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HomeMy WebLinkAboutCity Council - 06/02/1987 FINANCE DIRECTOR ' JOHN FRANE CITY OF EDEN PRAIRIE BOARD OF REVIEW AGENDA • TUESDAY, JUNE 2, 1987 6:00 P.M. COUNCIL CHAMBERS 7600 EXECUTIVE DRIVE BOARD OF REVIEW MEMBERS: Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock BOARD OF REVIEW STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Assessor Steve Sinell, Hennepin County Representative Don Monk, and Recording Secretary Jan Nelson. PLEDGE OF ALLEGIANCE ROLL CALL I. RECONVENE BOARD OF REVIEW MEETING II. APPROVAL OF BOARD OF REVIEW MINUTES OF MEETING HELD THURSDAY, MAY 14, 1987 III. REVIEW OF ITEMS CONTINUED FROM MAY 14, 1987 IV. OTHER BUSINESS V. ADOPTION OF RESOLUTION NO. 87-140, ACCEPTING THE 1987 ASSESSMENT VI. ADJOURNMENT • CITY OF EDEN PRAIRIE BOARD OF REVIEW TUESDAY, MAY 14, 1987 7:30 PM, CITY COUNCIL CHAMBERS 7600 Executive Drive BOARD OF REVIEW MEMBERS: President of the Board Gary D. Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock BOARD OF REVIEW STAFF: Assistant to the City Manager Craig Dawson, City Assessor Steve Sinell, . City Staff Appraisers Lorna Thomas, John Sams, Janice Monson, and Rick Petersburg, Hennepin County Represen- tative Don Monk, and Recording Secretary Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL: Board Member Richard Anderson was absent. I. CALL MEETING TO ORDER Board of Review President Peterson called the meeting to order. Assistant to the City Manager Dawson stated notice of this meeting had been properly published in the Eden Prairie News; notice of the meeting was also included on each valuation notice which was sent to homeowners. Dawson said the purpose of this meeting was to allow any tax payer to come before the Board of Review to request the Board act to amend the classification or property valuation which the City Assessor and his Staff has determined to be appropriate to that property. City Assessor Sinell reviewed the procedure to be used for tonight's meeting; appellants appearing in person would be heard first and then letters from those appellants not able to attend would be read into the record. II. ORDER OF BUSINESS A. Personal Appeals 1. FLOYD SIEFFERMAN - 6997 Edgebrook Place - 03-116-22 44 0029 Mr. Siefferman said the assessed valuation of his lot has increased 80% in five years and no other lot in his neighborhood has increased that much. He reviewed several lot and house values in the Cardinal Creek neighborhood for the Board and stated that he felt his assessed valuation should be at least $21,000 less. Board of Review Minutes -2- May 14, 1987 t Pidcock asked City Assessor Sinell why the staff be- lieved values in this area went up 6% last year. Sinell said every year the Staff studies the sales of existing property versus the assessor's market values and their comparison of that information in- dicated that a 6% increase was appropriate. Bentley noted the only comparables that can be used would be those sold prior to January 1st. Bentley asked Sinell to address Mr. Siefferman's comment that his lot price has increased 80% in five years. Sinell said that many times the first lots in a subdivision are sold for a lower price to get the neighborhood started; later the lot prices are increased. Bentley said he would like to have Staff take another look at this property, primarily because of the issue of lot price and the question of whether one lot can be significantly higher than others in a subdivision. Pidcock noted that Cardinal Crrek has had a history of very long marketing periods for resale. MOTION: Bentley moved, seconded by Harris, to refer the Siefferman property, PID 03-116-22 44 0029, to Staff for further review and research on comparable neighborhoods and other sales within the Cardinal Creek neighborhood. Motion carried unanimously. 2. DOUG REUTER - 8750 Black Maple Drive - 24-116-22 21 0057 3. AL TRAYNHAM - 8698 Black Maple Drive - 24-116-22 21 0054 4. SCOTT DRUM - 8746 Black Maple Drive - 24-116-22 21 0056 5. THOMAS HALLER - 8758 Black Maple Drive - 24-116-22 22 0027 Doug Reuter said several residents along his side of Black Maple Drive believe the values of their homes have suffered severely from the lower quality of development that has occurred on the other side of the street. He reviewed current values and resale prices in the neighborhood for the Board and said they would like to see the entire street lowered in value. City Assessor Sinell said his staff would like to do a complete appraisal on each one. Reuter said the appraisers have been in his house three times in three years and he didn't see any benefit in another appraisal. Sinell noted that the appraisers who performed those appraisals have left the staff. I Board of Review Minutes -3- May 14, 1987 James Cramer said he agreed with Mr. Reuter's comments. He said he had built a much nicer home in Amsden Hills seven years ago on a larger lot. Last year that property on Talus Circle was assessed at $162,000 while the value on his home on Black Maple Drive was assessed at $174,000. He noted that one of the homes directly across the street from him was appraised at $105,000. MOTION: Harris moved, seconded by Pidcock to refer the following properties to Staff for further review: Reuter property PID 24-116-22 21 0057 Traynham property PID 24-116-22 21 0054 Drum property PID 24-116-22 21 0056 Haller property PID 24-116-22 22 0027 Motion carried unanimously. 6. KENNETH JOHNSON - 16370 Westgate Drive - 08-116-22 41 0020 Mrs. Johnson said their assessed valuation was increased by $17,500 this year; none of the other houses in the area was increased that much. She said she asked Staff about the increase and was told there was an $8,000 increase in land values across the board plus $3,400 for the porch they added to their home. She said that leaves $6,100 of the increase unaccounted for. In the future Bentley said he would like to see docu- mentation of the increases with a breakdown of the specific items included in the increase and the appraised value from the preceding year to compare to this year's appraised value. City Assessor Sinell said the point of the annual assess- ment is to physically appraise 25% of the property and come up with a new value which reflects the current market value. He said this entire neighborhood was reappraised this year and the big increase in this property is in the lot value. MOTION: Pidcock moved, seconded by Bentley, to refer the Johnson property, PID 08-116-22 41 0020, to Staff for further review. A discussion followed regarding what items Staff should review. Harris said she had a question as to whether the average increase across the neighborhood was the same. Appraiser Thomas said the increase for the land value was the same throughout the Westgate Board of Review Minutes -4- May 14, 1987 neighborhood and was based on vacant land sales that had taken place. Bentley called the question. VOTE ON THE MOTION: Motion carried unanimously. 7. JAMES E. JORDAN - 16210 Westgate Lane - 08-116-22 41 0012 While Mr. Jordan was not present, Bentley said he would assume this involved issues similar to the previous property on Westgate. MOTION: Bentley moved, seconded by Pidcock, to refer the Jordan property, PID 08-116-22 41 0012, to Staff for further review in order to provide more detailed information as to the justification for the increase. Peterson said he thought it was important to focus on the Estimated Market Value of the property and to determine if that is a reasonable value. If the EMV is reasonable, then the rate of increase is somewhat immaterial. VOTE ON THE MOTION: Motion carried with Peterson voting "No." 8. JAMES V. CRAMER - 8754 Black Maple Drive - 24-116-22 21 0058 MOTION: Bentley moved, seconded by Harris, to refer the Cramer property, PID 24-116-22 21 0058, to Staff for further review. Motion carried unanimously. 9. BILL SMETANA - 16171 Westgate Lane - 08-116-22 41 0026 Mr. Smetana said he knew land values have increased but not as much as the increase in the lot valuation would indicate. He said they are still paying for the sewer and water. Pidcock said she thought Mr. Smetana had a valid point regarding the sewer and water. Sinell said he con- sidered that to be similar to having a mortgage on your property--the market value of the property is still the same. MOTION: Bentley moved, seconded by Pidcock, to refer the Smetana property, PID 08-116-22 41 0026, to Staff for further review of the justifications for the assess- ments. Board of Review Minutes -5- May 14, 1987 Peterson asked if we are asking for review or just more written data. Bentley said previously this has been interpreted as meaning Staff is to do whatever is needed to justify the assessment or to sit down with the property owner and work out an alternative agree- ment. VOTE ON THE MOTION: Motion carried with Peterson voting "No." 10. STEVEN & JANE HACKETT - 6880 Hallmark Drive - 04-116-22 34 0071 Jane Hackett said they have new construction and they feel the assessed valuation was done unfairly, consider- ing the other values in the neighborhood. She said the house next door is very similar and that was assessed at $131,400. City Assessor Sinell said the review has not been com- pleted and they would recommend referral to Staff for completion of the review. MOTION: Harris moved, seconded by Pidcock, to refer the Hackett property, PID 04-116-22 34 0071, to Staff for completion of the review. Motion carried unanimous- ly. 11. ROBERT NEWBERRY - 10323 Nottingham Trail - 25-116-22 13 0069 MOTION: Pidcock moved, seconded by Harris, to refer the Newberry property, PID 25-116-22 13 0069, to Staff for review. Motion carried unanimously. 12. SCOTT DOWNEY - 6651 Countryside Drive - 05-116-22 31 0061 City Assessor Sinell read a note from Mr. Downey in which he objected to the large increase in market value since they have made no improvements to their home. MOTION: Pidcock moved, seconded by Harris, to refer the Downey property, PID 05-116-22 31 0061, to Staff for further review. Motion carried unanimously. 13. TENENBAUM-HILL ASSOC., INC. - Commercial Property 11-116-22 42 0013 (Spencer Dean, Sr.) 11-116-22 42 0002 (Hustad's) 11-116-22 42 0003 (Quads) 11-116-22 42 0004 (Oldre) / Board of Review Minutes -6- May 14, 1987 11-116-22 42 0005 (Frana) 11-116-22 42 0009 (Town & Country) 11-116-22 42 0025 (Lake Ridge Assoc.) 11-116-22 42 0036 (Lundgren, Johnson, Petersen) 11-116-22 42 0037 (WCO'B Partners) 11-116-22 42 0038 (WCO'B Partners) 11-116-22 42 0040 (Top Property) 11-116-22 42 0041 (Ryan Development) Mr. Bruce Sanders, representing Lake Ridge Office Park, said he had some additional information and would like to work with Staff on the review of this office building. MOTION: Pidcock moved, seconded by Bentley, to refer the Tenenbaum-Hill Assoc., Inc. properties, PIDs 11-116-22 42 0013, 11-116-22 42 0002, 11-116-22 42 0003, 11-116-22 42 0004, 11-116-22 42 0005, 11-116-22 42 0009, 11-116-22 42 0025, 11-116-22 42 0036, 11-116-22 42 0037, 11-116-22 42 0038, 11-116-22 42 0040, 11-116-22 42 0041, to Staff for review. Motion carried unanimously. 14. ROBERT ROSS - 9260 Overlook Trail - 24-116-22 34 0028 Robert Ross said that he was a new resident and that his assessed valuation increased 30-33% this year. While the basement had been finished by the previous owner, he still didn't understand why the valuation was increased by $4,800 and would appreciate a review of the property by the Staff. MOTION: Bentley moved, seconded by Harris, to refer the Ross property, PID 24-116-22 34 0028, to Staff for further review. Motion carried unanimously. 15. RICHARD & FRANCES DOHRMANN - 18517 Harrogate Drive - 06-116-22 31 0016 Richard Dohrmann said he wasn't sure how to proceed in evaluating his property and would like to determine if the increase in his assessed valuation was similar to that of other property in his neighborhood. MOTION: Bentley moved, seconded by Pidcock, to refer the Dohrmann property, PID 06-116-22 31 0016, to Staff for review. Motion carried unanimously. 16. BRIAN & KAREN RINDAL - 15633 Canyon Ridge - 16-116-22 32 0019 Brian Rindal said he bought his house a year ago for for $127,600 and his estimated market value is now Board of Review Minutes -7- May 14, 1987 $139,400. He said to his knowledge there had been no assessor through his property and he wanted to appeal the assessed valuation. MOTION: Bentley moved, seconded by Pidcock, to refer the Rindal property, PID 16-116-22 32 0019, to Staff for review. Motion carried unanimously. B. Written Communications Written communications were received from the following and are attached to these Minutes. 1. DUANE E. CHUMLEY - 13601 James Place - 03-116-22 34 0050 MOTION: Bentley moved, seconded by Pidcock, to refer the Chumley property, PID 03-116-22 34 0050, to Staff for further review. Motion carried unanimously. 2. PETER J. RAND - 15361 Village Woods Drive - 16-116-22 34 0016 MOTION: Bentley moved, seconded by Harris, to sustain the Assessor's estimated market value on the Rand property, PID 16-116-22 34 0016. Motion carried unani- mously. 3. RICHARD NUBSON - 15505 Morraine Way - 16-116-22 31 0031 MOTION: Pidcock moved, seconded by Bentley, to refer the Nubson property, PID 16-116-22 31 0031, to Staff for further review. Motion carried unanimously. 4. DAVID R. JOESTING - 6835 Sand Ridge Road - 03-116-22 43 0008 MOTION: Harris moved, seconded by Pidcock, to refer the Joesting property, PID 03-116-22 43 0008, to Staff for further review. Motion carried unanimously. 5. JAMES & LINDA MORTELL - 10403 Brown Farm Circle - 35-116-22 11 0079 MOTION: Bentley moved, seconded by Pidcock, to refer the Mortell property, PID 35-116-22 11 0079, to Staff for further review. Motion carried unanimously. 6. BRUCE H. ELLIASEN - 9635 Bennett Place - 25-116-22 23 0022 3 Board of Review Minutes -8- May 14, 1987 MOTION: Bentley moved, seconded by Harris, to sustain the Assessor's estimated market value on the Elliasen property, PID 24-116-22 23 0022. Motion carried unani- mously. 7. OLYMPIC HILLS CORPORATION - Olympic Hills Golf Course 23-116-22 44 0025 23-116-22 44 0026 24-116-22 33 0007 24-116-22 33 0008 24-116-22 34 0045 25-116-22 21 0045 25-116-22 21 0046 25-116-22 22 0016 25-116-22 22 0037 25-116-22 23 0027 MOTIONS Bentley moved, seconded by Harris, to sustain the Assessor's estimated market value on the Olympic Hills Corporation properties, PIDs 23-116-22 44 0025, 23-116-22 44 0026, 24-116-22 33 0007, 24-116-22 33 0008, 24-116-22 34 0045, 25-116-22 21 0045, 25-116-22 21 0046, 25-116-22 22 0016, 25-116-22 22 0037, 25-116-22 23 0027. rr Motion carried unanimously. k, 8. EDENVALE GOLF COURSE - Edenvale Golf Course 09-116-22 41 0002 04-116-22 44 0001 10=116-22 32 0049 09-116-22 11 0003 MOTION: Harris moved, seconded by Pidcock, to sustain the Assessor's estimated market value on the Edenvale Golf Course properties, PIDs 09-116-22 41 0002, 04-116-22 44 0001, 10-116-22 32 0049, 09-116-22 11 0003. Motion carried unanimously. 9. DANIEL JOHNSON - 5420 Mt. Normandale - Double Bungalow 09-116-22 31 0011 Non-Homestead MOTION: Pidcock moved, seconded by Bentley, to refer the Johnson property, PID 09-116-22 31 0011, to Staff for further review. Motion carried unanimously. 10. PERKIN-ELMER CORP. - Industrial Property 01-116-22 13 0018 01-116-22 13 0019 01-116-22 13 0020 01-116-22 42 0003 01-116-22 42 0004 Board of Review Minutes -9- May 14, 1987 MOTION: Harris moved, seconded by Bentley, to refer the Perkin-Elmer Corp. properties, PIDs 01-116-22 13 0018, 01-116-22 13 0019, 01-116-22 13 0020, 01-116-22 42 0003, 01-116-22 42 0004, to Staff for review. Motion carried unanimously. 11. DAVID INVESTMENT CO. - Commercial Property 14-116-22 13 0005 14-116-22 42 0002 MOTION: Pidcock moved, seconded by Harris, to refer the David Investment Co. properties, PIDs 14-116-22 13 0005, 14-116-22 42 0002, to Staff for review. Motion carried unanimously. 12. RENEE GIGLIO STROM - P. 0. Box 24108 - Residential 25-116-22 21 0024 Non Homestead 25-116-22 21 0025 MOTION: Bentley moved, seconded by Pidcock, to refer the Strom properties, PIDs 25-116-22 21 0024, 25-116-22 21 0025, to Staff for further review. Motion carried unanimously. 13. PATRICIA & TIMOTHY CRAIN, JR. - 7919 South Bay Curve 17-116-22 24 0001 MOTION: Pidcock moved, seconded by Bentley, to refer the Crain property, PID 17-116-22 24 0001, to Staff for review. Motion carried unanimously. 14. MTS SYSTEMS CORP. - Commercial/Farm 15-116-22 21 0004 15-116-22 23 0004 15-116-22 42 0002 (0001) 15-116-22 13 0001 15-116-22 22 0010 MOTION: Harris moved, seconded by Bentley, to refer the MTS Systems Corp. properties, PIDs 15-116-22 21 0004, 15-116-22 23 0004, 15-116-22 42 0002 (0001), 15-116-22 13 0001, 15-116-22 22 0010, to Staff for review. Motion carried unanimously. 15. Q PETROLEUM CORP. - Commercial 14-116-22 31 0040 MOTION: Bentley moved, seconded by Harris, to refer the Q Petroleum Corp. property, PID 14-116-22 31 0040, to Staff for review. Motion carried unanimously. 16. MARIAN WINES - 6993 Edgebrook Place - 03-116-22 44 0013 irBoard of Review Minutes -10- May 14, 1987 MOTION: Pidcock moved, seconded by Harris, to refer the Wines property, PID 03-116-22 44 0013, to Staff for review. Motion carried unanimously. III. CLOSE MEETING MOTION: Pidcock moved, seconded by Harris, to reconvene the Board of Review at 6:00 PM, Tuesday, June 2, 1987, prior to the City Council meeting. Motion carried unanimously. Bentley noted that Staff did a very good job in putting together the overall assessed valuation for the past year. The consensus was that Staff effort. Assistant to the City Manager Dawson noted that the the entire assessing staff attended the meeting tonight. MOTION: Harris moved, seconded by Bentley, to adjourn the meeting at 9:40 PM. Motion carried unanimously. l4 9 CITY OF EDEN PRAIRIE BOARD OF REVIEW AGENDA THURSDAY MAY 14, 19B7 7:30 PM, COUNCIL CHAMBERS 7600 EXECUTIVE DRIVE BOARD OF REVIEW MEMBERS: Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock. BOARD OF REVIEW STAFF: Assistant to the City Manager Craig Dawson, City Assessor Steve Sinell, City Staff Appraisers Lorna Thomas, John Sams, Janice Monson, and Rick Petersburg. Hennepin County Representative Larry Miller, and Recording Secretary Jan Nelson. PLEDGE OF ALLEGIANCy ROLL CALL 4 t'w I. CALL MEETING TD ORDER II. ORDER OF BUSINESS III A. Personal Appeals B. Written Communications III. CLOSE MEETING — — a' 1 D'<l m l z�a o f 2 a H 3 T c) < c'd D cl < r -I p -a z _ A ` a <' m I °_ 1 ° ] Z $ : .5 g < n X Z C m O Ct O n o ^ D n e i a c 0 m i O �.P T D m m 2 2 n $ v e 5. V 3 n 9 $ $' N'� 9 D -O[ 9 3 . as m s, O n f) n W W W W DAD D D n nD A D p a 2 + + ow . . Oi N A I W N + E {)i A N N + I N N + IJ N + F. 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O'r .0 0 W A 0--•W ut CO O C7 ..Q rn 0 0 -. o, N o� 0 7 O 0. 0) 0 ,-r C 0).-• co A • 00 0.N 0 A O al O > A C. W 's 7 + + I 1 1 ' . �• p l0 N N' N W I--.(Jl I-. + .... ~ S O N vl O 0l V Os N vs O VI P 00 O 0 O O O O n O0IO0 O 0. 0 0 L. 'r CT _ l N 71 ,".. ID 0 N �• Cl Cl W (0 .-. .. ,"' N .0 VI N "11 (D t0 W u- r N W e`I m I N cr.A \�• 0 T 0 .. S W W A . as N a 0 X cn0 l0 , n D7 r.. tTN �-•'D N '�' N n1.0 0 _ O 0 0 t0 I ) V W CO N V \ V F `010)i 0 0 C ` CO O H 'O O W N a oo 0 n n AIA� , o I a ,t I + .-I-•I + I ICO+I ________...,a 1 Q VI 0 • N IIINWWW oi0 VI 0 0 0 0 ID 0O 010 0 b 00 p = N 00 00 0 0 00 p co C O L. Jt . r_�.. W r O _ _ 0. ," 1 -. 4 d L 1 RICHARD A. SALITERMAN LAW FIRM /. 1113,T �/.1cel ATTORNEYS AT LAW (( SUITE 1200, EIRST SANE PLACE WEST 120 SOUTH LIARS STREET MINNEAPOLIS,MINNESOTA 55402 ATTORNEYS 10,21339-1400 RICHARD A.SALITERHAN JOHN E.ALDEN m May 1, 1987 TELEX 2,5373 ELO•D E.5IEEEERMAN,JR. DAVID L.SOUC• SEIR R.JOHNSON VIA CERTIFIED MAIL SIP 307 464 828 RETURN RECEIPT REQUESTED Eden Prairie City Assessor 7600 Executive Drive Eden Prairie, Minnesota 55344 Re: Property I.D. 03-116-22 44 0029; Appeal of proposed 1987 Market Value. Gentlemen: This will confirm telephone conversation this morning with your office in which I asked that my Appeal of the proposed 6.0% in- crease in the Real Property Assessment "market value" of my home at 6997 Edgebrook Place, Eden Prairie be placed on the agenda for the Board of Review meeting to be held May 14, 1987 at 7:30 p.m. Appeal is based upon inequality (lack of uniformity) and overvalu- ation of subject property. Many others in our neighborhood had their assessments lowered in recent years. Ours was not, appar- ently because I did not then protest. The proposed 6.0% increase greatly exceeds the inflation rate. Perhaps most importantly the actual sales prices on nearby homes have fallen over the last three years, some as much as 31%. Homes on either side of ours have been for sale for more than one year --- and neither has sold. A number of homes have been for sale for two years or more. My home, about 300 yards from a virtually identical home in Arbor Glenn, is now valued by you at $28,300.00 more than the asking price in the Arbor Glenn home, which is on a much more usable lot. Something is seriously wrong in such a valuation. } I simply cannot agree to any increase in purported valuation. Even before this increase my home was valued unfairly high. Now it is unacceptably so. Sincerely ours, oyd E. SieEferman, Jf FES:drf j g T 2 s m Z a o' Z a o' ;'T c o r p o , z m m -1 0 p. 9 r I m 3 <' n 1 c 5 12 D ; a Z li m a a 2 a, N aI x Z w O m O '� ; M 1 0 " -gag. 2 5 a a 2 QQa, 8 �� �.• ,. 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I.D. 03-116-22 34 0050 Eden Prairie Board of Review 7600 Executive Drive Eden Prairie, MN 55344 Dear Sirs: I would like to appeal the 1987 Estimated Market Value which has been placed on my hone located at 13601 James Place, however, I am unable to attend the meeting tonight, May 14, 1987. The valuation has been set at $103,900, however, I just recently had the property appraised in connection with the widening of Baker Road. The appraisal was done by Ken Lewis & Assoc., 4600 W. 77th St., Edina, MN 55435. They placed the present value at $92,000 and the value after the 14 feet was taken for the widening of Baker Road, the value was estimated to be $88,500. I have enclosed copies of the two pages which give the Appraisers analysis. Thank you for your consideration in this matter. Sincerely, Duane E. Chumley 13601 Janes Place Eden Prairie, MN 55344 (612) 937-8678 4 • 24 ANALYSIS AND CONCLUSION The previously mentioned sales have been analyzed and adjusted for their various differences such as size, location, age, condition, terms and various other items. These sales in my opinion have reflected an estimated market value of: Total Estimated Market Value Before the Taking: $92,000 Total Estimated Market Value After the Taking: 88,550 Total Estimated Amount of Damages: $ 3,450 F 25 ANALYSIS AND CORRELATION The two approaches to value considered are the Cost Approach and the Market Approach. The first method is the Cost Approach which reflects a total estimated value before the taking of $94,000. The second method of appraising this property is the Market Approach where a number of comparable sales have been analyzed and adjusted for their various differences, to reflect a total estimated value of $92,500. It is the appraiser's•opinion that the Market Approach is the best method of appraising the subject property since it reflects the actions of buyers and sellers, both with knowledge of the real estate market, and neither being under abnormal pressure to buy or sell. Therefore, the total estimated market value of the subject property is as follows: Total Estimated Market Value Before the Taking: $92,000 Total Estimated Market Value After the Taking: $88,550 Total Estimated Amount of Damages: $ 3,450 { 'RAN REAG ESTALE Writers Direct Dial Number 347-9356 PETER J. RAND, CCIM May 12, 1987 Mr. Steve Sinell City Assessor 7600 Executive Drive Eden Prairie, MN 55344 PE: Tax Appeal on 15361 Village Woods Drive Dear Mr. Sinell: This letter is to confirm my intention to appeal my 1987 tax valuation. Mr. Rick Petersburg from your office re-appraised my property on May 11, 1987. I appreciate your fast response and cooperation. Sincerely, „ - . PETER 7. .RAND SIR:pas C,G119 Individual Member TOWLE REAL ESTATE COMPANY • 330 Second Avenue South • Minneapolis,MN 55401 • (612)341-4444 47 Eden Prairie City Assessor May 14, 1987 7600 Executive Drive Eden Prairie, Mn. , 55344 Subject: Real Property Valuation. To the City Assessor, Since I have a prior commitment, I am writing this letter in place of appearing at the Board of Review. Basically, I find that I do not agree with the valuation of my house and I have made an appointment with a city assessor to inspect my property again. My house is one of the smaller houses on the block and still it has a higher valuation. Further, I feel that if I wanted to sell my home now, it would be very difficult to impossible to do for the amount listed in the notice, because of the unfinished and unkempt house next door. That house is an eyesore. The yard is wild, unmowed and trash-littered with concrete blocks, pallets and beer cans. I feel very strongly that this effects the value of the homes on Morraine Way. Sincerely yours, Richard C. Nubson 15505 Morraine Way v vim$ NAV : 3 •u:, I EDEN Prairie City Assessor May 13, 1987 7600 Executive Drive Eden Prairie, Mn. 55344 Dear Sir, I would like to appeal the assessment on my home for tax purposes. The property I. D. # is: 03-116-22 43 0008 d The basis for my appeal is the following. During the past month I have gone through the process of attempting to refinance my home. The appraisal done by a professional appraisor valued my home at $12,000 less than the value assigned by your office. Because I could not believe this was accurate, I had the house looked at by a second appraisor. He also told me that the approximate value of my house was less than the level at which I am being taxed. If these appraisors are right, then I have been unfairly taxed on this house for the past 5 years. If they are wrong and you are right, then I have been unfairly denied the opportunity to refinance. I should also mention that the appraised value I was given is less than the purchase price even though I have made significant improvements in the property since .purchase. I discussed the problem with Rick Petersburg this morning. We have made an appointment for him to appraise the house Wednesday, May 20th. I am unable to be present at the Board of Review meeting tomorrow evening. I hope this letter will serve to begin the review process. Thank you for your attention. Sincerely, David R. Joest,ing _ry 1 Ltii I !3 6- Cv I.D.#25-116-22-23-022 Bruce H. Elliasen d S - iv - 7 9635 Bennett Place A. Eden Prairie, MN 55344 lll—'496 May 12, 1987 To: Eden Prairie Board of Review: Last year, I called the Eden Prairie City Assessor to discuss why our 1986 Market Value was so much higher than our neighbors'. The City Assessor assured me that the City was going to raise ALL our neighbors' Market Value. I believed him and I DIDN'T elect to appear at last year's Board of Review Meeting because I believed that all of our neighbors' Market Value would be raised to a level which would be considered a value measured at, or close to, current selling price. Our house has been valued at or above current market selling prices for the last three years. Then why, again this year, is our house valued at a market value of $221,500.00 from $213,000.00 in 1986? We purchased our home in July of 1985 for $190,000.00. Our home has a 1985 value of $190,000.00. Listed below are sane examples of our neighbors' homes: 1987 Market Year Price Paid Value Purchased For Home $183,000 1986 $265,000 $181,000 1985 $225,000 $184,000 1985 $235,000 Considering the above relationships between our neighbors' 1987 Market Value and price paid for their homes, I think our 1987 Market Value should be lowered to $175,000.00. Our house has a total of 1,895 square feet on the first floor, and 895 square feet of finished space on the second floor, which is less square feet than any of the above three neighbors' houses. Our lore has always had a market value considerably higher than our neighbors', and this is why, today, our market value is too high. The Eden Prairie City Assessors Office raises market values by area, at a set per- centage and each home is not considered by itself. I believe that our neighbors' houses are being valued at a 1987 Market Value, which is indicative of other areas in Eden Prairie. I have checked two other similar areas in Eden Prairie, and their market values compare to my neighbors', but are considerably lower than our 1987 Market Value. Why are my neighbors' Market Value so much lower than our Market Value compared to a current selling price? I believe our Market Value has always been too high! PLEASE LOWER OUR MARKET VALUE. Thank you. Sipcerely yours, 1 vim_ `C.LL� Bruce H. Elliasen MEMORANDUM To: Board of Review From: John Sams, Appraiser Thru: Steven R. Sinell, City Assessor Subject: Letter to Board of Review, 9635 Bennett Place PID # 25-116-22 23 0022 Date: May 13, 1987 When Mr. Eliasen purchased the property in 7/85 for $190,000 the dwelling was in need of repairs & the EMV for 1/85 was lowered from $202,900 to $190,000 in order to reflect the condition of the property. The EMV for 1/86 was $213,000. This increase was due to the addition of a pool, porch, and also for the completion of the repairs. The 1/87 EMV is $221,500. A sales analysis was done in the neighborhood on exist- ing properties using sales from 10/1/85 to 9/3D/86. Six sales occurred during this time period and ratios were as follows: Mean - 87.02, Median - 86.75, Range - 77.78 - 96.74. It was determined by Assessing Staff that a 4% increase was needed to equalize values with other properties in Eden Prairie. It is my opinion that the EMV of $221,500 for 1/87 does ( represent the fair market value. JLS/akn 1 . O EDENVALE GOLF COURSE, INC. Pro Shop O . 14990 Valley View Road 37_9.347 Bar& Restaurant Eden Prairie, Minnesota 55344 mil r v 9374739 The Honorable Gary Peterson, Chairman Eden Prairie Board of Review c/o Mr Steven R. Sinnell, City Assessor i. 7600 Executive Drive Eden Prairie, MN 55344 May 12, 1987 Re: 1987 Proposed Assessment for Edenvale Golf Course, Inc., etal Dear Chairman Peterson: Please be advised that Golfview Investment Co. No. 2 and Edenvale Golf Course, Inc. wish to keep all options open with respect to seeking adjustment in the real estate taxes proposed to be assessed on the properties described on the attached notices. Very truly yours, GOLFVIEW INVESTMENT CO. NO. 2 and EDENVALE GOLF COURSE, INC. BY �� izi ENM:mm/ encls. 4 Edward N. Ma sur, President cc: Mr Milton Bilk, Hennepin County Assessor Room A - 2103 Government Center 300 So. Sixth Street Mpls, MN 55487 4, • •¢rCT 44( )ns1 1`is7 REAL PROPERTY ASSESSrEU1 VALUATION NOTICE • CITY OF EDEN PRAIRIE• it EDEN PRAIRIE CITY ASSESSOR 7u00 EXECUTIVE DRIVE PROPERTY I.D. EllEN PRAIRIE. MN. S 344 09-116-22 41 0002 TELEPHONE: 16121 937-741S • 09-116-22 41 0002 1987 MARKET VALUE 272,600 1987 DEFERRED VALUE SOS,000 CLASSIFICATION 3A 3A • CULFVIEU INVESTMENT CO NO 2 200 S. ROBERT ST. SUITE 300 ATTN: MARY MANSUR ET. PAUL, MN. 55107 PROPERTY TYPE COMMERCIAL THE EDEN PRAIRIE BOARD OF REVIEW WILL MEET ON THURSDAY MAY 14, 1987 AT 7;30 r.n. IN THE COUNCIL CHAMFERS, 7600 EXECUTIVE DRIVE, EDEN PRAIRIE. ALL APPEALS ARE DONE Of CALLING THE ASSESSING DEPARTMENT. THE COUNTY LOANO OF EQUALIZATION WILL MEET ON J'ULY 6. 1987. TELE. NO. 434b—S076. • • i • • • • • • • • • • • • J.YN 2, 19;;7 REAL PRt:r'i:rtl'Y n1t.:E''i:SHE4T VALUAYIJA GOiICL 47 CITY 01' EDEN PPAIRIE EWER PRAIRIE CITY A::SCS.::Gi2 • 7r:4a EXECUTIVE ORIvE PROPERTY 1.0. �.S 04-11L--22 44 4001 i3UL'1: PRAIRIE, 11N. !4+ TELEPHONE 16121 957-741 0-i-116-H 44 0001 1587 MARKET VALUE 143,300 1967 DEFERRED VALUE 349,400 •CLASSIFICAT10N 3A 3A GOLFVIEW IN'VESTNSi.T CO HO 2 2C4 S. ;40EtiT S:T. SUITE 300 ANTI:: 11,,IU hu:iiSUR ST. PA+UL, MA. S6147 PROPERTY UPC CO:1Pt.hClAL THE ::DEN PRAIRIE SOARO OF RiviEW WILL nEET ON ThHURSDA`f MAY 14. 1987 AT • 7•30 P.M. IN THE COUNCIL CHAMOERS, 7600 EXECUTIVE DRIVE, EDEN PItAIRIE. ALL APPEALS Ailf OONE by C..LL1NC THE AS£E,51Ni: DEPARTMENT. THE COUNTY l::,nJO OF' EQUALIZATION WILL MEET ON JULY 8, 1937. TELE. NO. btiL'-SL7G. • •a• • • it • JAN 2, I? MEAL PROi.E rY A SEs::r1ENT VALUATION NOTICE • CSTY OFF EDEN PRAIRIE ESEN PRAIRIE; CITY A`:SE::S01i 7600 EXECUTIVE DRIVE PROPERTY L.O. EUEN PRAIRIE, MN. '-".Si344 1u-116-22 32 0049 IL'•LEPMONE: 4612i 937-741 10-114-22 32 0049 1987 MARKET VALUE 141,500 • 1987 DEFERRED VALUE 263,000 CLASSIFICATION 3A 3A COLFV1Ew 1NVE li1Cl T CO 1:0 2 2O0 ROUEAT ST. SUITE 300 ATTN: NARY MANSUR ST. PhuL, r1N. 55107 PROPERTY TYPE COMMERCIAL • THE COEN PRAIRIE IsDAMD OF REVIEU DILL MEET ON THURSDAY MAY 14, 19E7 AT 7:34 P.m. IN ME 10UNCIL CRAM$EER5. 7600.EXECUTIVE DRIVE, EDEN PRAIRIE. ALL APPt_.:L ARE DONE &Y CALL1NZ THE ASSESSING DEPARTMENT. THE COUNTY 60A1.G of EONAL1ZATION WILL MEET OM JULY 6, 1987. TELE. D. 1348-Z476. • • 1 .. • • • , • .1 I 9 t.AOPEiert VAL‘rd.TION NOTICE. CITY id: cAhzr4 PRAIRIE . EDLN oqAlcie :17Y A!. 1:: (11.% EAE:..071VE DRIVE PR(WEM 1.0. '..7DEN PRAIRIE. MN. EL344 09-116- 2 11 0043 TELEPMCNE: 1612) 927-741S 09-11C-24 11 0001 1987 MARKET VALUE - 1937 DEFERRED VALUE 886,000 CLASSIFICATION 2A 7A COLVIEU INVESTMENT CO NO 2 206 S. ROUERT zr. SOITE $00 AfTN: MAKY mANSUR T. PAUL, MN. SE107 PROPERTY TYPE COMmERCIAL4C NON-MOMESTEAD IKE EDEN- PRA/RIE-BOARD OF REVIEW ULU- MEET ON TMURSDAY MAY 14, 1987 AI 730 ;"..M. IN Tit COUNCIL CHANDERS ' V EDEN erchnit. ArP-LAL. AKE OL & 0 CALL1NC Titg...lil.i.SEi....1t/— ii_DE:13ARTMENT The couury Md.zsta OF ON JULY , 19E7. TELE. NO. 4.23-itE-SO7ü. ii • • • • • May 14, 1987 Board of Review City of Eden Prairie 7600 Executive Drive Eden Prairie, Minnesota 55344 RE: 15421 - 15423 Trillium Circle Eden Prairie, Minnesota PID # 09-116-22 31 0011 1987 Market Value - $132,000 Dear Board of Review: The purpose of my letter is to request that the 1987 market value of the above-referenced property be decreased to $120,000.00. I purchased the property December 1, 1986 for $106,000.00. This was Net of real estate commission and points. If a commission of 7% and 3 points were added to the purchase price, the adjusted purchase price would approximate #118,000.00. Although the building has 4 bedrooms in each unit, it has only a single garage for each unit. This will signifacantly decrease the value per unit if I'd try to sell each half separately to an owner occupant. Additionally, the new cul-de-sac being constructed to the immediate rear of the building has been built up to approximately 3 feet above the elevation on the rear lot line, and my tenants have indicated some reluctance to continue renting due to the traffic on both ends of the property. The purchase price was arrived at by determining what cash flow would be required to support the purchase of the building. At the $106,000.00 purchase price and current rents of $725.00 and $740.00, the building still produces a negative cash flow before taxes of approximately $40.00 per month. As of January 1, 1987, the tax break has been all but eliminated, thereby making break- even investment property more important. Kindly consider the above and decrease the market value for 1987 downward to $120,000.00. Thank You. } Sincerely, Daniel O. Johnson 5420 Mt. Normandale Curve Bloomington, Minnesota 55437 PH: (H) 835-4285 (0) 831-6601 8 t [4)4: C'/,iiiewali,'/Jiire/iiie A/o/. ✓ili/ //iifir�i it May 12, 1987 Via Express Mail lJ*��' � Return Receipt Requested 157(3#// Eden Prairie Board of Review Pa City Hall JerflCe 7600 Executive Drive 3,� Eden Prairie, Minnesota 55344 Attention: Mr. Steven R. Smell, C.M.A. City Assessor Re: The Perkin-Elmer Corporation 6509 Flying Cloud Drive, Eden Prairie, MN Dear Mr. Smell: The National Bureau of Property Administration, authorized tax agent for the below listed property, protests the assessment for January 2, 1987, and requests a review of the property consisting of the following parcels: Property I.D. #01-116-22-13-0018 01-116-22-13-0019 01-116-22-13-0020 01-116-22-42-0003 01-116-22-42-0004 Cordially, NATIONAL BUREAU OF PROPERTY ADMINISTRATION (_-rLGGd,1-ez :•//Frank Caccavale Appraiser FC:g q}p}A lr 1 David Investment Company, Inc. 7703 Normandale Road Suite 111B Edina, Minnesota 55435 May 7, 1987 Mr. Steve Sinell Eden Prairie City Assessor 7600 Executive Drive Eden Prairie, Minnesota 55344 Dear Mr. Sinell , As we have filed a formal tax abatement on the property and lot at 8140 Flying Cloud Drive, Eden Prairie, Minnesota (Property I. D. # 14-116-22-13-0005 and # 14-116-22-42-0002), I doubt it is necessary to attend the Eden Prairie Board of Review on May 14, 1987, as all of our information, etc. has been sent to you and forwarded to the County Assessor. If you need additional information please call me at 835-0041. A copy of this letter will be sent to Mr. Kermit Benson, Hennepin County. Assessor, regarding the County Board of Equalizaton meeting on July 6, 1987. Sincerely yours, D. 0. Hansen, President David Investment Company, Inc. cc: Kermit Benson Hennepin County Assessor • Room A-2103 Government Center 300 South Sixth Street Minneapolis, Minnesota 55487 DH/jb ` Tenenbaum-Hill Associates,Inc.4900 Main,Suite 1000,P.O.Box 30330,Kansas City,Missouri 64112 816/753.8900 FAX:816/753-5790 t?i.t.3 MAY 1 3 1987 May 12, 1987 City of Eden Prairie Board of Review c/o City of Eden Prairie Assessor's Office 7600 Executive Drive Eden Prairie, MN 55344 Re: Property Owner: Hustad Properties Property Address: 7460 Market Place Drive Eden Prairie, MN 55344 PIN Number: 11-116-22 42 0002 THA Case No.: MN 50-11-1987 To the Board: Our firm represents the above—referenced claimant with regard to the 1987 assessment of the above property. We are mailing this letter to you on behalf of the claimant to appeal the assessment of this property. We request a review of the assessment by the City of Eden Prairie Board of Review because our opinion of Market Value is lower than the Assessor's estimated Market Value. We are requesting that the Market Value be reduced from $499,800 to $257,300. We have attached documentation to support this protest. Please direct all further communications regarding this matter to me at the following address: Tenenbaum—Hill Associates, Inc. 4900 Main Street, Suite 1000 P 0 Box 30330 Kansas City, Missouri 64112 We appreciate your attention to this matter. Sincerely, BRUCE C. SANDERS Consultant l Enclosure A property tax service(or all fifty states. KANSAS CITY OAK BROOK,IL BUFFALO HARTFORD BOSTON ORLANDO NEW YORK SALT LAKE CITY EL PASO ALBUQUERQUE \FASHINGTON,D.C./BALTI\O>RE ST.LOUIS DALLAS'FT.WORTH DEN\'ER SAN.ANTONIO/AUSTIN HOUSTON\11NNEAPOLIS/ST.PAUL < (7 T N?N;UUM-HILL .1SSO:I.3TES, INC. 05/11/37 Income Iooroacf tat usable space ) !Zeta 5,431.00 11.0000 = 57,741.00 AULT: 1.1010 ;rose potential rental income 59,741.00 Minus vacancy and :radit loss C 13.0000 ;) 3,961.15 ffattiva y'ros3 income 51,779.95 LESS EXPENSES: Total expanse C 25.0000 ) 12,695.00 To:al axpeneas CAs 1 of income 25.0001) 11,695.30 Not oaeratin; income 35,134.35 CA?ITAi2ZATISN Overall Rate 0.10010 _ffettiva tax rate 0.04300 Capitalization rate 0.142200 Not income/capitalization rata 257,300.00 Indicated assessed value 2 asset ratio of 1.00000 257,300.00 :urrant as3essad value is 499,200.00 :1u3:ad Procerty Financial 50 MarKet ?lac.a Or ..Jan Prairie, MN 5431 SF NR; THA reference number 1 Case number MN 30 11 S7 RE 2ecord number 21667 Appraiser 3C5 Tenenbaum•Hill Associates,Inc.4900 Main,Suite 1000,P.O.Box 30330,Kansas City,Missouri 64112 816/753.8900 FAX:816/753.5790 REC'O MAY 13 1987 May 12, 1987 City of Eden Prairie Board of Review c/o City of Eden Prairie Assessor's Office 7600 Executive Drive Eden Prairie, MN 55344 Re: Property Owner: Quads Property Address: 7470 Market Place Drive Eden Prairie, MN 55344 PIN Number: 11-116-22 42 0003 TEA Case No.: MN 50-16-1987 To the Board: Our firm represents the above-referenced claimant with regard to the 1987 assessment of the above property. We are mailing this letter to you on behalf of the claimant to appeal the assessment of this property. We request a review of the assessment by the City of Eden Prairie Board of Review because our opinion of Market Value is lower than the Assessor's estimated Market Value. We are requesting that the Market Value be reduced from $413,100 to $233,200. We have attached documentation to support this protest. Please direct all further communications regarding this matter to me at the following address: Tenenbaum-Sill Associates, Inc. 4900 Main Street, Suite 1000 P 0 Box 30330 Kansas City, Missouri 64112 We appreciate your attention to this matter. Sincerely, 9 Cliga befa44-44 — BRUCE C. SANDERS Consultant Enclosure A property tax service for all fifty states. KANSAS CITY OAK BROOK,IL BUFFALO HARTFORD BOSTON ORLANDO NEW YORK SALT LAKE CITY EL PASO ALBUQUERQUE WASHINGTON.DC./BALTIMORE ST.LOWS DALLAS/FT.WORTH DENVER SAN ANTONIO/AUSTIN HOUSTON MINNEAPOLIS/ST.PAUL • r.`l.:N :•!-HiL: 4S3CCI.. T=., IN:. 15/11/37 Incom. Approach lr gross potential rental income 81,000.00 .ffectiva jroso in:o.e 31,303.30 EXP:NI°S: =a3., Year :x'ensas 31,110.03 • Total ex,ensas 31,130.0) Total axaensas (As . of income 13.1931) 31,100.0C :Jet oparstin; income 43,401.00 CA?ITALIZA T.3N 0varj11 ,late 0.1)030 Zfraotive tax rata 0.11430 . Capitalisation rata 0.21400 Nat incoma/capitalixat.on rats 233,200.00 indicated assessed value 2 aasm't ratio of 1.00000 233,200.30 • .Currant assessed value is 412,130.03 Lake Ridge C`fica Park-31do 2 7470 Market ?laca Orive 'dart Prairie, ;4N -THA refarenca nu.r.bar 1 Case number MN 50 15 87 R_ Record number 21701 Appraiser SCS • • C Tenenbaum-Hill Associates,Inc.4900 Main,Suite 1000,P.O.Box 30330,Kansas City,Missouri 64112 816/753.8900 FAX:816/753.5790 I Lc'D MAY 13 237 May 12, 1987 City of Eden Prairie Board of Review c/o City of Eden Prairie Assessor's Office • 7600 Executive Drive Eden Prairie, MN 55344 Re: Property Owner: Oldre Partnership Property Address: 7480 Market Place Drive Eden Prairie, MN 55344 PIN Number: 11-116-22 42 0004 THA Case No.: MN 50-15-1987 To the Board: Our firm represents the above-referenced claimant with regard to the 1987 assessment of the above property. We are mailing this letter to you on behalf of the claimant to appeal the assessment of this property. We request a review of the assessment by the City of Eden Prairie Board of Review because our opinion of Market Value is lower than the Assessor's estimated Market Value. We are requesting that the Market Value be reduced from $357,000 to $274,500. We have attached documentation to support this protest. Please direct all further communications regarding this matter to me at the following address: • Tenenbaum-Hill Associates, Inc. 4900 Main Street, Suite 1000 P 0 Box 30330 Kansas City, Missouri 64112 We appreciate your attention to this matter. Sincerely, BRUCE C. SANDERS Consultant Enclosure A property tax service for all fifty states. KANSAS CITY OAK BROOK,IL BUFFALO HARTFORD BOSTON ORLANDO NEW YORK SALT LAKE CITY EL PASO ALBUQUERQUE WASHINGTON.DC.'BALTIMORE ST.LOUIS DALLAS/FT.WORTH DENVER SAN ANTONIO/AUSTIN HOUSTON MINNEAPOLIS/ST.PAUL • TENENBAUM-HILL ASSOCIATES, INC. 05/11/87 Income Approach Gross potential rental income Effective gross income 36,600.00 36,600.00 LESS EXPENSES: Total expense Z ( 25.0000 %) 9,150.00 Total expenses (As % of income 25.0000) 9,150.00 Net operating income 27,450.00 CAPITALIZATION Overall Rate 0.10000 Effective tax rate 0.00000 Capitalization rate 0.10000 Net income/capitalization rate 274,500.00 Indicated assessed value @ assm't ratio of 1.00000 Current assessed value is 357,000.00 274,500.00 Oldre Building Bldg 0 3 7480 Market Place Drive Eden Prairie, MN ( '977 S.F. GBA THA reference number 2 Case number MN 50 15 87 RE Record number 21695 Appraiser BCS Tenenbaum-Hill Associates,Inc.4900 Main,Suite 1000,P.O.Box 30330,Kansas City,Missouri 64112 816/753.8900 FAX:816/753-5790 "c�G MAY 1 3 1987 a May 12, 1987 City of Eden Prairie Board of Review c/o City of Eden Prairie Assessor's Office 7600 Executive Drive Eden Prairie, MN 55344 Re: Property Owner: G & J Frana Property Address: 7490 Market Place Drive Eden Prairie, MN 55344 PIN Number: 11-116-22 42 0005 TNA Case No.: MN 50-08-1987 To the Board: Our firm represents the above—referenced claimant with regard to the 1987 assessment of the above property. We are mailing this letter to you on behalf of the claimant to appeal the assessment of this property. We request a review of the assessment by the f City of Eden Prairie Board of Review because our opinion of Market Value is lower than the Assessor's estimated Market Value. We are requesting that the Market Value be reduced from $357,000 to $144,500. We have attached documentation to support this protest. Please direct all further communications regarding this matter to me at the following address: Tenenbaum—Hill Associates, Inc. 4900 Main Street, Suite 1000 P 0 Box 30330 Kansas City, Missouri 64112 We appreciate your attention to this matter. Sincerely, BRUCE C. SANDERS Consultant Enclosure A property tax service for all fifty states. KANSAS CITY OAK BROOK,IL BUFFALO HARTFORD BOSTON ORLANDO NEW YORK SALT LAKE CITY EL PASO ALBUQUERQUE \WASHINGTON,D.C.;BALTIMORE ST.LOUIS DALLAS,FT WORTH DENVER SAN ANTONIO/AUSTIN HOUSTON MINNEAPOLIS/ST.PAUL TEN:?1iouM-H:L'_ 1::2CIATiS, IN:. )5/11/37 ir :ncom3 Iparoach gat usau:3 .,:ace ) :ate :,1s?. )0 11.1020 . 24,1)0.30 AULT: 1.0030 :rosy potential rental income 34,150.00 '':inu3 vacancy and :r-!dit 1333 C __.C)C) :) 5,450. )0 _ffectiva ;r3s3 in:one 23,544.10 -_is cxe'c''1i ::: Total ax3ens3 , C 23.0OC') 1) 7,1d1.30 Total axpensas C=s . of ins3m) .5.)0)0) 7,151.3C i .Jet upyratin) in:ome 21,433.30 i CAPITA.I::.T?7ii )varall Rate 0.11000 :ffactiva tax rata 0.04 70 Caaitali_ation rat3 D.14270 1 Mot -.income/capitalization rate 14.e300.3D Indicated assesteO value i assr': reti3 3f 1.03C0D 144,500.0D I Currant assass3d value i5 357,010.0) R -ana and Sons !rt.:. 1 �. :50 `tar<et ?lace 3r.va i i .d_n Fr3iria, AN 1 3i3C s ARC 1 i TriA rafaranc3 nu o ar 1 j. Case numdar 4N 50 3 27 R: Raccro num3er 11357 .lpprziser 3C S 6 I • a Tenenbaum-Hill Associates,Inc.4900 Main,Suite 1000,P.O.Box 30330,Kansas City,Missouri 64112 816/753.8900 FAX:816/753-5790 ;vt:+Y t 3 1987 May 12, 1987 City of Eden Prairie Board of Review c/o City of Eden Prairie Assessor's Office 7600 Executive Drive Eden Prairie, MN 55344 Re: Property Owner: Town 6 Country Claims Service, Inc. Property Address: 7540 Market Place Drive Eden Prairie, MN 55344 PIN Number: 11-116-22 42 0009 TEA Case No.: MN 50-12-1987 To the Board: Our firm represents the above-referenced claimant with regard to the 1987 assessment of the above property. We are mailing this letter to you on behalf of the claimant to appeal the assessment of this property. We request a review of the assessment by the City of Eden Prairie Board of Review because our opinion of Market Value is lower than the Assessor's estimated Market Value. We are requesting that the Market Value be reduced from $357,000 to $207,800. We have attached documentation to support this protest. Please direct all further communications regarding this matter to me at the following address: Tenenbaum-Bill Associates, Inc. 4900 Main Street, Suite 1000 P 0 Box 30330 Kansas City, Missouri 64112 We appreciate your attention to this matter. • (Siinnceer�ely, d 4/- 3` .-Leer----- BRUCE C. SANDERS Consultant Enclosure A property tax service for all fifty states. KANSAS CITY OAK BROOK.IL BUFFALO HARTFORD BOSTON ORLANDO NEW YORK SALT LAKE CITY EL PASO ALBUQUERQUE WASHINGTON.D.C.'BALTIMMORE ST LOUIS DALLAS/FT.WORTH DENVER SAN ANTONIO/AUSTIN HOUSTON MINNEAPOLIS/ST.PAUL • TN:NIUM-HILL ASSCCIAT_Sr :NC. 35/11/17 Income Aporoacn .at usable :pace 3 late 4,017.30 12.0003 43,204.3G MULTI 1.0000 Sross potential rants? incama 43,204.00 .tinus vacancy snd credit loss ( 15.0000 'I) 7,230.60 cffectiva ;rsss insole 43,973.40 LESS cXP:iuS=S: Total axsanse . C 25.0003 ;) 10,243.03 Iota. _xpensis (A; `•6 of incsm, 24.?991) 10,243.30 Nat opsratin; income 30,730.40 3varall Rata 0.13000 cfiaativa tax rate 0.04770 Capitalization rats C.14710 • Aet income/capitalization rate 207,300.00 :ndicz:sd aasasssd value 3 assn't ratio of 1.00030 207,300.00 Currant assessed value is 357,000.01 Tosn E Country Claims Sarvica '40 A:arKet %lacy Or. _Jan Prairie, MN 4130 Sr NRS THA rararencs number 1 Case number MN 50 17 ET R? . ecord number 21703 APPrassar 3L5 Tenenbaum-Hill Associates,Inc.4900 Main,Suite 1000,P.O.Box 30330,Kansas City,Missouri 64112 816/753.8500 FAX:816/753.5790 May 12, 1987 City of Eden Prairie Board of Review c/o City of Eden Prairie Assessor's Office 7600 Executive Drive Eden Prairie, MN 55344 Re: Property Owner: Lake Ridge Associates Property Address: 7525 Office Ridge Circle Eden Prairie, MN 55344 PIN Number: 11-116-22 42 0025 THA Case No.: MN 50-09-1987 To the Board: Our firm represents the above—referenced claimant with regard to the 1987 assessment of the above property. We are mailing this letter to you on behalf of the claimant to appeal the assessment of this property. We request a review of the assessment by the City of Eden Prairie Board of Review because our opinion of Market Value is lower than the Assessor's estimated Market Value. We are requesting that the Market Value be reduced from $525,300 to $261,000. We have attached documentation to support this protest. • Please direct all further communications regarding this matter to me at the following address: Tenenbaum—Hill Associates, Inc. 4900 Main Street, Suite 1000 P 0 Box 30330 Kansas City, Missouri 64112 We appreciate your attention to this matter. Sincerely, 1-16441 BRUCE C. SANDERS Consultant Enclosure A property tax service for all fifty stares. KANSAS CITY OAK BROOK,IL BUFFALO HARTFORD BOSTON ORLANDO NEW YORK SALT LAKE CITY EL PASO ALBUQUERQUE \CASHINGTON,DC..'BALTIMORE ST.U)L'IS DALLAS'FT WORTII DEN\'ER SAN ANTONIO'AUSTIN HOUSTON MINNEAPOLIS/ST.PAUL 7:NdN.J1-HILL ASSOCIATES, 1N:. 05/11/S7 :ncoma 1p:roach ,.a: usao.a space tare 5,530. 30 11.•JO30 = 60,300.30 '4ULT: 1.1000 3rass potential rental incomo 6),500.00 tinuo vacancy and .rad_t lose C :5.0003 ;) 3, 073.00 :ffac._ve ,;roos income 51,423.00 LESS cXP:N313: Total 3x 'dnS3 C 25.0003 ';) 12,336.01 Total ax;anaas (As , of incom; 2..3935) 21,350.00 Net oparatin; in:oaa 33,369.00 ;.A?ITALI_AT:iN 3varall 3ata 0.10000 fia:tava-tax- rate 0.C4730 Caaitaliza:ian rota 0.14710 :Jet income/capitalization rate 257.,003.30 1naico_ad zasO =et! va1Je ) assm't ratio of 1.00000 261,000.00 Currant aaseasad value is 515,300.00 ;ca Rid,- Asa:ci-.icn ,_5 Cffica lid;a�Circla 9dan Prairie, MN 3300 SF >7R.1 TtA reference number 1 Case number MN 50 3 E7 RE •::a ord number 21535 Appraiser 3C5 Tenenbaum-Hill Associates,Inc.4900 Main,Suite 1000,P.O.Box 30330,Kansas City,Missouri 64112 816/753.8900 FAX:816/753.5790 3 1,87 May 12, 1987 City of Eden Prairie Board of Review c/o City of Eden Prairie Assessor's Office 7600 Executive Drive Eden Prairie, MN 55344 Re: Property Owner: Bruce E Lundgren and D Johnson & B Perterson Property Address: 7520 Market Place Drive Eden Prairie, MN 55344 PIN Number: 11-116-22 42 0036 THA Case No.: MN 50-10-1987 To the Board: Our firm represents the above-referenced claimant with regard to the 1987 assessment of the above property. We are mailing this letter to you on behalf of the claimant to appeal the assessment of this property. We request a review of the assessment by the City of Eden Prairie Board of Review because our opinion of Market Value is lower than the Assessor's estimated Market Value. We are requesting that the Market Value be reduced from $214,200 to $95,400. We have attached documentation to support this protest. Please direct all further communications regarding this matter to me at the following address: Tenenbaum-Hill Associates, Inc. 4900 Main Street, Suite 1000 P 0 Box 30330 Kansas City, Missouri 64112 We appreciate your attention to this matter. Sincerely, BRUCE C. SANDERS Consultant Enclosure A property tax service for all fifty states. KANSAS CITY OAK BROOK,IL BUFFALO HARTFORD BOSTON ORLANDO NEW YORK SALT LAKE CITY EL PASO ALBUQUERQUE WASHINGTON.D.C.,BALTIMORE ST.LOL'IS DALI.AS:FT.1Y'ORTH DEN ER SAN ANTONIO/AUSTIN HOUSTON MINNEAPOLIS/ST.PAUL • • TcN_N:AJM-HILL 4SSCIiaT=3, :NI. )5/11/37 Incame Approach (tat usaol3 scaia ,ate ,111.10 11.1000 . ._,i;)... AIULT: 1.10)0 oroso potential rantsl incama '_,113.10 4iaus vacancy and :radii loss ( 15.0)00 ';) �3,315.50 _ffra:va ;rasa intale 11,7?3.50 LU i Total axasnsa C 21.0001 !) 4,S35.00 Totes: axa.,isa: C..s of incoaa 24.393C) 4,653.00 Na: op•eratin; incola 14,195.50 IIAPITALIZATIIN Ov_ra._ 3ata 0.11000 ffaaive tax rats 0.04730 :apitalication rata 0.1:710 Net income/capitalization rata 95,403.10 Indicated a.,sessad value assm': ratio of 1.03010 95,400.10 ,currant assessad vales is 2:4,I)0.00 iu-lding 11 Icndo Asao: unit 1 :C Offices ?idga Circle _den Prairie, MN 20_u IF AR.: Tka refarencs number 1 case numoer :IN :0 IJ 37 R° tacord numoer 21554 Appraiser 3C 3 l Tenenbaum-Hill Associates,Inc.4900 Main,Suite 1000,P.O.Box 30330,Kansas City,Missouri 64112 816/753-8900 FAX:816/753-5790 ;{f ', MAY 3 1987 • May 12, 1987 City of Eden Prairie Board of Review c/o City of Eden Prairie Assessor's Office 7600 Executive Drive Eden Prairie, MN 55344 Re: Property Owner: WCO'B Partners Property Address: 7520 Market Place Drive Eden Prairie, MN 55344 PIN Number: 11-116-22 42 0037 THA Case No.: MN 50-14-1987 To the Board: Our firm represents the above-referenced claimant with regard to the 1987 assessment of the above property. • We are mailing this letter to you on behalf of the claimant to appeal the assessment of this property. We request a review of the assessment by the City of Eden Prairie Board of Review because our opinion of Market Value is lower than the Assessor's estimated Market Value. We are requesting that the Market Value be reduced from $86,700 to $37,400. We have attached documentation to support this protest. Please direct all further communications regarding this matter to me at the following address: Tenenbaum-Hill Associates, Inc. 4900 Main Street, Suite 1000 P 0 Box 30330 Kansas City, Missouri 64112 We appreciate your attention to this matter. Sincerely, BRUCE C. SANDERS Consultant 1 Enclosure A property tax service for all fifty states. KANSAS CITY OAK BROOK,IL BUFFALO HARTFORD BOSTON ORLANDO NEW YORK SALT LAKE CITY EL PASO ALBUQUERQUE \Ci\SHINGTt)N,D.C.:BALTIMORE ST.LOUIS DALLAS:FT.WORTH DENVER SAN ANTONIO/AUSTIN HOUSTON MINNEAPOLIS/ST.PAUL �l TENENBAUM-HILL ASSOCIATES, INC. 05/12/87 Income Approach Net usable space @ Rate 789.00 11.0000 = 8,679.00 MULT: 1.0000 Gross potential rental income 8,679.00 Minus vacancy and credit loss ( 15.0000 %) 1,301.85 Effective gross income 7,377.15 LESS EXPENSES: Total expense Z ( 25.0000 %) 1,844.00 Total expenses (As % of income 24.9961) 1,844.00 Net operating income 5,533.15 CAPITALIZATION Overall Rate 0.10000 k Effective tax rate 0.04780 Capitalization rate 0.14780 Net income/capitalization rate Indicated assessed value @ assm't ratio of 1.00000 37,400.00 Current assessed value is 86,700.00 37,400.00 Building # 11Cond unit no. 2 7520 Market Place Drive Eden Prairie, MN 789 SP NRA THA reference number 1 Case number MN 50 14 87 RE Record number 21673 Appraiser BCS C, Tenenbaum-Hill Associates,Inc.4900 Main,Suite 1000,P.O.Box 30330,Kansas City,Missouri 64112 816/753.8900 FAX:816/753.5790 I , MAY 1 3 158 1 ir May 12, 1987 City of Eden Prairie Board of Review c/o City of Eden Prairie Assessor's Office 7600 Executive Drive Eden Prairie, MN 55344 Re: Property Owner: WCO'B Partners Property Address: 7520 Market Place Drive Eden Prairie, MN 55344 PIN Number: 11-116-22 42 0038 THA Case No.: MN 50-13-1987 To the Board: Our firm represents the above-referenced claimant with regard to the 1987 assessment of the above property. We are mailing this letter to you on behalf of the claimant to appeal the assessment of this property. We request a review of the assessment by the City of Eden Prairie Board of Review because our opinion of Market Value is lower than the Assessor's estimated Market Value. We are requesting that the Market Value be reduced from $160,100 to $72,300. We have attached j documentation to support this protest. Please direct all further communications regarding this matter to me at the following address: I, Tenenbaum-Hill Associates, Inc. 4900 Main Street, Suite 1000 P 0 Box 30330 Kansas City, Missouri 64112 We appreciate your attention to this matter. Sincerely, �l("'"'--2,( BRUCE C. SANDERS Consultant Enclosure A property tax service for all fifty stares. KANSAS CITY OAK BROOK,IL BUFFALO HARTFORD BOSTON ORLANDO NEW PORK SALT LAKE CITY EL PASO ALBUQUERQUE uASIIlNGTON.D.C.'BALTIMORE ST LOUIS DALLAS/FT.WORTH DENVER SAN ANTONIO/AUSTIN HOUSTON KMINNEAPOLIS/ST.PAUL 41 TENENBAUM-HILL ASSOCIATES, INC. 05/12/87 Income Approach Net usable space @ Rate 1,523.00 11.0000 - 16,753.00 MULT: 1.0000 Gross potential rental income 16,753.00 Minus vacancy and credit loss ( 15.0000 %) 2,512.95 Effective gross income 14,240.05 LESS EXPENSES: Total expense % ( 25.0000 X) 3,560.00 Total expenses (As S of income 24.9999) 3,560.00 Net operating income 10,680.05 CAPITALIZATION Overall Rate 0.10000 Effective tax rate 0.04780 Capitalization rate 0.14780 Net income/capitalization rate 72,300.00 ( Indicated assessed value @ assm't ratio of 1.00000 72,300.00 urrent assessed value is 160,100.00 Building 11-Condo Assoc no. 3 7520 Market Place Drive Eden Prairie, MN 1523 SF NRA THA reference number 1 Case number NN 50 13 87 RE Record number 21671 Appraiser BCS 't enbaum•Hill Associates,Inc.4900 Main,Suite 1000,P.O.Box 30330,Kansas City,Missouri 64112 816/753-8900 FAX:816/753.5790 4EC.0 MAY t 3 987 May 12, 1987 City of Eden Prairie Board of Review c/o City of Eden Prairie Assessor's Office 7600 Executive Drive Eden Prairie, MN 55344 Re: Property Owner: Top Properties Property Address: 7565 Office Circle Drive Eden Prairie, MN 55344 PIN Number: 11-116-22 42 0040 THA Case No.: MN 50-12-1987 To the Board: • Our firm represents the above-referenced claimant with regard to the 1987 • assessment of the above property. We are mailing this letter to you on behalf of the claimant to appeal the assessment of this property. We request a review of the assessment by the City of Eden Prairie Board of Review because our opinion of Market Value is lower than the Assessor's estimated Market Value. We are requesting that the Market Value be reduced from $310,300 to $147,000. We have attached documentation to support this protest. Please direct all further communications regarding this matter to me at the following address: Tenenbaum-Hill Associates, Inc. 4900 Main Street, Suite 1000 P 0 Box 30330 Kansas City, Missouri 64112 We appreciate your attention to this matter. Sincerely,' VSiL / BRUCE C. SANDERS Consultant • Enclosure A property tax service for all fifty states. KANSAS CITY OAK BROOK,IL BUFFALO HARTFORD BOSTON ORLANDO NEW YORK SALT LAKE CITY EL PASO ALBUQUERQUE WASHINGTON,DC.;BALTIMORE ST.tOUIS DALLAS/FT.WORTH DENVER SAN ANTONIO;AUSTIN HOUSTON MINNEAPOLIS/ST..PAUL T_N_N3;.:;M-HIL_ as:CC/lT'c:, INC. '5/11/37 Income Approa;h (•iat usable :ease u eta L,10J.J0 11.JOJ0 14,100.00 1ULT: 1.JC00 ;rasa pctential rental income Minus vacancy and credit loss ( 15.07C0 ') 3 .115.00 3 .00 ?'.factiva 3ro;; in:ota 23,3S3.00 LISS EXPENSES: Total expanse % C -3.0')00 ;) 7,246.00 Total menses (As 4 of income 24.3531) 7,245.00 .fat operatin; income 21,739.00 CA?ITAL:z, T::N 9var3li late 0.13050 Effectivs tax rate 0.04730 uaritaiizaticn rat, 0.14730 Net income/capitalization rate 147.000.00 _ndicated assessed value u ass..m't ratio of 1.010D0 147,000.00 :.urr;nt assessed value is 310,300.00 3ui1din5 19 Condo Assn 565 Office Zircie Dr. :den Prairie, .IN 31J0 Sr NR:: TH,: reference. nu.nb.r 1 • Case number MN 50 12 37 RI 2ecoro numuer 21668 appraiser 3CS Tenenbaum-Hill Associates,Inc.4900 Main,Suite 1000,P.O.Box 30330,Kansas City,Missouri 64112 816/753.8900 FAX:816/753-5790 ,.., '' 138,7 May 12, 1987 City of Eden Prairie Board of Review c/o City of Eden Prairie Assessor's Office 7600 Executive Drive Eden Prairie, MN 55344 Re: Property Owner: Ryan Development Inc. Property Address: 7500 Market Place Drive Eden Prairie, MN 55344 PIN Number: 11-116-22 42 0041 THA Case No.: MN 50-19-1987 To the Board: Our firm represents the above-referenced claimant with regard to the 1987 assessment of the above property. We are mailing this letter to you on behalf cf the claimant to appeal the assessment of this property. We request a review of the assessment by the City of Eden Prairie Board of Review because our opinion of Market Value is lower than the Assessor's estimated Market Value. We are requesting that the Market Value be reduced from $310,000 to $175,500. We have attached documentation to support this protest. • Please direct all further communications regarding this matter to me at the following address: Tenenbaum-Hill Associates, Inc. 4900 Main Street, Suite 1000 P 0 Box 30330 Kansas City, Missouri 64112 We appreciate your attention to this matter. Sincerely, BRUCE C. SANDERS Consultant Enclosure A property tax service for all fifty states. KANSAS CITY OAK BROOK,IL BUFFALO HARTFORD BOSTON ORLANDO NEW YORK SALT LAKE CITY EL PASO ALBUQUERQUE V:ASHINGTON,OC:./BALTIMMORE ST.LOUIS DALLAS/FT.WORTH DENVER SAN ANTONIO'AUS IN HOUSTON btINNEAPOLIS/ST.PAUL 1 TENENBAUM-HILL ASSOCIATES, INC. 05/12/87 Income Approach Net usable space @ Rate 3,700.03 11.0000 - 40,700.00 MULT: 1.0000 Gross potential rental income 40,700.00 Minus vacancy and credit loss ( 15.0000 Z) 6,105.00 Effective gross income 34,595.00 LESS EXPENSES: Total expense Z ( 25.0000 Z) 8,649.00 Total expenses (As Z of income 25.0007) 8,649.00 Net operating income 25,946.00 CAPITALIZATION Overall Rate 0.10000 Effective tax rate 0.04780 Capitalization rate 0.14780 t_ Vet income/capitalization rate 175,500.00 Indicated assessed value @ assm't ratio of 1.00000 175,500.00 Current assessed value is 310,000.00 Bldg 9 Condo lower level 7500 Market Place Drive Eden Prairie, MN 3700 SF GBA THA reference number 1 Case number MN 50 19 87 RE Record number 21751 Appraiser BCS • Renee Giglio Strom act itAl May 14, 1987 Local Board of Review City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 To Whom It May Concern: Re: ID# 25-116-22210024 ID# 25-116-22210025 9460 Club House Road 9456 Club House Road In conjunction with my father, Richard E. Giglio, owner of the above-mentioned property, we wish to enter an appeal to reassess the above-mentioned property. The 1986 market value of $86,000.00 has been increased in 1987 to $88,900.00. We believe this to be overvalued and would like to request that the property be reviewed for the 1987 assessment. We realize that you made a blanket increase and have compared comp values of other twin homes in the area. I wish to point out that both of these twin homes are considerably smaller than other twin homes in the area. The last time that this increase took place, we appealed to have the property re-evaluated and it was determined that the previous market value was appropriate and not the increased value. We would appreciate you reassessing this property. You may correspond with Richard E. Giglio, the owner, at 526A Garfield Avenue, South Pasadena, California 91030. You have him listed at a previous address in Baltimore, Maryland. I would appreciate you changing your records. Th you for your consideration. Since elay, • epee Giglio Stro /n cc: Mr. Richard E. Giglio Post Office Box 24108•Minneapolis,Minnesota 55424•(612)941-4665 41. May 14, 1987 7919 South Bay Curve Eden Prairie, MN 55344 Eden Prairie Board of Review 7600 Executive Drive Eden Prairie, MN 55344 Property I.D. 17-116-22 24 0001 Dear Board Members: This letter is to request a review of the valuation and equalization factors of the above referenced property. I have obtained information from the city records relating to neighboring properties in the Timber Lakes subdivision. There appears to be gross differences in the property values, when comparing gross building area and lot square footage. I have also discussed this matter with Lorna Thomas. After our discussion, i still have questions regarding the computation of the square footage and total living area in the assessment value. I may be contacted at the above address or at 934-7098. 