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HomeMy WebLinkAboutCity Council - 09/16/1986Page 2279 PRESENTATION OF "AWARD OF VALOR" TO CITIZENS RICHARD BERG & JOHN SORTLAND AND Page 2248 ' A. Regular City Council Meeting held Tuesday, August 19, 1986 Page 2250 Page 2291 Page 2292 Page 2301 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 16, 1986 7:30 PM, SCHOOL ADMINISTRATION BUILDING BOARDROOM COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock, and Paul Redpath CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC SAFETY OFFICER JEFF BERG FOR TANKER ACCIDENT ON HIGHWAT/169- AND LETTERS OF RECOGNITION TO THE EDNE PRAIRIE FIRE DEPARTMENT AND PUBLIC SAFETY RESERVES I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES B. Special City Council Meeting held Thursday, August 21, 1986 III. CONSENT CALENDAR A. Clerk's License List B. Approval of Revised Joint Powers Agreement for South Hennepin Human Services Council C. 1st Reading of Ordinance No. 49-86, amending City Code Chapter 9 I2,y adding thereto a new Section 9.09, which prohibits the harassment of dogs used for Public Safety purposes; and adopting by reference City Code Chapter 1 and Section 9.99, which among other things, contain penalty provisions D. Final Plat approval for Meadow Park 2nd Addition (Homeward Hills Road at Sunnybrook Road) Resolution No. 86-243 E. Final Plat approval for Luknic Fifth Addition (Rowland Road west 86-244 Page 2303 of Old Shady Oak Road, formerly the "Garden") Resolution No. Page 2306 City Council Agenda - 2 - Tues.,September 16, 1986 F. Final Plat approval for Windsong (east extension of Chestnut Drive) Resolution No. 86-245 G. Final Plat approval for Gonyea 5th Addition (NE corner TH 5 and CSAH 41-11esolution No. 86-246 H. Approve plans and specifications for Bluffs West 5th Addition and vicinity Drainage Improvements (Riverview Road), I.C. 52-069 (Resolution No. 86-247 I. Approve plans and specifications for Riverview Road and Riverview Drive Utility and Street Improvements, 1.C. 52-101 (Resolution No. 86-248) J. MINNETONKA STATE BANK, ("The Bank - Eden Prairie") by Robert R. Copeland and Raymond O. Mithun. 2nd Reading of Ordinance #40-86, Rezoning from Rural to Community Commercial; Approval of Developer's Agreement for Minnetonka State Bank; and Adoption of Resolution #86-233, Authorizing Summary of Ordinance #40-86 and Ordering Publication of Said Summary. 3.458 acres into one lot for construction of a bank building. Location: Northeast corner of Highway #5 and County Road #4. (Ordinance #40-86, Rezoning; Resolution #86-233, Authorizing Summary and Publication) K. PRAIRIE COURTS, by Ronald A. Christensen. 2nd Reading of Ordinance #39-86-PUD-7-86, Rezoning from Rural to Neighborhood Commercial with variances; Approval of Developer's Agreement for Prairie Courts; and Adoption of Resolution #86-237, Authorizing Summary of Ordinance #39-86-PUD-7-86 and Ordering Publication of Said Summary. 3.7 acres into one lot for construction of a 32,000 sq. ft. commercial center. Location: East of County Road #4, north and west of Wagner Way. (Ordinance #39-86-PUD-7-86; Resolution #86-237, Authorizing Summary and Publication) L. MEADOWPARK 2ND ADDITION, by Spuds, Inc. 2nd Reading of Ordinance #41-86, Rezoning from Rural to R1-13.5 on 5.84 acres and from Rural to Public on 3.28 acres; Adoption of Resolution #86-238, Authorizing Summary of Ordinance #41-86 and Ordering Publication of Said Summary. 9.12 acres into 8 lots, one outlot, and road right- of-way for construction of 7 single family lots and Fire Station. Location: East of Homeward Hills Road, north of Sunnybrook Road. (Ordinance #41-86; Resolution #86-238, Authorizing Summary and Publication) M. BLUESTEM HILLS, by Brown Land Company, 2nd Reading of Ordinance #45-86, Rezoning from Rural to R1-13.5 on 26.86 acres; Adoption of Resolution #86-239, Authorizing Summary of Ordinance #45-86 and Ordering Publication of Said Summary. 31.56 acres into 62 single family lots, one outlot, and road right-of-way. Location: South of Bennett Place, north of Purgatory Creek. (Ordinance #45-86, Rezoning; Resolution #86-239, Authorizing Summary and Publication) N. Change Order for Wyndham Knoll Improvements, I.C. 52-097 O. Change Order for Edenwood and Singletree Lane Improvements, I.C. 52-011A & B Page 2301 Page 2311 Page 231 1 Page 231E Page 231E Page 2322 Page 2331 Page 233E Page 2342 Page 234E City Council Agenda - 3 - Tues.,September 16, 1986 P. Appointment of C i ty representative to South Hennepin Human Services Counci l to fill unexpired term to 1/31/88 Page 234; , IV. PUBLIC HEARINGS A. 1986 SPECIAL ASSESSMENT HEARING (Resolution No. 86-228) Continued Page 221; from September 2, 1986 for 4 parcels along Anderson Lakes Parkway B. J & L SUBDIVISION, by Frank R. Cardarelle. Request for Zoning District Change from R1-22 to R1-13.5 on approximately three acres with Preliminary Plat of approximately three acres into seven single family lots. Location: Southeast quadrant of Blossom Road and Bennett Place. (Ordinance #47-86, Rezoning; Resolution #86-240, Preliminary Plat) C. WILSON LEARNING, by Ryan Construction Company of Minnesota, Inc. Page 235E Request for Planned Unit Development Concept Amendment on 60.85 acres, Planned Unit Development District Review and Zoning District Amendment with variances within the Office zoning district on 17.19 acres, and Preliminary Plat of 17.19 acres into two lots for construction of a nine-story office building. Location: East of Highway #169, west of Valley View Road, south and west of Flying Cloud Drive. (Resolution #86-241, PUD Concept Amendment; Ordinance #48-86, Amending Ordinance #132-84; Resolution #86-242, Approving Preliminary Plat) D. VACATION OF UTILITY EASEMENT - MACHINE PRODUCTS PARCEL - WEST OF WASHINGTON AVENUE WOT1171-07-HAMILTON AVENUE (Resolution N.-16:750) Page 2381 V. PAYMENT OF CLAIMS Page 2382 VI. ORDINANCES & RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Preliminary Plan approval for TH 5 Improvements between Prairie Page 239C Center Drive and Heritage Road-TResolution No. 86-249) B. Request from Mary Radcliffe & Lawrence Kapustka regarding Goose Hunt at Olympic Hills C. Presentation by Naegele Outdoor Advertising Company on Billboards (Nancy Fletcher) D. Proposed NSP Transmission Line along Highway 5 VIII. REPORTS OF ADVISORY COMMISSIONS A. DEVELOPMENT COMMISSION - Request for Joint meeting with City Council IX. APPOINTMENTS Page 234E Page 2391 Page 2392 , Page 239S , BOARDS & COMMISSIONS REPORTS OF OFFICERS A. Reports of Council Members 1. Charge to Residents' Committee for City Administrative Offices Report of City Manager 1. Receipt of 1987 City Budget 2. City Hall Space Needs Report of City Attorney Report of Director of Public Works 1. Award Contract for Bluffs East 4th I.C. 52-096 No. 86-251) NEW BUSINESS ADJOURNMENT Page 2402 CITY OFFICES / 8950 EDEN PRAIRIE ROAD / EDEN PRAIRIE. MN 55344.2499 / TELEPHONE 1812) 931.2282 LETTER OF COMMENDATION CITY OF EDEN PRAIRIE CITY COUNCIL TO THE EDEN PRAIRIE FIRE DEPARTMENT Early in the morning of August 19, 1986, the Eden Prairie Department of Public Safety received a call about a severe motor vehicle accident near the intersection of U.S. Highway 169 and Anderson Lakes Parkway. Public Safety . personnel arrived at the scene and found a truck transporting 8000 gallons of fuel had rolled over and was ablaze. Power lines were down around the crash site. The driver of the truck was very critically injured. Fire Safety personnel displayed the utmost of professionalism and good judgment during this extraordinary fire. *They worked with speed and efficiency to provide for the safety and rescue of everyone at the scene. *Once the burning liquid was identified, Fire Division Officers determined that the fire needed to be contained and allowed allowed to burn out in order to minimize environmental damage. *Although Fire personnel had had little experience with this type of conflagration, they were able to use their extensive training in order to prevent further and significant damage. Due to tactics and decisions by Fire personnel, the surrounding environment suffered little impact from the burning fuel and tanker. The City Council of the City of Eden Prairie does hereby commend the Fire Division and its members for exemplary work and their safe, thoughtful approach to this very serious and unfortunate accident. Sincerely, Gary D. Peterson Mayor of Eden Prairie Councilmembers: Richard Anderson Patricia Pidcock George Bentley Paul Redpath 22.07 7900 MITCHELL RD. / EDEN PRAIRIE, MINN. 55344 EMERGENCY POLICE AND FIRE 9-1-1 PUBLIC SAFETY OFFICE (612) 937-2700 August 20, 1986 TO: FROM: SUBJECT: Thank you for the outstanding work yesterday helping with the aftermath of the gasoline tanker crash and fire. As you know, we had to close Highway 169 partially or completely for over ten hours, including the morning rush hours. The Reserve Unit turnout was prompt and enthusiastic and you worked hard with little or no relief in the hot summer sun until we were finally able to open the highway. This occurred on a weekday and many of you had to take off from work or cancel personal plans. As a Unit, you worked about 70 yours during this emergency. I appreciate the sacrifices you made to turn out and your hard work to deal with this emergency. I simply cannot imagine how we could have handled this crisis without your outstanding work. PUBLIC SAFETY RESERVE UNIT LIEUTENANT BILL BLAKE LET—TER OF •RECCIGN I 1- ICON 2.2.4q UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 19, 1986 COUNCIL MEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE 7:30 PM, SCHOOL ADMINISTRATION BOARD- ROOM Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock and Paul Redpath City Manager Carl J. Julie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Jan Nelson 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. Pidcock - Comments on City Manager's Report; IX. A. 2. Pid- cock - Meeting with Auditors; IX. A. 3. Pidcock - Trees on Red Rock Heights; IX. A. 4. Peterson - Process for discus- sion regarding Thursday meeting. MOTION: Anderson moved, seconded by Bentley, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II. CONSENT CALENDAR A. Resolution requesting_signal modifications @ CSAH 4 & TH5 (Resolution No. 86-206) B. Approval of Agreement for Architectural Services for Fire Stations C. CRESCENT RIDGE. Denial of 2nd Reading of Ordinance #58 -83, Rezoning of 26.6 acres from Rural and R1-22 to R1-13.5 and 20 acres from Industrial General and Rural to RM-6.5, with variances, for mixed residential development. Location: North of Highway #5, South of Lorence Way and West of Ather- ton Way. D. DONNAY'S ROUND LAKE ESTATES, by LAD Properties, Inc. 2nd Reading of Ordinance #12-86-PUD-1-86, Zoning District Change 2_1SO City Council Meeting -2- August 19, 1986 from Rural to PUD-1-86, including the R1-13.5 on 9.58 acres and RM-6.5, with variances, on 14.71 acres; Approval of Developer's Agreement for Donnay's Round Lake Estates; and Adoption of Resolution #86-201, Authorizing Summary of Ordinance #12-86-PUD-1-86, and Ordering Publication of Said Summary. 34.92 acres into 69 lots and one outlot. Location: North of Highway #5, south of Lorence Way and west of Atherton Way. (Ordinance #12-86-PUD-1-86, Rezoning and PUD; Resolution #86-201, Authorizing Summary and Publi- cation) E. Final Plat approval for Donnay Round Lake Estates (Resolu- tion No. 86-205) F. BLUFFS EAST 4TH AND 5TH ADDITIONS, by Hustad Development. 2nd Reading of Ordinance #24-86-PUD-3-86, Zoning District Change from Rural to PUD-3-86, including the R1-13.5 Dist- rict; Approval of Developer's Agreement for Bluffs East 4th and 5th Additions; and Adoption of Resolution #86-154, Authorizing Summary of Ordinance #24-86-PUD-3-86 and Order- ing Publication of Said Summary. PUD on 184 acres, PUD District Review and Zoning on 38.15 acres for 72 single family lots and nine outlots. Location: West of County Road #18, northwest of Bluff Road, and west of Franlo Road. (Ordinance #24-86-PUD-3-86, PUD District and Rezoning; Resolution #86-154, Authorizing Summary and Publication) G. Reschedule Special City Council meeting set for August 21, 1986 at 7:00 PM from the Media Center at Prairie View School to the School Administration Boardroom H. Resolution Supporting the United Way's Salute to Small Busi- ness on September 17, 1986 (Resolution No. 86-218) I. Resolution Sponsoring a Request for Funding by the Minnesota Department of Energy and Economic Development for Eden Prairie Rideshare (Resolution No. 86-220) J. Satisfaction of Development Agreement Conditions - Mitchell Heights 4th Addition (Resolution No. 86-217) K. Resolution proclaiming September as Eden Prairie History Month (Resolution No. 86-221) Peterson expressed concern about whether it was appropriate, in regard to Item G, to move the location if it had been published as a Public Meeting. City Manager Jullie said that it was not an official Public Hearing and was not pub- lished as such and that the process would involve stationing City Council Meeting -3- August 19, 1986 a Community Service officer at Prairie View and putting notices on the door at the school. Peterson noted that the School District had requested the change. Pidcock expressed her concern regarding Item H since she thought it was singling out certain causes and thereby ignoring others. Bentley said that we have passed simi- lar resolutions for other groups in the past but that the practice should probably be monitored in the future. MOTION: Redpath moved, seconded by Bentley, to approve Items A - K on the Consent Calendar. Motion carried with Pidcock opposed on Item H. III. PUBLIC HEARINGS A. FEASIBILITY STUDY, BAKER ROAD SANITARY SEWER (north of St. Andrew Drive) Resolution No. 86-208 City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Rodney Rue, Staff Design Engineer, reviewed the recommen- dations of the Feasibility Study and noted that assessment reports had been sent to residents in the vicinity. He presented the three alternative locations (under Baker Road, along Baker Road or through the middle of the affec- ted properties) and the approximate costs for each alterna- tive. He also presented the assessment rolls and the proj- ect schedule and said that staff is recommending approval of Option 2 because it is the most cost effective based on the additional cost to extend it. He said, however, that Option 2 may be more difficult because of the eight proper- ty owners affected. He also called attention to the letter from Glen and Karen Bowen objecting to the assessment on their lot, but not objecting to the feasibility study. Bentley asked what the justification for the project was. Rue said that the City received a petition from four home- owners for the sewer. Bentley then asked if there are currently any proposals for development of the property. Enger said there were none. Bentley said he was mystified by what appears to be pre-zoning of an area without any proposals on hand. Director of Public Works Dietz said that the proposed align- ment provided a net savings to the property owners but that they were not proposing the plat be approved. Dietz noted that the alignment along Baker Road would have extra cost. City Council Meeting Peterson asked what the immediate impact on existing homes would be under Option 2. Dietz said that there are no homes in the area now but that the severe topography there lends itself to cul-de-sacs. 2,W3 Redpath said he thought it was logical to put the sewer where it will do the most good. Bentley said that he thought it would make sense to have the sewer available, then when development takes place they would apply to have the sewer extended into the property. Anderson said he thought it was an advantage to the City to have an overall concept available for the neighbors to get together and consider. Bentley said he thought if that was the case, then let the people put together the plan, get it approved and then talk about the sewer. Pidcock said Option 2 appears to be the most cost effec- tive but that she thought it would be up to the property owners to decide. Peterson said that he was not sure we should be doing more than voting on the request in the petition. Lorena Wright, a resident, said she approved the sewer line being run through the center of the property. Mike Sutton, 11341 Pioneer Trail, said that he owned two lots and commended the staff on the design. He further said he thought it would have to be tied into rezoning to 13.5 lots in order to make it work properly. Norm Franks, 7036 Baker Road, said that he had experienced problems so he was in favor of the sewer and that he liked the plan going through the middle. John Smith said that he owns the parcel in the southwest corner and that he thought the plan was very good but he wasn't sure one particular property owner would agree. Don Flom, 7128 Baker Road, said that he was in favor of the plan. Glen Bowen, 7025 Mariann Drive, said that he objected to the assessment on the extension of one of his lots because it is not buildable and has a protective covenant. Redpath noted that assessments would be discussed at the Assessment Hearing. Wilbur Gjersvik, 7102 Baker Road, said that there should be four lots to be assessed instead of three and that he City Council Meeting -5 - August 19, 1986 believed Mr. Bowen's lot was buildable. He said he was in favor of the project except that he thought it needed more planning. Dietz said he thought that, with the consent of the proper- ty owners, the appropriate action might be to continue the hearing for a month or two and try to arrange a meeting among the property owners to form an alliance and bring something into the Planning Dept. He said Option 2 could not be completed this fall anyway. He further said that if the meeting was not successful, it would still be pos- sible to go ahead with the Baker Road alternative. Peterson said that he wanted to commend Mr. Dietz and his department for a creative alternative. MOTION: Redpath moved, seconded by Anderson, to continue the item to the second meeting in October to allow time for a meeting among the property -owners. Bentley said he would be more comfortable with moving for- ward on this if there was something from the Planning Dept. on the project. VOTE ON THE MOTION: Motion carried unanimously. B. FEASIBILITY STUDY, RIVERVIEW ROAD & RIVERVIEW DRIVE STREET IMPROVEMENTS, I.C. 52-101 (Resolution No. 86-209) City Manager Jullie stated notice of this Public Hearing had been published and property owners listed on the pre- liminary assessment rolls had been notified. Director of Public Works Dietz reviewed the proposal to construct sanitary sewer and water, pave Riverview Drive and extend Riverview Road. He said the total estimated cost for the project would be about $500,000 and that a lot unit basis had been devised to assess the homes to be developed. He said property owners had received copies of the assessment rolls and noted that some deferments may be required on some of the undeveloped property. He said the project schedule calls for plans being completed by September 2nd and the project getting underway this fall as the developer is anxious to proceed. Gayle Diehl, 10530 Riverview Drive, commented on the his- tory of this development including a promise by the developer at a meeting on October 2, 1984, to assume the cost for the sanitary sewer and water. She said she would be wil- ling to pay the assessment for the storm sewer. A ,2ascl City Council Meeting -6- August 19, 1986 discussion followed as to whether the meeting in question was a Planning Commission meeting or a Council meeting. Chuck Koshenina, 10541 Riverview Drive E., noted instances where existing adjacent land owners were not assessed when the developer petitioned for the improvements and objected to the landowners being asked to participate in the costs of this project as he has no need for sewer and water and will not profit from the development. James Diehl, 10530 Riverview Dr., noted the history of the development regarding the zoning of the center parcel and said that 27 neighbors were opposed to rezoning of that parcel. He said he thought this was unfair and was, in effect, changing the rules in the middle of the game. Peterson noted the need to review the minutes of the 1984 meeting to see what was promised. Bentley commented that this is a feasibility hearing, not an assessment hearing, and that what will be assessed can only be resolved at an assessment hearing. He said the numbers presented are proposed assessments only. Peterson asked if there had been any discussion among staff or the neighbors to defer assessments on the exist- ing properties with their existing utilities until their request is made. Dietz responded that there was none and said that to his knowledge there was no agreement with the developer as previously suggested. Wally Hustad, developer, commented on what he was willing to do with the assessments and said that they were willing to pay $50,000 of extra storm sewer costs for the people in the Bluffs West area but that he had never considered paying for the sewer and water in the undeveloped horse- shoe area. Lorraine Christopher, 10550 Riverview Drive W., said that she has finally sold her house and will now be faced with a $12,000 assessment. Richard Condon, 10561 Riverview Drive, said that he had been led to believe nothing would happen for some time so he had just redone the sewer and water on his property. He asked where the utilities would be located on his proper- ty. Peterson said he could have input as to where it goes and when it goes in. James Brown, 11551 Riverview Rd., said that he had paid for the sewer put through by Hustad. City Council Meeting -7- August 19, 1986 Tom Brown, 10531 Riverview Drive E., said he is in favor of the street but not the sewer. Redpatn suggested that the development be serviced inter- nally off Riverview Road. A discussion followed regarding the feasibility of that approach. Mr. Diehl said that he thought there should be a grand- father clause to allow their assessment to be postponed until hookup. A discussion followed regarding the pos- sibilities of postponing the assessment until hookup. Pidcock said that she believed some of the statements made in the preceding discussion were totally inappropriate and she objected to them strongly. She said that we are here to look at the feasibility of putting in sewer and water and not the ability of people to pay for it. MOTION: Bentley moved, seconded by Pidcock, to close the Public Hearing and adopt Resolution No. 86-209 ordering preparation of plans and specifications for I.C. 52-101, Riverview Road and Riverview Drive. Motion carried unani- mously. C. FEASIBILITY STUDY, CRESTWOOD TERRACE STREET IMPROVEMENTS, I.C. 52-079 (Resolution No. 86-210) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Director of Public Works Dietz reviewed the details of the project and said that the petition came from several proper- ty owners to get the unpaved segment of Crestwood Terrace paved. He said that, since the petition did not come from any of the owners of property on the unpaved section, staff developed the proposed improvements to include an overlay of the currently-paved segment of Crestwood Terrace. He noted that it will probably be the year 2000 before sewer and water is available in the area. He said the total cost of the project is about $74,000 and said that the project schedule calls for development to start this fall or first thing next spring. He called attention to a letter from Jill Grier, 9848 Crestwood Terrace, countersigned by Irene Schwartz and Jane Schwartz, agreeing with paving the gravel portion but not repaving the currently-paved segment. Redpath asked why the paving of Dell Road wasn't included. Dietz said that the request was only for Crestwood Terrace so that they could have access to County Road 1 via a paved road. City Council Meeting -8- August 19, 1986 Peterson asked what was the rationale behind assessing property owners for the repaving of an existing street. Dietz said that the existing street was an interim pave- ment until utilities became available but that utilities are taking much longer than expected. Dietz further said that it is not paved to the current standards for a new subdivision and that an overlay would extend the useful life of the street until the permanent improvements are made. Pidcock asked if the street would have to be torn up again when sewer and water come in and if there is any less ex- pensive way to put an overlay in. Dietz replied that this proposal is as cheap as possible and that the street would have to be torn up for the utilities. Bentley said he saw two possible options in that the resi- dents could agree to the overlay and paving of the gravel section or there would be no project since he could not see the owners of the property along the gravel portion agreeing to pay for it. Dietz said he thought a third option would be to just pave the gravel portion as reques- ted, but that he wasn't sure how that would fare in an assessment hearing. Redpath asked what the cost of paving the gravel portion would be. Dietz said it would be $28,536 for construc- tion costs without fees. Bert Skatrud, 9824 Crestwood Terrace, said that he had paid for the finished pavement when he moved in and that he will have to pay twice for the same road if he is asses- sed again. He said that Cedar Forest was overlaid and they were not assessed. He asked how long the overlay would last. Dietz said they hoped it would last until the utili- ties come in around 2000 and that the original road was not built to last that long. Walter Bentz, 9802 Crestwood Terrace, said that he was not aware that Crestwood was a temporary road and that he assumed there were some standards set for roads. He asked if his taxes were not meant to include road maintenance such as overlays. Dietz said that was a valid point as Cedar Forest Road had been overlaid as a maintenance measure. Bentz further commented that some residents want to share in the cost of paving the gravel area but that the problem is with the overlay of the paved section. Peterson asked if the consensus was that the residents were willing to share in the cost of paving the gravel portion. Several of the residents present agreed. 2as'7 City Council Meeting -9- August 19, 1986 Craig Morton, 9860 Crestwood Terrace, said he thought it was a good feasibility study and that he agreed to pay for the unpaved portion but said he thought the overlay should be paid for the same as Cedar Forest. He also said the drainage should be looked at very carefully when the gravel section is paved and that he would like to see a 17-year pay-off period rather than a 10-year period. Bentley said he thought staff should contact residents in the area and circulate a petition stating that the resi- dents agree to pay the assessments for the unpaved portion because it enhances the value of their property accordingly and revise the cost figures to reflect paving of the unpaved portion only. Anderson said he agreed with that suggestion. Gerald Harris, 9844 Crestwood Terrace, said he thought they shouldn't be assessed for the currently-paved portion. Jeff Kallevig, 9804 Dell Road, presented a letter to Mayor Peterson dated August 19, 1986, which outlined his concerns with the project. (Attachment A) He said he questioned the continuity of the street if the gravel portion is paved four feet narrower than the currently-paved portion. He said he thought a seal coating would be all that was re- quired on the paved portion. Paul Langenfeld, 9655 Crestwood Terrace, said he also wanted the unpaved portion paved but didn't want to pay for a road he had already paid for. Norbert Rogers, 9836 Crestwood Terrace, said he recalled that the road had been built according to existing City specifications at the time of construction. Al Prentice, 9653 Crestwood Terrace, said that he thought the paved portion needed resurfacing but that it should be done at the City's expense. Bentley said he thought a new petition was necessary in case the project is challenged since it would be difficult to prove it enhances the property that is not adjacent to the unpaved portion. Peterson asked what happens if a few residents don't agree to sign the petition. City Attorney Pauly said he thought it would be difficult to get 100% agreement on such a petition but the Council could still make a determination to assess the property owners that did not agree. Peterson asked Pauly if we could show benefit to the de- veloped properties by paving the gravel portion. Pauly said it was a possibility but that it would be better to get concurrence. City Council Meeting -10- August 19, 1986 Dietz said he thought it would be best to allow a two- month continuance since construction could not begin until spring anyway. MOTION: Bentley moved, seconded by Anderson, to continue the item to the second meeting in October in order to allow time for a new petition from the residents concerned. Motion carried unanimously. D. BLUESTEM HILLS, by Brown Land Company. Request for Zoning District Change from Rural to R1-13.5 on 26.86 acres and Preliminary Plat of 31.56 acres into 64 single family lots, one outlot and road right-of-way. Location; South of Bennett Place, north of Purgatory Creek. (Ordinance #45 -86, Rezoning; Resolution #86-204, Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Peter Knaeble, representing proponent, addressed the pro- posal. Planning Director Enger said that the Planning Commission reviewed this item at its July 28th meeting and again at its August 11th meeting. He said the Commission recom- mended approval of the project at the August 11th meeting on a 7-0 vote subject to the recommendations contained in the July 25th and August 8th staff reports. He said some of the recommendations included were the replacement of trees, installation of a five-foot concrete sidewalk through the project and the continuance of Meade Lane to the north. He also noted the Staff Report of August 15, 1986 which recommended a change in the location of the proposed ex- tension of Meade Lane from that included in the July 25th report. Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission reviewed the project last night and recommended approval, subject to the Planning Commission and staff recommendations. Bentley asked how many housing units were shown on the map. Knaeble said there are 64. Bentley then asked if the pro- ponent was going to agree to the preliminary plat of 62 units that would result from the proposed extension of Meade Lane even though the request was for 64 units. Knaeble said they would. Peterson asked, since the lots along the creek bluffs are to be graded as they are sold, how much control can be 2ASti City Council Meeting -11- August 19, 1986 exercised in such a situation. Enger said that the Planning and Engineering staff were concerned that the pads for the homes were close to the grading plan for the proposal. He said such an approach would only be approved where the natural grade lies reasonably close to the proposed devel- opment pad. Redpath asked what the grade was on the north side of the extension of Meade Lane. Enger said it was about 20 feet higher than Jackson Drive. Anderson noted that he didn't see anything in the staff recommendations as to the dedication of Outlot A. Lambert said it should be included. Anderson asked about the loca- tion of the sidewalk/trail system in the area. Lambert pointed out the location on the map of the project. Pidcock asked for a clarification of how the Meade Lane extension was to be developed. Enger showed the proposed extension on the map. A discussion of the proposed exten- sion followed. Mr. Wagner, 10841 Blossom Road, said that the current prop- erty owners to the west of him don't have plans for devel- opment and so they would prefer to see Meade Lane extended to Jackson. Peterson responded that the exact location is not part of the proposal and the Council is not determining the alignment of the road but rather is providing for a future extension to the north. Bentley said he thought that the intent would be that the road would ultimately go through depending on what occurs in the development to the north. Peterson said he thought it might be a good idea to extend Meade Lane to the northern edge of the property line to avoid future problems with the adjacent property owners. Enger said that one of the reasons for the proposed extension of Meade Lane was that there are a number of current proposals for the area. Tim Koloski, 10076 Meade Lane, said he was concerned about the traffic coming in on Meade rather than Bennett Place and said he didn't think there would be any benefit in running Meade past Jackson. He asked about the require- ments for parks or totlots in the area. Lambert said the neighborhood park would be Franlo Park and that mini-parks are not usually required unless it is a multi-family proposal. Knaeble said there were restrictive covenants proposed for each of the bluff lots so that the builder would have to get overall grading and development plan approval. Peterson asked who would be responsible for the ongoing maintenance 22W City Council Meeting -12- August 19, 1986 and supervision of the covenants. Knaeble said that it typically would be the responsibility of the City staff. Anderson said he understood that restrictive covenants such as those dealing with the conservancy area along the creek have not always been included in the deeds, there- fore he wanted to make sure that was done. City Attorney Pauly said that, with regard to conservation-type ease- ments, we do include them but for non-conservation-type restrictions we do not. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and approve 1st Reading of Ordinance No. 45-86 for rezoning from Rural to 51-13.5 on 26.86 acres. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 86-204 approving the Preliminary Plat of Bluestem Hills for Brown Land Company consisting of 31.56 acres into 62 single family lots, the two lots at the end of Meade Lane platted as one outlot in addition to the originally proposed outlot and road right-of-way. