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HomeMy WebLinkAboutCity Council - 02/17/1987AGENDA HOUSING & REDEVELOPMENT AUTHORITY TUESDAY, FEBRUARY 17, 1987 7:30 PM, SCHOOL ADMINISTRATION BUILDING BOARDROOM HOUSING & REDEVELOPMENT AUTHORITY MEMBERS: Gary Peterson, Dick Anderson, George Bentley, Patricia Pidcock, and Paul Redpath HOUSING & REDEVELOPMENT AUTHORITY STAFF: City Manager Carl J. Jullie PLEDGE OF ALLEGIANCE ROLL CALL I. CALL MEETING TO ORDER II. APPROVAL OF AGENDA III. MINUTES A. HRA meeting held February 18, 1986 B. HRA meeting held December 16 1986 IV. OTHER BUSINESS V. ADJOURNMENT. Page 293 Page 294 TUESDAY, FEBRUARY 17, 1987 AGENDA EDEN PRAIRIE CITY COUNCIL IMMEDIATELY FOLLOWING HRA MEETING, SCHOOL ADMINISTRATION BOARDROOM - COUNCIL MEMBERS: CITY COUNCIL STAFF: Mayor Gary Peterson, Richard Anderson',: George Bentley, Jean Harris, and Patricia Pidcock City Manager Carl J. Juilie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary' Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS City Council Agenda - 2 - Tues.,February 17, 1987 II. MINUTES A. City Council meeting held Tuesday, January 20, 1987 (c o n t i n u e d from February 17, 1987T-- B. City Council meeting held Tuesday, February 3 1987 III. CONSENT CALENDAR A. Clerk's License List B. 2nd Reading of Ordinance No. 4-87 pertaining to Human R i g h t s & Services Commission C. Resolution No. 87-36 Appointment of Election Judges for t h e March 19th Referendum D. Resolution No. 87-47 Appointing Members of the Housing & Redevelopment Authority E. Final Plat Approval for Coachman's Landing 5th Addition ( V i l l a g e Woods Drivel Resolution No. 87-39 F. Final Plat Approval for Eaton Addition (Division of Eato n Corporation) Resolution No. 87-40 G. Authorize conveyance of City property to Mn/DOT for co n s t r u c t i o n of TH 5 (SW corner of TH 5 and Mitchell Road) Resolut i o n N o . Ti7-38 H. Resolution No. 87-37 Amending Resolution No. 86-277 A u t h o r i z i n g the Acquisition of Tax Forfeited Land for Public Right - o f - w a y a n d Approving Parcels for Public Auction IV. PUBLIC HEARINGS A. SUBURBAN NATIONAL BANK/PRESERVE MEDICAL BUILDING by Sup p l e e ' s 7-Hi Enterprises, Inc. Request for Comprehensive Guide P l a n Change from Low Density Residential to Office on 1.09 a c r e s , Zoning District Change from Rural to Office on 1.09 acr e s w i t h variances to be reviewed by the Board of Appeals and Pr e l i m i n a r y Plat of 1.09 acres into one lot for the construction of a t w o - s t o r y office building. Location: South of Anderson Lakes Par k w a y , west of County Road 18. (A continued Public Hearing fro m J a n u a r y 20, 1987) B. Vacation of sections of Franlo and Bluff Road through th e Bluffs East 4th Addition (ResolutionNo. 87-41) C. CARDINAL CREEK 6TH by New American Homes Corporation. R e q u e s t for Comprehensive Guide Plan Amendment from Medium De n s i t y Residential to Low Density Rsidential on 31.2 acres, Zon i n g District Change from Rural to R1-13.5 on 31.2 acres, and Preliminary Plat of 39.5 acres into 59 single family lot s , t h r e e outlots, and road right-of-way. Location: North of Ca r d i n a l Creek Road, west of 1-494. (Resolution No. 87-44 - Co m p r e h e n s i v e Guide Plan Amendment; Ordinance No. 6-87 - Rezoning; a n d Resolution No. 87-45 - Preliminary Plat) Page 295 1 Page 309 Page 334 Page 336 Page 341 Page 343 Page 344 Page 347 Page 350 1 Page 351 I Page 315 & 13 Page 357 Page 359 City Council Agenda (Corrected Page 3) - 3 - Tues.,February 17, 1987 Page 372 D. EDENVALE 21ST ADDITION by Breco Corporation. Request for Zoning District Change from Rural to R1-9.5 on 5.52 acres with Preliminary Platting of 7.34 acres into 18 single family lots, one outlot, and road right-of-way. Location: South and east of Edenvale Boulevard, west of Woodland Drive (Ordinance No. 7-87 - Rezoning; Resolution No. 87-46 - Preliminary Plat) Page 380 V. PAYMENT OF CLAIMS VI. ORDINANCES & RESOLUTIONS A. 1st Reading of Ordinance No.5-87 Amending Sec. 5.30 of the City Code Regarding Amusement Centers VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request for Funding for Architectural Assistance from the Residents Advisory Committee on City Administrative Offices VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS A. Appointment of Council Representative to the Southwest Corridor Coalition B. Appointment of two members to the Firemen's Relief Association C. Board of Appeals & Adjustments - 2 Appointments (three-year terms commencing March 1, 1987) D. Building Code Board of Appeals - 2 Appointments (1 for a three-year term commencing March 1, 1987, and 1 to fill an unexpired term to 2/28/88) E. Development Commission - 4 Appointments (2 for three-year terms commencing March 1, 1987, 1 to fill an unexpired term to 2/28/88, and 1 to fill an unexpired term to 2/28/89) F. Flying Cloud Airport Advisory Commission of Eden Prairie - 4 Appointments: 2 Resident Representatives -(177or a 3-year term and 1 to fill an unexpired term to 2/28/88 and 1 for a three year term commencing March 1, 1987), 1 Flying Cloud Businessmen's Representative (three-year term commencing March 1, 1987), and 1 Metropolitan Airports Commission Representative (three-year term commencing March 1, 1987) G. Historical & Cultural Commission - 2 Appointments (two-year terms commencing March 1, 1987) H. Human Rights & Services Commission - 4 Appointments (3 for three- year terms commencing March 1, 1987, and 1 for a one-year term expire 2/28/88) I. E4Ltl, Recreation & Natural Resources Commission - 2 Appointments (three-year terms commencing March 1, 1987) J. Planning Commission - 2 Appointments (three-year terms commencing March 1, 1987) Page 388 C. o. E. F. City Council Agenda - 4 - Tues.,February 17, 1987 A. B. K. Bicentennial of the U.S. Constitution - 5 Appointments REPORTS OF OFFICERS BOARDS & COMMISSIONS Reports of Council Members Report of City Manager 1. Discussion on Cost Participation in the Environmental ,Impact Statement Process for T.H.-212— 2. Orientation Process for New Board and:Commission -Members 3. Emergency Operating Plan Report of City Attorney Report of Director of Planning Report, of Director of Community Services 1. Request:Authorization to Complete the Homeward Hills Park Plan 2. Use of Alcohol in Parks 3. Officially Naming Parks Report of Director of Public Works 1. Approve Layout Plan for TH5/CSAH No. 87-42 NEW BUSINESS ADJOURNMENT 4 Intersection (Resolution Page 390 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 20, 1987 COUNCIL MEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE 7:30 PM, SCHOOL ADMINISTRATION BUILDING BOARDROOM Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock 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 ROLL CALL: Councilmember Anderson arrived at 8:25 PM. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: X. A. 1. Bentley - Request for formation of Special Task Force: XI. 1. Set Special City Council Meeting for Tuesday, Feb- ruary 10, 1987, for Interviewing Candidates for Board Posi- tions. After discussion as to the appropriate procedure, the consensus was to continue to the next meeting the consideration of the Housing & Redevelopment Authority minutes of January 2, 1987. City Manager Jullie noted that Item VII. C. TECHNOLOGY PARK 7TH, could now be placed on the Consent Calendar as the developer has agreed to the previously-contested item in the Developer's Agreement and has signed the agreement. MOTION: Bentley moved, seconded by Harris, to move Item VII. C. TECHNOLOGY PARK 7TH to the Consent Calendar as Item III. M. Motion carried unanimously. MOTION: Pidcock moved, seconded by Bentley, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II. MINUTES A. City Council Meeting held Tuesday, December 16, 1986 City Council Minutes -2- January 20, 1987 City Manager Jullie said that, relative to the motion on page 13 to continue discussion of the trail system issue to tonight's meeting, Staff will bring this item back at a later meeting after further analysis and study is com- pleted. MOTION: Bentley moved, seconded by Pidcock, to approve the Minutes of the regular City Council meeting held Tuesday, December 16, 1986, as published. Motion carried with Harris abstaining. B. City Council Meeting held Tuesday, January 6, 1987 The following change was made to the Minutes: page 4, paragraph 5 -- delete the entire paragraph and replace it with the following: "As a point of information, Mayor Peterson ccmmented that the Community Health Services Act names the Hennepin County Board of Commissioners as the Health Board so it is no longer necessary for the City of Eden Prairie to appoint its own Health Officer. The present Health Officer appointed by the County Board is Dr. Richard Raile." MOTION: Bentley moved, seconded by Pidcock, to approve the Minutes of the regular City Council meeting held January 6, 1987, as amended and published. Motion carried unanimously. III. CONSENT CALENDAR A. Clerk's License List B. Acceptance of Historical & Cultural Commission's Recommenda- tion on Holasek House C. Fee Resolution (Resolution No. 87-09) D. J & L Subdivision Special Assessment Agreement for Blossom Road and Bennett Place E. Plat approval for Westwood Industrial Park 3rd Addition (Bury Drive) Preliminary Plat - Resolution No. 87-10; Final Plat - Resolution No. 87-11 F. MWCC Permit Application for Well House No. 7 Cooling Dis- charge Line (Resolution No. 87-19) G. SHADY OAK RIDGE 2ND ADDITION, by Joseph Ruzic, 2nd Reading of Ordinance #54-86, Rezoning from Rural to R1-13.5 for Shady Oak Ridge 2nd Addition; Approval of Developer's Agree- ment for Shady Oak Ridge 2nd Addition; and Adoption of City Council Minutes -3 - January 20, 1987 Resolution #87-12, Authorizing Summary of Ordinance #54 -86, and Ordering Publication of Said Summary. 7.6 acres into 11 single family lots and one outlot. Location: West of Old Shady Oak Road, north of Rowland Road. (Ordinance #54 -86, Rezoning; Resolution #87-12, Authorizing Summary and Publication) H. WELTER'S PURGATORY ACRES, by Crow/Chasewood Minnesota. 2nd Reading of Ordinance #57-86, Rezoning from Rural to R1-13.5 for Welter's Purgatory Acres; Approval of Developer's Agreement for Welter's Purgatory Acres; and Adoption of Resolution #87-13, Authorizing Summary of Ordinance #57 -86: and Ordering Publication of Said Summary. 52.4 acres for single family lots. Location: North of County Road #1, west of Bennett Place, south of Olympia Drive. (Ordinance #57 -86, Rezoning; Resolution #87-13, Authorizing Summary and Publication) I. PRAIRIE ACRES, by Michael N. Sutton. 2nd Reading of Ordi- nance #59-86, Rezoning from Rural to R1-13.5 for Prairie Acres; Approval of Developer's Agreement for Prairie Acres; and Adoption of Resolution #87-14, Authorizing Summary of Ordinance #59 -86, and Ordering Publication of Said Summary. 6.24 acres into 13 single family lots. Location: Southwest quadrant of County Road #1 and Bennett Place. (Ordinance #59-86, Rezoning; Resolution #87-14, Authorizing Summary and Publication) J. EDEN POINTE, by Welsh Companies, Inc. 2nd Reading of Ordinance #61 -86 -PUD -9 -86, Rezoning from Rural to 1-2 Park for Eden Pointe; Approval of Developer's Agreement for Eden Pointe; and Adoption of Resolution #87-16, Authorizing Summary of Ordinance #61-86-PUD-9-86, and Ordering Publica- tion of Said Summary, POD District Review on 60.85 acres, with variances, Zoning District Change from Rural to 1-2 Park, on 2.84 acres into one lot for construction of a 32,700 square foot office/warehouse building. Location: West of Flying Cloud Drive, east of Highway #169. (Ordi- nance #61 -86 -PUD -9 -86, Rezoning; Resolution #87-16, Author- izing Summary and Publication) K. Final Plat approval for Stenehjem Addition (Resolution No. 87-21) L. Set 1987 Board of Review Meeting date for Thursday, May 14, 1987, 7:30 PM, Eden Prairie City Hall M. TECHNOLOGY PARK 7TH, by Technology Park Associates. 2nd Reading of Ordinance #56 -86, Amending Ordinance #36-85-PUD- 6-85, within the Office District; Approval of Addendum to Developer's Agreement for Technology Park 7th Addition; and Adoption of Resolution #87-20, Authorizing Summary of Ordi- nance #56-86, and Ordering Publication of Said Summary. City Council Minutes -4- January 20, 1987 3.74 acres for construction of a 27,700 square foot office building. Location: East of future Golden Triangle Drive, north of Nine Mile Creek. (Ordinance #56-86, Zoning Dis- trict Amendment within Office District; Resolution #87-20, Authorizing Summary and Ordering Publication) Regarding Item B, Acceptance of Historical & Cultural Commission's Recommendation on Holasek House, Pidcock re- ferred to the amount quoted in the Staff Memo of January 14, 1987 of $35,000-$40,000 to move the house to the Cummins-Grill Homestead. She questioned that amount be- cause the original cost to move the house to its present location was only $12,000, and the house is now all pre- pared for moving. She said she would like this matter re-examined. Pidcock further noted that houses such as those at Murphy's Landing have been moved and thus are not eligible for the National Register or for federal or state grants yet they are still very valuable and significant historical buildings. Director of Community Services Lambert said he had asked Mr. Depke, a long-time house mover from this area, about the cost to move the house and had received a quote of $35-$40,000 to move the house. He said that, if the His- torical & Cultural Commission was interested in the building, he would have gone out to get written quotes to move the house; however, he said the Commission felt they have enough problems caring for the two sites they have now and they did not want to take on a third one. He said he and Sandy Werts had inspected the building and reported back to the Commission on its condition. Peterson said if the Historical & Cultural Commission had no interest in it, he didn't know why we should want to study the issue further no matter what the cost to move it might be. Pidcock said she believed this has been looked at too briefly and she would like to see further study done on it. Bentley said he thought it must have been studied enough to determine it wasn't eligible for the National Register or for federal or state grants. He said he was concerned that the structure does not seem to have a place or a pur- pose, nor is there anyone interested in dealing with it. Harris asked if there is any other purpose the house could be used for other than the Historical & Cultural Commission. Lambert said there have been a couple of Staff meetings City Council Minutes -5- January 20, 1987 with this item on the Agenda, and to date they have not arrived at any use for the building. He said perhaps the best proposal was to use it as an Art Center, but that would require extensive remodeling and renovation to make it useful. He said a new building could probably be con- structed for about the same cost as the cost to move and remodel this one. Bentley asked if there is any problem associated with con- tinuing the item in order to review the information discussed with the Historical & Cultural Commission and then return with a clearer recommendation. Lambert said the current owners have indicated that the building can be left where it is until spring, but that they do call every two weeks or so regarding the status of this. MOTION: Bentley moved, seconded by Harris, to continue this item and refer it back to Staff for further review and study, with further review by the Historical & Cultural Commission if the Staff study uncovers new and relevant information. Motion carried unanimously. Pidcock said she had questions on Item C. Fee Resolution as to the amounts and increases in the fees. MOTION: Pidcock moved, seconded by Harris, to delete Item C from the Consent Calendar and add it as Item X. B. 2 on the Agenda. Motion carried unanimously. MOTION: Bentley moved, seconded by Harris, to approve Item A and Items D - M on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. MEADOW PARK 3RD ADDITION, by J B & D, Inc. Request for Comprehensive Guide Plan Change from Public Open Space to Low Density Residential on approximately 13.5 acres, Zoning District Change from Rural to R1-13.5, and Preliminary Plat of 31.5 acres into 29 single family lots and one outlot and road right-of-way. Location: Northwest quadrant of Home- war4 Hills Road and Sunnybrook Road. Continued Public Hear rig from December 16, 1986 (Resolution #86-292, Com- prehensive Guide Plan Amendment; Ordinance #58-86, Rezoning; Resolution #86-293, Preliminary Plat) City Manager Jullie said this item was continued from the December 16th meeting to allow time for consideration of the response from the DNR regarding possible incursion to the wetland area on the northern balance of the property. City Council Minutes -6- January 20, 1987 Planning Director Enger said the DNR determined that four of the proposed lots encroached on the preserved waters area and the developer then dropped those four lots from the project. He said the Planning Commission and Staff recommend approval of the project. Bentley asked if the road on the north is still platted on the adjacent property. Harold Peterson, representing proponent, responded that this has been resolved with Mr. Williams, the adjacent property owner. He said pro- ponent has a verbal agreement whereby Williams will give them an easement and in return proponent will build the improvements at no cost to Mr. Williams. Mr. Peterson said the agreements will be written up and submitted as soon as possible. Bentley asked Director of Public Works Dietz if it is nor- mal policy to build a city-owned street with just an ease- ment. Dietz replied that we do have roads constructed on easements, including some in the Major Center Area, but the City does prefer to have title to the property. Dietz noted that when Mr. Williams' property is platted in the future, we would require dedication at that time. Bentley asked if this project can be built without the improvements to Sunnybrook Road. Enger said the improve- ments are required. Bentley then noted that Council action on the petition for Sunnybrook Road street and utility improvements that will be considered as a later item on the Agenda will have an impact on this project. There were no comments from the audience. MOTION: Bentley moved, seconded by Harris, to close the Public Hearing and to adopt Resolution No. 86-292 amending the Comprehensive Guide Plan from Public Open Space to Low Density Residential on approximately 13.5 acres. Motion carried unanimously. MOTION: Bentley moved, seconded by Harris, to give 1st Reading of Ordinance No. 58-86 for rezoning from Rural to R1-13.5. Motion carried unanimoualyT MOTION: Bentley moved, seconded by Harris, to adopt Reso- lution No. 86-293, approving the Preliminary Plat of Meadow Park 3rd Addition for J B & D, Inc. Motion carried unani- mously. MOTION: Bentley moved, seconded by Pidcock, to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. City Council Minutes -7- January 20, 1987 Dietz noted that there had been discussion at the Public Hearing on December 2nd relative to the placement of a sidewalk along the west side of Homeward Hills Road from the housing area to Anderson Lakes Parkway. He said Staff has determined this would be difficult to build but that it can be done; however, it would have to be done with City funds. He said he does not have an estimate at this time and that it will have to be included in the budget at some future time. Bentley asked if Staff has recommended that proponent be asked to construct the sidewalk to the northern end of the property. Dietz said they would be asked to construct it to the point where the property is not buildable. VOTE ON THE MOTION: Motion carried unanimously. B. SUBURBAN NATIONAL BANK/PRESERVE MEDICAL BUILDING, by Supplee's 7-H.I. Enterprises, Inc. Request for Comprehen- sive Guide Plan Change from Low Density Residential to Office on 1.09 acres, Zoning District Change from Rural to Office on 1.09 acres with variances to be reviewed by the Board of Appeals and Preliminary Plat of 1.09 acres into one lot for the construction of a two-story office building. Location: South of Anderson Lakes Parkway, west of County Road #18. (Resolution #86-305, Comprehensive Guide Plan Amendment; Ordinance #62-86, Rezoning; Resolution #86-306, Preliminary Plat) Continued Public Hearing from December 16, 1986 Planning Director Enger said proponent has requested a delay in their presentation to the Planning Commission; therefore, it would be appropriate to continue this item to the February 17th meeting of the Council. MOTION: Pidcock moved, seconded by Harris, to continue this item to the February 17, 1987 meeting of the City Council. Motion carried unanimously. C. Vacation of Drainage and Utility Easements in Ridgewood West Plat 3 (S.E. corner of Cumberland Road and Knollwood Drive) Resolution No. 87-17 City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Bentley asked if this was primarily a housekeeping item. Jullie said it was. There were no comments from the audience. City Council Minutes -8- January 20, 1987 MOTION: Bentley moved, seconded by Harris, to close the Public Hearing and to adopt Resolution No. 87-17, Vacation of Drainage and Utility Easements in Ridgewood West Plat Three. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 32219 - 32449 Regarding Item 32230 to Mark VII Sales in the amount of $29.40 for wine, Harris asked why this is a much smaller amount than other such payments. Bentley suggested it could have been a special order. Jullie said he would check into it and get back at the next meeting. Regarding Item 32292, Peterson asked whether items such as these purchased from Chanhassen Lawn & Sports could not be purchased within Eden Prairie. Jullie said he would check on that also. MOTION: Bentley moved, seconded by Pidcock, to approve the Payment of Claims Nos. 32219 - 32449. Roll call vote: Bentley, Harris, Pidcock and Peterson voted "aye." Motion carried unani- mously. VI. ORDINANCES & RESOLUTIONS There were none. VII. PETITIONS, REQUESTS & COMMUNICATIONS A Receive Petition for Sunnybrook Road Street and Utility Improvements (west of Homeward Hills Road, adjacent to Meadow Park 3rd Addition) and authorize preparation of a Feasibility Report, I.C. 2-109 (Resolution No. 86-300) Continued from December 16, 1986 Director of Public Works Dietz said it was appropriate to receive the petition from proponents for Meadow Park 3rd Addition for improvements to Sunnybrook Road inasmuch as the project was approved tonight. He said Staff recommends the preparation of a Feasibility Report on the improvements. MOTION: Harris moved, seconded by Pidcock, to adopt Reso- lution No. 86-300, authorizing preparation of a Feasibility Report for Sunnybrook Road Street and Utility Improvements (west of Homeward Hills Road, adjacent to Meadow Park 3rd Addition), I.C. 52-109. Motion carried unanimously. B Request from Prairie Lutheran Church to appeal decision of Board of Appeals & Adjustments and set hearing date for Tuesday, February 1987 City Council Minutes -9- January 20, 1987 MOTION: Pidcock moved, seconded by Bentley, to approve the request from Prairie Lutheran Church to appeal the decision of the Board of Appeals & Adjustments and to set a hearing date for Tuesday, February 3, 1987. Motion carried unanimously. VIII. REPORTS OF ADVISORY COMMISSIONS There were no reports. IX. APPOINTMENTS A. Appointment of Councilmember to serve on the Southwest Suburban Cable Commission Mayor Peterson noted that Councilmember Bentley has in- dicated a willingness to serve on the Cable Commission. MOTION: Peterson moved, seconded by Pidcock, to appoint George Bentley to serve on the Board of Directors of the Southwest Suburban Cable Commission. Pidcock asked how often the Commission meets. City Manager Jullie said the full Commission meets once a quarter. VOTE ON THE MOTION: Motion carried unanimously. Pidcock asked Jullie about the current activities of the Cable Commission. Jullie responded that one of the issues coming up is the establishment of an institutional network He described the proposed network and some of the questions and issues involved in such a network. He also noted that the School District has expressed concern about possible erosion of the cable company's commitment to public access and said we have asked the cable company to respond to that concern. A discussion followed regarding the relation- ships of the School District and the City to the cable company. X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Bentley - Request for formation of Special Task Force Bentley noted that the PUD for the Major Center Area was put together in 1973-1974 and many things have happened in the meantime to impact the direction that was envisioned for the area. He said there is a lot of pressure for development on the undeveloped parcels in the Major Center Area and, under the current desig- nations, we have no concept control over development City Council Minutes -10- January 20, 1 987 there except through the normal review control. He said there are also some on-going transportation con- cerns that should probably also be addressed. Bentley said he was proposing that we form a task force made up of two or three Councilmembers, the City Manager, the Planning Director and two other individuals that would; (1) review the existing Major Center Area PUD relative to how current development has impacted that PUD; (2) make an effort to draw input from the property owners in the Major Center Area as well as others as to what type of development is being envisioned; and (3) formulate our own ideas as to what types of development we would like to see occur, such as establishing a store-front type of shopping area or establishing some sort of special use area. He said this would also lead to looking at such issues as the need for intersection work at the intersection of Prairie Center Drive and Hwy. 5. Bentley said he suggested that the task force have no particular time-line placed upon it and that the meetings be workshop-type meetings open to the public. He said they could then come back to the Council when a report is ready for review, go from there to the Planning Com- mission for a formal review process, and then return to the City Council for any ultimate action. Pidcock said she thought it sounded wonderful and that it falls under strategic planning. Bentley said, while it very likely does fall under strategic planning, he is concerned that some of the prerogatives we have in that area today may not be available if we wait for the strategic planning process to be completed. He said he thought it was an important enough issue that nothing will be hurt by pulling it out of the strategic planning process and putting it into this framework and in addi- tion, might indicate the concern the Council has for what the development of this area will be. Pidcock said we could start the process with that. Peterson said that we would probably extract this from the strategic planning process anyway in order to look at it individually because of the magnitude of the project. Pidcock commented that she has wanted to get us working on a strategic plan for two years now. Bentley said this could plug into that as part of the process. Harris said she thought there was a certain immediacy about that area and, considering the complexity of City Council Minutes -11- January 20, 1987 developing that area, she thought it probably does warrant some special attention. She said she was not clear on where we are in the whole strategic planning process. City Manager Jullie said we have received a couple of proposals from facilitators of strategic planning and Staff is meeting with one of them in a couple of weeks to get more details. He said he would like to have some time to review the results of that meeting to make sure that is the best approach for us. Harris asked if it would take about two years before the final results were in place. Jullie said that going through the exercises and getting a plan in place would be six months or so, but we would then have to implement some kind of action plan. Peterson noted one of the most significant rationales for this proposal is that we might be able to make some more specific types of designation within the Major Center Area. He asked City Attorney Pauly what the legal parameters are in regard to specifying types of development. Pauly said the Council would have to reverse the procedure used to date whereby the developer comes in and requests rezoning by taking the initiative - and pre-zoning particular parcels for a specific class of use. Bentley said the purpose of the task force would be to review the current development, gather data, discuss it and then come back with some suggestions. He said in the process we may find some way of accommodating a third alternative. Peterson asked Enger and Jullie for their comments. Jullie said he thought it would be a good exercise but his primary concern would be the Staff time required for a real in-depth study. Jullie said he would suggest the possibility of consultant help for much of the tech- nical work and that such help might enhance the credi- bility of the work to the community. Bentley said he thought the best course might be to start with the task force committee and see if there is a need for a consultant. He said they could then come back to the Council and make a specific request for funding if it appears there would be large amounts of work to be done. City Council Minutes -12- January 20, 1987 Planning Director Enger said he would like to prepare a status report of current development in the Major Center Area because of what such a task force study might lead into. He said he felt the primary need for such a study is that since we have so little land left in the Major Center Area that isn't spoken for and planned, we should determine if we have specific uses in mind for the land that remains. He said he could get back to the Council at the next meeting with a report summarizing the composite view of the land use of the Major Center Area. COUNCILMEMBER ANDERSON ARRIVED AT 8:25 PM. Harris said she liked Mr. Enger's suggestion and felt that such a report would give a point of reference to further discussion of the issue. MOTION: Harris moved, seconded by Pidcock, to direct Staff to prepare a status report of development in the Major Center Area to be presented at the next Council meeting as background for further discussion of the suggestion for establishing a task force on develop- ment of the Major Center Area. Bentley expressed his concern that because those prop- erties left are coming under intense pressure for development, any lengthy delay in making a decision on doing this might preclude our ability to do it. Pidcock said this may give impetus to our strategic planning. VOTE ON THE MOTION: Motion carried unanimously. 