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HomeMy WebLinkAboutCity Council - 06/16/1987 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, JUNE 16, 1987 7:30 PM, 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 OF BUSINESS II. MINUTES A. Regular City Council Meeting held Tuesday, 19, 1987 Page 1431 B. Board of Review Meeting held Tuesday, June s 1987 Page 1464 C. Regular City Council Meeting held Tuesday, June L. 1987 Page 1474 III. CONSENT CALENDAR A. Clerk's License List Page 1487 B. Approve Eden Lake Elementary School Play Structure Bid Page 1488 C. Approve Eden Prairie High School request for pool time Page 1501 D. Receive Feasibility Study for Trunk Watermain between I-494 and Page 1511 Rowland Road (International School and set Public Hearing, I.C. 52-Tf7(Resolution No. 87-148) E. Approve Plans and Specifications for Trunk Watermain between Page 1512 I-494 and Rowland Road and authorize bids to be received, I.C.. 5217 (Resolution No. 87-149) F. Approve Plans and Specifications for Prairie View Drive and Page 1513 St. Andrew Drive Utility and Street construction and authorize bids to be received. I.C. 52-104 Resolution No. 87--150 G. Cooperative construction agreement with MnDOT for improvements Page 1514 to TH5 east of Wallace Road, I.C.. 52-b74Tolution No. 87-151) H. Cooperative Signal Agreement with MnDOT and Hennepin County Page 1534 for installation at Wallace Road/TH5 and revision to the signal at Mitchell Road/TH5, I.C. 52-074 (Resolution No. 7-T52) I. Change Order No. L. Anderson Lakes Parkway, I.C. 52-D35 Page 1536 City Council Agenda - 2 - Tues.,June 16, 1987 J. Approval of Agreement with ISD No. 272 for Lease Agreement with old City Hall Page 1537 K. Final Plat Approval of Cardinal Ridge (east of Baker Road Pa e 1552 . 87 g and north of Nine Mile Creek) Resolution No L. Final Plat Approval of Eide Knolls (south of Valley View Road Page 1555 and west of The Meadows Addition) Resolution No. 87-159 M. Final Plat Approval of Welter Purgatory Acres 4th (replat of Page 1558 Lot 1 Blk. 3 Welter Purgatory Acres 1st Addition) Resolution No. 87-161 N. Final Plat A roval of Brody Addition (south of Eden Road and Page 1560 west of Glen Lamar- Resolutions N�-162 0. LAVONNE INDUSTRIAL BUILDINGS II AND III, by LaVonne Industrial Page 1562 Park Partnership. 2nd Reading of Ordinance #21-87 from Rural to I-2 and within the I-2 District, and 2nd Reading of Ordinance #22-87 from I-2 Park to R1-22 for LaVonne Industrial Park II and III; Approval of Supplements to Developer's Agreement for LaVonne Industrial Park II and III; and Adoption of Resolution #87-163 Authorizing Summary and Ordering Publication of Ordinance #21-87 and Adoption of Resolution #87-164, Authorizing Summary and Ordering Publication of Ordinance #22-87. 95,100 square feet of industrial space within two buildings together with 3 single family lots. Location: East of Chicago Northwestern Railroad, north of Stratford Road, and west of Leesborough Avenue. (Ordinance #21-87, Rezoning from Rural to I-2 and within I-2; Ordinance #22-B7, Rezoning from I-2 to R1-22; Resolution #87-163, Authorizing Summary and Publication and Resolution #87-164, Authorizing Summary and Publication) P. Denial of Ridgewood West 6th PUD (Resolution No. 87-178) Page 1576 Q. Approve Plans and Specifications for TH5 Improvements between Page 1578 Prairie Center Drive and Wallace RoadTesolution No. 87-175 R. Final Plat Approval for Mitchell Estates (south of Scenic Page 1579 Heights Road, east of Hiawatha Avenue) Resolution No.87-176 S. Approval of Mutual Aid Agreement with City of Shakopee Page 1581 T. BLUESTEM HILLS 3RD ADDITIDN, by Brown Land Company. Request Page 1587 for Preliminary Platting of 1.63 acres into three single family lots. Location: South of Bluestem Lane, north of Purgatory Creek. IV. PUBLIC HEARINGS A. THE RIDGE 2ND ADDITION by Dirlam Development. Request for Page 1588 Comprehensive Guide Plan Change from Industrial to Low Density Residential on 6.7 acres and from Public Open Space to Low Density Residential on 12.2 acres, Planned Unit Development Concept Amendment on 41.5 acres, Planned Unit Development District Review on 41.5 acres with Zoning District Change from I-Gen to R1-13.5 on 37.7 acres with variances, Preliminary Plat of 41.5 acres into 70 single family lots, one outlot, and road right-of-way. City Council Agenda - 3 - Tues.,June 16, 1987 Location: West of Evener Way, South of the Chicago, Milwaukee, St. Paul and Pacific Railroad. A continued public hearing from June 2, 1987) (Resolution #87-166, Comprehensive Guide Plan Amendment; Resolution #87-167, PUD Concept Amendment of Crescent Ridge PUD; Ordinance #30-87-PUD-5-87, PUD District Review and Rezoning; Resolution #87-168, Preliminary Plat) B. AMOCD SERVICE STATION Amoco Oil Company. Request for Page 1611 Comprehensive Guide Plan Amendment from Low Density Residential to Community Commercial on 0.94 acres, Zoning District Change from Rural to C-Highway on 0.94 acres, and Preliminary Plat of 0.94 acres into one lot. Location: Southeast corner of Shady Oak Road and Crosstown Highway #62. (Resolution #87-169, Comprehensive Guide Plan Amendment; Ordinance #31-87, Rezoning from Rural to C-Highway; Resolution #87-170, Preliminary Plat) C. LEGION PARK, by R.M. Feerick & Associates. Request for Comprehensive Guide Plan Amendment from Industrial to Community Page 1621 Commercial on 2.9 acres, Zoning District Change from I-2 to Community Commercial on 2.9 acres, and Preliminary Plat of 9.33 acres into 3 lots and 1 outlot with variances to be reviewed by the Board of Appeals for construction of a 14,400 square foot building. Location: East of County Road #4, north of the Chicago and Northwestern Transportation Railroad. (Resolution #87-171, Comprehensive Guide Plan Amendment; Ordinance #32-87, Rezoning from I-2 to Community Commercial; Resolution #87-172, Preliminary Plat) D. MAJESTIC DAKS, by Ail-Land Corporation. Request for Zoning District Change from Rural to R1-13.5 on 5 acres, Preliminary Page 1632 Plat of 5 acres into 12 single family lots. Location: East of West 168th Avenue, south of Manor Road. (Ordinance #33-87, Rezoning from Rural to R1-13.5; Resolution #87-173, Preliminary Plat) V. PAYMENT OF CLAIMS Page 1648 VI. ORDINANCES & RESOLUTIDNS A. ANDERSON'S GARDEN SHOPPE, by Don C. and Rita L. Anderson, and H. J. Nyhamner. Request for Comprehensive Guide Plan Change from Page 970 & Low Density Residential to Neighborhood Commercial on 1.D1 acres, 1288 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 Lii' Red. Also, Comprehensive Guide Plan Amendment from Low Density Residential to Community Commercial on 1.27 acres and Zoning District Change from R1-22 to C-Com on 1.27 acres 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 to be known as Anderson's Garden Shoppe. (Lii' Red-- Resolution #87-144, Comprehensive Guide Plan Amendment to Neighborhood Commercial; Ordinance #28-87, Rezoning to Neighborhood Commercial; Anderson's Garden Shoppe--Resolution #87- 145, Comprehensive Guide Plan Amendment to Community Commercial; Ordinance #29-87, Rezoning to Community Commercial; Resolution #87- 146, Preliminary Plat) City Council Agenda - 4 - Tues.,June 16, 1987 VII. PETITIONS, REQUESTS & COMMUNICATIONS 0 A. Townline Road - Review preliminary concept layout plan Page 1655 Resolution No, 87- 56) B. Receive petition for street and utility improvements for Page 1688 extension of Evener .611TITa authorize preparation of a feasibility study, I.C.. 51-125 Resolution No. 87-33'3T C. Receive petition for street, storm sewer and bike path Page 1692 improvements for Dell Road adjacent to The Ridge 2nd Addition and authorize preparation of a feasibility study, I.C. a2-126(Resolution No. 87-154) 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 1. Request authorization to hire Architect to prepare plans Page 1695 and specifications to bid for repair of Community Center 2. Approve proposed revisions to rental program and member- Page 1696 ship fees at the Community Center Resolution No. 87-177) F. Report of Director of Public Works • 1. TH 212 Environmental Impact Statement Joint Powers Page 1723 Aireement (Resolution No. 87-155) XI. NEW BUSINESS XII. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 19, 1987 7:30 PM, 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: All members were present. Upon advice from the City Attorney on the question of whether the Council meeting could properly begin before the closing of the polls for the School Board election, Mayor Peterson began the meeting with the first Public Hearing, ANDERSON'S GARDEN SHOPPE. For the purpose of consistency in the Minutes, those proceedings will appear in order as Item IV. A. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: VII. C. Request of Minneapolis Rowing Club; X. A. 2. Pidcock - Discussion regarding extra vehicles around residential areas; X. A. 3. Peterson - Retcuest for Council part icirt pationinn dunk tank. MOTION: Bentley moved, seconded by Anderson, to approve the Agenda and Other Items of Business, as amended and published. Motion carried unanimously. II. MINUTES OF SPECIAL CITY COUNCIL MEETING HELD THURSDAY, APRIL 30, 1987 MOTION: Bentley moved, seconded by Harris, to approve the Minutes of the Special City Council meeting held on April 30, 1987, as published. Motion carried unanimously. III. CONSENT CALENDAR A. Clerk's License List City Council Minutes -2- May 19, 1987 B. Final Plat Approval for Jennifer Addition (Bank at N.E. Corner at TH 5 and CSAH 4) Resolution No. 87-116 C. Final Plat A roval for Storage Complex (Williams Mini- Storage TH 1 Resolutin No. 87-117 D. Final Plat Approval for Wilson Pointe (Flying Cloud Drive, north of Valley View Road) Resolution No. 87-118 E. Authorize preparation of Feasibility Study for Rowland Road mprovements, I.C. 7-0 (Resolution No. 87-120) F. Award bids for Edenbrook Play Structure G. Change Order No. 2 for Wyndham Knoll Improvements, I.C. 52-097 H. Request Authorization to hire Architect for Renovation of old City Hall for Senior Center. I. Authorize and reecuest Hennepin County to install "No Parking" signs along Pioneer Trail (County Road1) near Homeward Hills Road ZResolution No. 87-126) Bentley asked with which project Item E, Feasibility Study for Rowland Road improvements,was in conjunction. Director of Public Works Dietz said the possibility of redoing that feasibility study was discussed at the meeting regarding Bryant Pointe. Bentley asked if this was for the entire length of Rowland Road. Dietz said it would be from Town- line Road to Shady Oak. Bentley asked what caused the 12% increase for the Wyndham Knoll improvements, Item G. Dietz said this was a 100% petition project with the developer responsible for grading the site. After the City began to install the utilities, it was determined that a subcut would be necessary to stabilize the road. Bentley asked if Item H to hire an architect for renovation of Old City Hall for a Senior Center was on this year's community development block grant. Director of Community Services Lambert said we reapplied for some funds that were returned. He said we were approved for $30,000 and we have determined that we want to use those funds for this project. Harris noted that a date on page 1097 of the Consent Calendar items should be 1986 rather than 1987. Regarding Item I, she asked if there are any other options at this time rather than installing "No Parking" signs along Pioneer Trail. City Council Minutes -3- May 19, 1987 Peterson said he assumed an option would be to expand the church parking lot. Regarding Item B, Pidcock said she was questioning all the signage on the property as she thinks it is a mess there. City Manager Jullie said he would suspect some of them are construction signs; however, Staff will review the site and get back to the Council on that. MOTION: Anderson moved, seconded by Harris, to approve Items A - I on the Consent Calendar. Motion carried unani- mously. IV. PUBLIC HEARINGS A. 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 acres 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. A continued public hearing from 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. He said this Public Hearing had been continued from the May 5th Council meeting. Fred Hoisington, representing proponent, addressed the proposal. Planning Director Enger said the Planning Commission reviewed this proposal at the March 23rd meeting and continued the item to the April 13th meeting. At the April 13th meeting the Commission recommended on a 7-0 vote denial of the request for Comprehensive Guide Plan Change and the rezon- ing request, subject to the recommendations of the Staff Reports of April 10, 1987 and March 20, 1987. He said the Commission recommended approval of the rezoning for the southern portion of the Li'l Red property to Neighborhood Commercial as that action had been taken by a previous Council but was never consummated. Enger said Staff has received additional information since the Planning Commission meeting in April. He said the Commission was concerned about the appropriateness of zoning this site to commercial; rather they felt low- density residential was appropriate for this site. City Council Minutes -4- May 19, 1987 Proponent has provided additional information that shows low density residential is not feasible. Enger said Staff has done further work on this and it appears that it would be feasible under certain conditions. Enger said the Planning Commission was concerned about land use and the ability to control the land use on a day-to-day basis for the long term. He said proponent has indicated a willingness to place restrictive covenants on the property in order to provide additional control by the City; however, such covenants would be helpful for long-term control. Enger said proponent has put forth additional changes including some design and building material changes. He suggested that new elevations be required from proponent to illustrate the exterior to be used and that the materials be in conformance with the ordinance, should this project be approved. He said additional parking and traffic infor- mation has been provided; however, it is difficult to predict just what traffic will be generated from a project such as this. Enger said the new proposal including outside storage and display areas will be about three times as large as the use at the current location. He said this would require a minimum of 36 parking spaces or 48 spaces by Code. He said it would be difficult to provide the 48 spaces without using the buffer area to the south. Bentley asked Mr. Hoisington to elaborate on what the proposed restrictive covenant might contain or what it might accomplish. Mr. Hoisington said they were looking at restrictions on use, such as parameters on types of things sold, reuse, and generally narrowing it to a level that is comfortable for both parties. Bentley asked if the restrictions would preclude outdoor storage of such items as landscaping ties and fertilizer bags. Hoisington said they are agreeable to that. Anderson asked City Attorney Pauly if such an agreement could be binding. Pauly said such agreements have been entered into in the past and he believes they are binding. He said the level of control requires additional adminis- trative oversight. Peterson noted he would rather have restrictions related only to future use so that a future Council would have the opportunity to approve an alternate use. Harris asked about the proposed signs for the Garden Shop. Hoisington said they will be a maximum of six feet high City Council Minutes -5- May 19, 1987 and will be placed in the front of the building in order to be seen from Eden Prairie Road. E. F. Grover, 16390 Westgate Drive, said they bought their property with the assurance that the Westgate subdivision was zoned low-density residential. He said their sense of privacy is threatened by this change to Community Com- mercial for the property adjoining their backyard, and he vehemently opposes this change in the zoning. Rhoda Grover, 16390 Westgate Drive, said a six-foot fence would not be adequate to block out the view or the noise from the proposed parking area and noted it is only 40 feet from their yard to the parking lot. Todd Bollig, 16251 Westgate Lane, said he thought the project was a great idea and would be an improvement to the current building on the property. Ken Johnson, 16370 Westgate Drive, said he was in favor of the project as his greatest fear is high-density resi- dential on that property. He said he thought the proposed project will be very attractive and will be landscaped r very well. He thought it might provide a buffer from the l traffic noise on Hwy. 4. Roger Skogman, 16251 Westgate Trail, said he was in favor of the project, particularly the homes that will be built as part of the project, as it would improve the entire neighborhood. Tom Reigart, 16391 Westgate Drive, said he is concerned with the traffic problems and with customers parking along his street if there is not enough parking provided in the project. Haakon Nyhammer, owner of Li'l Red Grocery, said he thought this would be a low-key and very compatible use for the property adjacent to his store. He said their current shop is well kept up. He said the problems with traffic through the parking lot is under control as a result of the ordinance recently passed. Bruce Lindbloom, 7370 Walnut Court, said he believes the issue is that this property is zoned residential for a reason; that is, in order to separate commercial and residential areas. He said there are plenty of locations for commercial development; however, the Andersons made a speculative purchase in a residential area and then asked to have it rezoned. !J `. 1 City Council Minutes -6- May 19, 1987 Bill Kenny, 17651 W. 78th Street, said he thought it would be difficult to sell a single-family residence on that property because of the traffic volume on Hwy. 4, the lights from the ballpark, and the noise from Li'l Red. He said he was in favor of the project. Christine Dodge, 15850 Westgate Drive, said she is concerned with the problem of traffic south on Hwy. 4 trying to make a U-turn into this project. She said this would be a prob- lem for anything built on this property. Don Anderson, proponent, said there will be no outside storage whatsoever. He said the sign is in conformance with the ordinances. He said they felt this would provide the best buffer for the surrounding neighborhoods. He noted that if this project is not approved, Eden Prairie residents will have to go outside of the City for their garden needs. He submitted a petition signed by many customers and neighbors in favor of the project. (Attach- ment A) Mr. Anderson said their proposal is for 3000 square feet, as opposed to 2000 square feet plus 500 square feet of storage at their current location. He said all of the operations will cover only 25% of the property. Jan Goettsch, 16221 Westgate Drive, asked what the hours of operation will be. Mr. Anderson said it will be open only during daylight hours--9:00 AM to 7:00 PM in the height of the season. Ms. Goettsch said she has a problem with the traffic that will be generated by this project. Regarding the question of buffering and compatibility, Bentley said he could relate to the Grovers' concerns having experienced a similar episode in his neighborhood; however, such a facility can be a very good neighbor and it can be adequately screened. He said he thought the Planning Commission and Staff should be complimented on doing a very thorough job of reviewing this proposal. He said he thought one of the reasons for Staff and Com- mission recommendations on this project was previous Council statements made concerning the future of this property. He said he believes the Council needs to retain flexibility as to appropriate land use and whether a proposed use represents the highest and best use of the property. He said he thought this project is an approp- riate land use and does represent the highest and best use of that property. Councilmember Anderson said he thought you make a commit- ment to people when you zone a parcel of property so that City Council Minutes -7- May 19, 1987 people who buy in an area can rely on the zoning commit- ment. He said the neighbors were very concerned about traffic in this area previously and this will add to that problem. He said he was also concerned about how long this property will remain a garden store once it is re- zoned. Harris said she was troubled by certain aspects of this project, particularly the traffic issue; however, she is also sensitive to some of the alternative uses of the property. She said she agreed with Mr. Bentley that this could be and probably is an appropriate utilization of this piece of property. She said she was also interested in Mr. Enger's alternative resolutions for development of this property. Enger said, subsequent to denial by the Planning Commission, Staff spent some time discussing alternatives, primarily involving additional residential area, changing access to the property, or incorporating Anderson's store into the Li'l Red building. Peterson said he thought there was validity on both sides of this issue. In his opinion we have been presented with a low-intensity, high-quality and aesthetically-pleasing development. He said another use might actually further increase the traffic and that the project may well be an asset to the neighborhood. Pidcock said she thought the quality of the neighborhood would be improved with this project. MOTION: Bentley moved, seconded by Pidcock, to close the Public Hearing and to direct Staff to prepare the necessary Ordinances and Resolutions for approval, with such Ordinances and Resolutions to include the items discussed tonight regarding development of restrictive covenants for land use, a higher fence along the side adjacent to the Grovers' property, proponent providing additional information on building elevations and materials proposed, proof of parking to meet the ordinances, the question of signage, and variances to be reviewed by the Board of Appeals, and with the understanding that this represents preliminary approval of the project and of the Comprehensive Guide Plan Amendment. Pauly noted that the Comprehensive Guide Plan Amendment has to be approved by the Metropolitan Council before the final rezoning can occur. Hoisington asked if they would be coming back for 2nd Reading within a month. Enger said the Met Council approval would be a summary approval and we would probably receive it back within a month. City Council Minutes -8- May 19, 1987 VOTE ON THE MOTION: Motion carried with Anderson voting "No." B. LAVONNE INDUSTRIAL BUILDINGS II AND III, by LaVonne Industrial Park Partnership. Request for Site Plan Review within the I-2 District on 7.84 acres, Zoning District Change from Rural to I-2 on 1.2 acres, from Rural to RI-22 on 2 acres, and from I-2 to R1-22 on 1.3 acres for con- struction of 95,100 square feet of industrial space within two buildings together with 3 single family lots. Loca- tion: East of Chicago Northwestern Railroad, north of Stratford Road, and west of Leesborough Avenue. (Ordinance #21-87, Rezoning within I-2 District; Ordinance #22-87, Rezoning from I-2 to R1-22) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Jim Noreen, representing proponent, addressed the proposal. Planning Director Enger said the Planning Commission re- viewed this item at the April 27th meeting. He said the two lots for proposed industrial exist within thn approved LaVonne Industrial Park and there are three lots proposed for single-family residences to the south of Edenvale Blvd. He said the Planning Commission voted 7-0 to recommend approval of the request, subject to the recommendations in the Staff Reports of April 24, 1987. Pidcock asked about the truck traffic onto Edenvale Blvd. Mr. Noreen said there is a potential of 55-foot trucks at this facility and noted that there are existing truck route signs on Edenvale Blvd. Pidcock said she understood that Edenvale Blvd. was to be a minor collector street. Enger said the original intent was to divert truck traffic from the Edenvale and Tanager Creek residential areas and the medians were set up to direct truck traffic in that area. A discussion followed regarding the possible problems with truck traffic in the area. Enger said the quickest access route is by Carlson Drive to the Crosstown. Anderson said we need to take a look at the truck signage in the area so that we can divert any truck traffic through the industrial area. Bentley asked Enger if the Planning Commission and Staff are in agreement with the external materials proposed for City Council Minutes -9- May 19, 1987 this project. Enger responded that the Industrial Park District still allows concrete materials. There were no comments from the audience. MOTION: Bentley moved, seconded by Harris, to close the Public Hearing and to give 1st Reading of Ordinance No. 21-87 for Rezoning within the I-2 District. Motion carried unanimously. MOTION: Bentley moved, seconded by Harris, to give 1st Reading of Ordinance No. 22-87 for Rezoning from I-2 to R1-22. Motion carried unanimously. MOTION: Bentley moved, seconded by Pidcock, to direct Staff to prepare an amendment to the Developer's Agree- ment incorporating Commission and Staff recommendations. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to analyze, review and return to the Council with recommendations relative to truck traffic on Edenvale Blvd. by the next Council meeting. Motion carried unani- mously. MOTION: Pidcock moved that the Staff recommendations relative to truck traffic on Edenvale Blvd. will be acted upon by the Council. Motion died for lack of a second. C. FAITH CHURCH OF THE NAZARENE. Request for Comprehensive Guide Plan Amendment from Low Density Residential to Church on 5.87 acres, Zoning District Change from Rural to Public, and Preliminary Platting of 5.87 acres into one lot for construction of a church. Location: South of County Road #1, east of Blossom Road. A public hearing. (Resolution #87-121, Comprehensive Guide Plan Amendment; Ordinance #23-87, Rezoning; Resolution #87-122, Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Rev. Dave Frisbee, pastor of Faith Church of the Nazarene, addressed the proposal. Planning Director Enger said the Planning Commission re- viewed this item on April 27th and recommended on a 6-1 vote approval of the Comprehensive Guide Plan change to public and rezoning from Rural to Public to allow for a City Council Minutes -10- May 19, 1987 church, subject to the recommendations of the Staff Report of April 24, 1987. He said the primary concerns were with the traffic problem on County Road 1; however, this church will add very little to the traffic problem on that road. He said they will check again with the County staff to see if they would recommend the installa- tion of right and left turn lanes on County Road 1. Enger said one of the Staff recommendations included a slight modification to the site plan so that the parking and the building could be shifted further west in order to leave a wider buffer area to the townhouse area. He said the church representatives have agreed to those changes. Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission reviewed this last night and recommended approval on a 5-0 vote, per the recommendations of the Planning Commission and Staff. Anderson asked Enger what his feelings were about a right- only for out-going traffic as he felt the left-hand turn traffic causes problems in traffic. Enger said he agreed that the left cross turning traffic causes problems, and he thought it was important to work further with the County on this. He said a right-only might create different prob- lems further to the west. Anderson then asked whose responsibility and cost it would be for the turning lanes if the decision is made that they are necessary. Enger said normally if the County recom- mends such lanes, Staff then makes that recommendation to proponent and the proponent would pay for the improvements; however, we have not received that recommendation from the County. Bentley asked if there is any alternative exit available for this church. Enger said an additional access to Blossom Road through an intervening lot might be possible. Director of Public Works Dietz noted that this area has been re- viewed and it is now being recommended that Blossom Road be cul-de-saced rather than brought out to County Road 1. Dietz said alternative access for this site would be diffi- cult because of the grade. Anderson said there are still no sidewalks or trails along County Road 1 despite the addition of two churches and other development and asked when we plan to put pathways in. Lambert said that was included in the Parks Referendum that was defeated; however, they are requesting all developers to grade in the pad and give a trail easement. City Council Minutes -11- May 19, 1987 It will then be easy to put in the trail in those areas but there are still some very rough areas to get through as far as obtaining easements and construction on steep slopes is concerned. Anderson then asked if it was necessary to wait for a referendum on this. Lambert said the only other source of funds would be the General Fund and the trail system would be a minimum of $60-70,000 for the trail from Homeward Hills to Franlo Road. Pidcock noted that a lot of people walk to church, and it is very unsafe in this area. Doug Moran, 10788 Jackson Drive, said his backyard will have a view into the parking lot of the church because the proposed berm won't cover that area. He said the proposed tree plantings in that area are only six feet high and won't block the view for several years. Ron Szmergaiski, 10648 Jackson Drive, said he is concerned with drainage coming into their area and with the traffic problem. Jim Russell, 12220 Travois Road, said as a member of the church he was concerned that they will be good neighbors and add something to the community. He said they will make the adjustments necessary. He said they are also concerned about the traffic on County Road 1 and pedestrian safety along that road. He noted that their church will contribute at most on-tenth the traffic of the other two churches located along County Road 1. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing and to adopt Resolution No. 87-121, amend- ing the Comprehensive Guide Plan. Motion carried unani- mously. MOTION: Harris moved, seconded by Pidcock, to give 1st Reading of Ordinance No. 23-87 for Rezoning. Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock, to adopt Reso- lution No. 87-122, approving the Preliminary Plat of Faith Church of the Nazarene. Motion carried unanimously. Anderson asked if proponent would be allowed to not put a coating on the parking lot for a number of years. Enger replied that they would be required to hard surface the parking needed for the church initially. Peterson asked if the concerns of the neighbors to the east regarding screening of the parking lot should be addressed in the Developer's Agreement. Enger said as a minimum City Council Minutes -12- May 19, 1987 IrL six-foot trees are proposed to act as screening, and he felt the limited view of the parking lot would not be inappropriate. Peterson said that since the church has offered to be good neighbors, perhaps they would be willing to rectify the neighbor's concerns by planting taller trees. Anderson asked if the question about drainage had been answered. Director of Public Works Dietz said there is an outlot from the pond that was constructed with the townhouse development and the development of Jackson Drive. He said the elevation of the homes is said to be two feet above the high water mark of the pond. Anderson asked how deep the drainage pond is. Dietz said the current water elevation is low now, but could become deeper during a wet season. He said we have created similar ponding areas elsewhere in the City. Anderson asked about our liability as a City for a potential hazard such as a storage pond. City Attorney Pauly said there is a potential for some liability but it is also a matter of what alternatives exist and how reasonable are those alternatives. MOTION: Harris moved, seconded by Pidcock, to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. D. RIDGEWOOD WEST 6TH by Centex Homes Corporation. Request for Planned Unit Development Concept Amendment on approxi- mately 101 acres, Zoning District change from R1-13.5 to RM-6.5 on 8.1 acres and Preliminary Plat of 8.1 acres into 60 lots and 10 outlots for construction of 60 townhouse units. Location: North and east of Wellington Drive, north and west of Cumberland Road. (Resolution #87-123, PUD Concept Amendment to Overall Ridgewood West Planned Unit Development; Ordinance #24-87, Rezoning; Resolution #87-124, Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Tom Boyce, representing proponent, addressed the proposal. Planning Director Enger said previous to this request, Centex had a request for condo units which they withdrew after a visit to the Planning Commission. At the April 27th meeting the Planning Commission reviewed this proposal and, on a 6-1 vote, recommended approval of the requested zoning change, based on revised plans dated April 24th and subject to the recommendations of the Staff Report of April 24, 1987. City Council Minutes -13- May 19, 1987 Enger said the Staff recommendations included revising the plans to reflect a five-foot wide concrete sidewalk along the north side of the private loop road with appropriate connections to be made to the sidewalk along Cumberland Drive, details of interior lighting locations and any signage, and screening of the property across the private loop road and Wellington Drive intersection. He also noted that the original request for 60 units has been re- vised to 55 units. Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission reviewed the proposal on May 18th and recommended approval on a 5-0 vote, per the recommendations of the Planning Commission and Staff. Anderson asked what the selling price of the units will be. Boyce said their current base price in Bloomington is $77-$90,000. Steve Doms, 13949 Wellington Drive, said this project is entirely surrounded by single family homes. He said he had been told by Staff at City Hall that this area was zoned RI-13.5 and would be single family homes, and he made an economic decision based upon that information. He wondered whether this was a question of spot zoning and added that he believed the zoning should not be changed. John Ginn, 8961 Knollwood Drive, said he agreed that this project would be an island and he thought the existing single family neighborhood has a character different from a multi-family neighborhood. He said the Centex sales- people had told buyers that it would be single family. Dallas Reuter, 13805 Carmody, said he too was under the impression that this area would be single-family homes. He said he thought this project seems totally out of place. Kevin Davidson, 13947 Wellington, said he didn't think the Council should change the zoning as it is all single-family in the area. He said he was also concerned about the traffic level on Cumberland Road as it is currently used as a shortcut from Mitchell Road to Anderson Lakes Park- way, and that would increase with multi-family housing on this site. Tom Carmody, 8595 Mitchell Road, reviewed the history of the land purchase and development for their project which is near this one. He said their request for development of quads was turned down so they went along with the single City Council Minutes -14- May 19, 1987 family residences although the assessments are tremen- dous. He said they feel picked on. Mike Carmody, 8595 Mitchell Road, said they were told by the Planning Staff that they were going to maintain the single-family cluster to the southwest. He noted that this multi-family development makes their lots less desir- able. Anderson asked Enger to explain the PUD agreement with Centex. Enger reviewed the history of the Westover Woods area since the late 1970's. Pidcock asked how many buildings there will be in the project. Boyce said there are 12 buildings. Pidcock then asked if it would be possible to have units like the ones in Westover on this site. Boyce said they had made a number of economic decisions and believe this proposal is better. Pidcock then said she has a problem with single family all around and then going in with townhomes. Anderson asked what the current price is on the cluster homes. Boyce said they are sold outs however, the base price was about $76-92,000, with the average sales price a little over $100,000. Anderson noted that is about the same as these proposed townhouses. Bentley noted that the concept of cluster homes which is being referred to as single-family was actually looked upon as an experimental type of housing unit that was an alternative to townhouses. He said it was looked upon as multiple, medium-density development. He said he thought this was a nice development but it was being planned for the wrong site, and he thought they could accomplish close to the same thing in a cluster setting. MOTION: Pidcock moved, seconded by Bentley, to close the Public Hearing and to direct Staff to prepare a Resolution of Denial with Findings of the request for rezoning and PUD Concept Amendment. Peterson said he believed the interim decisions made by the developers to modify the PUD at various times has modified the entire PUD. Anderson said he was concerned that Eden Prairie is running out of this type of housing and the cluster homes were a type of successful first owner homes. VOTE ON THE MOTION: Motion carried unanimously. City Council Minutes -15- May 19, 1987 Pidcock said she wanted to restate that the reason for denial is because the property is surrounded by single family on all sides and the developer did modify the PUD at various times. V. PAYMENT OF CLAIMS NOS. 34570 - 34885 MOTION: Pidcock moved, seconded by Harris, to approve the Payment of Claims Nos. 34570 - 34885. Roll call vote: Anderson, Bentley, Harris, Pidcock and Peterson voted "aye." Motion carried unanimously. VI. ORDINANCES & RESOLUTIONS There were none. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Approve Plans and Specifications for Chain of Lakes Project (Resolution No. 87-119) Director of Public Works Dietz reviewed the plans for the Chain of Lakes drainage improvement project. He said it was very similar to the Feasibility Study prepared by Barr Engineering. The Watershed District could open bids within 45 days; however, they have not yet acquired all of the easements. He said we don't know the final costs the City will incur for this project as yet; those costs will include some maintenance work and 75% of the easement acquisition costs. MOTION: Anderson moved, seconded by Bentley, to adopt Resolution No. 87-119, approving Plans and Specifications for Chain of Lakes Drainage Improvements. Motion carried unanimously. B. Request from Naegele Outdoor Advertising regarding bill- boards MOTION: Bentley moved, seconded by Pidcock, to table this request until further notice. Motion carried unani- mously. C. Request of Minneapolis Rowing Club Referring to his memo of May 19, 1987, regarding the Minneapolis Rowing Club request, Director of Community Services Lambert said they want to install temporary marker buoys on Bryant Lake so that the club can hold the Minnea- polis Regatta there on June 6, 1987. He said the Park !I City Council Minutes -16- May 19, 1987 Reserve District Board has reviewed this and approved it on a one-time, trial basis. The Parks, Recreation & Natural Resources Commission reviewed this last night and recommended approval with the conditions that the Club secure a hold-harmless agreement for the date of the event and that the Club provide a copy of a letter notify- ing residents around the lake of the event by May 25th. Lambert said the Park District will control access for that date. He said the letter to the residents will explain what the Club is proposing to do and request them to not interfere with the races on that day. Lambert said approval of this item should be given with the understanding that if there is some other hazard or problem with this that we are unaware of, we have the right to change our mind and withdraw the approval. Peterson said he was concerned about the voluntary compli- ance of the neighbors and a letter doesn't get any com- mitment from them. Seth Ahlborn, Director of the Minneapolis Rowing Club, said voluntary compliance in any area is a concern. He said boats outside of the designated course are not a problem. Peterson asked how many residents might be affected by this. Lambert responded about 50 residents. Pidcock noted that this is done in communities on the East Coast all the time and asked how those areas handle this. Ahlborn said he thought people there are more aware of such events and support the activity. Lambert noted that the Parks Commission thought this was a great idea for the community as there will be free rowing lessons all day and other benefits. He said their primary concern was the issue of liability. Peterson asked if we could have some of our Public Safety personnel helping to patrol during the race. Pauly said that we could; however, there is no ordinance in the City Code that prohibits other persons from going on the lake during an event such as this. Such an ordinance would be the best solution. Anderson said he was also concerned about the problems with the airplanes on the lake. Lambert said the Parks Commission was also concerned about that and that was why they limited the placing of buoys to Saturday only. A l discussion followed regarding the airplanes on the lake. City Council Minutes -17- May 19, 1987 MOTION: Anderson moved, seconded by Pidcock, to give preliminary approval to the request of the Minneapolis Rowing Club to hold the Minneapolis Regatta on Bryant Lake, Saturday, June 6, 1987, subject to the recommenda- tions of the Parks, Recreation & Natural Resources Com- mission and Staff. 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 to schedule I-424 presentation Peterson said this item was continued from the prev- ious meeting. He suggested that Councilmembers view the 15-minute video and then decide whether an addi- tional meeting was necessary. 2. Pidcock - Discussion regarding extra vehicles around residential areas Pidcock said she was concerned about situations where there are six or eight vehicles in one driveway and asked if we have an ordinance to control such a situa- tion. Peterson said he agreed it was a problem, but he didn't know what can be done about it. A discus- sion followed regarding the possible control of such situations. 3. Peterson - Request for Council participation in dunk tank Peterson said the Schooner Days Committee would like Councilmembers to consider spending a half hour each in the dunk tank during Schooner Days. B. Report of City Manager There was no report. C. Report of City Attorney There was no report. City Council Minutes -18- May 19, 1987 D. Report of Director of Planning There was no report. E. Report of Director of Community Services 1. Request authorization to hire Planning and Engineering Consultant for Parks Referring to his memos of May 13 and 14, 1987, Director of Community Services Lambert said they need assistance in planning for the proposed 1987 projects. He said there was an error in the May 14th memo and 1% should be changed to 10%. Bentley asked how we monitor this. City Manager Jullie said Staff has set out some priorities and has determined how to monitor this type of consulta- tion. Bentley asked if this would be paid out of cash park fees. Jullie said it would. MOTION: Anderson moved, seconded by Harris, to approve the concept of using consultants for park planning, engineering and surveying assistance. Motion carried unanimously. 2. Request authorization to proceed with Referendum Voter Study Director of Community Services Lambert reviewed his memo of May 13, 1987, which outlined the estimated cost to conduct the Park Bond Referendum Study. The cost will be $1800-2000. MOTION: Harris moved, seconded by Pidcock, to approve the Park Bond Referendum Study for a total cost not to exceed $2,000. Bentley said he still thinks that the idea of doing such a survey is pointless and unnecessary. He was strongly opposed to the concept. Anderson said he agreed with Mr. Bentley. Peterson said that he thought it was important that we learn for what reasons this small group of people who regularly vote in our elections chose to vote as they did. VOTE ON THE MOTION: Motion carried with Bentley and Anderson voting "No." City Council Minutes -19- May 19, 1987 Harris noted that we are primarily seeking information as to what the citizens are thinking and are not trying to reverse the decision. 3. Eden Prairie/Edina Adaptive Recreation Program Proposal MOTION: Bentley moved, seconded by Harris, to approve the concept proposed in the memorandum of May 4, 1987, whereby Eden Prairie and Edina have agreed to pursue a cooperative agreement to join with Richfield and Bloomington to offer adaptive recreation programs. Harris said she thought this represents an efficient use of resources; that such a collaborative effort is a cost effective way to develop this type of service. Peterson asked what the source was of the statistics on the number of participants. Lambert said that was from the School District. Peterson said he would also like to see some projections as to participation. Anderson asked how many people will avail themselves of this program. Lambert said we have a good idea as most of them are now using the Bloomington-Richfield program. Anderson asked how the City fits into this if the School District is taking care of it. Lambert said cities are responsible for the youth recreation programs. He said the programs will be offered after school and in the summer. VOTE ON THE MOTION: Motion carried unanimously. F. Report of Director of Public Works 1. Award Contract for Valley View Road Improvements west of Golden Triangle Drive, I.C. 52-089 (Resolution No. 87-125) Director of Public Works Dietz reviewed the details of this project and the bids received. MOTION: Harris moved, seconded by Pidcock, to adopt Resolution No, 87-125, accepting bid of Preferred Paving Inc. for I.C. 52-089, Valley View Road west of Golden Triangle Drive. Bentley asked why there was such a big difference between the estimate and the actual amount. Dietz said the engineer's estimate assumed a disposal site City Council Minutes -20- May 19, 1987 would be available adjacent to the property; however there is none and excess soil material will have to be trucked and disposed of off the site. VOTE ON THE MOTION: Motion carried unanimously. XI. NEW BUSINESS There was none. XII. ADJOURNMENT MOTION: Pidcock moved, seconded by Bentley, to adjourn the meeting at 12:02 AM. Motion carried unanimously. ,J,1 • ATTACHMENT A PETITION To: The Council and Planning Commission City of Eden Prairie 1PJ^CT Proposed Anderson's Garden Shop and platting of three (3) residential lots, designated as Jarrett estates. ,,Ye the undersigned wish to inform the City Council and Planning Commission that we have no objection to Anderson's Garden Shop as a neighbor. NAME ADDRESS ,(N Ai i Z. blest (,l/k 6-1-i'c- - k/(op e e A-Ta , 9f:6-zeiadt,„,62 a _/-> ,AliAil gra-444,C) .46'6'0 aL I / ,„,/,/ . /G' 5 x-fYr-1 14rriel1./,,-. A'f„,iyF2.,t-A 0__,(_c�),4a%--e(c>t_C�t.,-.,<— //d'. C /&cam--c .«/c..�( /2. A)'ict-• ( . I .c.—( 1i''« 7I <' f rP ;;age., Pis'J'ITION — ANDERSON'S GARDEN SHOP ( NAME ADDRESS ‘90e� Ncs,-4,,I,tJ C, r -d---i- -‘../P_Aida"?-• 7c77 0/ /, L7 _--_----- LYE ,.L-,:'/6 .(11/L1,--... /. is ( ' Ar--- /ev • . ,,,4,0,,_ ix , ,7.(., 71, - ,-,___=._,J,,,A„.„, . 4,r J ,,, 7/7, . . ` o' 4 ? ._ zm A.k, h,.,,-, /. ..... , \ i,i4d Aim) ty_li it - _Lij fa k,,,,7:e: Q/(<7/ //g‘:24j) i I / I e" f? // I .jV___' 2" , LA..-.4.:_..,:,_ (,eiy,. Azi...er, C-77 41 1-1 , j4/./2--'-42._-'3..-.: l/t Li ° (1/4' /_4 % 19,-//9 ZZ.z,,J. . axe_- i Page • PETITION - AN DERSON GARDEN SHOP N E ADDRESS 41111-Cell ACo h-Pir/I-JV d014Z4- 01-1, ____gra2_01_AwL 2,t7 WO. )4114171A4 e-P 1(1.414.j .CITO4 (r)D era 5.5' yg Lite" %Lek fA grkg)- Aitttikth6)ta cc:7 6L- ,SV-2 ,(1,44 C.( • . i . .._.- •- ( PETITION To: The Council and Planning Commission City of Eden -Prairie SUBJECT Proposed Anderson's Garden Shop and platting of three (3) residential lots, designated as Jarrett Estates. We the undersigned wish to inform the City Coundil and Planning Commission that we have no objection to Anderson's Garden Shop as a neighbor. NAME. ADDRESS /. =, .4a-. .- /71(7/20 C ,,,, /? 31 ), , : ___ -4-4-4' 4-) .' 76C-C)14);1[4,4) C- -a f----zp. ii) /r-zr-/0 avLed . ff --1(> iloilicpaccog__________2_,______ k -4.'. 4 cit 41 tr" .i (1) / L4 71 - - '74.3 ...,_‘ /‘:.2757 v2za-ISAd.,-,..c,__ (°.? .:..) 7/ (l'aicti,( f\-6' LLLt_,H or- _LP'7. - t_.,"tiiitht-i i i elt: f-'' t.) / ( '') 7. a' _4.A._4 ilk:it:an kii,i.e- ...7y:24:-) v: t,_; Ltvk. , P 'I I ON - AN DER SON'S GARDEN SHOP N AM E ADDRESS 44/ J1-ribtitrt S ST10 Litruc) p 13 1 1 ( 10 LJP-1 5 40• ke,-(4_cx‘..A. CO• Eci_Ari ert414.44. f ( ) /If( Lnoiciki /g1 /6:3:•'/AZ-e:(&61--/ EP _ a 1'04 610dek .11 i E P aijAert ',J121 -e,-,) A-c/i `.12/8„.4 r'•• jt) ff()197)/7)-ei-,) isbd (e." 4 A--- •- c- A4110..eL,Ac? sadr ACCILLed a 1 44- fq21--/Srtnj (6.E7-3,1 Art2)44 (CC&& Ma;44;.23/6 t2 1 /Z. clizI0e-tca 44A., 7.3-)2 dld. ¢'-Au eLlt2 71-7AL 82*a5-1 I e at-kit 4; Lee 4te4.464,4_e...„ 5 673 4 4 Page . i . . PETITION — AN DERSON'S GARDEN SHOP It. N All E ADDRESS ),e• t, I ‘ e.e. /6 7a . al Guba,t C, 93 7—93,11 _l___1114,0.4J c144,, LI-i5-.G-- _e_i_i_,)1' 1" rt 3`1) . // 2,-- / 13,,....-24.... ,, e_,e>e_ 3-0 ' __. - 1 • _ 4 3 6, 7 ' a .4.,z 4 2 ,. ) at .zok. /90g5 dorneLtectd that a - Iglic dayitaete,ee. ez,;..64.., 391 041f1 TArke lc- 15Zife C1/4--"ate(Sa Ppit--)) V01710441-/r_i ,t_ 'j 7 41 ehaiLit.t) 4421 ,• VI) 7 LL;i1-01-K /-57?-q Vi-g--Ll_ cja — '16?) 1 I() I s"Cf:;t-7 t'1C CI F:91_,Ily V - W"11:,6/(1/4.e.,z., (,.....!-i-c-c_:-- 756'-5 - k-Xe_e.„ /e•--,,, 6: , • '•• ,Oet;,_:61Ze'a.t.121,) , __.(M' ' 0 re t._ gbY c44 fi:e4.41:u.r— _ , r OzIltilli/t;- IPl" o (44444.81, Page . i . , PH:TI [ION' - AN DER SON'S G A R DEN SHOP ( NAY"; A DDRi'n7 ) CIC:DC-1------kM .:J Li 9 1 4-311,,,?..,..,_, ,,i,„„ei2,,,t,...L.,_ / ' s ca) (:),• 1 4i . p iw ;(idex-1; „ :21j -7,. 7,...Z...1: ‘, 3; ri 0D cDiitu C.:,t6.0 ____ r „ ,6) /r---& 5.7jzzi- _16e po 74,e..a,6_, & • ? 12. so) • . ,( z_ 57 4Trie IL 1.-k 4 t-{/ '''.// 2- j-ji act.)a.,1-11 1:16q Elj, . 1) — -'1‘11_1 , J7Cf1-17 iil.,U 4citilf.-/ II: th-7 171-9' _gyzeofd 1 Cl-r• F fit Ll..,..0---.._... u3/ I ) „ • „5--: _ I.; i . , P ITIUN - AN DERSON'S GARDEN SHOP ( NAME ADDRESS -- _I-c?A b lerrte -v. rok Prn'iv,_r -,--, (ci/X,Ztixc/ - -ei S 7 5.? 71f/er l'i-t /.- 74jYt‘47 /Waefrit- 7-50 44 . ( „..,.._,..,) -7,, ,, , c..,:; j) iit) 77 2 22z/t . 7i•-------'. / - • _, ='''''" , Zfriea 7-r-r li / :.-. 662),Atighf n 5 Y/ 7Y c-"' Z /5466 14,14 / 'Al.-rt. 4 ,r C'“ VV 76/ 7 ileg60 7?;66 5534- , P ' \\ --'1 : 1` / /r7CC)? ---t.!(, k __..,a_/:,,L fr -:=-53y I ' i 710/5 eitie,e,,t)Skce.t 553'/41 . j6e- (71, i --- ()(Q _ A . .,/,, ,./2e/-7 .... iv,)cs,‘I...!_— _ . . ' ,jr,!---,-)_)___,70-Q _(:. t 573?, tAa•-i i .- „/, t Ai --\- , — 4' • ;',../) ;,z1 - '-'5' /6 ...6./c _IT; c t7 , ,--":" 1/1,/ 3 Cif- • I • PETITION 'Io: The 'ouncil and Planning Commission ‹.!'••• ty of Edell Prairie S1J BJ ECT se.-- , - • Propos•?d Andel•son's Garden Shop anckefia,tting....o. ree (3) residential lots, designated as Jarrett Estate . •We the undersigned wish to inform the City Coundil and Planning Commission that we have no objection to Anderson's Garden Shop as a neighbor. NAME ADDRESS ,cite,e57/9-iN -7 3 / 4 je.,e&/ / t '22 '71/7/ 7 4-2- L1/0-1 n (r /75 1% ya .5 C 6 77 -, Page . , PETI'LION - AN DERSON'S GARDE SHOP 4,. . N A1,1 E ADDRESS -- — — /77 js- O. s74(...),(,c_ 1ra-J -2 S )4, 0 ' . ::alptJ 5'5,AppuL -7t1-1 -The_TA-1.3 . ...c.,- VI ""_e)_ --,, • • n±c,-),- -et)4 _./. V (.., cc. le--1-01±402-.deA- 6i2/- 7 v v 7 ee # Y __..ls, , ciii,,t ,,e_ 7333 /-1,((i,,..„, Gv. se)-il yai 2 • e..".4..-14-...-c__ — • /r-vi / L .:_,),1 Li'4 k'"t- r i • E:2....f._,,,....) Page ( P ETI TI ON - AN DE H MN'N G A P.DEN SHOP N AM E ADDRESS STUX121- 6 10Ac Ci-i4S Amk,0,-0.- L . . 7100 f-jum,tv CL/r,-* /4,4 444 5.3-&" edatrt-t-ci rig ....:-av, s /0/7 da4th--44te k _ orl.___,..„____ y...,, ,i.0 f C( at, to -.Y .'Aftlei4t) 6530 idrzlii Az - . "I , , I• ;' I 5•/ / 4v-,‘„,.c _b„;p e_ / 4-7. _ 7,170 L.,)a`•--.et., /9,,_..e, /,e' '' , 4 • (--ii- -71, 7'; ,\i•-___. OL QL7----' Page c • i)•:`F).'11 ON — AN DERSON'S G ARDEN SHOP IN AN:“_: ADDRESS 7,5--31 LO,Lbiti-- EP _ye Ap.%?y,-..., /C3fo sl Wd&g.pe-ce ./e • 26e&&_444,i4._ ilzz--)m-- /4 ,/() AL --_-/h224,,./4-eetz E P &41o,_ div 1 Nb-to 5, VII I Ti e 0 r\OW Ot.-if-- 1 t7-, . 749Mil k`,-) (5-(9C _Tiaiuva 0, i_ ____J-. Mei-AbOil,1. V-C-1 I licaALkfLA9Ct T tA 110?) cC\C\C_ TEAT kLatizo _,Tfv-QJJ-- ) tr) e aalizs„-i- ,ILN., ,st._ --i-Nod, AW\211\ ' n;‘• --zu,A:L.tst&i---ifiaA log 0 tkAp.s\ill A, e-4,621-1-6112A—)k.. sz,0 Of g12-eAl_PA.,ca'A;-k- Qe)2, i I it 1 g 0 ()a I If_Li RKLEP. P. ,..,_ ).-c„,„ ,Jiii, ,/,72,_ ,.._74_-_„_,,,• -z_ ile,1, -, 7 i (1 - el_ - 22, c.: 7-,,,-. 0 A 1 f Page PETITION - AN DERSON S GARDEN SHOP NAME ADDRESS Ssc-7C / ROC)/ 4 ,66,7c-16 7'4 (4,2 ; UNAPPROVED MINUTES CITY OF EDEN PRAIRIE BOARD OF REVIEW TUESDAY, JUNE 2, 1987 6:00 PM, 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: 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: Board Member George Bentley was absent. I. RECONVENE BOARD OF REVIEW MEETING The meeting was called to crder by President of the Board pp Peterson. II. APPROVAL OF BOARD OF REVIEW MINUTES OF MEETING HELD THURSDAY, MAY 14, 1987 The following change was made to the Minutes: page ten, paragraph three, sentence two -- change "Staff effort." to "Staff was to be commended for their effort." MOTION: Harris moved, seconded by Pidcock, to approve the Minutes of the Board of Review Meeting held Thursday, May 14, 1987, as amended and published. Motion carried with Anderson abstaining. III. REVIEW OF ITEMS CONTINUED FROM MAY 14, 1987 City Assessor Sinell stated those items referred by the Board at its May 14th meeting had been reviewed by the City Staff. 1. FLOYD SIEFFERMAN - 6997 Edgebrook Place 1987 EMV Assessor's Rec. 03-116-22 44 0029 270,300 270,300 Mr. Siefferman said he still did not understand how his lot could be valued as high as it is because it is the Board of Review Minutes -2- June 2, 1987 shallowest lot in Eden Prairie. He reviewed information regarding assessed valuation versus market value and information regarding comparable properties for the Board. He also read a letter he had obtained from a realtor which compared other lots in the Cardinal Creek development with his lot and noted that the land values appear to be sub- jective while the house values are more objective. MOTION: Harris moved, seconded by Pidcock, to table this item to allow sufficient time for other appellants to speak. Motion carried unanimously. 2. DOUG REUTER - 8750 Black Maple Drive 1987 EMV Assessor's Rec. 24-116-22 21 0057 199,500 190,000 Mr. Reuter said he objected to the assessors coming through his property four times in the last 3-1/4 years. He said he wanted to know why his house was appraised $20,000 higher than a larger house two doors down from his that sold in 1985. City Assessor Sinell said the appraisers had used three comparable properties that were sold in 1986. Pidcock noted that she thought the value should be further reduced. MOTION: Anderson moved, seconded by Harris, to reduce the 1987 value on the Reuter property, PID 24-116-22 21 0057, to $190,000. Motion carried with Pidcock voting "No." 3. AL TRAYNHAM - 8698 Black Maple Drive 1987 EMV Assessor's Rec. 24-116-22 21 0054 171,100 171,100 MOTION: Pidcock moved, seconded by Anderson, to sustain the 1987 Estimated Market Value on the Traynham property, PID 24-116-22 21 0054, at $171,100. Motion carried unani- mously. 