1 Sincerely, cco L_ Cv.4.0 Patricia L. Crain Timothy A. Crain, Jr. l mom MTS May 14, 1987 MTS SYSTEMS CORPORATION BOX 2401 2,MINNEAPOLIS,MINNESOTA 55424 TELEPHONE 612-937.4000 TELE X 29-0521 MTS SYS ENPE Eden Prairie Board of Review 7600 Executive Drive Eden Prairie, MN 55344 Attention: Steve Sinell, City Assessor Gentlemen: We have recently received 1987 market valuation notices from the City for the following real estate parcels: 15-116-22-21-0004 15-116-22-13-0001 15-116-22-23-0004 15-116-22-22-0010 15-116-22-42-0002 We note that your assessor's office has advised the Company that 15-116-22-42- 0002 was issued to the Company in error and that a correction is in process. Further, all listed 1987 parcels have been renumbered when compared to the 1986 property identification numbers. Overall market value comparison with the 1986 parcels suggests that market values have increased sharply. I have just returned from an extended international business trip on behalf of the Company. In view of this circumstance, I have not been able to review or discuss the proposed 1987 market values with the City Assessor. The Company therefore, respectfully requests the Board of Review to defer approval of the market values proposed for the above referenced property identification numbers until the Company can discuss the 1987 market values with the City Assessor. Sincerely, MTS SYSTEMS CORPORATION Marvin R. Eckerle Controller MRE/sm • • R, • t (4,,,,t11,-"....ZP:17/e‘/-tel/ln,Cea,Oeta'i-eiviv Corporate•8148 PILLSBURY AVENUE SOUTH,MINNEAPOUS,MINNESOTA 55420•TELEPHONE(612)881-4483 Colorado•10800 EAST BE HANY DRNE SURE 185.AURORA,CO 80014•TELEPHONE(303)671-9200 May 5, 1987 Steve Sinell, City Assessor 7600 Executive Dr. Eden Prairie, MN 55344 Dear Mr. Smell: In an effort to have our real estate taxes adjusted downward fran their present level of $20,816.30, I am enclosing a list of several of our other metro locations and their 1987 vs. 1986 tax assessment. As you can tell fran this list, our Eden Prairie location is more than doubled the highest tax rate we pay at our other locations. These properties are very similar in nature, most have buildings that are between 1500 - 3000 sq. ft. and have a gasoline pump canopy. Our type of business cannot afford this heavy tax burden and still return a profit. We employ ten people at this location with an annual payroll of $80,000.00. Our store has lost $6,593.64 through the first five months of our fiscal year. We ask that the city reconsider our tax rate and lower the rate back to last years level of $10,731.08, which is still higher than any other location we control. I am sending additional copies for the review board which meets on Thursday May 14, 1987. Thank you in advance for any help you can give us on this matter. Sincerely, Marlin R. Besler Marlin R. Besler President General Partner Q PETROLEUM CORPORATION NORMAR INVESTMENTS encl. MRB:jt • . i • / .y \ . S--/y-7, %- 71 t ! 6ff3 , I 4,7- �•U, O3-//�-,?..7 yypp/y 'e`'I�Z'� � ate'�z�l'-�:- /f` dz�Cy:/ C '^„ec j/ ' i �14, n �2� �v l,,,let i - / / -2 fv. s .� ...�. 2, ..� .stet - ( e- Y.--(,--rte-: S ` �`� ) —Fo -H� Eckn Pw��» BcXuc c ✓e, uo ��e+��,'edd -�-lw� no-1-e._ �� ouv 117)a.rKe-t •\(ctt,Lc 0-F c ha ( -er-) Gkci``u *d UU(p tr, : c_ UXXS1 C I r� 11.t� " - �S� , l Ccx,r1 +n caGAu_I hOn- +n lfi+ro\%r-) erkiS MAz- c45,(0s 1_ Qou,h+ry St.P d Pr :pe-✓-11a--p. I OS-_►+ -31 OO(o. i - Page 1 MEMORANDUM To: Board of Review From: City Assessor Steven R. Sinell Subject: City Assessor's Recommendations on Properties Referred to Staff for Review Date: May 29, 1987 1. Floyd Siefferman Exhibit #1 6997 Edgebrook Place Residential Homestead Eden Prairie, Mn. 55344 1987 EMV = $270,30D Review Appraisal = $300,000 03-116-22 44 0029 Recommend - No Change 2. Doug Reuter Exhibit #2 8750 Black Maple Drive Residential Homestead Eden Prairie, Mn. 55344 1987 EMV = $199,500 Review Appraisal = $189,000 24-116-22 21 0057 Recommend - Reduce to $189,000 3. Al Traynham Exhibit #3 8698 Black Maple Drive Residential Homestead Eden Prairie, Mn. 55344 1987 EMV = $171,100 Review Appraisal = $185,000 24-116-22 21 0054 Recommend - No Change 4. Scott Drum Exhibit #4 8746 Black Maple Drive Residential Homestead Eden Prairie, Mn. 55344 1987 EMV - $I89,0D0 Review Appraisal - $185,000 24-116-22 22 0056 Recommend - Reduce to $185,000 5. Thomas Haller Exhibit #5 8758 Black Maple Drive Residential Homestead Eden Prairie, Mn. 55344 1987 EMV - $193,100 Review Appraisal - $182,000 24-116-22 22 0027 Recommend - Reduce to $182,000 6. Kennth Johnson Exhibit #6 16370 Westgate Drive Residential Homestead Eden Prairie, Mn. 55344 1987 EMV - $99,100 Review Appraisal - $101,900 08-116-22 41 0020 Recommend - No Change 7. James Jordan Exhibit #7 16210 Westgate Lane Residential Homestead Eden Prairie, Mn. 55344 1987 EMV = $93,000 Review Appraisal = $93,400 08-116-22 41 0012 Recommend - No Change Page 2 8. James V. Cramer Exhibit #8 8754 Black Maple Drive Residential Homestead Eden Prairie, Mn. 55344 1987 EMV = $182,700 Review Appraisal = $194,000 24-116-22 21 0058 Recommend - No Change 9. Bill Smetana Exhibit #9 16171 Westgate Lane Residential Homestead Eden Prairie, Mn. 55344 1987 EMV = $93,200 Review Appraisal = $114,100 08-116-22 41 0026 Recommend - No Change 10. Steven & Jane Hackett Exhibit #10 6880 Hallmark Drive Residential Homestead Eden Prairie, Mn. 55344 1987 EMV = $152,900 Review Appraisal = $173,000 04-116-22 34 0071 Recommend - No Change 11. Robert Newberry 10323 Nottingham Trail Residential Homestead Eden Prairie, Mn. 55344 1987 EMV = $112,700 Review Appraisal = $101,700 25-116-22 13 0069 Recommend - Reduce to $101,700. Staff has discussed with taxpayer. Taxpayer agrees $101,700 EMV is correct. a 12. Scot Downey Exhibit #11 6651 Countryside Drive Residential Homestead Eden Prairie, Mn. 55344 1987 EMV = $87,20D Review Appraisal = $96,500 05-116-22 31 0061 Recommend - No Change 13. Tennenbaum-Hill Assoc. Inc. Exhibit #12 4900 Main St. Suite 1000 Commercial Properties P.O. Box 30330 Kansas City, Missouri 64112 1987 EMV Review Appraisal 11-116-22 42 0013 $421,200 $459,700 11-116-22 42 0002 499,800 564,100 11-116-22 42 0003 413,100 457,800 11-116-22 42 0004 357,000 384,100 11-116-22 42 00D5 357,000 384,100 11-116-22 42 0009 357,000 384,100 11-116-22 42 0025 525,300 564,100 11-116-22 42 0036 214,200 227,500 11-116-22 42 0037 86,700 92,400 11-116-22 42 0038 160,100 170,700 11-116-22 42 0040 310,300 318,200 11-116-22 42 0D41 310,0D0 310,000 Recommend - No Change Page 3 14. Robert Ross 9260 Overlook Trail Residential Homestead Eden Prairie, Mn. 55344 1987 EMV = $190,200 Review Appraisal = N/A 24-116-22 34 0028 Recommend - No Change Robert Ross discussed with staff and agrees with $190,000 EMV. 15. Richard & Frances Dohrmann 18517 Harrogate Drive Residential Homestead Eden Prairie, Mn. 55344 1987 EMV = $120,800 Review Appraisal = N/A 06-116-22 31 0016 Recommend - No Change Richard Dohrmann discussed and reviewed with staff and agrees with $120,800 EMV. 16. Brian & Karen Rindal 15633 Canyon Ridge Residential Homestead Eden Prairie, Mn. 55344 1987 EMV = $139,400 Review Appraisal = $130,000 16-116-22 32 0019 Recommend - Reduce to $130,000 Staff has discussed with taxpayer. Taxpayer agrees $130,000 EMV is correct. 17. Duane E. Chumley Exhibit #13 13601 James Place Residential Homestead Eden Prairie, Mn. 55344 1987 EMV = $103,900 Review Appraisal = $93,000 03-116-22 34 0050 Recommend - Reduce to $93,000 18. Richard Nubson Exhibit #14 15505 Morraine Way Residential Homestead Eden Prairie, Mn. 55344 1987 EMV = $132,900 Review Appraisal = $149,000 16-116-22 31 0031 Recommend - No Change 19. David R. Joesting Exhibit #15 6835 Sand Ridge Road Residential Homestead Eden Prairie, Mn. 55344 1987 EMV = $261,900 Review Appraisal = $252,000 03-116-22 43 0008 Recommend - Reduce to $252,000 20. Linda & James Mortell 10403 Brown Farm Circle Residential Homestead Eden Prairie, Mn. 55344 1987 EMV = $198,000 Review Appraisal = $180,000 35-116-22 11 0079 Recommend - Reduce to $180,000 Staff has discussed with taxpayer. Taxpayer agrees $180,000 EMV is correct. r Page 4 21. Daniel Johnson Exhibit #16 5420 Mt. Normandale Curve Double Bungalow - Non Homestead Bloomington, Mn. 55437 1987 EMV = $132,000 Review Appraisal = $134,000 09-116-22 31 0011 Recommend - No Change 22. Perkin-Elmer Corp. Exhibit 417 by Natl. Bureau of Property Admin Industrial Property Suite 1824, Prudential Plaza Chicago, Ill. 19B7 EMV Review Appraisal 01-116-22 13 0018 $ 66,000 $ 66,000 01-116-22 13 0019 3,968,000 3,094,000 01-116-22 13 0020 2,551,000 2,503,000 01-116-22 42 0003 58,400 58,000 01-116-22 42 0004 2,148,000 2,879,000 Total $6,791,400 $8,600,000 Recommend - Change to Review Appraisals 23. David Investment Co. Exhibit #18 7703 Normandale Rd. Suite 111E Commercial Property Edina, Mn. 55435 1987 EMV Review Appraisal 14-116-22 13 0005 $357,000 $357,000 14-116-22 42 0002 3,000 3,000 Recommend - No Change 24. Renee Giglio Strom Exhibit #19 P.O. Box 24108 Residential - Non Homestead Mpls., Mn. 55424 1987 EMV Review Appraisal 25-116-22 21 0024 $88,900 $89,000 25-116-22 21 0025 88,900 89,000 Recommend - No Changes 25. Patricia & Timothy Crain, Jr. 7919 South Bay Curve Residential Homestead Eden Prairie, Mn. 55344 1987 EMV = $202,700 Review Appraisal = $183,00D 17-116-22 24 0001 Recommend - Reduce to $183,000 Staff has reviewed with taxpayers. Taxpayer agrees $183,000 is correct. 26. MTS Systems Corp. Box 24012 Mpls., Mn. 55424 Property Type 1987 EMV 15-116-22 21 0004 Commercial $5,040,000 15-116-22 23 0004 Farm 4,000 4 15-116-22 42 0002 (00D1) Farm 229,000 15-116-22 13 0001 Farm 969,000 15-116-22 22 0010 Commercial 6,159,700 Staff has discussed with MTS representative, MTS has not indicated if they feel values are correct or incorrect. Recommend values be affirmed. Page 5 27. Q Petroleum Corp. Exhibit #20 8148 Pillsbury Ave. S. Commercial Property Mpls., Mn. 55420 1987 EMV = $409,800 Review Appraisal = $409,800 14-116-22 31 0040 Recommend - No Change 28. 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V (.4 Q�•• O• 0 0 O fT 311111111114 O• C fDO• 0 0 O O O!O O00 x• rt (D o N 1 N ..• r+ 0 10 In NIW A W 4 �-. /+ C N�c X I N fT A �n DIO 7 -� Co'CI ya Co �� CD I � c ?< c�0. x rn D I OD ate o to r• • fD ID\ cotD x' 1 I N D In r. (AJ, n Co W Y n O g t0 CO ) In CD a in G CD 1Vi 0 Jr 01 00 00. V y) CO C. O a 1.11 r T O O Y y 7 �� > u 1 0 • Ik..1 I !+) o A 7 N O O10 Oo CD 1j1 CD CD CD r41. �0 fD C I 00 O f O' JO .0 „ 1. a (D lal 7 r 0. et 0 EX . I r ( Memorandum To: Board of Review Thru: Steven R. Sinell, City Assessor From: Richard R. Petersburg, Appraiser Subject: Sales of Improved Property in Cardinal Creek Attached are sales of improved property in the Cardinal Creek area which took place from 1-2-86 to this date. You will find charted the Property IB number, Address, Sale Date, Sale Price and our 1987 Estimated Market Values which reflect the 6% increase applied to all residential properties in Cardinal Creek. Two sales are repeat sales which are designated with an *. The prior sales information of those two are listed at the bottom of the page. • r _ iN, i F t. Sales of Improved Residential Property in Cardinal Creek Time Period: 1-2-86 to 6-1-87 PID Address Date Sale Price 1987 EMV 03-116-22 42 0023 13304 Cardinal Creek Rd. 5-86 236900 226400 03-116-22 44 0046 13085 Cardinal Creek Rd. 5-86 195000 196000 03-116-22 44 0057 6868 Stonewood Ct. 10-86 175000 148000 03-116-22 41 0003 13196 Cardinal Creek Rd. 3-86 250000 259700 03-116-22 44 0011 6969 Edgebrook P1 8-86 280000 287700 03-116-22 44 0004 13124 Cardinal Creek Rd 8-86 186000 162900 03-116-22 41 0005 13188 Cardinal Creek Rd 11-86 300000 270600 03-1I6-22 44 00I9 6970 Edgebrook Pl. I2-86 316000 P/87 03-116-22 43 0003 I3225 Cardinal Creek Rd. 2-86 299000 252800 03-I16-22 43 00I9 13530 Oak Hill Ct. 4-86 199000 168000 03-116-22 43 0031 13598 Woodmere Circle 5-86 245929 202500 03-116-22 43 0007 6817 Sand Ridge Rd. 7-86 182500 170900 03-116-22 43 0029 13546 Woodmere Circle 5-86 236200 178200 i *03-116-22 43 0016 6812 Sand Ridge Ct. 5-86 289000 237400 (repeat sale) 03-116-22 42-0013 6804 Sand Ridge Rd. 5-86 238500 210900 03-116-22 43 0024 13525 Oak Hill Ct. 7-86 230500 197100 03-116-22 42 0015 6808 Sand Ridge Rd. 7-86 230000 204100 03-116-22 43 0027 13498 Woodmere Circle 9-86 250000 209800 03-116-22 43 0039 fi968 Sand Ridge Rd. 6-86 261000 223700 03-116-22 43 0028 13520 Woodmere Circle 1-87 226000 194000 *03-116-22 44 0018 6982 Edgebrook P1. 2-87 280000 254300 (repeat sale) *03-116-22 43 0016 6812 Sand Ridge Court 9-85 Sale Price 250000 *03-116-22 44 0018 6982 Edgebrook P1. 11-84 Sale Price 240000 ( gla gx.6. I Fcle CITY OFFICES/7600 EXECUTIVE DRIVE/EDEN PRAIRIE,MN 55344.2499 I TELEPHONE 16121937.2262 • ecterr f pralrm Memorandum To: Board of Review Thru: Steven R. Sinell, City Assessor From: Richard R. Petersburg, Appraiser Subject: Support of value placed on land (03-116-22 44 0029) Attached are the most recent vacant land sales and maps indicating their location available to us. The Cardinal Creek area has 3 sales, 2 of which are on Edgebrook Place and occurred 20 and 26 months ago. In my opinion, the most similar neighborhood is the Bluffs West Development. The sales indicated an the following map will show current sales price and how the location of lots within a development affect their market value. As you can see those lots the furthest away (or in the rear of the cul-de-sac) generally bring a premium, where those that are located closer to more heavily traveled streets (in this case Homeward Hills Road) bring a lower sales price. In addition to the Bluffs West Development I have included sales in the Lake Heights Addition. These sales would be directly influenced by the traffic on Anderson Lakes Parkway and in my opinion are much less desireable (in both location and view) than those in Bluffs West and Cardinal Creek. Also attached you will find vacant land sales in similar neighborhoods with like quality and style structures, which in my opinion support the value placed on the subject properties land. RRP/akn se me•i,'sr.( . i ' 1,-.- !. ,ez A '.. C9e• (.JVI) ( ' iii ii.7.-,•-.2, • -No,' ',view( -9• °.(.6f.i illS.----- .•.b..! Do, 151 13. ti in' , I.5. feral .. 2 • (22) • . s,::‘....•. . . • • - ,... „ ay.717• i' . e. ..44f.i..' 3 :ol It. I (3) 1 4, • • • ,V..1.1 .... 44 ••• .., , 4. k (5) • • - (II ,- /(Si) .0,- (9) (21):,.; ii. 3 I •.. •f,, z, (4) . 9190' 4. $ 2 O.L. 9 (5) 4, (4i , 4 " .... 443.,;,:,. •fr• ,if, 2 ..22.... 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(30) a M1F - (56) $' o` t2.d� 80) a ,76.I's,•. ..a "e•e g a (29) '*, n� (33) C ` \622. 116• A• 1. n 6 �•..+. 111.%' 70.66' I ( 77D,16• \ -` d\ \ t' .I : I16.96 76.N• $ ! • // "�"`�!'1llP"' -4j /. 9 (70) 1 a. . " (23)4 ' rl,r 5 1? • (55I '/T q. 75 �c ', 1�4r ,,. p M F ))„V' , 0.'+f, �'.^ y "''. : (63)� 2s g: (36) - C itr.II• • 7 ��'a- +J� (7P�1 . (21) . r (22) , n .•%p.V4.,,4 :2, I0m -i.sa (51) 8 (5 ::-.::.4-bt5, b.1o� �_�• I �, n 9 R:.or 8' (u) :•'��' 21 ':,�(35) 7''r' (� • - *. 4): �. (� ..79' 13467'/•7.•8 _ Its 67• yyr. *Lwd!-' 72 A•t l,. 26 /: ^ (/1)• 19 °J, 7 9 le:. ti. ey (i9 3.. d 7o24.:'4(15)48,y' o• /'D'b•!a (36) (53) .� (5A) ' 61),.e� (/B)8(17)a ry•xCn /1�6 10 •?$ .t I'2T o (.. .°� �p y .. (<6) R� tI==+ /• (6,. a' `(37) � (52) cT7�y( 1 4 s .:., v31.. • 's. Os.•„•P (7 ��4..8le' T2 70:^i` {'/^� IYt , 7 s,. � Q E xb I i�te_.) Bluffs West Vacant Land Sales (irl. P.I.D. Date Sale • Zoning Approx. Size Comments A 26-44-0012 156 5_50.000 R1 13_5 22ADO D. I B 26-44-0013 1/86 50,000 Ri 13.5 21,000 W.D. C 26-44-0015 4/86 65,000 Ri 13.5 21,000 W.D. I D 26-44-0017 4/86 70,000 RI 13.5 • 30,000 W.D. i _E__2.6r44_-_Q02.0 1L8S 5.4,D00 ,RL13..5 29-.460 W.D. f 26-44-0022 6/86 50,000 R1 13.5 14,000 W.D. G 26-44-0023 9/86 50,000 RI 13.5 14,000 W.D. H 26-44-0024 7/86 52,000_ R1 13.5 16,000 W.D. i I 26-44-OP25 i/a6 55,IlD0_-R1_13.5 21,000 W_0_ J 26-44-0027 4/86 60,000 R1 13.5 31,00D W.D. K 25-33-0021 11/86 65,000 R1 13.5 30,000 W.D. L 35_11-0066..____ 4/86_.J_..45,000 R113.5 13,0QQ_ W.D, (, 1M1-35_i1-9067 ._5/86___ 44,000___.__R1.13.5 13,000--1d_D N 35-11-0086 2/86 46,500 R1 13.5 16,000 W.D. 1 0 36-22-0004 2/86 71,000 RI 13.5 31,00D W.D. P 35-11-0076 1/84 38,000 R1 13.5 25,000 C.D. Q 35-11-0015 4/86 40,000 R1 13.5 17,000 W.D. • 1 R 35-11-0D14 4/86 36,50D R1 13.5 13,ODD W.D. 1 S 35-1013 4/86 38,5.00 R1 13-5. 13.000 W.D. 1 T 35-11-0011 5/86 37,000 R1 13.5 27,000 W.D. I _ _ U 35-11-0003 8/86 65,000 RI 13.5 25,000 W.D. 1 V 35-1.1-0004 6/86_ 59,000 Ri 13.5 28,000Wa. j _W__35-12-OO1Z- _7186_ 47,000 R1 13_5 16,000 W.D. .� _-_.__.. X 26-44-0026 7/86 65,000 ___ R1 R113.5_ ___ 35,000 W.D. I • /IS 1 az a • �` Oft 1 , 1 FO I $ 6 •Sa'a01 / i / .tti .Caul \' p\•t '/ / �d:.:' a sio' 1 i ,. N ..r?.41� ,Tiza.al a: •2 u••. 2 y¢1 t 3.G.U:2S :., �'t i+ 1\'is w� R n o 11 1 :y I¢ .,'s, ^. _ OZ ii&a 3AV Li. '' , / / Gri d •o 7.mu .M711—.r• 4 _ \ . - -►�� �` ‘ / _,�. ., • .1`.. ,p"• v mats _II ,P� east�y / _ Az iS a1 .[a-K1 .20'On y '`_3Ai IS �.-.•�• _ Ti•.. • •a►Ia 3is.ardN.�,.yr Jr taY02 at »� V �.KIZ ra / J.6.ni'... \ .y • 01.1 ' " � ��A \r y ;wM NV _.isar . ' l•a, N• W if. ti f AkA :«4 —NI, tea' . o K d * .1l ar'aI • y o - At IZO Cc E. � .a1 v i B cc .9r'Of'ii : :? : a Q _ vy •I - - 3 e '"N • 9r'pC1 y�O- asses .a1 I S sr'2s1 c _ t I u, , k �p,.lcval` c t .S,c+w � g g h A �9i2'. —$ • 8 0. ,� t'•..eava Y� ,...fl elm., nuvulw��r•CO.:: -4• Lake Heights - Vacant land Sales 1 P.T.D. Date Sale Zoning Approx. Size Conments A 23-13-0012_ 4/86 $ 44,000 R1 13.5 18,000 11852 Waterford Roac B 23-13-0013 11/85 45,000 R1 13.5 18,000 11828 Waterford Roac 1 C 23-13-0015 9/85 47,000 RI 13.5 29,000 11780 Waterford Roac D 23-13-0019 10/86 50,000 R1 13.5 17,000 8973 Knoble Court E 23-13-0026 6/86 45,000 R1 13.5 13,800 11863 Waterford Roac F 23-13-0027 6/86 46,900 R1 13.5 13,800 11839 Waterford Roac G 23-13-0033 5/85 40,000 R1 13.5 15,000 8994 Preserve Blvd. • I .. _ li x4>. I Lr. 1 i )LYMPIC HILLS THIRD ..ADDITION BEARINGS SHOWN ARE ASSUMED EGAN,FIELD $ NOWAK, INC •DENOTES IRON MONUMENT SURVEYORS " scu e w rut Know all men by these presents 1 hat Olympic H'�1 O.aeny5d 'M'frsiw>rnAr JAoew Arc _ banking association,mortgagee of the folbwin., I' r. 0 100 zoo azo eoo That part d the Southeast Quarter of the Nnnwe s.?I Southeast corner of said Southeast Quarter of tn1 1 r v east Quarter of the Northwest Quarter.433.CO fee Z 1 1 e Northwest Quarter.t25.O3 feet to the South line South lined sat'Southeast Quarter of the North I I 28 minutes 01 seconds East,35.00 feet;thence N- ay srN/.&WA.r.>..yr.0n.w.A+ feet thence Norm 9 degrees 35 minutes 42 scone Any Aar/"'lloa04 am,are...er.rMdLas • minutes 41 seconds East,18.31 fed:thence Not 'wars Mears•'A••o'"r^' slar thence North 81 degrees 03 minutes 31 seconds E. 42 seconds East,187.19 feet:thence South 46 deg r,,,,,to,rti,,,w,,,,./., North 41 degrees 28 minutes 08 seconds East,193 . LS ,''.f"1'-tf seconds West.!MCC feet thence North td degre Intersection with a line drawn parallel with the h I west Quarter,dlstant1105.58 fed South d the bat • t70N,VEV tr/A - i.A parallel line,2 u 3l led b an intersection with: Z the Northwest Quarter;thence South 0 degrees 2 F/r?.S 7 40U/774.1N �' fed to an lydxsecUon with a line Sa5.$T feet Nor .�o«..•.a.,.r.w.w I . Quarter;thence South 89degrees minutes 44 ti.'41 4,,e.af -rwsr>.r • lined said Southeast Quarter of the Northwest C .due -�„as-i r'v-;,-- —+-- this decridlon the East line of said Southeast 0 ` 1 "` „ Have caused themes lobe surveyed and platted as 0 ' \ '[�i �i p• lane,road,ardeeeemeedflor drainage and utility PL I I ' Se'4t; 0,1 signed by Its proper dHexand decorticate Nolte b 4•• �` '�Jii _� d. Pinewodshas aamedlBaepreurdslod esigned 1 t I. a .3• 'il OLYMPICHILLSCORPORATION a ' i � •;�i i !>,� A I• a. =Z frislderd t ab, •y Al 'j ;* 1 y Michael J.Adams (R, pv ,•;Lit .ti Oi STATE OFMINNESOTA r`' ;'a i• r6 COUNTY OF HENNEPIN The foregoing instrument r aria ,,ts ^A .. yj�a CAI icy �i,, \�•' r O. HIIh Corporation,a Minnesota coronation.on belie �--ti • . �,t�,•"� E ,81 1;;+T 3�I STATE OFMINNESOTA j ` .. ' ,! it '•a 13 COUNTY IJFHENNEPIN The foregoing Instruh. v �•�:1f 46'li ?•n''tr., . •-.. ii. and VI of It `lt • •.e e 't.i,.I • , �awwsl q 1. I V w . rrsti,. dyed (_F _�i'a .1 I rig i;d , I hereb/certify that I have surveyed and platted the ' ''vp spar t . a ;.1.4 it . .714.survey;that all dldahcx aresarred9)snawn onto js'''is 0 tit 5 a i3;9 al I 1_ell*1I I i s , outside bourmry lines are correctly designated on t • • r--war•- t 2 , Op"'.�10 /:y,, l-1 1_ aT- A gg"]17 •�1 ' t L..PYr a a 3 �11 Lc it 5 2 A , t I - STATE OF MINIMA . toe' 1 '�I .� �.-'�_q"i- f.' �•I I t t LOIINIY OF ITENIEPIM The lo egdap Indtumenl >e -a 0 y...., h 9rps1 ..I si w.„.. M ,9i `e A rz cI EDEN PRAIRIE,MINNESOTA pp: =1I;' r,,• '�1 C9 ., ii i4, . LT` This putdOLYMPIC HILLS THIROAODITtON was. • e�y_�' ,�r.rrgyp NIBLICK ..,. ..Y LANE et s. br e ltp st9 rA,,�.4,r Jr w'^,� l�„wr(1 ry,;»M 'I `�FINANCE DIVISION,Hennepin County,Minnesota t{fir r, p' .s, ,�_0;rd�'tsia4`;3s:.`I,`r^r ))/1.„' 7„,,;�,.,q„y,e e, =� I herel'certify that there are no delinquent tales II ,..-'f/r,.4*,.�r/a•sr.."r tie,: Iw,�.ead,nhrJ.waw9�'Isy f I Dated this_dyd_ ,191_ -- Ctr ,',Alf r.,n._w•a. °%.w •gi• ,,,.,,,,•,,...r..wr•www.twg.rwirwe Vernon T.Hoppe,Director ./ 1- ,,,a I A I HENNEPIN COUNTY SURVEYOR 'si.rr.r% Pursuant toCha Chapter Minnesota Laws elll969, .'y,,,lf►e..lrs.La�nws+eJAnM srv++.rr ,'t..drwrrr. 1.I I p 4 ./t2.,,e as„c,a�..n REGISTRAR OF TITLES,Hennepin County,Minnes I hereby certify that the within plat of OLYMPIC H and that the two codes were compared with the off - Wayne A.Johnson,Registrar of Titles 1 . I Olympic Hills 3rd - Vacant Land Sales P.I.O. Date Sale Zoning Approx. Size Comments A 25-24-0018 4/85 $ 69,000 R1 13.5 16,000 9704 Brassie Circle B 25- 4-0017 5/86 79,900 RI 13.5 19,000 9714 Brassie Circle C 25-24-0015 2/86 65,000 R1 13.5 25,000 10500 Niblick Lane • *�d S t-k� I i'_, OLYMPIC HILLS FOURTH ADDITIOI BEARINGS SHOWN ARE ASSUMED EGAN, FIELD a NOWAK, INC. •DENOTES IRON MONUMENT • SURVEYQRS Know all men by then presents that Olympic Mlle SCALE iw FEET association,mortgagee df the lolowl described ay..",re N.Y/4' mee.,e n/.r An+r MM. 1outr4 v �,L I That part of the Southwest Quarter tithe Norther s,=�1" 0 too 200 300 400 500 scribed as follows: Beginning et a poiM in the Les said Southeast corner marked by Judicial Lendmar i I 4 easterly right of wry lined County Road Number 1 ---�--J�-----�-- • ones East,26105 feel;thence North A degrees 77 I f • degrees @ minutes 59 seconds Fast 211.03 fee;N A.y a•kirw,.'M.re t40..yh/4.ert m. I lest;thence South II dos rem OS minutes 45 sewn Jr.,2 rM/.k h$a.l.y...,lbw./k.c, �,k: MH;ram•/fey aw/� i ,, _,., '' pores al this descriptionothe Ex111Mdlhe South s. 't'n 3 a� Also,Michael John Adams and Christine P.Adam .P� ( I Qi ' •,;tint Thal girl N the West Quarter al the Northeast Qua • � `\ �.� of County Road Number L as shown in Book 2 of t o,1\`� �' ,p OIQ.. Those pats of the Southwest Quarter of the North. r \p ,k,01 6? tW na .: ...1 County,Minnesota,described as follow: Region, �s„..1 \`a\ I, .0f Ls Landmark set pursuant to Torrens Case No.U526: L� \,.-.;�l.v� 1�1' . 1 dry,deflecting to the left 99 degrees 52 minutes 3 e` \1 w; • �-��i.��r H *Ike tithe Register al Dells,now mown x Cees "7sa�s',\�.Ce2'O (-1 rt ;la Quarter;thence North abrg the last mentioned Ea .1 ' g" •av!i p •rr,. ,, Have caused the same lobe sum*and platted ae •,r i1�,y: ",es�l.logp j N.: and easements for drainage and utility purposes a: ,.. d, .`, , ; S f ddker Petits caepdrate seal hereunte affixed this •r.� .. is.�lb:A presents te t e signed by its proper Gffkers and Its `,q, •i 1 S .sL r�'" ,e ��;�j, » �.r and Christine P.Adams,his wile,Ms hereunto 'C \ y +. .v - f, ry`>.: � .`y OLYMPIC HILLS CORPORATION PI +O - v • t 'M O Michael 1.Adams president \ .''•,•y •.k'vi--'—•'i U r�'7.". ,P v)• t MEw et, Michael John Adams • _ ..�`� `E�/ ry � � s� STATE OF MINNESOTA • � ' ,? 1��,• I�` / 4fo93o• .,t 41 Ly; O ,� COUNTY OF HENNEPIN The foregoing!inhumes • �� S?p,.71`0 • }i it) `g%3b�,S R 's •,� A.e ,ys,Corporation,aMinnesola corporation,On behalf N' , T• Q= v�108te vyi)'r a+�'0n i`",fte i✓e1Kr/ 4'``y•,, o� 1 i ilD•.' ..74 i yA�' ..e�nr«Y STATE OF MINNESOTA N•• `Am-i'it10--a "r— •-_���-• ' __ _COUNTY OF HENNEPIN The foregoing l ;`�;:,.. t 4 ` •`ti,• t moo' --Z, if10 IO • \.L xr � ., ;' .9- q/ 4\� 4'_ j}��t 1 car .•21 �Y'to :;c c't: y� � �-t- 's C `r, .a,V.``. .74e s',{�ai�� vp f i Lis STATE%MINNESOTA .. r'- ��t ��i �!• ,►r Z% . .,�.':, ,yeti+ f }; COUNTY CP HENNEPIN The tonguing i (cZ s,' s Cwil,' j'i'•��• 'o L t a .+{1 .i.: Z ►.Adams,hit Mfr. . r. ‘: T'` !�,4 J • ti' .. . °T 1 t tienbjaMMt1tat I fuaesuvayed or • �•��y' �' 1 ;� .y. ,,2,r`= elWild stem Mat a0 distances are co - �\7" l O _ ,i'. \a •shown;that Me outside Bens ":-P,�'s 1's'ft" e r cat'^ ,4t'h I . • 6 11 �j a{ " , a ,.'w•�o,,,,i fY tP: A ' STATE OF MINNESOTA IYII < �, .2 s\ .,I : 4 N. COUNTY OF HENNEPIN The foregoing: If �'+�•. '. 'fit, oI Q1;+ • 9RCt STRAR OF TITLES,Hennepin County,Minnesota 5i • ...5'5 41 JVI I -q � Q•.�..4•., '`a. �,a I. 1/I JI (DEN PRAIRIE,MINfd:SOTA I nerdy(certify that the within plat of OLYMPIC HILESFOUp'TH-ADb1T1Oliwx ''� �,\�.,\• •. i at{ `7. This plat of OLYMPIC HILLS FOURTH Al lied In this office lhis_day of 197_,at o'clock `i.e` •r`'. \•Q l( _ NI • _dry of ,NT —.M.and that the three copies were compared with the official plat and were found •'4..'4 \ \'w.`4„ I •o be true and correct copes thereof. i .'..A.,,,..... + ` . Payne A.Johnson,Registrar of Titles by • deputy ; `,e. �='4. `i FINANCE MIS ION,Hennepin County. . :OuHry RECORDER,Hennepin County,Minnesota '�i.a "�� ...•• I hereby certify that there are nodello I hereby certify that the within plat o1 OLYMPIC HILLS FOURTH ADDITION was filed for record Intnis office •10 N\\s..gernon T.Hoppe,Director his_day of 197�al_e'cieck__M.and was recorded in Book_. k HENNEPIN COUNTY SURVEYOR • ,1 Plats,Page and that the three copies were compared with the official plat and were found to Ns,. 'RHrsuant to Chapter 810.Minnesota Li te true and correct copies thereof. in(� \Johnson,County Recorder by deputy . Fkt�. f it 1G, Olympic Hills 4th - Vacant Land Sales �.- P.I.D. Date I Sale Zoning Approx. Size Comments A 25-31-0058 5/86 $ 55,000 R1 13.5 20,000 10750 Spoon Ridge i — /. 1 _.-. • b i i., 1 I ••M CD-- Ili. ■9^— t3 � ''rA kp-, rigi; c a _ ^o a C _; a3--> $ g t n 9 a=e t R S eF !a1 E s x5 A s> Ua4a I I a ' Ei a2 Es aae! t�I 8 "� € G ' as I • r k- ras Da I < , C a 3 wC 8 is a sm o g E. 4R 6 ix s a 3 1t $3 o B €i � 5-1 I a i R x , �\• ~Ly s s= s t - n ;r a a t< .7- ; -"\ X $ s .� Y ELF ; R'T.�' a 2 0 '�v S a •�a S a' i iiR ' r u. S P i-w -$ ''E`er Z e^ • .aZ A'�, `1'.F��... ' Rs-, £R w 9 ,� .s a 1 ' �' a -. F . %.,. ,• ; I. . Gomm J _ S >>It � ."l4 ' a .`/' 2 s s g �I0/,• 14'�"�o w.4)° o`$�i a. 2.17.3� Cn` gl ,' r ` 4' r• C igV K C g 9 � 'fit• N KR F,-Ce.e` >R a, S.H ga�Sx_x a= �y "* ' .4'ff ,1! •' ({.I'"'wiw/d...,4 0 N ^. c3gx a as t - • ;� 1 ratwrr Z = L o$s3 g x 'sY"a 3`&R iaa: 1R E3 vw I. ail.' P .. T f 3 A N '- r, Rug: E s a ,53- P *v g _ % . 11"," ; z 5- 14 aisas ate- 4i .2t" '3 - Its_ 11^ a pi a R � 43r- ag >ra �� z V. 80 z - : -3 s e as ?3 : .:,sit R 3,a I6 a... aa�a Red�`,Sta so ; ,,y m-. m Z '3 a .saa a�tJ gJ t!'ffR : L-o qA CR a =ratz .Na RI- isP g R.Ftp.r.'a -e" 1 tie .. )44 �r n EilA ap €. eS� ae ; •,a C i1 .c0 s j x I�JZ al �.�.� • a %T W [` r 0 aP■ a r >S r Ti EP•a`, .Secs-:11? a '" �ra41 r s I� I� I2 C an : &11 t 4ra° gt•s= $sa - Rat 'I II I A 7 Ex6.. Olympic Hills 5th - Vacant Land Sales P.I.D. Date Sale Zoning Approx. Size Comments A 25722-0008 8/86 $ 73,000 RI 13.5 16,000 9495 Bennett Place B 25-22-0004 5/86 52,000 R1 13.5 18,000 9582 Bennett Place 1 C 25-22-0003 3/86 44,900 R1 13.5 14,000 9600 Bennett Place 1 __-5_2.3_0.024 , 9/. 6_ 6ea0 , R1 13.5 ` 14,0Q0 9657 Bennett Place - • ,. .. I_ ., II a • '° / •_ 4 :'ti 'yam.' O \. i. L.I Car l I If _• W K• 1.1 ~ f • c - "•, %a - � r '• '�0tYa 32 $ '' .� nr,;oe , ;e ; . Ysi_ o •' a: , ,7"...M y;; ' gib • '_.; C'. 14J0$ s;,.-f -'- `S °�'t'f'. :'t«/ r.r.•,; T' f - • ,.'•'' = `0 _b:8 W•y Tiro 8a! o�.,•l�'\h•A.. .! 44 \.•,• a�.: }••.C! `�~' `• \N H .\`/F 'fir\`3z' .,U: C.pt,f _ 44 1-Li ,,.47; .( 4 • n ( \ ` w `' is' ^ f ' 1'", ..3\ i y} :F �/5141 - � Ni 1 '•-�_i r ' 11 g I ' -:,,k�`1f a a�`��• .. .„'''. './(/ S / c f 0 • J F - ^ro : JJ// / ° I, '!` i =s Z r of 1 5•ik :ii n,i V `•-i 1 i rnJ •r C _ :, a=: co r • I •r �.. 1 I .,i•QI R. a• �i. 1,' • / I''. 'e' r`�ti,,:\'. S :.. `', '/�/ • I —• I Olympic Hills 6th - Vacant Land Sales P.I.D. Date Sale Zoning Approx. Size Comments A 23-43-0017 4/86 $ 79,000 RI 13.5 19,000 11682 Mt. Curve Rd. B 23-43-0016 6/85 65,000 R1 13.5 19,000 11652 Mt. Curve Rd. C 23=44_0D13 8/86 98s000 3.5 19,000 1-1502 Mt. Curve Rd. D 23-44-0012 6/86 100,000 R1 13.5 19,000 11472 Mt. Curve Rd. E 23-44-0023 7/86 65,000 R1 13.5 15,000 11337 Mt. Curve Rd. F 23-43-0038 12/86 65,000 R1 13.5 16,000 9349 Olympia Drive _ 11 _ I i - , N,/: •:*.'41 ; 1' k . I. ' 1--)...., I •2- ",„ %.;,:‘ '' -.tlf..,=-• 40 I t $Lea( ..: 4 4 - k ,._*1vto,n-,t .r....:---r_s_ -irt •i- --, : l •••-•'-eVeit---:'* $ ' . zsir w 1.1s-:. 1 .... •--, I '5 ;.• --0 z,, t,,,,Q„..,,,4 4, ...._.. 8[ •,-• \ '- 2'iP 'i i"..'.7....,41 .#:-• .. " -,‘ ::.."d't.t -4.. ,:-.-•". 1..-%'', -- • ...bail,-- t #..r. -br 1 • i ft4 • - 71. 40-4%. • ...- g -4!!!CI -sAr ,, izs, -' Oil/ C•yk'-4 t. a, ,. 4 -(.::.•!'f. 't--, "C'' .•••• 0,; 4-$4;::-.--/1 4 i z.- O''•ii-:," i ii 8 4. ' ..-5.- ,, .X 1 I -- 4; ..-- , I — 14...••••4?.."1,A-4.- .--.."-I.% 1 4/1 --, 4 44%:-- t4 i •1 ,(:) (..•,-- ,-- ,3 4t6 2,'_`-., 3$, 4•... 41,-j•.''t :. .-a •• 4.4 ar k•ii C5-. 4., .,...cpei V 4 CI a). .4 :::., Zatti ''44 ..;t4 ,,. o_it) 41/ 4- c, 4 v..-..---40; . ' /4-- , t ,# U , T.-..:) CI C.) 72 I '''''', '' 4 4-,z•-, . `<0••1 ", ".- . 61), -4-i,X) 1 e NT• • 444, „-- / --:e.,•,.. t cl, •...:• -,, /4 4; ., iii, ./ , ,, ‘,' .- ---- S. 43'; /4e..ifii .--• , C-' il/4' ,•:..424 'I ,' --.:.) ,Ir v...".. r . ,v ...:-..,./ / ....41.....,.. 1 , • ,4.2 44', / / ...„. ..„.., ....,, 7,...,,,...„- foil b " 4/41 i ,,....!..,,. 4-t----.......„ t, c-- 0,... • ..... ••••• :tz•3'••• 4 :.il*:,:•„•••,../ I C.) 4SN,'%,'••,.< '.4%.' cl`. > ‘ i ‘11F '''..;.. . .1 :/..... (l) - ....,. ..•,--. ,o,f,,,, .X a <4 4)• t , / ;.• .$:. \.2.- .. ... , 42/ is........ r ' N. —. ‘,- r ' 4•A . :i..It ." ...... - , . • ::••• .. I:-' ,,„, is ‘V .., •• •,.>at ) I // r IS! CA jr.....„1.... r 4 -t.',-'i.,,r1, ,‘--. x ::-c-`,--N. ti VD / " 4. ri , I .-_, .., ,,-;x i.*•,..1-4... ....- .. / . 1 itr,P 4-VA/ :Pk r:4`.."44:.-'4','..16,' !:'i I / .. ; icr.... 0,•4,!-..,.,„, CW' 10, 4'f'-:- ,b7 , ',1-,i---_-,.... •, .„. ; -..:„=.....-41.4 Of .„4. ,mr1 Let Z. ,,,t dr .:, , ..1).y•y 4,• 4'41) tsj,.. •." 'N i* '- ,...4 0 ' 't 'la ' 11 I z • k y.....•fr ' V . it: /4, / Z •ta",.....•,...._4 *"#r"-" '':--:-1--**7St."1, : 7" #"4.• ''...: ; .1.9 -:..7). afti,.,r.\ 7 . "b>2-ir,•.',1 -4,a;<tat Lf n •,4 r r• .11 I -5-7, ; 14 U 4',i.f s)..----:1*.•-.,;,; _,. <=--. lb44.4 tia c- ..., t 4.4 . -,•'•-..,„r",04, 4,"0" l'•----...., 4'--) t) i .• 4 S„.F1ii•••. ,," _ ,.... -.7 C- l ,Nt* ,,''''.;4.-'--‘. C' t) 1 :k .,. ,t.,..• j,t :t,s. .:.--;; /64 -• -1.:).... rr ' -,',.:. j ::-. ow.. .0*4A N't•;•‘`Ct 0/ cv-i I I I ..\ .....• .. " • ..., ."41 A ,,, --1, 61. r _..._ 4 '''',-' ,-,..,...... •c _ 3 s ( ) a ,..:., -Ii-- ....... '.•''t`i.4 '3.,•---%. ... ,,' • -........, .040,4 4,-,v11‘.;.;A• (4.4' _A I i Z r — . ,-., 0,41•;•41, 4. '4P,•-,/-;::-..,. ,e, ..• .,, '3- ,,,„of. ..•.,,,. 3-:::•, 1,A-co;. ---.7.). ,-. r I r t `,/t,,--;;-,,,...; ,.,,-) 3.4,,.." • -. ___ 4 ,,,,l'e. •k;;;'„,„,‘," 1,,t . ), iII ' 04 '1';/... ....7,•„,, \,'; , _.-\ .. .--, .. .-4. • .,-- , -,• • - - ,- .=- • ooze, . -- r,- , z-- I 7::i vt • .,'.& -z •z,;:. `-'5•„!-... e, - V=.1 S \ r- \ .-, - -, o o 1 U. I PJ zz Olympic Hills 7th - Vacant Land Sales P.I.b. Date Sale Zoning Approx. Size Comments A 25-21-0052 9/86 $ 106,000 R1 13.5 18,000 10782 Mt. Curve Rd. B 25-21-0056 7/86 65,000 R1 13.5 16,000 10662 Mt. Curve Rd. C 25-21-0057 8/86 65,000 R1 13.5 15,000 10632 Mt. Curve Rd. D 25-22-0027 7/86 60,000 R1 13.5 18,000 11021 Mt. Curve Rd. E 25-22-0026 1/86 60,000 R1 13.5 18,000 11055 Mt. Curve Rd. 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N-11 00 .00 0 000 0 0 0 f ,5. 0000 O 00 C 0 0 O �+ D r N �o SO • W C 1 7 cn n 0 rD r fL 1 Exhibit 12 Page 1 lay 28, 1937 Board of Review Appraisal Lake Ridge Office Park 11-116-22 42 0013 (Spencer Dean, SR.) 7535 Office Ridge Circle 11-116-22 42 0002 (Hustad's) 7460 Market Place Drive 11-116-22 42 0003 (Quads) 7470 Market Place Drive 11-116-22 42 0004 (Oldre) 7480 Market Place Drive 11-116-22 42 0005 (Frana) 7490 Market Place Drive 11-116-22 42 OD09 (Town & Country) 7540 Market Place Drive 11-116-22 42 0025 (Lake Ridge Assoc.) 7525 Office Ridge Circle 11-116-22 42 0036 (Lundgren,Johnson,Peterson) 7545 Market Place Drive #1 11-116-22 42 0037 (WCO'B Partners) 7545 Market Place Drive #2 11-116-22 42 003E (WCO'B Partners 7520 Market Place Drive #3 11-116-22 42 0040 (TOP Property) 7565 Market Place Drive 11-116-22 42 0041 (Ryan Development) 7500 Market Place Drive Prepared by Steven R. Sinell The subject properties are office condos. and office townhouses located in the Lake Ridge Office Park. They are high quality wood frame construction and were built between 1981 and 1985. Market Approach Sale Bldg. Land C.E. Price Sales Address Date Size Age Area Price Per Sq. Ft. #1) 7470 Market Place Dr 6/86 4578 1981 T.H. $459,000 $10D.26 #2) 7520 Market Place Dr #1 5/84 2275 19B4 T.H. $227,626 $100.06 #3) 7520 Market Place #2,#3 5/84 2631 1984 T.H. $254,255 $ 96.64 #4) 7545 Office Ridge Cir 5/84 2204 1984 T.H. $216,500 $ 98.23 #5) 7565 Office Ridge Cir 11/B4 3182 1984 T.H. $350,000 $109.99 #6) 6466 City West Pkwy 12/86 2054 1984 T.H. $228,910 $111.45 #7) 6466 City West Pkwy 4/84 2054 1984 T.H. $209,649 $102.07 #8) 6200 Excelsior Blvd 5/85 3607 19B4 Condo. $360,000 $ 99.80 Indicated value for subject properties at Lake Ridge Office Park is $100 per square foot. Comps #1 thru #5 are located in Lake Ridge Office Park. Income Approach Market rents per square foot $9.00 to $12.00 net. Economic rents $11.00 per sq. ft. Economic Rent $11.00 10% Vacancy & Collection - 1.10 Effective Rent 9.90 Unreimbursed Expense - .60 Net Operating Income 9.30 Net Income $9.30 - Overall Captialization Rate 10% = $93.00 Sq. Ft. Exhibit 12 Page 2 ( i Page 2 Board of Review Appraisal Lake Ridge Office Park Correlation - The most weight was placed on the market approach since office condo. and office townhouses usually sell to an owner occupant rather than to an absentee investor owner. Considering all factors, my opinion of value as of 1/2/87 is $100 per sq. ft. 11-116-22 42 0013 Gross Sq. Ft. 4597 @ 100 = 459,700 11-116-22 42 0002 Gross Sq. Ft. 5641 @ 100 = 564,100 11-116-22 42 0003 Gross Sq. Ft. 4578 @ 100 = 457,800 11-116-22 42 0004 Gross Sq. Ft. 3841 @ 100 = 384,100 11-116-22 42 0005 Gross Sq. Ft. 3841 @ 100 = 384,100 11-116-22 42 0009 Gross Sq. Ft. 3841 @ 100 = 384,100 11-116-22 42 0025 Gross Sq. Ft. 5641 @ 100 = 564,100 11-116-22 42 0036 Gross Sq. Ft. 2275 @ 100 = 227,500 11-116-22 42 0037 Gross Sq. Ft. 924 @ 100 = 92,400 11-116-22 42 0038 Gross Sq. Ft. 1707 @ 100 = 170,700 11-116-22 42 0040 Gross Sq. Ft. 3182 @ 100 = 318,200 11-116-22 42 0041 Gross Sq. Ft. 3725 @ 83.22 =310,000 (Partial Construction) Exhibit 13 Page 1 ( r+ rr O. a p. ,+ a0 ,-1n - M ,+ a s H.o on ro o a V a m �° 0 DJ 0 x-CD"0 ro M �tv � � 7n � � a fl a°a a `+ aeC)(D r+ o o, D.. 0, 0, N I 0 O M• n w. 0 3.I. vl 7' 1+. M 0 vl (A e+ H. M M M e+ M O 1-1 W.W. (0 pl 'tl 1-A - 7-Cr N do n 0 0 1� 0 0 0 ,-,. 0 O N 0 0 W. M y C a, CD d LJ.n u, N M d e+ e+ 0 'T1 N rU N .'7 1-+N H• (71 c � Ns 0 '+ o ( Al ° a0 3 7 a as 0 < v o �' '* 3 a e+� o 7 a) • a M N s 0+ p .+0 ,- x -A M C 0 N ww 01 1 10+ O f ((� 9 _ A O Z u,c. Cl -< en l N Ui 3 In CD c •--. < y < c..0 N .-. ,A. 0 3 0 V. 2 rNn O O N. cn M CI) T(0 L N O N o cwnu,a \ia (ow °' �,0. o O. 0 r- ,., AY a cod Avge NN10,, a CW c '+ a Alt 4 m • a C v In CO to M. 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N 0. a , 0 7-2 n(z 3' Qo a ID < DI In a ..N n O\ 0 V Q�pp ID -4, I Cr -< 7 O 0 -n0(J w a.ID 'JDl0 Do as 0 Z •• Z UI r.) A 01 .. O' CD ? 0'0 N ,•-• ti -• n 0 0 y D' SO CT - O O 0 d 0 / 0 A R O- c in co zro H 'V 31 . a� I a A .0 a r0a w n0 0 j 7a V 0 I MI ro �v f DI n O r + I ,+-• r + + 1 A O 0 O 0 0 0 0 N = 0 0 0 0 0 0 • 0. z- I r • W • (D - I - m o r.7 0 • Exhibit 17 Page 1 May 28, 1987 Board of Review Appraisal 6509 Flying Cloud Drive - Subject P.I.D.'s 01-116-22 13 0018 i. 01-116-22 13 0019 01-116-22 13 0020 01-116-22 42 0003 01-116-22 42 0004 Perkin-Elmer Corporation - Owner Prepared by Steven R. Sinell The property is 31.19 acres improved with a 212,373 sq. ft. office, engineering offices and labs, manufacturing and warehousing facility. The building was built in stages from 1974 to 19B5. The effective age is 1979. Cost Approach - $8,688,000 Market Approach - $9,132,000 Income Approach - $8,489,000 Correlation - All three approachs to value are reliable as sufficient information was available for analysis. The most weight was placed on the cost approach because the subject is an owner occupied property which has been built to their needs and includes a significant amount of extra land for future building expansion. Considering all factors, my opinion of value as of 1/2/87 is $8,600,000. L .�� , Exhibit 17 Page 2 m X A E m -I DVInNHnom r r -I 0 VO H D 2 CrHA0AInmA D m s A p0 m m m Im D N0in>ZAm90 > x in tt • UI N m A A n -IOms2ms2 2 s A inZ nN -I s VIA A0•fit q 0 r s Am Cz 2z < 1� A 2 N 0 Y 00•-4-I q1 2 0 A 0 A ��1'=T\t-1 Ol Ima m 0 A A rn I l-I D I s Ut < in Z Z 2 2<O 2� Z< 2K 2 K D .4.Z 13 I .IV�� m9 7 A. q A 1 n O - O N ON O N ON O N I 1 1 1 I O 9 Z jz,p O 2 A .qrg n N•-•n NH N. _N I NH N.+ N I 6 9'Is61m rnnamm N 0D<ox n020C rwN.. 0 p p ,r\'�� aApp cn><m O m.m Orn rn00Zn ZI<InX 0 < 0 X0 I C - s rn n-1H0-I OHmon D p O r0 -i nSHA mAAKmA YaIA Z A O mA -1/4„„ 1} �57�$ <N m /nZ H DH 0 N In r n Yaw, A rG (l}I�l 20 <Krn H 00r2 1�., 0 mCC-'1I'1 1.OW1 1A-1T i1.--4 m n I I r H a mppOT. W' nm H <A I I I CO 0 2.1 s 0 -40 rn Z A..y 1 1 1 0 m 17 N Z O T — S\ O Z In C s n r •-•NN W W rA VIP W N.-. C•4 V"p V1 r W N H H UI In V1 N 711— - �... mil\ . - X X X X J ij X ` s93241m 02170Z�1T ON>E9 00n3EICA 0000s In -t rnm• -a Xa0Or -IZNOr, n -lrpmo-i Am O M AZNAOT 0s-lAT ZN90--t1Z 0 ZSZ-IOCMX OoE0A0 �I A H HN�y • C mGf n n n tt1C. on O O m o nsonn-i -tAp Om-i0 0 CSs• ASCmEm.{2 AI- co 'It zoom C) rn S/nozimmz s E n-an S m Z s s D r ^H Z s O A m s o N T T 0,22 m I O n Z m Y�Asrns° I -It-43313230 XXAM -t I-1s -12Z13* N -4 v by AT • r.mrZnZ I rnZmmmH .- -4 Tsn-1 IHH 0 0'30t-1 T pp '.1r11 sr-t7C0 1 ArIDs2 AH H OZZOO -t.-I0Z r'.9 mAOn�.G s ZIn N l i I i I I o «.I-• A Z G7 A< 2rnm oC sII--p ffll s r m-I 0 Z r r s m mono° 33 E 2 X g s-{ n p Ig-.5 i2 QJS� Nr.P r IA►. OTm<Z Asr -1 In m• rI3N t�p b @��u>Jm �„� �NN� -fit E rr- • mZ ' W N..z Ty N s , utrW N r W N m J0'VI w Nh•N P0r, w N r Xt j a l„v XXXXXXX ` t\ OOX� N ACOAa m Z 7.CA UI nits CDss CT AA (I/�1Is A CZ 0Z -ice mm r A 2CCA m r < m<O m<O 3N0-t C 2 T A -1 In-1 2 O O r n 0 0 as 3 n 1 n morn r m 0 r m 0 -I in 71 -40 Z Dm A K mO s mmm 99 CZ r smA EAI<11 ED/<1119- Cm Co Cl O O A Z n o n A n A D s .N m A Z 2 O09 XIXmm- 2412@JN D 10o n A M < N\m 00 n 0 i UI ZC s OAO mr mAm 9DA 1. 9Am X -4 021. 2-I H sTc ams m-IM A A 0 DM 000 DAD ..1q0 H '�K< COM mON0 < < < < 0 r A C nm41 CQns z Om D�O HA-IZ rn mH T mH 0 •• N O (4 A m A N C G1 U1< M 23 H 0-1 A A n A A 2 O 1.t -1 ZmA A D s s A41 elZ 1 -I N...< m T r m m p E m4q O m w N I-• _ •c .g. r> N H S W N N • 9J \ 441,3•-• w M / c\ �, � 00 0 D AG1nZOm<41 A C D D A 17 m A D m v m D A m 3 mm i A \ Z3 a-Im-nno -t �+ • Y\0 \ ANb 0Z10i1 A 0m r C 3 �\ q n m N In N N D -1 A n rr -t 2 A. [f C• 13 D to -I 0 -I n H O H H \ cm O m Z... — N.N. C AOm m •T m 021Am-• m i % 000h X r N AAI Y Ak n0 r H\ 0 •-i m X HT� m = (4 32 r Z Z Z m M A O -{m s W N..•m -I-t 1� O #_ \D ' A H Z H m O m O W N m •Q Q� ry 3 -I CI O O•n K < co co O•n < * S jGi`c n < s �0 K Z IJIm rA A A�1 m •• AAA'° Tp 0 m m r 0 0 N m R N A N lA 9 01 m 1 % In r n A \ 7t V 4`�111 p�l N 0 4 . n sa � In irq = l mvw . ss N.M I. 1 i I Fxh�h�r o t _._. . ._. . . :.I{_{ ,'. :1 . . .4 1- f_-- ' , - _1_.. _ } t t + { r::r. . . ..... . .- .. , MtC . 1 , -. ... __. MARKET APPROACH . fldg. Land Price Sales Address VX.c Da-terdff;e Size Age Area Price Terms Per Sq. Ft. 1 44_ ,o4_ /d 1l-4 `fr. y62, a,C..iq •z £f2 o229a,A.. / ;s4' SS,Z C - ;� 2 .aew 14-;�-e/ /3//6 .59Z /bb;36/ E'�v /0,41 aao /43S4aro C /.,R2 3 SLf relo19t3Z /-3'/-I/ •IRS 41,922, ?049/.2 81 /?•S'!/,tub G. .31 8,ofrO,Gro G ,(.( a4 gca .tf-li—i� jmce -- �/8 dla.343 79 3/.l9tw, UUU Square Foot 2i 37S x . .0'D Per Sq.Ft. = 9/37,039 Gross Income x GRM = VALUE BY THE MARKET APPROACH $9/3 �OV'6 Cost Approach: Replacement Cost $7./0y'4,1-471 Less: Depreciation /o9.e.�� /42 ./62, - /fl ,,/R7 Depreciated Value of Building 7 /6( $�' yo orb Land Value (Site Value)o?/./9 �w.. (l a•C'o7.6C- + �740 pap VALUE BY THE COST APPROACH $8G88 Net Income Capitalization Approach: 3y3 600 100% Potential Gross Income (Actual Economic $ £'y949.2_. Less: Vacancy & Credit Loss /o%e % - 94/.9/6 Effective Gross Income $XV,s 13 Less: Expenses �/ • Management 'I @ 724 Utilities, Repairs, Reserves, etc. before taxes Total Expenses - /J7/a Net Income Before Taxes $ i O,7.3/ Capitalization Rate (0%) + Sax-Rotc-( %) a AP % VALUE BY THE CAPITALIZATION PROCESS 7.rt08,Si0 I ie.a,o tlr.+&I //// im,6/44-I- I,98/• Correlated Estimate of Value:Land• 11'14,dtO Bldg..0, UO TOTAL ' ' /A9 Value Estimate is for Japuary 2, 19 87 Date of Appraisal ,9.f/ '7 - 18 0/� .5 i ,i 1 Exhibit 18 Page 1 May 21, 1987 Board of Review Appraisal 8140 Flying Cloud Drive P.I.D.'s 14-116-22 13 0005 14-116-22 42 0002 David Investment/David Hanson Prepared by Steven R. Sinell The property is 44,869 sq. ft. of land improved with a 8,000 sq. ft. 2 level office building. The building was constructed in 1981. Cost Approach - $391,000 Income Approach - $281,000 Market Approach - $384,000 Correlation - The cost and market approachs to value are both reliable as verifiable costs are available, the market for vacant commercial land for office construction is active, and reliable comparable sales have occurred. The income approach to value is difficult to substantiate on small office buildings in that many of them are owner occupied and many are not professionally managed. Considering all factors, my opinion of value as of 1/2/87 is $360,000. { m m N .A D N s N M s 0 m ✓3 I. 1f;1 Y 1r L 4 M s F. M n A to (A m111 ^I CrMZ0mmmZ y CXnlml s x! O vrn o m m E n TrmTz"mm0 Z ` O X 0pA M MHE yEmDZOD 1 O > 'n m 3O r 1 0 %MDDO N 0 D 0 T .9 .4 0 D m ZmM M D In -I rn M < m zz Z1r z•c5 z.c z1 z1 z1 D GI GG1 m i n A in 0(o n ON ON ON Orn Om I& 1 I I I ��jj••��M C nZCO ). m N N � I I �.�1 N A `v -1 A ((e�rn I� N r n N. N. N r N. Nr. 2.f�! �` Z �VN 1 .'Cj T D T mn'ORCCT F W N.+ on 1� I (N!1 OMm On M2-4OZ C'nD<m S D. 0 XN 'Qs A.9.�OT mNN'�n Z XX '�~ ,y Gi r0 n•1••'In�r1i Or1<11AAD t E m pp n-I I VIN M rn M maa1T� Z O AO Z0` <Krp-nz M Gp1 G1rS D rC i 1 M m m 1 1 D M m OO m• O m m 1 Kis D T 1 DIIH z fy I7:�\y 0 0A I I I m o�13 m E1 12 rn Orn U� pc D _7. rD. r N N W W F y U VI WNr t.VI VI N M I VI.D W N 1+ I yy gg \'\ Dmmzo'n -01MxmOOIT" OzN0-- A .Or OmONA•m NOClO> n 1zN• S no D-1am xom01A Cp -.11 £O11 A IC-I1prN. . • m n ACf TC• O MO O f=11 tell tzlDC0.,n_I 0�Oppn fAil•N-1O yy Envn $I=112yyyyD 7. AMZm DOrn Af=n .9.DNN -II m ANmr n7tm mmOZIm'- ' • DT D 0 11M.V.L m oAM -1 M> 1S24 • to -I 0 II.1 ATO nzr-1 T rz nZ 1 mzm rr — i mD n 1 mmmZ n 01)N E m sm Dr•� In1 I mm z A m I 1 1 InA OGz1G1A< mmmomc A moron-nor. a r r D.m m n rn a.i n r RI M D N r 0 F oo m m<A .9 D r �{ r � =0 0 s- , ONNm N .9C 1 H ^/D :et. M r r M. r.. Z W N r.� Vn VI i•W N�+ F W N�+m V P VI F W N. 0 O VI F W N I+ y. X C,, XXXXXXX \ \\ \C x • M ` • UOX.•N DCCOMM M Z Z N.9 N not> on> ODD on OH OM -Zmm pr M ZCD m r < m<m m<W ZOO -11p0 Tal ZMZ Dm D1TO Dmmmm yVy n r D'mom'I OU< rmo OA<V • =T nI O O••pp s z n. n N moD. y nm n'f U m m = EDT EnrnrC Cn10 D O3 O rnr mZ m •C .9 mm m 7C 1 A zn z 1`Irn-I Df101D D1011 D z IN111M M M I0 Dorm 000 . )nmo n�0 H z-c< CO-i MONG0 < < < <O II'•`. In CC. 0 m p Z 0o M M-1 z f n T M m m. n 0 N HDm 1n0 0 NN Z M m GIM01 Z an XI M �.„1,,..,,,. mOOO 1 .y zmZ D DD D n 0 O.1. —•N1 -4 1 N<\ m m r m rni1m,�y7_0= W N r �S 1 't oQ rY 6 E �`'� WW�N. Nr 0 1. • Wm.. WN - .M.1 3.1 00 n D ZOn ZOrn<Gf m \ no. D V mm DRC'I Z m -4-44 0 A 1 z 1 m-1 m n n 0 = nl Mp .mI-4 D4120 p D.9 y w1p M N n z-1m n r -Iz a'C A V1'->11 z A - C)IO MM NN C T\M11 1 • T02Nm Z T so AA n s My A 1-11 mG1NNO X� -i1 r 2 • 0 X2 m z N m rn HH n M 1yI.�� M m0 T C W N.-T 1r OWN. T 1m 1 (nrn < r '01j11 H mm 'y 1 WWCf 91 C 1Of Of W-II 1 2 rAAA'n m sMXIMm mA NI N N N V -n m • m 1 1 m� Eo 0 0 H ZZ s � 2 $ > NC X n F- r' 1 , } {Exhab i; Its—Page3— 1t _ _ _• - ..: .. . j+ MARKET APPROACH B1dg. Land Cb. Price de" Sales Address Date Size Age Area Price Terms Per Sq. Ft. 47,' 1 _5/�/ul Aar (7/ L.,# fib Acf i4 fIPO /0447, — 417 2 (ieo drj e 131e1.-SA6.7,a l 9.3/6 07 %.9f 3.54de 7 — 141•f 3 L/S3 7 Sf. 64,adip '.'4 rro(ro Pig 4/7 39 V/7:9Jf — 6449 Bat a _ — _ SW at/ Square Foot -1/pos x .s/ Per —q.Ft. =. W,0�'O Gross Income x GRM = /L VALUE BY THE MARKET APPROACH $ ,37/011 Cost Approach: Replacement Cost 5 33/,5a6/ Less: Depreciation/52 gin.-/SZ ...-•G%Pb-34, - 119,3'{7 Depreciated Value of Buildin�gq. /f $ ,0/.2,OO9 Land Value (Site Value) y y 4&&g4.0-IX/slid + 1,9,aob VALUE BY THE COST APPROACH 4°6 $ ..9' Net Income Capitalization Approach: 5o90/D•61) ',/ 1DD% Potential Gross Income (Actua Economic) $G13y,� Less: Vacancy & Credit Loss /0 2, % - /of'r3I Effective Gross Income $//S/O Less: Expenses Management 7r,.3• :0s Utilities, Repairs, Reserves, etc; before taxes Total Expenses - 1i Net Income Before Taxes �/ $ Capitalization Rate ( 9 %) + Tax Rate ('i6 %) .43 % VALUE BY THE CAPITALIZATION PROCESS + _ Correlated Estimate of Value:Lando/nXO Bldg.Rge-O TOTAL $ e Value Estimate is for anuary 2, 19,87 Date of Appraisal a�7 SZ R j 1 i Exhibit 19 Page 1 `" c0 y `o o a ti Dzrorowxn Dcnmz �� 0cn 0D0 ' am � x 1• •O Oa a Q0 <l • n -t tit '0 a"+ n- (-I a NWMO �n CD I. Inv W N°' a n ti, Co e+ N CD 7n D. B 7D O N m •-• rt o p• M n �• 3 a In 7 I.,. M o o n r+ I.CD '+ �. 00NNNrNOr+Z n II I.I. (n tit 'Va a. a D CO n v(D 0 0 tO O O O w. z n, N O. 0 3 N 0 O (+ I < < o -S p,LI. �' •-• N M a .+ rf 0 •VN • N O f••N I'•r °i' mQ C 0 rt J O CD M a O c -h Cr ' 1-.. 3 CV O 1••• C Ln -s o ,..< a O N 5 I. N m O N S 3 - rf 7 �, N fv a D MN t0 rf 0. 10N ' ,-1- II N as�^ a~+ ID II O IV I• GM CA n I NI n c 2 - v I-• IV0 o D 0• 0 •• I col in T O1.. I., c).. -w- Inb c7 C 0 '30 -s y. 0 (]I n e+ID' . A•-• < 0 b �' 0 0 (n cOr Ntt N d N ID 0 0, C 7 '> cfl V ID 0 V t0 II..0 0 C 0 00 0 f+ A o f O . - man �o Dzm N A C p n IV Oa a y1 -a n , I-• N 0,n c0- n. c7 I- w•• In•-• c7-2 10 N M CO 0 I-. w ID O• n 0 = .- 0 A CD 0 • 00 0*cn 0 •-.0 b cIte f717' �p a I o c, J r+ aD - E0 a.CO • 0 Q O I • S CO I. .•s - /r I.N. r+a a � � l 9 z o D -• _ cn Hvco { No N oo I I A D o„ D C cn o ,-• .. , I I I CO N ft 2 0.3 I O 0 co 4.71 US N N _ 0 ^ z 3 0 OO O O R" O L1 O N y • C 0 0 4 G N fD 0 1••' r z rt Ty Iy -I 0, sisOs I-• n v.; Vt V N<• ••.N• 0 < �o N O. �+ fl+ O• w In fD v O• < - O < • - W A o m N n.. n 3 V,eo �m - o m C7g < 0 Z CD D A IA w A I I I + + 1.... I O O CO 01 00 Os - I) COw 4.0 r 0. 0 0 0- 0 A 0 m • O c... 0• 0 0 - 0 O N O 10 O - C. - a N 0 In e4 • 2 I N S 2 P. R7 7 N A 00i 0 0 .. 7 n 0 -w o-+ n 2 n O? w • m 0 -s 0. < o O, CD o + CD • 0 • 0 • CO r.. ' Io N 70 • a 0 • O•ID - D Q 0 I �w I.+ ow o0 r• - Y v -I I to 00 Iw + + I + 7w ID CO N Vt O I-• Ns › r 0 ., . rt o0 0 - cn O r o 0 0 (+ n 3 WID a tn3 Exhibit 20 Page 1 Ir 5/20/87 Board of Review Appraisal 8240 Flying Cloud Drive P.I.D. 14-116-22 31 0040 Normar Investments/Q Petroleum Prepared by Steven R. Sinell • The property is 44,668 sq. ft. of land improved with a 2,400 sq. ft. convenience market and gasoline self-service pumps with steel canopy over. The improvements were completed in 1985. The property is owned by Normar Investments and leased to Q Petroleum Corporation. Normar and Q Petroleum are related firms making the income approach based on actual rents unreliable. The land was purchased 9/2I/84 for $20I,037.50 and the taxable building and site improvements were built at a cost of $230,000 for a total cost of the real estate of $431,037.50, plus $115,000 • of non-taxable equipment for a total project cost of $546,037.50 per Marlene Walston of Q Petroleum. Cost Approach - $409,800 Income Approach - $933,000 Correlation - Most reliable approach to value on new properties is usually the cost approach. The income approach based on actual rent, when both lessor and lessee are related can be very unreliable. Considering all factors, my opinion of value as of 1/2/87 is $409,800. • • tn TX 1 )+ m O tX b�t _ape O A SA r AAAmA O X s Tm nAI- IL ' 1p ' Pi -1+N i A A J Z G S r >-I rn D ND•• Abl• A p -I OA � 3M a \W>D 1 fi �1 r+T D r 1 I S fn 1 iM D A M I D I )• NA' .tAZm � I n {O Zm aZ< Z-c Z-c Z< i - 0• m . kIA .t p 2Omn om O O om 1 `•O N NN of i N...Z N. N. N.r N. N. \ A` y�N l\ fA'1D l C '�� :� 7 N T M N fC 99 [ A its 1 1 sm CD<oX Tof i♦WN l O 1r XI mO rn n '+IZ< I <T o < o mZA S_R I. ZO A • Dir n rim.miles- A CXYD E T 0 n -I Q 0 m6 M• CI rn D 1rmA O mi�04 m Y r 0 Z= fn ZHy O G0)A I O-I0.Z rn I v s ( O 1 N Y Ni♦WN►• Nr- 1/1 N M ♦ Da •Z O Z nin OH £a 0-167 n3£0- NOnfp> Y•I A A• _ • O.iam SZ • 0-MIA O MDZ1C C •X Q••pp£f1 Af11 n A 1-r.I.1 m nn mC O O O mNn DOn 1 1AOOm--10 �Q 'n .a82r n m ingkZ2iZ£ an m D - A D 1a f=II �D N -n in 0 A m 1 0f12mN s s 1 1 A n -/ M D 1- f11 • CO -1 r1 A•n • • r A r' n I m m .- m n1 1r n N£1 m 0 >n nT� A M O• Z 0 0 1 0pG CCU Aco z co r 0-M•1 . II . A Z U r0-;m m0n ArQAyy TM • Awr- 0 rn<Z r m• . W '••H Ni♦ Ni-. Ni- m V PY1lwN IA P N.ir W Nr-. au• at •IU11.■ 1 5 m \ 13fP N -1 _myr. r- 0.44CN A N n ftD /Li tp M Oa -i,_mm r A CD mn 10-IZO0 mOaA3 n m rnO r<n -3•Irrnnf S g0 M DmD1�10 Dmin n CCr- >n i mn paZ oAnAf7Ay n �7 m A a Cana, a A7C 2f.7 SPJN b 00n A MAO rn r m A m a D A > a A m X 1 0 Z D X N•1\M D-4 rrn-Zy I-I O Dm 000 D Ab D0 M Z« C01 i000) <Zf- 0 r A C oino ncc Z Om Y Z MA1S ml-I M n 0 m \ N 0rn sm i00 0 N� m� 1Np1 A7r rn 0-, M.. c i 0. m m 3m W N W /.3 WN•- N.3 O - • . ..1 r \ C— S �- DD D a m-• Dm0 m 1.X 1 m -I-I 1!1 a Z- a-1imnO Z T m S A • >\{0 \ 23.D0Z0 > fC)m pG� in � I D r r N D Z 1 A n r 1 �31 " ?_ O �Hn Z M 10m01-IH \ C WM \\ < A , rn A -T•1 mm f7NNO Xa rs rn AA -v 2 ` 0 a. M M • m M 3 T 0 5 cQ.. r gm O \� 22 m M X Z rn z inZ m MM a M M m0 m 0wN rnl 1T 0wN+-m 1-1 • 11.. Z3 1fp CO I .4 -1 fp fp pT t :•� . N mrn+1 N I •-IA N v mm Z-ri rAAA'n m I- mm U N i� Iin ). C\ 0 1 g QMp 1. r Z M ; X X n { Y . . _ - _ • , . ExFi4�+rtj r� t t� tL ' -- _ --; MARKET APPROACH Bldg. Land Price Sales Address Date Size Age Area Price Terms Per Sq. Ft. 1 2 3 4 Square Foot x Per Sq.Ft. _ Gross Income x GRM VALUE BY THE MARKET APPROACH $ ( Cost Approach:/ Replacement Cost—�.rsL(t 3wt' $ MOO Less: Depreciation - — Depreciated Value of Building $ Land Value (Site Value) WgG'Y.yt + $ o?.9/� ' VALUE BY THE COST APPROACH IMO Net Income Capitalization Approach: 100% Potential Gross Income (Actin/Economic) $/Q3,/40 Less: Vacancy & Credit Loss-- a - p Effective Gross Income $ /ogAK0 Less: Expenses Management AD Utilities, Repa s, Reserves, etc. before taxes Total Expenses - /D (,/ Net Income Before Taxes $ 943/s. Capitalization Rate (/OK) I Tax Rat, ( %) a ,' % VALUE BY THE CAPITALIZATION PROCESS $ 94 A5td Correlated Estimate of Value:Land a0/,001D Bldg.a908;e0.0 TOTAL $ Value Estimate is f J u 2, 19 /�,/� • Date of Appraisal QO/� ( i CITY OF EOEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-140 A RESOLUTION ACCEPTING 1987 ASSESSMENT WHEREAS, pursuant to Minnesota Statute No. 274.01, and WHEREAS, the Board of Review met, NOW, THEREFORE, BE IT RESOLVED, that the 1987 assessment be accepted. AOOPTEO by the City Council of Eden Prairie this 2nd day of June 1987. Gary 0. Peterson, President Board of Review ATTEST: John 0. Frane, City Clerk AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, JUNE 2, 1987 IMMEDIATELY FOLLOWING BOARD OF REVIEW MEETING, CITY HALL COUNCIL CHAMBERS, 7600 Executive Drive COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Linda Jacobson I. APPROVAL OF AGENDA AND OTHER ITEMS DF BUSINESS II. MINUTES DF CITY COUNCIL MEETING HELD TUESDAY, MAY 5z 1987 Page 1185 III. CONSENT CALENDAR A. Clerk's License List Page 1211 B. BRYANT POINTE by Jyland Development, Inc. 2nd Reading of Page 1212 Ordinance No. 19-87, Rezoning from Rural to R1-13.5; Approval of Developer's Agreement for Bryant Pointe; and Adoption of Resolution No. 87-130, Authorizing Summary of Ordinance No. 19-87, Authorizing Summary of Ordinance No. 19-87 and Ordering Publication of Said Summary. 20.7 acres into 28 single family lots. Location: Southeast corner of Hennepin County Highway 62 and Rowland Road. C. Final Plat Approval for Bryant Pointe (S.E. Corner of Rowland Page 1219 Road and CSAH 62 Resolution No133 D. Approve Bid for Sidewalk/Trail Sweeper Page 1222 E. Resolution adding streets to the Municipal State-Aid Route Page 1228 ystem MSAS) Resolution No. 87-127 F. Final Plat Approval for J b L Addition (South of Blossom Road, Page 1229 east of Bennett Placer Resolution No. 87-134 G. Receive petition and adopt Resolution re uestin speed study page 1232 on Rowland Road (Resolution No. 87-135)�� H. Receive petition for drainage improvements for the area south Page 1237 of CSAH 1 and West of CSAH 18 and authorize preparation of a feasibility study, I.C. 52-ID-Resolution No. 87-136) I. Approve plans and specifications for Shady Oak Ridge Utilities Page 1239 Iff and authorize bids to be received, I.C.. 52-119 (Resolution No. 87-137) City Council Agenda - 2 - Tues.,June 2, 1987 J. Approve Plans and Specifications for Bennett Place :C. Page 1240 Blossom Road Street and Utility Im rovements, I.C. 105, and Authorize Bids to be Received Resolution No. 843) K. Approve Plans and Specifications for NemecKnolls 52-121, and Sunnybrook Road Street and Utility Improvements (west of Page 1241 Homeward Hills Road), I.C. 52-109, and Authorize Bids to be Received rffeTilution No. 87-139) L. Resolution No. 87-147, Approving Final 1986 City Budget Page 1242 IV. PUBLIC HEARINGS A. BLOSSOM RIDGE ADDITION by G. W. Pearson. Request for Zoning Page 864 & District Change from R1-22 to R1-13.5 on 3.07 acres, 1243 Preliminary Plat of 3.07 acres into 5 single family lots and road right-of-way. Location: South of Blossom Road, east of Bennett Place. (Ordinance No. 15-87 - Rezoning; Resolution No. 87-86 - Preliminary Plat) Continued from April 21, 1987 B. THE RIDGE 3RD ADDITION by Dirlam Development. Request for Page 1253 wing District Change from Rural to R1-13.5 on 3 acres, and from R1-22 to R1-13.5 on 3.36 acres, with variances to be reviewed by the Board of Appeals, Preliminary Plat of 24.1 acres into 13 single family lots, 1 outlot, and road right-of-way. Location: North of Highway #5, south of Eileen Street, west of Kilmer Avenue. (Ordinance No. 25-87 - Rezoning; Resolution No. 87-112 - Preliminary Plat) C. JAY WALLACE ADDITION by Jay Wallace. Request for Zoning District Page 1263 Change from Rural to R1-13.5 on 1.23 acres, Preliminary Plat of 1.43 acres into 2 single family lots and road right-of-way. Location: East of Franlo Road, north of Laurel Drive. (Ordinance No. 26-87 - Rezoning; Resolution No. 87-131 - Preliminary Plat) D. PRAIRIE BLUFF SUBDIVISION by Cardarelle & Associates, Inc. Page 1271 Request for Zoning District Change from Rural to R1-13.5 on approximately 7.4 acres and Preliminary Plat of B.5 acres into 17 single family lots, 2 outlots, and road right-of-way. Location: South of Pioneer Trail, west of County Road 18, east of Franlo Park. (Ordinance No. 27-B7 - Rezoning; Resolution No. 87-132 - Preliminary Plat) V. PAYMENT OF CLAIMS Page 1280 VI. ORDINANCES & RESOLUTIONS A. ANDERSON'S GARDEN SHOPPE by Oon C. and Rita L. Anderson, and Page 1288 H. J. Nyhammer. Request for Comprehensive Guide Plan Change from Low Density Residential to Neighborhood Commercial on 1.01 acres, Zoning District Change from C-Com to N-Com on 0.7 acres and from R1-22 to N-Com on 0.31 acres to be known as Lit' Red. Also Comprehensive Guide Plan Amendment from { Low Density Residential to Community Commercial on 1.27 acres and Zoning Oistrict Change from R1-22 to C-Com on 1.27 acres :y. City Council Agenda - 3 - Tues.,June 2, 1987 and from R1-22 to R1-13.5 on 1.86 acres, with variances to be reviewed by the Board of Appeals, and Preliminary Plat of 3.1 acres into 6 lots and road right-of-way to be known as Anderson's Garden Shoppe. (Lil' Red: Resolution No. 87-144 - Comprehensive Guide Plan Amendment to Neighborhood Commercial; Ordinance No. 28-87 - Rezoning to Neighborhood Commercial. Anderson's Garden Shoppe: Resolution No. 87-145 -Comprehensive Guide Plan Amendment to Community Commercial; Ordinance No. 29-87 - Rezoning to Community Commercial; Resolution No. 87-146 - Preliminary Plat) VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Alton Lundgren, Eden Prairie Family Physicians, and Page 1293 surrounding neighborhood to appeal a decision of the Board.of Adjustments and Appeals, at the next regular scheduled ity Council meeting, regarding Variance Request #87-17. B. GOPHER LANE DIVISION by Patrick G. Bauer. Request for Page 1423 Preliminary Plat of approximately 1.5 acres into 3 single family lots. Location: West of Staring Lane. (Resolution No. 87-141 - Preliminary Plat) C. TIMBER CREEK WOODS 3RD ADDITION by Builders Development and Page 1426 Finance. Request for Preliminary Plat of 1.34 acres into 6 single family lots. Location: East of Mistral Lane and South Manor Road. (Resolution No. 87-142 - Preliminary Plat) VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager C. Report of City Attorney D. Report of Director of Planning E. Report of Director of Community Services F. Report of Director of Public Works 1. Joint Resolution with Bloomington regarding CSAH 18 Page 1429 Resolution No. 87-138) XI. NEW BUSINESS XII. ADJOURNMENT 1 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 5, 1987 7:30 P.M., CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning 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: Councilmember Harris was absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: X. A. 2. Peterson - Presentation on I-494 Corridor Study Report; X. B. 1. Lease Agreement with School District for old City Hall space. The following item was changed: III. D. Change "West" to "East". MOTION: Anderson moved, seconded by Bentley, to approve the Agenda and Other Items of Business, as amended and published. Motion carried unanimously. II. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, APRIL 21, 1987 MOTION: Bentley moved, seconded by Anderson, to approve the Minutes of the regular City Council meeting held on April 21, 1987, as published. Motion carried unanimously. III. CONSENT CALENDAR A. Clerk's License List B. DEER CREEK 2ND ADDITION, by Thomas M. Carmody. 2nd Reading of Ordinance #8-87-PUD-2-87, Rezoning Planned Unit Develop- ment District Review on 80 acres with variances and Zoning District Change from Rural to R1-9.5 on 10.5 acres; Approval of Developer's Agreement for Deer Creek 2nd Addition; and Adoption of Resolution #87-102, Authorizing City Council Minutes -2- May 5, 1987 Summary of Ordinance #8-87-PUD-2-87, and Ordering Publication of Said Summary. 12.6 acres into 31 single family lots and one outlot. Location: West of Anderson Lakes Parkway, east of Carmody Drive. (Ordinance #8-87-PUD- 2-87, Rezoning and PUD; Resolution 87-83 Authorizing Summary and Publication) C. CARDINAL RIDGE, by Countryside Investments, Inc. 2nd Reading of Ordinance #16-87-PUD-3-87, Planned Unit Development District Review, with Zoning from Rural to R1-13.5 with variances on 23.1 acres; Approval of Developer's Agreement for Cardinal Ridge; and Adoption of Resolution #87-80, Authorizing Summary of Ordinance #16-87-PUD-3-87 and Ordering Publication of Said Summary. 