2. Fee Resolution (Resolution No. 87-09) City Manager Jullie said he would like to continue this item to the next meeting so that the information could be presented to show last year's fees as well as the proposed fees for 1987. He said the changes for 1987 are fairly minor. MOTION: Pidcock moved, seconded by Bentley, to con- tinue this item to the February 3rd meeting of the City Council. Motion carried unanimously. B. Report of City Manager 1. Authorization to remove house adjacent to the Public Safety Department on Mitchell Road City Council Minutes -13- January 20, 1987 City Manager Jullie noted that this is the house called the Schulz property south of the Public Safety building. He said the Public Safety officer who had been renting it has now moved out. While PROP was initially interested in using the property, he said they have since declined to pursue it. He said Staff believes it would be better in the long-term to have the house removed from the property because it is in need of major maintenance work. He asked for authorization to offer the house for sale. MOTION: Bentley moved, seconded by Harris, to offer the house adjacent to the Public Safety. Department on Mitchell Road for sale with the understanding that it will be removed from the property. Motion carried unani- mously. C. Report of City Attorney There was no report. D. Report of Director of Community Services There was no report. E. Report of Director of Public Works 1. Award Contract from Homeward Hills Road, 52-" 03A (Resolution No. 87-18) Director of Public Works Dietz reviewed the bids received for improvements to Homeward Hills Road and noted the recommendation to award the contract in the amount of $370,456.40 to Rice Lake Contracting as the lowest responsible bidder. MOTION: Bentley moved, seconded by Harris, to adopt Resolution No. 87-18, accepting the bid of Rice Lake Contracting in the -amount of $370,456.40 for I.C. 52-033A, Homeward Hills Road improvement, Anderson said he has some concerns about upgrading that road without a defined crossing area being established for the new elementary school on Ander- son Lakes Parkway. He said he would like to hav e this investigated to determine whether a signal light or underpass is required before the school opens this fall. He said this improvement to Homeward Hills Road will open the entire corridor -14- up to Anderson Lakes Parkway and will increase the traffic around the new school. Peterson suggested that this issue be a separate motion. VOTE ON THE MOTION: Roll call vote: Anderson, Bentley, Harris, Pidcock and Peterson voted "aye." Motion carried unanimously. MOTION: Anderson moved, seconded by Pidcock to direct Staff to review the issue of a safe crossing for the new elementary school and park on Anderson Lakes Parkway and to return to the Council with recommendations on where and how the crossing will be effected. Bentley said he was not sure Staff understood what was expected of them. City Manager Jullie said he thought the reference was to some sort of signal device for an at-grade protected crossing in addi- tion to the existing underpass. Anderson said that was correct, and that he did not want to pay the bussing costs for children living across the street from the school when we can plan now to provide a safe crossing. VOTE ON THE MOTION: Motion carried unanimously. XI. NEW BUSINESS 1. Set Special City Council Meeting for Tuesday, February 10, 1987, for Interviewing Candidates for Board Positions MOTION: Bentley moved, seconded by Peterson, to set a Special City Council Meeting for Tuesday, February 10, 1987, at 7:00 PM in the School Administration Building Boardroom for the purpose of interviewing candidates for Board and Commission appointments. Motion carried unani- mously. XII. ADJOURNMENT MOTION: Bentley moved, seconded by Harris, to adjourn the meeting at 8:50 PM. Motion carried unanimously. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 3, 1987 COUNCIL MEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE 7:30 PM, SCHOOL ADMINISTRATION BUILDING BOARDROOM Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock 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 ROLL CALL: All members were present I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: III. H. Set a Meeting of the Housing & Redevelopment Authority for February 17, 1987, for the purpose of approving the minutes of January 2, 1987; IX. A. Appointment of Councilmember to serve on the "Preserve Area G" review committee; X. A. 2. Bentley - Southwest Corridor Coalition item; X. A. 3. Pidcock - Emergency Operation Plan (E.O.P.); X. A. 4. Harris - Discussion of letter of January 26th from Wilcox; X. A. 5. Peterson - Document for Manager's Performance Review The following items were changed on the Agenda: change Item VI. A. Fee Resolution to be Item VII. D; change Item VI. B. 1st Reading of Ordinance No. 4-87, TaTiTURing to Human Rights & Services Commission to be Item VII. E. MOTION: Anderson moved, seconded by Pidcock, to approve the Agenda and Other Items of Business, as amended and published. Motion carried unanimously. II MINUTES A. Joint City Council/Parks, Recreation & Natural Resources Commission/Bond Re erendum Committee Meeting held Thursday, January 15, 198Z The following change was made to the Minutes: page 4, paragraph 1, sentence 1 -- change "figure" to "differential." City Council Minutes -2- February 3, 1987 MOTION: Bentley moved, seconded by Harris, to approve the Minutes of the Joint City Council/Parks, Recreation & Natural Resources Commission/Bond Referendum Committee meeting held January 15, 1987, as amended and published. Motion carried unanimously. B. Regular City Council Meeting held Tuesday, January 20, 1987 MOTION: Bentley moved, seconded by Pidcock, to continue consideration of these minutes to the February 17, 1987 meeting of the City Council. Motion carried unanimously. III. CONSENT CALENDAR A. Clerk's License List B. Final Plat Approval for Welters Purgatory Acres 1st Addi- tion (Resolution No. 87-31) C. Resolution to Correct Street Name in Hidden Glen 3rd (Resolution No. .87-30) D. Resolution No. 87-34, proclaiming February 9 through February 14, 1987 as Vocational Education Week E. Resolution No. 87-35, proclaiming February, 1987 as Heart Month F. Resolution No. 87-22 appointing a Substitute Trustee (Gelco Municipal Industrial Bond - $1,000,000) G. WILLIAMS MINI-STORAGE by Finn Daniels, Inc. 2nd Reading of Ordinance No, 60-86, Rezoning from Rural to 1-2 Park; Approval of Developer's Agreement for Williams Mini- Storage; and Adoption of Resolution No. 87-15, Authorizing Summary c,f Ordinance No. 60-86 and Ordering Publication of Said Summary. 2.67 acres into one lot for construction of a storage complex. Location: East of Hwy. 169, south of the Modern Tire complex. (Ordinance No. 60 -86 - Rezoning; Resolution No. 87 -15 - Authorizing Summary and Publication) H. Set a Meeting of the Housing & Redevelopment Authority for February 17, 1987, for the purpose of approving the minutes of January 2, 1987 MOTION: Bentley moved, seconded by Anderson, to approve Items A - H on the Consent Calendar. Motion carried unani- mously. IV. PUBLIC HEARINGS City Council Minutes -3- February 3, 1987 A. THE TREE FARM by Countryside Investments, Inc. Request for Comprehensive Guide Plan Change from Public Open Space to Low Density Residential on 11.3 acres, Zoning District Change from Rural to R1-13.5 on 33.6 acres, Preliminary Plat of 33.6 acres into 72 single family lots and road right-of-way. Location: South of County Road 1, west of Surrey Street. (Resolution No. 87-23 - Comprehensive Guide Plan Amendment; Ordinance No. 1-87 - Rezoning; Resolution No. 87-24 - Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Ron Krueger, representing proponent, addressed the proposal. Planning Director Enger noted this item was first reviewed by the Planning Commission at the November 24, 1986 meeting, at which time it was continued to the January 12, 1987 meeting to allow time for the resolution of questions re- garding the density of housing in an area designated as Safety Zone B. He said the Planning Commission at the January 12th meeting recommended approval on a 5-0 vote of the Comprehensive Guide Plan Amendment from Public Open Space to Low Density Residential on 11.3 acres, rezoning from Rural to R1-13.5 on 33.6 acres and Preliminary Plat of 33.6 acres into 72 single family lots and road right-of- way, subject to the recommendations of the Staff Reports of November 21, 1986 and January 9, 1987. Enger said the Planning Commission also recommended that the developer be responsible for providing directional signage regarding the location of the B.F.I. landfill, Flying Cloud Airport, and the future trail and, further, that the develop- er be responsible for providing this information in writing to future residents. Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission reviewed this item last night and recommended approval on a 7-0 vote, per the recommendations of the Planning Commission and Staff. He said the discussion at the meeting revolved around the sidewalk system which the developer then agreed to revise as shown tonight. Anderson asked if there would be any covenants required that would keep landowners adjacent to the large group of pine trees from cutting down any of those trees that might be on their property. Lambert responded that the City Forester has recommended selective cutting of the trees to improve the overall growth. City Council Minutes -4- February 3, 1987 Anderson replied that he was not concerned with any neces- sary thinning process but rather with protection for the homeowners who purchase their property assuming that the tree stand will remain. Lambert said the current ordinance requires a permit to remove more than 10% of the vegeta- tion but he didn't know of anything beyond that. City Attorney Pauly noted that the City does impose con- servation easements along creek corridors and other special places but that he was not sure such an easement could be applied in this instance. He said if the developer were agreeable to including such a restriction in the covenant entered into by the landowner, it would be effective from an enforcement viewpoint. Krueger said the developer is willing to include some cove- nants but it would require working out the language. He said he thought it was a good idea but was concerned about who enforces it once the homes are built and the covenants are in place. Pauly responded that it can be enforced by all the homeowners on the lots against each other and that the City could also have the same enforcement authority if it could be structured as a conservation easement. Anderson asked Mr. Pauly where approving this development would leave the City in regard to possible expansion of the landfill. Pauly responded that the most obvious effect would be more people who might claim that expansion of the landfill would be detrimental to their property. Pauly also questioned whether it would be appropriate to, in effect, tell the current owner that he can't use his land because of the existence of the landfill and because it may be expanded someday. Anderson then asked if, legally, it is a benefit or not a benefit to the City for this subdivision to be platted at this time. Pauly said it has the potential of creating more people who ultimately might be entitled to some sort of compensation. He said he did not think the City could pre- clude the development on an indefinite basis for that reason alone. Anderson expressed concern about the potential problems with airport noise, particularly in view of the problems experienced in Minneapolis. Pauly responded that it would be necessary to distinguish between a general zoning adopted by the City for the benefit of the City as a whole and the type of zoning adopted for an end in itself, in this case an airport use. Pidcock referred to the memo of January 23rd from Jean Bitter and the Flying Cloud Airport Advisory Commission City Council Minutes -5- February 3, 1987 and asked if there is a designated distance that a project must be from the end of a runway. Enger said the southern portion of this property is designated as the B Safety Zone by the Dept. of Transportation. He said the A-zone is the closest to the runway and nothing should be built in that zone, while the B-zone has restrictions as to density and type of building. He said the response from MNDOT indi- cates that this development meets the criteria for develop- ment within the B-zone. Bentley asked if M.A.C. is currently looking at any noise abatement studies for Flying Cloud airport. Enger replied that the new noise contours for Flying Cloud proposed by the Metropolitan Council are in tighter to the airport and this may be indicative of some operational changes that the Met Council might suggest. Bentley noted that in the past we have encouraged developers to issue disclosure notices at the time the purchase agree- ment is signed and asked whether we should consider dis- closure notice regarding the airport noise potential, the landfill and the possible expansion of the landfill. Pauly replied that he thought it would be a good idea if the developer was in agreement with the suggestion. Mr. Krueger said they had agreed to put signs up at the entrance of the project showing the location of the surround- ing facilities. Bentley asked if the developer would have any objection to disclosure statements that would be signed as part of the purchase agreement. Arvid Schwartz, the developer of the project, said it would depend on how it was worded, particularly in regard to the possible expan- sion of the landfill. Bentley then suggested that the developer could work with Staff or Mr. Pauly's office to work out a properly-worded disclosure statement for buyers of the property. Mr. Schwartz said he would not object to the City working with them to draw up such a statement. Peterson-noted that he was not particularly confident that such a disclosure statement will produce the desired results in view of such things as possible resale of the properties at a later date or the developer not developing all of the property. Anderson asked if there is any terminology that can be placed in the deed for the property. Pauly said he didn't believe it was possible to have such language recorded on a deed and that it is difficult to make people aware of such things on resale of property. City Council Minutes -6- February 3, 1987 Pidcock asked when the original public notice went out and to how many adjoining property owners. Enger replied that notices are usually sent two weeks prior to the Council meeting and that the notices are typically sent according to quarter sections around the project. There were no comments from the audience. Harris asked about the status of the trail proposed for the project. Kruger responded that, while the City Staff recommended a blacktop trail through the outlot, there is nowhere for it to go at this time so the Parks Commission agreed that a sidewalk system in the project with an ex- tension into the park would be sufficient. Peterson asked if the trail at the base of the cul-de-sac on the south is to be sidewalk or bituminous trail. Krueger said it will be a 5-foot sidewalk. Lambert commented that the sidewalk in that location is going between two homes, that they have requested there be a 15-foot setback from both of the adjacent homes, and that the sidewalk be on an easement on the lot line. Anderson asked if it would be possible to bring the cul-de- sac down to the edge of the park property to facilitate entry of maintenance equipment into the park. Lambert said that would be a better idea but he wasn't sure how it could be done without proponent losing a lot. Enger said it may be possible to extend the cul-de-sac without losing a lot if it were treated as a through street. Peterson asked what the projected surface would be beyond the end of the cul-de-sac if the street were extended. Director of Public Works Dietz said that possibly the terminus of the cul-de-sac could be on park property. Peterson noted that if a bituminous trail goes beyond the end of the cul-de-sac, we have invited the problem of vehicular traffic using that as an access to the park. Anderson said he has seen various types of gateposts and pillars used in the Hennepin County park system and in other cities in the area. Peterson said he understood that for safety purposes we can't put obstructions on the trails. Lambert said it is possible to design a permanent fence and a gate system that is very visible to avoid safety problems. A discussion followed as to how access could be restricted and yet allow access to maintenance vehicles. Pidcock said that she understood from the reading material we are not legally Zone B here and that we can't legally have the restrictions that Zone B would have. Enger res- ponded that, while the Zone B concept has been proposed City Council Minutes -7- February 3, 1987 as a model ordinance, it has never been legally adopted. He said, however, that MnDOT has said this would meet the criteria of Zone B should it be adopted. Krueger asked for clarification of the extension of the cul- de-sac as the developer would have some concerns about people using it as parking for Homeward Hills Park. He said the developer would be willing to work this out with Staff. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 87-23, amending the Comprehensive Municipal Plan from Public Open Space to Low Density Residential. Motion carried unanimously. MOTION: Bentley moved, seconded by Harris, to give 1st Reading of Ordinance No. 1-87 for Rezoning from Rural to R1-13.5 on 33.6 acres. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 87-24, approving the Preliminary Plat of The Tree Farm for Countryside Investments, Inc. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations, with the understand- ing that the following items will be resolved prior to 2nd Reading: the extension of the cul-de-sac; the issue of retention of the trees; the completion of an acceptable disclosure notice; and the setting up of a method of dis- seminating the notice to future property owners. Motion carried unanimously. B. CARMEL 6 & 7 by Hans Hagen Homes, Inc. Request for Planned Unit Development Concept Amendment on approximately 58 acres, Planned Unit Development District Review within an R1-13.5 zoning district on 16.26 acres with variances for lot fron- tage, zoning district change from Rural to R1-13.5 on 0.66 acres, and preliminary platting of 16.26 acres into 27 s single family lots and road right-of-way. Location: North of Fallbrook Road and East of Thornhill Road. (Resolution No. 87-25 - Planned Unit Development Concept Amendment; Ordinance 2-87-PUD-1-87 - Rezoning; Resolution No. 87-26 - Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Ernie Rud, representing proponent, addressed the proposal. City Council Minutes -8- February 3, 1987 Planning Director Enger said this is basically a rearrange- ment of lots to provide ultimate access to the park and to get away from double frontage on some of the original lots. He said the Planning Commission reviewed this item on January 12th and recommended approval on a 5-0 vote, subject to the recommendations of the Staff Report of January 9th. Director of Community Services Lambert said that the Parks, Recreation & Natural Resources Commission reviewed this item at the February 2nd meeting and recommended approval on a 7-0 vote, subject to the recommendations of the Planning Commission and Staff Reports of January 9th and January 30th. Pidcock asked where this project is in relation to the Ruzic property. Enger replied that it is to the northwest of that property. Anderson asked if it would be possible to provide the same sort of extension of the cul-de-sac to allow access to the park as was discussed for the previous item. Lambert said that would be difficult as one of the houses at the end of the cul-de-sac would then be pushed into the marsh. There were no comments from the audience. MOTION: Anderson moved, seconded by Pidcock, to close the Public Hearing and to adopt Resolution No. 87-25, approving the Carmel 6 & 7 POD Concept Amendment to the overall Carmel POD. Motion carried unanimously. MOTION: Anderson moved, seconded by Pidcock, to give 1st Reading of Ordinance No. 2-87-PUD-1-87 approving rezoning from Rural to R1-13.5 on 0.66 acres. Motion carried unani- mously. MOTION: Anderson moved, seconded by Harris, to adopt Reso- lution No. 87-26, approving the Preliminary Plat of Carmel 6 & 7 for Hans Hagen Homes, Inc. Motion carried unanimously. MOTION: Anderson moved, seconded by Harris, to direct Staff to prepare amendments to the Developer's Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. C MITCHELL ESTATES by Ray Mitchell. Request for Zoning Dis- trict Change from Rural to R1-13.5 on 1.04 acres and Pre- liminary Platting of 1.04 acres into two lots and road right-of-way. Location: Southeast quadrant of Scenic Heights Road and Hiawatha Avenue. (Ordinance No. 3-87 - Rezoning; Resolution No. 87-27 - Preliminary Plat) City Council Minutes -9- February 3, 1987 City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Planning Director Enger said this is the division of a 1.04 acre lot into two lots. He said the Planning Com- mission reviewed the item at the January 12th meeting and recommended approval on a 5-0 vote of the rezoning from Rural to R1-13.5 and the Preliminary Plat. Peterson asked if Mr. Mitchell has already purchased the H.T.C. home. Enger said he believed he had. Peterson then asked if it would be compatible with other homes in the area. Enger responded that the Votech homes are given a manufactured housing stamp from the State of Minnesota and do not go through the Board of Appeals process for moving a home. Enger said it will appear different because the style is different and because the other homes in that area are about 20 years old. Pidcock noted that there were no two story homes permitted in that area when the other homes were built. There were no comments from the audience. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading of Ordinance No. 3-87, Zoning District Change from Rural to R1-13.5 on 1.04 acres. Motion carried unanimously. MOTION: Bentley moved, seconded by Harris, to adopt Reso- lution No. 87-27 approving the Preliminary Plat of Mitchell Estates for Ray Mitchell. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 32450 - 32758 MOTION: Bentley moved, seconded by Pidcock, to approve the Payment of Claims Nos. 32450 - 32758. Roll call vote: Anderson, Bentley, Harris, Pidcock and Peterson voted "aye." Motion carried unanimously. VI. ORDINANCES & RESOLUTIONS A. Final Plat Approval for Bluffs East Fourth Addition, includ- ing Wilkie Request for Access (Resolution No. 87-29) City Manager Jullie said this is the last step in the sub- division zoning and development approval for the Bluffs East 4th Addition. He said the Preliminary Plat of this project was approved on May 20, 1986, and, prior to that approval, the owners of the Wilkie property requested that the City require, as a condition of final plat approval, that access be provided to the Wilkie property which adjoins -10 - February 3, 1987 City Council Minutes the Bluffs East 4th Addition. He said the Wilkies have renewed that request before the final plat approval, as presented in the letter of January 27th with supporting materials from John C. Rosholt, attorney for the Wilkies. He noted the memorandum of December 29, 1986, from City Attorney Pauly on the subject. Wally Hustad, proponent, reviewed the discussions he had with the Wilkies regarding their request for access. He said proponent had refused the request because: (1) it would violate some of the planning criteria set up for the Creek Knolls project back in 1972 that provided pro- tection for some of the knolls along the bluffs; and (2) from a marketing standpoint, a structure on the Wilkie property would interfere substantially with the views on five or six of proponent's lots and thus would impact the value of those lots. Jack Rosholt, attorney for the Wilkies, said that if this request for access is denied, the Wilkies will be losing eight acres of very valuable land. Referring to City Attorney Pauly's memorandum of December 29, 1986, he said that it has been assumed that the Wilkie property could not be used as a private lot; however, he showed a plan that would provide one buildable lot. He said the public is losing an opportunity for a possible contribution of the Wilkies' property if this final plat is approved. Anderson asked Rosholt if there is a possibility that the Wilkies might give or donate that eight acres to the City. Roshold said "yes." Anderson then asked Director of Community Services Lambert if there is any value in ob- taining this property. Lambert responded that the City would like to ultimately own or control this part of the Purgatory Creek valley for preservation purposes and so it would be in the public good to obtain it. Anderson said he had not heard of this possibility until today and that he felt we are obligated to take a look at something that would be of value to the citizens of Eden Prairie. Peterson said it is unfortunate that we didn't hear about this months ago when the project was first dis- cussed. Peterson expressed concern about the condition that there be a road along the creek and that the area be replatted. He said for those reasons he had difficulty in taking the suggestion seriously. Bentley said the preservation of that area would be no less valuable with the approval of this plat than it would be if the plat were denied and an alternate plat were made. He City Council Minutes February 3, 1987 said approval or denial of this plat should have no bearing on the City's position regarding acceptance of this property. He said acceptance of the property as a donation would have to be made contingent on recommendations from the Planning Staff, Parks Commission, etc. Anderson asked how the public will access that parcel of land if the plat is approved and the Wilkies donate the property anyway. Lambert said that with the Bluffs East 4th, 5th and 6th projects there were several outlots along the creek valley that were to be donated to the City, and as part of that donation they will build a public trail down into the creek valley that would provide access to this parcel. He said we want to limit access to the creek valley and he believes we have planned for the best access points. Pidcock asked City Attorney Pauly to clarify the cases he cited in his memorandum of December 29, 1986. Pauly said he cited those cases for the purpose of indicating that a municipality has the right during the planning and develop- ment process to require a reasonable portion of the property under development for public use. He said we have already rezoned the property and entered into a contract that the property will be developed in the manner in which it was preliminarily approved. For the record, Peterson quoted the following portion of page 7 of Mr. Pauly's memorandum referring to the Wilkie property: 'It was purchased without any easement. The purchase price of the land presumably reflected that lack of accessability. Since the owners never did have have public access, they can't claim that the sub- division plan caused their problems. In addition, any 'hardship' they may claim appears to fall under the 'self imposed hardship doctrine.' Under this doctrine, one can not seek to alter zoning regulations and decisions on the basis of 'hardship' if the hardship is self-created. 8 Mc- Quillan 3rd Sec. 25.168 (1983). In this case the owners of the parcel purchased it without an ease- ment over the Developer's land for access. It is not the responsibility of the City to assist them out of this dilema." Peterson noted that the Council did try to resolve this dilemma by encouraging both parties to work this out be- tween themselves; therefore, he felt the Council has done what we can in this matter. City Council Minutes -12- February 3, 1987 MOTION: Bentley moved, seconded by Pidcock, to adopt Resolution No. 87-29, approving Final Plat of Bluffs East Fourth Addition. Mr. Rosholt said if the public isn't going to have access to the creek valley and if all the land along the valley is going to be developed, then the Wilkies ought to be able to develop theirs; however, if the creek valley is to be used by the public, then the Wilkies would like to partici- pate in that. He said either way this plat represents giving one person an opportunity to do something and deny- ing that opportunity to another person. Peterson noted that Mr. Hustad has been prevented from developing certain points out into the valley and if this property were owned by him he would not be allowed to build out on that promontory. Mr. Rosholt said it was their understanding that this knoll is capable of develop- ment and that they have a plan that conforms to the zoning ordinance. Harris asked if the Wilkies could gain access to this property from their land on the other side of the creek. Mr. Rosholt responded that it would be practically im- possible as it is a very steep ravine and the only possibil- ity would be a bridge across Purgatory Creek. Anderson said, since we have not had an opportunity to get information on the donation of this property, he would like to have more time to get more information and to take a good look at what is in the best interests of the people of Eden Prairie. MOTION: Anderson moved to postpone consideration of Reso- lution No. 87-29 for final plat approval of Bluffs East Fourth Addition to the next meeting of the Council. Motion died for lack of a second. VOTE ON THE MOTION: Motion carried with Anderson opposed. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Prairie Lutheran Church to review the Board of Appeals & Adjustments decision on Variance Request #87-04 Merrill Ronning, pastor of Prairie Lutheran Church, presented their request to review the decision by the Board of Appeals & Adjustments. He said the building was initially designed to be all wood in order to fit into the surrounding resi- dential area and they initially requested a variance for 100% wood. City Council Minutes -13- He said that the Board of Appeals granted a variance to permit 35% wood and 65% brick. He said the bids received for such an exterior were extremely high so they then re- quested a variance to allow initial construction of 100% wood with 30% brick to be added within five years. The Board of Appeals then granted a variance to allow initial construction of 70% wood and 30% brick. He said they are now requesting a review of the decision in order to allow exterior construction of 100% wood. Planning Director Enger referred to the Staff Reports of January 28, 1987, January 8, 1987, and September 4, 1986, and the letter from Prairie Lutheran Church of January 12, 1987. He said in reviewing the record of appeals and decisions on this project he determined that the appeal tonight would have to be an appeal of the Board of Appeals & Adjustments decision on their request for 70% wood and 30% brick to be added within five years, and not the appeal for 100% wood. A discussion followed as to the nature of their appeal to- night. A recess was taken to allow time for determination of their exact request to the Council. Following the recess, Enger explained that the request is for an appeal of the decision on the time limit for adding the brick. He said the proponents would like to add the required 30% brick to the Phase 1 construction at the time of the construction of Phase 2, which is expected to occur within five years. Peterson asked if the 30% brick will be less aesthetically pleasing since it had been determined that all wood is aesthetically better. Roger Sjobeck, architect for the proponent, said it might be since the original design was for all wood and the building might have been designed differently if they had considered brick during the planning stage. MOTION: Bentley moved, seconded by Harris, to grant the request from Prairie Lutheran Church for appeal of the Board of Appeals & Adjustments decision, per the Staff recommendation that, at the time of expansion, 30% brick will be required for the exterior on the present structure and on the future structure. Motion carried unanimously. B. BIRCHWOOD LABS, INC. Request for Preliminary Platting of 16.5 acres into four lots. Location: East of County Road 4, west of Fuller Road, north of Lincoln Lane. (Resolution No. 87-28 - Preliminary Plat) City Council Minutes -14- February 3, 1987 Planning Director Enger referred to the Staff Report of January 23, 1987, and noted that none of the proponents are in attendance at the meeting tonight. He said he could try to answer questions the Council might have re- garding the preliminary plat. Bentley said he was not sure Mr. Enger should be the one to answer any questions the Council might have; therefore, he thought perhaps the item should be continued until such time as the proponents can be present. Anderson said this is a question of procedure and the direc- tion in the past has been to continue the item until pro- ponent can attend the meeting. Pidcock asked if it would be in the best interests of the Planning Staff to continue this item. Enger said it would be a favor to both the Council and Staff to dispose of the request tonight if there are no questions about the item. MOTION: Harris moved, seconded by Pidcock, to adopt Resolu-tion No. 87-28, approving the Preliminary Plat of Birchwood Labs, Inc. Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock, to direct Staff to prepare a Developer's Agreement incorporating Staff recommendations. Motion carried unanimously. Bentley suggested that this procedure be discussed at a Staff meeting and that Staff return with a recommendation for similar situations in the future, inasmuch as he was uncomfortable considering such items without the proponents present. Anderson said his concern is that we are consis- tent. A discussion followed regarding the need for such a procedure and how the situation would have been handled if questions had been asked about the project. C. Receive request from Hoyt Development for extension of Golden Triangle Drive and authorize preparation of a Feasibility Study (Resolution No. 87-32) City Manager Jullie said this is a request from Hoyt Devel- opment for the City to initiate a Feasibility Study as the first step in the possible extension of Golden. Triangle Drive between 76th and 74th Street. He said it is under- stood that the road should be built but there is a question as to the timing. Bradley Hoyt, proponent, reviewed the request for a Feasi- bility Study. He said they have concerns about traffic circulation within the area and there are problems with City Council Minutes -15- February 3, 1987 water pressure due to the lack of a complete water main loop. He said they believe it would serve as a relieving route for Washington Avenue for north and south traffic within the triangle. In addition, he said, while there is no time frame under which the dedication of the right- of-way is required, they don't feel we can uphold the values of the property without this additional access. George Hoff, representing the Relies, said they oppose the proposed extension of Golden Triangle Drive as an assesse d project at this time as proposed by Hoyt Development and that the proposed extension is on Mr. Helle's property. He said their Developer's Agreement says that they would dedicate the roadway and pay to have the roadway and util i - ties installed when they rezone and plat the property. H e said they intend to do that at sometime, but they are not in a position to develop the property at this time. Hoff said that, at this point, if the Council were to ord e r a Feasibility Study as the first step in proceeding with the Chapter 429 approval, their position is that Mr. Hell e would not be required to dedicate the roadway and would expect to be compensated for it. In addition, he said there is valuable fill which can be used in other areas of Mr. Helle's property, and they would expect to be compen- sated for any of that fill used to construct the roadway. In addition, Hoff said if the project goes through on a premature basis, they don't think there would be sufficien t benefit to support an assessment against the property for the road construction. He also said they were not sure th e roadway might not create additional traffic problems rathe r than solve them. Hoff said their request is that the project not go ahead as an assessment as the City's project or, if there is a Feasibility Study, the additional costs he outlined previou s - ly be programmed into the study. - Bentley asked if they are suggesting that this roadway is not a needed improvement for-development of that quadrant . Hoff replied they are not suggesting that. Bentley then asked what the time frame is for development of the Norse- man Industrial Park. Hoff replied it would probably be within the next few years. Bentley then asked if they were aware that we are talking about a Feasibility Study and not about proceeding with a n y construction project. Hoff replied that they are aware o f that. -16- February 3, 1987 City Council Minutes Anderson asked City Attorney Pauly for his response. Pauly said that because this is not being initiated on the basis of a petition by a property owner, approval must be by a 4/5 vote of the Council. Pauly asked Mr. Hoff to review his comments on the additional costs. Hoff said their position is that the following items should be included as additional costs in the Feasibility Study: (1) compensation to the Helles for the road right-of-way as they feel they are under no obligation to dedicate the roadway, as set forth in the Developer's Agreement, because the conditions have not been met; and (2) compensation to the Helles for valuable fill that would be used for construction of the roadway. Pauly then said that if Mr. Hoff's comments regarding the Developer's Agreement are correct, the cost for the road right-of-way would have to be included as part of the costs for the improvement and would have to be assessed back to the benefitted property owners. He said he was not sure the improvements would be of benefit to Mr. Helle's property but that determination would be part of the purpose of the Feasibility Study. Pidcock asked Mr. Hoyt if he and the owner of the Vantage property had determined what contribution they will make for this Feasibility Study. Mr. Hoyt responded that they have already paid for the traffic study but that he would be willing to take a look at participating in the cost of the study. Director of Public Works Dietz noted that if we get into a project like this, what we can't prevail through the assess- ment process the City will have to pay for. City Attorney Pauly said that, in talking with Mr. Dietz, if there were a serious question about the ability to assess some of the properties that would benefit, their recommendation would be to enter into a contract on condition that the assess- ment be levied and the appeal process be run before the construction process was started. He said this would pro- vide a way of protecting the .City from significant exposure for the cost of the project, but would still include the possibility of paying the cost of a lawsuit and the cost of the Feasibility Study. Bentley noted that the construction of Golden Triangle Drive is not only a necessity but has been a forgone con- clusion from the City's perspective for many years. It is an absolute necessity for proper traffic flow in that area and must be done, from his perspective, the sooner the better. He said he thought only a Feasibility Study will tell us whether the cost associated with the project is something City Council Minutes -1 7- February 3, 1987 that the City or the property owners will be willing to entertain. He said preparing the Feasibility Study is the only way to address this issue. Anderson expressed concern about recent reports that the section of County Road 18 from Hwy. 494 to the Crosstown has the highest accident rate in Minnesota. He said this project represents a means of improving traffic flow in this industrial area which is contributing a lot of the traffic on that section of Cty. Rd. 18. Peterson asked how much the Feasibility Study will cost. Dietz replied it would probably be under $5,000. MOTION: Bentley moved, seconded by Harris, to adopt Reso- lution No. 87-32, ordering Feasibility Report for Golden Triangle Drive. Motion carried unanimously. 2. Fee Resolution (Resolution No. 87-09) Continued from January 20, 1987 Harris said she found the explanation memo from Mr. Frane dated January 29th to be very educational and she would like to see this kind of display whenever we consider simi- lar items. Pidcock asked what was the necessity for raising the fees, such as the fee for installation of L.P. tanks. Bentley commented that there is no difference in the process for inspecting temporary or permanent tanks. City Manager Jullie said both types are inspected one time only and so it was felt the fee should be the same. Harris asked for a clarification of the Indoors/Outdoors figures under Section 3.9, Park Facility Fees. Director of Community Services Lambert said those numbers are not fees but rather indicate the capacity of those facilities. Peterson asked for clarification of the use fee and deposit fee on such facilities as the Round Lake Park Pavilion. Lambert said the deposit fee is paid above and beyond the use fee and is returned if nb damage occurs to the facility. Peterson then asked about the deposit for the Outdoor Cen- ter. Lambert said this is twice the deposit on the other facilities because this is the Senior Center building and there is more potential for damage in this facility. Pidcock asked who rents the Outdoor Center. Lambert said we haven't rented it up to now but we will when the Seniors have moved to the lower level of the City Hall building. He also noted that the Seniors will be given first oppor- tunity to rent the Outdoor Center and will not be charged for its use. City Council Minutes -18- February 3, 1987 Lambert then reviewed some additional amendments the Parks Commission recommended at their meeting last night. He said they recommend two use fees for the Round Lake and Staring Park facilities, one for families and one for com- panies. Families would be charged a use fee of $25.00 and a damage fee of $25.00 while companies would pay $50.00 for use and a $50.00 deposit. He said the Parks Commission also recommended that the fee for use of the outdoor hockey rinks from 9-10 PM be reduced to $15.00, which would cover the actual costs incurred. City Attorney Pauly recommended that the last sentence reading, "All Resolutions of the City of Eden Prairie, Minnesota, relating to fees heretofore adopted are hereby repealed" be deleted. Anderson asked if it is typical for all school districts to get 100% of gate fees at all hockey events. Lambert said their review of this question in 1980 revealed dif- ferent policies in different districts but that they could go back and do another survey. Anderson asked if they pay us back for the costs incurred. Lambert said they pay for any extra costs incurred at the Community Center. Pidcock asked if it might be a good idea to set a percent- age of the gate fees beyond a certain level that would be returned to the Community Center. Lambert said the cur- rent arrangement had been worked out between the Council and the School District but Staff would be willing to re- view this. Anderson noted that the hockey team is playing in a differ- ent league now; therefore, the gate receipts are considerably more. He said he would like to get some figures on atten- dance now compared to two or three years ago. Lambert said they could do a survey of what the arrangements are between schools and arenas in the Lake Conference. Pidcock said she would like to see the results of that report. Harris said she thought it might be useful for Staff to make some ballpark projections as to what we might gain from a change in the procedure. MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 87-09, regulating fees and charges for Business Licenses, Permits and Municipal Services, subject to the changes recommended by the Parks, Recreation & Natural Resources Commission and with the deletion of the last sentence regarding the repeal of all previously adopted fee resolutions. Motion carried unanimously. City Council Minutes -19- February 3, 1987 E. 1st Reading of Ordinance No. 4-87, pertaining to the Human Rights & Services Commission Peterson said he wished to convey to Ms. Swaggert and the Human Rights & Services Commission a commendation for a very thorough and complete reworking of the document. City Attorney Pauly called attention to a typographical error in the proposed ordinance: page 4, paragraph 2, change "adopted" to "amended". MOTION: Anderson moved, seconded by Bentley, to give 1st Reading to Ordinance No. 4-87, as amended. Motion carried unanimously. VIII. REPORTS OF ADVISORY COMMISSIONS There were no reports. IX. APPOINTMENTS A. Appointment of Councilmember to serve on the "Preserve Area G" review committee Peterson noted that, as mentioned in the Memorandum for tonight's meeting, the Council needs to make a new appoint- ment to the "Preserve Area G" review committee to replace former Councilmember Redpath. He said Councilmember Bentley has expressed interest in serving on this committee. MOTION: Anderson moved, seconded by Harris, to appoint George Bentley to serve on the "Preserve Area G" review committee. Pidcock said she would like to know more about what the committee does. Bentley said the area involves the com- mercial area in the northwest quadrant of T.H. 169 and Prairie Center Drive that includes the car wash and other businesses. He said through negotiation the City arranged an agreement with the developer whereby a control group would review on-going development of the whole piece of property in terms of compliance with a pre-determined design framework. Pidcock asked how many people are on the committee and how often the committee meets. Planning Director Enger said it is a three-member committee composed of a Councilmember, a Staff representative, and Larry Peterson of the Preserve. He said while it is a very small area, it is prezoned and the committee is charged with administrating the design framework manual. City Council Minutes -20- February 3, 1987 Pidcock asked how long the committee will continue. Enger responded that it will go on until the area is fully de- veloped. Pidcock then asked how often they meet. Enger said they meet according to need. Pidcock then expressed concern that she had never been in- formed about the existence of this committee and she was wondering if there might be other committees that Council- members belong to that she was unaware of. Anderson said it might be of interest to all of us to find out all the committees on which Council representation is needed and asked that a list of committees or groups with Council representation be prepared by the next Council meeting. A discussion followed regarding such committees and the best means of determining such a list. VOTE ON THE MOTION: Motion carried unanimously. X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Discussion on review of Major Center Area Land Use Peterson referred to the memo of January 30th on the Major Center Area from Director of Planning Enger and said that he didn't want to get into an exhaustive re- view of this. Bentley commented that he didn't think a lengthy discussion of the issue was necessary and suggested that the task force he proposed at the last Council meeting be composed of the Council itself. He also suggested that this be considered outside of the regular Council meetings since it is a broad issue that will require hours of discussion and may serve as the beginning of the long-range planning process. He said this would also serve the goal of working to develop team effort within the Council. Bentley said he had three suggestions for the Council: (1) to continue review of the information provided; (2) to ask Mr. Enger to proceed with those specific issues mentioned in his memo; and (3) to set a date that the Council could meet for a workshop session to begin the process of going through this. Harris said she would support Mr. Bentley's suggestions. She said she was impressed with the document itself and with the obvious thought that has been given in this area. She said she thought the suggestions in the memo should probably be accepted and that this deserves a special work session where we can expand on certain issues or questions that arise from reading the material. -21 - Enger said he was trying to respond to the Council's request to pull together all the policies, ordinances and studies that City Staff is using currently to come up with recommendations to developers for what are appropriate land uses in the Major Center Area. He said he thought the City has done a good job of continuing the effort started in 1973 with the original study. He said he hoped to communicate some comfort level to the Council that, while the M.C.A. does re- quire some looking at, there has been some effort on this already and that the recommendations in his memo would provide some general direction to future efforts. Peterson said he thought we have to resolve a procedur- al question here as to whether this process should proceed from the Planning Commission to the Council or from the Council to the Planning Commission. Harris said she is seeking additional information and under- standing before she can respond and she would like to sit down with Staff and talk through this. Anderson said, in view of the new appointments to be made soon to the Planning Commission, it would be appropriate to set up a joint meeting of the Planning Commission and the City Council to go through this material. Bentley said he thought it is ultimately going to be very important for the Council to learn to work to- gether in workshop sessions. He said two years ago the Council made a commitment to work together in work- shop sessions; however, so far that has not happened. He said that he doesn't feel the Council is in any position to make recommendations on this issue to the Planning Commission until the Council has reviewed a lot of the material to see what we want to recommend. Peterson said that after reading Mr. Enger's report, he was less convinced that we need to move quickly as things are being tended to. He said he was not sure how best to proceed on this. Pidcock said she liked Mrs. Harris' suggestion that we get to know about this on a one-to-one basis with the Staff rather than taking the Planning Commission in right away. Peterson said he thought as a consequence of even one work session we will have a clearer understanding of how else and who else to be involved in this issue. MOTION: Harris moved, seconded by Pidcock, to set a special Council work session on the Major Center Area City Council Minutes -22- February 3, 1987 report for Tuesday, February 24, 1987, at 3:00 PM in the City Hall lunchroom, with the understanding that if any of the Councilmembers cannot attend the session it will be rescheduled. Motion carried unanimously. 