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HomeMy WebLinkAboutCity Council - 08/18/1987( TUESDAY, AUGUST 18, 1987 COUNCIL MEMBERS: CITY COUNCIL STAFF: EDEN PRAIRIE CITY COUNCIL 7:30 PM, CITY HALL COUNCIL CHAMBERS, 7600 Executive Drive Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, 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 I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. Regular City Council meeting held Tuesday, July 7, 1987 B. Special City Council meeting held Monday, July 27, 1987 III. CONSENT CALENDAR A. Clerk's License List B. WESTWOOD INDUSTRIAL PARK 4TH ADDITION, by Dallas Development Company. Approval of Developer's Agreement for Westwood Industrial Park 4th Addition. 14.36 acres into 2 lots. Location: South of County Road #67, east of Bury Drive. C. ANDERSON'S GARDEN SHOPPE--Approval of Architectural Elevations for Structures D. Accept and award bids for tennis courts E. 1st Reading of Ordinance No. 43-87, Park Use Ordinance Amendment F. Final Plat approval for Jay Wallace Addition (located east of Franlo Road and north of Laurel Drive)Resolution No. 87-236 G. Final Plat approval for Jarrett Estates l home of Anderson Garden Center) Located east of Eden Prairie Road and south of Valley View Road. (Resolution No. 87-237) H. Change Order No. 2., Valley View Road I.C. 52-272 Page 2124 Page 2147 Page 2151 Page 2152 Page 2154 Page 2155 Page 2157 Page 2160 Page 2163 Page 2166 City Council Agenda - 2 - Tues.,August 18, 1987 I. Approve plans and specifications for MN/DOT project to landscape/ screen Countryside Auto Parts (Resolution No. 87-239T - J. Resolution requesting (MWCC) sewer connection permit for the Ridge 3rd Addition Resolution No. 87-240) K. Resolution requesting easements over Lot 4 and 29 Eden Prairie Acres, from Hennepin County (tax delinquent property) Resolution No. 87-241 Page 2168 Page 2169 Page 2170 IV. PUBLIC HEARINGS A. FOUNTAIN PLACE, by CSM Corporation. Request for Comprehensive Guide Plan Amendment from Regional Commercial to High Density Residential on 8 acres and from Public Open Space to High Density Residential on 4.5 acres, Planned Unit Development Concept Review on approximately 52 acres, Planned Unit Development District Review and Zoning District Change from Rural to RM-2.5 on 29.3 acres with variances, Preliminary Plat of approximately 52 acres into 4 lots, 1 outlot, and road right-of- way, and Environmental Assessment Worksheet Review for construction of a 490-unit apartment project. Location: West of Highway #169, north of Columbine Road. (Resolution #87-229, Comprehensive Guide Plan Amendment; Resolution #87-230, PUD Concept of Fountain Place; Ordinance #40-87-PUD-9-87, PUD District and Rezoning; Resolution #87-231, Preliminary Plat; Resolution #87-232, Declaring No Significant Impact, EAW) B. DATASERV, by Opus Corporation. Request for Planned Unit Development Page 2188 Concept Amendment on 17.4 acres, Zoning District Change from Rural to 1-2 on approximately 1.5 acres for the construction of an additional parking area for the existing Dataserv Headquarters. Location: East of the intersection of Technology Drive and Prairie Center Drive. (Resolution #87-233, Amending DataServ PUD Concept; Ordinance #41-87, Rezoning) C. SOUTHWEST CROSSING II, by Vantage Companies. Request for Planned Unit Development Concept Amendment on 109.68 acres, Planned Unit Development District Review on 109.68 acres with variances for building height, Zoning District Change from Commercial Regional to Office on 5.13 acres and Board of Appeals variances for Shoreland :-etback, building height, impervious surface, and impervious surface below the high water mark of Smetana Lake for the construction of a 247,000 square foot office building. Location: North of Viking Drive, and south of Smetana Lake. (Resolution #87-234, PUD Concept Amendment of Southwest Crossing PUD; Ordinance #42-87-PUD-10-87, PUD District and Rezoning) V. VI. VII. D. VACATION OF CONSERVATION AND DRAINAGE AND UTILITY EASEMENTS ON IOT In, BLOCK 1 BLUESTEM HILLS 1ST ADDITION. (Located south of Blossom Road, east of Bennett Place) Resolution No. 87-235 PAYMENT OF CLAIMS ORDINANCES & RESOLUTIONS PETITIONS, REQUESTS & COMMUNICATIONS Page 2224 Page 2226 Page 2171 Page 2195 City Council Agenda - 3 - Tues.,August 18, 1987 VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS X. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager C. ElgErt of City Attorney D. Report of Director of Planning E. Report of Director of Community Services F. Report of Director of Public Works 1. Review deferment policies for Special Assessments (-511iTnued from August 4, 1987) XI. NEW BUSINESS XII. ADJOURNMENT Page 2235 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, July 7, 1987 COUNCIL MEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE 7:30 P.M., CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Mayor Gary Peterson, Richard Anderson George Bentley, Jean Harris, and Patricia Pidcock City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Linda Jacobson ROLL CALL: All members were present. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were deleted from the Agenda: Ill. C. and Ill. K. These will be continued to July 21, 1987. MOTION: Harris moved, seconded by Anderson, to approve the Agenda and Other Items of Business, as amended and published. Motion carried 5-0-0. II. MINUTES OF REGULAR CITY COUNCIL MEETING HELD TUESDAY, JUNE 16, 1987 The following item was added to the Minutes: Page 18, paragraph 4, "Harris mentioned concerns about continuing to develop puzzling dead ends which impedes efficient fire and police response." MOTION: Bentley moved, seconded by Anderson, to approve the June 16, 1987 City Council Minutes 2 July 7, 1987 City Council Minutes. Motion carried 5-0-0. III. CONSE,NT CALENDAR A. Clerk's License List B. Besolution No. 87-193. Proclaiming the week of August 17. 1987 to support United Way's community campaigns in Eden Prairie C. Final Plat approval for Blossom Ridge (south of Blossom Road and east of Bennett Place Resolution No. 87-195 D. Final Plat approval for Prairie Bluffs Isouth of Co. Rd. No. 1 and north of Bluffs East 4th Addition), Resolution No. 87-199 E. Resolution reauesting Metropolitan Waste Control Commission (MWCC1 sewer connection permit for Cardinal Ridge (Resolution No. 87-196) F. Change order No. 1 - Homeward Hills Road. LC. 52-033A G. Authorize reconveyance of surplus parcel - Outlot 1. Claredone Park. to Hennepin County (Resolution No. 87-197) H. Approve joint construction and funding agreement with Riley -Purgatory -Bluff Creek Watershed District for Round Lake to,Staring Lake Chain of Lakes Outlot Project and authorize Mayor and Manager to execute the agreement. I. Authorize Mayor and City Clerk to execute a License agreement with the abjgaao and Northwestern Transportation Company for "Chain of Lakes Project" (Resolution No. 87-198) J. LITTLE RED GROCERY STORE, by H. J. Nyhammer. 2nd Reading of Ordinance #28-87, Rezoning from Community Commercial and R1-22 to Neighborhood Commercial for 1.32 acres for Little Red Grocery Store; and Adoption of Resolution #87-162, Authorizing Summary of Ordinance #28-87, and Ordering Publication of Said Summary. Location: Southeast quadrant of Valley View Road and County Road #4. (Ordinance #28-87, Rezoning, Resolution #87-162, Authorizing Summary and Publication) K. FAITH CHURCH OF THE NAZARENE. 2nd Reading of Ordinance #23-87, Rezoning from Rural to Public on 5.87 acres; Approval of Developers Agreement for Faith Church of the Nazarene; and Adoption of Resolution City Council Minutes 3 July 7, 1987 #87-165, Authorizing Summary of Ordinance #23-87 and Ordering Publication of Said Summary. 5.87 acres into one lot for construction of a church. Location: South of County Road #1, east of Blossom Road. (Ordinance #23-87, Rezoning; Resolution #87-165, Authorizing Summary and Publication) L. 1,UNDS CENTEFi by Commercial Partners, Inc. 2nd Reading of Ordinance #17-87, Rezoning from Rural to C-Reg-Ser for 6.1 acres; Approval of Developer's Agreement for Lunds Center; and Adoption of Resolution #87-128, Authorizing Summary of Ordinance #17-87and Ordering Publication of Said Summary. 6.1 acres into on lot and road right-of-way for construction of a grocery store and commercial uses. Location: Southeast corner of Franlo Road and Prairie Center Drive. (Ordinance #17-87, Rezoning; Resolution #87-128, Authorizing Summary and Publication) M. PRAIRIE BLUFF SUBDIVISION by Cardarelle & Associates, Inc. 2nd Reading of Ordinance #27-87, Rezoning from Rural to R1-13.5 on approximately 7.4 acres; Approval of Developer's Agreement for Prairie Bluff Subdivision; and Adoption of Resolution #87-181, Authorizing Summary of Ordinance #27-87 and Ordering Publication of Said Summary. 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 #27-87, Rezoning; Resolution #87-181, Authorizing Summary and Publication) N. Camo Edenwood Reauest (Continued from June 16, 1987) #87-164, Authorizing Summary and Publication) 0. Community Development Block_Grant Discretionary Funds Aoplicatioq Pidcock opened discussion on Item B of the Consent Calendar. Pidcock mentioned concerns about doing this for one campaign and said her stand on this issue is still the same as last year. Bentley mentioned that United Way is numerous organizations and not just one organization and believes it's totally appropriate to support this. Peterson agreed with Bentley. Pidcock said she is not withholding her support. Pidcock suggested if Council is going to get into proclaiming weeks for campaigns, they should do it for all worthwhile campaigns. City Council Minutes 4 July 7, 1987 Peterson said the fact that we proclaim the week of August 17 for the United Way does not preclude other organizations from doing the same. It doesn't mean this is the only one the Council will support and endorse. Bentley asked about Item H. Wanted to know who's going to be responsible for any interest rates that exceed six percent. Jullie responded the plan is to borrow internally from the Utility Improvement Fund and Staff doesn't anticipate going to market with that. Pidcock questioned Item F. Wanted to know if the contractor can be penalized for coming back for $16,000 more. Dietz responded that most change orders they have deal with soil borings and that the contractor should not be penalized since he is bidding the contracts in good faith. MOTION: Bentley moved, seconded by Anderson, to approve Items A & B, Items D - J, and Items L - 0 of the Consent Calendar. Motion carried 5-0-0. IV. PUBLIC HEARINGS A. MAJESTIC OAKS, by All-Land Corporation. Request for Zoning District Change from Rural to R1-13.5 on 5 acres, Preliminary 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) Continued from June 16, 1987. City Manager Jullie stated this item was continued from the June 16th meeting. The proponents have submitted revised plans showing road connection access extending out to 168th Street and have applied for variances necessary for approval. There were nc comments from the audience. • MOTION: Bentley moved, seconded by Pidcock, to Close the Public Hearing and approve 1st Reading of Ordinance No. 33-87 for Rezoning. Motion carried 5-0-0. MOTION: Bentley moved, seconded by Pidcock, to adopt Resolution No. 87-173 for Preliminary Plat approval. Motion carried 5-0-0. MOTION: Bentley moved, seconded by Pidcock, to direct Staff to prepare a Development Agreement incorporating Commission and Staff f (;• ,=•.i A City Council Minutes 5 July 7, 1987 recommendations based upon the plans that were submitted. Motion carried 5-0-0. B. TIMBER CREEK NORTH by Timber Creek North Partnership. Request for Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential on 14.9 acres and from Public Open Space to Low Density Residential on 3 acres, Planned Unit Development Concept Amendment on 162 acres, Planned Unit Development Review on 89 acres with Zoning District Change from Rural to RM-6.5 on 14.9 acres, and from Rural to R1-13.6 on 44 acres with variances, and Preliminary Plat of 89 acres into 110 lots, 3 outlots, and road right-of-way. Location: South of Townline Road, west of Creek View Lane, north of Purgatory Creek. (Resolution #87-183, Comprehensive Guide Plan Amendment; Resolution #87-184, PUD Concept Amendment to Timber Creek Woods PUD; ORdinance #34-87-PUD-6-87, PUD District Review and Zoning; Resolution #87-185, Preliminary Plat. City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Terry Schneider, representing the proponent, addressed the proposal. Planning Director Enger stated this was reviewed at the June 8th and June 22nd Planning Commission meeting. The Planning Commission recommended approval on a 6 - 0 vote for mixed Planned Unit Development of residential and open space, subject to the June 19th plans and Staff reports of June 5th and June 19th. Enger said the Planning Commission recommended approval of the project as proposed subject to the following: Provide a plan depicting the proper number of replacement trees; provide retaining wall detail; provide signage to go on the back of the townhouses that the area is zoned multiple family. • Enger said the proponent has redone grading plans which puts townhouse units below the single family units rather than straight slope with uninterrupted sight line. Enger mentioned there are variances required for some lots along the creek. Since development is being moved off the other 21 acres some resulting lot sizes are slightly lower than allowed under the Shoreland Ordinance. Director of Community Services Robert Lambert said the Parks,Recreation and :1 1:27 City Council Minutes 6 July 7, 1987 Natural Resources Commission reviewed this proposal on June 15th. Stated there are five items relating to Parks, Recreation and Natural Resource issues. One, park dedication in lieu of park fees. Two, floodplain gift to the Eden Prairie Foundation. Three, trail connections between neighborhoods. Four, grading and tree replacement. Five, floodplain and Shoreland Ordinances. Lambert stated the developer is willing to dedicate 21.1 acres of Outlet A in lieu of park fees which far exceeds what the ordinance requires and Staff recommends accepting park dedication in lieu of park fees. Lambert said the developer is proposing to give 30 acres of floodplain to the Eden Prairie Foundation, which transfers title back to the City. Lambert talked about the trail connections between neighborhoods. Stated that the neighborhood agreed to a natural or grass kind of trail connection. Community Services has no problem with a natural trail connection. Lambert said the other trail connection relates to the sidewalk system and recommends developer extend a sidewalk between the single family development and multiple family development south to where the sewer easement will cross the floodplain. There Community Services Staff would recommend a soft surface woodchip or aglime type of a trail crossing the creek to connect to the hard surface trail that exists. Lambert stated that the Parks, Recreation and Natural Resources Commission voted on a 6 - 0 vote to approve those recommendations. Bentley asked about Mr. Helmer's letter to the Chairman of the Planning Commission relative to drainage on the site. Mr. Schneider points out the specific location on the map. Dietz said the request was one of two possibilities, one, reroute the drainage way back onto the outlot. The drainage would go up hill in order to move to the west. Two, put the drainage way into a pipe. This would have been particularly expensive. Dietz recommended to the Council that it require there be a berm placed across the end of the pond on the southerly end. Also, a pipe that would outlet the water from the area at the same flow rate as today. Mr. Scheinder said he'd given Mr. Helmer a letter indicating they will put in at t their expense a heavy crushed rock liner in the normal drainage way that goes through the back of his property. City Council Minutes 7 July 7, 1987 Peterson asked if that drainage is natural or is it constructed. Mr. Scheinder pointed out where the natural drainage was before the homes were constructed. Harris asked about maintenance costs on mowed versus chip or aglime trail. Lambert stated that total hours per year would be similar. Anderson asked how a person would get to other parts of the City if that person can't drive a car. Lambert said if a person was going to Eden Prairie, that person would go south and cross the creek and go up through that trail system. Anderson asked if the City has to have the trail system in order to get to some parts of Eden Prairie. Lambert said that was correct. Anderson mentioned the neighborhood would be isolated because a person would have to go Townline Road to County Road 4, then down 4 to the high school, ball fields, swimming beach. Lambert agreed with Anderson and mentioned a person could go out through the grass trail and through the existing neighborhood or go south through Timber Creek 1st Addition. Anderson asked Lambert if Lambert has ridden a bicycle on a woodchip trail. Lambert said he had. Anderson asked how it worked for him and Lambert stated, "Not very well." Peterson asked about winter maintenance on a grass or chip trail as opposed t to a hard surface. Lambert said the City would not maintain an open trail in the wintertime. Lambert mentioned some hard surface trails that are heavily used are maintained by the City in the wintertime. Anderson asks where the nearest park is for residents of Timber Creek North. Lambert stated Edenwood Park to the south. Anderson asks how a person gets there from Timber Creek North and Mr. Schneider refers to a map to answer Anderson's question. Anderson asks if the planned trail is a transportation trail or recreational trail. Lambert stated a transportation trail across the creek. Anderson asked if transportation trails are made of woodchips. Lambert stated transportation trails are not made of woodchips. Pidcock asked what the retaining walls will be constructed of. Enger stated they're proposed as timber retaining walls. Pidcock asked how long they last. Enger said if they're not made of proper material they will deteriorate and City Council Minutes 8 July 7, 1987 stated there are a couple pressure treated products out which will last 20 years and Staff is recommending the walls be made with pressure treated timbers. Peterson asked how supportive the developer is to have signage indicating multiple family units are going to be developed. Mr. Scheinder replied they are planning on having it in the purchase agreement that the buyer understands this is a PUD and approved for multiple and single family dwellings. Duane Hilleman, 16780 Whittington Walk, stated he was totally against this plan. He does not want multi-family dwellings across on the northeast side of the creek and stated there was an archeology discovery down by the glacial plain lake done by a professor at Normandale. Stated in the spring you can't cross the creek because of flooding. Gary Johnson, 16791 Whittington Walk, said he agreed with everything Duane Hilleman said. Judy Lindblad, 15916 North Eden Drive, opposes this project and that when they moved there that area was zoned rural and thought it would always be woods. Said her view will be gone. Robert Helmer, 6416 Creekview Lane, stated he sent the letter with the drainage problem in his backyard. He said he's satisfied with agreement Mr. Schneider talked about. He feels it's a good development. Chris Carney, 15908 North Eden Drive, stated he bought his house on the stipulation this area was to remain wooded. Said he only found out about this project two and a half months ago from neighbor. Bentley asked Mr. Carney if he received a Public Hearing Notice on this issue. Mr. Carney said he did receive notice. Helen Savage, 15924 North Eden Drive, stated they bought their house for the view. Stated that she understood the area immediately behind their home was to be left as a floodplain. Duane Hilleman asks if there's ever been an Environmental Impact Study done on the Purgatory Creek area as part of the floodplain area. Lambert stated there's never been one done on the Purgatory Creek system, an EAW was done on a trail section of the creek but not this section. Enger stated there was an environmental assessment worksheet prepared on .2 (2 1 City Council Minutes 9 July 7, 1987 the entire 150 acre Timber Creek Planned U n i