4. SCOTT DRUM - 8746 Black Maple Drive 1987 EMV Assessor's Rec. 24-116-22 22 0056 189,000 185,000 '.%...� Board of Review Minutes -3- June 2, 1987 Mr. Drum said he was puzzled by the comparables used in the review appraisal. He said a sizable portion of his lot is not usable so he would question the comparison of lot sizes. MOTION: Anderson moved, seconded by Harris, to reduce the 1987 value on the Drum property, PID 24-116-22 22 0056, to $185,000. Motion carried unanimously. 5. THOMAS HALLER - 8758 Black Maple Drive 1987 EMV Assessor's Rec. 24-116-22 22 0027 193,100 182,000 MOTION: Anderson moved, seconded by Harris, to reduce the 1987 value on the Haller property, PID 24-116-22 22 0027, to $182,000. Motion carried unanimously. 6. KENNETH JOHNSON - 16370 Westgate Drive 1987 EMV Assessor's Rec. 08-116-22 41 0020 99,100 99,100 MOTION: Anderson moved, seconded by Pidcock, to sustain the 1987 Estimated Market Value on the Johnson property, PID 08-116-22 41 0020, at $99,100. Motion carried unani- mously. 7. JAMES JORDAN - 16210 Westgate Lane 1987 EMV Assessor's Rec. 08-116-22 41 0012 93,000 93,000 MOTION: Harris moved, seconded by Anderson, to sustain the 1987 Estimated Market Value on the Jordan property, PID 08-116-22 41 0012, at $93,000. Motion carried unanimously. 8. JAMES V. CRAMER - 8754 Black Maple Drive 1987 EMV Assessor's Rec. 24-116-22 21 0058 182,700 182,700 Mr. Cramer asked what the records show his home purchase price to be. City Assessor Sinell said the records only show that the lot cost $41,000. Mr. Cramer said that two of the comparables used for his appraisal are on much more expensive lots than his. He Board of Review Minutes -4- June 2, 1987 read a letter from his builder offering to build a home duplicating his current one for $106,400 plus lot. City Assessor Sinell asked Mr. Cramer what he thought his home would sell for today. Mr. Cramer said it was re- appraised at $160,000 last July when he applied for refin- ancing. Anderson noted that more than one property on Black Maple Drive seems to be having problems and suggested that the whole area be reevaluated next year. MOTION: Pidcock moved to reduce the 1987 value on the Cramer property to $160,000 on the basis that he did have an independent appraisal done last year that resulted in an EMV of $160,000. Motion died for lack of a second. Anderson said he could go along with that reduction if he had a copy of that appraisal but not without documented evidence. MOTION: Anderson moved, seconded by Peterson, to sustain the 1987 Estimated Market Value on the Cramer property, PID 24-116-22 21 0058, at $182,700. Motion carried with Pidcock voting "No." 9. BILL SMETANA - 16171 Westgate Lane 1987 EMV Assessor's Rec. 08-116-22 41 0026 93,200 93,200 MOTION: Pidcock moved, seconded by Anderson, to sustain the 1987 Estimated Market Value on the Smetana property, PID 08-116-22 41 0026, at $93,200. Motion carried unani- mously. 10. STEVEN & JANE HACKETT - 6880 Hallmark Drive 1987 EMV Assessor's Rec. 04-116-22 34 0071 152,900 152,900 Mr. Hackett said they had just moved into the house which they paid $146,700 for and were then assessed at $152,900. He didn't understand why he would be assessed more than he paid for the property. Board of Review Minutes -5- June 2, 1987 Anderson asked how much of the work on the house he had done himself. Mr. Hackett said they had done the painting and staining. Anderson said that may account for some of the difference. MOTION: Pidcock moved to table this item to allow time for other appellants. Motion died for lack of a second. MOTION: Harris moved, seconded by Anderson, to sustain the 1987 Estimated Market Value on the Hackett property, PID 04-116-22 34 0071, at $152,900. Motion carried unani- mously. 11. ROBERT NEWBERRY - 10323 Nottingham Trail . 1987 EMV Assessor's Rec. 25-116-22 13 0069 112,700 101,700 MOTION: Harris moved, seconded by Pidcock, to reduce the 1987 Estimated Market Value on the Newberry property, PID 25-116-22 13 0069, to $101,700. Motion carried unani- mously. 12. SCOT DOWNEY - 6651 Countryside Drive 1987 EMV Assessor's Rec. 05-116-22 31 0061 87,200 87,200 MOTION: Harris moved, seconded by Anderson, to sustain the 1987 Estimated Market Value on the Downey property, PID 05-116-22 31 0061, at $87,200. Motion carried unani- mously. 13. TENNENBAUM-HILL ASSOC. INC. 1987 EMV Assessor's Rec. 11-116-22 42 0013 421,200 421,200 11-116-22 42 0002 499,800 499,800 11-116-22 42 0003 413,100 413,100 11-116-22 42 0004 357,000 357,000 11-116-22 42 0005 357,000 357,000 11-116-22 42 0009 357,000 357,000 11-116-22 42 0025 525,300 525,300 11-116-22 42 0036 214,200 214,200 ' 11-116-22 42 0037 86,700 86,700 11-116-22 42 0038 160,loo 160,100 11-116-22 42 0040 310,300 310,300 11-116-22 42 0041 310,000 310,000 Board of Review Minutes -6- June 2, 1987 01 MOTION: Anderson moved, seconded by Pidcock, to sustain the 1987 Estimated Market Value on the Tennenbaum-Hill Assoc. Inc. properties: 11-116-22 42 0013 at $421,200; 11-116-22 42 0002 at 499,800; 11-116-22 42 0003 at 413,100; 11-116-22 42 0004 at 357,000; 11-116-22 42 0005 at 357,000; 11-116-22 42 0009 at 357,000; 11-116-22 42 0025 at 525,300; 11-116-22 42 0036 at 214,200; 11-116-22 42 0037 at 86,700; 11-116-22 42 0038 at 160,100; 11-116-22 42 0040 at 310,300; 11-116-22 42 0041 at $310,000. Motion carried unanimously. 14. ROBERT ROSS - 9260 Overlook Trail 1987 EMV Assessor's Rec. 24-116-22 34 0028 190,200 190,200 MOTION: Anderson moved, seconded by Pidcock, to sustain the 1987 Estimated Market Value on the Ross property, PID 24-116-22 34 0028,at $190,200. Motion carried unani- mously. 15. RICHARD & FRANCES DOHRMANN - 18517 Harrogate Drive 1987 EMV Assessor's Rec. 06-116-22 31 0016 120,800 120,800 MOTION: Anderson moved, seconded by Harris, to sustain the 1987 Estimated Market Value on the Dohrmann property, PID 06-116-22 31 0016, at $120,800. Motion carried unani- mously. 16. BRIAN & KAREN RINDAL - 15633 Canyon Ridge 1987 EMV Assessor's Rec. 16-116-22 32 0019 139,400 130,000 MOTION: Harris moved, seconded by Pidcock, to reduce the 1987 Estimated Market Value on the Rindal property, PID 16-116-22 32 0019, to $130,000. Motion carried unanimously. 17. DUANE E. CHUMLEY - 13601 James Place L287 EMV Assessor's Rec. 03-116-22 34 0050 103,900 93,000 / MOTION: Pidcock moved, seconded by Anderson, to reduce ( the 1987 Estimated Market Value on the Chumley property, PID 03-116-22 34 0050, to $93,000. Motion carried unani- mously. y9 9 Board of Review Minutes -7- June 2, 1987 18. RICHARD NUBSON - 15505 Morraine Way 1987 EMV Assessor's Rec. 16-116-22 31 0031 132,900 132,900 Mr. Nubson said he disputed the value of his lot as the lot next door to his is valued at $25,400 and his is $27,500. He said his house is smaller than his neighbor's, yet his taxes are higher. City Assessor Sinell noted that the value on this property remained at $125,500 from 1983 until this year when it was raised to $132,900. MOTION: Anderson moved, seconded by Pidcock, to sustain the 1987 Estimated Market Value on the Nubson property, PID 16-116-22 31 0031, at $132,900. Motion carried unanimously. 19. DAVID R. JOESTING - 6835 Sand Ridge Road 1987 EMV Assessor's Rec. 03-116-22 43 0008 261,900 252,000 MOTION: Harris moved, seconded by Pidcock, to reduce the 1987 Estimated Market Value on the Joesting property, PID 03-116-22 43 0008, to $252,000. Motion carried unani- mously. 20. LINDA & JAMES MORTELL - 10403 Brown Farm Circle 1987 EMV Assessor's Rec. 35-116-22 11 0079 198,000 180,000 MOTION: Anderson moved, seconded by Pidcock, to reduce the 1987 Estimated Market Value on the Mortell property, PID 35-116-22 11 0079, to $180,000. Motion carried unanimously. 21. DANIEL JOHNSON - 5420 Mt. Normandale Curve 1987 EMV Assessor's Rec. 09-116-22 31 0011 132,000 132,000 MOTION: Pidcock moved, seconded by Anderson, to sustain the 1987 Estimated Market Value on the Johnson property, PID 09-116-22 31 0011, at $132,000. Motion carried unani- mously. U Board of Review Minutes -8- June 2, 1987 22. PERKIN-ELMER CORP. 1987 EMV Assessor's Rec. 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,o0o 2,503,000 01-116-22 42 0003 58,40o 58,000 01-116-22 42 0004 2,148,000 2,879,000 Daniel Ehrich, representing Perkin-Elmer Corp., reviewed several processes for evaluating the property and the values arrived at by those means. He said they would like to see the total value reduced to $7,500,000. City Assessor Sinell noted that Staff used similar pro- cesses to arrive at their valuation. Peterson asked Mr. Ehrich if they intend to pursue this through the County process. Ehrich said they will. MOTION: Pidcock moved, seconded by Anderson, to set the 1987 Estimated Market Value on the Perkin-Elmer Corp. properties: 01-116-22 13 0018 to $66,0001 01-116-22 13 0019 to $3,094,000; 01-116-22 13 0020 to $2,503,000; 01-116-22 42 0003 to $58,0001 01-116-22 42 0004 to $2,879,000. Motion carried unanimously. 23. DAVID INVESTMENT CO. 1987 EMV Assessor's Rec. 14-116-22 13 0005 357,000 357,0o0 14-116-22 42 0002 3,000 3,000 MOTION: Pidcock moved, seconded by Anderson, to sustain the 1987 Estimated Market Value on the David Investment Co. properties, 04-116-22 13 0005 at $357,000 and 14-116-22 42 0002 at $3,000. Motion carried unanimously. 24. RENEE GIGLIO STROM - Residential Non Homestead 1987 EMV Assessor's Rec. 25-116-22 21 0024 88,900 88,900 25-116-22 21 0025 88,900 88,900 MOTION: Anderson moved, seconded by Harris, to sustain the 1987 Estimated Market Value on the Strom properties, i 25-116-22 21 0024 at $88,900 and 25-116-22 21 0025 at $88,900. Motion carried unanimously. Board of Review Minutes -9- June 2, 1987 25. PATRICIA & TIMOTHY CRAIN, JR. - 7919 South Bay Curve 1987 EMV Assessor's Rec. 17-116-22 24 0001 202,700 183,000 MOTION: Pidcock moved, seconded by Anderson, to reduce the 1987 Estimated Market Value on the Crain property, PID 17-116-22 24 0001, to $183,000. Motion carried unani- mously. 26. MTS SYSTEMS CORP. 1987 EMV 15-116-22 21 0004 5,040,000 15-116-22 23 0004 4,000 15-116-22 42 0002(0001) 229,000 15-116-22 13 0001 969,000 15-116-22 22 0010 6,159,700 City Assessor Sinell noted Staff has discussed this with MTS representatives and MTS has not indicated if they feel values are correct or incorrect. MOTION: Anderson moved, seconded by Pidcock, to affirm the 1987 Estimated Market Values on the MTS Systems Corp. properties: 15-116-22 21 0004 at $5,040,000; 15-116-22 23 0004 at $4,000; 15-116-22 42 0002 (0001) at $229,000; 15-116-22 13 0001 at $969,000; 15-116-22 22 0010 at $6,159,700. Motion carried unanimously. 27. Q PETROLEUM CORP. 1987 EMV Assessor's Rec. 14-116-22 31 0040 409,800 409,800 MOTION: Anderson moved, seconded by Pidcock, to sustain the 1987 Estimated Market Value on the Q Petroleum Corp. property, PID 14-116-22 31 0040, at $409,800. Motion carried unanimously. 28. MARIAN WINES - 6993 Edgebrook Place 1987 EMV Assessor's Rec. �. 03-116-22 44 0013 313,500 291,000 i 1 Board of Review Minutes -10- June 2, 1987 MOTION: Pidcock moved, seconded by Harris, to reduce the 1987 Estimated Market Value on the Wines property, PID 03-116-22 44 0013, to $291,000. Motion carried unanimously. At this point the Council reopened discussion on the Floyd Siefferman property (see page 1 of Minutes) which had been tabled earlier in the meeting. Mr. Siefferman said he has felt for many years that his lot price was too high and he felt this was the time to try to attain equity. Harris said she thought Mr. Siefferman had a very well- documented case and the second level of review at the County might provide an opportunity for further digestion of this matter that the Council is unable to give. MOTION: Harris moved, seconded by Anderson, to sustain the 1987 Estimated Market Value on the Siefferman property, PID 03-116-22 44 0029, at $270,300. Motion carried with Pidcock voting "No." IV. OTHER BUSINESS There was none. V. ADOPTION OF RESOLUTION NO. 87-140, ACCEPTING THE 1987 ASSESSMENT MOTION: Anderson moved, seconded by Pidcock, to adopt Resolu- tion No. 87-140, accepting the 1987 assessments. Motion carried unanimously. VI. ADJOURNMENT MOTION: Anderson moved, seconded by Pidcock, to adjourn the meeting at 7:25 PM. Motion carried unanimously. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JUNE 2, 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 Linda Jacobson PLEDGE OF ALLEGIANCE ROLL CALL: Councilmember Bentley was absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was added to the Agenda: M. EDEN PRAIRIE ENTERTAINMENT CENTER by Brody Associates, Inc., 2nd Reading of Ordinance No. 18-87-PUD-4-87, Rezoning from Rural and within C-Reg-Ser to PUD-4-87-C-Reg-Ser; Approval of Developer's Agreement for Eden Prairie Entertainment Center; and Adoption of Resolution No. 87-129, Authorizing Summary of Ordinance No. 18-87-PUD-4-87, and Ordering Publication of said Summary. 15.2 Acres, Planned Unit Development District Review with Variances, 6.42 Acres into One Lot for Construction of a Theater/Restaurant Complex. Location: Southwest quadrant of Eden Road and Glen Lane. MOTION: Anderson moved, seconded by Pidcock, to approve the Agenda and Other Items of Business, as amended and published. Motion carried unanimously. II. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, MAY 5, 1987 The following item was changed: Page 18, Paragraph 5, to read as follows: "Pidcock said every closer before a closing goes through automatically checks with the City Assessing Department for any pending assessments because there is a liability there." MOTION: Pidcock moved, seconded by Anderson, to approve the Minutes of the Regular City Council Meeting held on May 5, 1987 as published. Motion carried with Harris abstaining. City Council Minutes -2- June 2, 1987 III. CONSENT CALENDAR A. Clerk's License List B. Bryant Pointe by Jyland Development, Inc. 2nd Reading of 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 Road and CSAH 62) Resolution No. 87-133 D. Approve Bid for Sidewalk/Trail Sweeper E. Resolution adding streets to the Municipal State-Aid Route System (MSAS) Resolution No. 87-127 F. Final Plat Approval for J & L Addition (South of Blossom Road, east of Bennett Place) Resolution No. 87-134 G. Receive petition and adopt Resolution requesting speed study on Rowland Road (Resolution No. 87-135) H. Recieve petition for drainage improvements for the area south of CSAH 1 and West of CSAH 18 and authorize preparation of a feasibility study, I.C. 52-123 (Resolution No. 87-136) I. Approve plans and specifications for Shady Oak Ridge Utilities and authorize bids to be received, T.C. 52-119 (Resolution No. 87-137) J. Approve Plans and Specifications for Bennett Place and Blossom Road Street and Utility Improvements, I.C. 52-105, and Authorize Bids to be Received (Resolution No. 87-143) K. Approve Plans and Specifications for Nemec Knolls, I.C. 52-121, and Sunnybrook Road Street and Utility Improvements (west of Homeward Hills Road) , I.C. 52-109, and Authorize Bids to be Received (Resolution No. 87-139) L. Resolution No. 87-147, Approving Final 1986 City Budget M. Eden Prairie Entertainment Center by Brody Associates, Inc. , 2nd Reading of Ordinance No. 18-87-PUD-4-87, Rezoning from City Council Minutes -3- June 2, 1987 Rural and within C-Reg-Ser to PUD-4-87-C-Reg-Ser; Approval of Developer's Agreement for Eden Prairie Entertainment Center; and Adoption of Resolution No. 87-129, Authorizing Summary of Ordinance No. 18-87- PUD-4-87, and Ordering Publication of Said Summary. 15.2 Acres, Planned Unit Development District Review with Variances, 6.42 Acres into One Lot for Construction of a Theater/Restaurant Complex. Location: Southwest quadrant of Eden Road and Glen Lane. MOTION: Anderson moved, seconded by Pidcock, to approve Items A - L and added Item M. Motion carried unanimously. IV. PUBLIC HEARINGS A. BLOSSOM RIDGE ADDITION by G. W. Pearson. Request for Zoning District Change from R1-22 to R1-13.5 on 3.07 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. (Ordinance No. 15087 - Rezoning; Resolution No. 87-86 - Preliminary Plat) Continued from April 21, 1987. City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Frank Cardarelle, representing the proponent, addressed the proposal. Planning Director Enger said this item was reviewed by the Planning Commission at the March 23rd and May 11th meetings. The Planning Commission at both meetings recommended approval approval of the five lot subdivision with road extension subject to Staff Report of March 20, 1987. Enger mentioned there would be some tree replacement and normal recommendations prior to final plat and building issuance would apply. MOTION: Anderson moved, seconded by Pidcock, to close the Public Hearing and Approve the 1st Reading of Ordinance No. 15-87 for Rezoning of 1.98 acres from R1-22 to R1-13.5. Motion carried unanimously. MOTION: Anderson moved, seconded by Pidcock, to adopt Resolution No. 87-86, approving the Preliminary Plat of Blossom Ridge Addition for G. W. Pearson. Motion carried unanimously. f- City Council Minutes -4- June 2, 1987 1 MOTION: Anderson moved, seconded by Pidcock, to Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council conditions. Motion carried unanimously. B. THE RIDGE 3RD ADDITION by Dirlam Development. Request for 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, Preliminary Plat of 24.1 acres into 13 single family lots, 1 outlot, and road right-of-way. Location: North of Highway No. 5, south of Eileen Street, west of Kilmer Avenue. (Ordinance No. 25.87 - Rezoning; Resolution No. 87-112 - Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Dennis Dirlam, representing the proponent, addressed the proposal. Planning Director Enger said the Planning Commission reviewed this item at the May 5th meeting and recommended approval on a 5 - 0 vote, subject to changes outlined in the Staff Report of May 8th. Enger said they have been in contact with the Highway Department and if noise walls were necessary, the Highway Department would install them. Enger pointed out this is different then the usual response where the Highway Department is not responsible for noise abatement measures. But are expecting a letter confirming this within the next day or two. Enger said the park and recreation issues would include tree replacement and trail system. Standard drainage • and utility review prior to final plat will be done. • Anderson asked about the City's plans for the floodplain area. Asked whether they can guarantee it remains a swamp area. Raised concerns about sedimentation in floodplain area. Since area could be flooded with heavy rains and wash into the marsh, inquired what City or developer is going to do to clean it out. Enger said this would be another link to the current trial system. They will be asking developer to do everything he can to assure it remains in place. Developer will City Council Minutes -5- June 2, 1987 follow standard construction limits procedures. Also, staff members will try to inspect as much as possible, but it's not a fool-proof system. Enger said this was reviewed with the Watershed District and standard erosion control measures were described for construction site. Also mentioned they haven't thought what the City posture would be if that failed and had a significant erosion problem. City Manager Jullie said when it goes to the Watershed District for approval we can pass on our concerns to them to incorporate in the permit some additional provisions. Peterson asked if a letter from the Highway Department commits the State to build a noise barrier there. Enger said a letter would give the City a strong case to insist the Highway Department build a noise wall, if necessary, according to noise standards. Peterson asked Enger about variance anticipated for the two lots. Enger feels there's a physical hardship to the developer due to the topography of the land and reasonable use of it. Susan Stevens, 7760 Atherton Way, was concerned about the trees in the development behind her lot. Asked for an agreement to build there but leave majority of the trees standing. Mr. Dirlam explained location of the trees on the plan that will be saved and that only a few will be moved for the building pad. Enger explained City's inventory policy on trees and the tree replacement program. Lottie Bischoff, 7740 Atherton Way, asked what the developer's plans were for the area. Concerned about removing trees. Peterson asked Dirlam abort the construction of the retaining walls and longevity. Dirlam explained construction techniques and that the wood used has the same pressure treatment used in wood foundation basements. Anderson said he wants to make sure developer is responsible for siltation in floodplain area. City Council Minutes -6- June 2, 1987 11 Peterson said prior to 2nd Reading the Staff is to have an official promise of the State of Minnesota to assume responsibility for noise walls, if necessary. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing and approve the 1st Reading of Ordinance No. 25-87 for Rezoning from Rural to R1-13.5 on 3 acres and R1-22 to R1-13.5 on 3.36 acres with variances. Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock, to adopt Resolution No. 87-112 approving the Preliminary Plat of The Ridge 3rd Addition for Dirlam Development. Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock, to Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council conditions. Motion carried unanimously. C. 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. (Ordinance No. 26-87 - Rezoning; Resolution No. 87-131 - Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Planning Director Enger said the Planning Commission recommended approval of rezoning and platting of 13.5 acres into 2 lots on a 5 - 0 vote subject to Staff Report of May 8th. Enger said they've revised the plan to include a parking area and relocated the sanitary sewer service to save major trees in the area. Jay Wallace, proponent, was available to answer questions. There were no comments from the audience. MOTION: Anderson moved, seconded by Pidcock, to close the Public Hearing and to adopt 1st Reading of Ordinance No. 26-87 for Rezoning. Motion carried unanimously. MOTION: Anderson moved, seconded by Pidcock, to adopt Resolution No. 87-131 approving the Preliminary Plat of 1 City Council Minutes -7- June 2, 1987 Jay Wallace Addition for Jay Wallace. Motion carried unanimously. MOTION: Anderson moved, seconded by Pidcock, to Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. D. 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. (Ordinance No. 27-87 - Rezoning; Resolution No. 87-132 - Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project had been notified. Frank Cardarelle and Dan Herbst, representing proponent, addressed the proposal. Planning Director Enger said the Planning Commission reviewed this item at the May 5th meeting and recommended on a 5 - 0 vote to approve the 17 lot subdivision. Enger also addressed the need for a storm sewer study in this area, which he said council ordered this evening. Enger reviewed Staff Report Exhibit C on the Sidewalks and Trails. Jullie stated their recommendation, since they have a contractor working right in the area, to facilitate this project, would be to suggest to allow development work proceed, subject to the developer supplying all the required bonds and other documentation and a letter of agreement indicating that intent to conform with the required subdevelopers agreement. And this would begin prior to the Council's 2nd Reading. Peterson asked if this is at full risk to the developer. Jullie responded "yes." Anderson inquired of City Attorney Pauly on that issue. City Attorney Pauly said with the developer, understanding the risk that it may not be approved in a 2nd Reading, that that would not create any kind of an estoppel situation for the City. City Council Minutes -8- June 2, 1987 Jerry Hegge, 10015 Pioneer Trail, said he is concerned with the construction and dumping of storm water in the wetland area and what will happen to this area. Director of Public Works Dietz said that the proposal primarily drains to the north. He stated the solution to that is in a storm sewer system that runs along County Road 1 to the east over to County Road 18. Dietz said as far as the wetland to the south and east, they've had preliminary design work done by proponent and also looked at other alternatives. It's his opinion that it will not cause a particular problem in there. Anderson stated that the problem is not solved at this time nor are there plans to solve it. Dietz said the feasibility study would look at how to do that specifically. Dietz also advised they feel the erosion problem is under control. Peterson asked proponent what percentage of this property will be developed by next spring. Herbst replied the market wasn't that good and it will probably take two years. Anderson asked how long it will take to run the feasibility study, it's approved and it goes through. Dietz answered it would be about three months to award contract. Peterson stated that the project is not going to exaggerate the problem. Whether it's approved or not, the problem is going to be there. Dietz said he's comfortable now they aren't going to create a problem. MOTION: Pidcock moved, seconded by Harris, to close the Public Hearing and to approve the 1st Reading of Ordinance No. 27-87 for Rezoning Rural to R1-13.5. Motion carried unanimously. MOTION: Pidcock moved, seconded by Anderson, to adopt Resolution No. 87-132 approveing Preliminary Plat of Prairie Bluff Subdivision for Cardarelle & Associates, Inc. Motion carried unanimously. MOTION: Pidcock moved, seconded by Anderson, to Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. Jullie stated the record should show that Council has authorized the start of the project with grading and utility work prior to formal 2nd Reading subject to the conditions we talked about, the bonding, documents, City Council Minutes -9- June 2, 1987 and letter of acknowledgment. MOTION: Harris moved, seconded by Pidcock, to authorize the developer to proceed with the initial grading and utilities prior to 2nd Reading pursuant to the Council and Staff receiving the necessary letters of credit and bonding, acknowledgment of risk, etc. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 34886 to 35234 Pidcock questioned items 34945 and 35137. City Manager Jullie said item 34945 is the monthly bill from NSP for the water plants. Jullie also said item 35137 is materials for maintenance. Harris questioned item 35089. Jullie said it's part of the fitness program testing for officers. MOTION: Pidcock moved, seconded by Harris, to approve the Payment of Claims Nos. 34886 to 35234. Roll call vote: Anderson, Pidcock, Harris and Peterson voted "aye." Motion carried unanimously. VI. ORDINANCES & RESOLUTIONS A. 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 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 Lil' Red. Also Comprehensive Guide Plan Amendment from Low Density Residential to Community Commercial on 1.27 acres and Zoning District Change from R1-22 to C-Com on 1.27 acres 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: Reslolution 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) MOTION: Harris moved, seconded by Pidcock, to continue until the next Meeting of Council. Motion carried unanimously. City Council Minutes -10- June 2, 1987 VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Alton Lundgren, Eden Prairie Family Physicians, and surrounding neighborhood to appeal a decision of the Board of Adjustments and Appeals at the next regular scheduled City Council meeting, regarding Variance Request No. 87-17. MOTION: Harris moved, seconded by Pidcock, to not review but uphold the Board of Appeals decision. Daniel Tyson, representing Super America, spoke in favor of the motion. Motion carried unanimously. B. GOPHER LANE DIVISION by Patrick G. Bauer. Request for Preliminary Plat of approximately 1 .5 acres into 3 single family lots. Location: West of Staring Lane. (Resolution No. 87-141 - Preliminary Plat) City Manager Jullie said this is already zoned R1-22. The Planning Commission has recommended approval and J adoption of Resolution No. 87-141 . Y Jullie also mentioned an Assessment Agreement will be required for future road and utility improvements. MOTION: Pidcock moved, seconded by Harris, to adopt Resolution No. 87-131, approving the Preliminary Plat of Gopher Lane Division for Patrick G. Bauer. Motion carried unanimously. C. TIMBER CREEK WOODS 3RD ADDITION by Builders Development and 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) City Manager Jullie said these lots are part of Timber Creek Woods 2nd Addition previously zoned R1-9.5 and platted in 1983. Jullie said the preliminary plat for the 3rd Addition lj changes some of the lot configuration. Jullie recommended adoption of Resolution No. 87-142 approving the Preliminary Plat. City Council Minutes -11- June 2, 1987 MOTION: Anderson moved, seconded by Pidcock, to adopt Resolution No. 87-142 approving the Preliminary Plat of Timber Creek Woods 3rd Addition for Builders Development and Finance. Motion carried unanimously. VIII. REPORTS OF ADVISORY COMMISSIONS There were no reports. IX.. APPOINTMENTS There were none. VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Commendation for Police Officers Pidcock recommended commendations for Officer Jim Kline and Officer Jim Schlossmacher. MOTION: Pidcock moved, seconded by Anderson, to approve Officer Kline's and Officer Schlossmacher's commendation. Motion carried unanimously. 2. Consideration of Revised Board of Review Process Anderson recommended Staff to investigate different means of doing the Board of Review process that's more fair to the community, to Staff and to the City Council. Suggested we use Staff appraisers and independent appraisers and split the difference. Peterson inquired about cost of independent appraisers and suggested we get appraisers to volunteer their time. Pidcock said that we have to protect our tax payers, but that an independent and different point of view might be helpful. Peterson inquired as to the cost of these appraisals. Pidcock said between $150 to $300. Pidcock noted that Eden Prairie had a reputation for having high real estate taxes based on estimated market value. Pidcock stated from firsthand experience it is a fact that many of the estimated market values are higher than sale prices. City Council Minutes -12- June 2, 1987 ir Peterson pointed out that many of our properties are sold in excess of the estimated market value. He said he would like to know the sale price for 6 months or a year in 1986 or 1987 as it relates to the estimated market value that we indicate and upon which we tax in the City for our information; how • many are over or how many are under. Harris said she has difficulties with an open- ended independent appraisal because of the cost. Agrees with rethinking how the additional information is presented and the scheduling of the Baord of Review. MOTION: Anderson moved, seconded by Pidcock, to recommend that the Staff study the Board of Review process. Motion carried unanimously. B. Report of City Manager There was no report. C. Report of City Attorney City Attonrey Pauly gave his report at a closed session following the Council meeting. D. Report of Director of Planning There was no report. E. Report of Director of Community Services There was no report. F. Report of Director of Public Works 1. Joint Resolution with Bloomington regarding CSAH 18 (Resolution NO. 87-138) Director of Public Works Dietz referred to the Joint Resolution of Eden Prairie and Bloomington, Resolution No. 87-138, page 1429 of the agenda. Dietz said the request was to join in a joint resolu- tion with Bloomington to ask Hennepin County to proceed with construction of County Road 18 at the earliest date. City Council Minutes -13- June 2, 1987 MOTION: Anderson moved, seconded by Pidcock, to adopt Resolution No. 87-138. Motion carried unanimously. XI. NEW BUSINESS Peterson brought up a concern about he SAVE (Select Another Viable Extension) letters he's been receiving about the citizens reporting they were told Townline Extension west of Highway 4 would be a 2 lane road. Dietz responded they aren't saying it at present. This road has always been on the transportation plan as a major arterial facility. The facts show that a 4 lane is desperately needed. Also, there are compromises to be worked out, particularly with the City of Minnetonka. Dietz said City officials of Minnetonka would like to eliminate 4 lanes west of Woodland Road in Minnetonka and go with a 3 lane road, one lane each direction and continuous left turn lane down the middle. Peterson asked if we're allowing residents in the north and Minnetonka residents in the south to work with Minnetonka to redesign this road and we are not participating. Dietz responded that Eden Prairie is participating and the most recent proposal is on his desk, which does not include the continuous left turn lane. Dietz pointed out it was a mistake to drop the median out on any part of the road. And pointed out concerns aligning the cross streets with one another between the two cities. Dietz said it's primarily been at staff level and has not asked for Council approval of preliminary layout plans until they get something more concrete. Peterson requested an update and opportunity for discussion and then forward to the County some resolutions of support for whatever we might conclude. Dietz said he would bring the layout plans and give more history on this at the next meeting. XII. ADJOURNMENT MOTION: Pidcock moved, seconded by Anderson, to adjourn the City Council meeting at..9:25 P.M. to a closed session with City Attorney Pauly to discuss matters of litigation. CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST June 16, 1987 CONTRACTOR (MULTI-FAMILY & COMM.) PLUMBING Barbarossa & Sons, Inc. Comfort Systems Clean Air Products, Inc. J. R. Kelly Plumbing & Heating Concord Builders Royal Plumbing & Heating Dolphin Pool & Patio Steve Schmit Plumbing K. J. Johnson Construction Solar Mechanical Mikkelson-Wulff Remodeling Rosemount, Inc. HEATING & VENTILATING Blaine Plumbing & Heating CONTRACTOR (1 & 2 FAMILY) McQuire Mechanical Services Royal Pldmbing & Heating Alexancer Homes, inc. Palmer Service Electric Bateson Builders Crest Investment GAS FITTER D & D Remodeling Eden Prairie Heating & yentilating The Danberry Company McQuire Mecham cal Services Decks Plus Metro Gas Installers Finnish Suana Builders, Inc. Tom. Hosek Construction WATER SOFTNER Houghton Construction Milton L. Johnson Roofing Twin City Lindsey Jyland Homes, Inc. Klink Construction, Inc. WELL DRILLING Marick Builders, Inc. Minnesota Pool & Spa Robert E. Stodola Well, Inc. Nostalgic Homes, Inc. Porch Living SEPTIC SYSTEMS Alan Raymond Homes D. L. Russell Company Peterson/Braegelmann Company Shimota Construction T.L.A. Homes, Inc. SCAVENGER Tampa, Inc.o Peterson/Braegelmann Co. Tancor Construction Allan Thomas Homes, Inc. Wicklund Builders TYPE B FOOD Woodcliff Development Corp. Wren Builders, Inc. Blue Bell Ice Cream These licenses have been approved by the department heads responsible for the licensed ctivity. 14/1 Pat Solie Licen ing MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager ,�a FRDM: Bob Lambert, Director of Community Services ' DATE: June 11, 1987 SUBJECT: Lake Eden School Park Playground Equipment Eden Lake Elementary School is scheduled to open in the Fall of 1987. Playground equipment is an important part of a school facility and the proposed equipment can be scheduled to be installed before school opens. Bob Hallett, Principal; Greg Peterson, Physical Education Teacher, and the Community Services Staff have collaborated to compose a list of facilities and requirements for the playground. A request for play equipment bids was distributed, which included plans, specifications and an evaluation sheet. All companies were required to provide as much play equipment as possible for $30,000. Bids were received and reviewed June 10, 1987. The evaluation form, which was sent otr with the bid request, proved to be an ineffective tool due to the complexity of the play equipment. A new form was composed allowing higher point values for the more expensive items. The Landscape Structures bid submitted by Earl F. Anderson scored the highest on the new evaluation form. It is the staff opinion this equipment is the best playstructure for the dollar and should be selected to be installed at Eden Lake School Park. Staff requests the Council to approve the Earl F. Anderson proposal for $30,000. Although, the City is responsible for bidding and installing the play equipment, the School District will reimburse the City for all expenses. BPC:md C I 77 PROPOSAL FORM ir City Council City of Eden Prairie 7600 Executive Drive Minnesota 55344 Members of City Council: The undersigned has examined the specifications and quoting materials on file at the City offices pertaining to the playstructure materials and installation at Eden Lake School/Park, 12000 Anderson Lakes Parkway, Eden Prairie, Minnesota, and hereby purposes to furnish the following in conformance with said specifications: Six (6) Tetherball Sets (pole, ball and rope) $ 705.00 Two (2) 9' Heavy Duty Basketball Sets $ 1968.00 (upright support, fan shaped backboard, reinforced rim, and chain net) Four (4) 10' Heavy Duty Basketball Sets $ 3935.00 (upright support, fan shaped backboard, reinforced rim, and chain net) One (1) Playstructure suitable for 5-8 year olds $ 11,8 96.00 One (1) Playstructure suitable for 8-11 year olds $ 11,496.00 Total $ 30,000.00 City Representative Authorizing / Authorized ignature acceptance of bid and commencement of construction according to said President specifications Title Earl F. Andersen & Assoc.Inc. Firm Name 9808 James Circle Bloomington,MN Address 884-7300 6-10-87 Phone / Date NOTE: Playstructures prices based on supplying "Playbooster" with steel posts and redwood decks. Standard Colors to be determined at time of purchase. See attached plans and detail sheet — including warranty information. L76 Etet1 LAtE L - plc_ fIndSc ij a. Sfi Ct.rixeA C 494\11 t i .ME-, -►► 8 El/AL-OA- l ! C.pdTFg14- 51.I CE , # 440 '4' fo0 s ii-¢1 rait 5 Pints per -f f of htuci. nt tube, dd000 8 . roller 5 .. .. _ .. topYh1N IQ i belt (each) I point per -fool ar het9M t►rc. 5 Ft)wits + eeer91 as .. * t (o 14S C.EUG.4 I poir f/sf. lc 'h. at n /ft-orhe i rihi 4t 1i+o ' giro MEP" I Fontk.f. x YL poi t/ft•of l ighi sr" Hop-1ZO1.1TA. Cok,&IEC.TDpi, tube. funnel 51=1,45/ linens Z1- c,la►tier bndse. 5 irits/ linearramp 2-pop-As/ Itruar SIP 301 hon2ontal lohtw- I &t/f-cf Iergt' ' Yz fotrtf-(od-oftia aaxjwlhorellts • •• .. . trolley ndt. 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Z5potn*s ncuj ZS �5 A L VAwe. as pints 35 35 RE1uu1(E60 tom fbw1EIJTS 5F» MO �Cr0 ►.,ys/rec�rQs cOda9or! 6UA-RANTED booinicj r-°F 1 4 Rev red Cote(3on nis 5/3 841 6-PALM 1bTAt. 117,U l 1 1 1 1 ( PROPOSAL FORM City Council City of Eden Prairie 7600 Executive Drive Minnesota 55344 Members of City Council: The undersigned has examined the specifications and quoting materials on file at the City offices pertaining to the playstructure materials and installation at Eden Lake School/Park, 12000 Anderson Lakes Parkway, Eden Prairie, Minnesota, and hereby purposes to furnish the following in conformance with said specifications: Six (6) Tetherball Sets (pole, ball and rope) $936.00 Two (2) 9' Heavy Duty Basketball Sets $1046.00 (upright support, fan shaped backboard, reinforced rim, and chain net) Four (4) 10' Heavy Duty Basketball Sets $2172.00 (upright support, fan shaped backboard, reinforced rim, and chain net) One (1) Playstructure suitable for 5-8 year olds $14,570.00 One (1) Playstructure suitable for 8-11 year olds $14.455.00 + Del. 1,300.00 (334,4?9.00)Total Total $29.999.00 - 4,480.00)iese City Representative Authorizing ,`''� acceptance of bid and commenceent Authorized f . of construction according to said Sales Representative specifications Title MIRACLE RECREATION EQUIP. CO. iI Firm NameBY Bob Klein & Associates ##! 100 Valley Lane Hastings. Mn. 55033 Address 439-4525 / 5/28/87 Phone Date 0 BOB KLEIN & ASSOCIATES Park&Playground Equipment 100 Valley Lane 612-4374525 Hastings, Mn. 55033 y`) Flu IAY& 'cttcoi.. t lrat: t *xtethen CCKPANY klAME. XJ-11 t,- DJALAIk VJ 1.1I:Eh • 14 !o5 h 6.0.1 10 minis per -fix* of Nu:cot Z5 s�rart - 4-o dooDl� r roller 5 INV A- fro bolaeach) I point per -foot af' hetcstd t►et. 3 f trits " ,. .. i. e,�er91 id t, S i 1-15 4- 240 C GIGS 1 point/sf. lc h. pant/-F+of'her{h1 zt 4. 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I tob z i.5 I I i s i I II UGta PROPOSAL FORM City Council City of Eden Prairie 7600 Executive Drive Minnesota 55344 Members of City Council: The undersigned has examined the specifications and quoting materials on file at the City offices pertaining to the playstructure materials and installation at Eden Lake School/Park, 12000 Anderson Lakes Parkway, Eden Prairie, Minnesota, and hereby purposes to furnish the following in conformance with said specifications: Six (6) Tetherball Sets (pole, ball and rope) $ 665.70 Two (2) 9' Heavy Duty Basketball Sets $ 962.50 (upright support, fan shaped backboard, reinforced rim, and chain net) Four (4) 10' Heavy Duty Basketball Sets $ 1,925.00 (upright support, fan shaped backboard, reinforced rim, and chain net) Alternate bid One (1) Playstructure suitable for 5-8 year olds $ 7,782.60 for Kid Kubes 6,508.00 One (1) Playstructure suitable for 8-11 year olds $ 18,505.38 17,545.00 Total f $ 29,841.18 27,606.20 ' lJvQiIiL�Ci`� City Representative Authorizing ut�d Signature acceptance of bid and commencement of construction according to said Vice President, Sales specifications Title Iron Mountain Forge Firm Name #1 Iron Mountain Drive / Farmington, MO 63640 . Address 1-800-325-8828 / 6/9/87 Phone Date � �tr' W FI:Fk UWE, Ct apt.. 1 1eot4 1.100KT11d 14 fvpE. C1 (RJl`( kilktie-' ,f-tt 5-8 DiAI,U&trki Cp.TE.-l/ - .* 5IA DEh 577 h I 5 mints ts per-ficif of haght 82- 32. amble railer * h Jikie i l0o CID belt (each) I point per -foot of he rd tilt. 3 piriis - .. „ If 3f.5 40 141 C.V. .5 I paint/sf. x Yz pmnt/-FFaP herthi NET'i I port/sf. z Ye.point/ft'of },et tt 03 1-1-2- C2- 1r9 9 4, k 1-1Op4ZoK1TAl. COLIN ELM Imo, tu4 -tunno1 5points/ linear t- \ c laM er budge. 5 ints/ linear ramp 2po .iriis/ ltrv.a.r • 144- hontonial (nzllar I Foint/ftof lengtf,v Ye fa -fo�cht ear-w/hordtts .. . « ., . trolley hde.. 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ZS polnis moo itcof 20 to VO.ne14 ptoW oppoftuns'tivl Z5 tents Os ►na4 Pa' NiuM efs at- MS t pa ln'1'ii:id 10 10 FUTURE coNNECnoN TerENInaL Z5polnts rrrui ZS 2.5 A£STI-EEl7{- VALUE z5 points 35 15 REqug260 0014 Fb LI SNITS 5p'�f A P°6?-40eJ SD 50 evhilAntTEE. bpoinisi 4 •rof ran Gu (pq-1 5110 # fecisired Car forur+s I bRAA.,ld to1AL 1 bl=j IGid bu t Id a rs Ezekl IAY.E, '.#hl. c$p ir 1 2b 411o0K.STAIN R i, CO4FAN.Y k1 MF-• it 6-l I -8 F..�/A1.d.ATICI' t CP-(TE-•1A.• 6✓I.I DE!-2 2b y h I-41 to pints per -fa,f of Nucl 4', s tt Abe. 8 3a wait. le. 8 . roller g - %Mille 3Z �NIkILt`i belt (each) I point per -Fbot ar het9M b rt. 3 p,tris - # Z°iY, e:3 1 C,IcS t point/Sf. lc rz. ant/#af heacthi 4' /k NETS I port/sf. x YZ font/ft.of hetghi •zg- • ,,Z Corte -- 44, 2� NbRiVD MT L. CAtitnIEC P(-7 F 'tu ivn►��l Spouts/linear t g- at), e.r bridge, S tnis/ Itnear, ramp Zirits/ Itruar 3o horttoniOJ 1ladtnr 1 p nt/ffcf ler tl,t fez pa�t/foc-cfk idol w/honci is . .. ie .. e• . N I. .1 • 100 . trolley rtdt, a points/-rf tergtk x Yz pointikolcFf,m, U,nleEps • -I( arch 2 potn•kI/-Ft of Y test(•�ooI-oflit I to rtbtionsliti.a, I ipDtrsi-!•Praf inn -h rt tfootntlfciatoPki. steps I staf 3 1 Z4 Iertc�Q loci a.r I po,:,t/foot Chcop.iv ' nno.l 3 points tS f t-of•}Iwo Chats lo4tiir Z poi rits(-footof I gnt MANGE , plants.. bzarr' I n+/I n o..r -fto-t j 119qq roil 6 Points/Iinaa-'-fixt tb Choirt. watt. 2 points/limas t- q k 4 t -Frrercians pi:A . 1 putt/:f} of luagh1 -C Jr .Ctltrnnfn bets. 1 / la\Ar tri•. con . 1?inkcontra,),(-- tzaf mt./ I.IYtaar t•ppi' Z wheel potn-ts tJ II- 4 -IOd.) e /tea 5.1i ppi .nacY% Lco r1 . 2ft t5 area-hut an p Z5 Qt nu —� P Varu2i� is mau—'r � 34 16 OICCA.do ► S.potnts-Par.12och ditc2nt- t) I o nt u 1air� 25 corms ma;.t! Z5 z5 Color us sfatao ZS po'n'tc moo! .5 °%c- Z5 Foin'1s Vraif vartL pbW O fp zii 1u^ 4 Z5 pants rne4 10 10 ft-VP-E. CONNECTION RirENTiAL Z.5Faoints rrc ui 2.5 Z5 AESTI4E?1G VALUE Zar point's 5coIntc per �ire.ascedoec i 25 ZO 1?Equ1pEA fANI{b►.l6iJTS Z5 „�,15 5O 50 ; WIkRANT>LE,. 10 Fos-nisi Fir, of ran tax i I 1066•S , 451 &PALM TD I. 1'i01.5 I PROPOSAL FORM City Council City of Eden Prairie 7600 Executive Drive Minnesota 55344 Members of City Council: The undersigned has examined the specifications and quoting materials on file at the City offices pertaining to the playstructure materials and installation at Eden Lake School/Park, 12000 Anderson Lakes Parkway, Eden Prairie, Minnesota, and hereby purposes to furnish the following in conformance with said specifications: Six (6) Tetherball Sets (pole, ball and rope) $ 920.00 *Quality Ind. #38 Two (2) 9' Heavy Duty Basketball Sets $1,350.00 (upright support, fan shaped backboard, reinforced rim, and chain net) *Quality #'s 6435 &411 Four (4) 10' Heavy Duty Basketball Sets $2,545.00 (upright support, fan shaped backboard, reinforced rim, and chain net) *Quality #'s 6435 & 411 One (1) Playstructure suitable for 5-8 year olds $NO BID One (1) Playstructure suitable for 8-11 year olds $NO BID Total $4,815.00 [! Gfi� Steve Flanagan City Representative Authorizing Aut�rized Signatu/�t' acceptance of bid and commencement of construction according to said President specifications Title Flanagan Sales, Inc. Firm Name 1938 West County Road C Roseville, MN. 55113 • Address 612-633-1906 / 6-1-87 Phone Date MEMORANDUM TO: Mayor and City Council THRU: Carl Jullie, City Manager FRDM: Bob Lambert, Director of Community Services ' DATE: June 11, 1987 SUBJECT: Eden Prairie High School Request for Additional Pool Time Attached to this memo is an April 28, 1987 letter from Steve Schultz, Director of Student Activities for Eden Prairie High School, requesting the City grant the Girl's Swim Team one half hour of additional swim time. Also, attached is a May 1 letter from David Goble, Fox Jet Board member, requesting the City to consider allowing the Fox Jets to expand 30 minutes into the open swim period, if the City grants the high school to expand 3D minutes into their previously allocated time. Also, attached is a May 13 memo from Rick Bolinske outlining several options the City has regarding these requests. At the June 1 meeting, the Parks, Recreation and Natural Resources Commission listened to Mr. Schultz and two representatives from the Fox Jets, David Goble and Jerry Snyder. The Commission members pointed out that the priority for use of pool time was established prior to opening the building was City programs first, school programs second and athletic associations or clubs third. The Commission members voted unanimously to continue to support that policy and, therefore, recommended approval of the request from Steve Schultz for an additional half hour of swim time for the Girl's Swim Team, but denied the Fox Jet request for expansion of their swim time into the open swim period. The Community Services Department concur with the Parks, Recreation and Natural Resources Commission recommendation and request the City Council to approve the recommendation of the Parks, Recreation and Natural Resources Commission. BL:md MEMORANDUM TO: Mayor and Eden Prairie City Council Eden Prairie Park and Recreation Commission THRU: Bob Lambert, Director of Community Services FROM: Rick Bolinske, Superintendent of Recreation ga DATE: Wednesday, May 13, 1987 SUBJECT: Eden Prairie High School's request for more pool time. This will serve as a summary and staff recomendation on the Eden Prairie High School's request for an additional 1/2 hour of swim time for their girls high school swim team. Staff sees the options as follows: 1. Leave the swim times the way they are. 2. Take the 1/2 hour requested by E.P.H.S. from the Foxjets swim program. 3. Take the 1/2 hour requested from the open swim time available to families and individuals at the Community Center. The problems with each of the options listed above are as follows: Option 1-leaving the times as they are provides a problem for the girls swim program. Their numbers are steadily growing. They com- petition they now receive in the Lake Conference is much stiffer than the conference they were in before. Staff at the high school and Community Center feel they do need an additional 1/2 hr. to be competitive with the rest of the Lake Conference. Numbers in the high school program will continue to grow because of the fine feeder program provided by the Foxjets. Option 2. By taking 1/2 hour out of the Foxjets program, we would be taking time from a program that is already bursting at the seams with numbers of participants. The Foxjets swim program has over 125 indivi- duals swimming at the Community Center. Most times now, during practice, there are as many as 10 children in each lane. Four-five years ago the Foxjet program was mainly non-residents, but this has changed and now over 857. of the participants are Eden Prairie residents. Staff have received many requests from the Foxjets requesting more time. Option 3- Takes time away from the general public and taxpayer of Eden Prairie. This is a very difficult option to grant for the following reasons. 1. The Community Center's main focus, when built, was to provide open swim time to the citizens of Eden Prairie. - 1 2. As stated above, not only does the high school want additional ie time, but so do the Foxjets. The problem comes in as to where do you draw the line. 3. 7:30-8:00 is the prime time for youth to swim at the Community Center. Ibst of our open swimmers at night come from 7:30-8:30 and the numbers drop off drarte,.:::a'_'y after that. Average daily attendance for the months of Sept and Oct is from 30-50 persons. 4. Staff has the concern that if open swim starts at 8:00 many parents would be upset because of the lateness of the open swim Children would be forced to swim from 8-9:00, go home and get to bed by 9:30 on a school night. Staff doesn't feel this would be acceptable to parents. 5. Staff is in the process of setting up a new membership for youth. Our intention is to increase the number of youth who use the Community Center on a regular basis. The youth membership is inexpensive and is designed to make it attractive for the youth of Eden Prairie to use the Community Center. Staff hopes to sell well over 1,000 memberships to youth. Staff feels that changing the open swim time even that 1/2 hour would affect their plans for increasing the amount of youth who use the center regularly. 6. During the recent park bond referendum, we heard over and over again how the general public wanted open public sessions protected. Staff feels it would be a mistake to change our open public sessions time now. There are no easy solutions to changing any of the times listed above. Staff recommends the high school requesting an additional 1/2 hour from the Foxjet program. The reasons are as follows. 1. On the priorities listing, the high school has priority over the Foxjets. 2. Right now, the Foxjets have 3 hours of practice time and the high school two hours. By giving the high school 1/2 hour of the Foxjet time, both would have 2 1/2 hours apiece. 3. This 1/2 hour of time, taken from the Foxjet program, would only be for the months of Sept., Oct., and part of Nov. The Foxjet program runs year round, and the staff at the Community Center feels we could make up that 1/2 hour lost over that two months at another time. 4. It is hoped that the Fox jets can adjust their schedule and move to earlier times the days that the high school girls team has meets. It is also hoped that we can work out morning swim time for both the high school and the Foxjets. r Demands for additional time, by groups and individuals, will be increasing at _ the Community Center, as programs and the City of Eden Prairie continue to grow. Presently, we are at capacity for ice rentals and swimming. Our weight room and racquetball courts are at capacity for the six winter months. Waiting lists are developing in all skating and swimming programs. People are being turned down in those programs. This puts staff in a precarious position, similar to that discussed above. • • • • • EDEN PRAIRIE HIGH SCHOOL .'! 17185 Valley View Road lr. Eden Prairie,MN 55344 (612)934-6900 ; r / STEPHEN SCHULTZ COORDINATOR April 28, 1987 Mayor Gary Peterson and members of the City Council City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Dear Mayor Peterson; I am addressing this letter to you in the hope that you will route this request through the proper channels. The request is for additional pool rental time for our school swimming program. As you will recall, when the Eden Prairie Community Center was built, and the present policies were developed, we did not have a school program. Since that time, we have added both a girls'interscholastic program as well as a boys' program. Both programs started out very small and we were able to accomodate practice and meet times within the existing structure. Now, four years later, we find that the time allotted us is not adequate for the numbers of participants in our program - especially during the girls' season in the fall. In 1983 our girls participants numbered 25. This past year we had over 40 girls involved in the program. We need an additional half hour of practice time just to handle the increase in numbers, but also to give our participants an equal practice base to that of our competitors in the Lake Conference. We have met with the management of the Community Center and represent- atives from the Fox-jets to discuss these items, and have participated in developinga proposal that would accomodate our needs for the fore- seeable future by allowing us to practice for an additional half hour each day. We are very willing to discuss this request with the council as a whole, the Parks and Recreation commission, and/or city staff at your conven- ience. g Sincerely, St phen Schultz Director of Studen Activities OFFICE OF STUDENT ACTIVITIES cc Bob Lambert 1_ May 1, 1987 Eden Prairie City Council Eden Prairie City Offices • 7600 Executive Drive Eden Prairie, MN 55344 Dear Councilmen: It is my understanding that the Eden Prairie High School Girls Swim Team has requested an additional half hour of pool time at the Community Center. The Eden Prairie Foxjet Swim Club wants to support the high school team. We see ourselves as the training ground for most of these swimmers and the off season outlet to continue swimming. Last year the FoxJets had over 110 children from Eden Prairie in our program. These children go from 5 years of age up to 18, we need to keep a three hour block of pool �. time to continue our program. With some reservation we are open to shifting our pool time to 5:00-8:OOPM. We don't want to say no to anyone who wants to swim, however if we loose a half hour of pool time we may have to say no. If I can answer any questions concering the Eden Prairie Foxjet Swim Club please contact me at 934-8261. Sincerely, li?'