23.1 acres into 37 single family lots and road right-of-way. Location: East of Baker Road and Edenvale Boulevard intersection, west of Interstate I-494. (Ordinance #16-87-PUD-3-87, Rezoning and PUD; Resolution #87-80, Authorizing Summary and Publication) D. Final Plat Approval for The Tree Farm (South of CSAH 1, East of TH 169) Resolution No. 87-109 E. Final Plat Approval for Welter's Purgatory Acres 2nd (North of CSAH 1, West of Bennett Place) Resolution No. 87-107 F. Final Plat Approval for Deer Creek II (Extension of Carmody Drive, West of Anderson Lakes Parkway) Resolution No. 87-108 G. Receive 100% Petition for Public Improvements for Nemec Knolls and Order Preparation of Plans and Specifications, I. C. 52-121 (Resolution No. 87-110) H. Authorize Conveyance of Right-of-Way for Baker Road Project to Hennepin County I. Adopt Resolution Requesting Speed Study for CSAH 1 between CSAH 18 and TH 169 (Resolution No. 87-ill) J. 2nd Reading of Ordinance No. 14-87, Regulating the Posses- sion, Service and Consumption of Liquor, Beer Kegs, Beer and Wine in Public Parks MOTION: Bentley moved, seconded by Anderson, to approve Items A - C, corrected Item D, and Items E - J on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. FEASIBILITY STUDY FOR STREET AND UTILITY IMPROVEMENTS IN PRAIRIE VIEW AND ST. ANDREW DRIVE, I.C. 52-104 (Resolution No. 87-92) Continued from April 21, 1987 City Council Minutes -3- May 5, 1987 City Manager Jullie noted that this item was continued from the April 21st meeting because of concern over the notification process for the Public Hearing. Director of Public Works Dietz reviewed the details of the project and the proposed method of assessment. Tom Schramm, 7151 Prairie View Drive, distributed a statement objecting to the project. (Attachment A) He said he objects to the proposed cost of the project rather than the project itself. He reviewed the details of his objection to the proposed assessments. Bentley noted that the cost of the proposed assessment is based upon actual construction costs, and that the purpose of proceeding to this point has been to answer the peti- tion from the neighborhood. He commented that, if the project does not go ahead, it will become more expensive down the line. Pidcock asked City Attorney Pauly how we justify this kind of assessment. Pauly said the assessment cannot exceed the benefit to the property, as determined by the market value prior to the assessment and the market value after the assessment. Pidcock then asked if the average value of property in this project would be increased by $13,000. Dietz said his experience with similar assessments indicates that the assessment would probably stand the test; however, the City would have to pay the excess, to the extent that the value is not increased sufficiently. A discussion followed regarding assessments and lot values in other areas of the City. I. Anderson asked if we have any basis for comparing lot prices in adjacent subdivisions. Dietz said Steve Sinell researched property in this project and reported the average to be currently at $19-20,000 for the lots. He said there are no lots available for that price in Eden Prairie now; in fact there are none under $35,000. He noted the lots in this project are larger than the typical lots currently for sale and that also contributes to the expense of this project. Greg Joachim, 7298 Prairie View Drive, said he was not in favor of the project because of the cost, and noted that he was sure the value of his house would not increase by $13,000 as a result of completing this project. Dick Olson, 7275 Prairie View Drive, said he was in favor of the project and did not believe that the costs are out of line. I City Council Minutes -4- May 5, 1987 1 Mike Gust, 7280 Prairie View Drive, said he is in favor of the project because the wells for Eden Prairie are located in this area and he is concerned about the effect of the City wells on the residents' wells. As a point of clarification, Bentley noted that the assess- ments indicated here are proposed assessments and the actual assessments will be levied based on the actual construction costs at an Assessment Hearing in the fall 4 of 1988. At that point if it were challenged and the City could not prove that the actual costs benefited the property to the extent of the assessment, then the amount of the assessment would have to be modified accordingly. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 87-92 ordering preparation of plans and specifications for I.C. 52-104, Prairie View Drive and St. Andrew Drive utility and street improvements. Pidcock noted that if this motion passes, the pending assessments against these houses will be $26,000 and that amount will have to be put in escrow should the property be sold. Bentley said he had asked for a discussion of that issue later this evening. Pidcock said she thought the project should go through, but she thought it is unfortunate that this kind of pending assessment is levied against the property for those who may have to move. Anderson asked if the construction costs are coming in close to bid. Dietz said it appears most are coming in at or a little less than estimated. Anderson then said a major concern at this time is the possibility of in- creased interest rates if the project is delayed a couple of years. Pauly pointed out that this project would require a 4/5 vote of the Council for approval since it was not petitioned for by 35% or more of the adjoining property owners. Pidcock asked if there is some way we can alleviate this in case of hardship. Peterson said he was going to suggest we ask Staff to prepare a policy statement rela- tive to such projects in existing residential areas so that these issues don't have to be debated at every hearing. He said he thought it was important for the Council to be sensitive to the residents' concerns, and he would like to find ways of equalizing or alleviating hardship cases. City Council Minutes -5- May 5, 1987 Pidcock noted that a deferment wouldn't do any good in alleviating this hardship. VOTE ON THE MOTION: Motion carried unanimously. The consensus was to direct Staff to begin work on some policies for assessments in existing areas for consider- ation at a future Council meeting. B. FEASIBILITY STUDY FOR SUNNYBROOK ROAD AND UTILITY IMPROVE- MENTS, I.C. 52-109 (Resolution No. 87-68) City Manager Jullie stated notice of this Public Hearing was published in the April 21 and April 28, 1987 issues of the Eden Prairie News. Director of Public Works Dietz said this project came up as the result of a proposed subdivision called Meadowpark III. He said the developer of the property submitted a petition for utilities and streets along the southern boundary of that project. He said the improvements include street paving, concrete curb and gutter, a minimal amount of storm sewer improvements, water and sanitary sewer. The estimated cost is $116,000. He said the City would pay a share for the street improvements along the park property. He described the proposed method of assessment. Construction would probably begin in July with substantial completion yet this year. Pidcock asked why 17 years is used as the assessment period. Dietz responded that when the process of assessing special assessments was begun several years ago, that was the most favorable length of time to get good rates on the bonds and also to give homeowners time to pay it off. He said Finance Director Frane would be the one who could review that and decide if it is still the best length of time. Peterson noted that Mr. Frane probably does regularly re- view that time period. Dietz said it is a compromise situation to keep costs low while giving property owners time to pay it off. He said the range of 15-20 years is typical in metropolitan areas. There were no comments from the audience. MOTION: Bentley moved, seconded by Pidcock, to close the Public Hearing and to adopt Resolution No. 87-68, ordering preparation of plans and specifications for I.C. 52-109, Sunnybrook Road road and utility improvements. Motion carried unanimously. 4 City Council Minutes -6- May 5, 1987 nk Pidcock said she would like to request that Mr. Frane check into the question of the time period for amortiza- tion of the assessments. C. EASEMENT VACATION, WILLOW CREEK 2ND ADDITION (Resolution No. 87-113) City Manager Jullie stated notice of this Public Hearing was published in the April 15, 1987 issue of the Eden Prairie News. He noted that this is essentially a house- keeping item. There were no comments from the audience. MOTION: Bentley moved, seconded by Pidcock, to close the Public Hearing and to adopt Resolution No. 87-113, vaca- tion of drainage and utility easement in Willow Creek 2nd Addition. Motion carried unanimously. D. ANDERSON'S GARDEN SHOPPE, by Don C. and Rita L. Anderson and H. J. Nyhammer. Request for Comprehensive Guide Plan Change from Low Density Residential to Community Commercial on 2.2 acres, Zoning District change from R1-22 to C- Commercial on 1.6 and from R1-22 to R1-13.5 on 1.86 acres, with variances to be reviewed by the Board of Appeals, and Preliminary Plat of 3.1 acres into six lots and road right- of-way. Location: Southeast corner of County Road #4 and Valley View Road, west of Westgate Lane. MOTION: Bentley moved, seconded by Anderson, to continue this item to the May 19th meeting of the City Council. Motion carried unanimously. E. LUNDS CENTER, by Commercial Partners, Inc. Request for Zoning District Change from Rural to C-Reg-Ser on 6.1 acres with variances to be reviewed by Board of Appeals, Preliminary Platting of 6.1 acres into one lot and road right-of-way for construction of 58,108 square feet of commercial uses. Location: Southeast corner of Franlo Road and Prairie Center Drive. (Ordinance #17-87, Rezoning from Rural to C-Reg-Ser; Resolution #87-102, Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. David Shea, representing proponent, addressed the proposal. Jim Benshoof, representing Benshoof & Associates, reviewed the details of the traffic study conducted for the project. City Council Minutes -7- May 5, 1987 Planning Director Enger said this item was reviewed by the Planning Commission at the March 9 and April 13, 1987 meetings. The Planning Commission recommended approval with modifications, subject to the recommendations of the Staff Reports of March 6th and April 10th. One of those recom- mendations was to bring the project into conformance with the City's Floor Area Ratio (F.A.R.) maximums. He said the project as it stands has a F.A.R. of .21, while the maximum is .20; thus the project would have to go to the Board of Appeals if it is approved as it stands. Enger said the Planning Commission is recommending against the variance because there is essentially no hardship created and there is a potential traffic problem with the project. He reviewed the implications of the increased traffic volume from this project to the overall plan for traffic management in the Major Center Area. Enger noted that there is not a lot of space to provide transition between this project and the expected develop- ment to the south. The developer has proposed to do the transition with a grade change and landscaping. He noted that the Parks, Recreation & Natural Resources Commission did not review this, but there would be a requirement for a five-foot concrete sidewalk along the south side of Anderson Lakes Parkway with a connection to the shopping center and to the grocery store. Relative to the results of the traffic study, Pidcock asked if any consideration had been given to constructing an overpass at the intersection of Hwy. 169 and Prairie Center Drive. Enger said that had not been given serious thought but it would solve a lot of problems caused by the signal at that intersection. Dietz said we have restricted land area in that area and would need signifi- cantly larger amounts of land to provide such an inter- change. Peterson asked Pidcock how that relates to this particu- lar project. Pidcock responded that this project is part of the development of that area and as such will add to the already large volume of traffic on Prairie Center Drive. Peterson then noted that this proposal does not require any interchange improvement except at Franlo Road. Pidcock said the traffic report includes the intersection of Hwy. 169 and Prairie Center Drive and the project is within the Major Center Area. Peterson said there is no recommendation from Benshoof & Associates to improve or upgrade that intersection. City Council Minutes -8- May 5, 1987 Bentley noted that this intersection is not presently operating at a Level F situation and, further, he believes that any improvements to that intersection should be gener- ated by the State of Minnesota. A discussion followed regarding traffic levels at that intersection and on Prairie Center Drive. Bentley asked where the loading area for the smaller build- ing is on the project. Shea said the drug store would have its own area inside the building and the others would be served by the side door or through the front. Bentley noted that traditionally this type of facility is serviced by a rear service entrance and asked how they intend to screen the delivery trucks to keep them from becoming a problem to the neighbors on the east and south. Shea said there is a fence planned to extend along the entire south side from the building along the back of Lunds, and the deliveries to the smaller building would be of short duration. Bentley asked what would happen if the drug store or one of the adjoining stores becomes a hardware store or some ( other use that would require heavier deliveries. Shea said those stores would have to be rented by "high-ticket" types of stores in order to be profitable. Bentley said this configuration doesn't allow for screening from the parking lot and the roadways. He then asked Shea if they would be willing to enter into restrictive cove- nants as to the types of uses that would be allowed. Shea said that could be discussed with the developer. Bentley said he had the impression that there would be some indication from the developer tonight that they had acquired additional land in order to bring the project into conformity with the maximum F.A.R. or, alternatively, that they proposed a voluntary reduction of the structure's size. He asked what would happen to the project if it is approved contingent upon a .20 F.A.R. Shea said this would require the developer to go back to Lunds to discuss the additional cost and to determine whether the project would still be feasible. Bentley said his personal feeling is that the Floor Area Ratio should not be used as a means of controlling traffic in the Major Center Area. He said he doesn't have a big problem with a .21 F.A.R. versus the .20 maximum F.A.R. 1 Pidcock asked about ownership of the property. Shea said the developer will own the property and Lunds would rent from him. Pidcock asked who will operate the drug store. City Council Minutes -9- May 5, 1987 I Shea said he was not sure who that will be. Pidcock noted that she was still upset about the traffic situation in the area. She said she would like to get more information from Staff as to what the plans are for both Prairie Center Drive and Hwy. 169. Enger said BRW's suggestion would be for double left turn lanes and lenthen- ing out of the free right turn lane. He said there are other intersections in the Major Center Area that will reach a level of F. Dietz said there is a later agenda item asking for approval to upgrade the traffic report which would prioritize some of the improvements, generate some budget numbers and develop a proposed capital improvement project for the intersections in the area. Anderson asked how the property to the south is guided or zoned. Enger said it is guided high-density residential. Anderson said that would mean the buildings would probably be more than one story. He then asked what the view of this project would be from the top level of such a building. Enger said you would see the back of the store, the roof and the parking lot area. Anderson then said that would mean that any berming would not be of any avail to people on the 2nd or 3rd floor of an adjoining building. Anderson asked if it would be possible to get more trees or spread them out more in the parking lot area. Enger responded that the developer has expressed a concern about the recent City change in the parking ordinance and that Staff has indicated that this is an ideal situation in which to designate certain areas of the parking lot to be landscaped rather than black-topped until such time as additional parking space is needed. Bentley said there are two intersections that are directly impacted by this proposal--Prairie Center Drive and Preserve Boulevard, and Franlo Road and Preserve Boulevard. He asked what could be done at those intersections to miti- gate the impact. Dietz said proponent was aware of the requirement to upgrade Franlo Road and Prairie Center Drive as that will be the major access point. He said they will probably do a Feasibility Study to improve all of Franlo Road. Bentley said there is no protected left turn lane from Preserve Blvd. to Franlo Road. Dietz said the ultimate intersection improvement there includes a left-turn lane at that point. Dietz said Preserve Blvd. is a candidate for future signalization. City Council Minutes -10- May 5, 1987 There were no comments from the audience. MOTION: Pidcock moved, seconded by Bentley, to close the Public Hearing and to give 1st Reading of Ordinance No. 17-87 for rezoning from Rural to C-Reg-Service on 6.1 acres. Motion carried unanimously. MOTION: Pidcock moved, seconded by Bentley, to direct Staff to prepare a Developer's Agreement incorporating Planning Commission and Staff recommendations. Bentley said he would like further discussion as to whether the Council should give some direction to the Board of Appeals on the F.A.R. issue. VOTE ON THE MOTION: Motion carried unanimously. MOTION: Bentley moved, as a direction to the Board of Appeals & Adjustments, to state that the Council is not opposed to the .21 F.A.R. on this particular project. Motion died due to lack of a second. MOTION, Anderson moved, seconded by Pidcock, to recommend to the Board of Appeals & Adjustments that the .20 F.A.R. be maintained. Peterson said he thought it was important to demonstrate our commitment to traffic management in this area and that this is an appropriate statement of that commitment. Bentley reiterated his opposition to using Floor Area Ratio to control traffic in the M.C.A., and said we are going to have to find some other means of traffic control. VOTE ON THE MOTION: Motion carried with Bentley voting "No. F. EDEN PRAIRIE ENTERTAINMENT CENTER, by Brody Associates, Inc. Request for Planned Unit Development Concept Amendment on 15.2 acres, Planned Unit Development District Review with variances on 15.2 acres with Zoning District Change from Rural to C-Reg-Service on 1.42 acres and Zoning District Amendment within the C-Reg-Service District on 5.0 acres, and Preliminary Plat of 6.42 acres into one lot for con- struction of a theater/restaurant complex. Location: Southwest quadrant of Eden Road and Glen Lane. (Resolution #87-103, PUD Concept Amendment of Eden Glen PUD; Ordinance #18-87-PUD-4-87, Rezoning from Rural to C-Reg-Ser and Zoning District Amendment within C-Reg-Ser District and PUD District Review; Resolution #87-104, Preliminary Plat) i 1 ICity Council Minutes -11- May 5, 1987 City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Steve Hitchcock, representing proponent, addressed the proposal. Planning Director Enger said this item was reviewed by the Planning Commission on March 23rd and again on April 13th. He said the unresolved issue between the two meetings was a question of adequate parking on the site. After the developer revised his plans to provide additional parking, the Commission recommended approval on a 7-0 vote of the request for rezoning and PUD review variance for setback, subject to the recommendations of the Staff Reports of April 10 and April 24, 1987. Enger said they would like to add a recommendation at this time to have proponent provide a sight-line study of the central access point to Eden Road as it will be after modification. He said that it would be important to preserve that access to the project if possible; how- k ever, they are concerned about the sight line distances. Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission reviewed this item on April 20th and recommended approval per the recommendations of the Planning Commission and Staff. Anderson said he was concerned about this project generat- ing more pedestrian traffic, particularly young people who will be crossing Hwy. 169 to get to the theatre com- plex. He asked if we have sidewalks or trails on both sides of the road there. Enger responded that there would be a sidewalk on both sides of Glen Lane and there is now a sidewalk along the north side of Eden Road that they anticipate to be ex- tended along the north and west side of Eden Road. He said there is a problem with constructing one on the south and east side of Eden Road because of the retaining wall near the oak trees. Anderson said he was very concerned about how pedestrians will get across Hwy. 169 from the main shopping center, as it is very unsafe at this time. Enger said they would check into the situation. There were no comments from the audience. City Council Minutes -12- May 5, 1987 MOTION: Anderson moved, seconded by Pidcock, to close the Public Hearing and to adopt Resolution No. 87-103, approving the Eden Prairie Entertainment Center PUD Concept Amendment to the overall Eden Glen PUD. Motion carried unanimously. MOTION: Anderson moved, seconded by Bentley, to give 1st Reading of Ordinance No. 18-87-PUD-4-87 for rezoning and Zoning District Amendment and PUD District Review. Motion carried unanimously. MOTION: Anderson moved, seconded by Pidcock, to adopt Resolution No. 87-104, approving the Preliminary Plat of Eden Prairie Entertainment Center for Brody Associates, Inc. Motion carried unanimously. MOTION: Anderson moved, seconded by Pidcock, to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations and with the addi- tional requirement that proponent provide the sight-line study outlined by Mr. Enger. Motion carried unanimously. G. BRYANT POINTE, by Jyland Development, Inc. Request for Zoning District Change from Rural to R1-13.5 on 20.7 acres, and Preliminary Plat of 20.7 acres into 28 single family lots and road right-of-way. Location: Southeast corner of Hennepin County Highway #62 and Rowland Road. (Ordinance #19-87, Rezoning: Resolution #87-105, Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project had been notified. Jerry Hauer, representing proponent, addressed the proposal. Planning Director Enger said the Planning Commission re- viewed this item at the April 13, 1987 meeting and recommended approval of the request for rezoning and Preliminary Plat on a 5-0 vote, subject to the recom- mendations of the Staff Report of April 10th. He reviewed the City's tree replacement policy and how it relates to the replacement of trees on this project. Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission reviewed this item on April 20th and recommended approval per the recommendations of the Planning Commission and Staff. p Since that meeting Staff has decided to recommend a side- ( walk in this development to allow pedestrian access to the neighborhood park without crossing Rowland Road twice. City Council Minutes -13- May 5, 1987 He pointed out the proposed location of the sidewalk and said that proponent has agreed to that. Peterson asked if Staff had a response to the developer's question regarding future credit if some of the trees scheduled for removal are not removed. Enger said Staff agrees with that, and it would be worked out in the regular course of administration of the tree replacement policy. Peterson asked what length of time proponent expects for the development process. Bob Carlson, proponent, res- ponded that the time frame should be approximately three years, assuming ten homes per year. Director of Public Works Dietz said a Feasibility Study for the upgrade of Rowland Road was performed in 1983. He said the approval of this project and the ghosting of the Dean Holasek property provide a good idea of what will be happening in this area. The Park Reserve District is proposing to fund their share of the upgrade. He said the Council may want to request that the Feasibility Study be upgraded for review sometime this year. Pidcock asked if this project is in the Hopkins School District. Carlson said it is. Anderson said he would like to see if it would be possible to move the trees on the property to other locations rather than knocking them down. He asked what the plans are for the roofs of the homes, as this area is very visible from many different areas. He said he was also concerned about the plans for pathways or sidewalks along Rowland Road from the bridge over the Crosstown up to the park. Lambert said there is no planned trail or sidewalk within the right-of-way along Rowland Road because of the very difficult terrain in that area and because there is a trail through the park that is parallel to Rowland Road. Ander- son said he understood the entrance to the park is going to be changed and asked if there will be safe access for pedestrians who will be going into the park. Lambert said we could propose to the County to provide access across from the entrance to this subdivision and from the entrance to Carmel. Mr. Carlson said there are about 650 hybrid 6-inch ash trees on the Holasek site that have to be thinned out, and they would like to transplant those onto their project because of the similar soil conditions. He said they also wanted to intersperse pine and spruce trees to provide a greater variety of species. He also said the minimum price for these homes will be $350,000, which should help to alleviate concerns about the appearance of the roofs. City Council Minutes -14- May 5, 1987 MOTION: Pidcock moved, seconded by Bentley, to close the Public Hearing and to give 1st Reading of Ordinance No. 19-87 for rezoning from Rural to R1-13.5 on 20.7 acres. Motion carried unanimously. MOTION: Pidcock moved, seconded by Bentley, to adopt Resolution No. 87-105, approving the Preliminary Plat of Bryant Point for Jyland Development, Inc. Motion carried unanimously. MOTION: Pidcock moved, seconded by Bentley, to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations and with the require- ment that a sidewalk be constructed through the develop- ment as outlined by Mr. Lambert. Motion carried unanimously. H. ALPINE ESTATES 2ND ADDITION, by R. M. Feerick Associates. Request for Zoning District Change from R1-22 to R1-13.5 on 8.4 acres, and Preliminary Plat of 8.4 acres into 14 single family lots and road right-of-way. Location: East of Alpine Trail, south of Chicago, Milwaukee & St. Paul Railroad. (Ordinance #20-87, Rezoning; Resolution #87-106, Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Richard Feerick, representing proponent, addressed the proposal. Planning Director Enger said the Planning Commission re- viewed this item at the April 13th meeting and recommended approval on a 5-0 vote, subject to the recommendations of the Staff Report of April 10, 1987. Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission reviewed this proposal on April 20th and recommended approval per the recommendations of the Planning Commission and Staff. Bentley noted that this has been a tough project for a long time but this item appears to have finally accomplished a successful development proposal. He asked if we can approve this project with 2nd Reading being contingent upon the preparation of a Feasibility Study for the sani- tary sewer improvements across the adjacent property. Jullie said he thought it would be possible to give 1st Reading to the zoning ordinance, conditioned upon the City Council Minutes -15- May 5, 1987 working out of the provision for sanitary sewer before 2nd Reading could occur. City Attorney Pauly said the resolution for the Preliminary Plat has a specific provi- sion that requires adequate sanitary sewer and a Preliminary Plat can be approved subject to conditions. If those conditions are not met, the Plat does not have to be approved. He said it would also be appropriate to add the condition to the rezoning ordinance. Bentley asked what is the statutory limitation between 1st and 2nd Reading. Pauly said it is 120 days. Bentley said the question would then be whether Staff can complete a Feasibility Study and we can schedule and complete the ordering of improvements within that timeframe. Feerick said there are certain questions that have to be answered so proponent realizes this will not be put in the ground this year. He said they will be submitting a petition tomorrow for all utilities and improvements. Pauly said the 120 days has to do with preliminary approval, and final approval is contingent on the proponent meeting all the conditions set up. Dwight Harvey, 16190 Alpine Way, said he would like to compliment Mr. Feerick on what he has done with a very complicated piece of property and on the way he has worked with the neighborhood. He said he was concerned about the assessment of property owners who are not benefitted by the sewer connection on this. He said Mr. John Anderson has no intention of developing his five acres of develop- able property in the near future, and he preserves the area as a natural wildlife area; therefore, he wanted to ask for deferral for Mr. Anderson's property until he develops it. Councilmember Anderson asked if a portion of this property is in the floodplain. Lambert said that was correct. Anderson asked if there will be dedication of that flood- plain area. Feerick said that issue has not been brought forth, but it has always been his practice to dedicate such areas if it makes reasonable use of the property and does not diminish the lot size. Councilmember Anderson noted that John Anderson has kept the majority of this floodplain area as a wildlife preserve and he hoped the developer of this project would consider giving this small portion of the floodplain area to the City. Mr. Feerick said they would agree to that. MOTION: Bentley moved, seconded by Pidcock, to close the Public Hearing and to give 1st Reading of Ordinance No. 20- '1 City Council Minutes -16- May 5, 1987 87 for rezoning from R1-22 to R1-13.5 on 8.36 acres, with the stipulation that 2nd Reading is conditioned upon the resolution of and adequate provision for utilities to this site. Motion carried unanimously. MOTION: Bentley moved, seconded by Pidcock, to adopt Resolution No. 87-106, approving the Preliminary Plat of Alpine Estates 2nd Addition for R. M. Feerick Associates, with the following stipulations: Final Plat to be contin- gent upon the resolution of and adequate provision for utilities to this site; submission of a tree inventory prior to Final Plat; and the Final Plat to show dedication of the floodplain area. Motion carried unanimously. MOTION: Bentley moved, seconded by Pidcock, to prepare a Developer's Agreement incorporating Commission and Staff recommendations from the Council tonight. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 34363 - 34569 MOTION: Bentley moved, seconded by Pidcock, to approve the Payment of Claims Nos. 34363 - 34569. Roll call vote: Ander- son, Bentley, Pidcock and Peterson voted "aye." Motion carried unanimously. VI. ORDINANCES & RESOLUTIONS There were none. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Receive Petition for Sanitary Sewer Improvements to Serve Alpine Estates 2nd Addition and Authorize Preparation of a Feasibility Study (Resolution No. 87-114) Director of Public Works Dietz said a petition had been i received from the proponent of the previous project for sanitary sewer improvements. He said that, technically, this is not a valid petition; therefore any resolutions would require a 4/5 vote of the Council. He also noted 1 that it will be a controversial project. Bentley noted that the issues of ultimate assessment or potential deferments are contingent upon the Feasibility Study and the Assessment Hearing after construction is completed. / Richard Feerick, representing proponent, said the request ( is being revised to include water and street improvements in addition to the sanitary sewer. 1 J City Council Minutes -17- May 5, 1987 IF Dietz said the petition that will be submitted for the water, storm sewer and street improvements would probably come to us as a 100% petition and thus would not require a Feasibility Study. MOTION: Bentley moved, seconded by Pidcock, to adopt Resolution No. 87-114, receiving petition and ordering Feasibility Report for I.C. 52-120, Sanitary Sewer for Alpine Estates 2nd Addition. Motion carried unanimously. VIII. REPORTS OF ADVISORY COMMISSIONS There were no reports. IX. APPOINTMENTS There were none. X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Discussion on City Policies Relating to Pending Special Assessments Bentley said his question deals with how the City policy relates to the requirements of the law relative to pending special assessments, how they appear on the deed of the property, and what the City staff's posi- tion is relative to those special assessments. He asked by what right does a pending assessment that has not legally been assessed by any governing body appear on a property deed to the point that would require a lending institution to escrow the amount of that pending assessment. City Manager Jullie said our policy has just evolved over the years. He said once the Council has ordered that an improvement be installed, Staff would indicate on the City's Special Assessment cards that this assess- ment is pending and there is a potential levy. The purpose of this has been to advise anyone who might do an assessment search before buying a piece of property. He said the problem of escrowing is a result of the lending institutions wanting to ensure that there is enough money at closing time to pay the assessments; and that is a requirement of the lending companies, not the City. Jullie said research by the City Attorney indicates there is nothing in the statutes that would require a City to City Council Minutes -18- May 5, 1987 1r indicate a pending assessment; however, he would strongly recommend that we continue this policy in order to allow the potential buyer to be informed of the potential assessment. Pidcock noted that she searches out this information each time she sells a property. She said at the time of closing the known taxes and the known special assessments are paid and an amount equal to 1-1/2 to 2 times the pending assessment is placed in an escrow fund. Peterson asked why the amount is 1-1/2 to 2 times the pending assessment. Pidcock replied there has evidently been a history of the pending assessment amounts not being adequate to cover the actual assessments. Bentley asked if this is done by all communities. Pidcock said to her knowledge all communities in the metropolitan area indicate pending assessments. City Attorney Pauly noted that a title examination would not reveal the pending assessments, so it is necessary for someone to inquire at the local govern- ment level to find out if there are any local improve- ments in process. Pidcock said every closer also automatically goes through before closing to check out the city for any pending assessments because there is a liability there. Dietz said Staff has set up a fund to allow residents to pay off a pending assessment for homesteaded prop- erties of the fixed $520 fee for trunk sewer and water in certain areas. Bentley said he had a problem with that and believes it is improper for us to collect money before that assessment has been officially levied. Dietz noted that this is done for the convenience of residents only, and we do not request that people pay it. A discussion followed regarding the legality of such a procedure, how the procedure had evolved, and the possibile future problems of such a procedure. Peterson said he thought the City simply accommodates people for their own convenience to clear up the title and it would be up to them to follow up in the future to see if the assessment was, in fact, levied. 2. Peterson - Presentation on I-494 Corridor Study Report ( Peterson noted that several weeks ago he reported that representatives of the Met Council and BRW were prepared 11 City Council Minutes -19- May 5, 1987 Ir to attend the May 19th Council meeting to provide a status report on the corridor study project. The presentation would take a minimum of 40 minutes, so 1 he suggested that it be scheduled before the regular Council meeting on May 19th. Pidcock said she would I not be able to attend. i ti Dietz noted that there will be a presentation at the 1 Edina Community Center tomorrow night. I The consensus was to defer this item and discuss it again on the 19th. . a B. Report of City Manager 1. Lease Agreement with School District for old City Hall space y Assistant to the City Manager Craig Dawson said the draft agreement for this is still with the attorneys; however, the School District wants to move ahead quickly in order to have its operation open by August 1st. Dawson said the School District has asked that the City 1 provide a loan for three years at 8% interest to do the remodeling work. He said the School District plans to review the draft agreement at their May 21st meeting; it could then be on the Council agenda for the first meeting in June. Pidcock asked whether anyone else was interested in renting this because she thought $4.00 per square foot plus a loan such as they are requesting was a pretty good deal. A discussion followed regarding the terms of the draft agreement. Anderson said he would like to get the going rate if 1 we are to be in the lending business. City Attorney Pauly said the concept here is not so much a loan as 1 it is our improving the building and amortizing the j costs of the improvements. A discussion followed re- garding the interest rate proposed. MOTION: Anderson moved, seconded by Bentley, to approve the concept of the lease agreement with the School District for space at the old City Hall. Pidcock said she has a problem with this as it doesn't seem right that the City lend funds which could be ( doing something better. She asked where the money was coming from. Jullie said it would come from the general fund reserve. )` l City Council Minutes -20- May 5, 1987 j Anderson said one of the reasons we are in this building today is that we worked out this agreement; and he believes the remodeling of the building is part of that. Peterson said this is an example of cooperation between the City and the School District, and Eden Prairie benefits from this cooperative atmosphere. VOTE ON THE MOTION: Motion carried with Pidcock abstaining. C. Report of City Attorney City Attorney Pauly said there had been contact with the attorneyfor the Met Council in the last few days requesting a continuance on the hearing for our motion for a temporary injunction. He said they reported receiving a report on the residue of ash from the Red Wing plant, and there are indications that the content of hazardous materials was greater than anticipated. He said that they may be going back to the E.R.C. and the Met Council to reconsider their action in rescinding the supplemental E.I.S. D. Report of Director of Planning There was no report. E. Report of Director of Community Services 1. Five-Year Capital Improvement Program Director of Community Services Lambert referred to his memo of April 30th, 1987 with the attached updated . Five-Year Capital Improvement Program for the Community Services Dept. and the Estimated Revenue for Capital Improvement Projects. He said this is updated on an annual basis, and those items listed for the year 1987 will come up before the Council sometime during the year. He said the requested action tonight would be for concept approval rather than single issue approval. He noted that this kind of plan is required as a part of applying for any State or Federal grant. Peterson asked what the big dollar amounts for the 1 Community Center represent. Lambert said this includes ! damage repair, a majority of which is expected to come from the lawsuit on this item. ( Peterson asked if the grant amounts listed are just hoped for items. Lambert said none of the grants are assured, but those projects would be eligible for Federal or State grants. 1-1 City Council Minutes -21- May 5, 1987 11 Anderson asked if we are presently applying for any grant money. Lambert said an application was submitted for a Lawcon grant for Riley Lake acquisition. Anderson then asked about the $250,000 in 1987 for the Purgatory Creek Recreation area. Lambert said the soils and water study should be completed in the next month, and he would expect to come back to the Council later with a request for authorization to begin ac- quiring the land for major access to that park. Anderson asked if we got a commitment from the Water- shed District. Lambert said the commitment was that they support the plan; however, we can formally ask for some funding if they have any available after their assistance on such projects as the Chain of Lakes. Anderson then asked if Lawcon grants would work for that area. Lambert said it would be eligible but probably would not rank very high. Bentley asked why this is separate from the entire City's capital improvement program. City Manager Jullie said they are working on the entire program; however, it is a lengthy process, and Mr. Lambert needs this now in order to comply with the grant applications. Bentley asked what is the impact if this is approved, and we come back with a bond referendum that excludes those items that would be taken care of by the capital improvement program. Lambert said there is about a half-million dollars in this program that was included on the recent bond referendum. Councilmember Pidcock left at 11:40 PM. Peterson asked what sort of long-term commitment this represents to the Council should a budget crisis arise in a couple of years. Lambert said this is a concept that is generally changed significantly on an annual basis. MOTION: Bentley moved, seconded by Anderson, to approve the concept of the Five-Year Capital Improvement Program for 1987-1992 for the Community Services Department, as outlined in the Staff memorandum of April 30, 1987. Motion carried unanimously. t F. Report of Director of Public Works 1r City Council Minutes -22- May 5, 1987 1. Authorize Update for MCA Traffic Study by BRW, Inc. Director of Public Works Dietz referred to the proposal from BRW of March 12, 1987, to update the traffic study of the Major Center Area. He said the update would be used to put together some priorities for traffic improvements that should be made with some budget figures for a capital improvements budget for the area. The update will cost about $26,000. Dietz said they are contemplating requiring that developers with new proposals for the MCA pay the cost to run their project through the BRW traffic model in order to see the effect of the proposal on the MCA traffic. He said that cost would average about $2100 per project. Peterson asked if any other consultants submitted a proposal on this. Dietz said BRW has put together the existing plan and has done most of the modeling work, so they were the only firm asked to bid. Bentley asked what the impact would be if the City were to alternately rotate between three consulting firms on a regular basis. Dietz said on a three-year basis you would lose some continuity, and it wouldn't work to ask them several times a year to plug a project into the model. Bentley said he thought BRW does the lion's share of the traffic studies in the City, and he thought there might be an advantage in the future to spreading out the business in order to provide different viewpoints over the long term. He said he would like to separate out the issue of the $2100 fee for running a project through the model, get more detail on the basis for that fee, and then deal with that issue at another time. Dietz said the $2100 is not a magic figure; rather the cost would be determined on an hourly basis and this was their estimated cost for an average development, based on a project worked on in the past. He said the actual cost would be time and material per project. Dietz noted that, if this arrangement is agreed upon, they were planning to ask BRW to not do any further work in the MCA. He said they have felt a lack of continuity before, and Staff believes this arrangement would provide that continuity. He said the developer would be free to hire another consultant for a compari- son study. Bentley noted that would mean the developer would pay for both studies. City Council Minutes -23- May 5, 1987 MOTION: Bentley moved, seconded by Anderson, to authorize the update to the regional center area traf- fic plan. Motion carried unanimously. XI. NEW BUSINESS Bentley said he had a serious concern about the traffic situa- tion at the intersection of Preserve Boulevard and Prairie Center Drive. He said he would like to proceed with a traffic analysis of that intersection before the BRW update is completed. MOTION: Bentley moved to direct Staff to make a study of the intersection of Preserve Blvd. and Prairie Center Drive to improve traffic conditions at that intersection. Motion died for lack of a second. Peterson noted that there are other ones that may be more problematic. He said he thought it would make more sense to ask BRW to do a very quick study of all of the affected inter- sections and then prioritize them. Anderson said he didn't want to pick specific intersections as he thought we have a better means of identifying problem ones. XII. ADJOURNMENT MOTION: Bentley moved, seconded by Anderson, to adjourn the meeting at 11:55 PM. (ATTACHMENT A) (:ITY SFIJFR AND WATER It is my understanding that for those of us in the process of selling our homes, we must escrow twice the amount of assessments (26,719.00 for most of us, or upto $131.422.00 for one unfortunate homeowner), untill the project is completed and paid for and we would not recieve any interest on that money. To pay for the special assessments we understand the amount l 1 can be added to our taxes, which would almost double them, at the 7dp rate of 10% over a 17 year period, the cost with interest is act- ually $21,400.00. And now with the new tax reform act we may be 1 • well advised to take out a second mortgage (if we have enough equity) 1, just to be able to deduct the interest. At First BanKs the going rate is 11% with a 15 year maximum, plus 3 points or $400.00 up frount. The total cost with interest is $27,617.00, and monthly payments of $153.43 a month, which is �. an unjust hardship on many of us. You the city coune 1 has a choice a to maKe for usr can we buy that new car, send our children to college, maKe home inprovements or pay $2,000.00 a year or $166.00 a month for the privilege of having city water and sewer that we do not need or want? And most of us do not have the extra money to spend or intend on selling our horse to pay for 30-50% of the expense. Does a total cost of $34,357.00 compaired to $5,000.00 in maintainence • t systems justify upto $6,750.00 in increased property .f our c�.irr_n. _. / value? 0 � jt Since 55Z of the projected cost of this project is for tearing • up a good street and replacing it, especially since the city had no • plans to replace the street within the next 10 years. I propose that we postpone this project until such time as the street needs replacing. • Then, when it is more economically feasible to do both projects we • should do them both. It maKes more sense to tear up a street that • needs repaving, not one that does not, when over half the cost is • • • for the street. • Some other concerns are the inadequacy of the current and future water system to Keep up with the current pace of development (as evidence by our watering bans), the problems of getting to our • homes with no detours possible on a deadend streets being torn up for a. year, the safety of our children around construction equipt • - ment, the dirt, ect. , Many of us will be forced to resod large • areas of our established lawns, repave entire driveways, and replace • trees and shrubs. • • According to numerous real estate agents familiar with our • neighborhood that I consulted with, and an authorized appraiser (Hal Chamberlain) their estimates of the increased property value due to sewer and water improvements range from; I. None, except a larger marKet to buy the house, and increased "curb appeal" 2. $4,000.00 at most • 3. 33% the cost on $4,450.00 4. Upto 50% of the cost or $6,750.00 Since none of these come close to increasing our property values • near what it will end up costing us ($34,357.00). 1 propose to abandon the project until the street needs repaving in 10-20yrs. 1 Another point brought up at the meeting we had with Mr. ❑eitz was the $1,000.00 credit. When most of our homes were built, we beg- ged to get city water and sewer, but were denied it when the cost would have only been about $3,000.00. The credit was one third the value of the assessment at that time and has not increased even though the cost has gone up over S10,000.00. 1f we recieved a comparable credit so that the cost to us would be about se,900.00, the project would seem slot more sensible. 1f the proposed project is approved tonight, we plan to oppose it in court, elections, or wherever possible. 17, O CITY OF EDEN PRAIRIE OE CLERK'S LICENSE APPLICATION LIST June 2, 1987 CONTRACTOR (MULTI-FAMILY & COMM.) HEATING & VENTILATING Buffets, Inc. B & C Heating & Air Conditioning Quality Homes, Inc. Eden Prairie Heating & Ventilating RCT Construction, Inc. Golden Valley Heating & Air Cond. Shelard Companies, Inc. Shelard Companies, Inc. Steiner Development Thermex Corporation Thompson Air Conditioning CONTRACTOR (1 & 2 FAMILY) Watertown Sheet Metal, Inc. A.A.G. Builders GAS FITTER Home Plus, Inc. Metropolitan Improvement Co. B & C Heating & Air Conditioning On The Level, Inc. Shelard Companies, Inc. Jon Rohs Construction Steinkraus Plumbing, Inc. Schmidgall Contracting Thermex Corporation Sunshine Construction Co. Sussel Corporation SEPTIC SYSTEMS PLUMBING Widmer, Inc. Krasen Plumbing & Heating John Scherer Plumbing WELL DRILLING Schlefsky Plumbing Standard Plumbing & Appliance Co. Don Stodola's Well Drilling Co. Steinkraus Plumbing, Inc. Valley Plumbing Company CIGARETTE Don Weld Plumbing Welter & Blaylock, Inc. W. Gordon Smith Co. Widmer Inc. TYPE B FOOD CANDY W. Gordon Smith Co. W. Gordon Smith Co. These licenses have been approved by the department heads responsible for the licensed activity. Pat Solie, Licensing 1211 Bryant Pointe CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 19-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be - removed from the Rural District and be placed in the R1-13.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph 8, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 2, 1987, entered into between Jyland Development, Inc., a Minnesota corporation, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its j. passage and publication. Prairie FIRST READ at a regular meeting of the City Council of the City of Eden publishedon attaeregulary of meeting,of987, and finally the City Council ofead saidand Citydooned ad ordeed then 2nd dayrof June, 1987. ATTEST: John D. Frane, City Cleric Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of EXHIBIT A Legal Oescription:( That part of the"N.rtheast Quarter of the Northwest Quarter of Section 2, Township 116, Range 22, lying easterly of the centerline of Rowland Road and north of a line drawn at right angles to the east line of said Northwest Quarter and from a point therein distant 1204.48 feet southerly, measured along said east line, from the northeast corner of said Northwest Quarter; EXCEPT that part thereof described as follows: G Commencing at the north quarter corner of said Section 2; thence west along the north line of said Section 2 to the south quarter corner of Section 35, Township 117, Range 22; thence North 86 degrees 55 minutes 50 seccncs West 233.69 feet; thence South 00 degrees 14 minutes East 406.5 feet; thence South 19 degrees 57 minutes 30 seconds West 310.20 feet; thence South 02 dgrees 43 minutes East 175.98 feet; thence South 19 degrees 28 minutes East 90.00 feet to the actual point of beginning of the tract of lane to be described; thence continuing South 19 degrees 28 minutes East 215 feet; thence North 64 degrees 03 minutes 30 seconds East 235.81 feet; thence North 19 degrees 28 minutes West 215 feet; thence Soutli 64 degrees 03 minutes 30 seconds West 235.81 feet to the actual point of beginning. ALSO EXCEPT that part which lies northerly of the following described line: Beginning at a point on the north line of the Northwest Quarter of said Section 2 distant 134.00 feet west of the northeast corner thereof; thence 1 southwesterly at an angle of 18 degrees with said north line for a distance 1 of 270.00 feet; thence deflect right at an angle of 18 degrees for a distance of 160.00 feet; thence deflect right at an angle of 42 degrees far a distance of 200.00 feet and there terminating. Bryant Pointe DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1987, by Jyland Development, Inc., a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from Rural to R1-13.5 on 20.7 acres and Preliminary Plat of 20.7 acres into 28 single family lots and road right-of-way, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the property;" NOW, THEREFORE, in consideration of the City adopting Ordinance #19-87, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall develop the property in conformance with the materials revised and dated April 20, 1987, reviewed and approved by the City Council on May 5, 1987, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. , Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Developer acknowledges that the property will benefit from any future improvements to Rowland Road adjacent to the property. Developer agrees that, prior to release of the final plat and prior to issuance of any permit for building on the property, Developer shall enter into a special assessment agreement with the City, for purposes of upgrading of Rowland Road. Developer further agrees to pay its fair share of the corresponding special assessments. 1 ,:i 4. Prior to release of the final plat by City, Developer agrees to submit to the Director of Community Services, and to receive the Director's approval of plans for a five-foot wide, five-inch thick concrete sidewalk along one side of Bryant Pointe Lane and along one side of Chasewood Drive, as depicted in Exhibit B, attached hereto. Upon approval by the Director of Community Services, Developer agrees to construct, or cause to be constructed, the sidewalk improvement listed above concurrent with street construction of Bryant Pointe Lane and Chasewood Drive on the property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 5. Prior to issuance of any building permit upon the property, Developer shall submit to the City Engineer, and receive the City Engineer's approval of plans for streets, sanitary sewer, water, storm sewer, and erosion control for the property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 6. Developer agrees to notify the City and the Watershed District at least 48 hours in advance of any grading, or tree removal, on the property. 7. Prior to issuance of any grading permit upon the property, Developer shall submit to the Director of Planning, and receive the Director's approval of, a tree replacement plan for 1,3BB caliper inches of trees which are planned to be removed from the property due to construction on said property as approved by City. Upon approval by the Director of Planning, Developer agrees to implement, or cause to be implemented, said tree replacement plan, in accordance with the tree replacement policy of the City, attached hereto as Exhibit D, and made a part hereof. B. Prior to issuance of any grading permit, Developer shall submit to the Director of Planning and receive the Director's approval of a tree inventory of those trees within 25 ft. outside of the construction area, which are not planned to be removed by construction on the property as approved by City, indicating the size, type, and location of all trees twelve (12) inches in diameter, or greater, at a level 4.5 feet above ground level. 9. Developer agrees to implement erosion control measures and adequate protective measures for areas to be preserved and areas where grading is not to occur, and to receive City approval of said measures. Developer agrees that said protective measures shall include, but not be limited to: A. Grading shall be confined to that area of the property within the construction limits. B. Snow fencing shall be placed at the construction limits within the wooded areas of the property prior to any grading upon the property. C. City shall perform an on-site inspection of said protective measures on the property by the City. Developer shall contact City for said inspection. Developer agrees that defects in materials and workmanship in the implementation of said measures shall then be determined by the City. D. Defects in materials or workmanship, if any, shall be corrected by Developer. Developer agrees to call City for reinspection of the implementation measures, and to receive approval by the City prior to issuance of the grading permit by the City. Approval of materials and workmanship may be subject to such conditions as the City may impose at the time of acceptance. 10. If any such trees are removed, damaged, or destroyed outside of the construction area, Developer agrees that prior to issuance of any building permit for the property, Developer shall: A. Submit to the Director of Planning, and receive the Director's approval of a reforestation plan for all trees removed, damaged, or destroyed outside of the construction area. Said plan shall indicate that the trees shall be replaced by similar tree species and that the trees used for reforestation shall be no less than six inches in diameter. The amount of trees to be replaced shall be determined by the Director of Planning, using a square inch per square inch basis, according to the area of the circle created by a cross sectional cut through the diameter of a tree as 1 measured 4.5 feet above the ground. B. Prepare and submit to the Director of Planning, and receive 1 the Director's approval of a written estimate of the costs i of the reforestation work to be completed. C. Submit a bond, or letter of credit, guaranteeing completion of all reforestation work as approved by the Director of Planning. Developer agrees that the amount of the bond, or letter of credit, shall be 150% of the approved estimated cost of implementation of all reforestation work and shall be in such form and contain such other provisions and terms as may be required by the Director of Planning. Upon approval by the Director of Planning, Developer shall implement, or cause to be implemented, those improvements listed above in said plans, as approved by the Director of Planning. Bryant Pointe CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-130 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 19-87 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 19-87 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 2nd day of June, 1987; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 19-87, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. 3. That said text shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type, as defined in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 19-87 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on June 2, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 1 Bryant Pointe iir CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 19-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This Ordinance allows rezoning of land located south of the Crosstown Highway #62, east of Rowland Road, from the Rural District to the R1-13.5 District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of 1987. (A full copy of the text of this Ordinance is available from the City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-133 A RESOLUTION APPROVING FINAL PLAT OF BRYANT POINTE WHEREAS, the plat of BRYANT POINTE 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 BRYANT POINTE is approved upon compliance With the recommendation of the City Engineer's report on this plat dated MAY 22, 1987. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on JUNE 2. 19B7. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk /, i4 CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor and City Council Members THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works / FROM: David L. Olson, Senior Engineering Technician DATE: May 22, 1987 SUBJECT: BRYANT POINTE PROPOSAL: Jayland Development has a requested City Council approval of the Final Plat for Bryant Pointe located east of Rowland Road, south of County Road 62 and west of Carmel 6th Addition. The proposed plat contains 20.7 acres to be divided into 28 single family residential lots and one outlot. Outlot A contains 0.06 acres, is intended to contain a permanent maintenance free subdivision sign and will be owned and maintainted by an owners association. HISTORY: The preliminary plat was approved by the City Council on May 5, 1987 per Resolution 87-105. Ordinance 19-87, zoning the property to R1-13.5, is scheduled for second reading by the City Council on June 2, 1987. The Developer's Agreement referred to within this report is scheduled for execution on June 2, 1987. VARIANCES: All variance requests must be processed through the Board of Appeals. No variances are being allowed through the Developer's Agreement. UTILITIES AND STREETS: Municipal utilities and streets will be installed, by the Developer, throughout the site in conformance with City Standards. A special assessment agreement, covering future costs for improvements to Rowland Road, must be executed prior to release of the plat. The Developer must coordinate the drafting of this agreement with the Director of Public Works. PARK DEDICATION: Park dedication shall conform to City Code requirements. i i J lir PAGE 2 BRYANT POINTE MAY 22, 1987 BONDING: Bonding for municipal improvements shall conform to City Code requirements. RECOMMENDATION: Recommendation approval of the final plat of Bryant Pointe subject to the requirements of this report, the Develoer's Agreement and the following: 1. Receipt of street sign fee in the amount of $1,183.00 2. Receipt of street lighting fee in the amount of $5,581.00 3. Receipt of engineering fee in the amount of $1,120.00 4. Satisfaction of bonding requirements 5. Execution of special assessment agreement for improvements to Rowland Road. DLO:ss cc: Jayland Development - Robert Carlson Paul Johnson - McCombs Knutson 2 �o20f Ilr MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission TRHU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services 1, DATE: May 26, 1987 SUBJECT: Approve Bid for Sidewalk/Trail Sweeper The City Council authorized up to $40,000 in the 1987 budget for acquisition of a sidewalk/trail sweeper. Specifications were advertised and bids received on Thursday, May 21, 1987. The City received one bid from the Tennant Company for a 365 sweeper at a price of $24,922.14. This sweeper meets all specifications. A copy of the proposal form, the bid bond, and specifications are attached to this memo. This sweeper will clean a 5' wide concrete sidewalk; therefore, the City will have the ability to clean all of the sidewalks and trails within the City with this piece of machinery. The Community Services Staff recommend approving the bid of $24,922.14 from Tennant for the purchase of a model 365 sweeper. BL:md CITY OFFICES/8950 EDEN PRAIRIE ROAO i EDEN PRAIRIE.MN 55344-2499/TELEPHONE 1612►937.2262 et IL City of Eden Prairie Specifications for Trail Sweeper SWEEPER: Self-propelled rider type. 60" sweeping path. ENGINE: Gasoline industrial type, cast iron cylinder block, rear mounted, water cooled, two stage dry heavy duty air cleaner. ELECTRICAL SYSTEM: 12 volt battery, color coded wiring. DRIVES: All hydraulic, case drains on drive motors with torque control fittings, one foot pedal drive system. SWEEPING SYSTEM: 48" main brush minimum made of 8 rows of high density nylon 14" diameter, rotary side brush 21" made of high density nylon. Sweep water of dry material without changing filters. STEERING: Power driven rear wheel steering. SAFETY: Shall be UL listed. HOOPER: 60" minimum dumping height with stabilizer bar to prevent tipping, travel speed reducer when hopper is raised, fire sensor in hopper, 15 cu. ft. minimum. GAUGES: Hour meter, volt meter, water temperature, oil pressure and fuel gauge. LIGHTS: Two headlights, two taillights with brake lights, side brush light and guage lights. MANUALS: Service and parts and operators manuals. OPTIONS: CAB: Pressurized, heater/defroster, all steel, safety glass, windshield wipers. VACUUM WAND: Used to reach in hard to get areas. I PROPOSAL FORM City Council City of Eden Prairie 7600 Executive Drive Minnesota 55344 Members of City Council: The undersigned has examined the specifications on file at the City offices pertaining to the TRAIL SWEEPER for the City of Eden Prairie, and hereby proposes to furnish the following in conformance with said specifications: One (1) Trail Sweeper $24,922.14 OR $22,311 60 Model 365 / Model 2 5 4.64A.." City Representative Authorizing Authorized Signature acceptance of bid Sales Coordinator Title Tennant Company Firm Name 701 N Lilac Drive Myjs MN 55472 Address 540-1548 /5-12 87 Phone Date " N mINSURANCEy COMPANY dly St.Paul,Minnesota ' Irsurance A Capital Stock Company t. BID BOND Approved by The American Institute of Architects, A.1.A.Document A 310 Feb.1970 Edition i KNOW ALL MEN BY THESE PRESENTS,that we TENNANT COMPANY ` as Principal.hereinafter called the Principal, 1 and the ST.PAUL FIRE AND MARINE INSURANCE COMPANY,a corporation duly organized under the laws of the State of Minnesota as Surety,hereinafter called the Surety,are held and firmly bound unto 1 i The City of Eden Prairie as Obligee,hereinafter called the Obligee, 11 in the sum of five per cent of the total amount hsd Dollars (S- - 51t- - - }for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for furnishing one Trail Sweeper NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the :; Principal to enter such contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may + in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. i ned and sealed this nineteenth day of May A.D. 19 dL , 'ti eidef/4 /� TENNAi1T 0MPANYl {// (Seal) //�./u/ (Principal) A. (Witness) y� / t. reit'e (Title) Vice President \\t St,and Fire and Marine the lance Company (Seal) _. cJ . , to. ty) (Witness) By 01:1.C/1✓1JC , Karen W. Keifer (Attorney-in.1 ) 13250 R.e.549 Printed in U.S.A. i Printed with permission of The Alerican Institute of Architects 365-18C-1 7/86 • • • SPECIFICATIONS FOR Equipped with: leTENNANT*MODEL 365 - Belt driven mechanical governor with mechanical • INDUSTRIAL POWER SWEEPER overspeed protection • Multi-Level Dump sealed crankcase system with full flow oil filter (47.5 HP•Gasoline or LP Gas) (cartridge type) • r••y„ - single-stage dry air cleaner with graduated 1" indicator � �` ti I ""'`� �f i' - cast iron cylinder block ..,._ . - hardened valve seats - ( I h r'•1 a.'