2. Bentley - Southwest Corridor Coalition item Bentley said there is a meeting tomorrow morning of the Southwest Corridor Coalition to appoint a specific committee for an E.I.S. study. He said he agreed to take part in this and that one of the agenda items is discussion about potential financial participation by all the communities involved in the preparation of an E.I.S. on Hwy. 212. Because they are expecting each community's representative to respond to the issue tomorrow, he said he wanted to get a consensus as to whether we would want to consider participating at this point in time. Peterson said he thought most of us are relatively un- informed as to what the Southwest Coalition is involved in and he didn't understand the implication of this issue so he would not be prepared to make a recommenda- tion to participate financially. A discussion followed regarding the current activities of the Coalition. Bentley said the gist of this issue is that it was felt the Hwy. 212 project would stand a much better chance of being funded if the participating communities would pay for the E.I.S. rather than waiting for the State to pay for it. He said this has been done by other communities or groups of communities with some degree of success. Pidcock said she thought it would be in our best in- terests to be open to consideration of this. Harris said she thought it was particularly important to be flexible in order to see if there will be strength on this issue. Peterson asked if we have a Staff representative to the Coalition. Director of Public Works Dietz said he attended the last meeting and will be at tomorrow's meeting. Bentley said from the historical perspective the Council did address this issue several years ago and took the position that under no circumstances would the Council participate in an E.I.S. because there was no commit- ment on the part of the state to participate in the project. City Council Minutes -23- February 3, 1987 Pidcock asked Dietz his opinion on the concept that the state will not do an E.I.S. unless the cities fund it. Dietz responded that the consensus is that if you come up with some money and show everyone you care, you can probably get something going. He said an E.I.S. can cost up to $600,000 with the State possibly paying $300,000 of the total. Peterson said he was sure that, prior to any commitment, we would want an in-depth analysis by Staff and Council. Anderson said he would like to get a report on this at the next meeting. 3. Pidcock - Emergency Operation Plan (E.O.P.) Pidcock said she has some grave concerns about our E.O.P.; however, she thought it should be discussed at some other time in order to allow sufficient time to take a good look at it. She said she was concerned that both of the main officers on the plan do not live in Eden Prairie. MOTION: Pidcock moved, seconded by Harris, that this item be put on the agenda for the February 17, 1987 meeting. Motion carried unanimously. Peterson suggested that Mrs. Pidcock give City Manager Jullie a list of questions to facilitate the discussion of this item. 4. Harris - Discussion of letter of January 26th from Wilcox Harris asked for more background information on the subject in Dr. Wilcox' letter. Director of Community Services Lambert said Eden Valley is a neighborhood park on the northwest corner of Hwy. 4 and Duck Lake Trail. He said they plan to grub out part of the wooded area for a picnic area and they have written a letter to Dr. Wilcox explaining what is planned for that park. Anderson asked if we have a plan for that entire area. Lambert said we do. Anderson then asked about the reference in the letter to the tree that was taken down. Lambert said trees three inches and under in diameter are removed if they are in the path of the 12-foot swath for the path, whereas the path will go around any trees of more than four inches in diameter. 5. Peterson - Document for Manager's Performance Review City Council Minutes -24- February 3, 1987 Peterson noted the section in the document that refers to Evaluation Philosophy. He suggested that Mrs. Pidcock and Mrs. Harris work with Natalie Swaggert to review and make recommendations relative to comparative evaluations and to submit the document for Council con- sideration. MOTION: Bentley moved, seconded by Anderson, to ap- point Councilmembers Pidcock and Harris to work with Ms. Swaggert to make recommendations on comparative evaluations for the Manager's Performance Review and to present the recommendations at the March 3, 1987 meeting. Motion carried unanimously. B. Report of City Manager 1. Request for additional secretarial position MOTION: Bentley moved, seconded by Pidcock, to authorize the additional secretarial position, per City Manager Jullie's memorandum of January 27, 1987. Motion carried unanimously. C. Report of City Attorney There was no report. D. Report of Director of Planning There was no report. E. Report of Director of Community Services There was no report. F. Report of Director of Public Works 1. Approve T.H. 5 Revised Layout Plan (Resolution No. 87-33) Director of Public Works Dietz called attention to the revised layout for T.H. 5 improvements on display and reviewed the changes proposed. He said they have re- placed the roadway going under the railroad with an at-grade crossing; however, it looks to him like that project isn't going to go unless there is some final commitment by the railroad on abandonment. Bentley commented that at least they are making a recom- mendation on how they are going to cross the railroad. -25- City Council Minutes February 3, 1987 MOTION: Bentley moved, seconded by Harris r tb-adopt Resolution No, 87 -33, T.H. 5 LAYut Approval. (Wallace Road to Fuller Road). Motion carried unahimousl y . XI. NEW BUSINESS There was none. XII. ADJOURNMENT MOTION: Pidcock moved, seconded byBentley, to a d j o u r n t h e meeting at 11:30 PM. Motiencerried urianimOusly, " CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST February 17, 1987 CONTRACTOR (MULTI-FAMILY & COMM.) American Remodeling, Inc. Archway Sales Blessing A Associates Const. Crawford-Merz Construction Creative Century Builders Dallas Development Co. Hastings & Associates Retail Construction Reynolds Construction, Inc. Rutledge Construction Co. CONTRACTOR (1 & 2 FAMILY) Americana Development Corp. Associated Properties Barnett Builders Bruce Bren Homes, Inc. Builder One of Minnesota Bunnell Construction, Inc. George R. Butler Const. Mark Charles, Inc. Christy Construction Classic Homes, Inc. Consulform Homes Country View Builders, Inc. Durst & Gans Construction Eiden Construction, Inc. Mark Eklo Homes Hestia Homes, Inc. John Kraemer & Sons,Inc. Outdoor Development Springfield Homes R. P. Vogel & Co. SEPTIC SYSTEMS Duane Ritter Excavating Rybak Digging AL Trenching Sullivan's Services, Inc. UTILITY INSTALLER Sullivan's Services, Inc. PLUMBING AAA Abbott Plumbing A Heating A-AACE Plumbing Accent Plumbing Aqua City Plumbing, Inc. Associated Mechanical Contractors Atkins Mechanical, Inc. Backdahl & Olson Plumbing Bowler Cu., Inc. Loren Brown Plumbing Bruce Plumbing Company Clark Plumbing Coppin Plumbing Custom Plumbing, Inc. T. H. Denison Plumbing Design Mechanical Services, Inc. Doc's Plumbing Co. Galaxy Mechanical Contractors Hovde Plumbing & Heating June Plumbing & Heating Nybo-Peterson Plumbing Sunrise Plumbing, Inc. Swanson & Schiager Thompson Plumbing Westonka Plumbing A Heating GAS FITTER Advanced Heating A Air Conditioning Associated Mechanical Contractors Atkins Mechanical, Inc. Backdahl & Olson Plumbing & Heating A. Binder & Son, Inc. Climate Engineering Company Del Air Conditioning, Inc. Frank's Heating A Air Conditioning Kleve Heating & Air Conditioning Metro Brothers Heating A Air Smith Heating & Air Conditioning Standard Heating A Air Conditioning • Superior Contractors, Inc. Thompson Plumbing Heating A Cooling Two CLERK'S LICENSE APPLICATION LIST page two HEATING & VENTILATING Advanced Heating & Air Condtitioning Airflow Systems, Inc. Aldo, Inc. Associated Mechanical Contractors Bergman Heating & Air Cond. A. Binder & Son, Inc. Bostrom Sheet Metal Works Bowler Co., Inc. Climate Engineering Co. Del Air Conditioning, Inc. Desigh Mechanical Services Dronen's Heating & Air Cond. Frank's Heating & Air Cond. Heating & Cooling Two, Inc. Kleve Heating & Air Cond. Master Mechanical, Inc. Metro Brothers Heating & Air Modern Heating & Air Cond. Rich's Heating & Ventilating Smith Heating & Air Cond. Standard Heating & Air Cond. Superior Contractors, Inc. Narkie Heating & Air Cond. WELL DRILLING Bohn Well Drilling Co. Torgerson Well Co., Inc. THE Eden Prairie Center Movies MECHANICAL GAMES Lion's Tap Eden Prairie Center Movies Carousel of Des Moines (Preserve Center) CIGARETTE Griswold Vending Co. The Kunz Oil Company Preserve Rexall Drug Snyder's Drug Store Texaco Tom Thumb Store Twin City Vending Minnesota Viking Food Service Canteen Co. of Minnesota TYPE B FOOD Preserve Rezall Drug Snyder's Drug Store TYPE C F000 Tom Thumb Store The Kunz Oil Comoany 3.2 BEER OFF SALE Tom Thumb Store REFUSE HAULER Woodlake Sanitary Service PEDDLAR Patrick Edward Coty (Christmas Trees) Larry Lee Johnson (Shade Trees) WINE DetellO's Pizza & Pasta KENNEL BTTF S. Williams These licenses have been approved by the department heads responsible for tOe-T ensed tivity. I Pat Sol e, Licensing ORDINANCE NO. 4-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 2.16 BY AMENDING SECTION 2.16, SUBD. 1 AND SUBD. 2 AND ADDING SECTION 2.16 SUBD. 3. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Eden Prairie City Code Section 2.16, Subd. 1 is hereby amended to read: Subd. 1. Establishment and Composition. A Human Rights and Services Commission, composed of seven-4ft [nine (9)] members, is hereby established for the purpose of securing for all citizens equal opportunity in employment, housing, public accomodations, public services and education and full participation in the af- fairs of the City by assisting the Minnesota Department of Human Rights in implementing State laws against discrimination and by advising the [City] Council in long-range programs to impreve eemindnity-reletiens-in-the-Eity [ensure human service needs are met] • Commission members shall serve staggered three-year terms. Section 2. Eden Prairie City Code Section 2.16, Subd. 2 is hereby amended to read: Subd. 2. Duties. Duties of the Human Rights and Services Commission are to: A. Adopt by-laws end-rdies for the conduct of its affairs incirding -the -eleetion7-assumptien-ef-dnties-and-definition ed-respensibiiities-ef-effieers-end-eemmittees. B. Maintein-a-memerandum-ef-areement [Perform the re- sponsibilities assigned to it in any current work share agreement which it has entered into] with the State Department of Human Rights ier-the-parpese-ef-determining-regdietery-and-enfereement-preeeddr e s . C. Enlist the cooperation of agencies, organizations and individuals in the community in an active program directed to create equal opportunity and [to educate the community in order to] elimin- ate discrimination and inequalities. Bv--Formulate-e-human-reiations-pregrem-fer-the-eity-to give-increased-effectiveneos-end-airection-te-the-work-ef-all-inda- vidtais-and-agenciee-addressing-themseiveo-te-pionning,-policy-meking and-ednentionel-pregramming-in-the-area-of-eivil-and-hamon-rightsT ET [D.] Advise the Mayor, the Council and other agencies of the government on human relations and civil rights [issues and] problems. Act in an advisory capacity with-respect-to-planning-er operation-e-any-eity-department [to the City] on issues of civil and human rights and-recommend [. Recommend] the adoption of such specific policies of actions as are needed to provide-far-fail [ensure] equal opportunity in the community. [E. Assist in the development, formulation and implemen- tation of a comprehensive plan to serve as a guideline to ensure that the human service needs of the community are defined and met.] PT--Bereiop-in-eooperation-with-the-State-Department-ef Homen-Righte-sech-progrems-of-fermai-ond-informai-edacetion-as-will essist-in-the-impiementetien-of-the-Minneseta-Stete-Aet-Ageinst-Die- criminetion-and-proride-for-the-eommissionis-assamption-cf-leaderehip in-recegnizing-and-resolving-Potential-Problem-areao-en-the-commnnity7 (F. Review and make recommendations to the Mayor and City Council on the development of and/or funding of activities, programs, agencies, and facilities related to but not limited to the following areas of human services: -2- 1. child/adult protection 2. personal/public health 3. senior citizen services 4. chemical dependency services 5. youth services 6. mental health services 7. community/public education 8. financial/emergency assistance 9. handicapped services 10. transportation 11. child care/day care 12. housing (for special populations) 13. information/referral and coordination] 6T--eentinte-evaimation-ef-eity-eede-previsions-and-pre- eedtres-in-erder-te-aecommedate-Eity-gret:p-hemes-experieneey [G. Recommend to the Mayor and City Council the use of consulting services and resources to address specific human rights and services projects. Participate in selection of consultants and review project progress and recommendations.] HT--Maintain-mn-op-to-date-inventory-of-gretlp-home-laca- tien17-and-pessible-areas-fer-heme-lecatiens-that-may-be-availetbIe7 IT--eversee-the-relatienship-between-facilities-and-its neighberhood-envirenment7-and-suggest-and-eneodrege-communicatien betweem-grettp-hemes-and-the-eommunity-and-initinte-if-necesseryT c7,--Review--applieatiens-fer-gretip-hemes-in-eenferm- anee-with-the-reeltirements-ef-the-Beni.ng-Ehapter7-and-prepere-* repert-whieh-details-hew-each-heme-meets-Eity-eoae-and-State-law previsiens7 KT--Estednii5h-letisen-welpprepriate-5tate-ageneies- end-cerAtnity-grps-that-previde-5ervices-fer-grenp-heme-residents er-are-invelved-in-their-regulatianT--Te -etet-as-a-medietter-ta-reselve prebirms-er-mintnderatandings-between-hemes-and-neiqhbers-er-State agencies -3- 137--Besign-and-reeemmend-implementatien-of-meighberheed and-eemmunity-wide-edneatien-pregrams-te-enable-eitizene-te-better understand-the-needs-and-eepmeilities-of-grenp-heme-residents-and enetbie-greup-heme-resident9-te-better-nnderstand-opperttnities availabie-te-them-within-the-eityT MT—Work-with-the-Stette-and-Eounty-egeneies-inveived-with deinstitut+eneliratien-pelicies-te-give-Eden-Prairie-dee+sien-makers eerreet-anei-advaneed-knewiedge-ef-new-pregrams-er-regniations.: NT [H.] Provide a forum for all citizens to express ideas concerning the-eemmunity-based-serviees-eencept [human rights and services within the community]. 8T--Bevelep-ways-thett-greup-heme-residents-can-better-ettil- ize-eitytre1eustseheec-erganizations-serviees7 PT—Aet-as-coordinator-of-ail-greup-and-fester-hemet-to maximire-their-eommuniention-enabling-better-eeenomie-effieieney-and pregrem-eampatibyT Q7--Assist-aii-st2pervised-residentimi-pregrems-er-seeial rehabilitatien-pregrams-and-perferm-an-funetiens-that-might-be-per- fermed-by-a-Htman-Services-Neede-BeardiEemmittee7 Section 3. Eden Prairie City Code Section 2.16, Subd. 3 is hereby amended to read: [Subd. 3. Removal. Commission members may be removed by the City Council pursuant to City Code, Section 2.10. Just cause for removal includes, but is not limited to, three or more absences from Commission meetings which have not been excused by the Chairperson of the Commission during a 12-month period.] Section 4. This ordinance shall become effective from a nd after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 3rd day of February , 1987, and finally read and adopted and 'ordered published at meeting of the City Council of said City February , 1987. ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the , 1987. -5- ) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-36 BE IT RESOLVED by the City Council of the City of Eden Prairie, that the following persons have agreed to serve as election judges and are appointed for the Referendum Election to be held on March 19, 1987. * Indicates Head Judge for that precinct. PRECINCT lA *Joanne Wronski Anne Thomas Nancy Downey Judy Baker PRECINCT 1B *Helen Haupt Frances Schaitberger Jessie Beyl Kay Nicholson PRECINCT 2 *Alleen Hookom Roberta Bronson Delores Klein Laurina Reiff PRECINCT 3 *Sue Lane Mary Upton Carole Hedlund Ann Parker PRECINCT 4 *Cheryl Bridge Leota Hales Priscilla Bailey Elaine Udsteun PRECINCT 5A *Jim Rannow Bill Jellison June Hanson Bernice Holasek PRECINCT 5B *Shirley Jellison Joyce Myhre Elaine Jacques KING OF GLORY LUTHERAN CHURCH 6630 Tartan Curve 17440 Duck Lake Trail 6970 Ticonderoga Trail 7113 Muirfield Lane EDEN PRAIRIE COMMUNITY CENTER 15709 South Lund Road 9869 Crestwood Terrace 16400 North Hillcrest Court 16201 Hilltop Road EDEN PRAIRIE ASSEMBLY OF GOD CHURCH 16741 Prairie Lane 6236 Eden Prairie Road 15701 North Lund Road 7024 Baker Road EDEN PRAIRIE COMMUNITY CHURCH 6961 Alpine Trail 16163 Edenwood Drive 16441 No. Hillcrest Court 16191 So. Hillcrest Court ST. ANDREW LUTHERAN CHURCH 7272 Gerard Drive 8843 Knollwood Drive 6950 Mariann Drive 12774 Gordon Drive IMMANUEL LUTHERAN CHURCH 16316 Lincoln Lane 9560 Highview.Drive 15711 Summit Drive 10020 Dell Road IMMANUEL LUTHERAN CHURCH 9560 Highview Drive 15011 Summerhill Drive 9021 Riley Lake Road 934-4226 934-9205 934-9565 937-2153 934-9127 934-0987 934-2536 937-1928 934-2550 934-9070 934-9124 937-8820 937-1669 937-2938 934-8009 937-1532 941-8104 934-1746 937-8885 941-3653 937-8237 934-0934 937-8278 934-1185 934-0934 937-2815 934-0944 PRECINCT 6 *Virginia Gartner Ruth Traaseth Carol Meidinger Ethyl Wokasch Lydia Martinson PRECINCT 7A *Adeline Bramwell Rita Anderson Ann Hawkins Mary Helfand PRECINCT 7B *Barbara Call Viola McLain Lyle Johnston Juliete Gleason PRECINCT 8 *Barbara Vanderploeg Judy Miller Pauline Johnston Marian Nesbitt Melody Villars PRECINCT 9A *George-Ann Lillie Bernadine Beauvais Ann Cheatham Leone Barta Nancy Little PRECINCT 9B *Jeanne Brandt Patricia Johnson Cheryl Hansen Carol Hegge COUNTING CENTER Perry Forester Walter Thompson EDEN PRAIRIE METHODIST CHURCH 15701 Cedar Ridge Road 14999 Scenic Heights Road 15918 Cedar Ridge Road 15129 Lesley Lane 8317 Red Rock Road NEW TESTAMENT CHURCH 14329 Fairway Drive 14312 Fairway Drive 18099 So. Shore Lane West 15476 Village Woods Drive SO. SUB. HENNEPIN COUNTY VO-TECH SCHOOL 9205 Talus Circle 14224 Chestnut Drive 8621 Basswood Drive, #18 8633 Darnel Road EDEN PRAIRIE PRESBYTERIAN CHURCH 8735 Leeward Circle 7835 Eden Court 8621 Basswood Drive, #18 8701 Black Maple Drive 7616 Carnelian Lane PAX CHRISTI CATHOLIC CHURCH 17120 Cedar Crest Drive 10285 Amsden Way 9236 Amsden Way 10065 Pioneer Trail 9450 Aspen Circle PAX CHRISTI CATHOLIC CHURCH 12300 Riverview Road 9727 Mill Creek Drive 9445 Aspen Circle 10015 Pioneer Trail EDEN PRAIRIE WATER TREATMENT PLANT 9505 Highview Drive 11325-F Westwind Drive 937-1595 937-1006 937-2840 937-8802 937-8787 937-8987 937-8196 934-2253 934-6704 941-5140 937-1798 944-9308 944-6154 941-5363 937-8653 944-9308 941-2387 934-0448 937-1027 941-8152 941-8592 944-1551 944-2437 941-3316 944-9073 941-8690 941-2707 934-0938 941-1288 ADOPTED BY The Eden Prairie City Council on this 17th day of March, 1987. ATTEST: Gary D. Peterson, Mayor John D. Frane, City Clerk RESOLUTION NO. 87-47 RESOLUTION APPOINTING MEMBERS OF HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY Of EDEN PRAIRIE • :RESOLVED, that the appointment of Richard Anderson; GeOrge-BentleY, Jean Harris, :.Gary Peterson, and Patricia Pidcock, as Commitsionersof the Housing and Redevelopment Authority in and for the City:-.of:Eden Prairie('RRA"), by the Mayor for terMS .cOinCident with eachsuch person's terniof office as '::COuncil person -Of the• • City of Eden prairie and until his or her tUCtetsOr'shall hive been duly appointed • and qualified, is approved. ADOPTED by the Eden Prairie City Council on February 17, 1987, Gary D. Peterson, 'Mayor ATTEST: John D. Frane, City Clerk ADOPTED by the City Council on February 17, 1987.. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-39 A RESOLUTION APPROVING FINAL PLAT OF COACHMANS LANDING FIFTH ADDITION WHEREAS, the plat of Coachmans Landing Fifth Addition has been submitted in a manner requiredfor 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 inci ordinances of the City of Eden Prairie'. ' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THECITY OF EDEN PRAIRIE: A. Plat approval request for'Coachmans landingjifth, Addition is. approved upon compliance with.-the recommendation of the.C1tY Engineer's report on this -plat dated:February ..1.0. 1987 -. 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. 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 February 10, 1987 COACHMANS LANDING FIFTH ADDITION The Developer, Butler Homes, has requested City Council approval of the final plat of Coachmans Landing Fifth Addition. This proposal is a replat of Outlot A, Coachmans Landing Fourth Addition and is located in the South 1/2 of Section 16. The plat contains 5.1 acres to be divided into 12 lots. The preliminary plat (known as Pheasant Oaks) was approved by the City Council on April 18, 1978, per Resolution 78-57. Zoning to RI-13.5 was finally read and approved by the City Council on June 7, 1978, per Ordinance 78-17. The Developer's Agreement referred to within this report was executed on June 28, 1978. The final plat now submitted for approval conforms with the approved preliminary plat. A variance from the requirements of City Code 12.20, Subd. 2.A, waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat will be necessary. All other variance requests must be processed through the Board of Appeals. TO: THROUGH: FROM: DATE: SUBJECT: PROPOSAL: PARK DEDICATION: . The requirements for park dedication are covered in the Developer's Agreement. Bonding shall conform to City Code requirements. RECOMMENDATION: Recommend approval of the final , of COachmant.: Landing Fifth Addition subject to the requirements of this•report, the Developer's Agreement andthe folloWitg:1 : 1. Street lighting, street sign and engineering fees been paid ,. 2. Satisfaction of bonding requirement. OLO:sg cc: Mr. George Butler Jeff Lindgren Page 2, Final Plat Coachmans Landing Fifth Addition 2/10/87 UTILITIES AND STREETS: All utilities, streets and walkways necessary to serve this addition will be installed by the Developer in conformance with City Standards. BONDING: CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-40 A RESOLUTION APPROVING FINAL PLAT OF EATON ADDITION WHEREAS, the plat of Eaton 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 Eaton Addition is approved won compliance with the recommendation of the City Engineer's report on this plat dated February 9, 1987. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision ofthe 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 February 17, 1987. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: THROUGH: FROM: DATE: SUBJECT: PROPOSAL: HISTORY: VARIANCES: Mayor and City Council Members Carl J. Jullie, City Manager David L. Olson, Senior Engineer Technician February 9, 1987 EATON ADDITION Eaton Corporation has requested City Council approval of Eaton Addition which will divide the 46.83 acre parcel located south of Trunk Highway 5 and east of Wallace Road into two lots. Lot 1, Block 1 will encompass two existing buildings within 32.16 acres and will remain owned by Eaton Corporation. Lot 2, Block I contains an existing 66,000 square foot building within 14.67 acres and is proposed for sale by Eaton. The preliminary plat was approved by the City Council on November 16, 1986, per Resolution 86-307. The property is zoned 1-5 Park. All minimum requirements of I-5 zoning are met through this proposal. All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: Utility and driveway access to Lot 2 are presently provided b y Eaton through Lot 1. Prior to release of the final plat, th e applicant must agree to provide sewer and water service from the existing municipal system located south and west of Lot 2 . The property would be subject to special assessments. An easement for driveway purposes and a cross access agreemen t allowing access to Lot 2 across Lot 1 must be provided prior to release of the plat and filed concurrently with recording the plat at Hennepin County. Storm and cooling water retension areas are located on each lot. Prior to release of the final plat, the applicant must provide a detailed drainage plan showing contributing areas and outlet information. The applicant must also indicate future plans for the handling of cooling water into these ponds. 2/9/87 Page 2, Final Plat Eaton Addition PARK DEDICATION: .BONDING: 'RECOMMENDATION: Park dedication shall conform to City Code requirem e n t s . Bonding will conform to city Code requirements. Recommend approval of the final plat of Eaton Additi o n s u b j e c t to the requirements of this report and the following :. 1. Receipt of street lighting fee in the amount of $17 4 0 . 2. Receipt of engineering fee in the amount of $4680. 3. Receipt of,agreement or financial guarantee coverin g the connection Of sewer and water utilities to the municipal system. 4. Receipt of driveway easement and cross access agreement. 5. Receipt of satisfactory drainage plan. 6. Subject toApecial :oiiessments for connection to sanitary sewer and.. water " 010:sg cc: J.R. Pfordresher, Eaton Corp. Brian H. Boren, Eaton Corp. Ron Krueger John D. Franc, Clerk n CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 87-38 RESOLUTION AUTHORIZING SALE OF PROPERTY.TD STATE OF MINNESOTA FOR STATE HIGHWAY #5 RIGHT-OF-WAY WHEREAS, in order to upgrade Highway #5, the State of Minnesota has found it necessary to acquire more right-of-way and temporary construction Casements; WHEREAS, the City of Eden Prairie owns by past purchases:, the properties at the Southwest and Southeast corners of State Highway 0 (14. 