/41)/162_ David R. Goble Foxjet Board Member 6518 Leesborough Ave. So. I� Eden Prairie, MN 55344 UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION Monday, June 1, 1987 7:30 p.m., 8600 Executive Drive COMMISSION MEMBERS PRESENT: Pat Breitenstein, chairperson; Bud Baker, Moe Cook, Gary Gonyea, Brian Mikkelson Charles Shaw COMMISSION MEMBERS ABSENT: Karon Joyer COMMISSION STAFF: Bob Lambert, Director of Community Services OTHERS PRESENT: Rick Bolinske, Superintendent of Recreation I. ROLL CALL The meeting was called to order at 7:30 p.m. by chairperson, Pat Breitenstein. II. APPROVAL OF AGENDA Lambert asked Sandy Verts, Recreation Supervisor to introduce Kari Wahl, who will be taking over Sandy's duties while she is on maternity leave and will be working on a part-time basis thereafter. MOTION: Cook moved to approve the agenda as printed. Shaw seconded the motion and it passed 6-0. III. APPROVAL OF MINUTES - MAY 18, 1987 MOTION: Gonyea moved to approve the minutes as mailed. Mikkelson seconded the motion and it passed 6-0. IV. PETITIONS, REQUESTS AND COMMUNICATIONS A. Request for Additional Pool Time from Steve Schultz EMS Refer to memo dated May 13, 1987 from Rick Bolinske, Superintendent of Recreation. Lambert introduced Steve Schultz from Eden Prairie High School and said that members of the Foxjets Swim Club were also present. Mr. Schultz said that the swimming program was begun four years ago and has undergone many changes and stages since that time because of the increase in membership and competition in the Lake Conference. The club is in the position of not having enough swimming time. UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 1, 1987 -2- Most members of the conference swim in their own buildings. He added that the club went from 25 kids to over 40. That increase along with the need for more practice time makes it necessary to have as much swim time as possible. The club has met with staff and members of the Foxjets. They do not want to antagonize other swimmers, but would like to offer trade-off in times when the club have away meets. He is referring to the fall season only from Labor Day through mid November and asking for an additional 1/2 hour per day which would give the Foxjets the hours of 2:30-5:00 p.m. The club has away meets seven days. Mikkelson asked what is done with the free swim time now. Bolinske said it is used for lessons, open swim time and practice time by the Foxjets. Cook asked how the amount of practice time the Foxjets have compares to other Lake Conference teams. Schultz said it is actually a little less. Mikkelson asked how many away meets there are. Schultz said there are seven. Lambert asked Rick Bolinske and representatives of the Foxjets for comments and said the major issue is whether to cut into open swim time. Jerry Snyder of the Foxjets asked Mr. Schultz when dry land activity such as exercises are done. Schultz said this is generally done in the morning. Mr. Snyder said he is concerned because the Foxjets is a feeder program to the high school swimming team and that 60-75% of the swimmers are from Eden Prairie with about 80-125 kids in the club. He is concerned with the younger kids having too much spare time. Dave Goebel, a member of the Foxjet Board, said that the younger kids swim on Tuesdays and Thursdays and that this program is considered a latch key program for working parents. The Foxjets do not want to take time from the high school girls, but if they are pushed back 1/2 hour they would be swimming until 8:00 p.m. He does not know how large the senior group will be this fall, but they could possibly get by with three or four lanes and leave the rest for open swimming. Cook asked if youth sports aren't being started too early and why is third grade considered such a good time to start. Goebel said the Foxjets were a high powered swim team at the beginning, but the program has changed. He said there are no olympic caliper swimmers on the team at this time and they are more of a community swim team. The club is a member of the U.S. Swim Team. The average !, child between 6 and 10 years old is in the water three days a week. The club would like a better program in between lessons and competitive swimming. UNAPPROVED MINUTES irEDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 1, 1987 -3- Cook said he feels children are being encouraged and then not given sufficient time to swim at the high school level. He added that the pools should not be used as a habysitting program. Cook asked how many people utilize the swimming programs for this reason. Goebel said he does not have an accurate number, but that it is a factor for some people. Shaw said his understanding is that swim time during September, October and part of November will overlap with the school. Goebel said that was true and the club holds championships in February. The summer program runs from May through July and the pool is used strictly for practice. Gonyea asked where the clubs swims competitively. Goebel said they usually use the pool at Richfield Junior High. Cook asked which swimmers use the pool during the prime time of 7:30-8:30 p.m. Bolinske said it is mainly young people. Mikkelson asked if it is true that 85% of the swim team are resid aboutents 67Z ttwo Eden weeksPrairie. ago, butGoebel clubsaid iiisthe mainlyfigure an Edenactually Prairie based team. Mikkelson asked if the Foxjets couldn't be a completely Eden Prairie based team. Goebel said it could be if there were more swimmers from Eden Prairie. Cook said his understanding is that we are talking about 38 hours of time. Goebel said the additional 1/2 hour may or may not be important to the Foxjets in the fall, but he is unsure at this time. Lambert said that as the memo clearly states, the City's priorities are with the high school first and secondly with the Foxjets. He added that the school will receive the additional 30 minutes per their request unless the Commission wants to allow the Foxjets to take 1/2 hour of open swim time for the months of September through October. Lambert reminded the Commission that during the park bond referendum this year, there were many comments regarding open use of pool time, ice rinks and other athletic facilities and the City Council felt that open time should be protected. He noted that there was not a girls swim team when the Community Center opened. Gonyea said his understanding is that the Community Center was opened with the general public first in mind. He asked if the Foxjets contribute any money to the Community Center. Lambert replied that the Foxjets are an Eden Prairie based team and pay pool rental. Baker said that if we cut into public time, what times of the day this would involve. Bolinske said this would involve the hours of 7:30-8:00 p.m. yl UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 1, 1987 -4- Baker asked how many people use the pool during this time. Bolinske said it is generally 30 to 50 people. Baker asked what options have been pursued with the morning swim time. Bolinske said both groups need swim time and they have encouraged them to use morning swim time. Neither group wants to push the general public out of swim lanes. He added that as many as 20-40 people come in to swim at 5:00 a.m. Cook said although he sympathizes with the Foxjets, needs are such that there are not enough available facilities. MOTION: Cook moved to recommend that an additional 1/2 hour of poTtime be extended to the high school for a total of 2-1/2 hours daily and that this time is subtracted from the Foxjets time and also that the open swim time be maintained from 7:30-8:30 p.m. Shaw seconded the motion and it passed 6-0. V. DEVELOPMENT PROPOSALS A. Twiss Property Development Proposal Refer to memo dated May 27, 1987 from Bob Lambert, Director of Community Services. Mr. Mike Gair of Gair & Associates, Site Design and Planning Consultants, was present at the meeting and briefly introduced Mr. & Mrs. Twiss, Wayne Brown, David Brown, Greg Brown and Peter Knaeble. Mr. Gair reviewed the property which is located in the southeast portion of Eden Prairie, 1/2 mile off Bennett Place. The site is 10.5 acres with a 660' east-west dimension and a 660' north-south dimension. He pointed out the location of Purgatory Creek within the Bluestem property. Lambert asked the present location of the barn. Gair showed its location and added that Bennett Place is currently under construction with the Twiss property lying west of Bluestem. The Twiss property is being sold to David and Wayne Brown. It is currently zoned rural and the developer is asking a zoning change to R1-13.5 similar to the Bluestem First Addition to the east. The plan indicates two land uses -- the southeast portion of two acres, which is 2D% of the site, is designated as public open space, floodplain and park. Elevations range from 750' at the creek up to 800'. The remaining 8 acres is designated low density residential and includes land with elevations of 750' in the southeastern corner to 853' near the Twiss home. Gair said that the proposal is to extend a roadway from Bennett Place west into the Bluestem First Addition to the northwest Twiss property corner. Future access would be through Eden Prairie Acres which is the Hustad property and connect with Purgatory Road. Parallel contours to this road allow the development of the Hustad property. It is proposed to plat the low density residential areas lj 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-148 RESOLUTION RECEIVING FEASIBILITY REPORT AND SETTING PUBLIC HEARING WHEREAS, a report has been given by the City Engineer, through Hanson Thorp Pellinen Olson to the City Council recommending the following improvements to wit: I.C. 52-117 TRUNK WATERMAIN BETWEEN I-494 AND ROWLAND ROAD (INTERNATIONAL SCHOOL) NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. The Council will consider the aforesaid improvements in accordance with the report and the assessment of property abutting or within said boundaries for all or a portion of the cost of the improvement pursuant to M.S.A. Section 429.011 to 429.111, at an estimated total cost of the improvements as shown. 2. A public hearing shall be held on such proposed improvement on the JULY 7, 1987 at 7:30 P.M. at the Eden Prairie City Hall, 7600 Executive Road. The City Clerk shall give published and mailed notice of such hearing on the improvements as required by law. ADOPTED by the Eden Prairie City Council on JUNE 16, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-149 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer, with the assistance of Hanson Thorp Pellenin Olson, has prepared plans and specifications for the following improvements to wit: 52-1I7 TRUNK WATERMAIN BETWEEN I-494 AND ROWLAND RDAD (INTERNATIONAL SCHOOL) 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 16, 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 21, 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 16, 1987 Gary D.Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-150 RESOLUTION APPROVING PLANS ANO 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. 52-104 PRAIRIE VIEW DRIVE AND ST. ANDREWS DRIVE UTILITY AND STREET CONSTRUCTION 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 16, 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 21, 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 16, 1987. Gary D.Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 1 �' CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-151 COOPERATIVE CONSTRUCTION AGREEMENT TH 5 BETWEEN PRAIRIE CENTER DRIVE AND WALLACE ROAD WHEREAS, and specifications sfor the aconstruction rtment of aofpTHt5tbetween Wallaceion has preparedRoadaandlans Prairie Center Drive in Eden Prairie; WHEREAS, the City of Eden Prairie has approved said plans and specifications for the improvement of TH 5; WHEREAS, a cooperative construction agreement has been prepared which identifies the maintenance and financial obligations for the construction of said improvements; and WHEREAS, the improvements contemplated in this project are important to the health, safety, and welfare of the residents of Eden Prairie. NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that said cooperative construction agreement #64045 for S.P. 2701-27 (T.H. 5=121) is hereby approved and the Mayor and City Manager are authorized to execute the agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on JUNE 16, 1987. Gary D. Peterson, Mayor ATTEST: SEAL Jo n D. Frane, C erk 11u DESIGN STATE OF MINNESOTA AGREEMENT NO. DEPARTMENT OF TRANSPORTATION COOPERATIVE CONSTRUCTION AGREEMENT 64045 S.P. 2701-27 (T.H. 5=121) Fed. Proj. F 014-3(38) Agreement between AMOUNT ENCUMBERED The State of Minnesota Department of Transportation, and (None) The City of Eden Prairie Re: City cost of bikeway, ponding area, ESTIMATED AMOUNT utilities and drainage system construction RECEIVABLE by the State along T.H. 5 from 0.55 of a mile west of C.S.A.H. 60 to $181,512.60 I Prairie Center Dr. in Eden Prairie THIS AGREEMENT made and entered into try and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Eden Prairie, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". \14-‘ 64045 WITNESSETH: WHEREAS the State is about to award a contract for bituminous resurfacing, bituminous shoulder widening, slope flattening, turn lanes, channelization and signal systems construction and other associated construction work to be performed in accordance with state plans, specifications and special provisions upon, along and adjacent to the following roadway portions. (1) Trunk Highway No. 5 from Engineer Station 853+50 (Trunk Highway No. 41) in Chanhassen to Engineer Station 1120+07 (Heritage Road) in the City under State Projects No. 1002-45 (T.H. 5=121) and No. 2701-31 (T.H. 5=121) and in the records of the Federal Highway Administration as Minnesota Project No. F 014-3(34). (2) Trunk Highway No. 5 from Engineer Station 1178+66.85 (0.70 of a mile west of CountyState Aid Highway No. 60) to Engineer 9 Y Station 110+20.00 (0.81 of a mile east of County State Aid Highway No. 60) within the corporate city limits under State Project No. 2701-27 (T.H. 5=121) and in the records of the is Federal Highway Administration as Minnesota Project No. F 014-3(38) ; and -2- /� ; 64045 WHEREAS city cost participation is required on State Project No. 2701-27 (T.H. 5=121) for bikeway, sidewalk, storm sewer and utility construction and other associated construction work to be performed upon, along and adjacent to Trunk Highway No. 5 within the corporate city limits; and WHEREAS the City has expressed its willingness to participate in the costs of said required city cost participation construction as hereinafter set forth; and WHEREAS in connection with said contract, the construction of traffic control signal systems to be covered under State Project No. 2701-27 (T.H. 5=121) will be covered under Traffic Control Signal Agreement No. 64088 between the State, the City and the County of Hennepin. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CONSTRUCTION BY THE STATE The State shall, in connection with the award of the construction contract, administration of said contract and the performance of construction engineering for State Projects No. 1002-45 (T.H. 5=121), No. 2701-31 (T.H. 5=121) and No. 2701-27 (T.H. 5=121) do and perform the following. J I „psi 64045 Section A. Contract Award Duly advertise for bids and award a contract to the lowest responsible bidder for the Trunk Highway No. 5 bituminous resurfacing, bituminous shoulder widening, slope flattening, turn lanes, channelization and signal systems construction and other associated construction work in accordance with state plans, specifications and special provisions bearing the above state project number designations and which are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and are made a part hereof by reference with the same force and ff effect as though fully set forth herein. Section B. Direction and Supervision of Construction Direct and supervise all construction activities performed under said state projects, and perform all construction engineering and inspection functions necessary for the satisfactory completion of said state projects construction. Section C. Plan Changes, Extra Work, Etc. Make such changes in plans or in the character of the work for said state projects construction, including the city cost participation construction hereunder, which are reasonably necessary to cause said state projects construction to be in all things performed and completed in a satisfactory manner, and to -4- .9 • 64045 that end and as supplemental to any contract let for the construction of said state projects, to enter into any change orders or supplemental agreements with the state's contractor for the performance of any extra work or work occasioned by any necessary, advantageous or desirable changes in plans. However, the State's District Engineer at Golden Valley or his duly authorized representative will inform the City Manager or other appropriate city official of any proposed change order or supplement to the construction contract which will affect the city cost participation hereunder. Section D. Satisfactory Completion of Contract Do and perform all other acts and functions necessary to cause said state contract to be completed in a satisfactory manner. ARTICLE II - BASIS OF PAYMENT BY THE CITY Section A. Construction Costs The City shall pay to the State, as the City's full share of the costs of the construction to be performed in accordance with Article I hereof, the costs of the construction described below under "CITY COST PARTICIPATION CONSTRUCTION" and of the costs of any contract change orders or supplemental agreements which may be necessary to complete said city cost participation construction and the cost of any settlements of claims made with -5- 64045 the state's contractor in connection with said city cost participation construction. Said payment by the City hereunder of the City's share of construction costs shall be based on the final quantities of city cost participation construction work items performed or the final payment quantity in the case of plan quantity items multiplied by the appropriate unit prices contained in the construction contract to be awarded by the State in accordance with Article I hereof and/or multiplied by the appropriate unit prices contained in any supplemental agreements to the state's contract which r provide for city cost participation construction. Y Attached hereto, made a part hereof by reference and marked SCHEDULE "i", is a preliminary construction cost estimate form which lists all of the anticipated city cost participation construction and construction engineering items to be performed hereunder. Also attached hereto, made a part hereof by reference and marked EXHIBIT "A", are three color coded sheets which shows and/or describes all of the anticipated city cost participation storm sewer facilities construction to be performed hereunder. It is hereby understood and agreed that any and all liquidated damages assessed the state's contractor in connection with the work performed under said state contract shall result in a credit shared by the State and the City in the same proportion as their _6_ 64045 respective total cost share of construction contract work is to the total contract cost without any deduction for liquidated damages. CITY COST PARTICIPATION CONSTRUCTION 1. All of the following construction to be performed upon, along and adjacent to Trunk Highway No. 5 from Engineer Station 1189+20 (Wallace Road) to Engineer Station 110+00 (Prairie Center Drive) within the corporate city limits under State Project No. 2701-27 (T.H. 5=121). 100 PERCENT CITY COSTS All of the relocate hydrants, relocate and adjust water valve boxes and adjust sanitary sewer frame and ring castings on city owned utilities as shown and/or described in "Yellow" color on the attached EXHIBIT "A". 79.6 PERCENT CITY COSTS All of the cooperative joint-use storm sewer facilities construction as shown and/or described in "Orange" color on the attached EXHIBIT "A". 76.1 PERCENT CITY COSTS All of the cooperative joint-use storm sewer facilities construction as shown and/or described in "Blue" color on the attached EXHIBIT "A". -7- • 64045 72.2 PERCENT CITY COSTS All of the cooperative joint-use holding pond system (Gopher Pond) construction located on the north side of Trunk Highway No. 5 from Martin Drive (approximate Engineer Station 1190+00) to a point approximately 630 feet north of Trunk Highway No. 5 Engineer Station 1197+00. Said construction is unclassified excavation. 42.9 PERCENT CITY COSTS All of the cooperative joint-use storm sewer facilities construction as shown and/or described in "Brown" color on the attached EXHIBIT "A". 40.0 PERCENT CITY COST All of the 4 inch concrete walk, and its aggregate base, on the west side of Mitchell Road from Engineer Station 34+25 to Engineer Station 34+88 and on the east side of Mitchell Road from Engineer Station 34+62 to Engineer Station 34+74. 37.0 PERCENT CITY COSTS All of the cooperative joint-use storm sewer facilities construction as shown and/or described in "Heliotrope" color on the attached EXHIBIT "A". -8- 64045 31.1 PERCENT CITY COSTS All of the cooperative joint-use storm sewer facilities construction as shown and/or described in "Red" color on the attached EXHIBIT "A". 30.0 PERCENT CITY COSTS All of the following construction associated with the 8 foot bituminous bikeway construction. 1. All of the 3 inch bituminous walk and its aggregate base. 2. All of the extension of the box culvert, riprap and fencing construction and other associated construction work located on the north side of Trunk Highway No. 5 at Purgatory Creek caused by said bikeway. Said construction includes but is not limited to common excavation, common channel excavation, select granular borrow, 10 feet of 106 concrete box culvert, random riprap, wire fence, metal brace assemblies and electrical grounds. 13.9 PERCENT CITY COST All of the cooperative joint-use storm sewer facilities construction as shown and/or described in "Green" color on the attached EXHIBIT "A". -9- • 64045 Section B. Prorated Construction Costs In addition, said payment by the City shall also include an amount equal to the City's final total share of construction costs as determined in accordance with Section A. above multiplied by the City's prorated shares of the contract costs of Items No. 2021.501 "Mobilization", No. 2031.501 "Field Office", No. 2031.503 "Field Laboratory", No. 2051.501 "Maintenance and Restoration of Haul Roads" and No. 563.601 "Traffic Control". The formula by which said additional payment shall be determined is set forth in said attached SCHEDULE "I". Said additional payment represents the City's proportionate shares of the mobilization, field office, field laboratory, maintenance and restoration of haul roads and traffic control costs incurred in connection with the aforesaid city cost participation construction. Section C. Construction Engineering Costs In addition to payment of the aforesaid construction costs including the prorated cost shares of "Mobilization", "Field • Office", "Field Laboratory", "Maintenance and Restoration of Haul Roads" and "Traffic Control", the City shall pay to the State a prorated share of the construction engineering costs for field engineering and inspection, preparation of progress and final estimates reports, record sampling, and material testing and -10- II64045 inspection which will be incurred by the State in connection with said city cost participation construction. Such construction engineering costs shall consist of charges made by state personnel assigned to said state projects and of a classification no higher than "Principal Engineer" (Resident Engineers assigned state district offices and placed in charge of construction projects are classified as Principal Engineers) as recorded under the state construction cost accounting work item code numbers appropriate for such construction engineering activities on the "Time Report" (Form TC 30) and the "Cost Distribution" (Form TC 32) forms. Said City prorated cost share shall be determined using the method and formula set forth in said attached SCHEDULE ',I% (Note: For the purposes of estimating the City's share of said construction engineering costs as shown in the attached SCHEDULE "I" construction cost estimate form, the State has used an amount equal to 8 percent of the estimated amount computed as the City's total share of the aforementioned construction costs which includes the City's cost shares of the items of "Mobilization", "Field Office", "Field Laboratory", "Maintenance and Restoration of Haul Roads" and "Traffic Control".) 1 t -11- 64045 ARTICLE III - PAYMENT BY THE CITY Section A. Estimate and Advancement of the City's Cost Share It is estimated, for accounting purposes, that the City's share of the costs of the construction work to be performed by the State hereunder which includes the City's shares of the prorated items "Mobilization", "Field Office", "Field Laboratory", "Maintenance and Restoration of Haul Roads" and "Traffic Control" plus the 8 percent construction engineering cost share (used for estimating purposes only) is the sum of $181,512.60 as shown in the attached SCHEDULE "I". The State shall, when a construction contract is awarded which includes the city cost participation construction work to be performed hereunder, prepare a revised SCHEDULE "I" based on the construction contract unit prices and submit a copy of said revised SCHEDULE "I" to the City. The City agrees to advance to the Commissioner of Transportation an amount equal to the City's total cost share as set forth in said revised SCHEDULE "I" be it more or less than said sum of $181,512.60 forthwith upon the execution of this agreement and upon receipt of a request from the State for such advancement of funds. Section B. Final Payment by the City It is contemplated that all of the construction work to be performed under said state construction contract is to be done on a unit price basis. Upon the completion and acceptance of the -12- { ( 8 64045 work provided for in said contract let by the State and the preparation by the State of a final estimate computing and determining the amount due the contractor performing the work, the Commissioner of Transportation shall determine and compute the amount due the Trunk Highway Fund of the State of Minnesota from the City for said city cost participation construction work as set forth hereunder. After the Commissioner of Transportation determines the actual amount due from the City, he shall apply on the payment thereof as much as may be necessary of the aforesaid funds advanced by the City. If the amount found due from the City is less than the amount of the funds advanced, then, and in that event, the balance of said advanced funds shall be returned to the City without interest. If the amount found due from the City exceeds said amount of funds advanced, the City agrees to promptly pay to the State the difference between said amount found due and said amount of funds advanced. Pursuant to Minn. Stat. 15.415, the State waives claim for any amounts less than $2.00 over the City payment funds earlier received by the State, and the City waives claim for the return of any amounts less than $2.00 of such funds advanced by the City. -13- 64045 Section C. Acceptance of City's Final Cost Share and of Completed Construction It is understood and agreed that the aforesaid computation and determination by the Commissioner of Transportation of the amount due from the City hereunder shall be final, binding and conclusive. It is further agreed that the acceptance by the State of the completed construction work provided for in said state plans designated as State Projects No. 1002-45 (T.H. 5=121), No. 2701-31 (T.H. 5=121) and No. 2701-27 (T.H. 5=121) and performed under contract let by the State shall be final, binding and conclusive upon the City as to the satisfactory completion of said work. ARTICLE IV - GENERAL PROVISIONS Section A. Plan Changes The City may request a change or changes in the plan by a duly adopted City Council resolution for State Project No. 2701-27 (T.H. 5=121) construction to be performed hereunder in order to satisfactorily complete the aforesaid city cost participation construction, and if the State determines that said requested plan change or changes are necessary and/or desirable, the State will cause such change or changes in plan to be made and appropriately alter the affected construction. -14- 1 � VV } It64045 Section B. Replacement of Castings In connection with the relocate Hydrants, adjust water valve ! boxes and adjust sanitary sewer frame and ring castings on city i owned utilities to be performed by the state's contractor under 1 State Project No. 2701-27 (T.H. 5=121), the City hereby agrees to furnish the state's contractor with new castings and/or parts therefor when replacements are required, without cost or expense to the State or the state's contractor, excepting replacements required of castings and/or parts broken or damaged by the state's contractor. Section C. Utility Permits 1 The City shall, within 30 days of the execution of this 1 agreement, make application to the State's District Engineer at I, Golden Valley for a permit or permits granting the City permission to place or have placed and thereafter maintain all of 1 the city owned sanitary sewer facilities and watermain facilities 4 to be constructed upon and within the trunk highway right of way and within the corporate city limits under State Project No. 1 2701-27 (T.H. 5=121). Application for such permit cr permits shall be made on the State's "Application For Utility Permit on Trunk Highway Right of Way" (Form TP2525). -15- ir 64045 Section D. Maintenance It is hereby understood and agreed that, upon the satisfactory • completion of State Project No. 2701-27 (T.H. 5=121) • construction, the City shall thereafter provide for the proper maintenance, without cost or expense to the State, of all of the city owned sanitary sewer facilities and watermain facilities constructed within the corporate city limits under said state project. It is hereby understood and agreed that, upon the satisfactory completion of State Project No. 2701-27 (T.H. 5=121) construction, the City shall thereafter provide for the proper ( maintenance, without cost or expense to the State, of the entire portions of the storm sewer facilities and all of the facilities a part thereof constructed outside of the Trunk Highway No. 5 right of way limits within the corporate city limits under said state project. It is hereby understood and agreed that, upon the satisfactory completion of State Project No. 2701-27 (T.H. 5=121) construction, the City shall thereafter provide for the proper maintenance, without cost or expense to the State, of all of the concrete walk as described in Article Ii, Section A. under "40.0 Percent City Costs" and all of the bituminous walk (bikeway) constructed within the corporate city limits under said state -16- 64045 project. Said maintenance shall be understood to include, but not be limited to, snow and debris removal and any other maintenance activities necessary to perpetuate said concrete walk and bituminous walk (bikeway) in a safe and usable condition. Section E. Additional Drainage It is hereby understood and agreed that, upon the satisfactory completion of State Project No. 2701-27 (T.H. 5=121) construction, neither party to this agreement shall drain any additional areas into the storm sewer facilities that are not included in the drainage area for which said storm sewer facilities were designed without first obtaining permission to do so from the other party. Section F. Claims It is hereby understood and agreed that any and all employees of the State and all other persons employed by the State in the performance of the construction and/or construction engineering work or services required or provided for under this agreement • shall not be considered employees of the City and that any and 1 all claims that may or might arise under the Worker's ? Compensation Act of the State of Minnesota on behalf of said rI employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part -17- 64045 of said state employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the City. It is hereby understood and agreed that any and all employees of the City and all other persons employed by the City in the performance of any of the maintenance work or services required or provided for under this agreement shall not be considered employees of the State and that any and all claims that may or might arise under the Warker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said city employees while so engaged on any of the maintenance work or services to be rendered under this agreement by the City shall in no way be the obligation or responsibility of the State. The City at its own expense will defend, indemnify and save harmless the State and all of its agents, officers and employees of and from any and all claims, demands, actions or causes of action of whatsoever nature or character arising out of or by reason of the City's negligent acts or omissions in connection with the maintenance work covered by this agreement including an action or claim which alleges negligence of the State, its agents, officers or employees. -18- • 64045 Section G. Nondiscrimination The provisions of Minnesota Statute 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this agreement as if fully set forth herein. Section H. Agreement Approval Before this agreement shall become binding and effective, it shall be approved by resolution of the City Council of the City and shall also receive the approval of such state officers as the law may provide in addition to the Commissioner of Transportation f or his duly authorized representative. -19- JI �V 4 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-152 COOPERATIVE SIGNAL AGREEMENT TH 5: MITCHELL ROAD AND WALLACE ROAO WHEREAS, the Minnesota Department of Transporation has prepared construction plans and specifications for the improvement of TH 5 between Wallace Road and Prairie Center Drive; WHEREAS, the City of Eden Prairie has approved said plans and specifications and has entered into a cooperative construction agreement for the construction of those facilities; WHEREAS, the project development proposes to install temporary traffic control signals at Wallace Road and reconstruct the traffic control signals at Mitchell Road; and WHEREAS, a cooperative agreement between the Minnesota Department of Transportation and the County of Hennepin with the City of Eden Prairie has been prepared which identify the maintenance and financial obligations of each agency. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that Agreement Number 64088 with the State of Minnesota, Department of Transporation is hereby approved, to-wit: To install a temporary traffic control signal with street lights on TH 5 at Wallace Road; Remove the existing traffic control signal, install and remove a temporary traffic control signal with street lights, and install a permanent traffic control signal with street lights and signing on TH 5 at CSAH 60 (Mitchell Road) in accordance with the terms and conditions set forth and contained in said Agreement Number 64088. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute said agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on June 16, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk BRW Copy sty Copy CONTRACT AMENDMENT NO. 5 Contractor Copy TO CONSTRUCTION CONTRACT FOR inroEctor Copy IC #52-035, ANDERSON LAKES PARKWAY TN 169 TO MITCHELL ROAD CITY OF EDEN PRAIRIE, MINNESOTA June, 1987 BENNETT-RINGROSE-WOLSFELD-JARVIS-GARDNER, INC. 700 Third Street South Minneapolis, MN 55415 The following work shall be added by contract amendment to this project. CHESTNUT DRIVE, REPAIRS AND ADDITIONS ADDITIONS Estimated Unit Item No. Item Unit Quantity Price Amount 1 Remove and Replace 8618 L.F. 63 $ 8.60 $ 541.80 Curb and Gutter 2. Remove and Replace 5" S.F. 149 $ 6.00 $ 894.00 Concrete Walk 3. Remove and Replace 7" S.F. 133 $ 7.50 $ 997.50 Concrete Driveway Apron 4. Remove and Replace 2331 Ton 30.1 $ 40.00 $1,204.00 Bituminous Base Placed 5. Remove and Replace C.Y. 8.93 $ 22.30 $ 199.14 Aggregate Base Placed 6. Sandblast and Seal(hotpour) L.F. 1,045 $ 1.45 $1,515.25 Curb-Sidewalk Joint TOTAL ADDITIONS $5,351.69 Page 1 of 2 . 4 /;:.�c Necessity For Amendment Items 1 - 5: Cracking and settlements in curb, sidewalks and driveways is attributed to wet and weak subgrade at time of placement and/or driving over same with heavy equipment before concrete suf- ficiently cured. Subgrade was graded and built by Developer's Grading Contractor, along with site work for Parkway Apartments. Heavy equipment traffic was for construction of site and buildings for Parkway Apartments, which was done concurrently with street construction under wet soil conditions. Cost of necessary repair work as detailed here has been deemed chargeable to the Developer as part of the assessable project cost. Breakdown of quantities based upon repair item list of.May 12, 1987, by BRW. All other repairs in same list to be at the expense of R. Knutson Construction Company. Item 6: Original walk was bid on basis of a sod boulevard between the walk and curb. Plan location was changed at Developer's request, to be adjacent to back of curb, due to poor soils in the plan location. Joint cleaning and sealing is needed to stop water presently entering the joint and saturating the rock base and subgrade along the curb. This is an extra expense not shown in original plan, and not in original bid conditions. ORIGINAL CONTRACT AMOUNT $1,922,270.18 TOTAL PREVIOUS CONTRACT AMENDMENTS $ 321,264.54 f SUBTOTAL $2,243,534.72 L TOTAL ADDITIONS CONTRACT AMENDMENT #5 $ 5,351.69 CONTRACT AMOUNT TO DATE $2,248,886.41 CONTRACTOR Richard Knutson, Inc. .,�?Lr/� Title Date �X , y /f7 ,' ' ENGINEER \ ttt/// i.� Bennett-Riinngros�e-Wolsfeld-Jarvis-Gardner, Inc. .„„e s Title /Ri 3"4'GMotial Date 6/Z/87 EOEN PRAIRIE City Engineer Date Page 2 of 2 ✓' MEMORANDUM TO: Mayor and City Council THROUGH: City Manager Carl J. Jul lie FROM: Assistant to the City Manager Craig Dawson° SUBJECT: Final Agreement with Independent School District No. 272 for Lease of Old City Hall DATE: June 11, 1987 Negotiations with the staff of I.S.D. No. 272 for its lease of old City Hall concluded last week and resulted in the proposed agreement which appears on the following pages. The Board of I.S.D. No. 272 authorized execution of the agreement on June 4, 1987. City Council gave conceptual approval to the agreement at its May 5, 1987 meeting. Two changes are reflected in the proposed final agreement: 1) The issue of liability coverage between the parties would be accomplished by mutual indemnification and hold harmless provisions. A corrected page to the attached agreement will be delivered at the Council meeting to accomplish this. 2) The term of payment for remodelling improvements would be lengthened frc:* three years to five years and coincide with the five-year term of the lease. The City Attorney's Office has drafted the lease and finds its satis- factory. RECDMMENDATION: It is recommended that the City Council approve and authorize the Mayor and City Manager to execute the agreement with I.S.D. No. 272. LEASE AGREEMENT ir THIS LEASE AGREEMENT, (hereinafter called the "Lease"), made as of , 1987, by and between the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota having offices at 7600 Executive Drive, Eden Prairie, Minnesota 55344, (hereinafter called the "Landlord"), and Independent School District No. 272, a public school corporation under the laws of the State of Minnesota, having offices at 8100 School Road, Eden Prairie, Minnesota 55344 (hereinafter called the "Tenant"). WITNESSETH FOR AND IN CONSIDERATION of the mutual covenants and agreements hereinafter contained, Landlord does hereby lease and let unto Tenant, and Tenant does hereby hire, lease and take from Landlord, and by this reference incorporated herein, and described as part of the Eden Prairie Old City Hall, consisting of approximately 4,800 square feet of rentable area, (hereinafter called the "Premises"), at 8950 Eden Prairie Road, (hereinafter called the "Building"), in the City of Eden Prairie, County of Hennepin, State of Minnesota. DEFINITIONS (a) BUILDING: Shall mean the structure located on the land at 8950 Eden Prairie Road, Eden Prairie, Minnesota 55344; (b) LAND: Shall mean that property located in the City of Eden Prairie, County of Hennepin, State of Minnesota, legally described as follows: (See Exhibit A attached hereto and incorporated herein by this reference) (c) PREMISES: Shall mean that specific part of the Building that is being leased to the Tenant, consisting of approximately 4,800 square feet, more commonly referred • to as the upper level, and the old council room. An illustration of the Premises is attached hereto as Exhibit B. ARTICLE 1 - TERM To have and to hold said Premises for a term of five (5) years, commencing on August 1, 1987, and terminating on July 31, 1992, (hereinafter called the "Term"), upon the rentals and subject to the conditions set forth in this Lease Agreement and the Exhibits attached hereto. -1- /15.'t. ARTICLE 2 - USE The Premises shall be used by the Tenant solely for the fol- lowing purposes: Public Education services to be under the auspices of Independent School District No. 272; community education services, including, but not limited to, adult literacy classes; and as a family or community center. ARTICLE 3 - RENT Tenant agrees to pay Landlord as rent, (hereinafter called "Rent"), for the Premises, without set-off, notice or demand, the following sums: For the Period , 1987 - , 1988 $20,160.00 For the Period , 1988 - , 1989 $20,765.00 For the Period , 1989 - , 1990 $21,390.00 For the Period , 1990 - , 1991 $22,030.00 For the Period , 1991 - , 1992 $22,690.00 Tenant shall pay the Rent to the Landlord in equal semi-annual installments. Said installments to be due and payable by the Tenant at the office of Landlord set forth in the preamble to this Lease or at such other place as Landlord may designate. Tenant's obligation to pay Rent shall commence August 1, 1987, or ( on the first day of Tenant's possession of the Premises, if such possession is taken at a later date. Tenant shall pay to Landlord, as "additional rent," all amounts expended by Landlord to remodel the Premises. The "additional rent" shall be paid in the same manner as the base rent: in semi-annual installments, payable over a period of five (5) years, and the first installment shall be due and payable on the same date that the obligation to pay the base rent commences. The specific amount of the "additional rent" and the installment payments thereof shall be determined by Landlord and Tenant at some later date when the specific remodeling costs are determined. Any such determination shall be reduced to writing and attached to and fully incorporated into this Lease Agreement. ARTICLE 4 - UTILITIES, SERVICE AND CARE OF THE PREMISES A. Landlord shall pay for all utilities of the Building, but Tenant shall reimburse Landlord for fifty percent (50%) of the costs of water, electricity, and all other utilities commencing on the first day of possession of the Premises as provided under this Lease. -2- B. Tenant shall furnish and assume all costs of telephone services installed and used within the Premises. In addition, Tenant shall pay the telephone company promptly all telephone installation and services charged to the Premises when such charges become due. C. Tenant shall furnish and assume all costs of janitorial services necessary to maintain the Building in a clean and healthy environment. Janitorial services shall include but not be limited to day-to-day maintenance. Day-to-day maintenance shall include all work as: removal of daily trash accumulation, daily cleaning of lavatories and kitchens, sweeping and periodic waxing or vacuuming of floor surfaces, periodic cleaning of walls, ceilings and windows, and interior painting as necessary. Landlord shall reimburse Tenant for twenty percent (20%) of the cost of said janitorial services provided by Tenant. D. Tenant shall make all repairs necessary to maintain and keep the Premises in good condition, except that Landlord shall be responsible for all repair work involving the roof of the Building, the exterior of the Building, the boiler, heating and ventilation system of the Building, and other mechanical equipment pertinent to the operation of the Building, and except that Landlord shall be responsible for repair work on any single item that exceeds in cost a value of Five Thousand Dollars ($5,000.00). E. Landlord shall furnish heat and ventilation to the Building during the usual heating season. Tenant shall be responsible for reimbursing Landlord for fifty percent (50%) of the costs of all heat, whether gas or electric, provided for the Building, commencing on Tenant's first day of possession of the Premises as provided under this Lease. F. Tenant shall refrain from all of the following activities: committing any nuisance or waste on the Premises; overloading the electrical, water and/or plumbing facilities in the Premises or Building; throwing foreign substances into plumbing facilities; and wasting any of the utilities furnished by Landlord. G. Tenant shall make all improvements to said Premises as required by the Uniform Building Code and any state statutes or local ordinances which become necessary as a result of Tenant's particular type of occupancy of said Premises. Tenant shall bear all costs and expenses in making such improvements upon the Premises. H. If Tenant fails to keep and preserve the Premises in good condition as required by the provisions of this Article, Landlord may, at its option, after having provided Tenant with adequate written notice to make the specified improvement, put or -3- cause the same to be put into the good condition and state of repair agreed upon, and in such case the Tenant, on demand, shall pay the cost thereof. I. Landlord shall be responsible for the following activities: snow removal; trimming and fertilization of grass and shrubbery; replacement of exterior windows; exterior painting; and removal of trash from the exterior of the Building. In addition, Landlord shall comply with any requirements of a life-safety code as specified in federal, state. or local laws. J. Temporary interruption or failure of utilities and services incidental to the making of repairs, alterations or improvements, or due to accidents or strike or conditions or events not under Landlord's control, shall not be deemed to be an eviction of the Tenant and shall not relieve the Tenant from any of the Tenant's obligations hereunder. ARTICLE 5 - UNLAWFUL USE Tenant shall use the Premises only for the purposes set forth in Article 2 hereof and agrees not to commit or permit any act to be performed on the Premises or any omission to occur which shall be in violation of any statute, regulation or ordinance of any governmental body. ARTICLE 6 - INSPECTION Landlord or any authorized representative, employee or agent shall have the right, without any diminution of Rent or other charges payable hereunder by Tenant, to enter the Premises at all reasonable times for the purposes of exhibiting the Premises to prospective tenants or purchasers, inspection, cleaning, repairing, altering or improving the same or said Building, but nothing contained in this Article shall be considered so as to impose any obligation on the Landlord to make any repairs, alterations, or improvements. The Landlord shall not in any event be liable for inconvenience, annoyance, disturbance, loss of business or other damage to Tenant. ARTICLE 7 - ALTERATIONS Tenant agrees to obtain written approval from the Landlord prior to making any permanent alterations or additions to the Premises. Such consent shall not be unreasonably withheld. In giving such consent to Tenant, Landlord shall have the right to determine whether or not Tenant shall be obligated to remove the alteration or addition at the conclusion of the Lease and restore the Premises to their prior condition. All alterations, additions and fixtures, which have been made or installed by Tenant upon the Premises and which are not required by the terms of the consent under which they are initi- -4- ated to be removed at the conclusion of the Lease, shall remain as Landlord's property and shall be surrendered with the Premises as a part thereof. ARTICLE 8 - SIGNS Tenant shall cause or allow no signs or other advertising materials to be erected, attached or affixed to any portion of the exterior of the Premises or the Building without the express prior written consent of the Landlord. Such consent will not be unreasonably withheld. ARTICLE 9 - PARKING AREAS In addition to use of the Premises, Tenant shall have the right to use the unrestricted automobile parking areas, driveways and walkways. Tenant agrees to use its best efforts to prevent the use by its employees, visitors or invitees of the parking areas for overnight storage of automobiles or other vehicles. ARTICLE 10 - LOSS BY CASUALTY The Tenant covenants and agrees that in case of damage or destruction of the Premises by fire or other casualty, the Tenant will promptly give written notice thereof to the Landlord. If the Building is rendered untenantable by fire or other casualty, this Lease shall terminate forthwith and any prepayment of Rent shall be returned pro rata. Provided, however, that if the Premises can be repaired within One Hundred Twenty (120) days from the date of such fire or other casualty, then Landlord shall have the option of determining that the Lease shall remain in full effect. In such event, Rent for the.Period during which the Premises are untenantable shall be abated pro rata. Landlord shall, by written notice mailed to Tenant within Twenty (20) days after such damage or destruction, advise Tenant as to whether the Lease is to be terminated or is to remain in full effect. ARTICLE 11 - MAJOR STRUCTURAL OR EQUIPMENT FAILURE In the event that an essential major structural component or an essential major operating equipment or system, under circumstances to which Article 10 does not apply, should so fail or deteriorate during the Term so as to require a major capital expenditure in excess of $200,000.00, Landlord at its option, and upon Thirty (30) days notice, may terminate this Lease as of a specified date, and Rent shall abate and be adjusted to such termination date, or to the last date upon which the leased Premises were usable before the occurrence or discovery of such failure, whichever date shall be earlier. -5- ARTICLE 12 - EMINENT DOMAIN If the entire Building is taken by any authority under the power of eminent domain, this Lease shall automatically terminate as of the date of taking. If a portion of the Building is taken under power of eminent domain, Landlord shall have the right to terminate this Lease, upon giving written notice thereof to Tenant within ninety (90) days after the date of taking. If a portion of the Premises is taken by eminent domain and this Lease is not terminated by Landlord, Landlord shall, at its expense, restore the Premises to as near the condition as existed immediately prior to the date of taking as reasonably possible, and the ren- tals shall abate during such period of time as the Premises are untenantable, in the proportion that the untenantable portion of the Premises bears to the entire Premises. All damages awarded for such taking under the power of eminent domain shall belong to and be the sole property of Landlord, irrespective of the basis upon which they are awarded. ARTICLE 13 - SURRENDER On the last day of the Term of this Lease or the sooner termination in accordance with the terms thereof, Tenant shall peaceably surrender the Premises in good condition and repair consistent with Tenant's duty to make repairs as provided in Article 4 and Article 7 hereof. On or before said last day, Tenant shall at its expense remove all of its equipment from the Premises, repairing any damage caused thereby. Any property not removed shall be deemed abandoned. All alterations and additions which Tenant is obligated to remove pursuant to Article 7 herein and all fixtures installed by Tenant upon the Premises shall be removed by Tenant and Tenant shall, at its own expense, repair any damage caused by such removal. If the Premises are not surrendered at the end of the Term or the sooner termination thereof, Tenant shall be liable to landlord for loss or liability resulting from delay by Tenant in so surrendering the Premises, including without limitation, claims made by any succeeding tenant founded on such delay. Tenant shall promptly surrender all keys for the Premises to Landlord at the place then fixed for payment of rent and shall inform Landlord of combinations on any locks and safes on the Premises. Landlord shall not be liable for loss or damage to Tenant's equipment left on the Premises after the term of this Lease expires. ARTICLE 14 - NON-PAYMENT OF RENT; DEFAULTS If any one or more of the following occurs: (1) a Rent payment or any other payment due from tenant to Landlord shall be and remain unpaid in whole or in part for more than Forty-five (45) days after same is due and payable; (2) Tenant shall violate or default on any of the other covenants, agreements, stipule- • -6- .A tions or conditions herein, and such violation or default shall continue for a period of Sixty (60) days after written notice from Landlord of such violation or default; or (3) if Tenant shall commence or there have been commenced against Tenant pro- ceedings under a bankruptcy, receivership, insolvency or similar type action, then it shall be optional for Landlord to declare this Lease Agreement forfeited and the Term ended, and to re- enter the Premises with or without process of law, using such force as may be necessary to remove all persons or chattels therefrom, and Landlord shall not be liable for damages by reason for such re-entry or forfeiture. In such event, Tenant shall be responsible for, in addition to the rentals and other sums agreed to be paid hereunder, such additional sums as the Court may adjudicate as reasonable attor- neys' fees in any suit or action instituted by Landlord to enforce the provisions of this Lease, or the collection of the rentals due Landlord hereunder. Tenant shall also be liable to Landlord for the payment of interest at the highest permissible rate of interest allowed under the usury statutes of the State of Minnesota, or in case no such maximum rate of interest is pro- vided, at the rate of 12% per annum, on all rents and other sums due Landlord hereunder not paid within ten (10) days from the date same became due and payable. ARTICLE 15 - LANDLORD'S DEFAULT Landlord shall be in default if Landlord fails to perform the obligations required of Landlord within a reasonable time, but in no event later than Sixty (60) days after written notice by Tenant to Landlord, specifying wherein Landlord has failed to perform such obligations provided, however, that if the nature of Landlord's obligation is such that more than Sixty (60) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such Sixty (60) day period and thereafter diligently prosecutes the same to completion. ARTICLE 16 - HOLDING OVER In the event Tenant remains in possession of the premises herein after the expiration of the Term of this Lease Agreement and without the execution of a new lease, it shall be deemed to be occupying said Premises as a tenant from month-to-month only, subject to all the conditions, provisions and obligations of this Lease Agreement insofar as the same can be applicable to a month- to-month tenancy. ARTICLE 17 - INSURANCE The Tenant, at the Tenant's sole cost and expense, shall maintain for the mut'ial benefit of the Landlord and the Tenant, general public liability insurance against claims for personal -7- injury, death or property damage occurring upon, in or about the Premises, and on, in or about the adjoining streets, parking lot and passageways, if any. If Tenant uses, handles or stores hazardous chemicals, or uses, generates, stores or disposes of hazardous substances or wastes, Tenant's insurance requirements hereunder shall include coverage sufficient to protect against any and all liability for said use, handling, generation, storage or disposal, including, without limitation, coverage which does not exclude liability for environmental incidences or events. Such insurance shall afford protection in a combined single limit of not less than $500,000.00. Tenant shall at all times during the term of this Lease and so long as it