. 1,fl - hour meter, volt meter, oil pressure and water '� . J ' 21 temperature gauge • s • � :_ or 1 [ t a 't ! - 10-gallon(38 liters)fuel tank with fuel gauge • • mil',A-. A4 r r, �k' .� can burn unleaded gas with a minimum of 85 • LP gas system(optional)at extra cost includes horizon • - • tal liquid withdrawal type,using a 33 pound(15 kg)ICC • y .4 tank, Rego fittings and Impco carburetion. U.L. a�. approved. ELECTRICAL SYSTEM: 12-volt battery, automotive lead acid type,color-coded wiring,circuit breakers and 1 51 amp alternator with sealed brushes. Heed, side • .1. • + brush and taillights with brake lights are standard.All gauges with lights. • • GENERAL INFORMATION HYDRAULICS: Premium quality hydraulic components provide a cooler operating system that extends system SWEEPING PATH:60 inches(1525 mm) life. / SWEEPING SPEED:0 to 8.5 mph(0 to 13.6 km/hr) Equipped with: TURNING RADIUS: 104" (2640 mm) radius to right - • Tilt-out hydraulic cooler for easy maintenance (vehicle circle) - Case drains on drive motor,main sweeping brush 77" (1955 mm) radius to left motor,and vacuum fan motor extend seal life(vehicle circle) • • U-turn to left in 118.5"(3010 mm) - End-ported brush drive motor reduces number of • DIMENSIONS:Length: 97"(2460 mm) brush connections,leaks 104" (2640 mm) (with LP - Wide band neutral centering of drive pedal elimi- bumper) nates machine creep 98.5" (2500 mm) (with HD bumper) - Pressurized hydraulic system provides positive 105.5" (2680 mm) (with LP flow topumps and a cleaner hydraulic system and HD bumper) Premium quality hydraulic hoses and fittings Width: 61.8" (1570 mm) (Including • • side brush) DRIVES: Propelling: Constant speed engine furnishes 58.3" (1480 mm) (side brush power to direct coupled variable displacement retracted) hydrauic pump. Pumppiston 61.3" (1560 mm) (with HD hydraulic motor that rives�drear wheel whichpropels bumpers) the machine. The drive system provides an infinitely Height: 81.6" (2075 mm) (with over- variable propelling speed. • head guard or cab) 55.0" (1400 mm) (less over- Sweeping Brushes:Main and side brush are hydrauli- head guard or cab) caily driven. WEIGHT: Net and shipping(with battery and standard Vacuum Fan:Hydraulically driven.brushes)3100 ib(1410 kg). MECHANICAL DATA • SWEEPING SYSTEM: II-SpeedTM direct throw system can be operated in two different positions.Saver speed is FRAME:High-strength rigid frame,reinforced at stress whiles boosterd for s speed sefornim rove to d types of debris points with 3"x 6"box construction around entire frame. debris. p pickup of light . ENGINE: (Gasoline and LP) Electric start. heavy duty BRUSH COMPARTMENT: Brush completely enclosed industrial type. 35 HP (26 kw) at governed speed of by heavy 3/16"(4.8 mm)sheet steel rigidly braced and 2400 rpm(47.5 HP(35.4 kw/hrl max. rating.98 cubic effectively sealed against dust leakage. Replaceable • inch displacement(t600 CC),4 cylinder 4 3600 RPM skirts seal the compartment to the floor. Dust sealed 4 cycle liquid cooled. access doors are provided on both sides. SIDE BRUSH: Rotary, disposable 21 Inch (535 mm) Braking - Foot pedal for hydraulic brakes and hand diameter from outer bristle ends. Standard bristle lever for mechanical parking brakes. material is polypropylene.Side brush is enclosed by a It rigid bumper that is retractable within the main frame. Two mechanical control levers: One mechanical lever Optional side brushes available in nylon and wire. controls main brush function, a second hand lever Brush can be raised and lowered from operator's controls side brush function. position. Electric rocker switches control the remaining func- tions,Ws- hopper raise/lower, dump door open/close,MAIN BRUSH:48" (1220 mm)tubular,one-piece posable unit with plastic core. 14" (355 mm)outside Theuum fan Inithf, panel ol'sr station i lud lighter diameter; new bristle length 3.56" (90 mm). Brush gauges meter,the operator's temperature,,on include hour installation or removal can be done in five minutes. meter,gauge.voltAtgauges wsr ve lights. oil pressurey-absor ing Entire brush is free floating for sweeping uneven sur- fuel Awl have lights. Energy-absorbing soft ride seat with arm rests is standard. faces.Brush can be raised or lowered from operator's position. SAFETY: The machine has a U.L. label which repre- FILTER AREA AND VACUUM CONTROL: Totally sents nationally recognized standards of safe con- enclosed filter system Includes a dust filter panel„to struction and design. provide a total filtering area of 110 aq. ft. (10.2 m`). TIRES: Front tires are 18"(460 mm) I.D. pneumatic, Filter system is mounted directly above and in a and rear tire is 21" (535 mm) O.D. pneumatic. Solid separate compartment from the dirt hopper. Perma- tires front and rear are optional at extra cost. FilterTM baffle located outside of filter compartment restricts amount of dust or moisture that reaches the STANDARD COLOR:White and blue-green panel filters. Filter airflow and brushes are automati • - cally shut off by a Thermo-Sentry"'sensor in case of OPTIONAL EQUIPMENT: OSHA approved overhead fire In the debris area.Filter is cleaned by an electric guard,pressurized cab, heater/defroster,flashing and shaker motor located on the clean side of the panel revolving lights (red, blue or amber lens). vacuum filter. Motor is controlled from operator's position. wand, fire extinguisher, protectoseal gas cap, sohd High volume 9-Inch diameter (229 mm) fan provides tires front and rear, heavy duty bumpers, heavy duty dust control engine air cleaner and LP gas. DEBRIS HOPPER: 16 cubic foot (.45 cu. m) hopper holds up to 1200 lbs (645 Kg) of debris. Hopper is HOW TO ORDER STANDARD MACHINE constructed of heavy sheet steel with spill resistant opening. Standard multi-level lift dumps hydraulically 'One TENNANT'Model 365 Industrial Power Sweeper" at any level up to 60 inches.Debris hopper can clear 1 600CC gasoline or LP engine(per Specification 365). / objects up to 3 3/4 inch(95 mm)above floor level and provides easy machine operation and efficient sweep- (Specify main brush and any optional equipment ing over uneven surfaces. A mechanical safety lock desired. Specifications are subject to change without arm is provided for protection when working around or notice.) under the hopper. Total height of hopper in raised position is 107.5"(2730 mm). TENNANT'MODEL 385 MAIN SWEEPING BRUSHES STEERING: Power steering unit controls the rear wheel to turn sweeper. Steering wheel Is 15" 57558 high density nylon (360 mm)with horn button.Steering wheel assembly 57557 high density wire and natural fiber may be tilted for operator comfort. 57556 polypropylene and wire 8 row 57555 polypropylene 8 row CONTROLS:Easily accessible,convenient and con- 57654 wire and natural fiber 8 row soiidated controls: 57553 nylon 8 row 57552 wire 8 row Propel-One foot pedal controls the rate of travel and direction,forward and reverse. Specifications subject to change without notice. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 87-127 A RESOLUTION ESTABLISHING A NEW PORTION TO MUNICIPAL STATE-AID ROUTE SYSTEM WITHIN THE CITY OF EDEN PRAIRIE WHEREAS, the City Council of the City of Eden Prairie has determined that the road hereinafter described should be designated as a Municipal State Aid street under the provisions of Minnesota Laws of 1959, Chapter 50D. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that the road described as follows to wit: Rowland Road between Beginning at the intersection of Shady Oak Road Shady Oak Road and (Hennepin County Road 6I) and Rowland Road North City Limit (approximately 0.54 miles South and 0.05 miles east of the Northwest corner of Section 1, Township 116, Range 22); thence westerly 0.1D miles; thence southwesterly O.D9 miles; thence westerly 0.10 miles; thence northwesterly 0.33 miles; thence westerly D.I2 miles; thence northerly 0.39 miles to the north line of Section 2, Township 116, Range 22 (approximately 0.64 miles east of the northeast corner thereof) a total of 1.13 miles and there terminating. Riley Lake Road between Beginning at Dell Road (MSAS No. 113) Dell Road and approximately D.55 miles North of Pioneer Trail West City Limit (Hennepin County Road I); thence westerly approximately 0.75 miles to the west line of Section 19, Township I16, Range 22 and there terminating. be, and hereby is established, located and designated a Municipal State Aid street of the City of Eden Prairie, subject to the approval of the Commissioner of the Department of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two (2) certified copies of this Resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said road, that same be constructed, improved and maintained as a Municipal State Aid street of the City of Eden Prairie. (Route number to be assigned by Mn/DOT). ADOPTED by the City Council on June 2, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk It CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-134 A RESOLUTION APPROVING FINAL PLAT OF J & L SUBDIVISION WHEREAS, the plat of J&L SUBDIVISION 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. Mat approval request for J&L SUBDIVISION is approved upon compliance with the recommendation of the City Engineer's report on this plat dated MAY 22, 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. ADOPTED by the City Council on JUNE 2, 1987. d4 Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: Jeffrey Johnson, Engineering Technician , ,, DATE: May 22, 1987 SUBJECT: J & L SUBDIVISION PROPOSAL: The Developer, Frank Carderelle, has requested City Council approval of the Final Plat of J & L Subdivision, a single family residential subdivision located south of Blossom Road, east of Bennett Place in the south 1/2 section 25. The plat contains 3.D9 acres to be divided into seven single family lots and street right-of-way for road purposes. HISTORY: The Preliminary Plat was approved by the City Council September 16, 19B6, per Resolution #B6-240. Second reading of Ordinance 47-B6, changing zoning from R1-22 to R1-13.5 was finally read and approved at the City Council meeting held October 21, 19B6. There is no Developer's Agreement pertaining to this subdivision. VARIANCES; A variance from the requirements of City Code 12.20, Subd. 2.A, waiving the six-month maximum time elapse between the approval date of the Preliminary Plat and filing of the Final Plat will be necessary. All other variance requests must be processed through the Board of Appeals. STREETS & UTILITIES: The Developer has submitted a petition and entered into a special assessment agreement for local improvements to Bennett Place and Blossom Road. The Developer has also submitted a 100% petition for the construction of Blossom Ridge. Prior to release of the Final Plat, Developer shall submit an engineer's estimate of costs for the improvements of Blossom Ridge and 5% of the estimate as a deposit to cover engineering design costs of the improvements. Because there is no Developer's Agreement, it will be necesary for the Developer to sign a waiver waiving the right to appeal the amount of the assessment for improvements made through the 100% petition. To eliminate duplication of street names, Blossom Ridge must be revised. { 1 ) PAGE 2 J & L SUBDIVISION MAY 22, 19B7 PARK DEDICATION; Park dedication will conform to the requirement of City Code. BONDING: Bonding shall conform to City Code requirements. RECOMMENDATION; Recommend approval of the Final Palt of J & L Subdivision subject to the requirements of this report, the City Code, and the following: 1. Receipt of street sign fee of $338.00 2. Receipt of street lighting fee of $1,126.00 3. Receipt of engineering fee of $280.00 4. Receipt of signed waiver waiving right to appeal amount of assessment from improvements made through the 100% petition for Blossom Ridge. 5. Revision to street name of Blossom Ridge. 6. Satisfaction of bonding requirements. JJ:ss cc: Frank Carderelle 2 !c J I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 87-135 RESOLUTION REQUESTING SPEED STUDY FOR ROWLAND ROAD WHEREAS, the City Council received a resolution from residents adjacent to Rowland Road which requests consideration for a reduced speed limit due to dangerous conditions on Rowland Road; WHEREAS, development along Rowland Road has resulted in an increased level of pedestrians and bicyclists along Rowland Road; and WHEREAS, Rowland Road functions as an access road to Bryant Lake Regional Park, which is an attraction to motorists that are unfamiliar with the road conditions. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the Minnesota Department of Transportation is hereby requested to initiate appropriate safety and speed studies for Rowland Road for its entire length within the corporate limits of Eden Prairie with the specific intent of recommending an overall lower speed limit and/or recommending appropriate advisory signage. ADOPTED by the Eden Prairie City Council on June 2, 1987. Mayor Gary D. Peterson ATTEST: SEAL John D. Frane, Clerk f+ ' \\ April 24. 1987 ENG.Oti(i111. Mr. Gene Dietz Director of Public Works EDEs pRpoE Eden Prairie City Offices 8950 Eden Prairie Road Eden Prairie, Minnesota Dear Mr. Dietz: This letter is in regards to our phone conversations concerning the conditions and safety of Rowland Road, Eden Prairie. If you were to travel Rowland Rd. west from Shady Oak Rd. toward Bryant Lake, you would notice the hazardous hills & curves. When traveling the speed limit of 30 mph you frequently are unable to see another car or pedestrian until you are right on top of them. You would be unable to stop quickly enough if there were ( pedestrians. bicyclists or other cars in your path. There are many children that ride their bikes on Rowland Rd. its only a matter of time before there is an accident. We encourage you and the City of Eden Prairie to take steps to help prevent such an accident. It would be horrible if nothing was done until there was a fatality. I'm requesting that a speed check and conditions report be done on Rowland Road. Reducing the speed limit to 25mph would make the road much safer. Failing that, a 3Omph ENFORCED sign would help along with 25mph curve signs, which you had suggested, and hill signs. As you know Rowland Rd leads to the entrance of Bryant Lake Park and also to the horse stables. The cars, buses, trucks and motorcycles that travel Rowland Rd are.nften traveling at speeds of 40 - 45 or 50mph;! In addition, there are no deer crossing signs, to warn drivers of the many deer that cross Rowland Rd from the Park Reserve. The area where we live has no speed limit signs. Fallbrook Road is the only entrance to the' entire area and there should be a speed limit sign put up - preferably 20mph. The cars, Mr. Gene Dietz Rowland Road Page 2 buses and trucks go any where from 30 to 40mph on our residential streets. We have 30 or more children in our area who walk and bike on Fallbrook all the time. Thank you for taking the time and consideration for the conditions and safety of our community. Sincerely, Joy Westenberg 6460 Fallbrook Road Eden Prairie, Mn. 944-5493 cot Carl Jullie City Manager iJ Signatures of other concerned neighbors ! NAME ADDRESS t ' tAl 1 4,riit.r--.111/ — i ce-4,4 r'-(- 6- 4 2, ric,i C 4.- ! . i •,...) //79,2 - +.1'.,_...z.e,,6?:, . 1 ,-,..,-, : _,... ..—t.. ,,,,-2.....,.-z //.5-/8- ,.,-.1,„..,..41. • .2. _ I //e / 7--., , L' ,./.. I I giC/Z be,F74,L-0 vo. 1 it,:rt ,),.,..c„. ,,,,, , ,,,,/,...,% II ( x-e':i•-e(:: LI '-44:t.cc VI t';', 7.--<--... // 75 °O111-'t' •- C.61/4 43){ C/(//< C'/' i Dirti,4) I A'u A7-4/776-21 /Alb/ ,/_ .,-vcay)-c- jo'clUcto CeL' -r /:i.z.2.1.4._ <2 4a...,„4„.„ //7r 7 ,‘9- 1 ./7 / • A Al //7.5.--- Zeuliz.,, tAy /c-cli • i I orA, ( ) 91- yot.t,d,LA.',.iy`L)0 • - i ' `-/-, );.. ,4•/-;,L_______ 84:i CO /2P/L.C-,.;{, , P--t.„-r.L7V i :/,-L,..A -c::" —"--• '' ' - - 7 / 'I - - • P '& 1 0 , A:1776 /.. 0(..eLl..1—,c_ -JAI •C • (..to,', , ,to_ „, IN, (.. - • 4 '-.4, D 1 ' vf\ c. 11 `7' -t: ir7r-i k\ritziLLJ-4- 1,4k , ,-..-1.10,...k ,, .„ /A ,-0 ( No,,,,,t; ,,,,,,6 V AL-e:i/-!...______ C,.--t,' —r..s.1:, C1 s) // V) . ,... I I ','6- 7 a.A...„'d ,,. • flit ur-3 3 Of oth4r r!onc-.1-711 e I • • NAME ADDRESS //6/5. Dthsimci.. 2dAn e:A1TOA \ (1, Jr, tu6,,,. Ea -. rieeek-, /Po( • , „r,d, o r.- if SO / /U/P-•-raii.te-e-d alatri-.43 7t3 fifle (1_ 7'ii,Y<41 • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 87-136 RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT WHEREAS, a petition has been received and it is proposed to make the following improvements: I.C. 52-123, Drainage improvements for the area South of CSAH 1 and West of CSAH 18 and assess the benefitted property for all or a portion of the cost of the improvements, pursuant to Minnesota Statues, Chapter 429. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study with the assistance of Hansen Thorp Pellinen Olson, and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvements. ADOPTEd by the Eden Prairie City Council on June 2, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John O. Frane, City Clerk CITY OF EDEN PRAIRIE, MINNESOTA - PETITION FOR LOCAL IMPROVEMENT To The Eden Prairie City Council: The undersigned property owners herein petition the Eden Prairie City Council to consider making the following described improvements(s): (General Location) Sanitary Sewer Watermain xx Storm Sewer County Road #18 and County Road #1 Street Paving Other • Street Address or Other Legal Description of Names of Petitioners Property to be Served (Must Be Property Owners) PRAIRIE BLUFF Storm Sewer Feasibility study in NE 1/4 "^e/ ' '� "°`"�T�s � -• • r•rank k . L rd re of NE 1/4, Sec. 36-116-22 - (For City Use) Date Received /04,1 13 ("57 Project No. Sz-/Z.3 Council Consideration e Jun {/ Z,f9B 7 J[ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-137 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer, with the assistance of RCM, Inc., has prepared plans and specifications for the following improvements to wit: I.C. 52-119, SHADY OAK RIDGE UTILITIES and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids shall be received until IO:DO A.M., July 1, 1987, at City Hall after which time they will be publically opened by the Deputy City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 7:30 P.M., Tuesday, July 7, 19B7 at the Eden Prairie City Hall, 7600 Executive Road, Eden Prairie. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on JUNE 2, I9B7 Gary D.Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk t 1 i' 9 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-143 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer, through RCM, Inc., has prepared plans and specifications for the following improvements to wit: I.C. 52-105, Bennett Place & Blossom Road Street and Utility Improvements and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids shall be received until 10:00 A.M., July 1, 1987, at City Hall after which time they will be publically opened by the Deputy City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 7:30 P.M., Tuesday, July 7, 1987 at the Eden Prairie City Hall, 7600 Executive Road, Eden Prairie. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on June 2, 1987 Gary D.Peterson, Mayor ATTEST: SEAL John 0. Frane, Clerk 1 /',O CITY DF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESDLUTION ND. 87-139 RESDLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer through Hansen Thorp Pellinen Olson has prepared plans and specifications for the following improvements to wit: I.C. 52-121, Nemec Knoll Street and Utility Improvements and, I.C. 52-109, Sunnybrook Road Street and Utility Improvements (West of Homeward Hills Road) and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and • specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids shall be received until 10:00 A.M. July 1, 1987, at City Hall after which time they will be publically opened by the Deputy City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 7:3D P.M., Tuesday, July 7, 1987 at the Eden Prairie City Hall, 760D Executive Road, Eden Prairie. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, • cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on June 2, 1987 Gary D.Peterson, Mayor ATTEST: SEAL • John D. Frane, Clerk 1 g q i TO: MAYOR 9,.: COUNCIL FROM: JOHN FRANE, FINANCE DIRECTOR DATE: MAY 29,1987 RE: 1986 BUDGET IT WAS A VERY GOOD YEAR. THE GENERAL FUND EXPENDITURES WERE $239,000 LESS THAN BUDGET AND REVENUES WERE $515,000 MORE THAN ANTICIPATED. THE LIQUOR STORES CONTRIBUTED S110,000 TO THE GENERAL FUND. ON THE DOWN SIDE SEWER FUND REVENUES WERE $200,000 LESS THAN EXPENSES; WE WILL HAVE TO ADJUSTS RATES BY ABOUT 15%. THESE RATES HAVE NOT BEEN ADJUSTED SINCE JANUARY OF 1985. • • 11 i CITY OF EDEN PRAIRIE '. RESOLUTION 87-147 A RESOLUTION AMENDING THE 1986 GENERAL FUND EXPENDITURE BUDGET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE that the 1986 General Fund Expenditure Budget be amended as follows: ADJUSTED BUDGET EXPENDED BALANCE MAYOR &. COUNCIL 19200 19200.00 0.00 CITY MANAGER 161400 161289.47 110.53 ELECTIONS 38600 38407.91 192.09 ASSESSING DEPT 191200 190840.78 359.22 BLDG INSPECTION DEPT 371300 370822.37 477.63 COMMUNITY SERVICES ADMIN & 78200 77367.06 832.94 PARK MAINTENANCE 462100 461716.81 383.19 PROGRAMS & ACTIVITIES 354900 353907.03 992.97 FORESTRY 90100 89121.98 978.02 COMMUNITY CENTER 455700 454846.95 853.05 FINANCE 173700 172634.16 1065.84 PLANNING DEPT 255500 255199.02 300.98 • PUBLIC SAFETY DEPT POLICE 1588700 1586892.67 1807.33 FIRE 245400 245247.83 152.12 CIVIL DEFENSE 18600 18081.50 518.50 ANIMAL CONTROL 29700 29405.29 294.71 FIRE & F/S BLDGS 97500 97049.22 450.78 PUBLIC WORKS DEPT ENGINEERING 371000 370518.42 481.58 EQUIPMENT MNTC 370200 369578.58 621.42 SNOW & ICE CONTROL 73000 72402.12 597.88 STREETS & DRAINAGE 651600 651189.54 410.46 STREET LIGHTING 118000 117751.84 248.16 F'/W & PARK BLDG 30700 29832.77 867.27 SHARED SERVICES GENERAL 306500 306037.50 462.50 DATA PROCESSING 47000 46307.87 692.13 LEGAL COUNSEL 13.3000 132489.91 510.09 0 CITY HALL 53000 52599.15 400.85 ,. PUBLIC INFORMATION 10800 10021.82 778.18 EMPLOYEE BENEFITS & r TRAINING 864000 863275.05 724.95 RESERVE 294500 71739.22 222760.78 TOTAL GENERAL FUND 7955100 7715777..89 239326.11 t, Gary D. Peterson, Mayor John D. Frane, City Clerk :a}gR CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTIDN #87-86 RESOLUTION APPROVING THE PRELIMINARY PLAT OF BLOSSOM RIDGE ADDITION FOR G.W. PEARSON BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Blossom Ridge Addition for G. W. Pearson, dated April 30, 1987, consisting of 3.07 acres into 5 single family lots and road right-of-way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 2nd day of June, 1987. Gary D. Peterson, Mayor C ATTEST: John D. Frane, City Clerk t \µ C MEMORANDUM TO: Planning Commission FROM: Donald R. Uram, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: May 8, 1987 RE: BLOSSOM RIDGE ADDITION In the Staff Report dated March 20, 1987, recommendation 1.A. stated that the proponent "submit a revised plan which depicts the extension of Blossom Ridge to the most easterly property line of the proposed subdivision". As a result of this road extension, the number and configuration of the lots has changed from the recommended plans. The current plan depicts a total of 5 lots as compared to 4 lots on the previous plan. The additional lot is located to the south of the proposed Blossom Ridge extension. All of the lots within this subdivision meet the minimum requirements of the R1-13.5 zoning district. The reason for further Planning Commission review is due to an increase in the amount of zoned property on this plan in order to accommodate the additional lot depth of Lots 1 and 2, Block 2. Overall, the proposed zoning request has changed from 1.7 acres to 1.98 acres, or 0.28 acres overall from the original plan. No other changes have been made and Staff would recommend approval of the plans as submitted. ( STAFF REPORT I TO: Planning Commission FROM: Donald R. Uram, Assistant Planner HROUGH: Chris Enger, Director of Planning DATE: March 20, 1987 PRDJECT: Blossom Ridge Addition LOCATION: South of Blossom Road, east of Bennett Place APPLICANT: G. William Pearson FEE OWNERS: G. William Pearson and Harold Johnson REQUEST: 1. Zoning District Change from R1-22 to R1-13.5. 2. Preliminary Mat of 3.1 acres into four single family lots, one outlot, and road right-of-way. Background i , `� C090, ' This site is currently designated on •` 1Of) the Eden Prairie Comprehensive Guide ' ' /Lvemail' 'i Plan for Low Density Residential l�� �'land uses. Surrounding designations 7a to the east, west, and south, are - �) / . ! . • jam- I also guided for Low Density 1' ( ',-22 Residential. Property to the north, �;k ,_�( I • which is the location of the Prairie • ����� ; !!, Lutheran Church has been designated 4,. f� = f 6 for Public land use. Specific land • '.: ' „ • uses in this area include Eden ` PROPOSED SITE, ...v. Prairie Acres, zoned R1-22 to the east and south; the J & L +sr �_ �i I i I Subdivision, zoned R1-13.5 to the / �6.g L ..r`� "' ,� J � west; and, the ..w tt„,L; ' proposed Prairie p�:1 _:• ,.; __ Lutheran Church to the north. The jj.����y_'' �,;-;� 107-84 proponent is requesting a zoning , ��RI-13.5 11: • �,rc;x�t RI 13.5 district change from R1-22 to R1- • �-,� ginirriv 'l,, 13.5 to allow for the development of r'"�� a four single-family lots. "`_, `af taei v .��i v Site Plan/Preliminary Plat It 8Ie 1 •t 1 The site plan depicts the division .„��,°€ , �, of a 3.1-acre tract of land into „q, wJ`���� �� k-v I f/ four single family lots and one u1��;:���10 ' ? I. If AREA LOCATION MAP t ,... t 1 j, Blossom Ridge Addition 2 March 20, 1987 outlot. All of the lots meet the minimum requirements of the R1-13.5 zoning district with the exception of Lot 1 which requires 100 feet of lot frontage on a corner lot. The plan shall be revised to reflect the additional 2.5 feet prior to Council review. Lot sizes within the subdivision range from a minimum of 13,525 square feet to a maximum of 19,729 square feet. Access to this site will be provided by a cul-de-sac off Blossom Road. This access point location is consistent with the overall plan; however, a cul-de-sac is not required in this location. Based upon the grading plan submitted by the proponent, it appears that the proposed cui-de-sac could be extended to the east with a connection made to a proposed cul- de-sac on the overall plan. Staff would recommend that the proponent revise the plans to reflect a road extension to the eastern property line of the subject property. (See Attachment A). Grading Elevations on this site range from a high point of 878 within the center portion of the site, to a low point of 850 in the extreme southeast corner. The proposed grading plan shows a cut of three feet occuring in the center of the site along the proposed roadway and a fill of approximately ten feet for the location of a building pad on Lot 4. The grading plan shall be revised to reflect the proposed road extension. The submitted tree inventory depicts a total of approximately 142 caliper inches of oak and ash trees which will be removed due to the construction on Lot 4. Staff would recommend that the proponent provide a tree replacement plan for 142 caliper inches of trees which will be required prior to Council review. Utilities Water and sanitary sewer service is available to this site through connections made in the proposed Blossom Ridge cul-de-sac with an extension into Blossom Road. No storm drainage system has been designed for this project; however, an overall storm drainage design has been included as part of the feasibility study for the construction of Blossom Ridge and Blossom Road. (See Attachment B). The proponent will be required to revise his plans to reflect a storm drainage system within proposed Blossom Ridge with a connection made to the proposed system within Blossom Road. STAFF RECOMMENDATIONS Staff would recommend approval of the request for a Zoning District Change from R1- 22 to R1-13.5 and the Preliminary Plat of approximately 3.1 acres into four lots, one outlot, and road right-of-way, based on plans dated February 20, 1987, and subject to the recommendations of the Staff Report dated March 20, 1987, and subject to the following conditions: 1. Prior to Council review, proponent shall: A. Submit a revised plan which depicts the extension of Blossom Ridge to the most easterly property line of the proposed subdivision. B. Provide a tree replacement plan which depicts a total of 142 caliper inches of tree replacement. C Blossom Ridge Addition 3 March 20, 1987 C. Submit a revised plan which reflects an overall storm drainage plan. D. Submit a revised plan which reflects the minimum lot frontage for a corner lot for Lot 1. 2. Prior to Final plat, proponent shall: A. Submit detailed storm water run-off, erosion control, and utility plans for review by the City Engineer. B. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. 3. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. 4. Prior to Grading permit issuance, proponent shall: A. Notify the City and Watershed District at least 48 hours in advance of grading. Stake all grading limits with a snow fence. Any trees lost outside the limits shall be replaced on an area inch per area inch basis. ( C— C ' I . 1 BLC'.--SZN POADWAY ;.k.. II 1 , ' • , :-• 1 .- Q • 1• _I-- , ; 1 ; s: t. 3 r ; 42• r'r•$___• v . ... ‘,.: • —-- •••---—— - j -------‘-- . 4- - _ I. .... •••,... I . .._, ..... I .., • ., •I l • •1 I { • --• 1 • 1 I i; •,---•—-••••-2....... ••• -.—.•.. ..—... I Z. • ; G 5 71, . -1 1 I I. . •\ I ---,; \ $ I • • \ ...,- - - - _ _ • 7. .-.. \ , , .-.. 4.11 ,.. • i $ 1 -7...-$ 1 , - .', ' ' $ La.I '..•••!:;:/•-?-.. . I•••• , CO • I • ..• \ • I!I I i• -••••• 4 '; 1‘ , :••(•)\ '•••••••••2''.•,s. I I / :."`r • ,- 1 -•r \ -,... ---.. •1 1-- _ _ _ , • • 1 ....., .,, $ I I ---- '- i $ 1 , f • i 1 $ I i i f ATTACHMENT A k PROPOSED STREET EXTENSION .. ( ,/ \ ( 0 It Fi>y\\ // O \ :e 2 Fi % # 22O �' ' W NOOb 011E \ • • 1Sb3 $jdnla j _ _.-1 K • \N ` ,,/ // \ W 'NOGti• ON'Z • ry .—_ I " ' m/� i K�'3',> / .\�\ 41 41igop i m Q fie`/ 1 ib3 Sddnie - • ---�y/ w/ m��\ `� / a Qvl _;-i L— — �—L__ m osio / W mW - e io�ino'\ ^ ' 1r s 1 J S .�. \ - ',0)8 iol,,na Pi it a�o —_--_1 LJ LJ '�________�1 a;a $000-9r-as-ru•w v to11n0 + I C loon-CC-LC-911-9a W 4 ao99-s•-sa-sn-s J t 1 V 9cao-n-tt-r�ra r saov-zi-ttrlo-s0 'r,l m I I 6.0 _ o m ------ - 1 I n 4 S -}-ry---- I: N LI 8 I` rv�/y a d 1 fw•• : - /ba. ta- Z t S3 Q- o f 0, O u O C X bJ6 a I r^ W Q ry I p 8 w 1 t 1C00-nea2-911.N Z F E. b .� E m _ i0 .._---- 1� II 0 2 o Cr w F. - - �'6'w tli t- dby -___---- It ¢ z w W w w 5 Q - - F 1 n C� i f C(00-•-aC-•IFra y W S o S a 1. 1I m > s s - 1I W cc ! e ; y "o II o n 2 a LJIIT: 9 l-N W AV10VOtl e.e.ze I'I L �d0 / N 8 b d ----r—-s,—�f_ 00b /ab / •- u - - n 0 0w �1 -- 3n1tl0 39010133 3 1 CHI 3D 0,, - bb0 _ ° _m II II o I m m' w I m 33j'H r �a, "� , w Q I 40a . .)l O yW ff I I S e "70 t ATTACHMENT B is 1 All Planning Commission Minutes 2 March 23, 1987 IV. DEVELOPMENT PROPOSALS A. BLOSSOM RIDGE ADDITION, by G. W. Pearson. Request for Zoning District Change from R1-22 to R1-13.5 on 1.7 acres, and Preliminary Plat of 3.1 acres into four single family lots and one outlot. Location: South of Blossom Road, east of Bennett Place. A public hearing. Mr. G. W. Pearson, proponent, reviewed the proposed development with the Commission. He stated that it was basically a request for a small subdivision. 11, Planner Uram reviewed the findings and recommendations of the Staff Report of March 20,1987, regarding the development. He noted that the Staff had designed the overall road system for this area at the time of review of the J & L Subdivision, recently approved by the City. Planner Uram stated that the proposed plan was in general conformance with the Staff design. Other than standard recommendations regarding streets, sewer, water, and park dedication fees, Planner Uram noted that the Staff Report also contained recommendations regarding extension of the street, tree replacement, storm water drainage, and the minimum lot frontage for Lot 1 of the proposed subdivision. Chairman Schuck asked for comments, or questions, from members of the audience. There were none. MOTION 1: Motion was made by Bye, seconded by Dodge, to close the public hearing. Motion carried--7-0-0 MOTION 2: Motion was made by Bye, seconded by Fell, to recommend to the City Council approval of the request of G. W. Pearson for Zoning District Change from Ri- 22 to R1-13.5, for 1.7 acres for the Blossom Ridge Addition, based on plans dated February 2D, 1987, subject to the recommendations of the Staff Report dated March 20, 1987. Motion carried--7-0-0 MOTION 3: Motion was made by Bye, seconded by Fell, to recommend to the City Council approval of the request of G. W. Pearson for Preliminary Plat of 3.1 acres into four single fmaily lots and one outlot for the Blossom Ridge Addition, based on plans dated February 20, 1987, subject to the recommendations of the Staff Report dated March 20, 1987. Motion carried--7-0-0 '. IL MINUTES EDEN PRAIRIE PLANNING COMMISSION Monday, May 11, 1987 City Council Chambers 7:30 p.m. MEMBERS PRESENT: Chairman Ed Schuck, Rich Anderson, Julianne Bye, Douglas Fell, Robert Hallett (8:00 p.m.), Chuck Ruebling MEMBER ABSENT: Christine Dodge STAFF PRESENT: Michael Franzen, Senior Planner; Donald R. Uram, Assistant Planner; Kate Karnas, Administrative Assistant Pledge of Allegiance--Roll Call I. APPROVAL OF AGENDA MOTION: Motion was made by Ruebling, seconded by Fell, to approve the agenda as printed. Motion carried--4-0-0 II. MEMBERS REPORTS None. (Chairman Schuck arrived at 7:35 p.m.) III. MINUTES MOTION: Motion was made by Ruebling, seconded by Anderson, to approve the minutes of the April 27, 1987, Planning Commission meeting with the following correction: Page 7, Motion #2 for Faith Church of the Nazarene, the vote should read "6-1-0 (Anderson against)." Motion carried--4-0-1 (Chairman Schuck abstained) IV. DEVELOPMENT PROPOSALS A. BLOSSOM RIDGE ADDITION, by G. W. Pearson. Request for Zoning District Change from R1-22 to R1-13.5 on 1.98 acres, Preliminary Plat of 3.07 acres into 5 single family lots and road right-of-way. Location: South of Blossom Road, east of Bennett Place. A public 1 hearing. Planner Uram explained that this was basically a housekeeping item. He noted that the Commission had previously reviewed and recommended for lirPlanning Commission Minutes 2 May 11, 1987 approval of this item, with less acreage overall, subject to the condition that plans be made for extension of the road to adjacent properties. Planner Uram stated that the proponent had been able to add property to the original Blossom Ridge development in order to accomplish this. However, it was necessary that rezoning take place on this additional property in order that it be compatible with the rest of the development. Chairman Schuck asked for comments, or questions, from members of the audience. There were none. MOTION 1: Motion was made by Bye, seconded by Ruebling, to close the public hearing. Motion carried--5-O-0 MOTION 2: Motion was made by Bye, seconded by Ruebling, to recommend to the City Council approval of the request of G. W. Pearson for Zoning District Change from R1-22 to R1-13.5 for 1.98 acres, based on plans dated April 30, 19B7, subject to the recommendations of the Staff Report dated May B, 1987. Motion carried--5-O-0 MOTION 3: Motion was made by Bye, seconded by Ruebling, to recommend to the City Council approval of the request of G. W. Pearson for Preliminary Plat of 3.07 acres into five single family lots, based on plans dated April 30, 1987, subject to the recommendations of the Staff Report dated May 8, 1987. Motion carried--5-0-0 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 887-112 RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE RIDGE 3RD ADDITION FOR DIRLAM DEVELOPMENT BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of The Ridge 3rd Addition for Dirlam Development, dated May 29, 1987, consisting of 24.1 acres into 13 single family lots, 1 outlot, and road right-of-way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 2nd day of June, 1987. r Gary 0. Peterson, Mayor ATTEST: John D. Frane, City Clerk t STAFF REPORT TO: Planning Commission FROM: Donald R. 11ram, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: May 8, 1987 PROJECT: The Ridge 3rd Addition LOCATION: North of Highway #5, south of Eileen Street, west of Kilmer Avenue APPLICANT: Dennis P. Dirlam FEE OWNER: Craig R. Morton REQUEST: 1. Zoning District Change from Rural to R1-13.5 on 3 acres, and from R1-22 to R1-13.5 on 3.36 acres with variances to be reviewed by the Board of Appeals. 2. Preliminary Plat of 24.1 acres into 13 single family lots, 1 outlot, and road right-of-way. Background -k. �, ' ./ the Eden Prairie Comprehensive Guide .c . . • ! ? _ Plan for development as Low Density .+! i6 Residential and Public Open Space '` '""""' " land uses. Surrounding properties ' "` ° ms. g ` " 9 the north and east are also 7.:^ 1 INN N RM-•cz it guided for Low DensityResidential, i `�" �/ s while the property to the west is !•0'° �'\ ►v j I�� la guided for Public Open Space. • \ ,��� Specific land uses in this area :'`4; J . i, include The Ridge, zoned R1-13.5 to PROPOSED SiTE v t the north; Highway #5 to the south; Heritage Park 1st Addition, zoned 4 1 & - R1-22 to the east; and, vacant ,.•� . - property (Protected Wetland #27-972) ::�.:�� to the west. g,•4 !-'/:gaii P The proponent is currently re- ( ;p`O`Qi!..4;:- uestin •.•.•.`.•.questing preliminary platting and ��.. � zoning district change on ap- ' R1 _q proximately 6.36 acres to allow for ti'the development of 13 single family ) lots. • r AREA LOCATION MAP The Ridge 3rd Addition 2 May 8, 1987 Site Plan This site contains a total of 24.09 acres of which 6.36 acres are to be developed into 13 lots and road right-of-way. A remnant outlot will consist of approximately 17.6 acres of wetland area to the west of the proposed project. Lot sizes within this subdivision range from a maximum of 33,700 square feet which is the location of an existing home to a minimum of 13,676 square feet. Average lot size within the subdivision is approximately 18,652 square feet. The proponent is requesting the R1-13.5 zoning district in which all of the lots meet the minimum requirements with the possible exception of Lots 2 and 3, Block 1. Generally, these lots meet the requirements of the zoning district with the exception of the 75-foot side lot line. As the plans depict, this lot line is drawn in a diagonal fashion which allows for the extra depth in order to meet the average lot depth requirement. Staff does not support this and would recommend that an alternative be selected. Access to this site is provided through the extension of Eileen Street and Kilmer Avenue by a cul-de-sac towards the south. The existing home located on Lot #5 has a driveway onto Highway #5 which shall be eliminated as part of this project. No future access will be allowed to Highway #5 from this site. In a letter dated May 4,1987, from MNOOT, it was recommended that the proponent plat an outlot adjacent Highway #5 to facilitate the acquisition of any additional right- of-way required for widening Highway #5 (see Attached Letter). Although it is not recommended that the proponent be responsible for dedicating the right-of-way for Highway #5, it would not be proper for the City to ignore the State's request. Because of this, the proponent should revise the plans in accordance with MNDOT's letter. Noise Due to the location of this subdivision adjacent Highway #5, concern has been raised regarding the probable noise impact. As depicted on the preliminary plans for Highway #5, the nearest pad location is approximately 155 feet from the centerline of the westbound lane . The Ridge 3rd Addition plans have not proposed any noise abatement measures at this time. In order to determine the noise impact and to suggest some type of mitigation, such as berming or landscaping, a Noise Assessment Study shall be completed prior to final approval. This assessment will be requested by the City of Eden Prairie. Grading Grading on this site is relatively extensive and encompasses the majority of the site. A high point exists along the eastern property line at 927 with low points adjacent the floodplain at the Ordinary High Water elevation of 871.4. The site slopes in a south and westerly direction with a maximum slope approaching 20%. Although the majority of the site is being graded, no grading is proposed within the wetland area. Cut and fill on this site reaches a maximum of approximately 18 feet of cut occurring off the high point adjacent the eastern property line and approximately 12 feet of fill within Lot 7 adjacent to the wetland area. An approximate cut and fill balance has been calculated with the results being a total import of approximately 11,239 cubic yards. Because of the amount of cut coming off the high point elevation of 927, there is a retaining wall being proposed to °3 The Ridge 3rd Addition 3 May 8, 1987 ( maintain the slopes in this area. The proponent shall submit detailed retaining wall plans for review by the City Staff and Engineering Department. Tree Replacement The proponent has calculated a total of 308 caliper inches of desirable trees as described in the City's tree replacement policy to be removed as part of construction. Based upon their figures, a total of 164 caliper inches of tree replacement would be required. Staff has calculated an additional 232 caliper inches of trees being removed, or 540 total caliper inches. Based on this amount, a total of 242 caliper inches of plant material shall be replaced. A tree replacement plan shall be designed and submitted for Staff review prior to the City Council meeting. Util ities Water and sanitary service is available to this site through connections made within Eileen Street. This would include the extension of an eight-inch sanitary sewer line through the cul-de-sac with a connection to the sanitary sewer line located in the Highway #5 right-of-way and the extension of a six-inch watermain to the end of the cul-de-sac. The watermain shall be further extended to the Highway #5 right-of- way in order to loop the system when the opportunity exists. Storm water run-off is designed to be collected in a catch basin system within Eileen Street and discharged into the wetland area to the west. These plans shall be reviewed by the Watershed District and City Engineer to determine their adequacy. ( Pedestrian Systems As part of The Ridge development to the north, an eight-foot bituminous trail was required along the wetland area with an extension to the southern property line. As depicted on the plans, this eight-foot bituminous trail shall be continued through this site and extended to the most southerly property line. STAFF RECOMMENDATIONS Staff would recommend approval of this project based upon plans dated April 13, 1987, subject to the Staff Report dated May 8, 1987, and subject to the following conditions: 1. Prior to Council review, proponent shall: A. Submit a tree replacement plan depicting 242 caliper inches of plant material for replacement. B. Revise the plans to reflect an alternative side lot line between Lots 2 and 3, Block 1, which meets the requirements of the R1-13.5 zoning district; or, apply for, and receive, a variance from the Board of Appeals. C. Revise the utility plans to reflect the extension of the six-inch water main to the Highway #5 right-of-way. D. Eliminate the access point onto Highway #5 from the existing house on Lot 5. No further access should be allowed at this location. The Ridge 3rd Addition 4 May 8, 1987 E. Submit detailed retaining wall plans for review. F. Revise the plans to depict art outlot adjacent Highway #5 as per ; MNDOT's recommendation. i 2. Prior to Final Plat, proponent shall: 1 A. Submit detailed storm water run-off and erosion control plans for I review by the Watershed District. B. Submit detailed storm water run-off, utility, and erosion control ! plans for review by the City Engineer. 1 C. Provide the necessary buffering plans as recommended in the Noise Assessment Study. 3. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. 4. Prior to Grading permit issuance, proponent shall: A. Notify the City and Watershed District at least 48 hours in advance ( of grading. B. Stake the construction limits with erosion control fencing. Any trees lost outside these limits shall be replaced on an area-inch per area-inch basis. i i 1 1 ""Esorq Minnesota ?b_ Department of Transportation District 5 2055 No. Lilac Drive oF1I Golden Valley, Minnesota 55422 (6121593. 8403 May 4, 1987 Chris Enger, Planning Director City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Re: S.P. 2701- T.H. 5 - Plat Review of The Ridge 3rd Addition located west of Heritage Road and north of T.H. 5 in part of Section 7, Twp. 116, Range 22 in City of Eden Prairie, Hennepin Co. Dear Mr. Enger: We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. That portion of the plat encompa::sing Lots 5,6 and 7 and Outlot A should not be approved as proposed. As you know, we are presently developing preliminary plans to widen T.H. 5 through this area. Although our plans have not been finalized as of this date, it appears that we will need a significant amount of addi- tional right-of-way in this area. It is suggested that an out lot be platted next to the highway which could be preserved for future highway right-of-way { and with no direct access allowed to T.H. 5. It should also be noted that residential development is a very noise sensi- tive land use. Noise levels adjacent to T.H. 5 in this area could very well exceed federal and state standards. We suggest that every effort be made in design of the proposed development to lessen the impact this might have on it. For your information and review, I have enclosed a copy of the preliminary plan and cross sections in the area of this proposed development. Shown on • the plan is what we anticipate will be construction limits for the proposed improvements to T.H. 5. The conflict between the proposed plat and the fu- ture construction for T.H. 5 should be resolved before approval of the plat. Our project manager for the T.H. 5 upgrading is Evan Green and changes should be coordinated with him. Thank you for your cooperation in this matter. Sinc ly, M. Cra food-; . . District Engineer / Enclosure: cc: Eugene Dietz - City Eden Prairie Steve Keefe - Metropolitan Council Kenneth Felger - Henn. Co. Surveyor's Office An Equal Opportunity Employer •Qnsc I Tile R+Dct 3t!ADoino.J DiRLAH l7EVELoPnENT '}-10-al C1.o . KILMER AVENUE t1 1 u7:1.......... II 1 (�;1 'C. ' I 1 ON I co �l 1011 co ,c , 111401$ '51'11:1 co �� xi Ql I ovTloT'A . I I T 11 ' .\l_t° 61 k I \'-= 111. 0 mi ; �� — ti L r cWSF :ns° 11 _ 1 1 }r t . l I ��vi`°rno�.wcm's'' / +� ® VAR-111111j11 yam. ,.a.r�•-r_.v. / 2°30'C. ----- • pj , i// o .\� 1111 I • `po \\}, \1 _ -,). 1 I Planning Commission Minutes 4 May 11, 1987 C } D. THE RIDGE 3RD ADDITION, by Dirlam Development. Request for Zoninc District Change from Rural to R1-13.5 on 3 acres, and from R1-22 tc R1-13.5 on 3.36 acres, with variances to be reviewed by the Board of Appeals, Preliminary Plat of 24.1 acres into 13 single family lots, Planning Commission Minutes 5 May 11, 1987 1 outlot, and road right-of-way. Location: North of Highway #5, south of Eileen Street, west of Kilmer Avenue. A public hearing. Mr. Dennis Dirlam, proponent, reviewed the proposed development with the Commission, explaining the locations of existing sanitary sewer, store sewer, and watermain connections which would result from connecting to other subdivisions in the area. He explained that the Pauly house, currently located on Highway #5, was also part of this subdivision, noting that 1 alternate access would be provided for the Pauly house to the street to be built as part of this development. Mr. Dirlam explained that the variances requested were for Lots 2 and 3 of the proposed development and that they were being requested due to the unusual shape of the lots. Planner Uram reviewed the findings and recommendations of the Staff Report of May 8, 1987, with the Commission. He noted that a letter from the Minnesota Department of Transportation (MNDOT), which indicated that thE state would be requesting a portion of the property for additional right-of- way for Highway #5 for the 1991 scheduled upgrading of that road. Planner Uram stated that noise impact on the subdivision from Highway #5 was another consideration during the review of the proposed development. He stated that , MNDOT had completed such a study and would be working with the developer tc mitigate the effect of highway noise on the development. With respect to the wetland along the west portion of the development, Planner Uram explained that it was part of a protected wetland that was approximately 60 acres in size. The proponents would be preserving this area and that the eight-foot wide bituminous trail at the perimeter of the wetland would connect to a trail around the entire wetland eventually. • Regarding the requested variances, Planner Uram stated that the requests appeared justified due to the grades of the property, location of the road, and the shape of the properties, Staff was supporting variances, instead. Planner Uram stated that Staff was also recommending elimination of the access to Highway #5 for the Pauly house and provision of access to thE .' street within the subdivision, along with buffering of the homes alonc Highway #5 from traffic noise. Planner Uram noted that tree replacement would be necessary for the propose( development, as well, for approximately 242 caliper inches of trees to bE 4 removed as part of the construction of the development. Fell asked if the noise study indicated any adverse impact on the subdivision. Planner Uram stated that MNDOT had completed the study an( that mitigative measures were suggested, including a ten-foot wall, or berm. to eliminate noise. He stated that he expected an exact solution would bE available prior to Council review of the proposed development. He addec that the some of the trees to be replaced on the property as part of thE City's tree replacement policy would located adjacent to Highway #5 for the purpose of buffering from the noise from traffic. Fell asked if the noise study took into account that traffic would bE Planning Commission Minutes 6 May 11, 1987 increasing in this area in the future due to development in the area. Planner Uram explained that the figures of traffic used in the study were 1990 traffic projections. Bye asked if Mrs. Pauly was aware that her access to Highway #5 would be eliminated as part of this development. Mr. Dirlam responded that she was aware of this and that she had already expressed concern about the difficulty of her current access to Highway #5. Ruebling asked about the location of the trail on the property. Mr. Dirlam responded that the trail would be located at least two feet above the normal high water mark of the wetland area as was done for the other developments adjacent to the wetland. He noted that it appeared that the trail would also be far enough away from the homes of the subdivision to allow the future residents to maintain their privacy, as well. Ms. Barb Johnson, 7660 Atherton Way, asked about the location of the lots with respect to the wetland area. She indicated that she was concerned that the development not encroach upon the wetland area. Mr. Dirlam explained the location of the homes and lots on the property and showed her the plans. MOTION 1: Motion was made by Bye, seconded by Ruebling, to close the public hearing. 4- Motion carried--5-0-0 MOTION 2: Motion was made by Bye, seconded by Ruebling, to recommend to the City Council approval of the request of Dirlam Development for Zoning District Change from Rural to R1-13.5 on 3.36 acres for The Ridge 3rd Addition, with variances to be reviewed by the Board of Appeals, based on plans dated April 13, 1987, subject to the recommendations of the Staff Report dated May 8, 1987. Motion carried--5-0-0 MOTION 3: Motion was made by Bye, seconded by Ruebling, to recommend to the City Council approval of the request of Dirlam Development for Preliminary Plat of 24.1 acres into 13 single family lots and one outlot for The Ridge 3rd Addition, based on plans dated April 13, 1987, subject to the recommendations of the Staff Report dated May 8, 1987. Motion carried--5-0-0 (Hallett arrived at 8:15 p.m.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-131 RESOLUTION APPROVING THE PRELIMINARY PLAT OF JAY WALLACE ADDITION FOR JAY WALLACE BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Jay Wallace Addition for Dirlam Development, dated May 27, 1987, consisting of 1.43 acres into 2 single family lots and road right-of-way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 2nd day of June, 1987. • r Gary D. Peterson, Mayor t ATTEST: John D. Frane, City-Clerk ^i U7y STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Assistant Planner UGH: Chris Enger, Director of Planning DATE: May 8, 1987 PROJECT: Jay Wallace Addition LOCATION: East of Franlo Road, north of Laurel Drive APPLICANT/ FEE OWNER: Jay Wallace REQUEST: 1. Zoning District Change from Rural to R1-13.5 on 1.23 acres. 2. Preliminary Plat of 1.43 acres into two single family lots and road right-of-way. Background `�— s = s RM-65+• The Comprehensive Guide Plan depicts �* ����.14!M this area for Low Density Res- lc�� 7 - idential development with sur- i 1 �t'+!,s rounding land uses consisting of the .€irr�es,, Prairie East development to the east ' fall t'm and south, zoned R1-13.5; Bonner r 1\ J/- ea Water Addition Addition, zoned R1-13.5uand RM-6.5 ��n .,� `' i i►� respectively to the west; and 46. PROPOSED SITE g undeveloped rural propertyto the D north. The site consists of an WM Alive, '''t existing house on the south half, ` a LA ; -' with extensive smaller tree growth II `K I►/► / so .;'€ to the north, including a few large lip �� oak trees. A small collector pond GL.",� 1 a Ii®�� , i���" exists along the extreme north �+ ���4 ql portion of the property. items~140 € Preliminary Plat Of i nil 'f The proponents request is to ter. le "Ano" 4 subdivide a 1.23-acre site into two ) '<< •iB� , lots of 21,630 square feet and 1 U 1 e ,i��+fQI , �` 32,130 square feet. The proposed k �,o , density would be 1.62 units per .tit\-,' -i I ;: acre, well under the 2.5 units per „�1 I t acre maximum under a Low Density 1 ^® 4j AREA LOCATION MAP Jay Wallace Addition 2 May 8, 1987 guided land use. Lot dimensions and setbacks meet the R1-13.5 zoning district. A 33-foot strip of property along the west will be platted into road right-of-way. The existing house on Lot 1 is proposed to remain, and meets all setback requirements for the R1-13.5 zoning district. Grading and Utilities The existing topography consists of a high point of 872 near the west central portion of the property, sloping to the east and north to an elevation of 848 along the ponding area to the north. The significant site vegetation consists of a 30- inch oak and a 26-inch oak located in-the southwest corner of Lot 2. Minimal grading is being proposed on the site, and will only occur on Lot 2. Due to the sloping nature of the topography, some filling work will be necessary on the north side of the driveway access. The proponent has proposed an 8-foot retaining wall in order to minimize the amount of grading necessary and to maintain the existing character of the collector pond to the north. All slopes will not exceed 3/1. In order to provide maximum protection for the existing 30-inch oak tree to the south of the access, Staff would recommend that the driveway be narrowed and the turn-around portion of the driveway shifted towards the north to provide maximum distance from the drip line of the existing oak. Prior to grading permit issuance, the proponent shall stake snow fencing along the grading limits to protect all existing vegetation. ( Utility services are available to the site with connection to lines along Franlo Road. The proponent has indicated the sewer and water hook-up to the south of the proposed driveway access near the 30-inch oak tree. Staff would recommend that this connection be shifted in a way to remain out of the drip line of the 30-inch oak tree. Overall Storm Drainage The existing collector pond lying in the north portion of this property is part of an overall storm drainage system for the immediate area and properties located west of Franlo Road (see Attachment A). Currently, storm water run-off from Franlo Road enters this collector pond through a catch basin located just north of this property. Presently, the collector pond has no storm sewer outlet, and the property has no drainage easement provisions for receiving this off-site water (see Attachment B). In February of 1986, Hansen, Thorpe, Pellinen & Olson, Inc., prepared a drainage study for this pond with regard to the Mount Curve Addition just west of this property. In that report, storm events were evaluated to determine what the maximum flood elevations of the ponding area would be. Based on a worse case scenario of two consecutive 100-year storm events, a maximum flood elevation of 855.2 would exist and any proposed structure would require two feet clearance above that flood elevation. The proposed house basement elevation is currently at approximately 852. The City Engineer has reviewed the project and has indicated that a more detailed review relating to a storm outlet pipe on this property to control flood elevation will be necessary and drainage easements provided. This review may also indicate the need to revise the house location in order to meet the two-foot minimum flood Jay Wallace Addition 3 May 8, 1987 elevation clearance. Prior to Preliminary Plat approval, it will be necessary for the proponent to work out the storm drainage situation that meets with the approval of the City Engineer. Access The proponent has indicated the access to this site at the most feasible location; providing adequate distance from the oak trees and collector pond while matching grading at Franlo Road. A site vision distance profile has been provided which indicates a 200-foot sight vision distance to the south as measured from a six-inch object at the access point. This distance meets the minimum requirement for a 30 MPH design speed criteria. Sight vision distance to the north is more than adequate. STAFF RECOMMENDATIONS Staff would recommend approval of the request for Zoning District Change from Rural to R1-13.5 on 1.23 acres, and Preliminary Plat of 1.43 into two single family lots and road right-of-way, subject to the plans dated April 23, 1987, and subject to the Staff Report dated May 8, 1987, and subject to the following: 1. Prior to Preliminary Plat approval, proponent shall: A. Work out a storm water discharge design which utilizes an outlet pipe for storm water management, and provide the necessary drainage easements. 2. Prior to Council review, proponent shall: A. Revise the driveway access, providing for a narrower driveway width in order to create maximum distance from the existing oak trees to the south. B. Revise the utility plan to indicate utility connection further away from the existing oak tree drip line. 3. Prior to Grading permit issuance or Building permit issuance, proponent shall: A. Submit detailed storm water run-off and erosion control plans to the Watershed District review. B. Submit detailed storm water run-off, erosion control and tree preservation snow fencing plan to the City Engineer for review. C. Submit a detailed retaining wall plan to the Building Department for review. D. Notify the City and Watershed District at least 48 hours in advance of grading. E. Pay the appropriate Cash Park Fee. 'v J:n CONTRIBUTING DRAINAGE AREA t \ • DOGWOOD :••• • c/90 g • <F • ••• • • • PROPOSED,. • cr FRANLO • • ROAD LLLJJ41 • CLUBNiIiIt - • •• ••• 4////:v � • • IOW"Z ••••••• I• ••••••�••••• AREA _ APPROX. I 1 15.2 ACRES f Drainage Area Boundary / 712— \--- ▪ Hansen Thorp ▪ /A Pellinen Olson Inc. 0 :10 f Consulting Engines.&Land Dui.•. 200 fss Ofnen Rwo.Chd. Scale in Feet attachment a Eden Prairie.IDI fpM-t/M tntl u9-me. ,� 1 EXISTING CONDITIONS er7.s8 • 0 I ` I / OOC• . • ` . •..• / •.' t. la PROPOSED SITE:, y to — • .• i prpx. .,r y'• .dge Unel • •-,. / n . .\.! Approx Existing / Overflow-:60.0 / • 01. r J� Existing Catch `� Basin Top of O Casting Elev. 656.0 --'—•' LAUREL F:zi r_____ J IOGVJ.OnI walkout Elev. .1\ 0 1.Z 1 7 Hansen Thorp Perim en Olson Inc. 0 60 100 1 ` Consulting Engineers&Land surveyors 7566 Office Ridge Circle Scale in Feet attachment b E°'"Prairie,MN 65>•1-76.. 