78th Street) and Mitchell Road; and WHEREAS, the City Staff has reviewed the proposed plans And concur with the needed acquisition and easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota: The Mayor and the City Clerk are authorized to sign - (1) an "Offer to Sell and Memorandum of Conditions', (2) a _"Warrantt ,Eleed" with the State of Minnesota to sell the needed property and permitting the the temporary easements, for the consideration Of $78,80040. The descriptions of said property acquision ,, temporary easements and . conditions are included in the two documents referred to in this paragraph. ADOPTED by the City Council on February 17, 1987. Gary D. Peterson, Mayor ATTEST: SEAL MEMORANDUM TO: Mayor and City Council THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services DATE: February 11, 1987 SUBJECT: Resolution 87-37 • In late 1186, the City passed Resolution No. 86477 authorizing the acquisition of a parcel of tax forfeited land for public roaCrightof-way„ •That parcel was removed from a list of tax forfeited lands submitted to the: City. by the County. Resolution 86-277, failed to include a paragraph•approving the remaining parcels for public 'auction, Resolution 87-37 amends Resolution 86-277.and lists the remaining parcels that are'approved for public auction. BL:md ADOPTED, by the City Council of the City o f E d e n P r a i r i e t h i s 1 7 t h D a y o f February, 1987. Gary D. Peterson, Mayor ATTEST: John D. Franc, Clerk SEAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA 55344 RESOLUTION No. 87-37 RESOLUTION AMENDING RESOLUTION NO. 86-277 AU T H O R I Z I N G T H E A C Q U I S I T I O N O F T A X FORFEITED LAND FOR PUBLIC ROAD RIGHT-OF-WAY A N D A P P R O V I N G P A R C E L S F O R P U B L I C AUCTION WHEREAS, the City of Eden Prairie has recei v e d f r o m t h e C o u n t y o f Hennepin a list of lands in said municipal i t y w h i c h b e c a m e t h e p r o p e r t y o f t h e State of Minnesota for non payment of real e s t a t e t a x e s , w h i c h s a i d l i s t h a s been designated as Exhibit A attached heret o , a n d WHEREAS, provided in Minnesota Status 282, t h e C i t y C o u n c i l i s a s k e d t o approve the public sale of these parcels, o r t o i n d i c a t e w h i c h p a r c e l s t h e City wishes to acquire for public land use, a n d WHEREAS, the City desires to obtain title to P I N 0 1 , 1 1 0 - 2 2 - 2 2 - 0 0 2 0 f o r public road purposes, and WHEREAS, the remaining parcels from the li s t o f t a x f o r f e t t e d j a h d S a r e non conservation land and have no public use' , NOW, THEREFORE, BE IT RESOLVED, the City Cou n c i l o f t h e C i t y o f . , E d e n - Prairie does request the Board of Hennepin - C o u n t y a p p r o v e t h e a c q u i s i t i o n ' . o f this parcel by the City of Eden Prairie, an d BE IT FURTHER RESOLVED, the City Council of t h e C i t y o f E d e n P r a i r i e d o e s authorize the County to release the followi n g p a r c e l s f o r p u b l i c a u c t i o n ' : P I D numbers: 05-116-22-21-0012, 05-116-22-21-0013, 05-11 6 - 2 2 - 2 1 - 0 0 1 6 , 0 5 - 1 1 6 - 2 2 - 2 1 - 0 0 1 7 , 05-116-22-21-0019, 01-116-22-21-0020, 01-11 6 - 2 2 - 2 1 - 0 0 2 1 , 0 5 - 1 1 6 - 2 2 - 2 1 - 0 0 2 2 , . 05-116-22-21-0024, 05-116-22-21-0025, 05-11 6 - 2 2 - 2 1 - 0 0 2 6 , 0 5 1 1 6 - 2 2 - 2 1 - 0 0 2 7 , 05-116-22-21-0028, 05-116-22-21-0029, 05-11 6 - 2 2 - 2 1 - 0 0 3 2 , 0 5 - 1 1 6 - 2 2 - 2 1 - 0 0 3 5 , 05-116-22-21-0036, 05-116-22-21-0037, 05-11 6 - 2 2 - 2 1 - 0 0 3 9 , 0 5 - 1 1 6 - 2 2 - 2 1 - 0 0 4 0 , 05-116-22-31-0043, 07-116-22-21-0035, 0741 6 - 2 2 - 2 1 - 0 0 3 6 , 0 7 4 1 6 4 2 - 2 1 - 0 0 3 7 , 07-116-22-21-0038, 25-116-22-14-0059 'John D. Frane, Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA 55344 RESOLUTION NO. 86-277 RESOLUTION AUTHORIZING THE ACQUISITION OF T A X F O R F E I T E D L A N D F O R P U B L I C R O A D RIGHT-OF-WAY WHEREAS, the City of Eden Prairie has recei v e d f r o m t h e C o u n t y o f Hennepin a list of lands in said municipali t y w h i c h b e c a m e t h e p r o p e r t y o f t h e State of Minnesota for non payment of real e s t a t e t a x e s , w h i c h s a i d l i s t h a s beeh designated as Exhibit A attached hereto ' , a n d WHEREAS, provided in the Minnesota Status 28 2 , t h e C i t y C o u n c i l i s a s k e d to approved the public sale of these parcel s , o r t o i n d i c a t e w h i c h p a r c e l s t h e City wishes to acquire for public use, and WHEREAS, the City desires to obtain title to P I N ' 0 3 - 1 1 6 - 2 2 - 2 2 0 0 2 0 f o r public road purposes, NOW, THEREFORE, BE IT RESOLVED, the City Co u n c i l o f t h e C i t y o f l d e n Prairie does request the Board of Hennepin C o u n t y a p p r o v e t h e a c q u i s i t i o n o f this parcel by the City of Eden Prairie. ADOPTED, by the City Council of the City of E d e n P r a i r i e t h i s 1 8 t h o f November. 1986. :Gary D Peterson, Mayor. ATTEST: SEAL A DEPARTMENT OF PROPERTY TAX AND PUBLIC RECORDS A607 Government Center Minneapolis, Minnesota 55487-0067 October 29, 1986 City of Eden Prairie John D. Frane, City Clerk-Treasurer 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Mr. Frane: C 27" ,01---/ /...../ro Enclosed is a classification list on non-conservative land located in your uunicipality. The described parcels forfeited to the State of Minnesota for non-paywent of property taxes. As provided in Minnesota Statutes 282, we request that you either approve the parcel (s) for public auction, auction to adjacent owners if MS 282.01, Subd. 7A, is applicable, or request a conveyance to your uunicipality for public use. We require a certified copy of the City Council. Resolution authorizing any action taken. If you request that a parcel be conveyed to your nunicipality, we also require that the faun, "Application By A Govern- rental Subdivision For Conveyance of Tax Forfeited Land", be ccopleted and mailed to this office. Only new special assessments wbiCh were levied after the forfeiture need be certified to this departnent. The remaining balance of any assess- Dent levied previously will be picked up automatically. Please be advised that if the City Council fails to respond within ninety (90) days of the date of this letter, the sale will be deemed to be approved. If you have any questions, you may contact the Forfeited. Land Unit at 348-3734, or myself at 348-6989. Sincerely, Dale G. Folstad, Director Property Tax & Public Records , Sharon Erion Tax Processing Section Supervisor DGF:SE:be Enclosure HENNEPIN COUNTY an equal opportunity employer DEPARTMENT OF PROPERTY TAX AND PUBLIC RECORDS A607 Government Center Minneapolis, Minnesota 55487-0067 October 29, 1986 City of Eden Prairie John D. Franc, City Clerk-Treasurer 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Mr. Frane: C e, it' .1 /../r Enclosed is a classification list on non-conservative land located in your municipality. The described parcels forfeited to the State of Minnesota for non-payment of property taxes. As provided in Minnesota Statutes 282, we request that you either approve the parcel(s) for public auction, auction to adjacent owners if VS 282.01, Subd. 7A, is applicable, or request a conveyance to your mamicipality for public use. We require a certified copy of the City Council .Resolution authorizing any action taken. If you request that a parcel be Ponveyed to your municipality, we also require that the form, "Application By A Govern- mental Subdivision For Conveyance of Tax Forfeited Land", be completed and mailed to this office. Only new special assessments which were levied after the forfeiture need be certified to this department. The remaining balance of any assess- ment levied previously will be picked up automatically. Please be advised that if the City Council fails to respond within ninety (90) days of the date of this letter, the sale will be deemed to be approved. If you have any questions, you may contact the Forfeited.Land Unit at 348-3734, or myself at 348-6989. Sincerely, Dale G. Folstad, Director Property Tax & Public Records Sharon Erion Tax Processing Section Supervisor DGF:SE be Enclosure HENNEPIN COUNTY an equal opportunity employer sitpopf NO: P*40101 PAGE 25 1r/0,C-14MM:111A) LAND HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM LIST OF FORFEITED PROPERTY pOivxoys.ciuticRiptscRipipm EDEN PRAIRIE RATE OF DATE OF JUDGEMENT FORFEITURE BLDG VALUE VALUE . 01-116-22 21 0016 6268 CHATHAM HAY CS-116-22 21 0017 6284 CHATHAM WAY 005 001 B—T INVESTORS INC cHANAm woo 006 001 : 13-1 INVESTORS INC CHATHAM WOOD 03-116-22 22 0020 86.1.61n616181811516161.1116....r C5-116-22 21 0012 ool col 6204 CHATHAM WAY • 05-116-22 21 0013 002 001 6220 CHATHAM WAY MIDWEST ASPHALT CORP REGISTERED LAND.SURVEY no: 1054 HENNEPIN COUNTY. MINNESOTA TRACT p 11.4 INVESTORS INC 04/18/83 05/21/86 --CHATHAH,14000 0-7 INVESTORS INC , • 04118/83 05/21/84 04/18/83 07/23/06 • . • 688 /(414:: R121 DATE: 09/19/86 • rAP RD Q9 inv PROPERTY ADDRESS LOT BLX 15-116-22 21 0019 008 001 16992 CLA1CROSS MAY 05-116-22 21 0020 009 001 16998 CLATCROSS NAY 05-116-22 21 0021 001 002 - 16997 CLATCROSS WAY 15-116-22 21 0022 002 002 65-116-22 21 0024 001 003 6360 CHATHAM WAY 15-116-22 21 0025 002 003 6364 CHANDLER CT 05-116-22 21 0026 003 003 6368 CHANDLER CT 05-116-22 21 0027 004 003 05-116-22 21 0028 005 003 6376 CHANDLER CT 05-116-22 21 0029 006 003 6400 WHITTINGTON WALK 15-116-22 21 0032 003 00.5 tigy 11-7 INVESTORS INC CHATHAM MOB • • 11-4 INVESTORS INC CHATHAM WOOD • C B INVESTMENT INC CHATHAM WOOD 11-7 INVESTORS INC CHATHAM WOOD B—T INVESTORS INC CHATHAM WOOD B—T INVESTORS INC CHATHAM NO00 13-7 INVESTORS INC CHATHAM 14000 11-T INVESTORS INC CHATHAM WOOD B—T INVESTORS INC CHATHAM wopp 5-T INVESTORS INC CHATHAM HOOD,. B-T INVESTORS INC CHATHAWNOOD • 04/18183 05121/86 04/18/83 05/21/86 04/18/83 05/21/86 04/18183 05/21/86 04/18/83 05/21/86 04/18/83 05/21/86 04/18/83 05/21/86 04/18/83 05/21/86 04/18/83 05/21/86 04/16/83 05/21/86 04/18/83 05/21/86 04/16/83 05/21/86 04/18/83 05/21/86 614,. te/..1 ‘,00 17.000 19.000 5.000 5.000 5,000 5,000 22.000 22.000 5.000 5.000 3.000 20.000 20.000 20.000 20.000 PAGE 26 sLop VALUE 5.000 MKT VALUE 25.000 24,000 24,000 27.000 29.000 27.000 23,000 23,000 23,000 23.000 ARKILASIO. • 'IL 42.- Z4AK-PA112-05-41184-400-F-3-OF-SE 1/4 4X-13041)--- PEARL N ROSENDAHL U1PLATTE0 25 116 22 THAT PART OF THE S 150 FT OF N 1/8 OF SE I/4-0F NE 1/4 LYING N OF THE E 290 FT THEREOF AND ELY OF PRAIRIE EAST 2110 ADON -1-1, 4-IN.C,c.C. 1123/ * poy1jA16- (E4,2 t-3) 04/18/83 05/21/86 18.000 %. 15;d14.i ' • • ra' ri lei A.2 REPORT p1421101 HENNEPIN COUNTY-PROPERTY. INFORMATION SYSTEM -LIST:OF:FORFEITED. PROPERTY' • • PREVIOUS OWNER/DESCRIPTION ELATE OF JUDGEMENT EDEN PRAIRIE BT INVESTORS INC CHATHAM WOOD B-T zwisTOOs INC CHATHAM WOCO RUN DATE: 09/19/86 SC TWP PG 00 SFX/ PROPERTY ADDRESS LOT BLK 05-116-22 21 0035 003 006 4., 03-116-22 21 0036 001 007 03-116-22 21 0037 002 007 6251 CHATHAM WAY 15-116-22 21 0039 004 007 6252 HARBOROUGH CT 15-116-22 21 0040 005 007 6254 HARBOROUGH CT 05-116-22 11 0043 018 002 6631 DUCK LAKE RD 07-116-22 21 0035 001 001 %. 18469 VALLEY VIEW RD 07-116-22 21 0036 001 002 18617 VALLEY VIEW RD 07-116-22 21 0037 002 002 16591 VALLEY VIEW RD 16, 07-116-22 21 0038 003 002 18565 VALLEY VIEW RD TOTAL 0U1BER Of ACCOUNTS BY 11U51IC 29 B-T INVESTORS INC CHATHAM uopo 8-7 INVESTORS INC CHATHAM MOOD B-T INVESTORS•INC CHATHAMWOOD courgorsso( ImigsTnpuTs INC HIGH TRAILS ESTATE JARIP 'CORPORATION MAPLE 'LEAF ACRES 9TH ADDITION JARIP CORPORATION MAPLE LEAF ACRES 9TH ADDITION JARIP CORPORATION MAPLE LEAF ACRES 9TH ADDITION JARIP CORPORATION MAPLE LEAF ACRES 9TH ADDITION 04/18/83 05/21/86 04/18/83 05/21/86 04/18/83 05/21/86 04/18/83 05/21/86 05/19/82 06/18/86 04/18/83 05/21/86 04/18/83 05/21/86 04/18/83 05/21/86 04/18/83 05/21/86 04/18/83 05/21/86 DATE OF FORFEITURE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-41 VACATION OF RIGHT-OF-WAY FOR FRANLO ROAD AND BLUFF ROAD IN SECTIONS 25 AND 36 WHEREAS, the City of Eden Prairie has certain right-of-ways described as follows: See Exhibit A WHEREAS, a public hearing was held on February 17, 1987, after due notice was published and posted as required by law; WHEREAS, it has been determined that the said right-of-ways 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 right-of-ways as above described are hereby vacated. 2. The developer shall provide a temporary easement over the traveled portion of Franlo Road as an interim right-Of-way until the new streets in Bluffs East 4th are constructed. 3. 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 February 17, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk EXHIBIT A FRANLO ROAD That part of Franlo Road according to the plat thereof on file in the office of the County Recorder as Document No. 3801550, lying south of the southerly right-of-way of County Road No. 1. BLUFF ROAD That part of Bluff Road as platted in the plat of Creek ,Knolls lying west of Line A described below, and That part of Bluff Road recorded as an easement for public roadway, Quit Claim Deed Document No. 3121585 lying west of Line A described below.:, Line A: Commencing at the northeast corner of Lot 4, Block I, Creek Knolls, according to the recorded plat thereof on file in the office of the County Recorder; thence on an assumed bearing,oflorth,11 degrees 41 minutes 40 seconds East along the east-line of Lot 3, said , Block I, a distance of 11.53 feet to the northeasterly line of said Lot 1:and the point of beginning of Line A; thence North 54 degrees .54 minutes' 36 seconds East 60.00 feet and there terminating. , L) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-45 RESOLUTION APPROVING THE PRELIMINARY PLAT OF CARDINAL HILLS (A/K/A CARDINAL CREEKS 6TH) FOR NEW AMERICAN HOES CORPORATION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Cardinal Hills (A/(/A CardinaL Creek 6th) f o r N e w American Homes Corporation, dated January 5, 1987, consisting of 39.5 acres i n t o 5 9 single family lots, three outlots, and road right-of-way, a copy of which is o n f i l e at the City Hall, is found to be in conformance with the provisions of th e E d e n Prairie Zoning and Platting ordinances, and amendments thereto, and is h e r e i n approved. ADOPTED by the Eden Prairie City Council on the 17th day of February, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-44 A RESOLUTION AMENDING THE CCMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment ; and, WHEREAS, the proposal of New American Homes Corporation for development of Cardinal Hills (A/K/A Cardinal Creek 6th) for Low Density Residential use requires •the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eden Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: 31.2 acres located north of Cardinal Creek Road, west of I-494 be modified from Medium Density Residential to Low Density Residential. ADOPTED by the City Council of Eden Prairie this 17th day of February, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk subdivision. CONDITIONS OF GRANT OF ZONING DISTRICT CHANGES AS TO 39.5 ACRES OF NEW AMERICAN HOMES CORPORATION TO BE KNOWN AS "CARDINAL HILLS" (NORTH OP CARDINAL CREEK) The Cardinal Creek Homeowners Association respectfully suggests that the grant of rezoning of the subject property be made expressly contingent upon: 1. Three (3) Outlets (total 9.9 acres) to be conveyed by Warranty Deed to City of Eden Prairie as a pre-condition to rezoning. 2. Restrictive covenants, restricting 5B hits tosingle family purposes, only, with one dwelling per lot maximum, to be filed of record at time of rezoning and prior to granting of a n y building or construction permit. 3. Development agreement to provide that a barrier is to be erected at present east end of Cardinal Creek Road and to rem a i n in place until closing of first sale of completed home in new 4. Developer's agreement to provide that no construction traffic may use existing Cardinal Creek Road with respect to any construction in the new subdivision at any time. CONDITIONS OF GRANT PAGE 2 5. Road meeting existing Cardinal Creek Road to be renamed as (1) Stonewood Court, or (2) Cardinal Hills Road, (3) Cardinal Ridge Road or (last choice), (4) North Cardinal Creek Road. STAFF REPORT TO: FROM: TWUGH: DATE: PROJECT: LOCATION: APPLICANT: FEE OWNER: REQUEST: Planning Comlission Michael O. Franzen, Senior Planner Chris Enger, Director of Planning January 23, 1987 Cardinal Creek 6th Addition North of Cardinal Creek Road, west of Baker Road, east of 1-494 New American Homes Mark C. Jones 1. Comprehensive Guide Plan Change from Medium Density Residential to Low Density Residential on 39.5 acres. 2. Zoning District Change from Rural to R1-13.5 on 39.5 acres. 3. Preliminary Plat of 39.5 acres into 58 single family lots and three out lots. Background This site is currently guided Medium ..., Density Residential which allows a density up to ten dwelling units per , PROPOSED SITE acre. This site has previously been ; approved in concept for 180 to 208 I multiple family units. Nt Preliminary Plat The preliminary plat depicts the r' subdivision of 39.5 acres into 58, --\; R1-13.5, lots, at an overall density of 1.5 units per acre. Excluding the flood plain area, which is proposed for dedication to the City, the net density would be 1.9 units per acre. Low Density Residential guided areas would allow up to 2.5 units per acre. All of the lots meet the minimum requirements of the Shoreland Ordinance for General Development Waters classification. All of the Cardinal Creek 6th Addition 2 January 23, 1987 lots meet the minimum requirements of the R1-13.5 zoning district with the exception of Lot 20, Block 2, which does not meet the minimum street frontage requirement. As depicted on the plan, additional land would be required from the Griffith property to the northwest to meet the minimum frontage requirement. Grading Extensive grading will be required across the entire site to accommodate building pad locations and for street construction. Road grades are at 7%. The Code would allow an 8% maximum road grade. Approximately 10-15 feet would be cut off the higher portions of the site along the west side of Robin Ridge Road which would be used as fill for lots on the south side of Cardinal Creek extension. This compares with the approved plan for multiple family with 25 to 40-foot cuts and 15 to 25 feet of fill. The hill along 1-494 will be reshaped but the high point at elevation 990 will be maintained. All slopes of 3 to 1 or greater shall be sodded and staked immediately after the completion of overall site grading area. These areas should also be protected with a snow fence. Grading is proposed off-site adjacent to Lot 20 on the Griffith property to the west. The grading is necessary to accommodate the road extension back to Baker Road and to provide for building pads on proposed Lot 20 and future lots on property to the west. The grading of the off-site property will result in the loss of 660 caliper inches of oak trees. Attachment A indicates two alternative ways of relocating the road such that no trees would be lost on this portion of the hill. The alternative route which moves the road approximately 50 feet to the west would require a retaining wall of approximately 10 feet in height. The second alternative route moves the roadway to the west of the Miller household and depicts a potential subdivision of the property for both the Miller and the Griffith piece. Noise Study A noise impact analysis was prepared for this site to project highway noise levels for day and night in order to determine whether or not home sites would comply with these standards and to recommend mitigation measures where they do not. The study indicates that the highest noise levels during the day are between 7 and 8 a.m. and 4 to 5 p.m. The highest nighttime levels are between 6 to 7 a.m. The study indicates that Lots 10 through 14, Block 3, exceed the daytime noise levels. A noise berm of approximately 12 feet in height is proposed and will lower the noise levels to meet the daytime standards. The study also indicates that nighttime noise levels are exceeded on Lots 1 through 23, Block 3; Lots 7 through 16, Block 1; and, Lots 1 through 14, Block 2. The nighttime noise levels can be reduced by approximately one-half through building construction. The study indicates that building elements such as walls, windows, and doors, have the ability to reduce noise, depending upon the type of construction. Acoustical windows, solid core doors, and normal wall insulation, are examples of materials which would reduce noise. Utilities Utilities can be extended into this site by a connection to existing facilities in Cardinal Creek Drive. The storm water run-off plan depicts the flow of water towards the flood plain adjacent to the creek. The storm sewer pipes adjacent to the flood plain should be Cardinal Creek 6th Addition 3 January 23, 1987 extended beyond the end of the lot lines of the proposed house sites and extended into the flood plain outlot. The outlet structures should be landscaped to blend into the natural environment. Sidewalks A sidewalk will be constructed along the north and east side of Cardinal Creek extension. Conclusions A low density residential land use is appropriate on this site and road construction and building pad locations can be accommodated with significantly less grading than the approved multiple family plan. The key to the development of this property is the access out to Baker Road. The road in its current location is not acceptable because of the loss of 660 caliper inches of oak trees. The relocation of the rcadway approximately 50 feet to the south would require the purchase of- some property from the Miller site. A second alternative road location would run through the approximate center of the Miller piece. Since this site is not proposed for any development at this time, if the proposed road is moved the City must decide whether or not it would be appropriate to condemn property for the extension Of the roadway to accommodate a development that does not have direct access to Baker Road at this time. STAFF RECOMMENDATIONS The Planning Staff would recommend approval of the Comprehensive Guide Plan Change from Medium Density Residential to Low Density Residential, a Zoning District Change from Rural to R1-13.5 and a Preliminary Plat of 39.5 acres into 58 single family lots and three outlots based on plans dated December 26, 1986, subject to the following recommendations: 1. Prior to Council review, proponent shall: A. Modify the development plans to provide for an alternative access to Baker Road. 2. Prior to Final Plat approval, proponent shall: A. Submit detailed storm water run-off, erosion control, and utility plans for review by the City Engineer. B. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. 3. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Notify the City and Watershed District at least 48 hours in advance of grading. Stake the proposed grading limits with a snow fence. Any trees lost outside of the grading limits would be replaced on an area inch per area inch basis. Cardinal Creek 6th Addition 4 January 23, 1987 C. Immediately after grading, all 3 to 1 slopes shall be sodded and staked and the limits of these slopes muld be staked with a snow fence. 4. Concurrent with road construction, the developer shall construct a five-foot wide concrete sidewalk along the north and east side of Cardinal Creek Road extension. 5. Developer shall dedicate the outlot areas as depicted on the plat to the City free and clear of all liens, encumbrances, and mortgages. 6. Construction access shall be from the new road not through the existing Cardinal Creek neighborhood. 7. If the proponent does not come up with an acceptable alternative for road access to Baker Road, or is not able to provide access through the Miller parcel, or the City is not willing to condemn property for road access, the development of this property would not go forward until such a time as access were extended in from Baker Road. MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services DATE: January 29, 1987 SUBJECT: Supplementary Staff Report to the January 23 Planning Staff Report Regarding Cardinal Creek 6th Addition The zoning request is for a change from Rural to R1-13.5 on 39.5 acres and preliminary plat of 39.5 acres into 58 single family lots and 3 outlots. The site is currently guided medium density residential, which allows densities of up to 10 dwelling units per acre, and the site has previously been approved for concept for 180 to 208 multi- family units. The Parks, Recreation and Natural Resources Commission concerns regarding this proposal relate to grading, floodplain dedication, tree loss and sidewalks. The January 23rd Planning Staff Report indicates that approximately 10-15 of cut would be required on the higher portions of this site. The fill obtained from these cuts would be used for filling the lots on the south side of Cardinal Creek Road extension. The hill along 1-494 will be reshaped at the high point, but the elevation of 990 will be maintained. The major concern regarding the proposed grading plan relates to the northwest corner of the site. The existing grading plan would require extensive grading into the Griffith property to the west. This grading would result in the loss of 660 caliper inches of oak trees. The Planning Staff Report recommends two alternatives to this grading plan, either alternative would be an improvement to the existing plan. The high wooded ridge located north of the proposed Cardinal Creek Road and east of Baker Road should be preserved as much as possible. This wooded ridge line is a major land form in this part of the community and highly visible from surrounding properties. It is also directly adjacent to Baker Road, one of the major entry roads into neighborhoods in the northeast quadrant of the community. Nine-Mile Creek Floodplain is located on the southwest portion of this site. The city has a policy of requesting developers to dedicate the floodplain. The existing development proposes to dedicate Outlot A, which includes most, but not all of, the floodplain. The Community Services Staff would recommend that the northern line of Outlot A be moved further to the north to more closely follow the floodplain contour. The majority of the site being proposed for development is open grassy slopes and the major concern over tree loss is on adjacent property that will be affected, depending on how this site is graded. The Community Services Staff concur with the extension of a sidewalk along the north and east side of Cardinal Creek Road. If there is a possibility of Robin Ridge Road continuing out to the north, Community Services Staff would recommend a sidewalk along one side of that street as well. The Community Services Staff recommend approval of the request for Comprehensive Guide Plan change and zoning request to R1-13.5 and preliminary plat of 39.5 acres into 58 single family lots subject to the January 23rd Planning Staff recommendations and the recommendation that the rear lot lines that form the northern boundary of Outlot A be adjusted to follow, more closely, the hundred year flood elevation line. BL:md UNAPPROVED PLANNING COMMISSION MINUTES JANUARY 26, 1987 D. CARDINAL CREEK 6TH, by New American Homes Corporation. Request for Comprehensive Guide Plan Amendement from Medium Density Residential to Low Density Residential on 31.2 acres, Zoning District Change from Rural to R1-13.5 on 31.2 acres, and Preliminary Plat of 39.5 acres into 59 single family lots, three outlots, and road right-of- way. Location: North of Cardinal Creek Road, west of 1-494. A public hearing. Mr. Frank Kramer, representing New American Homes Corporation, reviewed features of the development. He explained that this single family detached development was proposed at a gross density of 1.5 units per acre, at a net density of 1.9 units per acre, and that the average lot size was 20,000 sq. ft. He also noted that the design of the development was such that it kept the proposed homes as far away from 1-494 as possible. Gartner stated that the plans indicated that the 100-year flood plain elevation was covering a portion of several lots. She asked about the impact of the flood plain on this proposed development. Planner Enger stated that it was possible to build structures within a flood plain, but that certain standards had to be met. For example, in another portion of the Nine Mile Creek flood plain, a house had been built on pilings, which was acceptable and approved by the Watershed District. Planner Enger noted