remains in possession of the Leased Premises, at its own expense, carry insurance upon all of the appurtenances, machinery, fixtures, equipment, and all other goods and contents therein, including articles of personal property, in amounts equal to the insurable value thereof. Tenant hereby waives any claim it might have against Landlord for loss or damage caused to it by Landlord in connection with Tenant's occupancy of the premises and storage of equipment, goods and all other contents therein, to the extent that Tenant is fully compensated for such loss or damage by actual receipt of proceeds from insurance policies coverage of such loss or damage. All policies of insurance shall be in form and substance satisfactory to the Landlord, shall be written with companies satisfactory to the Landlord, in amounts satisfactory to the Landlord, and shall provide for at least thirty 00) days notice to Landlord prior to cancellation. Such policies or certificates thereof shall be delivered to Landlord prior to commencement of the Lease term; and evidence of any renewal of such insurance shall be delivered to Landlord not less than thirty (30) days prior to the expiration of the term of such coverage. The Tenant covenants that it will not do or permit to be done, nor keep or permit to be kept, upon the premises anything that will contravene the policy or policies of insurance against loss by fire or other causes, or which will increase the rate of fire or other insurance on the building or the premises beyond the rate chargeable at the commencement of this Lease. Should any act of the Tenants so increase said rate, then, in addition to the rentals herein above provided for, the Tenant shall be liable for such additional premium, which shall be payable when billed as additional rent. Tenant covenants that under no cir- cumstances will it keep or permit to be kept, do or permit to be done, in or about said premises, anything of a character so hazardous as to render it difficult, impracticable or impossible to secure such insurance from companies acceptable to the Landlord, and further, immediately upon notice, to remove from the premises and/or to desist from any practice deemed by the insurance companies or the Association of Fire Underwriters as so affecting the insurance risk. -8- I Landlord shall maintain a policy of property damage insurance during the entire term of this Lease Agreement. ARTICLE 18 - SECURITY Tenant shall be responsible for the security and safeguarding of the Premises and all property kept, stored or maintained in or on the Premises. Tenant represents that it is satisfied with the security of said Building and Premises for the protection of any property which may be owned, held, stored or otherwise caused or permitted by Tenant to be held, stored or otherwise caused or permitted by Tenant to be present upon the Premises. The placement and suf- ficiency of all safes, vaults, cash or security drawers, cabinets or the like placed upon the Premises by Tenant shall be at the sole responsibility and risk of Tenant. Tenant shall maintain in force throughout the Term, insurance upon all contents of the Premises. ARTICLE 19 - CONDITION OF THE PREMISES Tenant acknowledges that it has had adequate opportunity to inspect the Premises, the Building and the surrounding grounds, and that it accepts the same in their present condition, without any duty upon the Landlord to improve, alter or replace any por- tions thereof. Tenant acknowledges that Landlord has made no representation with respect to the suitability of the Premises, Building or surrounding grounds for Tenant's intended purposes. Tenant represents that it is satisfied that the construction of the Building and the Premises, including the floors, walls, windows, doors and means of access thereto, and the same are suitable for the particular needs of Tenant's business and use of said premises. ARTICLE 20 - NOTICES All notices from Tenant to Landlord required or permitted by any provisions of this Lease shall be directed to Landlord, postage prepaid, certified or registered mail, at the the following address: The City of Eden Prairie 7600 Executive Drive Eden Prairie, Minnesota 55344-2499 -9- or at such other address as Tenant shall be advised to use by It Landlord by written notice. All notices from Landlord to Tenant required or permitted by any provision of this Lease shall be directed to Tenant, postage prepaid, certified or registered mail, at the following address: Independent School District #272 8100 School Road Eden Prairie, Minnesota 55344 or at such other address of which Tenant shall advise the Landlord in writing. ARTICLE 21 - APPLICABLE LAW This Lease, including all provisions herein, shall be construed under the laws of the State of Minnesota. ARTICLE 22 - BROKERAGE Each of the parties represents and warrants that there are no claims for brokerage commissions or finder's fees in connection with this Lease and agrees to indemnify the other against, and hold it harmless from, all liabilities arising from any such claim, including without limitation, the cost of attorney's fees in connection therewith. ARTICLE 23 - ASSIGNMENT AND SUBLETTING Tenant acknowledges that Landlord, in making this Lease, is relying upon the particular credit, reputation and experience of Tenant, therefore neither this Lease nor any interest thereunder may be assigned, nor may Tenant sublet or license any part of the Premises, whether by voluntary act, operation of law, or other- wise. Landlord shall have no obligation to recognize any such purported assignment, subletting or license. The acceptance of Rent by Landlord from any other person than Tenant shall not be deemed to be a waiver by Landlord of this paragraph. In the event that the Landlord consents to an assignment or sublease by the Tenant, no such assignment or sublease shall relieve the Tenant of its obligations hereunder and the Tenant shall continue to be liable as a principal, not as a guarantor or surety, to the same extent as though no assignment or sublease had been made. The Tenant shall reimburse the Landlord for any and all costs or expenses incurred pursuant to any request by the Tenant for consent to any such assignment or subletting. ARTICLE 24 - REPAIR OF DAMAGED PROPERTY If the Premises, Building or grounds upon which the Building is situated are damaged as a result of Tenant's negligence or the negligence of Tenant's employees, agents, students or invitees, -10- Tenant shall repair the damage or be responsible for the cost of repairing the damage, whether or not Landlord repairs said damage. ARTICLE 25 - VANDALISM If the Premises or Building, or grounds upon which the Building is situated are damaged by vandalism occurring during Tenant's occupation of the building, Tenant agrees to repair such damages and bear all expenses of doing so, subject to the $5,000.00 limitation established in Article 4 (D) herein. In the event that the Tenant fails to repair any such damages within thirty (30) days of the same, the Landlord may repair any damages by vandalism and shall be reimbursed by the Tenant in full upon demand. The Landlord's obligation to repair vandalism to the premises or to the building shall be subject to the limitation established in Article 11 herein. Landlord will maintain a policy of property insurance that provides for coverage against vandalism. ARTICLE 26 - INDEMNIFICATION The Tenant agrees to indemnify and save harmless the Landlord against and from any and all claims by or on behalf of any persons, firms or corporations arising from any breach or default on the part of the Tenant in the performance of any covenant cr agreement on the part of the Tenant to be performed pursuant to the terms of this Lease, or arising from any act or negligence of the Tenant, or any of its agents, contractors, servants, employees or licensees, and from and against all costs, counsel fees, expenses and liabilities incurred in connection with any such claim or action or proceeding brought thereon. In case any such action or proceeding be brought against the Landlord by reason of any such claim, the Tenant, upon notice from the Landlord, covenants to resist or defend such action or proceeding. The Tenant covenants and agrees to pay, and to indemnify the Landlord against all legal costs and charges, including counsel fees incurred in obtaining possession of the Premises after default by the Tenant or upon expiration or earlier termination of the term of this Lease or in enforcing any covenant or agreement of the Tenant herein contained, or in the defense of any suit arising out of the occupancy or operation of the Premises by the Tenant, provided the Landlord is awarded a judgment. The Tenant agrees to indemnify and save harmless the Landlord against and from all claims by or on behalf of any persons arising from any loss, theft or damage to vehicles or the contents thereof, parked or left in the parking areas of the Building. -11- ARTICLE 27 - ATTORNEYS' FEES The Tenant covenants and agrees to pay Landlord all legal costs and charges, including counsel fees incurred in obtaining possession of the Premises after default by the Tenant or upon expiration or earlier termination of the term of this Lease or in enforcing any covenant or agreement of the Tenant herein con- tained, or in the defense of any suit arising out of the occu- pancy or operation of the Premises by the Tenant, provided the Landlord is awarded a judgment. ARTICLE 28 - RENEWAL TERM Before December 31, 1991, either party may inform the other party of its intent to terminate the Lease as of July 31, 1992, or alternatively, its desire to extend the Lease for an addi- tional period. In the event that both parties intend to extend the Lease, such extension beyond July 31, 1992, shall only be upon terms and conditions satisfactory to both parties. If the parties can not reach a mutually satisfactory agreement concern- ing the terms and conditions of the Lease extension by February 28, 1992, it is agreed that Tenant will vacate the Premises at the end of the term of this Lease and that the Lease will then terminate. t ARTICLE 29 - LANDLORD'S OPTION TO TERMINATE 4 Upon not less than eighteen (18) months written notice to Tenant, Landlord may terminate this Lease at the end of, but not prior to the third or fourth Lease year for the purpose of reopening the Building for municipal functions or for demolition of the Building. In the event the City of Eden Prairie elects to terminate this Lease in accordance with this Article, such termination will constitute a waiver and cancellation of any and all rights of the Landlord to receive payment or contribution from Tenant for rent and additional rent otherwise due thereafter. ARTICLE 30 - GENERAL This Lease does not create the relationship of principal and agent or of partnership or of joint venture or of any association between Landlord and Tenant, the sole relationship between Landlord and Tenant being that of landlord and tenant. No waiver of any default of Tenant hereunder shall be implied from any omission by Landlord to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. Each term and each provision of this Lease performable by Tenant shall be construed to be both a covenant and a condition. The marginal or topical headings of -12- the several Articles, paragraphs and clauses are for convenience only and do not define, limit, or construe the contents of such ® Articles, paragraphs or clauses. All preliminary negotiations are merged into and incorporated in this Lease. This Lease can only be modified or amended by an agreement in writing signed by the parties hereto. All provision hereof shall be binding upon the heirs, successors and assigns of each party hereto. Tenant Landlord INDEPENDENT SCHOOL DISTRICT THE CITY OF EDEN PRAIRIE NO. 272 A MUNICIPAL CORPORATION By: By: Its Its AND AND Its Its DATE: DATE: Tenant's Address: Landlord's Address: k • STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1987, by Gary D. Peterson, the Mayor, and Carl J. Jullie, the City Manager, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public -13- STATE OF MINNESOTA ) COUNTY OF HENNEPIN )) SS. The foregoing instrument was acknowledged before me this day of , 1987, by , the , and the of Independent School District No. 272, a Minnesota public school corporation, on behalf of said corporation. Notary Public • -14- CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-158 A RESOLUTION APPROVING FINAL PLAT OF CARDINAL RIDGE WHEREAS, the plat of CARDINAL RIDGE has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for CARDINAL RIDGE is approved upon compliance with the recommendation of the City Engineer's report on this plat dated JUNE 8, 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 I6, 1987. 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 Jullie, City Manager Man D. Gray, City Engineer FROM: David L. Olson, Senior Engineering Technician 5ard) DATE: June 8, 1987 SUBJECT: CARDINAL RIDGE PROPOSAL: Countryside, Inc. has requested City Council approval of the Final Plat of Cardinal Ridge located east of Baker Road and northwest of Cardinal Hills in the North 1/2 of Section 3. This plat will contain 40 single family residential lots from 23.10 acres. No outlots are proposed in this platting. HISTORY: The Preliminary Plat was approved by the City Council on April 21, 1987 per Resolution 87-B9. Zoning to R1-13.5 was finally read and approved by the Council on May 5, 1987 per Ordinance 16-87-PUD-3-87. The Developer's Agreement referred to within this report was executed on May 5, 1987. VARIANCES: Setback variances allowed are explained in item 15 of the Developer's Agreement. All other variance requests must be processed through the 8oard of Appeals. UTILITIES AND STREETS: Municipal utilities, streets and walkways will be installed within the plat by the Developer in conformance with City Standards. Mans for these improvements must be reviewed and approved by the City Engineer prior to release of the plat. Street names have not been properly shown on the submitted plat. All street name requests must be submitted to and approved by the City Engineer prior to release of the plat. BONDING: 8onding shall conform to the requirements of the Developer's Agreement and the City Code. Bonding requirements must be satisfied prior to release of the plat. PARK DEDICATION: Park dedication shall conform to City Code requirements. PAGE 2 CARDINAL RIDGE JUNE 8, I987 Covenants covering grading of certain lots are described in the Developer's Agreement. These covenants are to be recorded prior to the issuance of building permits. RECOMMENDATION: Recommend approval of the Final Plat of Cardinal Ridge subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street sign fee in the amount of $816.00. 2. Receipt of street lighting fee in the amount of $4,916.00. 3. Receipt of engineering fee in the amount of $1,600.00. 4. Approval of plans for municipal improvements. 5. Revision of street names. 6. Satisfaction of bonding requirements. 7. Receipt of title opinion as required through Exhibit C, Item 4 of the Developer's Agreement. DLD:ss • 2 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION ND. 87-159 A RESOLUTION APPROVING FINAL PLAT OF EIDE KNOLLS WHEREAS, the plat of EIDE KNOLLS has been submitted in a manner required for plathetMinn the tin land under e Prairie Ordinance C a under esota Statutesandallproceedingshavebeendulyhad 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 DF THE CITY OF EDEN PRAIRIE: A. Plat approval request for EIDE KNOLLS is approved upon compliance with the recommendation of the City Engineer's report on this plat dated JUNE 8, 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 16, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk IrL CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor and City Council Members THROUGH: Carl Jullie, City Manager Alan D. Gray, City Engineer FROM: David L. Olson, Senior Engineering Technician c.),,ed DATE: June 8, 1987 SUBJECT: EIDE KNOLLS PROPOSAL: Orris Eide has requested City Council approval of the Final Plat of Eide Knolls a single family residential plat located south of Valley View Road, west of The Meadows and east of Westgate Addition in the South 1/2 of Section 9. This platting will create four (4) single family lots from approximately 2 acres. HISTORY: The Preliminary Plat was approved by the City Council on November 18, 1981 per Ordinance 80-29. Zoning to R1-13.5 was finally read and approved by the City Council on March 3, 1981 per Ordinance 80-29. The Oeveloper's agreement referred to this within report was executed on March 3, 1981. VARIANCES: A variance from the requirements City Code 12.20 Subd.2.A waiving the six-month maximum time elapse between the approval date of the Preliminary Plat and recording of the Final Plat will be necessary. All other variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities, streets and walkways will be installed within the plat by the Developer in conformance with City Standards. Additional easements, to accomodate necessary storm sewer and walkways, must be shown on the Final Plat to release. 3ONDING: Bonding for municipal improvements shall conform to City Code requirements and be provided prior to release of the plat. PARK DEDICATION: Park dedication shall conform to City Code requirements. 1 PAGE 2 EIDE KNOLLS JUNE 8, 1987 RECOMMENDATION: Recommend approval of the Final Plat of Eide Knolls subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street sign fee in the amount of $374.00. 2. Receipt of street lighting fee in the amount of $460.00. 3. Receipt of engineering fee in the amount of $250.00. 4. Revision of drainage and utility easement between Lots 3 and 4. 5. Satisfaction of bonding requirements. DLO:ss cc: Orris O. Eide Randy Stern, Ron Krueger & Assoc. 7 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-161 A RESOLUTION APPROVING FINAL PLAT OF WELTER PURGATORY ACRES 4TH ADDITION WHEREAS, the plat of WELTER PURGATORY ACRES 4TH ADDITION has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for WELTER PURGATORY ACRES 4TH ADDITION is approved upon compliance with the recommendation of the City Engineer's report on this plat dated JUNE 8, 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 16, 19B7. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor and City Council Members THROUGH: Carl Jullie, City Manager Alan D. Gray, City Engineer FROM: David L. Olson, Senior Engineering Technician DATE: June 9, 1987 SU8JECT: WELTER PURGATORY ACRES 4TH ADDITION PROPOSAL: Crow-Chasewood has requested City Council approval of the Final Plat of Welter Purgatory Acres 4th Addition, a replat of Lot 1, 81ock 3 Welter Purgatory Acres 1st Addition located in North 1/2 of Section 26. Due to a pending sale of the parcel, this property was previously platted as one lot. The Preliminary Plat authorized two lots to be platted, both conforming to City Code standards. HISTORY: The Preliminary Plat was approved by the City Council on December 2, 1986 per Resolution 86-291. Zoning to R1-I3.5 was finally read and approved by the Council on January 20, 1987 per Ordinance 57-86. The Developer's Agreement referred to within this report was executed on January 20, 1987. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: Municipal utilities, streets and walkways necessary to serve this site are being installed by the Developer concurrent with construction of the 1st Addition. PARK DEDICATION: Park dedication shall conform to the requirements of the City Code and Developer's Agreement. BONDING: Bonding for this plat is satisfied through the 1st Addition. RECOMMENDATION: Recommend approval of the Final Plat of Welter Purgatory Acres 4th Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of engineering fee in the amount of $250.00. DLO:ss cc: T.C.R. J.R. Hill CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-162 A RESOLUTION APPROVING FINAL PLAT OF BRODY ADDITION WHEREAS, the plat of BRODY ADDITION has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for BRODY ADDITION is approved upon compliance with the recommendation of the City Engineer's report on this plat dated JUNE 9, 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 16, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 1 �hv CITY OF EDEN PRAIRIE ENGINEERING RPEORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician DATE: June 9, 1987 SUBJECT: BRODY ADDITION PROPOSAL: The Developer, Norman Brody, has requested City Council approval of the Final Plat of Brody Addition. Located west of Glen Lane and east of Eden Road in the North 1/2 of Section 14, the site contains 6.42 acres to be platted into one lot for commercial use. HISTORY: Zoning to planned unit development 4-87-Commercial-Regional-Service District was finally read and approved by the City Council June 2, 1987, per Ordinance No. 18-87-PUD-4-87. The Preliminary Plat was approved by the City Council May 5, 1987, per Resolution 87-1D4. The Developer's Agreement referred to within this report was executed June 2, 1987. VARIANCES: All variance requests must be approved by the Board of Appeals. PARK DEDICATION: The requirements of park dedication are covered in the Developer's Agreement and shall conform to City Code. BONDING: Bonding shall conform to City Code requirements. UTILITIES AND STREETS: All municipal streets and utilities necessary to serve this site are in place. RECOMMENDATION: Recommend approval of the Final Plat of Brody Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of engineering fee of $642.00. JJ:ss cc: Norman Brody • LaVonne Industrial Park II CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • ORDINANCE NO. 21-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING ORDINANCE #192, 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 Ordinance #135 be amended by adding the following: "Section 2. That the terms and conditions of that certain Developer's Agreement for Norman Industrial Park between Norman L. Undestad and the City of Eden Prairie dated February 15, 1983, and the Supplement to Developer's Agreement for LaVonne Industrial Park II between LaVonne Industrial Park Partnership and the City of Eden Prairie, dated June 16, 1987, shall apply. Section 3. 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 4. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on May 19, 1987, and finally read and adopted and ordered published at a ' regular meeting of the City Council of said City on the 16th day of June, 1987. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of r Exhibit A Legal Description--LaVonne Industrial Park II Lot 1, Block 2, LaVonne Industrial Park, Hennepin County, Minnesota. LaVonne Industrial Park II SUPPLEMENT TO DEVELOPER'S AGREEMENT This Supplement to Developer's Agreement made and entered into as of this day of , 1987, by and between LaVonne Industrial Park Partnership, a Minnesota general partnership, transferees of the property as described in the developer's agreement between Norman L. Undestad and the City of Eden Prairie, for Norman Industrial Park, AKA LaVonne Industrial Park, dated February 15, 1983, and the City of Eden Prairie, a municipal corporation, hereinafter referred to as "City;" WHEREAS, Norman L. Undestad and City made and entered into a Developer's Agreement, dated February 15, 1983, for Norman Industrial Park, AKA LaVonne Industrial Park (the "Developer's Agreement") and LaVonne Industrial Park Partnership has succeeded to all of the rights and interests in the lands included within Norman Industrial Park, AKA LaVonne Industrial Park, previously owned by Norman L. Undestad; and, WHEREAS, the parties desire to amend said agreement for a portion of the property referred to in said agreement, that portion of the property being as described in Exhibit A, attached hereto and made a part hereof; NOW, THEREFORE, it is agreed by and between the parties thereto as follows: 1. The Developer's Agreement shall be and hereby is supplemented and amended in the following respects: A. Paragraph 1. shall be amended to read as follows: Owner shall develop the property in conformance with the revised material dated May 7 1987, reviewed and approved as amended by the City Council on May 19, 1987, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. ( B. There shall be added paragraphs 6. - 10. as follows: l 6. Prior to issuance of any building permit on the property, Developer shall submit to the City Engineer, and receive the City Engineer's approval of the plans for sanitary sewer, water main, storm sewer, erosion control, and drainage on the property. 7. Prior to issuance of any building permit on the property, Developer shall submit to the Director of Planning, and obtain the Director's approval of revised plans indicating the following: a. Locations and design and material details for the signage for truck traffic routing signs directing trucks to Carlson Drive, only, for trucks leaving the property. b. Design and material details, including color of materials, to be used for the exterior of the structure. c. Design and material details for the screening of all mechanical equipment, including construction methods for said screening. d. Design and material details for the signage on the property. e. Design and material details for the lighting on the property. The lighting standards for the property shall be a maximum of 20 ft. in height, using downcast, cut-off luminars. 8. Developer shall notify the City and Watershed District at least 48 hours prior to grading on the property. 9. Developer agrees to prepare and execute a perpetual cross- access easement for the truck traffic entrance. Developer agrees to file said easement with Hennepin County and to provide proof of filing to the City prior to issuance of any._ occupancy permit for the property. 10. Developer agrees to pay Park Dedication fees for all the property required by City Code in effect as of the date of the issuance of each building permit for construction on the property. Presently, the amount of cash park fee applicable is $2,3D0.00 per acre. The amount to be paid by Developer shall be increased, or decreased, to the extent that the City Code is amended or supplemented to require a greater or lesser amount as of the date of the issuance of any building permit for construction on the property. 2. LaVonne Industrial Park Partnership agrees to all of the terms and conditions and accepts the obligations of the "Owner" under the Developer's Agreement, as amended and supplemented herein. • r 1 LaVonne Industrial Park II CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-163 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 21-87 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 21-87 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of June, 1987; NOW, THEREFORE, BE IT RESDLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 21-87, 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. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type, as defined in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 21-87 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 16, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk { 1 LaVonne Industrial Park II CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 21-87 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 north of Edenvale 8oulevard at Carlson Drive from the Rural District and the 1-2 District to the I-2 District and the R1-22 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.) LaVonne Industrial Park III CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 22-87 AN ORDINANCE DF 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 I-2 District and be placed in the I-2 District and R1-22 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and the I-2 District and shall be included hereafter in the I-2 District and the R1-22 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. that certain Developer's Agreement aldated asuofe February ct to e15er1983,ms d entered conditions into between Norman L. Undestad and the City of Eden Prairie, and that certain Supplement to Developer's Agreement, between LaVonne Industrial Park Partnership and the City of Eden Prairie, dated as of June 16, 1987, which Agreement and Supplement are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of May, 1987, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 16th day of June, 1987. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of EXHIBIT A LAVONNE INDUSTRIAL PARK III Legal Descriptions for Rezoning Rural to 1-2 Zoning That part of Lot 1, Block 3, LAVONNE INDUSTRIAL PARK, and that part of the north half of adjoining Edenvale Boulevard, according to the recorded plat thereof, which lie southeasterly of the following described line: Beginning at a point on the east line of said Lot 1 distant 700.00 feet north from the southeast corner of Lot 1, Block 1, LAVONNE INDUSTRIAL PARK; Thence southwesterly to a point on the south line of Lot 3,, said Block 1 distant 400.00 feet west from said southeast corner of Lot 1, BIock 1, and said line there ending. Rural to R1-22 Those parts of Lots 1,2 and 3, Block 1, LAVONNE INOUSTRIAL PARK, and that part of the south half of adjoining Edenvale Boulevard, according to the recorded plat thereof, which lie southeasterly of the following described line: Beginning at a point on the east line of Lot 1, Block 3, LAVONNE INDUSTRIAL PARK distant 700.00 feet north from the southeast corner of said Lot 1, Block 1: thence southwesterly to a point on the south line of said Lot 3 distant 400.00 feet west from said southeast corner of Lot 1, Block 1, and said line there ending. I-2 to RI-22 Those parts of Lots 2 and 3, Block 1, LAVONNE INDUSTRIAL PARK, and that part of the south half of adjoining Edenvale Boulevard, according to the recorded plat thereof, which lie northeasterly of the northwesterly extension of the southwesterly line of said Lot 3, and which lie north- westerly of the following described line and its southwesterly extension: Beginning at a point on the east line of Lot 1, Block 3, LAVONNE INDUSTRIAL PARK distant 700.00 feet north from the southeast corner of Lot 1, said Block 1; thence southwesterly to a point on the south line of said Lot 3 distant 400.00 feet west from said south- east corner of Lot i,Block 1, and sad line there ending. LaVonne Industrial Park III SUPPLEMENT TO DEVELOPER'S AGREEMENT This Supplement to Developer's Agreement made and entered into as of this day of , 1987, by and between LaVonne Industrial Park Partnership, a Minnesota general partnership, transferees of the property as described in the developer's agreement between Norman L. Undestad and the City of Eden Prairie, for Norman Industrial Park, AKA LaVonne Industrial Park,• dated February 15, 1983, and the City of Eden Prairie, a municipal corporation, hereinafter referred to as "City;" WHEREAS, Norman L. Undestad and City made and entered into a Developer's Agreement, dated February 15, 1983, for Norman Industrial Park, AKA LaVonne Industrial Park (the "Developer's Agreement") and LaVonne Industrial Park Partnership has succeeded to all of the rights and interests in the lands included within Norman Industrial Park, AKA LaVonne Industrial Park, previously owned by Norman L. Undestad; and, WHEREAS, the parties desire to amend said agreement for a portion of the property referred to in said agreement, that portion of the property being as described in Exhibit A, attached hereto and made a part hereof; NDW, THEREFORE, it is agreed by and between the parties thereto as follows: 1. The Developer's Agreement shall be and hereby is supplemented and amended in the following respects: A. Paragraph 1. shall be amended to read as follows: Owner shall develop the property in conformance with the revised material dated Ma 7, 1987, reviewed and approved as amended by the City Council on May , 87, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. B. There shall be added paragraphs 6. - 11. as follows: 6. Prior to issuance of any issuance of any building permit on the property, Developer shall submit to the City Engineer, and receive the City Engineer's approval of the plans for sanitary sewer, water main, storm sewer, erosion control, and drainage on the property. 7. Developer shall notify the City and Watershed District at least 48 hours prior to grading on the property. 8. Prior to issuance of any building permit on the industrial portion of property, as depicted in Exhibit B, attached hereto, Developer shall submit to the Director of Planning, and obtain the Director's approval of revised plans indicating the following: a. Revised landscape plans indicating: 1) Increased screening of the parking and loading area along the east property line including increased height of the evergreen plantings to 12-14 ft. in height and provision of more plantings to accomplish screening of these areas. 2) Adequate screening of the parking and drive- ( up doors along Carlson Drive and the screening of the loading docks from Carlson Drive. b. Design and material details, including color of materials, to be used for the exterior of the structure. c. Design and material details for the screening of all mechanical equipment, including construction methods for said screening. d. Design and material details for the signage for the property. .. 1 e. Design and material details for the lighting for the property. Lighting standards shall be a maximum of 20 ft. in height, using downcast, cut-off luminars. No lighting shall be allowed along the east side of I' the building on the property. 9. Developer agrees to P g pay Park Dedication fees for all the property required by City Code in effect as of the date of the issuance of each building permit for construction on the property. Presently, the amount of cash park fee applicable to each residential lot is $420.00 per lot, and $2,300.00 per acre for each industrial acre. The amount to be paid by Developer shall be increased, or decreased, to the extent that the City Code is amended or supplemented to require a greater or lesser amount as of the date of the issuance of any building permit for construction on the property. 10. Developer agrees that, if a shared driveway access is to be used for the three residential lots, Developer shall prepare and execute a cross access agreement for said shared access. Developer agrees to file said cross access agreement with Hennepin County and to provide proof of filing to the City prior to issuance of any building permit for construction en any of the residential lots on the property. 11. Prior to issuance of any building permit an the residential portion of property, as depicted in Exhibit B, attached hereto, Developer shall submit to the Director of Planning, and obtain the Director's approval of revised plans for grading for the three residential lots which indicate the preservation of the existing stand of oak trees and which provides for a berm along Edenvale Boulevard for screening of the area to the north. 2. LaVonne Industrial Park Partnership agrees to all of the terms and conditions and accepts the obligations of the "Owner" under the Developer's Agreement, as amended and supplemented herein. LaVonne Industrial Park III CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-164 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 22-87 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 22-87 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 16th 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. 22-87, 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. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type, as defined in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for t. 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. 22-87 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 16, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk LaVonne Industrial Park III CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 22-87 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 north of Edenvale Boulevard at Carlson Drive within the I-2 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 It HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-178 A RESOLUTION DENYING THE RIDGEWOOD WEST 6TH ADDITION PLANNED UNIT DEVELOPMEN- CONCEPT AMENDMENT TO THE OVERALL RIDGEWOOD WESTOVER PLANNED UNIT DEVELOPMENT PLANNED UNIT DEVELOPMENT DISTRICT REVIEW AND ZONING DISTRICT CHANGE, AND PRELIMINAR\ PLAT WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) of certain areas located within the City; and, WHEREAS, the Centex Homes of the Midwest, Inc., has proposed an amendment tc the overall Ridgewood Westover Planned Unit Development known as Ridgewood West 6tt Addition; and, WHEREAS, the City Council did conduct a public hearing on the request of Centex Homes, Inc., for PUD Concept Amendment, PUD District Review and Zoninc District Change, and Preliminary Plat approval for Ridgewood West 6th Addition or May 5, 1987; NOW, THEREFORE, the City Council hereby denies the request of Centex Homes of the Midwest for PUD Concept Amendment, PUD District Review and Zoning District Change, and Preliminary Plat for Ridgewood West 6th Addition, based upon the following findings: A. The current zoning of the property is R1-13.5 and does not permit the development as proposed. B. There have been changes to the overall Ridgewood Westover Planned Unit Development over the past several years, lowering the density of the overall PUD in each situation, and resulting in the construction of detached single family units within the PUD. Currently, there are no attached units existing in the overall Ridgewood Westover PUD. C. The property on which the Ridgewood West 6th Addition is proposed is the last parcel within the overall Ridgewood Westover PUD. D. Although attached units were part of the overall Ridgewood Westover PUD originally, it has been determined that the character of the overall PUD and the neighborhood in general, has changed in a substantial way since the original PUD concept approval, due to the development of the PUD property as single family detached units, exclusively. E. Ridgewood West 6th Addition is not designed in such a manner to form a desirable and unified environment within the boundaries of the overall Ridgewood Westover PUD as it has been amended and as it currently exists, being adjacent to three existing single family detached developments within the overall PUD boundaries. Resolution #87-178 Page 2 1 F. Ridgewood West 6th Addition, as proposed, does not represent the highest and best use of the land. ADOPTED by the City Council of Eden Prairie this 16th day of June, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk State Project 1002-45 (5=121) State Project 2701-27, 31 (5=121) Fed. Project F 014-3 (34) Fed. Project F 014-3 (38) I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-175 RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS FOR TRUNK HIGHWAY NO. 5 IMPROVEMENTS WHEREAS, the Commissioner of Transportation for the State of Minnesota has prepared: Plans, special provisions, and specifications for the improvement of Trunk Highway No. 121, renumbered as Trunk Highway No. 5, within the corporate limits of the City of Eden Prairie, from the West Corp limits to Heritage Road and from 0.7 miles west of 0.81 miles east; and seeks the approval thereof; NOW, THEREFORE, BE IT RESOLVEO BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. That said plans and special provisions for the improvement of said Trunk Highway within said corporate limits of the City, be and hereby are approved including the elevations and grades as shown. 2. The City does hereby agree to require the parking of all vehicles, if such parking is permitted within the corporate limits of said City, on said Trunk Highway, to be parallel with the curb adjacent to the highway, and at least 20 feet from any crosswalks on all public streets intersecting said trunk highway. ADOPTED by the Eden Prairie City Council on JUNE 16, 1987. Gary 0. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk n7 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-176 A RESOLUTION APPROVING FINAL PLAT OF MITCHELL ESTATES WHEREAS, the plat of MITCHELL ESTATES 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 MITCHELL ESTATES is approved upon compliance with the recommendation of the City Engineer's report on this plat dated June 11, 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 16, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk it CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor and City Council Members THROUGH: Carl Jullie, City Manager Allan D. Gray, City Engineer ((�� FROM: Oavid L. Olson, Senior Engineering Technician Jold2 OATE: June 11, 1987 SUBJECT: MITCHELL ESTATES PROPOSAL: Ray Mitchell, the property owner, has requested City Council approval of the Final Plat of Mitchell Estates. This is a single family residential plat located south of Scenic Heights Road and east of Hiawatha Avenue in the South 1/2 of Section 16. The property contains 1.D4 acres to be divided into two lots and dedication of road right-of-way. HISTORY: The Preliminary Plat was approved by the City Council on February 3, 1967 per Resolution 87-27. Zoning to R1-13.5 was finally read and approved by the City Council on February 17, 1987 per Ordinance 3-87. A Developer's Agreement was not required for this addition. VARIANCES: A set back variance was previously authorized by the Board of Appeals. All other variance requests must be processed through the Board. UTILITIES AND STREETS: All municipal utilities and streets, necessary to serve this proposal, have been installed. BONDING: Bonding for municipal improvements will not be required. PARK DEDICATIDN: Park dedication must conform to City Code requirements. RECOMMENDATION: Recommend approval of the Final Plat of Mitchell Estates subject to the requirements of this report and the following: 1. Receipt of engineering fee in the amount of $25D.OD. 2. Receipt of street lighting fee in the amount of $512.00. DLD:ss l � x ii C MEMORANDUM TO: Mayor and City Council FROM: City Manager Carl J. Jullie G SUBJECT: Mutual Aid Agreement with City of Shakopee DATE: June 9, 1987 The attached "Reciprocal Fire Service Agreement" between Shakopee and Eden Prairie is submitted for Council approval. The agreement was drafted by Mr. Pauly's office and has been approved by Shakopee. Approval is recommended. CJJ:jdp Attachment 2(r JUN 5 CITY OF SHAKOPEE INCORPORATED 1870 129 EAST FIRST AVENUE,SHAKOPEE,MINNESOTA 55379.1376 (812)445.3858 1iM1 Vr • June 4, 1987 Mr. Carl Jullie City Manager City of Eden Prairie 8950 Eden Prairie Rd. Eden Prairie, MN 55344 Re: Reciprocal Fire Service Agreement Dear Mr. Jullie: Enclosed are two copies of the reciprocal fire service agreement between the City of Eden Prairie and the City of Shakopee. Please execute both copies and return one copy to me for our records. Thank you, ', (Th. ttrt6 11 Judith S. Cox City Clerk • cc: Joe Ries, Fire Chief JSC/pss • The Heart o./' `firogress Valley AN EQUAL OPPORTUNITY EMPLOYER RECIPROCAL FIRE SERVICE AGREEMENT THIS AGREEMENT made by and between the municipalities of Eden Prairie, and Shakopee, said parties being municipal corporations of the State of Minnesota, WITNESSETH: WHEREAS, the said municipalities desire to make available to each other their respective fire-fighting equipment and personnel in the case of emergencies, and each of said munici- palities has legal authority to send its fire-fighting equipment and personnel into other communities. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: • 1. If one or more fires occur within the limits of either of the above municipalities, or within the limits of any territory in which either of said municipalities has contracted to furnish fire-fighting equipment and personnel, and the fire- fighting equipment or personnel of either of the municipalities executing this contract is, in the judgment of the chief of its fire department or in his absence his assistant or deputy in charge of its fire department, insufficient to control or extinguish the fire or fires, an "emergency" shall exist for the purpose of this agreement. 2. If an emergency arises, any of the persons who are entitled by paragraph 1 above to determine an emergency may call upon the fire department of the other municipality for assistance. If all the fire-fighting equipment and personnel of one municipality is engaged in fighting fire, the chief or other commanding officer of the fire departrt,ent of the other . Page -2- irmunicipality, is authorized to send equipment and personnel to the empty fire station to be available for call if required • for any fire. It is the intention of the parties by this agreement to cooperate in the event of an emergency by making available necessary fire-fighting equipment and personnel from the nearest fire station and during such an emergency to re-arrange fire-fighting equipment of the parties so as to make the remaining equipment and personnel available for use in the event other fires shall occur anywhere throughout the territory of these municipalities. 3. Upon receipt of a call for assistance as set forth in paragraph 2, the fire department of the parties hereto shall promptly dispatch at least one fire truck with the usual number of personnel to assist in fighting the fire which has caused the emergency or to render stand-by service as the case may be, provided that the fire department of neither of said parties shall be obligated to send its fire equipment or personnel beyond its boundaries if to do so would leave such municipality without any fire equipment or personnel available within its limits for service at any fire which might subsequently arise therein. In extreme emergencies, however, every effort will be made to re-distribute fire-fighting equipment and personnel so as to make it available for any additional fires which might arise during the emergency. 4. The fire-fighting equipment and personnel of any fire department assisting the fire department of the other munici- fifi Page -3- t, pality in an emergency will immediately upon arrival at the scene of the emergency be under the command of the officer in charge of the municipality within whose boundaries the emergency is situated. 5. No charge will be made by either party for assistance rendered to another party under this agreement, except, for the cost of all fire exting- uishing materials used in said call, 6. Each party shall maintain insurance covering; A. Workman's Compensation and the coverage of said policy shall extend to protect said firemen of said parties when engaged in the performance of duties under this agreement outside the boundary of the party whose fire department he is a member, and B. Damage or injury caused by negligent operation of its fire department vehicles to the extent of not less than $6x,000 Combined Single Limit property liability, and not less $60D,00o Cambined than Single Limit personal injury liability, the coverage of such policies extending to accidents which may occur while the said party's fire department is engaged in the performance of duties under this agreement outside the boundaries of said party. 7. No party to this agreement nor any officer or employee of any party shall be liable to any other party or to the person on account of failure of any party to this agreement to furnish 1 Page -4- its fire-fighting equipment 9 9 or personnel in response to a call for assistance from the other municipality. 8. No liability shall be incurred by the party who shall have summoned assistance under this agreement for damage to, or destruction of, fire-fighting equipment of the party rendering such assistance unless such damage or destruction shall be caused by negligent or malicious conduct of any officer or employee of the municipalities which have summoned such assistance. 9. Either party hereto may withdraw from this agreement by thirty (30) days written notice to the other. IN WITNESS WHEREOF, the said municipalites have caused this agreement to be signed in their respective corporate names by their respective duly authorized officers by authority of theiri respective governing bodies as of this S day of !g1,1.„ , 1987 . U CITY OF EDEN PRAIRIE BY: Its Mayor BY: Its City Manager CITY OF SHAKOPEE BY:444 I is Mayor BY: 0, 4A,f� Its City Administrator Ao014 BY(g4‘1". 't Its City Clerk C CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-174 RESOLUTION APPROVING THE PRELIMINARY PLAT OF BLUESTEM HILLS 3RD ADDITION FOR BRDWN LAND COMPANY BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Bluestem Hills 3rd Addition for Brown Land Company, dated May 8, 1987, consisting of 1.63 acres into three single family lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 16th day of June, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk t CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-166 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 Dirlam Development for development of The Ridge 2nd Addition from Industrial to Low Density Residential on 6.7 acres and from Public Open Space to Low Density Residential on 12.2 acres, requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eden Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: from Industrial to Low Density Residential on 6.7 acres and from Public Open Space to Low Density Residential on 12.2 acres, located west of Evener Way, south of the Chicago, Milwaukee, St. Paul and Pacific Railroad. ADOPTED by the City Council of Eden Prairie this 16th day of June, 1887. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-167 A RESOLUTION APPROVING THE RIDGE 2ND ADDITION PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT TO THE OVERALL CRESCENT RIDGE PLANNED UNIT DEVELOPMENT WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) of certain areas located within the City; and, WHEREAS, the Ridge 2nd Addition development is considered a proper amendment to the overall Crescent Ridge Planned Unit Development Concept; and, WHEREAS, the City Planning Commission did conduct a public hearing on the request of Dirlam Development for PUD Concept Amendment approval to the overall Crescent Ridge Planned Unit Development Concept for the Ridge 2nd Addition development and recommended approval of the PUD Concept Amendment to the City Council; and, WHEREAS, the City Council did consider the request on June 16, 1987; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The Ridge 2nd Addition development PUD Concept Amendment, being in Hennepin County, Minnesota, and legally described as outlined in Exhibit A, is attached hereto and made a part hereof. L 2. That the City Council does grant PUD Concept Amendment approval to the overall Crescent Ridge Planned Unit Development Concept as outlined in the application materials for The Ridge 2nd Addition 3. That the PUD Concept Amendment meets the recommendations of the Planning Commission dated May 26, 1987. ADOPTED by the City Council of Eden Prairie this 16th day of June, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-168 RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE RIDGE 2ND ADDITION FOR DIRLPM DEVELOPMENT BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of The Ridge 2nd Addition for Dirlam Development, dated June 10, 1987, consisting of 41.5 acres into 70 single family lots, one 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 16th day of June, 1987. t Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk iII ) 1 STAFF REPORT ( TO: Planning Commission FROM: Donald R. Uram, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: May 22, 1987 PROJECT: The Ridge 2nd Addition LOCATION: West of Evener Way, south of the Chicago, Milwaukee, St. Paul & Pacific Railroad APPLICANT: Dennis P. Dirlam REQUEST: 1. Comprehensive Guide Plan Change from Industrial to Low Density Residential on 6.7 acres and from Public Open Space to Low Density Residential on 12.2 acres. 2. Planned Unit Development Concept Amendment on 41.5 acres. 3. Planned Unit Development District Review on 41.5 acres. 4. Zoning District Change from I-General to R1-13.5 on 37.7 acres with variances. 5. Preliminary Plat of 41.5 acres into 70 single family lots, one out lot, and road right-of-way. Background `♦ A��IF�us ',y •� a ptiyik I A'o , This is a continued item from the mo jv, ��ta'° p, • I May 11, 1987, Planning Commission jflaiiWip0�5 . �•.meeting. At that time, a con- . . • 4tinuance was recommended �� " F""'until the ���7�' 4i nnnpt )- I:..May 26th meeting in order to allow $ -''�`: �■ mil the proponent time to make plan ��' `��•' �••i•4-4•:rim' 'c' h� QP n revisions. ���� �`��4`:�����, ,,,. i��ti �,1� SummaryI `�•i�`�•�•�••�••wt �' N. , Illik Based upon the •••••••��iig Of F i� P previous Staff •••4•:rtit �V; Report, six items were identified *V44�:'�1►�� �, I ��� which would require revisions prior •„•���%_���••4 UIII P to additional Planning Commission review. These items are as follows: = . PROPOSED SITE !4{ R1 - ' ,. , AREA LOCATION MAP li The Ridge 2nd Addition 2 May 22, 1987 1. Design the Evener Way extension with a minimum 300-foot curve radius. 2. Revise the plans to reflect the minimum lot frontage required in the R1-13.5 zoning district on all lots. 3. Determine the appropriate sanitary sewer alternative and receive Engineering approval. 4. Revise the plans to depict the continuation of the 5-foot concrete sidewalk and 8-foot bituminous trail. 5. Submit a petition for the construction of Dell Road and Evener Way. No development shall be allowed until either Dell Road or Evener Way is constructed and the other road "in progress". 