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations and including the following items: the agreement regarding dedication of Outlot A, the requirement that a specific plan for the grading of the southern lots be worked out in writing prior to 2nd Reading and the requirement that the restrictive covenants regarding the floodplain be finalized prior to 2nd Reading. Motion carried unanimously. Bentley asked Director of Public Works Dietz to place a sign on the outlot stating that the road will be continued through at that point. E. FEASIBILITY STUDY, UTILITY AND STREET IMPROVEMENTS FOR BLUFFS EAST 4TH ADDITION (east of Franlo Road and south of CSAH 1), I.C. 52-096 (Resolution No. 86-211) APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE BIDS (Resolution No. 86-212) City Manager Jullie stated notice of this Public Hearing had been published in the August 6th and August 13th issues of the Eden Prairie News. Director of Public Works Dietz reviewed the details of the feasibility report and pointed out the location of the sanitary sewer, water, storm sewer and the street system on a map of the project. He said the total estimated cost a City Council Meeting -13- August 19, 1986 for the project is $1,771,000 and the cost for the Bluffs East 4th Addition constitutes $1,000,000 of the total cost leaving a cost of $771,000 for the area outside Bluffs East 4th. He explained the method of prorating the cost for the project and the preliminary assessment rolls for the project. Bentley asked Dietz if he thought in an assessment hearing those properties that are not currently being developed are potential candidates for assessment deferments until they hookup or development takes place. Dietz replied that they proposed all the subtrunk assessments be deferred until utilities become available. Bentley then asked about the lateral assessments. Dietz said that all lateral assessments are proposed to be levied but that there are some provisions that might allow deferments in an assess- ment hearing. Mr. Briggs, 9715 Pioneer Trail, said that he is opposed to over $100,000 of assessments put in on property over their objections. Dean Luke, 10450 Whitetail Crossing, said he had lived in the area 15 years waiting for a sewer system and so he was in favor of the project. Mrs. Munson, 10240 County Rd. 18, said that she understood that their assessment could be deferred. Peterson res- ponded that deferments would have to be discussed at the assessment hearing but that it was a possibility. Bentley noted that in the past, depending on the circum- stances, a cap has been placed on the interest payments on the assessment but that this again would be taken up at the assessment hearing. Pidcock asked Dietz for a clarification of the situation with the existing three lots near the Bluffs East 4th prop- erty. Dietz explained how the lots were situated and how they would benefit from the construction. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and adopt Resolution No. 86-211 ordering preparation of plans and specifications for I.C. 52-096, Utility and Street Improvements for Bluffs East 4th Addi- tion. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 86-212 approving plans and specifications 22(o), City Council Meeting -14- August 19, 1986 and ordering advertisement for bids for I.C. 52-096. Motion carried unanimously. F. FEASIBILITY STUDY, VALLEY VIEW ROAD WEST OF GOLDEN TRI- ANGLE DRIVE,. I.C. 52,Da9 (-Resolution .No. 86-213) APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE BIDS (Resolution No. 86-214) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Director of Public Works Dietz reviewed the details of the project and said that Steiner Development had peti- tioned for the project. He said the total cost was approxi- mately $89,000 and that the assessment to the property owners would be split between Steiner Development and Helle Construction. There were no comments from the audience. MOTION: Anderson moved, seconded by Pidcock, to close the Public Hearing and adopt Resolution No. 86-213 ordering preparation of plans and specifications for I.C. 52-089, Improvements to Valley View Road West of Golden Triangle Drive. Motion carried unanimously. MOTION: Anderson moved, seconded by Bentley, to adopt Resolution No. 86-214 approving plans and specifications and ordering advertisement for bids for I.C. 52-089. Motion carried unanimously. G. VACATION OF EASEMENT, PRAIRIE EAST 4TH ADDITION (north of Nottingham Drive and east of Franlo Road) Resolution No. 86-215 City Manager Jullie stated notice of this Public Hearing was published in the July 23, 1986 issue of the Eden Prairie News. He said the item deals with vacating a utility ease- ment in the Prairie East 4th Addition. There were no comments from the audience. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and adopt Resolution No. 86-215 vacating a utility easement on Lot 10, Block 1 Prairie East 4th Addition. Motion carried unanimously. IV. PAYMENT OF CLAIMS NOS. 28987 - 29299 MOTION: Pidcock moved, seconded by Bentley, to continue the Payment of Claims to Thursday, August 21. Motion carried unani.7 mously. City Council Meeting -15- August 19, 1986 V. ORDINANCES & RESOLUTIONS A. Resolution giving final approval to transfer of controlling Interest in the City's Cable TV Franchise (Resolution No. 86-219) MOTION: Bentley moved, seconded by Redpath to adopt Resolution No. 86-219 giving final approval to a transfer of controlling interest in the City's cable television franchise. Motion carried unanimously. VI. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Olympic Hills and the Department of Natural Resources to address problem of geese at Olympic Hills City Manager Jullie referred to Director of Community Services Lambert's memo dated August 14 and the letter from Jon Parker of the D.N.R. to Lambert dated August 1, 1986 which outlined the proposal for controlling the goose population around Olympic Hills. He said the D.N.R. is proposing a controlled goose hunt and that representatives of the D.N.R., University of Minnesota and Olympic Hills are present tonight to explain the proposal and answer questions. Dave Van House, attorney for Olympic Hills, addressed the proposal. He said that in order to discharge firearms within the City limits the Public Safety Dept. has to issue a permit but because of the possibly controversial nature of the issue they decided to bring it before the Council. He presented a petition from 50 members of the golf club who are also property owners requesting authorization of the hunt. (Attachment B) Jon Parker, Area Wildlife Manager for the D.N.R., outlined the problems that are occurring with the increasing goose population. He said they had been contacted about trapping the geese this summer but he said that process takes about a year to begin. He said they are proposing a hunting sea- son from October 4th to December 12th twice a week between the hours of 8 AM to noon. He pointed out the proposed location of the blinds on a map of the golf course area. Jim Cooper of the University of Minnesota reviewed the methods used in other areas to control the goose popula- tion. He said capture and removal is effective but is very expensive since it takes several years to remove all of the geese. He said the geese had been banded this summer so that the effectiveness of the hunt could be measured and that the hunt would provide a means of testing the effective- ness of hunting as a method of control. 22_6,4; City Council Meeting -16- August 19, 1986 Pidcock asked about the droppings being hazardous to health. Cooper said there are very few diseases transmit- ted between humans and birds. Bentley said he had concern about the safety for the resi- dents in the area and about setting a precedent for the future means of goose control in the City. He noted that there are similar problems with goose control in other areas of the City and asked how we intend to deal with this problem overall. He thought we should work on a better or a different solution. Capt. Jim Clark of Public Safety said the ballistics ex- perts reported that the hunt could be done safely. He said it would have to be supervised carefully and that he expected the main problem may be with noise complaints. Peterson asked if they proposed that certain hunters be registered and permitted to hunt. Clark said they pro- posed to find hunters within the club who are very experi- enced and issue permits to the individual hunters. Peterson asked how the process of checking permits and controlling access would be handled. Clark said that would be the responsibility of the golf course. Jack Adams of Olympic Hills said that they planned to author- ize people to come on the course and would tell them how and when they can shoot. He said there would be only 8-10 hunters at one time. A discussion followed regarding the time set for the hunt. Anderson said the D.N.R. and others successfully super- vised deer hunting last year on the Minnesota river bottoms. He said he thought if this were tried on an experimental basis with the golf course being responsible for the hunters and with the hunt being strictly supervised by the D.N.R. he would agree to it. Bentley asked City Attorney Pauly if there would be any value in our requesting a special liability policy and a hold harmless agreement signed by the golf course. Pauly said that would add a measure of additional protection to the City. Van House said Olympic Hills has general liability coverage and that he thought they would agree to give the City a hold harmless agreement. Redpath said he thought we haven't required such measures in other authorized areas. Pauly said that was correct. Pidcock asked about the possibility of damage from a rico- cheting shot. Clark said the effective range of the type 2266 City Council Meeting -17- August 19, 1986 of shot proposed is 40 yards and the area proposed for the hunt is very large. Director of Community Services Lambert asked Dr. Cooper how effective they expect the hunt to be in reducing the numbers of the flock. Cooper said they have had experi- ence with Canada geese in rural areas but they don't know if hunting can reduce flocks in urban areas such as this. Lambert asked how many birds are currently in the flock. Cooper said they estimate 300. Lambert said that at the rate of two birds per day per hunter that would not have a big impact on the flock. Cooper said he thought a total of 100-125 birds could be killed but that would not cause the population to decline. Lambert asked what the cost for a trap and transplant pro- cedure would be. Cooper said it would be $700-$800 per year plus the cost of transporting them and that it would have to be done for several years. Lambert asked how much lead time would be required. Cooper said it takes six to nine months for the permit process. Lambert noted that would mean we would have to decide on a funding process by the end of the year in order to start trapping next year. Peterson said that it appears to him the hunting might be- come an annual event that simply maintains the current popu- lation. Cooper said the number of hunters could be increased to increase the effectiveness. MOTION: Bentley moved, seconded by Anderson, to authorize the hunt per staff recommendations and including the follow- ing recommendations: 1. The hunt will be closely monitored by the Public Safety Dept. with attention to all areas of concern discussed tonight and Public Safety will have the authority to terminate the hunt at any time they feel a problem is being created. 2. The City staff and Olympic Hills should get together with the D.N.R. to begin the process for live trapping for next year and return to the Council with a program for that. 3. Keep the neighboring residents fully informed and re- port back to the Council on the progress of the hunt and any problems or concerns from the neighbors. 4. All costs incurred by Public Safety would be picked up by Olympic Hills through the permit process or some other appropriate means. City Council Meeting -18- August 19, 1986 5. Olympic Hills is to provide a hold harmless agreeme n t to the City Attorney. Motion carried unanimously. B. Grading permit, Flying Cloud Landfill City Manager Jullie said that, in view of the curre n t litigation with B.F.I., he would turn the proceedin g s o v e r to City Attorney Rick Rosow. City Attorney Rosow reviewed the history of the app l i c a t i o n from Woodlake Sanitary Service, Inc. for a land alt e r a t i o n permit. Planning Director Enger reviewed the history of the i t e m a n d referred to his memo of August 15, 1986 which summar i z e d the application. He said that staff is recommending t h a t the application be denied and summarized the reasons f o r that recommendation. Director of Public Works Dietz referred to his memo o f August 14th to City Manager Jullie and said that sta f f r e - viewcfthe technical aspects of the grading plan sub m i t t e d had determined the following deficiencies: 1. The plans do not show any of the proposed erosion co n - trol measures for the site. It would be necessary t o install either staked hay bales or fabric siltation fence, or other appropriate measures, around the per i - meter of the excavation areas. This requirement wi l l undoubtedly be required by the Watershed District a s well. 2. The work would have to be under a permit issued by t h e Watershed District. 3. The plans do not indicate the method that will be u s e d to stabilize the permanent slopes. For instance, t h e proposed 15 foot high perimeter berm has 3-1 slopes . Under normal circumstances, it could be expected t h a t seeding and disc mulching would be satisfactory to r e - vegetate the slopes. However, due to the sandy soi l conditions, it may be necessary to supplement the slopes with top soil and perhaps utilize an erosion netting to preclude a continual erosion problem. T h e s e comments would hold true for the stock pile area for the proposed 5,000 cubic yards of fine grain soils. 4. Leaching of surface water through the proposed fill area has contaminated ground water. 220 City Council Meeting -19- August 19, 1986 City Attorney Rosow noted that there is a berm in t h e s o u t h - east area of the landfill and that this permit c o n t e m p l a t e s the removal of that berm and the excavation of w h a t i s referred to as Phase 1 of the proposed expansion o f t h e landfill. He said this would entail removing th e b e r m t o ground level and continuing to dig 90 feet. He s a i d t h e total earth material to be removed would be appro x i m a t e l y 1,350,000 cubic yards and that, prior to the temp o r a r y restraining order, approximately 97,000 cubic yar d s o f soil had been removed from the berm. City Attorney Pauly enumerated the information co n t a i n e d in the Council agenda material as follows: 1. Planning Director Enger's report dated August 15 , 1 9 8 6 2. Letter from the Minnesota Pollution Control Agen c y (MA) dated July 15, 1985 to Mr. Rosow 3. Response Order by Consent from the MICA in the Ma t t e r of the Flying Cloud Sanitary Landfill 4. Letter from the MPCA dated May 7, 1986 to Woodlake Sanitary Services, Inc. 5. Page 52 of deposition of Rodney B. Kager dated Ju l y 2 , 1986 6. The partial transcript of proceedings with Rollin S m i t h at a hearing on February 6, 1986 7. Letter from the MPCA to Mr. Rollin Smith dated Ap r i l 16, 1986 8. A copy of the Minnesota Code of Agency Rules Sect i o n 4410.3100. 9. Letter from Mr. Pauly to Executive Director Micha e l Sullivan of the Environmental Quality Board dated February 14, 1986 10. Response from Mr. Sullivan to Mr. Pauly dated Febr u a r y 19, 1986 11. Letter from MECA to Mr. John Curry, Regional Landf i l l Manager of Flying Cloud Sanitary Landfill, dated F e b - ruary 13, 1986 12. Director of Public Works Dietz report dated Augus t 1 4 , 1986 Pauly also called attention to the application d a t e d F e b - ruary 5, 1986 and the letter from Mr. Nowlin of Larkin, Hoffman, Daly & Lindgren, Ltd. dated February 4, 1986. He also referred to the plans submitted by Woodla k e d a t e d May 22, 1985 with a revision date of January 20, 1 9 8 6 c o n - sisting of five sheets. Fred Hoisington, representing proponents, address e d t h e proposal. He noted that they feel they are here a t t h e City's request to make an application for the lan d a l t e r a - tion permit and that the request deals only with t h e s o u t h - east stockpile of approximately 50,000 cubic yard s u s e d f o r daily cover. City Council Meeting -20- August 19, 1986 Redpath asked if it is a berm or a stockpile. Hoisington said for this purpose it is a stockpile. Peterson noted that it serves the function of a berm and that the applica- tion deals with a 90-foot excavation and a total of 1,350,000 cubic yards of material. Hoisington then said that the subject of this permit is removal and use of that portion of the berm above ground. Peterson then asked for clarification of what the permit is asking for. Rosow said that the application as sub- mitted in February and signed in July deals with the re- moval of not only the berm but also the excavation below that. He said the application does not contain specifics but rather refers to the plans submitted with it that show removal of the berm and excavation of the expansion. Peterson commented that he thought we had to deal with what has been presented and not on what is intended. Peter Coyle, attorney with Larkin, Hoffman, said that they are here tonight asking for the Council's approval of a request to remove the southeast stockpile and that they are deferring for a future time the question of whether excavation below grade is covered by the land alteration permit process. Peterson said he believed that the item is not in order because staff has been reviewing a request for excavation 90 feet below grade and has not addressed the issue of removal of the stockpile only. Coyle responded that he thought they were only asking for something less than what was asked for in the request for land alteration permit, not something different. Coyle said the removal of the stockpile was part of the request and thus should have been dealt with by staff in the review of the request. Bentley said he thought the issue before us is a grading permit that staff and legal counsel have reviewed and that he thought a specific grading proposal with those specific limitations would be in order for Council consideration. He said that he would definitely refuse to approve a grad- ing permit that had possibilities of more dirt being re- moved than is specified by the request and, further, that he would not promise to vote to approve even that limited a request. MOTION: Bentley moved, seconded by Redpath, to deny the request for a grading permit by Flying Cloud Landfill, based upon the following recommendations contained in the Staff Report of August 15, 1986: 1. MCAR Rule 4410.3100 prohibits the granting of the land alteration permit until the Supplemental EIS for the 22 IA S City Council Meeting -21- August 19, 1986 2. The existing landfill is presently contaminating the environment and the underground water through the re- lease of harmful substances, and the MPCA has suspended review of the expansion permit while remedial action is being investigated. Permit review has not been recom- menced. The construction and operation of the landfill expansion may exacerbate the present harmful effects to the environment. 3. The purpose for which the land alteration is requested, i.e., the construction and operation of a sanitary landfill is not a use permitted by the City's zoning code nor its Comprehensive Guide Plan. 4. The removal of the berm will destroy the buffer against noise, blowing debris, and the detrimental visual effects which it provides to properties to the east. 5. WSSI has failed to provide thb City with its plans for restoration and final configuration of the land upon completion of the filling of the sanitary landfill sought to be constructed. City Attorney Pauly suggested that proponent be permitted to continue their statement. Peterson said he agreed but that he wanted to know on what request they are speaking. Coyle said that they are here at the request of the Council and that they are here to request approval of the removal of the southeast stockpile and not to address the issue of whether there will be permitted under the land alteration ordinance excavation below grade. Bentley said he didn't recall that the Council had requested that they come before the Council to make a request for a land alteration permit. Rosow replied that proponents had contended originally that they didn't have to submit an application for anything and that's why they went ahead. He said after the City said they had to, they submitted the application as an accommodation to the City, then re- quested withdrawal of the application and subsequently said that they did not want it withdrawn. He said the application before the Council is for the 1,350,000 cubic yards and that it is appropriate to act on that request. Bentley said he wanted the record to show that this Council has not requested that proponent come before us to make this request. Redpath said he believed that removing the berm or stock- pile would indicate an act of closure to the activities there and there would be no further excavation. He said he 2230 City Council Meeting -22- August 19, 1986 was unsure if further excavation is requested and approved would the berm be put back. Hoisington said that the PUD shows that a berm would be constructed around the entire eastern perimeter of the landfill and that would require further excavation. Peterson said that he was sure we would entertain a re- quest to consider a land alteration permit for the removal of the present berm stockpile but that tonight the request under consideration is for the total excavation. Hoising- ton said he believed it was usually possible to deal with something less than requested but not something more. City Attorney Pauly said he thought we should take into consideration what they have said in that they are reduci n g the request to the removal of the berm. He said, however , that in reviewing the question staff had viewed the move- ment of all of the soil including the berm and so he thought the analysis and the recommendations apply to the parts as well as the whole. Planning Director Enger agre e d . Anderson called the question. VOTE ON THE MOTION: Motion carried unanimously. C. Grading permit t_ Birchwood Mini-Storage (south of Terry Pine Drive, east of CSAH 4) City Manager Jullie referred to the Staff Report dated August 12, 1986 that described the request for a grading permit. MOTION: Redpath moved, seconded by Anderson, to approve the request from Miller Companies for a grading permit for Birchwood Mini-Storage subject to the recommendations of staff. Motion carried unanimously. VII. REPORTS OF ADVISORY COMMISSIONS There were no reports. VIII. APPOINTMENTS A. kppointment of member to the Development Commission t o fill an unexpired term to 2/28/8 -8 MOTION: Bentley moved, seconded by Redpath, to continue this item to the Thursday, August 21, 1986 meeting. Moti o n carried unanimously. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS 22'71 City Council Meeting -23- August 19, 1986 A. Reports of Council Members MOTION: Pidcock moved, seconded by Anderson, to continue the reports to the Thursday, August 21, 1986 meeting. Peterson distributed copies of a process to satisfy City administrative space needs and asked that councilmembers review the proposed process for debate and discussion on Thursday evening. VOTE ON THE MOTION: Motion carried unanimously. B Report of City Manager There was no report. C. Report of City Attorney City Attorney Pauly said that the letter from John Sorenson the Council had received copies of would be responded to. D. Report of Director of Public Works 1. Plan approval, TH 169 improvements between CSAH 1 and Prairie Center Drive (Resolution No. 86-216) MOTION: Bentley moved to adopt Resolution No. 86-216 for layout approval, TH169. Motion died for lack of a second. Director of Public Works Dietz said that such an item is often put on the Consent Calendar since it has al- ready had a Public Hearing. MOTION: Pidcock moved, seconded by Anderson, to con- tinue this item to the September 2, 1986 meeting. Motion carried unanimously. 2. Award contract for Valley View Road, I.C. 51-272 (Resolution No. 86-207) Director of Public Works Dietz noted that the bids had come in about $300,000 over the estimate. MOTION: Anderson moved, seconded by Pidcock, to adopt Resolution No. 86-207 accepting the bid from Shafer Contracting Company, Inc. for improvements for Valley View Road, I.C. 51-272. Roll call vote: Anderson, Bentley, Pidcock, Redpath and Peterson voted "aye". Motion carried unanimously. . . Director of Community Services Lambert referred to:his memo of August 14, 1986 containing recommendations 2_213 City Council Meeting -24- August 19, 1986 E. Report of Director of Community Services 1. Appointment of Park Bond Referendum Committee Director of Community Services Lambert referred to his memo of August 14, 1986 listing the names of indi- viduals willing to serve on the Park Bond Referendum Committee. MOTION: Anderson moved, seconded by Redpath, to appoint the Park Bond Referendum Committee as listed in the staff memo of August 14th with the addition of Curt ConnaUghty and other citizens who express interest prior to the first meeting of the committee. Mot/On carried unani- mously. 2 Selection of Architect for Community Center Addition Director of Community Services Lambert referred to his memo of August 11, 1986 containing recommendations for the architectural services for expansion of the Community Center. MOTION: Pidcock moved to continue this item to the Thursday, August 21, 1986 meeting. Motion died for lack of a second. MOTION: Redpath moved, seconded by Anderson, to accept. the recommendation of the staff to contract with Setter, Leach and Lindstrom for architectural design services for expansion of the Community Center. Bentley said he was concerned about the discrepancy between the low bid and the one that was accepted. Lambert said that the committee was unanimous - in their ranking of the companies submitting bids and that the experience of the firm was given heavy consideration in the decision for Setter, Leach and Lindstrom. City Attorney Pauly said he thought we needed a firm with experience in similar situations because of the problems in the current building, therefore he supported the recommendations of the committee. Redpath called the question. VOTE ON THE MOTION: Motion carried unanimously. 3. Selection of Park Planning Firm for Miller Park -25- 'City Council Meeting Augubt-194 1986 regarding the selection of the Planner/Architect the Miller Park project. MOTION: Redpath moved, seconded by Anderson, to accept the recommendation of the staff to contract With Brauer and Associates for the first phase of design work for Miller Park. Motion carried unanimously. NEW BUSINESS There was none. ADJOURNMENT MOTION: Bentley moved:, seconded by Redpath,...:to_adjourn meeting at 12315 PM.: Motion Carried unanimously. . ;2:14 • for (ATTACHMENT A) Mr. Gary Peterson 9 4 00 Crestwood Drive Eden Prairie MN. 55344 Reference: FEASIBILITY REPORT FOR STREET IMPROVEMENTS FOR CRESTWOOD TERRACE IMPROVEMENT CONTRACT 52-079 Prepaired by Eugene A. Dietz, P.E. Signed: July 9, 1986 Dear Mr. Gary Peterson: I wish to express my opions concerning several- points in the referenceo proposal. As stated in the introduction (top of page 3) "a petition requesting street improvements for the unpaved portion of Crestwood Terrace", there is support from the community for this improvement. However there is no need at this time for any improvements on the section of Crestwood Terrace that is already paved. Why was the original request expanded on by the author to include a 1 1/2 inch bituminous overlay on the currently paved section? The author suggests a reason (middle of page 4) as "providing a continuity to the whole area". Yet the new paved section as proposed (bottom of page 3) is "4 feet narrower'. It seems poor continuity to have the access section, now gravel, to be paved narrower than the main section of Crestwood Terrace that is currently paved. A second reason suggested by the author (bottom of page 5) is "poor condition in need of repair". Certainly there are other streets in Eden Prairie in far greater need of repair. A simple sealcoating of the paved section of Crestwood Terrace would be an adequate preventative maintenance, and if the new Paved section were also sealcoated it would "provide a continuity". The estimated cost for paving the gravel section only, including the storm sewer improvements is $28,536.67 + 9% ADMINISTRATIVE FEE S 2,568.30 + 107. CAPITALIZED INTEREST L2,85 .3,67 TOTAL $33,968.64 This is less than 1/2 the proposed TOTAL ESTIMATED 870,896.73 Also, paving only the gravel section would be much less disruptive to the vast majority of the community, as there would still be access from Dell Road. Certainly all residents along Crestwood Terrace would receive some benefit from paving the gravel section. But it would seem obvious that most of the benefits in property value and other intangibles would be realized by those five lots adjacent to the new paving. Merely as a point for discussion, if 50% of the new paving costs of $33,968.64 were assessed to the 5 lots, thier share would be $3,396.86 each, while the remaining 45 lots would be assessed $377.43 each. Additional review of alternatives and a more accurate assessment of needs would seem advisable. 221‘, , s) ‘),(„6,- , ,4, c, 1 ,4 -AI . 1/- )12.6 _ r, -7"-A Or .1-r, Yfk/'17 /6 \ '77/ - ‘ 4/4 ".7 /611,-2 /' (^ '71 l Ye: ' ,..,_.... s"? 6 6 ../..7Z.e..-. /-.....- Ar (Z,17,-,---• :3-ic..to, 44...r" \f.v.:_ V.4..\t,..-.... \-).- . 11 1 ' 11 / ,./L,. )J if I/ / %.1 a • ..., ,1 5 ,t r,n-ts4.4.,...(_ 51 rcw. L .1e. ,i 1-1w-i-tv t.,n st. 0 1.. 4 ( ' . , n / 111110MYWRIIIIII/IRM qtrIIIMINIEEEP.M127/1" • , - .--).n1'1"7%-' r 4,1!..2; 7 7/.2 TI-yv .S r24, 67.5 -11 - (ATTACHMENT B ) PETITION The undersigned are members of Olympic Hills Golf Club and/or neighbors and adjacent property owners of Olympic Hills Golf Course. We are aware of the severe problem of goose over-population as it affects Olympic Hills. The concentration of geese on the Golf Course has resulted in damaged greens, fairways and tees by goose droppings and grazing. We are very much in favor of supervised goose control for Olympic Hills which may include a limited hunting program. We ask the City Council to urgently consider and to authorize such a program. 1. 940 6//3).,. 5-.5 344 "t)/46,/.s C L., 3 Ho „r“„.„17 tde g.e 41,, Yvv /Qt _?_, 01-t;43/: Coj 4151,1:4i Y A-- YrY1/e/c , n ci Asimozwaszensir"- m., 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 14. 15. 16, 18. 19. 20. 21. 22. 23. 24. 25. 26, 27. 28. 29. 30. 31. 32. 33. 34, 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. -....._4 _,),-,----e, 7 -r--- -A; • • s' c!,:_/..;,,<:-. 6-r-r- 4;21, r7g,"/Aer-..."-er , CI , t2 . ,- ,..,:..:, ,' ._ J,I;', t. i 1 c .E, •"O e-1 I C I : t,..,L(tcL-A I 162'9A-11 ,.) . • 4 li P.IMANNIIII 0 ilitsr2MIONFIlli*Mti.' MIIIM AIIPMENIr , , .. ArflimminformINIXTRA 4 h . , INNINWNWMAIRMIEM14. _Atfixamerimmraw ti) /A1/41, '?.i4re 404005 4,41/47.1 Ciodhoor 1 f j" 47,4` 46. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 2219 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL THURSDAY, AUGUST 21, 1986 COUNCIL MEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE 7:00 PM, SCHOOL ADMINISTRATION BOARD- ROOM Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock, and Paul Redpath City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, Fi- nance Director John D. Frane, and Recording Secretary Jan Nelson ROLL CALL: All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Redpath moved, seconded by Bentley, to approve the Agenda and Other Items of Business as published. Motion car- ried unanimously. II. ITEMS CONTINUED FROM COUNCIL MEETING HELD TUESDAY, AUGUST 19, 1986 A. Payment of Claims Nos. 28987 - 29299 City Manager Jullie explained that Claims Nos. 29296 - 29299 for Commissioner Fees for Well #9 were incurred as a result of the condemnation procedure on that well. Pidcock questioned Claim No. 28995 for the United Way of Minneapolis for payroll deductions and said that she wanted to discuss whether this practice should continue. Peter- son said he thought the City Staff votes on approving the option of payroll deduction and the Council may not have anything to say about it. City Manager Jullie said it was his decision whether to allow a payroll deduction and that this is the only one we have ever allowed. Redpath noted that the United Way serves as a clearing house for 90 agencies thereby allowing all groups involved to avoid individual group solicitation of funds. Pidcock said she thought the privilege of payroll deduc- tion should be available for other organizations and that allowing the United Way deduction was, in effect, favoring that organization over the others. '170 City Council Meeting -2- August 21, 1986 Bentley noted that it is an elective deduction for the individual employee. Redpath said that each employee can designate the individual group or groups within United Way to which he wants to contribute. Anderson said that the Bloomington Schools offer the United Way payroll deduction and commented that, prior to the decision to offer the deduction, it was total chaos with groups coming in to solicit funds. He said he thought the groups who do not belong to the United Way often spend a large percentage of their funds on the collection process. He said that he would like to see the question turned over to the Human Rights Commission and let them return with a recommendation. MOTION: Bentley moved, seconded by Redpath, to approve the Payment of Claims Nos. 28987 - 29299. Roll call vote: Anderson, Bentley, Pidcock, Redpath and Peterson voted "aye." Motion carried unanimously. MOTION: Pidcock moved, seconded by Anderson, to have the Human Rights & Services Commission conduct a study on what role the City should play in being a collection agency for the United Way or any other organization and return recommendations for the Council to consider. Redpath said that the largest organizations in the City as well as the government agencies allow the United Way deduc- tion and that he believed the City should continue the practice. VOTE ON THE MOTION: Motion failed with Peterson, Bentley and Redpath opposed. B. Comments on Manager's Update (Councilmenber Patricia Pid- cock) Pidcock said that she wanted to commend Mr. Jullie for the City Manager's Report that he provides on the weeks when the Council doesn't meet and also to thank John Frane for his report on insurance. City Manager Jullie said he wanted to thank the Department heads and Craig Dawson for their part in producing the City Manager's report. MOTION: Pidcock moved, seconded by Anderson, to commend City Manager Jullie and the staff for the excellent City Manager's report. Motion carried unanimously. City Council Meeting -3 - August 21, 1986 C. Comments on Meeting with Auditors (Councilmember Patricia Pidcock) Pidcock said that she had met with the Auditors for a couple of hours on Monday and said they had told her our City staff does an excellent job but that they are encumbered in the crowded spaces in which they work. She said they reported that Mr. Frane's assistant Maxine was an outstanding help. She also said that they hope the $10,000 shortage at the Preserve Liquor Store will show up as an inventory error. D. Trees on Red Rock Heights (Councilmember Patricia Pidcock) Pidcock said that she had received many calls on this from residents and asked if the trees knocked down in the devel- opment of this area would be replaced. Jullie said not unless it was a specific item in the Developer's Agreement since the Final Plat has been approved and bonding set. He said that homes that are built there will have requirements for landscaping. Redpath asked if the location of the large cottonwood tree knocked down was part of the sewer easement. Jullie said it was. Anderson said that we don't ask for a tree inventory when a sewer is approved and said that he thought City staff should be concerned about the location of the sewer in regard to large trees and take the responsibility to move the location a few feet if necessary. E. Appointment of member to the Development Commission to fill an unexpired term to 2/28/88 Peterson said there were no requests for consideration left over from January and so there are no nominations for the appointment. Redpath said he would like to have some discussion about doing away with the Development Commission since there has been nothing for them to do for some time. Peterson said he would prefer to invite the Commission mem- bers to come and meet with the Council or to write a letter appraising the importance of their work and recommending continuance or discontinuance. City Manager Jullie said that at the last joint meeting with the Commission there was some discussion of their future role and that the Commission was asked to come up 22 71 City Council Meeting -4- August 21, 1986 with a general insight on development in the City and how it was impacting the community. He said he believed it was to be more of a monitoring of planning efforts and that they have been receiving updates from the Planning staff regard- ing projections and efforts particularly in the southwest area of the City. He further said that they are a capable group but have nothing to work on as far as the City need- ing more development at this point. Anderson said the original idea for the Commission was to bring development in but, if we don't have a need for that now, he thought we should not waste staff time by continu- ing the Commission. He said that he was in favor of phasing it out at the end of the year. Bentley said he would like to call for a joint meeting with the Development Commission to discuss this issue. MOTION: Bentley moved, seconded by Anderson, to request the Development Commission to set a joint meeting to be held at 6:00 PM on a date to be coordinated with the City Manager to discuss the issue. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to continue Item E regarding the appointment of a member to the Devel- opment Commission until after the joint meeting with that Commission. Motion carried unanimously. III. DISCUSSION ON CITY HALL OPTIONS Peterson said that there are two or three facets to the dis- cussion regarding City Hall options tonight. He said that he would like to begin by debating the process recommendations in his proposal. He said that Item 1 regarding discussions with individual Councilmembers had been taken care of. Peterson said he wanted to include staff (Item 2) as early as possible since they are aware of the needs and any process would have to recognize the input of the City staff. Peterson said Item 3 regarding the appointment of a blue rib- bon committee was the heart of the process. He then asked the Councilmembers for their response to that item. Bentley said he saw this as a continuation of the process started after the defeat of the previous referendum. He said that a process was begun at the meeting held on May 30th and he then reviewed the motion approved at that meeting. He said he thought the most important issue to deal with at this point was whether to lease or not lease and not the issue of whether to build or not build. City Council Meeting August 21, 1986 Peterson said that he thought the purpose of hiring a leasing agent and directing the architect to look at building as put forth in the motion of May 30th was to obtain information and that neither presumed a decision to lease or to build. He said the process put forth similarly does not preclude leasing or eventual building on Mitchell Road or another site but, in his opinion, it adds a dimension to the process so that a citizen's committee with the Council's direction has a large share of responsibility in the process. Peterson then said he is proposing this so that the process can continue because he doesn't think the present City Council can continue it as we were involved in the first attempt. He said he thought another committee with an overall charge to study and make recommendations could succeed because it is a different approach. He said the Council still must make some short term as well as long term decisions. Bentley asked whether or not the appointment of a committee at this point is premature and said that he thought we need to set a little firmer direction as to what we would like to see accomplished before such a committee is established. He said he thought we have an immediate need to deal with an obvious space problem and that the Council needs to look at the leasing options as soon as possible. Peterson said he thought appointing the committee does not relieve us of any of the responsibility of resolving the im- mediate space needs. Redpath said he believed it would take two years or better to build and five years with the additional time for the process, therefore he thought we should determine the costs very closely. He said we have a responsibility to staff to let them know there is an end to the current conditions. Pidcock asked what kind of expertise would be looked for in the committee members. Peterson responded that there should be representatives from the business community and the athletic community as well as those active in support of and in opposi- tion to the previous referendum; in other words, a broad-based community group who represent centers of influence and who can arrive at a consensus on a proposal for an ultimate City Hall provision. Pidcock said that she would like to see people with expertise in allocating space and knowing what was needed rather than just trying to represent the whole community. Peterson said that experts would be used for the actual needs determination and that any information currently available would be used. 2 2V City Council Meeting -6- August 21, 1986 He further said that any restrictions we might dec i d e o n u p front, such as including space for growth or other c o n s i d e r a - tions, would have to be built in early in the proc e s s . Redpath said that we had asked for response from t h e c o m m u n i t y through the newspapers and we got little or no r e s p o n s e . H e said we have to somehow identify to the community w h a t t h e needs are and that we have to separate the needs o f t h e C i t y and the School District as two distinct needs. Bentley said he had no objection to the selectio n o f t h e c o m - mittee to do something but that he was not prepa r e d t o n i g h t t o recommend that we appoint such a committee mainly b e c a u s e h e wanted to think harder about the specific points l i s t e d o n t h e process. He said he would like to see us narrow d o w n t h e s c o p e of what the committee will be looking at, such a s l o o k i n g a t a building of 25,000 square feet and should we hav e a r e f e r e n d u m or not, and if we should build or lease such a b u i l d i n g . H e said he is not opposed to the concept ofa commi t t e e b u t h e was under the impression that the meeting tonigh t w a s t o d i s - cuss the leasing options. Peterson responded tha t w e a r e h e r e to discuss leasing but that leasing doesn't addre s s t h e u l t i - mate resolution of the problem. Pidcock said that she came with the idea that we w e r e g o i n g t o make some decisions. She said she believes we ha v e t o t a k e t h e vote on the previous referendum into consideratio n b u t t h a t we have to make the decision and get on with it. R e d p a t h s a i d he thought we have to decide on how much space to l e a s e a n d therefore decide on whether we are going to split u p t h e s t a f f . Bentley said that he disagreed with the idea of a l a r g e - s c a l e , long-term blue ribbon committee because it is thi s C o u n c i l ' s job to make the decision relative to what we are g o i n g t o d o about a City Hall and then put that before the pu b l i c . A d i s - cussion followed regarding the ramifications of a c c e p t i n g o r ignoring the committee's recommendations if the co m m i t t e e i s formed and the possible recommendations that migh t b e d e v e l o p e d by such a committee. Anderson said he thought it was a fine group of p e o p l e w h o worked on the site selection committee before but w e d i d n ' t accept their decision, He said that now we are t a l k i n g a b o u t going back around to the same process, therefore w e m u s t b e prepared to accept the recommendations this tim e . A d i s c u s s i o n followed regarding the recommendation of the pre v i o u s s i t e s e - lection committee and the Council's decision on t h e r e c o m m e n d a - tion. 2.2:eu City Council Meeting -7- August 21, 1986 Anderson further said his real concern is the growth of the City and whether we can afford to put off the process in order to make a decision as of January 6th. He said the timing is important so we should make a decision and go with a referendum, if it is needed, before the School District comes along with another one. Peterson responded that we are going to discuss and decide on leasing either all of the space or part of it, but pointed out that this is a process that reaches for the ultimate solution. He said he believed the only alternative to forming the committee would be to lease. Bentley agreed that we have to start a process but that it doesn't necessarily have to be this process. Anderson said that he thought we could work with this process and modify it to be ac- ceptable. Peterson agreed that modifying it was also an alterna- tive. Bentley said that he had a hard time accepting Item 8 regarding implementation of the committee recommendations. He said he didn't think any recommendations should be brought before the Council with the understanding that they will be implemented. He also said he would like to see Item 3 modified and that he wasn't sure about the proposed timing. Anderson reiterated that timing is critical and said he thought we should get through the process in time for this to be in- cluded in the February Parks referendum. Peterson replied that he didn't think we would want to be the second question on a referendum that would include parks and Community Center. He said the dates specified do not imply that that would be the date arrived at for a possible referendum. A discussion fol- lowed regarding the timing of the process and the dates of future referendums. Bentley said that if we make a commitment to a long-term lease for the entire staff that would take some of the pressure off for a decision on when we are going to have a referendum or make a decision to build since the lease could be continued for a period of time. He said with a three-year lease we would have about a year to either have a referendum to build or decide to build without a referendum and then two years to construct a building that would be ready when the lease expired. Anderson noted that the money becomes an issue at that point if we make a decision to lease. Redpath suggested that we continue the discussion for two weeks to allow time for suggestions or modifications. Peterson asked :2-ZS City Council Meeting -8- August 21, 1986 that the Councilmembers get back to him with any modifications so that it can be put on the agenda for the next meeting and discussion can continue. MOTION: Redpath moved, seconded by Bentley, to continue con- sideration of the proposal until the next meeting. Motion carried unanimously. City Manager Jullie referred to the booklet containing the analysis of leasing proposals with dollar figures dated August 19, 1986 prepared by Steve Kellogg of Welsh Companies, Inc. He said the four sites reviewed in the report are very repre- sentative of what is available. He said they are all office/ warehouse type buildings and some of the space would be interior area without windows. Phyllis Redpath, 9745 Mill Creek Dr., said that many of the comments she had heard were in favor of expanding on the present site. She also thought a survey would be helpful and suggested a card or form with several options to check off and send in or drop off at City Hall. She said she believed there would be adverse reaction if the decision was made to build without a referendum. Jerry LaBarre, 8761 Meadowvale Dr., said that he liked the Mitchell Road site as it brings the facilities of the City together. He said he thought it was important to present to the people the cost comparisons of leasing versus building. Redpath said he believed the instruction we received from the 14% who voted was that we should build on land that the City already owns. He said the important point tonight is how much money and how long should we go on leasing but he felt that would be a difficult decision to make until we know the cost. Mr. LaBarre said he thought if we could see that we would have the referendum we should ask the employees to suffer for a period of time rather than leasing or adding another unit. Bentley said that the biggest problem we have now is that the current facility is inadequate and unsafe for the current level of staff and that we can't withstand 18 months without some other alternative. Steve Kellogg, representing Welsh Companies, Inc., reviewed the leasing analysis figures. He said the lowest figure was $700,000 for three years for 22,000 sq. ft. of space. Redpath asked if the 22,000 sq. ft. is required immediately or within the three-year time period. City Manager Jullie said it City Council Meeting -9- August 21, 1986 was based on a five-year projection of current staff growth without adding any other departments. Bentley asked if the figure of $700,000 was based on the aver- age gross rate, including the operations. Kellogg said it was. Bentley then asked if the high end would be almost $1,000,000. Kellogg said that was correct. Redpath asked what the operating expenses would be. Jullie said this year's budget was about $50,000. Bentley said that would mean operating expenses for three years would be close to $200,000, allowing for growth and inflation. Redpath asked if the owner would subdivide the building since each of the projects is office/warehouse space. Kellogg res- ponded that the figures are based on the building being ready to move in with the exception of the telephone service. Pidcock asked if the figures included computer hookup. Kellogg said that would also be an added expense but that he expected to go back to one or two of the projects for more detailed figures and could include such things as computer hookup at that time. Bentley noted that on an average annual basis the net addi- tional cost per year over our current facility would be $167,000 per year which would equate to about 0.5 mil per year. Peter- son noted that we could expect that the present building could be leased or sold. Jullie commented that two other locations have come up recently that might have some potential. Redpath suggested that those two get in touch with Mr. Kellogg since he is our leasing agent. Pidcock asked about leasing costs in the building in Edina. Anderson said that he believed there were some legal questions regarding the City Hall being located out of the city limits. Kellogg said he had contacted the owners and the comparative cost figures turned out to be $14 - $16 per sq. ft. Kellogg noted that, after a decision is made to lease and final plans are set, it would take 60 to 90 days for the process to prepare for moving in. Anderson said he believed there are other options but was not sure how practical they are, He said we should investigate the figures on the portable buildings. Jullie said he recalled the cost figures on those as being about $7200 per year for 1500 sq. ft. plus utility and maintenance costs. Anderson City Council Meeting -10- August 21, 1986 asked how many would be required. Jullie said it would depend on whether the Council meetings would be in there. Assistant to the City Manager Craig Dawson said we would need four of them if we removed the trailer and did not require Council chambers, which would amount to about $30,000 per year. Peterson asked if modification to the present septic system would be required for the temporary buildings. Jullie said none would be required. Bentley asked about the probability of leasing the current building if the staff moved out. Jullie responded that he thought there was a very good chance we could lease it. Bentley asked what the square footage of the current building was. Jullie said it was about 7 - 8,000 sq. ft. and would probably lease for about $4 per sq. ft. Bentley noted that his calculations showed a net cost per year of $132,000 to lease the lowest cost site and lease out the current building versus the cost of $30,000 per year to add the portable buildings. Redpath said another option would be putting part of the staff in another location. He commented that he believed if we go to the temporary buildings what was meant to be temporary becomes permanent over the years. Pidcock suggested a clause that would limit the time in the temporaries. Peterson said he doubted such a clause would work since there would be no alternative available. He said his objection to the portable buildings was that we would have to consider a Guide Plan Amendment for the site since he also believed that the temporary buildings and would become perma- nent and that would remain the site for City Hall. Peterson noted the possibilities for other facilities away from City Hall such as the Schultz house, the former Hennepin County library or leasing smaller amounts of space in another building for a portion of the staff. Pidcock questioned that the Schultz house could be used if we were building on that site. Redpath said his concern with the portable buildings was re- garding the safety of the City records in an unsprinkled build- ing. He said he thought if we do anything we should keep the staff all together. Peterson said he would be in favor of that if we could negotiate a lease for the existing building. He said he thought we had to be committed to making a decision 2172' City Council Meeting -11- August 21, 1986 within 30 days in order to reassure staff and alleviate their anxiety. Bentley said he was in disagreement with dividing up staff and would like to see a commitment to keeping staff together in one place because he felt there would be a cost to the City in terms of inefficiencies if they are split up. He said that the only way he would go along with splitting up staff would be to have a maximum of two locations and if we had in place an abso- lute decision for a permanent solution whereby they would be brought back together within a specified period of time. Peterson said he believed staff would find ways to communicate the things that need to be done if they are split up. Pidcock said that she thought there were certain departments that are not as codependent such as finance. She asked if there was any space available in the Public Safety building. Jullie said there was not. Bentley asked about other buildings that could be brought in. Kellogg said there is one more in process that would be ready in time. Bentley asked Jullie if he could have some discussion with potential leasors of the current building by the next meet- ing. Jullie said he could. Bentley then asked if we could get better information on the temporary buildings and recommenda- tions from the Planning Department in terms of a Guide Plan Change if we remain at the current site. Jullie said we could. Peterson said he would like to get some revised figures on one or two departments that might be candidates for moving out and how much space they would require. Redpath said that sooner or later we have to stop looking at different buildings and finalize the list. Bentley said he thought we should rely on the professional judgment of Mr. Kellogg as to whether a particular building would qualify and, if it did, to get information on it in the same format. Peterson said that we would need hard figures, not approxima- tions, and asked Kellogg if he would have time before the next meeting to determine costs for leasing space for only part of the staff. Bentley said he wanted the figures presented on the basis of the cost of each building for year one, year two, etc., for a particular square footage. Kellogg said that he would get with Mr. Jullie on this but said that the 22,000 sq. ft. commands more to a developer than a lesser amount of space. Anderson said that he would like to get Mr. Jullie's opinion on the other factors involved such as administration, convenience 2.2_79 of location for residents, working conditions and Other such . -. considerations. Redpath said he would like to see .Natalie Swaggert get involved with the issue. Peterson suggested that it might be best to set another spec- ial meeting to deal with this. The consensus was to hold a sPecial meeting. MOTION: Bentley moved, seconded by Redpathi to set a special meeting for Thursday, September 4, at 7:30 PM at a plebe to be determined by City Manager Jullie in Order to considei.,,the additional information Obtained by Mr.Keiloggahd'Mr..-4ullie in:reSponse to the requests from the CoUncilmembers,. NotiOn carried unanimously -. IV: NEW BUSINESS City Manager JOliie:said that he would like to attend the International City Managers Association -(T.C,M..A..) conference in San Diego the end Of September. MOTION: Redpath moved, seconded by Anderson, to approve Mr. Jullie's request to attend the I.C.M.A, Conference.. .:Motion carried unanimously. ADJOURNMENT MOTION: Redpath moved, seconded by Bentley-, to adjournthe meeting at 10:05 PM. Motion carried unanimously. These licenses have been approved by the department heads responsible for the license0 activity. olie, LicenSing 2 zq I CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST September 16, 1986 CONTRACTOR (MULTI-FAMILY & COMM.) Copeland-Mithun, Inc. 101 86' Partnership CONTRACTOR -i(1 & 2 FAMILY) Wes, Hanson Builders, Inc. KOotenia Builders, Inc. Burt: Scott & Associates, Inc. :Woodcliff Development Corp. PLUMBING Design Mechanical Services, Inc. Krumholz Company Lichliter Bros. Plumbing UTILITY INSTALLER Latterner Excavating, Inc. HEATING & VENTI61ING Bethke's Plumbing & Heating Design Mechanical Services, Inc. Northern Plumbing & Heating, Inc. Streitz Heating & Cooling GAS FITTER Bethke's Plumbing & Heating ON SALE LIQUOR & SUNDAY LIQUOR Mexican Village (7711 Mitchell Road) SOLICITOR Lea Ann Thielman Freeman James Hayes MEMORANDUM TO: THROUGH: FROM: RE: DATE: Mayor and City Council City Manager Carl J. Jullie Assistant to the City Manager Craig W. Dawson Revised Joint Powers Agreement South Hennepin Human Services Council September 12, 1986 Early in summer 1986, the Board of Directors of the South Hennepin Human Services Council prepared revisions to the joint powers agreement and recommended their approval by the four City Councils. The Councils of Eden Prairie and Edina approved all of the recommended changes. The Councils of Bloomington and Richfield, however, did not. Subsequently, representatives of the four cities and SHHSC staff have met and proposed acceptable changes to those revisions which were controversial. The latest revisions would: 1) Limit financial assistance to SHHSC from other organizations to grants only, rather than grants and loans; 2) Restore language requiring approval by all of the City Councils prior to undertaking any program, rather than SHHSC informing the Councils of its intent to begin new programs; 3) Limiting new programs to two years duration unless otherwise authorized by the City Councils; and 4) Moving dates for budget submissions and approvals to later in a year. Inasmuch as the latest revision retains most of the language needed to make the agreement up to date and restores some provisions which have been part of the agreement for its 15 years of existence, the revised agreement is a significant and workable improvement for SHHSC. RECOMMENDATION: It is recommended that the Council approve the revised joint powers agreement for South Hennepin Human Services Council as preliminarily agreed by the cities, and that the Mayor and City Manager be authorized to execute the agreement. CWD:CJJ:jdp Attachment n SOUTH HENNEPIN HUMAN SERVICES WUNCIL JuINT AND COOPERATLVE AGRLEta The parties to this Agreement are governmental units of the State of Minnesota. This Agreement is daide pursuant to Minnesota Statutes, Section 471:59 And supercedes all previous agreements between the parties relating to. the organization created by this agreement. • Section 1. The general purpose of this agreement is to provide an organization through wnich the parties may jointly and cooperatively coordinate the providing of human services, both publicly and privately, in the territory of the respective parties. Section 2. The organization formed by this Agreement, being governmental in nature, shall not be used or operated for the pecuniary gain, directly or indirectly, of any party or any member of its board. The organization shall not participate or intervene in a political campaign on behalf of any candidate for public office. Ai1T1CLE 1I. bLFINIT1ONS Section 1. For the purposes of this Agreement the terms defined in this section have the meanin b s given them. Section 2. "South Hennepin Human Services Council", or "Council", means the organization created pursuant to this Agreement, which is formally known as the "South Hennepin Human Services Council". Section 3. "Board" means the board of directors or the Council. Section 4. "City Council" means the governing body of a party. Section 5. "Party" tieans a governmental unit which enters into -this SeCCLOO. Section . "Governmental unit" means a city, however organized -. 2.2.q3 Section 7. "iaiman services" includes bui is not limited to services . and lacilitics to deal with and serve human needs. ARTICLE III. PARTICI; Section 1. The initial parties to this ALreement are tut, following ..•.governmental units: City of Bloomington City of caden Prairie City of Edina City of Richfield ARTICLE IV. GOVERNING BODY Section 1. The governing body of the Council is the board. Each party •.is:,entitled to four directors. A director has one vote; there is no proxy :, voting. The city council of each party shall appoint its four directors for • terms of two years, who shall remain until such directors' successors are selected and qualified. The city council may also, at its discretion, - rescind such appointment. In January of each year each city council shall make tworegular appointments of directors whose terms shall be for two years, commencing on the following February 1. Directors serve without compensation from the Council. Section 2. A quorum of the board consists of nine directors with one director from each party. Section 3. A vacancy in the office of directors is filled by the council of the city appointing the director. In the event the airector whose position bacomes vacant was also an officer, the board shall fill the vacancy in that office. Section 4. In appointing members of the board each city council will appoint one member trom the city council, and give consideration to health professionals, administrative officials, senior citi4eus, young adults ot . voting persons t.r4 .,,,ed in law enfurec..ent, memhers ot the cl,rgy, representatives of business and labor and others with special concerns related to council activities so that the hoard way be a representative sampling of the population of all of the parties. The city councils should endeavor to avoid having more than one-half of the directors from any one 'group, profession or interest. The board shall advise the parties of the names and occupations of each of its directors. The council of a party, , however, shall have complete authority to appoint and to remove, at any :time, a director appointed by it. Such appointments may be made by a council pursuant to such restrictions and requirements as the city council may .require. If the city council does impose restrictions or requirements on its directors, the directors must inform the board of those restrictions or requirements. ARTICLE V. MEETINGS - ELECTION OF OFFICEKS Section 1. At the organizational meeting of the board, and in February of each year, the board shall elect from its members a chair, a vice-chair, a secretary and a treasurer. Section 2. In February of each year, the board of directors shall adopt or amend rules and regulations governing its procedures, including the time, place and frequency of its regular meetings and the manner of calling special meetings. Such rules and regulations must provide for an annual meeting of the Council. The rules and regulations may be amended from time to time subject to the provisions of this Agreement. Section 3. The board may create an executive committee and other committees as it may deem necessary pursuant to its by-laws. The executive committee shall include at lease one director from each of the cities and the board may authorize it to exercise specified powers of the board of directors between board meetings, subject to the Limitations imposed upon it by the board. ARTICLE VI. POWERS AND vales oi; TW: COUNCIL Section I. The powers and duties of the council acting through the board include the powers set forth in this section. Section 2. It may employ a person to act as executive director of the Cduncil. Section 3. It may make such contracts as are necessary to effectuate the purposes of this Agreement. Section 4. It may employ such other persons as it deems necessary to accomplish its powers and responsibilities. Persons may be employed on a full—time, part—time or consulting basis, as the board determines. Section 5. It may conduct research and investigation regarding existing and possible future human services facilities and programs and may develop a proposed plan for providing and coordinating of human services in any or all of the areas of (a) mental health, (b) mental retardation, (c) drug and alcohol abuse, (d) family counseling, and (e) other related or similar problems. Section 6. It may prepare an inventory of human service facilities, services and agencies, both public and private, available to persons residing in the cities. It may make a cost analysis of any existing or proposed human services programs, may call attention to human service needs and human services programs and may undertake to coordinate human service programs, public and private, within the territory of the cities. Section 7. It may apply for and receive financial support in the form of ,rants from any or,;anizatiou or agency in order to accomplish its purposes and may enter into the agreements necessary to obtain that support. 