t D e v e l o p m e n t w h e n t h a t w a s first brought in in 1981 or 1982. Now the pro p o n e n t h a s p r e p a r e d a n environmental assessment worksheet on this p o r t i o n o f t h e d e v e l o p m e n t a n d that's been sent to the Environmental Quality B o a r d . T h e B o a r d f o u n d t h a t n o additional work was necessary. Harris asked if at the time the original Timber C r e e k p r o j e c t w a s a p p r o v e d , was it understood that there would be further d e v e l o p m e n t o f t h e a r e a i n question at a future point. Enger stated this area was part of the overall 1 6 0 a c r e P l a n n e d U n i t Development that was started on the south si d e o f t h e c r e e k . T h i s w a s approved by the City in 1981 or 1982. City Attorney Roger Pauly stated that neither a n E A W n o r a n E I S h a s t h e function of constituting a permit. That it's me r e l y a n i n v e n t o r y o f e n v i r o n m e n t a l effects of certain action. Bentley pointed out that the original PUD in 1 9 8 3 w a s f o r 1 3 0 t o t a l u n i t s w h i c h included 120 townhomes. This request woul d d o w n g r a d e t h a t r e q u e s t t o 6 8 townhome units for a total of 108 units. Anderson stated that one of the reasons the h i l l a n d o p e n a r e a i s b e i n g l e f t today was at the request of the neighbors at t h a t t i m e o f t h e d e v e l o p m e n t t o t h e east. Feels that the City and the developers h a v e d o n e a g o o d j o b . Pidcock asked with 158 caliper inches for tre e r e p l a c e m e n t h o w m a n y t r e e s are we losing. Enger stated that 656 caliper in c h e s o f p l a n t m a t e r i a l i s b e i n g removed for construction. According to the tre e r e p l a c e m e n t p o l i c y a t o t a l o f 289 caliper inches should be replaced. Enge r s a i d a b o u t 5 0 0 c a l i p e r i n c h e s of trees are being removed. So somewhere i n t h e r a n g e o f a b o u t 5 0 1 2 i n c h trees would be removed. Peterson addressed the people who stated t h e i r d i s a p p o i n t m e n t t h e y experience in the lose of a natural amenity. T a l k e d a b o u t h o w E d e n P r a i r i e has grown in the last 15 years. Stated the Cit y c a n n o t a c q u i r e a l l t h e undeveloped property to protect our natural a m e n i t i e s . Harris said she understands the concerns of p r e s e r v i n g t h i s a r e a i n i t s n a t u r a l state, but on the other hand the City must se e k a b a l a n c e . S t a t e d t h e developer has satisfied her that he has tried t o m a i n t a i n o p e n s p a c e , t h a t t h e floodplain has been retained, and that he has g i v e n c a r e f u l c o n s i d e r a t i o n t o City Council Minutes 10 July 7,1987 maintain the physical characteristics given the demands for the development. Peterson asked Lambert about the practicality or feasibility of bridging or crossing that creek. Lambert stated the reason for the woodchip trail is because is infeasible to put a hard surface trail across the creek. Paul Schoiniere, 15819 North Eden Drive, wishes it could be preserved as a natural area. Thinks the developer has done a fine job explaining to the residents nearby what they are doing. Doesn't understand why the park board insists on putting a connecting link from one side to the other side and bridging the creek. Said he thinks it's against the Comprehensive Purgatory Creek Study. Joe Morin, 15820 South Eden Drive, stated that the residents are entitled to more park land. And requested the City purchase more of this land and dedicate it for park land. He referred to a Resident's Report to the City Council dated August 19, 1980, describing results of petition drive and reasons for more park land. Anderson stated the City of Eden Prairie's first bond issue that it passed for the park program was to preserve as much of the amenities of the community as it could. In 1974-1975 the City of Eden Prairie tried to preserve as much as what it considered the natural amenities in Eden Prairie. At that time the City believed Purgatory Creek was one of those and conducted a Purgatory Creek Study. Stated this is happening because of the Purgatory Creek Study. Anderson said very few infringements are being made on that floodplain. Anderson said that in 1979 the City Council said they were going to try to make it easier to get from one place in the City to another. He said there is definitely a need for this. He also said the developer has done an excellent job in preserving as much land as he possibly can. Joe Morin referred to the 1979 Eden Prairie Park Bond Referendum for acquisition of park land and wanted to know why the funds weren't used for acquiring park land. Lambert stated that the three parks that have funds designated by the referendum are Hidden Ponds, Creekwood and Red Rock. Bentley said that they are here to review what he sees as a betterment of the previous approval, not to discuss the merits of purchasing more park land. 77c City Council Minutes 11 July 7, 1987 Duane Hilleman talked about the 1981 guideplan for that area and that it was to remain rural. Concerned what happened to the original 1980 or 1981 Guide Plan. Bentley said Mr. Hilleman is confusing Guide Plan and PUD and rezoning. He went on to explain what a Guide Plan is and does. Also explained how the zoning works for undeveloped parcels in Eden Prairie. Bentley said one of the purposes of the PUD is to cluster or in some cases preserve natural amenities, etc. Pidcock asked the developer how much the proposed townhouses are going to cost. Mr. Schneider stated $140,000 to $150,000 range. Tom Schroeder, 6318 Creekview Lane, said he believes the developer has done a good job preserving what can be preserved. Disagreed with putting blacktop down on the trail systems. Pointed out the children will go to different school districts in the area and will not be interacting together as much. Paul Schoiniere mentioned he concern for flooding in the area and how the trail system will be maintained with flooding. Peterson said he has confidence in the Staff to construct a crossing to withstand the flooding. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing and Adopt Resolution No. 87-183 for Comprehensive Guide Plan Amendment. Motion carried 5-0-0. MOTION: Harris moved, seconded by Pidcock to adopt Resolution No. 87-184 for PUD Concept Amendment to the Timber Creek Woods PUD. Motion carried 5-0-0. MOTION: Harris moved, seconded by Pidcock, to approve 1st Reading of Ordinance No. 34-87-PUD-6-87 for Rezoning. Motion carried 5-0-0. MOTION: Harris moved, seconded by Pidcock, to adopt Resolution No. 87-185 for Preliminary Plat approval and direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations for raw material for trail crossing. Motion carried 5-0-0. C. MOUNT CURVE ADDITION, by Mount Curve Developers. Request for a Comprehensive Guide Plan Amendment from Medium Density Residential to Low Density Residential on 2.24 acres, Zoning District Change from RM-6.5 to R1-13.5 on 2.24 acres, and Preliminary Plat of 2.88 acres into 5 single family City Council Minutes 12 July 7, 1987 residential lots. Location: Southwest corner of Franlo Road and Mount Curve Road. (Resolution #87-187, Comprehensive Guide Plan AMendment; Ordinance #35-87, Rezoning; Resolution #87-188, Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Lori Johnson, representing the proponent, addressed the proposal. Ms. Johnson corrected the Resolution to four single family residential lots plus one lot for a maintenance building. Don McGlynn, developer, was available to answer questions. Director of Planning Chris Enger stated the Planning Commission reviewed this item at the June 8th meeting and recommended on a 5 - 0 vote approval of the plan dated May 18, 1987, subject to Staff recommendations of June 15th Staff report. Bob Hawkinson, 9515 Clubhouse Road, mentioned his concern over the driveway location for the development and the traffic backup it may cause. Peterson asked Ms. Johnson about the possibility of realigning the road. Ms. Johnson said due to the trees they did not align the roads. Dietz responded that Staff would like to align roadways. But the previous submittal did take out the trees and they decided the traffic was not sufficient to warrant environmental damage by relocating the road. Bob Hawkinson, 9515 Clubhouse Road, mentioned if you drive south on Clubhouse Road and pretend to drive into this area, a person would not hit a tree. Enger said it looks like the driveway would go under the dripline of the tree. Peterson asked if it were placed under the dripline, would it kill the tree. Enger responded that it probably would. Don McGlynn stated that with the first addition of Olympic Hills they moved Clubhouse Road 30 to 40 feet to accommodate six oak trees and that there is not one oak tree left of those six trees. MOTION: Pidcock moved, seconded by Anderson, to close the Public Hearing and adopt Resolution No. 87-187 for Comprehensive Guide Plan Amendment. City Council Minutes 13 July 7, 1987 Motion carried 5-0-0. MOTION: Pidcock moved, seconded by Anderson, to approve 1st Reading of Ordinance No. 35-87 for Rezoning. Motion carried 5-0-0. MOTION: Pidcock moved, seconded by Anderson, to adopt Resolution No. 87-188 for Preliminary Plat approval and direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0-0. D. EDENVALE EXECUTIVE CENTER It, by Equitable Life Assurance Society. Request for Planned Unit Development Concept Amendment on approximately 100 acres, Planned Unit Development District Review on 15.5 acres with Zoning District Change from Rural to 1-2 on 15.5 acres with variances, and Preliminary Plat of 15.5 acres into one lot for construction of 172,900 square feet of industrial uses in three buildings. Location: South of Valley View Road between Equitable Drive and Executive Drive. (Resolution #87-189, PUD Concept Amendment to Edenvale 9th Addition Industrial Park PUD; Ordinance #36-87-PUD-7-87, PUD District Review and Zoning; Resolution #87-190, Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project had been notified. Paul Dunn, representing the proponent, addressed the proposal. Brian Gatzlaff, representing the proponent, addressed architectural design issues. Planning Director Enger said the Planning Commission reviewed this item at the June 8th meeting and recommended approval on a 5 - 0 vote, subject to plans dated April 24th and Staff report of June 5th. Bentley asked Mr. Enger if this project is going to develop as office/warehouse buildings. Enger responded the inner loop of the project always has been anticipated to be office/warehouse with outside the loop as office. Bentley said he wants the Council to hold firm on office use for the outside area since it's a highly visible site. Pidcock asked if the buildings could be made more imaginative looking from '11 City Council Minutes 14 July 7, 1987 the outside. Anderson agreed with Ms. Pidcock. Anderson also mentioned trying to save the trees in the area. Enger said they spent a lot of time talking to the proponents about the tree issue. He said with the plan the proponents have they may be able to save the trees, but it would be in the middle of their loading dock area. The proponents proposed to replace the trees two for one. Enger addressed the issue on being more imaginative and stated the entire office/warehouse product has changed since 1981. Peterson agreed with Enger. Pidcock asked how much lighting there will be in the parking lot. Mr. Dunn responded that there will be pole lights and wall packs on all the buildings with light line coming out to the second row of parking. Anderson mentions his disappointment on the tree issue. Mr. Dunn stated they looked at it very carefully and addressed different procedures they tried. There were no comments from the audience. MOTION: Bentley moved, seconded by Harris, to close the Public Hearing and adopt Resolution No. 87-189 for PUD Concept Amendment to the Edenvale 9th Industrial Park PUD. Motion carried 5-0-0. MOTION: Bentley moved, seconded by Harris, to approve 1st Reading of Ordinance No. 36-87-PUD-7-87 for PUD District Review and Zoning. Motion carried 5-0-0. MOTION: Bentley moved, seconded by Harris, to adopt Resolution No. 87-190 for Preliminary Plat approval. Motion carried 5-0-0. MOTION: Bentley moved, seconded by Harris, to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0-0. E. THOMPSON'S ADDITION by David Thompson. Request for Preliminary Plat of 0.993 acres into 2 single family lots and road right-of-way with variances to be reviewed by the Board of Appeals. Location: Southwest corner of Valley View Road at Franklin Circle. (Resolution #87-191, Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published City Council Minutes 15 July 7, 1987 and property owners within the project vicinity had been notified. Brian Olson, representing the proponent, addressed the proposal. David and Hillary Thompson were available to answer questions. Director of Planning Enger said this item was reviewed by the Planning Commission on June 22, 1987. The Planning Commission recommended approval on a 6 - 0 vote, subject to plans dated June 4th and Staff report of June 19th. Also, this will be appearing at the Board of Appeals Thursday night. Peterson made reference to a combined driveway talked about in the Staff report. Enger said the Staff would recommend a turnaround on Lot 1 to eliminate any backups onto Valley View Road. There were no comments from the audience. MOTION: Bentley moved, seconded by Pidcock, to close the Public Hearing and adopt Resolution No. 87-191 for Preliminary Plat approval. Motion carried 5-0-0. F. EASEMENT VACATION LOTS 1-6. BLOCK 6. TIMBER CREEK WOODS 2ND ADDITION (Resolution #87-157) City Manager Jullie stated that notice was properly published for this easement vacation. There were no comments from the audience. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and adopt Resolution No. 87-157 vacating Drainage and Utility Easements on Lots 1-6, Block 6, Timber Creek Woods 2nd Addition. Motion carried 5-0-0. G. EASEMENT VACATION.I_OT 1.. BLOCK 1. PRAIRIE KNOLL ADDITION (Resolution #87-160) City Manager Jullie stated that notice was properly published for this easement vacation. There were no comments from the audience. City Council Minutes 16 July 7, 1987 MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and adopt Resolution No. 87-160 vacating Drainage and Utility Easements on Lot 1, Block 1, Prairie Knoll Addition. Motion carried 5-0-0. V. PAYMENT OF CLAIMS Bentley questioned item 35801. City Manager Jullie said it is for his office chair. Peterson questioned item 35706. City Manager Jullie said it's a bill for attendance for a Chamber of Commerce meeting. Harris questioned item 35547. City Manager Jullie said its related to a construction project on Homeward Hills Road. Anderson questioned item 35792. Asked if Eden Prairie has towing equipment. City Manager Jullie said the City doesn't and explained the cost. Anderson asked if there was an agreement with Matt's Auto for towing services. City Attorney Pauly said the City does not, but there is discussion whether the City should have one. Anderson thought the business should go to a local company. Pauly said that Matt's apparently has some equipment for larger rigs. Pauly said there's a proposal to seek a contract for towing services and have been reviewing it. Peterson asked Jullie if it's proper to call Lehman & Associates "legal services" and asked if it was consulting services. Jullie said it was engineering consulting services. Pidcock mentioned she would like to see on the Agenda in the future the way the City procures any engineering services. Said she would like a report. Anderson mentioned he would like an outline on how it's done. MOTION: Bentley moved, seconded by Pidcock, to approve the Payment of Claims Nos. 35481 to 35932. Roll call vote: Anderson, Bentley, Harris, Pidcock, Peterson voted "aye". Motion carried 5-0-0. Anderson mentioned he would like to amend the Agenda to include the City seek bids on towing services. Bentley questioned why the Council is doing this at this time without proper City Council Minutes 17 July 7, 1987 input from Staff. Anderson replied through the years they've had many complaints about residents taking business outside of the community. Bentley stated that it might be more appropriate now to simply put the issue on the Agenda for the next meeting so Council can discuss the issue. Peterson said he would vote against this and suggests to explore the feasibility and report back to Council. MOTION: Anderson moved, seconded by Pidcock, to include on the Agenda the City seeks bids on towing services. Motion failed 3-1-1. Bentley opposed, Harris abstained. MOTION: Bentley moved, seconded by Peterson, to place the towing service item on the next regularly scheduled Council meeting agenda. Motion fails 3-2-0. Pidcock and Anderson opposed. VI. PETITIONS. REQUESTS & COMMUNICATIONS A. Ameal of the Decision of the Board of Appeals—Anderson's Garden Shoppe City Manager Jullie said the Board of Appeals on June 11th denied the required variance request for this item. He informed the Council they may overrule the Board of Appeals and grant the variance request. Jullie mentioned the certain findings which are incorporated into the minutes below. "FINDINGS OF FACT FOR REVERSAL OF BOARD OF APPEALS DENIAL OF VARIANCE REQUESTS FOR ANDERSON'S GARDEN CENTER "1. The City Council believes that the Board of Appeals did not adequately consider the merits of the individual variances, but rather, focused on land use and the City Council believes that the land use as proposed is the highest and best use of the property. "2. If the property is developed as proposed, it will operate as a good transitional land use between commercial and residential uses. "3. Although there is a request for outside display for sale of retail materials beyond the 10% allowed by City code, the nature of the material is harmonious with the surrounding area. This will be assured by the developer executing a restrictive covenant for Jr.j City Council Minutes 18 July 7, 1987 the use of the property. "4. The land use, as proposed, is at a much lower floor area ratio than allowed by City Code. "5. Implementation of the developer's plan will more promptly correct maintenance problems evident on the property today. "6. If the proponent's information is correct, traffic to the property will be low. "7. Although the lot area is smaller than allowed by City Code, if taken together with the existing Little Red Grocery Store, it would meet the intent of the City Code for lot size minimum. "8. The variance request for exterior materials of the building has been dropped, and the building proposed should be in keeping with the surrounding area." City Attorney Pauly said there were a couple of comments in the previous hearing concerning the present state of the property, that it's something of a substandard state. If Council should take that into consideration in the connection of hardship, that is one of the legal criteria for granting the variance. City Attorney Pauly stated he supplied the following information which sets out the legal criteria in addition to the factual findings Mr. Jullie referred to. "LEGAL FINDINGS FOR GRANTING OF A VARIANCE FROM PROVISIONS OF THE CODE RELATING TO ZONING "1. Strict enforcement of the Code provision would cause undue hardship because of circumstances unique to the individual property under consideration. "a. The property can not be put to a reasonable use if used under conditions allowed by the zoning provisions of the Code. "b. The need for the variance is due to circumstances unique to the property not created by the land owner. "c. The variance will not alter the essential character of the <2tqf City Council Minutes 19 July 7, 1987 locality. "2. The granting of the variance will be in keeping with the spirit and intent of the Code." Fred Hoisington, representing the proponent, addressed the proposal. Bentley said he would support a request to reverse the Board of Appeals and Adjustments because they were aware when granting the zoning approval for the variances. He also mentioned he would like to set up a meeting with the Board of Appeals and Adjustments and discuss exactly what its role is in this process. Anderson mentioned the fact of the 7 - 0 vote not to approve by the Planning Staff and the recommendation for nonapproval by the Staff and the 5 - 0 recommendation by the Board of Appeals and Adjustment for denial; when Council disagrees with that many people, Council should take another look at this issue. Bentley pointed out that what comes to the Council is a recommendation, it is not an approval, it is not a denial. He stated that based upon the minutes of the Board of Appeals and Adjustment, the discussion that was had was necessarily appropriate to what the Board of Appeals and Adjustment's role is. Eugene Grover, 16390 Westgate Drive, stated his objections over the variance request and stated they were assured it was going to be residential when the bought their house. Peterson addressed the other Public Hearings and the vast majority of neighbors who were in support of the project. Stewart Horn, representing the proponents, addressed the architectural issues of the building. Pidcock assured Mr. Grover that properties like this are monitored so things that aren't permitted within its use are happening. Anderson asked Ms. Pidcock what happens to property values with single family next to commercial. Pidcock replied she would see it as very favorable since you have single family down the street almost to the bank. She does not see a problem with that. ; I City Council Minutes 20 July 7, 1987 Pidcock said she would see this as a good buffer zone between the residential and commercial. Anderson asked if it can be a low key buffer with that amount of outdoor space. Peterson replied it's not going to be stacks of lumber or mounds of sand but plantings. Harris said the other side is the number of neighbors who came forward in support of the proposal. Said she was impressed with the drawings of the plans and felt it would be a tasteful buffer to that particular community. Pidcock added that once the restrictions are in place that another owner could not come in and use the property for a different type of store. MOTION: Bentley moved, seconded by Harris, to overrule the Board of Appeals decision and that we grant Variance Request No. 87-20 and attach the Findings of Fact and the legal findings. Motion carried 4-1-0 with Anderson opposing. Anderson states it becomes very serious for the City when City Council does not take into consideration the other boards and staff. It's important the City have credibility with the community and doesn't make a habit of rezoning property. Anderson mentioned that anybody would be threatened when they buy zoned single family property and the property is rezoned to something else. VII. ORDINANCES & RESOLUTIONS A. ANDERSON'S GARDEN SHOPPE. by Don C. and Rita L. Anderson. 