16121629-6700 •h;( 1rPlanning Commission Minutes 2 May 11, 1987 8• JAY WALLACE ADDITION, by Jay Wallace. Request for Zoning District Change from Rural to R1-13.5 on 1.23 acres, Preliminary Plat of 1.43 acres into 2 single family lots and road right-of-way. Location: East of Franlo Road, north of Laurel Drive. A public hearing. Mr. Wallace reviewed the proposed development with the Commission. He stated that he had no objections to any of the recommendations within the Staff Report regarding the development. Mr. Wallace stated that there was one remaining challenge for the property involving accommodation of storm water drainage in the area. He added that he was working with the City Staff to resolve this situation. Planner Franzen stated that the major concern of Staff was the storm water drainage, but that he was confident that it could be resolved. He pointed out that it would be necessary, also to raise the lowest floor elevations of the proposed structures in order to prevent the structures from any possible water damage. Planner Franzen stated that this appeared to be a situation which could be resolved prior to City Council review. He also commented that Mr. Wallace had designed the plan to save as many trees as possible on the property. Planning Commission Minutes 3 May 11, 1987 Chairman Schuck asked for comments, or questions, from members of the audience. There were none. MOTION 1: Motion was made by Bye, seconded by Fell, to close the public hearing. Motion carried--5-0-0 MOTION 2: Motion was made by Bye, seconded by Fell, to recommend to the City Council ap from Rural toproal R1-13.5ffore1.23uacresfforJaythelJay WallacenAdditOionrbasedhaonistict eplans dated April 24, 1987, subject to the recommendations of the Staff Report dated May 8, 1987. Motion carried--5-0-0 MOTION 3: Motion was made by Bye, seconded by Fell, to recommend to the City Council approval of the request of Jay Wallace for Preliminary Plat of 1.43 acres into two single family lots, for the Jay Wallace Addition based on plans dated April 24, 1987, subject to the recommendations of the Staff Report dated May 8, 1987. Motion carried--5-0-0 ak) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-132 RESOLUTION APPROVING THE PRELIMINARY PLAT OF PRAIRIE BLUFF SUBOIVISION FOR CARDARELLE AND ASSOCIATES, INC. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Prairie Bluff Subdivision for Cardarelle and Associates, Inc., dated April 7, 1987, consisting of 8.5 acres into 17 single family lots, 2 outlots, and road right-of-way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 2nd day of June, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 4 STAFF REPORT it TO: Planning Commission FROM: Michael D. Franzen, Senior Planner TROUGH: Chris Enger, Director of Planning DATE: May 8, 1987 • PROJECT: Prairie Bluff Subdivision LOCATION: Southwest quadrant of Pioneer Trail and County Road #18, east of Franlo Road Park APPLICANT/ FEE OWNER: Cardarelle and Associates, Inc. REQUEST: 1. Zoning District Change from Rural to R1-13.5 on 8.5 acres. 2. Preliminary Plat of 8.5 acres into 17 single family lots and one out lot. Background O • V 1�4'4 n1► 4if +,R The Comprehensive Guide Plan depicts Sr i_w/__-_...�;i►��� I r— I. a Low Density Residential land use +��� I r�11� \*'] • for this site. The Guide Plan ♦ �� 1:t tr, t depicts surrounding land uses as Low i 10 „ .,€ a Density Residential to the north, '*\���;1 ." 41 �1�,' east, and south of the site. Public 1�to .- ,e' Open Space is designated to the west I'1'/ + « of the site. The site is currently lam -Zila1 \• zoned Rural. .+ Oai ro i a Preliminary Plat t %rill ' -1---- "a "a , 1n� sue, ..a.... The preliminary plat depicts the '5` 1 '•' , ' g % subdivision of 8.5 acres into 17 •".,_ co eo `y single family lots and two outlots at a density of two units per acre. PROPOSED SITE Each of the lots meet the minimum y, r.•..�01v..�;. requirements for the R1-13.5 zoning • ow.w4�i'4 - district. a, 'i�iO�i':�AFC ►..••�.� Aliii 13.5` d - Lots 1 and 2, Block 1, have access from a bubble on the proposed \ rr aka,, service road. This bubble should be -iv-, - eliminated for maintenance reasons 421 and to also be consistent with the \ • °'fy,`«�^ ..�+ u City Council policy to eliminate all i� i unnecessary cul-de-sacs. \•ss '.. wt. i. AREA LOCATION MAP i z )2 Prairie Bluff Subdivision 2 May 8, 1987 11 Access When the Bluff Country PUD (to the south of this site) was approved by the City Council, there was considerable discussion as to where Franlo Road would loop back to County Road #1. Attachment A represents the thinking at that time of three possible access points onto County Road #1. As recommended in the BRW study for the Bluff Country PUD, the location of the collector road should be approximately 800 feet west of the intersection of County Road #1 and County Road #18. This would coincide with access point #2 as shown on Attachment A. Franlo Road could be constructed to this access point onto County Road #1 at this time; however, it would be on the inside of the curve and sight vision distance would be poor. This intersection makes sense when the County realigns County Road #1 to straighten out the curves. As an interim solution, a temporary roadway is planned to be located to the east of the Briggs homestead where depicted on the preliminary plat. The County has reviewed this plan and has determined that sight vision distance is adequate in both directions from this access point. In order for the temporary road to be constructed as depicted on the preliminary plat, additional easements for temporary road construction will be necessary from the Briggs homestead. When the land area immediately to the north of this site is developed, then a 60- foot right-of-way dedication should be required on the western side of the existing Briggs household. At that time, the easements for right-of-way purposes would be exchanged between the temporary roadway and the permanent road and the temporary access onto County Road #1 would be closed. Attachment 8 shows an overall road network for this area which includes the County's current thinking for intersection at County Road #1 and County Road #18. The plan also shows that there would be a connection from this site to the south into the Bluff Country PUD and a connection to the north through the Briggs property to Lee Lane. This will provide for good access and circulation. Grading Overall grading can be described as minimal and following the natural contours of the property. Proposed road grades varies between 4% and 6%. The maximum road grade allowed per City Code is 8%. The proposed service road grade in the southeast corner of the site must match an elevation at 820 at the property line in order to be consistent with the proposed road grades as part of the Bluff Country PUD to the south. Utilities Sewer and water service is available to the property. Sewer service will be by connection to an existing lift station on County Road #1. Prior to City Council, the developer must submit an overall storm drainage plan which indicates how storm water run-off from this site will connect into an existing storm sewer system within the area. Approval of the preliminary plat should be predicated upon a storm sewer solution. Sidewalks/Trails Attachment C shows the overall master plan for sidewalks and trails within this area. As part of construction with this project, the developer will be responsible Prairie Bluff Subdivision 3 May 8, 1987 for a five-foot wide concrete sidewalk along the west side and south side of Lee Drive and a five-foot wide concrete sidewalk along the west side of proposed Franlo Road. In addition, the developer will be responsible for an eight-foot wide bituminous trail along the east side of Franlo Road. STAFF RECOMMENDATIONS The Staff would recomnend approval of the request for Zoning District Change from Rural to R1-13.5 on 8.5 acres and a Preliminary Plat of 8.5 acres into 17 single family lots and two outlots, based on plans dated April 3, 1987, subject to the recommendations of the Staff Report dated May 8, 1987, and subject to the following conditions: 1. Prior to Council review, proponent shall: A. Modify the preliminary plat to eliminate the bubble on proposed Lots 1 and 2, Block 1. B. Submit a detailed plan showing the alignment and construction of the temporary road from this site out to County Road #1. C. Submit an overall storm drainage plan showing how the water run-off from this site would drain into the nearest City's storm water system. D. Modify the preliminary plat to depict a five-foot wide concretesidewalk along the west side of Franlo Road and an eight-foot wide bituminous trail on the east side of Franlo Road. Depict a five- foot wide concrete sidewalk along the south and west sides of Lee Drive. 2. Prior to Final Plat, proponent shall: A. Provide detailed storm water run-off and utility plans and erosion control plans for review by the City Engineer. B. Provide detailed storm water run-off and erosion control plans for review by the Watershed District. C. Provide the necessary road easements to allow the temporary road to be constructed as shown on the preliminary plat. 3. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Notify the City and Watershed District at least 48 hours in advance of grading. C. Submit plans for review by the Fire Marshal. 4. Approval of the preliminary plat should be predicated upon a storm sewer solution. „�l ! I --- _•-T-=_----• — _____ _ 7\)te,-1--,,-- . .---.... -,,r•—•••••••••4-.--,..k.-0--,_ ___'s ...1-- -.1; IT ,-' g;-r.---;;7--,- piiiis --7:- . • k,i 1.4' 1 ti01.5.11" -- • cfi . „ AS t12. K,, ,,t ,,t,c.it ,,,,, -,/, - - ,-\-,j)( „.,,,,•214,02/ ---"`",`„ ,,:::i'' ' • r lilt - • i,/ •/..-' ..”--.5- • •\, .I.Imag-4,4 to _ :, ... q.,...„., 4,, ,,,,;;„,/,,,,,,,„„,,. • P.; , '1 t 'l/—,t!' 4" , '1•"' -,. s;\7:— ?-1/;,,,,p; c<4.:., .,' iihre..-1,6.c,__-.)i.: all i .......al,.,. -- " '';4. "/"• -•• ' / 't nati " '*---- - '1" ° ; ,t) N, „ . :-• >. /, 'II - si--- ---,...vz,.,- .,- ,...„/".•: 41) ram..,.(<777,7ff ..k• . to Ce' l' IF ',- ,-.' 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H aV.. 41..0 1 EC lei izak a cc /. 4*, - IC' • VS g a - •— 4 7,e F.' .., -... • • ! i 4 ..,- '-%•A .-i. ! .0 .1.. .4• -•,. .,1>".t.f7 fi, ii,t 1 Lf''• ''.tli—1. --;'" I.N.V.6±S,. ...___.IL— .`w-f— --.....-E',-..!112:‘---1,-,-L--4-4t.a-*' -i--„,——_--=-_ealul——/` t Overall Roadsystem { Attachment B -i .0. ,. . if • viS w<^N eroo1 au 9 ...•d N��a•i - �'�dijjjj i) d1u' j --_IIs 3.11 w k Ci g Cy. ,1 d t a. z. •!�, 4 s` Peon o�ue�� wa - P 1� a - p tk .. _ �" _�— m lc' O. m— c a -, 4' anll.lQaa - a I� .�� Er f c�e� - - 0 ' Y • M ID co O� y°♦C gal:, Y I L. .y ' — Er °4 r ��.';�'�; a tN ..4. c ' • �O 0 .F• •• y ,4 • i CC �; � ' Z t. .� a .i•. f - .P . . y E _ 4.4'?.- -_ •'.Ss" kr' . - . . * sz _ 11 L'_n M1 �' .S i^- ,,.., js•I_ --.=flair+* _ ii li Sidewalks and Trails Attachment C ,, 1 , 1.1 °; ItPlanning Commission Minutes 3 May II, 1987 C. PRAIRIE BLUFF SUBDIVISION, by Cardarelle & Associates, Inc. Request for Zoning District Change from Rural to R1-13.5 on approximately 7.4 acres and Preliminary Plat of 8.5 acres into 17 single family - lots, 2 outlots, and road right-of-way. Location: South of Pioneer Trail, west of County Road #18, east of Franlo Park. A public hearing. Mr. Frank Cardarelle, proponent, stated that he had reviewed the recommendations of the Staff Report regarding this project and that he had no objections to any of the conditions listed. He stated that, with respect to storm water drainage, he had petitioned the City for a feasibility study to deal with this, and that he would continue to work with the City Engineering Department to resolve the matter. Mr. Cardarelle stated that Pemtom would be the builder of the homes in this proposed development. Planner Franzen that this development was part of the overall Bluff Area storm water drainage system, involving approximately 1,000 acres of property. He stated that the other major concern about the proposed development was the access to the north to County Road #I. Planner Franzen reported that this matter had been discussed in detail with the City Engineering Department and that they had determined that a temporary access in this location would be acceptable. Planning Commission Minutes 4 May 11, 1987 With respect to the storm water drainage issue, Planner Franzen stated that there were two ponds which currently served the area; however, it would be necessary to determine how much water was being directed to the ponds as it was already known that there were piping restrictions in this area. He stated that it was Staff's recommendation that the project not be allowed to proceed without the storm water drainage solution. Regarding sidewalks and trails, Planner Franzen stated that, with the extension of Franlo Road, there should be extension of the bituminous trail on the east side and sidewalk on the west side of the Franlo Road, together with sidewalk on Lee Drive to connect to existing sidewalk on Lee Drive and the overall trail/sidewalk system in the area. Ruebling asked what type of delays would be caused by the storm water drainage study. Planner Franzen stated that it was possible that it could be completed without any delay to the developer and that the storm water drainage improvements could be constructed at the same time as street construction for the property. Ruebling asked if it would be possible to have the study completed prior to second reading of the ordinance for rezoning on the property. Planner Franzen stated that it was. Chairman Schuck asked for comments, or questions, from members of the audience. There were none. MOTION 1: Motion was made by Bye, seconded by Fell, to close the public hearing. Motion carried--5-0-0 MOTION 2: Motion was made by Bye, seconded by Fell, to recommend to the City Council approval of the request of Cardarelle & Associates for Zoning District Change from Rural to R1-13.5 on 7.4 acres for Prairie Bluffs, based on plans dated April 7, 1987, subject to the recommendations of the Staff Report dated May 8, 1987. Motion carried--5-0-0 MOTION 3: Motion was made by Bye, seconded by Fell, to recommend to the City Council approval of the request of Cardarelle & Associates for Preliminary Plat of 8.5 acres into 17 single family lots and two outlots for Prairie Bluffs, based on plans dated April 7, 1987, subject to the recommendations of the Staff Report dated May 8, 1987. Motion carried--5-0-0 9 JUNE 2,1987 34188 VOID OUT CHECK _ 34689 VOID OUT CHECK 18.65 178.65- 34796 VOID OUT CHECK 1672.72- 96 TRAVELERS DIRECTORY SERVICES ADS-LIQUOR STORE 239.00 .d7 AMERICAN ARBITRATION ASSN FILING FEE-COMMUNITY CENTER LITIGATION 200.00 34888 MINNESOTA SPORTS FEDERATION -SOFTBALL TEAM REGISTRATIONS/FEES PD- 110.00 ORGANIZED ATHLETICS 34889 NORTHWESTERN BELL TELEPHONE CO SERVICE 2481.10 34890 JEANETTE GILLIS REFUND-SWIMMING LESSONS 14.00 34891 MICHELLE ROCKWOOD REFUND-SWIMMING LESSONS 13.00 34892 LUCAS ROCKWOOD REFUND-SWIMMING LESSONS 11.00 34893 HENNEPIN COUNTY TREASURER FILING FEE-ENGINEERING DEPT 13.00 34894 ERICA FANSLOW REFUND-SWIMMING LESSONS 24.00 34895 JASON GRAY REFUND-SWIMMING LESSONS 24.00 34896 STACEY E SOMERS REFUND-SWIMMING LESSONS 24.00 34897 KATIE NORDAHL REFUND-SWIMMING LESSONS 13.00 34898 ERICA HARTSOUGH REFUND-SWIMMING LESSONS 37.00 34899 ZACKRE KIEFER REFUND-SWIMMING LESSONS 8.00 34900 JENNIFER BERGMANN REFUND-SWIMMING LESSONS 24.00 34901 IVY LAMOREAUX REFUND-ADULT OUTING 25.50 34902 YVONNE HARGENS REFUND-ADULT OUTING 25.50 34903 SHARON PUNCH REFUND-ADULT OUTING 24.50 34904 MILDRED GRENKE REFUND-ADULT OUTING 25.50 34905 EVA HIRT REFUND-ADULT OUTING 25.50 34906 CAROL DOLLY REFUND-ADULT OUTING 25.50 34907 AT & T INFORMATION SYSTEMS SERVICE 17.40 34908 CATHERINE HACKER EII.ER REFUND-ADULT OUTING 25.50 34909 PETTY CASH EKPENSES-CITY HALL 65.19 34910 STATE AGENCY REVOLVING FUND SOCIAL SECURITY ADMINISTRATION COSTS 208.60 ( 11 ED PHILLIPS & SONS CO WINE 4301.29 .j12 PRIOR WINE CO WINE 1107.26 34913 GRIGGS COOPER & CO INC LIQUOR 3326.72 34914 EAGLE WINE CO WINE 568.27 34915 QUALITY WINE Co WINE 2289.94 34916 JOHNSON BROTHERS WHOLESALE LIQUOR LIQUOR 4569.05 34917 CAPITOL CITY DISTRIBUTING CO WINE 638.92 34918 AVR INC BLACKTOP-DRAINAGE CONTROL 178.55 34919 COMMISSIONER OF REVENUE APRIL FUEL TAX 274.04 34920 COMMISSIONER OF REVENUE APRIL 87 SALES TAX 17113.32 34921 GINGER WAAGE REFUND-SKATE SHOW 22.00 34922 ANDREW KNOLL REFUND-SWIMMING LESSONS 14.00 34923 BRIAN COLLINS REFUND-SWIMMING LESSONS 7.00 34924 JASON KNOLL REFUND-SWIMMING LESSONS 11.00 34925 MRPA CONFERENCE-COMMUNITY CENTER 60.75 34926 STEPHEN J BROCKWAY MILEAGE 35.00 34927 ALLEN J LAMM MILEAGE 162.50 34928 CITICORP INDUSTRIAL CREDIT INSTALLMENT PAYMENT FOR CANON COPIER 656.81 34929 MN EXTENSION SERVICE MANUALS-FORESTRY DEPT 5.00 34930 PATRICIAS FRAME SHOP PLAQUE-POLICE DEPT 39.75 34931 UNIVERSITY OF MINNESOTA MANUALS-PARK MAINTENANCE 15.00 34932 LANG PAULY & GREGERSON LTD ADDITIONAL DECEMBER 86 LEGAL SERVICE 839.15 34933 MAAO CONFERENCE-ASSESSING DEPT 80.00 34934 GUARANTEE TITLE HOUSING PROGRAM/CDGB FUNDS 22200.00 34935 FEDERAL RESERVE BANK PAYROLL 5-15-87 42425.81 ("136 COMMISSIONER OF REVENUE PAYROLL 5-15-87 11012.89 11379422 r JUNE 2,1987 34937 GREAT WEST LIFE ASSURANCE CO PAYROLL 5-15-87 4578.00 34938 .'.CMA RETIREMENT CORP PAYROLL 5-15-87 850.00 34939 PERA PAYROLL 5-15-87 21529.14 11'40 UNITED WAY OF MINNEAPOLIS PAYROLL 5-15-87 166.88 ,41 CITY-COUNTY CREDIT UNION PAYROLL 5-15-87 783.13 34942 SUBURBAN NATIONAL BANK PAYROLL 5-15-87 200.00 34943 PERA PAYROLL EXPENSES 5.00 34944 HERMAN MILLER INC MODULAR PARTITIONS-CITY HALL 1672.72 34945 NORTHERN STATES POWER CO SERVICE 19313.56 34946 MN DEPT OF P/S TAX EXEMPT PLATES-EQUIPMENT MAINTENANCE 75.00 34947 COMMISSIONER OF REVENUE LICENSE FEE-ASSESSING DEPT 75.00 34948 AM SOCIETY OF SAFETY ENGINEERS MANUALS-CITY MANAGER 20.00 34949 SHANNON WOODY REFUND-KIDS KORNER 2.50 34950 CITY OF GOLDEN VALLEY CONFERENCE-HUMAN RESOURCES 20.00 34951 JOHN ROONEY REFUND-RACQUETBALL LEAGUE 5.00 34952 SHARON ASH REFUND-RACQUETBALL LEAGUE 5.00 34953 MARK GORHAM REFUND-RACQUETBALL LEAGUE 5.00 34954 JAMES GINDELAND REFUND-RACQUETBALL LEAGUE 5.00 34955 JASON GARRETT REFUND-SWIMMING LESSONS 16.00 34956 ST PAUL BLDRS ASSN CONFERENCE-BUILDING DEPT 25.00 34957 U S POSTMASTER POSTAGE-CITY HALL 5000.00 34958 JOHN H CROWTHER INC LIQUOR LIABILITY INSURANCE 2985.00 34959 DOUGLAS EDWARD ANDREWS FIREMAN CALLS 610.00 34960 LANCE MICHAEL BRACE FIREMAN CALLS 620.00 34961 SPENCER L CONRAD FIREMAN CALLS 1950.00 34962 GENE E DAHLKE FIREMAN CALLS 600.00 34963 RICHARD R DEATON FIREMAN CALLS 1180.00 34964 FRANKLIN PAUL ELLERING FIREMAN CALLS 525.00 34965 GEORGE F ESBENSON FIREMAN CALLS 310.00 56 CHARLES A FERN FIREMAN CALLS 1195.00 J.J67 DAVID H GILMORE FIREMAN CALLS 610.00 34968 CHARLES A GOBLE FIREMAN CALLS 1395.00 34969 ROBERT R GRANT FIREMAN CALLS 1000.00 34970 RICK HAMMERSCHMIDT FIREMAN CALLS 860.00 34971 ROBERT A HAUGEN FIREMAN CALLS 695.00 34972 JOHN T HOBBS FIREMAN CALLS 1355.00 34973 WALTER C JAMES FIREMAN CALLS 435.00 34974 JAIMES G JOHNSON FIREMAN CALLS 985.00 34975 MICHAEL W JOHNSON FIREMAN CALLS 755.00 34976 RONALD 0 JOHNSON FIREMAN CALLS 2885.00 34977 DAVID T KING FIREMAN CALLS 695.00 34978 PENNY E KING FIREMAN CALLS 815.00 34979 DAVID 0 KRUEGER FIREMAN CALLS 30.00 34980 MARVIN A LAHTI FIREMAN CALLS 1008.00 34981 SANDRA A LANDUCCI FIREMAN CALLS 430.00 34982 BRADLEY E LARSON FIREMAN CALLS 940.00 34983 JAMES W LINDGREN FIREMAN CALLS 495.00 34984 LOWELL D LUND FIREMAN CALLS 1130.00 34985 REGAN L MASSEE FIREMAN CALLS 800.00 34986 PHILIP G MATHIOWETZ FIREMAN CALLS 1290.00 34987 JAMES LEE MATSON FIREMAN CALLS 885.00 34988 BRIAN GILL MCGRAW FIREMAN CALLS 620.00 34989 GARY LEE MEYER FIREMAN CALLS 1515.00 34990 RAYMOND I MITCHELL FIREMAN CALLS 615.00 1'Q91 THOMAS MONTGOMERY FIREMAN CALLS 1415.00 o(98493 rjr y. t JUNE 2,1987 34992 CURTIS OBERLANDER FIREMAN CALLS 1910.00 34993 KATHLEEN 0 CONNOR FIREMAN CALLS 1445.00 34994 KEITH A OLSON FIREMAN CALLS 920.00 "n95 WANDA L OVERBEY FIREMAN CALLS 1370.00 ,96 JOHN EDWARD PAFKO FIREMAN CALLS 1290.00 34997 JAMES PELTIER FIREMAN CALLS 1245.00 34998 TIMOTHY J PELTIER FIREMAN CALLS 1325.00 34999 DOUGLAS LEE PLEHAL FIREMAN CALLS 1810.00 35000 GARY LEE RADTKE FIREMAN CALLS 915.00 35001 JOHN D RIEGERT FIREMAN CALLS 1350.00 35002 STANLEY A RIEGERT FIREMAN CALLS 490.00 35003 JOHN D ROCHFORD FIREMAN CALLS 1105.00 35004 MICHAEL J ROGERS FIREMAN CALLS 1567.00 35005 NORBERT H ROGERS FIREMAN CALLS 700.00 35006 TIMOTHY A SATHER FIREMAN CALLS 1705.00 35007 CHARLES SCHAITBERGER FIREMAN CALLS 1485.00 35008 HARVEY HERMAN SCHMIDT FIREMAN CALLS 260.00 35009 LEE ALLEN SCHNEIDER FIREMAN CALLS 1020.00 35010 SCOTT G SCHRAM FIREMAN CALLS 210.00 35011 GERALD M SCHWANKL FIREMAN CALLS 1290.00 35012 JAMES 0 SHAW FIREMAN CALLS 148.00 35013 TODD B SKATRUD FIREMAN CALLS 1200.00 35014 JOHN J SKRANKA FIREMAN CALLS 1095.00 35015 GENE R SPANDE FIREMAN CALLS 965.00 35016 BURTON LEE SUTTON FIREMAN CALLS 941.00 35017 MARC LEWIS THIELMAN FIREMAN CALLS 1620.00 35018 RODNEY J UTING FIREMAN CALLS 80.00 35019 THOMAS D WILSON FIREMAN CALLS 645.00 35020 GENE ABBOTT EXPENSES-BUILDING DEPT 20.00 ( 21 ACE CHEMICAL PRODUCTS INC TRANSMISSION FLUID-EQUIPMENT MAINTENANCE 179.70 ,,.)22 ACRO-MINNESOTA INC OFFICE SUPPLIES 200.51 35023 AIRLIFT DOORS INC GARAGE DOOR REPAIRS-PUBLIC WORKS BUILDING 809.20 35024 ALPHA VIDEO & AUDIO VCR RECORDER-COMMUNITY CENTER 430.00 35025 AMERICAN LINEN SUPPLY CO TOWELS-LIQUOR STORE 9.05 35026 AMERICAN STEEL & INDUSTRIAL SUPPL PIPING-PARK MAINTENANCE 149.76 35027 EARL F ANDERSEN & ASSOC INC SIGNS-STREET MAINTENANCE 161.00 35028 JANE ANDERSON SERVICE-ICE SHOW-COMMUNITY CENTER 100.00 35029 LONNIE ANDERSON SERVICE-ICE SHOW-COMMUNITY CENTER 150.00 35030 LONNIE ANDERSON -MATERIALS & SUPPLIES FOR ICE SHOW- 584.30 COMMUNITY CENTER 35031 ANDON INC -BALLOONS & PARTY SUPPLIES FOR ICE SHOW- 141.66 COMMUNITY CENTER 35032 ANDYS WHOLESALE MFG& DIST CO 4 PICKUP TOPPERS-EQUIPMENT MAINTENANCE 896.00 35033 ARMOR SECURITY INC LOCKS & KEYS-PARK DEPT & COMMUNITY CENTER 58.19 35034 ASSOCIATED ASPHALT INC BLACKTOP-STREET MAINTENANCE 498.72 35035 B R W INC -SERVICE-VALLEY VIEW ROAD-MITCHELL TO 24223.93 -COUNTY RD 4/ANDERSON LAKES PKWY-TH169 TO MITCHELL ROAD 35036 TOM BAILEY SOFTBALL OFFICIAL/FEES PD 14.50 35037 BATTERY & TIRE WAREHOUSE INC BEARINGS-EQUIPMENT MAINTENANCE 4.15 35038 ANNETTE BEACH EXPENSES-POLICE DEPT 35.95 35039 JOHN BENSON GOLF INSTRUCTOR/FEES PD 24.00 35040 CITY OF BLOOMINGTON APRIL 87 IMPOUND SERVICE 307.50 35041 BLOOMINGTON LOCKSMITH CO LOCK REPAIRS-PUBLIC SAFETY BUILDING 97.00 1 g142 BMB SERVICES SOUND SYSTEM REPAIRS-COMMUNITY CENTER 636.45 .)983757 .f.n a JUNE 2,1987 35043 LOIS BOETTCHER -PARK & RECREATION COMMISSION MEETING 102.69 MINUTES FOR 5-18-87 35044 HEIDI BRANDENBERG SERVICE-ICE SHOW-COMMUNITY CENTER 045 BRAUN ENG TESTING INC SERVICE-VALLEY VIEW ROAD 235.50 2)46 ED BRION SOFTBALL OFFICIAL/FEES PD 23 .50 047 ELIZABETH BROWN SERVICE-ICE SHOW-COMMUNITY CENTER 205.00 35048 BROWN PHOTO FILM PROCESSING 114.60 35049 MAXINE BRUECK MILEAGE 1 .50 35050 BRUNSON INSTRUMENT CO CAMERA REPAIRS-ENGINEERING DEPT22.50 35051 BUSINESS FURNITURE INC TABLE-ASSESSING DEPT 163.52 268.50 35052 C & N W TRANSP CO STORM SEWER RENTAL AGREEMENT 35053 CARDOX CORP CARBON DIOXIDE-WATER DEPT 60.00 35054 CENTRAIRE INC -AIR CONDITIONER REPAIRS-PUBLIC SAFETY 1222.86 BUILDING 35055 CHEMLAWN LAWN SERVICE-8950 EDEN PRAIRIE ROAD 100.00 35056 CLIMATE MAKERS INC AIR CONDITIONER REPAIRS-COMMUNITY CENTER 135.69 35057 CLUTCH & U-JOINT BURNSVILLE INC TRUCK REPAIRS-EQUIPMENT MAINTENANCE 529.03 35058 COMMISSIONER OF TRANSPORTATION SERVICE-TRAFFIC SIGNAL CONTROL DEVICE 297.38 35059 COMMUNICATIONS CHANNELS INC EMPLOYMENT ADS-CITY HALL 360.00 35060 CONSTRUCTION MATERIALS INC SEAL COATING-STREET MAINTENANCE 3240.00 35061 STATE OF MN DOCUMENTS SECTION STATE CODE BOOKS-BUILDING DEPT 80.00 35062 CONTECH CONSTRUCTION PRODUCTS CULVERT-DRAINAGE CONTROL 226.32 35063 COPY EQUIPMENT INC FILE CABINETS-PLANNING DEPT 1185.11 35064 CORPORATE RISK MANAGERS INC MAY 87 INSURANCE CONSULTANT 455.00 35065 ADOLPHUS CRENSHAW REFUND-OVERPAYMENT ON UTILITY BILL 14.80 35066 CRYSTAPLEX PLASTICS INC PLEXI SHIELDS-COMMUNITY CENTER 267.00 35067 CULLIGAN SERVICE 35068 CULLIGAN SERVICE 12.55 35069 CUTLER-MAGNER COMPANY QUICKLIME-WATER DEPT 14.33 70 DALCO -CLEANING SUPPLIES-PUBLIC SAFETY & 5607.00 1 COMMUNITY CENTER 0 .00 35071 SANDY DANIELSON EXPENSES-BUILDING DEPT 35072 DECORATIVE DESIGNS JUNE 87 SERVICE 13.50 35073 DEM CON LANDFILL INC DISPOSAL CHARGES-PARK MAINTENANCE 2 24.50 35074 DENNISON MAILING SERVICE SERVICE-PROPERTY EVALUATION NOTICES .78 6 35075 DIXIE PETRO-CHEM INC CHLORINE-WATER DEPT 81. 0 35076 DOLPHIN CONSTRUCTION REFUND-BUILDING PERMIT 62 .50 35077 DRISKILLS SUPER VALU EXPENSES-COMMUNITY CENTER 22.34 35078 DRISKILLS SUPER VALU EXPENSES-FIRE DEPT 182.22 35079 EDEN PRAIRIE CHAMBER OF COMMERCE EXPENSES-CITY MANAGER 24. 35080 EDEN PRAIRIE FIRE DEPT SCHOOL-FIRE DEPT 80.00 110 35081 EDEN PRAIRIE GROCERY -EXPENSES-FIRE DEPT/STAMPS $79.20-SENIOR .09 CENTER 110•T9 35082 CITY OF EDINA APRIL 87 WATER TESTS 35083 ELECTRICAL MECH SERVICES EQUIPMENT REPAIRS-WATER DEPT 90.50 11 35084 ELK RIVER CONCRETE PRODUCTS MANHOLE COVERS-DRAINAGE CONTROL 94. 35085 ELVIN SAFETY INC REFUND-VARIANCE REQUEST 12 .00 35086 CHRIS ENGER MAY 87 EXPENSES 165.00 35087 ESS BROTHERS & SONS INC MANHOLE COVER-SEWER DEPT 165.00 35088 BARBARA EWELT TENNIS INSTRUCTOR/FEES PD 465 0.00 2 35089 FAIRVIEW SOUTHDALE HOSPITAL BLOOD TESTS-POLICE DEPT .56 35090 JON FARBER TENNIS INSTRUCTOR/FEES PD 52.00 35091 FEELING FINE EXERCISE BANDS-COMMUNITY CENTER/FEES PD 221.08 0 35092 FITNESS ASSOCIATES INC STRESS TESTS-FIRE DEPT .00 t5n93 FLEET MAINTENANCE INC -REPAIR BRAKES & FRONT END/REPLACE SHACKLE 504 50 . 4 ASSEMBLY-FIRE DEPT .44 I 2220671 ¶ !!i I«I . 4 I 35094 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORE 118.45 35095 JOHN FRANE APRIL 87 EXPENSES 165.00 35096 FRANK REFRIGERATION WATER COOLER REPAIRS-COMMUNITY CENTER 29.95 35097 FRANZ ENG REPRODUCTIONS INC -BLUEPRINTS/BASE MAPS $1012.08/SCALE MAPS- 1324.83 ENGINEERING DEPT & PLANNING DEPT 1,198 LYNDELL FREY MILEAGE 124.25 IL )99 G L CONTRACTING INC SERVICE-18574 HARRAGATE 1113.79 35100 GENERAL COMMUNICATIONS INC RADIO REPAIRS-EQUIPMENT MAINTENANCE 177.07 35101 GENERAL MACHINING INC AXLE REPAIRS-EQUIPMENT MAINTENANCE 298.27 35102 JOE GLEASON SOFTBALL OFFICIAL/FEES PD 159.50 35103 GLENWOOD INGLEWOOD SERVICE 17.60 35104 GOPHER SHOOTERS SUPPLY CO PRACTICE AMMUNITION-POLICE DEPT 2025.60 35105 MARK GRANOWSKI SOFTBALL OFFICIAL/FEES PD 116.00 35106 DOUG GREEN HOCKEY OFFICIAL/FEES PD 72.00 35107 GROSS OFFICE SUPPLY OFFICE SUPPLIES-POLICE DEPT 418.22 35108 GUNNAR ELECTRIC CO INC LIGHT BULBS-COMMUNITY CENTER 3.00 35109 GENE HABERMAN MEETING EXPENSES 55.39 35110 JIM HALE GOLF INSTRUCTOR/FEES PD 35111 HARMON GLASS -TRUCK WINDSHIELD-WATER DEPT/WINDSHIELD 312.00 REPAIRS-EQUIPMENT MAINTENANCE 309.78 35112 MITCH HAYDEN GOLF INSTRUCTOR/FEES PD 18.00 35113 HENNEPIN COUNTY TREASURER SERVICE-PLANNING DEPT 452.00 35114 HENN CTY-SHERIFFS DEPT SET UP SQUAD CARS-POLICE DEPT 810.66 35115 HOFFERS INC SOFTBALL FIELD MARKING-PARK MAINTENANCE 353.00 35116 HOLMSTEN ICE RI.NKS INC -PARTS & EQUIPMENT FOR ICE ARENA/ 1451.18 -COMPRESSOR OVERHAUL KIT $880.00-COMMUNITY CENTER 35117 HUGIN SWEDA INC 35118 IBM CORP MAINTENANCE AGREEMENT-COMMUNITY CENTER 230.00 TONER FOR COPIER-CITY HALL 308.00 35119 IBM JUNE 87 MAINTENANCE AGREEMENT-CITY HALL 217.00 35120 INDEPENDENT SCHOOL DIST #272 ROOM RENTAL-SENIOR CENTER 2.40 ( 21 JM OF'FICE PRODUCTS INC OFFICE SUPPLIES-WATER DEPT 15.02 .22 KAY JOHNSON FITNESS INSTRUCTOR/FEES PD 40.00 35123 KEYS WELL DRILLING CO PUMP REPAIRS-WATER DEPT 192.75 35124 MIKE KISSEN GOLF INSTRUCTOR/FEES PD 192.00 35125 BRADLEY J KNUTSON SOFTBALL OFFICIAL/FEES PD 145.00 35126 KOKESH ATHLETIC SUPPLIES INC UNIFORMS-PARK RANGER 68.98 35127 GREG KORTUEM SOFTBALL OFFICIAL/FEES PD 246.50 35128 LANCE SUPPLIES-LIQUOR STORE 107.79 y` 35129 LANG PAULY & GREGERSON LTD FEBRUARY 87 LEGAL SERVICE 15625.53 q 35130 LANG PAULY & GREGERSON LTD LEGAL SERVICE 2374.00 '' 35131 BOB LANZI SOFTBALL OFFICIAL/FEES PD 400.00 35132 LAS-SANA/ARGUS LTD CANINE UNIT SUPPLIES-POLICE DEPT 136.92 35133 JIM LINDGREN REFUND-BUILDING PERMIT 35134 LIONS TAP EXPENSES-FIRE DEPT 61.90.90 35135 LOUISVILLE LANDFILL INC DISPOSAL CHARGES-PARK MAINTENANCE 0 35136 LYMAN LUMBER CO -PLYWOOD-STREET DEPT/PARK DEPT & BUILDING 172.58 DEPT 35137 MIKE MARUSHIN -SOCKETS/MANIFOLD GAUGE-EQUIPMENT 110.00 MAINTENANCE 35138 MASYS CORPORATION JUNE 87 MAINTENANCE AGREEMENT-POLICE DEPT 1050.00 35139 MCFARLANES INC CEMENT-PARK DEPT & DRAINAGE CONTROL 124.00 35140 MCGLYNN BAKERIES INC EXPENSES-CITY HALL & POLICE DEPT 173.55 35141 MCGLYNN BAKERIES INC EXPENSES-FIRE DEPT 14.58 /3204154 ( i..7'4 JUNE 2,1987 35142 METRO BROS HEATING REFUND-MECHANICAL PERMIT 37.40 35143 METRO SYSTEMS FURNITURE -CUBE TABLE $357.00/3 CHAIRS $2195.55-CITY 4926.93 -MANAGER/2 DESKS $900.00/2 CREDENZAS -$848.00/3 BOOKCASES $504.00/LATERAL FILE $309.00-COMMUNITY SERVICES& PLANNING DEPT 35144 METRO PRINTING INC FORMS-FIRE DEPT 375.00 35145 MATT MILLER SOFTBALL OFFICIAL/FEES PD 29.00 35146 MPLS/ST PAUL METROPOLITAN LAND RENTAL-PARK MAINTENANCE 556.80 35147 MPLS AREA CHAPTER FILM RENTAL-COMMUNITY CENTER 110.00 35148 MN CELLULAR TELEPHONE CO SERVICE 29.97 35149 MN CELLULAR TELEPHONE CO SERVICE 82.61 35150 MN CONWAY FIRE & SAFETY UNIFORMS-FIRE DEPT 278.00 35151 MN DAILY EMPLOYMENT AD-COMMUNITY CENTER 19.60 35152 MINNESOTA SUBURBAN NEWSPAPERS INC ADS-LIQUOR STORE 30.30 35153 M-V GAS CO SERVICE 105.00 35154 KEN MOENING REFUND-PARK RESERVATION 15.00 35155 MOTOROLA INC RADIO REPAIRS-FIRE DEPT 298.81 35156 GREG MUELLER SOFTBALL OFFICIAL/FEES PD 159.50 35157 MY CHEESE SHOP EXPENSES-FIRE DEPT 6.60 35158 VOID OUT CHECK 0.00 35159 NORD BLDG CO REFUND-PLAN CHECK FEE 3O0.OD 35160 NORTHERN STATES POWER CO STREET LIGHTS INSTALLED-PUBLIC WORKS 765.00 35161 NORTHLAND BUSINESS RECORDER REPAIRS-POLICE DEPT 15.60 35162 KEN OLSON SOFTBALL OFFICIAL/FEES PD 14.50 35163 HARRY ORTLOFF SOFTBALL OFFICIAL/FEES PD 435.00 35164 PENNWELL BOOKS BOOKS-FIRE DEPT 28.25 35165 PENNSYLVANIA OIL CO OIL-EQUIPMENT MAINTENANCE 883.61 35166 PATRICK PEREZ SOFTBALL OFFICIAL/FEES PD 145.00 35167 CONNIE PETERS MILEAGE 20.25 58 PETTY CASH-PUBLIC SAFETY DEPT EXPENSES-POLICE DEPT 58.45 _ ,69 JOYCE PHELPS ICE SHOW COORDINATOR/FEES PD 35170 JOYCE PHELPS ICE SHOW EXPENSES-COMMUNITY CENTER 600.00 871.84 35171 JOYCE PHELPS SKATING INSTRUCTOR/FEES PD 224.00 35172 HARRY E PIEKA FLOWERS-PARK MAINTENANCE 56.00 35173 PITNEY BOWES POSTAGE METER TAPE-CITY HALL 26.25 35174 PLEHAL BLACKTOPPING INC SERVICE-STARRING LAKE PARK 5980.00 35175 POMMER COMPANY INC ENGRAVING-COMMUNITY CENTER 6.39 35176 POWER PROCESS EQUIPMENT INC DIGITAL FLOW METER REPAIR-WATER DEPT 146.00 35177 PRAIRIE ELECTRIC COMPANY INC -LIGHT REPAIRS-PUBLIC SAFETY BUILDING/ 191.80 INSTALL SKATE SHARPENER-COMMUNITY CENTER 35178 PRAIRIE HARDWARE -SAWBLADES/WASHERS/NUTS/DRILL BITS/KEYS/ 222.81 -BATTERIES/TAPE/ROPE/SCREWS/PAINT ROLLERS/ -PAINT BRUSHES/WOOD PROTECTOR/PAINT/ CLEANING SUPPLIES-PUBLIC SAFETY 35179 PRAIRIE HARDWARE -FUNNEL/PUMP/BATTERIES/KEYS/HOOKS/SCREWS/ 76.16 BOLTS/CHAIN/NUTS-FIRE DEPT 35180 PRAIRIE LAWN & GARDEN LAWN MOWER REPAIRS-PUBLIC SAFETY 30.50 35181 PRAIRIE OFFSET PRINTING INC PRINTING-ASSESSING DEPT & PLANNING DEPT 878.45 35182 PRINT SHACK PRINTING-COMMUNITY CENTER 165.80 35183 PUMP & METER SERVICE INC WASTE OIL CONTAINER-EQUIPMENT MAINTENANCE 273.75 35184 R & R SPECIALTIES INC ZAMBONI BLADE SHARPENING-COMMUNITY CENTER 106.40 35185 RADIO SHACK RECORDER-POLICE DEPT 50.89 35186 RECREONICS CORP POOL EQUIPMENT-COMMUNITY CENTER 203.93 35187 RETAIL DATA SYSTEMS OF MN CASH REGISTER TAPE-LIQUOR STORE (188 KAREN ROACH SOFTBALL OFFICIAL/FEES PD 101.50 '999489 i I JUNE 2,1987 35189 AL RUBENSTEIN SOFTBALL OFFICIAL/FEES PD 14.50 35190 RUSSELL & MILLER INC SUPPLIES-LIQUOR STORE 16.01 35191 SANCO INC CLEANING SUPPLIES-PUBLIC SAFETY BUILDING 90.39 '92 SAVOIE SUPPLY CO INC -CLEANING SUPPLIES-PUBLIC WORKS BUILDING/ 446.45 PARK MAINTENANCE & EQUIPMENT MAINTENANCE 35193 NAIL OFFICE INTERIORS INC BLINDS-CITY HALL 2564.17 35194 SAYLORS SOFTWARE FIRST SOFTWARE-PUBLIC WORKS BUILDING 625.00 35195 KEVIN SCHMIEG APRIL & MAY 87 EXPENSES 330.00 35196 MARK SCHMIDT TENNIS INSTRUCTOR/FEES PD 336.00 35197 SCHWAB VOLLHABER INC MOTOR-PUBLIC SAFETY BUILDING 87.00 35198 SIMPLE BEGINNINGS COSTUMES FOR ICE SHOW-COMMUNITY CENTER 1100.85 35199 SIMPLEX TIME RECORDER CO MAINTENANCE SUPPLIES-COMMUNITY CENTER 63.98 35200 STEVEN R SINELL APRIL & MAY 87 EXPENSES 357.50 35201 SNAP ON TOOLS CORP WRENCH-EQUIPMENT MAINTENANCE 22.50 35202 SNYDER DRUG STORES INC EXPENSES-COMMUNITY CENTER 36.01 35203 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT AD-POLICE DEPT 52.80 35204 SPORTS WORLD T-SHIRTS-COMMUNITY CENTER 216.00 35205 STATE SUPPLY COMPANY FAN-PUBLIC SAFETY BUILDING 54.60 35206 SPS COMPANIES VALVES-EQUIPMENT MAINTENANCE 20.99 35207 STS CONUSULTANTS LTD SERVICE-WATER TREATMENT PLANT EXPANSION 1940.41 35208 SUBURBAN NAIL BANK REFUND-COMMUNITY PROFILES 20.00 35209 SUPER 8 MOTEL EXPENSES-HUMAN RESOURCES 34.85 35210 NEIL SUTLIFF GOLF INSTRUCTOR/FEES PD 396.00 35211 TENNESSEE CHEMICAL CO CHEMICALS-WATER DEPT 4656.12 35212 VOIO OUT CHECK 0.00 35213 TROVEHL INDUSTRIES INC POSTS-COMMUNITY CENTER 63.60 35214 TWIN CITY OXYGEN CO OXYGEN-PARK MAINTENANCE 52.38 35215 U S TENNIS ASSOC MEMBERSHIP DUES-COMMUNITY CENTER 15.00 35216 UNIFORMS UNLIMITED UNIFORMS-POLICE DEPT 3793.35 ( 17 UNLIMITED SUPPLIES INC -WASHERS/SCREWS/SPADE CONNECTORS/TUBE 186.51 CLAMPS/PINS/SAW BLADES/NUTS-EQUIPMENT MAINTENANCE 35218 KAREN HACKMAN INSURANCE LIABILITY-CITY HALL 290.68 35219 VALLEY INDUSTRIAL PROPANE INC GAS CYLINDERS-COMMUNITY CENTER 156.62 35220 VAN WATERS & ROGERS CHLORINE-WATER DEPT 1 35221 VAUGHNS INC AMERICAN FLAG-PUBLIC SAFETY BUILDING 138.353 35222. VIKING LABORATORIES INC CHEMICALS FOR POOL-COMMUNITY CENTER 360.14 35223 VOSS PLBG REFUND-PLUMBING PERMIT 30.50 35224 WILLIAM WARNER HOCKEY OFFICIAL/FEES PD 33.00 35225 WATER PRODUCTS CO -4 1 1/2 1000 GAL MTR $1180.00/NUT & HOSE 1267.00 SPANNER-WATER DEPT & BUILDING DEPT 35226 WELSH COMPANIES JUNE 87 RENT-CITY HALL 898.33 35227 WEST WELD EQUIPMENT REPAIRS-EQUIPMENT MAINTENANCE 48.50 35228 WHEELER LUMBER OPERATIONS WIRE TIES-PARK MAINTENANCE 231.10 35229 WIBORG CONSTRUCTION -ROOF OVER MECHANICAL EQUIPMENT AREA 1437.70 BEHIND PUBLIC SAFETY BUILDING 35230 WILSON TANNER GRAPHICS BUSINESS CARDS/SIGNS-CITY HALL 630.00 35231 XEROX CORP -APRIL 87 MAINTENANCE AGREEMENT-PUBLIC 496.45 SAFETY/OFFICE SUPPLIES-CITY HALL 35232 ZACK'S INC HAND ROTARY PUMP-PARK MAINTENANCE 79.00 35233 ZIEGLER INC GENERATOR REPAIRS-WATER DEPT 271.18 35234 KAY ZUCCARO FITNESS INSTRUCTOR/FEES PD 210.00 2425543 $360115.29 1t DISTRIBUTIONSGG �ggg�� BY FUND t� CERTIFICATE OF INDEBT 247214A:53 15 LIQUOR STORE-P V M 20676.98 • cLIQUOR STORE-PRESERVE 14082.40 PARK ACQUIST & DEVELOP 5980.00 UTILITY BOND FUND 3054.20 51 IMPROVEMENT CONS FD 27501.42 73 WATER FUND 21905.80 77 SEWER FUND 267.59 87 CDBG FUND 22200.00 $360115.29 • L iN?') CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-144 A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and, WHEREAS, the proposal of H. J. Nyhammer for development of Lil Red Grocery Store from Community Commercial to Neighborhood Commercial use requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eden Prairie, ' Minnesota, hereby proposes the amendment of the Plan as follows: approximately 1.01 acres located at the southeast quadrant of County Road #4 and Valley View Road be modified from Community Commercial to Neighborhood Commercial. ADOPTED by the City Council of Eden Prairie this 2nd day of June, 1987. i( • Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-145 A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and, WHEREAS, the proposal of Don and Rita Anderson for development of Anderson's Garden Shoppe from Low Density Residential to Community Commercial use requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eden Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: approximately 1.27 acres located at the southeast quadrant of County Road #4 and Valley View Road be modified from Community Commercial to Neighborhood Commercial. ADOPTED by the City Council of Eden Prairie this 2nd day of June, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk t I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-146 RESOLUTION APPROVING THE PRELIMINARY PLAT OF ANDERSON'S GARDEN SHOPPE FOR DON C. AND RITA L. ANDERSON, AND H.J. NYHAMMER BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Anderson's Garden Shoppe for Don C. and Rita L. Anderson, and H.J. Nyhammer, dated April 2, 1987, consisting of 3.1 acres into 6 lots and road right-of-way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 2nd day of June, 1987. rr L_ Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk :`i r1 alp CITY OFFICES 7600 EXECUTIVE DRIVE:EDEN PRAIRIE,MN 55344.2499 'TELEPHONE(612)937.2262 e prainm May 28, 1987 Mr. Fred Hoisington Hoisington Group, Inc. 7300 Metro Boulevard Suite #525 Edina, MN 55435 Dear Mr. Hoisington: Per our conversation this morning, the following are my comments on your letter of May 27, 1987, regarding the Anderson's Garden Shoppe. As you offered, I believe it would be helpful for you to discuss these items with Mr. Anderson before the Council meeting of June 2, 1987, to obtain his concurrence in these conditions prior to Council action on the item. These items may then be added to others for a complete developer's agreement prior to 2nd Reading of the ordinance for rezoning of the property. 1. Developer covenants and agrees to use the subject property as a retail operation dealing only in the sale of garden and landscape products and materials, floral, and gift items. More specifically, the operation will include the display and sale at retail of such items as shrubs, flowering plants, garden plants, cut flowers and flower arrangements, silk flower arrangements, baskets, pots, gift items including cards, candles and novelty items, packaged potting soils and fertilizers, hand gardening implements, and similar and related small garden and boutique items and accessory items related thereto. The operation shall not include the outside display or storage for sale of unpackaged bulk items such as soil, rock, mulch, railroad ties, landscaping timbers, bricks, patio blocks, fencing, sod, compost, hay, straw, manure, or other such products. The use shall not include the outside display of large power lawn and garden equipment, such as roto-tillers, lawn mowers, sweepers, or tractors. We expect to incorporate the above language, substantially as is, into a restrictive covenant to be filed with the property. 2. Developer covenants and agrees that all storage other than the described display area shall be within the principle building or under a roofed pergola and that no heavy equipment other than occasional delivery trucks shall operate or be stored on the property. 3. Developer agrees not to use over 1,200 square feet within the display areas which areas will be used for the retail sale of potted nursery items to customers. ( 4. Developer agrees to construct 19 parking spaces during the initial construction phase and shall provide, as directed by the City and based on demand, up to 29 additional parking spaces. i Mr. Hoisington -2- May 28, 1987 j 4 5. Developer agrees to submit a proof-of-parking plan which would allow for construction of up to a total of 48 parking spaces on the property. Construction of the additional spaces shall initiated as directed by the City and shall be based upon demand and upon actual operation of the business. 6. Developer agrees to install no exterior lighting without prior review and approval of the City, except at the front and rear entrances to the principle building, which lighting shall be comprised of one overhead entry light. Ground accent lights will be used to light front and rear entry plant materials and the principle sign. None but the overhead or entry lights will be lit after 10:00 p.m. and all will be designed and aimed to avoid glare beyond property tines. 7. Developer agrees to provide the level of screening along the south property tine as shown on the site/landscape plan to effectively screen parking areas from the windows of adjacent homes. Developer assures that the parking and outdoor storage areas will be screened from differing adjacent land uses and public roads when the development of the property is complete. Please contact me after you have spoken with Mr. Anderson, or if you have any questions before the Tuesday evening Council meeting. Sincerely, CITY OF EDEN PRAIRIE Chris Enger Director of Planning CE/kk t. /3.9 C SUPERAMERICA VARIANCE REQUEST APPEAL CONTENTS 1) Variance Request Appeal Letter Dated May 15, 1987 2) Variance Request Appeal Letter Dated May 22, 1987 3) Public Hearing Notice - Variance Request #87-17 4) SuperAmerica Variance Request Application A) Variance Application B) Traffic and Access Study 5) Staff Reports Dated May 7, 1987 and April 2, 1987 6) City Attorney Legal Opinions Dated: February 20, 1987 April 29, 1987 7) Final Order #87-17 8) Unapproved Minutes of May 14, 1987, Board of Appeals and Adjustments Meeting C/ Law ORME* HOFF & ALLEN E'50 SUBURBAN NATIONAL BANK BUILDING ass PRAMS WRVS ( GEORGE C MOFF• BORN PRAIRIB,MINK■ .Ba■I RED WING OFFICE TEO A ALIEN IC I a)941.111111O ISIFI38B-3867 OAVIO N. ANDERSON PATRICIA E-KUDERER JORUNE.GROE 'Mao ANnKild.n W.CRrtiWn May 15, 1987 Mr. John Frane City Clerk/Treasurer City of Eden Prairie 7600 Executive Drive Eden Prairie, Mn. 55344 Re: Variance Request 87-17 Ashland Oil, Inc. Property located 16425 West 78th Street Our File No: 2235-002 Dear Mr. Frane: This letter is being written on behalf of Dr. Alston Lundgren and Eden Prairie Family Physicians located at 7800 Eden Prairie Road, Eden Prairie. Pursuant to Section 2.11, Subd. 4, of the Eden Prairie City Code, Dr. Lundgren hereby seeks review of the decision of the Board of Appeals and Adjustments made May 14, 1987, granting the variance request of Ashland Oil, Inc. Please advise the undersigned as to the Council decision on review of the granting of the variance. Sincer y orgeCE - HOFF S ALLEN GCH:lp cc: Dr. Alston Lundgren C TO: Eden Prairie City Council FROM: Residents of Terrey Pine Drive MAY 6 1.237 • DATE: May 22, 1987 RE: Request for a hearing to appeal the Variance Board decision concerning the SuperAmerica rear access on Terrey Pine Court. Dear Councilmember: Please be advised that the residents of Terrey Pine Drive in Eden Prairie wish to request a hearing with the City Council to appeal a recent decision for a variance request by Ashland Oil and SuperAmerica that will have a rather severe impact on our neighborhood. This entire process has been very lengthy and has involved many meetings and man-hours. Most of this is a matter of public record. However, we feel the Variance Board made its decision using the incorrect criteria (according to how the city ordinance is worded and may be interpreted). We would like very much to have the opportunity to clarify some of the facts and restate our position on this matter. If a preliminary meeting with the City Council members and especially the residents of Terrey Pine whose property will be directly affected by the SA variance is in order, please contact me. We will do whatever is necessary to make this process as nuisance-free as possible. Please give this request your most sincere consideration as many families are affected by this decision. Thank you for your cooperation. Respectfully submitted by Anne Spletzer and all of the residents whose signatures appear on the enclosed. (My home phone is 934-7157, Office 937-1500.) 11I cc: George Bentley Patricia Pidcock Richard Anderson Jean Harris Enclosure J�Q\� TO: Variance Board / _ FROM: Residents of Terrey Pine Drive, Eden Prairie o�..y" 1*-(b��..-.—" DATE: May 14, 19874alAk...541?)-4- After meeting at length with the representatives of - a -4 Ashland Oil and SuperAmerica, and being unable to reach a '�/ C7 , solution that is satisfactory to all parties concerned, the residents of Terrey Pine Drive askthe Board to allow their original decision to stand: that is, to deny the variance .4'0--to SuperAmerica for an access at the rear of their station - (on Hwy 5 & CR 4) routing traffic to Terrey Pine Drive and n() . Terrey Pine Court. We unanimously oppose a rear driveway IU�O��C/Ai under any circumstances that allow heavy commercial traffic to be routed through a residential neighborhood. However, the residents support SA in asking the City Fa �LG^ of Eden Prairie to represent us along with SA in petitioning Hennepin County to remove the median planned for the Hwy. 67 ,(lR 4 expansion project. If this change were made, there would 110P,', no longer be a need for a rear access at SA. We hope the ' I�' 1 City and County will give this th 'r most sincere and object- ' 0/V/�nI tive onsideration. ' it/ WIN, �Gt R ' �; 11' / 4''' fir- ,' lA, , Aff/Adfile / ( q46eY gj, 11 y2ud., W ` 1 CITY OF EDEN PRAIRIE BOARD OF APPEALS AND ADJUSTMENTS NOTICE OF PUBLIC HEARING REGARDING VARIANCE REQUEST #87-17 TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Board of Appeals and Adjustments will meet at the following time and places: 7:30 PM Thursday, April 9, 1987 *NOTE BOTTON OF PAGE At the Council Chambers, 7600 Executive Drive, Eden Prairie, City Hall, Eden Prairie, MN 55344 to review and consider the variance request #87-17, submitted by Ashland Oil, Inc. for Property located at 16425 W. 78th Street, Eden Prairie, Minnesota,—igiTly aescriibed as: L Blo i 1 Ashland Addition. The request is for a variance from City Cede, Chapter 11, Section 11.03, to permit a driveway zero feet from the north side lot line and ' from the south fide lot line. (City Code requires a�riveway to be a minimum oTTO' from a side o line. Written or oral comments relating to this variance request will be heard at this meeting. Said variance application is on file for public review at the Planning Department at Eden Prairie City Hall. Published in the Eden Prairie News City of Eden Prairie March 25, 1987 PLANNING DEPARTMENT , * This variance request was continued from the April 9, 1987 Board of Adjustment and appeals to the May 14, 1987 meeting. t F y as.r��A iA c�.,1717 L` t l�yj�].�,'L ,i,'.rE+ r�- �T ' its ,,,Air* +Li, ,its h A 7 1 • t I-flrl. �.` t,P,c"t1-;' r`} ..i.. _.s 'i a n.. t. f.( it aK '` � I,K-• CIti+ oJlf t�s�'r 1'� - �z j9¢.,y'•.;,, 1 y, ,• ¢M1 3S 'I r P` p. li - ti J ''1.�/r k ;, ay!` '�y !r i� 1, 7 l {i vsr,il i« i f1'x-,.i ,)� s 1, at, t, tttt� `.,E(i 51-y a,,. 'J ;:..i. ,�t ,}. 411ir ter, .. wtiR"y,',.` •,"t[�r 'Y., 1 -r�[ r i.4 }�y ,.��, i' ,. � � + >t �'C�., • .,.. I�fh y ! l: '-t u d � •f" ,rc. o �+If FPi r tt„�4 t:Ptli!Yt y�JeS'�i. f F w Mr ! 'h r ; j1 rtiJ a •.Y![11. 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',,4. 9?f 4f a.AI i-. � a L..} e+}✓ mr3r1� :.. t '>• eSr t+ t- ME 1 „f-+ ''' S ! rj ,.,7 7 l 1 s,r •*sr yw WI , ;:s .�I�4a r1 i) i 1. 1f:,,kY 1,E�'P ,vtK" `�o',�i.+r�• +r a+ x r ar.. ,nn 1yge, S,ws y.- r �.f,.t �. ."t-, IM ,I.`'3r � ,i��EN��.,.f r e ! ,.;'z.4,1, r:4.17,4e. a. 4 ' >�t ILfc.. • t '• +.e-rlyfj�� yy�� 1 ., �+-v40.,_—�.�ri'LC........ • -� ��-f.+i i' �T� •11�i14�Ctr41.i�'Y' c. a.,}L�. �tJ:�. V.t •r��. 1 3, \- VC ance No. y CITY OF EDEN PRAIRIE Recaipt �,-_ C VARIANCE REQUEST APPLICATION DATE: March 11 1987 APPLICANT'S NAME: hland Oil Inc. ADDRESS: west 98th Street Blocminoton, MN 55431 PHONES: Work 887-6194 or Gustafson & :bG REQUEST FOR Tyson 835-7277 VARIANCE AT: 16425 West 78th Street, Eden Prairie LEGAL DESCRIPTION: Lot 1, Block 1, Ashland Addition FEE: A) $75.00 - Residential (includes building additions, decks, and B) 5125.O0 - Other - Code interpretations) with office, indu commercial property and variances sassociated swith snewate development/construction)al. REASON FOR VARIANCE: Proposed driveway easement does not meet minimum setback i line. Submission Requirements: ( 1) Reside - 8 1/2" x 11" proResed ntractures and survey showing lot lines and setbacks elevations, uctures andalocationpofnbuildings on adjoining of existingdinc anc d pertinent topographical�features es. osuch,as trees. fences, berms, steep sloPeS ponds, roads, and existing and proposed elevations, tvhict have bearing on the variance request. • 2) Other - 8 1/2" x 11" survey showing lot lines and setbacks of existing and structures. Where surveys are larger than 8 1/2" x 11", 9 copies of site plan folded to 1' 1/2" x 11" will be required. Also include landscape plan, proposed features such as trees, fences, berms, steep slopes, ponds, roads, and exiting an( proposed elevations, which have bearing on the request. Pertinent topooraphica 1 3) Letter addressed to Board of Adjustments and Appeals, explaining request and reason(s) why conformance to the literal provisions naturey of deriant( �iI Vp 1L INC. of the City's code wouk ASH WATJ�Y L, I �Glpa icant's Siq nature �r /J• f Roman hrueller 'Fee Owner'sSignatur Notes to Applicant; BY: Roman Mueller (Land Owner 1. The Board meets on Administration Building,t8100 Schoolhe 2nd Road, EdenfPrairie, MN 55344 2. Applications must be filled, no later month, 7:30 p m to the m evjou 3eating date. than 2nd Thursday of the month Notices are published in the Eden Prairie flews and Previou within 500 feet. Applicants are mailed to 1 property owners,0e prior to the hearing, to personallyproperty owner• prepared to address their concerns at, order to explain contact adjacent F ••;OTE; the hearing. the variance and to bt SUBMIT 9 COPIES OF ANY SITE PLANS OVER 8 1/2" X 11". li - ',!Imid' mg VARIANCE APPLICATION OF SUPERAMERICA STATIONS, INC. III SuperAnerica Stations, Inc. ("SuperAnerica") requests a variance from Eden Prairie City Code Section 11.03, Subd. (3)(H)(1). A variance is necessary to give 34 SuperAnerica full ingress/egress after County Road 4 and State Highway 5 are i upgraded for an existing facility which was the subject of a resubdivision pro- A] ject approved by Resolution No. 84-291. Strict enforcement of the ordinance 1 34 would cause SuperAnerica undue hardship because SuperAnerica would be denied the full access continually promised by the City of Eden Prairie to the puhlic street known as Terrey Pine Court. This variance is being requested by SuperAnerica to enable the City to comply with its procedures. This variance 7 must be granted or the City will breach its commitments to SuperAnerica to 311 approve this access upon which SuperAnerica has relied. illSUPPORTING INFORMATION Attached to this narrative are the following Exhibits: AExhibit A: SuperAnerica Traffic and Access Study, by Barton-Aschman Associates, Inc. ) 111 Exhibit B: Proposed Drive Opening, Sunde Land Surveying, Inc. BACKGROUND illFull access onto County Road 4 and State Ili hwa 5 has been t g y promised to i SuperAnerica from the time a median on County Road 4 was first proposed. "Excess congestion at the intersection (of County Road 4 and 1. Highway 5) may precipitate a median south of 5 on County Road 1 4. This would limit traffic into SuperAnerica to eastbound traffic on S and southbound traffic on 4. Outgoing, traffic would be limited to proceeding south on 4 and east on S." 4 ''I'il . (Staff Report to Planning Commission from Chris Enger, Director of Planning, Page 2, January 18, 1978.) The access first promised to SuperAmerica was in the form of a frontage road: "We (the Planning Staff) believe that the access question can only ade- quately be addressed through connection of SuperAmerica with a frontage road." Id. "(T)he developer shall, through the proposed service road, provide access for both the parcel south of the service road and east of Lot 1, and for the SuperAmerica Station." (Planned Unit Development and Development Agreement, Page 2 (June 20, 197$), The idea of an access by a frontage road was changed to access by a joint right-in/right-out access. "The western right-in, right-out in the 1979 plan has been removed and a consolidated right-in, right-out access with SuperAmerica Irl on the project's east boundary is proposed, as a public street, south to Terrey Pine Drive." (Staff Report to Planning Commission from Chris Enger, Director of aPlanning, p. 1 July 24, 1981.) More specifically, Hr. Enger states: "In this solution, C.O.R. the developer fowned by the Prairie Village(Chiropractic Clinic)ewould give land now i3 up its existing N.W. curb cut, and SA would agree to close its two T.H. curb cuts, as well as move its T.N. 4 curb cut M as far south as their ownership would three-for-one swap. permit. Therefore, a a 50-foot right-of-way, subject property would then dedicate ill Drive. SA would then ycompensate nthe•landowner hfor rits Pinerey por- tion of the right-of-way, and participate in ao I street construction . . . Without petition for approval the access to SA will suffer to the Dint that rn the hiRhl conoetitive, convenience oriented gasoline sales business, SA o+ will be unahle to ontinue." eratlons t (Emphasis supplied). Supplemental Submission Data to Staff Report to Planning Commission from Chris Enger, Director of Planning, p. 3 (July 24, 1981). Finally, the City settled on 2 providing SuperAmerica its needed access via a cul-de-sac (now named Ter rey Pine Court) connected onto Terrey Pine Drive which intersects County Road 4. 111 4 -2- 13 "In 1980, when the Planning Commission last entertained a rezoning request from SuperAmerica for the site, access to State Highway 5 and County ad No. 4 was e of the major SuperAmerica was to share an right-in/right-outiaccess jointly withssues. At thatiCOP. Property to the west of this site. This would involve a relocation of the western-most driveway entrance farther to the west and the elimina- tion of the eastern-most driveway entrance on State Highway No. 5. Access also involved a relocation of the driveway on County Road No. 4 to the south. Since that time, the COR Property to the west was platted with a cul-de-sac which touches the southwest corner of the site. SuperAmerica will have an access from that cul-de-sac. Access on State Highway No. 5 will be a right-in/right-out condition for SuperAmerica only." (Staff Report to Planning Commission From Michael D. Franzen, Senior Planner, to Chris Enger, Director of Planning, Page 2, September 21, 1984.) (emphasis t . added.) In a 1982 Staff Report to the Planning Commission from Jean Johnson, Assistant Planner, Johnson stated, "A consolidated right-in/right-out adjacent to the SuperAmerica Station as proposed in previous COR plans was not accomplished. This new plan utilizes a right-in/right-out near the property's western boundary. (700' + west of 4/5 intersection) and a public street access 211 to Terrey Pine Drive (emphasis added)." In this report Ms. Johnson recommende d that "Outlot A be final platted as part of the public right-of-way." Outlot A was platted to give SuperAmerica access to County Road 4 and Highway 5 via Terrey Pine Road. "Outlot A . . should be platted as part of the plat (of Mitchell 'Lake Estates 2nd Addition) to insure access in the future for the SuperAmerica station." (Staff Report to Planning Commission from Jean Johnson, Assistant Planner, Page 2 January 4, 1982.) The Planning Commission Minutes of January 25, 1982 note the Commission's detailed discussion of SuperAmerica's access problem: "Ile (the Planner) stated that SuperAmerica has had sone problems obtaining access from the public road in the area Planner) stated that he wants all land-locked parcels •un-lame locked which is the reason for recommending that the small por- tion of the land be deeded to the City as Outlot A." -3- "Redpath asked if Outlot A is deeded as public ownership, if SuperAmerica would have to go through any chanels (sic),to. get connections. The Planner replied, no." "Torjesen stated that if Outlot A is deeded ro the City, he felt that the City should be able to determine when SuperAmerica will connect to it. Beaman stated a possibility would be to deed it to the City that no rights be given, so SuperAmerica would have to return to the City for connection." "Eallett stated he wanted the City to have control over Outlot A." "MOTION 2 Torjesen moved to recommend to the City Council approval of the revised COP. PUD and rezoning from Planned Study to office as per the plans dated 12/14/81 and the staff report dated 1/4/82 adding that Outlot A be deeded to the City ... "DISCUSSION Bearman asked that Outlot A be deeded to the City as public ownership with review by the Planning Commission when and if SuperAmerica wants to be connected td the cul-de-sac and road. Torjesen and Sutliff agreed." 4, "Motion carried 7 - 0." 41 Further, the City Council in its February 2, 1982 Minutes state: "The Planning Commission expressed concern about Outlot 'A' regarding access by SuperAmerica." 411 "MOTION: Redpath moved, seconded by Bentley, to adopt Resolution B2-26, approving hell Lake Estates 2nd Addition subject to preliminarythe recommendations ccon- ll tained in the January 4, 1982 Staff„ Report and Planning Commission . Motion carried unanimously. ill The Developer's Agreement to Mitchell Lakes Estate 2nd Addition, Page 2, 1 further evidences the intent that Outlot A be a means of providing full access to SuperAmerica. rill "Owner shall not grade, nor cause to occur any construction am upon Outlot A, nor allow others to construction, ex cent driveway to Lnt 2.,,sO grade or cause (emphasis added.) • 311 -4- A 11 Outlot • • I A was platted specifically to provide access by SuperAmerica onto the cul-de-sac connected to Terrey Pine Drive. Only on Septenber 26, 1986, in a letter from Steve Durham, Eden Prairie Assistant Planner, was SuperAmerica notified that it would need a variance to construct the driveway to the cul-de- sac. SuperAmerica is now seeking this variance to satisfy an administrative procedure. f f VARIANCE REOUEST SuperAmerica Stations, Inc. requests that it receive a variance from Eden Prairie City Code Section 11.03, Subd. 3.C.7. D--------------- ISCUSSION OF VARIANCE REOUEST 1. W---------------- EN A VARIANCE IS APPROPRIATE. A grant of a variance under these circumstances is not only per- pl missible, but encouraged by the laws of Eden Prairie and Minnesota in general. I R" Eden Prairie City Code states: "Variances from the literal provisions of this chapter may be 31 granted in instances where the strict enforcement of those provi- sions would tause undue hardship because of circumstances unique to the individual property under consideration and said variances may 31 be granted only when it is determined that such acticn will be in keeping with the spirit and intent of this chapter." Eden Prairie City Code, Section 11.76, Subd. 6, See Minn. Stat. Ann. 5394.27, SI Subd. 7, 5462.357, Subd. 6(2) (West. Su pp. 1987) (The language pernitting variances in the Statutes is essentially identical to the quoted City Code Section). Eden Prairie lists its planning objectives in City Code Section 11.01: 31 "This Chapter is adopted to protect and to safety, peace, comfort, convenience, prosperity, e the generalrlc health,f and specifically to achieve the following and welfare, the implementation of the City Comprehensive oGuideiPlan as amended; (2) 311 (1) to assist to foster a harmonious, convenient workahle relationship among land uses; (3) to promote the stability of existing land uses that coniorn with the Guide Plan and to protect then from inharmonious influences' ( and harmful intrusions; (4) to insure that puhlic and private lands 1 -5- I?° • ultimately are used for the purposes which are most appropriate and most beneficial from the standpoint of the City as a whole; (5) to pre- vent excessive population densities and over-crowding of the land with structures; (6) to promote a safe, effective traffic circulation system; (7) to foster the provision of adequate off-street parking and off-street truck-loading facilities; (8) to facilitate the appropriate location of community facilities and institutions; (9) to provide human and physical resources of sufficient quantity and quality to sustain needed public services and facilities; (10) to protect and enhance real property values; and (11) to safeguard and enhance the appearance of the City, including natural amenities of hills, woods, lakes, and ponds." Undue hardship as mentioned in the City Code occurs when: "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to his property, not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the pro- perty exists under the terms of this Chapter." Eden Prairie City Code Section 11.76, Subd. 1, Sec Minn. Stat. Ann. 5394.27, Subd. 7, 5462.357, Subd. 6(2) (West. Supp. 1987). The Minnesota Supreme Court 111 . is in agreement with the City Code and State Statutes: "It (a variance) is to be used where strict application of the ordinance would cause unnecessary and substantial hardship to the property holder, peculiar to the property in question, without serving a warranted and corresponding benefit to the public * interest." Arcadia Develnoment Co rp v. City of Bloomington, 267 Minn. 221, 125 N.W.2d 846, 851 (1964). "A variance permits the opportunity for amelioration of unnecessary hardships resulting from the rigid enforcement of a broad zoning 3 ordinance, and thus avoids the acknowledged evils of spot zoning." Curry v, • Young, 285 Minn. 387, 173 t7.W,2d 410, 415 1969 ( ) (citation omitted). The I Minnesota Court requires that a variance application be judged on its merits 1 i Arather than on the number for or against it. "It is improper for a board of adjustments to place weight upon the number of protestants rather than on the ra merits of an application. The strenuous objection, of residents is not a legi- rsOC -6- 3 timate basis for the denial of a variance." Lurer v. City of Burnsville, 295 N.U.2d 609, 615 (Minn. 1980). A variance in this situation is necessary to prevent undue hardship to SuperAnerica and is in keeping with the City's planning objectives. 2. A VARIANCE IS APPROPRIATE IN THIS SITUATION. Granting this variance is necessary to prevent undue hardship and is in 111 keeping with the city's planning objectives. A variance here meets with all the /111 city's planning objectives. First, this variance would foster a harmonious, convenient workable rela- tionship among land uses. Being a good neighbor has always been a priority with SuperAnerica. The popularity of its business draws customers to surrounding !! businesses. SuperAoerica is working ng with its residential neighbors to ensure • I�r all the privacy and comfort that can be maintained near a busy intersection. An ( example is found with one of SuperAnerica's neighbors. SuperAmerica, at its own expense, has agreed to buy a privacy screen fence so that this neighbor has uninterrupted use of his backyard and so that headlights are kept from shining into his home. y. Second, a variance here promotes the stability of existing land uses that conform with the Guide Plan and protects them from inharmonious influences and harmful intrusions. A variance promotes SuperAmerica's current land use by 72111 ensuring the Eden Prairie community full access to public roads which they now enjoy. The area is presently mixed commercial, office and residential; a +tee p Sug variance will not change this. erAmerica's current use of the land is in keeping with the planned use which is "complementary to COR's residential areas and most beneficial to the elderly housing project proposed (now completed)." (Staff Report to Planning Commission fron Chris En get. Planning Director, Page I -7- • 2, May 8, 1980.) A harmful intrusion would exist if the variance were not gran— ted; westbound SuperAmerica customers, entering the station after the County Road 4 median is constructed, would intrude into areas beyond the immediate 3111 vicinity of the station when they seek access back onto westbound !!ighway 5, frustrating consumers and irritating area residents. This conclusion was set forth in a recent traffic study prepared in connection with this variance request. The study provides: It is estimated that 10 to 20 percent of SuperAmerica patrons north— bound on Eden Prairie or exiting westbound will enter and exit SuperAmerica regardless of the fact that the movement is prohibited by the median. The U—turns that would take place on Eden Prairie Road northerly of T}! 