that the lowest elevation to which fill would be added was 871, while the high water elevation of the 100-year flood plain was 866; therefore, the lowest floor elevation for eaei structure would be at least five feet above the designated 100-year flood plain elevation. The requirement of the flood plain portion of the ordinance was that the lowest floor elevation be at least two feet above the 100-year flood plain elevation. Planner Enger added that it may be necessary to correct the soils under the proposed location of the structures, due to the unstable nature of soils within flood plain areas. This would be checked at the time of building permit request when soil borings were required for the lot. At that time, the poor soils would be required to be removed and stable fill would be used instead. Mr. Ron Krueger, representing the developer, added that soils used for filling were compacted, which actually provided for ,a more stable foundation for structures than some good soils. Hallett asked about the access of this project to Baker Road, given the timing of the upgrading of Baker Road. Planner Enger explained that Baker Road would be upgraded beginning in the Spring, 1987, with completion expected in 1988. He noted that the road would be constructed "under traffic," meaning that traffic would be allowed on the road while the improvements were being constructed. Reubling asked if it would be possible to change the alignment of the road access to Baker Road in order to save trees on the adjacent property. Planner Enger stated that it was possible, but that it would require the developer to work with property owners not involved in this submission. He added that this subdivision was dependent upon the adjacent properties in order to obtain access to Baker Road. Planner Enger stated that the proposed development of the property to the northwest, owned by the Griffith family, had recently been submitted to the City. He stated that between the two developments, it may be possible to work out a different alignment for access to Baker Road in order to save the trees involved. Planner Enger stated that there was one other property owner involved, Mr. Oscar Miller, who did not want to develop at this time, but across whose property an access to Baker Road could be planned. Alignment across the Miller property would prevent the tree loss indicated by the proposed access almost completely. Mr. Oscar Miller, 6521 Baker Road, stated that the proponents for the Cardinal Creek 6th Addition had not spoken with him at any time regarding possible use of his property for realignment of the access to Baker Road. He stated that he was concerned, too, about the development of the flood plain area, that it be safe and not damage the environment. Mr. Miller also asked that the signs located on his property regarding property for sale be removed, or relocated, as he had received many inquiries about whether his property was for sale, when in fact the signs were intended for the adjacent lands. Mr. Miller explained that he was concerned about access to Baker Road. He pointed out that currently, the access to Baker Road existed as an easement, only, and that maintenance of that easement was costly. Mr. Miller stated that he had needed three semi-truck loads of gravel for the easement in 1986 in order to maintain a passable road. Mr. Kramer stated that proponents had been working with the purchasers of the Griffith property regarding a mutually beneficial alignment of an access road to Baker Road. Mr. Krueger stated that his firm was working for the purchasers of the Griffith property, as well, and that their plans indicated that the road would be built on the Griffith parcel, but provide access for the Cardinal Creek 6th Addition, the Griffith parcel, and the Miller property. Chairman Schuck asked if there would be any opportunity for the three parties involved to work together on the proposed road alignment. Mr. Miller stated that he was willing to discuss this with the other two parties. Planner Enger stated that it was the preference of the Engineering Department that the access road to Baker Road be aligned directly across from the driveway to the church on the west side of Baker Road for safety purposes. He pointed out that the road was shown in the current location based on location of property lines, as opposed to the best overall alignment for the area. Mr. Kramer stated that New American Homes would be willing to work with Mr. Miller on a preferred road alignment for all parties. Bye stated that she concurred with Chairman Schuck regarding the coordination of access for the three parties involved, and for the overall benefit of the neighborhood. Mr. Art Roberts, 13543 Woodmere Circle, Vice President of the Car d i n a l C r e e k Homeowners Association, stated that, on behalf of the h o m e o w n e r s ' association, the area residents were pleased with the pla n o v e r a l l , especially as compared to the previously approved plan fo r m u l i t p l e residential development on the same property. He concurred wit h t h e n e e d for adequate access to Baker Road for the property. Mr. Roberts s t a t e d t h a t other concerns of the association were construction traffic, the s i m i l a r i t y of the names of the developments, the width of lots as compa r e d t o t h e existing lots, and the possibility of slightl less density to b e m o r e i n line with the existing homes in the area. Mr. Kramer stated that the proponents were willing to change the n a m e o f t h e development to Cardinal Hills. Mr. Floyd Siefferman, Jr., 6997 Edgebrook Place, stated that h e , t o o , w a s speaking on behalf of the homeowners' association, and presen t e d a l i s t o f requests regarding the project. The list included the foll o w i n g i t e m s : Request for a name change, dedication of the outlots to the Ci t y , c o v e n a n t s restricting the development to single family residential use per m a n e n t l y a n d restricting the number of lots to be built on the property, c o n s t r u c t i o n traffic not be routed through the existing residential area, an d a c h a n g e i n the name of the major road through the project to avoid confusi o n d u e t o t h e horseshoe shape of the road and duplication of addresses that c o u l d o c c u r i n the future. Planner Enger stated that the City would have to review the st r e e t n a m i n g situation with the Public Safety Department to be certain there w o u l d b e n o confusion on their part with respect to the addressing of the ho m e s . Gartner asked about the most northeast road within the proposed d e v e l o p m e n t , questioning whether it would be a permanent cul-de-sac. Pl a n n e r E n g e r stated that it was longer than the standard 500 ft. allowed for a c u l - d e - s a c by the City. He added that Staff had reviewed this road alignme n t w i t h t h i s proposal, and with other proposals on the property, and that i t d i d n o t appear that there were any alternatives for servicing this are a w i t h o u t a long cul-de-sac, due to the topography. MOTION: Motion was made by Gartner, seconded by Anderson, t continue the public hearing, directing Staff to publish the item for the February 17, 1 9 8 7 , C i t y Council meeting, and directing the proponent to return to th e P l a n n i n g Commission at its February 9, 1987, meeting to review the roa d a c c e s s t o Baker Road after discussions with Mr. Miller and the purchas e r s o f t h e Griffith property. Motion carried--6-0-0 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-46 RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDENVALE 21ST ADDITION FOR BRECO CORPORATION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Edenvale 21st Addition for Breco Corporation', dated: - February 9, 1987, consisting of 7.34 acres into 18 single family lots, one Outlo, and road right-of-way, a copy of which is on file at the City Hall, isfoundAo 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 17th day , of February, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk STAFF REPORT TO: FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT: FEE OWNER: REQUEST: Planning Commission Michael D. Franzen, Senior Planner Chris Enger, Director of Planning January 23, 1987 Edenvale 21st Addition South and east of Edenvale Boulevard, west of Woodland Drive Breco Corporation Equitable Life Insurance Company 1. Zoning District Change from Rural to R1-9.5 on 5.52 acres. 2. Preliminary Plat of 7.36 acres into 18 single family lots and one out lot. Background In May of 1986, the Planning Commission reviewed a request from David Schell for 44 townhome units on this site. The Planning Commission recommended that the development plans be returned to the proponents for revision& which included a downsizing of the building mass, fewer units, less grading, and less tree loss. The applicant withdrew the request and did not return to the Planning Commission. Preliminary Plat The preliminary plat depicts the subdivision of 7.3 acres into 18 single family lots and one outlot. The overall density is 2.5 units per acre if the pond is included. This compares with the approved PUD density of 5.8 units per acre. Linden Ponds is 2.35 units per acre to the west of this site. Woodland Addition to the east is 2.37 units Edenvale 21st Addition 2 January 23, 1987 per acre. The pond is a cattail wetland but is not a public water. Excluding the pond, the density on the net land area would be 3.26 units per acre. All of the lots meet the minimum street frontage, dimensional, and square footage requirements for R1-9.5 zoning. Lot sizes range from 9,550 square feet to 26,400 square feet with an average lot size of 11,894 square feet. This compares to Linden Ponds, 9,100 to 13,500, with a 11,800 square foot average, and, Woodland Addition, 9,775 to 23,000 with a 13,000 square foot average. Grading The use of walk-out units and tuck-under units helps minimize overall grading on- site. In order to provide for adequate room for house pads on Lots 1 through 5, fill is proposed within the ponding area below the normal water level or the outlet elevation at 898. Because of the encroachment into the pond, the storage capacity may be reduced. Prior to Council review, the proponents must supply storm water drainage calculations identifying the capacity of the pond and the impact of the fill within the ponding area. All 2.5 to 1 slopes should be sodded, staked, and protected with snow fencing immediately after grading. Tree Loss The tree inventory indicates a total of 576 caliper inches of oak and maple trees on-site. The grading plan indicates that approximately 132 caliper inches would be lost due to construction. This compares with 480 caliper inches of oak and maple trees that would have been lost under the original townhomes of Linden Ponds proposal. According to the City's tree replacement policy, 112 caliper inches are required for replacement. Prior to Council review, proponent shall submit a tree replacement plan for Staff review. Architectural Control Since this site is proposed for R1-9.5 zoning, the proponents will be required to submit an architectural plan which keys specific unit types to lots such that no two unit types are alike side by side, opposite, or diagonally across from each other. Prior to building permit issuance, proponent shall submit an architectural plan for review. It Sewer and water service can be extended into this site from existing services in Edenvale Boulevard. The watermain will be required to loop back to Woodland Drive. Storm water run-off is proposed to drain through a storm sewer pipe into the ponding area. Since fill is proposed in the pending area and may reduce the ponding capacity, the proponents will be required to submit capacity calculations for review by the City Engineer. STAFF RECOMMENDATIONS The Planning Staff would recommend approval of the request for Rezoning from Rural to R1-9.5 and a Preliminary Plat of 7.73 acres into 18 lots and one outlot based on plans dated December 26, 1986, subject to the recommendations of the Staff Report, dated January 23, 1987, and subject to the following conditions: in advance Edenvale 21st Addition 3 January 23, 1987 1. Prior to City Council review, proponent shall: A. Submit a tree replacement plan for 112 caliper inches. B. Submit capacity calculations for the ponding area. 2. Prior to Final plat approval, proponent shall: A. Provide detailed storm water run-off, utility, and erosion control plans for review by the City Engineer. B. Provide storm water run-off and erosion Watershed District. control plans by the 3. Prior to Building permit issuance, proponent shall.: A Submit an architectural plan which keys specific unit types to lots such that no two units would be alike vide by side, opposite, or diagonally across from each other'. R. Notify the City and Watershed District at least 48 hours of grading. C. Stake the proposed grading limits with a snow' fence. Any trees lost outside the snow fence area shall be: replaced cwranarea inch per area inch basis. All 2.5 to 1 slopes shall be Sodded, :staked', and protected with snow fencing immediately afterArading. D. Dedicate the pond to the City free and clear of all liens, encumbrances, and mortgages. 4. Concurrent with building development, proponent shall construct 4.five400t wide concrete sidewalk along Woodland Drive. MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services DATE: January 29, 29, 1987 SUBJECT: Supplementary Report to Planning Staff Reports Regarding Edenvale 21 Addition EDENVALE 21st ADDITION The Edenvale 21st Addition proposes 18 single family lots and one outlet on 7.36 acres. This is located south of Edenvale Blvd and west of Woodland Drive. In May of 1986, the Planning Commission reviewed a request from the developer for 44 townhomes on this site. The Planning Commission returned the plan to the developer for revisions and the applicant withdrew. The 18 single family lots are a vast improvement over the previous plan and the Planning Commission recommended approval at their January 26th meeting. The major park, recreation and natural resources concerns regarding Edenvale 21st Addition include the pond, the grading, the tree loss and sidewalks. The pond is a cattail wetland, but is not public waters. This pond will be left in its natural state in an outlot with the exception of a small portion in the southeast side of the pond that will require some fill. The pond acts as a holding pond for drainage in the surrounding developments and will be required to maintain a holding capacity as designated by the Watershed District. The site drops from a 940 contour along Woodland Drive down to an 894 contour adjacent to the pond therefore this small site will require extensive grading; however, the use of walkout units and tuck unders helps minimize overall grading. The January 23rd Planning Staff Report indicates a tree inventory of 576 caliper inches of oak and maple on the site. The grading plan indicates that approximately 132 capiler inches would be lost due to construction, and according to the present policy 112 caliper inches would be required for replacement. In 1986, the City received a petition from a young man that lives in this vicinity requesting a sidewalk along Woodland Drive from Edenvale Blvd., southwest the entire length of Woodland Drive. It was pointed out that a significant number of children that live in this neighborhood are required to walk along Woodland Drive to various bus stops. The Community Services Staff recommend construction of a 5' wide concrete sidewalk on the west side of Woodland Drive, from Edenvale Blvd. to Ironwood Court. The City would have to pay for the southern most 125' of the sidewalk that is off the site of this developer. The Community Services Staff would recommend approval of the request from rezoning from Rural to R1.95 in a preliminary plat of 7.73 acres into 18 lots and one outlot based on the plans dated December 26, 1986 subject to the recommendations of the January 23rd Planning Staff Report and the additional requirement of a sidewalk along the west side of Woodland Drive. 81.:md UNAPPROVED PLANNING COMMISSION MINUTES JANUARY 26, 1987 C. EDENVALE 21ST ADDITION, by Breco Corporation. Request for Zoning District Change from Rural to R1-9.5 on 5.52 acres with Preliminary Platting of 7.34 acres into 18 single family lots, one outlot, and road right-of-way. Location: South and east of Edenvale Boulevard, west of Woodland Drive. A public hearing. Mr. K. E. Schumacher, representing proponent, reviewed the proposed development with the Commission. He noted that this property had previously been before the Commission as the Townhomes of Linden Ponds. Based on concerns of the City and the neighborhood at that time for the natural features of the property, traffic, and other matters, the proposal was withdrawn and was resubmitted as an 18-lot single family subdivision. Mr. Schumacher stated that this plan allowed for the preservation of many more trees than the previous plan. The townhome project resulted in the need for replacement of 480 caliper inches of trees; this development resulted in the need for replacement of 120 caliper inches of trees. He added that the homes would be similar to those already existing in the area, some with three-car garages. Planner Enger reviewed the findings and recommendations of the Staff Report of January 23, 1987. Other than the standard recommendations regarding utilities, erosion control, cash park fees, and grading, he noted that other concerns included tree replacement for the trees which would be removed with development, the need for calculations for the storm water holding pond on the property, submission of architectural plans for the lots which indicated that no two units would be the same directly across, diagonally across, or adjacent to each other, slopes of 21/2/1, or steeper, should be sodded and staked, and protected with snow fencing, dedication of the pond, and construction of a five-foot wide sidewalk along Woodland Drive. Gartner asked about the potential for any of the basements in the proposed homes becoming flooded due to the elevation of the pond. Planner Enger explained that the lowest basement floor elevation for any home in this proposed subdivision was at a 915 elevation. The Normal Ordinary High Water Mark for the pond was designated at elevation 893, and the High Water Mark for the pond at 100-year flood level was at elevation -903. Therefore, all basements would be at least twelve feet above the high water mark during the 100-year occurrence, and should not be subject to any flooding, or wet basement, problems. Reubling stated that he felt this plan was much better than the previously proposed townhouse development. He added that it appeared to be more consistent with the existing development in the surrounding neighborhoods. Mr. David Barker, 14829 Hickory Court, asked about the amount of fill to be used for purposes of building pads for the lots along Woodland Drive. Mr. Schumacher responded that the maximum amount of fill would be six feet, dependent upon the type of home built upon the specific lot. Mr. Barker ( asked about the width of street frontages for the same lots. Mr. Schumacher responded that the width of street frontage ranged from 80-90 feet, which was consistent with the existing lots on the opposite side of Woodland Drive. Mr. Gary Johnson, 15020 Ironwood Court, asked about the location of the proposed sidewalk along Woodland Drive and how installation of the sidewalk might impact the existing mature trees in that vicinity. Planner Enger stated that the installation of the sidewalk should not impact any trees as it would be located within the right-of-way of Woodland Drive. He stated that there would be review of the location in the field to be certain that this did not happen. Mr. Johnson asked if it would be possible to place the large treed area behind proposed Lot 7 in a permanently protected easement to prevent any tree cutting in that area. Mr. Schumacher stated that their experience in the Edenvale Planned Unit Development with outlots was that the properties became unkept and unsightly due to lack of maintenance by any association. He stated that they had better results when the property was under the control of a particular homeowner, who would maintain the property, instead. Reubling asked if it would be possible to include a provision in the Developer's Agreement requiring that any trees removed from a certain area, be replaced in that same area. Planner Enger stated that this would be done via the tree replacement plan reviewed by the Planning Department, if the replacement plan became necessary. Mr. Henry Fischer, 15100 Ironwood Court, stated that he preferred this revised single family residential plan to the previous townhouse proposal. He asked about the price range of homes proposed in the revised development. Mr. Schumacher stated that the prices would be comparable to those homes already existing in this neighborhood. Regarding the pond on the property, Mr. Fischer asked if there would be any excavating of that area. Mr. Schumacher responded that the proponents would prefer not to excavate any material from the pond; however, it would be up to the City to determine whether it would be necessary for additional storm water holding capacity for this area. Planner Enger added that the City was reluctant to excavate unless it was necessary. He stated that the only other instance where the City would consider excavation would be if it became necessary to remove silt from the pond at some point in the future. Mr. Johnson asked if the proposed sidewalk would terminate at proposed Lot 7. Planner Enger stated that the sidewalk would terminate at the southeast corner of Lot 7, and that any further extension would be based on requests of the residents of the area to extend the sidewalk. He added that the City would be able to add the sidewalk within the right-of-way for Woodland Drive. Mr. Johnson asked if fill would be required in order to locate the sidewalk as shown between Lots 8 and 9 and whether filling might damage any of the trees in this vicinity. Planner Enger explained that it may be necessary to fill for the sidewalk in this location. However, he stated that there appeared to be adequate room for a back slope in that area. He added that, if necessary, the City would require construction of retaining walls around the trees to protect them. MOTION 1: Motion was made by Bye, seconded by Reubling, to close the public hearing. Motion carried--6-0-0 MOTION 2: Motion was made by Bye, seconded by Reubling, to recommend to the Ci t y Council approval of the request Of Brec0 Corporation:, for Zoning Distri c t Change from Rural to R1-9.-5 for -5.52 acres for Edenvale ,21 .st Addition, based on plans dated December 26, 1986, subject to the recommendations of th e Staff Report dated January 23, 1987.'1 Motion carried- -6-0-0 MOTION Motion was made by Bye, seconded by' Reubling, to recommend to the Ci t y Council approval of the request of Breco Corporation for Preliminary Plat o f 7.34 acres into 18 single family lots and. one outlot, for Edenvale 21s t Addition, based on plans dated December • 26, 1986, subject l to the recommendations of the Staff Report dated January 23, 1987. Motion carried--6-0-0 206066.02 6666.07 61522.74 48230.45 2488.18 1125.00 491009.40 19062.00 100673.82 12277.75 122524.95 300.00 ' DISTRIBUTIONS BY FUND ç GENERAL CERTIFICATE OF INDEBT 15 LIQUOR STORE-P V M 17 LIQUOR STORE-PRESERVE 25 TRANSIT SYSTEM • 31 PARK ACQUIST & DEVELOP 33 UTILITY BOND FUND • 39 86 FIRE STATION CONSTRUCT • 51 IMPROVEMENT CONST FD 73 WATER FUND 77 SEWER FUND 81 TRUST & ESCROW FUND $1071946.38 FEBRUARY 17,1987 SEMINAR-EQUIPMENT MAINTENANCE SEMINAR-EQUIPMENT MAINTENANCE SERVICE-PARK BOND REFERENDUM TAPE PAYROLL 1-23-87 PAYROLL 1-23-87 CO PAYROLL 1-23-87 PAYROLL 1-23-87 FEBRUARY LIFE INSURANCE FEBRUARY LIFE INSURANCE PAYROLL 1-23-87 PAYROLL 1-23-87 PAYROLL 1-23-87 SERVICE 32485 32500 0-12501 IL 2759 32760 32761 32762 32763 32764 32765 32766 32767 32768 32769 32770 32771 32772 32773 32774 32775 32776 32777 32778 32779 32780 32781 32782 '783 ,2784 32785 32786 32787 32788 32789 32790 32791 32792 32793 32794 32795 32796 32797 32798 32799 32800 32801 32802 32803 32804 32805 32806 32807 "808 ( 309 VOID OUT CHECK VOID OUT CHECK VOID OUT CHECK UNIVERSITY OF MINNESOTA TTTC JOHN SPARR FEDERAL RESERVE BANK COMMISSIONER OF REVENUE GREAT WEST LIFE ASSURANCE ICMA RETIREMENT CORP PRUDENTIAL INSURANCE CO COMMERCIAL LIFE INSURANCE PERA CITY-COUNTY CREDIT UNION SUBURBAN NATIONAL BANK MINNESOTA GAS CO VOID OUT CHECK GAIL BIRKET MILDRED HOXIE CHARLENE LYNCH JOHN SHAEFFER LEAGUE OF MN CITIES NORTHERN STATES POWER CO PETTY CASH SUPPLEES 7 HI ENTER INC VOID OUT CHECK MN MUNICIPAL LIQUOR STORES INC VOID OUT CHECK NORTHWESTERN BELL TELEPHONE CO ICMA EAGLE DIST CO EAGLE WINE CO PRIOR WINE CO GRIGGS COOPER & CO INC ED PHILLIPS & SONS CO TWIN CITY WINE CO QUALITY WINE CO PAUSTIS & SONS CO CAPITOL CITY DISTRIBUTING CO HOPKINS POSTMASTER MINNESOTA UC FUND DANA GIBBS MINNESOTA GAS CO VOID OUT CHECK UNITED WAYS FIRST CALL FOR HELP ANGELA AULT NATHAN CHALMAN JOHN JEFFERY VIOLET LAPPIN SHARON SACHWITZ BRETT MARLIN RYAN MARLIN LAURA REUTER BECKY SCHULTZ 30.00- 14457.86- 147.06- 595.00 60.00 50.00 55673.33 10658.48 4848.00 685.00 665.52 221.40 21417.12 1763.13 200.00 450.00 0.00 16.00 14.00 14.00 10.40 21.50 2402.68 54.08 4235.13 0.00 155.00 0.00 256.80 19.95 16176.65 1076.43 3178.98 76.20 17676.35 14605.31 8848.74 1017.71 645.42 433.72 771.42 169.00 35.76 0.00 22.00 14.00 13.00 10.50 14.00 6.00 14.00 13.00 14.00 10.00 REFUND-ADULT OUTING REFUND-ADULT OUTING REFUND-ADULT OUTING REFUND-SKATING LESSONS -DIRECTORY OF MN MUNICIPAL OFFICIALS-CITY MANAGER SERVICE EXPENSES-CITY HALL FEBRUARY 87 RENT-LIQUOR STORE CONFERENCE-LIQUOR STORE SERVICE BOOK-ASSISTANT CITY MANAGER LIQUOR WINE WINE LIQUOR LIQUOR LIQUOR WINE WINE WINE POSTAGE-UTILITY BILLING UNEMPLOYMENT COMPENSATION PACKET DELIVERIES SERVICE BOOKS-HUMAN RESOURCES REFUND-SWIMMING LESSONS REFUND-SKATING LESSONS REFUND-SKI TRIP REFUND-ADULT OUTING REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS 15469379 FEBRUARY 17,1987 MINNESOTA GAS CO GROUP HEALTH PLAN INC MEDCENTERS HEALTH PLAN INC PHYSICIANS HEALTH PLAN AT & T COMMUNICATIONS CONSOLIDATED COACHES RICHARD ERICKSON MINNESOTA GAS CO NORTHWESTERN BELL TELEPHONE CO UNIVERSITY OF MINNESOTA AMERICAN PLANNING ASSOCIATION BEER WHOLESALERS INC COCA COLA BOTTLING CO DAY DISTRIBUTING CO EAST SIDE BEVERAGE CO KIRSCH DISTRIBUTING CO MARK VII SALES PEPSI/7-UP BOTTLING CO ROYAL CROWN BEVERAGE CO THORPE DISTRIBUTING CO TWIN CITY HOME JUICE CO KAREN WADSWORTH MICHAEL LAMBERT TRICIA I.ORNTSON AARON OVERMAN SHAFER CONTRACTING INC SHAW LUNDQUIST ASSOC INC ACRO-MINNESOTA INC 32838 ADMIRAL WASTE MGMT INC 32839 AIRLIFT DOORS INC 32840 ALLANSON BUSINESS PRODUCTS INC 32841 AMERICAL BUSINESS PRODUCTS INC 32842 AMERICAN LINEN SUPPLY CO 32843 AMERICAN PUBLIC WORKS ASSN 32844 AMERICAN SCIENTIFIC PRODUCTS 32845 EARL F ANDERSEN & ASSOC INC 32846 ROBERT ARNDT 32847 ASSOCIATES & LARRANAGA INC 32848 ASTLEFORD INTL INC 32849 BATTERY & TIRE WAREHOUSE INC 32850 TOM BIERMAN 32851 TIM BLOCK 32852 SAM BLOOM IRON & METAL CO 32853 CITY OF BLOOMINGTON. 