary interconnecting piping between the lakes and is shown in a solid heavy dark line, with the exception of the 27 inch pipe connecting Mitchell Lake to the Railroad tracks. This Alternate provides both the interconnection for the lakes as well as a trunk storm sewer system for development in the vicinity west of County Road 4. Alternate 2 provides only the basic interconnection between the lakes without providing additional capacity west of County Road 4. Therefore, the only difference between alternates is in the pipe sizing that connects Mitchell Lake to Red Rock Lake -- otherwise the project is the same. 2. The last page of the Report is Table 4 and outlines the construction costs for the two alternates. You will note that there is approximately one million dollars difference between the alternates and that is for the oversizing necessary to provide trunk storm sewer for the area west of County Road 4. 3. The attachment that provides a Policy Statement regarding financing and Watershed District participation is an important element to this project. You should note that the Chain of Lakes project in Eden Prairie is in fact a first priority project, which allows up to 100% of the project to be funded by the Watershed District. However, that is for construction costs only and is not the proposed policy as it relates to land acquisition. Therefore, of the estimated costs shown on Table 4, Table 5 of the Report shows the potential District participation as being $717,000.00. 4. Finally, the June 18th letter from Barr Engineering should be carefully reviewed. This letter summarizes additional information as prepared by the consultant as a result of a meeting with City staff and takes into account some refinements to the plan. Specifically, this third alternate introduces storm water detentiOn basins into the segment between Mitchell Lake and Red Rock Lake. The net effect is that the project would cost $1,102,000 attOMparecito the figures on Table A of the Report. A particular advantage to this Alternate is that there are two pipe segments between Mitchell Lake and Red Rock Lake. One segment:actually interconnects the lakes , while the second segment PrOvides for drainage south of the Railroad tracks and west of ,County Road 4. It is possible to defer the southerly pipe Segment and consequently differ approximately $240,000.00 of construction costs ($264,000.00 with until development istminent. The result woulUbe that the interconnection of the lakes could be accomplished for $838,000.00 -- ofiAlch the District may be able to participate to the extent of $717,000.00. You should take particular note Of the fact that all of the figures listed above do not include any costs for easements or right-of-way. :While thel/iStrict's proposed policy allows participation up:to 100% Of the project costs, 1 understand from the Watershed District Engineer that land acquisition is a third priority and is subject to up to 25% participation of project costs. Each of the three alternates has special implications if selected. I will be available at the Council meeting to discuss those implications in moreAetail and answer additional questions you will :have regarding the project. However, all things considered, Alternatel would appear to have the most flexibility and therefore be the most advantageous to the City of Eden Prairie EAD:jp Attachments ma' Engineering Company Gargles W. Barr John D. Orckson L. R. WIDOW Allan Gabhard Leonard J. Kramer Dennis E. Palmer June 18, 1986 Mr. Gene Dietz Director of Public Works City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Eden Prairie Chain of Lakes Dear Mr. Dietz: As a follow-up to our meeting last week, a third alternate for the handling of stormwater runoff from Mitchell Lake to Red Rock Lake has been analyzed and is shown on the attached figure. This alternate, proposes the installation of the Mitchell Lake outlet to Red Rock Lake with storage provided along the alignment to handle runoff from the urbanizing areas. Runoff from the majority of the area south and east of the railroad tracks is to be ultimately handled by a trunk storm sewer system which would be installed by the City of Eden Prairie as this area urbanizes. This southeastern area is approximately 330 acres and would not be considered a part of the overall Chain of Lakes project. The attached figure shows the proposed alignment, resultant outflow discharges, normal elevations and pipe sizes for the handling of stormwater runoff within this area. The estimated construction cost for this alternate, from Mitchell Lake to Red Rock Lake, would be $260,000. This does not include easement, right-of-way costs or engineering costs. In comparison, the cost for constructing Alternate 2, which only provides sufficient capacity for the outflow discharge from Mitchell Lake is $250,000. The cost of the two systems is comparable as a result of providing storage for the urbanizing areas along the proposed alignment. For the majority of the area south and east of the railroad tracks, the figure shows that two stormwater detention areas are proposed. Pipes connecting these basins with an ultimate discharge into Red Rock Lake is proposed. The estimated construction cost for this system is approximately $240,000, which does not include easement or engineering costs. It has been assumed that areas designated for flood storage would be incorporated into the development plans as this area urbanizes. These storage areas are "kettle holes" and will likely remain in their existing condition because the cost of developing (filling in), these areas would be significant. This results in these areas making excellent detention facilities. The outlets provided essentially are high level, low flow outlets with the basin bottom being approximately 20 to 30 feet below the invert elevation of the outflow pipe. 7803 Glanhay Road MInntrapollt, MN 55435 6121830-G555 Once you have had a chance to review this informa t i o n , p l e a s e c a l l m a : with any questions you may.have. If this alterna t e i s a c c e p t a b l e t o t h e City, I will include it in the Engineer's Feasi b i l i t y S t u d y a n d d r a f t additional paragraphs of the text summarizing thi s o p t i o n . cerely, Rfibery( C. Obermeyer RCO/111 enc. Dietz/330,0 Mr. Gene Dietz Page 2 June 18, 1986 0 2000 4000 SCALE IN FEET WV' Major Watershed Divide ---- Interior Watershed Divide Proposed Outlet Alignment Artificial Storage Site Storm Sewer Size /847 Invert Elevation Discharge in CFS Figure 2 ALTERNATE 3 CHAIN OF LAKES WATERSHED PROPOSED IMPROVEMENTS RILET-PURCATORY-ELUFF CREEK WATERSHED DISTRICT praft folicy Statement Regarding Project Financing - Watershed District Participation Introduction Several alternatives exist for a watershed district to involve itself in the financing of projects initiated under Chapter 112 of the Minnesota Statutes. It is the intention of this policy statement to set forth the Managers' philosophy and objectives with regard to the District's financial participation in Chapter 112 improvement projects. Methods Available for Financing ImProvement Projects Under Chapter 112, a watershed district can provide for or assist in the financing of an improvement project by one of several methods. A. list of the primary financing methods is as follows: 1. Special assessments levied by the District against lands benefitted by a project. 