2nd Reading of Ordinance #29-87, Zoning District Change from R1-22 to C-Corn on 1.27 acres and from R1-22 to R1-13.5 on 1.86 acres; Approval of Developer's Agreement for Anderson's Garden Shoppe; and Adoption of Resolution #87-192, Authorizing Summary of Ordinance #29-87, and Ordering Publication of Said Summary. 3.1 acres into one commercial lot, five single family lots and road right-of-way. Location: Southeast corner of County Road #4 and Valley View Road, west of Westgate Lane. (Ordinance #29-87, Rezoning; Resolution #87-192, Authorizing Summary and Publication) MOTION: Pidcock moved, seconded by Bentley, to approve 2nd Reading of Ordinance No. 29-87 for Rezoning. Motion carried 5-0-0. MOTION: Pidcock moved, seconded by Bentley, to approve the Development Agreement for Anderson's Garden Shoppe. Motion carried 4-1-0 with Anderson opposing. City Council Minutes 21 July 7, 1987 MOTION: Pidcock moved, seconded by Bentley, to adopt Resolution No. 87-192 authorizing Summary of Ordinance No. 29-87 and ordering the Publication of Said Summary. Motion carried 5-0-0. VIII. REPORTS OF ADVISORY COMMISSIONS A. Historical & Cultural Commission - Request to change terms on Commission MOTION: Bentley moved, seconded by Harris, to approve the recommendation of the Historical and Cultural Commission changing terms from years to years. Motion carried 5-0-0. IX. APPOINTMENTS There were none. X. REPORTS OF OFFICERS. BOARDS & COMMISSIONS A. Reports of Council Members 1. publicly commend Mr. Lambert and his staff for the fireworks display on July 4th MOTION: Pidcock moved, seconded by Harris, to publicly commend Mr. Lambert and his Staff for the fine 4th of July display. Motion carried 5-0-0. B. Report of City Manager 1. Property situation Oakridge Drive and Co. Rd. 4 City Manager Jullie said Staff is going to send out the land alteration permit. They had given Mr. Evans the form and explained its use. They have not yet heard back from Mr. Evans, so they will send it out completed by the Engineering Staff with a deadline of August 1st. If Mr. Evans does not perform, they are prepared to start legal action. C. Report of City Attorney City Attorney Pauly referred to the Supreme Court Ruling mentioned in the June 16th City Council Minutes. He stated there's been another decision on City Council Minutes 22 July 7, 1987 June 26th arising out of California. He referred to the land use regulation by the California Costal Commission and the decision by the Supreme Court. D. Report of Director of Planning There was none. E. Repph of Director of Commu ity Services 1. Trail Requests MOTION: Anderson moved, seconded by Bentley, to approve trail requests as listed in memo from Lambert dated 6-30-87. Motion carried 5-0-0. 2. Proposed Park Use Ordinance Revisions Anderson said he would like to have a report back to see how floating devices are working in the depth of water they'll be in since most trained lifeguards are opposed to these. Anderson said he would like to see a stronger hand out at Riley Lake, if at all possible. He mentioned the different type of crowds that go to Riley Lake than Round Lake. He also mentioned he agrees with banning glass out at Riley Lake. Pidcock mentioned the rental of parks for use by citizens and how they would have to have insurance to do this. Lambert mentioned this is not uncommon, that Bloomington does this also. The reason for doing this was so citizens would be responsible for the behavior of the people in their group. Lambert also mentioned the parks are booked solid into the fall. MOTION: Bentley moved, seconded by Harris, to approve the proposed park use ordinance revisions. Motion carried 5-0-0. F. Report of Zrestor of Public Works 1. Award contract for Nemec Knoll Improvements. I.C. 52-121 and lanylalookBoagi emprsaepleas.sysatothomewArsalls_Egactac,„ 52-109 (Resolution NO. 87-194) City Council Minutes 23 July 7, 1987 Director of Public Works Dietz said Staff only received two bids on this project and stated the lower bid was not responsive and recommended to reject the lower bid and award the contract to Brown and Cris Incorporated for $134, 519.35, which is below engineering's estimate. MOTION: Harris moved, seconded by Anderson, to award the contract to Brown and Cris for the Sunnybrook Road and Nemec Knolls, Resolution No. 87-194. Motion carried 5-0-0. XI. XII. NEW BUSINESS Harris mentioned she would like a brief report at a future Council meeting from the City Engineer, first, on the progress of wells currently under construction and what that's going to mean to the City. Secondly, the impact of any current and known future development on the recharge aquifer for Eden Prairie as it relates to pollution of the surface water collecting areas. ADJOURNMENT MOTION: Bentley moved, seconded by Anderson, to adjourn the City Council meeting at 11:50 p.m. Motion carried 5-0-0. MINUTES MONDAY, JULY 27, 1987 COUNCIL MEMBERS PRESENT SPECIAL EDEN PRAIRIE CITY COUNCIL MEETING 5:00 PM, CITY HALL COUNCIL CHAMBERS, 7600 Executive Drive Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock CITY COUNCIL STAFF PRESENT City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, Director of Public Works Eugene A. Dietz, City Engineer Alan Gray, Finance Director John Frane, City Assessor Steve Sinell, Public Safety Director Keith Wall, and Police Captain Jim Clark I. STATUS REPORT ON DAMAGE AREAS The City Manager underscored the severity of the rainfall which had occurred in Eden Prairie during the previous week. As an example, the City Offices recorded four inches of rain on July 20 and ten inches on July 23 - 24. Other parts of Eden Prairie received even more rainfall during these rain events. The amount of rain received was beyond any- thing that the stormwater drainage systems could handle. The Director of Public Works reported on the status of major problem areas. Along Fairway Drive, the water level had receded and the pumps were removed at 9:00 AM July 27. Repairs to water and sanitary sewer mains on the south side of County Road 1 east of Purgatory Creek had been completed at 4:30 PM July 27. On Smetana Lane, three houses had been isolated; access to the houses should be open by the end of the day on July 28. A large ponding area on Anderson Lakes Parkway west of Preserve Boulevard would take a long time to recede. There was no way to make physical changes without threatening structures and properties downstream at Neill Lake. Improved public roadways had been cleared over the weekend. The gravelled roads of Research Road, Mitchell Road, and Staring Lane had been restored by July 27. The rest of the gravel road system would be restored by July 28. Much additional work would be needed along roadways for such things as restoration of roadway embankments. Round Lake had risen about 7 feet and pumping at the lake was expected to begin by the end of the week. The City Manager reviewed damage to private property. Most of the damage was related to water and generally affected lower floors of buildings, landscaping, and retaining walls. There had been a small amount of structural damage to private buildings. Reports on damage were coming to the City and to Hennepin County through its hot line phone number. He reported that no properties were currently in a flooding situation. Councilmember Bentley reported that a pump was being set up along Anderson Lakes Parkway late this afternoon. City Manager reported - 2 - problems with children playing and swimming in the two ponded inter- sections (Anderson Lakes Parkway/Preserve Boulevard, and Valley View Road/Edenvale Boulevard). Security at these areas would be strengthened during daylight hours beginning Tuesday and run through the end of the week. Councilmember Harris asked that continuous efforts be made with the news media to publicize these problem areas. II. REPORT FROM OTHER AGENCIES ON DISASTER ASSISTANCE Charles "Corky" Stevenson, Hennepin County Director of Emergency Preparedness, reported on the County Assistance Program. The County program consists of a pro-rated reassessment of homesteaded property. A minimum of 25 homes with at least $5,000 damage is necessary to qualify for the program. Owners of homesteaded properties get a pro-rated reduction off next year's taxes, and the City is reimbursed for the loss of revenue through this damage rebate program. He stressed that there was not a lot of money involved here. To apply, the City needed to adopt a resolution asking for a reassessment. The resolution is sent to the Governor who then asks his executive council to approve the request. Stevenson then highlighted the Presidential Declaration Program. Under this program, the Federal government would contribute 75% of the costs to repair or replace public facilities. The Presidential Program is a comprehensive one, and one easier to qualify because a larger area (the County or the metropolitan area) is involved. Another relief program is administered by the Small Business Administration (SBA). It is a low-cost loan available for residences and businesses. Qualifications requires at least 25 homes or businesses in the County with greater than 40% uninsured losses. This is the only program available to commercial entities. Stevenson concluded by speaking about coverage on County facilities, and noted that the County was well informed on the condition of its roads. Stevenson then introduced Dave Lundberg, Planner with the Division of Emergency Services, Minnesota Department of Public Services, and Howard Strabela, the Metropolitan Coordinator for the Division of Emergency Services. Lundberg stated that damage assessment teams were in the field. At this time, 15 Federal assessment teams were in the metropolitan area, and they were uncovering more damage than they had expected. The objective of the work was to go through all affected areas and find as much information as possible. It was expected that a request for Presidential Declaration would be made Thursday or Friday, and Lundberg was cautiously optimistic for approval. Harris asked how long an approval might take, and Lundberg said that optimistically, it should occur within two to three days. Councilmember Pidcock asked if there were any minimum monetary amounts required for qualification. Lundberg said that there was not, and that the disaster designation is a subjective process because dollar amounts of loss will have differing impacts on local economies because of the size of a community or its geographic region. Bentley asked if there were any advantages to having local officials contact others in the Federal government. Lundberg responded that it is always helpful to show a broader base of support. He underscored the Governer's interest in getting a Disaster Declaration quickly. 240 - 3 - The City Manager asked if there were any disadvantage or disqualification to the City or homeowners who have begun repairs prior to an inspection or a declaration. Lundberg said that there should not be a disqualification. He advised that persons who do begin these repairs make plenty of documentation and also take photographs. Lundberg said that one-stop service centers would be established if necessary and would be well-publcized. Other programs available included an individual and family grant program, in which those who did not qualify for a SBA loan would have up to $5,000 available, and a temporary repair and housing program, in which temporary housing could be provided for up to one year. Mayor Peterson asked if the term "areas of need" is liberally defined. Lundberg responded that the term is rather narrowly defined to the necessities for living. Bentley stressed that all of these programs are contingent upon a Presidential Declaration. Strabela introduced himself to the Council. Bentley and Stevenson commented that the County program is in process because the City Assessor is gathering information for application to the County. Lundberg noted that the City will need to submit an Indication of Interest in the benefits of the Presidential Declaration. After that is done, individual project applications may be made by the City. He stressed that the programs available through the Federal government are separate: one is for individuals, and the other is for public agencies such as the City. III. RESOLUTION NO. 87-205 Peterson noted that the reason for this Resolution was to formalize the Mayor's Declaration of Disaster within three days of that Declaration (the Declaration was declared on Friday, July 25, 1987). Councilmember Anderson moved and Harris seconded to adopt Resolution No. 87-205 entitled "A Resolution Requesting Homestead Properties Damaged by the July 23, 1987 Rainstorm be Reassessed for Purpose of Special Tax Credit". He recited language in the City Code which stated that during a natural disaster requiring a Declaration of a State of Emergency, the continuity of duly elected and lawful leadership of the City and continuity of government required that the Council meet forthwith. He questioned the leadership exhibited during this affair. Pidcock thought that the notification of the emergency was handled poorly. Bentley noted that the Code stated that an emergency declaration can be done only by action of the full City Council. Councilmembers expressed frustration in not knowing how they were supposed to function during the natural disaster. All acknowledged that the people involved in the situation functioned well. Bentley wished to point out that the Council could learn from this experience and be better prepared in the future. Peterson questioned how the emergency could have been handled any differently. Apo, - 4 - Several Councilmembers suggested that an annual update would be helpful regarding how they might best serve, or what their responsibilities would be during emergencies. Peterson stressed the difference between policy-making responses and operational responses. The consensus of the Council was to have a study session on this matter. The Director of Public Safety noted that there may be conflict between the language in the City Code and the Emergency Plan. He noted that State and Federal Statutes prescribe procedure, and often identify the Mayor as the responsible elected official during such situations. Bentley said that the Mayor was an equal member of the Council. Pidcock related her inability to make telephone connections to the City. She suggested that Councilmembers have access to non-published telephone numbers. IV. ADJOURNMENT Bentley moved and Pidcock seconded to adjourn the meeting at 7:24 PM. Motion carried 4 - 0. Respectfully submitted, Craig W. Dawson Recording Secretary g/Z These licenses have been approved by the department heads responsible f o r licensed activity. Pat Solle, Licensing CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST August 18, 1987 CONTRACTOR (MULTI-FAMILY & COMM.) Mastro Construction CONTRACTOR (1 & 2 FAMILY) B. C. Construction Baylor Bros., Inc. Deckworks George-Janick Construction Hansen Hometech, Inc. Koester Construction Robert H. Mason, Inc. C. J. Miller Construction Pietig Bros., Inc. Thelen Builders Scott M. Wold GAS FITTER Plymouth Plumbing HEATING & VENTILATING Boelke Plumbing & Heating PLUMBING Ivan C. Lanars Major Mechanical, Inc. SEPTIC SYSTEMS Olson Construction Company Richfield Plumbing Company PEDDLAR Tim Hayes (Firewood) TEMPORARY BEER Optimist Club of Eden Prairie August 21-22-23 Westwood Industrial Park 4th Additi o n SUPPLEMENT TO DEVELOPER'S AGREEMENT This Supplement to Developer's Ag r e e m e n t m a d e a n d e n t e r e d i n t o a s o f t h i s day of , 1987, by a n d b e t w e e n D a l l a s D e v e l o p m e n t Company, transferees of the prop e r t y a s d e s c r i b e d i n t h e d e v e l o p e r ' s a g r e e m e n t between Bury & Carlson, Inc., a Mi n n e s o t a c o r p o r a t i o n , a n d t h e C i t y o f E d e n P r a i r i e , for Westwood Industrial Park, d a t e d J u n e 2 1 , 1 9 8 3 , h e r e i n a f t e r " D e v e l o p e r ' s Agreement," and the City of Eden P r a i r i e , a m u n i c i p a l c o r p o r a t i o n , h e r e i n a f t e r referred to as "City:" WHEREAS, Dallas Development Compa n y h a s s u c c e e d e d t o a l l o f t h e r i g h t s a n d interests in lands included within W e s t w o o d I n d u s t r i a l P a r k 4 t h A d d i t i o n , p r e v i o u s l y owned by Bury & Carlson Company; an d , WHEREAS, the parties desire to am e n d s a i d a g r e e m e n t f o r a p o r t i o n o f t h e property referred to in said agre e m e n t , t h a t p o r t i o n o f t h e p r o p e r t y b e i n g l e g a l l y described as Lot 2, Block 1, WESTW O O D I N D U S T R I A L P A R K 3 R D A D D I T I O N , H e n n e p i n C o u n t y , Minnesota; NOW, THEREFORE, it is agreed by an d b e t w e e n t h e p a r t i e s t h e r e t o a s f o l l o w s : 1. The Developer's Agreement shall be a n d h e r e b y i s s u p p l e m e n t e d a n d a m e n d e d i n the following respects: A. Paragraph 1. shall be amended to r e a d a s f o l l o w s : Owner shall develop the property i n c o n f o r m a n c e w i t h t h e r e v i s e d material dated June 12, 1987, reviewed and approved as amende d b y the City Council on July 21, 1987, and attached hereto as Exhibit A, subject to such changes and modific a t i o n s a s p r o v i d e d h e r e i n . B. Paragraph 6. shall added and read a s f o l l o w s : Prior to issuance of any building permit for t h e s o u t h e r l y l o t o n the property as depicted in Exhibit A, attach e d h e r e t o , D e v e l o p e r shall submit to the Director of Planning, and o b t a i n t h e D i r e c t o r ' s approval of revised grading and landscaping pla n s w h i c h p r o v i d e f o r screening of the industrial use from