32854 BLOOMINGTON LOCKSMITH CO 32855 BMS OFFICE STORES SALES INC 32856 LOIS BOETTCHER 357 RICK BOLINSKI SERVICE FEBRUARY HEALTH INSURANCE FEBRUARY HEALTH INSURANCE FEBRUARY HEALTH INSURANCE SERVICE BUS SERVICE-SKI TRIP-COMMUNITY CENTER -ENTERTAINMENT-STARING LAKE ANNIVERSARY CELEBRATION/FEES PO SERVICE SERVICE SCHOOL-ASSESSING DEPT 1987 DUES-PLANNING COMMISSION BEER MIX BEER BEER BEER BEER MIX MIX BEER MIX ADS-LIQUOR STORE REFUND-FOR KIDS ONLY CLASS REFUND-FOR KIDS ONLY CLASS REFUND-FOR KIDS ONLY CLASS SERVICE-COUNTY RD 4 TO MITCHELL ROAD SERVICE-WATER PLANT EXPANSION -OFFICE SUPPLIES-CITY HALL/DESK-LIQUOR STORE FEBRUARY TRASH DISPOSAL-PUBLIC SAFETY BLDG GARAGE DOOR REPAIRS-PUBLIC SAFETY BUILDING OFFICE SUPPLIES-POLICE DEPT CASSETTE TAPES-POLICE DEPT TOWELS-LIQUOR STORE 1987 DUES-ENGINEERING DEPT LAB SUPPLIES-WATER DEPT SIGNS-STREET MAINTENANCE JANUARY 87 CUSTODIAL SERVICE ADVERTISING-SOUTHWEST AREA TRANSIT -CHAIN LINK/THROTTLE/SPRING/REPAIRS- EQUIPMENT MAINTENANCE -SIGNAL LAMPS/BATTERIES/SPARK PLUGS/ ALARM/FLASHERS-EQUIPMENT -MAINTENANCE -MEETING EXPENSES-RESIDENTS ADVISORY COMMITTEE BASKETBALL OFFICIAL/FEES PD STEEL-PARK MAINTENANCE DECEMBER 86 IMPOUND SERVICE -LOCK REPAIRS-PUBLIC WORKS BUILDING & LIQUOR STORE IBM MEMORY TYPEWRITER-POLICE DEPT -PARK & RECREATION COMMISSION MEETING MINUTES FOR 2-2-87 MILEAGE 6616.99 2150.25 6853.35 15372.78 6.47 275.00 15.00 776.65 62.75 75.00 875.00 2717.25 357.25 3569.61 9522.25 169.60 12049.80 487.90 136.10 11457.70 10.44 50.00 10.00 10.00 10.00 96965.44 491009.40 563.89 51.75 64.00 143.75 65.00 9.05 185.00 155.83 590.30 200.00 1203.28 252.01 598.90 34.60 162.00 33.70 697.50 159.83 950.00 82.50 66.25 32810 32811 Ar'812 IL .813 32814 32815 32816 32817 32818 32819 32820 32821 32822 32823 32824 32825 32826 32827 32828 32829 32830 32831 32832 32833 32834 32835 32836 837 66788112 32858 419 859 860 32861 BOYER FORD TRUCK BROWN PHOTO BRYAN ROCK PRODUCTS INC BRAUN ENG TESTING INC 32862 BRO-TEX INC 32863 MIKE BURGETT 32864 BSC MECHANICAL CONTRACTORS 32865 CARDOX CORP 32866 CENTRAIRE INC 32867 CHANHASSEN LAWN & SPORTS 32868 CHUCKS BAGS UNLIMITED 32869 CLAREYS SAFETY EQUIPMENT INC 32870 CLEVELAND COTTON PRODUCTS 32871 CLUTCH & TRANSMISSION SER INC FEBRUARY 17,1987 32872 JEFFREY CONRADI 32873 CONSULTING GROUP 32874 CONWAY FIRE & SAFETY INC 32875 CROWN/AUTO INC 32876 CROWN RUBBER STAMP CO 32877 CURTIN MATHESON SCIENTIFIC INC 32878 CURTIS INDUSTRIES _879 CUTLER-MAGNER COMPANY 32880 WARD F DAHLBERG 32881 DALCO 32882 DEN CON LANDFILL INC 32883 EUGENE DIETZ 32884 DRISKILLS SUPER YALU 32885 DRISKILLS SUPER VALU 32886 DRISKILLS SUPER VALU 32887 EDEN PRAIRIE CHAMBER OF COMMERCE 32888 EDEN PRAIRIE TRASHTRONICS 32889 JEFFREY ELWELL 32890 EPIC USA 32891 FEDERAL EXPRESS CORP 32892 FIRE INSTRUCTORS ASSN OF MN 32893 FITNESS ASSOCIATES INC 32894 FLAHERTY EQUIPMENT CORP 32895 FOUR STAR BAR & RESTAURANT SUPPLY 32896 G & K SERVICES 32897 G & K SERVICES 32898 GENERAL COMMUNICATIONS INC 32899 GROSS OFFICE SUPPLY 32900 CHRIS HAGE 32901 HANSEN THORP PELLINEN OLSON INC "902 WES HANSON BLDRS 03 HARMON GLASS SPARK PLUGS/HORN-EQUIPMENT MAINTENANCE FILM PROCESSING BLACKTOP-STREET DEPT & PARK DEPT -SERVICE-OLYMPIC HILLS GOLF COURSE & BLUFFS WEST STORM SEWER TOWELS-WATER DEPT BASKETBALL OFFICIAL/FEES PD FURNACE REPAIRS-COMMUNITY CENTER CARBON DIOXIDE-WATER DEPT -HALF OF MAINTENANCE AGREEMENT-PUBLIC SAFETY BUILDINGS -HELMET/LINER/OIL CAP/NUTS/SPARK PLUGS- FORESTRY DEPT RESERVE EQUIPMENT BAGS-POLICE DEPT -FLATHEAD AXES/PICKHEAD AXES/POLES/FIRE TRUCK EQUIPMENT-FIRE DEPT TOWELS-WATER DEPT -BEARINGS/SEALS/BRAKE SHOE/BRAKE DRUM- EQUIPMENT MAINTENANCE HOCKEY OFFICIAL/FEES PD JANUARY SERVICE-HUMAN RESOURCES -HELMETS/BOOTS/HOODS/LETTERING/WATER TANK- FIRE DEPT FLOORMATS/TOOLS-POLICE DEPT & WATER DEPT NAME PLATES-HUMAN RESOURCES HEAT GUN-WATER DEPT -DRILL BITS/CLAMPS/SHEET METAL/CLEANING SUPPLIES-STREET DEPT & PARK DEPT QUICKLIME-WATER DEPT JANUARY 87 EXPENSES CLEANING SUPPLIES-WATER DEPT & FIRE DEPT LANDFILL CHARGES-PARK MAINTENANCE JANUARY 87 EXPENSES EXPENSES-PUBLIC SAFETY EXPENSES-FIRE DEPT EXPENSES-CITY HALL E P INFORMATION FOLDERS JANUARY TRASH DISPOSAL MILEAGE SERVICE-TELEPHONE SYSTEM FOR NEW OFFICES POSTAGE-FIRE DEPT SUPPLIES-FIRE DEPT STRESS TESTS-POLICE DEPT TRUCK REPAIRS-FIRE DEPT SUPPLIES-LIQUOR STORE COVERALLS & TOWELS-WATER DEPT TOWELS-LIQUOR STORE RADIO REPAIRS-EQUIPMENT MAINTENANCE OFFICE SUPPLIES-POLICE DEPT BROOMBALL OFFICIAL/FEES PD -SERVICE-BLUFFS EAST 4TH ADDITION/BLUFFS WEST VICINITY STORM SEWER REFUND-BUILDING PERMIT -WINDSHIELD/DOOR GLASS-EQUIPMENT MAINTENANCE 44.91 1566.60 2982.30 1776.35 93.00 162.00 75.99 1334.97 1508.00 67.00 539.25 1192.50 190.60 152.14 106.00 600.00 4118.00 49.05 44.69 81.35 225.88 3356.20 80.00 1110.39 10.00 188.50 14.78 297.03 86.10 689.00 345.00 10.75 1408.70 20.00 86.85 850.00 109.54 372.54 248.99 12.97 403.10 604.51 108.00 2944.33 46.25 245.05 3055916 FEBRUARY 17,1987 ROGER HAWKINSON HENNEPIN COUNTY TREASURER HENNEPIN COUNTY TREASURER HENNEPIN COUNTY HENNEPIN COUNTY HENNEPIN COUNTY TREASURER 32910 HENNEPIN COUNTY LIBRARY 32911 0 C HEY CO INC 32912 HI FI SOUND ELECTRONICS 32913 HOLLENBACK & NELSON 32914 IBM 32915 INDEPENDENT SCHOOL DIST #272 32916 INDEPENDENT SCHOOL DIST #272 32917 INDUSTRIAL LIGHTING SUPPLY INC 32918 INTL OFFICE SYSTEMS INC 32919 JM OFFICE PRODUCTS INC 32920 MARTY JESSEN 32921 KAY JOHNSON 32922 CARL JULLIE 32923 MARY LOU KALLINIG 32924 KLEVE HTG & AIR COND INC 32925 MOLLY KOIVUMAKI ( '926 KOKESH ATHLETIC SUPPLIES INC 32927 KRAEMERS HOME CENTER 32928 ROBERT LAMBERT 32929 LANCE 32930 LANG PAULY & GREGERSON LTD 32931 LANG PAULY & GREGERSON LTD 32932 LONG LAKE FORD TRACTOR 32933 LEEF BROS INC 32934 LEEF BROS INC 32935 LOGIS 32936 LOG1S 32937 LOUISVILLE LANDFILL INC 32938 M & I INDUSTRIAL SUPPLY INC 32939 MLA INTERIOR DESIGN 32940 KEVIN MAAS 32941 MACQUEEN EQUIPMENT INC 32942 MIKE MARUSHIN 32943 MEDICAL OXYGEN & EQUIP CO 1,944 MERIT/JULIAN GRAPHICS 345 METRO WASTE CONTROL COMMISSION 12549529 BASKETBALL OFFICIAL/FEES PD 162.00 LABELS-ELECTIONS 24.84 DECEMBER 86 PUBLIC SERVICE COMMODITIES 18.96 DECEMBER 86 BOARD OF PRISONERS 1269.18 1987 TRAFFIC TICKETS-POLICE DEPT 828.00 -87 MICROFICHE-ENGINEERING DEPT/ASSESSING 126.85 DEPT & FORESTRY DEPT SUBSCRIPTION-SENIOR CENTER 4.00 -MAINTENANCE AGREEMENT-CITY HALL/COPIER/ 2773.75 CABINET/TONER-WATER DEPT CASSETTE TAPES-CITY HALL 16.24 REFUND-WATER METER DEPOSIT 270.25 SERVICE 424.32 DRAMA CLASS/FEES PD-COMMUNTIY CENTER 37.50 -JANUARY 87 CUSTODIAL SERVICE & CLEANING 3983.05 -SUPPLIES-CITY HALL/REPLACE BASKETBALL BACKBOARD & BUS SERVICE-COMMUNITY CENTER LIGHT BULBS-WATER DEPT 38.16 -DECEMBER 86 MAINTENANCE AGREEMENT-CITY 293.36 -HALL/JANUARY 87 MAINTENANCE AGREEMENT- POLICE DEPT OFFICE SUPPLIES-WATER DEPT 10.66 BASKETBALL OFFICIAL/FEES PD 162.00 EXERCISE CLASS INSTRUCTOR/FEES PD 160.00 MEETING EXPENSES 67.27 REFUND-OVERPAYMENT ON UTILITIES 19.99 CEMENT TROUGH-STREET MAINTENANCE 36.50 MEETING EXPENSES 15.00 -JERSEYS/TENNIS NET/TENNIS PADDLES/ 276.55 -STOPWATCHES/SCRIMMAGE VESTS/REFEREE JACKET-COMMUNITY CENTER -VALVE/ORILL BITS/BROOM/DUST PAN/PAINT 64.34 ROLLERS-WATER DEPT St STREET MAINTENANCE JANUARY 87 EXPENSES 165.00 SUPPLIES-LIQUOR STORE 48.35 NOVEMBER 86 LEGAL SERVICE 13910.88 -DECEMBER 86 SERVICE-LANDFILL & SOUTHWEST 2300.40 AREA TRANSIT LATCH/PIN-PARK MAINTENANCE 39.37 RUG CLEANING-PUBLIC WORKS BUILDING 66.25 RUG CLEANING-CITY HALL 109.80 SERVICE 693.48 DECEMBER 86 SERVICE 5058.03 LANDFILL CHARGES-PARK MAINTENANCE 27.00 TOOL CHESTS-SEWER DEPT 126.15 JANUARY 87 SERVICE-NEW CITY OFFICES 625.00 BROOMBALL OFFICIAL/FEES PO 54.00 -4 BLADE COVERS 0187.00 EACH-EQUIPMENT 748.00 MAINTENANCE -TOOL BOXES/CABLE ENDS/BRUSHES/WRENCHES/ 251.75 -ANTIFREEZE TESTER-EQUIPMENT MAINTENANCE & SEWER DEPT OXYGEN-FIRE DEPT 54.00 ENVELOPES-CITY HALL 334.16 MARCH 87 SEWER SERVICE 89800.90 32904 32905 412906 907 42908 32909 , FEBRUARY 17,1987 32946 METRO PRINTING INC Ir 2947 METROQUIP INC 2948 MID-CENTRAL INC 32949 MIDLAND EQUIPMENT CO 32965 NORTHERN POWER PRODUCTS INC 32966 NORTHLAND BUSINESS COMM SYSTEMS 32967 NORTH STAR SOUND INC ( '968 OFFICE PRODUCTS OF MN INC -.2969 PAULINE OLSON 32970 PARK LANE ENTERPRISES 32971 PENNSYLVANIA OIL CO 32972 PEPSI/7-UP BOTTLING CO 32973 CATHY PERIA 32974 T A PERRY ASSOCIATES INC 32975 JENNY PETERSEN 32976 PHOTOS INC 32977 PITNEY BOWES 32978 PLANT EQUIPMENT INC 32979 POWER PROCESS EQUIPMENT INC 32980 PRAIRIE HARDWARE 32981 PRAIRIE HARDWARE 32982 PRENTICE-HALL 32983 PROTOOL INC 32984 PETTY CASH-PUBLIC SAFETY DEPT 32985 R C IDENTIFICATIONS INC 32986 ROAD MACHINERY & SUPPLIES CO ?987 RECREATION SPORTS OFFICIALS ASSN t 988 ROGERS SERVICE CO 32989 ROSEMOUNT INC 5866779 FORMS-POLICE DEPT 275.00 FORKLIFT-COMMUNITY CENTER 3515.00 12 OFFICERS TOOL KITS @$65.00-FIRE DEPT 780.00 -REPLACE HYDRAULIC CYLINDER-EQUIPMENT 267.00 MAINTENANCE MEETING EXPENSES-SOUTHWEST AREA TRANSIT 101.25 FEBRUARY 87 PAGER RENTAL-WATER DEPT 51.50 AD-FINANCE DEPT 16.20 SERVICE 75.16 1987 DUES-COMMUNITY CENTER 70.00 EMPLOYMENT ADS-COMMUNITY CENTER 163.80 ADS-LIQUOR STORE 75.66 SERVICE 259.00 TIRES-EQUIPMENT MAINTENANCE 99.26 PAINT-WATER DEPT 131.30 -RADIO REPAIRS-POLICE DEPT & EQUIPMENT 322.19 MAINTENANCE -6 MOBILE RADIOS WITH SCAN & SIREN @$3177 21952.00 -EACH/COMMUNICATIONS RECEIVER REPAIRS-NEW FIRE STATION & EQUIPMENT MAINTENANCE EXPENSES-POLICE DEPT 50.71 EMPLOYMENT ADS-CITY HALL 363.84 -ENTERTAINMENT-STARING LAKE ANNIVERSARY 70.00 CELEBRATION/FEES PD EQUIPMENT REPAIRS-PUBLIC SAFETY BUILDING 120.00 RECORDER REPAIRS-POLICE DEPT 70.00 1987 EQUIPMENT RENTAL-COMMUNITY SERVICES 172.50 UPGRADE SOFTWARE-FINANCE DEPT 558.82 MEETING EXPENSES 15.00 BOOKS-POLICE DEPT 47.70 HYDRAULIC OIL-EQUIPMENT MAINTENANCE 138.50 CONCESSION STAND SUPPLIES-COMMUNITY CENTER 131.50 MILEAGE 12.50 BOILER REPAIRS-PUBLIC SAFETY BUILDING 273.67 MEETING EXPENSES 16.00 PRINTING-PLANNING DEPT 155.00 EQUIPMENT RENTAL-CITY HALL 155.00 EQUIPMENT REPAIRS-WATER DEPT 384.35 SUPPLIES-PARK MAINTENANCE 15.96 -SCREWS/BOLTS/PAPER PRODUCTS/HOOKS/PAINT/ 322.22 -PAINT PADS/PAINT THINNER/PINS/TIE DOWNS/ -PLUGS/EXTENSION CORD/SPRAY PAINT/PAINT -ROLLERS/STAIN/VARNISH/SAND PAPER/HAMMER/ -SAFETY GLASSES/BATTERIES/VALVE/BUSHINGS- STREET MAINTENANCE & EQUIPMENT MAINTENANCE -PAINT/PAINT THINNER/NAILS/BOLTS/SPRINGS/ 106.28 CIRCUIT BREAKER/BATTERIES-PARK MAINTENANCE BOOKS-HUMAN RESOURCES 762.00 SAFETY GLASSES-STREET MAINTENANCE 20.00 EXPENSES-POLICE DEPT 7.70 EVIDENCE BAGS-POLICE DEPT 117.24 BRACKET-PARK MAINTENANCE 12.99 BASKETBALL OFFICIALS/FEES PD 135.00 ALTERNATER/STARTER-EQUIPMENT MAINTENANCE 80.95 REFUND-UTILITY BILLS 26198.04 32950 BEVERLEY MILLER 32951 MINNESOTA COMMUNICATIONS CORP 32952 MPLS STAR & TRIBUNE CO 32953 MN CELLULAR TELEPHONE CO 32954 MINNESOTA REC & PARK ASSOC 32955 MINNESOTA SUBURBAN NEWSPAPERS INC 32956 MINNESOTA SUBURBAN NEWSPAPERS INC 32957 M-V GAS CO 32958 MODERN TIRE CO 32959 R E MOONEY & ASSOCIATES INC 32960 MOTOROLA INC 32961 MOTOROLA INC 32962 MY CHEESE SHOP 32963 NATIONWIDE ADVERTISING SERVICE IN 32964 TOM NECHVILLE FEBRUARY 17,1987 32990 RSM HOMES REFUND-BUILDING PERMIT ( 32991 ST PAU ERY CO L BOOK & STATION _ _._..__ -FILE CABINET/CALENDARS/HANGING FILES- COMMUNITY CENTER 32992 SALLY DISTRIBUTORS INC SUPPLIES-COMMUNTIY CENTER 32993 SAVOIE SUPPLY CO INC -CLEANING SUPPLIES/TOWELS-STREET DEPT & WATER DEPT 32994 SEARS ROEBUCK & CO CARRIAGE RETURN-PARK MAINTENANCE 32995 SEARS ROEBUCK & CO -DRILL BITS/METERS/GRINDER/SAW BLADES/ -GRINDING WHEEL/SOCKET SET/ADAPTER/STAND/ -COUNTER SINK/WIRE BRUSH/HACK SAW/PLIERS/ TOOL BOX/SCREWDRIVERS/WRENCHES-FIRE DEPT 32996 SNAP ON TOOLS CORP PLIERS/WIRE CUTTER-EQUIPMENT MAINTENANCE 32997 SNYDER DRUG STORES INC OFFICE SUPPLIES-COMMUNITY CENTER 32998 SOUTHWEST AUTO SUPPLY INC -BATTERIES/GAUGES/CEMENT/IGNITIONS/GLUE/ -PAINT/LIGHTS/FILTERS/COIL/REPAIR CHAIN -SAW/FANS/ADAPTERS/BRUSHES/DRILL BITS/ -TUBES/REGULATOR/SWITCHES/WIRE/FROST PLUG HEATER/SOCKET ASSEMBLY/HAND CLEANER/LAMPS 32999 SOUTHWEST SUBURBAN PUBLISH INC -NOVEMBER DECEMBER 86 & JANUARY 87 LEGAL ADS 33000 SOUTHWEST SUBURBAN PUBLISH INC ADS-LIQUOR STORE 33001 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS-CITY HALL/COMMUNITY CENTER 33002 STANDARD SPRING CO TRUCK REPAIRS-EQUIPMENT MAINTENANCE 33003 STREICHERS PROFESSIONAL POLICE EQ FEDERAL SIREN-FIRE DEPT 33004 SUBURBAN CHEVROLET -ENGINE/FILTER/SPARK PLUGS/GASKETS/OIL/ -SPRING/BUSHINGS/LATCHES/LINK ASSEMBLY- EQUIPMENT MAINTENANCE & FIRE DEPT 33005 SUPPLEE ENTERPRISES INC SUPPLIES-LIQUOR STORE 006 J 8 SWEDENBORG CONST REFUND-BUILDING PERMIT S3007 T G POWER SYSTEMS -SURGE PROTECTION FOR PUBLIC SAFETY BUILDING TO PREVENT LIGHTNING DAMAGE 33008 TK ASSOCIATES OF MPLS INC -SERVICE-RESIDENTS SURVEY FOR NEW CITY OFFICES 33009 TIERNEY BROTHERS INC PAINT-POLICE DEPT/SUPPLIES-PARK PLANNING 33010 TOTAL TOOL PIPES/UTILITY VISE/CHAIN VISE-WATER DEPT 33011 BRUCE TWADDLE BROOMBALL OFFICIAL/FEES PD 33012 TWIN CITY OXYGEN CO OXYGEN-EQUIPMENT MAINTENANCE 33013 TWIN CITY TESTING SERVICE-VALLEY VIEW ROAD 33014 UNITOG RENTAL SERVICES UNIFORMS FOR CITY EMPLOYEES 33015 UNIVERSITY OF MN STUDY OF ROUND LAKE-PARK MAINTENANCE 33016 UNLIMITED SUPPLIES INC NUTS/WASHERS/SCREWS-EQUIPMENT MAINTENANCE 33017 ERIC VAN NORMAN BROOMBALL OFFICIAL/FEES PD 33018 VOSS ELECTRIC CO LAMPS & LIGHT BULBS-PUBLIC SAFETY BUILDING 33019 WATER PRODUCTS CO -2 3" 1000 GAL COMP MTR @$1266.00/1" 1000 -GAL MTR @$123.00 EA/6 5 1/4 COVER LOCK @$15.88 EA/REMOTE WIRE/CLAMPS 33020 LYNNETTE WEISGRAM VOLLEYBALL OFFICIAL/FEES PD 33021 WESTERN DESIGN & PRINTING BUSINESS CARDS-POLICE DEPT 33022 WILSON TANNER GRAPHICS TRAINING SUPPLIES-POLICE DEPT 33023 WORDSWORTH ADS-LIQUOR STORE 33024 XEROX CORP -DECEMBER 86 & JANUARY 87 MAINTENANCE 150.00 100.10 19.80 421.64 32.25 1302.28 51.30 32.22 1544.21 5439.06 223.36 204.00 1010.80 838.12 2486.44 5.54 150.00 10092.00 1625.00 440.05 273.45 27.00 17.99 185.10 1593.70 1125.00 167.89 243.00 249.72 3069.70 17.50 50.00 550.00 53.37 265.00 33025 ZACK'S INC FRED ZIEBOL 3446963 AGREEMENTS-CITY HALL & POLICE DEPT -CLEANING SUPPLIES-STREET MAINTENANCE & EQUIPMENT MAINTENANCE BASKETBALL OFFICIAL/FEES PD 370.54 42.50 PARTS-EQUIPMENT MAINTENANCE AEROBICS INSTRUCTOR/FEES PD 33027 ZIEGLER INC 33028 KAY ZUCCARO ( 17960 TO: Mayor and Council FROM: John Frane DATE: February 10, 1987 RE: "Amusement Centers" defined and regulated under Sec, 5,30 of the City Code. In a law suit against another City the court held in that the City's ordinance relating to Amusement Centers was illegal. Our Ordinance: is the same and therefore we should repeal the provisions in the City Code relating to Amusement Centers. Ordinance 7-87 is attached for your consideration. The Public Safety Dent, does not have .a problem with these repeals. CITY OF EDEN PRAIRIE, MINNESOTA ORDINANCE NO. 7-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 5.30 WHICH RELATES TO MECHANICAL AMUSEMENT DEVICES AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 5.30, Subd. 1. E and Subd. 4 are deleted in their entirety. Section 2. City Code Section 5.30, Subd. 2 shall be and is amended to read as follows: Subd. 2. License Required. It is unlawful for any person to keep or maintain a mechanical (amusement) device for use by the pub- lic er-eperate-an-amasement-eehter, without first having obtained a license therefor from the City. An-amesement-eentei-iieense,sl'all eever-aii-meehanieal-amisement-deviees-thereim7 Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1987, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of 1987. ATTEST: City Clerk PUBLISHED in the Eden Prairie News on the 1987. Mayor day of Richard M. Feerick 7103 Inter!schen Court Eden Prairie. Minnesota 55344 February 9. 1987 Gary D. Peterson Mayor City of Eden Prairie 8940 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: SW Corridor Transportation Coalition 212 EIS Joint Powers Funding Report Dear Gary: Please be advised that an EIS Joint Power Funding Report will be presented at our Coalition Meeting this Wednesday. This report has been prepared by staff personnel from the various governmental groups involved in the Coalition and will outline the Joint Power approach and method for funding the $300.000 EIS Study. The general consensus reached by our Coalition is that the only way we are going to improve our highway systems is to participate in the process and for each involved entity to make its fair share funding contribution. A number of benefits accrue from this approach. These are: We assure an element of control and accountability by being part of the agreement. We secure a faster completion date by hiring consultants through the joint powers agreement. We are in a far better position to require concurrent design work along with the EIS Study. We can require an improved schedule for Highways 169 and 5 as a condition of our participation. We are in a position to keep the Governor and the Commissioner of Transportation aware of their responsibilities to adequately fund the State's highway systems. Your assistance is respectfully requested here. Eden Prairie needs to be officially represented at our Coalition meetings and in a position to provide support and leadership in our common efforts. Thank you for your consideration. Sincerely. Richard M. Feerick cc: City Council Carl Jullie MEMORANDUM TO: Mayor and City Council FROM: City Manager Carl J. Jullie C; SUBJECT: Orientation Process for New Commission Members DATE: February 13, 1987 At the February 10 special meeting Council asked that I prepare a summary of the process used for orientation of new appointees to the City's Boards and Commissions. The typical process for such orientation is that the department head or other staff person assigned as liaison to a respective board or commission invites the new members to an orientation session during which the new members are given an update on the responsibilities of their position and with what activities the board or commission is typically involved. When applicable, new members are given copies of ordinances and any prior studies or reports which may be pertinent to the activities of their board or commission. Many other items or issues may be discussed with the new member dependent upon the nature and level of activity of the group. The attached memos from staff provide a summary of the orientation process used for some of the boards and commissions. The Council also has discussed the potential for the City Manager to conduct a general orientation session for all commission and board members. This could help insure that they have a good understanding of how the City government is organized, including the general relationship between the City Council, City staff, and boards and commissions. This could be very positive assuming it is structured as an educational/general orientation session rather than focusing on any single issue. Asssuming Council concurrence, I will plan to schedule this meeting for Tuesday evening, March 10th. We have contacted Government Training Service to determine if they sponsor any such orientation meetings for boards and commissions. They do provide training for Planning Commission members but nothing is provided for other types of commissions. They are reviewing the possibility of sponsoring training for other commissions and boards and may have something by June of this year. In the meantime, we will encourage our Planning Commission members to attend the Government Training Service training for their Commission. CJJ:jdp Attachments MEMORANDUM TO: FROM: ffilk-UUGN: DATE: SUBJECT: Mayor and City Council Chris Enger, Director of Planning Carl J. Jullie, City Manager February 12, 1987 Orientation of New Planning Commission Members Included with this memorandum is a list of materials given to each Planning Commission member upon appointment. In addition, as Planning Director, I make time available for an orientation session with new members I _review:. with them l Eden Prairie's planning process, the Staff, Commission, and Council roles n development review and ordinance/policy formation. I also review each of the documents provided and explain and answer questions on them. After a few meetings of the Commission, I am available for additional meetings and any fellow-up questions.. ' We try to hold at least one Planning Workshop each year, where we discuss current planning topics. Commission members are sponsored as members of the American Planning Association, and receive monthly publications. Local planning conferences are usually held once, or twice a year, and Commission members may attend,% costs being paid by the City. Once a year, the Commission meets with the City Council directions are discussed. Commission members are provided with complete Staff support for Planning items. Each Commissioner is given the following materials upon appointment: Full Set of City Code Chapters 1-25 Written, full-sized copy of Comprehensive Guide Plan Comprehensive Guide Plan Map Zoning Map Set of Procedures for processing of Development Proposals 2-3 set of previous minutes of Planning Commission minutes Community Profile List of previous year's projects (1986 Project Summary Report) Current Project Profile (Projects "in-process") Short form version of Roberts Rules of Order TO: FROM: THROUGH: DATE: RE: Mayor and City Council Members Steve Durham, Assistant Planner Chris Enger, Director of Planning February 12, 1987 Board of Adjustment and Appeals New Member Orientation New members of the Board of Adjustments and Appeals received a copy of the Eden, Prairie City Code, Zoning Map, Guide Plan Map, and Year End Summaryof Board Of Adjustments and Appeals actions. New Board members are encouraged to contact Staff person should they have any questions. MEMORANDUM TO: FROM: DATE: SUBJECT: Carl Jullie, City Manager Bob Lambert, Director of Community Services'PV February 12, 1987 Orientation Process for New Commission Members Whenever the City Council has appointed new members to the Parks, Recreation and Natural Resources Commission, the Director of Community Services has invited the new Commission members to attend an orientation session, generally lasting about two hours that includes the following: 1. Review of the ordinance that established the Commission and explain the responsibilities of the Commission member in making recommendations to the City Council on a variety of issues. 2. Review with the Commission members all of the other ordinances that relate to parks, recreation and natural resources. 3. Review briefly the various studies that are referred to when reviewing development proposals such as the Purgatory Creek Study, the Hikeway/Bikeway Task Force Report, the Guideplan, the Comprehensive Park Plan, etc. 4. Review the Capital Improvement Program and the Community Services budget. 5. Review the organizational chart of the Community Services Department to insure that Commission members understand the job responsibilities of the various staff that will be making reports to the Commission. 6. Review some of the background on some of the issues that will be addressed by the Commission in the first few meetings. 7. Briefly review the most recent edition of the Community Services Department Annual Report. 8. Answer any questions Commission members have relating to the Parks, Recreation and Natural Resources Commission. Commission members are encouraged to question staff on all issues, and it is emphasized that City staff do not expect that Commission members will always agree with their recommendations. Emphazise that they are representing all of the citizens of the community and are advisory to the City Council on issues relating to parks, recreation and natural resources. The Director also encourages all Commission members to get out and visit the various parks within the City. They are provided a map with all of the current trails and parks, and staff attempts to schedule Commission field trips on an annual basis to insure Commission members are familiar with the parks and facilities within the system. BL:md MEMORANDUM TO: City Manager Carl J. Jullie FROM: Assistant to the City Manager Craig Dawson SUBJECT: Orientation for Development Commission DATE: February 13, 1987 The orientation process for new members of the Development :Commission is rather simple. A copy of the section of the Ordinance Code relating to the purview and responsibilities: of the .Development Commission is Mailed to each new Member along with the -:minutes of the last meeting and agenda of the upcoming meeting. At the first meeting, the Chair or Staff liaison relates the :.types of projects with which the -Commission has been inyolVed, and reviews the direction given to new or receWprojectsi All CoMmissiOnMeMbers introduce.themselves, state What background inforMationthey wish to give, and relate their reasons and expectations for serving.: Regular meetings are currently scheduled on a quarterly basis. CWD:jdp MEMORANDUM TO: FROM: SUBJECT: DATE: Mayor and City Council City Manager Carl J. Jullie Emergency Operating Plan February 13, 1987 As Councilmembers are aware, we do have a very complete and detailed Emergency Operating Plan which was updated in July of last year. The purpose of this plan is, of course, to help insure the effective coordinated use of the various resources including City personnel, equipment and services from other agencies. On Friday, January 23rd, a practice exercise was carried out at the Eden Prairie Public Safety Building (Emergency Operating Center) under the overall review of the Hennepin County Emergency Preparedness Director. This exercise simulated the problems we would face in the event of a major plane crash in the City. Those who participated in this exercise included the City Manager, Director of Public Safety, numerous Public Safety Officers and Staff, Reserve Officers, Fire Chief, Fire Marshal, Public Works Director, Street Superintendent, Water Plant Superintendent and Radio Dispatch people from Richfield. This practice exercise went very well. After about 20 minutes into the exercise, I was called back to the City Hall for some urgent business and I did not return to the exercise. Later Chief Wall reported that my absence did not diminish the effectiveness of the practice. This was as to be expected because the Emergency Operating Plan cannot, of course, be dependent upon the presence or absence of one or two individuals; rather its success depends upon a large team of people who are well prepared to respond quickly and effectively during emergencies and who can function well even if the top management people or other key persons are absent. During a water shortage emergency on a Sunday morning in March of 1985, I was called at home and arrived at the Public Safety Building within one hour of being notified. Upon my arrival the Public Safety Department and the Water Department staff had the situation well in hand. Mayor Peterson was also present to help give information to the news media. This real incident demonstrated that the City can respond effectively in an emergency even if the City Manager is not immediately present. My principal responsibility as City Manager is to make sure that the plan is in place, that the staff is well prepared, and that our response will be effective whether or not I am present during the emergency. Also for the Council's general reference, we are prohibited by State Law from requiring any person to be a resident of the City or County as a condition of employment. Councilmembers did raise a very legitimate question about the availability of the City Manager and Finance Director during emergency situations, and I trust that the foregoing discussion will help allay any concerns. CJJ:jdp MEMORANDUM C TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Servicesle...