2. Participation by the District in cooperative project agreements with federal, state and local govermental agencies, with the District's allocated costs to be obtained from its administrative funds. 3. One mill general tax levy by District in payment of basic water management projects petitioned for directly and solely by municipalities. District Particioation Whenever any project calling for improvements to the basic water management plan of the District as identified in the Overall Plan is properly initiated, the District intends to contribute directly for the payment of such projects. The District will expend available funds for its attributable portion of the costs or utilize tax levy authorities as set forth under methods numbered 2 and 3 above. The commitment and expenditures of these financial resources will be predicated upon the priorities for initiation of projects set forth below. To the extent administrative funds are to be used, the projects will be included in the annual budget. If funds exceed the $125,000 annual total budget, the Managers would encourage petitions by municipalities pursuant to Section 112.61 so as to be able to levy a general one mill over the entire District. Project Priorities The District's Overall Plan identifies both general and specific improvement projects which might be petitioned and initiated to provide for basic management of the water and related resources found within the District. Fundamental to the District's basic overall water management plan is proper and sufficient hydraulic control of Riley, Purgatory, and Bluff Creeks and the major lakes lying within the District. Projects primarily involving this aspect of the basic water management plan will, therefore, be given the highest priority by the District. A summary of these types of general and specific projects are as follows: Staring Lake Outlet Chain of Lakes in Eden Prairie Purgatory Creek Recreation Area Removal of obstructions located within the channel of the creek Restoration, stabilization, of the creek channel which is required to minimize the potential of damage from occurring as a result of the natural meandering process of the creek Improvement of the water quality in the creeks and lakes Sediment control and skimming structures Similar types of hydraulic-related projects /V') A second category of improvement projects contemplaed in the District's basic overall water management plan suggests enhancement of the waters and related land resources located within the District. A list of these types of potential projects is as follows: Development of walkways along the creek and major water areas Development of swimming beaches Improvement of wildlife habitat Fish stocking Open space beautification These projects will be given consideration in the annual budget process for cost sharing between a municipality and the District. The third project classification of the District deals with projects involving floodplain land acquisition. The Managers recognize the importance of properly preserving and regulating floodplain lands because of their importance in the total hydrologic cycle. Because of the limited financial resources and tax levy authority available to the District, floodplain lands acquisition projects are given the lowest priority for District financial participation. The District is aware of the considerable costs associated with floodplain lands acquisition and believes that financing of such acquisition projects is better left to funding methods other than direct expenditures from District administrative funds. District Percentage Allocation In participating financially in improvement projects, the District will review and consider its participation in each individual project proposal based on the merits of the project. Guidelines for financial assistance from the District will, however, be based upon the following percentage allowaction for the three priority classifications enumerated above: nfl nri9 First Priority Second Priority Third Priority Up to 100% maximum of total project cost Up to 50% maximum of total project COSt Up to 25% maximum of total project COSt The above percentage allocations will be applied by the District in determining the amounts which actually will be comitted upon any single improvement project. Two other factors will also be considered by the District in determining the extent of District financial participation in any given improvement project. The first factor involves the availability of 'uncommitted funds in the District's administrative fund. The second factor is the determination of the one mill levy tax authority existing at the time of initiation of any improvement project. Summary The District is willing and desirous of participating financially in undertaking improvement projects within the District. If financial resources from the administration fund and direct mill levy tax authority are limited. Hence, there exists the necessity to define priorities of projects and the proportionate amounts of the total project costs for which the District will consider participating financially. The above priorities and percentage allocation commitments reflect the District's present policy to best accomplish these objectives. RPPOL/330,0 Ropert/C. Obermeyer ENGINEERING CO. ngineers for the District Riley-Purgatory-Bluff Creek Watershed District Engineering Advisor: Barr Engineering Co. 6800 France Ave. Edina, MN 55435 920-0655 Legal Advisor Popham, Haik, Schnobrich, Kaufman & Doty 4344 IDS Center Minneapolis, MN 55402 333-4800 May 13, 1986 Bob Lambert Director of Community Services City of Eden Prairie .8950 Eden Prairie Road -Eden Prairie, Minnesota 55344 Dear Mr. Lambert: At the last meeting of the Board of Managers of the Riley-Purgatory-Bluff Creek Watershed District, the Board instructed us to forward a draft copy of the Engineer's Report for the Chain of Lakes Project in Eden Prairie to the City for review. Once the City has reviewed the report, the District staff would like to meet with the City staff to discuss the next phase of the project. If you have any questions or comments, please contact either Fred Richards (333-4800) or me (830-0555). RC0/111 enc. c: Mr. Frederick Richards Mr. Frederick Rahr INTRODUCTION BACKGROUND INFORMATION TABLE OF CONTENTS GENERAL PLAN OF PROPOSED IMPROVEMENT Round Lake Outlet Mitchell Lake Outlet Red Rock Lake Outlet McCoy Lake Outlet RIGHT-OF-WAY REQUIREMENTS ENVIRONMENTAL IMPACTS PROJECT COSTS RECOMMENDATIONS APPENDIX A: Petition of the City of Eden