the adjace n t r e s i d e n t i a l a r e a s to the south and west. 2. Dallas Development Company agrees to all of t h e t e r m s a n d c o n d i t i o n s a n d accepts the obligations of the "Owner" under t h e D e v e l o p e r ' s A g r e e m e n t , a s amended and supplemented herein. WHEREFORE, the parties hereto have executed t h i s S u p p l e m e n t t o D e v e l o p e r ' s Agreement the day and year first above written . CITY OF EDEN PRAIRIE Gary D. Peterson, Mayor Carl J. Jullie, City Manager STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledge d b e f o r e m e t h i s day of 1987, by Gary D. Peterson, the Mayor, and Car l J . ' V i l e , t h e C i t y Manager, of the City of Eden Prairie, a muni c i p a l c o r p o r a t i o n , o n b e h a l f o f t h e corporation. Notary Public ;15-3 MEMO TO: FROM: THROUGH: DATE: SUBJECT: Mayor and City Council Chris Enger, Director of Planning Michael D. Franzen, Senior Planner Carl Jullie, City Manager August 12, 1987 ANDERSON'S GARDEN CENTER The Staff has reviewed the most recent development plans submit t e d f o r t h e Anderson's Garden Center. The building architecture, site plan, and la n d s c a p e plan are consistent with plans previously reviewed by the City Coun c i l . di 5-1* MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Barbara Penning Cross, Landscape Architect DATE: August 12, 1987 SUBJECT: Contract Award for Tennis Court Construction at Eden Valley Park, Edenbrook Park, Homeward Hills Park and Sterling Field In 1982 the Sterling Field Homeowner's Association made a request to the C i t y C o u n c i l to resurface their multi-purpose court, which was in need of repair. Th e C o u n c i l w a s reluctant to allocate funds while the park was controlled by the Homeown e r ' s Association and denied the request. In May 1984, the City of Eden Prair i e a s s u m e d operations of the Sterling Field Park and has been maintaining and upgra d i n g t h e p a r k facilities. The multi-use court has not yet been resurfaced and is now i n d e s p e r a t e need of repair. Eden Valley Park was graded and seeded in the spring of 1985. Last year p a r k Improvements included the addition of a parking lot to accommodate 16 ca r s , a b a c k s t o p and players benches, and a small playstructure. A base for tennis co u r t s w a s p r e p a r e d when the park was orginally graded but the courts were never paved. Edenbrook Park was also graded and seeded during the summer of 1985. T h e p a r k h a s been devoid of facilities until this year, when the City Council appro v e d f u n d s f o r a small backstop and playstructure. A tennis court pad was graded with t h e o r i g i n a l construction, but paving was never done. The City staff received nume r o u s r e q u e s t s t o pave tennis courts at both Edenbrook and Eden Valley Park. Homeward Hills Park is under construction this summer. A park shelter , p l a y equipment, hockey and skating rinks, an expanded parking lot, as well a s a t e n n i s court and multi-use court have been planned as 1st phase development. A g r a d i n g contract award for this park was approved by the City Council at the A u g u s t 4 t h meeting and grading is currently underway. A tennis court and multi p u r p o s e c o u r t will receive base preparations and construction of these courts can oc c u r a s p r o m i s e d to the neighbors, yet this year. The park also has a paved plaza area t h a t w a s a d d e d as an alternate bid to include all paving under one contract. Funds for these projects have been budgeted for in the 5 Year Capital I m p r o v e m e n t Program, which was approved earlier this year by both the Parks, Recrea t i o n a n d Natural Commission and the City Council. Plans and specifications were prepared, advertised and received August 1 0 , 1 9 8 7 . Three bids were received with prices ranging from $73,073 to $85,699. T h e C o m m u n i t y Services Staff recommend the City Council award the contract to Plehal B l a c k t o p p i n g , Inc. in the amount of $73,073 for tennis court construction and resurfa c i n g a t E d e n Valley Park, Edenbrook Park, Homeward Hills Park, and Sterling Fields. T h e m o n e y f o r these improvements will come from cash park fees. BPC:md TENNIS COURT BIDS - August 10, 1987 Bid Bond Eden Valley Edenbrook Sterling Homeward Alternate Total Field Hills Plaza H. L. Johnson x $19,942 $27,809 $3,290 $27,187 $5,400 $83,628 Plehal Blacktopping x 19,091 24,950 4,150 21,682 3,200 73,073 Munn Blacktop x 21,434 25,933 5,175 24,152 9,005 85,699 MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation and Natural Resources Commission Carl Jullie, City Manager Bob Lambert, Director of Community Services August 11, 1987 Park Use Ordinance Amendment Several weeks ago the Parks, Recreation and Natural Resources Commission and the City Council approved tentative language for a revision to the Park Use Ordinance. Attached is a copy of the ordinance amendment. City staff requests the Commission and the Council to review the language and for the City Council to give first reading approval to Ordinance No. 43-87. BL:md ORDINANCE NO. 43-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MIN N E S O T A , A M E N D I N G C I T Y C O D E S E C T I O N 9 . 0 4 , RULES AND REGULATIONS GOVERNING PUBLIC PARKS, B Y A M E N D I N G S U B D . 4 . Q T O P R O H I B I T ALCOHOLIC BEVERAGES ON PUBLIC BEACHES; BY AME N D I N G S U B D . 4 . V T O P E R M I T A I R M A T T R E S S E S IN DESIGNATED AREAS; AMENDING SUBD. 4.Z TO PR O H I B I T G L A S S C O N T A I N E R S O N P U B L I C BEACHES, AND BY ADDING NEW SUBD. 4.ZA REGULATI N G M O O R I N G A N D D O C K I N G O F B O A T S , THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, M I N N E S O T A , O R D A I N S : Section I. Eden Prairie City Code Chapter 9, Section 9 . 0 4 , S u b d . 4 . A s h a l l b e amended to read as follows; A. 1(1)] Serve, possess, or consume (liquor; ( 2 ) p o s s e s s a b e e r k e g o r s e r v e o r consume beer from a beer keg, unless a permi t h a s b e e n o b t a i n e d t h e r e f o r e f r o m t h e City; (3) serve, possess or consume beer or w i n e i n t h a t p a r t o f R o u n d L a k e P a r k situated north of Valley View Road and in the F l y i n g C l o u d A t h l e t i c F i e l d , u n l e s s a permit has been obtained therefore from the City. [-; or to serve, possess, or consume any alcoholic beverage in a public beach area ; Section 2. City Code Chapter 9 shall be and is amended b y a m e n d i n g S e c t i o n 9 . 0 4 , Subd. 4.V to read as follows: V. Use air mattresses, inner tubes, or other i n f l a t e d a r t i c l e s o r f l o t a t i o n equipment in any park lakes, except that Lai r m a t t r e s s m a y b e u s e d i n a r e a s specifically marked and designated by the Ci t y f o r a i r m a t t r e s s e s . T h i s o r d i n a n c e shall not apply to.) inflatable boats used on p a r k l a k e s p u r s u a n t t o [ a ) M i n n e s o t a State Water Craft License or Permit; Section 3. City Code Chapter 9 shall be and is amended b y a m e n d i n g S e c t i o n 9 . 0 4 , Subd. 4.Z to'read as follows: Z. [Possess glass containers in public beach a r e a s ; o r t o ] d e p o s i t , s c a t t e r , drop or abandon bottles, cans, glass, coals, a s h e s , s e w a g e , w a s t e o r o t h e r m a t e r i a l [on park property], except in receptacles pro v i d e d f o r s u c h p u r p o s e . Section 4. City Code Chapter 9 shall be amended by addi n g n e w S e c t i o n 9 . 0 4 , Subd, 4.ZA to read as follows: ZA. Moor or dock any boat to public docks, ra f t s , b u o y s o r r o p e s w h i c h a r e p a r t of a designated swimming area. ;613 Section 5. This ordinance shall become effective from and after i t s p a s s a g e a n d publication. FIRST READ at a regular meeting of the City Council o f t h e C i t y o f E d e n P r a i r i e on the day of , 1987, and finally read and adopted and ordered published at a regular meeting of the City Council o f s a i d C i t y o n t h e of , 1987. ATTEST: City Clerk Mayor Published in the Eden Prairie News on the day of , 19 . 2/59 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-236 A RESOLUTION APPROVING FINAL PLAT OF JAY WALLACE ADDITION WHEREAS, the plat of JAY WALLACE ADDITION has been s u b m i t t e d i n a m a n n e r required for platting land under the Eden Prairie Ord i n a n c e C o d e a n d u n d e r Chapter 462 of the Minnesota Statutes and all proceed i n g s h a v e b e e n d u l y h a d thereunder, and WHEREAS, said plat is in all respects consistent wit h t h e C i t y p l a n a n d t h e regulations and requirements of the laws of the Stat e o f M i n n e s o t a a n d ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T H E C I T Y O F E D E N P R A I R I E : A. Plat approval request for JAY WALLACE ADDITION is ap p r o v e d upon compliance with the recommendation of the City E n g i n e e r ' s report on this plat dated AUGUST 12, 1987. B. That the City Clerk is hereby directed to supply a ce r t i f i e d c o p y o f this Resolution to the owners and subdivision of the a b o v e n a m e d plat. C. That the Mayor and City Manager are hereby authorize d t o e x e c u t e the certificate of approval on behalf of the City Co u n c i l u p o n compliance with the foregoing provisions. ADOPTED by the City Council on AUGUST 18, 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 J. Jullie, City Manager Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician DATE: August 12, 1987 SUBJECT: JAY WALLACE ADDITION PROPOSAL: The Developer, Jay Wallace, has requested Ci t y C o u n c i l a p p r o v a l f o r the Final Plat of Jay Wallace Addition, a single family r e s i d e n t i a l development located east of Franlo Road and south of M o u n t C u r v e Road in the North half of Section 25. The plat contain s 1 . 2 3 a c r e s to be divided into two single family lots, and right-o f - w a y d e d i c a t i o n for street purposes. HISTORY: The Preliminary Plat was approved by the City C o u n c i l J u n e 2 , 1 9 8 7 per Resolution 87-131. Second reading of Ordinance No. 26-87, changing zoning f r o m r u r a l t o R1-13.5 was finally read and approved by the City Counc i l A u g u s t 4 , 1987. The Developer's Agreement referred to within this report w a s executed August 4, 1987. VARIANCES: All variance requests must be processed thro u g h t h e B o a r d o f Appeals. UTILITIES AND STREETS: All municipal utilities and stre e t s n e c e s s a r y t o serve this site are in place. The Developer will be res p o n s i b l e for providing sanitary sewer and water service for the v a c a n t l o t from existing facilities in Franlo Road. A drainage stu d y o f t h e surrounding area indicated a need for a storm sewer outl e t f o r t h e pond on the North side of this plat. With the proposal o f t h e Mount Curve Addition to the West and the Jay Wallace Add i t i o n , i t was determined that the two developers would provide the m a t e r i a l s cost for the storm sewer and the City would do the actua l i n s t a l l a - tion of the outlet for the pond. Based on acreage, the d e v e l o p e r ' s portion of these costs would be $1,197.00. Prior to the r e l e a s e o f the Final Plat the developer shall pay $1,197.00 towar d s t h e materials cost of providing storm sewer outlet from th e p o n d . Prior to the release of the Final Plat the drainage an d u t i l i t y easement over the ponding area shall be revised to con t a i n t h e 8 5 4 elevation contour; this being the minimum elevation to a l l o w installation of the storm sewer outlet. PAGE 2 JAY WALLACE ADDITION AUGUST 18, 1987 PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. BONDING: The requirements for bonding shall conform to City Code and the Developer's Agreement requirements. RECOMMENDATION: Recommend approval of the Final Plat of Jay Wallace Addition subject to the requirements of this report, the Developer's Agree- ment and the following: I. Receipt of $1,197.00 to cover materials cost for storm sewer outlet. 2. Receipt of street lighting fee in the amount of $256.00. 3. Receipt of engineering fee in the amount of $250.00. 4. Revision of the drainage and utility easement to encompass 854 elevation contour. JJ:ss cc: Jay Wallace Hedlund Engineering ,7 I/ ,7N1,00. ADOPTED by the City Council on AUGUST 18, 1987. Gary D. Peterson, Mayor CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-237 A RESOLUTION APPROVING FINAL PLAT OF JARRETT ESTATES (HOME OF ANDERSON GARDEN CENTER) WHEREAS, the plat of JARRETT 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 JARRETT ESTATES is approved upon compliance with the recommendation of the City Engineer's report on this plat dated AUGUST 12, 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. ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician DATE: August 12, 1987 SUBJECT: JARRETT ESTATES (A.K.A. ANDERSON GARDEN CENTER) PROPOSAL: Don C. and Rita L. Anderson have requested City Council approval of the Final Plat of Jarrett Estates, a single family and commercial subdivision located East of County Road 4 and South of Valley View Road in the South half of Section 8. The plat contains 3.13 acres to be divided into five single family lots and one lot for commercial use which will be the site of the proposed Anderson's Garden Center, and road right-of-way for street purposes. HISTORY: The Preliminary Plat was approved by the City Council June 2, 1987 per resolution 87-146. Second reading of Ordinance #29-87, zoning district change from R1-22 to community commercial on 1.27 acres and from R1-22 to R1-13.5 on 1.6 acres was finally read and approved by the City Council July 7, 1987. The Developer's Agreement referred to within this report was executed July 7, 1987. VARIANCES: All variances must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities, roadways and walkways will be installed in conformance with City Standards and the requirements of the Developer's Agreement. Prior to release of the Final Plat, the Developer must provide the City Engineer with final construction plans for streets, sewer, water, storm sewer and erosion control, and receive City Engineers approval of said plans. In addition, the Developer shall enter into a special assessment agreement for the construction of a sidewalk along County Road 4. A portion of this parcel (0.84 acres) has not been previously assessed for trunk sewer and water. This comes to an amount of $2,394.00. Because the Garden Center portion of this plat shares a driveway with the Little Red Grocery Store, it will be necessary to get cross-access easements prior to release of the Final Plat. Additional drainage and utility easements may be required depending upon the final construction plans. g164/ PAGE 2 JARRETT ESTATES AUGUST 18, 1987 PARK DEDICATION: The requirements for park dedication are covered i n t h e Developer's Agreement. BONDING: Bonding will conform to City Code and the Developer's Agre e m e n t . RECOMMENDATION: Recommend approval of the Final Plat of Jarrett Est a t e s subject to the requirements of this report, the Developer's Agreement and the following: I. Receipt of street sign fee in the amount of $65.00. 2. Receipt of street lighting fee in the amount of $256.00. 3. Receipt of engineering fee in the amount of $322.00. 4. City Engineer's approval of final construction plans. 5. Receipt of cross-access easements for the common driveway shared with Little Red Store. 6. Developer shall enter into a special assessment agreement for the construction of a sidewalk along County Road 4. 7. Satisfaction of bonding requirements. JJ:ss cc: Don C. Anderson Lots Survey Company, Inc. CONTRACT AMENDMENT NO. 3 TO CONSTRUCTION CONTRACT FOR IMPROVEMENT PROJECT 51-272 VALLEY VIEW ROAD, COUNTY ROAD 4 TO MITC H E L L R O A D CITY OF EDEN PRAIRIE, MINNESOTA 0452112"111°, PY Contractor COPY Inspector Copy August, 1987 BENNETT-RINGROSE-WOLSFELD-JARVIS-GARDNER, I N C . 700 Third Street South Minneapolis, MN 55415 The following work shall be added by con t r a c t a m e n d m e n t t o t h i s p r o j e c t : ADDITIONS Seq. No. Mn/DOT No. Item 1/163/504.571 3 Split Rail Fence 2/164/2564.531 High-Intensity Type RC" Signs Estimated Unit Unit Quantity Price Amount L.F. 730 $ 6.85 $5,000.50 S.F. 50 2.80 140.00 3/165/2554.603 Concrete Median Barrier L.F. 180 Des. 8323 Type III 22.00 3,960.00 Total Additions Contract Amendment No. 3 $9,100.50 NECESSITY FOR AMENDMENT Item 1: Proximity to residential areas d e e m e d t o r e q u i r e f e n c i n g t o m i n i m i z e p u b l i c hazard of walls more than four feet high. Item 2: High-intensity reflector materia l n o w b e i n g u s e d b y M n / D O T f o r " S t o p " a n d " D o N o t Enter" signs, for better night visibility . Item 3: Needed to prevent vehicles possi b l y l e a v i n g r o a d w a y a n d g o i n g i n t o c r e e k . C i t y to remove and own barrier when permanent r o a d w a y i s b u i l t . ORIGINAL CONTRACT AMOUNT $2,043,029.90 TOTAL PREVIOUS CONTRACT AMENDMENT ADDITI O N S $ 82.087.25 SUBTOTAL $2,125,117.15 TOTAL PREVIOUS CONTRACT AMENDMENT DEDUCT I O N S $ 39,840.00 SUBTOTAL $2,085,277.15 TOTAL ADDITIONS CONTRACT AMENDMENT NO. 2 $ 9,100.50 CONTRACT AMOUNT TO DATE $2,094,377.65 Page 1 of 2 CONTRACTOR Shafer Contracting Co, Inc. Title Siam Date r/4-7p- 7 ENGINEER Bennett-Ringrose-Wolsfeld-Jarvis-Gardner, I n c . Title Piv7tei,18n12..1 Date 8/3 ig 7 Date CITY OF EDEN PRAIRIE City Engineer __ Page 2 of 2 State Project 2750-29 (169=5) etc. State Project 2763-28 State Project 7008-32, 33 Fed. Project CJF-Junk (5) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 87-239 RESOLUTION APPROVING PLANS, SPECIAL PROVISIONS AND SPECIFICATIONS TH 169 IMPROVEMENT (South of Shady Oak Road) COUNTRYSIDE AUTO PARTS LANDSCAPE SCREENING WHEREAS, the Commissioner of Transportation for the State of Minnesota has prepared plans, special provisions, and specifications for the improvement of TH 5, renumbered as TH 169, within the corporate limits of the City of Eden Prairie, south of Shady Oak Road; and seeks the approval thereof; NOW, THEREFORE, BE IT RESOLVED 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 and consent is hereby given to any and all changes in grade occasioned by said construction. BE IT FURTHER RESOLVED that 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 August 18, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 2 la CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 87-240 RESOLUTION AUTHORIZING PERMIT APPLICATION FOR THE RIDGE 3RD ADDITION WHEREAS, the proposed sanitary sewer to be constructed in The Ridge 3 r d Addition requires a connection to the Metropolitan Waste Control Comm i s s i o n (MWCC) interceptor system; and WHEREAS, the proposed connection conforms to the Eden Prairie Compreh e n s i v e Sewer Plan. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as fo l l o w s : The City Engineer is hereby authorized and directed to submit an application for "Permit for Connection to or Use of Commission Facilities" to the Metropolitan Waste Control Commission. ADOPTED by the Eden Prairie City Council on August 18, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk curt OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-229 A RESOLUTION /WENDING 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 CSM Corporation for development of Fountain Place for High Density Residential use requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eden Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: approximately 12.5 acres located west of Highway #169, north of Columbine Road be modified from Regional Commercial and Public Open Space to High Density Residential. ADOPTED by the City Council of Eden Prairie this 18th day of August, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-230 A RESOLUTION APPROVING THE DEVELOPMENT OF PLANNED UNIT DEVELOPMENT OF THE FOUNTAIN PLACE APARTMENTS FOR CS M CORPORATION WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on the Fountain Place PUD Development by CSM Corporation and considered their request for approval for development (and variances) and recommended approval of the requests to the City Council; and, WHEREAS, the City Council did consider the request on August 18, 1987; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. Fountain Place by CI Corporation, being in Hennepin County, Minnesota, is legally described as outlined in Exhibit A, attached hereto and made a part hereof. 