6. Submit a traffic study update. Following is a brief description of how the proponet has addressed these issues. ROAD DESIGN/ACCESS Because Evener Way is designed as a minor collector street, a 30 mph design speed is required. The preferred design standard for curves on this type of street is a 300 foot radius. Of primary concern in the previous Staff report was the intersection of Dell Road and Evener Way in which the center line curve radius was approximately 115 feet. The plans have been revised to a 230-foot center line curve radius. This design has been reviewed by the Engineering Department and is acceptable. The proponent has indicated that he will petition for the upgrading of Dell Road and Evener Way to access the subject property. The City has received a letter from the attorney of the property owner to the east (Vern Donnay) urging the City not to accelerate the construction of Evener Way through their development (see Attachment A). Staff again recommends that no development shall be allowed until either Dell Road or Evener Way is constructed and the other road "in progress" (see Attachments B & C). R1-13.5 ZONING REQUIREMENTS The previous Staff report identified nine lots requiring lot frontage variances. Staff from recommended lot frontage that ix variances be eliminated Lots 3, 7,7, which h been and 8, Block 3. Althoughan lot frontage ranges from 70 to 75 feet, an 85-foot width is maintained at the building setback line. Because of the redesign of the roadway, the number of lots has been reduced from 70 to 69. Current density of the project is 2.15 units per acre. Lot sizes range from a minimum of 13,500 square feet to a maximum of 42,906 square feet. Average lot size is 17,156 square feet. All of the lots with the exception of those previously noted, meet the minimum requirements of the R1-13.5 zoning district. i,.0. The Ridge 2nd Addition 3 May 22, 1987 SANITARY SEWER SERVICE The previous sanitary sewer proposal depicted a temporary lift station and force main to a lift station within the City of Chanhassen. After discussion with the City of Chanhassen and the Engineering Department, it was determined that the most feasible alternative was to utilize the proposed lift station with a force main to an 8-inch sanitary sewer line located within Evener Way. This proposal has been reviewed by the Engineering Department and has been given preliminary approval. TRAFFIC STUDY UPDATE In order to determine the impact the proposed development would have on the adjacent road network as compared to the Crescent Ridge P.U.O., a traffic forecast was conducted by Benshoof and Associates, Inc. (see Attachment 0). Prior to a full intersection of Dell Road with T.H. #5, the impact on the adjacent raodways due to traffic volumes will be decreased in all cases with the exception of: 1983 Current Change 1) Hames Way, south of Valley View Road 300 360 +60 2) Evener Way, west of Hames Way 100 340 +240 3) Atherton Way, between Evener Way 50 170 +120 and Kilmer Avenue Possible reasons for this decrease may include the reduction in total trips generated from the site (from 1,910 to 1,430) and the addition of Dell Road and West 168th Street to the system. GRADING Because of the realignment of Evener Way, the grading plan has been altered slightly and does not affect the plan as a whole. In addition, with the construction of Dell Road, significant grading is occuring within Lots 1-3, Block 1, and Lots 1-3, Block 3, which does affect a large number of trees in the southwest corner of the site. There are 18 trees being removed for a total of 392 caliper inches. A construction easement will be required on those lots adjacent to Dell Road in order to allow the proposed grading. The proponent has indicated that 42 caliper inches of plant material will be removed and is subject to 100% replacement. BUFFERING Because of the location of the project adjacent Dell Road and the industrial park within Chanhassen, concern has been raised regarding any adverse impacts on the single family residences. Sheet 3 of the previous plan depicted a series of site sections through Lot 1, Block 1, and Lot 2, Block 3, of the current plan. The sections show how the proposed berming buffers the residences from Dell Road and the industrial property to the west. In order to provide additional buffering, Staff would recommend that a landscape plan be submitted prior to Council review. The plan shall be designed primarily to buffer Lots 1-3, Block 1, and Lots 1-3, Block 3. The Ridge 2nd Addition 4 May 22, 1987 STAFF RECOMMENDATION If the Planning Commission feels that the proponent has substantiated a Comprehensive Guide Plan Change from Industrial to Low Density Residential, then it would be appropriate to recommend to the City Council approval of the project based upon revised plans dated May 15, 1987, and Staff reports dated May 8, 1987, and May 22, 1987, and subject to the following conditions: 1. Prior to Council review, proponent shall: A. Provide a landscape plan designed primarily to buffer Lots 1-3, Block 1, and Lots 1-3, Block 3, from Dell Road and the adjacent industrial park. B. Provide construction easements across those lots affected by the construction of Dell Road. This item shall be reviewed and approved by the Director of Public Works. C. Submit the petitions for the construction of Dell Road and Evener Way. No development shall be allowed to occur until either Dell Road or Evener Way is constructed and the other road "in progress". 2. Prior to Final Plat approval, proponent shall: A. Submit detailed storm water and erosion control plans for review by the Watershed District. B. Submit detailed storm water run-off, utility, and erosion control plans for review by the City Engineer. 3. Prior to Building 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. B. Pay the appropriate Cash Park Fee. 4. Concurrent with building construction, proponent shall construct the eight- foot wide bituminous trail along the wetland and the five-foot wide concrete sidewalk along the south side of Evener Way. n1 lu STRONG,TULLY,TULLY 6 CROUCH,LTD. BOO NORWCST MIOL•NO e011.01N0 M _fTwONO MINNEAPOLIS.MINNESOTA 55401 T CLCfHONC ',Poow.CROUCM 333'0011 WILLING TON IV",0000-10031 May 13, 1987 Mr. Gene Dietz Director of Public Works City of Eden Prairie Eden Prairie City Hall 7801 Mitchell Road Eden Prairie, Minnesota 55344 Re: Donnay's Round Lake Estates Dear Mr. Dietz: Please be advised that the undersigned is the attorney for Mr. L. A. Donnay, owner of the above described property. Recently we have been informed that a Mr. Dirlam was in the process of developing land to the west of us, but adjacent to our Outlot B in Donnay's Round Lake Estates. We have been further informed that he has indicated that the City of Eden Prairie is going to bring sewer and water service over Mr. Donnay's property in order to serve his development. Assuming these facts are true, we wish to go on record as opposing any action requested by Mr. Dirlam for the City of Eden Prairie to condemn our property in order to bring sewer and water into his development. Most importantly, we do not foresee the development of Outlot B until sometime in 1990. The current status of the real estate market tells us that we will not be selling single family homes in the easterly portion of our property until next year. We do not want to carry, as an added expense, the cost of the City putting in sewer and water to any of our land when it is not needed. I believe you are aware that we have been putting in sewer and water for the first phase of our development on this property. It is imperative that we develop in a neat and orderly manner in order to insure our intended results. It is our intention to put sewer and water in place for the development of Outlot B sometime in 1990, but this will also be determined by the sales in the first stage of the development of this land. Finally, I do not know this for a fact, but I have been informed that sewer and water will be available for Mr. Dirlam from the south in the not-too-distant future. Yours very truly, itn Ralph H. Tully RHT/jl cc: L. A. Donnay Paul Donnay Attachment A 4/30/87 TO: DON URAM, ASSISTANT CITY PLANNER FROM: JiM CLARK, POLICE CAPTAIN U MOLLY KOIVUMAKi. CRIME PREVENTION SPECIALiST'/• SUBJECT: THE RIDGE 2ND ADDITION In reference to our review of the proposed Ridge 2nd Addition development plan, we would like to share the following concerns. Our first concern would be the access to the neighborhood. Although it appears as though at sometime in the future there will be more than one entrance and exit, at this time and for the immediate future residents as well as emergency vehicles will be limited to one access. From a safety standpoint this type of access can prove to be very costly in terms of time when responding to emergencies and, in the case of that access being blocked, it could make access by emergency vehicles impossible. Secondly, we would have concerns that our normal neighborhood patrol function will suffer due to the difficult access to the area. Our experience will areas that are on the borders of the City and have limited access are not patroiled by our Officers as much as areas that are linked to other neighborhoods by a more developed road system. Third, we would predict that the "right turn only" entry to the neighborhood from highway 5 will cause confusion and it will only be time before someone will attempt to exit onto highway 5. We would suggest that anything the City can do to minimize the potential hazards, on an already congested highway 5, would be to everyone's advantage. And finally, you informed us that the future roadway to the east (which will not be completed for some time) will be property which people could drive on. We would suggest that, in time. the residents of this neighborhood will attempt to find more convenient routes in and out of the neighborhood. if they chose this route we can anticipate that such activity will result in calls to our department. In summary we would ask that more thought be given to emergency access as well as considerations for normal day to day traffic. These considerations could go a long way to making the neighborhood safer and ease the frustrations of motorists in and around this area. Attachment B CITY OF ( \ ,./ �;- . CHANHASSEN 690 COULTER DRIVE•P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612)937-1KM May 20, 1987 Mr. Don Uram, Planner City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Subject: Ridge Second Addition, Eden Prairie Dear Don: This is to respond to your request for comments regarding the preliminary plat of the Ridge Second Addition. After our meeting on May 5, 1987, you indicated to me that the developer has decided to obtain sanitary sewer service from the area north of the subject property in Eden Prairie and not from the City of Chanhassen. Secondly, you indicated that the development could not begin construction until access on Dell Road or Evener Way is made possible. The following summarizes the City of Chanhassen's concerns regarding the proposed preliminary plat. Traffic I am in receipt of the traffic analysis submitted by Benshoof and Associates (dated May 18, 1987) regarding traffic distribution upon full development of the project (160 units). The analysis assumed that a connection existed to Evener Way, a Dell Road con- nection over the railroad tracks and a right in only from TH 5. The city feels that this street/access scenario represents the best plan for access to the development until a full intersection at Dell Road and TH 5 is constructed. Elimination of either the Dell Road crossing or the Evener Way connection, will increase at the Dakota Avenue intersection. Therefore, it is recommended that plan approval be conditioned upon connection to Evener Way and construction of the Dell Road railroad crossing. Please be aware that the city is proceeding with its plans to construct a full intersection west of Dakota Avenue on TH 5. This would necessitate reconstructing the Dakota Avenue intersec- tion with a median. Also, an intermunicipal agreement regarding operation and main- tenance of Dell Road should be executed prior to final approvals by the City of Eden Prairie. Attachment C Mr. Don Uram May 20, 1987 Page 2 Sanitary Sewer/Water Service You have indicated that sanitary sewer and water service will not be needed from the City of Chanhassen. Our concerns for this development are therefore resolved. However, for future develop- ment in this area, coordination between the two communities is essential if water or sanitary sewer service will be requested from the City of Chanhassen. Drainage As to the drainage issue, our consultant has advised that the storm sewer pipe which conveys the pond overflow should be designed to handle a peak overflow discharge of 65 cfs for the 100 year frequency event. I have attached our consultant's report for your reference as well as a copy of the proposed plan for the TH 5 intersection. Please keep us informed as to the status of this development. Si re , arbara City Planner BD:v Enclosures (51? BENSHOOF & ASSOCIATES, INC. TRANSPORTATION AND LAND USE CONSULTANTS 7901 FLYING CLOUD DRIVE,SUITE 1191 EDEN PRAIRIE,MINNESOTA553441(612)944-7590 May 18. 1987 REFER TO FILE: 87-34-21 MEMORANDUM TO: Mr. Peter Knaeble, Ron Krueger 8 Associates, Inc. FROM: Michael L. WonsonA RE: Traffic Forecasts for the Ridge 2nd Addition PURPOSE AND BACKGROUND The purpose of this memorandum is to present an update to our traffic forecasts prepared for the Crescent Ridge devel- opment in 1983. The previous analysis considered a three phase development consisting of 322 dwelling units in a mixture of single family homes and condominiums. The current proposal consists of the Ridge 1st. 2nd. and 3rd Additions and Round Lake Estates and is comprised of 166 dwelling units (118 single family and 48 multi-family units). The previous traffic study had assumed a full movement connection to Trunk Highway 5 at Dell Road. At this time. only a right in access (westbound to northbound) is proposed until T.H. 5 is upgraded to four lanes. As we understand it, the principal traffic issue at this time entails a comparison of current expected daily traffic volumes on adjacent roadways with those previously forecast In 1983 in light of the reduced access at Dell Rd./T.H. 5. TRAFFIC FORECASTS Utilizing trip generation rates published by the Institute of Transportation Engineers. 1983, it is expected that upon full occupancy of the four components of this development. daily trip generation would be 1430 vehicles (715 in/715 out). This compares to 1910 daily trips predicted in our 1983 analysis. Distribution of trips to/from the site was estimated based upon our previous analysis and more recent studies we have performed in the area. Attachment D Mr. Peter Knaeble -2- May 18, 1987 The roadway system expected to be available upon full occupancy of the proposal includes: . Right in only at Dell Road/T.H. 5 . A connection via West 78th St. through the City of Chanhassen from Dell Road to Dakota Ave. at T.H. 5 . Extension of Dell Road northward over the railroad . Connection of Evener Way from Dell Road to Hames Way . Connection of Eileen St. from Evener Way to Kilmer Ave. Based upon the expected trip generation, trip distribution. and roadway system available upon full occupancy of the proposal, daily traffic was assigned via the most convenient direct route to/from the development. The following table presents a comparison between current daily traffic fore- casts and the 1983 daily forecasts at selected locations. 1983 Daily Current Development Forecasted Location Trips Development Trips Dell Rd., north of T.H. 5 " 120 West 186th St. (Chanhassen) " 200 Dell Rd. south of R.R. " 280 Hames Way, south of Valley View Road 300 360 Lorence Way, west of Names Way 200 20 Evener Way, west of Names Way 100 340 Atherton Way, between Evener Way and Kilmer Ave. 50 170 Kilmer Ave., west of Atherton Way 550 910 Kilmer Ave., between Atherton Way and Heritage Rd. 600 470 Heritage Rd., between Kilmer Ave. and T.H. 5 450 420 Luther Way, west of Co. Hwy. 4 150 50 " - Forecasts not prepared 1 , Mr. Peter Knaeble -3- May 18, 1987 As can be noted, the daily traffic volumes associated with the current development and roadway system expected to be available upon full occupancy are generally comparable to the previous forecasts with the exception of Evener Way and Lorence Way. The differences in volumes on these roadways result in part from modifications to the internal roadway system made after our initial traffic analysis. cc. Donald Uram, City of Eden Prairie Barbara Dacy, City of Chanhassen STAFF REPORT ( TO: Planning Commission FROM: Donald R. Uram, Assistant Planner ROUGH: Chris Enger, Director of Planning DATE: May 8, 1987 PROJECT: The Ridge 2nd Addition LOCATION: West of Evener Way, south of the Chicago, Milwaukee, St. Paul & Pacific Railroad APPLICANT: Dennis P. Dirlam REQUEST: 1. Comprehensive Guide Plan Change from Industrial to Low Density Residential on 6.7 acres and from Public Open Space to Low Density Residential on 12.2 acres. 2. Planned Unit Development Concept Amendment on 41.5 acres. 3. Planned Unit Development District Review on 41.5 acres. 4. Zoning District Change from I-General to R1-13.5 on 37.7 acres with variances. 5. Preliminary Plat of 41.5 acres into 70 single family lots, one outlot, and road right-of-way. Background �Al �`4` 9 . i Y Y This site is currently designated on ■ .,,� Jo:,, '. the Eden Prairie Comprehensive Guide z �� '= i Plan for development as Low Density ��1�p �,�,� Mtn - Residential, Industrial, and Public • i„+•-•-�.• RM'»�; L�gm ry es m Open Space land uses. Adjacent , �0. ,••�••4������ '.` �, properties are guided for Low +c04•������•'�'�'� ► �. MD Density Residential to the north; •�•�•��•�•�������� I. C� Medium Density Residential and •�•�•�•�•�������,��•• ,n Public Open Space to the east; and D�*.�iti��*�'�„� ri -_-a ow landIndustrial to the uses include south. Donnay'sSpecific Round '•OO4•i���'�0�� ¢ -< �' Lake Estates, zoned RM-6.5, to the ����� ���� west; Paulsen's 1st and 2nd I f r Addition, zoned R1-13.5 and R1-9.5 I `; respectively, to the north; In- PROPOSED SITE `? dustrial land withinthe City of j t Chanhassen to the west; anddvacant property to the south. 1 -2 II �J �I AREA LOCATION MAP The Ridge 2nd Addition 2 May 8, 1987 This project is located within the Crescent Ridge Planned Unit Development (PUD) approved on December 20, 1983. Based upon the approved PUD Concept, a total of 228 multi-family units were proposed for essentially the same site. The current proposal is for 70 single family units. Comprehensive Guide Plan In reviewing a Comprehensive Guide Plan Change on this piece of property, three major items were taken into consideration including prior approvals on the site, the existing zoning classification and Guide Plan designations, and the effect the proposed land use would have on the adjacent wetland area and surrounding existing and proposed land uses. When the Donnay's Round Lake Estates project to the east was approved, it was understood that the adjacent property would probably not develop as Industrial in the future. With that in mind, a single family residential development could occur in this area with appropriate setbacks from the Medium Density Residential to the east, proper buffering from the railroad tracks to the north and Dell Road to the west, and sensitivity to the protected wetland area. With the change in the Comprehensive Guide Plan, the land use to the south is generally being set by the development on this piece of property. It does have an Industrial Guide Plan designation which will probably be requested to be changed sometime in the future. Site Plan/Preliminary Plat This site contains 40.7 acres, of which 9.41 acres is to be dedicated to the City as an outlot area for the preservation of the wetland. With the elimination of the Outlot Area, approximately 31.37 acres shall be developed with single family residential lots and road right-of-way for Dell Road and Evener Way. There are 70 lots proposed for development with an average lot size of 16,382 square feet at a density of approximately 1.7 units per acre. Lot sizes range from a maximum of 42,906 square feet to a minimum of 13,545 square feet. All of the lots meet the minimum requirements of the R1-13.5 zoning district with the following lot frontage exceptions: Block 1, Lots 4 and 5; Block 2, Lots 22 and 23; and Block 3, Lots 3, 7, 8, 19, 20. Lot frontages on these proposed lots range from a minimum of 70 feet to a maximum of 80 feet. According to the proponent, all of the lots meet the requirement of an 85-foot lot width at the building setback. Staff has examined the lot frontages on the adjacent lots and has calculated that six of the variances could be eliminated with the re-adjustment of lot lines. Plans shall be revised to reflect minimum lot frontages on all of the lots with the exception of Lots 3, 7, and 8, Block 3. Access The proposed subdivision is designed to be accessed through the extension of Evener Way with an appropriate connection made to the future Dell Road extension. The primary street through the project will be developed at a 60-foot right-of-way with a 50-foot right-of-way minor loop road servicing the lots adjacent the protected wetland. Because Evener Way has been designed as a collector street, a 30 MPH design speed is required. This would require that all curves have a 300-foot minimum radius. The current plan depicts a radius less than 200 feet. A major revision in the plan is expected because of this requirement. At this time, access to this site is non-existent. Neither Dell Road nor Evener Way The Ridge 2nd Addition 3 May 8, 1987 is constructed to the property although West 184th Avenue is currently being constructed by the City of Chanhassen to Hidden Lane. For a number of reasons including traffic management and public safety, Staff is recommending that no development take place within this subdivision until a connection can be made to Dell Road and or Evener Way. It is the proponents intention to petition for the construction of both streets. As part of the approval process in 1983 for the Crescent Ridge PUD, the developer provided a traffic study detailing the expected trip generation, trip distribution, and trip assignment for the project. It also provided an overall traffic analysis. Because of the revisions proposed to the PUD, Staff would recommend that the developer provide a traffic study update prior to further Planning Commission review. Grading Because of the location of this site adjacent to the floodplain, the site slopes in a south and easterly direction from high points along the outer property line. High points exist in the corners at approximate elevations of 922 and slopes to a low point of approximately 874 along the rear lot lines of Block 3. Based on the proposed grading plan, the majority of the site will be graded; however, an approximate cut and fill balance has been calculated. Maximum cut on the site is approximately 23 feet and is located within the center portion of the site with approximately 8 feet of fill adjacent to wetland area. Even though a majority of the site is being graded, the proposed contours try to follow the natural contours of the site. The tree inventory depicts a total of 133 trees in this area; none of which are being removed in conjunction with this project. Utilities Water and sanitary sewer service is available to this site through connections made to an existing watermain located within the Apple Groves Addition while sanitary sewer is provided through a temporary lift station located within this project and forced to a lift station located in the City of Chanhassen. If this is not possible, an alternative will be determined prior to Planning Commission review (see attached letter). The water system is looped through the site with extensions made to the south property line and to the north property line where connections can be made to extensions in the future. There is also a sanitary sewer extension which is being provided to the southern property line . Because of location, storm water run-off from the adjacent neighborhoods is directed towards the protected wetland. There is a 20-inch, 36-inch, and a 42-inch storm sewer system located on the north and west sides of this site. These storm sewer pipes have been designed as an integral part of the overall storm sewer system within this area. On-site storm water runoff is designed to be collected within a catch basin system with the ultimate discharge into the wetland area. These plans shall be subject to review by the Department of Natural Resources, Riley-Purgatory Creek Watershed District, and City Engineer. Pedestrian Systems As part of this project, a five-foot wide concrete sidewalk shall be extended along the proposed extension of Evener Way with a connection made to Dell Road and an eight-foot bituminous trail extended from the eastern property line to the southern The Ridge 2nd Addition 4 May 8, 1987 4[ property line around the protected wetland. A 20-foot easement will be required along the protected wetland for this trail. Summary Because of prior approvals on this property, the proponent is requesting a number of changes including a Comprehensive Guide Plan Change from Public Open Space and Industrial to Low Density Residential and a Zoning District Change from I-General to R1-13.5. The City, in their approval of the Donnay's Round Lake project, essentially designated the subject property to the west for some type of residential land use. The proponent is providing a single family subdivision zoned R1-13.5 for 70 lots. This subdivision meets all the requirements of the R1-13.5 zoning district with the exception of lot frontage. The proponent can eliminate the majority of these variances, which is recommended. Other required revisions include the redesign of the Evener Way extension to a 30 MPH design speed which is expected to cause a major plan revision and a determination of the appropriate sanitary sewer alternative. In addition, Staff is recommending that the proponent not be allowed to develop on this site until a connection can be made to either future Dell Road extension or Evener Way. Because of the revisions required, Staff is not in a position to recommend approval at this time but would suggest a two-week continuance to allow the proponent adequate time to respond to Staff and Planning Commission concerns. These revisions are as follows: 1. Design the Evener Way extension with a minimum 300-foot curve radius. 2. Revise the plans to reflect the minimum lot frontage required in the R1-I3.5 zoning district on all lots. 3. Determine the appropriate sanitary sewer alternative and receive Engineering approval. 4. Revise the plans to depict the continuation of the 5-foot concrete sidewalk and 8-foot bituminous trail. 5. Submit a petition for the construction of Dell Road and Evener Way. No development shall be allowed until either Dell Road or Evener Way is constructed and the other road "in progress". • 6. Submit a traffic study update. JJ MINUTES EDEN PRAIRIE PLANNING COMMISSION Tuesday, May 26, 1987 City Council Chambers 7:30 p.m. MEMBERS PRESENT: Acting chairperson, Julianne Bye, Christine Dodge, Douglas Fell, Robert Hallett (9:20 p.m.), Chuck Ruebling MEMBERS ABSENT: Chairman Ed Schuck, Rich Anderson STAFF PRESENT: Michael Franzen, Senior Planner; Donald R. Uram, Assistant Planner; Lois Boettcher, Substitute Recording Secretary Pledge of Allegiance—Roll Call I. APPROVAL OF AGENDA MOTION: Motion was made by Dodge, seconded by Ruebling, to approve the agenda as printed. Motion carried 4-0-0 II. MEMBERS REPORTS None III. MINUTES MOTION: Motion was made by Ruebling, seconded by Dodge to approve the minutes of the May 11, 1987 Planning Commission as printed. Motion carried 3-0-1 (Dodge abstained) IV. DEVELOPMENT PROPOSALS • A. THE RIDGE 2ND ADDITION by Dirlam Development. Request for Comprehensive Guide Plan Change from Industrial to Low Density Residential on 6.7 acres and from Public Open Space to Low Density Residential on 12.2 acres, Planning Unit Development Concept Amendment on 41.5 acres, Planned Unit Development District Review on 41.5 acres with Zoning District Change from I-Gen to R1-13.5 on 37.7 acres with variance, Preliminary Plat of 41.5 acres into 70 single family lots, one outlot and road right-of-way. Location: West of Evener Way, South of the Chicago, Milwaukee, St. Paul and Pacific Railroad. A continued ( public hearing. Planning Commission Minutes 2 May 27, 1987 Planner Uram introduced Dennis Dirlam of Dirlam Development and explained that this item was continued from the last meeting. Since that time, the developer has made revisions to the plan. Staff's major concern is road access and they feel it is necessary that one of the two roads, Dell Road or Evener Way, already be constructed and the other be under construction, before building permits are issued. Other items on which staff requested revisions before final review were design of Evener Way extension with a minimum 300 foot curve radius, revision of plans to reflect the minimum lot frontage required in the R1-13.5 zoning district on all lots, determine the appropriate sanitary sewer alternative and receive engineering approval, revision of plans to depict the continuation of the 5 foot concrete sidewalk and 8 foot bituminous trail and submission of a traffic study update. Mr. Dirlam reported that after meeting with Gene Dietz, the center line curve radius at the intersection of Dell Road and Evener Way has been increased from 115 feet to 230 feet. To determine the impact the development would have on traffic, a study was done and it was determined that this development reduced the number of trips from 1910 to 1430. In addition, six variances from lot frontage were eliminated and the number of lots has been reduced from 70 to 69 because of the redesign of the roadway. The sanitary sewer proposal has been changed to utilize a lift station in this project with a force main connection to an 8 inch sanitary sewer line on Evener Way. The grading plan has been altered slightly and any trees removed will be subject to 100% replacement by the developer. Petitions will be submitted for the construction of Dell Road and Evener Way and the developer will submit a landscape plan prior to Council review. Chairman Bye asked for questions from the Planning Commission. Fell referred to the letter from Police Captain Clark and the crime prevention specialist and asked if all safety related items have been addressed. Planner Uram stated that the major concern regarding safety in this development are access points. Fell asked if it is unusual for have a development reviewed by the city police. Planner Uram answered that in this case, staff asked the police to provide their input and added that no construction could be done until Dell Road and Evener Way are constructed. Fell said he feels it is a good idea to get input from the police on crime prevention and safety. Ruebling asked if the 300' curve radius versus the 230' curve radius will require a variance. Planner Uram said it will not require a variance and was suggested by Gene Dietz for this particular case only. Chairperson Bye asked for questions or comments from the audience. There were none. Planning Commission Minutes 3 May 27, 1987 Mr. Dirlam commented that he would like to be able to continue working with staff to obtain access for this development, as a number of homes will be completed by the winter months and he would like occupancy to be possible by this time. Planner Uram said that staff will continue to work with Mr. Dirlam on access points. MOTION 1: Motion was made by Dodge to close the public hearing. Ruebling commented that the only problem with the extension of Evener Way is the sewer system connection. Planner Uram said that this problem has been solved through the connection in Lorence Way. Evener Way may or may not be a problem, but this will be addressed at the City Council level. The motion was seconded by Fell. Motion carried 4-0-0 MOTION 2: Motion was made by Dodge, seconded by Fell, to recommend to the City Council approval of the request of Dirlam Development for Comprehensive Guide Plan Amendment from Industrial to Low Density Residential on 6.7 acres and from Public Open Space to Low Density Residential on 12.2 acres, for the Ridge 2nd Addition, based on revised plans dated May 15, 1987, subject to the recommendations of the Staff Report dated May 22, 1987. Motion passed 4-0-0 MOTION 3: • Motion was made by Dodge, seconded by Fell, to recommend to the City Council approval of the request of Dirlam Development for Planned Unit Development Concept Amendment on 41.5 acres for the Ridge 2nd Addition, based on revised plans dated May 15, 1987, subject to the recommendations of the Staff Report dated May 22, 1987. Motion passed 4-0-0 MOTION 4: Motion was made by Dodge, seconded by Fell, to recommend to the City Council approval of the request by Dirlam Development for Planned Unit Development District Review with variances and Zoning District Change from I-Gen to R1-13.5 on 37.7 acres for the Ridge 2nd Addition, based on revised plans dated May 15, 1987, subject to the recommendations of the Staff Report dated May 22, 1987. Motion passed 4-0-0 Planning Commission Minutes 4 May 27, 1987 MOTION 5: • • Motion was made by Dodge, seconded by Fell, to recommend to the City Council approval of the request of Dirlam Development for Preliminary Plat of 41.5 acres into 70 single family lots and one outlot, for the Ridge 2nd Addition, based on revised plans dated May 15, 1987, subject to the recommendations of the Staff Report dated May 22, 1987. Motion passed 4-0-0 APPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION May 18, 1987 V. DEVELOPMENT PROPOSALS A. The Ridge 2nd & 3rd Additions Refer to staff reports dated May 8, 1987. Dennis Dirlam was present at the meeting to give a brief summary on these two proposals. The Ridge 2nd Addition is a single family subdivision of 70 lots located on the Eden Prairie/Chanhassen line. The site consists of 41 acres of which 9.41 acres are wetland and will be dedicated to the City. There are trees located in the southwest corner of the site. Dell Road will be extended into this project and the City of Chanhassen is constructing W. 184th Ave. to Hidden Lane. The trail system will eventually go around the wetland area. Cook asked why there is a difference in the drawings that were included in the packets and those handed out at the meeting. Lambert said some street radius turns have changed. Dirlam went on to say that the changes were requested by staff and sidewalks will be extended on the south side of Evener Way. Cook said there was no reference to the payment of cash park fees in the staff report. Lambert said this was an oversight. MOTION: Cook moved to approve Ridge 2nd Addition per staff report nc uding the payment of park fees. Gonyea seconded the motion and it passed 5-0. Dirlam said Ridge 3rd Addition includes the same wetland area as Ridge 2nd Addition, but in the southeast portion. The north-south street will be extended and a walkway will lead to the wetland area. The site was primarily pasture and there are steep grades going down to the wetland area. It will be necessary to remove some trees in order to put in the street. Cook asked why there is a discrepancy in the amount of tree replacement as stated by staff and by the developer. Dirlam said some trees are considered marginal, so the City is including them in the number to be replaced and the developer is not, although they will replace them if necessary. MOTION: Gonyea moved to recommend approval of Ridge 3rd Addition per staff report. Baker seconded the motion and it passed 5-0. On call for discussion, Cook asked if there is a park to serve this area. Lambert said Hidden Ponds is within one mile of the development along with the west side of Round Lake. l4J CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-169 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 Amoco Oil Company for development of Amoco Service Station for 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 0.94 acres located at the southeast corner of Shady Oak Road and Crosstown Highway #62, be modified from Low Density Residential to Community Commercial. ADOPTED by the City Council of Eden Prairie this 16th day of June, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk { 1i Cc! CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-170 RESOLUTION APPROVING THE PRELIMINARY PLAT OF AMOCO SERVICE STATION FOR AMOCO OIL COMPANY BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Amoco Service Station for Amoco Oil Company, dated April 24, 1987, consisting of 0.94 acres into one lot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 16th day of June, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 1 STAFF REPORT TO: Planning Commission FROM: Michael 0. Franzen, Senior Planner HR UGH: Chris Enger, Director of Planning GATE: May 22, 1987 PROJECT: Amoco Service Station LOCATION: Southeast quadrant of the intersection of Crosstown Highway and Shady Oak Road APPLICANT: Amoco Oil Company FEE OWNER: Hennepin County REQUEST: 1. Comprehensive Guide Plan Change from Low Density Residential to Community Commercial on 0.94 acres. 2. Zoning Oistrict Change from Rural to Commercial Highway on 0.94 acres. 3. Preliminary Plat of 0.94 acres into one lot. Background ( -' • - � I -- The Comprehensive Guide Plan depicts : O I this site as a Low Density Residential land use. The Guide I C-HW IN :•;-•: Plan depicts surrounding land uses ice, as Crosstown Highway to the north; =" PROPOSED SITE Office to the east and south of theIL__ g site; and, Medium Density and Low `•i' �rj.' Oensity Residential to the west of Is tip OFC the site. The site is currently �.. ' zoned Rural. j � Comprehensive Guide Plan Change =. �0 .' • - 4 1 ti:' The request for Guide Plan Change a 1,� from Low Oensity Residential to ~1 y Community Commercial does not111 represent an increase or decrease in • R�'� rJ � i'2. ink the balance of land uses in the �� Ilk community both residential or commercial. Rather it represents an / exchange of a previously approved comm a ercial zoning for an Amoco Oil , AREA LOCATION MAP Amoco Service Station 2 May 22, 1987 Station to the west of Shady Oak Road for the current site. The property for which the Guide Plan is being requested is currently owned by Hennepin County and would not be developed as Low Density Residential but utilized for right-of-way purposes for the Crosstown Highway and does not represent an actual loss of residential land. The current approved Amoco site (to the west of Shady Oak Road) is being condemned by the County and would be retained as road right-of-way. Site Plan The site plan depicts the construction of a convenience store, gas pumps, and car wash totalling 1,612 feet of building area at a Floor Area Ratio (FAR) of 0.04. Conmercial Highway zoning would permit up to a 0.02 FAR. Parking requirements for a building of this size would be six parking stalls. Six parking spaces are provided on-site. Two driveway access points are proposed off the frontage road. The driveway widths should be reduced from 32 feet to 30 feet to meet the ordinance maximum for driveway width. Grading This site is a small hill that will be cut approximately eight feet to provide a level area for building development. To better screen the parking areas from the surrounding roadway system, it is reconmended that berming be provided on-site according to Attachment A. Architecture The proposed one-story convenience store and car wash will be constructed out of face brick, glass, and metal panel. The architecture is the same as the convenience store and gas station at Anderson Lakes Parkway and Highway #169. Rooftop mechanical screening must be architecturally integral with the building and be changed from wood to metal panel. Landscaping The landscaping requirement for this site is based upon a caliper inch requirement based on building square footage and screening of the parking areas and the gas pumps from the adjoining roadways. Additional and larger plantings are necessary to augment the berming depicted on Attachment A to better screen the parking areas. The minimum shade tree size should be three inches and the minimum conifer size should be eight feet. The net effect of the additional berming and plant materials would be similar to the landscaping approved for the Amoco site on Anderson Lakes Parkway and Highway #169. Lighting A lighting plan has been submitted which depicts P pole lighting around the site perimeter. This lighting should be a maximum of 20 feet high and downcast cut-off luminars. No lighting plan has been provided for the canopy. In order to minimize off-site glare, it is recommended that the lights be recessed into the canopy or the side panel of the canopy could be extended down, which in effect, also provides for recessed lighting. Amoco Service Station 3 May 22, 1987 Utilities Sewer and water service is not immediately available to this site. The proponent and the adjoining property owner to the south (Honeywell) will petition the City of Eden Prairie to have the sewer and water service extended to both sites. Storm water run-off is proposed to sheet drain across the parking lot into a catch basin in the southwest corner of the site. From this point, water will be discharged into a drainage ditch within County road right-of-way. Accessory Structures A trash receptacle is proposed along the north property line. The enclosure should be constructed out of face brick to match the building. Signage One free-standing pylon sign is proposed in the northwest corner of the site. The sign is proposed to be 20 feet high and 88 square feet in total sign surface. The sign must be revised to meet the ordinance maximum of 80 square feet for sign surface. The sign must also be relocated to meet the minimum setback requirement of 35 feet from the Crosstown Highway and Shady Oak Road. No signage is proposed on the canopy or the building. Prior to Council review, the proponent must submit a signage program for the canopy and the building. Frontage Road Upgrading The current plans for the Crosstown extension do not provide of the service road. The service road is entirely within County right-of-way. Atng some point in the future when the balance of land use is developed to the south as office, it can be anticipated the traffic volumes would be high enough to warrant additional upgrading of this roadway from its current two-lane condition. As a condition of approval of this project, the proponent should enter into an assessment agreement with the City/County to pay for their proportionate share of the costs of the upgrading of the frontage road to handle the amount of traffic. STAFF RECOMMENDATIONS Staff would recommend approval of the request for Comprehensive Guide Plan Change from Low Density Residential to Community Commercial, Zoning District Change from Rural to C-Highway and Preliminary Plat of 0.94 acres into one lot, based on plans dated April 24, 1987, subject to the recommendations of the Staff Report, dated May 22, 1987, and subject to the following conditions: 1. Prior to Council review, proponent shall: A. Modify the Grading plan to depict berming as shown on Attachment A. B. Modify the landscape plan to provide additional plantings where shown on Attachment B. C. Revise the site plan to reduce the driveway widths from 32 feet to 30 feet. Amoco Service Station 4 May 22, 1987 f D. Submit a lighting plan for the canopy for review. E. Modify the site plan to relocate the pylon sign to a 35-foot setback and reduce the signage square footage surface to 80 square feet maximum. Submit a signage program for the building and the canopy for review. 2. Prior to Final plat approval, proponent shall: A. Submit detailed storm water run-off, erosion control plans and utility plans for review by the City Engineer. B. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. 3. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Notify the City and Watershed District 48 hours in advance of grading. C. Obtain necessary entrance permits from the Hennepin County Highway Department. D. Submit samples of proposed exterior building materials for review. E. Submit plans for review by the Fire Marshal. 4. Proponent shall enter into a Special Assessment Agreement with the City/County for eventual upgrading of the frontage road to handle potential future traffic generated from this site and adjoining land uses. . . ___::...,_. __--- '.., ___ \ \/// I . \ t ' I . .._•0•1, B.' I e. ss \ 0• / z \ \ \ \ \4. *V- . \b.. ' • %(°>7 0'3 ..._1 II \t. / ' ...,... A 0•6. \-b, 0. ._ I 4. -..,.. . .., .11 *A.10. N.,$ -.............. ............„ .. /,/,›-' ' ..•V 04' ..•,;(0..N.,.. / / / 7 N 04/)1,. \Ni4. .,:--- Q. N4N,,, 1 MI\ , * I N \ II ( 1 ' 'lb .,„\\ *•,„, , ... \ 1 ...,.., ..,\ , \ \ • , i \ . \ . , \ ..,, , \ 1 Doming ;:.? .:•....; • ...---. 2 Attachment A a _ F. °ii ' a�00 0-. frn 1 >)p° 0. 4,A N 0 ../ Dili,Oy. ,. Ose§ .. /11'014 .P S y11/r, y,... % m�,�� / yy. Ce rn�b��i �qlh� �.. o `e 4A�.ce .^.\ dg.' ° `emu! \'4 Oftg• 1-N <. \ z1,: ._4) _ :lit ('SAIrt. to ) = il. '0° t '.%.404"*.' ri 0 Rj to ii "� w • $ *g ... / ' o s.,-/ / __6.., n w�v °Ae' 0 u:-. (AT 10 p rn •`•(Iom _. O= \\ . F 4 ' A WA, fir/ `V/� =1U/ 0 %' "T �.VAN ,;1 _ ^� po''I`='D� 0 • 4.)- ... :3!,,.. alio 8 ,2 3" Shade Tr 8 D > I A OO O C FR m O a I P ., 8' Conifer �A g�\� rn (.11 7‹ , ' \ \ Landscaping �u� I Attachment B 1 • Planning Commission Minutes 12 May 27, 1987 F. AMOCo SERVICE STATION, Amoco Oil Company. Request for Comprehensive Guide Plan Amendment from Low Density Residential to Community Commercial on 0.94 acres, Zoning District Change from Rural to C-Highway on 0.94 acres, and Preliminary Plat of 0.94 acres into one lot. Location: Southeast corner of Shady Oak Road and Crosstown Highway #62. A public hearing. Planner Franzen introduced Mr. Jim Phillippe who reviewed the development plan. Mr. Phillippe reported that the county has changed their plans regarding intersection alignment and the original site is being condemned for right-of-way. He said the building will be identical to the one on Anderson Lakes Parkway and will be constructed of glazed brick with a mansard. The reason for the 32 foot driveway width is to allow for the turning radius of semis. Mr. Phillippe asked for consideration on height of landscaping in order that vehicles passing by will be able to see the sign. He added that the developer has no problem with staff's recommendations on lighting, rooftop mechanical screening or assessments. Planner Franzen said that revisions have been made on the grading and landscape plan and requested that the developer present turning radius data in order for staff to consider the wider driveway. He added that the sign must be revised to meet minimum setback requirements and the ordinance for size of sign surface. A special assessment agreement will be required for eventual upgrading of the frontage road. MOTION 1: Motion made by Ruebling, seconded by Dodge, to close the public hearing. Motion passed 5-0-0 MOTION 2: Motion made by Ruebling, seconded by Dodge, to recommend to the City Council approval of the request of Amoco Oil Company for Comprehensive Guide Plan Amendment from Low Density Residential to Community Commercial on 0.94 acre, based on plans dated April 24, 1987, subject to the recommendations of the Staff Report dated May 22, 1987. Motion passed 5-0-0 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-171 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 R.M. Feerick & Associates for development of Legion Park for 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 2.9 acres located east of County Road #4, north of the Chicago and Northwestern Transportation Railroad be modified from Industrial to Community Commercial. / ADOPTED by the City Council of Eden Prairie this 16th day of June, 1987. 0 Gary D. Peterson, Mayor ATTEST: John 0. Frane, City Clerk t CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-172 RESOLUTION APPROVING THE PRELIMINARY PLAT OF LEGION PARK FOR R.M. FEERICK & ASSOCIATES BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Legion Park for R.M. Feerick & Associates, dated June 10, 1987, consisting of 9.33 acres into 3 lots and 1 outlot with variances to be reviewed by the Board of Appeals for construction of a 14,400 square foot building, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 16th day of June, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk oa4�• STAFF REPORT TO: Planning Commission FROM: Donald R. Uram, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: May 22, 1987 PROJECT: The Legion Park Addition LOCATION: North of Easy Street, east of County Road #4 APPLICANT: R.M. Feerick Associates/Eden Prairie American Legion Post #4D9 FEE OWNERS: Thompson Lumber Company American Legion REQUEST: 1. Comprehensive Guide Plan Change from Industrial to Cormiunity Commercial on 2.9 acres. 2. Zoning District Change from I-2 and I-General to Cormiunity Commercial on 2.9 acres. 3. Preliminary Plat of 9.33 acres into three lots, one outlot, with variances to be reviewed by the Board of Appeals and road right-of-wa . _ *CO II � . C-COM •� � ��.t� �� Background I4 In, This site is currently designated onl! 1 �1K1'�'t.Alir.. .��/ the Eden Prairie Comprehensive Guide n Plan for development as Industrial',\ : IC�I� ©, r�®� land uses. Adjacent properties are' . 'J � guided for Low Density Residential -, �wi �* to the north and south " ;-.....;;.; ' ,.;,„ �f. Secondary/Vocational School to the '`>: `� ® ,1 k) east, and Medium Density Residentia-Sq{ 1 R 24 .111W1 ''.'Are 4 4/4 to the west. Specific land use. ♦ I •� , include the Lincolnwood Addition ip �� f. , ,• .:,, zoned R1-22, and the Moore house tc f6 / , the north; Chicago and Northwester`..0 in ' . Railroad to the south; Eden Prairi • .; •' •. p • u,, T / bus garage and Central Middle School'�5�� - ' to the east; and, County Road #4 an ®e �c® 2 ' the Lake Park Addition, zoned RM-6.N / .;: PROPOSED SITE to the west. ,r.$.57 . . —=/1` hms / I . . .V w1b , :::;:. 'AREA LOCATION MAP c Legion Park Addition 2 May 22, 1987 Comprehensive Guide Plan/Zoning District In reviewing the Comprehensive Guide Plan Change from Industrial to Community Commercial on this piece of property, the following factors were taken into consideration including the current Comprehensive Guide Plan designation, the length of time that the American Legion Post has been in this location, and the effect on the adjacent properties. The American Legion Post received a building permit in 1953 and has been at this location approximately 34 years. The replat, Guide Plan Change, and Zoning District Change for this piece of property would allow the American Legion Post #409 to go from a non-conforming use to a permitted use within the Community Commercial Guide Plan and zoning classification. It should be noted that the American Legion was a permitted use within the I-2 zoning district prior to 1982. Preliminary Plat The preliminary plat depicts the subdivision of a 9.53-acre tract into three lots, one out lot, and road right-of-way for County Road #4. Lot size breakdown and minimum zoning requirements are as follows: Proposed Size Width Depth Lot 1 (I-2) 1.6 acres 249.35 298.74 Lot 2 (I-Gen) 4.5 acres 570 384 Lot 3 (C-Com) 2.9 acres 400 25D Required Size Width Depth Lot 1 (I-2) 2 acres 200 300 Lot 2 (I-Gen) 5 acres 300 300 Lot 3 (C-Com) 5 acres 300 300 Based on these figures, five lot variances are required. In addition, it is required that lots in all districts except the RM districts shall be required to have frontage on a public street. Lot 2 fronts onto the private drive only and will require a variance. A total of 4.64 acres is within the I-2 zoning district and 4.93 acres within the I- General zoning district. Although the I-General zoning does not meet the current minimum requirements, alternative lotting configurations are possible for the industrial areas in order to meet the minimum requirements. This could include the combination of both lots into one and the rezoning to one zoning classification. Site Plan At this time, the American Legion site plan is the only one being reviewed. The industrial lots do not have any specific plan proposals at this time. Because of this, Staff would recommend that any future development plans for these two lots be I Legion Park Addition 3 May 22, 1987 required to go through the site plan review process with the Planning Commission and City Council. The American Legion building, containing approximately 14,300 square feet, is designed as a two-level structure and will be located within the center portion of the 2.9-acre site. The FAR has been calculated at 11.3X while the maximum allowed in the C-Commercial zoning district is 40X. They are proposing a total of 535 seats within a banquet area and restaurant which would require 178 parking stalls, based upon 1 parking stall per 3 seats. There are 182 parking stalls being provided on- site. Their proposal is to continue to operate in the existing American Legion building which will be demolished as soon as occupancy is granted within the new building. With the exception of lot size and depth, the proposed site plan meets the minimum requirements of the C-Commercial zoning district including setbacks, Floor Area Ratios, and parking. Access to this site will be provided by a private cul-de-sac located off County Road #4. The private road will be designed to City standards and the location meets the approval of Hennepin County. Util ities Water and sanitary sewer services will be available to this site through connections made to a 16-inch watermain located within Miller Park Road to the west of the subject property and a sanitary sewer line located within the Lincolnwood Addition to the north. Extensions will be made from these properties to service the three new lots. As part of the overall storm sewer system, there is a catch basin located within the private drive with a 12-inch storm sewer pipe depositing storm water run-off into a holding pond located in the southern corner of this site. This will be further released into a wetland area adjacent to Scenic Heights Road. The plans shall be reviewed by the Engineering Department and Watershed District to determine their adequacy. Grading 8ecause no site plans have been submitted for the Industrial lots, grading will primarily be limited to that area of the American Legion Post #409. There is an existing high point at the 898 contour elevation in the northeast corner of the site to a low point elevation of 880 in the south corner. The site slopes in a southerly direction with the majority of the site being graded. The grading plan depicts the proposed berm along County Road #4 which ranges in height from 4 to 6 feet. 8ecause the site slopes in a north and easterly direction, views into the site are evident. Staff is recommending that the proponent raise the berm to allow for further screening of the parking area. In addition, the berm within the large center island shall also be raised to help screen the parking area. Landscaping The proposed landscape plan meets the minimum caliper inch requirement per Ordinance. In addition to raising the berm heights, Staff would recommend that additional evergreen trees be planted along the berm adjacent to County Road #4 and Legion Park Addition 4 May 22, 1987 within the center portion of the site to help screen the parking areas. Based upon the tree inventory, one, 20-inch Green Ash will be subject to 100% tree replacement. Architecture The American Legion has been designed as a two-level building with a dining room and bar on the upper level and banquet facilities on the lower level. The southwest elevation, which faces County Road #4, will be the two-story portion of the building. Primary building materials include facebrick, glass, metal fascia, and rock face block. Within the C-Commercial zoning district, 75% of the exterior building material shall consist of materials comparable in grade or quality to facebrick, natural stone, and/or glass. The proposed building meets the building material requirements. Staff would recommend that the proponent submit building material samples and colors prior to Council review. Pedestrian Systems As part of the development of the American Legion, there is a sidewalk proposed along the private road with connections to the American Legion and also to the existing trail located along County Road #4. Signage and Lighting The proponent will be required to provide signage details prior to permit issuance. All signage shall meet the requirements of the Eden Prairie City Code. Parking lot lighting will be accomplished by full mounted fixtures with the maximum height of 20 feet. The proponent shall submit information to determine whether any off-site glare will be visible. STAFF REC0MlENDATIONS Staff would recommend approval of the request of the Comprehensive Guide Plan Change from Industrial to Community Commercial on 2.9 acres, Zoning District Change from I- 2 and I-General to Community Commercial on 2.9 acres, and Preliminary Plat of 9.33 acres into three lots, one outlot, and road right-of-way, with variances to be reviewed by the Board of Appeals, based upon plans dated April 28, 1987, and Staff Report dated May 22, 1987, and subject to the following conditions: I. Prior to Council review, proponent shall: A. Revise the grading to reflect maximum berm heights along County Road #4. B. Revise the landscape plan to reflect additional evergreen trees adjacent to County Road #4 to help screen views into the parking lot. 2. Prior to Final Plat approval, proponent shall: A. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. B. Submit detailed storm water run-off, erosion control, and utility plans for review by the City Engineer. Legion Park Addition 5 May 22, 1987 C 3. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Notify the City and Watershed District at least 48 hours in advance of grading. C. Stake the proposed grading limits with an erosion control fence. Any trees lost outside of the grading area shall be placed on an area-inch per area-inch basis. 4. Prior to the development on the remaining industrial parcels, the proponent will be required to go through a site plan review process by the Planning Conmission and City Council. 