Prairie for the Chain of Lakes Outlet Project APPENDIX B: Cost Estimates - Lake Outlet and Trunk Sewer System APPENDIX C: Cost Estimates - Lake Outlet System Only I hereby certify that this report was prepared by me or under : my direct supervision and thati 'Alfe a duly Registered Professional.: Engineer under the laws of the State of 'Minnesota. Robert C. Obermeyer Date: Re ENGINEER'S REPORT CHAIN OF LAKES OUTLET PROJECT LIST OF TABLES TABLE 1 Ultimate Land Use Type - Chain of Lakes Subwatersheds TABLE 2 Lake Outlets Design Summary TABLE 3 Right-of-Way Requirements TABLE 4 Construction Cost Summary - Lake Outlet and Trunk Sower System TABLE 5 Construction Cost Summary - Lake Outlet System Only LIST OF FIGURES FIGURE 1 Location Map and Watershed District Boundaries FIGURE 2 Chain of Lakes Watertshed - Proposed Improvements ENGINEER'S REPORT CHAIN OF LAKES OUTLET PROJECT INTRODUCTION This report summarizes the technical, economic, and environmental data relevant to the feasibility of the construction of the Chain of Lakes outlets project, a water management project proposed by the City of Eden Prairie, Minnesota. The report was prepared in accordance with Section 112.49 of the Minnesota Watershed Act upon direction from the Board of Managers of the Riley-Purgatory-Bluff Creek Watershed District. The purpose of this report is to provide information to the watershed district Board of Managers who are now considering undertaking, all Or a portion of the basic water management project as identified in the District's overall plan regarding the Chain of Lakes outlets improvements that is the subject of the City of Eden Prairie petition. The report presents: a. background information on the overall project, b. description of the general plan of proposed improvements, c. property ownership within and adjacent to the improvements, d. environmental impacts of the proposed improvements, e. cost of the overall project and of the improvements that are the subject of the petition, and f. recommendations regarding the practicability, necessity and feasibility of the improvements that are the subject of the petition. CHAIN330,0 BACKGROUND INFORMATION A nominating petition initiating by 70 resident freeholders of the Riley Creek and Purgatory Creek Watershed area was filed with the Minnesota Water Resources board on September 19, 1968. The petition sought to establish the District to "manage and provide for the provident use of waters and natural resources withirl the proposed watershed area." As outlined in the nominating petition, petitioners sought to establish a watershed district to control floodwaters, provide and conserve water for public and private use, control siltation and soil erosion and regulate improvements by riparian owners and municipalities. The objective of the petitioners was to maintain and preserve the natural aesthetic characteristics of the area to the fullest extent possible by providing for the orderly management of waters within the watershed. The Riley-Purgatory Creek Watershed District was established July 31, 1969 by the Minnesota Water Resource Board acting under the authority Minnesota Statutes, Chapter 112. The Bluff Creek Watershed area was added to the District in 1985. The order establishing the district including a finding of facts that "an overall agency is needed to proceed with the planning of water courses and lakes and their adjacent floodplain and shoreline lands not withstanding the boundaries of municipalities. A watershed district would be the basis for an attack on the water problems in the watershed areas in cooperation with the municipalities". The total drainage area of the watershed district is approximately 47.3 square miles. The location and boundaries of the Riley-Purgatory-Bluff Creek Watershed District are shown on Figure 1. The Chain of Lakes Watershed is located in the western half of the City of Eden Prairie. Once the outlets to these lakes are installed, this system becomes tributary to Purgatory Creek. The Chain of Lakes watershed area is approximately 3,070 acres or 4.9 square miles and is entirely within the limits of the City of Eden Prairie. As shown in Figure 2, there are five major lakes in the chain. These lakes are Duck, Round, Mitchell, Red Rock, and McCoy. CHAIN330,0 2 According to the City of Eden Prairie's Comprehensive Guide Plan, the Chain of Lakes watershed is reserved almost exclusively for residential development. Currently, developments exist around Duck Lake, the area west of Round Lake, the area east of Mitchell Lake, and the entire area surrounding of Red Rock Lake is developing rapidly. The area surrounding Round Lake is a City park and City Civic Center. The land use type amd acreages, based on the City's Comprehensive Guide Plan for ultimate land use designations, for each of the five lake subwatersheds within the Chain of Lakes watershed are listed in Table 1. At the present time the lakes within the Chain of Lakes Watershed with the exception of Duck Lake do not have low level outlets to help stabilize their levels. Therefore, the lakes must rely on evaporation and seepage as their only outlets. Duck Lake has a surface outlet that was constructed in 1969. This outlet was constructed to temporarily alleviate an existing problem which resulted from basement elevations in numerous homes surrounding the lake being built at a low elevation during a dry cycle. When the lake and surrounding water table returned to higher levels the basements became flooded. Fluctuating lake levels are a problem with many lakes within this chain. The shoreline and banks surrounding many of these lakes show the effects of fluctuating lake levels. The City of Eden Prairie has completed a drainage plan containing a management plan for the five lakes within the Chain of Lakes watershed. The purpose of the plan is to reduce the problems associated with fluctuating levels by connecting the major lakes as shown on Figure 2. The District in its overall plan supported the plan for the Chain of Lakes watershed and recommended that it be constructed. The plan will stabilize lake levels thereby allowing flood levels to be established and development to proceed in an orderly fashion. The City of Eden Prairie submitted a petition on March 11, 1985 to the Board of Managers of Riley-Purgatory-Bluff Creek Watershed District for construction of the Chain of Lakes Outlet Project. The Board approved the CRAIN330,0 3 petition on April 3, 1985, and Barr Engineering Co. was instructed to prepare the Engineer's Report. A copy of the petition is included in Appendix A. GENERAL PLAN OF PROPOSED IMPROVEMENT Figure 2 is a general map of the area to be improved showing the location of the proposed improvements and the watershed of the project area. The peak outflow discharge and required pipe size have been shown for each of the lakes' outlets within the system. Recommended normal elevations, the resultant 100-year frequency flood elevation and