2. That the City Council does grant PUD Development approval as outlined in the plans, as revised, dated August 12, 1987. 3. That the PUD Development meet the recommendations of the Planning Commission dated July 27, 1987. July, 1987. ADOPTED by the City Council of Eden Prairie this 18th day of Gary 0.-P-eferson, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-231 RESOLUTION APPROVING THE PRELIMINARY PLAT OF FOUNTAIN PLACE FOR CI CORPORATION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Fountain Place for GSM Corporation, dated August 12, 1987, consisting of approximately 52 acres into 4 lots, 1 outlot, and road right-of- way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 18th day of August, 1987. Gary D l)et arson, Wayor ATTEST: )hn D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-232 A RESOLUTION FINDING THE AMENDED ENVIRONMENTAL ASSESSMENT WORKSHEET FOR FOUNTAIN PLACE, A PRIVATE ACTION, DOES NOT REQUIRE AN ENVIRONMENTAL IMPACT STATEMENT WHEREAS, the City Council of Eden Prairie did hold a hearing on August 18, 1987, to consider the Fountain Place proposal of CSM Corporation; and, WHEREAS, said development is located on approximately 52 acres of land located west of Highway #169, north of Columbine Road, Eden Prairie; and, WHEREAS, the Eden Prairie Planning Commission did hold a public hearing on the Fountain Place proposal of CSM Corporation and did recommend approval of the Environmental Assessment Worksheet finding the project of no significant impact; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, that an Environmental Impact Statement is not necessary for the Fountain Place proposal of CSM Corporation, because the project is not a major action, does not have significant environmental effects, and is not of more than local significance. BE IT FURTHER RESOLVED, that a Negative Declaration Notice shall be officially filed with the Minnesota Environmental Quality Council. ADOPTED this 18th day of August, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 17 7 MEMO TO: FROM: THROUGH: DATE: SUBJECT: Mayor and City Council Chris Enger, Director of Planning Michael D. Franzen, Senior Planner Carl Jullie, City Manager August 12, 1987 FOUNTAIN PLACE APARTMENTS The Planning Commission recommended approval o f t h e F o u n t a i n P l a c e p r o j e c t subject to a number of plan revisions and submit t i n g a d d i t i o n a l i n f o r m a t i o n prior to review by the City Council. All o f t h e s e c o n d i t i o n s h a v e b e e n complied with except the recommendation by the P l a n n i n g C o m m i s s i o n t o i n c r e a s e the amount of brick on the buildings from 6 2 % t o 6 8 % a s a m i n i m u m . T h e attached letter from the developers' architec t s i n d i c a t e s t h a t t h e y w o u l d still like to pursue a variance under the PUD D i s t r i c t R e v i e w t o h a v e o n l y 6 2 % facebrick and glass on the buildings as compare d w i t h t h e 7 5 % b r i c k a n d g l a s s requirement by City Code. In addition, there are three plan revisions in w h i c h b u i l d i n g f o o t p r i n t s h a v e been relocated due to poor soil conditions a d j a c e n t t o t h e f l o o d p l a i n . Building 3 has been shifted approximately 60 fee t t o t h e s o u t h ; B u i l d i n g 2 h a s been moved approximately 25 feet farther west; a n d , B u i l d i n g 6 , t h e b u i l d i n g and parking areas have been flip-flopped so that t h e b u i l d i n g i s c l o s e r t o t h e roadway and the parking faces the floodplain. S t a f f h a s r e v i e w e d t h e s e p l a n changes and found them consistent with the City C o d e , h a s n o t c h a n g e d t h e s i t e plan appreciably, and represent improvements to t h e p r e v i o u s p l a n . Copies of a petition for the extension of Colu m b i n e R o a d f r o m t h i s s i t e t o Prairie Center Drive is attached. STAFF REPORT Planning Commission Michael D. Franzen, Senior Planner Donald R. Uram, Assistant Planner Chris Enger, Director of Planning July 24, 1987 Fountain Place Apartments West of Highway 169, north of Columbine Road CSM Corporation Lloyd Cherne 1. Comprehensive Guide Plan Amendment from Regional Commercial to High Density Residential on 6.86 acres, and from Public Open Space to High Density Residential on 4.5 acres. 2. Planned Unit Development Concept Review on approximately 52 acres. 3. Planned Unit Development District Review and Zoning District Change from Rural to RM-2.5 on 29.3 acres with variances. 4. Preliminary Plat of approximately 52 acres into 4 lots, 1 outlot, and road right-of-way. 5. Environmental Assessment Worksheet Review for construction of a 490-unit apartment project. PROPOSED SITE TO: FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT: FEE OWNER: REQUEST: Background This site is currently designated on the Eden Prairie Comprehensive Guide Plan for development as High Density Residential, Public Open Space, and Regional Commercial land uses. Adjacent properties are guided for Public Open Space to the north; High Density Residential and Office to the south; U.S. 169 to the east; and, Public Open Space and Medium Density Residential to the west. Specific land uses in this area include vacant property proposed for Fountain Place Apartments 2 July 24, 1987 the development of the Purgatory Creek Recreational Area to the north; U.S. 169 to the east; Purgatory Creek and vacant property to the west; and, the Eden Place Apartments, zoned RM-2.5 to the south. Comprehensive Guide Plan The proponent is requesting a Comprehensive Guide Plan Change from Public Open Space and Regional Commercial to High Density Residential to allow for the development of 490 apartment units. Based upon a total land area of 50.45 acres, approximately 29.3 acres will be guided High Density Residential while 21.1 acres will remain guided as Public Open Space. Mitigating measures to support a Comprehensive Guide Plan Change include the location of the project within the Major Center Area (MCA) where higher densities are expected; preservation of, and ultimate dedication of, 21.1 acres of floodplain for use within the Purgatory Creek Recreational Area; preservation of the site's natural resources including slopes and wooded areas; the proposed extension of roadways including Columbine Road; and, the connection to U.S. 169 to aid in traffic movement and accessibility throughout the entire Anderson Lakes Parkway/U.S. 169 area. Site Plan A total of 490 apartment units within 6 buildings are being proposed at a net density of 16.72 units per acre which is allowable within the High Density Residential land use classification and RM-2.5 zoning district. In addition, amenities proposed include a Community Center, outdoor pool, and a tennis court located adjacent to the floodplain. These buildings, including underground parking, range in size from 79,616 square feet for Building 1 to approximately 193,860 square feet for Building 2. The plans depict 507 on-grade parking stalls with a total of 998 parking stalls being provided. City Code would require a total of 980 parking stalls based upon two parking stalls per unit. All building and parking areas meet or exceed the minimum requirements of the RM-2.5 zoning district. As the plans depict, there are two phases of development for this project. Phase I would include Buildings 1-4 which would result in a total of 332 units with the remaining units constructed at some later date. Because of the location adjacent to the floodplain and future location of the Purgatory Creek Recreational Area, the site plan was designed to minimize the impacts of the large buildings on the proposed uses in this area. This was accomplished through the orientation of Buildings 3 and 4 with the sides of the building facing the floodplain with a floodplain storage area located between the two parking areas. In addition, Buildings 5 and 6 were oriented in such a manner to take advantage of the views of the floodplain while also being setback from the 100- year flood elevation approximately 140 feet for Building 5. The buildings, because of the slope on the site, have been recessed into the slope approximately 30 feet below Columbine Road which also serves in reducing building mass. Access to this parcel is provided by the Columbine Road extension and a temporary access onto U.S. 169. The temporary access is located at the site of the future full movement intersection and currently consists of right turns in only for safety reasons. A temporary access permit will be required from the State of Minnesota. Plans also depict the extension of a roadway to the west which services the Carmody property and ultimately connecting to Magnolia Trail. The proponent shall submit a preliminary sketch drawing depicting this road connection prior to City Council review. Fountain Place Apartments 3 July 24, 1987 Preliminary Plat The preliminary plat depicts a total of 4 lots and 1 outlot. This lot configuration allows for the development of the buildings in conjunction with the proposed phasing plan. Outlot A, located along the northern property line and containing approximately 21.14 acres, shall be dedicated to the City. Lot 1, Block 1, is proposed to remain as open space by the CSM Corporation. As part of the platting process, the proponent is dedicating a 70-foot right-of-way for Columbine Road, a 50-foot right-of-way for a road connection to the west, and a 100-foot right-of-way for the construction of a full intersection with U.S. 169-212. Shoreland/Floodplain Due to the project's location within 1,000 feet of Purgatory Creek, it has been classified as shoreland and subject to the following requirements: A. No structure shall be placed nearer than 50 feet from the right-of-way line of any town road, public street, or other road, street, or highway, which is not classified. B. All structures, except non-residential agricultural structures, shall not exceed 30 feet in height. C. The total area of all impervious surfaces on a lot shall not exceed 30% of the total lot area. D. Structures shall be placed at an elevation two feet above the 100-year frequency flood level. In response to this, the proponent has met all of the requirements of the Shoreland Ordinance with the exception of B and C. The proponent shall submit an application and receive a variance from the Board of Appeals for variances to exceed maximum building height and impervious surface. The 100-year floodplain elevation in this location is at the 824 contour. As the plans depict, in order to accommodate Buildings 3, 4, 5, and 6, some fill is required within the floodplain. Based upon the Purgatory Creek Watershed District regulations, no more than 11.6% of the volume of the floodplain can be filled. Plans have been submitted for review and approval by the Watershed District. Traffic A traffic study was done by Benshoof & Associates, Inc., to study the impact of the development of this project on the adjacent roadways. Their conclusions are as follows: 1. The Anderson Lakes Parkway/U.S. 169 intersection will be operating at level of service F at mid-1989. 2. Columbine Road shall be extended to Prairie Center Drive with the development of this project. The reasons for this include: A. It would allow the occupancy of Fountain Place Apartments without Fountain Place Apartments 4 July 24, 1987 additional impact on U.S. 169/Anderson Lakes Parkway intersection. B. It improves the accessibility for Fountain Place and other area developments. C. It may allow for the improved operation of the U.S. 169/Anderson Lakes Parkway intersection by trip diversion. D. The extension of Columbine Road shall provide an alternative route during the U.S. 169 upgrading. 3. The temporary access proposed from Columbine Road to U.S. 169 can improve area accessibility for the Fountain Place Apartment project, the Eden Place Apartment project, and the existing commercial retail center on the corner of U.S. 169 and Anderson Lakes Parkway. 4. The permanent access which would be located in the same position as the temporary access shall be designed for safe and effective traffic operations. As part of this study, the 1989 traffic forecasts for U.S. 169 and Anderson Lakes Parkway indicates that the intersection will operate at level of service F for both the a.m. and p.m. peak hours without the Fountain Place proposal. In order to alleviate any additional traffic impacts, Columbine Road shall be extended to Prairie Center Drive with the development of this project. As a condition for approval, the proponent shall petition for the construction of Columbine Road to Prairie Center Drive prior to City Council review. Grading This site is bordered by the Purgatory Creek floodplain to the north and U.S. 169 to the south. High points on this site exist at the 876 contour elevation which is adjacent to the future U.S. 169-212 alignment and sloping in a northerly direction to the 824 contour elevation which is the 100-yeir floodplain elevation. As the plans depict, the majority of this site is being graded with the exception of Outlot A (floodplain) and a significant wooded area located within the center of the parcel. Cuts of up to 12 feet are expected adjacent to future U.S. 169-212 alignment with fill of approximately 34 feet occuring at the intersection of Columbine Road and the access to U.S. 169. Preliminary cut and fill calculations indicate that a total of approximately 50,000 to 75,000 cubic yards of quality granular fill may be required. Due to the number of surface parking stalls, a series of berms ranging in height to approximately 8 feet attempt to screen the proposed parking areas from Columbine Road. The grading plan is augmented by a landscape plan which specifically tries to screen parking areas, break up building mass, and provide a soft edge adjacent to the floodplain. Staff would recommend that the contours along the northern edge of the development be reshaped in order to provide more of a natural transition between the two land uses. Utilities Water, sanitary sewer, and storm sewer service, is available to this project site. Water service is provided by an extension of an eight-inch water main located within Fountain Place Apartments 5 July 24, 1987 Columbine Road and a 16-inch water main located along the northwest side of U.S. #169. Sanitary sewer service will be provided by connecting to an existing 78-inch sanitary sewer interceptor which is located to the west of the subject property within the Purgatory Creek Floodplain. Storm water run-off is proposed to be collected through a series of catch basins located within Columbine Road, the roadway extension to the west, and throughout the various parking areas. There are a total of eight outlets located within the site which would discharge all storm water run-off into the Purgatory Creek Floodplain. The outlets and catch basin system design shall be subject to review by the City Engineering Department and the Purgatory Creek Watershed District. Landscape Plan/Tree Replacement The landscape plan depicts a total of 2,427 caliper inches of plant material being located on-site. There is an approximate equal split between coniferous and decidous trees plus an additional unspecified amount of shrubs which will supplement the overall landscape plan. In reviewing the plan, Staff would recommend that those areas adjacent the Purgatory Creek floodplain, in addition to having the contours reshaped, be planted with additional lowland vegetation common to the Purgatory floodplain to provide more of a natural transition. Based upon the submitted tree inventory, there is a total of 1,126 caliper inches of trees located on this site. Approximately 96 caliper inches of significant trees are being removed along the southern boundary of the property. Because there are less than 100 caliper inches being removed, the proponent is required to replace the 96 inches which are included as part of the proposed landscape plan. Architecture Following is a breakdown of the proposed buildings on-site including size and number of units: Total Living Area 62,038 153,452 95,056 95,056 95,056 95,056 Number of Units Building 1 Building 2 • Building 3 Building 4 Building 5 Building 6 79,616 193,860 121,426 121,426 121,426 121,426 49 125 79 79 79 79 Total 759,180 595,714 490 Community Building (including pool) 15,745 Fountain Place Apartments 6 July 24, 1987 Within the complex, there are ten different unit types (5, one-bedroom and 5, two. bedroom units) ranging in size from a minimum square footage of 725 square feet to E maximum of 1,889 square feet. The majority of the units will be two-bedroon containing a total of 1,052 square feet. Building sizes range from a minimum of approximately 272 feet in length to a maximun of 570 feet in length. The buildings are all approximately 54 feet in height an range from 64 feet to 92 feet wide. A variance will be required for building height greater than 30 feet which can be granted through the PUD District Review. However, because the property is classified as shoreland, the variance for building height will be required from the Board of Appeals, as well. Proposed exterior building materials include facebrick, siding, and asphalt shingles. The proponent is proposing to construct these units with a maximum of 627 facebrick or better, and 38% wood siding. Section 11.03 K.4., states that "in ail districts except Rural, R1-44, R1-22, R1-13.5, R1-9.5, and RM-6.5, wood stucco, vinyl, metal, plastic, or a combination of all these materials shall not comprisE more than 25% of the buildings exterior finish." In order to be consistent witi - previously approved apartment complexes including Eden Place and Parkway, thE ' architectural elevations would have to be revised to include approximately 157' additional facebrick on each of the buildings. Pedestrian Systems As part of the overall pedestrian system in this area, a 5-foot concrete sidewalt and an 8-foot bituminous trail is proposed along Columbine Road. In addition, therE would be a 5-foot concrete sidewalk along the north side of the road extension tc the west which shall be continued to a connection along Magnolia Trail. There it also an appropriate trail connection from the sidewalk and trail along ColumbinE Road to U.S. 169. An internal pedestrian system consisting of 5-foot concrete sidewalks and 6-foot bituminous trails throughout the project are provided to service the communit2 center, pool area, tennis court, and for connections to each of the apartment buildings. There is also a proposed trail connection to the future City trai located within Outlot A. The proponent shall dedicate a 20-foot trail easement tc provide a connection from the road extension to the west to the public trai adjacent the Purgatory Creek flood plain. Signage and Lighting Although no specific signage details have been submitted, an entrance monument sigt including a fountain is located at the intersection of Columbine Road and the row extension to the west. In addition, because of the complexity of the apartmen' layout, directional signage is expected. Any signage proposed is expected to mee City code. The proponent is proposing parking lot and driveway lighting with 20-foot cut-of downcast luminars. Street lighting is also proposed at 30 feet in height and woul be installed by NSP. Environmental Assessment Worksheet The proponent has submitted an EAW required under Subdivision 19, A.(3), whic Fountain Place Apartments 7 July 24, 1987 states that there be a mandatory EM submitted for 150 more unattached, or 225 o r more attached, units in a second-class City. In reviewin g t h e E A W , S t a f f h a s n o additional comments to make with the exception of traffi c a n d t h e e f f e c t o n t h e proposed floodplain area which seem to have been resol v e d . A t t h i s p o i n t , n o comments have been received from the agencies involved in re v i e w i n g t h e E A W a l t h o u g h nothing specific is expected. STAFF RECOMMENDATIONS Staff would recommend approval of the Fountain Place Apart m e n t p r o j e c t b a s e d u p o n plans dated June 26, 1987, and subject to the Staff Report d a t e d J u l y 2 4 , 1 9 8 7 , a n d subject to the following conditions: 1. Prior to Council review, proponent shall: A. Revise the architectural plans to depict a total of 75% facebr i c k o r better on all buildings. B. Revise the grading plan to reflect a reshaping of the c o n t o u r s adjacent the floodplain to the north to provide more of a n a t u r a l transition between the differing land uses. C. Revise the landscape plan to reflect additional lowla n d t y p e vegetation common to the Purgatory Creek Area adjac e n t t h e floodplain to provide additional transition between the fl o o d p l a i n and the proposed apartment complex. D. Provide retaining wall details. Any wall exceeding 4 feet i n h e i g h t will require a building permit. E. Submit a petition for the extension of Columbine Road to P r a i r i e Center Drive. F. Submit a sketch drawing depicting the road connection to the w e s t . 