4 Section d. It may invest and reinvest funds not needed for current operating expenses, if any, in the manner applicable by law to statutory cities. The council may not incur obligations in excess of funds available to it. Section 9. It may contract for space, material and supplies. Section 10. It must make a financial accounting and report to the parties at least once each year. Its books and records shall be available and open to examination to authorized representatives of the parties at all reasonable times. Section 11. It may provide for the indemnification of directors, ,officers and employees against reasonable costs and expenses incurred by those persons in connection with any action, suit or proceeding in which the person may be involved by reason of being a director, officer, or employee, except amounts paid or payable to the board itself, and except in relation to matters as to which the person shall be finally adjudged in any action, suit or proceeding to have been derelict in the performance of duties as such director, officer or employee. The indemnification need not be exclusive of other rights to which any such person would otherwise be entitled as a wetter of law. Section 12. It may conduct human service programs within the territory of the parties, provided that the undertaking of any such program shall first have been approved by the council of each of the parties, and provided that it transfers control and direction of the program to another entity within two years, unless otherwise authorized by the parties. Any such program may be submitted to the parties in conjunction with the annual budget of the organization, or it may be submitted between budgets at any time. Section 13. It may exercise any other power necessary and convenient to the implementation of its powers and duties under the provisions of this Agreement. Section 14. No director may on the basis of sex, race, creed, national origin, color, religion, age, or disability, be excluded from the partici- pation on all decisions of the board. Nor may a director be treated differently from the other directors. All directors shall have the same voice on the board. ARTICLE VII. FINANCIAL NATTERS Section 1. Council funds may be expended by the board in accordance with the procedures established by law for the expenditure of funds by statutory cities. Orders, checks and drafts shall be signed by the chair or vice-chair or other officers as the bylaws may designate. Other legal instruments shall be executed on behalf of the Council as provided in the bylaws. Section 2. Contracts shall be let and purchases made in conformance with the legal requirements applicable to contracts and purchases of optional Plan b cities and for such purposes the executive director, if any, shall be deemed to occupy a position equivalent to that of a city manager. Section 3. The parties are not required to provide funds to the council, but any parties may do so. The board (1) is strictly accountable for all funds received and for all funds expended by it, (2) must have an annual audit of its books, and (3) must make an annual report ot all of its receipts and disbursements to each of the parties. Section 4. A proposed annual budget must be tormulated by the board and must be submitted to the parties on or before August 1 for their approval. The budget shall be deemed approved by a party unless, prior to October 17 of the year involved, the party gives notice in writing to the 6 229g Council that it does not approve the budget. The budget shall be revised and resubmitted to the parties until it is approved. Final action adopting an annual budget year shall be taken by the board on or before November 30. Section 5. Except as authorized by law, no member of the board or 'other public officer of the organization who is authorized to take part in any manner in the making of any sale, lease or contract may voluntarily have a personal financial interest in such transaction or personally benefit financially therefrom. A director may not be employed to perform or be :-compensated for the performance of services for the Council. Section 6. The fiscal year of the Council is the calendar year. ARTICLE VIII. DURATION Section 1. The council shall continue from year to year unless the number of parties is less than three. Withdrawal of a party member at the end of January of any year may be accomplished by that city's filing a written notice thereof with the board by November 1 of the preceding year, giving notice of withdrawal as of the following January 31. The withdrawing party shall continue to be a party to this Agreement until the effective date of such notice of with- drawal. The South Hennepin Human Services Council may also be terminated by mutual agreement of all of the parties at any time. Section 2. If a party withdraws from the council before the termination of the council, the party has no claim to the assets of the council. If the council is terminated by mutual agreement of all of the parties to the Agreement, surplus monies of the council shall be returned to the parties in proportion to their respective contributions. If there have 7 been no such contributions by such parties, surplus monies af the council shall, upon termination of the council, be returned to the parties in equal Shares. ARTICLE IX. EFFECTIVE DATE Section 1. This Agreement is effective on the date on which a fully executed copy of this Agreement, together with a certified copy of a city • council resolution of each of the parties authorizing its execution, is filed with the City Clerk of each city. This Agreement may be executed in any number of counterparts each of which may be considered an original copy. IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to-besigned by their duly authorized officers as of the date indicated after, their respective executives. CITY OF BLOOMINGTON By: Its Mayor DATED: By: Its Manager CITY OF EDEN PRAIRIE By: Its 'Mayor By: Its Manager CITY OF EDINA DATED: By: DATED: By: Lily OF RICaFIELD Its Mayor Its Manager Its Mayor DATED: Ly: 115 Manager ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 9 BY ADDING THERETO A NEW SECTION 9.09, WHICH PROHIBITS THE HARASSMENT OF DOGS USED FOR PUBLIC SAFETY PURPOSES; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 9 shall be and is amended by adding a new Section 9.09 which reads as follows: Section 9.09. Harassment of Dogs used for Public Safety Purposes. It shall be unlawful to interfere or meddle with any dog being used by the Eden Prairie Department of Public Safety or any other peace officer in the performance of any of the functions or duties of the Department, or of such officer. No person shall tor- ture, harass, tease, torment, beat, kick, strike, mutilate, injure, disable or kill any dog being used by the Eden Prairie Department of Public Safety or any other Peace officer in the performance of any of the functions or duties of the Department, or of such officer. Section 2. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation," and Section 9.99 are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of Eden Prairie on the day of , 1985, and finally read and adopted and ordered published at a regular City Clerk Mayor day of PUBLISHED in the Eden Prairie News on the , 1985. meeting of the City Council of said City on the CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-243 A RESOLUTION APPROVING FINAL PLAT OF MEADOW PARK 2ND ADDITION C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on September 16, 1986. Gary D. Peterson, Mayor ATTEST SEAL John O. Frane, Clerk 2 3 WHEREAS, the plat of Meadow Park 2nd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under • Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and 'WHEREAS, said plat is in all respects consistent with the City plan and the TegUlations 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 Meadow Park 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated September 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. HISTORY: VARIANCES: CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT Mayor Peterson and City Council Members Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works David L. Olson, Senior Engineering Technician September 9, 1986 MEADOW PARK 2ND ADDITION The developers, Spuds, Inc., have requested CitY Council approval of the final plat of Meadow Park 2nd Addition. The division, containing 9.12 acres, is located east of Homeward Hills Road and north of Sunnybrook Road in the South 1/2 of Section 23. This proposal includes the replatting of Lots 6 and 7, Block 3 and Outlots D, E, F and G, Meadow Park. This plat will consist of 8 lots, one outlot and the right-of-way dedication for Homeward Hills Road and Sunnybrook Road. Lot 4, Block 3, containing 3.28 acres, is proposed for the construction of a City Fire Station. Outlot A, containing 0.01 acres, will be retained by the Developer for the possible combination with Lot 18, Block 3, Meadow Park. The preliminary plat was approved by the City Council on August 5, 1986, per Resolution 86-188. Second reading of Ordinance 41-86, zoning the property to RI- 13.5 and Public (Lot 4, Block 3) is scheduled for the September 16, 1986, City Council meeting. All variance requests must be processed through the Board of Appeals. TO: THROUGH: FROM: DATE: SUBJECT: PROPOSAL: UTILITIES AND STREETS: Municipal utility mains necessary to serve this division have been installed, although utility services to several of the proposed lots are not in place. The developer must coordinate the number of new utility services needed and the corresponding installation costs with the Director of Public Works prior to release of the final plat. PARK DEDICATION: Park dedication shall conform to City Code requirements. BONDING: Bonding shall conform to City Code requirements and must include the costs associated with the installation of utility services to unserviced lots and the sidewalk along Larkspur Lane (1st and 2nd Additions). goi4 Page 2, Final Plat Meadow Park 2nd Addition 9/9/86 RECOMMENDATION: 2. Receipt of engineering fee in the amount Of $ 3 2 0 , 3. Coordination of utility service needs with t h e Director of Public Works. 4. Satisfaction of bonding requirements, includ i n g sidewalk along Larkspur Lane. Recommend approval of the final plat of Mead o w P a r k 2nd Addition subject to the requirements of this r e p o r t a n d t h e following: 1. Receipt of street lighting fee in the amo u n t o f $ 1 7 9 2 . DLO:sg cc: Spuds, Inc. James R. Hill, Inc. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-244 A RESOLUTION APPROVING FINAL PLAT OF L(JKNIC FIFTH ADDITION WHEREAS, the plat of Luknic Fifth Addition has been submitted in a manner -required for platting land under the Eden Prairie Ordinance Code and under Chute,. 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 Luknic Fifth Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated September 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 September 16, 1986. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, Clerk c) (4, CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT Mayor Peterson and City Council Members Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works David L. Olson, Senior Engineering Technician September 9, 1986 LUKNIC FIFTH ADDTION Luknic Enterprises, Inc., has requested City Council approval of the final plat of Luknic Fifth Addition located north of Rowland Road and west of Old Shady Oak Road in the North 1/2 of Section 2. The proposal contains 23 single family lots on 10.36 acres. The preliminary plat was approved by the City Council on July 2, 1985, per Resolution 85-156. Zoning to RI-13.5 was finally read and approved by the Council on July 1, 1986. The Developer's Agreement referred to within this report was executed on July 1, 1986. 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 is necessary. TO: THROUGH: FROM: DATE: SUBJECT: PROPOSAL: HISTORY: VARIANCES: All other variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: Municipal utilities and streets will be constructed by the developer in conformance with City Standards. PARK DEDICATION: Park dedication will conform to the requirements of the City Code and Developer's Agreement. 11111)fr Bonding for municipal utilities and streets will conform to the requirements of the City Code and Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Luknic Fifth 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 $595. 2. Receipt of street lighting fee in the amount of $2610. 3. Receipt of engineering fee in the amount of $920. 4. Satisfaction of bonding requirements. DLO:sg cc: John Luknic Alvin Rehder ADOPTED by the City Council on September 16, 1986. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, Clerk aoZ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-245 A RESOLUTION APPROVING FINAL PLAT OF WINDSONG WHEREAS, the plat of Windsong 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 Windsong is approved upon compliance with the recommendation of the City Engineer's report on this plat dated September 11, 1986. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby, authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: THROUGH: FROM: DATE: SUBJECT: PROPOSAL: 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 September 11, 1986 WINDSONG The developer, Koosman and Rice Company, has requested City Council approval of the final plat of Windsong,.a residential multiple plat containing 39.62 acres. The plat consists of 20 lots, for the construction of 72 multi-family units and 6 outlots. Outlots A (0.31 acres) B (0.37 acres) C (0.35 acres) will be owned by an owners association and will contain privately owned and maintained drives and utility services. Outlot D (0.49 acres) will not be used for building construction and ownership is anticipated to be retained by the developer and possibly transferred to the owners association in the future. Outlot E (15.09 acres) will be privately owned with possible future development. Development proposals for Outlot E must be processed in conformance with City Code requirements. Ownership of Outlot F (12.08 acres) will be transferred to the City in conformance with the Developer's Agreement. The preliminary plat was approved by the City Council on July 15, 1986, per Resolution 86-164. Zoning to RN 6.5 (Blocks 1 and 2) was finally read and approved by the City Council on September 2, 1986, per Ordinance 37-86. The Developer's Agreement referred to within this report was executed on September 2, 1986. All variance requests must be processed through the Board of Appeals. Page 2, Final Plat Windsong 9/11/86 UTILITIES AND STREETS: All necessary municipal utilities, streets, and walkways will be installed by the developer in conformance with City standards. The utilities and streets installed within Outlots A, 8 and C will be privately owned and maintained. Documentation covering ownership and maintenance responsibilities must be provided to the Engineering Department prior to release of the final plat. Developer responsibilities for installation are additionally covered in the Developer's Agreement. PARK DEDICATION: Park dedication shall conform to City Code and Developer's Agreement requirements. Outlot F is to be dedicated to the City in conformance with the Developer's Agreement. This document will be recorded prior to issuance of the final building permit. BONDING: Bonding for municipal utilities, streets and walkways shall conform to the City Code and Developer's Agreement requirements. RECOMMENDATION: Recommend approval of the final plat of Windsong subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street sign fee in the amount of $680. 2. Receipt of street lighting fee in the amount of $3124. 3. Receipt of engineering fee in the amount of $2880. 4. Receipt of documentation covering ownership and maintenance responsibilities for the private utilities and streets. DLO:sg cc: Ray Brandt, Brandt Engineering & Surveying Koosman & Rice Co. John D. Frane. Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-246 A RESOLUTION APPROVING FINAL PLAT OF GONYEA 5TH ADDITION WHEREAS, the plat of Gonyea 5th 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 Gonyea 5th Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated September 8, 1986. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on September 16, 1986. Gary D. Peterson, Mayor ATTEST SEAL 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 , • September 8, 1986 GONYEA 5TH ADDITION The developer, Ronald A. Christenson, has requested City Council approval of the final plat of Gonyea 5th Addition, previously proposed as Prairie Courts. This plat is located east of County Road #4 and north of Highway 5 in the South 1/2 of Section 8. The area being platted contains 3.7 acres zoned Neighborhood Commercial. The preliminary plat was approved by the City Council July 7, 1986, per Resolution 86-169. Second reading of Ordinance 39-86 rezoning the property from Rural to Neighborhood Commercial is scheduled for the September 16, 1986, City Council meeting. The Developer's Agreement referred to within this report is scheduled for execution September 16, 1986. All variance requests not previously allowed must be processed through the Board of Appeals. TO: THROUGH: FROM: DATE: SUBJECT: PROPOSAL: UTILITIES AND STREETS: All municipal utilities and streets to serve this site have been installed. An 8' wide bituminous sidewalk will be constructed along the County Road 4 right-of-way as a requirement of this plat. Because of the scheduled improvements to County Road 4 in this area, the sidewalk should not be installed until these improvements are complete (approximately 2 years). PARK DEDICATION: Park dedication shall conform to the requirements of the City Code and the Developer's Agreement. Page 2, Final Plat Gonyea 5th Addition 9/8/86 BONDING: Bonding shall conform to the requirements of the City Code and the Developer's Agreement. The bond amount and term shall include the sidewalk improvements along County Road 4 as defined in the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Gonyea 5th Addition subject to the requirements of thisreport, the Developer' 5 , Agreement and the following: - I. Receipt of engineering fee in the amount of $370. 2. Second reading:vf Ordinance 3946. 3. Execution of the Developer's Agreement. JJ:sg cc: Ronald A. Christenson . David Todd Runyon & Associates Westwood Planning & Engineering 23i3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 86-247 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer, with the assistance of Hansen Thorp Pell i n e n Olson, Inc., has prepared plans and specifications for the follo w i n g improvements to wit: I.C. 52-069, Bluffs West 5th Addition and Vicinity Drainage Improvements and has presented such plans and specifications to the Council for approval.. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ED E N PRAIRIE: I. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office, are hereby approved. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement 'under such approved plans and specifications. The advertisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids shall be received until 10:00 A.M., Thursday, October 16, 1986, at City Hall after which time they will be publically opened by The Deputy City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 7:30 P.M., Tuesday, October 21, 1986, at the Eden Prairie School Administration Building, 8100 School Road, Eden Prairie. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on September 16, 1986. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 86-248 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS -WHEREAS, the City Engineer, with the assistance of RCM, Inc.. plans and specifications for the following improvements to wit: I.C. 52-101, Riverview Road and Riverview Drive Utility and Street Improvements And has :presented such plans and specifications to the Council lor approval. NOW, . THEREFORE, BE IT RESOLVED BY : CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids'upon the making of such improvement under such 'approved plans :and • specifications. The advertisement shall be published for 3 weeks, shall specify the work to be done, shall state.that bids shall An - received until 10:00 A.M., Thursday, October 16, 1986, at City Hall after which time they will be publically opened by The Deputy City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 7:30 P.M., Tuesday, October 21, 1986„ at_ the Eden Prairie School Administration Building, 8100 School Road„- Eden Prairie. No bids will be considered unless Sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount. of such bid. ADOPTED by the Eden Prairie City Council on September 16, 1986. Gary D. Peterson, Mayor ATTEST: SEAL Soihfi D. Frane, Clerk 23/5" Minnetonka State Bank CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 40-86 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 Community.Commercial 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 Community Commercial 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 Copeland-Mithune, Inc., a Minnesota corporation, and the City of Eden Prairie, and that certain Owner's Supplement to Developer's Agreement, between The Bank, Excelsior, and the City of Eden Prairie, dated as of 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 5th day of August, 1985, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 16th day of September. ATTEST: iL John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of .2 5 EXHIBIT A Legal Description Prairie Courts Development 'ADutlOt A, GONYEA 4TH ADDITION, Hennepin , CoUnty, Minnesota': Minnetonka State Bank DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of 1986, by Copeland-Mithun, 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 Planned Unit Development Concept Amendment for 37.19 acres, Zoning District Change from Rural to .Community Commercial for 3.45 acres, and Preliminary Plat of 3.45 acres into one lot for construction of a bank/office building, 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 #40-86, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall develop the property in conformance with the materials revised and dated , 1986, reviewed and approved by the City Council on August 5, 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. Developer agrees to notify the City and Watershed District at least 48 hours prior to any grading, or tree removal, on the property. 4. Prior to issuance of any grading permit upon the property, Developer agrees to submit to the City proof that Developer has received permission from the adjacent land owner to the east for off-site ,23113 grading required for development of the property. 5. 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. 6. 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. An overall lighting plan for the property, which shall be consistent with the Development Framework Manual for Gonyea 4th Addition. Said plan shall include the size and style Of lighting standards to be used. All lighting standards shall have downcast, cut-off luminars, and shall be a maximum of 20 ft. in height. B. An overall signage plan, which shall be consistent with the Development Framework Manual for Gonyea 4th Addition, including with details of materials, sizes of signs, and other pertinent information. C. Samples of exterior materials for the structures, which shall be consistent with the Development Framework Manual for Gonyea 4th Addition. Exterior building materials shall be facebrick and glass. Upon approval by the Director of Planning, Developer agrees to implement, or cause to be implemented, those improvements listed above in accordance with the plans as approved by the Director of Planning. 7. Prior to issuance of a building permit upon the property, Developer agrees submit to the City a letter of credit in an amount equal to one-half the cost of the following road improvements to the County Road Highway #5 intersection, as identified in the 1986 traffic study prepared by Benshoof and Associates, said costs to be as determined by the State of Minnesota Department of Transportation:. A. Split signal phasing on County Road #4. B. Revision of signal timing on County Road #4 and Highway #5. Construction of right-turn lanes on the north and south approaches on County Road #4. Construction of a right-turn lane on Wagner Way. C. ;ZB i g g 3 o Upon completion of said road improvements by the Minnesota Department of Transportation, Developer agrees to reimburse the City for one-half of the total cost incurred for construction of said road improvements. Upon receipt of the total amount of said reimbursement, City agrees to release the letter of credit. 8. Prior to issuance of any building permit upon the property, Developer agrees to submit to the City, and receive the City's approval of, a letter of credit in the amount of 125% of the total estimated cost of an eight-foot wide bituminous path, to be built to City standards and specifications, and to be located along the west property line along County Road #4. Further, Developer agrees that, upon completion of improvements to County Road #4 for purposes of widening the road, Developer shall construct, or cause to be constructed, said eight-foot -wide bituminous path at the request of the City. Upon completion and acceptance by City of said path, City agrees to release said letter of credit. 9. Developer agrees that there shall be no occimancy of any.portion Of Phase II of the development, as depicted in Exhibit B, attached hereto, until such time as the road improvements listed above in #7. have been completed. 10. Prior to issuance of an occupancy permit for the property, Developer agrees to complete the screening of all mechanical equipment on the property. Developer agrees that screening of rooftop mechanical equipment shall be completed with a metal panel, architecturally integral with the exterior building materials, as approved by the Director of Planning. 11. Developer agrees that the landscaping for each phase of the development, as depicted in Exhibit 8, shall be completed with each respective phase, i.e. landscaping proposed with Phase I of the structure, shall be completed concurrent with Phase I development; - landscaping proposed with Phase II of the structure shall be completed concurrent with Phase II of the development. 12. Developer agrees that the use of the temporary structure for a temporary bank facility shall be in accordance with the site plan as depicted in Exhibit El, attached hereto. Further, Developer agrees to remove said temporary structure from the property eighteen months after issuance by City of an occupancy permit for said temporary structure. 1o146-D. Frane, City Clerk g32,1 Minnetonka State Bank CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-233 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 40-86 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 40-86 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 16th day, of September, 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. 40-86, 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. 40-86 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 September 16, 1986. Gary D. Peterson, Mayor ATTEST: Minnetonka State Bank CITY Of EDEN PRAIRIE. HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 40-86 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 at the . -northeast corner of County Road i4 and Highway #5, -known As Minnetonka State Bank, from the Aural District to the Community Commercial District, ,subject to the terms and conditions of a developer's Agreement. Exhibit A, included'with this Ordinanti; gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: is/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1986. (A full copy of the text of this Ordinance is available from the City Clerk.) Prairie Courts CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 39-86-PUD-7-86 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: 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 propoting that the land be removed from the Rural District and be placed in the Planned Unit Development 7-86- Neighborhood-Commercial District (hereinafter "PUD 7-86-Neighborhood-Connercial"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of , 1986, entered into between Gonyea Investments, Inc., a Minnesota corporation, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD 7-86-Neighborhood-Commercial, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 7-86-Neighborhood-Commercial is not in conflict with the goals of the Guide Plan of the City. B. PUG 7-86-Neighborhood-Commercial is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code, which are contained in PUD 7-86-Neighborhood- Commercial, are justified by the design of the development described therein. D. PUG 7-86-Neighborhood-Commercial is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is, removed from the Rural District and shall be included hereafter in the Planned Unit Development 7-86-Neighborhood-Commercial District, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph 8, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and "11'72 •(:;.n ;,1 John D. Frane, City Clerk Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden -Prairie on the 5th day of August, 1986, and finally read and adopted and ordered Published at a regular meeting of the City Council of said City on the 16th daTof September, 1986. ATTEST: Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of .2 32 4.! Exhibit .A Legal Description OUTLOT A, GONYEA 4TH ADDITION, HENNEPIN COUNTY, MINNESOTA. Prairie Courts DEVELOPERS' AGREEMENT THIS AGREEMENT, made and entered into as of , 1986, by Gonyea Investments, 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 Planned Unit Development Concept Amendment for 37.19 acres, Zoning District Change from Rural to Community Commercial for 3.7 acres, and Preliminary Plat of 3.7 acres into one lot for construction of a 34,080 sq. ft. retail strip mall, 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 #39-86-PUD- 7-86, which includes variances for floor area ratio and number of parking spaces, 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 August 5, 1986, and attached hereto as Exhibit 8, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Developer shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. 4. Concurrent with, and as part of the final plat for the property, A'e,q (a Developer agrees to dedicate to the City, free and clear of any liens, mortgages, encumbrances, or claims, the additional right-of- way for County Road #4, as depicted in Exhibit D, attached hereto and made a part hereof. 5. 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. 6. Prior to issuance of any building permit upon the property, Developer shall submit to the City Engineer, and receive the City Engineer's approval of plans for streets, sanitary sewer, water, storm sewer, and erosion control for the property. Upon approval by the City Engineer, Develdper shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 7. Prior to issuance of any building permit upon the property, Developer agrees to submit to the Director of Planning, and receive the Director's approval of: A. An overall lighting plan for the property, which shall be consistent with the Development Framework Manual for Gonyea 4th Addition. Said plan shall include the size and style of lighting standards to be used. All lighting standards shall have downcast, cut-off luminars, and shall be a maximum of 20 ft. in height. B. An overall signage plan, which shall be consistent with the Development Framework Manual for Gonyea 4th Addition, including with details of materials, sizes of signs, and other pertinent information. C. Samples of exterior materials for the structures, which shall be consistent with the Development Framework Manual for Gonyea 4th Addition, along with plans indicating the where said materials will be used on the exterior of the building. Exterior building materials shall be facebrick and glass. Upon approval by the Director of Planning, Developer agrees to implement, or cause to be implemented, those improvements listed above in accordance with the plans as approved by the Director of Planning. 8. Prior to issuance of a building permit upon the property, Developer agrees to submit to the City a letter of credit in an amount equal to one-half the cost of the following road improvements to the County Road #4 and Highway #5 intersection, as identified in the 1986 traffic study prepared by Benshoof and Associates, said costs to be as determined by the State •of Minnesota Department of Transportation: A. Split signal phasing on County Road #4. B. Revision of signal timing on County Road #4 and Highway #5. C. Construction of right-turn lanes on the north and south approaches on County Road #4. D. Construction of a right-turn lane on Wagner Way. Upon completion of said road improvements by the Minnesota Department of Transportation, Developer agrees to reimburse the City for one-half of the total cost incurred for construction of said road improvements. Upon receipt of the total amount of said reimbursement, City agrees to release the letter of credit. 9. Developer agrees that there shall be no occupancy of any portion of the development, as depicted in Exhibit B, attached hereto, until such time as the road improvements listed above in #8. have been completed. 10. Prior to issuance of any building permit upon the property, Developer agrees to submit to the City, and receive the City's approval of, a letter of credit in the amount of 125% of the total estimated cost of an eight-foot wide bituminous path, to be built to City standards and specifications, and to be located along the west property line along County Road #4. Further, Developer agrees that, upon completion of improvements to County Road #4 for purposes of widening the road, Developer shall construct, or cause to be constructed, said eight-foot wide bituminous path at the request of the City. Upon completion and acceptance by City of said path, City agrees to release said letter of credit. 11. Prior to issuance of any driveway permit, or any landscaping by the Developer on the property, Developer agrees to construct, or to cause to be constructed a five-foot wide, five-inch thick concrete sidewalk, to be located along Wagner Way, with internal sidewalk connections of the same dimensions and materials connecting to the sidewalk along Wagner Way, all as depicted in Exhibit 8, attached hereto. Construction of said sidewalks shall be in accordance with the terms and conditions of Exhibit C, attached hereto. 12. Prior to issuance of an occupancy permit for the property, Developer agrees to complete the screening of all mechanical equipment on the property, as depicted in Exhibit 13, attached hereto. Developer agrees that screening of rooftop mechanical equipment shall be architecturally integral with the exterior building materials, as approved by the Director of Planning. 5 22 Prairie Courts CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-237 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 39-86-PUD-7-86 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 39-86-PUD-7-86 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of September, 1986; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN A. That the text of the summary of Ordinance No:30460110-7 ,86, which is attached hereto, is approved, and the City Council •finds that said text clearly informs the public of the intent and effect of said ordinance. 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 avallable.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. 