peak outflow discharges and flood storage volumes for each of the lakes within the Chain of Lakes outlet system are listed in Table 2. The proposed normal elevations of these basins are based on a field survey and visual inspection of the facilities and closely approximate the natural ordinary high water elevation as determined by the Minnesota Department of Natural Resources. These elevations are also based on existing levels with due regard for critical existing building elevations. The proposed improvements have been modified from the plan outlined in both the City of Eden Prairie's Drainage Plan and the District's Overall Plan. The first modification has eliminated the outlet connection from Duck Lake to Round Lake. In 1979, the Watershed District and City of Eden Prairie completed a water quality management plan for Round Lake. This study was undertaken to make recommendations for the stabilization and improvement of the lake's water quality. Since the waters of Duck Lake are rich in nutrients and quite eutrophic, it is recommended that Round Lake be the headwaters of the lake chain and the outlet for Duck Lake continue to follow the existing alignment. Two alternatives are shown for the outlet connection of Mitchell Lake to Red Rock Lake. Both the City of Eden Prairie's Drainage Plan and the Watershed District's Overall Plan illustrate the outlet from Mitchell Lake as a trunk storm sewer system serving the ultimately developed areas adjacent to the proposed alignment of the outlet pipeline. Mitchell Lake Outlet Alternate 1 describes the outlet configuration designated in the Drainage Plan and Overall Plan. Because currently the area adjacent to Mitchell Lake and Red Rock Lake is CHAIN330,0 4 2000 4000 11 1 1 SCALE IN FEET 7 Major Watershed Divide Proposed Outlet Alignment Artificial Storage Site Storm Sewer Size Invert Elevation Discharge in CFS n11:1•.n Figure 2 ALTERNATE 1 CHAIN OF LAKES WATERSHED PROPOSED IMPROVEMENTS (8) 0 2000 4000 SCALE IN FEET (ALT 1) 33 • hfcCOY LAKE 5. ALT I 849 I. Major Watershed Divide Proposed Outlet Alignment Artificial Storage Site Storm Sewer Size Invert Elevation Discharge in CFS n••••• Figure 2 ALTERNATE 2 CHAIN OF LAKES WATERSHED CHAIN330,0 5 relatively rural, an additional alternate (Alternate 2) for the Mitchell Lake outlet, to decrease costs, has been analyzed. This alterate serves only as an outlet for Mitchell Lake and not as a trunk storm sewer for the adjacent areas. The alignments for both alternates are shown in Figure 2. Implementation of Alternate 2 will require construction of a trunk storm sewer system with similar capacity as shown in Alternate 1 to serve the areas adjacent to Mitchell Lake and Red Rock Lake as they are developed. As part of the analysis of the Chain of Lakes outlet system, the impacts of installing the Round Lake to Mitchell Lake outlet and not installing the Mitchell Lake to Red Rock Lake outlet until sometime in the future were investigated. A water balance for the lake system was calculated to determine these potential impacts. The water balance indicated that if a portion of the system were installed, lake levels would rise to the lake's natural surface overflow on Round Lake, Mitchell Lake, and Red Rock Lake. This is based on the assumption that the lakes' tributary drainage area is urbanized and the critical 100-year frequency storm occurs. The lakes' elevations would not instantaneously rise to the surface overflow elevation, but would reach this elevation over a period of time. Therefore, if the entire Chain of Lakes outlet system is not installed at one time, development should continue to be regulated 2 feet above the surface overflow elevation of the lakes and temporary drainage and utility easements to the overflow elevations must be obtained. The following describes the improvements proposed for the Chain of Lakes Outlet Project. These improvements are similar to the Chain of Lakes outlet plan outlined in the City of Eden Prairie Drainage Plan and the District's Overall Plan except for the modifications previously discussed. Found Lake Outlet The normal level for Round Lake would be established at Elevation 880 with the construction of the proposed low level outlet. For the critical 100-year frequency event with a 13 cfs outlet from the lake being provided 78 acre-feet of storage is required. This storage volume results in a flood level of Elevation 882.4 approximately 2.4 feet higher than the normal level on an average of once every 100 years. The outlet shown from Round Lake follows the lake's natural overflow route to Mitchell Lake. Oitchell Lake Outlet Mitchell Lake is the second lake in the proposed chain of lakes improvements. The normal elevation of Mitchell Lake is shown to be established at Elevation 870 with the ocnstruction of the low level outlet. Approximately 448 acre-feet of flood storage with an outlet capacity of 17 cfs is required for the critical 100-year frequency event. This frequency runoff event will result in approximately a 4 foot increase in lake stage to Elevation 874. The outlet alignment for Mitchell Lake is in a southerly direction to Red Rock Lake. Two alternate alignmets for the Mitchell Lake outlet, as previously mentioned, were examined. The Alternative 1 alignment is identical to the alignment shown in the City of Eden Prairie Drainage Plan. The Alternate 1 outlet has capacity to serve as the trunk storm sewer system for the urbanizing areas adjacent to alignment. The Alternate 2 outlet from Mitchell Lake will be used only to convey the outflow discharge from Mitchell Lake to Red Rock Lake. As the area between the two lakes urbanizes, an additional trunk sewer system to serve these developing areas will be required if Alternate 2 is implemented. Red Rock Lake Outlet The normal level of Red Rock Lake is to be established at Elevation 838 with construction of the lake's outlet. With a 100-year frequency design outflow discharge from the lake of 25 cfs, approximately 327 acre-feet of storage must be provided on Red Rock Lake. This will result in a fluctuation of approximately 4.5 feet between the normal level of the lake and the calculated flood elevation of 842.5. The proposed outlet from Red Rock Lake follows the alignment as shown in the City Stormwater Management Plan and the District's Overall Plan and discharges to a small pond between Red Rock Lake and McCoy Lake. Approximately 20 acre-feet of storage at the flood level (Elevation 830), 4 feet above the normal level (Elevation 826), CHAIN330,0 6 and an outlet with a 35 cfs capacity is required for the small pond. The pond outlet discharges to McCoy Lake. &Coy Lake Outlet The normal level of McCoy Lake would be establish at Elevation 823 with construction of the low level outlet. Approximately 36 acre feet o f storage must be provided within McCoy Lake with a 30 cfs capacity outlet. To provide for the necessary storage an earth embankment at the outlet of McCoy Lake must be constructed. McCoy