5. Apply for, and receive approval from, the Zoning Board of Appeals for the variances identified within the Staff Report. • Planning Commission Minutes 9 May 27, 1987 E. LEGION PARK, by R.M. Feerick & Associates. Request for Comprehensive Guide Plan Amendment from Industrial to Community Commercial on 2.9 acres, Zoning District Change from I-2 to Community Commercial on 2.9 acres, and Preliminary Plat of 9.33 acres into 3 lots and 1 outlot with variances to be reviewed by the Board of Appeals for construction of a 14,400 square foot building. Location: East of County Road #4, north of the Chicago and Northwestern Transportation Railroad. A public hearing. Planner Uram introduced Mr. Dick Feerick and Mr. Dan O'Brien, architect for the developer. Mr. Feerick said the design is within existing zoning requirements and the best solution for the site is a consolidated access from County Road 4. He concurs with the staff report and recommendations. Dennis Bertrand, 18111 Priory Lane, Minnetonka, was present at the meeting representing the American Legion. Mr. Bertrand reviewed the goal of the American Legion which is service to the community, state and nation. He added that the town meetings used to be held at the Legion and the members have donated time, effort and financing for many worthwhile projects in Eden Prairie. He believes the new facility will better serve the City in the future. Mr. Bertrand added that the Firemen's Ball or other non-profit organizations could hold activities there. Mr. O'Brien said the American Legion is staying on its present site because they have been there for many years and the area has been serving them well. The site is being expanded adjacent to the railroad tracks. Mr. O'Brien reviewed the site plan for the building which will be a two story structure, the top floor being similar to the existing building with dining and drinking areas, room for large groups and a kitchen. The lower level will be used as a banquet area. The two levels will be separate and distinct with two different entrances and the Legion will • share an access with the adjacent property. Mr. O'Brien said the reason for a cul-de-sac here is the need for a wider street to accommodate Planning Commission Minutes 10 May 27, 1987 emergency vehicles and for ample circulation through the site. The parking lot will be set up to allow for turning radius of bus traffic and emergency vehicles. One of Staff's concerns is screening from County Road 4. Mr. O'Brien said that there is a large amount of green space in the middle of the parking lot, in the perimeter and around the building to screen the area from County Road 4. Landscaping will consist of a variety of coniferous trees and deciduous shrubs. Signage will be located on the building. Primary building materials include facebrick, glass, metal fascia and rock face block. Mechanical equipment on the building will be screened. Planner Uram asked for a review of the proposal for demolition of the existing building. Mr. O'Brien replied that the old building will remain in use while the new building is under construction. The upper level only will be ready for occupancy when the old building is demolished and then construction will be completed. Planner Uram added that the American Legion received a building permit in 1953 and has been at this location since then. Since 1982, the American Legion has been operating on a non-conforming use within the Indsutrial Zoning district. Staff requests that the developer revise the grading to reflect maximum berm heights along County Road 4, revise the landscape plan to reflect additional evergreen trees adjacent to County Road 4 to help screen views into the parking lot, that prior to development on the remaining industrial parcels, the proponent be required to go through a site plan review process with the Planning Commission and City Council and that they apply for and receive approval from the Zoning Board of Appeals for the variances as pointed out in the staff report. He added that staff is somewhat concerned with the parking lot lighting and how glare from these lights will affect residential areas. Fell asked what effect the larger group banquets would have on traffic. Planner Uram replied that a traffic study was not done. • Dodge commented that she likes the project and feels it will be a good addition to the community. The only problem is the traffic on County Road 4. Planner Uram said that improvements to County Road 4 should be done during 1988. Bye commented that most banquet functions will not be held during prime traffic time, but asked how many parking spaces will be on the site. Mr. O'Brien said that the number of parking spaces is based on the occupancy of the building which is 535 and is figured at a rate of three seats per car. He added that the building won't be fully occupied often and that they are confident with the amount of parking that will be provided. 1 • Planning Commission Minutes 11 May 27, 1987 Hallett asked if the Legion will be in competition with other businesses in Eden Prairie and if they have had any comments from them. Mr. Bertrand said that the Legion has worked well with the community and is not in competition with the other establishments. He added that the Legion believes in free enterprise and it is not their intent to undercut prices so other businesses cannot service Eden Prairie. Eden Prairie is growing and there is enough demand so other businesses will also do well. The Legion's principal income will not be derived from serving the public. Ruebling asked if staff is comfortable with the variances requested by the Legion. Planner Uram said that although I-General zoning does not meet standards at this point, there are possible alternatives for the industrial areas in order to meet minimum requirements. Ruebling asked if there would be appropriate commercial use for the adjacent property. Planner Uram said the property is guided Industrial. Bye commented that there is some industrial use already in the area. MOTION 1: • Motion was made by Dodge, seconded by Fell to close the public hearing. Motion passed 4-0-1 (Hallett abstained) MOTION 2: Motion was made by Dodge, seconded by Fell, to recommend to the City Council approval of the request of R.M. Feerick and Associates for Comprehensive Guide Plan Amendment from Industrial to Community Commercial on 2.9 acres for the Legion Park, based on plans and written materials dated April 28, 1987, subject to the recommendations of the Staff Report of May 22, 1987. Motion passed 4-0-1 (Hallett abstained) MOTION 3: Motion was made by Dodge, seconded by Fell, to recommend to the City Council approval of the request of R.M. Feerick and Associates for Zoning District Change from I-2 to Community Commercial on 2.9 acres for the Legion Park, based on plans and written materials dated April 28, 1987, subject to the recommendations of the Staff Report dated May 22, 1987. Motion passed 4-0-1 (Hallett abstained) ;a�'J Planning Commission Minutes 12 MOTION 4: Y 27, 1987 Motion was made by Dodge, seconded by Fell, to recommend to the City COuncil approval of the request of R.M. Feerick and Associates for Preliminary Plat of 9.33 acres into three lots and one outlot for the Legion Park, based on plans and written materials dated April 28, 1987, subject to the recommendations of the Staff Report dated May 22, 1987. Motion passed 4-0-1 (Hallett abstained) (_ • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-173 RESOLUTION APPROVING THE PRELIMINARY PLAT OF MAJESTIC OAKS FOR ALL-LAND CORPORATION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Majestic Daks for All-Land Corporation, dated April 24, 1987, consisting of 5 acres into 12 single family lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 16th day of June, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk We, the undersiE d, do petition the City o. :den Prairie to approve a cul de sac to end North Manor Road in the proposed Majestic Oaks development. HOMEOWNERS: • • 16800 North Manor Road 16660 North Manor Road RonnAnderson under construction • ace2-- 16640 North Manor Road vacant lot 16780 North Manor Road Jeff Lind en 16620 North Manor Road Jim • n Larry Russell Karen Russell (" 7 —r 16760 North Manor Road Jim Luhman Luhman 6803 North Manor Road Bernadette Luhman Scott Olson /1 Sandy Olson tila 4 _ / 1'l C%., ' tfi_//X / 16740 North Manor Road / Mark Lewis 16791 North Manor Road Corrine Lewis Norman Peterson Peggy Peterson i t&&/t C:c'u A :-0,..... t,, 4?-71_ 16720 North Manor Road Richard Fair 16769 North Manor Road Cathy Fair Bill Roth Deb e Ro j �%fi,, ,ccre. - • ; . � 16700 North Manor Road Larry Dougherty 16659 North Manor Road Jan Dougherty- Gary Mundahl 1 ' Carol Mundahl 16680 North Manor Road Jim Clark 16637 No h Manor Road Karen Clark Dennis Scheppmann Sue Schepp ann 14 We, the undersig. ,d, do petition the City of .6den Prairie to approve a cul de sac to end North Manor Road in the proposed Majestic Oaks Development. HOMEOWNERS: ir 16615 North Manor Road 6490 168th Avenue West Ken Volker Steven Schultz Jan Volker y Millie Sc Keh 11otEr • 6601 168th Avenue West 6 01 West 168th Ave ue West Jerry Moot Robert Blunt Nancy Moot Joann /B1 nt''n 7Z2- )71,-441-if lag_444.1- 6560 1 th Avenue West John Neiderhiser Norma Neiderhiser /7.-A z e v 6530 168th Avenue West John Stenson Carla Stenson 6580 168th Avenue West Dennis Kelly Kathy Kelly 6510 168th Avenue West D. L. Rekoski Odeen kekoski ( 1 STAFF REPORT f, TO: Planning Commission FROM: Michael D. Franzen, Senior Planner ¶HROUGH: Chris Enger, Director of Planning DATE: June 5, 1987 PROJECT: Majestic Oaks Subdivision LOCATION: Between North and South Manor Drive, east of 168th Street APPLICANT: All-Land Corporation FEE OWNER: Robert and JoAnne Blunt REQUEST: 1. Zoning District Change from Rural to R1-13.5 on 5 acres. 2. Preliminary Plat of 5 acres into 12 single family lots. i abl.MOOt D1ST. 272 Background / ti MC1ti . IA 9.5 This is a continued item from the - i « � t ♦,��� May 26, 1967, Planning Commission 'p '�L: meeting. The Planning Commission i4 had previously directed the CityR1- v. ,4, : :. CIA■■1• �\ _1 . Staff to confer with Public Safety � ii1 ,a. ' about access and safety issues. 1' i . " '. Included with this report are memos .: .. • �. y*�r�p ems. from Keith Wall, Director of Public =MIN \{�..�. �4 �.j►`.` Safety; Phil Mathiowetz, Fire is pi I:: 4. ♦♦ • Oil;" �� ,+;.�♦�I I W late44 es.. STAFF RECOMMENDATIONS = •_ = `♦♦.♦A"! Rt,�t ,� we& The Staff would recommend approval =� : ....=7, ai y�- R ., of the request for Zoning District = it. • x IRS Change from Rural to R1-13.5 and : - a?trn III v PROPOSED SiTE Preliminary Plat of 5 acres for a I i Ream m/ �� ++n, single family subdivision with I� i �y�d. � through road connection to the south v�j i or a loop road connection through WI'', 1,�, R1-13.5 this site to 168th Street, based on recommendations in the Staff Reports i ■ dated May 22, 1987, and June 5, ,; ,`'-0°' 1987, subject to the following P conditions: ouc 915� Kr �1 f /, AREA LOCATION MAP Majestic Oaks Subdivision 2 June 5, 1987 1. Prior to Council review, proponent shall: A. Modify the preliminary plat to depict a through street connection to the south or to 168th Street. In addition, the plat should be modified to depict an 8-foot wide bituminous trail along the east side of 168th Street. The water main should be looped back to 168th Street. 2. Prior to Final Plat approval, proponent shall: A. Submit detailed storm water run-off, erosion control, and utility plans for review by the City Engineer. B. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. 3. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Notify the City and Watershed District at least 48 hours in advance of grading. C. Concurrent with site development, proponent shall construct an 8- foot wide bituminous trail along the east side of 168th Street. 11-1 4 C STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, Senior Planner HR UGH: Chris Enger, Director of Planning DATE: May 22, 1987 PROJECT: Majestic Oaks LOCATION: Between North and South Manor Drive, east of 168th Street APPL ICANT: All-Land Corporation FEE OWNER: Robert and Joanne Blunt REQUEST: 1. Zoning District Change from Rural to R1-13.5 on 5 acres. 2. Preliminary Plat of 5 acres into 12 single family lots. AQl,ppl GIST. 2 72 Background L" ����■••;.. • R R1=9.5r .k oe The Comprehensive Guide Plan depicts , .4'�+' ( this site as a Low Density - Citirk4;'„ _-•`*�Residential land use. The GuideTI �_ Plan depicts surrounding land uses R1- i1 411 frk� ;., ''�ri as Low Density Residential. I: f .4� 1 :�•'}.:;* .: a �a Preliminary Plat D p/ 'V P..i, The preliminary plat depicts the f ?1q[ All the lots meet the minimum lot — �� �s%%' 1• Mo11,2��y�4,g *- size and dimensional requirements 1m • M t!t�td! .:1"`t-� 'u �1 for the R1-13.5 zoning district. _nay, ma ......-44 a tea/ Surrounding densities are 1.9 units "°'•,-1�' "� NON \ per acre in the Purgatory Ridge ■�����Q��� MP PROPOSED SITE project to the north; 1.7 units per =El�i ��� 1 acre in the Coachlight Manor E•ii V"� ~**subdivision to the west; and, 2.5 'r -units per acre overall in the Timber 11�" i ® R�13.rJ Creek project to the east. Lots in ■• • Timber Creek abutting this site are ;min, 7 �a R1-13.5 lots at a density of 2.0 Alre'+• ' ' units per acre. '-ir+acAl 14 Kr �a' l 915 AREA LOCATION MAP 1 C Majestic Oaks 2 May 22, 1987 Access Three of the proposed lots will have direct access off 168th Street. The interior nine lots will have access off the extension of North Manor Road. This will result in a cul-de-sac length of 1,000 feet which exceeds the current ordinance maximum of 500 feet. When the property to the north was subdivided, it was contemplated that the road would loop through this property and the property to the south and eventually connect back out with 168th Street (see Figure #1). Staff has previously discussed with the proponent, two alternative ways of developing the property with a loop road connection back out to 168th Street. Alternative #1 is a nine-lot subdivision at a density of 1.8 units per acre with a road connection to the south. Alternative #2 is an eleven-lot subdivision at a density of 2.2 units per acre with a loop road connection back out to 168th Street within this site. Access onto 168th Street would be centered on a common lot line between two households on the west side of 168th Street. Sight vision distance on 168th Street is good based upon a 30 MPH design speed. The current proposal would require approximately 700 linear feet of road to be built as compared with 330 feet for Alternative #1 and 700 feet for Alternative #2. The City Engineer has reviewed the road alternatives and recommends that the road be looped back to 168th Street. Grading Overall grading proposed with the project is minimal and works with the natural contours of the land. Grading for Alternative #1 with a through road to the south would require approximately 15,000 cubic feet of fill. Grading with through road connection back out to 168th Street according to Alternative #2 would be minimal and the anticipated road grade would be at 4%. Utilities Sewer and water can be extended to this site by connection to existing sewer and water lines in North Manor Road directly north of this site. The Fire Marshal has reviewed this plan and recommends that the watermain be looped back to 168th Street. This site is part of an overall storm drainage network for the surrounding area. As part of the storm drainage plan for the area, a storm water pond will be required to be located on-site. This storm water pond would be a detention pond to handle storm water run-off during intense rainfalls, after which, the storm water would be discharged gradually over a longer time period through existing storm sewer pipes in the project to the north. Ponding will be required regardless of what development plan is approved for the property. Alternative #1 and #2 show ponding locations of approximately the same size as shown on the current proposal. Bikeways There should be an eight-foot wide bituminous trail constructed within the road right-of-way along the east side of 168th Street. The overall plan for the area depicts a need for an eight-foot wide bituminous trail along the east side of this Majestic Oaks 3 May 22, 1987 { roadway. The project to the north has recently installed the eight-foot wide bituminous trail. When the property to the south develops, the eight-foot wide trail would be extended to the south along 168th Street by this proponent adjacent to the current proposal. Conc lusions The Purgatory Ridge project to the north was approved with a variance from the maximum cul-de-sac length of 500 feet because it was contemplated that, at that time, this road would connect back out to 168th Street. The alternatives suggested by Staff represent ways in which this loop road connection could be made. The provision of a loop road through this site would also be consistent with City Council policy of no unneccessary cul-de-sacs and encouraging the connection of neighborhoods. Connecting the road through would also eliminate the need for the very unconventional loop proposed by the developer with a storm pond int the middle. STAFF RECOMMENDATIONS If the Planning Commission finds the current proposal for a 12-lot subdivision and cul-de-sac extension acceptable, then one alternative would be to recommend approval of the request for R1-13.5 zoning and Preliminary Plat of five acres into twelve lots based on plans dated April 24, 1987, and subject to the following conditions: 1. Prior to Council review, proponent shall: A. Modify the Preliminary Plat to depict an eight-foot wide bituminous trail along the east side of 168th Street and watermain loop back to 168th Street. 2. Prior to Final Plat approval, proponent shall: A. Submit detailed storm water run-off, erosion control, and utility plans for review by the City Engineer. B. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. 3. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Notify the City and Watershed District at least 48 hours in advance of grading. C. Concurrent with site development, proponent shall grade the property in accordance with the approved grading plan and construct an eight- foot wide bituminous trail along the east side of 168th Street. If the Planning Commission feels that the site should develop with a through road connection to 168th Street or to the site to the south, then another option would be to recommend the development plans be returned to the proponent for revisions. 1 ( ( ..: ,''• . -'i!--I,----,-, ::t. i : '' i '' k••• 3 I• .1 _70- •,.•14. i . - ( 1----- - .-_-_REMORAN .....i.. p i 1 -.- GOAiilletir t, • ,.„... ,,, , .„,,_,..k •,. P i •-• "i +V' -'7, I ..% A. ,'' ',...' :7- A 1..: •: •51'. 44 1.'. • i-, . ..:, ,, n :..i.;:- .. ..L' :: -;...2. • i;!..... - .... .,. ' . ..- :'::' ' 13 — , :-. A' ! i :*•I''',.7 *.' . ... . ....' .-- , -•—; '1- it i '.3 i '..i -.! .' 'I :„ •".1 7:•4 --•'...... .,.._----:. [ ; " ..—..,--,.--.—...' . .4. -TH' . '"• - • -,7 i 1- I 17.-1-.10,9. o' :',,,%A.,- .,.. ..,.:. . 4 ..• ; -;:.-. ...-'-...1, 71- ;. — _ ,, i itz .:c( \ ' 47,— :f v.0 p , 1 , 1 I 1 F f .7-0,c t) ! '-•-•I 1.; •-4. ''';:'.4..t*.ik Y a - : ' '-•..' i 1 ....z.f •4•1• -/t. ''1!!! 1" t1 Ftle'''',.. 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A public hearing. Planner Franzen introduced Mr. Steve Pellinen of Hanson, Thorp, Pellinen and Olson, civil engineering consultants for the developer. Mr. Pellinen explained that this development is an extension of Purgatory Ridge to the north. Mr. Pellinen discussed the rationale that was used to in developing the modified cul-de-sac including topography and drainage requirements. He added that there are other constraints on the site including the existing home and the barn which will be remodeled and 40 feet added on to the east side. It will then be converted into a home site. If road alignment ties into 168th St. to the west, it was found that the developer will only be able to obtain nine lots instead of the 11 referred to in the staff report. If the road is moved to the north, the developer will be able to get ten lots on the site. Planner Franzen explained that the subdivision to the north was origwhenlnally changesalled were maderindt Ridge, the development. changed He added that 9ator there are twoalternate ways to provide access with a road connection to the south to South Manor Road or up to 168th St. Franzen explained that current City Council policy is to eliminate unnecessary cul-de-sacs and to encourage the use of through streets and connection of neighborhoods. The issue is not the number of lots or density, but providing for good access and circulation. Franzen added that both the Fire Marshal and the City Engineer have reviewed this plan and recommended a through street. Planning Commission Minutes 6 May 27, 1987 Mr. Pellinen stated that the roadway should not be constructed so headlights shine into neighboring homes. He added that the ponding requirement is part of the overall drainage plan which covers 15 to 20 acres. One of the restrictions on the site is the detention pond and there are other restraints because of existing houses. Corrine Lewis of 16740 N. Manor Road told the Planning Commission that a petition was circulated in her neighborhood approving of the cul-de-sac in the Majestic Oaks development. All residents signed the petition with the exception of one who works for the City and did not feel it was appropriate to sign. Ruebling asked what the rationale is for the residents to feel so strongly in favor of a cul-de-sac. Ms. Lewis said that four policemen live on this street and they cited examples of three arrests recently which they feel could not have been done without a cul-de-sac. She added that the residents feel it is safer to live on a cul-de-sac since the traffic goes at a much slower rate of speed. Robert Blunt of 6501 W. 168th St. said that his street used to be peaceful, but has turned into a racetrack. The addition of another street would be very dangerous. Mr. Blunt asked if a road study has been done in this area. Planner Franzen said that nothing has been done recently. Dodge said she does not like Alternative #1 and feels this would be the most difficult to accomplish. Ruebling commented that when looking at a map of the area, he assumes the original design is similar to Alternative #1. Planner Franzen said that when Mr. Moot built his house, the Board of Appeals required that he locate his house so it could be subdivided in the future with an east-west connection from Timber Creek subdivision to 168th St.. Ruebling said he assumes the Moot house is not interfering with the original design. Planner Franzen replied that this is correct. Ruebling said his understanding is that if Alternative #1 is used and the property is subdivided to the south, the road can still go directly through with lots located on both sides. Planner Franzen replied that this is correct. Ms. Lewis commented that it would be difficult to sell lots adjacent to • a ponding area. She feels that locating the pond in the middle of the street is a good idea. Chairman Bye asked who is responsible for maintaining the pond. Planner Franzen said that if the pond were located within road right-of-way, it would be the City's responsibility. Planning Commission Minutes 7 May 27, 1987 Chairman Bye asked what the City ordinance is for cul-de-sac length. Planner Franzen said that the ordinance indicates they should not be longer than 500 feet. Ruebling asked how long this cul-de-sac would be. Planner Franzen said it would be 1000 feet long. Ruebling said he is reluctant to approve a cul-de-sac of this length without a contingency plan for a road connection in the future. Gary Mundahl of 16659 N. Manor Road asked what percentage of existing cul-de-sacs exceed 500 feet in length and if the length of the cul-de- sac is the primary issue. Chairman Bye said that because of topography, trees, lakes, railroads, etc., cul-de-sacs are often approved, but in this situation there are no major constraints which would prohibit a through road connection. Mr. Mundahl asked how accessibility issues can be balanced with the safety of small children in the area who make use of the street as a play area. Dodge replied that she has small children and lives on a through street. Children should not be allowed to play in the street and she feels children playing on a cul-de-sac can still get hurt because they pay very little attention to cars. Dodge added that the City is considering sidewalks in all neighborhoods because of safety. Fell said that if Alternative #2 were accepted, people living in Purgatory Ridge close to 168th St. could actually have the amount of traffic reduced. Fell added that one of the problems the police currently have is finding the correct house number when they get a call. They prefer a through street because they don't have to turn around as they do on a cul-de-sac. Ruebling said that for safety reasons, a loop should be created. Most of the traffic would be neighborhood traffic and he feels that two access points are important, especially if one was blocked. Dodge asked about sidewalks in this area. Planner Franzen said that in some situations the City has required sidewalks because of increased traffic associated with a new development. Bye said that she previously lived on a long cul-de-sac and that only one access can be very difficult, especially in winter. She added that she likes Alternative #2 with the possibility of a through street in the future. Bye said she is hesitant about adding three more driveways on 168th St. and feels it would be appropriate to have the Public Safety Department review this project. Ruebling said he cannot recommend a permanent cul-de-sac, but that if it were possible to have a through street in the future, he would support this. Planning Commission Minutes 8 May 27, 1987 Fell said that based on the staff report, the existing cul-de-sac exists on the site because the road was planned to eventually connect to 168th St. Fell added that he would like a review by public safety and continue discussion on this item. Mr. Mundahl asked if the safety issue has come up before regarding cul- de-sacs and the commission is acting on previous experience. Bye replied that the safety issue has come up before. Ruebling said that residents may not realize that there will actually be less traffic with two access points since traffic will be distributed rather than all traffic from this project being channeled through the existing neighborhood. Mark Lewis of 16740 N. Manor Road said that he has talked to his neighbors who feel that the integrity of the neighborhood should be protected and a road connecting to 168th St. would not accomplish this. The residents also want to preserve the value of their homes and a through street would not be beneficial to future buyers. Mr. Lewis questioned if the cul-de-sac were only 500 feet long if there would be as much of a problem. Mr. John Stenson of 6530 168th Ave. said that if Alternative #2 is chosen, headlights will be shining directly into his house. This street is already very fast and he has already fenced in the yard. Mr. Stenson feels the safety aspects of living on a cul-de-sac greatly outweigh any other problems. • Mr. Pellinen commented that topography is one of the primary reasons for constructing a cul-de-sac. One of the constraints to developing this site is the property to the south. Any variation of Alternative #1 would require the removal of one lot, the road would have to be raised and the developer would lose ponding in the middle. The only other place for ponding is at the rear road lines which is not a good solution from a drainage standpoir..t. Another constraint is that the property is ony 328 feet wide and since the ordinance requiresd 85 feet for street frontage only a nine lot plan could be developed with a road connection to the south. A solution similar to Alternative #2 would not meet setback requirements since there is not enough room between Mr. Blunt's deck and the existing barn. Planner Franzen asked which alternative, the construction of a through street to the south or making a connection to 168th St., would require the most grading work. Mr. Pellinen said the through street would require more grading. Dodge asked about the time frame involved on this issue. Ms. Lewis said there are some lot sales contingent upon the road construction. i,..1`) Planning Commission Minutes 9 May 27, 1987 MOTION: Motion made by Dodge, seconded by Fell, to direct staff to confer with public safety regarding road alignment and the construction of a cul-de- sac in the Majestic Oaks Development and to publish this item for the June 16 Council meeting. Ruebling said he would like specific discussion at the June 8 meeting regarding the through street and the costs involved. He realizes this is a problem site. Motion passed 4-0-0 • JUNE 16,1987 34641 VOID OUT CHECK 50.00- 35099 VOID OUT CHECK 1113.79- 35194 VOID OUT CHECK 625.00- '235 AT & T COMMUNICATIONS SERVICE 831.75 236 JAN STRAND EXPENSES-COMMUNITY CENTER 79.00 j5237 AT & T CONSUMER PRODUCTS SERVICE 41.70 35238 NORTHWESTERN BELL SERVICE 128.62 35239 AT & T COMMUNICATIONS SERVICE 111.33 35240 CITY OF BROOKLYN PARK CONFERENCE-COMMUNITY CENTER 15.00 35241 STATE OF MN BIKE REGISTRATIONS/FEES PD 165.00 35242 GUARANTEE MUTUAL JUNE 87 LIFE INSURANCE 1950.00 35243 MUTUAL BENEFIT LIFE JUNE 87 LONG TERM DISABILITY INSURANCE 1800.00 35244 MN NURSERYMENS ASSN CONFERENCE-FORESTRY DEPT & PARK PLANNING 24.00 35245 SAYLORS SOFTWARE FIRST SOFTWARE-PUBLIC WORKS BUILDING 1250.00 35246 FOOTLOCKER UNIFORMS-BEACH ATTENDANTS 116.89 35247 NORTHERN STATES POWER SERVICE 19984.81 35248 MINNESOTA GAS COMPANY SERVICE 3490.13 35249 JASON NORTHCO PROPERTIES JUNE 87 RENT-LIQUOR STORE 4972.30 35250 HOPKINS POSTMASTER POSTAGE-UTILITY BILLS 504.84 35251 DANA GIBBS PACKET DELIVERIES 104.00 35252 IACCI MN CHAPTER CONFERENCE-POLICE DEPT 50.00 35253 VOID OUT CHECK 0.00 35254 VOID OUT CHECK 0.00 35255 TV FANFARE ADS-LIQUOR STORE 494.00 35256 BRADLEY HINSETH -DEPOSIT FOR THEATRE IN THE PARKS 25.00 PERFORMANCE/FEES PD-HISTORICAL CULTURE 35257 GRIGGS COOPER & CO LIQUOR 19508.82 35258 PRIOR WINE CO WINE 1750.99 35259 EAGLE WINE CO WINE 1558.76 '60 ID PHILLIPS& SONS CO LIQUOR 6569.80 _61 QUALITY WINE & SPIRITS CO LIQUOR 3881.43 35262 JOHNSON BROS WHOLESALE LIQUOR LIQUOR 8201.07 35263 CAPITOL CITY DISTRIBUTING CO WINE 802.91 35264 PAUSTIS & SONS WINE 296.66 35265 G L CONTRACTING INC SERVICE-18574 HARROGATE 1113.79 35266 VOID OUT CHECK 0.00 35267 NORTHERN STATES POWER SERVICE 5.45 35268 MINNESOTA GAS COMPANY SERVICE 575.48 35269 PREMIER RENT A CAR -CAR RENTAL FOR TEEN VOLUNTEER PROGRAM- 317.06 COMMUNITY CENTER 35270 BRIAN RUSK REFUND-TENNIS LESSONS 10.00 35271 LAN DE CON INC CITY WEST JOGGING TRAIL FINAL PAYMENT 25461.06 35272 JANENE SAUER REFUND-GOLF LESSONS 22.00 35273 JENNA BOWLDS REFUND-SWIMMING LESSONS 14.00 35274 LOREN MILLER REFUND-SWIMMING LESSONS 7.00 35275 JAN CORKERY REFUND-SWIMMING LESSONS 8.25 35276 FEDERAL RESERVE BANK PAYROLL 5-29-87 45390.58 35277 COMMISSIONER OF REVENUE PAYROLL 5-29-87 11816.31 35278 GREAT WEST LIFE ASSURANCE CO PAYROLL 5-29-87 5838.53 35279 ICMA RETIREMENT CORP PAYROLL 5-29-87 850.00 35280 PERA JUNE LIFE INSURANCE 99.00 35281 INTL UNION OF OPERATING ENG JUNE UNION DUES 714.00 35282 PER A PAYROLL 5-29-87 22390.94 35283 UNITED WAY OF MPLS PAYROLL 5-29-87 166.88 'r284 CITY COUNTY CREDIT UNION PAYROLL 5-29-87 783.13 '9250348 JUNE 16,1987 35285 NORWEST BANK HOPKINS PAYROLL 5-29-87 800.00 35286 KATHY KINCAID REFUND-GOLF LESSONS 22.00 35287 COMMISSIONER OF REVENUE 1986 SOCIAL SECURITY DEDUCTIONS 5120.02 2c288 PERA 1986 PERA DEDUCTIONS 4166.62 89 VOID OUT CHECK 0.00 „290 MN POST BOARD LICENSES FEES-POLICE DEPT 105.00 35291 PETTY CASH-COMMUNITY CENTER MARINA CHANGE FUND-ROUND LAKE PARK 20.00 35292 COMMISSIONER OF REVENUE 1985 SOCIAL SECURITY DEDUCTIONS 2035.64 35293 SPECTRUM SAFETY 1ST AID TRAINING CLASS-COMMUNITY CENTER 120.00 35294 AIS CONST EQUIPMENT CORP MOWER BLADES/BOLTS/WASHERS-STREET DEPT 92.36 35295 GRIGGS COOPER & CO LIQUOR 2223.20 35296 EAGLE WINE CO WINE 896.02 35297 PRIOR WINE CO WINE 631.65 35298 ED PHILLIPS & SONS CO LIQUOR 8686.23 35299 QUALITY WINE & SPIRITS CO WINE 2588.69 35300 JOHNSON BROS WHOLESALE LIQUOR WINE 4251.42 35301 CAPITOL CITY DISTRIBUTING CO WINE 668.63 35302 PAUSTIS& SONS WINE 172.67 35303 THORPE DISTRIBUTING CO WINE 29.90 35304 MINNESOTA ORCHESTRA CONCERT TICKETS/FEES PD-HISTORICAL CULTURE 312.80 35305 SUPPLIES 7 HI ENTERPRISES INC JUNE 87 RENT-LIQUOR STORE 4307.34 35306 WELSH COMPANIES MARCH-JUNE 87 REAL ESTATE TAXES-CITY HALL 1742.97 35307 WESLEY& KATE LASESKI EASEMENT-RIVERVIEW ROAD 1954.65 35308 ENEBAK CONSTRUCTION SERVICE-TECHNOLOGY DRIVE 31006.20 35309 KENKO INC SERVICE-BLUFFS EAST 4TH ADDITION 229452.84 35310 RICHARD KNUTSON INC SERVICE-ANDERSON LAKES PARKWAY 23391.30 35311 MINNKOTA EXCAVATING INC SERVICE-CARDINAL CREEK 3RD ADDITION 1314.00 35312 NODLAND CONSTRUCTION CO SERVICE-WYNDHAM KNOLL 103314.36 35313 NODLAND CONSTRUCTION SERVICE-HIDDEN GLEN 3RD ADDITION 150376.60 -'14 JP NOREX INC SERVICE-RIVERVIEW ROAD 98137.05 15 JP NOREX INC SERVICE-BLUFFS WEST STORM SEWER 46046.53 35316 RICE LAKE CONTRACTING SERVICE-HOMEWARD HILLS ROAD 98289.28 35317 SHAFER CONTRACTING INC SERVICE-COUNTY ROAD 4 TO MITCHELL ROAD 224531.35 35318 SHAW LUNDQUIST ASSOC INC SERVICE-WATER TREATMENT PLANT ADDITION 262458.40 35319 AAMCO TRANSMISSIONS REBUILT TRANSMISSION-EQUIPMENT MAINTENANCE 385.00 35320 ACT ELECTRONICS INC 2 TRAFFIC COUNTERS-PUBLIC WORKS DEPT 2959.00 35321 ACRO-MINNESOTA INC OFFICE SUPPLIES 681.94 35322 A & H WELDING & MFG CO LADDER REPAIRS-FIRE DEPT 32.00 35323 AMERICAN NATIONAL BANK BOND PAYMENT 35031.11 35324 AMERICAN SCIENTIFIC PRODUCTS LAB SUPPLIES-WATER DEPT 191.99 35325 EARL F ANDERSEN & ASSOC INC SIGNS-PARK MAINTENANCE 14.70 35326 ASSOCIATED ASPHALT INC BLACKTOP-STREET MAINTENANCE 2248.64 35327 ASSOC OF METRO MUNICIPALITIES MEETING EXPENSES-CITY MAYOR 35328 AVR INC BLACKTOP-DRAINAGE CONTROL 15.00 4 35329 BACHMANS EXPENSES-CITY HALL 2.20 35330 GWEN BARKER 52.20 EXPENSES-HISTORICAL CULTURE 8.51 35331 BATTERY & TIRE WAREHOUSE INC -TIRE PATCHES/SPARK PLUGS/WINDSHIELD 148.22 WASHER FLUID-EQUIPMENT MAINTENANCE 35332 STEVIE BECK SERVICE-SENIOR CENTER 65.00 35333 BERRY COFFEE COMPANY SERVICE 497.00 35334 BLACK& VEATCH SERVICE-WATER TREATMENT PLANT EXPANSION 9629.75 35335 LOIS BOETTCHER -PLANNING COMMISSION MEETING MINUTES FOR 160.81 -5-26-87 AND PARK & RECREATION COMMISSION MEETING MINUTES FOR 6-1-87 35336 BRADY OFFICEWARE OFFICE SUPPLIES-ENGINEERING DEPT 44.85 ,,J 147594 Ijfu JUNE 16,1987 35337 BRAUN ENG TESTING INC SERVICE-VALLEY VIEW RD & TECHNOLOGY DRIVE 769.50 35338 BRYAN ROCK PRODUCTS INC ROCK-STREET MAINTENANCE & PARK MAINTENANCE 421.14 35339 BUSINESS FURNITURE INC -6 LATERAL FTT.FS & 5 DESKS $4511.50- 5795.00 -BUILDING DEPT/DESK $618.50-HUMAN -RESOURCES/FILE $210.50-ENGINEERING DEPT/ DESK $454.50-ADMINISTRATION 35340 BUSINESSLAND INC MAINTENANCE AGREEMENT-FIRE DEPT 652.00 35341 GEO R BUTLER REFUND-BUILDING PERMIT 2249.45 35342 CADY COMMUNITCATIONS SERVICE 622.60 35343 CARLSONS LAKE STATE EQUIP CO PARTS-EQUIPMENT MAINTENANCE 74.62 35344 WALLACE W CARLSON COMPANY PRINTING SPRING BROCHURE-COMMUNITY CENTER 2963.50 35345 CEDAR HILLS GOLF COURSE GOLF LESSONS/FEES PD 160.00 35346 CLUTCH & TRANSMISSION SER INC -HUB CAP/CLUTCH DISC/BEARINGS/TRANSMISSION 541.84 -BENCH/CLUTCH FLYWHEEL/COVER ASSEMBLY/ RINGS/BEARING KIT-EQUIPMENT MAINTENANCE 35347 CONCEPT MICROFILM INC -TONER FOR MICROFILM READER-ENGINEERING 52.19 DEPT 35348 CONCRETE RAISING INC -SERVICE-PARK CIRCLE/ROUND LAKE RD/ONTARIO 1386.00 BLVD/CARNELIAN LANE/VALLEY VIEW ROAD 35349 CONSTRUCTION MATERIALS INC SEAL COATING-STREET DEPT 1620.00 35350 COPY EQUIPMENT INC -EQUIPMENT REPAIRS-ENGINEERING DEPT/OFFICE 305.42 SUPPLIES-PLANNING DEPT& ASSESSING DEPT 35351 CROWN RUBBER STAMP CO NAME PLATE-ENGINEERING DEPT 16.09 35352 CURTIS INDUSTRIES -PINS/WASHERS/ALUMINUM-EQUIPMENT 94.72 MAINTENANCE & WATER DEPT 35353 CUSTOM FIRE APPARATUS INC FIRE TRUCK EQUIPMENT-FIRE DEPT 2016.15 35354 CUTLER-MAGNER COMPANY QUICKLIME-WATER DEPT 5132.89 35355 D A LUBRICANT COMPANY INC NATURAL GAS ENGINE OIL-WATER DEPT 96.40 35356 WARD F DAHLBERG APRIL & MAY 87 EXPENSES 160.00 57 DALCO -CLEANING SUPPLIES/PAINT STRIPPER-PARK 1009.07 MAINTENANCE & WATER DEPT 35358 DALTON GEAR CO -REPAIR & INSTALL NEW GEARS IN DRIVE DRUMS 940.00 -FOR RUBBER TIRE ROLLER-EQUIPMENT MAINTENANCE 35359 DECORATIVE DESIGNS PLANTS-CITY HALL 200.00 35360 EUGENE DIETZ MAY 87 EXPENSES 168.50 35361 DIXIE PETRO-CHEM INC CHLORINE-WATER DEPT 681.00 35362 DONS SOD SERVICE SOD-STREET MAINTENANCE 125.40 35363 EAGLE SNACKS INC SUPPLIES.LIQUOR STORE 21.12 35364 EDEN PRAIRIE FIRE DEPT OFFICE SUPPLIES-FIRE DEPT 19.04 35365 EDEN PRAIRIE TRASHTRONICS MAY 87 TRASH DISPOSAL 365.00 35366 ELK RIVER CONCRETE PRODUCTS MANHOLE COVERS-DRAINGAGE CONTROL 370.85 35367 ELVIN SAFETY SUPPLY INC VINYL VESTS-STREET MAINTENANCE 111.00 35368 FACILITY SYSTEMS INC DELIVER & INSTALL MODULAR PANELS-CITY HALL 156.00 35369 E P GROCERY EXPENSES-FIRE DEPT 9.61 35370 FIRE ENGINEERING SUBSCRIPTIONS-FIRE DEPT 75.80 35371 FITNESS ASSOCIATES INC STRESS TESTS-FIRE DEPT 330.00 35372 FITNESS ASSOCIATES INC STRESS TESTS-POLICE DEPT 35.00 35373 FLEET MAINTENANCE INC -TREE TRUNK TOWING/ADJUST CLUTCH/CHECK 170.90 RELEASE BEARING/LUBE LINKAGE-FORESTRY DEPT 35374 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORE 316.25 35375 FOX MCCUE & MURPHY 1986 AUDIT SERVICE 7200.00 35376 JOHN FRANE MAY 87 EXPENSES 165.00 35377 FRANZ ENG REPRODUCTIONS INC BLUEPRINTS-ENGINEERING DEPT 135.17 ?�378 GENERAL COMMUNICATIONS INC RADIO REPAIRS-EQUIPMENT MAINTENANCE 233.57 J(96779 r JUNE 16,1987 35379 G & K SERVICES -TOWELS & COVERALLS-LIQUOR STORE/PARK 306.30 DEPT & WATER DEPT 35380 G & L CONTRACTING INC SERVICE-MITCHELL RD & HWY 5 4288.99 ç81 MARK GOOD SOFTBALL OFFICIAL/FEES PD 101.50 82 GRAPHIC CONTROLS CORP CHEMICAL CHARTS-WATER DEPT 95.68 83 GREATER MPLS AREA SUBSCRIPTION-ASSESSING DEPT 50.00 35384 GROSS OFFICE SUPPLY OFFICE SUPPLIES-FIRE DEPT 27.20 35385 HANSEN THORP PELLINEN OLSON INC -SERVICE-BLUFFS WEST VICINITY STORM SEWER/ 32606.71 -BLUFFS EAST 4TH ADDITION/SUNNYBROOK ROAD/ INTERNATIONAL SCHOOLS WATERMAIN 35386 HARMON GLASS DOOR GLASS-EQUIPMENT MAINTENANCE 57.73 35387 HENNEPIN COUNTY TREASURER SERVICE-PLANNING DEPT 918.00 35388 HENNEPIN COUNTY PUBLIC RECORDS FILING FEE-ENGINEERING DEPT 40.50 35389 HENNEPIN COUNTY TREASURER -OXYGEN/SIGNAL LIGHT LENS-PARK DEPT & 75.61 STREET DEPT 35390 HENNEPIN TECHNICAL CENTERS SCHOOL-FIRE DEPT 1680.00 35391 EUGENE A HICKOK & ASSOCIATES SERVICE-PURGATORY RECREATION AREA 4883.50 35392 IBM JULY 87 RENTAL AGREEMENT 424.32 35393 INDEPENDENT CURB CONTRACTORS SERVICE-STONEWOOD COURT 686.00 35394 INDEPENDENT SCHOOL DIST #272 -B.ACKTOPPING PARKING LOT & FENCES-ROUND 50000.00 LAKE PARK 35395 INDEPENDENT SCHOOL DIST #272 -GYM RENTAL/LOCKER ROOM RENTAL-ORGANIZED 4449.16 -ATHLETICS/GYM & BAND ROOM RENTAL/ -TRANSPORTATION-HISTORICAL CULTURE/APRIL -JANITORIAL SERVICE-WATER PLANT & PUBLIC WORKS BUILDING 35396 INTL OFFICE SYSTEMS INC MAY 87 MAINTENANCE AGREEMENT-CITY HALL 119.51 35397 J & R RADIATOR CORP TIRE TUBE REPAIRS-EQUIPMENT MAINTENANCE 28.50 35398 JUSTUS LUMBER CO PLYWOOD-PARK MAINTENANCE 110.26 �' '99 KEITH KAPITAN SOFTBALL OFFICIAL/FEES PD 145.00 00 KELLER INSULATION REPAIR INSULATION ON GENERATOR-WATER DEPT 150.00 35401 KOKESH ATHLETIC SUPPLIES INC -PARK RANGER UNIFORMS/TENNIS NET STRAPS- 318.66 PARK MAINTENANCE 35402 KRAEMERS HOME CENTER -SPRAYER KIT/SPRAYER PUMP/DOOR STOPS/ 63.88 -NAILS-ENGINERRING DEPT/PARK DEPT & EQUIPMENT MAINTENANCE 35403 LANCE SUPPLIES-LIQUOR STORE 81.73 35404 LANG PAULY & GREGERSON LTD FEBRUARY 87 LEGAL SERVICE-LANDFILL 3107.75 35405 LOGIS APRIL 87 SERVICE 6403.83 35406 LONG LAKE FORD TRACTOR TRACTOR REPAIRS-PARK MAINTENANCE 166.04 35407 LOUISVILLE LANDFILL INC MAY 87 DISPOSAL CHARGES-PARK MAINTENANCE 153.00 35408 MIKE MARUSHIN WRENCHES-EQUIPMENT MAINTENANCE 136.95 35409 MACQUEEN EQUIPMENT INC GUARD/SHEAR PINS-STREET SWEEPER 248.28 35410 DANIEL MARTIN SOFTBALL OFFICIAL/FEES PD 130.50 35411 DAN MAVISON EXPENSES-HISTORICAL CULTURE 41.31 35412 MCFARLANES INC CEMENT-DRAINAGE CONTROL 260.00 35413 MEDICAL OXYGEN & EQUIP CO OXYGEN-FIRE DEPT 55.80 35414 MERLINS HARDWARE HANK -WASHERS/SCREWDRIVER BITS/NUMBER STAMPS- 35.95 COMMUNITY CENTER & PARK DEPT 35415 METRO FONE COMM INC JUNE 87 PAGER RENTAL-SEWER DEPT 10.50 35416 METRO WASTE CONTROL COMMISSION JULY 87 SEWER SERVICE 89800.90 35417 MIDWEST ASPHALT CORP BLACKTOP-STREET MAINTENANCE 423.69 35418 MARION MILLER EXPENSES-KIDS KORNER-COMMUNITY CENTER 25.94 35419 MINNESOTA COMMUNICATIONS CORP JUNE 87 PAGER RENTAL-FIRE DEPT 16.00 3c42O MN CONWAY FIRE & SAFETY COMPRESSED AIR CYLINDER/UNIFORMS-FIRE DEPT 122.50 ,,284768 !;', I i i JUNE 16,1987 35421 MINNESOTA SUBURBAN NEWSPAPERS INC EMPLOYMENT ADS-POLICE DEPT & CITY HALL 169.85 35422 MINNESOTA SUBURBAN NEWSPAPERS INC ADS-LIQUOR STORE 393.28 35423 MINUTEMAN PRESS PRINTING-BUILDING DEPT 204.02 :424 MODERN EXPRESS DELIVERY CHARGES-WATER DEPT 41.90 t25 MOTOROLA INC RADIO REPAIRS-FIRE DEPT 89.14 sA26 MTI DISTRIBUTING CO -DISTRIBUTOR CAP/TUNE UP KIT/GASKETS- 133.87 EQUIPMENT MAINTENANCE 35427 WM MUELLER & SONS INC SAND-PARK MAINTENANCE 165.26 35428 MY CHEESE SHOP EXPENSES-CITY HALL & FIRE DEPT 45.30 35429 NATIONAL CITY BANK OF MINNEAPOLIS BOND PAYMENT 18620.40 35430 NATL REC & PARK ASSN MEMBERSHIP DUES-COMMUNITY SERVICES 125.00 35431 NORTHLAND BUSINESS COMM SYSTEMS -NORELCO RECORDER & CASSETTES-ENGINEERING 250.00 DEPT 35432 NORWEST BANK MINNEAPOLIS NA BOND PAYMENTS 222697.50 35433 OCHS BRICK & TILE CO CEMENT-DRAINAGE CONTROL 66.00 35434 PUBLICATIONS & COMMUNICATIONS INC SUBSCRIPTION-FINANCE DEPT 38.00 35435 THE CHRONICLE SUBSCRIPTION-FINANCE DEPT 38.00 35436 PENNWELL BOOKS BOOKS-FIRE DEPT 42.91 35437 CATHY PERIA EXPENSES-FIRE DEPT 3.17 35438 PITNEY BOWES 3RD QTR POSTAGE METER RENTAL-CITY HALL 96.75 35439 PMS SERVICE CORP JUNE 87 JANITORIAL SERVICE-CITY HALL 1160.00 35440 POMMER MFG CO INC -VOLLEYBALL & RACQUETBALL TROPHIES- 154.00 COMMUNITY CENTER 35441 PRAIRIE CHURCH SOFTBALL OFFICIAL/FEES PD 7.25 35442 CLIFF PRATY SOFTBALL OFFICIAL/FEES PD 203.00 35443 PRINT SHACK PRINTING-HISTORICAL CULTURE 40.45 35444 PRIOR LAKE AGGRETATE INC SAND-DRAINAGE CONTROL 19.50 35445 PLYMOUTH PLBG REFUND-PLUMBING PERMIT 258.50 35446 ROLLINS OIL CO UNLEADED FUEL-EQUIPMENT MAINTENANCE 6176.00 '47 ST ANDREWS CHURCH SOFTBALL OFFICIAL/FEES PD 7.25 48 ST PAUL BOOK & STATIONERY CO OFFICE SUPPLIES-COMMUNITY CENTER 26.54 35449 SHAKOPEE FORD INC -SWITCHES/VALVES/SEAL ASSEMBLY/GASKETS/ 83.57 -THERMOSTATS/FRONT WHEEL ALIGNMENT- EQUIPMENT MAINTENANCE 35450 SOUTHWEST AUTO SUPPLY INC -FLOOR MATS/TIRE MARKER/BELTS/TRANSMISSION 2009.40 -KIT/BRAKE CORE/SEALS/BATTERIES/SPARK -PLUGS/DISC PADS/DISCS/FILTERS/WINDOW -HANDLE/PAINT/SPEEDOMETER CABLE/BRAKE -SHOES/WHEEL CYLINDER/BRAKE KIT/IGNITIONS/ -HYDRAULIC DISC/TRAILER BALL/LIGHTS/AIR -CONDITIONING CONTROLLER/MAP HOLDER- EQUIPMENT MAINTENANCE & PARK MAINTENANCE 35451 SOUTHWEST SUBURBAN CABLE COMMISSI 3RD QTR 87 OPERATING EXPENSES 1835.00 35452 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT AD-ENGINEERING DEPT 45.10 35453 SOUTHWEST SUBURBAN PUBLISH INC MAY 87 LEGAL ADS 3712.79 35454 SPORTS WORLD USA -SOFTBALL FIELD BASES/ANCHORS/PITCHERS 704.75 PLATES-PARK MAINTENANCE 35455 SULLIVANS SERVICES INC PUMP TANK-SENIOR CENTER 56.00 35456 SUBURBAN CHEVROLET -LENS/GAUGE/FILTER/AIR PUMP/SPEEDOMETER/ 277.67 -DASHBOARD/FUEL FILTER/GASKETS-EQUIPMENT MAINTENANCE 35457 SUPPLEE ENTERPRISES INC SUPPLIES-LIQUOR STORE 3.90 35458 NATALIE SWAGGERT MAY 87 EXPENSES 165.00 35459 TENNESSEE CHEMICAL CO CHEMICALS-WATER DEPT 4617.97 2g460 W GORDON SMITH CO -BALL HITCH/FUEL/OIL/SOCKETS/CLAMPS-PARK 149.54 ( MAINTENANCE & EQUIPMENT MAINTENANCE 26493353 / ., ) 35461 TIERNEY BROTHERS INC -ENGINEERING TAPE & RIBBON-PLANNING DEPT & 291.62 35462 TWIN CITY OXYGEN CO COMMUNITY CENTER -OXYGEN CYLINDERS/WELDING GLOVE-EQUIPMENT 80.92 MAINTENANCE 35463 TWIN CITY TESTING SERVICE-VALLEY VIEW ROAD 2399.08 64 UNIFORMS UNLIMITED UNIFORMS-FIRE DEPT 160.10 UNITOG RENTAL SERVICES UNIFORMS FOR CITY EMPLOYEES 1606.60 itii5 66 UNLIMITED SUPPLIES INC -GREASE FITTINGS/PINS/SCREWS-EQUIPMENT 116.61 MAINTENANCE 35467 VAN WATERS & ROGERS CHLORINE-WATER DEPT 359.90 35468 VENTURE PUBLISHING INC BOOKS-COMMUNITY SERVICES 76.60 35469 VERNON COMPANY TRUCK DECALS-EQUIPMENT MAINTENANCE 503.83 35470 TERRY VOLT CONST REFUND-BUILDING PERMIT 300.00 35471 WALDOR PUMP & EQUIP CO PUMP REPAIRS-SEWER DEPT 770.95 35472 JIM WALTER PAPERS XEROX PAPER-PUBLIC SAFETY DEPT 269.00 35473 SANDRA F WERTS MILEAGE 71.73 35474 WINGFIELD PERFORMANCE ENGINEERING -TRANSMISSION OVERHAUL-EQUIPMENT 509.43 35475 KARI WAHL MAINTENANCE MILEAGE 23.53 35476 WATER PRODUCTS CO -COIL SEAL WIRE/METER GASKETS/NOZZLE CAPS/ 10720.11 -TELESCOPING KEY/CURB BOX KEY/BRASS PIPE -PLUG/PIPE/2 3" 1000 GAL MIR $2532.00/6 -1" 1000 GAL MIR $738.00/METER CONNECTORS/ 250 PRESSURE REGULATORS $6775.00 35477 WILSON TANNER GRAPHICS LABELS-PLANNING DEPT/SIGNS-CITY HALL 133.00 35478 YOUNGSTEDTS INC WHEEL ALIGNMENT-EQUIPMENT MAINTENANCE 123.30 35479 ZACK'S INC -CLEANING SUPPLIES/SHOVEL-PARK DEPT & 169.96 STREET MAINTENANCE 35480 ZEE MEDICAL SERVICE 1ST AID SUPPLIES-COMMUNITY CENTER 116.05 1880232 $2078530.74 f DISTRIBUTIONS BY FUND 10 GENERAL 189007.46 11 CERTIFICATE OF INDEBT 2062.92 LIQUOR STORP V M 40868.41 LIQUOR STORE-PRESERVE 33262.80 �� E-CASH PARK FEES 420.00 31 PARK ACQUIST & DEVELOP 54683.50 33 UTILITY BOND FUND 385906.81 44 UTILITY DEBT FUND 96441.89 45 UTILITY DEBT FD ARB 19170.40 51 IMPROVEMENT CONST FD 903654.58 52 IMPROVEMENT DEBT FUND 161286.72 • 57 ROAD IMPROVEMENT CONST FD 31091.20 73 WATER FUND 38310.09 77 SEWER FUND 91908.90 81 TRUST & ESCROW FUND 27296.06 90 TAX INCREMENT FUND 2959.00 $2078530.74 CITY OF EDEN PRAIRIE j HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-156 PRELIMINARY CONCEPT APPROVAL CSAH 62 LAYOUT PLAN CSAH 4 TO TH 101 WHEREAS, the Hennepin County Department of Transportion has prepared a preliminary layout for CSAH 62 between CSAH 4 and TH 101 and is designated layout number 6 for project number 7419; WHEREAS, the upgrading of the roadway facility is consistent with the City's comprehensive guide plan; WHEREAS, the improvement of this roadway would be beneficial to the health, safety and welfare of the City of Eden Prairie by providing much needed transporation corridors through the community; and WHEREAS, the City of Eden Prairie desires that the improvements be provided at the earliest convenient date. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE that said layout number 6 is hereby approved subject to the following: f A. For safety provisions, the County is encouraged to design as much of the roadway facility with the use of center medians as possible. B. The County is encouraged to design a fiscally responsible project consistent with current practices for design of width, structural integrity and alignment for the appropriate design year traffic. C. The County is requested to proceed with the project with all convenient speed. D. The City reserves the right to review the final construction document prior to final approval of the design. ADOPTED by the Eden Prairie City Council on JUNE 16, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk - MEMORANDUM - TO: Mayor and City Council FROM: Eugene A. Dietz, Director of Public Works DATE: June 11, 1987 RE: TOWNLINE RDAD EXTENSION CSAH 4 TO TH 101 52-103 Transmitted with the memorandum is a variety of historical information regarding Townline Road west of Eden Prairie Road (CSAH 4). Most of the information begins with dates in approximately 1980 when the City of Eden Prairie was reviewing the scoping documents and environmental impact statements for the Crosstown extension from Shady Oak Road to CSAH 4. I will not describe in detail each of the items being transmitted, but will let the Council members review that information independently. I will be able to answer any questions about the material at the June 16 Council Meeting. It is important that you understand some of the more pertinent historical items. Briefly, the following items could be considered key points that will be important issues when approving the project design: 1. Since 1977, the City has shown Towniine Road west of I-494 as an intermediate arterial. This designation is the same as TH 5, CSAH 4, Baker Road, Prairie Center Drive, CSAH 1, and TH 169. There are a variety of definitions for arterial facilities, but some notable characteristics for an intermediate arterial would be as follows: a. Connects two or more sub-regions b. Provides high ievei of mobility c. Access to principle arterials (I-494) 1-3 mile spacing d. The location should be a natural community separation e. Intersection should be grade separated or high-capacity controlled at grade intersections f. No parking g. No truck restrictions h. 10,000 - 50,OD0 vehicles per day i. 40 - 50 MPH speed limits J. 100 - 300 feet right-of-way widths The information that was transmitted with this memorandum indicates that as late as 1981 the projected traffic volume for the year 2000 west of CSAH 4 was approximately 6,600 vehicles per day. However, additional information in the attachments shows that the year 2010 volumes are expected to be approximateiy 14,D00 vehicles per day between CSAH 4 and CSAH 101. Based on the method of funding the 1 project, a number of agencies often become involved with approving the design criteria. In this instance, I believe that State Aid Funds will be utilized and the requirement is therefore for a divided four-lane facility over at least a portion of the project. 2. Also enclosed in the attachment information is a letter dated March 2, 1987 from myself to Ted Hoffman at Hennepin County. This letter addressed general issues regarding the design for Townline Road. A response to that letter is also included in the information and is dated May 18, 1987 from Ted Hoffman to myself. 3. The attached information also includes some of the minutes and early resolutions for approval of the environmental impact statement and scoping report. Generally the information shows that there was always concern on the part of the City for the carrying capacity of Townline Road west of CSAH 4. 4. Finally, the attachments include literature that has been distributed by the S.A.V.E. organization. In general, the County proposal calls for a four-lane roadway facility and it is proposed that east of Scenic Heights Road it would be a divided facility with medians and channelization and that west of Scenic Heights Road it would generally be a four-lane undivided facility. There are some potential modifications to that plan to encourage the City of Minnetonka to approve the layout and I will discuss those with you at the Council Meeting. The primary issue with the residents in the neighborhood is that they always believed that Townline Road was going to be a two-lane facility and that the counter-proposal represents more of a "free-way" standard. I am sure there will be contentions that City of Eden Prairie Staff members made certain representations to property owners about the ultimate design of the roadway. However, I will state absolutely that no particular promise has ever been made to residents about the future design standards of the road and that if opinions were given by Staff members over the course of time, they were indeed just opinions. In fact, our own transporation plan which is approximately ten years old indicates that something much more than a residential roadway has always been expected in the location and the only question has been timing. Townline Road is a very important roadway for the City of Eden Prairie. In fact, if the County can be encouraged to maintain the schedule (1989 construction) it may well provide some system relief in advance of ultimate TH 5 improvements. I expect that you will have a number of residents angry over this issue. However, we are currently a community of approximately 30,000 people and it is very important that we make provision for the traffic generated from our residents at present and as projected for future development. EAD:ss 2 Sept. 7, 1976 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ' • RESOLUTION NO. 1181 RESOLUTION APPROVING LAYOUT•NO. 6 REVISED 12/4/7§ FOR CSAH 62 (CROSS- TOWN HIGHWAY) PROJECT NO. 6839 • WHEREAS, Layout No. 6, revised 12/4/79, Project No. 6839, showing the proposed improvement of County State Aid Highway No. 62, within the limits of the City of Eden Prairie from Shady Oak Road to I-494, has been prepared and presented to the City Council; and • WHEREAS, the City Council of Eden Prairie, despite serious reser- vations and concerns regarding the capacity of the Crosstown Highway east of Shady Oak Road and the impact of an at-grade access to said Crosstown at Beach Road upon fcture land use decisions for properties in the southeast quadrant of I-494 and the Crosstown Highway and the continued severance of Eden Prairie residents from local road access to Bryant Lake Regional Park located totally within the City of Eden Prairie, does believe that said extension of the Crosstown Highway, with the following conditions, should be approved; and WHEREAS, the County Engineer has stated that the proposed Beach Road intersection is properly spaced from the I-494 ramp intersection, and that it would be a safe intersection, NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL AS FOLLOWS: That said layout No. 6, revised 12/4/75, be in all things approved and the County is hereby authorized to commence acquiring rights-of-way on the basis of said layout, subject to the following: • 1. The County shall provide proper pedistrian and bicycle access from Beach Road to Baker Road. 2. The County will agree to participate in an amount of • $250,000 to assist the City in construction of an alternate roadway to serve the residential properties in the southeast quadrant of I-494 and the Crosstown Highway. Such participation shall be due at the time construction contracts for the Crosstown are awarded. 3. It is acknowledged that the direct connection at Beach Road to CSAH 62 is the least desirable solution for local residen- tial access to community roads and functions and is only a temporary solution. Active efforts shall continue to secure approval and financing to provide a local bridge access over I-494 from Baker Road cast to Beach Road. At such time approval and funding arc authorized and construction completed, the tem- porary access of Beach Road to CSAH 62 will be closed. • Resolution No. 1181 - 2 - ( Sept. 7, 1976 • • 4. The City Council requests future Councils, din order to protect the existing residential neighborhood and preserve the content of the City's Comprehensive Guide Plan, to • stand firm against the encroachment of industrial, com- mercial or other non-residential Uses in said southeast quadrant, despite thS at-grade access to the Crosstown Highway at Beach Road' 5. County Road 62 (Townline Road) will be designated as a County State Aid Highway from Scenic Heights Drive to . T.H. 101 and improvements will be made thereon to pro- vide a properly surfaced roadway to handle anticipated traffic between T.H. 101 and the Crosstown Highway . on or before the opening of the Crosstown Highway to I-494., 6. Alignment corrections to eliminate the sharp curves on County Road 60 (Baker Road) north of existing Valley View Road will be completed on or before the opening of the Crosstown Highway to I-494. 7. Baker/Mitchell Road from T.H. 5 to present County Road 60 shall be designated as a County State Aid Highway. • Opening of the remaining unimproved segment between new Valley View Road and present County Road 60 will coincide with the opening of the Crosstown Highway. The County shall also participate in the traffic signal at the T.H. 5 and Baker/Mitchell Road intersection. 