39-86-PUD-7-86 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on September 16, 1986. Gary D. Peterson, Mayor ATTEST: tin D. Frane, City Clerk PUBLISHED in the Eden Prairie News on the day of , 1986. (A full copy of the text of this Ordinance is available from the City Clerk') cfRi 30 Prairie Courts CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 39-86-PUD-7-86 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECT1ON ,11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY -PROVISIONS THE CITYCOUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS 521Ma: This Ordinance allows rezoning of land located at the northeast orner of County Road #4 anOlighway45, known as Prairie Courts,- from the Rural District to the PUD4-86 -4eighborhOOd !"Commercial- District,: subject to the terms and Conditions of a developer's agreement. EXhibit -.A4AncludecL.Withtthis Ordinance, lives the full legal desCriptionefthis property, Effective Date: This Ordinance 001 take effect upon publication'. ATTEST: /s/John D. Frane City Clerk /s/Gary D. Peterson Mayor John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of i231 Meadow Park 2nd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 41-86 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 propoting that the land be removed from the Rural District and be placed in the R1-13.5 and Public Districts. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 and Public Districts, 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. 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 5th day of August, 1986, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 16th day of September. ATTEST: Exhibit A LEGAL DESCRIPTION foe rOctImP.SOf MAT MfACIOW Peet 250 4021710. 6 and 7, th.t1OtS D. E. F And 0. KADOW PARK, ate Oeehen1 te the recorded thereof, Hennepin County, Minnesota. .1.50 All of that part of Northeast Quarter of the 5thathwett Quarter of Section 23, Township 116, Range 22, Henneoln County. Minnesota. and that part of Tract E. REGISTERED LAND SURREY NO. 751. files of the Registrar of Titles. said Menne.. County, lying easterly Of a line described as follows: Commencing at the northeast corner Of said Northeast Quarter Of the Staithwest Charter; thence on an assumed bearing of South gg degrees 38 minute, 22 seconds West along the north line of said Northeast Quarter of the Southwest Quieter 11 distance of 213.31 feet tO the point of begsnning of the line to be described; thence southerly dIstance Of 5821.24 feet along a nontandential curve, concave to the east, having o central angle of 16 degrees 49 minutes 50 attendt. radius of 2002.66 feet and a chord bearing of South 8 degrees 46 minutes 28 seconds East: thence South 17 degrees 11 minutes 18 Serene, fast, tangent td said curve, • distance of 151.39 feet; thence southerly 4 distance of 495.13 feet along a tangential curse, Concave to the west, hieing • central angle of 42 degree, 22 minutes 11 Seconds and a radius of 669.55 feet; thence South 25 degrees 10 minutes 53 Seconds West, tangent tO the last described curve, a distance Of 125.00 feet; thence southwesterly a dist.. Of 108.50 feet along 4 tangential Curve. concave to the northuett. having central angle of 17 degrees 54 minutes 22 seconds and a radios of 347.19 feet; thence South 43 degrees OS minute, 15 seconds West. tangent to the tact described curve. • dittante Of 288.73 feet; thence Stgathwesterly and southerly a distance of 312.72 feet along a tana aaaaa 1 curve, concave to the southeast, hee 1 .9 Central angle of 50 degrees 1Z minute, DO secants and radius of 156.93 feet (0 the south line of said Tract E and there terhInating. REZONING TO 1.351.1C All thee part of Tract C. REGIS2E*E0 10110 SURVEY NO. 711, file. etch. Rest aaaaa of Titles. Hennepin Cooney. n lying aeutn tttttt ly and tttttttt on a line 43.00 feet 'oath...tart, and wester), lreo ehe fallowing a...elate line: Comeencing at the northeast c rrrrr at the Nortneast 0 of the South.est Qoaccen of Setttos 23, Township 116, Renee 22. seta Neon... County: thence on an rrrrrr d rrrrr ne of South 89 dearer. 38 22 second. West along the rrrrr line of Sold Northwest QU4FLOT of the Soothuest Quarter • distance of 198.31 feet to the point of besasnansoc the floe to be descrtbed: thence souther. dtstance of 588.24 feet along • rrrrr ngentiol LUTV!. concave to the rest. ha.ng • central angel of 16 4 rrrrrr 49 •instes 40 second.. • radius of 2002.86 fret end • chord besrine et 5 .seh 8 rrrrrrr .6 ...notes 19 seconds East: these. South li d, 11 manatee 18 seconds East. tangent to said curse. egstanse of 151,39 feet; thee. soother. dist.. of 495.13 feet along tangential c rrrr r c rrrrrr to E. west. havtvg a c•ntr•1 an, le of 42 dose... 22 ...not" II "cones and • radius of 669.53 feet: thence South 25 degrees 10 In notes 53 Seconds West. t ..... t to t h• last d•se rrrrr curve. • distance of 125.00 feet; thence sauthveeterly • distance of 108.50 feet elolie • t rrrrr %Sol cur.., concave to the north..., havine • central angle of 17 degrees 54 asnutee 22 seconds end • rad.. of 347.19 feet, then.. South • de 5 minutes 15 IVCOOdA West, tangent to the last described curve. • distance of 288.73 feet: thence south- ...steely and southerly a dlstance of 112.72 feet aloe' a . rrrrrrrr cur •• concave to the southe•st, h••ine • central aneel of 50 degrees 12 asnutes 00 seconds and • realms of 356.93 feet to the south tone of easel Test. E and there terminating. And lysng westerly and soethvesterly of the following described line: Comment.' at the southea. corner of sold Tract E: thence an an assumed heart., ot South 82 d rrrrrr 59 minutes 0: seconds West along tne sale south Isne of T.. E distance of 4 0.28 feet to the setae of b rrrrrr of eald Ito* to be described: thence North 0 deflect 41 non." 02 seconds East a distance ol 300.58 feet: thence North 59 d eeeeee 54 21 ogeano. west a dIstance ot 1)2.72 feet; then. North AO degrees 54 minute' .5 seconds West a distance af 40.00 fret and there ...natl.. 9010414 70 111-11.5 Lots 6 and 7. Outlots 0, E. F end G. MEADOW PARK. "[tramg to the retorted plat thereof, Hennepin County. Minnesota. ALSO All of that part of North.," Quarter of the SOuthwest Quarter Of Section 23. Township 116, Range 22, Hennepin County. MInnesota, and than part of Ted. E, REGISTERED LAND 50611E5 NO. 751, files of the Registrar of Titles, said hennenin County, lying easterly of a line described as follows: CoinnenCing at the northeast corner of said Northeast Quarter of the Southwest Quarter; thence on an assumed bearing of South 89 &ware. 36 mirutea 22 secOndS West alone the north line of silo Northeast Quarter of the Southwest Quarter a ds stance of 213:31 feet to the point of beginning of the line tO be described, thence southerly a distance of 588.24 feet along a nontantentlel curve, concave tO the east, having a central Ingle of 16 degrees 49 esnutes 40 ...con., a radius of 2222.86 feet aqu a chord bearing of South 8 degrees 46 amulet 29 seconss fait: thence South 17 degrees 11 oinutel 18 seCOnts fist. tarment to said curie, a distance of 151.39 fern; thence southerly a dtstance of 495.13 fret along a tangential curve. conc., to tne west, haring a central Angle Of 42 degrees 22 aim. II seconds and • radius Of 619 55 feet: thence South 25 degrees 10 .:no tes 53 seconds West, tangent to the last deSCribed curve. distance of 125.00 feet: thence southwesterly distance of IC9.50 feet alone a tanoential curve, concave to tne northwest. havinct Werel .9 1 e Of 17 degrees :4 emotes 22 seconds arIa radius of 347.19 feet; theme SWum us degrees Cl ininutell II StfOrldi West. (iinOeht (0 the 14tt defer-Iced curve. a distance of 778.73 fret: thence sOuthwesterly ant southerly a distance or 312.72 fist alOhO tangentlal fLeve. i:nrare to the "wines.. hosing 4 central angle of :2 Col.. 12 ninotes ,e(OndS And 4 rsditiS of :26.53 feet 1.0 the 50uth ling Of call Tract I and Inger ,g1,1.3t 1 EXCEPTISG All that part of Tract E. REGISTERED LAND SURVEY NO. 7 51, files of the 11,11.(21. of Outlet. Mena.. County, linnesata. lying 'and eeeee rl, one Ito. 0 0.00 feet .eath..et.t 1 7 and caaterly from the following described floe: Coeviencting st the northeast corner of the Northeast Ouerter of the Southwest Quarter of Sects. 23, TOWIIhip 116. Ranee 22. said Hennepsn County; thence on an eeeeee 4 bearing of SOMIA 89 degrees 38 manor,. 22 SVC0442 West along the north line of salud northeast Q usrc.r of the Southwest Quarters distance of 198.31 feet to the pot" of beam.", of the line tab. descrsbed: thence s000her1, • dIstance of 589.2l feet along • nontangentsal curse, concave to the east, having • central angel of 16 d eeeeee 49 elnutes 40 seconds. is rads., of 2002.86 feet and a chord bearing of South 8 d eeeeee 46 minutes 28 seconds fast; thence South 17 lest... 11 sinuses IS seconds Cast. tangent to 'ale curve, , distance of 151.39 feet: thence 50utherl, • dfatance of 495.13 fret alon, a tangentsal curse. concave to the vest. harih, a centtal angle 01 4: d e eeee 22 minutes 11 records and • radius 01 oo9.5.5 feet: thence South 25 de grees la minutes hl seconds Lest. tanaent to the last descrabed curve. • ristante of 125.00 feet; thente southwesterly distance of 101.50 feet alone tangential curve, eon." to the northwest. haivIng a central angle at 1 2 degrees 5 4 minutes 22 second0 and a rad.% ot 347.19 feet; thence South -43 degrees OS 'lout. 15 seconds West, tangent to the last ...bed curve. a asstancr al :59.73 feet: thence fond southerly a assts.. of 112.72 sect alone a tan,ential curve. conerwe to the southeast. ham. . central once; ol 50 degrees I: asnote. 60 seconds Ana • radius al 250.9) fret ta the south line of sa. Traft L lad there And lying wester. and sooth eeeeeee It of the follOwsnit deStrthed line: Commenting at the southeast corner of sltd Tract E: thence an an It6wOrd hearing ol South Old J eeeeee SO afnutes 02 settees 'seal along the seid south ling of Trott 1 a I... • at 40.20 feet to the ginint ot breinnins et said line to be described. then,. north U A eeeeee sd minute. 02 ter.. Last • distance et 390.50 feet, tt.onte hor. SO degrees se 41 21 sato.. .est dystan. of 112.72 lett, I.1.0 lot. en deorers ho minotes s'r segosus west a Jtston. of AO. 00 feet 3.0 chore eeeeeee ties. Jain D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-238 Meadowpark 2nd Addition A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 41-86 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 41-86 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of September, 1986; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN A. That the text of the summary of OrdinanceNo: 41-86,: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. 41-86 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 September 16, 1986. Gary D. Peterson, Mayor ATTEST: CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 41-86 • 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 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 locatecLeast_of Homeward Hills Road, north Of Sunnybrook Road from the Rural District to the R1.13.5 and Public Districts. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from the City Clerk.) 233S Bluestem Hills CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 45-86 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND F R O M O N E ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS O F L A N D IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTI O N 1 1 . 9 9 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto a n d m a d e a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-13.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter i n t h e R1-13.5 District, and the legal descriptions of land in each District referre d t o i n City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are a m e n d e d accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violati o n " a n d Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted i n t h e i r entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of , enter e d i n t o between Brown Land Company, a Minnesota corporation, and the City of Eden P r a i r i e , which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of August, 1986, and finally read and adopted an d o r d e r e d published at a regular meeting of the City Council of said City on the 16t h d a y o f September. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of folik BLUESTEM LULLS. EDEN PRAIRIE LEGAL DESCRIPTION FOR AREA TO BE REZONED TO RI-13.5 That part of the following described lands That part of the East half of the Southeast Quarter of the Southeast Quarter tying South of the North 10 feet thereof and North of Purgatory CCee Section Township 11S Range 22. Hencepin County. according to the Government Survey thereof That part of the Southwest Quarter of the Southwest Quarter_ escept the north ZZ rods thereof. Section 23. Township 115. Range 2? described as follows Beginning at the intersection of the West line of said Southwest Quarter with the south line of the north 22 rods of said Southwest Quarter of the Southwest (tearer thence east along the south line ot the north 22 rods of said Southwest Quarter of the Southwest Quarter -71 00 feet. thence south at a right angle. SO n5 feet- thence southwesterly deflecting 46 degrees to the right. to the northerly line of the plat of nu7Fs 'rEST according to the recorded plat thereof thence northwesterly alone the north line of said BLUFFS WEST. to the west line of said Southwest Quarter of the Southwest Quarter thence north along the west tine of said Southwest snorter in the Southwest Quarter to the point of begioning. The North 353 feet of the Southwest Quarter of the Southwest Quarter of Section 25. TOwnShip Ith Range 22 Hennepin County according to the Government Survey thereat Which lie> northerly and easterly of the iollowing described Line A and lies northerly of the following described Line Line A: Commencing at the rIE corner of said SE 1/4 of the SE 1/4 Section 26, Township 116, Range 22, Hennepin County; thence on an assumed bearing of S 0 degrees 20' 35" E. along the East line of said SE 1/4 of the SE 1/4 a distance of 640.00 feet to the point of beginning of the line to be described; thence II 70 degrees 39' 25" 14 a distance of 115.00 feet; thence II 81 degrees 03' 00" 14 a distance of 250.00 feet; thence 11 27 degrees 30' 00" E a distance of 70.09 feet; thence N 48 degrees 15' 00" 14 a distance of 100.00 feet; thence 5 68 degrees 15' 00" tt a distance of 95.00 feet; theme S 85 degrees 45' 00" 14 a distance of 88.03 feet; thence Fl 68 degrees 00' 00" 14 a distance of 100.00 feet, mare or less, to its intersection with the west line of Said East half of the SE 1/4 of the SE 1/4 and there terminat ing. Line B Cormenc frig at the FM corner of said SW 1/4 of the St! 1/4 Section 25, Township 116, Range 22, Hennepin County; thence on an assumed bearing of S 0 degrees 20' 35" F., along the Nest line of said SW 1/4 of the St4 1/4, a distance of 640.00 feet to the Point of beginning of the line to be described; thence S 39 degrees 20' 35" E a distance of 250.00 feet; thence N 29 degrees 20 00" E a distance of 60.00 feet; thence S 38 degrees 30' 00" E a distance of 245.00 feet; thence South 35 degrees 00' 00" E a distance of 75.110 feet: thence S 66 degrees 30' 00" E a distance of 130.00 feet; thenre S 43 degrees 30' 00" E a distance of 100.03 feet more Or less to its intersecti— with the southeasterly line of the second above described parcel and there term'-at ing. BLUESTEM HILLS PLATTING That part of the following described lands That part of the East half of the Southeast Quarter of the Southeast Quarter lying South of the North 90 feet thereof and North of Purgatory Creek. Section 2o. Township 116 Range 22, Hennepin County. according to the Government Survey thereof That part of the Southwest Quarter of the Southwest Quarter, meet the north 22 rods thereof Section 25 Township 115. Range 22 described as follows Beginning at the intersection of the west lineal said Southwest Quarter with the south line at' the north 22 rods of said Southwest Quarter of the Southwest Quarter. thence east along the south line of the north 22 rods of said Southwest Quarter of the Southwest Quarter 771 00 feet thence south at a right angle 590 06 feet thence southwesterly. deflecting 45 degrees to the richt to the northerly line of the plat of BLUFFS WEST according to the recorded plat thereof- thence northwesterly along the north line of said BLUFFS WEST to the west tine of said Southwest Quarter of theSouthwest Quarter thence north along the west line of said Southwest Quarter of the Southwest Quarter to the point of beginning The North 353 feet of the Southwest Quarter of the Southwest Quarter of Section 25. Township IIS Range 22. Hennepin County. according to the Government Survey thereof Bluestem Hills DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1986, by Brown Land Company, 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 R1-13.5 District for 26.86 acres and PreliMrinary Plat of 31.56 acres into 62 single family lots and one outlot, 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 #45-86, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall develop the property in conformance with the materials revised and dated , 1986, reviewed and approved by the City Council on August 19, 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 grading permit on the property, Developer agrees to submit to the Director of Planning, and receive the Director's approval of revised plans which indicate the continuation of Meade Lane as depicted in Exhibit D, attached hereto and made a part hereof. 4. Developer agrees to notify the City and the Watershed District at least 48 hours in advance of any grading, or tree removal, on the property. 5. Prior to issuance of any permit for grading upon the property, Developer agrees to implement erosion control measures and adequate protective measures for areas to be preserved and areas where grading is not to occur, and to receive City approval of said measures. Prior to approval by the City, the Developer must call for on-site inspection of the property by the City, and defects in materials and workmanship in the implementation of said measures shall then be determined by the City. Defects in materials or workmanship shall then be corrected by the Developer, reinspected and approved by the City prior to issuance of the grading permit by the City. Approval of materials and workmanship may be subject to such conditions as the City may impose at the time of acceptance. 6. Developer agrees to confine grading to that area of the property within the construction limits as shown on Exhibit B. Developer shall place snow fencing at the construction limits within the wooded areas of the property prior to any grading upon the property. 7. Prior to issuance of any grading permit, Deve'loper shall submit to the Director of Planning and receive the Director's approval of a tree inventory of those trees within the construction area and within 25 ft. outside of the construction area, indicating the size, type, and location of all trees twelve (12) inches in diameter, or greater, at a level 4.5 feet above ground level. If any such trees are removed, damaged, or destroyed outside of the construction area, Developer agrees that prior to issuance of any building permit for the property, Developer shall submit to the Director of Planning, and receive the Director's approval of a replacement plan for all trees removed, damaged, or destroyed outside of the construction area. Developer further agrees that said trees shall be replaced by similar tree species and that the trees used for replacement shall be no less than six inches in diameter. The amount of trees to be replaced shall be determined by the Director of Planning, using a square inch per square inch basis, according to the area of the circle created by a cross sectional cut through the diameter of a tree as measured 4.5 feet above the ground. 8. If a tree replacement plan is required, Developer agrees that, prior to issuance of any building permit, Developer shall submit a bond, or letter of credit, guaranteeing completion of all tree replacement work as approved by the Director of Planning. The amount of the bond, or letter of credit, shall be 150% of the approved estimated cost of implementation of all tree replacement work and shall be in such form and contain such other provisions and terms as may be required by the Director of Planning. Developer agrees to prepare and submit for approval to the Director of Planning a written estimate of the costs of the tree replacement work to be completed. Upon approval by the Director of Planning, Developer shall implement, or cause to be implemented, those improvements listed above in said plans, as approved by the Director of Planning. ,aat 9. Concurrent with the initial final plat for the property, Developer agrees to plat the right-of-way for Meade Lane located north of Jackson Drive, as an outlot for purposes of road right-of-way in the future. Developer further agrees to grade said portion of Meade Lane in conformance wiuth City Engineering standards for road construction as part of the mass grading work on the property in accordance with the terms and conditions of Exhibit C, attached hereto. 10. For purposes of preservation of as many trees as possible along Purgatory Creek, Developer agrees as follows: A. There shall be no grading, or tree cutting, or tree removal from that area located west of the Purgatory Creek Conservancy Line, as depicted in Exhibit B, attached hereto. Concurrent with the final plat, Developer agrees to provide an easement to the City covering that area south of the Conservancy Line which shall prohibit grading, construction, cutting, or removal of any vegetation;:, B. Developer agrees that the grades and Lowest Floor ElevationS for all lots on the property shall be in strict coMpltance with the approved grading and development plan as depicted in Exhibit B, attached hereto. For those lots where ,: the Lowest Floor Elevation is not the same as the approved grade, and is higher than the approved grade, Developer, agrees that block, or other structure, shall be used for extension up to the approved Lowest Floor Elevation. Under no circumstances shall additional fill be allowed to extend ' the grade of the property to the Lowest Floor Elevation of - such lots. C. Developer agrees that those areas of the property which will be filled three, or more, feet above the natural grade of the property as depicted in Exhibit B, attached hereto, shall be graded, restored, and revegetated, as part of the mass grading of the property, prior to any individual house construction. Developer agrees that the mass grading of all such areas shall take place at the time of initial street and subdivision grading. D. Developer agrees that, prior to any grading, tree cutting, or tree removal on the property, Developer shall submit to the City, and receive the City's approval of covenants and restrictions for each of the lots which require the construction of the home on each lot to be in conformance with the Lowest Floor Elevation shown for that lot in Exhibit B, attached hereto. Said covenants and restrictions shall be recorded against the property prior to any grading, tree cutting, or tree removal on the property. 11. Concurrent with, and as part of the final plat, Developer agrees to dedicate to the City a scenic easement over Outlot A, as depicted in Exhibit B, attached hereto. 12. 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. 13. Developer agrees to provide for replacement of 228 caliper inches of oak trees on the property as prescribed by the tree replacement policy of the City. 14. Concurrent with construction of streets, Developer agrees to construct, or cause to be constructed, a five-foot wide, five-inch thick concrete sidewalk along the west side of Meade Lane, along the south side of Jackson Drive, and along the west side of Bennett Place. Said sidewalks shall be constructed in accordance with the terms and conditions of Exhibit C, attached hereto. 15. Developer acknowledges that the property does not have immediate access to sanitary sewer at this time. The property could be served by a gravity sewer constructed westerly to Homeward Hills Road, or by a lift station. The decision for permanent service will be made through a feasibility study. Prior to release of the second phase final plat, and after completion of the feasibility study, Developer agrees to execute a special assessment agreement to pay for the property's share of the gravity sewer costs. In. the interim, a temporary lift station -would be allowed with the Developer paying for the installation and all maintenance costs until the temporary station would be removed. If a permanent lift station proves to be the only feasible method to service the property with sanitary sewer, Developer shall be responsible for installation and perpetual maintenance costs for' said station. 16. City acknowledges that Developer has petitioned for improvements to Bennett Place as a condition of approval for development of the property. Developer thereby waives any rights to appeal as to the amount of the assessment for the improvements. ADOPTED by the City Council on September 16, 1986. Gary D. Peterson, Mayor ATTEST: Jain D. Frane, City Clerk Bluestem Hills CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-239 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 45-86 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 45-86 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of September, 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. 45-86, which is attached hereto, is approved, and the City Council finds that said text clearly inform 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. 45-86 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. Bluestem Hills CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 45-86 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: 5MTEE.X: This Ordinance allows rezoning of land located south of Bennett Place, north of Purgatory Creek, from the Rural District td -the R1-13.5 District, subject to the terms and cohditions of a developer's agreement. . Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect Upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1986. (A full copy of the text of this Ordinance is available from the City Clerk.) 380 470 195 LF LF LF $ 50.00 69.00 160.00 EA 900.00 EA 1,1 00.00 EA EA LF LF 1,100.00 500.00 75.00 10.00 1 EA 3,500.00 36" RCP CL Ill 42" RCP VL 111 66" RCP CL IV Eden Prairie Std. M1-1 or CO (0-8') Design S-5 (60" Dia.) 6 Eden Prairie Sump CO (0-89 Design S-7 1 Eden Prairie Std. MH (0-8') Design 5-5 (72" Die.) 1 42" RCP 7I'2° L.R. Bends 1 Extra Depth MN or CO (60" Dia.) 22 Extra Depth MH or CB (72" Di.) 7 66" RCP End Section With Trash Guard ,,nd Riprap TOTAL $19,000.00 32,430.00 31,200.00 5,400.00 1,100.00 1,1rJ0.00 500.00 1,650.00 700.00 3,500.00 $96,5S0.00 CHANGE ORD ,:z. NO. 1 September 10, 1986 Project: Wyndham Knoll Eden Prairie, Minnesota J.C. 52-097 RCM Project No. 861013-2 TO: Nodland Construction Company, Inc. You are hereby directed to make the changes noted below in the subject contract. Nature of Change: The storm sewer system constructed for the Wyndham Knoll Project together with a system constructed to serve the Hidden Glen 1st and 2nd Additions discharges to a temporary ditch which runs through the Hidden Glen 3rd Addition. Grading of portions of the Hidden Glen 3rd Addition cannot be completed until an enclosed storm sewer system is constructed through the Hidden Glen 3rd Addition to carry stormv.,ater now discharged to the existing ditch. This change order will provide for the construction of that portion of the Hidden Glen 3rd storm sewer system necessary to eliminate the existing ditch and allow grading on Dell Road and Chennault Way to proceed. The Contractor shall construct the 36", 42" and 66" RCP storm sewer tocrilier with struct ,:res 27, 29, 37, 38, 40, 41, 43, and 46 shown on the attached Plan Y.,:.ets 9, 14 zind 15 for the Hidden Glen 3rd Addition project. Op2nirs shall h prJvi.1 .d in structures for the future connection of other storm sewer condaits as .hown. Odutii:Iss sll be covered with temporary bulkheads. Adjustments to Contract Quantities and Costs: Add the following storm sewer quantities as shown in the following sciledule: By BY/ SIJ \.\ CON t: r I) 111ST ..1 iINTS: Contract Amount Prior to this Change Order Net Increase Recoiling From this Change Order Current Contract Amount Including This Change Order 526,253.00 96,530.00 :;.6t2,-S753.0D The Above Changes are Approved: RCM, INC. CITY OF EDEN PRAIRIE Date__ -------- ----- The Above Chanoes are Accepted: NODLAND CONSTRUCTION COMPANY, INC. By Date L'./A4A August, 1986 CONTRACT AMENDMENT NO. 3 TO CONSTRUCTION CONTRACT FOR IMPROVEMENT PROJECT 52-011 A AND 8 EDEN ROAD AND SINGLETREE LANE CITY OF EDEN PRAIRIE, MINNESOTA BENNETT-RINGROSE-WOLSFELD-JARVIS-GARDNER, INC. 700 Third Street South Minneapolis, MN 55415 The following work shall be added by contract amendment to this project. SCHEDULE A (EDEN ROAD) ADDITIONS Item No. Item Estimated Unit Unit Quantity Price Amount $259.20 $259.20 1. Sawing Concrete Pavement L.F. 60' $4.32 TOTAL ADDITIONS SCHEDULE A SCHEDULE B (SINGLETREE LANE) ADDITIONS Estimated Unit Item No. Item Unit Quantity Price Amount 1. Granular Borrow (LV) C.Y. 819.2 $ 3.93 $3,219.46 2. Pavement removal and L.S. 1.00 $1,942.41 $1,942.41 replacement, and res- toration work around new catch basin 9A. TOTAL ADDITIONS SCHEDULE 8 $5,161.87 TOTAL ADDITIONS, CONTRACT AMENDMENT NO. 3 $5,421.07 Page 1 of 2 .Per / c:7?)') Page 2 of 2 NECESSITY FOR AMENDMENT SCHEDULE A (ADDITIONS) Item 1 Existing concrete driveways had to be sawed to match new aprons. SCHEDULE B (ADDITIONS) Item 1 Granular material needed for foundation and bedding for 54" storm sewer was not available on site, suitable granular material had to be trucked in from off-site sources. Item 2 New Catch Basin 9A was not in original contract, but was added after street was built, to provide adequate drainage. Bituminous pavement, concrete curb, and turf had to be removed and replaced. Cost of this Item to be reimbursed by BRW, due to omission from original construc- tion plans. ORIGINAL CONTRACT AMOUNT TOTAL PREVIOUS CONTRACT AMENDMENTS SUBTOTAL TOTAL ADDITIONS CONTRACT AMENDMENT NO. 3 CONTRACT AMOUNT TO DATE CONTRACTOR Northdale Construction Co., Inc: Title ENGINEER Bennett-Ri ngrose-Wo I sf el d-Jarv i s -Gardner , Title PI—e.71-e0,1w $632,607.68 $ 31,664.05 $664,211.73 $ 5.421.O7 $669,692.80 (k.WOL Date Inc. Date 6//ey_25a. CITY OF EDEN PRAIRIE City Engineer Date MEMORANDUM TO: Mayor and City Council FROM: Carl J. Jullie, City Manager SUBJECT: Appointment Change DATE: September 10, 1986 I would like to recommend that effective September 24th the Council formally approve the appointment of Natalie Swaggert as Eden Prairie's representative to the South Hennepin Human Services Council. This responsibility is closely related to her present role as staff liaison to Eden Prairie's Human Rights and Services Commission. Natalie's representation to both the Council and the Commission will increase communication and help ensure integration of efforts when needed. I have been very pleased with Craig Dawson's efforts as Eden Prairie's representative for the past seven months. Craig worked hard on the Shared Transportation Program (utilizing the Minnegasco van) and was also an influential member on the Joint Power's Agreement Committee. Larry Oppold, Director of South Hennepin Human Services Council, is in agreement with the appointment of Natalie Swaggert at this time but emphasized his appreciation for Craig's contributions during his interim appointment. CJJ:km R3(47 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #86-240 RESOLUTION APPROVING THE PRELIMINARY PLAT OF J & L SUBDIVISION FOR FRANK R. CARDARELLE BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of J &L Subdivision for Frank R. Cardarelle, dated August 5, 1986, consisting of approximately three acres into seven single family lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 16th day of Septenter, 1986. Gary D. Peterson, Mayor ATTEST: JVhn D. Frane, City Clerk STAFF REPORT TO: Planning Commission FROM: Donald R. Uram, Assistant Planner 1IIT6UGH: Chris Enger, Director of Planning DATE: August 22, 1986 PROJECT: J & L Subdivision LOCATION: South of Blossom Road, east of Bennett Place APPLICANT: Cardarelle and Associates, Inc. FEE OWNER: Frank R. Cardarelle REQUEST: 1. Zoning District Change from R1-22 to R1-13.5. 2. Preliminary Plat of 3.09 acres into seven lots and road right-of-way. _ 12 Background This site is currently designated on the Eden Prairie Comprehensive Guide Plan for Low Density Residential land uses. Surrounding designations within this area are also Low Density Residential. However, the Planning Commission has reviewed a Comprehensive Guide Plan Change from Low Density Residential to Church on the site directly north of this property. Specific land uses in- clude Eden Prairie Acres, zoned R1- 22 to the east and south, the D. Holand Addition and Creekview Estates, zoned R1-13.5 to the west, and the proposed Prairie Lutheran Church to the north, with a requested zoning designation of Public. The proponent is requesting a Zoning District Change from R1-22 to R1-13.5 to allow for the development of seven single family lots. Site Plan/Preliminary Plat The site plan depicts the division of a 3.09-acre tract into seven CATION_ MAP OPOSED. SITE "1'40 In rto kr - N *1 7.17i - t!aili 1111111!."11 pi r- Z_AREA • • 40 ' ;IP 11 I I II I I 4je * dirmifium vdigr. • PISIM IPLI1111.