Lake outlets south into Staring Lake. This outlet is also the outlet for the Chain of Lakes watershed. Purgatory Creek passes through Staring Lake thus the Chain of Lake s watershed eventually reaches the creek. RIGHT-OF-WAY REQUIREMENTS Installation of the proposed Chain of Lakes Outlet Projects requires that temporary easements and permanent easements be obtained for the construction for the proposed drainage improvements. In general, a 100-foot wide construction easement with a 10 foot wide permanent easement will be required along the proposed alignments shown on Figure 2. Properties on which easements will be required for this project are liste d in Table 3. ENVIRONMENTAL IMPACTS The major anticipated environmental impact of this project will be the reduction in problems associated with flucuating lake levels on th e land-locked lakes in the Chain of Lakes watershed. Flucuating lake level s have caused erosion problems along the banks of Round, Mitchell, Red Roc k and McCoy Lakes. Flooding of the lakes during spring snow melt and continued high water levels throughout the year have threatened trees and other vegetation along the shores of the lakes, particularly on Round Lake. Implementation of the proposed outlet project will decrease the frequenc y and duration of high lake levels in the Chain of Lakes watershed thereb y alleviating the problems. CHAIN330,0 7 Additional impacts will be those associated with any construction project. Disturbance to natural vegetation including clearing of some trees along the alignments of the outlet pipes will occur. The construction sites and the immediate surrounding areas will be impacted by noise from the construction equipment. Construction will have some impact on water quality in the lowlands through which the outlet pipes will pass, however this impact will be mitigated by erosion control measures wherever possible. PROJECT COSTS Construction cost for this project designed to serve as a lake outlet and trunk sewer system is estimated to be $1,872,000 with the inclusion of Mitchell Lake Outlet Alternate 1 and $827,000 with the inclusion of Mitchell Lake Outlet Alternate 2. The estimated construction costs are summarized in Table 4. Detailed cost estimates for each reach of the system are included in Appendix B. These costs are for the trunk systems between the lakes which have sufficient capacity to convey the critical outflow discharge from the lake and are also designed as a trunk storm sewer to provide sufficient capacity for the urbanizing areas within the lake's tributary drainage area. The cost for construction of the same system previously described, but based on design capacities providing only the required flow discharge from each of the lakes is estimated to be $717,000. The system required to convey only the outflow discharge from the lakes differs from the trunk storm sewer system previously described in that: 1) the Mitchell Lake Alternate 1 outlet is not included and 2) the pipe size required at the downstream of the Red Rock Lake outlet is reduced (from approximately 60-inch diameter to 27-inch diameter). The estimated construction costs are summarized in Table 5. Detailed cost estimates for each of the lake's outlets are included in Appendix C. It should be noted that the costs above are for construction only and do not include the cost for obtaining easements. CHAIN330,0 8 9 CHAIN330,0 RECOMMENDATIONS The construction of the Chain of Lakes Outlet Project is a necessary and feasible part of the overall water resource management plan for the District and is consistent with the Overall Plan for the District. It is recommended that the District participate in the implementation of this project. Project funding should be consistent with the District's financial participation guidelines and the District's funding should be - based on the cost for installing the pipe size necessary: to convey the critical outflow discharge from the lakes as summarized in Table S. Chain/330,0 Subvatershed Duck Lake Round Lake Mitchell Lake Red Rock Lake McCoy Lake Table1/330,0 TABLE 1 ULTIMATE LAND USE TYPE CHAIN OF LAKES SUBWATERSHEDS Lake Area (Acre) 43 32 112 71 12 Total Drainage Area (Acre) 252 515 927 1,039 117 Impervious Area (Acres) 43 103 167 232 21 Turfed Area (Acres) 168 380 ' : 648 136 100-Year Normal Flood Level 'Level Small imall 880.0 8824 870.0 874.0 838.0 142 -.5 100-Year Flood - Storage Vol. (Ac.-Ft.) 78 448 327 Outlet Capacity (tfa) 11: 17 25 • Round Mitchell • Red Rock Pond Between Red Rock Lake and McCoy Lake McCoy 826.0 20 35 823.0 826.0 36 30 Table2/330,0 TABLE 2 LAKE OUTLETS DESIGN SUMMARY TABLE 3 RIGHT-OF-WAY REQUIREMENTS CHAIN OF LAKES OUTLET PROJECT Easement Required Parcel Number Pee Owner Permanent Temporary Round Lake Outlet 08-116-22-31-0002 X 08-116-22-31-0003 08-116-22-31-0012 08-116-22-34-0019 08-116-22-34-0020 08-116-22-34-0047 X 08-116-22-34-0018 08-116-22-34-0017 08-116-22-34-0016 08-116-22-34-0015 08-116-22-34-0014 08-116-22-34-0013 08-116-22-34-0012 08-116-22-34-0011 08-116-22-34-0028 08-116-22-34-0010 08-116-22-34-0046 08-116-22-34-0003 08-116-22-43-0029 17-116-22-21-0002 17-116-22-12-0005 Mitchell Lake Outlet - Alternate 1 17-116-22-24-0022 17- 116-22- 31-0002 17-116-22-33-0001 Table3/330,0 TABLE1 (cont.) Easement Required permanent Temporary Parcel Number Pee Owner 17-116-22-43-0001 20-116-22-23-0001 20-116-22-14-0007 20-116-22-11-0015 20-116-22-11-0016 20-116-22-14-0005 21-116-22-22-0009 21-116-22-22-0010 21-116-22-23-0014 21-116-22-23-0015 22-116-22-23-0016 22-116-22-23-0017 22-116-22-23-0018 22-116-22-23-0030 22-116-23-23-0031 22-116-23-24-0001 Mitchell Lake Outlet - Alternate 2 17-116-22-24-0022 17-116-22-31-0002 17-116-22-33-0001 17-116-22-43-0001 17-116-22-43-0002 17-116-22-44-0005 17-116-22-44-0010 Red Rock Lake Outlet 21-116-22-12-0003 21-116-22-11-0002 McCoy Lake Outlet 22-116-22-23-0008 22-116-22-23-0001 APPENDIX A PETITION OF THE CITY OF EDEN PRAIRIE FOR THE CHAIN OF LAKES PROJECT PETITION OF THE CITY OF EDEN PRAIRIE TO THE RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT FOR THE CONSTRUCTION OF THE OUTLETS FOR THE CHAIN OF LAKES: ROUND LAKE, MITCHELL LAKE, RED ROCK LAKE AND McCOY LAKE I. AUTHORITY This petition, submitted pursuant to the provisions of Minnesota Statutes SS 112.48 and 112.61, Subdivision 3, requests the Managers of the Riley-Purgatory-Bluff Creek Watershed District undertake the Chain of Lakes Outlet Project within the City of Eden Prairie. The general concept and objectives to be gained by said project are more fully specified on page 17 of the Riley-Purgatory-Bluff Creek Watershed Dis- trict Overall Plan, dated 1973, developed by the Watershed District pursuant to Minnesota Statutes 1971, Chapter 112, the Watershed Act. The project is in conformity with the overall plan for the Riley- Purgatory-Bluff Creek Watershed District (hereinafter District) and is a part of the basic water management plan of the District. II. PURPOSE AND GENERAL