8. County participation in the Ring Road Project (Schooner Boulevard) shall be as described in the attached letter dated October 9, 1975, from the Hennepin County Director of Public Works. ADOPTED by the Eden Prairie City Council on September 7, 1976. '' Wolfgang H. .Penzel, Mayor ATTEST: SEAL J fk (7 C STAFF REPORT TO: Planning Commission FROM: Chris Enger, Director of Planning REQUEST: Hennepin County request for approval of a new design of 62 Crosstown from Shady • Oak to I-494. DATE: APRIL 24, 1980 BACKGROUND In order to construct a new highway the County must have resolutions from affected communities supporting it. In 1976, Hennepin County presented a proposal for the 62 Crosstown from Shady Oak Road, westerly, along the Eden Prairie-Minnetonka border, to I-494. The proposal at that time included a high bridge over Nine Mile Creek. The City Council adopted Resolution 1181 approving the Crosstown subject to eight items: 1. The County shall provide pedestrian and bicycle access from Beach Road to Baker Road. (The County has agreed to this and included it in their plans.) 2. The County will agree to participate in an amount of $250,000 to assist the City in construction of an alternate roadway to serve the residential properties in the southeast quadrant of I-494 and the Crosstown Highway. Such participation shall be due at the time construction contracts for the Crosstown are awarded. (The County cannot commit to this. However,a similar function could be served by the City improving Birch Island road from Edenvale Boulevard to the 62 to the Crosstown as a minor collector.) 3. It is acknowledged that the direct connection at Beach Road to CSAH 62 is the least desirable solution for local residential access to community roads and functions and is only a temporary solution. Active efforts shall continue to secure approval and financing to provide a local bridge access over I-494 from Baker Road east to Beach Road. At such time approval and funding are authorized and construction completed, the tempo- rary access of Beach Road to CSAH 62 will be closed. (There was a concern regarding the safety of this intersection which in the original plan would have occurred at the end of a long 4% grade down from the high bridge. The revised profile is an up grade from Nine-Mile Creek to the intersection. Therefore, it should not present the stopping problem.) !, ,) • c Crosstown 62 -2- April 25, 1980 4. The City Council requests future Councils, in order to protect the existing residential neighborhood and preserve the content of the City's Comprehensive Guide Plan, to the stand firm against the encroachment of industrial, commercial or other non-residential uses in said southeast qaudrant, despite the at-grade access to the Crosstown Highway at Beach Road. (This is still a valid item. Minnetonka currently has an industrial • park proposed on the north side of this intersection, and there will be pressure to develop the south side in land use other than residential.) 5. County Road 62 (Townline Road) will be designated as a County State Aid Highway from Scenic Heights Drive to T.H. 101 and improvements will be made thereon to provide a properly sur- faced roadway to handle anticipated traffic between T.H. 101 and the Crosstown Highway on or before the opening of the Crosstown Highway to I-494. .(The County is recommending this be dropped from their five year funding program.) 6. Alignment corrections to eliminate the sharp curves on County Road 60 (Baker Road) north of existing Valley View Road Will be completed on or before the opening of the Crosstown High- way to I-494. (The County will include this within the Cross- town project.) 7. Baker/Mitchell Road from T.H. 5 to present County Road 60 shall be designated as a County State Aid Highway. Opening of the remaining unimproved segment between new Valley View Road and present County Road 60 will coincide with the opening of the Crosstown Highway. The County shall also participate in the traffic signal at the T.H. 5 and Baker/Mitchell Road intersec- tion. (The County has included this in their 19B2 program for construction.) 8. County participation in the Ring Road Project (Schooner Boule- vard) shall be as described in the attached letter dated Octo- ber B, 1975, from the Hennepin County Director of Public Works. (Eden Prairie plans to relocate Valley View Road from Mitchell • Road to I-494 more southerly. Hennepin County has not agreed to participate in this construction. The County would be responsible for improving the north leg of the Ring Road--from I-494 east to 169--as conditions warrant. The new profile has eliminated the high bridge over Nine-Mile Creek and a forty foot fill section is proposed. The construction limits, however, remain relatively the same. Rowland Road would be routed over 62 Cross- town and pedestrain and trail traffic would be handled either in a 10' high culvert or on the Rowland Road Bridge. The change is proposed because of a 1.4 million dollar net savings in the project in 19B0 dollars. • The County is requesting approval of the new profile without contingencies. ' City Council Minutes -2- May 5, 1981 IV. PUBLIC MEETING A. Scoping Report for County Road 62 City Manager Jullie stated that notice of tonight's meeting had been published in the Eden Prairie News and that notices had been sent to pro- perty owners. He then introduced Richard Wolsfeld. Richard Wolsfeld, representing BRW, spoke to the Scoping Report. The purpose of the Scoping Report was twofold: 1) first to define all the possible alternatives for the extension of County Road 62 and to then • narrow those down to what people could agree to as being reasonable; and 2) to define the key issues that should be focused on in preparing the EIS. He said a meeting will be held at Minnetonka City Hall at 10 a.m. on July 8th at which time cities and agencies would be formally asked to comment on the Scoping Report. He said that there are four areas of concern: aesthetics, noise, wildlife, and water quality. Various issues Co�a�' and impact areas are discussed in the report and were highlighted by Wols- 5I6190 feld. Edstrom asked what the relative cost difference is between the mid-profile r 31b> and high-profile bridge alternatives. Wolsfeld said about $2.6 million, be- cause of the length of the bridge. The high-profile bridge would be about 20 feet higher than the low-profile bridge. Tangen questioned whether or not there were technical reasons for not includine an access at Rowland Road in Alternate 1. Wolsfeld explained there is a hill which would make it extremely expensive, although technically possible, and would necessitate cutting the hill and filling the valley. Tangen said one of the problems, if no access were provided at Rowland Road, would be that people in the area west of the Bryant Lake Park would not have direct access; the route to get there would be a circuitous one. Wolsfeld said the transportation planners and traffic engineers have found that providing access in only one direction, in this case to the west, is only confusing to the motorist and results in people going the wrong way on ramps. Tangen pointed to the "one direction only" ramps on Bush Lake Road and I-494 which appear to work fine and where the situation is similar. Wolsfeld said he felt the more important problem in the Rowland Road case would be the impact on the topography and the area. Bentley recalled that the City has made it known to Hennepin County that the City is not going to build a road connecting Beach and Rowland Roads. • He said that any alternatives that are ultimately used should take into account that access has to be made from the west to the Park area. Without the service road, Alternative 1 becomes less desirable. Wolsfeld said meetings had been held with the Park Reserve Staff to discuss the frontage roads and the cost implications. The Park Reserve Staff says they don't have a million dollars to build that frontage road either. Bentley referred to Option 2 which provides for an at-grade crossing at Rowland Road which would allow access from the west. Penzel stated there is another alternative -- that whereby a frontage road would be provided north of the extension of the highway • • City Council Minutes ( -3- MY\ 5, 1981 -- an alternative which apparently has not been considered at all because it isn't shown anywhere. That would avoid the danger of infringment on the Park site which has been cited repeatedly as the major concern. Apparently there is potential right-of-way available on the Minnetonka side, platted already to provide a roadway to accommodate our concern with access to Rowland Road via a frontage road. Wolsfeld stated the platting was 300 feet for the road- way facility, but he thought it not developed at this point and would require additional right-of-way if funds were available. Penzel questioned why 300 feet of right-of-way is necessary when that is typical freeway right-of-way and this is supposedly a four-lane collector street requiring less. Wolsfeld said that they have not looked at frontage road alternatives to the north. Penzel asked whether or not Crosstown extension traffic would "flow-through" or "T" at County Road 4, the western terminus. Wolsfeld stated that this is obviously a tough design situation. If there was not a wetland the situation would be much simpler. Penzel wondered which "street" would be the one not requiring the off-set; would be the major traffic bearer. Wolsfeld responded it would be County Road 4. Penzel replied that from 8RW's traffic estimate this would not make sense as there is twice the volume of traffic on the Crosstown-extended and these vehicles will be made to go around two corners. Wolsfeld concurred that the Crosstown could be made the major thoroughfare with through movements. Penzel questioned what would become of the 12,000 vehicles once they reach County Road 4, since there is no provision for any outlet for the traffic to the west. He said the County now owns the right- • of-way north of 62nd Street to provide for a roadway to the west, yet nothing has been addressed to the problem of these vehicles getting to Highway 101. Townline would be the logical extension since County Road 3 and Valley View Road are each in excess of a mile away. Wolsfeld stated the local circulation issue and impact on secondary streets is something they are going to look at. Penzel said when Eden Prairie first approved a concept of the Crosstown exten- sion in design form in 1974 or 1975,commitments were made by the County re- garding road improvements necessary to make this work. Some improvements committed to have been made,largely of necessity, but they hardly lend them- selves to meeting.the needs of the ending of a major collector street. Edstrom wondered whether or not consideration had been given to moving the westerly portion of the Crosstown extension to the north to avoid the wetlands. Wolsfeld said consideration had been given but it would require the taking of homes. Edstrom felt it would be a mistake to try to blend either of the roads; that a crossing of the two should be considered. Edstrom asked what our • Guide Plan shows in the area between Rowland Road and Shady Oak which might create further problems for us as far as local transportation is concerned. Planning Director Enger replied that low density residential is shown south of the border between Eden Prairie and Minnetonka. The City has considered in the past the impact the terminus of the Crosstown would have and feels the ending, no matter at what point, would put alot of pressure for commercial, office, and/or industrial development. Edstrom asked if Shady Oak and Rowland Roads are adequate to serve community needs to that area. Enger thought so. Edstrom asked how much the entire project will cost. Wolsfeld guessed $10 - $15 million. He also stated the County has not programmed the improvement west of 494, but that consideration must be given to further improvements because they will impact present decisions. c • City Council Minutes -4- • May 5, 1981 Dean Holasek, 6475 Rowland Road, questioned the need for an off-ramp at the Rowland Road intersection especially if the Park is going to be developed as a quasi-passive area. Director of Community Services Lambert said the Park will be expanded in the same uses it has had in the past -- beach, boat, picnic use, and trails. He said in his talks with County officials they feel the primary access point to serve the regional area of Bryant Park will be off of 494 coming across and going down Rowland. Holasek asked if the Park entrance will be moved. Lambert replied the entrance will be half way between Shady Oak and where the Crosstown will • be. Holasek then posed the question: "Where will that traffic exit?" • John Palm, 6389 St. John's Drive, asked if consideration had been given to public transportation, whether or not the moraine just west of St. John's Woods has been protected, and wondered why the Crosstown has to go further west than 494. Wolsfeld responded the Metropolitan Transit Commission and the Metropolitan Council call for continued reliance on bus transportation and plans will be developed to be consistent with that. The moraine issue is new and something about which we were not aware. The option of stopping the Crosstown at 494 is definitely one of the alternatives. Palm expressed a desire to see the pond at the southwest corner of the Baker Road and Townline Road intersection saved. Al Harrison, 6941 Beach Road, expressed concern about the alignment of Beach Road to the east of its present junction with what would be the Crosstown. extended and how this forces the residents away from their usual west and southwest focus for Eden Prairie activities. Edstrom said that a bike and pedestrian trail might be brought north along Beach Road as it is now to join a similar trail along the Crosstown/Townline. Warren Gerecke, 6622 Golden Ridge, wondered how drivers would react to two signalized intersections within a short distance. He was concerned that by not considering this a freeway, a situation would be created similar to that where 35W and the Crosstown use the same roadway for a short distance in Rich- field. Susie Hummel, 6362 St. John's Drive, asked whether or not the original plans for the Crosstown were for it to go all the way to 101. Penzel said they were. Edstrom said that if the link between Shady Oak and 494 is built you will have a Crosstown all the way out to 101 -- albeit two-lane gravel in some parts. Harrison asked if something more than just a notice, perhaps a one-page summary of the Scoping Report, could be sent to residents of the area. Penzel asked if the July 8th meeting could be held at.7:30 p.m. which would be a more convenient time for most citizens who would want to attend. MOTION: Tangen moved, seconded by Edstrom, to instruct Staff to incorporate the comments heard tonight into a formal response which will be considered by the Council prior to the July 8th meeting. Motion carried unanimously. • C VSLIO TO: Mayor and City Council FROM: Chris Enger, Director of Planning THROUGH: Carl Jul lie, City Manager DATE: June 9, 1981 REGARDING: City position on Draft Scoping Report for Co. Rd. 62 At the May 5, 1981 City Council meeting, BRW (Engineering Consultants for the County Highway Department) presented a Draft Scoping Report for the County Road 62 Environmental Impact Statement. Residents within Eden Prairie, near the Crosstown Extension were notified by mail and a notice was published in the local paper. The purpose of the meeting was to make the Community aware of ihat alternatives were being considered in the Scoping Report for futher study in the Environmental Impact Statement Process. The meeting was also meant to provide input from the City regard- ing items not considered or that were considered that should be dropped. The purpose of the Scoping Report is to examine briefly, all reasonable alternatives and to limit the alternatives to be studied "in depth" in the 'E.I.S. to a reasonable number arrived at through general consensus of all the parties involved. Within that forum, the City Council had a lengthy discussion regarding additional alternatives which we have attempted to summarize as follows: 1. The official City position on the 62 Crosstown is embodied in Resolution No. 1181 (Sept. 7, 1976 attached). This position was adopted based upon the 'high bridge' alternative. Because of the potential visual and.environmental effects on the Nine Mile Creek Valley, this alternative should not be dropped. 2. The need for building of the Crosstown at all must be clearly demon- strated in the E.I.S. Process. 3. The intersection of Co. Rd. 4 and Co. Rd. 62 should be studied in the E.I.S. and the alternative of a four-way intersection should be pre- served. 4. "No Access" at Rowland Road Alternative should be carried to the E.I.S. in light of development pressures which would be created contrary to Eden Prairie's Comprehensive Guide Plan if access were given. 5. Upgrading of Townline Road west of Co. Rd. 4 should be studied with all 'build' alternatives, because of the additional traffic which would be generated. V l�,a„ • Memo-Crosstown 62•Scoping Report • page 2 • 6. A reduced design roadway 9 (other than freeway standards) similar to Co. Rd. 62 west of I-494, with access control, should be studied for possible cost savings and less adverse impact. 7. The service road alternative from Beach Road to Rowland Road should be modified because of severe topographic constraint on the south side of the road, however, a service road.on the north side of the Crosstown from Clearwater to Rowland should be studied. The Council may wish to add to this summary, but we have prepared it to • aid you in adoption of an official position to be entered into the record at the July 8, 1981 Scoping Meeting. We have prepared Resolution No. 81-111 to aid you in this. CE:ss • • C 6/81 CITY OF EDEN PRAIRIE 51_ 376 HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. 81-1II RESOLUTION COMMENTING ON THE MARCH 198I SCOPING REPORT FOR C.S.A.H. 62 (CROSS- ' TOWN HIGHWAY) WHEREAS, BRW, the official Engineering Consultant Group for the Hennepin County Highway Department for the 62 Crosstown Environmental Impact Statement Process, has presented a Draft Scoping Report on the 62 Crosstown at the May 5, 1981 Eden Prairie City Council Meeting; and WHEREAS, at the May 5 meeting, alternatives to be studied in a formal E.I.S. Process and alternatives to be dropped from further consid- ' eration were suggested by BRW; and WHEREAS, Eden Prairie is one of the governmental entities affected by this proposed action, and has been requested to submit comments on it for consideration at the July 8, 1981 Scoping Meeting; and • WHEREAS, Eden Prairie has had a long-standing position on the 62 Crosstown Extension and it's effects on the Community; and WHEREAS, a complete study of alternatives detailed in the March I981 Scoping Report and the following alternatives is in the best interest of the health, safety, and general welfare of the citizens of the City of Eden Prairie, NOW THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL AS FOLLOWS: That in addition to the alternatives outlined in the March 198I Scoping Report as being studied in the E.I.S., the City of Eden Prairie requests the following also be studied in the E.I.S.: 1. Layout No. 6, revised 12/4/75, Project No. 6839. 2. The need for building of the Crosstown at-all must be clearly demonstrated in the E.I.S'. Process. 3. The intersection of Co. Rd. 4 and Co. Rd. 62 should be studied in the E.I.S. and the alternative of a four-way intersection should be preserved. 4. "No Access" at Rowland Road Alternative should be carried to the E.I.S. in light of development pressures which would be created contrary to Eden Prairie's Canprehensive Guide Plan if access were given. I . 1 Resolution No. 81-111( • ! page 2 • • 5. Upgrading of Townline Road west of Co. Rd. 4 should be studied with all 'build' alternatives, because of the additional traffic which would be generated. 6. A reduced design roadway (other than freeway standards) similar to Co. Rd. 62 west of I-494, with access control, should be studied for possible cost savings and less adverse impact. 7. The service road alternative from Beach Road to Rowland Road should be modified because of severe topographic constraint On the south side of the road, however, a ser- • 'vice road on the north side of the Crosstown from Clearwater to Rowland should be studied. ADOPTED, by the Eden Prairie City Council on June 16, I961. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk SEAL • • • • c ( • • City Council Minutes -3- November 3, 1981 • VI. REPORTS OF ADVISDRY COMMISSIONS There were none. • VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Presentation of final Crosstown Scoping Report by Hennepin County (Resolution No. 81-222) City Manager Jullie introduced Richard Wolsfeld of BRW (Bennett-Ringrose- Wols•feld-Jarvis-Gardner, Inc.) who spoke to the "Final Scoping Report." Wols- feld noted the changes that have been made in the "Final Scoping Report" are the result of resolutions received from public bodies such as the City of Eden Prairie and from testimony at the Public Nearing held in July. ;\ Wolsfeld addressed the comments which had been made by the Council via • off`` its Resolution 81-III adopted on June 16, 1981. He reviewed the issues I'3,8� and impact areas which will be addressed in the Draft Environmental Impact 1 \ Statement as well as the five alternatives to be addressed in detail. 'j8 r5 1-3 Edstrom asked if residents of the Rowland-Beach Road areas had been notified of tonight's meeting. Jullie said they had not. Wolsfeld said the people who had attended the Public Hearing had been told they would be sent a copy of the "Final Scoping Report" once it had been acted upon by the City Councils of Eden Prairie and Minnetonka and prior to the time it was to be presented to the Hennepin County Board of Commissioners. Bentley said he personally feels there should be a connection between Beach and Rowland Roads. Edstrom said he would,like to hear from residents of the area before acting on the report. Penzel concurred. Herbert 0. Klossner, Director of the Henne- pin County Department of Transportation, noted there will be an other Public Hearing regarding the Draft Environmental Impact Statement. MOTION: Edstrom moved, seconded by Tangen, to continue this item to the November 17, 1981, meeting of the City Council, Motion carried unanimously. Jullie asked if funding was still a reality to this project. Klossner said it was and they wanted to get in on the funds as soon as possible. B. Administrative Land Division for proposed motel site at West 78th Street and TH 169 I , ! C VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Presentation of final Crosstown Scoping Report by Hennepin County (Resolution No. 81-222) - continued from November 3, 1981. City Manager Jullie reviewed what had happened up to tonight's meeting. He noted that reports had been sent to the residents who attended the 3? / July meeting. • Herbert 0. Klossner, Director of Hennepin County Transportation Department, •I introduced Sue Rhode who outlined the process of the study. Cea"" Jim Cardinal, 15701 West 62nd Street, asked who had received notices for I11 ��,� the meeting and how had these residents been selected. Enger said Eden Prairie City Staff sent out about 500 notices to people east of County Road 4 because the Scoping Report only deals with the area east of County Road 4. Cardinal expressed concern that the residents west of County Road 4 were not notified because they will be affected by what happens•to the east of them. Ron Pashina, 15600 Oak Ridge Road, said he has received more letters about Dutch elm disease in his yard than he has about a four-lane highway coming through. Penzel said it was unfortunate the people west of County Road 4 were not notified. Klossner said the Scoping Report had to stop somewhere and County Road 4 was. the stopping point. Paul Choiniere, 15819 North Eden Drive, said there were issues not addressed in the Scoping Report such as what will happen with Highway 101, Highway 7,. 212/169 in Eden Prairie, and the impact it will have on Townline Road. Bentley noted this is not a City action but a County action and the residents will have an opportunity to voice their opinions before various County Board hearings. Redpath would like to see action on the Scoping Report extended two weeks so that more residents will have an opportunity to read the report. C C • • City Council Minutes -8- November 17, 1981 • Klossner said the Scoping Report must be put into perspective. All the Scoping Report does is identify the issues along with the route which will be studied in the Draft Environmental Impact Statement. There will be additional citizen input at that time. Cardinal said if the Council intends to extend action two weeks then the people in Minnetonka - Black Oaks, Boulder Creek areas - should also be notified as this will have an effect on them. MOTION: Redpath moved to extend the Scoping'Study for two weeks. Copies of the Report will be made available on a first come, first served basis. Motion died for lack of a second. Edstrom said the impact of the Crosstown do go beyond County Road 4. • Oonna Pashina, I5600 Oak Ridge Road, said a notice of meetings such as the one at which the Scoping Report was discussed should be in the Eden Prairie News. Bentley said perhaps approval should be subject to Hennepin County holding a meeting for the residents. Cardinal said as far as he is concerned the Council can approve the Report. He would, however, like to have a copy of the Report. Choiniere said he does not think the Report should be approved because the impact that will take place by a four-lane highway emptying onto Townline' Road has not been addressed. Tangen said the issues have been addressed and Townline Road has not been ignored. Individuals may not have received notification, but the issues . have been addressed. Penzel said our system of government allows for citizen input and at the point we are now at with this Study the issues which have been raised will be looked into and studied further. MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 81-222, approving of Crosstown Scoping Report. Motion carried with Edstrom voting "no." /(aw)/ /-J72 ( ( , cD CITY OFFICES/8950 EOEN PRAIRIE ROAO/EOEN PRAIRIE.MN 55344-2499/TELEPHONE 16121937.2262 March 4, 1983 Hennepin County DOT 320 Washington Ave. 5o. Hopkins, Minn. 55343 Attn: Mr. Vern Genzlinger, P.E. CSAH 62 Project Manager Re: Draft Enviromental Impact Statement CSAH 62 Statements in this letter are directed to your attention as being the City of Eden Prairie's position regarding the construction of County State Aid Highway 62 as described in the draft enviromental impact statement. We request the following items be given consideration: A. After reviewing the profiles and the associated costs with the alternatives for the creek crossing and pedestrian pathway along the creek, it is our opinion that the bridge alternative significantly better meets the needs for the area. The esthetics of the proposed box culvert alternative are an important consideration to the City. However, perhaps even more important is the safety and maintenance aspect of the lengthly "tunnel" for pedestrians as necessitated by the massive amount of fill. Regardless of the size of the opening for the culvert, the length would probably require that the pedestrian way be lighted for safety purposes. Even with lights, the obscure nature of the pedestrian facility could lead to potential personal safety crimes against users. The bridge alternative would resolve our concerns regarding both esthetics and safety for the area. B. The City of Eden Prairie strongly favors sub alternative C for the western terminus of the project as shown in the document. This alternative provides a safe intersection with CSAH 4 as well as causes the least amount of disruption to neighborhoods in Minnetonka and limits the enviromental impact to the lowlands to the south. Although the level of detail cannot be great with the small scale drawings as provided in the document, we would ask that specific attention be given the intersection of CSAH 62 and CSAH 4 during final design. The draft enviromental impact statement indicates a skewed angle at this intersection which should in fact be 90° for safety purposes. C. We acknowledge the statements by Mr. Klossner at our Council Meeting of March 1, 1983, regarding the inclusion of improvements to Townline Road between CSAH 4 and TH 101 as well as Baker Road south of CSAH 62 • s C l Mr. Vern Genzlinger, P.E. March 4, 1983 Pg. p during the next 5 year capital improvement budget cycle. However, we request that both of these facilities be scheduled in that • planning process so as to provide safe roadway facilities concurrent with each segment of the Crosstown construction being completed. D. The City of Eden Prairie favors a grade separation for both Rowland Road and the two Railroad crossings. E. Finally, we would request that a sidewalk/bikeway be provided between CSAH 4 and Beach Road. We believe that a pedestrian facility along this segment would provide access to the park system in the vicinity of this roadway corridor. We appreciate the opportunity to comment on this document and make our staff available to discuss in more detail any of these items. Sincerely, t. /l �< fJ •/ ,f i • Eugene A. Dietz, P.E. Director of Public Works EAD:sg c V. c w h *4' . . S 3 M N . k ry w v F 3 O N 4 C.% M @ 1 ti C F ti ti I. v I o � a I o Ina ti V $ o o 7 lv ev III �' n n n Z o to 8 40. 1 T=_______— 0o roSl. - 'I ' fl , oose 00r5' oy N Offat 13,k Q OL* D�t I ( 110 a 00•; �`\^ vela 00LL 00hb FH•5, D� Qi 0011* G® 1 ,A T ' 000' .till 101 1 vvv24 • ONoB 1730 • o0Eh1 0005 It 1 DXh` 1Q1NM 1) - 4 S�-io3 eip CITY OFFICES/8950 EOEN PRAIRIE ROAD/EDEN PRAIRIE.MN 55300-2099/TELEPHONE 16121937.2262 edam pram March 2, 1987 Mr. Theodore J. Hoffman, P.E. Chief Design Division Hennepin County Department of Transportation 320 Washington Avenue South Hopkins, MN 55343-8468 RE: CSAH 62 from CSAH 60 to TH 101 County Projects 6312 and 7419 Dear Ted: At your request, this letter is written to summarize the comments of the Eden Prairie City Staff regarding CSAH 62 proposed construction. The following summarizes the questions and concerns we have about the proposal: 1. Intersection of CSAH 4/CSAH 62. As we have previously discussed, Staff is concerned about the geometrics of this intersection. First of all, several intersections easterly of County Road 4 are proposed as being at-grade and intentionally signalized. We are questioning the cost effectiveness of the bridge proposal and related access as compared to an at-grade fully signalized intersection. In previous discussions, you have indicated that the proposal is the most cost effective for a variety of reasons -- I would ask that you summarize that information for the benefit of other Staff members as well as City Council. 2. Scenic Heights Road/Duck Lake Road intersection. The plan as submitted for our review shows that a full access intersection with Scenic Heights Road in Minnetonka and Chatham Way in Eden Prairie would be provided. However, Duck Lake Road is a City collector street and has continuity from Townline Road to Valley View Road. We request that a full access intersection with the proposed improvement be made at Duck Lake Road instead of at Chatham Way. Some frontage road interconnection between Chatham Way and Duck Lake Road would then be appropriate. The need for a.Duck Lake Road connection to Townline Road is further emphasized with the fact that Whispering Oaks Drive and Cranberry Lane are proposed as right-in/right-out intersections only. r., 1 C Ted J. Hoffman - 2 - March 2, 1987 I 3. Access to undeveloped areas between Creek and Cranberry Lane. At a previous meeting, I showed you a potential development arrangement for the undeveloped area west of Woodlawn Heights (Cranberry Lane). Due to the topography and property ownerships, we would ask that a full access intersection be made at Barrington Court West in Minnetonka. Closing the median at Barrington Court East and Creek Ridge Pass in Minnetonka in favor of 8arrington Court West would still provide access to all of those streets in Minnetonka and yet provide the only suitable full access to the undeveloped area in Eden Prairie. I provided you a sketch plan that illustrates this concept. 4. Undeveloped area between Creek and Dell Road. In order to develop the remaining property east of Hidden Glen (Dell Road) an additional full access to Townline Road will be necessary. Conceptually, a full access approximately 800 feet east of Dell Road would fit the needs for this area. From the comments listed above, you will note that our primary concern is proper planning of access to the city street system in conjunction with the upgrading of Townline Road. The City Staff fully supports the upgrading of the roadway and will recommend to the City Council that the project be approved subject to consideration of the above listed items. In fact, we are somewhat disappointed that the schedule for the proposed upgrading has "slipped". When we began discussing this project in earnest a few years ago, 1988 was the target date for upgrading the roadway. The current program proposes that 1989 is the year of construction and there has been some discussion that the middle segment (Baker Road to CSAH 4) be done ahead of the westerly segment. We are opposed to this revised schedule. The existing middle segment has poor horizontal and vertical alignments in some areas, however, it is functional and should easily be able to provide adequate traffic circulation and capacity for several more years. However, the westerly segment is quite literally falling apart. Some sections of the roadway are not available for use during spring floods and the surface condition as well as horizontal and vertical alignment are extremely poor. We strongly favor this section being done first and hopefully at an accelerated schedule. We recognize the controversy surrounding the proposed road section. The City Staff will recommend concurrence of the proposed design to our City Council. It is my opinion that some members of the community may be surprised to learn that the forcasted traffic will warrant a four-lane divided facility at initial construction. However, the rapid growth in the vacinity of Townline Road certainly provides an explanation towards understanding the proposal. Our primary goal is to obtain a roadway that will function twelve months out of the year in a safe manner. If you determine that an initial two-lane construction ! project with a future update four-lanes is the most cost effective method of 9 /1,,i;� 1 Ted J. Hoffman - 3 - March 2, 1987 providing the ultimate facility, we will not argue the point. However, we would urge that the most fiscally responsible expenditure of public funds is to provide the most cost effective design at the initial stages of construction. In other words, if there is a savings to the Hennepin County tax payers with the initial construction of a four-lane divided facility, City Staff will support that proposal before our City Council. Once you have determined the layout plan you wish to present to our City Council, please contact me and we can discuss a timing of a presentation. In the meantime, please call me if you would like clarification of any of the information I have provided above. Sincer y, 4.44 Eugene A. Dietz, P.E. Director of Public Works EAD:ss cc: Carl Jullie Chris Enger I sz- ioe DEPARTMENT OF TRANSPORTATION Iu! 320 Washington Av. South HENNEPIN Hopkins, Minnesota 55343-8468 • 935-3381 May 18, 1987 _FL_ Mr. Eugene Dietz, P.E. Director of Public Works Eden Prairie City Engineer 8950 Eden Prairie Road Eden Prairie, Minnesota, 55344 CSAH 62 FROM TH 101 TD CSAH 4, COUNTY PROJECT 7419 CSAH 62 FROM CSAH 4 TO CSAH 60, COUNTY PROJECT 6312 Dear Mr. Dietz: Thank you for your comments regarding the above referenced projects. Dur staff has reviewed your questions and concerns and has the following comments on the four issues that you identified in your letter. 1. INTERSECTION DF CSAH 4/CSAH 62 The evaluation of an at-grade intersection versus a grade separation included several criteria to measure one alternate against the other. The criteria applied to each alternate were civil engineering roadway design standards, environmental concerns, and land use impacts. Dur evaluation is summarized in the following outline and includes the pros and cons for each criteria that is applicable. I. At Grade Intersection A. Civil Engineering Roadway Design Standards 1. less than desirable roadway geometrics a) Not a 9D degree intersection b) Reverse 11 degree 3D minute horizontal curves 1) Inability to use tangent section due to constraints c) Shifts alignment 2. Potential safety hazard under icy conditions a) Need maximum superelevation 8. Environmental Concerns 1. Greater impact upon the wetland a) Need to reconstruct the balance berm b) Encroachment into open water area HENNEPIN COUNTY an equoi opportunity employer -Y Mr. Eugene Dietz ( ( May 18, 1987 c) Uncertainty of failure plane due to additional 17' of fill 2. Encroachment into the park in the southeast quadrant C. Land Use Impacts 1. Need to acquire one additional home 2. Grades on side streets will be increased 3. Side slopes will minimize yard useage a. Need to construct retaining walls 4. Construction limits will be extended 5. Access to house number 6120 is questionable 6. Duration and impact on neighborhood access is longer II. Grade Separation A. Civil Engineering Roadway Design Standards 1. Topography enhances grades 2. Utilizes the proposed grade from the project currently under construction 3. Utilizes the proposed alignment from the project currently under construction 4. Probable need for two signal systems B. Environmental Concerns 1. Impact upon wetland a) Construction of the southeast ramp C. Land Use Impacts 1. Duration of neighborhood inconvenience is less As you can see, the selection of the recommended alternate reflects in depth study of some very sensitive issues. We are confident that the grade separation is the best recommendation. Attached are the profile, layout and cross sections that we prepared in order to aid this decision. 2. SCENIC HEIGHTS ROAD/DUCK LAKE INTERSECTION We have revised the layout to show a full access intersection at Scenic Heights Drive/Chatham Way and at the Duck Lake Road/8aney Court intersection. Baney Court was realigned slightly to accommodate the full access intersection and the frontage road between these intersections is shown as a cul de sac. Your concern regarding a right-in/right-out at Whispering Daks Drive and Cranberry Lane is solved by the elimination of the median in this segment of roadway. 3. ACCESS TD UNDEVELOPED AREAS BETWEEN CREEK AND CRANBERRY LANE Again your concern about providing full access into the undeveloped area west of Cranberry Lane is resolved by the elimination of the median. More i,1 Mr. Eugene Dietz May 18, 1987 importantly, however, is to be sure that any future access intersections are opposite those that exist, now that the median is eliminated. 4. UNDEVELOPED AREA BETWEEN CREEK AND DELL ROAD We have provided an access (shown as future street on the layout) to the undeveloped area east of Hidden Glen. The enclosed layouts were revised to reflect your input as well as comments from the City of Minnetonka. You will notice that the layout shows a change west of Duck lake Road. At the request of Minnetonka, we have revised the plan concept to show a transition from a four lane divided roadway to a four lane undivided roadway between TH 101 and Duck Lake Road. Despite the fact that this is an adequate solution in dealing with the transportation needs in this area, our preferred alternate remains unchanged; that is, a four lane divided ro adwa adway ahsmoothrfree-flowingTroadwayowithout interruption.he purpse of a four lane Lefted oturning movements interrupt that flow and reduce the number of free flowing lanes. We anticipate that the operational effectiveness of a free-flow system will become ineffective between TH 101 and Duck Lake Road because of the number of left turning movements into driveways and street intersections. These movements pose a potential safety hazard and reduce the number of thru lanes. This will be evidenced by the number of left turn movements resulting from the 14,000 cars per day using the roadway. You stated in your letter that you are opposed to having the middle segment of this project programmed before the westerly segment. It is our intent to let the westerly segment (C.P. 7419) in 1989 and the middle segment (C.P. 7419) in 1990. However, I cannot assure you that some unforeseen event could alter this timetable or "flip-flop" these projects. I appreciate your concern for the expenditure of pubic funds that will provide the most cost effective approach to this design. We, too, want the most bang for our buck and we also want to utilize as many funding sources as possible to achieve that goal. An important funding source for these projects will be State Aid. As a condition for receiving State Aid funds, minimum State Aid Standards must be met. One of the standards require a four lane facility to accommodate a traffic volume of 8,000 cars per day. Since the projected traffic volume for these projects will vary between 14,000 and 23,000 cars per day, it is clear that the standards mandate a four lane facility. Since our aim is to procure State Aid funds for these project, conformance of the State Aid rules are essential. If you have any questions about these projects or would like to discuss the layout, please let me know. Sincerely, Y e J. Hbf man, P.E. Chief Design Engineer BMP:mak cc: Don Asmus - City of Minnetonka • S. A. V. E. SELECT ANOTHER VIABLE EXTENSION FIRST - THANK YOU TO THOSE PEOPLE WHO SUPPORTED US AND SIGNED THE PETITION. WE HAVE BEEN WORKING CLOSELY WITH THE CITY OF MINNETONKA AND NEGOTIATING WITH THE COUNTY TO REVISE THE PLANS FOR TOWNLINE ROAD. SO FAR THEY ARE NOT WILLING TO BEND MUCH AT ALL. A NEW SET OF PLANS JUST CAME IN TO THE CITY AND THEY ARE NO BETTER THAN THE FIRST. THE INTERSECTION AT COUNTY ROAD 4 AND TOWNLINE WOULD LOOK LIKE THIS: Cpk Tenrrace nub/S�c� hkm� ♦ 1131 a T0WA1L:N6 0 THIS INTERSECTION IS CRUCIAL TO WHAT WILL HAPPEN ON THIS ENTIRE ROAD. COUNTY ROAD 4 WOULD BE BRIDGED OVER CROSSTOWN EXTENSION. TRAFFIC WOULD NOT HAVE TO STOP AND WOULD BE GOING AT FREEWAY SPEED. IF YOU ARE GOING EAST ON TOWNLINE AND WANT TO GET ON 4, YOU HAVE TO GO UNDER THE BRIDGE UP CLOSE TO THE NURSING HOME, MAKE A SHARP LEFT AND GO NORTH UP TO ANOTHER INTERSECTION WHERE YOU TURN RIGHT OR LEFT. THE REVISED PLAN STILL SHOWS THE ROADWAY AS 4-LANE WITH A MEDIAN UP TO ABOUT BANEY COURT AND NO MEDIAN WEST OF THERE.. NOW - WE HAVE GOT TO START MAKING A LOT OF NOISE!! WE HAVE MAYORS AND COUNTY COMMISSIONERS THAT NEED TO KNOW HOW MANY OF US DO NOT WANT THIS! THEY ARE WELL AWARE THAT I DO NOT WANT IT BUT THEY NEED TO KNOW THOUSANDS OF US DO NOT WANT THIS. AND, THEY NEED TO KNOW WHAT IT IS WE WANT. WE WANT: 1. AN INTERSECTION AT COUNTY ROAD 4 AND TOWNLINE ROAD WITH SIGNALS. THIS WILL SLOW THE TRAFFIC DOWN AND ALERT THEM THAT THIS IS NO LONGER A FREEWAY. 2. A TWO LANE RESIDENTIAL ROADWAY WITH BIKE PATHS, 30 MPH, 4 TON LIMIT ROAD. JUST LIKE THE NEW VINE HILL ROAD SOUTH OF 7. THIS WILL FULFILL WHAT WE WERE TOLD BEFORE WE BOUGHT HOMES HERE AND IS IN KEEPING WITH THE SINGLE FAMILY LAND USE PLAN OF THE AREA. 3. LANDSCAPING TO BUFFER THE ROADWAY. I/<I (. PAGE 2 THE PEOPLE YOU SHOULD BE WRITING AND CALLING ARE: MAYORS MINNETONKA EDEN PRAIRIE LARRY DONLIN GARY PETERSON 14600 MINNETONKA BLVD. 7600 EXECUTIVE DR. MINNETONKA, MN 55345 EDEN PRAIRE, MN 55344 OFFICE: 474-8396 OFFICE: 829-1600 929-6650 COUNTY COMMISSIONERS MINNETONKA JOHN KEEFE EDEN PRAIRIE A-2400 GOVERNMENT CENTER " :""'' ':' RANDY JOHNSON MINNEAPOLIS, MN 55487 A-2400 GOVERNMENT CTR GOV'T OFFICE: 348-3087 MINNEAPOLIS, MN 55487 OFFICE: 935-1399 GOV'T OFFICE: 348-3088 INSIST ON TALKING TO THESE PEOPLE. THEY ARE SUPPOSED TO REPRESENT THE PEOPLE THAT VOTED THEM IN OFFICE!!!! YOU NEED TO CALL AND CALL AND WRITE AND WRITE. IF YOU DO NOT DO THIS, THE COUNTY WILL DO WHATEVER THEY WANT TO DO AND SAY NO ONE OBJECTED!! WITHOUT YOUR ACTION THIS ROAD WILL BE IN YOUR BACKYARD FOREVER!!!! THE NEW PLANS ARE AT CITY HALL IF YOU WANT TO SEE THEM. CALL OR WRITE ME WITH QUESTIONS OR SUPPORT. • THANK YOU. SUE OLSON S.A.V.E. CHAIRMAN /612 C c —, f DEAR THREATENED NEIGHBOR, Hennepin County engineers have approved plans for an extension of Crosstown Highway from County Road #4 west to Highway #101. This four lane divided highway with turn lanes would follow the corridor visible north of and parallel to Town Line Road. The speed limit on the road would be 45 mph and construction would begin in 1988. It is projected by Hennepin County that almost 28,000 vehicles would travel this road per day. Currently, the plans are at the cities of Minnetonka and Eden Prairie where they must be approved by majority vote of each city council for the project to proceed. In May of 1986, the neighborhood organization of S.A.V.E. was formed chaired by Sue Olson of Minnetonka. S.A.V.E. (Select Another Viable Extension) is membered by property owners concerned with the ultimate devastation of environment and quality of life this road would cause. Sue Olson and her steering committee have spent months collecting vital facts and figures, establishing working relationships with staff and politicians of Minnetonka, Eden Prairie, and Hennepin County, and establishing a relationship with the Sailor newspapers that have led to numerous cover stories. S.A.V.E. has proposed a scaled down road plan for Town Line Road that would be in harmony with the current land use in the area. This plan includes: 1. two lane residential roadway 2. 30 mph speedlimit 3. bike/walking paths 4. appropriate landscaping 5. weight restrictions that would preclude heavy commercial/ industrial traffic 6. upgrading to follow the current path of Town Line Road As of this writing, politicians and staff of Minnetonka have told S.A.V.E. and Hennepin County that S.A.V.E.'s scaled down plans are in agreement with their thinking. From S.A.V.E.'s inquiries, it is generally perceived that politicians of Eden Prairie are "pro" major highway. NOW IS THE TIME FOR ALL NEIGHBORS TO UNIFY AND TAKE SOME ACTION!!!! First! A petition is currently circulating that states S.A.V.E.'s roadway altertative. S.A.V.E. is asking all property owners to please be concerned about this issue and to realize that as a large number we can make a strong voice and a strong plea. Please sign the petition! Second! S.A.V.E. needs assistance from anyone that can help make calls, stuff envelopes. or walk a petition around a neighborhood. Also if you know of any legal information, environmental information or bureaucratic requirements that pertain to this matter, please notify S.A.V.E. /6 } c Third! S.A.V.E. is formulating a mailing list for periodic newsletters of happenings regarding Town Linn Road. To be on this mailing list, S.A.V.E. is asking a contribution of $1O.0O per household. This $10.00 will be used for costs of mailings and to defray operational expenses. Your $10.00 contribution should be sent to: Donna Heelan-S.A.V.E. 6795 Whittington Walk Eden Prairie, Mn. 55344 Please print your name, address and phone number. In the event we need to convene on short notice to city hall, you can then be telephoned. Direct all other inquiries and information to your district repre- sentatives. Minnetonka- West of Scenic Heights Drive (District #1) Jeff Pierson- 934-7048 Warren Bancroft- 937-1396 Between Woodland Road and Scenic Heights Drive (District #2) Dan Kurolchuk- 934-2290 Jim Anderson- 934-3032 East of Woodland Road (District #3) Kelly Strong- 934-7492 Bonnie Benson- 934-9144 Eden Prairie- West of Duck Lake Road (District #4) Lynn Stenstrom- 934-7646 Jerry Kerber- 937-9653 East of Duck Lake Road (District 95) Kathy Anderson- 934-9130 Jane Harrison- 937-0243 REMEMBER Your voice is important. Your energy is important. Your contribution is important. With all three of these we have a chance. Without them we do not! CiSc Thankyou, Y Sue Olson . N a Chair of S.A.V.E. August 20, 1986 Addendum: With regard to the survey crews you have seen around Town Line Road. These crews are finding lot lines and other topo- graphical details to make current maps of the area. These maps are most probably to our benefit and needed to be done regardless of what kind of upgrading is to be done to Town Line Road. C C S2-103 S.A.V.E. Select Another Viable Extension S.A.V.E. is an organized group of homeowners in the area of Townline Road between County Road #4 and Highway #101 and adjacent areas. By working amongst ourselves and in conjunction with the cities of Minnetonka and Eden Prairie, Hennepin County, and the State of Minnesota, we hope to be persuasive in the selection of another viable extension of the Crosstown Highway rather than the four-lane divided highway proposed by Hennepin County. Our foremost concern is to maintain the quality of life that presently exists in the area and to prevent the threat to our wildlife and to the safety of our families and children. May, 1986 C11 S.A.V.E. Select Another Viable Extension STEERING COMMITTEE 1 Chairman Susan,Olson ' 6105 Haney Court 1 Mtka, Minn. 55345 y93 -4282 home / Associate an Harrison Chairman 6287 Cha ay Eden Prairie, Mn. 55344 937-0243 home District Representatives District #1 Jeff Pierson Warren Bancroft 5911 Covington Court 5900 Joseph's Point Rd. Mtka., Mn. 55345 934-7048 home Mtka., Mn. 55345 937-1396 home 544-8681 work District #2 Don Korolchuk Jim Anderson 16200 Townline Road 5933 Scenic Place Mtka., Mn. 55345 934-2290 home Mtka., Mn. 55345 934-3032 home istrict #3 934-4361 work Kelly Strong Bonnie Benson 15213 Boulder Crk. Dr. 15273 Boulder Crk. Dr. Mtka., Mn. 55345 934-7492 home Mtka., Mn. 55345 934-9144 home 936-4456 work 347-4104 work District #4 Lynn Stenstrom Jerry Kerber 6220 Duck Lake Rd. 6240 Duck Lake Rd. Eden Prairie, Mn. 934-7646 home Eden Prairie, Mn. 937-9653 home 55344 553-1900 work 55344 422-4220 work District #5 x216 Peter Landry Roy Jensen 16737 Camborn Place 15601 Townline Rd. Eden Prairie, Mn. 934-6796 home Eden Prairie, Mn. 934-2928 home 55344 870-2089 work 55344 588-2731 work District #6 Gary Kluempke 19008 Townline Rd. Mtka., Mn. 55345 474-0158 home 9 w i C 3 J :1) . / .C‘'1 1 atio� �►NC-a°Qf A I) O Iii W z 2. 3/1(Na S..1.149Iam -D')uaDs O Z c►vo8 3)4V7 >IDna W 2 X 3 Li Ak- tu i . ! 1 for M� > o 1- Q 2 o .cij4 �1! V1 U lit P W J W CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 87-153 RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT WHEREAS, a petition has been received and it is proposed to make the following improvements: I.C. 52-125 STREET AND UTILITY IMPROVEMENTS FOR EXTENSION OF EVENER WAY and assess the benefitted property for all or a portion of the cost of the improvements, pursuant to Minnesota Statues, Chapter 429. NDW, THEREFORE, BE IT RESDLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study with the assistance of BRW, Inc., 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. ADDPTEd by the Eden Prairie City Council on JUNE 16, 1987 Gary D. Peterson, Mayor ATTEST: SEAL John D. 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): XX (General Location) Sanitary Sewer Evener up to and through The Ridge 2nd Addn. XX watermain XX „ n o u u u u Storm Sewer X u u u n n u u Street Paving n u u u u H XX otherSidewalk Street Address or Other :.^-3a1 Description of Names of Petitioners Property to be/Served (Must Be Property Owners) • ti R y i;7L/ate (WC/ �r[o:.�y 4, • 7o4r1 hy' �G T4=1 t-; . C71t- s/em/v..-f 4.......-t.-/ r Wr Dirlam Development (For City Use) Date Received /VIA' ,(9 31 Project No. Council Considu:ation I6.i Legal Description That part of the West half of the Southeast Quarter of Section 7, Township 116, Range 22 lying North of the South 1076.58 feet, as measured at right angles to the South and West lines of said Section 7 ..and .).ying•South and Southeast.of the southeasterly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad, formerly known as the Chicago and Milwaukee Railroad. • • • . 1 uw OTPICEB or STRONG,TULLY,TULLY 6 CROUCH,LTD. BOO NORTEST MIDLAND BUILDING B.STRONG MINNEAPOLIS,MINNESOTA 55401 TELEPHONE 333-OBIT f ORD W CROUGN we LLINO OT N TullT 0808-10831 May 13, 1987 Mr. Gene Dietz ``�( Director of Public Works �._ ^ ``„�, �•/ \yy .' City of Eden Prairie !0 y y�..9i, Eden Prairie City Hall 7801 Mitchell Road ,�'" ;jay "• Eden Prairie, Minnesota 55344 C- NI Re: Donnay's Round Lake Estates �‘"C s �\� Dear Mr. Dietz: Please be advised that the undersigned is the attorney for Mr. L. A. Donnay, owner of the above described property. Recently we have been informed that a Mr. Dirlam was in the process of developing land to the west of us, but adjacent to our Outlot B in Donnay's Round Lake Estates. We have been further informed that he has indicated that the City of Eden Prairie is going to bring sewer and water service over Mr. Donnay's property in order to serve his development. Assuming these facts are true, we wish to go on record as opposing any action requested by Mr. Dirlam for the City of Eden Prairie to condemn our property in order to bring sewer and water into his development. Most importantly, we do not foresee the development of Outlot B until sometime in 1990. The current status of the real estate market tells us that we will not be selling single family homes in the easterly portion of our property until next year. We do not want to carry, as an added expense, the cost of the City putting in sewer and water to any of our land when it is not needed. I believe you are aware that we have been putting in sewer and water for the first phase of our development on this property. It is imperative that we develop in a neat and orderly manner in order to insure our intended results. It is our intention to put sewer and water in place for the development of Outlot B sometime in 1990, but this will also be determined by the sales in the first stage of the development of this land. Finally, I do not know this for a fact, but I have been informed that sewer and water will be available for Mr. Dirlam from the south in the not-too-distant future. Yours ery truly, / , ,01 /cc! Ralph H. Tully RHT/jl c: L. A. Donnay Paul Donnay / )I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 87-154 RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT WHEREAS, a petition has been received and it is proposed to make the following improvements: I.C. 52-126 STREET, STORM SEWER AND BIKEPATH IMPRDVEMENTS FOR DELL ROAD ADJACENT TO THE RIDGE 2ND ADDITION 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 BRW, Inc., 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 16, 1987 Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk 1 • 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 Storm Sewer , Street Paving Zell �+tfP_-I. o Othe Sikt-Pt/4/ 51. P�4- / //Street Address or Other Legal Description of Names of Petitioners Property to be Served (Must Be Property Owners) SNP "Pit ' died Or /r.di, •F9ya2. Z 466 r/ Yii+u-+Tby Gev. //I to ^ (For City Use) Date Received )V)Agj957 Project No. Council Consideration • Legal Description That part of the West half of the Southeast Quarter of Section 7, Township 116, Range 22 lying North of the South 1076.58 feet, as measured at right angles to the. South and West lines of said Section 7 And lying-South and Southeast.of the southeasterly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad, formerly known as the Chicago and Milwaukee Railroad. • • MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services DATE: June 10,1987 SUBJECT: Request Authorization to Hire Architect to Prepare Plans and Specifications for Repair of the Community Center In 1984, the City began an action against the construction company and the architect of the Community Center to correct the defects of the building that has allowed considerable water damage to the structure. This process has taken an extremely long time to resolve, as it is difficult to pinpoint the various causes of all of the problems the builin .of the buildingaand itshconstructiongandAdesign,ttheiCity hasn nfiled for�anndearbitration hearing against the architect and will file for a hearing against the contractor in the future. Meanwhile, the building continues to deteriorate as water continues to seep through the walls, joints and roof. The Community Services Staff are extremely concerned about this building going through another winter without being repaired. The major concern is the natatorium and the racquetball courts. Staff believes that if this building is allowed to be exposed to continued wet conditions, the structural integrety of some of the bearing walls may be weakened. The longer the building remains unprotected from the elements, the higher the cost to repair the damages. Community Services Staff request authorization to hire Setter, Leach and Lindstrom, the architectural firm that has completed the extensive study of the problems of the building, to prepare plans and specifications to bid for the following: 1. Repair of the natatorium including applying a brick face to the three exterior walls of the natatorium. 