- 4klet rem- , k.4.1 1111111iir1dl• t6.4 MI6 J & L Subdivision 2 August 22, 1986 single family lots. Access to these lots will be provided from Bennett Place and a proposed street located along the eastern property line of this parcel. There is an existing house on Lot 1, which contains a total of 25,025 square feet, while the remaining lots range from a minimum of 13,500 square feet to a maximum of 16,916 square feet. The average lot size within this subdivision is 14,654 square feet. All of the lots meet the minimum requirements of the R1-13 .5 zoning district. The subject property is bordered on three sides by existing or proposed streets. Bennett Place, designed for a 60-foot right-of-way and a 32-foot pavement width, will require an additional 13.5 feet of road dedication. In conjunction with the Prairie Lutheran Church to the north, the proponent shall submit a petition for the feasibility report for the upgrading of Blossom Road including a 50-foot right-of- way, 28-foot pavement width, and the necessary utilities. Because a 50-foot right- of-way is required, the proponent will dedicate an additional 8.5 feet from the property for the roadway. The proposed road down the eastern property line will have a 50-foot right-of-way requiring 25 feet of roadway dedication from the proponent and the adjacent property owner. The location of this proposed roadway alignment is consistent with the overall plan for the area (see Attachment A). Because of a lack of information provided regarding the adjacent property owners willingness to dedicate the 25 feet of right-of-way, Staff is recommending that prior to Council review, a petition signed by the proponent and adjacent property owner be submitted for a feasibility study for the construction of this road. If the adjacent property owner is unwilling to sign the petition, Staff would suggest that either the proponent acquire the additional 25 feet of property from the adjacent land owner or that the proponent delay the development of Lots 2-5 until the adjacent property is ready for development. Grading Elevations on this site range from a high point of 878 within the center portion of the site along the eastern property line to a low point of 862 in both the northwest and southwest corners. The proposed grading plan shows a cut of six feet occuring along the eastern property line and a fill of up to eight feet occuring along the southern property line and the wooded area. Because the southern portion of this site is a heavily wooded area and the majority of fill is occuring in these locations, Staff is recommending that the proponent conduct a tree inventory of all trees larger than 12 caliper inches in size within any proposed grading limits and housepad locations to a distance 25 feet deep beyond. This tree inventory is necessary to evaluate building pad locations and grading. Those trees which are being removed as part of the development of this project shall be replaced on a caliper inch per caliper inch basis. The tree inventory shall be submitted prior to City Council for Staff's evaluation. Utilities Water and sanitary sewer services are available to this site. Utilities in this area include an eight-inch water line and an eight-inch sanitary sewer located within the Bennett Place right-of-way. Extensions of the service will be continued with the upgrading of Bennett Place to the south, to the east along Blossom Road and to the south along the proposed street. No storm sewer system has been designed for this project; however, an overall storm sewer system design shall be included as part of the feasibility study for the construction of the proposed roadway, Bennett Place, and Blossom Road. g 5 0 J & L Subdivision 3 August 22, 1986 STAFF RECOMMENDATIONS Staff would- recommend approval of the request for Zoning Dist r i c t C h a n g e o f 600rOximately 3.09 acres from R1-22 to R1-13.5, and Prelim i n a r y P l a t o f approximately :3.09 acres into seven lots and road right-of-way, based on plans d a t e d August 5, 1986, and subject to the recommendations Of the Staff Repo r t d a t e d A u g u s t 22, 1986, and subject to the following conditions: • Prior to Council review, proponent shall: A. Submit a tree -inventory which includes all trees of twelve caliper inches or greater located on-site which are within the construction limits or to a point 25 feet beyond the construction limits Of the - proposed project. Those trees lost due to construction shall be replaced on a caliper inch per caliper inch: basis. In cooperation with the Prairie Lutheran Church, submit a petition: for a feasibility Study for the upgrading of Blossom :Road And the proposed street along the eastern property line. The petition jor: : the construction of the propOSed . street will require the adjacent property owners signature. Prior to Final Plat, proponent shall: A. Submit detailed storm water run-off, erosion control and utility plans for review by the City Engineer. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. • Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. 4. Prior to Grading permit issuance, proponent shall: A. Notify the City and Watershed District at least 48 hours in advanc e of grading. Stake all grading limits with a snow fence. Any tree s lost outside the limits shall be replaced on an area inch per ar e a inch basis. ro• KS. EDEN *1' 1.77) 1 US) I 51 4. • • \.3 ;:.• ATTACHMENT A MEADE LANE ROAD EXTENSION 236X MINUTES EDEN PRAIRIE PLANNING COMMISSION Monday, August 25, 1986 School Board Meeting Room 7:30 p.m. MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: Acting Chairman Robert Hallett, Rich Anderson, Julianne Bye, Virginia Gartner, Charles Ruebling Chairman Ed Schuck, Christine Dodge Michael D. Franzen, Senior Planner; Donald Uram, Assistant Planner; Kate Karnas, Administrative Assistant Pledge of Allegiance--Roll Call I. APPROVAL OF AGENDA MOTION: Motion was made by Gartner, seconded by Anderson, to adopt the agenda as printed. Motion carried--5-0-0 II. MEMBERS REPORTS None. III. MINUTES MOTION: Motion was made by Gartner, seconded by Bye, to approve the minutes of the August 11, 1986, Planning Commission meeting as printed. Motion carried--5-0-0 IV. DEVELOPMENT PROPOSALS A. J & L SUBDIVISION, by Frank R. Cardarelle. Request for Zoning District Change from R1-22 to R1-13.5 on approximately three acres with Preliminary Plat of approximately three acres into seven single family lots. Location: Southeast quadrant of Blossom Road and Bennett Place. A public hearing. Mr. Frank Cardarelle, representing the developer, reviewed the proposed platting of the property with the Commission. He noted that the property had been platted originally in 1910. Mr. Cardarelle stated that the developer would be petitioning for the public improvements to the property. a354 Planning Commission Minutes 2 August 22, 1986 He stated that they had been ,working with the property owner to the east coordinate efforts for development of the land. Planner Uram reviewed the findings and recommendations of the Staff Report dated August 22, 1986; 'regarding the project. In addition to standard requirements regarding: grading, utilities -, erosion control, streets; and park dedication, other specific concerns about the project : were raised by the Staff review. The report Also identified concerns regarding tree replacement for those trees:located outside of the construction limits which May be damaged, and the:, need for cooperation with the Prairie Lutheran Church with respect to a',petition for a feasibility5tudyjor the upgrading of Blossom Road and the proposed street Along the eastern Iropertyline. Acting Chairman Hallett asked the proponent if they-Would:be:Able to comply: with the recommendations of the Staff Report. Mr. Cardarelle responded .that the tree inventorywOuldnot be possible until SUch time asthe Mortgage was cleared, but the inventory WOul&be cdmOleted for Staff review. Ruebling asked about connection of the neighborhoods in this area. Planner Uram explained how the neighborhoods Would 'connect by -streets and with the idea of providing adequate alternative access points for emergency vehicles. Acting Chairman Hallett asked for comments and questions frowmembert of the audience. There were none. MOTION 1: Motion was made by Gartner, seconded by Bye, to close the public hearing. Motion carried--5-0-0 MOTION 2: Motion was made by Gartner, seconded by Bye, to recommend to the City Council approval of the request of Frank Cardarelle for Zoning District Change from R1-22 to R1-13.5 and Preliminary Plat of approximately three acres into seven single family lots, known as the J & L Subdivision, based on plans dated August 5, 1986, subject to the recommendations of the Staff Report dated August 22, 1986. Motion carried--5-0-0 John 0. Frane, City CTif-k CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-241 A RESOLUTION APPROVING THE RYAN/WILSON LEARNING PLANNED UNIT DEVELOPMENT CONCEPT N1ENDMENT TO THE OVERALL WILSON RIDGE PLANNED UNIT DEVELOPMENT WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) of certain areas located within the City; and, WHEREAS, the Ryan/Wilson Learning development is considered a proper amendment to the overall Wilson Ridge Planned Unit Development Concept; end, WHEREAS, the City Planning Commission did cOnduct a public hearing on the request of Ryan Construction for PUD Concept Amendment approval to the overall. Wilson Ridge Planned Unit Development Concept for the Ryan/WilsOn Learning development and recommended approval of the PUD Concept Amendment to the City Council; and, . WHEREAS, the City Council did consider the reqUest_on Septeffber 16, 1986; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The Ryan/Wilson Learning development PUD Concept Amendment, being in Hennepin County, Minnesota, and legally described as outlined in Exhibit A, is attached.hereto and made a part hereof. 2. That the City Council does grant PUD Concept Amendment approval to the overall Wilson Ridge Planned Unit Development Concept as outlined in the application materials for Ryan/Wilson Learning. 3. That the PUD Concept Amendment meets the recomnendations of the Planning Commission dated September 8, 1986. 1986. ADOPTED by the City Council of Eden Prairie this 16th day of September, Gary D. Peterson, Mayor ATTEST: CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #86-242 RESOLUTION APPROVING THE PRELIMINARY PLAT OF WILSON LEARNING FOR RYAN CONSTRUCTION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the-preliminary plat of Wilson Learning for Ryan Construction, dated August 1986, consisting of 17.19 acres into two lots for construction of a nine-story office_bUilding, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 16th day of September, 1986. -Gary D:—Peterson,--Meyor ATTEST: John D. Frane, City Clerk .Q.Vo gyAN coLstruction company INCOAPORATCO September 11, 1986 The Honorable Gary Peterson AND Members of the City Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 RE: Wilson Ridge Second Addition Dear Mayor Peterson and City Council Members: On Monday, September 8, 1986, Ryan Construction Company appeared before the Planning Commission of Eden Prairie for the purpose of requesting all necessary approvals for the development of a 201,000 square foot nine story office building which will act as the International Headquarters for Wilson Learning Corporation. At that meeting, Ryan agreed to the following staff and planning commission recommendations and the planning commission thereby unanimously approved the project with the following stipulations: 1) Ryan agrees with and shall adhere to the trip generation conclusions arrived at in the BRW Traffic Study commissioned by the City in 1985. 2) Based on the BRW Traffic Study, the Wilson Learning building will generate sufficient "trips" so as to absorb the majority of "trips" allocated to Lots 1 and 2 of Wilson Ridge. 3) This results in having enough remaining trips to build an office building of approximately 20,000 square feet. 4) Ryan agrees with the planning commission re- commendation to restrict the development density in Lot 2, Block 1 of Wilson Ridge to approxi- mately 20,000 square feet of office area so as to conform with the "trip" generation allocated in the BRW Study. 5) The restriction will be set forth in a developer's agreement, executed by Ryan and recorded on the property to serve as a "deed restriction" on the land. 700 INTERNATIONAL CENTRE, 900 SECOND AVENUE SOUTH, MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 612/339-9847 2356 September 11, 1986 Page 2 Ryan Construction, staff, the Planning Commission and City Council, are all concerned with the traffic in this quadrant. As a result, Ryan is willing to comply with the 8RW traffic study of 1985 as it relates to T.A.Z. #18 otherwise known as Wilson Ridge, a 60 plus acre PUD. We look forward to developing the prestigious headquarters of Wilson Learning in the City of Eden Prairie. Thank you in advance for the opportunity. If you have any questions, please give me a call. Sincerely, RYAN CONSTRUCTION COMPANY 1% • A Wiliia&AJ. McHale Vice President WJM/sdm WJM4:PETERSON cc: Chris Enger arVITIggime fir Companies 11095 Viking Dive, Suite 260 • Eden Prairie, MN 55344 • (612) 944-1000 Minneapolis Division September 8, 1986 Mr. Chris Enger City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 RE: Wilson Ridge Second Addition Dear Chris: As you will recall the approval of the S.W.C. master plan was an involved process. I want to make sure that the Ryan development is being reviewed with the same guidelines used in our development. I have reviewed the staff report for the Wilson Ridge Second Addition with specific emphasis on how the project will impact Southwest Crossings, and how the constraints imposed by the City for this planned development relates to the Southwest Crossings Planned Development. A comparison of the two is fairly easy to establish. First, Vantage initially submitted to the City in February of 1985 a master plan which included 1,922,494 square feet of space. From this 1,899,000 square feet were identified as being office and included a 450 room hotel at 700 square feet per room. After the preliminary traffic study was completed by BRW, it became apparent to Vantage that the City would not approve the 1,922,494 proposed development and voluntarily reduced the total square footage to 1,626,000 square feet. This represented a net reduction of 17% from the February, 1985 plan. The traffic study which was completed by BRW in May, 1985 assumed 1,899,000 square feet of office space and 450 room hotel in generating a total PM peak trips of 3,601 trips. The revised plan which was submitted to the City assumed 1,626,000 square feet and generated 2,813 PM peak hour trips. This reduction approximates 28%. As you may recall, the City further reduced Vantage's overall development to 1.5 million square feet on the assumption that the 20% reduction called for in the traffic study referred to land versus trips. It is safe to assume that Vantage's overall reduction in traffic from what the study originally anticipated is approximately 30%. The master plan that the City is using for Vantage is the 1,500 square foot of space. The Ryan project originally had 376,000 square feet of office space and 89,000 square feet of warehouse space in the study. This generated a total of 666 PM peak hour trips. The original plan Ryan submitted to the City for Wilson Ridge had 457,743 square feet. BRW's 1985 traffic study used 465,000 square feet and the new proposed developpent, which Ryan is attempting to amend, f`tsenrroarr4.1 Masi Fetirs••• Irhoottnee WWI nounIrovare • If you have any questions, please give me a tall. Sincerely, VANTAGE PROPERWS, INC. Matthew N. Nicoll Executive Vice President Minneapolis Division would have 489,680 square feet. From Vantage's standpoint, the 465,000 square feet identified in the 1985 study should be reduced by 20% to a level of 372,000 square feet of developable space. Treatment other than this would not be consistent and would trigger a revision of the S.W.C. master plan. The computer depot building on Lot 2, which is existing today, has been represented to have a total of 76,000 square feet. The City has indicated an office building will have 209,000 square feet. This total of 285,000squire, feet means they would have only 87,000 square feet of building left for the - five outlets. It summary, in order for the Ryan development to be consistent with S.W.C. net reduction of 20% the reduction should .be_on:the gross building area Versus strictly , traffic reduction. I will be a veoi -*tspoken opponent, to the project if it is not reduced to at least this level. I also notice in the staff report that Ryan is indicatingAhat use on certain_ • parts of the building is much lets intense :in terms .-of parking -requirements and traffic generation than much, office space :-Thit;mightbelheiCAse with Wilson but:the-City needs to protect itself againstainore , Intente:.:Pse,ln the future If Wilson is not the tenant anctthisspace is leased as general purpose office.' MNN:pc 3(00 A-REA LOCATION.IVIAPL 0q34t STAFF REPORT Planning Commission Michael D. Franzen, Senior Planner Chris Enger, Director of Planning August 22, 1986 Wilson Ridge 2nd Addition Southwest quadrant of the intersection of Flying Cloud Drive and Valley View Road. Ryan Construction Wilson Learning 1. Planned Unit Development Concept Amendment on 60.85 acres. 2. Planned Unit Development District Review and Zoning District Amendment within the Office zoning district on 17.19 acres. 3. Preliminary Plat of 17.19 acres into two lots. TO: FROM: TFOUGH: DATE: PROJECT: LOCATION: APPLICANT: FEE OWNER: REQUEST: Background This site is guided and zoned Office according to a specific site plan approved by the City Council in 1984. This site is part of a 60- acre Wilson Ridge mixed use office/industrial park approved in 1984 also. The 1984 site plan depicted a five-story, 200,000 square foot, brick and glass, office building, of which 146,800 square feet was office and 54,000 square feet was warehouse/studio. A major oak tree stand was to be preserved in the southwest corner of the site. The site plan depicts the sub- division of 17.19 acres into two lots. Proposed Lot 1 is for the Wilson Learning Building with Lot 2 for future development. A nine- story, 209,000 square foot office building is proposed at a 0.5 Floor Area Ratio (FAR) on roughly one-half Wilson Ridge 2nd Addition 2 August 22, 1986 of the site. The proponent anticipates dividing the site and developing the northeast parcel at some time in the future. Any development on the northern future parcel would be square footage above the PUD approval. Building and parking areas meet minimum setback requirements. A total of 1,045 parking spaces are provided on- site per Ordinance at a ratio of five spaces per 1,000. Actual parking spaces constructed would be 850 (four spaces per 1,000) with 195 proof-of-parking spaces. The City is currently processing a Code amendment which would reduce the parking requirements to 4/1000 for a building of this size. Access to this site is from Valley View Road and Flying Cloud Drive. The entrance on Valley View Road utilizes an existing curb cut and is opposite the entrance into the Lake View Business Center to the south. The entrance on Flying Cloud Drive may be a sight vision distance problem because of the location of the entrance below the crest of the hill. The proponent will need to provide both horizontal and vertical road profiles for a 35 mile per hour design speed. Architecture The nine-story office building is proposed to be constructed of 60% concrete panel and 40% glass. The proponents have indicated that the precast panel will have an aggregate texture but have not selected a specific type or color at this time. Since this a keystone site in the Major Center Area (MCA), the building materials should be of the highest quality. With colors and aggregate sizes varying so widely without actual material samples it is not possible to determine whether or not the precast would conform to City Code. Mechanical equipment is proposed to be completely contained in the building. Grading Overall site grading is minimal in terms of cut and fill. There will be a re- shaping of the knoll adjacent to the parking structure. Grading adjacent to the building encroaches into the preservation area and approximately 400 caliper inches of oak trees are expected to be lost due to construction and grading. Landscaping The landscape ordinance requires caliper inches based on the size of the building, screening of parking and loading areas, and planting islands to break up hard surface parking areas. The caliper inch requirement for this building is 653 inches. A total of 587 inches are proposed. A total of 400 caliper inches of oak trees will be lost due to grading and construction. The plan should be revised to show an additional 466 caliper inches. The conifers proposed adjacent to the loading areas off Valley View Road must be increased in quantity and in height to better screen the loading areas. Planting islands should be added in the parking area to meet the minimum 5% Code requirement. As a condition of the 1984 PUD approval, the developer (Welsh and Wilson Learning) was to implement a reforestation plan on the 2:1 slopes east of the Computer Depot site and Flying Cloud Drive. This has not been completed yet and should be completed prior to any further development of the PUD. Utilities Schematic plans show connections to existing sewer, water, and storm sewer in Flying Cloud Drive and Valley View Road. Detailed plans must be submitted to the Watershed District and the City Engineer prior to final plat approval. t) --: Wilson Ridge 2nd Addition 3 August 22, 1986 41 Traffic This site is in Traffic Assignment Zone (TAZ) 18 of the 4-1-85 BRW Traffic Study of the Major Center Area as shown on Attachment A. This overall traffic study was commissioned by the City to provide a framework for review of traffic generated by each proposed project and how it would impact the total projected traffic system for the area at full development. The BRW study shows that at full development of the MCA, the road system (even with all reasonable improvements made) will be 20% over full capacity. With this information, we are able to review all proposals and determine what changes can be made to them to assure that the future road system will operate. Following are comparisons of past and current traffic forecasts: 1. The 3-09-84 traffic study by Benshoof and Associates submitted with the 1984 Planned Unit Development, forecasted 615.76 p.m. trips. 2. The 4-1-85 BRW traffic study assigned 663.47 p.m. trips to the Wilson Ridge Business Campus. 3. The current p.m. peak hour forecast (8-19-86 by Staff) is for 699.93 trips. The Staff forecast is 5% higher than the BRW forecast, and 12% higher than the Benshoof traffic study. This can be attributed to 9,030 square feet more building on the Wilson Learning site than the approved plan and a conversion of 54,000 square feet of warehouse/studio to office. The traffic projection for this site alone is 33% higher than the approved PUD. The Computer Depot and Digigraphic sites traffic generation is consistent with the 1984 study. The important point to note about traffic is that the BRW report indicates that even with road improvements as recommended, all intersections within the study area would be at 20% over capacity. A 20% reduction of the BRW forecast of 663.47 trips would be 535 trips which would be the maximum allowable for the 60-acre PhD. The proponent's traffic analysis suggest a p.m. peak hour trip generation for the Wilson Learning PhD of 600 trips which is fewer than the current Staff projection of 699.93 trips. The proponent's p.m. peak hour trip generation of 600 trips is based on the following assumptions: 1. The proponent contends that the actual building square footage is 184,340 square feet, since there is a large atrium space which is not occupied by office and therefore not generating traffic. 2. The p.m. peak hour traffic for the Wilson Learning building is different than the typical office building. 3. The second floor of the Wilson Learning building contains 19,340 square feet of classroom which has a lower trip generation rate than office. 4. The Wilson Learning building will contain a cafeteria which will help reduce the number of trips. Even if the assumptions are considered to be valid proponents, the p.m. peak hour traffic (600 trips) generated by the total Wilson Learning PhD (60 acres) is still Wilson Ridge 2nd Addition 4 August 22, 1986 111 65 p.m. trips or 12% higher than the BRW traffic study rec o m m e n d e d a s a m a x i m u m allowable p.m. peak hour traffic of 535 trips. Conclusions The main issues, as identified in the Staff Report, are: 1. Landscaping - the landscaping issues can be resolved by ad d i n g 4 6 6 c a l i p e r inches. 2. Exterior materials - the building issues can be resolved pend i n g t h e r e v i e w of actual building samples. 3. Traffic - the traffic situation does not have an apparent s o l u t i o n a t t h i s time. The Staff forecasted p.m. peak hour traffic of 699.9 3 t r i p s w h i c h i s 23% over the capacity of the intersections. This means tha t t h e p . m . p e a k hour traffic must be reduced by 164.93 trips to meet the r e c o m m e n d e d 5 3 5 p.m. peak hour level as identified in the BRW study. Add i t i o n a l t r a f f i c analysis is necessary to provide more concrete recommendati o n s f o r r e d u c i n g the p.m. peak hour traffic to 535 trips. Since Wilson Lear n i n g i s l e a s i n g from Ryan, the assumptions, identified by the proponent, m a y n o t b e v a l i d since Wilson Learning is not a permanent tenant. Therefore , t h e n u m b e r o f trips, as determined by Staff, may be more realistic. A 2 3 % r e d u c t i o n i n p.m. peak hour traffic may be possible either through less b u i l d i n g s q u a r e footage, a different land use mixture, or providing undev e l o p e d p r o p e r t y within the Wilson Ridge Business Campus as a set aside. STAFF RECOMMENDATIONS The following options are presented for Commission considerat i o n : 1. The Commission may choose to recommend denial of the p r o j e c t s i n c e a solution to the traffic problem is not apparent at this time. 2. The Commission may choose to recommend approval of the proje c t b a s e d o n b u t not limited to the following: A. Submittal of additional traffic information which recommends solutions to reduce the p.m. peak hour traffic for the 60 - a c r e Wilson Ridge PUD to 535 trips. B. Since the traffic projections and the building square foota g e a r e i n excess of the approved pun, no approval should be granted to the subdivision of the site into two parcels. The undeveloped l a n d a r e a outside that needed for building and parking should be rezo n e d f r o m office to rural. C. Submittal of a revised landscape plan with 466 additional c a l i p e r inches with more and larger conifers included to better s c r e e n loading areas from Valley View Road. The reforestation plan f o r t h e 2:1 slope east of Flying Cloud Drive to be completed prio r t o a n y development on this site. D. Submittal of exterior building materials for review. E. Submittal of site line information on Flying Cloud Drive bas e d o n a 35 mile per hour design speed. ,"•\ FIGURE 1 TRAFFIC ANALYSIS ZONES — S FURY AREA CORDON -- TA BOUNDARY EXTEBNAL StAlION PRAIRIE CENTER DRIVE/ #,"•\ COUNTY ROAD 18 AREA TRANSPORTATION PLAN /.4n\ ersika .21 id-11 9.7 " t:::::::: 711 , • '..14 / ' le I //r----'."---':-:=7rir,,--- 3, % 36 ) i 3S/ it-.5-=--;--...%,,,, ''/17 X ‘ . 39 PI 11 ( -- ----7-!: ------'nC `-„„i' . `,, ‘1111.- ....*-___-.7_,ALL-11. . ---- .' . 44 '."..\ ''C 1 -1,,,,-_-- 31 I 43 .....-ZZ3Z----- 7::".n."1 11 . -- -- r17="--":Z'''''' ) '-/ \ Sa;n.:"' 2.9 X - -40.1/ X n '''''s, 32 - .....' Ai \ /A, - .. '.... _..4 a"-..")! • 24 ic) ' ( \ !, \c-,-;-----' 23 \ e:77...- -.. _ S 144.--.1-:n::-'---r -1 - _1,-- _,--5=\c---1 r=") k--C 1 ; 2i,'": ,_ .0 • I; A-1---I-az-hrnen-1- Awl Awe *la AIM Aid 4101 Aso Oa 16111 4.1 lot Oil MI 11111 46111 gill 011 0 4MC 11111 .ANNING & ENGINEERING COMPANY MEMORANDUM eiRmicsag= TO: William J. McHale Ryan Construction Company RE: Wilson Ridge FROM: Richard L. Roppy DATE: August 20, 1986 Del* As a result of our discussions I have prepared additional comments regarding the traffic issue. I have had conversations with Dave Warner of B.R.W. and Mike Franzen of the City of Eden Prairie. For their information copies of this memorandum have been transmitted to their offices. INTRODUCTION The City is requesting additional information regarding the Wilson Ridge site on the subject of traffic generation. The focus of their concern is that the Wilson Ridge development area, with the Wilson Learning Center proposal, will exceed the traffic projections that were originally planned for the site based on the December, 1983 Wilson Ridge Business Campus submittal. They are not convinced that a lower traffic generation rate is appropriate for the evaluation of the Wilson Learning Center office building and prefer the generation rates used in the April, 1985 B.R.W. Traffic Study. The purpose of this report is to offer additional data lending support to the development proposal on the issue of traffic. B.R.W. TRAFFIC STUDY In April of 1985 the Prairie Center Drive/County Road 18 Traffic Study was prepared by B.R.W. for the City of Eden Prairie. The purpose of the study was to forecast traffic volumes to the year 2000 and identify potential capacity deficiencies in the roadway system. Land use assumptions as a basis for the study included the anticipated ultimate development for the area as allowed under the Comprehensive Guide Plan. Traffic forecasting using a computerized model was performed. The study area was divided into 56 Traffic Analysis Zones (TAZ). The Wilson Ridge plat was included as TAZ #18. Based upon traffic generation rates from the Institute of Transportation Engineers (ITE) and land use assumptions directed by the City a volume of traffic from TAZ #18 was forecasted. This is shown on the bottom of Table I (see attachment). B.R.W. concluded in their study that if the study area developed as forecasted, capacity deficiencies would occur at numerous intersections in the study area. A twenty percent overall reduction in peak -hour trip generation allows the network to operate acceptably. The consultant's suggestion was to reduce peak hour trips in the area by 20% from anticipated development by focussing on increased ride sharing, transit use, variable work hours, and land-use management. /AIR WAYZATA BOULEVARD. MINNEAPOL1S. MINNESOTA 354211 III12) WOMB a7a, WILSON RIDGE DEVELOPMENT ANALYSIS The B.R.W. study was based on ultimate land u s e . A s a c t u a l d e v e l o p m e n t progresses in the area the traffic forecasti n g b e c o m e s m o r e f i n i t e a n d i n t u n e with actual plans. Table I indicates the exi s t i n g o r p r o j e c t e d d e v e l o p m e n t i n the Wilson Ridge development area as of Augu s t , 1 9 8 6 . T h e t r a f f i c g e n e r a t i o n rates are identical to those in the B.R.W. T r a f f i c S t u d y . T h e s i t e definitions correspond to that shown on Fig u r e 1 . T h e C i t y P l a n n i n g S t a f f confirmed the gross floor area construction o r p r o j e c t i o n e s t i m a t e s f o r e a c h of the lots. Lot 01 is, more specifically, the Wilson Lea r n i n g C e n t e r s i t e . B u i l d i n g a r e a is expected to include 203,680 square feet o f f l o o r a r e a . N o t e w o r t h y i s t h e use of the second floor of the building. A c l a s s r o o m d o m i n a t e s t h e u s e o f t h e entire second floor, an area equal to 19,340 s q u a r e f e e t . I n c l u d e d i n t h e table are standard office building traffic ge n e r a t i o n r a t e s f o r 1 8 4 , 3 4 0 s q u a r e feet of the building and an estimated generat i o n r a t e f o r t h e s e c o n d f l o o r space. A generation rate of 6.0 trip units p e r 1 , 0 0 0 C . P . A . f o r d a i l y estimated traffic and 0.07 trip units expres s e d a s a f r a c t i o n o f t h e d a i l y traffic are suggested. Interviews with Wilso n L e a r n i n g C e n t e r s t a f f i n d i c a t e that most of the students are bussed to the s i t e d u r i n g o f f - p e a k h o u r s . Lot 01, 02 and Outlot E have existing or prop o s e d d e v e l o p m e n t s t h a t c a n b e accurately evaluated relative to traffic pro j e c t i o n s . O u t l o t A , B , C a n d D have been forecasted based on discussions wi t h t h e C i t y s t a f f . T h e s u m a t i o n peak hour generation in Table I yields 600 tr i p e n d s . T h i s i s a p p r o x i m a t e l y 10% lower than the projections contained in t h e B . R . W . T r a f f i c S t u d y . However, when the 20% traffic reduction facto r i s a p p l i e d t h e t r a f f i c v o l u m e s are approximately 10% high. Table II indicates the original traffic volum e s t h a t w e r e p r o j e c t e d f r o m t h e Wilson Ridge Business Campus development plan s u b m i t t e d i n D e c e m b e r , 1 9 8 3 . Figure 2 delineates graphically the site desc r i p t i o n s . B o t t o m l i n e a n a l y s i s demonstrates compliance with the B.R.W. traff i c f o r e c a s t b u d g e t f o r T A Z 0 1 8 . The 1986 Wilson Learning Center proposal base d o n t h e s a m e t r a f f i c g e n e r a t i o n rates is approximately 10% higher. TRAFFIC MANAGEMENT With respect to the management of traffic from t h e W i l s o n L e a r n i n g C e n t e r s i t e a 5% reduction in traffic generation during th e p e a k h o u r h a s b e e n d i s c u s s e d based on the second floor classroom plan. I n o r d e r t o m e e t t h e T A Z # 1 8 traffic forecase budget an additional 10% re d u c t i o n s h o u l d b e d e m o n s t r a t e d . Two additional items must be considered when r e v i e w i n g t r a f f i c g e n e r a t i o n from the Wilson Center site. 1. Generation rates of 12.3 trips per 1,000 G . F . A . a n d 1 4 % o f t h e d a i l y traffic volume for peak hour flow were used i n t h e B . R . W . T r a f f i c S t u d y for office building traffic forecasting. Thes e r a t e s a r e b a s e d o n average traffic conditions. Lower generation r a t e s f o r t h e W i l s o n Learning Center office building are appropri a t e b e c a u s e o f t w o i t e m s . First, the majority of the Wilson Learning C e n t e r s t a f f i s p r o f e s s i o n a l and have a form of variable work hours in practice. The peak hour flow to and from the office building is spread over a l o n g e r t i m e f r a m e . Assuming 102 of the generation occurs in the peak hour rather than 14% 2 3a is a reduction of approximately 90 vehicle trips . T h i s W o u l d r e s u l t i n a peak hour flow ratiefor TAB #18 less than-the B . R . W . 