DESCRIPTION OF WORK PROPOSED Fluctuating lake levels are a problem with the landlocked lakes within this chain: Round Lake, Mitchell Lake, Red Rock Lake, and McCoy Lake. The shoreline and banks surrounding many of the lakes show the effects of continuously fluctuating lake levels. The purpose of the plan is to reduce the problems associated with fluctuating levels, by installing outlets for the lakes, and with stabilized lake levels, flood levels for the lakes can be established and urbanization can proceed in an orderly fashion. III. DESCRIPTION OF THE LANDS OVER WHICH THE PROPOSED IMPROVEMENT IS LOCATED The lands upon which the project improvement will be located are situ- ated entirely in the City of Eden Prairie and are tributary to Round Lake, Mitchell Lake, Red Rock Lake and McCoy Lake. The lands are located in the Sections 8, 17, 20, 21 and 22, T116N, R22W. 1 IV. GENERAL DESCRIPTION OF THE PART OF THE DISTRICT AFFECTED The area to be served by the proposed Chain of Lakes outlet system includes District lands in the western portion of the Purgatory Creek watershed that are tributary to Round Lake, Mitchell Lake, Red Rock Lake and McCoy Lake. V. NEED AND NECESSITY FOR THE PROPOSED IMPROVEMENT The petitioner recognizes the need for the construction of outlets for lakes in an urbanizing area. The lake outlets will stabilize lake levels thereby allowing flood elevations to be established and enabling development to proceed in an orderly fashion. IV. THE PROPOSED IMPROVEMENT WILL BE CONDUCIVE TO THE PUBLIC HEALTH, CON- VENIENCE AND WELFARE The City Council of Eden Prairie, on the basis of staff and consultant reports, has determined that the proposed improvements will be con- ducive to the public health, convenience and welfare. Completion of the Chain of Lakes outlet system will provide a means of reducing the problems associated with fluctuating lake levels associated with land- locked lakes. This project will also minimize impacts on the shorelines and banks of the landlocked basins associated with the fluctuating lake levels. VII. FINANCING OF THE PROPOSED IMPROVEMENT This project is included in the Riley-Purgatory-Bluff Creek Watershed District Policy Statement regarding Project Financing as a First Priority Project. As such, it is eligible for 100% financing by the District. The project proposed by this petition is of common benefit to the entire District and is a part of the basic water management plan of the District. The petitioner requests that the cost of the project be financed in the manner provided by Minnesota Statutes S112.61, Sub- division 3. 2 The Petitioner hereby states that it will pay all costs and expenses which may be incurred in case the proceedings are dismissed or for any reaso n no contract for the construction thereof is let. Dated , 1985 CITY OF EDEN PRAIRIE By Mayor By City Manager The foregoing peition and its execution by the Major and City Manager of t h e City of Eden Prairie was authorized at :a regular meeting of the Eden Prairie City Council held on the -der of ,1985 ATTEST: Clerk, City of Eden Prairie 3 APPENDIX B COST ESTIMATES LAKE OUTLET AND TRUNK SEWER SYSTEM $4 250 2.50 1 1 15 31 34 38 43 49 55 125 500 1,100 50 4 150 500 $2,400 1 ,000 850 800 370 9,000 13,950 4,420 11,780 21,070 25,480 6,600 10,000 2,000 7,700 250 6,000 300 500 TABLE B-1 COST ESTIMATE ROUND LAKE TO MITCHELL LAKE Estimated Description Ouantity Removal of Existing Facilities Remove Existing 24" RCP (salvage) 600 L.F. Remove Catch Basins/Manholes 4 Ea. Remove Concrete Curb and Cutter 340 L.F. Remove Bituminous Pavement 800 S.Y. Remove Existing Bike Path 370 S.Y. ripe and Aopurtenances Install Salvaged 24" RCP 0'-8' Deep 600 L.F. F & I 24" RCP Cl 3 0'4' 450 L.F. Cl 3 8'-10' 130 L.F. Cl 3 10-12' 310 L.F. Cl 3 12'-I4' 490 L.F. Cl 4 14'-16' 520 L.F. Cl 4 16'-18' 120 L.F. Jack 24" RCP 80 L.F. Install Salvaged CB/MH's 4 Ea. Catch Basin/Manholes 7 Ea. Manhole Extra Depth 5 Ft. Common Borrow 1,500 C.Y. Install Flared-End Section (24") 2 Ea. 12" Flared-End Section w/Riprap 1 Ea. Unit Unit Price rxtension TABB1/330,0 L. S . 10% 11,120 27.985 CONSTRUCTION TOTAL $1800100 340 L.F. 125 Ton 55 Ton 3 Ton 270 Ton 5 $ 1,700 8 1,000 -15 825- 200 600' 7 1,890 ' 100 10 5 3 Ton Ton C.Y. C.Y. 14 200 40- 20 1,400 2,000 200 60 TABLE B-1 (cont.) Estimated Unit Description Ouantity Unit Price Extension Replacement of Roadways and Trail& Concrete Curb & Cutter Aggregate Base (Mod. Cl 5 for walkway) Bituminous Wearing Course (MnDOT 2331) Bituminous Material for Mix (for walkway) Aggregate Base (Mod. Cl 5) Bituminous Wearing Course (MnDOT 2341) Bituminous Base Course (MnDOT 2331) Bituminous Material for Mix Riprap Filter Blanket Restoration Fertilize, Seed and Mulch Mobilization 70 Ton 15 1,050 Ac. 1,000 3,000 discellaneous and Contingencieg TABB1/330,0 $36 39 81 126 130 143 148 154 300 450 2,000 1,100 50 900 50 10,000 40 20 $66,600 13,650 153,900 117,180 54,600 180,180 176,120 18,480 54,000 450 2,000 6,600 50 10,800 3,600 40,000 1,280 320 COST ESTIMATE MITCHELL LAKE TO RED ROCK LAKE - ALTERNATE I Estimated Unit DescriPtion Ouantity Unit price xtension Pipe and Appurtenances 27" RCP Cl 3 0',43' Cl 3 8'-10' 42" RCP Cl 3 12'-14' 66" RCP Cl 3 0'-8' Cl 3 8'-10' Cl 4 10'-12' Cl 4 12'-14' Cl 4 14'-I6' Jack 66" RCP 27" FES 66" FES Std. Manhole Std. Manhole Extra Depth Tee Section Manhole Tee Manhole Riser Special Manhole Riprap Filter Blanket Restoration Fertilize, seed & mulch Mobiliza tion Miscellaneous and Continzencies 1,850 L.F. 350 L.F. 1,900 L.F. 930 L.F. 420 L.F. 1,260 L.F. 1,190 L.F. 120 L.P. 180 L.F. 1 Ea. 1 Ea. 6 Ea. 1 L.F. 12 Ea. 72 Ft. 4 Ea. 32 C.Y. 16 C.Y. 14 Ac. 1,000 14,000 L.S. 10% 91,380 194.810 CONSTRUCTION TOTAL $1,200,000 TABB2/330,0 TABLE B-4 COST ESTIMATE RED ROCK LAKE TO McCOY LAKE Unit Unit Waft Extension Estimated Descriotion Ouantitv Floe and Aoourtenances 30" Die. Cl 3 0'-8' Deep 650 L.F. Cl 3 8'-10' 70 L.F. Cl 3 10'42' 190 L.F. Cl 3 12'44' 30 L.F. Cl 4 14'-16' 30 L.F. Cl 4 16-18' 220 L.F. Cl 4 18'-20' 50 L.F. Cl 4 20'-22' 40 L.F. Cl 4 22'-24' 60 L.F. Cl 4 24-26' 60 L.F. 60" Dia. Cl 2 0'-8' 310 L.F. Cl 2 8'-10' 290 L.F. Cl 3 10'-I2' 250 L.F. 30" FES 3 Ea. 60" FES 1 Ea. Std. Manhole 2 Ea. Tee Manhole 1 Ea. Tee Manhole Riser 14 Ft. 6 Dia. Manhole 1 Ea. Special Manhole 1 L.S. Riprap 28 C.Y. Filter Blanket 14 C.Y. $39 $25,350 43 3,010 47 8,930 52 1,560 62 1,860 68 14,960 75 3,750 83 3,320 91 5,460 100 6,000 108 33,480 112 32,480 124 31,000 600 1,800 1,800 1,800 1,100 2,200 900 900 50 700 1,800 1,800 10,000 10,000 40 1,120 20 280 Restoration Fertilize, Seed 6. Mulch Mobilization Miscellaneous and Contingencies 4 Ac. 1,000 4,000 L.S. 108 19,580 S 44.660 CONSTRUCTION TOTAL $260,000 TABB4330,0 Pescritition ripe and Appurtenances 27" RCP Cl 3 0'-8' 36" RCP CI 2 0'-8' 27" FES 36" FES Std. Manhole Jack 27" RCP Riprap Filter Blanket Embankment Fill Restoration Nobilization Miscellaneous and Contingencies Estimated Unit Quantity Unit price Extension 620 L.F. $36 122,320 100 