2. Prior to Final Plat approval, proponent shall: A. Submit detailed storm water run-off and erosion control pl a n s f o r review by the Watershed District. B. Submit detailed storm water run-off, utility, and erosion c o n t r o l plans for review by the City Engineer. 3. Prior to Grading permit issuance, proponent shall: A. Notify the City and Watershed District at least 48 hours in a d v a n c e of grading. Stake all grading limits with a snow fence. An y t r e e s lost outside the limits shall be replaced on an area inch p e r a r e a inch basis. B. Stake the construction limits with erosion control fencing. 4. Prior to Building permit issuance, proponent shall: Fountain Place Apartments 8 July 24, 1987 A. Pay the appropriate Cash Park Fee. B. Submit building material samples and colors for review. 5. Apply for, and receive, variances from the Board of Appeals f o r c e r t a i n requirements as set forth in the Shoreland Ordinance. 6. Concurrent with Final Plat, proponent shall dedicate Outlot A t o t h e C i t y for conservation purposes. 7. Receive a negative declaration for the EAW from reviewing agencie s . MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commissio n THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services DATE: August 12, 1987 SUBJECT: Supplementary Staff Report to the July 24, 1987 P l a n n i n g S t a f f Report on Fountain Place Apartments The major parks, recreation and natural resources i s s u e s r e l a t i n g t o F o u n t a i n Place Apartments include: 1. Grading 2. Landscape Plan/Tree Replacement 3. Pedestrian Systems 4. Impact on the Purgatory Creek Recreation Area This development proposal will require massive gr a d i n g o n t h e s l o p e f r o m Highway 169 down to the Purgatory Creek floodplai n . T h e P l a n n i n g S t a f f R e p o r t describes the grading that will take place and th e f a c t t h a t 5 0 , 0 0 0 t o 7 5 , 0 0 0 cubic yards of fill may be required. The develope r i s f i l l i n g i n t h e 1 0 0 y e a r floodplain within City and Watershed District ord i n a n c e l i m i t s . The majority of the trees on the site are protect e d . " A p p r o x i m a t e l y 9 6 caliper inches of significant trees are being remo v e d a l o n g t h e s o u t h e r n boundary of the property." The Community Services Staff recommend that the p r o p o s e d 6 p r i v a t e w a l k w a y just east of building number 4, that extends from t h e p u b l i c s i d e w a l k a l o n g the street north to the Purgatory Creek Recreation A r e a p e r i m e t e r t r a i l , b e expanded to an 8' asphalt walkway and that the dev e l o p e r d e d i c a t e a 2 0 ' w i d e public walkway easement in this location to allow t h e p u b l i c a c c e s s f r o m t h e sidewalk along the interior street to the perimete r t r a i l a r o u n d t h e P u r g a t o r y Creek Recreation Area. It should be noted that the Purgatory Creek Recr e a t i o n A r e a p l a n d e p i c t s a parking lot for 100 cars and access to the Purga t o r y C r e e k R e c r e a t i o n A r e a immediately north of this site on the west side o f C o l u m b i n e R o a d . The Community Services Staff recommend approval o f F o u n t a i n P l a c e A p a r t m e n t s as per the July 24th Planning Staff Report with t h e a d d i t i o n o f t h e p u b l i c trail access as proposed in this memo. BL:md Planning Coamission Minutes -5- July 27, 1987 D. FOUNTAIN PLACE, by CSM Corporation. Request for Comprehensive Guide Plan Amendment from Regional Commercial to High Density Residential on 8 acres and from Public Open Space to High Density Residential on 4.5 acres, Planned Unit Development Concept Review on approximately 52 acres, Planned Unit Development District Review and Zoning District Change from Rural to RM-2.5 on 29.3 acres with variances, Preliminary Plat of approximately 52 acres into 4 lots, 1 outlot, and road right-of-way, and Environmental Assessment Worksheet Review for construction of a 490-unit apartment project. Location: West of Highway 1/169, north of Columbine Road. A public hearing. The developer described briefly the plans for the project including variances, a guide plan amendment from regional coamercial and open space to high density residential to allow for development of 490 apartment units. The ordinance calls for 75% brick. The design of these 4-story buildings is 62% brick. He stated they are asking for the variance because they have come up with such a good looking building and would not like to see it go to a 4-story all brick building. He asked the Planning Commission to consider this even though the ordinance calls for 75% brick. Hallett stated the ordinance is at 75% because of maintenance. Hallett commented that Staff tends to support apartments in the city. Approval has been give for 2,000 units in the last three years. Bye asked if the Commission wanted to send a directive to the City Council on the 75% brick issue. Hallett answered, yes. .Dodge again expressed concern about the maintenance of the building. Franzen said a traffic review was done and Columbine Road will be extended to Prairie Center Drive. ;TS Planning Coandssion Minutes -6- July 27, 1987 Fell asked about public safety. The fire marshal and the police have an interest in larger complexes in the parking lot l i g h t i n g , etc. Developer said they had consulted the fire marshal but not the police. Hallett thought it was a good idea to have the p o l i c e t a k e a look at more properties for safety issues and lighting. MOTION 1: Motion was made by Dodge, seconded by Bye, to close the p u b l i c hearing. Motion carried 5-0-0. MOTION 2: Motion was made by Dodge to recommend to the City Council a p p r o v a l of the request of CSM Corporation for Fountain Place for Comprehensive Guide Plan Amendment from Regional Commercia l t o H i g h Density Residential on eight acres and from Public Open Spa c e t o High Density Residential on 4.5 acres, based on plans date d J u n e 2 6 , 1987, subject to the recoamendations of the Staff Report d a t e d J u l y 24, 1987 and subject to a minimum of 6% increase in brick . M o t i o n seconded by Fell. Motion carried 5-0-0. MCTICN 3: Motion was made by Dodge, seconded by Bye, to recommend t o t h e C i t y Council approval of the request of CSM Corporation for F o u n t a i n Place for Planned Unit Development Concept of approximate l y 5 2 acres, based on plans dated June 26, 1987, subject to th e recommendation of the Staff Report dated July 24, 1987. Motion carried 5-0-0. MOTION 4: Motion was made by Dodge, seconded by Bye, to recommend t o t h e C i t y Council approval of the request of CSM Corporation for Fountain Place for Planned Unit Development District Review with v a r i a n c e s and Zoning District Change from rural to RN-2.5 on 29.3 a c r e s , b a s e d on plans dated June 26, 1987, subject to the recommendati o n s o f t h e Staff Report dated July 24, 1987. Motion carried 5-0-0. MOTION 5: Motion was made by Dodge, seconded by Bye, to recommend t o t h e C i t y Council approval of the request of CSM Corporation for Fo u n t a i n Place for Preliminary Plat of approximately 52 acres into f o u r l o t s , one outlot, and road right-of-way, based on plans dated Ju n e 2 6 , 1987, subject to the reconnendations of the Staff Report d a t e d J u l y 24, 1967. Motion carried 5-0-0. Planning Commission Minutes -7- July 27, 1987 MOTION 6: Motion was made by Dodge, seconded by Bye, to recamrend to the City Council a finding of no significant impact for CSM Corporation for Fountain Place, based on the Environmental Assessment Worksheet dated June 26, 1987. Motion carried 5-0-0. V. OLD BUSINESS None. VI. NEW BUSINESS Fell inquired as to how the city staff currently reviews parking ramps. He indicated that standards should be established. The city should also be looking at the long term maintenance of the parking ramps in the city. This is a most important issue. Bye moved to recommend this to the city. Ruebling seconded the motion. Motion carried 5-0-0. Hallett asked about the path around Smetana Lake. Bye moved to recommend to the Parks CnmmiRsion a walk Way around Smetana Lake with potential connection to other projects in the area. Ruebling seconded the motion. Motion carried 5-0-0. Dodge asked about guide plan changes and could a review of the guide plan change as it affects the comprehensive guide plan balance be included as a standard item in the Staff Report. VII. PLANNTR'S REPORT None. VIII. ADJOURNMENT Motion to adjourn was made by Bye, seconded by Fell. Meeting adjourned at 11:15 p.m. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-233 A RESOLUTION APPROVING THE DATASERV PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT TO THE OVERALL DATASERV 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 Dataserv development is considered a proper amendment to the overall Dataserv Planned Unit Development Concept; and, WHEREAS, the City Planning Comnission did conduct a public hearing on the request of Opus Corporation for PUD Concept Amendment approval to the overall Dataserv Planned Unit Development Concept for the Dataserv development and recommended approval of the PUD Concept Amendment to the City Council; and, WHEREAS, the City Council did consider the request on August 18, 1987; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The Dataserv development PUD Concept Amendment, being in Hennepin County, Minnesota, and legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept Amendment approval to the overall Dataserv Planned Unit Development Concept as outlined in the appl icat ion materials for Dataserv. 3. That the PUD Concept Amendment meets the recormiendations of the Planning Commission dated July 27, 1987. ADOPTED by the City Council of Eden Prairie this 18th day of August, 1987. Gary D. Peterson, Mayor ATTEST: John 0. Frane, City Clerk ;,77 ta -or.;n T777-j AREA LOCATION MAP ,» STAFF REPORT Planning Commi ssi on Scott A. Kipp, Assistant Planner Chris Enger, Director of Planning July 24, 1987 Parking Lot Expansion for Dataserv East of the intersection of Technology Drive and Prairie Cent e r Drive Opus Corporation 1. Planned Unit Development Concept Amendment on 17.4 acres. 2. Zoning District Change from Rural to 1-2 on 1.5 acres for construction of a 161-space temporary parking lot at the existing Dataserv Headquarters. TO: FROM: THROUGH: DATE: PROJECT: LOCATION: AP PL IC ANT/ FEE OWNER: REQUEST: Background This property is part of an overall 17.4-acre Planned Unit Development (PUD) known as the Prairie Center Business Park approved by the City Council in March of 1984. This PUD was amended in October of 1985 by the Dataserv Corporation from a 3- building, to a 1-building con- figuration. Phase I was constructed in early 1986 consistent with City Ordinances, including enough parking to meet the 50% office use maximum allowed in the 1-2 zoning district. Future Phase II construction is proposed to be an expansion of the Phase I building. Site Plan Because of the acquisition of Dataserv by U.S. South, and recent relocations of employees, the parking demand is more than our current parking Code would require. Current City Code requires parking Dataserv Parking Lot Expansion 2 July 24, 1987 to be based on building use and square footage rather than by the number of employees. The existing parking lot provides enough parking based on the square footage of office, assembly, and warehousing existing in the building. Since there is no remaining area on the existing site for additional parking, the proponent is requesting that a portion of Lot 2 be rezoned to 1-2 Park to accommodate a temporary 161-space parking lot. This lot is designed to be Incorporated into the future Phase II site plan. Because the existing site meets City Code with regard to the number of parking spaces, a variance for this proposed off-site parking will not be required. As part of the temporary parking lot expansion, the following conditions should apply: 1. The temporary lot will be used for parking of vehicles only, and will not be used to accommodate parking for additional office use for Phase I above the 50% allowed by Code in the 1-2 district. 2. The zoning district change is for additional parking needs and will not be for the construction of any structures on the land area to be rezoned to I- 2. Grading and Landscaping Due to the immediate urgency for additional parking, the proponent has applied for a grading permit and has commenced with construction of the parking lot at this time. Site grading is being limited to the parking lot and screening berm areas only, with tree loss confined to some smaller secondary trees which do not require replacement per the tree replacement policy. The grading will provide for sheet drainage to a collector area and catch basin which will drain via a storm sewer to Prairie Center Drive. No concrete curb and gutter has been proposed for the parking lot. The Engineering Department has reviewed the grading and drainage plans and has indicated their approval. City Code requires that this parking lot be hard surfaced. Screening of the parking will be accomplished with the extension of a temporary screening berm consistent with Phase I. Since the parking lot is temporary in nature, no provisions for plantings have been proposed, but will be part of the Phase II building construction. Since a time frame for the construction of Phase II has not been identified at this time, Staff is concerned about the 'temporary" parking becoming permanent, and, therfore, a planting plan should be required and implemented if the proponent does not proceed to Phase II within a reasonable time period. Staff would suggest that in the event that Phase II construction does not comence before July, 1989, the planting plan should be implemented. Bonding for the landscaping should be required at this time. In any event, the berm must be seeded as part of the site restoration process. STAFF RECOMENDATIONS Staff would recommend approval of the request for Planned Unit Development Concept Amendment on 17.4 acres, and Zoning District Change from Rural to 1-2 on 1.5 acres, based on plans dated June 10, 1987, and the Staff Report dated July 24, 1987, and subject to the following: Dataserv Parking Lot Expansion 3 July 24, 1987 ( 1. Prior to Council review, proponent shall: A. Submit a planting plan for the screening berm consistent with Phase I which will be implemented if Phase II construction does not comence by July, 1989. 2. Prior to 2nd Reading by the City Council, the proponent shall: A. Submit a landscape performance bond to assure compliance with the landscaping time frame. 3. The temporary lot will be used for parking of vehicles only, and will not be used to accommodate parking for additional office use for Phase I above the 50% allowed by Code in the 1-2 district, or the construction of any additional building on the land area proposed for rezoning. 4. The parking lot will be hard surfaced, and all disturbed areas seeded. Planning Commission Minutes -4- July 27, 1987 C. LATASERV, by Opus Corporation. Request for Planned Unit Development Concept Amendment on 17.4 acres, Zoning District Change from Rural to 1-2 on approximately 1.5 acres for the construction of an additional parking area for the existing Dataserv Headquarters. Location: East of the intersection o f Technology Drive and Prairie Center Drive. A public hearing . John McKenzie of Dataserv explained that due to recent reloc a t i o n o f employees, the present parking facilities are not adequate. T h e proposal is for a temporary parking lot which will eventuall y l e a d to permanent parking as part of Phase II development. Fell asked what our ordinance is for parking. Franzen stated it is based on square footage rather than the number of people. Five space s a r e needed per 1,000 sq.ft. Franzen recommended approval of acco r d i n g to the staff recommendations. MOTICT4 1: Motion was made by Bye, seconded by Ruebling, to close the p u b l i c hearing. Motion carried 5-0-0. MOTION 2: Motion was made by Bye, seconded by Dodge, to recommend to t h e C i t y Council approval of the request of Opus Corporation for Pla n n e d U n i t Development Concept Amendment on 17.4 acres for the Dataser v Headquarters, based on plans dated June 23, 1987, subject t o t h e recommendations of the Staff Report dated July 24, 1987. Motion carried 5-0-0. Planning Commission Minutes -5- July 27, 1987 MCTION 3: Motion was made by aye, seconded by Dodge, to recommend to the City Council approval of the request of Opus Corporation for Zoning District Change from Rural to 1-2 on approximately 1.5 acres for construction of an additional parking area for DataServ Headquarters, based on plans dated June 23, 1987, subject to the recommendations of the Staff Report dated July 24, 1987. Motion carried 5-0-0. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-234 A RESOLUTION APPROVING THE SOUTHWEST CROSSING II PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT TO THE OVERALL SOUTHWEST CROSSING 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 Southwest Crossing II development is considered a proper amendment to the overall Southwest Crossing Planned Unit Development Concept; and, WHEREAS, the City Planning Commission did conduct a public hearing on the request of Vantage Companies for PUD Concept Amendment approval to the overall Southwest Crossing Planned Unit Development Concept for the Southwest Crossing II development and recommended approval of the PUD Concept Amendment to the City Council; and, WHEREAS, the City Council did consider the request on August 18, 1987; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The Southwest Crossing II development PUD Concept Amendment, being in Hennepin County, Minnesota, and legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept Amendment approval to the overall Southwest Crossing Planned Unit Development Concept as outlined in the application materials for Southwest Crossing II. 3. That the RUD Concept Amendment meets the recommendations of the Planning Commission dated August 10, 1987. ADOPTED by the City Council of Eden Prairie this 18th day of August, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, CitY Clerk MEMO TO: FROM: THROUGH: DATE: SUBJECT: City Council Chris Enger, Director of Planning Michael D. Franzen, Senior Planner Carl Jullie, City Manager August 12, 1987 SOUTHWEST CROSSING The Planning Commission reviewed the Southwest Crossing revisions in the master plan, and request for rezoning for Phase II at three different meetings. The August 7, 1987, Staff Report to the Planning Commission had indicated initially that the developer had not fully mitigated the imoacts of density transfer onto Phase II because the parking areas could not be screened according to City Code. At the August 10, 1987, Planning Commission meeting, the developer had submitted revised plans which indicated that the parking areas would be screened from 1-494. The changes in the plan would include raising the deck approximately three feet to an elevation of 873, increasing the height of the screening wall 11/2 feet to an elevation of 878, along the Viking Drive, additional and larger conifers within the front yard setback, and larger shade trees within the setback. With revisions in the plans to screen the park in areas, the Planning Commission made a motion to recommend approval of the request for PUD revisions and rezoning for Phase II subject to the recommendations contained in the Staff Report dated July 24, 1987. The Commission also recommended that the items as listed in the Staff Report referring to restrictive covenants on individual parcels for shoreland setback, impervious surface, Floor Area Ratio (FAR), and conservancy, would be changed to having these same restrictions included in the amendment to the master developer's agreement as long as the agreement is recorded at Hennepin County. The Commission also recommended that, since the screening of the parking areas from 1-494 was not to City Code for Phase III, Phase III site plan approval would require that any future rezoning requests on this parcel would have to demonstrate screening of the parking areas from 1-494, by one or more of the following: including raising the level of the deck, increasing the height of the screening wall along Viking Drive, and additional and larger plant materials within the front yard setback. The traffic study, prepared by BRW for Vantage, indicates that the intersection of Prairie Center Drive and Viking Drive will need to be signalized with Phase II Southwest Crossing. According to BRW, in 1995 (full development) the Prairie Center Drive/Viking Drive intersection will operate at capacity (level of service F). No determination has been made as to whether Vantage should participate in the signal improvement; however, the City commissioned a traffic study of the M.C.A. and should be done first draft within 30-60 days. The City should then be in a position to decide how M.C.A. traffic improvements will be paid for. E.PROPOSED SITE STAFF REPORT Planning Commission Michael D. Franzen, Senior Planner Chris Enger, Director of Planning August 7, 1987 Southwest Crossing II North of Viking Drive, south of Smetana Lake Vantage Companies 1. A Planned Unit Development (PUD) Concept Amendment on 109.68 acres for 1.6 million square feet of building area. 2. Planned Unit Development (PUD) District Review on 109.68 acres, with variances for building height. 