2 0 Z :reduction traffic number. SecondIy,..a restaurant for -employees is included in the office building. On the average, fewer dai l y t r i p ; W i l l : O c c u r f r o m the site. It is diffieultto predict the differ e n c e , h o w e v e r , : t h e range of reduction is estimated at 200 to 450 -trip ends per: day. - 2. The Wilson Ridge Site will have approxima t e l y t w o t h i r d s o t h e - projected development complete upon the constr u c t i o n o f t h e i l s o n Learning Center. Therefore, land—useaAnageMen t Control: is available on at least one third of the Wilson Ridge site ' M o n i t o r i n g o f t r a f f i c is recommended to lecertain'themerits surroundi n g t h e d i s c u s s i o n o f traffic generation fro“AZ 418. :Plans for the f u t u r e d e v e l o p m e n t o f the plat can accOmmodite 'operational problems i f t h e y b e c o m e e v i d e n t . If the City desires, a survey can be done of Wil s o n L e a r n i n g C e n t e r e m p l o y e e s concerning their travel habits. This informatio n s h o u l d c o n f i r m t h e discussion items contained in this report'. CONCLUSION It is evident that additional development ill the W i l s o n R i d g e C e n t e r m u s t b e . closely monitored. Based on-the traffic overview c o n t a i n e d i n t h i s r e p o r t , i t : is recommended that the proposed . density of development'on.the Wilson -Learning. Center site be approved. When the, building is p l a c e d i n t o o p e r a t i o n traffic- • should be monitored and methods employed to insur e t h e - p e a k h o u r . t r i p s a r e kept at as low a level as is possible. 89000 B.R.W. 1985 STUDY T.A.Z. #18 60.85 376000 20X REDUCTION 505? 4047 533 Trip ends Trip ends (Me: WI LSON . TRAFFI C SITE TABLE I [EXISTING OR PROJECTED GROSS FLOOR AREA BLDG.. SPACE] DAILY TRIP PM PEAK HP ' ACREAGE OFFICE WAREHOUSE "CLASSROOM "GENERATION GENERATION LOT #1. LOT #2 OUTLOT A OUTLOT 8 OUTLOT C OUTLOT D OUTLOT E, (IN ROAD TOTAL 18.64 184340 4.8 20000 3.1 6.39 40000 15 3.16 30000 5.4 35000 4.36 60.35 326340 144000 Acres G.F.A. G.F.A. 326 46 33 69 19340 4833 G.F.A. Trip ends Tr. 19340 2383 56000 519 17000 292 492 30000 515 41000 631 FUDGE BUTir CAMPUS Dovewpw: RYAN CONSTRUCTION CO AnsiWets WALSHr BISHOP ASSOC. ComaOne EnoIna : WEST WOOD PLANNING AND ENGINEEKNO D.I. Of &Avails': AUGUST 25,1966 "••••n nn••• ntisu••n 011!I CONCEPT AN 910n110 e TABLE II 1806 253' 512 58 699 79 0 631 69 492 89000 5059 666 4047 533 Trip ends Trip ends: Ki WILSON .TRAFFIC August 20, 1986 DECEMBER 23, 1983 SUBMITTAL SI T E P R O J E C T I O N [PROJECTED FLOOR AREA BLDG. SPACE] DAILY TRIP PM PEAK HR SITE ACREAGE OFFICE WAREHOUSE CLASSROOM GENERATION G E N E R A T I O N SITE #1 SITE #2 SITE #3 OUTLOT A -OUTLOT 8 OUTLOT c* OUTLOT 13 -;* MAIN ROAD TOTAL 18.64 14680 4.8 29813 6.26 40658 9.7 5.3 5.4 35000 6.39 40000 4.36 60.85 292271 Acres G.F.A. 54000 29814 40658 41000 165472 G.F.A. 0 G.F.A. 4139 527 1 Trip ends Trip ends 1 * Assumes the current and projec t e d d e v e l o p m e n t f o r t h e s e l o t s a s o f August, 1986 B.R.W. 1985 STUDY T.A.Z. #18 60.85 376000 20% REDUCTION SITE AREA iiLDG. COVERAGE DUNI GROSS AREA PARKING REQ. VARIANCES SITE 1 •to If. - la at Am. wow f. • w mama SW WNW - NW. W Wove" Ut • It OUTLOT PRE SEA VA SC - INON OF. we • NAN IP COIN. - Into W. OM • bal. •/. MN • MINGO SITE 2 w. tor CP. - • a* AMID IP/No BP. • IN POW 11.111 II. - Ns IOIM - otioti W. SC • 40114 11. - WON OP MIN - OW MOM WM *MON • W WO OWN PIN NONNI CV • NI Min WNW mg MINN% • Wel NNW W. wow., WW1, -iN 01001111, - II No 50 - WON OP_ • Ye CONNWP. • .0 COP Mo - - tom NNW it •NO WWI IP. • CO COP WO • 21. NOM • On OUTLOT A OUTIOT °into? c °MOT 13 MAAR ROAD WILSON RIDGE BUSINESS CAMPUS Develops, : Moon Rldoo Joint Von1", AtdOlocisTornors The 0991gn Por1rnrolip.1.14. &owner : Ron Know & Anocialos Conoulnne Enolnost : 0099133 &ode Eng9r0Ing Dow 0111:Ankial Doconew 33, 1983 Q.) ) COO ITE tenemencti mu_ 110.11“ ej-3 MEMORANDUM TO: Planning Commission FROM: Chris Enger, Director of Planning SUBJECT: Wilson Learning Center DATE: September 5, 1986 The Planning Commission reviewed the Wilson Learning development plans at their August 25, 1986, meeting. At that time, the Commission directed the developer to provide a traffic study illustrating reduction of PM peak hour trips to a level that was consistent with the overall traffic study prepared for the Major Center Area to allow intersections to operate at, or slightly below, capacity in the future. Staff met with the proponent and their traffic engineer on Friday morning, September 5, 1986, and reviewed preliminary findings of a traffic study that they had completed the day before. This traffic study, which the Planning Commission will receive in final form on Monday evening, should illustrate that the PM peak hour trips can be reduced from the original number of 326 for this site to 219. The way in which this traffic reduction was accomplished is based upon the following factors: 1) There are approximately 7,500 sq. ft. less gross floor area than originally planned. 2) Based upon a recent traffic count of the Wilson Learning headquarters currently in Eden Prairie, it was found that the trip generation rate per employee is 2.9 trips per employee, rather than the Institute of Traffic Engineering standard of 3.6. 3) The square footage of office space per employee is much higher in this type of building (340 sq. ft. per employee versus 235 sq. ft. per employee standard). 4) The efficiency of this office building, because of special design, is oriented toward a professional Class A office building, and it is 78% efficient compared with a higher efficiency rating normally utilized for traffic generation studies. If all these assumptions are correct and would remain valid even if Wilson terminated its lease, the proponent is able to gain about 20 trips for the remainder of the site beyond the reduction necessary according to the BRW study. The importance of these 20 trips is that they are based upon assumptions made at this time--the number may go up, or down, in the future. 20 trips would translate to office building space of approximately 20,000 sq. ft., if it were of the same type as the Wilson Learning building, or slightly less if it were a standard "spec" construction building. Ryan Construction will be the fee owner of this remnant lot and is anticipating ability to build an office of a size not yet determined in the future. They would 1 like to retain the Office zoning, but agree to be bound by a developer's agreement which would require a site plan review and a traffic study at the time of_ their future proposal that would conform to the 20% reduction of PM :peak hour- trips necessary in the overall Major Center Area. The concern in considering this approach is that a 20,000 sq. ft. building may not be economically :feasible, although the Planning Staff is not privy to the amount of square footage'necestary for a viable project on this remaining site. There could be considerable pressure to build a larger building in the future and we may simply be delaying a resolution of the problem. On Monday evening, the proponent will also be providing the sight line study from Flying Cloud Drive that will indicate adequate sight distance in both directions for •a 33 mile-per-hour speed. This design it adequate, but not generous for the .30 miles -per-hour speed limit on Flying Cloud Drive. The proponent has also agreed to provide additional information for. resolution of other details involving landscaping and grading prior to the City Council meeting of September 16th. FINDINGS AND RECOMMENDATIONS If •the Planning Commission feels that the proponent has provided adequate information upon which to base a decision regarding traffic and other issues, and if the Planning Commission is comfortable with leaving the Office zoning designation on the remnant parcel, with conditions, then the appropriate:action would be to recommend approval of the Wilson Learning request to the City Council. Planning Commission Minutes 2 August 22, 1986 B. WILSON LEARNING, by Ryan Construction Company of Minnesota, Inc. Request for Planned Unit Development Concept Amendment on 60.85 acres, Planned Unit Development District Review and Zoning District Amendment with variances within the Office zoning district on 17.19 acres, and Preliminary Plat of 17.19 acres into two lots for construction of a nine-story office building. Location: East of Highway #169, west of Valley View Road, south and west of Fly i n g Cloud Drive. A public hearing. Mr. Bill McHale, Ryan Construction, stated that the proponents had r e v i e w e d the recommendations of the Staff Report and that it was proponent' s o p i n i o n that all the matters of concern were resolvable. Mr. McHale no t e d t h a t ;Z3115- Planning Commission Minutes 3 August 22, 1986 traffic was the major issue to be dealt with for the project as proposed. He added that the proponent would work with the Staff to resolve the issues, and he stated that the proponent would not be asking for hearing before the City Council prior to resolution of the traffic issues with the City Staff. Mr. Wayne Bishop, architect for the proponent, reviewed the topography of the site, discussed the six-story atrium, and explained the two-level parking ramp, how it functioned, and how it was planned to be an integral part of the site and structure. Mr. Bishop stated that the mechanical equipment for the structure would be located on the rooftop and would be screened by the architecturally integral enclosure represented in the plans. He also reviewed the materials to be used for the exterior of the structure. Mr. Bishop stated that this would be the corporate headquarters for Wilson Learning. They would be occupying a large portion of the structure, with the intent of leasing out the remainder of the structure to office users. Mr. Bishop added that it would be the proponent's preference that the portion of the site not being used by Wilson Learning remain zoned Office, instead of down-zoning the lot to Rural as part of this proposal, as was recommended by the City Staff. Planner Franzen reviewed the findings and recommendations of the Staff Report of August 22, 1986, regarding the development proposal. In addition to standard requirements regarding grading, utilities, erosion control, streets, and park dedication, other specific concerns about the project were raised by the Staff's review. He stated that it had been detemined that this location represented a keystone site in the community when the development of the property was originally proposed several years ago. Planner Franzen stated that the most significant matter to be dealt with regarding this proposal was traffic. He noted that this had been an issue in this area of the community for several years and that other developments in the area had found it necessary to adjust their proposed uses in order to mitigate the traffic matter. He stated that the traffic study prepared for the City by BRW in 1984 had concluded that it would be necessary to reduce the number of average daily trips in this area by 20% overall. It was pointed out that this reduction would be necessary even after all improvements were installed at all intersections within this area. With respect to the proposed Wilson Learning development, Planner Franzen stated that there had been a change in the amount of traffic that would be generated from the site. While Wilson Learning's offices had been planned as a use on this property previously and that information had been included in the traffic study prepared by BRW, the current proposal was for a greater amount of office use and a lesser amount of warehouse use than originally proposed, thereby impacting the traffic figures. He stated that, based on the information provided by the proponents todate, the project would generate more traffic than the road system could adequately handle. Planner Franzen stated that the proponents had met with Staff just prior to the meeting and informed Staff that additional information was forthcoming regarding the traffic generation from the proposed development. For example, the atrium, which was six stories high, would not be used as office Planning Commission Minutes 4 August 22, 1986 space, and, therefore, the square footage of this portion of the structure could be eliminated from any trip generation figures. He pointed out that this had been done previously for the Southwest Crossing I structure. Planner Franzen stated that Staff would be willing to look at any such additional information from the developer, but that, based on the current information, the concerns regarding traffic remained. Mr. McHale reiterated that the proponent would not be requesting review by the Council until the City was comfortable with the traffic information presented for the development. He stated that he felt confident that the additional detailed information that would be provided would answer questions regarding traffic and indicate a significant reduction in the trip generation from the proposed development. Bye asked what the impact of removing the square footage for the atrium would do in terms of reduction to the number of trips generated from the proposed development. Planner Franzen stated that it would be approximately a five-to-ten percent reduction. Anderson asked about the proposed division of the property into two lots. Mr. McHale responded that lot proposed for the Wilson Learning Center headquarters was slightly larger than the lot proposed to be left undeveloped at this time. Anderson asked about the potential for traffic generation from the parcel that was not proposed for development at this time. Planner Franzen stated that there would be traffic generated from this site, but that the amount of traffic was currently unknown. He pointed out that the City would not be able to review any proposed use unless the developer was required to apply for a zoning district change for the property. Planner Franzen stated that certain uses, such as hotels, had much less impact on the PM peak hour traffic, than office uses, and that other uses may be appropriate for the undeveloped lot. Therefore, in order to assure the future review of this development and its potential for traffic generation, Staff had recommended that the lot proposed to be left undeveloped should be rezoned to Rural at this time, until a final use of the parcel could be reviewed by the City. Acting Chairman Hallett stated that he did not feel it would be appropriate to allow for an increase in the allowable trip generation for the site by recommending approval of a use which exceeded the recommended traffic generation rates of the BRW traffic study. He stated that he agreed with Staff regarding the recommendation to rezone the undeveloped parcel as Rural. Ruebling asked for explanation of the trip generation numbers provided by the proponent compared to trip generation numbers provided by the BRW study. Mr. McHale and Planner Franzen explained the assumptions used for the respective results. Mr. Bob Brown, Wilson Learning, stated that their consultants had discussed the actual uses within the structure with representatives of BRW. He stated that BRW had indicated to them that their assumptions regarding reduced trip generation may have merit, but that BRW wanted to have more exact numbers to work with prior to drawing any conclusions. .231"? Planning Commission Minutes 5 August 22, 1986 Mr. Brown added that Wilson Learning currently was the owner of other acreage within the Wilson Ridge Planned Unit Development, as well. The Commission discussed details of the traffic information with the proponents and Staff. It was pointed out that the entire second floor of the structure would be designated as classroom space, with the overwhelming majority of those occupying that space being bussed to the facility, thereby reducing the number of trips during the peak hour. It was also pointed out that the Wilson Learning employees were all on flexible work schedules, not the standard work hours, which also reduced the number of trips generated during peak hour traffic periods. In addition, approximately 25% of the employees for the company were considered "nation-wide" employees who spent the majority of their time travelling across the country, with perhaps a few days per month spent in the headquarters building. This, too, would reduce the trip generation for peak hour traffic. Proponents added that the majority of the employees involved in the company were professionals, therefore having "professional" sized offices which were generally larger than average office space. Because of this, less people per square foot occupied a building such as the one proposed, thereby reducing trip generation. Gartner asked what the proposed height of the structure was. Planner Franzen stated that it would be approximately 110 ft. He noted that the maximum height of structures allowed within the Office District was 30 ft.; however, it had been determined that this property was within the Major Center Area Planned Unit Developmment, which allowed for greater height of all structures. Gartner asked if the City required more open space around a structure if the height exceeded the maximum height allowed in the district. Planner Franzen stated that there was no such provision in the Code currently. Anderson stated that he felt the structure was attractive and that it fit the City's idea for being a "keystone" development on this property. Gartner stated that she concurred about the aesthetics of the proposed development. Bye stated that she was concerned about what exact materials would be used on the exterior of the structure, since samples of the aggregate material, windows, etc., were not available at the meeting. Proponents agreed that samples of the materials would be provided to the City prior to construction. Gartner stated that she felt sight lines from Highway #169 would be helpful in further review of the development proposal. She asked how tall the mature trees were on the property. Mr. McHale responded that they were approximately three, or four, stories high. Ruebling stated that he felt the architectural design of the building was outstanding and the type of structure which was appropriate for this keystone site in the community, and that it was important to keep good commercial residents in the community like Wilson Learning. He added that he was still concerned about traffic generation, however, and that he felt that the traffic issues needed to be satisfactorily addressed prior to ,;?37T Planning Commission Minutes 6 August 22, 1986 review by the City Council. He noted that the City needed to be concerned, also, about any future users of the structure if Wilson Learning decided to sell the building. Mr. McHale stated that Wilson Learning was planning to own the structure and occupy for many years to come. Ruebling asked how much time would be necessary for the proponents to complete the additional information requested. Mr. McHale stated that it would take approximately one, or two, weeks. Mr. Frank Smetana, 7680 Smetana Lane, asked about specific location of t h e site with respect to his own property. Mr. McHale reviewed the locati o n with Mr. Smetana. Mr. Smetana asked if the hill would be removed, or grad e d in any way. Mr. McHale responded that it would be regraded for purposes of reshaping the hill, with approximately four feet being removed from the t o p of the hill. Mr. Smetana stated that there were difficulties with soot filtering into h i s home during the construction of another building in this area and he ask e d that necessary precautions be taken to avoid that occurence during t h e construction of the Wilson Learning structure. Ms. Marilyn Heath, 7665 Smetana Lane, stated that she was against t h e project if it meant that the citizens of Eden Prairie would be payin g greater taxes. She asked if the City would be liable if the same type o f polluting soot resulted from the construction of this structure. Acti n g Chairman Hallett stated that she would have to discuss that with a n attorney. Mr. Pat Ryan, Ryan Construction, stated that they would be using a pre-cas t panel, manufactured in another location, not at the site near the homes o r Smetana Lane, and that all the materials would be reviewed by the Buildin c Department prior to use on the property. Mrs. Pat Kosteka, 10805 Valley View Road, stated that she felt it w w unrealistic to assume that this area would not develop. She added that sh E felt the proponents were presenting a high-quality building and stated that she felt it would be an asset to the community. Mrs. Kosteka stated that her major concern was that of traffic. Acting Chairman Hallett stated that he felt Staff should review the City': policies regarding the amount of open space for a structure in relation tc the height of the structure. He suggested that other communities also bE surveyed as to how they handled such issues. Acting Chairman Hallett stated that he felt it would be appropriate for th( Commission to direct the Staff to publish this item for the next C i t : Council meeting, but that he also felt that the traffic issues should ag a i ! be reviewed by the Planning Commission prior to review by the Council. Commissioners Bye, Gartner, and Ruebling indicated their preference for th , item to return to the Planning Commission within two weeks for review of t h . traffic information prior to Council review. 3-79 Planning Commission Minutes 7 August 22, 1986 VI. Acting Chairman Hallett asked proponents if it would be possible t o h a v e t h e information to Staff in time for review for the next Planning . C o m m i s t i o n meeting, two weeks away. Mr. Ryan responded that he felt that t h e m a j o r i t y of the information would be available within one week, or so, but a d d e d t h a t the more detailed traffic information would be dependent upon t h e s c h e d u l e of BRW, traffic consultants. Acting Chairman Hallett state d t h a t t h e traffic information was key to the review of the development a n d t h a t h e felt it was necessary prior to the CoMmission making a recommendat i o n t o t h e City Council. Mr. McHale reiterated his earlier statement that the proponents w o u l d n o t ask to be forwarded to the City Council until the traffic , issues had been mitigated. He added that he was confident that the adjustments : t o -the trip generation numbers discussed earlier in the evening would show t h a t t h e u s e would work on the property as proposed. MOTION: Motion was made by Gartner, seconded by Bye, to continue the i t e m t o t h e September 8, 1986, Planning Commission meeting pending receipt o f a d d i t i o n a l traffic and other information discussed at this meeting and i n t h e S t a f f Report of August 22, 1986. Acting Motion carried--5-0-0 V. OLD BUSINESS None. NEW BUSINESS None. VII. PLANNER'S REPORT None. VIII. ADJOURNMENT MOTION TO ADJOURN was made by Gartner, seconded by Anderso n . Chairman Hallett adjourned the meeting at 8:45 p.m. 2,3 e0 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-250 VACATION OF UTILITY EASEMENTS ON The North 10 Acres of the NE Quarter of The SE Quarter of Section 1, 1116, R22 Except For That Part of County Road No. 18 Right-of-Way WHEREAS, the City of Eden Prairie has certain utility easements described as follows: A permanent easement for the installation and maintenance of said sanitary sewer main 20 feet in width (10 feet on each side of the center line) which is hereinafter described: Beginning at a point 200.5 feet West and 964.3 feet North of the Southeast corner of the Northeast quarter (NE 1/4) of the southeast quarter (SE 1/4) of Section 1, 1116, R22; thence West 200 feet: thence north 86 00' West 294.0 feet; thence North 0 30' West 216 feet; thence North 63 30' West 372 feet; thence North 740 feet to a point in the Southerly right of way line of State Trunk Highway No. 169/212, which point is 162 feet Northeasterly of the intersection of said Southerly right-of-way line and the West line of said Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4). And A permanent easement for the installation and maintenance of said sanitary sewer main 20 feet in width (10 feet on each side of the center line) which is hereinafter described: Beginning at a point 245.5 feet West and 957.3 feet North of the Southeast corner of the Northeast quarter (NE 1/4) of the Southeast quarter (SE 1/4) of Section 1, 1116, R22; thence West 198.1 feet; thence North 86 00' West 250.8 feet; thence due West 417.0 feet on a line 10 feet North of and parallel to the North line of Claredon Park; thence due North at right angles to the last described line to the East-West Center section line of Section 1, T 116, R22, and there terminating. WHEREAS, a public hearing was held on September 16, 1986, after due notice was published and posted as required by law; WHEREAS, it has been determined that the said easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said utility easements as above described are 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 September 16, 1986. Attest: John D. Frane, Clerk Gary D. Peterson, Mayor Disbursements by Fund Number 10 GENERAL 316476.09 11 CERTIFICATE OF INDEBT 5077.08 15 LIQUOR STORE-P V M 25082.76 17 LIQUOR STORE-PRESERVE 18025.19 31 PARK ACQUIST & DEVELOP 1384.74 33 UTILITY BOND FUND 393872.23 51 IMPROVEMENT CoNST FD 111453.30 57 ROAD IMPROVEMENT CONST FD 99639.80 73 WATER FUND 40955.48 77 SEWER FUND 187773.80 81 TRUST & ESCROW FUND 1154.25 82 FIRE RELIEF FUND 697E14.00 90 TAX INCREMENT FUND 3494.03 $1274172.75 September 16, 1986 SEPTEMBER 16 9 1986 28750 VOID OUT CHECK it:93 VOID OUT CHECK )2 VOID OUT CHECK 2'577 INTERNATION HOTEL 29578 NORTHERN STATES POWER CO 29579 US FITNESS ASSOCIATION 29580 HOPKINS POSTMASTER CONFERENCE-ENGINEERING DEPT SERVICE TRAINING WORKSHOP-COMMUNITY CENTER -POSTAGE FOR FALL PROGRAM BROCHURE- COMMUNITY CENTER 29581 KATIE SOLIE -FALL BROCHURE COVER DESIGN CONTEST- COMMUNITY SERVICES 29582 JEFF WOLZ -FALL BROCHURE COVER DESIGN CONTEST- COMMUNITY SERVICES 29583 FEDERAL RESERVE BANK PAYROLL 8-22-86 29584 COMMISSIONER OF REVENUE PAYROLL 8-22-86 29585 DEPARTMENT OF EMPLOYEE RELATIONS PAYROLL 8-22-86 29596 DEPARTMENT OF EMPLOYEE RELATIONS PAYROLL 8-22-86 29587 MINNESOTA DEPARTMENT OF P/S PAYROLL 8-22-86 29588 GREAT WEST LIFE ASSURANCE CO 29589 ICMA RETIREMENT GROUP 29590 UNITED WAY OF MINNEAPOLIS 29591 PERA 29592 CITY-COUNTY CREDIT UNION 29593 SUBURBAN NATIONAL BANK 29594 ICMA RETIREMENT GROUP 29595 MN ASSOC OF ASSESSING OFFICERS 29596 JENNIFER PEDRIC 29597 KATE PEDRIC I LAURIE PEDRIC /9 ELIN RICHARDS 29600 MINNESOTA GAS CO 29601 TRACY OIL CO INC 29602 JASON-NORTHCO PROPERTIES 29603 PETTY CASH 29604 TOTAL ENTERTAINMENT 29605 ICMA RETIREMENT GROUP 29606 HOPKINS POSTMASTER 29607 HENNEPIN COUNTY RECORDER 29608 AT & T COMMUNICATIONS 29609 AT & I' INFORMATION SYSTEMS 29610 MINNESOTA GAS CO 29611 ED PHILLIPS & SONS CO 29612 EAGLE WINE CO 29613 PRIOR WINE CO 29614 EAGLE WINE CO 29615 TWIN CITY WINE CO 29616 QUALITY WINE CO 29617 CAPITOL CITY DISTRIBUTING CO 29618 MARK VII SALES 29619 ASHTON TATE 29620 MICROBASE FIRE SYSTEMS 29621 COMMERCIAL LIFE INSURANCE 29622 LEAGUE OF MINNESOTA CITIES 111 '3 HOPKINS POSTMASTER 24 AT 1 I INFORMATION SYSTEMS 45.00- 178.40- 28905.25- 90.00 34627.85 95.00 1022.96 15.00 25.00 23767.58 10012.45 18065.02 510.10 10.00 5058.00 760.00 218.50 19276.65 2391.13 200.00 449.00 85.00 13.00 16.00 13.00 30.00 365.05 6460.34 4587.67 9.53 75.00 28.50 39.55 1.00 0.60 20.55 12.93 6563.12 98.52 813.47 5742.86 5146.49 467.79 842.92 281.00 48.50 10.00 1040.85 27989.25 435.26 831.75 PAYROLL 8-22-86 PAYROLL 8-22-86 PAYROLL 8-22-86 PAYROLL 8-22-86 PAYROLL 8-22-86 PAYROLL 8-22-86 CONFERENCE-CITY MANAGER CONFERENCE-ASSESSING DEPT REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SAILBOARDING LESSONS SERVICE FUEL-STREET DEPT SEPTEMBER RENT-LIQUOR STORE POSTAGE FOR RECEPTION DESK-CITY HALL -DEPOSIT FOR SOUND & LIGHT SHOW- COMMUNITY CENTER CONFERENCE-CITY MANAGER POSTAGE-SENIOR NEWSLETTER PHOTOCOPY FEE-ENGINEERING DEPT SERVICE SERVICE SERVICE LIQUOR WINE WINE LIQUOR LIQUOR WINE WINE WINE COMPUTER SOFTWARE-FIRE DEPT COMPUTER SOFTWARE-FIRE DEPT BASIC LIFE INSURANCE PREMIUMS WORKERS' COMPENSATION INSURANCE POSTAGE-UTILITY BILLING SERVICE 14953509 SEPTEMBER 16,1986 29625 GREGG NELSON TRAVEL INC EXPENSES-ENGINEERING DEPT -- 26 MINNESOTA GAS CO /11 5 SERVICE 27 NORTHERN STATES POWER CO SERVICE 628 NORTHWESTERN BELL TELEPHONE CO SERVICE 29629 METROPOLITAN COUNCIL WORKSHOP-ENGINEERING DEPT 29630 CASH -CHANGE FUND FOR SUN BONNET DAYS- COMMUNITY SERVICES 29631 NORTHERN STATES POWER CO SERVICE 29632 SUPPLEE ENTERPRISES INC SEPTEMBER RENT-LIQUOR STORE 29633 MINNESOTA POST BOARD LICENSE FEE-POLICE DEPT 29634 MOLLY KOIVUMAKI SCHOOL-POLICE DEFT 29635 DANA GIBBS PACKET DELIVERIES 29636 CHRISTINE ANDERSON REFUND-SWIMMING LESSONS 29637 RACHEL DEVILLE REFUND-SWIMMING LESSONS 29638 SARAH DEVILLE REFUND-SWIMMING LESSONS 29639 MARLA GUST REFUND-TENNIS LESSONS 29640 DOYLE JOHNSON REFUND-MEMBERSHIP FEES 29641 GENE A JOHNSON JR REFUND-MEMBERSHIP FEES 29642 DEBRA KEELER REFUND-PRENATAL CLASS 29643 JEAN STREIGEL REFUND-SWIMMING LESSONS 29644 PAUL REESE REFUND-SAILBOARDING LESSONS 29645 MINNESOTA REC & PARK ASSOC FOOTBALL TEAM REGISTRATIONS/FEES PAID 29646 TRAVEL MASTERS INC CONFERENCE-CITY MANAGER 29647 RADISSON HOTEL CONFERENCE-CITY MANAGER 29648 ED PHILLIPS & SONS CO LIQUOR 29649 EAGLE WINE CO LIQUOR 29650 PRIOR WINE CO WINE I 51 QUALITY WINE CO WINE 52 TWIN CITY WINE CO WINE 29653 CAPITOL CITY DISTRIBUTING CO WINE 29654 ALLIED BLACKTOP CO 1986 SEAL COATING-STREET DEPT 29655 EAGAN-MC KAY ELECTRICAL CONTRACTO SERVICE-PRAIRIE CENTER DRIVE 29656 ENEBAK CONSTRUCTION SERVICE-TECHNOLOGY DRIVE 29657 HARDRIVES SERVICE-PRESERVE BLVD 29658 RICHARD KNUTSON INC SERVICE-ANDERSON LAKES PARKWAY 29659 NODLAND CONSTRUCTION CO SERVICE-WYNDHAM KNOLL 29660 NORTHDALE CONSTRUCTION CO SERVICE-EDEN ROAD & SINGLETREE LANE 29661 SHAW-LUNDQUIST ASSOC INC SERVICE-WATER TREATMENT PLANT 29662 A & B SPORTING GOODS CO MEGAPHONES-ROUND LAKE & RILEY LAKE 29663 A TO Z RENTAL CENTER EQUIPMENT RENTAL-STREET DEPT & FIRE DEPT 29664 ACRO-MN INC OFFICE SUPPLIES 29665 HERBERT S ADOLPHSON EXPENSES-BUILDING DEPT 29666 ALPHA VIDEO & AUDIO VIDEO SUPPLIES-POLICE DEPT 29667 AMERICAN LINEN SUPPLY CO MOP/DUSTER-LIQUOR STORE 29668 AMERICAN SCIENTIFIC PRODUCTS LAB SUPPLIES-WATER DEPT 29669 AMERICAN STEEL & INDUSTRIAL SUPPL PIPE-PARK MAINTENANCE 29670 AMERICAN WATER WORKS ASSOC FILMS-WATER DEPT 29671 EARL F ANDERSEN & ASSOC INC SIGNS-STREET DEPT 29672 JERRY ANDERSON HOCKEY OFFICIAL/FEES PD 29673 ARTSIGN MATERIALS CO SUPPLIES-PARK PLANNING 29674 ASPEN CARPET CLEANING CARPET CLEANING-PUBLIC SAFETY BUILDING 29675 ASSOCIATED ASPHALT INC ASPHALT-STREET DEPT & PARK MAINTENANCE 29676 ASTLEFORD INTL INC EQUIPMENT PARTS-STREET DEPT V77 AUTOMOBILE SERVICE CO TRUCK REPAIRS-STREET DEPT .. 