L.F. 50 5,000 1 Ea. 450 450 1 EA. 750 750 2 Eis. 1,100 ' 2,200 80 L.F. 130 10,4041 9 C,I. 40 ' 360 5 C.Y. 650 C.Y. 5 3,250 2 Ac. 1,000 2-m0 L.S. 10% 4,680 10,490 CONSTRUCTION TOTAL $62,'000 TABB5/330,0 TABLE B-5 COST ESTIMATE MCCOY LAKE TO STARING LAKE APPENDIX C COST ESTIMATES LAKE OUTLET ONLY Unit Price xtension '$4 250 2.50 $2,400 1,000 850 800 370 TABLE C-1 COST ESTIMATE ROUND LAKE OUTLET Estimated Description Quantity Unit Removal of Existing Facilities Remove Existing 24" RCP (salvage) 600 L.F. Remove Catch Basins/Manholes 4 Ea. Remove Concrete Curb and Gutter 340 L.F. Remove Bituminous Pavement 800 S.Y. Remove Existing Bike Path 370 S.Y. Pipe and Appurtenances Install Salvaged 24" RCP 0'-8' Deep 600 L.F. F I 24" RCP Cl 3 0'-8' 450 L.F. Cl 3 8'-10' 130 L.F. Cl 3 10'42' 310 L.F. Cl 3 12-14' 490 L.F. Cl 4 14'-16' 520 L.F. Cl 4 16'-18' 120 L.F. Jack 24" RCP 80 L.F. Install Salvaged CB/MH's 4 Ea. Catch Basin/Manholes 7 Ea. Manhole Extra Depth 5 Ft. Common Borrow 1,500 C.Y. Install Flared-End Section (24") 2 Ea. 12" Flared-End Section w/Riprap 1 Ea. 15 9,000 31 13,950 34 4,420 38 11,780 43 21,070 49 25,480 55 6,600 125 10,000 500 2,000 1,100 7,700 50 250 4 6,000 150 300 500 500 TABC1/330,0 TABLE C-1 (cont.) Estimated Unit Description Quantity Mat Mae btension Replacement of Roadways and Trails Concrete Curb & Cutter 340 L.F. Aggregate Base (Mod. Cl 5 for walkway) 125 Ton Bituminous Wearing Course (MriDOT 2331) 55 Ton Bituminous Material for Mix (for walkway) 3 Ton Aggregate Base (Mod. Cl 5) 270 Ton Bituminous Wearing Course (MnDOT 2341) 70 Ton Bituminous Base Course (MnDOT 2331) 100 Ton Bituminous Material for Mix 10 Ton Riprap 5 C.Y. Filter Blanket 3 C.Y. 5 $ 1,700 8 1,000 -15 825 200 600 7 1,890 15 1,050 14 200 40 20 1.„400-: LOW': 200 60 Restoration Fertilize, Seed and Mulch Kobilizatiori Miscellaneous and Contingencies Ac. 1,000 3,000 L.S. 10% 13 ,8 20 27 985 CONSTRUCTION TOTAL $180,000 TABC1/330,0 Unit Unit fxige Extension L.F. $26 $3,380 L.F. 29 2,030 L.F. 33 3,630 L.F. 38 380 L.F. 36 88;560 L.F. 39 51,480 L.F. 43 860 L.F. 11.0 8,800 L.F. 130 13;000 Ea. 1,100 11,200 L.F. 50' 5$0 Ea. 450 -.900 C.Y. 40 240 C.Y. 20 60 Ac. 1,000 7,000 L.S. 10% 19,410 36.520 CONSTRUCTION TOTAL $250,000 Estimated Ouantity 130 70 110 10 2,460 1,320 20 80 100 12 11 2 6 3 7 TABLE C-2 COST ESTIMATE MITCHELL LAKE OUTLET Description Pipe and Appurtenances 18" RCP Cl 3 0'-8' Cl 3 8'-10' Cl 3 10'-12' Cl 3 12'-14' 27" RCP Cl 3 0'-8' Cl 3 8'.10 , Cl 3 10'-12' Jack 18" RCP Jack 27" RCP Std. Manhole Std. Manhole Extra Depth 27" FES Riprap Filter Blanket Restoration Fertilize, Seed & Mulch Mobilization Miscellaneous and Contingencies TABC2/330,0 TABLE C-3 COST ESTIMATE RED ROCK LAKE OUTLET Estimated Description Ouantity ripe and Appurtenances 27" Dia. Cl 3 0'-8' Cl 3 8'-10' Cl 3 10'-12' 30" Dia. Cl 3 0'-8' Deep Cl 3 8'-10' Cl 3 10'-12' Cl 3 12'-14' Cl 4 14'-16' Cl 4 16'-18' Cl 4 18'-20' Cl 4 20'-22' Cl 4 22'-24' Cl 4 24-26' 27" FES 30" FES Std. Manhole Std. Manhole Extra Depth Riprap Filter Blanket Restoration Fertilize, Seed 4 Mulch Mobilization Miscellaneous and Contingencies Unit Unit ?rice Extension 4,000 L.S. 10% 11,930 S 28.81. CONSTRUCTION TOTAL $160,000 310 L.F. 36 290 L.F. 39 250 L.F. -43 650 L.F. $39 70 L.F. 43 190 L.F. 47 30 L.F. 52 30 L.F. 62 220 L.F. 68 50 L.F. 75 40 L.F. 83 60 L.F. 91 60 L.F. 100 1 Ea. 450 3 Ea. 600 4 Ea. 1,100 1 L.F. 50 13 C.Y. 40 6 C.Y. 20 4 Ac. 1,000 11,160 11,310 10,750 $25,350 3,1)10 1,930: 1,560 1,860 14,960 3,320 5;460 6,000 450 -: 1,800 4„400 550 520 120 TABC3/330,0 Estimated Unit Quantity Unit fries Utensidn- 620 L.F. 100 L.F. 1 Ea. 1 Ea. 2 Ea. 80 L.F. 9 C.Y. 5 C.Y. 650 C.Y. 2 Ac. L.S. 104 4;680 CONSTRUCTION TOTAL 862,000:'' $22,320 5,000 450 750 2,200 10,400 360 100 3,250 $36 50 450 750 1,100 130 40 20 5 1,000 2,000 TABLE C-4 COST ESTIMATE MCCOY LAKE OUTLET Description Pipe and Appurtenance' 27" RCP Cl 3 0'-8' 36" RCP Cl 2 0'-8' 27" FES 36" FES Std. Manhole Jack 27" RCP Riprap Filter Blanket Embankment Fill Restoration Mobilization Miscellaneous and Contingencies TABC4/330,0 TABLES CONSTRUCTION COST SUMMARY LAKE OUTLET SYSTEM ONLY Table4/330,0 TABLE 4 CONSTRUCTION COST SUMMARY LAKE OUTLET AND TRUNK SEWER SYSTEM Pescription Estimated Construction Cost With Mitchell With Mitchell Lake Alt. 1 Lake Alt. E Round Lake to Mitchell Lake Mitchell Lake to Red Rock Lake Outlet Red Rock Lake to McCoy Lake McCoy Lake to Staring Lake Subtotal Engineering Costs TOTAL $180,000 1,200,000 260,000 62.000 $1,702,000 170:000 $1,872,000 $180,000 250,000 260,000 62.000 $752,000 , 75.000 $827,000 Description Round Lake Outlet Mitchell Lake Outlet Red Rock Lake Outlet McCoy Lake Outlet Subtotal Engineering Costs TOTAL Estimated Copstruction Cost $180,000 250,000 160,000 62.000 $652,000 65.000 $717,000 • I recommend that the City Council adopt the C ompre h ens i ve sewer Policy Plan and authorize that it be transmitted to the Metropolitan Council and MWCC. EAD:sg TO: Mayor Peterson and City Council Members • DATE: THROUGH: FROM: Eugene A. Dietz, Director of Public Works# Carl J. Jullie, City Manager July 9, 1986 • SUBJECT: Comprehensive Sewer Policy Plan Attached for your review is a copy of the -Plan that was required' by the Metropolitan Council and Metropolltan-Wast“ontrol tommissiOnIMWC4,as part of:the Red Rock Sewer Interceptor Agreement. in licccirdanCt:witfrthat agreement, the plan must be submitted to the Council priOrAo August 1„ 1986.- The Metropolitan Council has had the draft copy Or several months, but has not seen fit to comment on it to this :date. ' I believe that the Comprehensive Plan is generally 'responsive to the needs of the Met Council and the MWCCas.'Well as accurately reflecting the proposed sewer development in Eden Prairie. I will be availableat the meeting to answer any questions you may have regarding the plan. TO: FROM: THROUGH: DATE: SUBJECT: Mayor and City Council Eugene A. Dietz, Director of Public Works Carl J. Jullie, City Manager July 10, 1986 Erosion Control MEMORANDUM At the July I, 1986, Council meeting, questions were raised regarding the effectiveness of our current policies, as well as enforcement of, erosion control in Eden Prairie. I have discussed this matter at length with members of City staff and the Watershed District staff to get a perspective on the matter. The reviews are mixed. In general, the Engineering staff is the most displeased about the level of enforcement that we are able to give to erosion control problems, while the Watershed District engineer is more satisfied with the results that are obtained. Early this Spring, before construction began in earnest, the two inspectors in our office spent a majority of their time enforcing erosion control measures during the Spring rainy season. Consequently, they have had a taste of the level of compliance that can be obtained when enough effort is directed towards enforcement. As of this writing, we have 35 public works improvements projects in some stage of completion. These