3. Zoning District Change from Commercial Regional to Office on 5.13 acres for the construction of a 247,000 square foot office building. 4. Board of Appeals variance request for shoreland setback, building height, impervious surface, and impervious surface below the High Water Mark of Smetana Lake. TO: FROM: THROUGH: DATE: PROJECT: LOCATION: APPL IC ANT/ FEE OWNER: REQUEST: Background This is a continued item from the July 24, 1987, Planning Commission meeting. At that time, the Planning Commission has recommended that development plans be returned to the proponent for revisions in the plan to conform with Section 11.03 of the City Code requiring screening of parking and loading areas from I- 494, an evaluation of restrictive covenants for Shoreland setbacks, FAR, impervious surface, and con- servancy areas by the City Attorney's office, and to provide additional information on traffic regarding impacts of full develop- ment of Southwest Crossing on affective roads and intersections. AREA LOCATION MAP Southwest Crossing II 2 August 7, 1987 Density Transfer The Staff has met several times with the developer since the last Planning Commission meeting to discuss conformance to City Code and Planning Commission directives. A number of alternatives have been discussed; however, the proponents and Staff have concluded that there is not enough room on-site to cost effectively screen the parking areas according to City Code. This may suggest that too much density is being transferred to a site which cannot support it. In density transfer, the future development potential is transferred from one piece of property (sending site) to another piece of property (receiving site). Transferring development potential in this situation is an increase in square footage and parking for Southwest Crossing Phase II and Phase III. Once the density transfer has occured, typically, legal restrictions are placed on the sending site, which prohibit the future use of transfer development potential and permits the receiving sites to develop with additional square footage. In the 1987 PUD, sites 11, 12, 18, 3, & 5, are sending sites, and sites 8, 9, & 10, are receiving sites. The degree to which development rights can be transferred is dependent upon what is gained for the sending site (such as saving natural features) and if the receiving site can accomodate the additional square footage without creating significant impacts. In the 1987 PUP, density transfer works for the eastern end where square footage is transferred out of an environmentally sensitive area to preserve more of the natural character of the hills, trees, and creek. However, density is also being transferred from sites 3 & 5, which do not have natural features and are closer to 1-494 to the west of this project. On sites 3 & 5, 120,000 square feet of density Is proposed for transfer to Southwest Crossing Phase II and Phase III. The receiving sites have a threshold, or an amount of development, which can be accommodated without creating significant impacts. On the sites proposed for Southwest Crossing Phase II & Phase III, the fact that they are crowded is evidenced by the request for setback variance from 200 to 95 feet from Lake Smetana and a FAR of 1.05, which is 100% above the 0.5 allowed per City Code. The increased FAR, in addition to being above the Ordinance, and requiring height and setback variances does not leave enough room for screening of parking areas per City Code. Not transferring the density (120,000 square feet) from sites 3 & 5, would accomplish the following: 1. Reduced height for Phase III from 14 stories to 10 stories would reduce the visual impact on Lake Smetana. 2. Reduced building square footage from 362,000 to 242,000 square feet would reduce the amount of cars on-site by 400. 3. Reduced building square footage of 120,000 square feet (depending on how the building and parking deck were designed) could allow more setback area between the building and structures and Lake Smetana, thus reducing the visual impact. 4. The reduction in building square footage (depending on how the building parking deck were designed) could allow more setback area between parking decks and 1-494 which would allow parking to be screened per Ordinance. Southwest Crossing II 3 August 7, 1987 Restrictive Covenants As directed by the Planning Commission, the Staff has referred the matter of restrictive covenants for FAR, Shoreland setback, impervious surface, and conservancy area to the City Attorney's office. At this time, the City's Attorney has indicated that if the above restrictions are incorporated into the master development agreement for Southwest Crossing and is prepared in recordable form, it will accomplish the same objectives as restrictive covenants on each parcel. Traffic At the request of the Planning Commission, Staff consulted with BRW to obtain additional information with regards to the impact of Southwest Crossing at full development on adjacent roads and intersections. At this time, BRW has indicated to the Staff, that by l995, Vantage is expected to be at full development. With a 20% reduction in traffic for all sites in the MCA (including Southwest Crossing) the intersection at Viking Drive and Prairie Center Drive would operate at a level of service F with signalization. The intersection at Prairie Center Drive and Valley View Road would operate a level of service D with a signal. The intersection at West 78th Street and Prairie Center Drive would operate at level of service E with a signal. The MCA traffic update is not completed. Traffic forecasts and data have been analyzed to determine that the impacts on roads and intersections; however, the potential resolutions to improve the traffic and level of service have not been identified, but are expected to be completed within the next 30 to 60 day period. We cb know at this time that a signal is necessary at Viking Drive and Prairie Center Drive and it may be appropriate for the developer to participate with improvement costs. As this affects the Southwest Crossing proposal, the p.m. peak hour reduction of 20% must be met as a minimum and Commission may wish to recommend to the City Council that subsequent phases be monitored in regards to traffic and that improvements, as identified in the MCA traffic study, be implemented as warranted. In the event that traffic improvements can not be made to improve the level of service at this intersection to an acceptable level, Commission may choose recommend to the City Council, changes in land use policy with lower FAR's to reduce the p.m. peak hour traffic not only for Southwest Crossing, but for all sites within the MCA. STAFF RECOMMENDATIONS The density proposed for Southwest Crossing II & III is above Code, and there is not enough room on-site to screen the parking areas per Ordinance. This may suggest that too much of the density is being transferred to the sites proposed for Southwest Crossing Phase II & Phase III. There are two alternative ways of addressing the density transfer issue: 1. The Planning Commission could recommend approval of Phase II rezoning, and concept approval of Phase III subject to a reduction in height from 14-10 stories and a reductionin building square footage from 362,000 to 242,000 subject to the recommendations of the Staff Reports dated August 7, 1987, and July 24, 1987. Southwest Crossing II 4 August 7, 1987 2. The Planning Commission could recommend that the plans be returned to the proponents for revisions which would include a revised site plan for Phase II & III with an overall 120,000 square foot reduction in building square footage. STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, Senior Planner 1'HAT5UGH: Chris Enger, Director of Planning DATE: July 24, 1987 PROJECT: 1987 Southwest Crossing Master Plan Revisions LOCATION: North of Viking Drive, south of Smetana Lake APPLICANT FEE OWNER: Vantage Companies REQUEST: 1. Planned Unit Development Concept Amendment on 109 . 6 8 a c r e s for 1.626 million square feet of building area. 2. Planned Unit Development District Review on 10 9 . 6 8 a c r e s with variances for building height and Floor Area R a t i o . 3. Zoning District Change from Commercial Regional to O f f i c e o n 5.13 acres for the construction of a 247,000 s q u a r e f o o t office building. 4. Board of Appeals variance requests for Shorelan d s e t b a c k , building height, impervious surface, and impervi o u s s u r f a c e setback to the High Water Mark of Smetana Lake. Background Because of the magnitude of the project and complexity of issues, the Staff Report will be divided into the following sections: Southwest Crossing Revisions 2 July 24, 1987 I. Summary Statements. II. Overall Planned Unit Development review - 109 acres III. Rezoning review Southwest Crossing Phase II 10-story, 247,000 square foot office building IV. Planned Unit Development Concept site plan review Southwest C r o s s i n g P h a s e I I I - 14-story, 362,000 square foot office building V. Policy issues including height, density transfer, shorelan d s e t b a c k s , F A R , traffic, impervious surface, and impervious surface setback VI. Staff Recommendations I. SUMMARY STATEMENTS 1. The total building square footage for the 1987 PUD is the s a m e a s t h e 1 9 8 5 PUD - 1.626 million square feet. 2. The 1987 PUD has a different mixture of land uses at 7 8 % o f f i c e , 1 6 % commercial, and 6% industrial. The 1985 PUD was 84% office, 1 1 % c o m m e r c i a l , and 5% industrial. 3. Total p.m. peak hour traffic of 2,900 trips (with a 20% r e d u c t i o n ) i s 3 2 trips higher than the 1985 master plan and the BRW traffic s t u d y ; h o w e v e r , the master plan can be revised to either include a different m i x t u r e o f l a n d uses or reduction of building square footage to reduce tr a f f i c b y 3 2 p . m . trips. 4. Traffic improvements required with this project would be t h e s i g n a l i z a t i o n of the intersection at Prairie Center Drive and Viking Drive . 5. A variance for height (from 30 to 153 feet) and Floor Area Ra t i o ( f r o m 0 . 3 0 % to 1.05) is requested. A potential mitigating measure may b e r e s t r i c t i v e covenants placed on the balance of undeveloped land within th e P U D t o a s s u r e compliance with the density transfer as proposed in the maste r p l a n i n w h i c h specific FAR's are designated for specific sites in order t o p r e s e r v e m o r e of the environmentally sensitive east end along the creek and t h e o a k t r e e s . (The height variance can be granted by the Planning Commi s s i o n a n d C i t y Council; however, since the land is also classified as shorel a n d , t h e B o a r d of Appeals must also grant the variance). 6. A variance for shoreland setback, potential mitigating measure may be building setback of 205 feet and granted to the City which restricts proposed conservancy areas depicted 1987 Master Plan. In addition, at from 200 to 95 feet, is requested. A consideration for the proposed average if perpetual conservancy easements are any development from occuring on the as Outlots B through H on the proposed least one more acre of land should be Southwest Crossing Revisions 3 July 24, 1987 added to the proposed conservancy (as a minimum) to be consisten t w i t h t h e conservancy area proposed in the 1985 PUD. (Although the shorelan d v a r i a n c e technically can only be granted by the Board of Appeals, Commissio n m a y w i s h to indicate to the Board, comments on the request since it has an i m p a c t o n the total PUD). 7. An impervious surface variance is requested from 30% to 74% for P h a s e I I . The overall proposed impervious surface is 0.28. The develop e r s h o u l d submit a plan depicting impervious surface coverage for ea c h site. Restrictive covenants should be placed on the balance of undevelop e d l a n d t o not exceed the 0.30 maximum allowed per Ordinance overall and i m p e r v i o u s surface proposed for each site. (Although the impervious surfac e v a r i a n c e technically can only be granted by the Board of Appeals, the Comm i s s i o n m a y wish to indicate to the Board, comments on the request since i t h a s a n impact on the total PUD). 8. An impervious surface setback variance to allow 700 square fee t o f h a r d surface area within 50 feet of the High Water Mark of Smetan a L a k e i s requested for Phase III. (This request should be acted on by th e B o a r d o f Appeals concurrent with a submission of a future rezoning request f o r P h a s e III). 9. Reduced building square footage (from 255,000 to 134,000) a n d s h o r t e r buildings (8 and 4-story, to 6 and 1-story) on sites 11, 12, a n d 1 8 t o allow for more of the natural character of the land, the creek cor r i d o r , a n d significant trees to be preserved than the 1985 plan. 10. Existing Sites 15, 16, and 17 have been combined, reducing the n u m b e r o f buildings from three to two and a reduction in building square fo o t a g e f r o m 140,000 to 137,000, which is helpful since these sites are heavil y f o r e s t e d with oak trees. Approval of the site plans and square footage s w o u l d b e subject to a review of a detailed tree inventory. 11. Reduced building square footage on existing sites 3 & 5 (120,000 s q u a r e feet) and existing sites 11, 12, & 18 (104,000 square feet) are a d d e d t o existing sites 8, 9, & 10 (385,000 square feet) to create 609,000 s q u a r e feet of building on new site 10 (Southwest II & III). The incr e a s e i n building square footage above the 1985 PUD from 385,000 square f e e t t o 609,000 square feet in the 1987 PUD is one reason for the varianc e r e q u e s t s for height, FAR, shoreland setback, and impervious surface. 12. Parking areas for Phase II and III require better screening from 1 - 4 9 4 . Options for better screening of the parking may include one or mor e o f t h e following: an architecturally integral screen wall, adding more unde r g r o u n d parking, adding coniferous trees for year round screening, less b u i l d i n g square footage, increased setback to parking to provide more a r e a f o r berming and plantings, and planting islands on the parking deck. 13. Screening of the parking deck for Phase III should be improved for a b e t t e r visual transition to Smetana Lake. Options may include one or mor e o f t h e following: less building square footage, which correspondingly de c r e a s e s the parking demand, lowering of the parking deck into the ground t o r e d u c e the amount of exposed parking deck visible, increased setback area b e t w e e n the parking deck and Smetana Lake, or additional plantings wit h i n t h e Southwest Crossing Revisions 4 July 24, 1987 setback area to soften the view. 14. For Phase II rezoning, the site plan meets the parking requirements, parking setbacks, and building setbacks, for office zoning. The building materials are in compliance with City Code. 15. An 8-foot wide bituminous trail exists between the proposed buildings and Smetana Lake and a sidewalk connection is proposed. The 8-foot trail should be extended to Golden Triangle Drive. 16. Sewer and water service is available and all storm water run-off will drain into the existing sedimentation ponds. 17. Sight vision distance problems may occur at the northwest driveway intersection with Viking Drive. The proponents should supply information necessary to evaluate sight vision distance and may be required to relocate the driveway if analysis would dictate. 18. An Indirect Source Permit is required by the Pollution Control Agency (PCA) for parking in excess of 1,000 vehicles. 19. No new EAW is required since the PUD is within the thresholds of a 1974 EAW as approved by the Environmental Quality Board. II. OVERALL PLANNED UNIT DEVELOPMENT REVIEW - 109 ACRES Background - Conditions of 1985 Approval The 1985 overall PUD, as approved by the City Council, included a base building square footage of 1.516 million square feet with consideration given up to a maximum of 1.626 million square feet with each parcel coming back for zoning approval having to meet specific performance criteria related to traffic including: 1. Traffic information which would indicate that actual traffic counts are less than anticipated by the current study. (May 1985 BRW Traffic Study) 2. Traffic management programs such as ride-sharing and staggered work shifts that would reduce the p.m. peak hour traffic. 3. Sensitive grading and minimal tree loss in wooded areas. 