8 BSN CORP TENNIS NETS-PARK MAINTENANCE 71132334 218.00 116.30 5.14 19.58 5.00 120.00 126.98 4341.66 5.00 300.00 52.00 5.00 14.00 11.00 15.00 27.00 7.00 26.00 12.00 30.00 110.00 258.00 90.95 2413.33 3514.71 674.92 1019.60 4176.44 130.83 124518.85 3494.03 99639.80 30309.06 17268.12 24536.69 37251.56 349205.40 26.00 42.40 273.82 15.00 77.48 18.10 83.56 307.30 77.00 72.80 66.00 76.00 614.00 4630.98 51.40 34.95 787.60 37(.4 SEPTEMBER 16,1986 29679 PATRICIA BARKER MILEAGE (80 BATTERY & TIRE WAREHOUSE INC -BATTERY/POWER STEERING FLUID/BRAKE PADS/ -SPARK PLUGS/REPAIR KIT/BEARINGS- STREET DEPT 29681 SERVICE-WATER PLANT EXPANSION 29682 SOFTBALL OFFICIAL/FEES PD 29683 SOFTBALL OFFICIAL/FEES PD 29684 II JULY 86 IMPOUND SERVICE 29685 -PARK & REC COMMISSION MEETING MINUTES FOR 8/18/86 29686 SNIFTER/SPEEDOMETER CABLE-STREET DEPT 29687 CAR WASH SUPPLIES-P/S DEPT 29688 REPLACE FLOWERS-PARK MAINTENANCE 29689 FILM PROCESSING 29690 ROCK-STREET DEPT & PARK MAINTENANCE 29691 -KEYS/2 5 DRW FILE CABINETS-WATER DEPT & PLANNING DEPT 29692 CARDOX CORP CARBON DIOXIDE-WATER DEPT 29693 CARLSONS LAKE STATE EQUIP CO KIT/GASKET-STREET DEPT 29694 CARLSON'S TREE SERVICE TREE REMOVAL-FORESTRY 29695 CEDAR HILLS GOLF GOLF LESSONS-COMMUNITY CENTER 29696 CITY OF CHASKA SERVICE-TRANSIT DEMONSTRATION CONTRACT 29697 JOE CLARKE MILEAGE 29698 CLUTCH & TRANSMISSION SER INC -OIL SEALS/CLUTCH PACK/REBUILD KIT- STREET DEPT 29699 COMMISSIONER OF TRANSPORTATION SERVICE-MITCHELL & IN 169 29700 JEFFREY L CONRADI HOCKEY OFFICIAL/FEES PD t . ITHEE CONSULTING GROUP JULY 86 SERVICE )2 CONWAY FIRE & SAFETY INC -ACID FOAM/EMULSIFIERS/BRACKETS/FIRE EXTINGUISHERS-FIRE DEPT 29703 COPY EQUIPMENT INC VELLUM/TAPE-PLANNING DEPT 29704 COUNTRY OAKS CONST REFUND-BUILDING PERMIT 29705 CUTLER-MAGNER COMPANY QUICKLIME-WATER DEPT 29706 WARD F DAHLBERG AUGUST 86 EXPENSES 29707 DALCO CLEANING SUPPLIES-PUBLIC SAFETY BUILDING 29708 DEL-AIR CONDITIONING INC AIR CONDITIONER REPAIRS-LIQUOR STORE 29709 DIXIE PETRO-CHEM INC CHLORINE-WATER DEPT 29710 DRISKILLS SUPER VALU SUPPLIES-POLICE DEPT 29711 DRISKILLS SUPER VALU SUPPLIES-FIRE DEPT 29712 DRISKILLS SUPER VALu SUPPLIES-CITY HALL 29713 DRISKILLS SUPER VALU SUPPLIES FOR ROUND LAKE & SUMMER PROGRAMS 29714 DRISKILLS SUPER VALU SUPPLIES-DAY CAMP 29715 DRUMMOND AMERICAN CORPORATION CLEANING SUPPLIES-WATER DEPT 29716 EAGLE SNACKS INC SUPPLIES-LIQUOR STORES 29717 EARL'S ART & DRAFTING SUPPLIES FOAM BOARD-PLANNING DEPT 29718 JEFFREY C EDELEN MILEAGE 29719 EDEN PRAIRIE APPLIANCE REFRIGERATOR REPAIRS-PUBLIC SAFETY 29720 EDEN PRAIRIE LIQUOR *I SUPPLIES-CITY PICNIC & ELECTIONS 29721 EDEN PRAIRIE TRASHTRONICS AUGUST 86 TRASH PICKUP 29722 EDEN PRAIRIE VOLUNTEER FIRE RELIE CITY'S PORTION OF FIRE RELIEF PENSION 29723 ELK RIVER CONCRETE PRODUCTS MANHOLE COVERS-SEWER DEPT 29724 EMERGENCY SERVICE SYSTEM INC RADIO REPAIRS-POLICE DEPT 249 725 RON ESS HOCKEY OFFICIAL/FEES PD !6 JIM FARLEY REFUND-UTILITY BILL 2./27 FIRST SECURITY TITLE REFUND-UTILITY BILL 22.25 210.00 44221.83 140.00 1064.00 502.50 67.50 81.93 69.34 65.00 273.75 1096.86 497.22 1115.31 33.26 1410.00 29.25 1750.10 113.00 537.54 37.89 81.75 3228.91 80.00 62.00 74.98 507.75 15.28 158.07 38.94 584.99 62.48 165.66 166.92 28.82 70.00 74.64 154.79 350.00 69784.00 46.65 40.25 128.00 66.71 31.56 1957.87 230.00 500.00 HOSE/ 5553.70 13758325 SEPTEMBER 16,1986 FITNESS ASSOCIATES INC FLAIR FOUNTAINS FLYING CLOUD SANITARY LANDFILL FOUR STAR BAR & RESTAURANT SUPPLY G & K SERVICES 29728 7 29 1 30 031 29732 29733 G & L CONTRACTING INC 29734 GENERAL COMMUNICATIONS INC 29735 JENNIFER GLOOD 29736 W W GRAINGER INC 29737 GROSS OFFICE SUPPLY 29738 GUNNAR :ELECTRIC CO INC 29739 HENNEPIN COUNTY 29740 'OFFERS INC 29741 DONNA HYATT 29742 KURT HYSTER 29743 IBM 29744 INDEPENDENT SCHOOL DIST 4272 29745 JM OFFICE PRODUCTS INC 29746 JM OFFICE PRODUCTS INC 29747 JET PHOTO LABS 29748 PETER JOAS 29749 JOHNSON-BIGLER COMPANY INC 29750 CARL JULL1E 29751 JUSTUS LUMBER CO KARULF HARDWARE INC 29753 KAYE CORPORATION 29754 KLEVE HTG & AIR COND INC 29755 BRADLEY JOSEPH KNUTSON 29756 KOKESH ATHLETIC SUPPLIES INC 29757 KRAEMERS HOME CENTER 29758 DALE LACHERMEIER 29759 LANCE 29760 LANE INSURANCE INC 29761 LANG PAULY & GREGERSON LTD 29762 LANG PAULY & GREGERSON LTD 29763 BOB LANZ1 29764 LEEF BROS INC 29765 LOGIS 29766 LOG'S 2 67 LONG LAKE FORD TRACTOR 2t 3438102 STRESS TESTS-POLICE DEPT CLEANING SUPPLIES-PUBLIC SAFETY TAX ON LANDFILL DISPOSAL SUPPLIES-LIQUOR STORES -TOWELS/COVERALLS-WATER DEPT/LIQUOR STORE/ PARKS DEPT -SERVICE-ANDERSON LAKES PKWY & 169/ BROADMORE/BURR RIDGE RADIO REPAIRS-POLICE DEPT WAGES-TEEN VOLUNTEER PROGRAM EQUIPMENT REPAIRS-WATER DEPT OFFICE SUPPLIES-POLICE DEPT SERVICE-CANTERBURY LANE MAY & JULY 86 BOARD OF PRISONERS -BASEBALL FIELD MARKING & DOOR REPAIR- PARK MAINTENANCE & P/S BUILDING MILEAGE HOCKEY OFFICIAL/FEES PD SERVICE ART & DRAMA DAY CAMP-SUMMER PROGRAMS OFFICE SUPPLIES-POLICE DEPT OFFICE SUPPLIES FILM PROCESSING-POLICE DEPT WAGES-TEEN VOLUNTEER PROGRAM CEMENT-PARK MAINTENANCE MEETING EXPENSES -LUMBER/NAILS/CASTORS-WATER DEPT/PUBLIC SAFETY -GLOVES/WRENCHES/CORKS/SPONGES/STEEL WOOL/ -HOSE WASHERS/DOOR STOP/BOLTS/HOOKS/WIRE/ -TOOL BOX/SCREWDRIVERS/PLIERS/WIRE GRIPS/ -CHAINS/BATTERIES/BULBS/DUCT TAPE/SNAP -HOOKS/NOZZLES/FITTINGS/DRILL BITS/SPRAY BOTTLES/CHARCOAL LIGHTER -CYLINDERS/SCREWS/SNAP RINGS/GASKETS/ SPRINGS/WHEEL ASSEMBLY-PRAK MAINTENANCE -FURNACE & AIR CONDITIONER REPAIRS- CITY HALL SOFTBALL OFFICIAL/FEES PD -FOOTBALLS/FIELD MARKERS/WHISTLES- COMMUNITY CENTER -PAINT/DOOR STOPS/MR COFFEE/FILTERS/NAILS/ BOLTS/NUTS/WRENCH-WATER DEPT & PARK DEPT CLEANING SUPPLIES-WATER DEPT SUPPLIES-LIQUOR STORES NOTARY BOND INSURANCE-BUILDING DEPT SERVICE-CABLE TV JUNE 86 LEGAL SERVICE SOFTBALL OFFICIAL/FEES PD RUG CLEANING-CITY HALL SERVICE JULY 86 SERVICE -WHEEL/WASHER/BUSHING/SEAL SHAFT/BELT/ RIM SLEEVES-PARKS DEPT LANDFILL CHARGES-PARKS DEPT 150.00 6.35 10.80 290.45 272.81 3392.75 501.10 7.00 245.13 18.95 97.50 2748.68 653.63 14.00 184.00 424.32 21.08 102.24 247.80 42.76 15.75 98.38 81.00 623.80 930.84 232.30 529.63 84.00 99.85 179.44 156.00 170.15 60.00 422.50 12341.82 270.00 73.20 346.82 7895.59 173.60 165,-00 68 LOUISVILLE LANDFILL INC 23 V. SEPTEMBER 16,1986 29769 MIKE MARUSHIN SCREWDRIVERS-STREET DEPT -7 70 MCFARLANES INC CONCRETE-STREET DEPT & PARK MAINTENANCE 11 MCGLYNN BAKERIES INC EXPENSES-POLICE DEPT 2 772 MCGLYNN BAKERIES INC EXPENSES-FIRE DEPT 29773 MERLIN'S HARDWARE HANK SUPPLIES-PARKS DEPT 29774 METROPOLITAN FIRE EQUIP CO CHEMICALS-FIRE DEPT 29775 METRO HINE COMM INC SEPTEMBER 86 PAGER RENTAL-STREET DEPT 29776 METRO PRINTING INC -SPECIFICATION COVERS/ENVELOPES-POLICE DEPT & ENGINEERING DEPT 29777 METROPOLITAN WASTE CONTROL COMM OCTOBER 86 SEWER SERVICE 29778 METROPOLITAN WASTE CONTROL COMM JULY 86 SAC CHARGES 29779 MIDLAND EQUIPMENT CO -SPILL PANS/VALVES/AIR TAILGATES- STREET DEPT 29780 MIDWEST ASPHALT CORP BLACKTOP-STREET DEPT & PARK MAINTENANCE 29781 MINNESOTA COMMUNICATIONS CORP SEPTEMBER 86 PAGER RENTAL-WATER DEPT 29782 MINNESOTA BAR SUPPLY INC SUPPLIES-LIQUOR STORES 29783 MN CELLULAR TELEPHONE CO SERVICE 29784 MINNESOTA SUBURBAN NEWSPAPERS INC ADS-LIQUOR STORES 29785 MINNESOTA SUBURBAN NEWSPAPERS INC EMPLOYMENT ADS-PUBLIC SAFETY 29786 MODERN TIRE CO TIRE REPAIR-COMMUNITY CENTER 29787 LYLE 0 MOENCH SOFTBALL OFFICIAL/FEES PD 29788 MOTOROLA INC RADIO REPAIRS-FIRE DEPT 29789 MTI DISTRIBUTING CO -SEAL/AXLE/WASHER/BUSHING/BEARINGS-PARK MAINTENANCE & STREET DEPT 29790 WM MUELLER & SONS INC SAND-PARK DEPT 29791 OLSEN CHAIN & CABLE CO INC BINDER CHAINS/CHAIN SLING-STREET DEPT 29792 BILL OLSON BLACK DIRT-STREET DEPT 1L93 O'TOOLE & MCGOUGH INC -6 SETS OF SMACQUETBALL RACQUETS- COMMUNITY CENTER 29794 PEPSI/7-UP BOTTLING CO CONCESSION STAND SUPPLIES-ROUND LAKE 29795 PEPSI/7-UP BOTTLING CO -CONCESSION STAND SUPPLIES-COMMUNITY CENTER & ROUND LAKE 29796 T A PERRY ASSOCIATES INC PUMP & MOTOR REPAIRS-PUBLIC SAFETY BLDG 29797 JOYCE PHELPS SKATING INSTRUCTOR/FEES PD 29798 PIPER PLUMBING REFUND-PLUMBING PERMIT #28717 29799 PITNEY BOWES SERVICE-COMMUNITY CENTER & CITY HALL 29800 POMMER MFG CO INC TROPHIES-COMMUNITY CENTER 29801 PROTOOL INC DRILL BITS-PARK DEPT 29802 JOYCE PROVO MILEAGE 29803 AAGE REFFSGAARD MEMBERSHIP DUES-BUILDING DEPT 29804 RIDGE DOOR SALES CO OF MN INC REPAIR OF FIRE STATION DOOR 29805 ROAD MACHINERY & SUPPLIES CO MUDFLAPS/CYLINDER-STREET DEPT 29806 ROAD RESCUE INC -METAL RING CUTTER/ANTISEPTIC WIPES/ -COLD PACKS/ACME TAPE/BANDAGES/SURGICAL PADS/STETHOSCOPES/GAUZE PADS-FIRE DEPT 29807 ROGERS SERVICE CO REPAIRS-STREET DEPT 29808 NORBERT ROBERS SUPPLIES-FIRE DEPT 29809 S I S ARTS & CRAFTS -POWDERED WAX/TABLE GOLF/FOOTBALL/BUMPER POOL-COMMUNITY CENTER 29810 SALLY DISTRIBUTORS INC SUPPLIES-COMMUNITY CENTER 29811 JOHN SAMS MILEAGE 29812 WAYNE R SANDERS CONFERENCE-BUILDING DEPT 7"13 WAYNE R SANDERS EXPENSES-BUILDING DEPT k 4 SATELLITE INDUSTRIES INC PORTABLE RESTROOMS-PARK DEPT il5 SCHMIDT READY MIX INC BLACKTOP-STREET DEPT 20053294 23-61 24.20 193.00 25.60 157.02 29.25 95.75 10.50 348.00 88039.96 98505.00 1248.00 915.55 51.50 60.26 73.87 75.60 148.40 12.36 242.00 1.80 251.75 464.40 336.70 280.50 202.75 48.00 338.20 857.43 726.00 195.00 928.10 423.50 12.39 12.50 54.00 388.00 178.11 1192.92 103.05 8.31 733.12 19.50 37.50 218.00 15.00 1809.65 440.34 SEPTEMBER 16,1986 29816 JOAN PAULY SCHNEIDER 29817 DON SCHWARTZ 29818 SEARS ROEBUCK & CO ( 19 SHAKOPEE FORD INC 20 SHOW QUALITY PET PRODUCTS INC 2 821 BRIAN SMITH 29822 SMITH DIVING 29823 W GORDON SMITH CO 29824 SNAP ON TOOLS CORP 29825 SNAP PRINT-WEST 29826 SODERQUIST SERVICES INC 29827 SOUTHWEST AUTO SUPPLY INC 29828 SOUTHWEST SUBURBAN PUBLISH INC 29829 SOUTHWEST SUBURBAN PUBLISH INC 29830 STAHL CONST 29831 STATE TREASURER 29832 SUBURBAN CHEVROLET 29833 SULLI VANS SERVICES INC 29834 SUN ELECTRIC CORPORATION NATALIE SWAGGERT TWIN CITY OXYGEN CO TWIN CITY PRICING & LABEL INC UNIFORMS UNLIMITED UNITOG RENTAL SERVICES UNLIMITED SUPPLIES INC URBAN UNIT CORP VAN WATERS & ROGERS VESSCO INC VIKING STEEL PRODUCTS INC WATER ENGINEERING & MGMT WATER PRODUCTS CO PAUL M WELIN SANDRA F WERTS WEST WELD WESTERN CHEMICAL CO WESTERN DESIGN & PRINTING WESTERN STATES STEPHEN J WHITE 29854 T WILLIAMS 29855 WILSON TANNER GRAPHICS 29856 KEN WORDE 4(57 X-ERGON 5963739 GIFT CERTIFICATES-TEEN VOLUNTEER PROGRAM SOFTBALL OFFICIAL/FEES PD KEY-WATER DEPT BRAKE CABLE/REPAIRS-STREET DEPT SUPPLIES-CANINE UNIT MILEAGE DIVING INSTRUCTOR/FEES PD -PROPANE/DIESEL/WRENCH SET/SOCKET SET/ -TOOL BOX/FUNNEL/CAR WAX/ANTIFREEZE/OIL- STREET DEPT/POLICE DEPT/COMMUNITY CENTER SOCKET SET-STREET DEPT -PRINTING-ELECTIONS/COMMUNITY CENTER & FIRE DEPT -WEED CONTROL-MAPLE LEAF ACRES/ RUSTIC HILLS DR/DUCK LAKE ROAD -FUEL FILTERS/TAPE/FLOOR MATS/SEALS/ -BEARINGS/SWITCH/SEALER/AIR FILTERS/ -BATTERIES/HEATER CORE/BRAKE KITS/BELTS DISTRIBUTOR CAP-STREET DEPT & PARK DEPT AUGUST 86 LEGAL SERVICE EMPLOYMENT ADS-CITY HALL & PUBLIC SAFETY REFUND-HYDRANT METER JULY 86 BUILDING PERMIT SURCHARGE WIPER SWITCH/REPAIR KIT-STREET DEPT PUMP TANK-SENIOR CENTER -1986 MONITOR DISC UPDATE EXCHANGE- STREET DEPT SEPTEMBER 86 EXPENSES OXYGEN-STREET DEPT SUPPLIES-LIQUOR STORE UNIFORMS-PUBLIC SAFETY UNIFORMS FOR CITY EMPLOYEES -SCREWS/NUTS/WASHERS-STREET DEPT & PARKS DEPT FRANLO PARK TRAIL-PARK MAINTENANCE CHEMICALS-WATER DEPT EQUIPMENT REPAIRS-WATER DEPT GUARD RAIL & APRON-PARK MAINTENANCE SUBSCRIPTION-WATER DEPT -24 5/8-3/4 100 GAL REMOTE/6" TOP & ROD -EXTENSIONS/6 1" 1000 GAL METER/3" 1000 GAL COMP METER/ 6 1 1/2" GAL METER SOFTBALL OFFICIAL/FEES PD FILM PROCESSING-COMMUNITY CENTER WIRES-STREET DEPT CHEMICALS-WATER DEPT BUSINESS CARDS/FORMS-PUBLIC SAFETY TIMBER-PARK MAINTENANCE -REPLACE BROKEN GLASSES WHILE ON DUTY- PUBLIC SAFETY PICTURE FRAMES-ADMINISTRATION -BUSINESS CARDS/EMPLOYMENT APPLICATION FORMS-ASSESSING DEPT & CITY HALL HOCKEY OFFICIAL/FEES PD 1ST AID SUPPLIES-WATER DEPT 15.00 238.00 10.99 78.18 29.38 91.00 800.00 3053.76 30.61 416.34 362.50 4017.99 3387.45 216.00 276.00 9010.65 47.79 50.00 25.50 165.00 39.77 550.00 275.85 1950.25 375.43 424.80 1250.00 549.07 153.46. 42.50 4467.45 84.00 9.72 193.05 4773.60 532.00 722.00 138.00 75.00 410,00 216.00 83.30 29835 29836 4 37 29839 29840 29841 29842 29843 29844 29845 29846 29847 29848 29849 29850 29851 29852 29853 -,.•••nn•nnn•n...0*. SEPTEMBER 16,1986 29858 XEROX CORP ( 359 ZIEGLER INC 29860 ., ZONING BULLETIN BIWEEKLY 117972 -MAINTENACE AGREEMENT-CITY HALL & POLICE DEPT -SHAFT COUPLING/HANDLE/LINK/LATCH/REPAIR HEAT EXCHANGER-WATER DEPT & STREET DEPT ZONING BULLETIN-PLANNING DEPT 221.70 896.14 , 61.80 $1274172.75 ADOPTED by the Eden Prairie City Council on September 16, 1 9 8 6 . ATTEST: John D. Frane, Clerk Mayor Gary D. Peterson SEAL 23% CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 86-249 TH 5 LAYOUT APPROVAL WHEREAS, the Commissioner of the Department of Transpor t a t i o n h a s p r e p a r e d a preliminary layout for the improvement of a part of Tru n k H i g h w a y # 1 2 1 , renumbered as Trunk Highway •5, within the corporate l i m i t s o f t h e C i t y o f Eden Prairie, from Heritage Road to Prairie Center Drive, an d s e e k s t h e approval thereof; and WHEREAS, said preliminary layouts are on file in the of f i c e o f t h e D e p a r t m e n t of Transportation, St. Paul, Minnesota, being marked, l a b e l e d , a n d i d e n i f i e d as layout 0 4 S.P.2701-24 (5=121) from Heritage Road to P r a i r i e C e n t e r D r i v e . NOW, THEN, BE IT RESOLVED that said preliminary layouts f o r t h e i m p r o v e m e n t o f said Trunk Highway within the corporate limits be and h e r e b y a r e a p p r o v e d subject to the following: A. The City of Eden Prairie requests that the right-in/rig h t - o u t e n t r a n c e to the Prairie Village Mall and Suburban National Bank b e m a i n t a i n e d with the initial construction completion. After project c o m p l e t i o n , the City would ask MnDOT to evaluate the operational cha r a c t e r i s t i c s of the access for a period of 1 year and evaluate the b e n e f i t s a n d problems to consider maintaining or closing the access. B. The City requests that MnDOT carefully coordinate the T r u n k H i g h w a y improvements with the proposed CSAH 4 improvements by He n n e p i n C o u n t y with a goal of concurrent completion. C. The City recognizes that abandoment of the C & NW railro a d t r a c k s w i l l affect the proposed layout plan 04. Upon abandoment of t h e r a i l r o a d right-of-way, the City requests an opportunity to review t h e f i n a l proposed plan prior to implementation. D. The City requests that MnDOT consider the installation o f a p e d e s t r i a n overpass as per Resolution 86-222 as previously requested . Agenda outline for presentation by Mary Radcliffe/Lawrence Kapustke for the City Council meeting of September 16, 1986. • We ask that the City Council reconsider its': August 19„1986: decision concerning the goose hunt at Olympic Hills, and look into non-lethal alternatives to the hunt. This presentation: will discuss a Systematienonlethal method of discouraging geese frem nesting in areas where they are not wanted„ .( "integrated.Post.Management") Research and data are frehi-i the National Humane Society, Wash. D.C.; and U.S. Dept, of Agriculturei .NuiSancoi3irds and Animals, New York State, and the U.S.D.A. Animal Damage and Control, St. Paul, Minn. In conclusion, we will ask that thel_City CouncilAirect a committee of persons, including Eden Prairie citizens to research further the non-lethal alternatives toCanadian goose control. The committee would then weigh the concerns of all resident/ taxpayers of Eden Prairie and make: a recommendation:concerning the proposed hunt at Olympic Hills. 3'q MEMO TO: Mayor and the City Council FROM: Chris Enger, Director of Planning FOR: NSP Transmission Line Item DATE: September 16, 1986 As I had indicated in the Manager's update newsletter, NSP is proposing an upgrading of the distribution line which currently exists on the north side of Highway 5 running from the Westgate substation out toward Chanhassen, from wood poles 40' to 45' in height to a lesser number of metal poles 70' to 90' in height. NSP is considering installation of 90 -110 foot high poles, initially to allow the flexibility to add another circuit (three more wires) in the future. The purpose of this request is to allow NSP to upgrade the line, from a distribution line to a feeder line, which they refer to as a 115 KB line. This line will connect their Bluff Creek substation with the Westgate substation, in order to provide more electrical capacity for the area as a whole and a more reliable electrical network. NSP representatives, at the suggestion of City Staff, held a neighborhood meeting on August 6 with letters sent out to twelve hundred residents on a proposed route. Seven people were in attendance, and an explanation of the project was given by NSP representatives, and the meeting was adjourned after approximately forty-five minutes. Although there is no formal process for NSP to obtain permission from the City to upgrade this line, because it is classified as a public use in our zoning code and is allowed in all zoning districts, I asked NSP to hold first a neighborhood meeting and then appear before the City Council, to explain, for the City Council's review and approval, the nature of the project. Our City Staff has also made suggestions to NSP representatives pertaining to other system upgradings within the community, however these have not met with support from NSP. If the Council feels that some or all of these ideas have merit, you may wish to pursue them further with the NSP representatives. Staff had suggested that the wood poles on the north side of Highway 5, east of the Westgate substation also be upgraded to improve the appearance with this project. Secondly, the Staff has suggested that perhaps over a ten year period of time, NSP phase the wood pole overhead distribution lines throughout the community out and replace them with underground service. Also, the architectual single pole transmission structures that NSP has constructed in Eden Prairie with the new substation, could serve as a standard for pole structures throughout the community. It would be beneficial to Eden Prairie if NSP would agree to replace the lattice work structures that still exist for the major transmission lines within the community, with single architectural poles over a ten year period. Lastly, within the City's commercial areas a standard NSP fixture and pole is an aluminum cobra head fixture on a simulated wood, fiberglass pole. This fixture and pole is the same standard as is used in farmer's barnyards and is not consistent with the higher quality being required of developers for parking lot fixtures, and in many cases, visually conflicts with them. We feel it is not unreasonable to ask NSP to upgrade at their cost, commercial fixtures and poles for use within our business districts. II If after discussion, Council feels that the request from NSP as proposed or with provisions is reasonable, appropriate action would be to approve the request. g3ca At Northern States Power Company 414 Nicollet Mall Minneapolis, Minnesota 55401 Telephone (612) 330-5500 September 5, 1986 Honorable Gary Peterson Mayor and City Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 WESTGATE/BLUFF CREEK 115/69 TRANSMISSION LINE Northern States Power Company (NSP) on August 6, 1986 held an informational meeting to discuss the above subject 115 kv line at the Administration Building at 7:30 p.m. -(copy of letter sent attached). The purpose for the above meeting is to improve our electrical service in the community and therefore to inform the residents and the business community of our construction project. NSP plans to build a single steel pole line consisting of a 115 kilovolt line from Westgate Substation, 15100 W 78th Street along Highway #5 west to Eden Prairie's west corporate limits, a distance of approximately two miles. NSP will replace the existing 13.8 kilovolt overhead distribution line adjacent to Highway #5 with the new line in approximately the same location with one-third fewer poles, which will carry more electricity on longer spans of line. Attached are copies of the proposed route map and pictures of the proposed single shaft steel pole. Also attached is a sketch of the proposed transmission to distribution development, Diagram #1. This project will enhance a reliability of service to the Westgate Substation as well as to the area. Right-of-Way The proposed line would have spans of approximately 600'. The structure heights would be 90 to 110' in height and will require right-of-way of 40' on either side of the center line. The exact structure location will be determined by the final survey and MN DOT Highway #5 realignment. Damages In addition to payment for the easement, if required, NSP will compensate for any damages incurred to property owners during construction and/or if future line maintenance results in damages. g ?; Northern States Power Company Mayor Gary Peterson City of Eden Prairie • September 5, 1986 • Page 2 Clearances and Construction Rating All clearances will comply with the American National Standards Institute IWCC, 1984 Edition National Electrical Safety Code (Power Circuits). Schedule 115 kv Begin construction - Fall 1987, Line in service - May 1988 If there are any questions regarding the above subject project, please call me at 330-5956. -Thank you, 71 : ' D J Chmiel Sr Permitting Consultant ye DIAGRAM 1 WESTGATE - BLUFF CREEK PROPOSED DEVELOPMENT I W. HU. 4 Frarr PROPOSED 1988 115KV 13.8 KV PROPOSED ca. 1990 UNDERGROUND RG/DJC 8-27-86 EXISTING Al , I (v) Iv) 0 •I 115KV SINSGLE COR.C.WT STEGA. Po NORTHERN STATES POWER COMPANY ENGINEERING DEPARTMENT MINNEAPOLIS SCALE IJOI46 iREV. N L .5 KE-rc.NA I 5 K V D m. T.: oo r t- S -T EG,0 L ROLE NORTHERN STATES POWER COMPANY ENGINEERING DEPARTMENT MINNEAPOLIS SCALE 1.10 NE 'REV. NL- 5KE-cc.,A - 201 Northern States Power Company 414 (*collet Mall Minneapolis. Minnesota 55401 Telephone (612) 330-5500 Dear Property Owner: To improve electrical service in the community, Northern States Power Company (NSP) is planning a construction project in your area. NSP plans to build a 115-kilovolt powerline from the Westgate substation, 15100 W. 78th St., to Eden Prairie's west corporate limits. NSP will replace the existing 13.8-kilovolt overhead distribution line adjacent to Highway 5 with the new line in approximately the same location. The company plans to remove the existing wooden poles along the Eden Prairie route and replace them with one-third fewer steel poles, which will carry more electricity on longer spans of line. NSP will have an informational meeting to discuss the project at 7:30 p.m. on August 6, 1986 in the Administration Building, Room #205 (Old Senior High School), 8100 School Road, Eden Prairie, MN. NSP representatives will be at the meeting to answer questions from you and your neighbors. MEMORANDUM TO: Mayor and City Council FROM: Development Commission SUBJECT: Request for Joint Meeting DATE: September 12, 1986 On September 2, 1986 the City Council directed that the Development CoMmission review its mile as an advisory body and that ajoint: meeting be held before filling the vacancy on the :Council would be considered. The Development Commission met at its regularly Scheduled quarterly meeting on September 5 ancidecidedthat the ComMistion:tah'. and should have a meahingfUl role for the COMmunitY. It is suggested that they dint Meeting of the CounCil and DeVelopMent Commission be scheduled for 6:00 p.m. Tuesday, October A • memorandum summarizing the position of Commission members will be forwarded to Councilmembers prior to that meeting. CWD:jdp 239(4 411 MEMORANDUM TO: Mayor and City Council THROUGH: City Manager Carl J. Jullie FROM: Assistant to the City Manager Craig W. Dawson SUBJECT: Charge to Residents' Committee for City Administrative Offices On September 9, the City Council discussed parameters for the work of a blue-ribbon residents' committee which will make recommendations about the best way to address the City's need for permanent administrative offices. Based on the actions taken by the Council that evening, the following charge may be given to the committee: "The Eden Prairie City Council seeks an independent, informed recommendation from the community about the best way to address the City's need for permanent administrative offices. It is appointing a 24-member blue-ribbon committee to investigate this matter. The committee will be free and is encouraged to explore a wide array of solutions; however, it will not contemplate any options which entail leasing office space. In considering sites for new City offices, the committee shall have no restrictions on the location of a site it will recommend. The committee will recommend whether the building should be built in phases or initially constructed to its eventual size. It will identify appropriate costs for construction of the building. Finally, the committee will recommend whether this construction should be financed with bonds authorized by referendum or within legal restraints if a referendum is not held. "In its desire to have the committee operate independently, the Council will not have its members nor its staff participate in the committee's activities. The City Manager shall, however, assign one member of his staff to perform liaison duties for the committee. If the committee determines that it needs additional resources which may involve expenses, it may request that the Council authorize payment for these services. "The committee should adhere to the following schedule in order to accomplish its work in a timely manner: 1. Have the full 24-member committee formed by October 7, 1986. 9 . Identify and discuss the issues included in the charge; gain comments from residents, Council,staff, Planning Commission, and architect; and formulate a program and schedule for implementation by December 10, 1986. 3. Conduct a public forum which is preceded by thorough press coverage by December 10, 1986. Formulate the committee report by January 20, 1987. 5. Make the recommendation to City Council on January 20, 1987. "Given the timelines outlined above, the City Council will be able to hold a public meeting on this important item by February 17, 1987. Action by the Council is expected to follow shortly there- after." CWD:CJJ:jdp g L101 MEMORANDUM • TO: Mayor and City Council FROM: City Manager Carl J. Jullie C RE: City Hall Space Needs DATE: September 12, 1986 At the September 4th Special Meeting, the Council received a repor t f r o m M r . Steve Kellogg of Welsh Co's regarding the options addressing City H a l l S p a c e needs. These options are summarized as follows: Alternate I. Use of Existing Facility and Temporary Buildings Under this option we would continue to use the present facility at t h e Co. Rd. 4 site and add some temporary modular buildings to accommodate our additional space needs. A. Operating Costs of Present Building: Year 1 $ 52,500 " 2 55,125 n1 3 57,881 $165,506 B. Set-up and Rental Cost of Temporary Buildings: Year 1 $ 43,050 + $50,400 = $93,450 " 2 50,400 3 50,400 $194,250 C. Operating Cost of Temporary Buildings: (based on 8,000 Sq. Ft.) Year 1 $ 16,560 " 2 17,520 3 18,607 $ 52,68/ Year 1 $162,510 " 2 123,045 126,888 $412,443 Avg. = $137,481/yr. Alt. I would provide relief of our space needs, however the space created would be awkward to utilize efficiently. Because of separate entrances, staff and the public would probably have to go outside in order to interact with other departments. Visually, t h e temporary buildings would present a rather poor image of our City ' s governmental operations and the standards we expect for new development in our community. Most likely we would not allow a developer to pursue such a site plan. TOTALS FOR ALT. I: I. 3 -2- Alternate II. Use of Existing Facility and Partial Staff Relocation to Leased Space. Under this option we would continue to use the present facility at the Co. Rd. 4 site, but also lease an additional 8,000 sq. ft. in an appropriate building at some other site. The trailer at the present site would be removed and replaced with one temporary building. Annual Costs of Alt. II are as follows .. A. Operating Costs of Present Building: Year 1 $ 52,500 " 2 55,125 3 57,881 $165,506 B. Set-up, Rental & Operating Cost for One Temporary Building: Year 1 $ 16,130 " 2 10,141 3 10,329 $ 36,600 C. Rental and Operating Costs of Leased Space (8,000 sq. ft.) Year 1 $ 52,000 " 2 100,560 " 4 104,000 $256,560 D. Extra costs due to splitting staff operations (i.e. extra receptionist, travel time between offices, extra telephone lines) Year 1 $ 35,932 " 2 31,932 3 31,932 $ 99,796 TOTALS FOR ALT. II: Year 1 $156,562 " 2 197,758 3 204,142 $558,462 Avg. = $186,154/yr. Alternate II would involve the splitting of City Staff as follows: Administration, Human Services, Finance, Assessing and Community Services Staff would move to the leased space. Building Inspections, Engineering and Planning would remain at the present site. The temporary building would provide lunchroom and conference space. This alternative solves our space needs, however the separation of City Departments is very undesirable. All departments at City Hall interact on a frequent and daily basis. The separation will make good communications inconvenient which enhances the potential for errors and reduced job performance. - 3 - Alternate III. Leasing approximately 22,000 sq. ft. and move all City Hall Departments to new site, including provisions for Council Chambers. Under this option we would lease sufficient space in an appropriate facility so that all City departments could be moved to a site with adequate space to accommodate our needs for the next several years. The present facility on Co. Rd. 4 would be leased to the Eden Prairie School District and/or other public/quasi-public uses are possible. The Superintendent of Eden Prairie Schools has indicated that the School District has need for additional space for their Community Education programs, especially in the popular Family Education series. Dr. McCoy Indicated that the District could pay up to $4 per sq. ft. for whatever space we could make available. A lease agreement could be prepared quickly, however actual funding would not be available until July of 1987. A very feasible plan could be to lease about 6,000 sq. ft. of the present City Hall to the School District. The remaining space could be reserved for Senior Citizens activities and also space could be provided for PROP (People Reaching Out to People). These would all be uses beneficial to the community and also very compatible with the neighborhood surroundings. Other viable.uses could include space for the Community Theatre group, the Community Band, and also the Historical Society needs storage and museum space. (Please refer to attached memo from Community Services Staff). Amnual costs for Alt. III are as follows: A. Lease approximately 21,500 sq. ft. including operating costs (elec., gas, cleaning, & parking lot mtnce) and property taxes. $112,162 270,092 279,331 $661,585 B. Other 1st Year Costs: Moving $ 18,000 Movable Partitions & Furniture 20,000 Council Chambers Furnishings 25,000 Telephone & Other Moving Costs 10,000 $ 73,000 Year 1 " 2 n 3 TOTALS FOR ALT. III: Year 1 $185,162 " 2 270,902 Is 3 279,331 $734,585 Avg. = $244,861/yr. Alternate III has several positive aspects: . Satisfies our space needs and keeps City Hall staff together. . City Council meetings and other Board/Commission meetings can occur at the City Hall site so that staff will have ready access to files, maps, etc. at meting times. . The committee process for determining a permanent City Hall facility can proceed at reasonable pace without the time pressure of having poor existing City Hall space. . For less than $60,000 per year (difference between Alt. II & III) we can keep City Hall staff together and avoid the potential for any adverse results of separating staff. . City Hall staff morale will be impacted very positively. It is recommended that the Council chose Alt. III and direct staff to negotiate a 3-year lease agreement for approximately 22,000 square feet at the Edenvale Executive Center. Also staff should be directed to make appropriate arrangements for utilization of the present City Hall site by the School District, Senior Citizens, and PROP (or use a committee process to determine these uses). CJJ:jdp - 4 - MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Carl Jullie, City Manager Bob Lambert, Director of Community Services September 4, 1986 Proposed Uses for City Hall Building The City Council will be considering several options for providing City administration office needs. One of those options is to remove all of the staff from the existing City Hall building and lease space somewhere else within the community. If this option is considered, the obvious question is what will happen to the existing City Hall building? The Community Services Staff believe the Council should consider creating a community building that would house a number of services that are growing needs within the community including the following: A. A Senior Center large enough to provide services for the growing senior population. B. A location for the PROP offices. C. A public transportation office center that would provide a coordinated control area for the Southwest Area Transit Program, the PROP volunteer transportation program and the Senior Citizen Transportation Program. D. A historical center that would provide a temporary museum to store the historical artifacts that have been collected within Eden Prairie and are presently stored in various resident's homes. E. A cultural arts center for the community that would provide a focal point for development of programs in the various arts. SENIOR CENTER The existing Senior Center is not able to handle any event where all of the Seniors involved in the program are invited. The meeting room at the Senior Center can only seat approximately half of the Seniors that would like to attend large dinners, celebrations, etc. If the lower half of the City Hall were developed as a Senior Center, a large community room should be developed that would comfortably seat 125-150 people around tables. This area would be used for the potluck meals that are regulary held at the Senior Center, cards, bingo and other games, speakers and dances. Another large area should be reserved for a game room for pool tables, TV viewing, a reading room, etc. A kitchen facility could be developed in one of the storage rooms adjacent to the restrooms. One or two smaller rooms should be retained for an office for the Senior Center Coordinator, and for small meetings that often occur for classes on filling out income taxes, estate planning, Senior Board meetings, preparation of the Senior Newsletter, etc. The community room could also be used evenings by other public service organizations for their meetings. PROP The existing facilities for PROP are extremely crowded and the coordinator of PROP stores much of the supplies, etc. in her basement. The existing City Hall would be an ideal location for the PROP offices, as they would be in the same building with the Seniors, the Senior Coorinator and the public transportation program. This program would require an office and a large storage room. PUBLIC TRANSPORTATION Public transportation in Eden Prairie will be actually provided by three different groups - PROP, the City through the Senior Center Coordinator, and the Southwest Area Transit Commission. PROP is already talking to the City staff about the possibility of shared use of the City van, and the City staff have discussed coordinating future routes of the SWAT system to serve the elderly and low income housing areas. It seems to make sense to house these three existing transportation programs within the same facility to eliminate duplication as much as possible and to perhaps share staff if that is feasible. HISTORICAL CENTER The Historical Society and the Historical and Cultural Commission have been searching for a publicly owned secure area to store the items collected by the Historical Society over the years. These items are presently stored in a number of private homes throughout the City and, therefore, have a way of disappearing. If the City could provide an area that could be secured from the rest of the building, the existing collection could be put on display for scheduled tours by the school, private groups or by the City. It has also been suggested that, in this first step toward a museum, a room could be provided to display various resident's collections. For example, every two to three weeks a different collection could be displayed for public appreciation. Examples could be as far ranging as from butterfly collections to baseball cards. CULTURAL ARTS CENTER The City of Eden Prairie has actively supported a variety of programs for its citizens, especially in the area of adult and youth sports; however, the promotion of the arts has been pretty much left up to groups such as the Community Theatre, Community Band and the Community Choir, etc. The Community Services Staff believe that if the City provided a facility for developing various programs within the arts such as the Community Theatre, perhaps initiating a children's theatre and providing not only a display area for local artists, but a permanent studio arts center for allowing people to pursue their creative abilities in the area of drawing, painting, sculpture, pottery, and even photography would flourish. There are,.many foundations that provide funds for the arts; however, a common requirement for most of these grants is that a permanent facility be provided to Insure an angoing program. All ol -these programs might be considered "extras" that aren't really necessary; howeverthe Community Services Staff believe they are as "necessary' as any of the other recreational services the City presently provides. If the City Council does decide.tOinoye the entire staff out of the City Hall, the Community Services Staff Strongly urges the City Council to consider committing this building to these uses. Its location within a neighborhood park provides a perfect setting for all of the functions described above. Although, the Community Services Staff do not have a defined program for space requirements for each of these programs, if the City Council believes it is worthwhile to pursue this idea, the Community Services Staff will be happy to organize a committee with representatives from the various programs to work with an architect on developing "a program and building plan that would meet the needs of these various groups. BL:md