2. Include a deduct alternate of block walls instead of brick walls in order to provide the City with the cost differences. This may also help to substantiate damages in the litigation. 3. Repair the exterior walls of the racquetball courts with a brick face and deduct alternate of block. 4. The Council may or may not want to consider adding three additional racquetball courts to this contract as a deduct alternate. Staff wold estimate a five to addi onsevn year minimum pay back period income tional racquetball courts. This was esuggested ebyr the dParks,tRecreation and Natural Resources Commission at their June 1st meeting. Staff would suggest delaying any further repairs of the building (brick face over the entire building) until the Council has decided if/and when another referendum would be proposed that might include expansion of Community Center. Staff would suggest limiting the possibility of putting exterior brick on any wall that may be covered in ( the future by proposed expansion. 1 Staff will have architect estimates on items 1 thru 3 by the June 15th Parks, Recreation and Natural Resouces Commission meeting. The estimated design cost for adding three additinal racquetball courts is $30,000. If the Council authorized the architect to proceed at this time, the architect would have to proceed immediately in order to complete plans and specifications and bidding in order to allow for a significant portion of the construction to be started prior to this winter. BL:md • 9 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-177 A RESOLUTION AMENDING RESDLUTION NO. 87-09 REGULATING FEES AND CHARGES FOR BUSINESSES LICENCES, PERMITS AND MUNICIPAL SERVICES WHEREAS, the City Council establishes fees and charges for the Eden Prairie Community Center that are comparable to typical fees and charges for similar services in similar municipal facilities, and WHEREAS, these fees and charges, for the most part, have not been adjusted for five years, and WHEREAS, a study of similar facilities indicate that the existing fees and charges are significantly less than fees and charges of similar facilities, and • WHEREAS, the purpose of these fees and charges is to attempt to offset the operating costs of the Community Center, and WHEREAS, the operating costs of the Community Center have failed to meet expenditures over the last three years, NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Eden Prairie resolves to amend Section 3.8 of Resolution 87-D9 as follows: ( B. Swimming Pool School District Educational Classes = $22.50/hour School District/Fox Jet after school use (team practice) _ $28.DO/hour School Disrict/Fox Jet Swim Meets = $50.00/hour C. Racquetball Court Individual Fees Member - $2.00/person per hour Resident - $4.00/person per hour Non-Resident - $5.00/person per hour D. Fitness Center Individual Use - $2.00 G. Membership Fees All memberships will be for twelve months from the date of purchase Resident Memberships Youth - $65.00/year Adult - $125.00/year Family - $175.OD/year Non-Resident Youth - $100.00/year Adult - $175.00/year Family -$250.00/year Resident - residents can purchase youth, adult, or family membership. Non-Residents - a non-resident who works in Eden Prairie can purchase: a. an adult membership at a resident rate. b. youth and family memberships at the non-resident rate (unless the company has a corporate membership). Corporate Membership - to be eligible for a corporate membership, a company must be located in the City of Eden Prairie. Fee for corporate membership is $500.00/year, in which they would receive five adult memberships, or a fee of $100.00/ person for an adult membership in which five is a minimum number that must be a member to get the corporate membership rate. H. Daily Use Fees Fitness Center - $2.0D/day Racquetball Court - live or work in Eden Prairie (proof required) $4.00/person per hour; non-resident $4.00/person per hour; member $2.00/member per hour. Maximum court fee - $10.00/hour All fees not referred to in this amendment remain as stated in Resolution 87-09. ADOPTED, by the City Council of the City of Eden Prairie this 16th day of June, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, Clerk SEAL 0 MEMORANDUM r TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services 7 DATE: May 26, 1987 SUBJECT: Proposed Changes to Community Center Fees & Membership Structure In 1979 prior to the referendum for the Eden Prairie Community Center, the City Council committed that the goal of the operation of the Community Center would be to serve the recreational needs of the general public and to operate as close to a break even basis as possible, as long as the user fees and rental fees are in line and competitive with similar facilities. If the City is able to operate at a break even basis without raising fees, the City should attempt to do so in order to keep the facility available to as many citizens as possible. Since the facility has opened, the user fees, the membership fees and the rental for the pool have not changed. The only rental fee that has been adjusted on an annual basis is for ice rental. This is due to the fact that there are nearly 60 ice arenas in the metropolitan area and all of the managers of these various facilities attempt to have ice rental costs at the same rate; therefore, there is a recomendation for adjustment to the "going rate" on an annual basis. None of the other fees have been gr adjusted because the Community Center has been able to operate at very close to a break even basis over the first five years of operation. In 1986, mainly due to a $30,000 loss in summer ice time rental, the facility experienced a $40,000 operating deficit. At the February 3, I987 City Council meeting, while discussing revised fees for park reservations, Councilman Anderson asked "if it is typical for all school districts to get IO0% of the fees at all hockey events?" Anderson noted that the hockey team is playing in a different league now; therefore, the gate receipts are considerably more and would increase as the team became more competitive in the Lake Conference. He requested staff to provide some figures on attendance now compared to two or three years ago, and to survey the Lake Conference schools to determine their agreements with various ice arenas. Lambert indicated that staff would not only assess the agreement with the School District on gate fees, but were also involved in reviewing a possible increase in rental of the other facilities and revised membership program. The City Council suggested staff review the proposed fee changes with a representative of the Parks. Recreation and Natural Resources Commission, a representative of the City Council and a representative of the School District prior to submitting them for review before the Parks, Recreation and Natural Resources Commission and the City Council. Attached is a summary of a membership study completed by the Community Center staff with recommendations for a revised membership category and fee structure, as well a proposal for revised membership and non-membership rates for various types of lesson programs offered at the Community Center. Also, attached is a copy of a survey of the ( Lake Conference schools and ice arenas comparing the split on costs and profits for hockey games. RECOMMENDATIONS 1. Community Center Memberships Staff recommends eliminating the existing membership program and installing three memberships with a fee for each of those memberships for a resident and a fee for a non-resident. The new memberships would be: Youth - $65/year (for a resident - live or work in Eden Prairie), $100 /year for a non-resident. Adult - $125/year for resident, $175/year for non-resident Fami y - $175/year for resident, $250/year for non-resident Memberships would be good one year from the date of purchase, rather than from January to January with a decrease in cost. Membership benefits would include: . Free use of the fitness center (adults only). . Free use of swimming pool during open swim sessions. . Free use of ice arena during open skating sessions. . Reduced racquetball fees (half price). . Reduced lesson fees (swimming and ice skating lessons). . All special events would be free to individuals with memberships. . Reduced rates to members will be given for other Community Center classes such as aerobics, etc. . Youth can use racquetball courts free from May 1 thru September 15th. �• 2. Daily Use Fee Changes Changes for daily use fees are as follows: . The fitness center would be increased from $1 to $2. . Racquetball fees would be increased as follows: Non-resident - from $4.50 per person per hour to $5 per person per hour. Resident - non-member increase from $3.50 per person per hour to $4 per person per hour. . Member - reduced from $2.50 per person per hour to $2 per person per hour. 3. Membership vs Non-membership Rates for Classes, etc. The complete breakdown for membership vs non-membership rates for swimming and skating classes held at the Community Center can be seen in Mr. Bolinske's report; however, to summarize that report, individuals that join as a member of the Communtiy Center would pay the existing fees for swimming classes and skating lessons and the non-members would pay approximately $6 per class more than members. The fee for non-members would be significantly more for racquetball leagues, advanced life saving, and basic rescue classes. All of the fees for non- members would still be at a lower rate than similar classes offered at the YMCA. 1 4. Pool Rental Rates In the attached survey of YMCA, private and community pools, staff discovered the cheapest pool rental was $35/hour and ranged as high $132.50/hour. This compares to the $20/hour fee that the City has charged since opening the Community Center. City staff is recommending an increase from $20/hour for the entire pool to $28/hour for the remainder of 1987, and an increase to $35/hour for renting the entire pool begining on January 1, 1988. If the School District continues to use the same amount of pool time, this would indicate an increase of about $2,500/year for rental of the pool. The major changes affecting the School District regarding pool rental are as follows: . Physical education classes from $16/hour to $22.50/hour. . Swim team practices from $20/hour to $28/hour. . Swim meets from $28/hour to $50/hour. The major reason for recommending the significant increase from $28/hour to $50/hour for swim meets relates to the fact that the Lake Conference swim meets are required to be held in the afternoon during times when our swimming lesson programs have to be cancelled. The City experiences between $1,000 and $1,500 of lost revenue from swim lessons that are cancelled due to the scheduled swim meets during those times. The increase from $28/hour to $50/hour obviously will not come close to reimbursing the City for that lost revenue; however, the overall rate increase will offset the loss of revenue from swim lessons and will help toward payment of increased operating costs. jr 5. Ice Arena Rental for Lake Conference Hockey Games At a May 13th meeting of the Community Center Fees Study Committee, Steve Schultz submitted a survey of the Lake Conference schools that compared what various schools were charged for use of ice arenas for high school hockey games. Steve's survey indicates that 8 of the 13 schools that use arenas owned by municipalities split the gate 50% with the school. In addition, one other school splits the gate 70/30, with the arena getting 70% of the gate. Seven of the 8 schools that take 50% of the gate also charge the school for ice time to cover the maintenance and other bu;lding costs. The arena that takes 70% of the gate does not charge for ice time. The additional costs that have to be covered for operating a high school hockey game include: supervision (security), maintenance, ticket takers, concession workers, announcer, and a scorekeeper. There does not seem to be a concensus on who pays for what portion of the game workers depending on percentage of the gate; however, the second sheet of Steve's study shows the results of the formulas on the fist page. In 9 of the 13 formulas, the arena receives a larger share of net profit from holding a high school hockey game. The schools that receive a larger share of the net profit with their existing formulas are: Osseo, Park Center, Richfield, and Eden Prairie. With the existing formula, Eden Prairie would receive $337.50 or the hourly rate per ice rental, no matter what the increase in attendance would be over the years, as the school district team becomes more competitive in the Lake Conference. The total net profit per game of a successful team could easily exceed $2,000 per game. The Community Services Staff recommend a formula that is more in line with the majority of the schools and arenas in the Lake Conference. This formula will 1 insure that the City's costs for the ice time is always covered and the schools cost per game workers would also be covered, and both the City and the School would benefit as attendance increases. City staff would recommend the City charge the current rate per hour for a minimum of 4 hours (compared to existing 4 1/2 hours), plus 50% of the gate; and the School and the City would split 50% of the cost of all game workers including: ticket takers, scorekeepers, announcer, and security. The City would pay 100% of the cost of the maintenance. In effect, the City and the School would split the net cost of the game after ice time. This should fairly duplicate the agreements Jefferson and Kennedy have with the Bloomington Ice Garden, and Burnsville has with the Burnsville Ice Arena. It is very similar to the Hopkins and Minnetonka agreement with the Minnetonka Ice Arena a with the exception that the arena pays for ticket takers, suervision, scorekeepers, and maintenance, and the school only has to provide one supervisor per game. Its also similar to the agreement Armstrong and Cooper have with New Hope, with the exception that in that case the school pays for all game workers. City staff would recommend the implementation of these changes as soon as possible. There will have to be approximately two months notice to the public prior to making these changes and it should take approximately that long for the City to get set up to make the changes for membership. Staff would recommend using membership cards with a photograph of the person on the card similar to what most private clubs and the YMCA does, as the membership card will become much more important and used on a daily basis with the revised format. The Community Services staff will be available for discussion of these recommendations / at the Parks, Recreation and Natural Resources Commission and City Council meetings. BL:and d, / Summary of Membership Study: The following is a summary of staff recommendations for the membership policy at the Eden Prairie Community Center. The main idea is to increase the income at the Community Center without jeopardizing the members and users presently at the Center. Staff recommendations are as follows: A. Fee changes 1. Membership costs, staff recommends eliminating the complicated system we now have. It confuses people when we have as many as twenty different membership packages. We would like to simplify this by having three memberships; three for non-residents, three for residents and it would be as follows: Resident (live or work in E.P.) Non-Resident Youth $65 per year $100 per year Adult $125 per year $175 per year Family $175 per year $250 per year ** Memberships would be good one year from the date of purchase. This is a change from the way we presently do it which would mean if someone bought a membership in November it would only be good through December. The new method, if they bought a membership in November it would be good until the following November. Membership Benefits 1. Free use of fitness center. (Adults only). 2. Free use of swimming pool during public sessions. 3. Free use of ice arena during open public sessions. 4. Reduced racquetball fees (1/2 price). 5. Reduced lesson fees (swimming & ice skating lessons). 6. All special events would be free to persons with membership. 7. Reduced rates to members would be given for other Community Center classes such as Aerobics, etc. 8. Youth can use raquetball courts free May 1 - Sept. 15. Membership Policy For Residents and Non-Residents Resident - Residents can purchase youth, adult or family membership. Non-Resident - A non-resident who works in Eden Prairie can purchase A. An adult membership at a resident rate B. Youth and family at the non-resident rate (unless the company has a corporate membership). Corporate Membership To be eligible for a Corporate Membership a company must be in the City of �( Eden Prairie. (Plants physically must be located in Eden Prairie). Fee for Corporate Membership is $500 per year in which they would get five memberships or a fee of $100 per person for an adult :membership in which five is the minimum number that must be a member to get the corporate membership rate. II. Rates. Daily Use Fees For Non-Members Present Proposed Swimming Adults $2.00 $2.00 Age 5+ $1.00 $1.00 Age 4- .50 .50 Skating Adults $2.00 $2.00 Youth $1.00 $1.00 Family $4.00 $4.00 Racquetball Member . $2.50 $2.00 per person per hour Resident $3.50 $4.00 per person per hour Non-Resident $4.50 $5.00 per person per hour Fitness Center All $1.00 $2.00 Swimming Pool Rental (see attached sheet). For the whole pool the swimming rate will go from $22.50 per hour to $28 per pour for the remainder of 1987. Staff proposes increasing the rate to $35.00 per hour for the 1988 season. See attached sheet for the per lane increases. MEMBERSHIP VS NON-MEMBERSHIP RATES FOR CLASSES. ETC. MEI1ERSHIP NON-MEMBERSHIP Swimming classes 5 months - 5 years $14.00 $20.00 5 years & up (8 lessons) $16.00 $22.00 Adults (8 lessons) $18.00 $24.00 Aqua Aerobics $16.00 $22.00 Fitness Classes, Aerobic Sport Muscle Conditioning (11 lessons) $22.00 or $2.50/per hour per class $2/per time Skating Lessons (8 lessons) $16.00 $22.00 Racquetball Leagues $20.00 $35.00 Adv. Life Saving $40.00 $56.00 Basic Rescue $24.00 $36.00 Special Events Free $1.50 - $2.50 depending on special event 011ER STAFF SUGGESTIONS 1. Allow Community Center staff to add lesson programs. These could include Tiny Tot gymnastics, ballet, tap, baton, and so on. 2. Staff recommends that we budget money to advertise our membership package and the Community Center as a whole. 3. Staff recommends that we develop a nice brochure which could be given to potential members. This brochure would be a nice brochure which would allow us to insert membership rates, etc. This way we don't have to change the brochure as we change membership rates. 4. Staff recommends that there is a full time staff member at the Community Center, Saturday mornings especially in the winter, to sell memberships. This staff member would give tours and answer any questions that potential members might have. The time period suggested for this would be late September through mid-April. 5. Staff would recommend we allow youth with memberships to use the racquet- ball courts free May 1st through September 15th. 6. Room rental policy should stay the same as it presently is. The only exception is we will schedule exercise classes early and allow room rental after 8 o'clock especially during the winter months. Having exercise classes early in the evening brings income into the Community Center and would still allow a group to have a meeting after 8 o'clock. 7. Staff feels it is very important to put X amount of dollars, every year, into the budget to keep our Community Center looking good. Examples would be, replace carpet every three years, put quality equipment in the fitness center. This amount of money would prevent the Community Center from getting run down. 8. Staff recommends separating the Community Center expenditures from the expenditures by the Convnunity Services Department as a whole. It is unfair for all secretarial and brochure costs, etc. to come out of the Community Center budget instead of the Recreation Department as a whole. These costs when assigned to the Community Center budget give a distorted picture of the true financial condition of the building. 9. Staff recomends adding concession machines or vending upstairs at the Community Center. Staff also recommends adding tables and chairs which would allow a person to sit down and have a conversation after a racquetball game, etc. and have a coke. It would be nice to have a magazine rack and the morning paper situated up there, so people could relax while waiting for their children at skating or swimming, etc. 10. Staff recomends changing Meeting Room "H", downstairs into a combination youth center area, arts and crafts area, small kitchen facility, and give us the potential to use it for a small nursery when needed. Staff recommends adding counter top and storage to allow for the programing of programs such as For Kids Only or an after school type program. The nursery would allow us to have aerobics class, etc. for mothers who have small children. We have many users in this category at the Community Center but the women choose not to take the aerobics classes because they cannot find a babysitter for the one to two hours that it takes to take a class. A smell kitchen facility that would include a fridge, a wash basin, small warming plate or a microwave is requested by many groups who choose to use the meeting rooms. With this facility many more people would choose to use the Community Center Meeting Rooms. POOL RENTAL RATES total square feet _.00/hour whole pool odd t+a I74.5 square feet 8 1.25 per hour ;.8.00 = $28.00 Pkr J44 'time, E 14145 (o IgA[t 25 YARDS B9 lane / hour 25 METERS Dv lane / hour DIVING WELL SHALLOW WING 1 lane $2.05/.51=$2.56 1 lane 2.24/.56=2.80 $3.60=$8.00 $6.56/1.64.8.: 2 lanes $4.10/1.62=5.12 2 lanes $4.48/1.12.5.60 .i lanes $6.15/1.53=7.68 3 lanes $6.72/1.68=8.40 4 lanes 0.20/2.05.10.25 4 lanes $8.96/2.24=11.20 3 lanes $10.25/2.56=12.81 5 lanes $11.20/2.80.14.00 3 lanes $12.30/3.07.15.37 6 lanes $13.44/3.36.16.80 7 lanes $14.35/3.58.17.93 3 lanes $16.40/4.10.20.05 75' B2' 22' 30' KUL VAIL x60' rr^0 sq. ft 3690 sq. ft. 990 sq. ft. 1800 sq. ft. EDEN PRAIRIE PHYSICAL EDUCATION CLASSES 25 YARDS By lane/ hour 25 METERS By lane/ hour DIVING WELL SHALLOW WING 1 lane $1.79/.44=S2.23 1 lane $1.96/.49=$2.45 $3.16=0.00 $5.74/1.43-7. 2 lanes $3.59/.89=4.48 2 lanes $3.92/.98=4.90 3 lanes $5.38/1.34=6.72 3 lanes $5.88/1.47=7.35 4 lanes $7.17/1.79=8.96 4 lanes $7.84/1.96.9.80 5 lanes 0.96/2.24=11.20 5 lanes $9.80/2.45-12.25 6 lanes $10.76/2.69=13.45 6 lanes $11.76/2.94.14.70 7 lanes $12.55/3.13=15.68 9 lanes $14.34/3.33=17.67 Whole pool T22.50/5.62=28.12 (rounded) $28.00/hr. ( n meets - School District/Foxjets $50.00 per hour / 'jl..' Suggestions and Discussion Items Memberships at Eden Prairie Community Center 1. Propose three types of memberships A. Youth membership B. Adult single membership C. Family membership 2. Suggest memberships be for one full year from the time they are purchased. 3. Cost for lessons not be reduced, but add a new price for non- membership lessons. 4. Allow the Community Center staff to add lesson programs. These could include Tiny Tot gymnastics, ballet, tap, baton, and so on. 5. Summary of present user. I feel a youth membership would be in • high demand, especially if there was a reduction in the lesson cost associated with it. We want to keep the price of an adult single, and a family membership fairly cheap. With the present facility, it will be very hard to attract adults with a membership if it is too much higher. We want to keep the daily admittance fairly cheap for both adults and children though. This will allow people who use the fitness room to pay a daily admittance fee, if they choose not to buy a member- ship. This will increase the amount of daily fees that come in from the fitness center plus giving the person the option of not becoming { a member at a higher price. The majority of our users, other than the people using the ice rink, the racquetball courts, adult and lap swim are young families. Usually this includes just children, or young children with their mother. I think it is important that we don't decrease the amount of charge for the present lesson but increase the amount for non-members. This way, the amount we get in from swimming lessons and skating lessons, etc, should remain stable, or increase a bit. 6. It is important that we add money to the budget to allow us to advertise. 7. We feel a nice brochure would add to the number of members who would join at the Community Center. 8. I think it is important to have a person at the Community Center, Saturday mornings, especially in the winter months, to sell member- ships. We now have as many as 10-15 people who ask about member- ships each Saturday morning. 9. We should discuss a package for corporate, city, or school memberships. 1 10. We should discuss the daily rates. 11. We should incease the pool rates . A. The per hour rate. B. The per lane rate. C. The swim meet rate. D. it is important to discuss, as the school takes more time for their swim program, that we must be reimbursed for the amount that we lose because of cancellation of swim classes. 12. We should discuss concession products and rates. 13. We should discuss the vending machine percentages. 14. We should talk about the court rental rates, and the possibility of giving a reduced rate to youth who buy a membership. Special times could be set up where youth could play for a very small fee with a membership to the Community Center. 15. Should be a discussion of ice rates. 16. We should discuss our present room rental policy. 17. We should discuss the hours of the fitness center, and the present equipment in that center. 18. We should talk about the concession hours. 19. We should talk about what we should charge for members for special events. Should there be a reduced rate for children who attend special events who have memberships. 20. 1 feel it is very important to put X amount of dollars, every year, into the budget to keep the Community Center looking good. Examples of this would be; replace the carpet every 3 years, add quality equipment in the fitness center. This amount of money would prevent the Community Center from getting run down. 21. It is important to seperate Community Center expenditures from other ex- penditures by the Community Services Department as a whole. It is unfair for all secretarial and brochure costs etc. to come out of the Community Center budget instead of the Recreation Department as a whole. 22. Add concession machines or vending upstairs. Also add tables and chairs which would allow a person to sit down and have a conversation after a racquetball game, etc. and have a coke. It would also be nice to have a magazine rack and the morning paper situated up there, so people could relax while waiting for their children at skating or swimming etc. 23. Change meeting room B, downstairs, into a combination youth center area and the potential of small nursery. Add counter top and storage to allow more storage for programs such as For Kids Only or after school type programs. It also would be nice to have a nursery service during the time of some of our aerobic classes, water exercise classes, etc. Included with this report is a copy of a memo to Bob Lambert concerning things to be done to improve the number of memberships to the Community Center. t to _ + Np a)0 to •a t lti U W .i s en °U. w ro E TNN U .'1„y U) O .r . .i•C XI y t)• S 0 o 7 4. Fl RI >' O ti a) a)� i4 ea 3U) W N c N H 2 EcSOW . Wo) ' c •I W U WO W 3' 0ea C •0 ea ro a p) y. p) ofS4UaWWOJ E 0 H yy 0 . 4 ••.,XO E1 .iN . • N W InH N X A H V)IA OS ` •") U O a) N W '� a z o E. CO N N W N N 0 H • b .0 .-a. 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In r 1-1 CI N y d N FI to r •~ rt 4) • a•G 4 Q 1-I 0 0 0 a E d 6 0 £ W00 >. 9 MEMBERSHIP RATES -RESIDENTS* EPCC ,Ty pe of Joiner's Monthly Annual �. Membership Fee Debit** Debit Swim/Racquet/Fitness Family None $11.66 $140.00 Single None E 7.50 5 90.00 SwimiSkate/Fitness Family None $10.41 $125.00 Single None $ 7.08 5 85.00 Swim/Fitness Family None i 7.50 £ 90.00 Single None $ 4.58 6 55.00 Racquet/Fitness Family None $ 7.50 $ 90.00 Single None $ 4.58 $ 55.00 Skate/Fitness Family None t 6.25 $ 75.00 Single None 5 3.75 $ 45.00 Fitness Family None $ 3.75 8 45.00 Single None $ 2.50 4 30.00 *Non-Resident membership rates (do not. live or work in Eden Prairie) are approximately 30% higher w* Currently there in no monthly debit rote. figures are for example. Rates are prorated from January through December, decreasing each month from the annual rate listed. Memberships entitle holder to unlimited use, ***at no charge, during scheduled open times. Daily use fees for non members. Swimming Adults $2.00 Age 5+ $1.00 Age 4- .50 Skating Adults $2.00 Youth $1.00 Family $4.00 ***Racquetball Member $2.50 Neident 53.50 Non Rex $4.50 Fitness Center All $1.00 n!D NET'BIERSHIP RATES YMCA'S Type of Joiners Monthly Annual Membership Fee Debit Debit Youth '7.00 t 84.00 Adult $ 95.00 119.00 $228.00 ,•amily $ 95.00 t28.00 $336.00 Individual Health Center $125.00 $31.00 $372.00 Individual Health 'd/ Gen. Family $125.00 t40.00 $480.00 Married Couples Health Center $125.00 346.00 $552.00 Married Couples Health N/Cen. Family $125.00 $55.00 $660.00 * Sr. Citizens (age 62 and older) are eligible for a 25% discount on general { memberships only. (Not applicable on Health Center membership.) *10% discount for payment in full cf annual fee *Limit one discount per membership *Financial assistance based on need is available. Contact the Y for application forms. *Joining the Southdale YMCA entitles you to full membership privileges at all six Minneapolis YMCA facilities with no additional fees. Your membership is honored at these YMCAs. Downtown YMCA North Community Ridgedale Southdale Blaisdell Northwest GUEST POLICY Each member is entitled to 4 free r_uest per membership •,ear. Members must accompany their guests. Limit 1 guest per visit. Aft,cr the free'� passes have been used the :of:owing fees apply. Adults Y5.00 Youth $2.00 6 Jl1) C XI 0 yJ, .G Ill {U' .0O U 88 (..• n)0 y M 0 J n 0. O 00 pp > O S 0 0 0 0 O O Eft Il01 00 n in • a) LC1 LC) • J O )CC)10C) • 10C) 10C) • 0 rclO • O O L .. 8 L. u,N 6 00 N m0 OS ..t p $ .0 00 ..) pp CO • lL w0 NN - Uro 0 IC) ty .-ON S th S co 7 r N N^ • 0o1C0 No O�IC 11 01C1 1C1 �m( $Z . 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U', ti C . a L .c U) y .E N LL N L C m E • IIn ii• • Owl N • O Ul Ul In J O O .0 in Ul a! rL L • • E� NO' N •• rr •ILL,• O,Q , •� r r ,�R CLJ7 C • UC.. ^tin• Lt. �07 L Ot0 U. NN .. LL. N� mU. IN O1N > C L'. f • N « •— J 0 m allt 0 ii a r CC • o O 00 C OCJ 11. 00 J 00 • O O G YIO�a7i •N v ul ul o ul ul .tJ o ul m ul Ul U O O 1 CI •.- LI C Ul N C I`IA LL C CV I` .. C N w p _ .ti t. r•7 CO N s.O 7 2 N • rin')CO m CON m !; 1 4.4 C C MEMBERSHIP DRIVE 1987 - EDEN PRAIRIE COMMUNITY CENTER ELAN PERSONS) RESPONSIBLE DATE TO BE FOR COMPLETION COMPLETED ` I. Mail out to last years members Rick, Tom, Roza Mid_December 1986 2. Corporate memberships Jenni, Roza Mid-February 3. Procedure for visiting with new people Lyndell By Jan. 1, 1987 4. Simplify membership pkg. Tom, Rick, Jenni, Connie Summer 1987 5. Nice brochure/flyer with Lyndell, Laurie, Dec. 15 membership package Jenni, Sandy Feb. 1, 1987 6. Education of front desk on memberships/sale of Tom, Laurie, Connie, Sandy Jan. 1, 1987 7. Discount on programs to make memberships more Lyndell, Tom, Rick, appealing Jenni, Connie March 1, 1987 8. TV-video on membership Laurie, Lyndell, Stu Fox Feb. 1, 1987 9. Mass mailing campaign to league and lesson people Laurie, Roza Jan. 1, 1987 0. Tours and potential select Jenni, Lyndell, staff for membership Laurie, Connie March 1, 1987 11. Brochure redesigned, advertising in Happenings Lyndell, Laurie, with photo page, etc. Jenni, Sandy Ongoing 12. In House promotion of families or individuals who are good members (member of the month) Tom, Lyndell Jan. 1, 1987 13. Study on the use of free passes/ incentive passes Tom, Laurie Jan. 1, 1987 14. In house friendliness campaign/ welcoming committee for new members Lyndell, Laurie Jan. 1, 1987 15. Adult Social Events Laurie, Lyndell, 1st event. • Jenni, Sandy March 1, 1987 16. Membership nights 4 times a year. Tom, Lyndell, Sandy Feb. 1, 1987 { Page 2 17. Set up an advisory board for the Community Center Rick, Tom March 1, 1987 18. Non-member open house/ awareness nights Laurie, Jenni Feb. 1, 1987 19. Continue good and improved maintenance Tom, Rick, Jeff Ongoing 20. Promotion through clubs- Rick, Laurie, Lyndell Jaycees, Optimists, Lions Jenni, Tom Ongoing 21. Promotion through Welcome Wagon, realties, Chamber, city-through water billings Tom, Rick, Laurie Jan. 1, 1987 22. Getting information in the Homestead passes Laurie, Rick Jan. 1, 1987 Support staff for the above membership drive will be Connie and Roza. If you have any questions, just get ahold of me. Thanks, Rick /?!'.i I - 'I- — :1 A' V ' ,I I I rG ,,� , de , - — it __ ....,..._ _____ a ! - t .I \.""- '2 1)L' :- r-r- :- : :---- 7-",—1-17--=',-2-1 7-*-.i._.—._ ---- — — ---__ __ h (pq�yQq -} 1 JF I I 1 I —} V, • I .� _ 7�--�'-- .--� '47 o..f..s v._'-' v.o rrae_.-•.--n 4.I 6:.+1i Mp1, mom. 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N W C) 0 0 M VI (h Ij) N Wdi W W V1 I.4 to W 0 If+W V1 M W V1 in 4-1 W U 4rI V1 Y W N 11.. +.1 N C I.a C +1 C 41 C L C L 4-1 C I C U 7 0 to W• 1.- 0 I00 LtOO LIDO 70 01 03 0 IL0 C) di .. 01U 7•.. CO 7 CO... 7 OI... 0... U.. 01 17... O.W C C 0 In 1 = O +1 0 IL 0 L N II..II.. L Y- V1 L II.. N \V1 \II.II. 1L N w RI • m•.• OU \W 00 ..0 W ..0W • W • 0 0 Cr1�W U C 001+1 •U • U • U ' u in 1 L Z W in L 'ia•.• in C 'ia as O 44in 44 C C C 01 Ira VA 4r) C w L N II- 0 0.... N0 C.in N00 N00 �0 NOO I .. 0 C 4 WV 0 O. N. is KU tf)N 4.1.in U 4.1.in U M U N in VI MA.0 w 4. 0• L 1. Z W C 4-1L W 0 0 v W tO to .. U I-+ .1 0 L tO 01 C C idC L - .. 0 n .W t0 L 4 IO > .+1 0 7 i-1 7. J 4 W E E Y V1 W = 1/.. 0 01 Z •... 0 W 0 C C .0 - N C w O. • 4 0 tO 0 L c 3 U • >1 W C n .--• L L 7 W +1 tO 17 4 4 m m m m X Z C /N 3 w Y a L W ( . W W.• L IO 1 •a. t0 _ � �. -•4-1 C +1 Y01 tO C 0 C C C '0 en •IO 0. 7 N >, W N 0 0 W tO L 0 L p (-3 > C+1 L L 7 a 0. C) WE W W N 0 V1 •-•W +.1 W II.. +0 Io 0 ^ W II. C C W Y C .1 C in O. .0 J N C = n in If c •.. in L L O.C E 0 U • >1 W en 4 IY 0-3X LLI 0 0 OO J=S 4 C. ad N 3 4.1 '((� A FINANCIAL STUDY OF LAKE CONFERENCE HOCKEY GAME COSTS arcn' 1967 • Assumptions made to standardize the projections. I. Revenue • a. All ticket prices were standardized to the Lake Conference average of $3.00 adults. $2.00 students. b. All crowds were assumed to be the reported average size and were assumed to be 50% adult and 50% student. c. Concessions figures were not available and are indicated (C) 2. Expenses a. Eden Prairie's costs were used as follows: Announcer $20.25 Ticket-takers (TT) $60.75 Scorer 20.25 Supervision (5) 103.00 • Timer 20.25 other workers 40.5D • The supervision cost does include the police charge. but does not include the security personnel hired this year for these games. This cost is $63. for two people and $94.50 for three. b. Maintenance costs (M) are not known but were assumed to be consistent from arena to arena. SCHOOL ARENA RECEIVES ARENA PAYS SCHOOL RECEIVES SCHOOL PAYS Bloomington 5250. R $103. S S1562. G $250. R Jefferson 1562. G M 40.50 W Kennedy Concessions net: $1709. net: $1271.50 • Edina $1137.50 G $60.75 TT $487.50 G $40.50 W Concessions 103. S M net: $973.75 net: $447.00 Osseo $337.50 R $60.75 TT $1000. G $337.50 R Park Center Concessions M 103.00 S 40.50 W net: $276.75 net; $499.00 Burnsville $1093.75 G $60.75 TT $1093.75 G $103.00 S 25% concess. M 40.50 W net: $1033.00 net: $950.25 Hopkins $315.00 R $60.75 TT $962.50 G 5315.00 R Minnetonka 962.50 G 103.00 S 35.00 S Concessions 40.50 W M net: $1073.25 net: $612.50 Armstrong $337.50 R $103.00 S $637.50 G $337.50 R Cooper 637.50 G M 152.00 W Concessions net: $872.00 net: $148.00 • Richfield $517.50 R $103.00 S $2000. G $517.50 R Concessions M 152.00 W net: $414.50 net: $1330.50 St.Louis Park $295.00 R $60.75 TT $500.00 G 5295.00 R 5500.00 G 103.00 S 40.50 W 30s Concessions M net: $631.25 net: $164.50 tier Prairie 5337.50 R C $1125,00 G S337.50 R Concessions 103.00 S 60.75 TT 101.75 'W 63.00 Sec net: $337.50 net: $459.00 Apple Valley. Rosemount, and Wayzata were not included in this study because their arenas are jointly owneo by the community and the school district. I 119 UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 1, 1987 -9- VII. NEW BUSINESS A. Proposed Revision to Rental, Programs, Membership Fees at Community Center Refer to memo dated May 26, 1987 from Bob Lambert, Director of Community Services. Lambert said the issue of proposed changes in fees has been discussed for some time. In 1986, the Community Center lost $40,000 which is more than ever before. The major difference was the $30,000 loss in summer ice time rental caused by more summer leagues and more competition. If the City could operate on a break even basis, an increase in fees would not be necessary. Staff is recommending major changes to include an increase in pool rental and racquetball fees along with a change in membership structure. A survey of the YMCA and other community buildings showed pool rental ranging from $35 per hour to $132 per hour. The Community Center presently charges only $20 per hour. Staff is proposing an increase to $28 per hour for the remainder of 1987 and an increase of $35 per hour beginning in 1988. Instead of so many different membership programs, staff is recommending three different categories -- youth, adult and family for resident and non- resident. Lambert feels that a fair amount of revenue can be generated in this manner. Comparisons were also made on the cost of swimming lessons and Eden Prairie has been exceptionally cheap. It is proposed that a membership would include free use of fitness center, free use of swimming pool during open swim time, free use of ice arena during open skating, reduced racquetball rates, reduced lesson fees, special events would be free, reduced rates for classes such as aerobics, and youth can use racquetball courts free during the summer. Lambert feels this will give a healthy jump in memberships and raise revenue. Bolinske commented that the new membership structure would be good one year from date of purchase instead of January to January with a decrease in cost. Baker asked about ice time rentals during the summer. Bolinske said insurance costs have hurt the amount of time used for hockey and they look to figure skating to make up for it. Baker said that since racquetball generates a lot of profit and the Community Center is down to only two courts, what would it take to build an additional court. Bolinske said the payback on a racquetball court is about three years and he feels the racquetball courts and fitness center are the two most important items at the // Community Center for adults. UNAPPROVED MINUTES IrEDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 1, 1987 -10- Baker asked if this commission can go ahead and build a racquetball court without a bond referendum. Bolinske commented that there is not enough available at the Community Center to attract adult memberships. Baker asked what the City Council's response would be to proceed with the building of another racquetball court. Lambert said they would look at it seriously, but it will cost between $800,000 and $850,000 to brick face the building and the City won't get the entire cost from the lawsuit. The Community Center needs to move the recreation staff into their own offices, the middle bank of lockers need to be replaced with full length lockers, the entire locker room and pool deck should be tiled and three racquetball courts should be added in the future. Bolinske said the building still has to be brick faced, with or without an additional racquetball court. Steve Schultz said that he is concerned with program costs, but agrees that there are not enough facilities available for adults. He added that discount memberships could be made available to those with kids in programs. Bolinske said the Foxjets pay over $12,000 in pool rental per year. Lambert questions whether it would be fair to raise only the ice time rental and not pool rental. Snyder asked if the high school pays for pool time. Lambert said they pay the same rates as everyone else except during the day when it is $6 per hour less. Baker added that the high school pays a reduced rate for ice time. Cook referred to the request by the high school for additional pool time which was discussed earlier in the meeting. He said he feels needs should be closely monitored in order to have those needs justified for the next bond referendum. Bolinske said they have encouraged swimming lessons during the fall and winter, but this has not decreased the number of summer swimming lessons. Baker asked if the Foxjets go to Richfield for meets because it is a better facility. Schultz said they do not go to Richfield because of a better pool since Eden Prairie has the eight lanes necessary, but there is seating capacity for 400-500 at Richfield and also at Coon Rapids, but they have to pay as much as $2,000 to hold a meet. He feels the Community Center should add more seating capacity and locker rooms. The Foxjets host about 6-8 meets per year. r �� UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 1, 1987 -11- Bolinske said he feels lockers and seating capacity are important. Lambert said it would be difficult to put in a grandstand at the Community Center. Bolinske said the Community Center has seating for about 300 at this time. Schultz said the Foxjets would have a minimum of two meets per year. Breitenstein requested that the commission get back to the subject at hand which is the new membership structure and increase in rates. Lambert said action is required to support staff recommendations and bring it before the City Council. It will take 6-8 weeks to make changes relating to memberships. He feels it would be appropriate to wait until the lawsuit has been settled to discuss additional facilities. Lambert added that the Council is expecting a similar bond referendum next spring and it will be at least then before construction could begin. MOTION: Cook moved to recommend proceeding with staff recommendations regarding membership changes and new fee schedule at the Community Center. Shaw seconded the motion and it passed 6- 0. B. Request Approval of Bid for Sidewalk/Trail Sweeper Refer to memo dated May 26, 1987 from Bob Lambert, Director of Community Services. Lambert said the purchase of this item was approved in the 1987 budget. Staff tried a number of machines and found that the smaller unit worked better than a larger one. Staff recommends accepting a bid of $24,922.14 from Tennant Company for a 365 sweeper. Gonyea asked if there is much difference between the Model 255 and Model 365. Lambert said the specifications were for the larger model, but this one is very similar. Cook asked about a warranty of the machine. Lambert said there is a full one year warranty. Cook asked how long Tennant has been in business and if it is a reputable company. Lambert said they have been in business for many years and are a major builder of sweepers. l CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-155 JOINT POWERS AGREEMENT TH 212 E.I.S./DESIGN STUDY REPORT WHEREAS, the City of Eden Prairie is a member of the Southwest Transportation Corridor Coalition; WHEREAS, the Southwest Transportation Cooridor Coalition has identified the development of a new TH 212 Corridor as a priority project in the southwest metropolitan area; WHEREAS, the Minnesota Department of Transportation has consistently experienced a shortage in funding for either staffing for the performance of environmental and design work and/or funding for highway consultants to perform similar work activities; WHEREAS, a Joint Powers Agreement between the State of Minnesota, Department of Transportation, the Metropolitan Council, Carver County. Hennepin County, the City of Chanhassen, the City of Chaska, and the City of Eden Prairie has been developed which will provide a funding mechanism to prepare an environmental impact statement and a design study report for the TH 212 Corridor; and WHEREAS, the development of TH 212 through Eden Prairie is consistent with the goals and past approvals of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE that said Joint Powers Agreement for performance of an environmental impact statement and a design study report for the TH 212 Corridor is hereby approved and that the Mayor and City Mananger are authorized to execute the agreement on behalf of the City of Eden Prairie.• ADOPTED by the Eden Prairie City Council on JUNE 16. 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane. Clerk • 1 MnDOT Agreement No. Henn. Co. Agreement PW 20-90-87 H.C.P. 8720 JOINT POWERS AGREEMENT • FOR PERFORMANCE OF AN ENVIRONMENTAL IMPACT STATEMENT AND A DESIGN STUDY REPORT FOR THE T.H. 212 CORRIDOR • THIS AGREEMENT made and entered into by and between the State of Minnesota, Department of Transportation, the Metropolitan Council, Carver County, Hennepin County, the City of Chanhassen, the City of Eden Prairie, and the City of Chaska hereinafter referred to as the "Agencies". WITNESSETH: WHEREAS, it has been determined that an Environmental Impact Statement and a Design Study Report for the T.H. 212 corridor are required to be performed within the area from the east end of the Cologne bypass to I-494 in Eden Prairie, Minnesota; and WHEREAS, it has been determined that all of the said Agencies are a part of or have a specific interest in the stated study area; and • WHEREAS, the said Agencies will all benefit from the results of the Environmental Impact Statement and Design Study Report and are all willing to share in the cost of the preparation and completion of same; and MnDOT Agreement No. WHEREAS, it is the expressed interest of said Agencies to participate and cooperate in the preparation and completion of the said studies and in furtherance of such interest, the Agencies will form the T.H. 212 Task Force, consisting of one or more representatives of each Agency; and WHEREAS, it has been determined that a consulting firm will be selected by the T.H. 212 Task Force and hired by Carver County, subject to agency review, to prepare the Environmental Impact Statement and Design Study Report; and WHEREAS, all of the said Agencies are authorized by Minnesota Statute 471.59 to enter into agreements providing for the exer- cise of powers shared in common; and NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: SECTION 1. T.H. 212 TASK FORCE ORGANIZATION AND RESPONSIBILITIES 1.01. There is hereby created and formed a T.H. 212 Task Force. The T.H. 212 Task Force shall be composed of at least one (1) staff member from each agency signing this agreement. Additional representatives may participate in task force deliber- ations, however, each participating agency shall be entitled • to only one (1) vote. 1.02. A consultant firm shall be retained to perform the Environmental Impact Statement and Design Study Report. The Environmental Impact Statement and Design Study Report shall be -2- MnDOT Agreement No. conducted under the direction of the T.H. 212 Task Force with Carver County as the contracting agent for administrative pur- poses through and by a designated Project Administrator. The Project Administrator shall be the Carver County Engineer. 1.03. A Chairman of the Task Force shall be elected by a majority vote. The Metropolitan Council representative shall act as Secretary, responsible for assembling meeting packets, minutes and other mutually agreeable duties that the task force deems appropriate. 1.04. The scope of the services to be performed by the consultant pursuant to the consultant contract as generally outlined above shall conform with the Federal Highway Administration (FHWA) rules for Environmental Impact and Related Procedures, 23CFR Part 771 as appearing in the Federal Register Vol. 45, No. 212, October 30, 1980; the Public Involvement/Public Hearing Procedures for Federal Aid Project Development adopted by FHWA on March 10, 1987; and the Minnesota Department of Transportation Highway Project Development Process. Also, the Minnesota Environmental Quality Board Rules for State Environmental Review Program (Minnesota Rules 4410.0200 - .7800) shall govern the conduct of the studies unless specified other- wise in the consultant contract. The Minnesota Department of Transporation shall be the designated Responsible Governmental Unit (RGU) for the project. The Minnesota Department of Transportation agrees to advance the project pursuant to the Federal Highway Administration Rules 23 CFR 771.129 (c)(2) such that an Environmental Impact Statement re-evaluation will not be -3- MnDOT Agreement No. necessary per the time limitations. 1.05. The Agencies shall furnish any and all information and/or data that they have available and which is pertinent to that an Environmental Impact Statement re-evaluation will not be the Study to the consultant firm without separate compensation therefore or adjustment to any Agency's share of the cost. 1.06. The Agencies, acting through their Task Force representatives, shall at all times during the term of this Agreement be afforded the opportunity for review of the work being performed for the Study, including but not limited to obtaining without additional cost, copies of such reports, studies and data compiled to date, as may be requested. Such review by Task Force representatives shall not be considered the official comments of the individual Agencies. Agency com- ments shall be made during the normal Environmental Impact Statement review process. 1.07. The ownership of the data collected for the study together with summaries, diagrams, maps, charts, reports and other data derived therefrom shall be vested with Carver County, subject to the right of all Agency participants of this Agreement to secure access to and copies of any such data, summaries, diagrams, maps, charts, reports and other data. Each Agency shall be entitled without cost to no less than twenty (20) copies of the Draft Environmental Impact Statement and Draft Design Study Report, and upon request, a copy of each summary, diagram, map, chart, other reports and data collected or prepared in said documents. MnDOT shall be furnished one (1) camera ready copy of -4- rac7 MnDOT Agreement No. Jr the final Environmental Impact Statement and final Design Study IL Report plus two (2) additional copies. MnDOT shall provide addi- tional printed final Environmental Impact Statement and final Design Study Report copies per normal distribution procedures. SECTION 2. CONTRACT ADMINISTRATION. 2.01. The consultant contract shall not exceed $320,000 and shall be approved by a majority vote of the T.H. 212 Task Force prior to execution by Carver County and the consultant. Costs to the municipalities, the counties, and the Metropolitan Council shall not exceed $200,000.00 and shall be shared as follows: Agency Cost City of Chanhassen $30,000 City of Chaska $30,000 City of Eden Prairie $30,000 Carver County $30,000 Hennepin County $30,000 Metropolitan Council $50,000 Minnesota Department of Transportation $120,000 $320,000 Should the final cost of the study exceed $320,000, the Minnesota Department of Transportation agrees to complete the Environmental Impact Statement and Design Study Report at no additional cost to the agency members listed below: City of Chanhassen City of Chaska -5- MnDOT Agreement No. City of Eden Prairie Carver County Hennepin County Metropolitan Council A final contract cost of less than $320,000 shall result in reduced agency costs proportional to each agency's cost obliga- tions stated as follows: Cost Percentage Chanhassen $30,000 9.375% Chaska $30,000 9.375% Eden Prairie $30,000 9.375% Carver County $30,000 9.375% Hennepin County $30,000 9.375% Metropolitan Council $50,000 15.625% Minnesota Department of Transportation $120,000 37.500% $320,000 100.000 2.02. Each agency's pro rata share shall be paid to Carver ( County as contracting agent, from time to time when and as t payments are required to be made by Carver County to the con- sultant firm pursuant to the contract. Carver County shall invoice each Agency from time to time as payments are required to be made to the consultant firm. Such invoices shall reflect each member Agency's share of the payment due and shall be paid within 35 days from receipt of the invoice. 2.03. The consultant firm shall be selected and approved by a majority of the members of the Task Force, without separate approval otherwise by the various parties hereto. The contract between Carver County as contracting agent and the consultant firm shall be approved by a majority of the members of the Task Force. Agency comments shall be made during their normal contract review processes before it is signed by Carver County. -6- MnDOT Agreement No. SECTION 3. DURATION AND AVAILABILITY OF FUNDS. 3.01. This Agreement shall be valid and effective only when executed by the fully authorized officials of each Agency which officials by their signatures, shall also thereby certify that the financial commitment will be obligated for the full liability of their respective Agencies hereunder. 3.02. This Agreement shall remain in full force and effect until the completion of the contract with the consultant between Carver County, as contracting agent, and the consultant firm, or for a period of 42 months after the effective date of the consultant's contract with Carver County whichever comes first. 3.03. This agreement may be renewed for additional one year terms upon written agreement of all parties. l -7- /1)) 3. STATE OP MINNESOTA irApproved: Department of Administration: By Title Date As to form and execution by the Attorney General: By Title ( Date Department of Finance: By Title Date Department of Transportation: By Title Date -8- The participating governmental agencies having signed this contract and the Hennepin County Board of Commissioners having duly approved this contract on the day of 1987 and pursuant to such approval and the proper County Officials having signed this contract the parties hereto agree to be bound by the provisions herein set forth. HENNEPIN COUNTY BOARD OF COMMISSIONERS By Chair And Associate/Deputy County Administrator ATTEST: By Clerk of County Board Approved as to Legality Form Execution By Assistant Hennepin County Attorney -9- i CARVER COUNTY 0. By By County Chairman County Administrator Date Date Approved as to form By County Attorney Date l !!4 -10- -3 METROPOLITAN COUNCIL By By Council Chair Executive Director Date Date Approved as to form By Metropolitan Council Legal Counsel Date -11- C f7Jy MUNICIPALITIES City of Chanhassen By By . Mayor City Manager Date Date City of Eden Prairie t, By By Mayor City Manager Date Date 1 I i City of Chaska By By Mayor City Administrator Date Date t -12- 1