two inspectors are able to spend very little time dealing with erosion control and the necessary "badgering" that goes along with obtaining compliance. I discussed the matter at length with Bob Obermeyer (Barr Engineering), the Watershed District engineer, about compliance and effectiveness of erosion control measures as required in Eden Prairie. As you know, the Watershed Districts have established the criteria for containing erosion to project sites and subsequent restoration. I am informed that during 1985, the Riley Creek Watershed District and the Nine Mile Creek Watershed District issued a combined total of 200 permits. Certainly, a number of these permits were issued in communities other than Eden Prairie, but the point that he was making is that there is a very high level of activity within the Watershed District and it is his observation that we are maintaining, or improving, overall water quality within the districts. The Watershed Districts have monitored water quality in thirteen lakes throughout the area since 1970 on a three-year cycle. The results have been a consistent status quo, or improvement, at each testing period. The last testing period was in 1984. Obermeyer readily admits that improvement could be made and that it is easy to cite specific problems, but with the above average wet cycle that we have been through, we have "faired pretty well." Consensus between myself and Obermeyer is that developers generally do a good job in controlling erosion for the mass grading of their projects. The developers are sometimes slow to revegetate the disturbed areas, but they are generally quite good at installing perimeter containment fences. Although a specific problem such as the Tipton site on Anderson Lakes Parkway can be cited, the primary culprit on an on- going basis is the individual home builder. If we could gain some control over the 1/7FI home builders and develop some form of regular street clean up in the vicinity Of new home construction, we would make the most strides toward reducing erosion in the coMmunity. The Building Department conservatively estimates that, at the current time, at least 600 homes are in some stage of completion. That is to say that, at least 600 homes have not been issued occupancy permits, :and, consequently, dO not have the yard completely restored. As indicated above, in the Spring,: Our office was making an attempt to enforce clean up procedures in the home building areas.. However, at the current time only a very limited amount Of time is given to these sites, The solution to resolving the problem of erosion from building sites would require Code Changes and Additional staff, By necessity, CodeAvoUld:have to be :changed to reflect a much more stringent policy and a resultant penalty/fine procedure for nen- complianCe. In order to enforce : such a provision, at least one additional staff meMber would be necessary on aJull-time basis. Additionally, we have discussed the possibility of increasing the-building ,perMit fees to create fund which would allow for a timely street sweeping process to be performed by Orivete contractors. As you might imagine, the net effect: Of implementing these types Of policies would be extremely unpopular and COntroVerSial. At present, most city Staff members would agree that they have heard alot of complaints regarding the Cost Of:tlUilding,permitt,,:An increase in fees to cover the cost of an inspector and the cestAf street cleaning would aggravate a sensitive issue and may result in an even more cavalier attitude towards mud and debris on the street--"since the City will be cleaning it up with our money, anyway." I believe that the City is a point in time that the Policies necessary to control builders in our community can, and should, be -implemented,: However, there must be a corresponding Code change and financial commitment towards the additional' staff: needed to implement the plan; Furthermore, 1 -rdon!t believe it is practical to Implement such a program in mid-year. after discussion and review, it is determined to proceed, I Would suggest that the.. 1987 Budget reflect an additional staff member and an appropriate budget tix.:CarrY out the program. If that person were hired at the beginning of the year,'approximately three months yould. be available to "gear up," make proper notification to the home builders of the pending changes, and develop the Code modifications that would ' be requireCto implement the " . . program. I will be available at the Council meeting to discuss this Information in more detail. MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation and Natural Resources Commission Carl Jullie, City Manager Bob Lambert, Director of Community Services- July 9, 1986 Park and Recreation Bond Referendum Committee At the July 1, 1986 meeting, the City Council authorized staff to proceed with the planning for a park and recreation bond referendum that would be held sometime in 1987. The Community Services Staff recommend that the bond referendum include the following: a, Community Center addition b. Miller Park acquistion and development c. softball field complex d. acquisition of a park entry to the Purgatory Creek Recreation Area In 1985 a City Needs Study Committee was formed by the Council to study various City needs that would require a bond referendum for financing. A subcommittee of that study committee was titled the "Athletic Facilities Study Committee", which was made up of representatives of the various athletic associations. The Community Services Staff would recommend that the Council appoint a Bond Referendum Committee made up of a representative from each of the athletic associations, as well as citizens at-large interested in this project. The entire committee should be repsonsible for meeting with the architect on the expansion of the Community Center to determine the program and concept design for a Community Center addition. The overall committee should also be responsible for reviewing the plan for Miller Park and for a recommendation on a softball field acquisition and development project, as well as the acquisition of the main entry to the Purgatory Creek Recreation Area. Staff requests authorization to contact the various athletic associations requesting a representative that would serve on this committee, as well as authority to publish this request for citizen participation in the Eden Prairie News and the Sailor. Staff will be making a recommendation of an architect to the City Council at the August 19, 1986 meeting. Staff would request the City Council to formally appoint members to the Park Referendum Committee at that same meeting. Staff also requests authorization to advertise for a consultant to work with staff on developing a grading plan and cost estimates for Miller Park. Consultants would be required to provide a proposal for this project. Staff would make a recommendation based on cost and experience in similar projects. BL:md