5 and at the south end of the median, southerly of TR 5 will induce significant hazard to traffic operations in the area. SuperAmerica Traffic and Access Study, January Barton—Aschman Associates, Inc. r 1987, at page 3 ("Traffic Study"). Third, a variance insures that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial from the stand— point of the City as a whole. Easy access to this gas station and convenience store benefits Eden Prairie. This station presently serves many Eden Prairie residents and denial of access to the station would affect the value of the pro— perty, frustrate patrons and divert consumer and potentially tax dollars away from the City of Eden Prairie. Fourth, the grant of a variance would not permit excessive population den— sities or over—crowding of the land with structures. This variance is sought so that a driveway can be constructed; there will be no surcharge on any land use. Fifth, a variance promotes a safe, effective traffic circulation system. The variance guarantees full, easy access to SuperAmerica. Otherwise, westbound 3 patrons would he frustrated in their attempt to go west after stopping at SuperAmerica, wandering down County Road 4 or evert entering to locate the access opening to Torrey Pine Drive which should be there, annoying residents and other -8- 2)07 z 1 road users. Full access to SuperAmerica "nay actually limit the number of cars having to cross the intersection from south of TII 5 to purchase quick stop items." Staff Report to the Planning Commission from Chris Enger, Director of Planning, Page 2 (May 8, 1980). In addition, Barton-Aschman Associates, Inc., concluded that the failure of the City to grant the variance would result in a dangerous traffic situation to SuperAmerica's patrons and Eden Prairie's highway travelers. See Traffic Study at page 3. Sixth, this variance does not affect the city's objectives of fostering the provision of adequate off-street parking and off-street loading facilities or facilitating the appropriate location of community facilities and institutions. Seventh, this variance allows SuperAmerica to continue providing human and physical resources of sufficient quantity and quality to sustain needed public services and facilities. SuperAmerica provides a needed service to the Eden Prairie community; its recent expansion evidences the great public demand for these services. Denial of full access to SuperAmerica would reduce the quality (convenience is one of SuperAmerica's Hain qualities) and quantity of those ser- vices. Eighth, there is no evidence that the variance will harm other property values. Ninth, the variance will have virtually no effect on the physical appearance of the City. Therefore, this variance is not only harmonious with the City's planning objectives but furthers them. Finally, the variance must be granted to prevent undue hardship to SuperAmerica. As evidenced by the history of this situation, SuperAmerica has always been assured that it will have full access to the public roads. As Chris Enger, Director of Planning for Eden Prairie, discussed it: "Hennepin County ( -9- 1 . f a9' .. • has presently planned for a median to be constructed from an intersection south to Terrey Pine Drive. SuperAmerica would then lose its full access to County Road 4 without weans of access by northbound county road traffic and access plus egress from westbound TU 5 traffic. Access back to Terrey Pine (is] definitely needed for this very access sensitive bus_iness." Supplemental Submission Data to Staff Report to the Planning Commission from Chris Enger, Director of Planning, Page 2 (July 24, 1981) (emphasis added). Steve Durham, Eden Prairie AlAssistant Planner, succinctly and accurately describes SuperAnerica's hardship: "Historically, plans always included a driveway for SuperAmerica in the general area, either to a private drive or to the current public road. Specifically, 4 Outlot A of Mitchell Lake Estates 2nd Addition was platted for driveway access Without the driveway access, SuperAmerica will not Nave full �, access/egress after County Road 4 and State Highway 5 is upgraded." Letter from Steve Durham, Assistant Planner, to County Attorney Roger Pauly (November 24, I 1986). SuperAmerica is merely asking for the full access to public roads that ya been it now enjoys and has repeatedly promised by Eden Prairie that it would continue to enjoy. While SuperAmerica is anxious to comply with this formality in order to construct the driveway access, it should be noted that SuperAmerica was never informed until late 1986 (in a letter from Steve Durham, Assistant Planner) that any variance would be necessary. As stated in a Staff Report to the Board of Appeals and Adjustments by Steve Durham, Assistant Planner (November 7, 1986); "Access via Terrey Pine Court was originally anned with the rezoning. However, the specific alignment of the driveway access was not determined at the time of to inadequate road frontage on zoning approval due SuperAmerica has been in negotiations over the Pine everal months, with adjacent paste several property owners to secure casements for installation of Terrey Pine Court access." jjY C 1 -1D- C I 1 iil; • "Initial construction of the Terrey Pine Court driveway was not required Isince access from County Road 4 and State Highway 5 is currently adequate. However, when the upgrading of the intersection occurs, the Terrey Pine l' Court access will be required to allow egress from SuperAmerica for traffic proceeding north on County Road 4 and west on State Highway 5. 1 j In addition, the Terrey Pine Court access will be required to allow 3 access from traffic proceeding south on County Road 4 al "Alternatives - Alternatives for a different access on to Terrey Pine I Court do not exist, due to configuration of the current property lines." I 21 "Concerns - The City anticipated that this driveway would be needed to !. provide future egress from the SuperAmerica site for traffic proceeding # west on State Highway 5 and north on County Road 4 and for access from southbound traffic on County Road 4." "Conclusion - The City anticipated an eventual driveway access for {I SuperAmerica to Terrey Pine Court with variances. No variances were granted at the initial time of zoning approval, since (the location of the) actual driveway access was not determined at that time. In addi- illtion, Terrey Pine Court was intended to service the office/commercial development adjacent to State Highway 4 and County Road 4." 3. THE EDEN PRAIRIE CODE OF ORDINANCE SUPPORTS THIS VARIANCE REOL'EST. { 1 Section 11.76, Subd. 1 of the Eden Prairie City Code (text set forth ' above at pages 5 and 6) sets forth the criteria for the grant of a variance. ( Undue hardship has been shown. al First, it has been shown by the transcripts of hearings and in staff reports of City staff and officials quoted above and the Traffic Study, that the i i reasonable (and intended) use of the SuperAmerica property will be severely 1 101 impaired if a strict interpretation of the ordinance is employed. `I i Second, the plight of SuperAmerica is historically unique to this parcel as 1 3 witnessed by the creation of Outlot A, Mitchell Lake Estates 2nd Addition. SuperAmerica did nothing to create the access issue, in fact it appears that the I City deliberately created the situation at issue here and desires that their 3 procedure be followed. ill -11- 3 Third, the variance, when granted, will not alter the essential character of the locality. Terrey Pine Court services and will continue to service com- mercial landowners. This was the Plan. The SuperAmerica station has been in operation on this site long enough to become one of the local landnarks. The driveway opening concludes the next step in the planning process for this site. Fourth, Chapter 12 of the City Code sets forth the guidelines for sub- division regulation and platting. The variance should be granted to further the intent of this chapter. Section 12.30 sets forth the minimum design standards. ) Subdivision 3(J) of Section 12.30 prohibits "reserve strips", i.e., strips of Al land which prohibit access. Outlot A, Mitchell Lakes Estates 2nd Addition was created as a reserve strip, then deeded to the City to provide access to 1 1 SuperAmerica. This Council action of acceptance of the deed was in keeping with the provisions of Subdivision 3(L), which prohibits platting which would cause undue hardship to adjoining owners and curtail convenient access. The City designated Outlot A, Mitchell Lakes Estates 2nd Addition to provide convenient access to Terrey Pine Court from the SuperAmerica site upon replat of the 1.1 SuperAmerica site. SuperAmerica has now replotted this site. The final plat a was approved by Resolution No. 84-291. The inescapable conclusion is that the variance has been inpliedly granted by the City and that this procedure is a technical roadblock to the conclusion of the development and subdivision of this property. The variance must be granted. 1 CONCLUSION ! This driveway access was approved in the 1934 Subdivision procedure, has • always been intended, has continually been promised to SuperAmerica and -12- i • SuperAmerica has relied on this promise. If SuperAmerica must request a variance so that the City can comply with its own procedures, so be it. However, a variance must be granted or the City will the breach the commitment on which SuperAmerica has relied. 311 44i I —13— HIM/SA—URI I 3 E +; • .S :EJ'tll�� t2i J 1 to st w.r •t - t7t •rJ ti 1 i ' ' • , { l•• r) rem,. • t r a .,r y\, *y i.,,,r.1 z t'.• +a.. .11"! 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'3.f. 12/ FOR TRAMP:ANTI ACCESS =BY EXIST/NG SUPERAMERICA FACILITY Locaticn: Southwest Quadrant, Trunk Hicstuay 5 and Eden Prairie Road (MAR 4) Eden Prairie, Mirmiemata :11 I 41 Prepared For: SuperAmerica, Division of Ashland Oil Cony :11 11 Prepared By: Barton-A.scIrman Associates, Inc. January 1987 1 097ECRZVE OF S1VDY The Minnesota Department of Transportation is planning to reconstruct Trunk Highway 5 ('III 5) in the vicinity of Eden Prairie Road (Hennepin County State Aid Highway - 4) in the 1988 construction season. That project includes the complete reconstruction of the intersection of TH 5 and Eden Prairie Road (CSAH 4) plus the reconstruction of Eden Prairie Road complete with a center median north and south of TH 5. SuperAmerica is located in the southwest quadrant of the intersection of TH 5 and Eden Prairie Road. The center median to be constructed on Eden Prairie Road will eliminate ingress to the SuperAmerica site from northbound Eden Prairie Road and egress from the SuperAmerica site to northbound Eden Prairie Road. The objective of this study is to analyze the impact of the proposed Eden Fran Prairirairie Road.e Road median on SuperAmerica access as well as traffic operations on The lass of the northbound Eden Prairie Road access will require the development of access to SuperAmerica via Terrey Pine Drive. An additional objective of this Tay Pine Court and is to impact of SuperAmerica traffic on Terrey Pine Court ananalyze the Terrey Pine Drive. T .: . ll I 0 1 a r t1 a2UCI Slay • Super—America Peak lams Traffic Approximately 120 vehicles enter and exit this SuperAnerica facilityduring a weekday P.M. peak hour period. Entry and exit activity the SuperAmerica driveway located on Eden Prairie Road is approximately three times greater than at the driveway located on TH 5. THY Pine Dries Pine Court Peak Hour Traffic Approximately 36 vehicles enter and exit Terrey Pine Drive at Eden Prairie Road during a weekday P.M. peak hour. Traffic volumes existing on Terrey Pine Court are approximately equal to that recorded on Terrey Pine Drive. Projected Ica Peak Boar Traffic an Torrey Pine Court With the median constructed on Eden Prairie Road and alternative are s to SuperAmerica in operation via Terrey Pine Court, it is projected that 26 vehicles will enter and 37 vehicles will exit SuperAmerica via Court during a weekday P.M. peak hour period. Basically, aerica Pill generate approximately the same volume of traffic on TerreSyPrie��wa Terrey Pine Drive as is currently operating there. and (, Projected Peak Hour Traffic an Terrey Pine Court/Terrey Pine Drive An inventory of 120 parking spaces is currently available to serve the business activity located in the vicinity of Terrey Pine Court. 11 hour period. If Approximately 40 to 50 percent of those spaces are occupied during a peak 1 Pine Court area 1st full potential of the businesses located in the Ill 1hued, the existing traffic volume will ;nc na yI ct of ca Traffic cn T r y, Pig per , Pine Drive ' They Pine Court and Terrey Pine Drive can easily accommodate the increases in traffic volumes without projected increase in hazard or impairment to traffic experiencing any significa ac.r.f. from nt Pin Drive to Eden Prairie Road should not be difficult than the existing condition. Observations indicate that there are adequate gaps in Eden Prairie Road traffic to allow the projected Terrey Pine Drive traffic to turn north and south on Eden Prairie Road without significant delay. 11 Impact of no SuperAmeri© Amass to Terrey Pine cart The construction of the median on Eden Prairie Road without providing access to SuperAmerica via Terrey Pine Court will result in a loss of at least 39 percent of SuperAmerica's current business patro:aQe. It is projected that SuperAmerica will lose some business even if access via available since the routing will be circuitous. ' Pine Court is 32 — 1 It is estimated that 10 to 20 perm of SuperAmerica patrons northbound on Eden Prairie Road or exiting westbound will enter and exit SuperAmerica regardless of the fact that the movement is prohibited by the median. The U-turns that would take place. on Eden Prairie Road northerly of TH 5 and at the south end of the median, southerly of TH 5 will induce significant hazard to traffic operations in the area. 311 The potential for loss of SuperAmerica business and inducement of hazard to Eden Prairie Road traffic without access via Terrey Pine Court is considerably more significant than the impact SuperAmerica traffic would have on Terrey Pine Court and Terrey Pine Drive and to businesses and residents in the area. I I I 3 I • 4. FJ ST=armrrxcr S 41 11 iena Use Exhibit 1 illustrates the existing land use surrounding the SuperAmerica site as indicated, the primary land use immediately adjacent to the SuperAmerica site is business consisting of a medical clinic facility, dentist office, pet hospital, insurance office, tanning business, and a c�� acprct c clinic. A residential area consisting of 23 duplex dwellings southwest of this site along Terry Pine Drive. Roay Configuration Exhibit 2 illustrates the existing roadway configuration sur=rrung and adjacent to the SuperAmerica site. These highways and streets are TH 5, ilEden Prairie Road (CSAH 4), Terrey Pine Court and Terrey Pine Drive. Currently, SuperAmerica access is provided on eastbound TH 5 and on Eden Prairie Road. Access to and from westbound TH 5 is provided via the driveway located on Eden Prairie Road. TH 5 is a four lane divided highway with channelized left turn lanes provided at Eden Prairie Road (CSAH 4). The intersection of TH 5 and Eden Prairie Road is controlled by a three phase traffic signal system. The 1 average daily traffic volume on TH 5 is 23,000 vehicles east of Eden Prairie Road and 19,000 vehicles west of Eden Prairie Road. The speed limit on TH 5 is 50 mph. Channelized right turn lanes are provided on all legs of the intern action of TH 5 and Eden Prairie Road. Currently, Eden Prairie Road (CASH 4) is a four lane undivided roadway in 11 the vicinity of this SuperAmerica site. lane undivided roadway south of Terrey a Drive. Road narrowsvere a two traffic volume on Eden Prairi0 Pine Drive. The average dailyo TH 5. The Road is 7,500 vehicleso immediately south of speed limit on Eden Prairie Road south of TH 5 is 40 mph. Terrey Pine Court and Terrey Pine Drive are two lane city streets limits of 30 mph. Currently, Terrey Pine Drive and Terre in Court are dead end streets with no provision for through traffic access. Terrey Pine Drive serves as access to the 23 west duplex residential dwelling located to the sesthwesT t og P Court serves as ads to four office buildings located the SuperAmerica site. Traffic control is provided by stop signs, stopping Terrey pine Court at the intersection with Terrey and stopping Terrey Pine Drive at the intersection with EdenPine Drive Prairie Road. Weekday P.M. Peak Firs Traffic Operations Peak traffic volumes occur on TH 5 and on Eden Prairie Road on an average weekday between 4:30 P.M. and 6:00 P.M. traffic operations during the peak P.M.utrasafff c was ho designed to forms on hic,sway system to determine the "worst cA��� impact.hour on the street and e .r� ..d' .,l , 4 •w.,q 1, • 3 1. SuperAmerica Traffic A traffic count was conducted cm to 6:00 P.M. at the P.M. may' November 11, 1986, from 3:00 St entrances TH 5 and on Eden Prairie Road. to the erica site on occurred basically between 4:3 That.M�d indicatedthat the peak hour entering and 119 exiting and 5:30 P.M..M, with 121 vehicles primary antes ting the SuperAmerica site durirg primary nw � exitingactivity occurs at thethatn hour. oThe ad total of 93 vehicles Eden Prairie Road 31 exited during that hour. Activity levels seat the Eden the site and Prairie Drive Superentrance exceed the TH 5 entrance by 3 to 1. These existing Exhibit 3. America traffic volumes for the P.M. peak hour are illustrated in 2. Terrey Pine Drive and Terrey Pine Court Traffic Traffic tic exiting Terrey exiting Terrey Pine Drive at Eden Prairie Road and 31 With the andSu Prior Pine were also between cotrrtt counted in conjunction r the hours of 3:00 P.M. and c conducted P.M.on November 11,illustrated also on Exhibit 3, indicate that counts, as .3�1 enter and exit Terrey Pine Drive at Eden Prairie goad duringvehicles peak hour and that a total of 56 vehicles enter and exit Terrey ePine 31 Court at Terrey Pine Drive during the P.M. peak hour. 3. Terrey Pine Court Business Parking Inventory and - A subsequent survey of par Occupancy November 25, 1986, betweeninventory 00 and °O P.M. to 3 00 P.M. of the business area located cy was ��on in the vicinity adjacent 4 Court The resats of that survey Pine 120 �q spaces currently indicate ta there are Terrey otal of that they were a c approximately Y available to serve those brrs ine-sses and parking inventory and occupancy an40 percent upied. The results supplementer, traffic count was cosurvey are indicated in Table 1.Pine Court and conducted at theintersection A activity on Termer Terrey Drive to �t�o tion volume Court between verify hours of 3:0el of traffic. vo4 to :00 00 P.M. in conjunction with The results of that traffic ecount were similaarking r to occupancy that conducted survey.o November 11, 1986. on 1 1 11 5 TRAFFIC PRCJECTICti AND AWL IS • 3111 Projected SuperAmerica P.M. Peak Harr Traffic Volume The center median to be constructed on Eden Prairie Road (CSAH 4) will 311 eliminate northbound ingress and egress to SuperAmerica at Eden Prairie Road. It will be required, therefore, that alternate access to SerAmeric. via Terrey Pine Court compensate for the loss of access on Eden Prairie Road. 311 It is estimated that all northbound vehicles currently entering SuperAmeric: from Eden Prairie Road (26 vehicles) will enter SuperAmerica via Terrey Pine Drive and Terrey Pine Court during the P.M. peak hour percent of the vehicles exit period. ern 56 � SuperAmerica at to travel northbound. Observations Prairie Road turn left of those Observations indicate that approximately 30 perce at tH 5, andt 0 meting vehicles turn east on TH 5, 40 percent turn wes: Percent proceed straight north on Eden Prairie Road. It is estimated that one-half of the vehicles with a northerly or easterly destination will choose to exit on 7H 5 when the median is constructed and that the other half will exit via Terrey Pine Court. It is further estimated that all of the vehicles exiting with a westerly destination on TH 5 will exit via Terrey Pine Court. Therefore, it is projected that 70 percent of the vehicles currently exiting SuperAmerica an Eden Prairie Road turning left to northbound will exit via Terrey Pine Court and Terrey Pine ( Drive after median construction. 31 Projected Terrey Pine Pine hive P.M. Peak Has Traffic Based on the assumption under projected SuperAmerica traffic, it is 311 projected that 26 vehicles will enter and 37 vehicles will exit SuperAmerica via Terrey Pine Court and Terrey Pine Drive in a weekday P.M. peak hour. These volumes are illustrated on Exhibit 4. The current peak hour volumes on similar to the volumes that would Pineadded toCou those two trreee Drive are tss if the StiperAmerica access to Terrey Pine Court is provided. It is projected 70 vehicles will exit and 52 vehicles will enterP �ected that Pine Drive and that 62 vehicles willTerrey Pine Court at Terrey Pine Drive at Eden Prairie Road duri enter and p M will exit Terrey These traffic volumes are also illustrated on peak hour period. the business activities in the TerreyExhibit 4. In the event that to the extent that all parkingspaces Pie Court areadreachistfull Terrey Pine paces are occupied, existing Pine Court and Terrey Pine Drive peak hour traffic volumes will increase proportionate to expansion of business activity. 6 A Traffic Operation arxt Capacity on Torrey Pine rrcy Pine Drive Analysis indicates that the existing capacity of Terrey Pine Court and Terrey Pine Drive is sufficient to accommodate traffic volumes generated by SuperAmerica and/or increased Terrey Pine hurt business activity wittrat 311 any significant increase in existing congestion or delay. Projected traffic volumes on Terrey Pine Drive at the inter-ecticn of Eden Prairie Road will be considerably below the level required to warrant installation of traffic signals at that intersection. Observations indicate that sufficient gaps are available in existing Friar Prairie Road peak hair traffic to allow access from Terrey Pine Drive without creating c resticz on Terrey Pine Drive. It is projected that truck traffic will primarily enter and exit 311 SuperAmerica via the TH 5 and Eden Prairie Road driveways since the Terrey Pine Court exit would prove to be very circuitous and restrictive. Projected Iapact of no SuperAmerka Terrey Pine Caret Access 1. SuperAmerica Activity Level In the event that the proposed median is constructed on Eden Prairie Road without providing SuperAmerica access to Terrey Pine Court, SuperAmerica would be inaccessible to all northbound Eden Prairie Road traffic and have no exit to accommodate the westbound traffic. It is estimated that a minimum of 47 vehicles would not enter this SuperAmerica site during the peak hours resulting in a loss of business of 39 percent. This 39 percent loss in business during the P.M. peak traffic hour is probably representative of the total loss of business to SuperAmerica with a median constructed on Eden Prairie Road and no alternate are-nc provided to Terry Pine Court. There may be some loss ^ of business to SupesAmerica if the Torrey Pine curt access is provided simply because it will be a very circuitous routing and not easily distinguishable. 2. Ir uca ent of Traffic Hazard on Eden Prairie Road With a median constructed on Eden Prairie Road and no alternate access provided to SuperAmerica via Terrey Pine Court, it is estimated that 10 to 20 percent of the people wanting to stop at SuperAmerica whose entry or exit is closed would continue to enter and exit at Eden Prairie Road in spite of the center median. This would result in a significant number of U-turn movements at the south erxi of the median, southerly of TH 5 and at the north end of the median northerly of TH 5. These U-turn movements are illustrated in Exhibit 5. The inducement of these U-turn movements during P.M. peak rush hour periods on Eden Prairie Road would introduce significant hazard to traffic operations in the area. Y 7 31 ••..... . • Not providing SuperAmerica arr.Pgs to Terrey Pine Court will result in loss of aperAmerica business and introduction of armitional traffic hazards on 7.:111 Eden Prairie Road. These impacts are considered greater than the impact of accommodating the projected SuperAmerica traffic generation on Terrey Pine Curt and Terrey Pine Drive. j j 711 2 • • :51 :11 311., 8 b N1-AiA'e �7r.etc v i...j..•�e;:4 a. .' --,N �, .r.: ,,7,4 • Y • C O / ....':,... 1 W r O O O ic:d /\ 1 Z OdOa 3aldad N303 y � ctS j C7 Cn e C 311 a a m I U m c X o W c a0 a mc' Q W V. G Q `� W 3 a N • 7lanoo 3NId A3 a d 331 • 3,..,.L___:. w7CO31 (II I l a=_iw E , n n Q V~ d u m "= fa'- —AL r)a 13a.- C Oiclif SrY w . U w m Q 1 cc _. C u 11J P ‘�_ = o 0 311 - O ty \ H E\• \ _ Q cL-( .c ,* 31— 1 \ \zyi, \‘,...,,,,..'._.,-. 4.) : N Elke(,.. "."---\ Q l \ LP O f _ r Ac (-1 gill __..__...,. y:. c � a � o 4-0 0 c O ydwpE 0V0H 3dlddd N303 tr 'WV'S.° C� W 0 ; ' 77 U x o A7. 3 f 0. o cr.c W c G o a. x 311 COI Q Ill la. aCO 0 {r Q j a /17 Q1 CC C x al E h 18noo 3NIa A3dd31 ILI 0 o I tw / 11; —I� �_ vi = w o a u o o _ a C Lc. O O w c c U _u �• _3 ..7.1 C� 1.0 °a I~ U so6/ a C N rI igig G1 0. 'I l9 31 LO 3 g I ..,....n ' e. ' ' ' O C I b. o i H- - 1 a 0 10 ft ')- _1 T ``' "V':'^-4<'` 1sht:;=%2.;r,—eP1.'i"�.. Ar.%!4,*IvPR=::ic4 w.waM.t:...:;.w:...o.o-a--.-. .+r---... a (17' �n0rth . 4 3( cijQ 21 i 34 i �ti 27 Sry s 3 3 [7, 3 SUPEAAMERICA :.4 67 y 53 3 41 MI U c 26' i a BO ,. zi 311 t 33 i 29 31. t J \ 0 NI"__26 Terrey Pine Drive 2 3 10 7 71 r , _ Existing Peak Hour Traffic Volumes za 0 Barrton-Aschman .Associates. Inc. Exhibit 3 'hort h • 21 y V ."------------<j ' . 43 STN s 31 4111 11 il II i 37 SUPERAMERICA 1 / ► / / 67 I 26 / Proposed Access j I (. at 3 10 1 a I Proposed I Median I 1 ill 1 t I 70 •91 1 ' lk---52 i I 3 3 1 Terrey Pine Drive 60 I t 0--; ^� I wry Projected Traffic Volumes with Revised Site Access 1 ^1 Barton-Aschman Associates, Inc. •ivl Exhibit 4 `�_ 12 • Shopping ji Center i n o r t h No Scale • X Proposed Median :. :, • Srh s <2 J a Potential hazardous traffic Q \ operation to access SUPERAMERICA SUPERAMERICA from ' northbound CSAH 4. i . C Prohibited Movement 1 I, 0 U _s a Proposed Prohibited movement --- Median . Potential hazardous traffic operation to access ' Terrey Pie Drove westbound STH 5 from SUPERAMERICA. 5 1 ThOSUPERAMERICA and Traffic Operations ^ without Proposed Access • ffi) ,u1 Barton-Aschman Associates, Inc, to Terrey Pine Court 13 /3;J Exhibit 5 ;0 ' Table 1 Parking Occupancy Survey Lot Location No. of Spaces No. of Spaces Occupied Occupied Eden Prairie Family Physicians 52 24 46 Pet Hospital 9 4 44 Dentist/Insurance/ ypractnr 31 10 32 f Dentist 28 12 42 Survey conducted November 25, 1986, 2:00 to 3:00 P.M i. 9 I t4 1 4. 9 f 1 i i 1 s i 014 Z it—6—g-7 c Se54/4t0 411e-di ifrP7-/7 ✓ ,. /24 edias Aivei ).41a,e+ „tilagi....c 71i44%-/-1,5"-IakAi, 24614amaze_A„ a,c(_ -1-406/ ji3Ora-kieleiLi‘ 41/V-4td f /G7p %�.7 gN� Dic I3?v • MEMO • TO: Board of Appeals and Adjustments FROM: Steve Durham, Assistant Planner DATE: May 7, 1987 RE: May 14, 1987, Board of Appeals Meeting I. VARIANCES A. Variance Request #87-17, submitted Ashland Oil, Inc., for property ocT ated-at 16423 West 78th Street, Eden Prairie, Minnesota. The request is for a variance from City Code Tl pter 11, Section 11.03,to permit a drivewa zero feet from the north lot line arTd-five feet from the south lot line. City CRT-requires a cTriveway to 6e a minimum of 1O-Teet from a sine 01 twine). TR-f item was continued from April 9, 19877-— Background - This item was continued from the April 9, 1987, Board of Adjustments and Appeals meeting. Please note the Staff Report dated April 2, 1987. (Note ExhibitA ). The item was continued in order to allow the applicant additional time to address issues the residential and business neighborhood expressed. Increase vehicular traffic and associated nuisance generated from the traffic was the major concern expressed by the neighborhood. Specifics included safety of children on Terrey Pine Drive, safety of pedestrian traffic, and misdirected vehicular traffic on Terrey Pine Drive. Currently, sidewalks do not exist on Terrey Pine Court or Terrey Pine Drive. • Representatives of Super America have discussed with the City installation of a sidewalk on. Terrey Pine Court and Terrey Pine Drive as a mitigative measure for pedestrian safety. The sidewalk would be available for all pedestrian traffic utilizing SuperAmerica and school age children walking to and from County Road #4. (Note Exhibit B ). At the time of this writing, SuperAmerica is working with the CiTrErigineering Department on the feasibility of the sidewalk installation. In addition, SuperAmerica is working with the Engineering Department to design an acceptable sign program directing vehicular traffic to SuperAmerica. The purpose of the sign program is to mitigate excess traffic on Terrey Pine Drive, limit the size of trucks utilizing the SuperAmerica entrance, and control road speed. Conclusion - The issue before the Board is to determine if the granting of a variance to permit a driveway zero feet from the north lot line and five feet from the south lot line is a reasonable request. Related to the request are factors regarding increased traffic and safety hazards in the neighborhood should a SuperAmerica entrance be provided on to Terrey Pine Court. The Board has received a historical account regarding the development of the Mitchell Lake PUD and SuperAmerica site which anticipated a driveway. A traffic study prepared by Barton-Aschman Associates, Inc., states Terrey Pine Court/Terrey Pine Drive can facilitate the increased traffic generated by SuperAmerica. Page 2 The Board also received testimony, at the last Board of Appeals meeting, from the immediate residential and commercial neighborhood in opposition of a Superpinerica driveway on Terrey Pine Court. Should the Board choose to grant Variance Request #87-17, adoption of a resolution stating specific findings and conclusions need to be incorporated in the motion. Should the Board choose to deny Variance Request #87-17, adoption of a resolution stating specific findings and conclusions, need to be incorporated in the motion. / I t 133z Board of Appeals Staff report dated: April 1, 1987. C. Variance Re nest #87-17, submitted ta Ashland Oil, Inc. for property located if-rups st th Street, Eden Prairie Minnesota. The request is for a var ace m 1 ty Coode Cha ter lotion 11.03, to permit a driveway zero feet rom the nortt lot me a�T�from the south lot line. (City Co3e re uires a driveway to be a minimum o7 1-0 from a side-Tot line.) Background - The applicant, Superpmerica, was before the Board of Adjustments and Appeals, on November 15, 1986, seeking the same variance request as currently submitted. The applicant withdrew Variance Request #86-51, at the November 15, 1986 meeting, in order to allow time to work with the neighborhood concerns, City Staff, and prepare a traffic study. The applicant has worked with City Staff on several alternatives in which a driveway could be placed without a variance. The alternative would include on the part of Superpmerica property acquisition, rezoning, and platting. Because the feasibility of this alternative is in question, as other land owners are involved, the applicant is first pursuing a variance to install the driveway. The applicant has now reapplied for the variance request. Historical Background - The historical background includes not only the Superpmerica site, but also the Mitchell Lake Estates PUD. (History) SuperPmerica Site - In March of 1967, Sun-Ray DX was granted a special use permit to construct a service station in the southwest corner of the intersection of State Highway #5 and County Road #4. The zoning of the property at that time was general multiple dwelling/limited commercial. In 1969, Ordinance #135 was adopted and the property was transferred to the Highway Commercial Zone and subsequently placed in the Plan-Study District. In 1974, the property was purchased by Q-Petroleum and operated as a filling station. In July of 1977, Superpmerica purchased the property. Superpmerica applied for rezoning in December of 1977, to allow an 800 square foot expansion to then existing building for a convenience food store. At the time, primary concerns were traffic congestion and the additional commercialization at the Highway #5 and County Road #4 intersection. Zoning for the property did not occur at that time. On May 12, 1980, the Planning Commission entertained a another application for rezoning from Rural to C-Highway. The application was withdrawn. In 1984, Superpmerica applied for rezoning of the property from Rural to C- Highway, platting of 1.35 acres into one lot and a Comprehensive Guide Plan change from Office to Commerical. The Planning Commission and City Council approved the subdivision with the understanding that SuperAmerica in the future would have access to Terrey Pine Court. Superpmerica's approved plan showed a driveway access to Terry Pine Court. Access to Terrey Pine Court was anticipated with the upgrading of County Road #4 and Highway #5 intersection. Between 1978 and 1981, the property to the southwest of Superpmerica known as, Mitchell Lake Estates PUD, was also under several development proposals. (History) Mitchell Lake Estates PUD - In 1978, a Planned Unit Development and zoning occured on approximately 19 acres in the southwest corner of Highway #5 and County Road #4. The zoning included subdivision of 48 duplex lots zoned RM-6.5, an office site of 1.7 acres, and a future site for (32 Exhibit A Page 1 ( elderly multiple housing fronting on Highway #5 (Note Exhibit 8)SuperAmerica was not included in the PUO, however, it was established Citthrough of Eden Prairie, dated June2D,nt be1978 Cthat Investment would Company be available for the SuperAmerica site to the southwest service road. At that time the service road was a private drive. In 1979, the Mitchell Lake Estates PUO was amended to include a 25,000 square foot office building and 64 unit four story residential elderly conplex fronting on Highway #5. In 1981, the Mitchell Lakes Estates PUO was again amended to eliminate the 25,000 squre foot office building and 64 unit elderly housing complex. Instead,wasmade three OutlotrAated. At was createdhat time,and deeded torrey thePine Co City urt of Eden Prairie for the purpose of access to the SuperAmerica site (Note Exhibit C). (History) Ingress/egress SuperAmerica Site - Ingress/egress to the Super- America site currently includes a right-in/right-out driveway on Highway #5 and a full ingress/egress driveway on County Road #4. For the past 10 years, plans have been in progress to upgrade the intersection of County Road #4 and highway #5. Final plans include installation of median strip south of Highway #5 on County Road #4 to Terrey Pine Drive. The SuperAmerica full ingress/egress driveway on County Road #4 will become a right-in/right-out driveway. Full ingress/egress driveway for SuperAmerica was planned via Terrey Pine Court. Initial construction of SuperAmerica's Terrey Pine Court driveway was not required in 1984, since access from County Road #4 and Highway #5 was adequate. The upgrading of Highway #5 and County Road #4 intersection is scheduled for the 1988 construction season. SuperAmerica plans to connect to Terrey Pine Court to allow for a full ingress/egress driveway, prior to upgrading of the intersection. Variance Request - City Code requires a minimum setback of 10' between the end of driveway return and property line. The minimum width of a two-way driveway is 24'. SuperAmerica frontage on Terrey Pine Court is 31', therefore, the driveway setback cannot be accomplished. The approved SuperAmerica site plan indicated access to Terrey Pine Court via Outlot A. However, close inspection reveals that the driveway could not be installed and meet Code. SuperAmerica has submitted a request with a driveway 0' from the north property line and 5' from the south property line. This plan has been revhas ewed by been e Engineering r been securedfromtheChiropractic tn d found n acceptable. c b Clinictothewestof�thensiteSemThe purpose of the easement is to allow for snow storage after plowing the driveway. Alternatives - Alternatives to minimize the variance request are limited due to existing location of property lines and exis ting land and use. The applicant has submitted a plan which involves replatting and rezoning of property between the Chiropractic Clinic and SuperAmerica site, which could Exhibit A Page 2 C C meet Code and \\\allow full access to Terrey Pine Court without variances. However, SuperAmerica has pursued the variance alternative first. Nei hborhood Concern - The surrounding neighborhood has voiced concern lf- IL regardin4--TFET-Tiliili vehicular traffic on Terrey Pine Court; increased traffic on Terrey Pine Drive in the duplex area; safety issues relating to school aged children and busing; increased traffic congestion at County Road 4 and Terrey Pine Drive intersection; increased truck traffic on Terrey Pine Court/Drive; and privacy for the duplexes adjacent to Terrey Pine Court/Drive intersection. Traffic Study - Superpmerica had prepared a traffic study by Barton-Aschman Associates, Inc. Conclusions from the traffic study are as follows: "Terrey Pine Court and Terrey Pine Drive can easily accomodate the projected increases in traffic volumes without experiencing any significant increase in hazard or impairment to traffic operations. The access from Terrey Pine Drive to Eden Prairie Road should not be more difficult than the existing condition. Observations indicate that there are adequate gaps in Eden Prairie Road traffic to allow the projected Terrey Pine Drive traffic to turn north and south on Eden Prairie Road without significant delay." Based on the traffic study submitted, Terrey Pine Drive, between the hours of 3:00 p.m. and 6:00 p.m., have 69 vehicles entering and existing. 't. Should access for a driveway be granted onto Terrey Pine Court, the projected traffic volumes, between the hours of 3:00 p.m. and 6:00 p.m., have 132 vehicles entering and exiting Terrey Pine Drive. Basically, traffic Accordingvtoume will the trafficouble on study theTerrey road Pine systemDrive canand handley thene oor . traffic volumes. proposed School Age Children - Currently, school age children from Terrey Pine Court have the following busing service. Kindergarten through 6th grade are picked up/left off at the Terrey Pine Drive/Terrey Pine Court intersection. The bus backs onto Terrey Pine Court in order to get back to County Road #4. Grades 7 through 12 are picked up/left off at the County Road #4 Terrey Pine Drive intersection. No sidewalks exist on Terrey Pine Drive between Terrey Pine Court and County Road #4. Truck Traffic - Currently, Terrey Pine Drive is signed with a limit of 7 ton axle weight. This will limit the amount of delivery trucks utilizing Terrey Pine Court. Terrey Pine Drive is also signed at the intersection of Terrey Pine Court with a no outlet sign. Privacy - Residential property most affected by the SuperAmerica access is 16475,16477, 16503, and 16507. Screening for these properties may be accomplished through a fence. Conclusion - Ingress/egress for the SuperAmerica site onto Terrey Pine Court as-b nticipated. Special provision where included in the developer's agreement for Mitchell Lake Estates PUD, dated June 10, 1978, for access on Exhibit A Page 3 a private drive. In the Mitchell Lake Estates 2nd Addition developer's agreement, signed on March 16, 1982, Outlot A was provided in the plat for the purpose of ingress/egress for the SuperAmerica site. A left turn signal phase traffic light has recently been installed at Highway #5 and County Road #4 intersection to help alleviate traffic congestion at peak hours. The upgrading of County Road #4 and Highway #5 will also help alleviate congestion during peak hour periods. Based on the traffic study submitted, the Terrey Pine Court and Terrey Pine Drive roads system can accomodate the increase traffic flow. The Board may choose one of the following alternatives in reviewing the variance request: A) Approve Variance Request #87-17 as submitted with the following conditions and findings: Conditions: 1) Submit to the City, a copy of an executed easement agreement between Prairie Village Chiropractic Clinc and SuperAmerica. 2) Superpmerica install weight restriction signs at the SuperAmerica driveway at Terrey Pine Court prohibiting trucks over 7 ton axel weight on Terrey Pine Court/Drive. 3) SuperAmerica install a privacy fence for property owners at 16475, 16479, 16503, 16506, and 16507 Terrey Pine Drive. A Letter of Credit in the amount of 150% installation cost be submitted to the City. Finding: - An ingress/egress driveway for SuperAmerica onto Terrey Pine Court has been anticipated. The intent of Qitlot A was to provide this access. Based on the traffic study submitted the road system can accomodate the increased traffic flow. 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L..:j 17 Li 19 • ,ar.. •ii"( `I _ r•t(�-t�J:, ..:; f�i • mo o...,,y f° : !:-j(`,A. f I l'hli '-3 N • :.. �s 1 -.___Thi '•.:„tat if i rn y. + ik m \ tJ �I(rl1.�`�� I � �z— _ FerreyRite£etit -—- - :� V� I �f . ' 3.51 �,v �i .b, t ;o 37Fri D I -jcn o / �0 e i J. I •f 1y '2',. /— y Z) ..L.) ----- County Road q * , • ca - _...___ ...__ \ -- • ) , , ,i, ,,, iii .7 =N) / 3:-) / / Exhibit B MEMORANDUM TO: RAP FROM: DPM DATE: 2/20/87 RE: Variance for Driveway Access/Superamerica I. BACKGROUND We have been requested to issue a legal opinion regarding where the City stands if it issues or denies Superamerica a variance for driveway access to Terry Pine Court at the rear of its lot. The redesigning of the intersection at State Highway 5 and County Road 4 will cause the Superamerica station to be with limited ingress and egress unless it is allowed access out the back of its lot onto Terry Pine Court. Under the new design there will be right/in and right/out access to Highway 5, as well as righc/in and right/out access to County Road 4. What Superamerica desires is a way for people to enter and exit from and to the left on County Road 4. The only way this can be achieved is through Terry Pine Court which accesses to Terry Pine Drive which in turn accesses on to County Road 4 clear of the area of the intersection where raised concrete medians will be erected. Apparently City plans have always included a driveway for Super- america in the general area, either to a private drive, or to the current public road. Outlot A of Mitchell Lakes 2nd Addition was platted for driveway access. People from the surrounding neighborhood strongly oppose the variance, because of the increase in vehicular traffic it will create on Terry Pine Court and Terry Pine Drive. Terry Pine Court presently services only commercial offices and no residences. However, it passes by one residence. Terry Pine Drive provides access to Terry Pine Court from County Road 4. It also ser- vices many private residences. Between County Road 4 and Terry Pine Court, Terry Pine Drive passes by three private residences. Super- america offered to put up fences along one lot on Terry Pine Court and four lots along Terry Pine Drive. i '�4() • Eden Prairie City Code § 11.03, Subd. 3.H.7. (c) requires that all two-way driveways abutting public streets have a maximum width of 30 feet and a minimum width of 24 feet, with a minimum width of 30 feet at the street curb. It also requires the minimum distances between the end of the driveway return and the property line be 10 feet. The variance that the City is being asked to consider is to allow a driveway 0 feet to 5 feet from the property line, rather than 10 feet. Apparently if Superamerica builds the minimally wide driveway of 24 feet, the driveway will touch the noth property line and lie 5 feet from the south property line. II. LEGAL ISSUES Do legal factors favor granting or denying the variance? Which action would create less risk of liability? III. ANALYSIS 1. Standards for Granting Variances Eden Prairie City Code @ 11.76, Subd. 1 includes standards for the granting of a variance. It reads as follows: SEC. 11.76. VARIANCES. Subd. 1. Purposes and Authorization. Variances from the literal provisions of this Chapter may be granted in instances where the strict enforcement of those provisions would cause undue hardship because of circumstances unique to the individual property under consideration, and such variances may be granted only when it is determined that such actions will be in keeping with the spirit and intent of this Chapter. 'Undue hardship' as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to his property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this Chapter. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. variances shall be granted for earth sheltered construction as 387 (4-30-84) S 11.76 defined by statute when in harmony with this Chapter. The Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located. The Council may permit as a variance the temporary use of a one family dwelling as a two family dwelling. The Council may impose conditions in the granting of variances to insure compliance and to protect adjacent properties. 1 • The language of the Eden Prairie Ordinance comes directly from M.S. § 462.357, Subd. 6 which addresses the power of local boards of appeals and adjustments. In the section describing the pwers the local boards have regarding variances, the state law i l includes the standards used in the Eden Prairie Ordinance. Eden Prairie City Code § 11.01 includes the objectives of the Chapter which are most likely what is referred to above as the "spirit and intent" of the Chapter. It reads as follows: SECTION 11.01. OBJECTIVES. This Chapter is adopted to protect and to promote the public health, safety, peace, com- fort, convenience, prosperity, and general welfare, and speci- fically to achieve the following objectives; (1) to assist in the implementation of the City Comprehensive Guide Plan as amended; (2) to foster a harmonious, convenient workable rela- tionship among land uses; (3) to promote the stability of existing land uses that conform with the Guide Plan and to protect them from inharmonious influences and harmful intru- sions; (4) to insure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial from the standpoint of the City as a whole; (5) to prevent excessive population densities and over-crowding of the land with structures; (6) to promote a safe, effective traffic circulation system; (7) to foster the provision of adequate off-street parking and off-street truck-loading faci- lities; (8) to facilitate the appropriate location of com- munity facilities and institutions; (9) to provide human and physical resources of sufficient quantity and quality to sus- ( tain needed public services and facilities; (10) to protect and enhance real property values; and, (11) to safeguard and enhance the appearance of the City, including natural ameni- ties of hills, woods, lakes, and ponds. 2. The Test Notice that variances may be granted where strict enforcement of the City Code would cause undue hardship because of circumstances unique to the individual property and only when such actions will be in keeping with the spirit and intent of the Chapter. "Unique hardship" means (1) the property cannot be put to a rea- sonable use if used under conditions allowed by City Code; (2) the plight of the landowner is due to circumstances unique to his property not created by the landowner; and (3) the variance will not alter the essential character of the locality. Caveat: Economic considerations alone shall not constitute undue hardship if reasonable use of the property exists under the terms of this Chapter. 3. Application of the Test to this Variance Request • One can apply the ordinance to the Superamerica variance request as follows: -3- A. Factors Favoring Granting 1. Unique Hardship (a) Operation of the station with limited ingress/egress right in/right out only may be economically unreasonable and it is certainly geographically unreasonable; (b) Superamerica's plight is due to unique circumstances caused by the State Highway Department not created by Superamerica; (c) The variance will not alter the essential character of the Terry Pine Court area, because the road already serves exclusively commercial properties. Caveat: It is not economic factors alone which motivate the variance. A right in/right out system will cause people traveling westbound on Highway 5 to turn around somewhere to come back and hit the right in. People traveling north on County Road 4 must travel up and turn around to hit the right in off of 4. When people leave the right out on Highway 5 they must travel up 5 and turn around if they want to go west. If they leave the right out on 4 they will have to go south and turn around if they wish to go north on 4. This could be very dangerous and create increased traffic hazard potential. 2. Spirit and Intent of Chapter Some of this section is very vague, however, support for the variance may be found in the following objectives: (a) (1) To assist in implementation of the City Comprehensive Guide Plan -- the driveway was included on the plat for the area. (b) (4) To insure that public private lands ultimately are used for the purposes which are most appropriate and most beneficial from the standpoint of the City as a whole -- If a variance is granted four residences will be affected, as compared to major traffic circulation routes of the City which could be affected if variance is denied. (c) (6) To promote a safe, effective traffic circulation system -- as previously noted traffic circulation will be assisted by the variance. (d) (10) To protect and enhance real property ): values -- lack of ingress and egress may devalue the Superamerica property. -4- ►3u3 B. Factors Against Granting 1. Unique Hardship Economic considerations alone shall not constitute undue hardship if reasonable use for the property exists under the terms of the Chapter. Stretching this very far, one could argue that if Superamerica is denied the variance it could (a) still operate with right in/right out driveways, or (b) could sell the land and/or turn it into some other use than a gas station, which wouldn't require good ingress and egress. 2. Spirit and Intent of Chapter The following objectives provide support for denial of the variance: (a) (2) To foster a harmonious, convenient workable relationship between land uses -- a commercial road should not run through a residential area (BUT IT ALREADY DOES). (b) (10) To protect and enhance real property values -- the increased traffic may devalue the residential property. (c) (11) To safeguard and enhance the appearance of City. . . -- one less driveway might conceivably look better. 4. Conclusion Regarding Application of Test It appears that an application of the ordinance test to the vari- ance request, results in many more factors in favor of the variance. 5. Judicial Standard of Review of a City Council Decision Regarding a Variance In VanLandschoot v. City of Mendota Heights, 336 N.W.2d 503 (Minn. 1983) a landowner appealed from the decision of the City Council denying his variance request to subdivide his lot. The Supreme Court upheld the City Council's decision, stating that its standard of re- view is "whether the municipalities action in the particular case was reasonable." Furthermore, the Court stated that the reasonableness of the action is measured by the standards set out in the local ordinance (not the state statute providing that municipalities may grand ordinances) "since municipalities have been given broad discretion to decide these matters." C -5- • Therefore the "objectives" sections of the Eden Prairie Ordinance could be considered as well as the "Undue Hardship" section which simply treats state law. Furthermore, the Court stated that any Court examining the City's action must ascertain whether it was arbitrary and capricious, or whether the reasons assigned by the governing body do not have the slightest validity or bearing on the general welfare of the immediate area, or whether reasons given by the body were legally sufficient and had a factual basis. The fact that a court reviewing the action of a munici- pal body may have arrived at a different conclusion, had it been a member of the municipal body, does not invalidate the judgment of City officials if they acted in good faith and within the broad discretion accorded them by the statutes and relevant ordinances. IV. CONCLUSION If one applies the factors contained in the City Code to the Superamerica variance request, one finds more factors in favor of grant- ing the variance than denying it. Furthermore, if the Board of Appeals and Adjustment or the City Council makes careful findings which address the ordinance factors, it is unlikely their decision will be disturbed r on appeal. 4 -6- hW MEMORANDUM TO: Board of Adjustments and Appeals FROM: Richard F. Rosow and Diana P. Massie THROUGH: Steve Durham DATE: April 29, 1987 RE: SuperAmerica Variance Request ISSUE Whether the City of Eden Prairie may be estopped from denying SuperAmerica driveway access to Terry Pine Drive. TEST The test for application of estoppel against a local i government exercising its zoning powers is as follows: A local government exercising its zoning powers will be estopped when a property owner, (1) relying in good faith (2) upon some act or omission of the government, (3) has made such a substantial change in position or incurred such extensive obliga- tions and expenses that it would be highly inequitable and unjust to destroy the rights which he ostensibly had acquired. Stated somewhat differently, before plaintiff can be said to have made a significant investment deserving of judicial protection in a land use case, he must demonstrate expenditures that are unique to the proposed project and would not be otherwise usable. Ridgewood Development Co. vs. State, 294 NW2d 288 (Minn., 1980); quoted with approval in City of Eden Prairie vs. John Liepke, CI-87-1736 (MN Ct. App., April 3, 1987). i t.' l 1 Page -2- Furthermore, A party bringing a claim of estoppel against a governmental entity has a heavy burden of proof. Ridgewood, 294 NW2d at 292. The party must first show wrongful conduct on the part of the government. Id. at 293. The party must also demonstrate expenditures that are unique to the proposed project and would not be otherwise usable. Id. at 292. If these elements are proved, the equities of the circumstances will be examined. The government will be estopped only if the equities advanced by the individual are sufficiently great to outweigh the public interest frustrated by the estoppel. Ridgewood, 294 NW2d at 292; Mesaba, 258 NW2d at 880. Eden Prairie vs. John Liepke, CI-87-1736 (MN Ct. App. April 3, 1987). FACTS See Variance Application and staff report. Since 1982, City plans specifically contemplate public street access from SuperAmerica to Terry Pine Drive. In 1978, the City required the developer of the Mitchell Lake Estates POD to dedicate Outlot A to the City specifically for future driveway access for SuperAmerica. In 1984, when SuperAmerica requested rezoning and replatting of its lot, the plat map showed a driveway access to Terry Pine Drive. The plat was approved by the City. ANALYSIS To determine whether the City of Eden Prairie may be { estopped from denying SuperAmerica's variance request, we must Page -3- apply the test for application of estoppel. SuperAmerica would have the burden of proving that it: 1. Relied in good faith. 2. Upon some act or omission of the City (wrongful). 3. Incurring extensive obligations and expenses (unique to the proposed project and not otherwise usable). In this case we know of no actual explicit oral or written promise made by the City to SuperAmerica for a driveway access, but such a promise could be implied from the contemplation of the future driveway in the minutes, developer's agreements, staff reports, Outlot A dedication, and plat map. It is a factual issue whether SuperAmerica actually relied on these plans in any way. When SuperAmerica purchased the property in 1977 there was no plan for driveway access to Terry Pine Court, so its decision to develop its business in this location was not influenced by reliance on any implied promise of driveway access. SuperAmerica did remodel and expand its facilities in 1984. It can probably be shown by SuperAmerica that it incurred extensive expenses during this project. It is unknown whether SuperAmerica relied on the implied promise of driveway access when it decided to expand. SuperAmerica would bear the burden of proof on this issue. SuperAmerica may be able to prove that it would not have undertaken the expansion project , 134 Page -4- if it knew it would not have future driveway access to Terry Pine Court. The Ridgewood case indicates that the City's conduct must be "wrongful" before estoppel can be applied. Whether the City's conduct was "wrongful" is a factual issue. The final element which Ridgewood indicates would have to be proved by SuperAmerica, is that it incurred extensive obligations and expenses which were unique to the proposed project and not otherwise usable. If SuperAmerica shows that it made its decision to remodel and expand its facilities, in reliance upon the City's implied promise to allow it driveway access to Terry (( Pine Court, it must go on to show that the expenses and obliga- tions incurred were unique to the proposed project and not other- wise usable. CONCLUSION The determination of whether estoppel applies depends on the findings you make as to the factual issues outlined above. RFR -- 9284.CP1 -- #1 �. CITY Or DEN PRAIRIE VARIANC( 87-17 BOARD OF APPEALS AND ADJUSTMENTS FINAL ORDER RE: Petition of Ashland Oil, Inc. ADDRESS: 16427 W. 7Bth St. VARIANCE REQUEST: A variance from City Code, Chapterll, Sect. 11.03, to perms a riveway zero ee rom a nor o ine and 5' from the south lot line (City Code requires a drive- way o e a minimum o ram a si e o ine . The Board of Appeals and Adjustments for the City of Eden Prairie at a regular (special) meeting thereof duly considered the above petition and after hearing and examining all of Li/3 :rs.ser.ted and the. file therein does hereby find and order as follows: 1. All procedural requirements necessary for the review of said variance have been met. (YES x NO ). 2. There are circumstances unique to the property under consideration, and granting such variances does not violate the spirit and intent of the City's Zoning and platting Code. 3. Variance Request #87-17 is herein Granted x , Denied 4. Conditions to the granting x , Denial , of said variance are as follows:See Attached: 5. This variance shall be revoked within 15 days after notice of failure to meet the required conditions has been given. 6. A copy of this order shall be forwarded to the applicant by the City Clerk. 7. This order shall be effective May 14, 1987 ; however, this variance shall lapse and be of no effect unless the erection or alternatives permitted shall occur within one (1) year of the effective date unless said period of time is extended pursuant to the appropriate procedures prior to the expiration of one year from the effective date hereof. 8. All Board of Adjustments and Appeals actions are subject to City Council review. BOARD OF APPEALS AND ADJUSTM NTS BY: �i DATED: S_jcj_87 I3'Jo C CONDITIDNS TO THE GRANTING OF VARIANCE REQUEST #87-17: FINDINGS: 1) Operation of the Superamerica station with limited ingress and egress through right in/right out access is unreasonable and unsafe. A right in/right out system will force customers travel- ing westbound on Highway 5 to turn around at a point past the station and travel east to the entrance. Customers traveling north on County Road 4 will have to turn around at a point past the station and proceed south to the entrance. Customers leaving the right out on Highway 5 must turn around at a point past the station if they want to go west. Customers leaving the right out on County Road 4 must turn around at a point past the station if they wish to go north. 2) In addition to being unreasonable and creating traffic hazards, forcing the Superamerica station to operate with limited ingress and egress will cause it economic hardship. 3) Ashland Oil's plight is due to unique circumstances caused by development of the intersection by the State Highway Department, not created by Ashland Oil. 4) Allowing the driveway access will not alter the essential character of the area which is.located next to a busy intersection. Terrey Pine Court already serves exclusively commercial properties. 5) Because the property can not be put to reasonable use if the var- iance is denied; because denial of the variance will cause Ashland Oil economic hardship; because Ashland Oil's plight is due to unique circumstances not caused by it; and because allowing the driveway access will not alter the essential character of the area, strict enforcement of City Code Chapter 11, Section 11.03, will cause undue hardship to Ashland Oil. 6) When Ashland Oil remodeled and expanded the Superamerica station in 1984, it incurred extensive expenses. The expansion was under- taken in reliance upon the City's approval of the plat map showing driveway access to Terrey Pine Court. 7) If the variance is granted, four residences will be affected, as compared to major traffic circulation routes which will affect the City as a whole if the variance is denied. 8) Granting the variance will promote a safe, effective traffic circulation system. 9) Granting the variance will protect the value of the property owned by Ashland Oil. iS�l CONDITIONS: 1) Superamerica install a sidewalk at its own expense as indicated on the map that was submitted and attached as part of Final Order #87-17. 2) Superamerica provide the signs at its own expense as indicated on the map that was submitted and attached as part of Final Order #87-17. 3) Superamerica provide screening of the home in the northwest corner and the two homes immediately due south of Terrey Pine Court.which are acceptable to the homeowners. 4) All conditions as set forth in the Gustafson and Tyson's letter dated May 9, 1987 to Ann Spletzer be made part of Final Order #87-17. EE� i1I ,1 . 