- DATE: January 27, 1987 SUBJECT: Homeward Hills Park Plan The 1979 Park Bond Referendum included a commitment to develop Homeward Hills Neighborhood Park as soon as the park was acquired through park dedication. The City acquired the southeast portion of the park in 1980 thru the dedication of parkland with Bluff's West 2nd Addition, and anticipated acquiring the northwest portion of the park with the dedication from Bluff's West 3rd Addition; however, questions regarding the expansion of the landfill delayed and eventually stopped further consideration of Bluff's West 3rd Addition. During the summer of 1984, BFI donated the northwest portion of the park to the City and later that year the City completed grading of the ballfields and placing the surcharge on the road and parking area. The softball field and soccer field will be usable for the first time in the spring of 1987. Our engineers have indicated the surcharge can now be removed from the road and parking area and the final development of the park completed. e Homeward Hills Park is a large neighborhood park containing approximately 37 acres, much of which is lowland, unusable area but productive open space for wildlife cover. The active use area of the park will serve an extremely large neighborhood that is defined by County Road 1 on the north, the Minnesota River to the south, Purgatory Creek to the east and Flying Cloud Airport and BFI to the west. This neighborhood has been extremely patient in waiting for their neighborhod park facilities and the Community Services Staff recommend completing this park during the summer of 1987. This project would include the following: 1. Removing the surcharge and paving the parking lot and thru roadway. 2. Constructing a park shelter (in this case moving the barn onto the site and remodeling the barn to accommodate the proposed park shelter programs). 3. Constructing two tennis courts, a half basketball court, and two sand volleyball courts. 4. Expanding the playstructure area. 5. Constructing a lighted hockey rink and skating area. 6. Landscaping the area around the park shelter, tennis courts, and playstructure. 7. Providing minimal security lighting in the parking area and along the park road. The Community Services Staff will also be recommending the installation of water and sewer to the park shelter during this phase of development. This would be the first neighborhood park shelter with City Water and sewer. (the only other park shelter with City water and sewer is the Round Lake park building) The Community Services , Staff: recommend installation of these facilities at this time at an estimated fost:of $40,000tfor: the water, sewer, and construction of therestrooms4 due_tothe size of the park shelter, the distance from this park to other parks of its type and the potential for the types of programs that can be offered in:the ,park shelter once it is .; remodeled, Staff would anticipate providing progams on a year round bas1S4n -:thit building that would serve generally the southeast quadrant of the City Indoor Sanitary facilities would be required to offer these. services. The Parks, Recreation and Natural Resources Commission will be reviewing the proposed plavat their February 2. 1987 meeting, and the City COUncil at the February 17th ' meeting. The:estimated cost for this project will be approximately $150,000. Money for, this : project will come from cash park fees that hav&beentollected from new development. Community. Services Staff request the ?arks., Recreation and Natural Resources Commission and the City Council to approve the cOhtept plan for completion of this park,:and -to authorize staff to obtain the proper quotes and bids for completion of this4roject. Upon 'receipt of the various quotes. for each'portioh of the project, staff:will:Submit the quotes for approval by:the COMMission and the CoUncil.. UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCE COMMISSION Feb. 2, 1987 -3- V. DEVELOPMENT PROPOSALS A. Homeward Hills Park Refer to memo dated January 27, 1987 from Bob Lambert, Director of Community Services. Lambert reviewed the park's history. It was designated as a park site in 1979. At that time, the developer was working on Bluffs West 2nd Addition and the City acquired the first half of the park in 1980 anticipating the acquisition of the other half with the development of Bluffs Vest 3rd Addition. When this was put on hold, BFI donated the other portion to the City in 1984. The City received input from nearby residents at that time and later that year graded the ballfields and placed the surcharge on the road and parking areas. The softball and soccer fields will be usable for the first time this spring and the engineers have indicated that the surcharge from the road and development can be completed. The project will include the following: removing the surcharge and paving the parking lot and road; the barn will be moved onto the site and remodeled; two tennis courts, a half basketball court and two sand volleyball courts will be constructed; the playstructure area will be expanded, a lighted hockey rink and skating area will be constructed, the area around the park shelter, tennis courts and playstructure will be landscaped and minimal security lighting will be added in the parking area and along the park road. Lambert introduced Barb Cross, Park Planner, who was present at the meeting to show slides on the proposed development of Homeward Hills Park. The slides included how the park looks at the present time, the barn which will be moved in and used as a shelter, a concept plan of proposed park development and inside plans for the shelter. Barb noted that there will have to be two exits added from the top story of the building and they are considering adding a deck. Cook asked if the sink in the multi-use area could be enclosed so it is not always available for use. Lambert said that there will always be a warming house supervisor present so this should not be a problem and the building will not be open unless it is reserved. Joyer asked if a fireplace could be added to the multi-purpose room. Lambert said it could be done, but would be extremely expensive because it is a two story building. Baker said the memo indicates that the cost will be $150,000. Does this include the cost of moving the barn, doing renovations and additions? Lambert said the cost includes all these items plus rocking and paving the driveway. The City has not had bids yet and if this amount is not enough to cover all these items, they will be done in phases. UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCE COMMISSION Feb. 2, 1987 -4- Cook asked if there is already a bike path so access to the park will not be a problem. Lambert said yes. Shaw asked if the City has access to a tree remover to move in some trees or if larger trees could be acquired to use in the park. Shaw feels the barn will look rather stark if there aren't some larger trees around it. Lambert said the City has access to a tree spade and two nurseries. MOTION: Baker moved to accept the Homeward Hills Park Plan as presented. Cook seconded the motion. Breitenstein asked if there were any residents present at the meeting that would like to express their feelings about the plan at this time. John Kennedy, who lives on Jack Pine Trail, said he likes the plan and is ready for the park whenever the City is ready. Sue Schultz, who lives on Summer Place, asked if $150,000 has been earmarked for this park. Lambert said the money is received from cash park fees. Schultz asked if there is any reason the City Council will not approve the plan. Lambert said he doesn't anticipate any problems. Schultz asked how long the park improvements will take. Lambert said it will take all summer. Steve Knutson, who lives on Huntington Drive, asked if any of the park areas will be lit. Lambert said it is the policy not to light any neighborhod park facilities other than skating areas. The motion passed 7-0. B. Tree Farm Refer to staff reports dated January 9, 1987 and November 21, 1986. Ron Krueger representing Countryside Investments was present at the meeting. Krueger said the property is adjacent to Homeward Hills Park and south of County Road 1. Plans are to develop 72 single family lots on this site. A portion of the area is heavily wooded with pines as high as 30 feet. Some trees will have to be removed in order to complete this project which is planned to begin early next spring. There will be a pathway along County Road 1 with the possibility of grading a path to the park. Krueger asked Lambert what the status is on this. Lambert said the plan was to use land located in the airport active use area, but the Metropolitan Airports Commission is not interested at this time. Krueger feels there should be a direct connection from this development to the park although the existing sidewalk system does not show this. MEMORANDUM TO: Mayor and City Council THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services At" DATE: February 12, 1987 SUBJECT: Alcohol Use in Parks Attached, for your review, is a January 17, 1987 memo regardin g a l c o h o l u s e i n :parks and a copy of the February 2, 1987 minutes of the:1 3 aeks, Recreation and Natural Resources Commission. Council members will note:the : p a r k s ' , R e c r e a t i o n and Natural Resources Commission recommended the City Counci l a p p r o v e a restriction on allowing kegs in parks to licensed users onl y , a n d t o l i m i t alcohol to 3.2 beer and wine only. The majority of the discussion at the Parks, Recreation and N a t u r a l - R e s o u r c e s : Commission level related to whether the prdinace should list 3 2 b e e r o r j u s t : "beer and wine only". The CoMmission suggested the.r -"3".2beer" as it'Avoilld be a message to users that parks are not going to be places whe r e h e a v y d r i n k i n g or drunkedness will be tolerated. At the February 11th City staff meeting, this issue: was:disc u s s e d : a t l e n g t h with the City attorney and the Director of Public Safety. T h e C i t y a t t o r n e y pointed out that there is an extremely small difference, in t h e a m o u n t o f alcohol content between 3.2 beer and ":strong teer" and Ahat the: Cityinay have a problem enforcing the 3.2 beer ordiances As suggested unle s s t h e C i t y A s willing to strictly enforce the drinking of 3.2 beer:: :City: s t a f f s u g g e s t s t h e Council consider an ordinance that would restrict the use ofi k e g s t o t h o s e groups or individuals that have obtained a license to sell in t h e • p a r k a n d that the language read "alcohol is limited to beer and wine only". Staff would request the Council direct the -City attorney to draft an ordinance for first reading at the March 3rd Council meeting. The Council might also choose to include in the ordinance,a r e s t r i c t i o n o n the use of glass containers for beer and pop. UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCE COMMISSION Feb. 2, 1987 -9- C. Reports of Athletic Coordinator 1. Season Ending Reports a. 3-Women Basketball - Fall 1986 b. Table Tennis - Fall 1986 c. Men's Hockey - Fall 1986 d. Racquetball - Fall 1986 e. Co-Rec Volleyball - Fall 1986 These are information items only. MOTION: Shaw moved to recommend approval of the recommendations made in the reports. Joyer seconded the motion and it passed 7-0. VII. OLD BUSINESS None VIII. NEW BUSINESS A. Ordinance Regulating Use of Alcohol in Parks Refer to memo dated January 23, 1987 from Bob Lambert, Director of Community Services. Lambert said this issue is being discussed because of the liability involved and the size of the problem. As examples, he cited the annual spring parties by Bloomington kids which are held at Staring Lake every year and the fatal accident which occured after a vo- tech party last year. Lambert said he feels allowing no alcohol whatsoever is not justified, but he recommends that beer and wine only be allowed and no kegs without a permit. A discussion followed regarding use of strong beer versus 3.2 beer. MOTION: Joyer moved to recommend that the City draft an ordinance to allow 3.2 beer and wine only in City parks and no kegs without a permit. Shaw seconded the motion and it passed 7-0. (r MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation and Natural Resources Commission Carl Jullie, City Manager Bob Lambert, Director of Community Services January 23, 1987 Alcohol Use in Parks On September 5, 1986, Mr. David L. Drugg, Loss Control Manager for Northstar Risk Services, Inc., the City's Liability Consultant, wrote a memo to John Frane, Finance Director, summarizing the result of a loss control survey of City operations. The memo listed a number of facility improvements and operation procedures that should be corrected to minimize the potential for loss. On page 3 of that memo recommendation No. 18 was as follows: "It would be highly desirable for the City to establish a policy/ordinance prohibiting the use of alcohol in City park areas, and on City property." On January 12, 1987, Jim Clark, Eden Prairie Public Safety Department, wrote a memo to the Director of Community Services regarding alcohol use in parks. A copy of the memo is attached. Mr. Clark indicates the Public Safety Staff would recommend at least eliminating the use kegs in parks. He believes this would help reduce the amount of alcohol consumed at parties that occur in and around our parks. Mr. Clark indicates that "it becomes apparent that surrounding communities are beginning to say no" and many times people who are drinking in tne parks "come to Eden Prairie" so they can drink because we allow it. The Community Services Staff completed a survey of surrounding communities to determine their ordinances regarding use of alcohol in parks. A copy of that survey is attached. All of the cities and the Hennepin County Park Reserve District have some limitations on the use of alcohol in parks, either by eliminating alcoholic beverages completely, such as Edina, Chanhassen and St. Louis Park or requiring permits or other restrictions. The City of Eden Prairie has discussed the use of alcohol in parks on occasion over the years. The general consensus has always been that as long as we are not having any serious problems with alcohol abuse we should continue to give people as much freedom as possible in the use of public facilities. Mr. Clark cites an incident that occurred this past August when a young woman left Staring Lake Park and had an accident on Highway 169 that caused the death of two people. The young woman had been drinking beer from a keg and her blood alcohol level was more that twice the legal limit. The Community Services Staff would not recommend changing an ordinace affecting how everyone use our City parks based on the poor judgement of one individual; however, in these times of an extremely "liability conscience" public, it is obvious the City must take precautions that will "minimize the potential for loss". Upon review of how alcohol is generally used in City parks, st a f f h a s d e t e r m i n e d t h a t kegbeer is used by two major types of users. 1) public service groups for City functions such as the 4th of July celebration, Schooner Days, C o r n F e e d A n d b y l a r g e r ,.pichic groups 2) Deer in bottles and wine is generally used by i n d i v i d u a l s o r families atterding ball games or pinicking in the park. There i s g e n e r a l l y v e r y :little •se of hard liquor for mixed drinks. The Community Services Department recommends the Parks, Recreat i o n a n d N a t u r a l Resources Commission and the City Council consider revising the-P a r k - U s e ' O r d i n a n c e t o liMit the use of alcohol in parks to 1.2 beer and wine only Staff would further recommend that keg beer be only allowed by'perMit and the _decis i o n f o r a l l o w i n g k e g beer Would be restricted for public service events such as the ' C o r n F e e d , t h e 4 t h O f JUly Celebration, etc. where a temporary license has been approv e d : f o r t e l l i n g t o t h e public. BL:md Hopkins/Minnetonka - Hopkins - beer & wine only Minnetonka - allowed, except for Lone Lake where a permit is needed for beer in keg St. Louis Park - no alcohol beverages allowed Shakopee - beer only in picnic shelter areas Hennepin Parks - beer and wine only ---no kegs Brooklyn Park - 3.2 beer only Edina - no liquor Bloomington - 3.2 only (3 parks) in designated picnic area. No liquor in rest of the parks. Burnsville - Need a special alcoholic permit - sending one in mail Plymouth - no liquor, except a special permit is issued for softball tournament. Chanhassen - no alcoholic beverages allowed MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Attached is a December 11, 1986 memo to the Parks, Recreation and Natural Resources Commission that provides background for previous Council action: regarding the policy for naming parks, as well as background : information on the temporary names that have been assigned to a number of parks within the . City. This issue was discussed at the December 15, 1986 meeting and the -January 5, 1987 meeting of the Parks, Recreation and Natural Resources Commission. The Commission recommended to approve the following names: • Frnalo Park • Homeward Hills Park • Eden Lake Park • Willow Park • Carmel Park • Hidden Glen Park . Edenbrook Park The Commission discussed at length the possible renaming of Red Rock Park and Prairie East Park, and recommended postponing the renaming of those parks until after the referendum to avoid confusion, as both of those parks are proposed for improvements with the referendum. BL:md Mayor and City Council Carl Jullie, City Manager Bob Lambert, Director of Community Services lirt-" February 12, 1987 Officially Naming Parks MEMORANDUM Or TO: FROM: DATE: SUBJECT: Parks, Recreation and Natural Resourcs Commission Bob Lambert, Director of Community Services 124.4- December 11, 1986 Officially Naming Parks and F4cilities There are a number of parks and facilities that have been officially named by the City Council; however, there are several parks that have been unofficially named by the Community Services Staff for convenience of reference to date. The names of the parks that should be officially named by the City Council are as follows: 1. Franlo Park 2. Prairie East Park 3. Homeward Hills Park 4. Lake Eden Park 5. Red Rock Park 6. Willow Park 7. Carmel Park 8. Hidden Glen Park 9. Edenbrooke Conservation Area Several years ago the City Council had a lengthy discussion regarding a policy for naming parks. The Council concurred that whenever possible the park should be named based on location, so when the name of the park is heard people familiar with the community would know approximately where the park would be located. For instance, Round Lake Park, Staring Lake Park, Riley Lake Park, Birch Island Park are obviously located adjacent to those bodies of water. Hidden Ponds Park was located in the Hidden Ponds neighborhood and Nesbitt Preserve Park was located in the Preserve neighborhood. It was suggested that if a park was located in the defined neighborhood the City should consider the major road abutting the park as a possible name for the park. For example, Homeward Hills Park and Franlo Park have been designated those names simply because of the location adjacent to those major roads. The Community Services Staff have the following comments on several of the existing tentative park names: 1. Franlo Park - Although, that name does describe the location of the park, it is not an especially attractive name for a park. The Community Services Staff do not have any better recommendation for naming that park at tills time. 2. Prairie East Park - Prairie East was the name of the Planned Unit Development that included Prairie East Park. It is located on the eastern edge of Eden Prairie, but does not describe any specific location. The street names located in that subdivision are either old English names such as Nottingham Trail, Friar Drive, Squire Lane, Lord Court or names describing trees such as Balsam Lane, Juniper Lane, Dogwood Circle, Sumac Circle. The park is located on Buckingham Drive. The Parks, Recreation and Natural Resources Commission may wish to recommend changing the name to Buckingham Park, leaving the name as is, or naming the park after a park in England such as Hyde Park. 3. Homeward Hills Park- Homeward Hills Park is a rather nice sounding park name and not only describes the location (adjacent to Homeward Hills Road) but also describes the hilly character of the area around the park. Staff recommends leaving the park name as is. 4. Lake Eden Park - The School District has named their elementary school Eden Lake Elementary and they have requested that we change the name of the park to Eden Lake Park. The Community Services Staff concur with the request. 5. Red Rock Park - Although Red Rock Park is the neighborhood park serving what is commonly referred to as the Red Rock neighborhood, the city does anticipate acquiring a 4-5 acre park on the south shore of Red Rock Lake when the Red Rock Ranch Subdivision is developed. It may be confusing to have a Red Rock Lake Park and a Red Rock Park. Staff would suggest either leaving the neighborhood park name as is and not plan on naming the park on the lake "Red Rock" or changing the name of the neighborhood park. 6. Willow Park- This park is located north of Valley View Road adjacent to Butterscotch Road. The park is largeley a marshy area and has a number of willow trees in the park. The Community Services Staff recommend keeping the park name of Willow Park. 7. Carmel Park - This is the neighborhood park for the Carmel Subdivision and the adjacent smaller subdivisions. Staff recommends leaving it named Carmel Park. 8. Hidden Glen Park - This park is located in the northwest part of the City adjacent to Dell Road in the Hidden Glen Subdivision. Hidden Glen does not describe the character of the park; however, it is the name of the subdivision. Staff would recommend leaving the park named Hidden Glen. 9. Edenbrooke Park - The City owns approximately 120 acres of marshland between Dell Road and Duck Lake Road. The park and open space plan recommends this area be designated a conservation area and the main purpose of the park is to preserve the Purgatory Creek floodplain and adjacent marsh and woodlands. Edenbrooke is the name of one of the subdivisions adjacent to the marsh area. The park could be referred to as Edenbrooke Park or the Edenbrooke Conservation Area. Staff would recommend that perhaps Edenbrooke Park is a more consistent name, as it will be very similar to the type of park that is already referred to as Edenvale Park. The Community Services Staff would also like to address the naming of the facility that is currently referred to as the Senior Center. The Senior citizen programs will be transferred to the existing City Hall, and the lower floor of that facility will be the new "Senior Center". Community Services Staff recommend renaming that facility on the north shore Staring Lake as the Outdoor Center, as staff -ls recommending that facility be the location for programming outdoor education programs and will be used for reservations for group picnic use, etc. The location and the rustic character of the buildings make an ideal facility for the development of outdoor education programs such as teaching of camping skills, fishing and hunting, orienteering, backpacking, cross-country skiing, bird watching, and other outdoor recreation pursuits, as well as an attractive location for company picnics, family reunions, etc. The Community Services Staff request the Parks, Recreation and Natural Resources Commisison to review these recommendations and may wish to establish a more formal procedure for the naming of parks in the future. BL:md CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 87-42 CSAH 4 LAYOUT APPROVAL (LUTHER WAY TO TERRY PINE DRIVE) WHEREAS, the Hennepin County Department of Transportation has prepared a preliminary layout for the improvement of a part of CSAH 4 (Eden Prairie-Road) within the corporate limits of the City of Eden Prairie,, from Luther May to Terrey Pine Drive, and seeks the approval thereofand WHEREAS, said preliminary layout plan it consistent:With:the proposed improvements to TH 5 by the Minnesota Department of Trantportation (MnDOT) and that the project schedules are proposed to ooncurrent. NOW, THEN BE IT RESOLVED that said preliminary layout for the improvement of said CSAH 4 within the corporate limits be and hereby is approved subject' to the following: A. The City requests that a traffic analysis-be :conducted to determine that the intersection of Wagner Way/CSAH 4/Prairie Entrance be signalized with initial construction and coordinated with the revised signal at TN S. B. That the County note that the City has requested of MnDQT the installation of a pedestrian bridge over TH 5 along the east side of CSAH 4 and requests the County to adjust its plans if the request is implemented. C. That the County make provisions for future signal installation at Terrey Pine Drive/CSAH 4 intersection if warranted in the future. ADOPTED by the Eden Prairie City Council on February 17, 1987. ATTEST: John D. Frane, Clerk Gary D. Peterson, Mayor SEAL JJ TO: THROUGH: FROM: DATE: RE: Mayor Peterson and City Council Members Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works February 12, 1987 CSAH 4 Layout Approval The Hennepin County Department of Transportation has requested City approval of the proposed layout plan for CSAH 4 (Eden Prairie Road). The plan does match the Minnesota Department of Transportation (MnDOT) plan which you approved in the past. However, you should note the following details regarding the County proposal: A. The City has never requested, nor has Hennepin County provided for, a Signal installation at Terrey Pine Drive. The initial installation should not warrant signals, but the Resolution requests that the County make provisions for a future installation when traffic volumes increase. B. The County has suggested that a signal may not be warranted at the intersection of CSAH 4/Wagner Way/Prairie Village Mall Entrance at initial construction stage. It is my opinion that capacity problems at the intersection may exist immediately upon completion without signalization. Therefore, the Resolution of Approval requests that the County perform a traffic study in an effort to determine if the installation can be constructed immediately. C. You will note that there is a median proposed along the entire segment of CSAH 4 with openings at Luther Way, Wagner Way and Terrey Pine Drive only. We have discussed this matter with Hennepin County at great length and I concur that this is the proper traffic design to follow. However, the access for Super America will change with this construction. Sheldon Avenue and the second access to Prairie Village Mall will also have reduced turning movements available. D. Finally, the Resolution asks that Hennepin County coordinate their project to provide for a pedestrian overpass over TH 5, if that installation does proceed. I will be available at the Council meeting to show you the proposed plan and to further discuss the project. EAD:sg