1111H41 OVOID 311IVHd N303 b 'H'V'S'0 3 w 11111. Q• . w lawn 3 = FDa31N • i NM I Q d 3.0 O o W • 0 >),. N t W0 ILL p '} a '' d �J ¢ `i • a fA• y*I(n. U .::::n:::.:.,::.:.::;:::::::::::1M.M.Y.,%.:.:•::M.UMP:':.1 III'ii41 i H.3:: l Cal .L flO0 3NId :3E18.31 _ 40 mu), C yyUJ IN 0 in cc > a 1❑__ 2 w Co tau V y~ 412.56 w Z n ON3 O c111 ra �= OrdQ Q Z na 0 _�} 4.--1 2 = gyp d �� ca O... c . LLI1c: W • c0 �F .L. V Q C rn '/�1 O S)YJfIIIl �tir : .,. 1 0 ONCO in+ .41.4111P g `v' c ' O w 1 a • J cc Cu Ina C a •ii\ ♦ I tltl t W O man <>. r La I NB z ® ; [jfl 3 UNAPPROVED MINUTES THURSDAY, MAY 14, 1987 7:30 PM, LUNCH ROOM, 7600 EXECUTIVE Drive It BOARD OF APPEALS MEMBERS: Chairman Ron Krueger, Hanley Anderson, Roger Sandvick, William Arockiasamy, Lyn Dean, Steve Longman and Dwight Harvey BOARD STAFF: Assistant Planner, Steve Durham and Recording Secretary, Lynda Diede ROLL CALL: Sandvick and Dean were absent. I. MINUTES A. Minutes of January 8, 1987. MOTION: Approval of the minutes for the January 8, 1987 meeting was continued as there was not a quorum present from that meeting. B. Minutes of March 23, 1987. MOTION: Harvey moved, seconded by Arockiasamy, to approve the minutes of March 23, 1987. Motion carried unanimously. C. Minutes of April 9, 1987. MOTION: Harvey moved, seconded by Krueger to approve the minutes of April 9, 1987. Motion carried unanimously. II. VARIANCES A. Request #87-17, submitted by Ashland Oil, Inc. for property located at 16425 West 78th Street, Eden Prairie, Minnesota. The request is for a variance from City Code, Chapter 11, Section 11.03, to permit a drive- way zero feet from the north lot line and 5' from the south lot line. CityCode requires a driveway to be a minimum of 10' from a side lot ine). This request was continued from the April 9, 1987 meeting. Dan Tyson, attorney with Gustafson and Tyson, presented the request to the Board. Tyson said that Ashland Oil had met with the Planning Department and the residents of Terrey Pine Court. Tyson restated the facts leading up to Superamerica's request for the variance: The following is a list in chronological order of actions taken by the City upon which Superamerica has relied, causing the creation of its hardship: 1 January 19, 1978 Eden Prairie makes note in a Staff Report to the Planning Commission of the need for / , I Board of Appeals and Adjustments - 2 - May 14, 1987 a median on County Road 4, at the same time recognizing that median 1. will deny Superamerica full access to the public roads (Exhibit A).A. May 8, 1980 Chris Enger, Planning Director, states in a Staff Report that a "convenience food store on the south side of the intersection (Highway 5 and County Road 4) may actually limit the number of cars having to cross the intersection from south of TH 5 to pur- chase quick stop foods." (Exhibit B) March 23, 1980 In an internal memorandum of Ashland Oil, it is stated that there is no question that the location of the site will be severely damaged if the center line is constructed at County Road 4 and some alter- native is not developed to facilitate westbound traffic on Highway 5. Westbound traffic in this case is the going home traffic and would be totally eliminated. Northbound traffic on County Road 4 would likewise be eliminated. The location would be severely damaged if our far curb cut on Highway 5 was eliminated. The elim- ination of this curb cut would justify partial condemnation. However, if the curb cut is eliminated, and the center line divider is con- structed at County Road 4, total condemnation would more be in order. It is anticipated that at that time an alternative to total elimination would have to be provided. June 19, 1981 Howard Dahlgren Associates, in a report submitted to the Planning Staff, emphasizes Superamerica's need for full access and the hard- ship which absence of full access would cause: "Without approval, the access to Superamerica will suffer to the point that in the highly competitive, convenience oriented gasoline sales business, Superamerica will be unable to continue." (Exhibit C) Jan. 4 , 1982 Jean Johnson, Assistant Planner, recommends in a Staff Report that Outlot A be platted as part of Mitchell Lake Estates 2nd Addition "to insure access in the future for the Superamerica station." (Exhibit D) Jan. 11, 1982 The Planning Commission unanimously carried a motion to recommend to the City Council approval of the Mitchell Lake Estates 2nd Addition plat including the deed to the City of Outlot A for the purpose of later providing connection of Superamerica to Terrey Pine Court. (Exhibit E) Jan. 25, 1987 The Planning Commission notes its intent that Superamerica have access onto Terrey Pine Drive and that Outlot A be deeded to the City for that purpose. (Exhibit F) Feb. 2, 1982 The City Council unanimously carried a motion adopting Resolution 82-86 approving the plat with the deed of Outlot A to the City to insure Superamerica's later access to Terrey Pine Court. (Exhibit G) Mar. 16, 1982 The Developer's Agreement is executed which explicitly provides for a driveway to Terrey Pine Court: "Owner shall not grade, nor cause to occur any construction upon Outlot A, nor allow others to so grade or cause construction, except driveway to Lot 2." (Exhibit H) A representative from the Chiropractic Clinic discussed that fact at the April 19, 1987 meeting. I Board of Appeals and Adjustments - 3 - May 14, 1987 July 27, 1982 The City accepts the deed to Outlot A. (Exhibit I) Nov. 18, 1983 1 The Minnesota Department of Transportation, in a letter to Chris Enger, Director of Planning, requires that the plans for the Superamerica expansion reflect a connection to the cul-de-sac (Terrey Pine Court). (Exhibit J) At the time that Superamerica's application was being considered, the Minnesota Department of Transportation was considering the realignment of Highway 5. In connection with the approval of the Highway 5 entrance, the Minnesota Department of Transportation felt it necessary that Superamerica connect to the "back door" at Terrey Pine Court. They made that part of their recommendation and approval process. May 3, 1984 The Minnesota Department of Transportation, in a letter to Gregory D. Gustafson, counsel for Superamerica, again requires that it is "important for the site to have access to Terrey Pine Court." (Exhibit K) The plans were developed and devised with an outlot on Terrey Pine Court through this rear door. It was not only requested by Superamerica, but also required by the City that the opening be part of Superamerica's plan for redevelopment. September 21, 1984 Michael D. Franzen, Senior'Planner, states- in a\ Staff Report that the property was platted with access onto Terrey Pine Court by SuperAmerica in mind. "[Tlhe COR Property to the West, (sic) was platted with a cul-de-sac which touches the south- west corner of this site. SuperAmerica will have an access from that cul-de-sac." (Exhibit L) September 24, 1984 Planning Commission unanimously carries motion for rezoning and replatting of SuperAmerica site and expresses its concern that SuperAmerica have access to Terrey Pine Court. "Acting Chairman Torjesen asked if access to the cul-de-sac had been shown in the original SuperAmerica plan. Planner Enger responded that it had been shown." (Exhibit M) September 25, 1984 In a letter to Chris Enger, Eden Prairie Director of Planning, James M. Wold, Chief of Planning and , Programming for the Hennepin County Department of Transportation, notes that an approved Hennepin County entrance permit is required prior to revising an existing access." No mention is made ; of any other required permits. (Exhibit N) Sc, Board of Appeals and Adjusments - 4 - May 14, 1987 October 16, 1984 The City Council carried a motion approving rezoning and replatting of the SuperAmerica site. The minutes reflect Council members' concerns that SuperAmerica have full access to public roads. "Redpath inquired about access to this site. Enger stated that the only full access would be via Terrey Pine Drive ... Gerald Anderson, 16506 Terry (sic) Pine Drive, said he was concerned about the median and the increased amount of traf- fic which might be put unto Terrey Pine. Enger explained the road system which will be used and the traffic patterns; he noted the road system which will be used and the traffic patterns; he noted the road system was planned with this deve- lopment in mind. Eager said signs could be put up which would indicate 'children at play' and there would be directional signs. Director of the Public Works Dietz concurred." (emphasis supplied). (Exhibit 0) November 6, 1984 In a letter to SuperAmerica, the Minnesota Depart- ment of Transportation restated "the conclusions reached at a meeting held November 5, 1984 to dis- cuss present and future access for the SuperAmerica station." Various items are discussed in this letter but not access onto Terrey Pine Court. A site plan is attached to the letter which includes an access from SuperAmerica onto Terrey Pine Court. (Exhibit P) November 6, 1984 Eden Prairie Resolution 84-291 approves SuperAmerica's plan for expansion (Exhibit Q) January 31, 1985 Building permit for SuperAmerica's expansion including construction of driveway onto Terrey Pine Court is approved and construction commences. In excess of $588,000 is spent in construction costs alone. (Exhibit R) February 27, 1985 In his Engineering Report on the Final Plat, David L. Olson, Senior Engineering Technician, states: "Permits covering access to the property have been obtained by the developer from MN DOT and Henn/DOT. An access to Terrey Pine Court will also be installed by the developer in conformance with City standards." The report mentions nothing to indicate that such an access, as shown on the plat, would I not meet such standards. The report recommends final approval of the plat. (Exhibit S) March 5, 1985 Eden Prairie Resolution 85-71 approves the final plat. (Exhibit T) t3�'1 Board of Appeals and Adjusmtents - 5 - May 14, 1987 June, 1985 Gene Schurman visits construction site and dis- cusses with Roman Mueller, Regional Engineer of it SuperAmerica, the particulars of the driveway opening and requests a sketch which is produced by SuperAmerica. The City advises (for the first time) that the opening is too narrow and will require an easement over adjacent property. June, I985 As requested by Eden Prairie, SuperAmerica commences negotiations with its neighbor, Eden Prairie Family Physicians for the grant of an easement. No agree- ment between SuperAmerica and Eden Prairie Family Physicians is reached. August, 1986 Negotiations with SuperAmerica's other neighbor, Prairie Village Chiropractic Clinic, result in the grant of an easement in favor of SuperAmerica. August 6, 1986 On August 6, 1986, Mr. Gene Schurman, Dr. John Allenburg, and Daniel R. Tyson met at the site to review the proposed easement which met with the City Engineer's approval. SuperAmerica is advised to pick up all necessary permits the next day. SuperAmerica applies for the application permit, is advised that it is to contact the Planning Department. September 26, 1986 Steve Durham, Assistant Planner, informs SuperAmerica by letter that it needs a variance before a driveway to Terrey Pine Court can be installed. (Exhibit U) Tyson spoke of the test which the Board must apply in determining whether to grant a variance request: In deciding whether to grant a variance under the Code, the Board must focus on two tests. The first is the undue hardship the property owner would suffer because of circumstances unique to the owner's property. The Board, in determining undue hardship, must consider three factors: a) whether the owner could put his property to a reasonable use if the variance were denied; b) whether the owner's hardship is due to unique circumstances which the owner did • not create; and c) whether the essential character of the locality would be altered if the variance is granted. The Eden Prairie City Code section which sets out the standard to be used in variance application determinations reads as follows: Board of Appeals and Adjustments - 6 - May 14, 1987 "Variance from the literal provisions of this chapter may be grant- ed in instances where the strict enforcement of those provisions would cause undue hardship because of circumstances unique to the individual property under consideration and said variances may be granted only when it is determined that such action will be in keeping with the spirit, and intent of this Chapter." Source: Eden Prairie City Code, Section 11.76, Subd. 6 (emphasis supplied). (This provision is essentially identical to the Minnesota Statutes do the subject of variances). In determining whether the property owner suffers on undue hardship, the Eden Prairie City Code requires focus on the following: "The property in question cannot be put to a reasonable use if used under conditions allowed by official controls, the plight of the landowner is due to circumstances unique to his pro- perty, not created by the landowner, and the variance, if granted, will not alter the essential character of the loca- lity. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this Chapter." Source: Eden Prairie City Code Section 11.76, subd. 1 (emphasis supplied). (This provision is essentially identical to the Minnesota Statutes which define undue hardship). To highlight these provisions, members of the Board must determine whether • a hardship exists for SuperAmerica, the property owner. The City Code mentions nothing of balancing hardship so the question is not whether someone else suf- fers any degree of hardship; the question is solely one of whether SuperAmerica suffers undue hardship. In determining whether SuperAmerica suffers undue hardship, the Board must focus on reasonable use, uniqueness of property due not to the owner's actions, and whether the essential character of the locality • would be altered if a variance were granted. Of course, SuperAmerica is sensitive to the concerns of its neighbors, as is the Board; however, the vocal opinions of SuperAmerica's neighbors must be kept in proper perspective. The Board's attention must be directed to the i merits of SuperAmerica's application, rather than the number for or against, how loudly one expresses his or her opinion, or the heat of debate. /36 Cj Board of Appeals and Adjustments - 7 - May 14, 1987 "It is improper for a board of adjustments to place weight upon the number of protestors rather than on the merits of an application. The strenuous objections of residents is not a legitimate basis for the denial of a variance." Source: The 1980 Minnesota Supreme Court decision of: Luger v. City of Burnsville, 295 N.W.2d 609, 615. In determining whether to grant the variance request, the Board must direct its attention to the merits of the variance application and focus on the hardship suffered by SuperAmerica. In connection with the specific tests of hardship, SuperAmerica submits the following: FIRST, the property in question cannot be put to reasonable use if this driveway is not completed. The projections for this site entail the sale of gasoline products and merchandise from its convenience store to its customers and residents of the City of Eden Prairie. SuperAmerica projected a fourteen (14%) percent margin. The lifeblood of the store is the traffic which is directly proportional to the ability of its customers to access the store. This business is an extremely access sensitive business. There are only two openings available to SuperAmerica. One of those will be effectively closed when the •aedian strip on Highway 4 is improved. The traffic study of Barton—Aschmann and Associates submitted in connection with this variance application indicates a thirty—nine (39%) percent overall loss in business. This will reduce the margin from fourteen (14%) percent to 4.6%. This will result in a drastic curtailment of the operations and more than likely a closure of the store entirely. This will mean a loss of jobs for Eden Prairie residents employed there. There will also be loss of a valuable tax base. Superamerica has invested $870,000.00 in this site based upon the projection of at least this fourteen (14%) percent margin. There is no reasonable use by I3foO Board of Appeals and Adjustments - 8 - May 14, 1987 Superamerica of the property without these necessary access openings. The driveway opening was and continues to be a pivotal part of the Superamerica development on this site. If there were ever any indication that this opening were not possible, Superamerica would not have rebuilt the store and invested three quarters of a million dollars in new improvements in the site. Krueger stated that he would like to hear from the residents. Tyson introduced Edward J. Hasek, senior planner at Dahlgren, Shardlow and Uban. Hasek spoke on the character of the locality. The intent is to concentrate traffic at the intersection. There is a small neighborhood within a neighborhood on the corner dictated by Mitchell Lakes. Commercial development in the corner is separated from Low Density Residential in an open space by Medium Density Residential. There is a traffic load from the highest uses being borne on the major arterial roadways in the area. It is not an uncommon situation. Tyson stated that the Board is compelled to approve the variance because: 1) The test of the ordinance has been met for the variance. 2) The test has been met for the estoppel argument. 3) The failure to grant the easement will result in a condemnation of the site. The tests are much the same as for promisory estoppel. Superamerica must demonstrate it has been deprived of governmental interactions of all the reasonable uses of the land. Tyson said that the meeting with the neighbors was positive. There were suggestions for sidewalks and signage and voluntarily eliminating truck and• traffic through the opening. Superamerica hopes to work together with the neighbors to a common end, namely elimination of the median strip. Obtaining stop lights at the intersection was another item discussed at the meeting. Ann Spletzer, 16794 Terrey Pine Drive, read a statement that the neighbors of Terrey Pine Court had compiled. (Exhibit V) l �ti1 • Board of Appeals and Adjustments - 9 - May 14, 1987 Krueger inquired if anyone had spoken to a representative from the State regarding the median strip. Durham said no, he anticipated that it would be put in. Diana Massie, city attorney, said that we are facing two issues: if the variance should be granted and whether the theory of estoppel should be applied to prevent the City from denying the ordinance. The answer to these two issues depends on factual findings. A two step process must be used: Apply the test laid out in the City Code and make factual information whether the variance should be granted. The test for estoppel must be applied and factual determination made. Longman inquired if estoppel is determined in a court of law. Massie replied that there are factual findings that would support or go against estoppel. Longman said we should be worried about the application of the City Code for variances. If someone is unhappy he can go through the court system and satisfy the estoppel issue. George Hoff, attorney representing Dr. Alston Lundgren, 780D Eden Prairie Road, stated that a letter was submitted. (Exhibit w) Hoff said that residents have provided evidence on children, traffic and children walking to school. Hoff felt Tyson wanted the locality to be different than what it was. Once the "back door" is cut out, locality broadens. Hoff said that there will still be a profit margin. There is not a denial of the total use of the property. Superamerica failed on both tests: locality and hardship. Hoff commented on the estoppel question. One case involving the Minnesota Supreme Court concerned a man by the name of Jasaka, from St. Paul. A building permit was obtained and Jasaka got 90a of the way through before being told to remove a radio tower because it did not conform. The Supreme Court upheld the ruling. Possibly, in 1984, there was discussion of Superamerica's particular driveway easement which did not conform. Hoff said that another case, in 1975, involved a man named Hawkinson. The property was dug for a motel and lodge and the zoning ordinance was changed. Hawkinson was told that his property could be put to other uses. Hoff suggested that estoppel shouldn't be considered in the case of Superamerica. Estoppel deals with the decision on a particular issue, i.e. the building permit, i.e. the building permits for motels and lodges, etc. Hoff said that there has been no decision on the variance so it is questionable whether or not the estoppel issue should be considered. Hoff said that the City Code should be applied with a denial of the variance. Kreuger stated that the City had led Superamerica. through the years, to believe that they could have the driveway access. Superamerica went through the process. Everything was approved and built and now they are stuck. Krueger was in favor of the variance. Harvey concurred with Krueger's statements. There is a long history of implied ) Board of Appeals and Adjustments - 10 - May 14, 1987 promise on the part of the City to allow access to the Superamerica site from Terrey Pine Court. Harvey said that one of the primary concerns of the last meeting was the safety issue. Additional risk was created by no sidewalks in the area. Superamerica responded by providing a sidewalk from the station to Eden Prairie Road, which is the bus stop. A greater traffic safety hazard for the neighborhood arises from any development that arises west on Highway 5, as opposed to the traffic which would come out of the Superamerica access. Harvey said that another issue that was raised was the ability of people to enter Eden Prairie Road going north off of Terrey Pine Drive, based on the film that was shown. Harvey said Durham had indicated that the acutal divider to be placed on Eden Prairie Road would be a three lane divider. There will be a protected left turn. The reason the tratfic stacks so badly now is there are only two lanes. One lane allows you to go west or north. A new situation would allow three lanes, two lanes going north, and one lane going west. With that kind of improvement, the stacking problem might not continue. Arockiasamy had mixed feelings. He felt that Superamerica is entitled to something. There is hardship to an extent. There is also hardship for people going north and west and also for the residents. If one goes strictly by the hardship of the applicant, there might not be adequate intent. Arockiasamy said that concerning safety, if the driveway is denied and the median is constructed, traffic might try to make a U turn. Arockiasamy did not feel that the problem would be solved by granting or denying the variance. There is some other solution for both parties. Longman said that Superamerica had concern for the neighborhood. They were fair and reasonable and have tried to satisfy homes abutting their property. Longman stated that no question on the zoning or planning on the part of the City should have a bearing on the decision. Longman said that if the variance were granted, he would like to see Superamerica, the neighborhood, and the City proceed to not have the median strip put in. Longman would vote yes if sidewalks and signs were incorporated into the variance. Anderson wondered about eliminating the median. Krueger asked how David Koski, senior engineer for Barton-Aschman Association, felt about the median. Koski said that the County would resist very strongly based on past experience. Koski stated that the City of Eden Prairie, Superamerica, and the residents would have to be united in approaching the County and the State. A study would probably have to be made that would indicate that there is not much impact on traffic operations and safety. Krueger asked if the entire median would have to be removed. Koski said yes, Board of Appeals and Adjustments - 11 - May 14, 1987 the driveway only leaves 100' or less of median. Krueger inquired when the median would be built. Durham said the median would be built in the summer of 1988. Arockiasamy asked the residents what the major problem was regarding the variance. Spletzer said that general feeling was that they don't feel things have been taken far enough. Problems are the enforcement of additional traffic signs, change in the speed limits, etc. There are not enough guarantees. The residents would like to get rid of the median. Harvey would like to see some screening of the house that is immediately to the west of Terrey Pine Court on the corner. Something should be done with the two homes immediately south of where Terrey Pine Court enters Terrey Pine Drive. Possibly evergreens would provide protection. Brad Bilich, 16798 Terrey Pine Drive , stated that by opening the access, the traffic can not be handled. Hoff noted that the residents don't have the burden. Superamerica has the burden. If the variance is granted, one is saying that they are not altering the locality. If the variance is denied, an appeal can be made to the City Council. Arockiasamy asked how much traffic would be added from the west side. Durham said that it is guided for Low Density Residential use. MOTION: Harvey made a motion to approve Variance Request i87-17, submitted by Ashland Oil Company, with the following findings: 1) Operation of the Superamerica station with limited ingress and egress through right in/right out access is unreasonable and unsafe. A right in/right out system will force customers travel- ing westbound on Highway 5 to turn around at a point past the station and travel east to the entrance. Customers traveling north on County Road 4 will have to turn around at a point past the station and proceed south to the entrance. Customers leaving the right out on Highway 5 must turn around at a point past the station if they want to go west. Customers leaving the right out on County Road 4 must turn around at a point past the station if they wish to go north. 2). In addition to being unreasonable and creating traffic hazards, forcing the Superamerica station to operate with limited ingress and egress will cause it economic hardship. 3) Ashland Oil's plight is due to unique circumstances caused by development of the intersection by the State Highway Department, not created by Ashland Oil. 4) Allowing the driveway access will not alter the essential character of the area which is located next to a busy intersection. Terrey a Pine Court already serves exclusively commercial properties. Board of Appeals and Adjustments - 12 - May 14, 1987 1r- 5) Because the property can not be put to reasonable use if the var- iance is denied; because denial of the variance will cause Ashland Oil economic hardship; because Ashland Oil's plight is due to unique circumstances not caused by it; and because allowing the driveway access will not alter the essential character of the area, strict enforcement of City Code Chapter 11, Section 11.03, will cause undue hardship to Ashland Oil. 6) When Ashland Oil remodeled and expanded the Superamerica station in 1984, it incurred extensive expenses. The expansion was under- taken in reliance upon the City's approval of the plat map showing driveway access to Terrey Pine Court. 7) If the variance is granted, four residences will be affected, as compared to major traffic circulation routes which will affect the City as a whole if the variance is denied. 8) Granting the variance will promote a safe, effective traffic circulation system. 9) Granting the variance will protect the value of the property owned by Ashland Oil. CONDITIDNS: 1) Superamerica install a sidewalk at its own expense as indicated on the map that was submitted and attached as part of Final Order #87-17. 2) Superamerica provide the signs at its own expense as indicated on the map that was submitted and attached as part of Final Order #87-17. 3) Superamerica provide screening of the home in the northwest corner and the two homes immediately due south of Terrey Pine Court.which are acceptable to the homeowners. 4) All conditions as set forth in the Gustafson and Tyson's letter dated May 9, 1987 to Ann Spletzer be made part of Final Order #87-17.(ExhibitX ) 5) This variance request must be utilized within one year. Motion carried 3-1-1. Arockiasamy abstained. Anderson voted nay. f?(' • • CYtlie STAFF REPORT TO: Planning Commission FROM: • Chris Enger DATE: Jan. 18, 1978 PROJECT: Superamerica . REQUEST: Rezoning from PS to Commercial Highway for 1.31 acres in the SW quadrant of 4/5 BACKGROUND In March of 1967, SunRay DX was granted a special use permit to construct a service station. "Mr. Griffin of the DX people stated that this would be strictly a service station with no additional sales gimmicks other than the petroleum products which a service station normally sells". (March • 21, 1967 Planning Commission Minutes). As part of this special use permit,the following item was included pertaining to land use: k. A motor fuel station is a place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles if offered for sale to the public and deliveries are made directly into motor vehicles. The leasing or selling or parking of vehicles, trailers, or any other goods located outside of a building is not a part of a motor fuel station operation. It was clear to the owners, and clear to the City of Eden Prairie, that a convenience store was not anticipated as part of the service station .- operation. Commercial Highway Zoning Purpose, Subd. 7.1.4 a,b,c Permitted Uses: C-Hwy uses are limited to sales and service operations directly related to highway or freeway uses, tourists and travellers. Subd. 7.5 Minimum zone area 5 acres . Approval of Superamerica as proposed would require the following variances: 1. C-Hwy zone minimum size 5 acres. 2. Side yard E front yard setback variance. 3. Sign variance. - 4. Planned Study zone minimum size 25 acres. • • . ) jj. • Staff Report- Superamerica -2- Jan. 19, 1978 • Superamerica purchased the existing station underthe existing land use restrictions. A 24 hour operation may be needed in the City, but addition of this feature at this location will add to the congestion at the 4/5 intersection. Excess congestion at the intersection may precipitate a median south of •j 5 on Co. Rd. 4. This would limit traffic into Superamerica to east bound traffic on 5 and southbound traffic on 4. Outgoing traffic would be limited to proceeding south on 4 and east on 5. • • One stop shopping at Prairie Village Mall is now available. The two primary issues are basically: 1. traffic and congestion , and 2. additional commercial land use. We believe that the access question can only adquately be addressed through connection of Superamerica with a frontage road. -The Planning Staff recommends that the Superamerica station proposal be approved, only if the southwest quadrant of the 4/5 intersection be changed in land use designation to commercial and that Superamerica to ke /[cress from a frontage road which has its access moved back similar to •- -County and State requirements for COR Investment. If the decision to retain the land use designation of mixed residential, as suggested in the 4/5 Study is made, Superamerica should remain as a service station only. CE:Jad 49°' • • L i` i' /L/j l i 0 U STAFF REPORT TO: Planning Commission FROM: Chris Enger, Planning Director DATE: May 8, 1980 PROJECT: Superamerica Rezoning at Co.Rd.4/TH5 APPLICANT: Superamerica REQUEST: Rezoning from Plan Study District to Highway Commercial • for 1.3 acres to permit construction of a new service Station and convenience food store. LOCATION: In the Southwest corner of TH 5/Co.Rd.4 BACKGROUND In March of 1967 Sun Ray DX was granted a special use permit to construct a service station in the southwest corner of TH 5 and Co.Rd. 4. The zoning of the property at that time was "General Multiple Dwelling-Limited Commercial". With the passage of ordinance 135, in 1969, the property was transferred to the Highway-Commercial Zone and subsequently placed in the Plan Study District. In 1974 the property was purchased by Q Petroleum. In July of 1977 , Superamerica purchased the property. Superamerica applied for rezoning in December of 1977 to allow a 800 sq.ft. expansion of the existing building for a convenience food store. The Planning Commission recommended denial of the request on Jan. 28, 1978 04th a'5-1 vote. The primary concerns were traffic congestion and the additional commercialization • of the 4/5 intersection. C.O.R. also submitted a proposal to the City in 1977 , but COR and Superamerica were unable to work together to design a joint plan. COR at that time proposed 4 commercial lots adjacent to TH 5 and were denied. Neither COR or Superamerica pursued their requests before the City Council. Since that time, there has been positive progress toward an overall traffic and land use plan for the Co.Rd. 4/TH 5 intersection. COR revised their plan twice and it now is made up of mixed land uses of duplexes, elderly housing, and office. COR has constructed an access road 475 feet south of the centerline of TH 5 on Co. Rd. 4. Across Co.Rd. 4, Stewart Sandwiches has constructed the second phase of an industrial expansion and connected a service road out to Co.Rd. 4, opposite the COR access. These two roads should preclude any additional direct access to Co.Rd. 4 or TH 5 near the intersection. The Gonyea PUD, recently approved, is also of mixed land uses occurring in the northeast corner of the intersection. I�i�2 • i) • ' Staff Report-Superamerica -2- May 8, 1980 The Council expressed concern about the close proximity of the south access to Co.Rd. 4 to the TH 5 intersection. The staff is continuing to work with Hennepin County, Gonyea, and Prairie Village Mall to design an improvement whichwould place the full access point at the Shopping Center's northern entrance. iIn addition, Superamerica and COR have now worked out a joint plan which will enable -:ail shared right-in/right-out access, occurring within the COR property. The threat of the entire intersection area being built as commerical . is considerably less because of all these proposals. The mixed land uses currently planned in the northeast, northwest, southwest, and souteast quadrants of the intersection are consistent with the recommendations of the 4/5 Study. Superamerica's current request for construction of a new building would add a land use which would be complimentary to COR's residential areas, and most beneficial to the elderly housing project proposed. The proposal Is to close Superamerica's two existing entrances occurring on TH 5 and create a common right-in/right-out with COR on the property line. The access to Co.Rd.4 -would be moved further south to allow more distance from the intersection. Sidewalks would be added for pedestrian convenience and a pad for a bus shelter would be made available on the property's west boundary adjacent to the service road. At this time a convenience food store on the south side of the intersection may actuallylimit the number of cars having to cross the intersection from south of TH 5 to purchase quick stop items. And the new proposal would allow the opportunity to add screening and landscpaing to 'upgrade the staticn appearance. RECOMMENDATIONS The Planning Staff recommends approval of the request for rezoning from Plan Study to Highway Commercial( C-Hwy) subject to the following items: 1. Cross easement agreements with COR for new access must be obtained. 2. New access to TH 5 will require an entrance permit from MnDOT;and access to Co.Rd. 4 will require an access permit from Hennepin Count. Highway Department. 3. A pad must be made available for a bus shelter on the western island adjacent to the service road. Electrical service should also be easily available. 4. A revised landscaping plan must be submitted prior to building permit issuance which effectively screens the parking and gas island area from public roads and residential areas. 5. An additional 10 feet of right-of-way will probably be required by Hennepin County. • Ise' /(, 7T SUPPLEMENTAL SUBMISSION DATA KARL PETIHSON - APPLICANT June 19, 1981 INTRODUCTION The subject property for this application is a 4.21 acre parcel legally described as Mitchell Lake Estates, Lot 12, Block 2. The subject property is located in the Southwest quadrant of the Trunk Highway 5/County Road 4 intersection in Eden Prairie. The applicant at this time requests the consideration of this office development .proposal as an amendment to a Planned Unit Development. Future requests, if this request is granted, will include re-zoning to the Office Zoning District, and other necessary platting requirements. The following is a summary of the development factors which pertain to this request. ANALYSIS Topography .The property has been subject to rough grading as part of the Mitchell Lake Estates Plat. The southern and western boundaries have a berm about 10 feet high, which separates the parcel from nine (9) duplex lots, which abut the boundaries. The remainder of the property is generally flat and drains north to T.H.S. VVege`tiof t The subject property has no existing overstory trees and future plans will include a comprehensive landscape plan to coordinate the future development. Utilities • Water service to the property is presently located at the property line in the N.N. corner, and located into the property 150 feet north of Terry Pines Drive. Future plans will complete this loop. • • Sanitary sewer is also located in the Northwest corner of the property. No detailed plans for proposed utilities have been included in this submission. Future submission, will provide layouts easements, as may be required by the City's engineering department. Zoning Presently the property is zoned Rural. and identified on the comprehensive plan as Multiple Residential. Former plans, prepared by Bruce Knutson Architects for C.O.R. Investments, included concept approval for a three-story Office Building with 25,000 square feet, and a proposed Senior Citizen housing project. C.O.R. Investment has been unable to market this proposal, and has since secured a Purchase Agreement with Mr. Karl Peterson. Mr. Peterson is the applicant of this proposal. The fee owner is Ms. Mable Morgan. The proposed zoning is for OFFICE. • r /o I 4 .S.U. - Mr. �..,.. .. June 19, 1981 f Page 2 DEVELOPMENT CONCEPT It The Vicinit ed as The intersection service area. The Prairie Village Mall an. 4 has been d theiGonYesaProperty, and/ community unity commercial the existing SuperAmeciea Station all service neighborhood/community a large needs. This is in direct contrast to the major center area, r services this andi proposedeu lands of t region greater in size than the entire city of Eden Prairie. The purpose s. proposal is to considerations thave been4/n Ls totion existingting and proposed traffic concerns. Specific lha us use, rgiventalization of the existing SuperAmerica service adjacent, and residentialte land at Terry Pine Drive and station, and future development of the commercial property .County Road 4. pt.LSI Pro sal Site Access . Present access conditions have resulted in varying intensities of development around • the intersection. The Mall, located in the N.W. quadrant is the most intense, the Property in the N.E. quadrant is the next most intense, the S.W. quadrant is Gonyesir , and Yproperty we con- third, and the S.E. quadrant is fourth. In evaluating the subject we were ducted a study of the entire 8.11. corn ohepinte sectio . Last existingspring facilities.w wer ta time a weuobsery ed theo losplan a proposed of the existing SuperAmerica curb cuts proximity we met with Bruce Knutson, Attothat nter ec observed preparing for SuperAmerica, jointr access at the itime planni In ult plansto work on a at that time planning consultant for C.O.R. Investment, involved could not nego- plan for the entire corner. During this period the pa y tiate together to reach a fair and desirable plan. Consequently, the concept plan Investment did not take the full problem into consideration• y submitted by C.O.R. roved app Subsequent to their concept approval, C.O.R. Investment realized that thep the ?plan was not marketable, and that re-planning would be required to At that time Howard Dahlgren Associates was contracted by C.O.R. to faci- 'pitaerty. already prepared a joint proposal while employed by tSupateerA the a. owardg, having ted to bring the parties togeth r,5uperALnerica. Howard Dahlgren Associates then attempted this situation is as follows: to discuss their common access problems. A summary 1. Hennepin County presently has plans for a median to be constructed from the intersection south to Terry Pine Drive. SuperAmerioa would then lose its ful access to Co. Rd. 4, without means of access by northbound Co. Rd. affi. access• ess ne and access + egress for westbound T.H. Straffic. Acrees back to Terry was definitely needed for this very ess. 2. SuperAmerica's present curb cuts are very close to the intersection. The desired the curb cuts moved further away or closed, but willingtt' as well as DOT purchase these rights. neither was to ccess rom 3. N C.O.R.est•corners had a They didht in not haveect anyadirectfegressHtoST.H. 5. at its N which connected the parcel to Terry Pine Drive, full access intersection of T.H. 5 and Co. R, � �{. C.O.R. had a 50-foot strip to bee Coch in Connectionury connected to the impossible, since COR was unwilling tie ea t by SA to COR was then lm[ the full brunt of R.O.W. dedication, as well as construction of a pub st The situation was at a stalemate, neither fully satisfied. i • 19, 1,)81 ( 3 • Exgeisting Proposal Site Access (Cont.) The solution was evolved through a process of intense negotiation, which has started and stopped over the last eight months. The resulting solution is that proposed. In this solution C.O.R. would give up its existing N.W. curb cut, and SA would agree to close its two T.H. 5 curb cuts, as well as move its T.H. 4 curb cut as far south as their ownership would permit. Therefore, a three-for-one swap. qhe subject prop- erty would then dedicate_a.5O+foot.right-of-way,,cpppectiej.T.N.:a w}th_Terry Fine liglarl• Sit.;would then compensate.'Abe }andownec for its portion of the ROW, and parti- cipate in a petition for street construction.'1 This construction, as proposed, calls for a right turn lane on T.H. 5, entering the new street and continuing to Terry Pine Drive. When SA was ready to refurbish its site plan, their curb cuts on T.H. 5 would be voluntarily removed, and a new right cut constructed in their place at the • public street. This solution provides the necessary access to both parcels, and greatly improves the conflicts along T.H. 5. The costs are equitably distributed and additional access is provided to the property south of SA, and east of the subject property. The direct access from T.H. 5 is fully eliminated, and replaced with a pub- lic street with adequate stacking room, and safer access. We believe this sets the foundation for Mr. Peterson's proposed community office project. Upon approval of this plan and subsequent approvals, a 100% petition for the road construction will follow. 14thout approval the access to SA will suffer to the point that in the high- ly competitive, convenience-oriented gasoline sales business, SA operations will be unable to continue. • Proposed Land Use A community of neighborhood businesses is generally operated by the small business man. These businesses demand less square feet of building and parking areas, and are usually dependent upon lease arrangements for their operations. This is the case in the Mall to the North, and in many communities where we as planning consultants work on a daily basis. These businessmen, when successful, desire the financial advantages of owning a building and a lot. This desire was observed in C.O.R. Invest- ment's marketing of their property. The request for OFFICE zoning would allow such small, successful businessmen to purchase small lots, and develop new owner-occupied facilities. This desire is prevalent in many cities, and has resulted in much of the strip com- mercial, observed in the inner suburban communities. There have been problems with this approach, in that the chaos and clutter become unsightly. The approach of this project has been to plan the property with end-uses in mind, and provide the frame- work to allow all of the desires without the strip development which usually follows. The proposed concept proposes the construction of four (4) structures on 4 platted lots. The external and internal building setbacks are met, or exceeded. The parking areas and drives are allowed to be more flexible. The access is restricted to one (1) entry at the proposed public street. This gives the development a greater sense of identity and order. Three-fourths of the building mass is set 50 feet back from the T.H. 5 ROW, attempting to minimize intrusion on duplexes to the South. The remaining 25% are two (2) small single-story offices, which are less of an intrusion than the formerly proposed multi-story residential units. Parking lots North and South of a proposed 35-foot wide private drive provide two opportunities for a turn-around. Parking along the drive is restricted to 8 1/2% of the total parking required, and themselves act as overflow parking, since they are the greatest distance from their respective structures. Lot 14 shares a common parking lot with Lot 117. This allows greater efficiency, not afforded when each • ( /7 /7; /T 2.) C" STAFF REPORT • TD: Planning Commission FROM: Jean Johnson, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: January 4, 1982 PROJECT: MITCHELL LAKE ESTATES 2ND AOOITION(prev. COR) LOCATION: SW corner of TH 5/Co. Rd. 4, behind Super- america Gas Station APPLICANT: Karl Peterson FEE OWNER: Mabel Moran REQUEST: 1. PUD Concept 2. Rezoning from Plan Study to Office • 3. Preliminary plat approval BACKGROUNO The 1979 PUD for this site included 64 units of elderly housing and a 25,000 sq. ft. office. The Developer's Agreement for this PUD was never signed. In 1981 a new application for just office rezoning was submitted and recommended for approval by the Planning Commission. The office request was withdrawn by the proponent to allow additional time to resolve access design. Now, this new request is for office rezoning and a new access plan. The name for the site has been changed from COR to Mitchell Lake Estates 2nd Addition which is in sequence to the adjoining duplex development which is final platted as Mitchell Lake Estates. The present plan changes the PUD designation of the elderly housing on a portion of the site to Office. Federal approval of an elderly project is no longer likely because of Federal Budget Cuts. The elderly units from this site can be transferred to the Gonyea site or another site in the City which will have a better chance of approval and the proposed 1 and 2 story offices will have less of a visual impact than a 4 story apartment on the adjacent duplex development. ORDINANCE REQUIREMENNTS Required: Proposed: Min. lot size 20,000 sq. ft. Min. width 100' min. depth 100' 12520,OOD-105,000 sq. ft. Setbacks 35' 20:50,20' Max FAR 301 1 story, 50% mult. Allll conform ( 5 pkg. spaces/1000 GFA All conform Lots 1 and 2 exceed require- ment by 1 space. Lot 3 is short 1 space. 1 • Staff Report-Mitchell Lake Estates 2nd page 2 Unless the 1 parking space can be designed into the site plan of Lot 3, one of the following will have to occur: the building will have to be reduced in size; a variance requested and approved; or the lot size in- creased to accommodate placement of needed parking. This plan, unlike some previous COR plans, provides all lots with access to a public street - a short cul-de-sac street off of Terrey Pine Drive. Outlot A, proposed to be owned in conjunction with Lot 2, should be platted as part of the plat to insure access in the future for the Super- america Station. SITE PLAN he 3 office lots are surrounded by roads and different land uses so screening is important. The submitted berm landscape plan concentrates on the area between the offices and duplexes. In this area a 10' high berm exists and upon this berm, plantings of 6' high evergreens and approximately 7' high deciduous trees are proposed. This berm,constructed a few years ago,was never landscaped as per the signed agreement. Per- mission from some private duplex lot owners will now be necessary to install plant material upon their lots. The area between the offices and TH 5'is not bermed and landscaped accord- ing to the submitted berm landscape plan, although some plantings are shown on the site plan. Staff would suggest low berms and plantings be used at the parking areas to obtain the necessary screening. { The landscaping plan will be thoroughly reviewed by staff prior to building permit issuance. (NOTE: all full size evergreens and deciduous trees shown on the cross section do not exist on the site todate but reflect mature height (20+ years) of the submitted plant material) • Sight line A is from the duplexes on Terrey Pine Drive north over Lot 3 parking and Lot 2 single story office building to Highway 5. The berm and future 6-7' plant material will screen parking from the backyard and first story sight lines. Sight line B is from the duplexes on Terrey Pine Drive north over Lot 1 parking and to the 2 story office on Lot 1. Again, the berm and proposed plantings will screen backyard and first floor views of the parking areas, but second floor views will be into and over the two story office. Sight line C is from the duplexes on Terrey Pine Drive east over parking and the 2 story office to the Superamerica lot. The parking areas will be screened by the berm and plantings but 2nd story duplex views will be at the 2nd story office roof. In any area where 6' evergreens are depicted in single rows, the staff would recommend that 7' high evergreens be mixed with the 6' trees. ir STATE OF MINNESOTA ) COUNTY or HENNEPIN ) ss. CITY OF EDEN PRAIRIE) I, the undersigned, being the duly qualified and acting Clerk of the City of Eden Prairie, Minnesota, DO HEREBY CERTIFY that I have care- fully compared the attached Minutes of a meeting if the Pl&nnin9 Commission of said City held on the date thereof indicated with the original minutes thereof on file in my office and that the same is a full, true and correct tranccri_nt January 11, 1982 WITNESS my hand officially and the official seal of the City this 5th day of May 19 87 • • $441L641-A.itA6t4441.-- • SI?AL Clerk if • approved Planning Commission Minutes -4- January 11, 1982 The Planner stated that the parking lot lighting be no higher than 20' with cut-off luminars; it should be added to the staff report. Marhula stated he had concerns about the dead end parking lot and asked what the status for the large building was. Johnson stated the floor area ratios are grossly under-used and stated he felt circulation was worked out well. Hallett stated that he wanted the City to have control over Outlot A. Torjesen stated he felt that this was a significant Guide Plan change. The Planner stated that he talked with the Metropolitan Council planner regarding that and was told that this proposal is not at tiie level that the Metropolitan Council would like to look at. Torjesen stated he had reservations about giving up elderly for offices. The Planner stated that there is a private group trying to get funding for elderly and stated that there are still 2 sites available for elderly. Torjesen asked if each building should have the required amount of parking. The Planner replied yes, but stated that he has made a detailed study of the parking lot for the veterinary clinic across from Eden Prairie Center and found 4-5 cars parked at one time. Torjesen asked if the trees shown on the plan are at 2/3 growth. The Planner replied yes. Torjesen inquired if the duplex property owners are willing to let the proponent put trees on their property. Sutliff asked if there is a time limit for the proponent replacing dead trees. The Planner stated yes; 1 calendar year. If the proponent does not replace it, the City has a bond which can be cashed to replace the tree. Kurt Olson, 16618 Terrey Pine Drive, stated he felt that the trees would not survive on top of the hill and stated that his neighbor planted shrubs there and they did not survive. The Planner stated that planting of trees will require proper planting and - tender loving care over the 1st year. He stated that from a functional standpoint, a berm other than trees would be better, but if plant material could be established it still would be best.. Andy Ekedahl, 16559 Terrey Pine Drive asked if parking will overflow onto Terrey Pine Drive. Bearman replied no. The Planner also replied no. Walter Dobinson Jr., 16475 Terrey Pine Drive stated he was concerned with the amount of traffic to be generated, and was opposed to the street location and asked the number of trips/day traffic expected. The Planner replied 800 trips per day. MOTION I Hallett moved to close the public hearing on the Mitchell Lake Estates 2nd Addition. Torjesen seconded, motion carried 7-D. ,,s,_ Na \I V approved Planning Commission Minutes -5- January 11, 1982 MOTION 2 Torjesen moved to recommend to the City Council approval of the revised COR PUD and rezoning from Planned Study to Office as per the plans dated 12/14/81 and the staff report dated 1/4/82 adding that Outlot A be deeded to the City; that the parking lot lighting be no higher than 20' with cut-off luminars; and that approval be subject to site plan and building plan review by the Planning Commission if there are major changes to the plan. Sutliff seconded. DISCUSSION Bearman asked that Outlot A be deeded to the City as public ownership with review by the Planning Commission when and if Superamerica wants to be connected to the cul-de-sac and road. Torjesen and Sutliff agreed. Gartner asked if Superamerica was sold and the new owner wanted the site to be an office, if they would have to come before the Planning Commission. The Planner replied yes that they would need rezoning. Motion carried 7-0. MOTION 3 Torjesen moved to recommend to the City Council approval of the revised CDR PUD and preliminary plat as per the plans dated 12/14/81 and the staff report dated 1/4/82 with the same additions as in motion 2. Retterath seconded, motion carried 7-0. D. REVIEW OF CITY TRAIL MAP The Planner stated that this map is an update of trail systems already constructed and the ones shown in the Guide Plan Update. He stated that this is a concept map. Sutliff stated that he was concerned with the infringement of trails on private • property and asked that that be looked at. Gartner asked where the money came for the construction of trails. The Planner replied from C.D.B.G., MnDOT bikeway funds, and cash park fee for some of them. Hallett asked what the next priority for the trail is. The Planner replied Duck Lake Trail and West Co. Rd. 1. Hallett stated that he felt that the people not using the trails provided should • be warned by public safety and if that does not work, citations should he given. MOTION Gartner moved to recommend approval of the City Trail Map to the City Council. Retterath seconded, motion carried 7-0. E. VACATION OF WEST 72ND STREET Brief discussion was held. MOTION Retterath moved to recommend to the City Council approval of the vacation through the Round lake Park site. Gartner seconded, motion carried 7-0. i3'77 CXNI 1 STATE OF MINNESOTA ) COUNTY 07 HENNEPIN ) ss. CITY OF EDEN PRAIRIE) I, the undersigned, being the duly qualified and acting Clerk of the City of Eden Prairie, Minnesota, D0 HEREBY CERTIFY that I have care- fully compared the attached Minutes of a meeting • if the Plc:nning Coamzreion of said City held on the date thereof indicated with the original minutes thereof on file in my office and that the same is a full, true and correct trenrcr nt January 25, 1987 WITNESS my hand officially and the official seal of the City this 5th day of May , 1987 • • SEAL City Clerk /277 n0 .approved Planning Commission Minutes -3- January 25, 1982 C.y MITCHELL LAKE ESTATES 2ND ADDITION, by Karl Peterson. Request to revise the COR PUO, preliminary plat 3 lots on approximately 4.21 acres and rezone from PIanned Study to Office, for construc- tion of 3 office buildings with variances. Located in the south- west quadrant of TH 5 and Co. Rd. 4 west of Superamerica Gas Station. A public hearing. The Planner stated that this parcel is annrnvPd tndvte for 48 apartment units. It was then revised to include approximately 25,000 sq. ft. of office space on the northern portion of the site and 64 units of elderly housing on the southern portion which was approved by the City Council and given first reading. However, 2nd reading was never given because the owner never signed the developer's agree- ment. Karl Peterson has a contract-for-deed or purchase agreement for this site and is proposing to develop it as low-density office which would have the same amount of traffic as the approved plan. "He stated that Superamerica has had some problems obtaining access from the public road planned in the area. Superamerica is now not interested in accessing onto the road. He then reviewed the current proposal and stated that Lee Johnson was present to give a presentation. Johnson stated that access has been placed at the west end directly across the access for the bank as a right-in/right-out only. He stated that all 3 lots will have access to the cul-de-sac road. Parking for the entire site is 1 aver the required amount but when it is broken down per building, the site is short 1 space. He stated that Dr. Bonnett currently has a veterinary clinic across from Eden Prairie Center and has at the most, 3-4 cars parked at a time. He stated that individual landscaping around the buildings would occur at time of building permit issuance. The Planner stated that he was concerned with the access and stated that the original intent was to access from Terrey Pine Drive, or Superamerica. He stated that Terrey Pine Drive is expected to continue west to other property. He stated that he wants all land-locked parcels un-land-locked which is the reason for recommending that the small portion of the land be deeded to the City as Outlot A. He felt the site plan is more suitable for the site than previously requested. The buildings will be small offices and stated all mechanical equipment must be screened. Co. Rd. 4 is expected to be upgraded with a median to be constructed. He also reviewed the staff report dated 1/4/82. Retterath asked if Outlot A is deeded as public ownership, if Superamerica would have to go through any chanels to get connection. The Planner replied no. Sutliff asked if the-mechanical equipment is to be screened according to Ordinance requirements. The Planner replied yes. Torjesen stated that if Outlot A is deeded to the City, he felt that the City should be able to determine when Superamerica will connect to it. Bearman stated a possibility would be deed it to the City that no rights be given,so Superamerica would have to return to the City for connection. Marhula stated that the City should have control over Outlet A rather than the proponent. He then asked if there are occupants for the buildings. Johnson replied that Dr. Bennett purchased his lot contingent upon rezoning and is not sure what his time table is. He stated that both office buildings will be con- structed and Mr. Peterson will be a tenant in one. !2r`" f- It •11 C STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF EDEN PRAIRIE) I, the undersigned, being the duly qualified and acting Clerk of the City of Eden Prairie, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached Minutes of a meeting of the City Council of said City held on the date thereof indicated with the original minutes thereof on file in my office and that the same is a full, true and correct transcript February 2, 1982 WITNESS my hand officially and the official seal of the City this Sth day of May , jgB7 . (SEAL) Clerk Deputy Clerk 3iU / r 'City Council Minutes C -2- 1� wary 2, 1982 // • MOTION: Redpath moved, seconded by Penzel, to approve the minutes of the Special City Council Meeting held Tuesday, January 26, 1982, as amended and published. Motion carried with Bentley and Tangen abstaining. III. CONSENT CALENDAR Clerk's License List J B. Final plat approval for Eden Prairie Center 3rd Addition (Bank site at north- east corner of TH 169/Schooner Blvd.) (Resolution No. 82-31) C. Resolution for March 16. 1982 Liquor Referendum (Resolution No. 82-33) hOTION: Bentley moved, seconded by Redpath, to approve items A - C on the Consent Calendar. Motion carried unanimously. IV. ,OBLIC HEARINGSIN ✓A.�iitchell lakes Estates 2nd Addition by Karl Peterson. Request to revise the COR PUezone from Planned Study to Office, and preliminary plat 3 lots on approximately 4.21 acres, for construction of 3 office buildings. Located in the southwest quadrant of TH 5 and Co. Rd. 4 behind Superamerica Gas Station (Resolution No. 82-25 - PUD; Ordinance No. 82-03 - Rezoning; and Resolution No. 82-26 - Preliminary Plat) Lee Johnson, representing the developer, addressed the proposal and reviewed past proposals for this site. Johnson said Peterson is anxious to begin the project as he has outgrown his present location. Planning Director Enger noted the Planning Commission had reviewed this proposal at its meeting on January 11, 1982. At that time the Planning Commis- sion voted to approve the proposal subject to Staff recommendations contained in the January 4, 1932, Staff Report and with the following additions: 0utlot "A" should be deeded to the City; parking lot lighting should be no higher tha 20' with cut-off luminars; and that approval be subject to site plan and build plan review by the Planning Commission if there are major changes to the plan. The Planning Commission expressed concern about Outlot "A" regarding access by Superamerica. - Bentley asked the width of the cul-de-sac road. Enger said it would be approximately 28' wide with a 50' right-of-way. Bentley asked what percentage of the most northerly building would be used by the printing facility. Johnso said about one third. Bentley inquired as to the zoning at Dr. Gonnett's pre- sent Veterinary Clinic. Enger said it is either Regional Service or Office -- in this case the zones over-lap that category. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to adopt Resolution 82-25, approving the Mitchell Lake Estates Second Additior Planned Unit Development and Amending the Guide Plan. Motion carried unanimot ( 13? • .gcil •1inutes C -3- uary 2, 1982 MOTIDN: Bentley moved, seconded by Redpath, to give 1st Reading to Ordinance 82-D3, rezoning from Planned Study to Dffice. Motion carried unanimously. MDTIDN: Redpath moved, seconded by Bentley, to adopt Resolution 82-26, approving the preliminary plat of Mitchell Lake Estates 2nd Addition subject to the recommendations contained in the January 4, 1982. Staff Report and Planning Commission. Motion carried unanimously. MDTIDN: Bentley moved, seconded by Redpath, to direct Staff to draft a Developer's Agreement including the recommendations of the Staff and Planning Commission. Motion carried unanimously. B. Public Hearing on proposed improvements on Mitchell Road and Technoloav Drive, I.C. 52-D10 (Resolution No. 82-32, ordering improvements) City Manager Jullie noted the dates of the published notices regarding this Public Hearing and stated notices had been sent to all the owners of record which would be included in the assessment area. Director of Public 1•lorks Dietz spoke to the proposal. The area included was I divided into five segments for purposes of discussion. These were: "A" - Wallace Road on the west to the east property line of SGL; "B" - the east property line of SGL to Mitchell Road; "C" - Mitchell Road east to Purgatory Creek; "D" - Purgatory Creek east to Schooner Boulevard; and "E" - Mitchell g Road from Highway 5 south to Scenic Heights. This project was started by a petition regarding the feasibility of a cul-de-saced road from Mitchell Road west to the western property line of CPT. At about the same time a petition was received from MTS asking the City to look at the feasibility of extending the roadway from Mitchell Road to Schooner Boulevard. Also at this time the j City was considering expansion of facilities on Mitchell Road and it was de- termined this could be included in the project. Costs for the various segments are estimated to be: "A" - $438,DDD; "B" - $335,DDD; "C" - $802,000; "D" - 5894,00D; and "E" - 5694,ODD; for a grand total of $3,2DD,DOD. The assessments would be spread out over a 17 year period. Dietz noted that segment "D" has some major soil problems. It would be, according to the feasibilty report, advantageous not to construct that segment at this time thereby allowing some soil consolidation time which would hold down costs. Dietz said the Council might wish to discuss the method of assessing segment "A." If changes are made in the method of assessing "A" then the Public Hearing on that portion would have to be continued to a later date. !I Bentley asked about the intersection of Technology Drive and Schooner Boulevarc Dietz said it is shown to be a 9D degree intersection. Tangen inquired as to whether or not signals are planned at the intersection of TH 5 and Wallace Road. Dietz said a consultant had investigated that possi • bility but the State feels the signals are not warranted at this time. Also, channelization would have to be done in conjunction with a signalization pro- ject. Costs prohibit that at this time. { A 2 1 C_XNl3/7— /4' Office DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of P to /!o , 1982 by and between KARL F. PETERSON, referred to as "Owner" and the CITY OF • EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City", WITNESSETH: WHEREAS, Owner has applied to City to rezone from Plan Study to Office approximately 4.21 acres, situated in Hennepin County, State of Minnesota, more fully described as Block 2, Lot 12, Mitchell Lake Estates and hereafter referred to as "the property", and WHEREAS, Owner desires to develop the property for construction thereon of 3 office buildings. • NOW THEREFORE, in consideration of the City adopting Ordinance No. ( 82-03, and Resolution No. 82-25 (PUD) and Res. 82-26 (plat), Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: . 1. Owner shall plat and develop the property in conformance with the material dated 12/14/81 reviewed and approved by the City Council on 2/2/82 and attached hereto as Exhibit A, subject to such changes and modifications as provided herein. Owner shall not develop, construct upon or maintain the property in any other respect or manner than provided herein. 2. Owner covenants and agrees to the performance and obser- vance by Owner at such times and in such manner as pro- vided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit 8, attached hereto and made a part hereof. • • '�F3. Developer's Agreer(fl-Mitchell Lake Est. 2nd l page 2 • 3. Owner shall convey to the City, by Warranty Deed, that part of the property outlined in red and shown as Dutlot A on Exhibit A. to Such conveyance shall be made immediately subsequent the filing of the plat and prior to issuance of any building permits. Owner shall not grade nor cause to occur any construction upon Outlot A nor allow others to so grade or cause construction,cxeapr Dt,vc"P''' A T. Lor Z. 4. Owner shall. prior to issuance of any building permits, submit to the City for review a detailed landscaping plan and obtain the City's approval thereof. Such plan shall include but not be limited to the following: a. Screening of the office parking from the duplex back- yards and first story sight lines. b. Evergreens, 6 and 7 feet in height atop the berm. Prior to installation of plant material on part of the berm which is located on the existing duplex lots, Owner shall receive written permission from the owner(s). c. Screening of all sides of the roof-top mechanical equip- ment according to the specifications of the Building Inspector. 5. Owner shall, prior to final plat approval, submit to City and the State and County Highway Departments for review a detailed storm water plan and obtain approval thereof. 6. Owner shall not cause to be constructed nor allow others to cause to be constructed any outdoor structures used for lighting purposes which is higher than 20 feet. All outdoor structures used for lighting purposes shall be equipped with cut-off luminars. 7. In the event Owner wishes to modify the approved plan, Exhibit A, Owner shall submit to City a detailed plan depicting desire changes and obtain City's approval thereof. Mitchell Lake Estas 2nd Office `' { te page 3 • IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. i f CITY OF ERE PRAIRIE • • by oif a.ng Pe zel, Mayor . by Carl J. J e, City Manager • STATE OF MINNESOTA )) SS. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this /(o day of . I982 by Wolfgang H. Fenzel. the Mayor and Carl J. Juliie, the City anager of the City of Eden Prairie, a municipal cor— poration, on behalf of the corporation. .,,„L `J,pnevv ` JOYcf U GR:iVO {/ i MOII•.•. {I•.-rrne{t01� NO ry Public 4 t,.. h::.401t:w.,nlf my w.ndsv.•.•.c.r.. u•..H.1411 OWNER: fç i. Ka 1 F. Peterson STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoin instrument was acknowledged before me this I day of . 1982 by Karl F. Peterson NyP g ~_. Ec\'[SLY J.EAR,ct\' 11:r::':IN CCC:ITY i MY tommr�cn ta.uc, Oct.a.1728 1 . ' I 1 i :.- z '-- . • I ' .C, • . . 0 I I-1' ( .`,/i i'. •• 1 , . / /.., \ I I-11 1 ...,,....,:):: ...• ...,...,• \ • . i._. ., -.,.:.:,•(::).. , .. :., . /\ • _--3..,.-- •;•-••!,..-..,.;A-,•:..4,• • r-..._, %).i ! ( --. '.'v-- • --M .- — -- . i•iilil multi 1 .. . ! 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Mitchell Lake Estates Second Addition :1 il • ,, CY 4 -- i -... -. .A • ' ..s $. •.. •••..••• .•-••••••• ••••,,•••••••• 1 s•04 st•r..et....I. bum it. I.C•IIIIIII11.111.I,I,IIIrlIfIllg therrIta,nshrct to the kik,*snit raroptume i i reserving and excepting thesetron as an easement aopurtent to Lot 2.Block 1, I, • Mitchell Lake&states Second Addition. a perootool eaeumen: toe inoreoe *ad egress over. under end woes sold Outlot A. C.O.A.Investment Co. S . De, ebatro'eaope•Ca,..rrrrattner- / STATE ne%DNNESOT 4 ••••‘ / / • ..i. '/Pvt.,C 1- .... eye Sid Hartman, Cameral Partner COUNTY OF 10...Pi. 4 ... ‘c. : ... 11"A=Imthintr."..sieritar“...k'°'1.4.4. o.b...17.:.7.4::,. ...nf t n".*1 .....,;•. --.,, ,......11 . _if said noresaroni. l' .(lientor(.). . Aol.a....m.say oe am.CS 015l5!MI On•AN., e'l e.ez• / /" e" -" I ...——.—......... ..' .1•10,11TIL DI rum MIMI aCas0;1.1101013.1 s....-......-......-- LUX':P I'7114.---A I •••••••••lim On Imounim 0.1110 . ::101.41•61.MON=a="1=.`"` le MOWS•••11/t-YINIMIIIM I ,11161•11111101111111411111.011•0.1011111111.1.0.1•MINY .. Orem P.Oshbagise . MIA SlIaladoill ammo S. ‘ Olimegolia.in SINS . • / / . . • ,s _ '; A., ispx.. .+St1 t. '.• ... IS • 1480861 A.. e NO acsroue CIT tSSr73 41la.vit . 'ZI . it •P. r 1 S emeE Of Olt weigAll 3, annn i2' Mawrtww COUOIT IONOOSOM CERTIFIED FILED ON it SEP 91982 1. !/4 rrR �� • 40ot ,• «DIU . 00NEs07,4 1,4)( Minnesota Department of Transportation District Five Novembic'SS. 19a3 iE01 Duluth Street Golden Volley,Ninnesota 55422 (612)5453761 Mr. Chris Eager Director of Planning City of Eden Prairie 8950 Eden Prairie Road Eden Prairies MO 55344 SP 2701 TR S Review of proposed Super America Site Located in the SW quadrant of TM 5 and CSAM 4 Dear Christ Hr. Gregory D. Gustafson dropped off a site plan of the above referenced location for our review and comment. 8a suggested I send our cootmata to you with a copy to him. We offer the following cammaents for your considerations - The cul-de-sac shown on the plat does not appear to be the sans as what exists in the field. Ve agree that a connection to the cul-de-sac should be made. - We agree with the elfainatioa of one of the driveways to It S and Roving the existing driveways as far from the altstiaa let ion as reseals. Hs 'weasel the remaining from Ie S be a right turn off et IA S only. We else recommend that 1t be limited to a 32' viath or leas. Details for this eatraace zee be marked out mime am eatreaca posit is applied los. - The proposed satranee to CUM 4 falIs Ceder the jurisdiction of Uemnspia • County. We recommend the plan be reviewed by them before approval. - As you know, we are p tly studying widening plans for TH 5. It appears the proposed plan would be compatible with our widening project. If you have any questions in regard to this review. please feel free to cell me. Sincerely. Evan R. Green Project Meoager cc: Mr. Gregory D. Gustafson Gustafson a Adams, P.A. CRG:bo An Equal OpporMiry Enpror.r .a_w . 711 ((tej) Minnesota Department of Transportation District Five 5801 Duluth Street Cir Golden Valley, Minnesota 55422 • • feu►545 3754 May 3, 11984 • Mr. Gregory D. Gustafson Gustafson a Adams, P.A. Suite 911 7400 Metro Boulevard Edina, Minnesota 55435 RE, S.P. 2710-24 T.H. S Proposed Revisions to Access for Superamerica Station located in the SW Quadrant of T.H. 5 and s C.S.A.H. 4 • i k h" z . Dear Mr.• "Gostalseds A' , We have further reviewed the proposed access changes for the Superamerica site and recommend that the access b• constructed as shown on the attached drawing. Please note that there are two designs. One is for an entrance to fit the existing highway and the other shows how the driveway will Nave to be modified ;kt• .. .•. when T.R. 5 is reconstructed. `.� It will- be necessary to have an •pproved entrance Permit from our District Office in Golden Valley before any construction may begin within the existing highway right of way. The design does allow for two-way traffic however* we will require signing to prohibit the movement from the property, through this entrance, to northbound C.S.A.H. 4. It is also important for the . site to have access to Terry Pine Court. If you have any questions in regard to this matter please feel free to call me. • Sincerely, cc:Chris Huge _r. Director o' ' City o! Eden Prairie 8950 8den /rairMie Evan R. Green Eden Prairie, n 55344 Project Manager ' Enclosure: Map An Equal Oppu.runuy Employer .fig x /T L �. STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, Senior Planner HR UGH: Chris Enger, Director of Planning DATE: September 21, 1984 PROJECT: SuperAmerica Gas Station APPLICANT/ FEE OWNER: Greg Gustafson, Gustafson and Associates REQUEST: 1. Zoning District Change from Rural to C-Highway for 1.35 acres. 2. Preliminary Plat of 1.35 acres into one lot. • 3. Comprehensive Guide Plan Change from Office to Commercial. • Back around In March of 1967, Sun-Ray DX was granted a special use permit to construct a service station in the southwest corner of the intersection of State Highway #5 and County Road #4. The zoning of the property at that time was "general multiple dwelling/limited commercial". With the passage of the Ordinance 135, in 1969, the property was transferred to the Highway/- Commercial Zone and subsequently placed in the plan study district. In 1974, the property was purchased by Q Petroleum. In July of 1977, SuperAmerica purchased the property. SuperAmerica applied for rezoning in December of 1977 to allow an 800 square. foot expansion existing building for a convenience food store. Planning Commission re- commended denial of the request on January 8, 1978 with a five to one vote. The primary concerns were Cr C, SuperAmerica Gas Station 2 September 21, 1984 traffic congestion and the additional commercialization of the #5 intersection. On May 12, 1980, the Planning Commission entertained a rezoning request from SuperAmerica to C-Highway. The item was continued at the Planning Commission for several meetings until August 11, 1980 when the proponents indicated that they were withdrawing their application and would submit a new application for rezoning in the future. The site is currently designated as an office land use in the Comprehensive Guide Plan and is currently zoned Rural-(Plan Study Area). The request to C-Highway would eliminate the current nonconforming use status designation for a gas station on this site. Site Plan SuperAmerica proposes an upgrading and expansion of it's present facility, which will require the demolition of the existing buildings and pump islands and a construction of a new building located closer to the south property line and three pump islands with a canopy. SuperAmerica proposes to build a 3,908 square foot building, at a floor area ratio of 0.07. The building is located on site meeting minimum setback requirements for C-Highway Zoning. A total of 15 permanent parking spaces are provided on site. Additional parking spaces will be provided on a temporary basis between the pump islands. Code currently requires a minimum of ten permanent parking spaces be provided for service stations. Access and Internal Circulation In 1980, when the Planning Commission last entertained a rezoning request from SuperAmerica for this site, access to State Highway #5 and County Road #4 was one of the major issues. At that time, SuperAmerica was to share a right-in/right-out access jointly with COR Property to the west of this site. This would involve a relocation of the western most driveway entrance farther to the west and the elimination of the eastern most driveway entrance on State Highway 45. Access also involved a relocation of the driveway on County Road #4 to the south. Since that time, the COR Property to the west, was platted with a cul-de-sac which touches the southwest corner of this site. SuperAmerica will have an access from that cul-de- sac. Access on State Highway #5 will be a right-in/right-out condition for SuperAmerica only. The proponent will be required to obtain a permit from the State Highway Department for work within the right-of-way. A driveway access permit from County Road #4 will also be necessary. Internal circulation has changed from the previous probuilding closer to the south property line and a different) orientationwith a rcaofothefputhe mp It islands in a north/south direction, as opposed to the current east/west direction. appears thativen he typical maneuverstackinaroundgtheseof cars at th parked vehiclesp islands, that there Grading Since the site is relatively level at this time, with the exception of two ponding areas along the eastern border of the site, a minimal amount of grading work will be necessary to accommodate the new building and gas pump configurations. Some f""?d l l SuperAmerica Gas Station 3 September 21, 1984 regrading will occur to provide berming for screening of parking areas from State Highway #5 and a recontouring of the dry pond in the northeast corner of the site. The proponent should obtain a grading permit works from the State Highway Department for grading work within the Highway right-of-way. Storm water runoff will drain in a northerly to southerly direction into the existing open ditch system within State Highway right-of-way. Landscaping The landscape plan depicts the type, size and arrangement of proposed plant materials on site. Because of the visibility of this site from Highway #4 and Highway #5, it will be necessary to screen the parking areas and the pump islands from view. Berming will provide some screening of the parking and pump island areas however it will be necessary to supplement this with additional plant material. Staff feels that the landscape plan will need further modification to provide for effective screening. Along the northern property line, Staff would recommend that deciduous hedge be replaced with coniferous plantings which would provide for more effective and year around screening. Additional coniferous trees will be necessary along the eastern property line. Coniferous materials should be planted along the western property line to screen those parking stalls from view. There will be a considerable amount of foundation plantings around the building contained within landscape timber edging. Staff would suggest that a brick material be used which is compatible with the color and texture of the building. In a similar manner the proposed screening of the outdoor refuse area should also be constructed of a similar material. This will provide for greater continuity on site. Architecture Building elevations indicate that the primary building material will be face brick. The front portion of the building will also include a considerable amount of glass. Around the perimeter of the building will be a four foot wide exposed aggregate panel band. The size of the canopy in plan view is actually larger than the building itself. Staff would expect that this canopy will very large when viewed from State Highway #5 and County Road #4. Staff would suggest that the canopy be redesigned in a similar manner to the SuperAmerica station proposed in City West. (See Attachment A) This design helps break up the total mass of the canopy. Staff would also suggest that the canopy be architecturally compatible with the building. Continuity could be achieved by applying the exposed aggregate panel around the sides of the canopy. The canopy is considered as an above ground structure per City Code and will be required to meet the minimum 35-foot front yard setback requirement. The site plan indicates compliance with this setback. Liahtinq A number of lighting fixtures are proposed on site. Lighting fixtures should be a downcast cut-off luminar with a maximum height of 20 feet. Sio nacre There are two signs proposed on site. One will be the existing trademark sign ( C . SuperAmerica Gas Station 4 September 21, 1984 It located in the front yard along State Highway #5. The other will be a wall mounted sign. The proponent should submit details of proposed signage for review. Signs shall be limited to one free-standing sign per street frontage with the larger size not exceeding 80 square feet in area or 20 feet in height, and the second sign shall not exceed 35 square feet or eight feet in height. The pump canopy shall not have signage and signage on the building shall be in compliance with City Ordinance. Pedestrian Systems In order to facilitate bicycle and pedestrian access to the store, an eight-foot wide bituminus pathway should be placed within the property along the west side of County Road #4. This will connect with the future pathway required of the property to the south and to the existing pathway adjacent to the Prairie Village Mall north of Highway #5. In addition, a sidewalk leading directly from the store to County Road #4, should be added. All sidewalks, with the exception of the County Road #4 trail, shall be five feet wide and five-inch thick concrete. STAFF RECOMMENDATIONS Staff would recommend approval of the Comprehensive Guide Plan Change from Office to Commercial, a Preliminary Plat of 1.35 acres into one lot, and a rezoning from Rural to C-Highway based on plans dated August 1D, 1984, subject to the recommendations of the Staff Report dated September 21, 1984, and subject to the following conditions: 1. Prior to Council review, proponent shall: A. Modify the building plans to provide a modified canopy in a manner similar to Attachment A. B. Revise the landscape plan to provide for screening of parking and gas pumps from public roads. C. Modify the site plan to provide an eight-foot wide bituminus walkway along the west side of County Road #4 and an internal five-foot wide concrete sidewalk connection from the store to this bike trail. 2. Prior to Final Plat, proponent shall: A. Submit detailed storm water runoff and erosion control plans for review by the Watershed District. B. Submit detailed erosion control and grading plans to the City Engineer for review. 3. Prior to Building Permit issuance, proponent shall: • A. Pay the appropriate Cash Park Fee. B. Notify the City and Watershed District 48 hours in advance of grading. C. Stake the grading limits with a snow fence. ( D. Obtain access permits for driveway access within State Highway and 1 County Highway right-of-ways. i i i1t) I C C SuperAmerica Gas Station 5 September 21, 1984 I E. Obtain grading permits from the State Highway and Hennepin County for grading work and highway right-of-way. F. Submit signage details for review. 4. Operation of the store must be in compliance with the City Ordinance including limitation of outdoor display areas to no more than ten percent of the buildings square footage area. { t } ., c L vyl STATE OF MINNESOTA ) ) COUNTY OF HENNE•PIN ) ss. ) CITY OF EDEN PRAIRIE) I, the undersigned, being the duly qualified and acting Clerk of the City of Eden Prairie, Minnesota, DO HEREBY CERT.rY that I have care- fully compared the attached Minutes of a meeting er the Plcnning Commission of said City held on the date thereof indicated with the original minutes thereof on file in my office and that the same is a full, true and correct transcript September 24, 1984 WITNESS my hand officially and the official seal of the City this 5th day of May , 19 87 . SR A*, Cite• Clerk • • • • • • • • • • • • • • • • • • • D. SUPERAMERICA. Request for Zoning District Change from Rural to C- Hwy and Preliminary Plat of 1.35 acres for Service Station/Convenience Store. Location: Southwest quadrant of County Road #4 and Highway #5. A public meeting. Mr. Greg Gustafson, representing SuperAtnerica, reviewed the site plan and site characteristics of the project with the Planning Commission. Planner Enger reviewed the findings and recommendations of the Staff Report of September 21, 1984. Acting Chairman Torjesen asked that the letter received from Mr. Steven Beck, Eden Prairie Family Physicians, be included as part of the permanent . record for this project. Mr. Beck's letter expressed concern regarding the potential of the landscaping to block view of the sign for their property to the south of the proposed SuperAmerica site. Gartner asked if the landscaping proposed would'possibly block sight lines, or cause traffic difficulties for Highway #5 or County Road #4. Planner Eager responded that the Planning Staff would need to review the landscaping very carefully at the time of its final submission prior to building permit issuance for this purpose. . Hallett asked if there would still be full access available to this site +,z} ) • • Planning Comnission Minutes 10 September 24, 1984 from Terry Pine Drive in view of the fact that direct access from the south from County Road #4 would be eliminated in the future. Staff responded that. there would be full access from Terry Pine Drive. Mr. Steven Beck, Eden Prairie Family Physicians, located south of the . project, stated that he would be willing to work with the proponents regarding this concern• of potential blockage of their sign due' to landscaping. Mr. Gustafson responded that he, too, felt the matter could be handled privately between two individuals. Marhula asked if Terry Pine Drive had been completely constructed. Planner Enger responded that the cul-de-sac had been completed. Marhula asked if site plans were available on any of the other sites within this vicinity, in particular within the commercial Planned Unit Development to the west. He stated that he was concerned that the driveways and access situations for the properties involved be appropriately planned. Planner Enger responded that this site plan for the entire area had been previously reviewed and that access questions had been answered. The SuperAmerica site, as proposed, fit in well with the other commercial uses in the vicinity with respect to access. Acting Chairman Torjesen asked if access to the cul-de-sac had been shown in the original SuperAmerica plan. Planner Enger responded that it had been • shown. Acting Chairman Torjesen asked about parking on the site. Mr. Steve Amik, representing SuperAmerica, responded that the parking shown on the east side of the site had been designated for employee purposes. Acting Chairman Torjesen suggested that parking could be located closer to the building for customers. MOTION 1: Motion was made by Gartner, seconded by Marhula, to close the public hearing. Motion carried--6-0-0 MOTION 2: Motion was made by Gartner, seconded by Schuck, to recommend to the City Council approval of the request of Superamerica for Zoning District Change from Rural to C-Highway for 1.35 acres for a service station/convenience store, based on plans dated August 10, 1964, subject to the recommendations of the Staff Report dated September 21, 1934, with the following additions: Under recommendation f1b, add the following "and not to conflict with sight • lines from County Road #4 or Highway #5;" and add a recommendation P1d • stating, "Meet with property owners to the south to mitigate issues regarding visibility of the signage for the property to the south." ( Motion carried--6-0-0 • MOTION 3 Motion was made by Gartner, seconded by Schuck, to recommend to the City Council approval of the request of Superamerica for Preliminary Plat of 1.35 • Planning Commission Minutes 11 September 24, 1984 • acres into one lot-for a service station/convenience store, based on plans dated August 10, 1984, subject to the recommendations of• the Staff Report dated September 21, 1984, with the following additions: Under recommendation #lb, add the following "and not to conflict with sight lines from County Road #4 or Highway #5;" and add a recommendation #ld stating, • "Meet with property owners to the south to mitigate issues regarding • visibility'of the signage for the property to the south." Motion carried--6-0-0 • • • • • • • • • • • • • • I L)C) L'J l � v fi/ /i A-) 71— DEPARTMENT OF TRANSPORTATION 320 Washington Av. South Hopkins, Minnesota 55343 %k1 HENNEPIN _n__ 935-3381 September 25, 1984 Mr. Chris Enger TN 6433 Director of Planning City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mr. Enger: RE Proposed Plat - "Superamerica" CSAH 4 SW Quadrant of TH 5 Section 8/117, Township 116, Range 22 Hennepin County No. 1226 Review and Recommendations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and found it acceptable with consideration of these conditions: -For future improvements to the CSAH 4/T11 5 intersection the developer should dedicate an additional 10 feet of right of way along CSAH 4 making the right of way 50 feet from the centerline of CSAH 4. -Hennepin County sup ports relocating the access onto CSAH 4 to near the south property line. -Any revision to an existing access requires an approved Hennepin County entrance permit before beginning any construction. See our Maintenance Division for entrance permit forms. -At this time, the proposed plans for CSAH 4 include channelization at the TH 5 intersection which would make the access onto CSAH 4 a right-in/right-out access. -This this plat abuts TH 5 it must receive full Mn/DOT approval. -Any proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes but is not limited to, drainage and utility construction, trail development, and landscaping. Contact our Maintenance Division for utility permit forms. -The developer must restore all areas within County right of way disturbed during construction. Please direct any response or questions to Les Weigelt. Sincerely, C • anes M. Wold, P.E. HENNEPIN COUNTY Chief, Planning and Programming an equal opportunity employer JMW/LDW:pl ,, ) r /e/T it- STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. • iJ CITY OF EDEN PRAIRIE) I, the undersigned, being the duly qualified and acting Clerk of the City of Eden Prairie, Minnesota, 00 HEREBY CERTIFY that I have carefully compared the attached Minutes of a meeting of the City Council of said City held on the date thereof indicated with the original minutes thereof on file in my office and that the same is a full, true and correct transcript October 16, 1984 . WITNESS my hand officially and the official seal of the City this 5th day of May , 19 87. (SEAL) 0e rk i NO I City Council Minutes( -6- October 16, 1984 • • • Crook said they would like to have approval from the Council this evening'. He said they would like to meet with the Homeowners' Association; he said they felt these were two separate matters. Floyd Sieferman, 6997 Edgebrook Place, asked if the parking spaces were • sheltered. Crook said there is one space per unit of "detached" parking • and one sheltered space (garage). Sieferman noted that there are more. buildings than shown on the plan as the garages are not shown. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and give 1st Reading to Ordinance No. 118-84, rezoning. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 84-274, preliminary plat approval. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to direct Staff to prepare a Developer's Agreement taking into consideration the recommendations of Com- missions and Staff and noting that plantings on the north property line should include large size evergreens as well as barberry and prickly ash so the Library parking lot is not used by residents and guests of the Eden Commons development. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to recommend strongly that the proponent meet with The Preserve Homeowners' Association prior to 2nd . Reading of the Ordinance. Motion carried unanimously. MOTION: Bentley moved, seconded by Penzel, to direct Staff to prepare a feasibility study for Preserve Boulevard (to widen Preserve Boulevard to a two-lane facility with storm sewer -- with an improved, soil corrected roadway.) Motion carried unanimously. B. SUPERAMERICA. Request for Zoning District Change from Rural to C-Hwy and preliminary plat of 1.35 acres for Service Station/Convenience Store. Location: southwest quardrant of County Road 4 and Highway 5. (Ordinance No. 119-84 - rezoning from Rural to C-Hwy and Resolution No. 84-275 - preliminary plat) City Manager Jullie said notice of this Public Hearing had been published and property owners within the vicinity had been notified, Greg Gustafson, attorney for Superamerica, addressed the proposal. Oirector of Planning Enger indicated this request had been reviewed by the Planning Commission at its meeting on September 24, 1984, at which time the Commission voted to recommend approval subject to the recommen- dations included in the September 21, 1984, Staff Report and with the • addition that landscaping not interfere with sight lines and not obstruct signs which have been construct..: b� ,, rrty owners to the south. Enger noted that the September 21, 1984, Staff Report suggests that approval be based on plans dated August 10, 1984. There were no issues of concern to the Parks, Recreation & Natural Resources Commission. r Ui.� City Council Minutes ( -7- ( October 16, 1984 Redpath inquired about the access to this site. Enger stated that the only full access would be via Terrey. Pine Drive; in the future there will be a right-in, right-out access off of County Road .4 and a right-in entrance off of Highway 5. Penzel noted a letter which had been received from Dr. Alston Lundgren • regarding the sign situation. • Dr. Alston Lundgren, owner of'adjacent property, said the issue had been • adequately addressed and his objections had been satisfied. • Gerald Anderson, 16506 Terry Pine Drive, said he was concerned about the median and the increased amount of traffic which might be put onto Terrey Pine. Enger explained the road system which will be used and the traffic patterns; he noted the road system was planned with this development in mind. Enger said signs could be put up which would indicate "children playing" and there would be directional signs. Director of Public Works Dietz concurred. Gerald Anderson said he would like to see traffic into the residential area discouraged. Bentley asked what type of screening is proposed. Enger said none is proposed other than what was put in between Terrey Pine Court and the area immediately adjacent. Bentley said he felt some should be included. Patricia Pidcock, 8379 Red Rock Road, asked the size of the Superamerica sign. Enger reviewed the sign ordinance; Gustafson noted they would comply with the sign ordinance. MOTION: Anderson moved, seconded by Redpath, to close the,Public Hearing and to give 1st Reading to Ordinance No. 119-84, rezoning. Motion carried unanimously. MOTION: Anderson moved, seconded by Redpath, to adopt Resolution No. 84-275, approving the preliminary plat of Superamerica, Motion carried with Penzel voting "no." MOTION: Anderson moved, seconded by Redpath, to direct Staff to prepare a Summary Resolution of Approval as per Commission and Staff recommendations including consideration of reduction in the size of the canopy (this would be returned to the Council prior to 2nd Reading), including signs to mark the residential area along Terrey Pine, and cut-off luminar lighting. Motion carried unanimously. Y Pi? • 0 ,ho do Minnesota . a < Department of Transportation District 5 0,1 3F c0 2055 No. Lilac Drive ~rop To Golden Valley, Minnesota 55422 (GM 345.3761 November 6, 1984 Superamerica Gustafson & Adams, P.A. % Mr. Gregory D. Gustafson Suite 411 7400 Metro Boulevard Edina, Minnesota 55435 • In reply refer to: Access Permit 5AD-84-70 T.H. 5: C.S. 2701 Loc: Superamerica Station in the S.W. quadrant of T.H. 5 & Henn. Co. Rd. 4 Dear Mr. Gustafson: I am writing you to restate the conclusions reached at a meeting held November 5, 1984 to discuss present and future access for the Super- america station on T.H. 5 at Hennepin County Road 4 in Eden Prairie, Mn. This meeting was also attended by Steve Amick and David Kirscht for Superamerica,and by Ellen Gavlinski; Hydraulics Engineer; Charles Hudrlik, Assistant District Traffic Engineer; and Evan Green, Project Manager; all of Minnesota Department of Transportation. Dur department had reviewed the site plan, and grading and drainage plan submitted with the Access Permit application, and wanted to discuss addi- tional construction that would be required if we approved your proposal. Our inplace storm sewer system and traffic signal electrical system would have to be revised to conform with your plans at a cost of approximately • $2,000.DD. These revisions would likley be temporary, and be changed during our reconstruction project on T.H. 5, State Project No. 2701-24, scheduled for letting in February 1986. We discusses several alternatives to yourproposal and agreed to the following: • • 1.) The easterly access onto T.H. 5 shall be removed at this time, and the State's right-of-way shall be restored to match surrounding and approved grades, contours, and turf. MN/DOT will authorize this work in Access Permit 5AD-84-70. • 2.) The westerly access onto T.H. 5 shall remain at its present location, temporarily. This access shall be widened to 32 feet, and the easterly turning radius shall be reconstructed to a minimum 3D foot radius. Super- amercia shall submit revised plans to MN/DOT,within one week, for our final approval. This work will also be authorized in Access Permit 5AD-84-70. • An Equal Oppureunuy Employer 1 i J`i (1 November 6, 1984 Page 2 Superamerica / 3.) During the State Project No. 2701-24 on T.H. 5, the State shall re- locate and reconstruct the westerly access. The final design and location of this access will be determined by MN/DOT, but will be similar to your original proposal shown on plan sheet P4159-1. The State will perform all necessary construction within our right-of-way. Superamerica shall perform all construction required within their property. • Our department will not complete the processing of your permit application until we have had an opportunity to review and approve your revised plan. We will notify you, by letter, when the Access Permit is approved and • what amount of bond is required. If you have any questions, or need additional information, feel free to contact my office. Sincerely, Virongele44.4 Thomas J. Anderle Senior Permit Technician TJA:re • • • r JU` ., ..7.- r---o,•-•-•:,,,- •••'• '- •••••••-•" -----`i ••'•-- ' —.-,!4,-„4•;•.:%'f•-•'•...,:v...w.,7••_,,•.:--.•:*::`.;,•.- ' •-- ''1.3 ., • • .4:.y.:7-"- t"*"‘ :.,' ,,,, ,I,..• ',.,..-:-,,.., -,..---'...,,,•-ai..z4,-.. ,"•,..Y..,..,.t;'•,....','7-7,‘,:s,"77:',•,,,, , ..' '77- 1'.." ''-'4,Z!';`,..'s,°::'-:1'—'774;‘,14,41rei.,. -- . ,- ot,,,,,v ..,,..., - - ., ' -. .. ,-, ' . ,... .• • , ''. . ' .. . . . , . .. ' . •,. • ( • • • ........... 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I I; •i i. , , _ _ COUHTY,ROAD NO.A4 • 11111111ft..... 1 10i, . C{( ifIvi % (Ad STATE OF MINNESOTA - COUNTY OF HENNEPIN CITY OF EDEN PRAIRIE I, the undersigned, being the duly qualified and acting Deputy Clerk of the City of Eden Prairie hereby certify that the attached and fore- going is a true and correct copy of a resolution duly adopted by the City Council of the City of Eden Prairie at its meeting on the 6th day of November , 1984 , as the same is recorded in the minutes of the meeting of such council for said date. on file and of record in my office. Dated this 5th day of May , 19 87 Deputy Clerk - I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA 1 RESOLUTION NO. 84-291 A RESOLUTION SETTING FORTH SPECIFIC CONDITIONS OF COUNCIL APPROVAL OF SUPERAMERICA FOR A CONVENIENCE/SERVICE STATION ON 1.35 ACRES BE IT RESOLVED that the proposal for a Superamerica service center on 1.35 acres, located in the southwest quadrant of Highway #5 and County Road #4; is herein approved subject to the following specific conditions: 1. The development plan, preliminary plat, and erosion control and grading plan, all dated August 10, 1984, and attached hereto shall apply. 2. Prior to final plat, developer/owner shall: A. Revise the landscape plan to provide for screening of parking and gas pumps from public roads. B. Modify the site plan to provide an eight-foot wide bituminus walkway along the west side of County Road #4 and an internal five-foot wide concrete sidewalk connection from the store to the bituminus walkway. C. Submit detailed storm water run-off and erosion control plans for review by the City Engineer. D. Dedicate the necessary right-of-way for County Road #4 to Hennepin County concurrent with the plat. 3. Prior to issuance of a building permit, developer/owner shall: A. Notify the City and Watershed District at least 48 hours prior to grading. B. Stake the grading limits with snow fencing. C. Obtain access permits for driveway access within State Highway and County Highway right-of-ways. D. Obtain grading permits from the State Highway and Hennepin County Highway Departments for grading work within the respective right-of- ways. . E. Pay the required Cash Park Fee. 4. Operation of the store must be in compliance with the City Ordinance including limitation of outdoor display areas to no more than ten (10) per cent of the building's square footage area. Rib?. • ( ( { ADDPTED by the City Council on November 6, 1984. i/ n gat Wc9lfgang I enzel, Mayor ATTEST: .c oh ,.. rane, City Clerk • • • ` I o ui o I IU v Q o�� n o v• o e g R. y 1L7 M Q Q r ' r— „ W • �• , z 1/40 d' .-t 1 o O 6 it .:j" I .. .. .1 03 ea <Iny _Z n= dX g c Z oz G a = W e 3oo oN m in W 1 U Q� �cc j I ! II 12 3 7 m..,V ('} n X isW N M ^ N N 1 a0 0 .4 m 0 y ? a n i i W~ €i .r ti p u. ntI / ., z O OO - ^ as1.112 � a q ^ O O N • O e ems' 2i �1, . 4 C Fin �� L t oo IIg w a t'` °u 8 GC 4.x.mmewn B CC ' 85 d44 • o N e it i N 4 9 _ Z 6 z� L 1 3 v a8T'S I oWZ N 4 z W ; ; t t i e - Cr_ _ i _ C -E �F, cI a • (R, cfc . 11'- I .1 rec.1 .113 1 i '‘ 45 i E W js�( o W . - 1 i c W �� ` a N Y N N I 1 1 . , l a+ •cW co I ' .. to al W VI W 4 U 4. N U 7 p N tU Z C i G ^ _ .IN; �. W L Z 2 N i O j t^ J �+ i W o W N i t% >1 w 2 M E C! 1 C m 4 N > pi. W W i 6 =f t _ I S t 3 4 z E+t o o ,4 1 0 0o g ate.+ $p l IA N C.—g 0 a o i W i - 10 c; ,i I < O i G"'�� 3 r m L e J L I va C i O y o w e 9 9 9 9 t ' 4, 1\14/1// • CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: David L. Olson, Senior Engineering Technician &d.:6(2 DATE: February 27, 1985 SUBJECT: ASHLAND OIL ADDITION PROPDSAL: The developer, Ashland Oil, Inc., has requested City Council approval of the final plat of Ashland Oil Addition located south of West 78th Street (T.H. 5) and west of Eden Prairie Road (Co. Rd. f4) in the South 1/2 of Section 8. This platting will eliminate a lengthy meets and bounds description presently covering the 1.35 acre parcel and provide right-of-way dedication. HISTORY: The preliminary plat was approved by the City Council on Dctober 16, 1984, per Resolution 84-275. Zoning to C-Hwy District was finally read and approved by the City Council on November 6, 1984. Resolution 84-291, approved by the City Council on November 6, 1984, summarizes specific conditions of approval for the proposal. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: The developer will install walkway improvements as required through Resolution 84-29I. Permits covering access to the property have been obtained by the developer from Mn/OOT and Henn/DOT. An access to Terrey Pine Court will also be installed by the developer • in conformance with City standards. PARK DEDICATION: The requirements for park dedication are covered in Resolution 84-29I. Page 2, Final Plat Ashland Oil Addition 2/27/85 BONDING: Bonding shall conform to City Code requirements. RECOMMENDATION: Recommend approval of the final plat of Ashland Oil Addition subject to the requirements of this report, Resolution 84-291 and the following: 1. Receipt of street lighting fee in the amount of $468.00. 2. Receipt of engineering fee in the amount of $25D.00. DLD:sg cc: Gustafson & Adams t • • Cyt-0 /T I , STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDEN PRAIRIE ) 1, the undersigned, being the duly qualified and acting clerk of the City of Eden Prairie, hereby certify that the attached and foregoing is a true and correct copy of a resolution duly adopted by the City Council of Eden Prairie at its meeting onLa46,45; 19 d3 ' as the same is recorded in the minutes of the meeting of such Council for said date, on file and of record in my office. • Dated this 7`4 day of`7.,...44,24.7 , 19 7• C-14 DEPUTY CL RK CITY OF EDEN PRAIRIE • SEAL t t`i(j3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-7I A RESOLUTION APPROVING FINAL PLAT OF ASHLAND OIL ADDITION WHEREAS, the plat of Ashland Oil 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 EOEN PRAIRIE: A. Plat approval request for Ashland Oil Addition is approved- upon compliance with the recommendation of the City Engineer's report on this plat dated February 27, 1985. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on March 5, 1985. ary/PPeterso , Mayor ATTEST SEAL L, Jofin•D: Frane, Jerk 7/ ) /444 r .. C\:: ap C Y OFFICES/8950 EDEN PRAIRIE ROAD/EOEN PRAIRIE.MN 55344-2499/TELEPHONE 1812193?-2282 ^^tt^^ fraertE TIE@IEOWEE September 26, 1986 07 -21986 Gustafson & Tyson, P.A. _ 7400 Metro Boulevard, Suite 411 Edina, MN 55435 Attention: Mr. Daniel Tyson RE: DRIVEWAY ACCESS FOR SUPERAMERICA STATION AT 16425 WEST 78TM STREET, EDEN PRAIRIE, MINNESOTA Dear Mr. Tyson: The Planning Department has received a copy of the most recent driveway proposal to Terrey Pine Drive. I have reviewed the plan against City Code and k find that the driveway as proposed does not meet the minimum setback of 10' from a property line. City Code requires minimum distance between end of driveway return and property line to be 10 feet. To install the driveway as proposed will necessitate SuperAmerica seeking a variance. I have enclosed a variance application. The next available meeting is November 13, 1986. A completed application must be returned to ay office, no later than October 9, 1986. i. Should you have any question, please do not hesitate to call. Sincerely, City of Eden Prairie Steve Durham Assistant Planner Enclosure: Variance Application SD:bs EXHIBIT V i 111 TO: Variance Board FROM: Residents of Terrey Pine Drive, Eden Prairie o..-Pk ---' DATE: May 14, 1987 Cl, After meeting at length with the representatives of - �h�`,/ r/%��%%//I Ashland Oil and SuperAmerica, and being unable to reach a y solution that is satisfactory to all parties concerned, the (�-J /14�C��� residents of Terrey Pine Drive askthe Board to allow their / original decision to stand: that is, to deny the variance `C {\___to SuperAmerica for an access at the rear of their station (on Hwy 5 & CR 4) routing traffic to Terrey Pine Drive and n p Terrey Pine Court. We unanimously oppose a rear driveway +u[_v�wa_+ under any circumstances that allow heavy commercial traffic ] to be routed through a residential neighborhood. However, the residents support SA in asking the City of Eden Prairie to represent us along with SA in petitioning ✓LY Hennepin County to remove the median planned for the Hwy. {9ai1141-CI.'/V , ( 4 expansion project. If this change were made, there would no longer be a need for a rear access at SA. We hope the f. City and County will give this th 'r most sincere and objec- \\ i �1 —1 tiv onsideration. r ;\/ ' 171 / 11.4A-151 .--' , c C� jf ,1 i L /lI J b J i :! Law Or•ree HOFF & ALLEN 250 SUBURBAN NATIONAL BANK BUILDING 300 PRAIRI! ORIV■ GEORGE C HOFF !OEN PRAINIL,MINN•IOTA 4•3*4.B3e1 REO WING OFFICE TEO A ALLEN (61E7 B41•BBBO IB 1213BB3B67 OAVID M ANDERSON RATRICIA E KUDERER JORLJN E GROF oleo atlm[[etl to WlecorAAn May 14, 1987 Board of Appeals & Adjustments Eden Prairie City Hall 7600 Executive Drive Eden Prairie, Minnesota 55344 Re: SuperAmerica Variance (Variance Request No. 87-17) Dear Board Members: As you are aware, this office represents Alston Lundgren and Eden Prairie Family Physicians with offices at 7800 Eden Prairie Road, Eden Prairie, Minnesota. I have been present at the last two hearings on the matter and presented testimony for your consideration. In connection with our representation, we have been provided by the City Staff with copies of memoranda including one by Richard F. Rosow and Diana P. Massie of the City Attorney's office concerning an estoppel issue. The purpose of this letter is to address issues raised therein. We previously wrote to the Board on November 10, 1986, with regard to Variance Standards. That letter (which was distributed to you prior to the meeting of April 9th again) outlines our position on those issues. Apparently, by inclusion of the memo in with meeting materials, the Board and its staff feel that "estoppel" is an issue which must be addressed with reference to the variance request. A review of the facts which have been laid before you shows that estoppel is not a proper issue bearing upon the variance request. Estoppel will lie against municipalities in rare circumstances when a City has improperly dealt with a specific issue. In this case, SuperAmerica is claiming that the City is estopped from denying the variance necessary to create the driveway access. The issue of the variance has never been before the City before. Therefore, because the variance issue has not been decided previously nor any actions taken by the City on it, there is nothing upon which to base an estoppel. This, of course, means that the variance must rise and fall on its own merits. The 1 Board of Appeals & Adjustments Eden Prairie City Hall May 14, 1987 Page Two extensive testimony shows that there is simply no undue hardship (they will lose income - clearly not sufficient when a reasonable use of the land remains) and if granted there will be a radical alteration in the character of the area. Even if the Board of Adjustments were to consider estoppel, the Minnesota test for estoppel cannot be met in these circumstances. Mr. Rosow and Ms. Massie in their memorandum cite the case of Ridgewood Development Co. vs. State. A later case (which also cites the Ridgewood case) is that of Jasaka Co. vs. City of St. Paul, 309 N.W.2d 40 (1981). In that case, the City of St. Paul issued a building permit for the construction of a radio tower in an inappropriate zone. The radio tower was 90% complete before action was taken to stop it. The Plaintiff argued to the court that the actions of the City in issuing the permit granted him a vested right to continue to develop (i.e. estoppel). The court rejected the argument requiring that the tower be dismantled. The court found that the work was not accomplished in conformity with the zoning ordinances. Therefore, the issuance of the building permit itself did not grant them the right to complete the work. In the matter before the Board, the SuperAmerica site plan was "arguably approved" in 1984. However, as approved it did not conform to the ordinances of the City in that the driveway violated dimensional requirements. Therefore, like Jasaka, the City is not estopped from denying the variance. Another case, Hawkinson vs. County of Itasca, 304 Minn. 367, 231 N.W.2d 279 (1975), denied a "vested right" claim from a property owner despite the fact that the property owner had dug a foundation for a specific building allowed under the pre-existing zoning ordinance. The court indicated that the foundation and other excavation on the site could be used equally well for a conforming use. Similar to the Hawkinson rationale, Mr. Rosow and Ms. Massie in their memorandum cite a test from the Ridgewood case. Part of that states that the applicant "must demonstrate expenditures that are unique to the proposed project and would not be otherwise usable." There has not been an argument advanced (nor could one be) that the expenditures made in 1984 are in any way "not usable" if a variance is not granted. What is sought is for SuperAmerica to reap greater profits, not usability of the development of the property in 1984. 1`iti Board of Appeals & Adjustments 4 Eden Prairie City Hall � May 14, 1987 Page Three I again urge that the Board deny the variance request as it fails entirely to meet the variance standards of Minn. Stat. §462.357 and the Eden Prairie City Code. Sincere or HOFF & AL GCH:lp EXHIBIT X GUSTAFSON &TYSON,P.A. GREGORY D.GUSTAFSON ATTORNEYS AT LAW DANIEL R.TYSON SURE 411 SS WILLIAM M.HABICHT 7400 METRO BOULEVARD OF COUNSEL DAVIO E.FOLIN EDINA.MINNESOTA SS63S HARRY GUSTAFSON IOSEPH I.DEUHS.IR. TELEPHONE(6121333.7277 May 9, 1987 Ms. Ann B. Spletzer 16794 Terrey Pine Drive Eden Prairie, Minnesota 55344 Dear Ann: I am writing to you as I promised at last night's meeting to outline the proposal of my client SuperAmerica Stations, Inc. ("SuperAmerica"), in connec- tion with the variance request for the driveway onto Terrey Pine Court. 1. Sidewalk. SuperAmerica will install at its expense, along the south side of Terrey Pine Drive frnrn the intersection of Highway 4 to a point approxi- mately 25 feat beyond the intersection of Terrey Pine Court and Terrey Pine Drive. In addition, my client will install at its expense, a sidewalk along the east right-of-way line of Terrey Pine Court which will run between Terrey Pine Drive and the new driveway opening. The sidewalk will be built according to city specifications. The City's and the residents' input into the sidewalk is requested. 2. Signage. SuperAmerica will provide, at its sole cost and expense, directional signage on Terrey Pine Court and Terrey Pine Drive as discussed at the meeting last night. Signage to be included will include a larger stop sign, a "dead-end" sign and others which are to be installed pursuant to City specifi- cations and with City and resident input. SuperAmerica would also have the intersections of Terrey Pine Court, Terrey Pine Drive striped with yellow or other appropriate striping to indicate crosswalks. 3. Truck Traffic. SuperAmerica will require its own truck drivers and its vendors' truck drivers to use the Highway 5 and Highway 4 exits and entrances and not to use the new driveway opening onto Terrey Pine Court. My client is also willing to identify the driveway as a "no truck traffic" access. Page Two Ms. Ann B. Spletzer May 9, 1987 4. Median Division and Stop Signal. As we discussed at the meeting, SuperAmerica would be more than pleased to work with the neighbors on a coopera- tive �. basis and approach Hennepin County and the City of Eden Prairie for the purposes of eliminating the requirement for the proposed median within Highway 4. In addition, as we discussed, in the event that our joint efforts fail to convince the County to eliminate the median strip, my client will cooperate and work directly with the residents on the installation of a traffic signal at the intersection of Terrey Pine Drive and County Road 4. I want to thank you and the other residents who were in attendance at the meeting last night for the very positive input. I believe that we made great strides in meeting both the needs of SuperAmerica and of the neighborhood resi- dents. As I also discussed with you, I will be available on Tuesday evening for further discussion and any other questions with you or other residents. At that time, I would have a more detailed drawing of the proposal regarding the side- walk and the signage. Please advise me of the location for the meeting. I suggest the time of between 6:00 o'clock p.m. and 8:00 o'clock p.m. to accom- modate the various schedules. My client is looking forward to working with the residents of the neigh- borhood in connection with this variance and in the ongoing common concerns into the future. Sincerely yours, GUSTAFSON & TYSON, P.A. DRT/jdf Daniel R. Tyson cc: Glenn Hill Roman Mueller MTG#82/SA-LI 14.1 m m it Y (WON 3Filb id N303 0�H•ed 1 '''s"----------________J. y•g•0 ... 4SV/Illir I e o Foam p xiycL1 id L` tlzi o il1flo3 3NId A3111+31 s G 1 VW) CO Z • l a O • liii O _� i . <Cti ' •ao O _.a. r.. a!III 0 ---• W CN3 00 a. w Z g i o " O —0.AD c OY30 S Z D w v• 0Cc } 7 cc e t�i u L 7; C10 1 x C _ c co S)Or,al 2 ON ` top W 4V O (a "'1► m a • cc 01100 �, a • .......__ ill, t t 1------\ ` W p b t r O 4.. U O co I — V 0 1E CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-141 RESOLUTION APPROVING THE PRELIMINARY PLAT OF GOPHER LANE DIVISION FOR PATRICK G. BAUER BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Gopher Lane Division for Patrick G. Bauer, dated April 7, 1987, consisting of 1.5 acres into 3 single family lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 2nd day of June, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk { STAFF REPORT TO: Planning Commission FROM: Donald R. Uram, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: May 22, 1987 PROJECT: Gopher Lane Division LOCATION: North of Ridge Road, west of East Staring Lane APPLICANT/ FEE OWNER: Patrick G. Bauer REQUEST: 1. Preliminary Plat of 1.72 acres into three single family lots. Background 4c This site is currently designated on 1 °c" the Eden Prairie Comprehensive Guide Plan for Low Density Residential k land uses. Surrounding designations ` within this area are also Low Density Residential. Specific land — uses include Staring Lake 1st Addition, zoned R1-22 to the south; N--z Brace's Bit subdivision, zoned R1-22 to the west; Rural property and - , , Staring Lake to the east, and vacant _ property to the north. The pro- I I I ` �I1 }�_J\ ( I ponent is requesting the preliminary ' # , platting of a 1.72-acre tract into i . PROPOSED SiTE r three single family lots. ! e'' Y Site Plan l Il`< 4113 The site plan depicts the division of a 1.72-acre tract of land into �� --— three single family lots. All three ,,,�'9��� lots will be accessed from East �� unimprg d. which is currently I Ot unimproved. A special assessment ill agreement will be required by the City of Eden Prairie for future road and utility improvements. Lots ' , range in size from a minimum of 23,956 square feet to a maximum of AREA LOCATION MAP Gopher Lane Division 2 May 22, 1987 27,085 square feet. All of the lots meet the minimum requirements of the R1-22 zoning district which this property is currently zoned. However, Chapter 11.03, Sudivision 3,(C) states that "where 40% or more of block is developed, the required setback shall be equal to or greater than the average existing setback". The average existing setback in the area is currently 46 feet. Plans shall be revised to reflect a 46-foot front yard setback. This site is gently sloping in a westerly direction from a high point adjacent East Staring Lane of 878 to a low point of 850 which is to the rear of Lot 3. Minimum grading is required to allow for the building pads on this site. Utilities Since this property was zoned R1-22 prior to July 1, 1982, water and sanitary sewer service is not required for this site. Chapter 11.11 Subdivision 2,(B), states that "permitted uses within the R1-22 zoning district include single family detached dwellings, and accessory structure except sanitary sewer and water service shall not be required with respect to those lands use which were situated within the R1-22 zoning district on or before July 1, 1982." This property was zoned by Ordinance #21-8 occuring in November of 1969. STAFF RECOMMENDATIONS The Staff would recommend approval of the request for the preliminary platting of 1.72 acres into three lots based on plans dated April 7, 1987, and subject to the recommendations of the Staff Report, dated May 22, 1987, and subject to the following conditions: L 1. Revise the preliminary plat to reflect the appropriate scale drawings and average front yard setbacks for Lots 2 and 3 of 46 feet. 2. Submit storm water run-off and erosion control plans for review by the Watershed District and the City Engineer. 3. Pay the appropriate Cash Park Fee. 4. Submit plans for review by the Building Department for the installation of the septic and well systems. 5. Sign a special assessment agreement with the City of Eden Prairie for the upgrading of East Staring Lane including water and sanitary sewer service. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-142 RESOLUTION APPROVING THE PRELIMINARY PLAT OF TIMBER CREEK WOODS 3RD ADDITION FOR BUILDERS DEVELOPMENT AND FINANCE BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Timber Creek Woods 3rd Addition for Builders Development and Finance, dated May 1, 1987, consisting of 1.34 acres into 6 single family lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADDPTED by the Eden Prairie City Council on the 2nd day of June, 1987. r Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: May 22, 1987 PROJECT: Timber Creek Woods 3rd Addition LDCATION: North of South Manor Road and east of Mistral Lane APPLICANT/ FEE OWNER: Builders Development and Finance REQUEST: Preliminary Plat of 1.34 acres into six single family lots. { Background 7scNool olsr. `\ _ LIIIMM rtlNl•I•4 ip These lots are part of the Timber . I III � � _� Creek Woods 2nd Addition, previously .� mosine.E WIMP zoned R1-9.5 and platted in 19B3, ; �� with lot frontage variances granted jj ��� E7_ �■�il�r through a Planned Unit Development. a /�+i .+ '".?*,,4 ;' • rt! ,j Preliminary Plat (� s' Brim�l a This proposed plat widens some of Alf VO ••, I ,,,,,W,w YI the lots at the buildingsetback gip,. � �,�/� u line in order to acconmodte more ?a► t.0 so ` PROPOSED SITE 7V desirable homes and to maintain the ��i or-, . �' minimum setback requirements for the : !float t. ' `i �� 4 R1-9.5 district. All .1:1 a'� '"proposed lots .�,�:� _-- .�y.�%. _� �� r1 ! li under the PUD. ;1 �� opv II R1 13.5 mg EMIFF a 1� ,, «� iii 1 ,- t:- 044: •77/f mot' a I AREA LOCATION MAP !, Timber Creek Wood 3rd Addition 2 May 22, 1987 ( STAFF RECOhMENDATIONS Staff would recommend approval of the Preliminary Plat of 1.34 acres into six single family lots subject to the plan dated May 21, 1987, and subject to the Staff Report dated May 22, 1987, and subject to the following: 1. In conjunction with Final Plat approval, the proponent shall: A. Vacate all unnecessary easements. 2. Prior to Building permit issuance, proponent shall: A. Pay appropriate Cash Park Fee. 1.1—/ JOINT RESOLUTION OF EDEN PRAIRIE & BLOOMINGTON RESOLUTION NO. 87-138 RE: COUNTY STATE AID HIGHWAY NO. 18 (TOWN LINE AVE.) FROM WEST 108TH STREET TO I.494 WHEREAS, the City Council of the City of Eden Prairie is the governing body of the City empowered to act on the behalf of the citizens of the City for the protection of public health, safety and welfare; and WHEREAS, the City Council of the City of Bloomington is the governing body of the City empowered to act on the behalf of the citizens of the City for the protection of public health, safety and welfare; and WHEREAS, the Hennepin County Board of Commissioners is the governing body of Hennepin County; and WHEREAS, County Road 18 is located on the common boundary of Eden Prairie and Bloomington; and WHEREAS, County Road 18 is on the County Highway System, this resolution is respectfully submitted; and WHEREAS, the construction of County Road 1B from West Old Shakopee Road and Riverview Ave. to I.H.494 is urgently needed to provide adequate access to signi- ficant existing and proposed residential areas in the cities of Eden Prairie and Bloomington; and WHEREAS, the design of subdivisions and developments along County Road 18 has for several years contemplated the improvement of this county road to high standards and assisted planning for it through access control, space provisions and structural setbacks; and WHEREAS, County Road 18 is of primary importance to the total road system of the area; and WHEREAS, County Road 18 currently functions as an arterial connection to major east-west streets such as West Old Shakopee Road, Pioneer Trail, Anderson Lakes Parkway and Bloomington Ferry Road; and WHEREAS, the existing road is inadeouate for the current traffic levels; and WHEREAS, the existing road has poor visibility on summit vertical curves; and WHEREAS, the existing road has insufficient width and shoulders; and WHEREAS, if no improvement is made on the road, the traffic congestion will become intolerable and traffic accidents will increase; and WHEREAS, the proposed project is consistent with the current Plans of other governmental agencies; and WHEREAS, the Environmental Impact Statement has been comnleted on the Project; and WHEREAS, the right-of-way over a large portion of the route has been acquired or dedicated; and r:1� WHEREAS, construction costs are increasing each year. NOW THEREFORE BE IT RESOLVED that the City Councils of the City of Eden Prairie and the City of Bloomington request that the Board of Commissioners of Hennepin County take appropriate action to commence the construction of County Road 18 at the earliest possible date. BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to each County Conmissioner of Hennepin County. Adopted this day of , 1987. Mayor of Eden Prairie Attest: City Clerk of Eden Prairie Mayor of Bloomington Attest: City Clerk of Bloomington • 1 • • I-tjJ