4. Higher intensity development which would not precipitate ordinary setback variances to building and parking. In addition, approval of the PUD was in concept only for office, commercial, and industrial land use types, and general location and variance requests for height, FAR, and building and parking setbacks would be reviewed in detail at the time of submission of individual site plans and rezoning requests. Southwest Crossing Revisions 5 July 24, 1987 In general, the intensity of land uses proposed i n t h e 1 9 8 5 P U D o n s p e c i f i c s i t e s made sense. The higher intensity land uses were p r o p o s e d o n t h e r e l a t i v e l y l e v e l previously graded open sites adjacent to 1-49 4 a n d H i g h w a y # 1 6 9 . T h e l o w e r intensity uses were proposed on the eastern portion o f t h e s i t e t o r e t a i n a s m u c h o f the natural characteristics as possible. COMPARISON OF 1985 AND 1987 PUD'S The following chart provides a line by line compar i s o n o f s t a t i s t i c a l d a t a b e t w e e n the 1985 and 1987 PUD. In general, the total buil d i n g s q u a r e f o o t a g e r e m a i n s t h e same, while the percentage mix of office, commercial , a n d i n d u s t r i a l v a r i e s s o m e w h a t with a slight increase in commercial developmen t a n d a c o r r e s p o n d i n g d e c r e a s e i n office development. Comparison of 1985 and 1987 Master Plan 1985 1987 Total square ft. Office square ft. Commercial square ft. Industrial square ft. Max. height proposed P.M. traffic Average Shoreland setback proposed Minimum Shoreland setback proposed Developed shoreline proposed Undeveloped shoreline proposed Acres of dedicated or conservancy proposed 1.626 million 1,362,736 (84%) 174,260 (11%) 89,364 (5%) 120 feet 2,868 250 feet 100 feet 700 feet 1,500 feet 18.31 1.626 million 1,262,240 (78%) 255,260 (16%) 108,500 (6%) 208 feet 2,900 205 feet 95 feet 700 feet 1,500 feet 17.38 Southwest Crossing Revisions 6 July 24, 1987 East PUD square ft. 484,364 380,364 West PUD square ft. 1,141,987 1,245,987 The eastern environmentally sensitive portion of the 1987 PUD benefits specifically on sites 11 and 12, in which the total building square footage is reduced from approximately 215,000 to 116,000 square feet, a decrease in height from 8 to 6 stories, and two buildings are combined into one building. On site 18, adjacent to Nine Mile Creek, the building is reduced in height from 4 to 1-story and from 50,000 to 18,000 square feet. These changes will allow for more of the natural character of the land, the creek corridor, and the significant trees to be preserved than under the 1985 PUD. In the 1987 PUD, existing sites 15, 16, and 17, are combined into two sites and the number of buildings are reduced from 3 to 2 and a reduction in square footage from 140,000 square feet to 137,000 square feet. This is helpful concern since these sites east of Golden Triangle Road are heavily wooded with mature red and white oak trees. Without the benefit of a detailed tree inventory, it is difficult to ascertain the extent of site impacts. However, approval of site plans and building square footages would be subject to a detailed tree inventory. On the western end of the 1987 PUD the buildings proposed farther away from Lake Smetana on sites 3 and 5 have been reduced in height (from 7 to 3 and 4-story) and in building square footage (325,000 to 205,000). Proposed site 10 (Southwest II & III) was originally proposed in the 1985 PUD (sites 8, 9, 10) for 3 buildings (5 & 6-story) and a total of 385,000 square feet. In the 1987 PUD, square footage (120,000) from sites 3 and 5, and square footage (104,000) from sites 11, 12, and 18, on the east end is added to proposed site 10 to create a 10 and 14-story building totalling 609,000 square feet. One benefit of taller buildings with smaller building footprints is that more open space can be retained and additional green space added than if shorter buildings with larger footprints were built. The disadvantage to taller, larger buildings would be the visual impact on Lake Smetana. III. REZONING REVIEW SOUTHWEST CROSSING PHASE II 10-STORY, 247,000 SQUARE FOOT OFFICE BUILDING Site Plan The site plan depicts the construction of a 10-story, 247,000 square foot office building at a site FAR of 1.05. The office zoning district would permit up to a 0.5 FAR for multi-story buildings. This will require a variance and will be addressed in more detail in the Policy Issues section. Parking required would be 988 spaces. 988 spaces are depicted on the site plan. Building and parking areas meet the minimum setback requirements for the office zoning district. Southwest Crossing Revisions 7 July 24, 1987 Two full intersection access points are proposed off Viking Dr i v e . T h e d e v e l o p e r should provide for City review, horizontal and vertical sight v i s i o n d i s t a n c e information in order to evaluate the appropriateness of the inter s e c t i o n l o c a t i o n s onto Viking Drive. It appears that the eastern-most driveway has g o o d v i s i b i l i t y i n both directions; however, the westerly driveway may have a problem w i t h s i g h t v i s i o n distance around the curve to the southeast and may have to be relo c a t e d . Grading This site has been previously graded with prior approvals; however, c u t i s n e c e s s a r y in order to accommodate parking below grade. There will be app r o x i m a t e l y 5 0 , 0 0 0 cubic yards of excess dirt. Architecture The proposed 10-story building will be 84% glass and spandrel gl a s s a n d 1 6 % s t o n e and/or pre-cast concrete panel which meets City Code for exteri o r m a t e r i a l s . T h e proposed parking ramp exterior materials will match the pre-cast c o l o r a n d t e x t u r e on the building. At this time, the proposed color for the pre-cast w o u l d b e s i m i l a r to the color on Southwest Crossing Phase I. Mechanical units for t h e b u i l d i n g w i l l be contained within the structure. Landscaping The amount of landscaping required per City Code is based upon a c a l i p e r i n c h requirement for the total building square footage, screening of par k i n g a n d l o a d i n g areas from public roads, and creation of a visual transition betwe e n t h e b u i l d i n g and parking structure and the edge of Smetana Lake. The plan me e t s t h e m i n i m u m caliper inch requirement based upon building square footage. Parkin g a r e a s w i l l b e visible from Highway 494 since the elevation of the roadway is appr o x i m a t e l y 8 f e e t higher than the top level of the parking deck. The size of the t o p l e v e l o f t h e parking deck would be 300 cars or about the same size of the Rainbo w F o o d s p a r k i n g lot. Because of the change in elevation, it is not possible to c o n s t r u c t a b e r m high enough to effectively screen parking. The proposed flower i n g c r a b t r e e s adjacent to Viking Drive provide partial screening during the su m m e r o n l y . O p t i o n s for better screening of the parking area may include one or more o f t h e f o l l o w i n g ; an architecturally integral screen wall, adding coniferous tre e s f o r y e a r - r o u n d screening, planting islands, adding more underground parking, les s b u i l d i n g s q u a r e footage, and increased setback to Viking Drive which can prov i d e m o r e r o o m f o r berming and planting. A better transition to Smetana Lake can be accomplished with a c o m b i n a t i o n o f lowland materials next to the lake, and hardwood materials adjacen t t o t h e b u i l d i n g . In addition, the Shoreland Ordinance would require that the p a r k i n g a r e a s b e screened from Smetana Lake. The landscape plan should be mo d i f i e d t o p r o v i d e additional plantings between the edge of the lake and the bui l d i n g a n d p a r k i n g structure. Utilities Sewer and water service are available to this site by connecti o n t o f a c i l i t i e s within Viking Drive. The storm water run-off is proposed to d r a i n i n t o t w o directions; towards Viking Drive and towards Smetana Lake. The st o r m w a t e r r u n - o f f proposed to drain towards Smetana Lake will flow in an easterly d i r e c t i o n i n t o t h e Southwest Crossing Revisions 8 July 24, 1987 sedimentation ponds directly east of Phase III. From that point, after the sediment has settled in the pond, cleaner water will be discharged into Smetana Lake. Trails and Park Dedication An existing 8-foot wide bituminous trail exists between the building and the lake. There is a connection from the plaza level of the building down to this trail. This trail should be extended to Golden Triangle Drive. There is no park dedication fee required for this project since land area was dedicated in lieu of cash as part of previous approvals for the site. IV PLANNED UNIT DEVELOPMENT CONCEPT REVIEW SOUTHWEST CROSSING PHASE III--14-STORY, 362,000 SQUARE FEET Vantage is requesting conceptual approval of the site plan, building height, and building square footage. Southwest Crossing Phase III will be a 14-story building and 362,000 square feet of building area. The building will look like Southwest Crossing Phase II except that it will be 4 stories taller. The issues with Southwest Crossing Phase III are the same as Phase II including variances for building height, FAR, shoreland setback and impervious surface, and visibility of the parking areas from 1-494. The building height, FAR, shoreland setback, and impervious surface, will be addressed in more detail in the Policy Issues section. The parking deck will be visible from 1-494 since 1-494 is at a higher elevation. When constructed, approximately 700 cars would be visible from 1-494 for Southwest Phase II & III combined. This will require that Vantage explore alternative screening solutions as identified for Phase II. One additional issue would be the visibility of the parking deck from Smetana Lake. Approximately 500 linear feet of two levels of parking deck will be visible from Smetana Lake. The amount of plant materials proposed is not adequate enough to reduce the visual impact. Options may include one or more of the following: lower the parking deck an additional level underground, reduce the total building square footage, thereby reducing the parking demand, additional plant materials between the structure and the lakes edge, or increasing the setback area between the parking deck and the lake which can provide more room for bermings and plantings. V. POLICY ISSUES Building Height The 1985 Staff Report for the Southwest Crossing Master Plan discussed the impacts of future height variances. The 1985 plan previously proposed a maximum building Southwest Crossing Revisions 9 July 24, 1987 height of 120 feet. Staff comments at that time relat i v e t o b u i l d i n g h e i g h t w e r e that the taller buildings for the most part were prop o s e d a l o n g 1 - 4 9 4 w h i c h m a d e sense considering the impact of 1-494 and the prominen c e o f t h e s i t e i n t h e M a j o r Center Area. In addition, the taller buildings were c o n s i s t e n t w i t h M a j o r C e n t e r Area policies. However, height variances would be ex a m i n e d o n t h e s i t e s p e c i f i c performance basis in relationship to the massivenes s o f t h e b u i l d i n g , t y p e o f materials, and extent of physical and visual imp a c t s o n e x i s t i n g n a t u r a l characteristics and the surrounding uses. The height o f t h e p r o p o s e d 1 0 - s t o r y building would be at an elevation of 1,000 feet a b o v e s e a l e v e l w h i c h i s approximately 20 feet higher than Southwest Crossing Pha s e I , a n d 3 2 f e e t l o w e r t h a n the Wilson Ridge building. Commission may wish to con s i d e r t h e b e n e f i t s o f s m a l l e r and shorter buildings elsewhere on-site especially i n t h e m o r e e n v i r o n m e n t a l l y sensitive east end as a potential mitigating measure. Density Transfer Part of the request by Vantage Corporation includes an a m e n d m e n t t o t h e 1 9 8 5 P U D t o permit a transfer of densities throughout the 109-a c r e p a r c e l . I n g e n e r a l , s o m e buildings get smaller and shorter on the eastern e n d o f t h e P U D w h i c h i s m o r e evironmentally sensitive, because of the trees, slopes , a n d p r o x i m i t y t o t h e c r e e k , while other buildings get taller and larger on othe r s i t e s w h i c h a r e r e l a t i v e l y level and closer to 1-494. Higher FAR's on the western p o r t i o n o f t h e s i t e m a y h a v e merit considering the impact of the major highway s a n d s i n c e t h e s i t e s h a v e previously been graded. The lower FAR's on the easter n p o r t i o n o f t h e p r o j e c t m a y make sense considering the amount of potential impa c t o n t r e e s a n d t h e r o l l i n g topography. The overall FAR on the project at 0.34 is l o w s i n c e t h e O r d i n a n c e w o u l d permit up to a 0.5 FAR for multi-story office build i n g s . T h e F A R o n t h e w e s t e r n portion of the project is 0.53 while the eastern por t i o n i s 0 . 1 5 . T h i s c o m p a r e s with 0.49 on the west and 0.19 on the east in the 1 9 8 5 p l a n . C o m m i s s i o n s h o u l d consider whether the benefits of transferring density t o s a v e m o r e o f t h e n a t u r a l features in one portion of the site are adequate enoug h t o o f f s e t t h e i m p a c t s o f a more intense development elsewhere on the property. I f d e n s i t y t r a n s f e r i s t o b e considered, it should be required that the FAR's as p r o p o s e d a r e r e c o r d e d a s a restrictive covenant that runs in perpetuity with th e l a n d . T h i s i s n e c e s s a r y i n the event that the land is sold to a different part y s o t h a t t h e y h a v e a c l e a r understanding as to what the potential development limi t a t i o n s a r e . I n a d d i t i o n , i f land area to be set aside as a conservancy as depicted o n t h e p r o p o s e d p l a n i s t o b e considered as a mitigating measure as well, then the t o t a l a c r e a g e s h o u l d b e a t least what was proposed in the 1985 plan. This me a n s t h a t a p p r o x i m a t e l y 1 additional acre should be added to the proposed co n s e r v a n c y . A l l l a n d i n t h e proposed conservancy should be put into a perpetual ea s e m e n t t o t h e C i t y a n d f i l e d and recorded at Hennepin County. Shoreland Setbacks Smetana Lake and Nine Mile Creek are classified as Natu r a l E n v i r o n m e n t a l W a t e r s a n d therefore a 200-foot setback between structures and the H i g h W a t e r l e v e l o f t h e l a k e and creek are required. The proponents are reques t i n g a v a r i a n c e f r o m t h i s requirement to 95 feet. The Commission must consider th e i m p a c t s o f t h e 1 0 a n d 1 4 - story buildings and adjoining parking structures on the v i s u a l a n d p h y s i c a l i m p a c t s of being closer to Lake Smetana than the Ordinance would a l l o w . T h e a v e r a g e s e t b a c k between building and the High Water Mark is 205 feet t h r o u g h o u t t h e P U D . S o m e buildings are located approximately 400 feet back wh i l e o t h e r b u i l d i n g s ( P h a s e I I and III) are located at 95 feet back. This compares w i t h a n a v e r a g e s e t b a c k o f 2 5 0 Southwest Crossing Revisions 10 July 24, 1987 feet for the 1985 PUD. The setback is greater due to more buildings in the 1 9 8 5 plan. The average setback of 200 feet may be a potential mitigating factor i f i t would allow more of the existing natural site character to be retained than if t h e shoreland setback was adhered to for all structures. Floor Area Ratio Above City Code The office zoning district currently permits an FAR of 0.5 for multipl e - s t o r y buildings. With Phase II, Vantage is requesting an FAR of 1.05. Althou g h t h e overall FAR for the 109-acre PUD is 0.34, the Commission must consider if t h e impacts of a higher FAR on this site are offset by the benefits of lower inten s i t y uses proposed on the eastern end of the project where the natural environ m e n t a l characteristics are more sensitive. Traffic Impacts and Road Improvements Necessitated by Increase in Traffic The 1985 BRW Traffic Study estimated a p.m. peak hour trip generation with a 2 0 % reduction for the overall 1985 PUD of 2,868 p.m. peak hour trips. The 1987 r e v i s e d PUD will generate 2,900 p.m. peak hour trips. The additional 32 trips c a n b e attributed to an increase in restaurant square footage which has a very hig h t r i p generation rate in the p.m. peak hour as compared with office uses. Vantage s h o u l d revise the master plan to meet the p.m. peak hour maximum of 2,868 trip s . I n addition to the trip reduction, it is important to ascertain the extent of tr a f f i c improvements that would be warranted by the construction of Phase II. At this t i m e , the City's traffic consultant has indicated that as a result of increased tr a f f i c from Southwest Crossing Phase II that the intersection at Viking Drive and Pr a i r i e Center Drive should be signalized (see attached memo). Impervious Surface The current City Code permits a maximum impervious surface area of 30%. The ove r a l l impervious surface ratio for the entire 109-acre PhD is 0.28. The proponents a r e requesting a 74% impervious surface coverage for Southwest Crossing Phase II. T h e developer should submit a plan depicting impervious surface coverage for e a c h proposed site and required by restrictive covenant to limit impervious surfac e a s proposed with an overall impervious surface not to exceed the 0.30 maximum allo w e d per Code. Imperv ,ous Surface Within 50 Feet of the High Water Mark of Lake Smetana The Shoreland Ordinance currently requires that no impervious surface area c a n b e located closer than 50 feet of the High Water Mark of the lake. A portion o f t h e service drive to Phase III Southwest Crossing encroaches into this area and is a b o u t 700 square feet in total area. The amount of square footage encroachment ov e r t h e entire length of the Shoreland is minimal and may be mitigated throu g h a n appropriate amount of plant materials to screen the views from the lake. An o t h e r option would be to revise the site plan to comply with the Ordinance. Acti o n o n this request should be considered when the proponents submit a detailed reque s t f o r rezoning. This request must be reviewed and approved by the Board of Appeals. Southwest Crossing Revisions 11 July 24, 1987 VI. STAFF RECOMMENDATIONS There are a number of major policy issues which are presented f o r c o n s i d e r a t i o n b y the Planning Commission; Parks, Recreation, and Natural Resourc e s C o m m i s s i o n ; B o a r d of Appeals; and, the City Council, including traffic, den s i t y t r a n s f e r , a n d variances for building height, shoreland setbacks, and imperv i o u s s u r f a c e . I f t h e Planning Commission is comfortable with the land use types and g e n e r a l l o c a t i o n s a s proposed and mitigating measures proposed to help offset t h e i m p a c t s o f t h e variances requested, then one option would be to recommend app r o v a l o f t h e r e q u e s t for Planned Unit Development Concept Amendment on 109 acres for o f f i c e , c o m m e r c i a l , and industrial uses, for conceptual approval of land use types a n d g e n e r a l l o c a t i o n , approval of the Rezoning from Commercial Regional to Office, a p p r o v a l o f t h e P U D District Review with variances for height and FAR, based on p l a n s d a t e d J u n e 5 , 1987, subject to the recommendations of the Staff Report dated J u l y 2 4 , 1 9 8 7 , a n d subject to the following recommendations: 1. Approval of the variances for height and FAR are granted f o r P h a s e I I , Southwest Crossing only under the PUD District Review. Rec e i v e B o a r d o f Appeals approval for building height, shoreland setbacks, an d i m p e r v i o u s surface. 2. The average setback between structures and the High Water Mar k o f S m e t a n a Lake and Nine Mile Creek should be a minimum of 200 feet fo r a l l f u t u r e building structures and consistent with setbacks as depicted in t h e p r o p o s e d master plan. 3. Restrictive covenants limiting FAR per site as depicted on th e m a s t e r p l a n shall be filed and recorded at Hennepin County. Total site FAR f o r t h e 1 0 9 - acre PUD should not exceed 0.34. Sites with FAR in excess of t h e O r d i n a n c e are subject to review of detailed plans submitted with fut u r e r e z o n i n g requests. 4. The total p.m. peak hour traffic permitted for the 109-acre P U D s h a l l n o t exceed 2,868 trips. The master plan should be revised in terms o f b u i l d i n g square footage or land uses to meet this number. 5. Signalization of the intersection at Viking Drive and Prairie C e n t e r D r i v e concurrent with building construction. 6. Submit a plan depicting impervious surface coverage for each s i t e n o t t o exceed the 0.30 impervious coverage maximum allowed by Code o v e r a l l ; f i l e and record restrictive covenants limiting impervious surface c o v e r a g e t o this plan with Hennepin County. Sites with impervious surface c o v e r a g e i n excess of the Ordinance would be subject to detailed plans sub m i t t e d w i t h future rezoning requests. 7. Building height in excess of the Ordinance as shown on the m a s t e r p l a n exclusive of Phase II rezoning would be subject to review of de t a i l e d s i t e plans submitted with future rezoning requests. 8. Submittal of a revised landscaping plan which provides a bet t e r v i s u a l transition for Southwest Crossing Phase II between the buildin g a n d t h e l a k e Southwest Crossing Revisions 12 July 24, 1987 and screening of the parking area from I-494. 9. Conceptual site plan approval is granted for Phase III only in terms of general location, land use, height, and size. Approval is contingent upon variances from City Code for height, FAR, Shoreland setback and impervious surface requirements, all of which will be reviewed when a specific request for rezoning with detailed plans are submitted, a revised site plan to provide better screening of the parking from I-494, and better screening of the parking deck from Lake Smetana, and building architecture, materials, lighting, signage, pedestrian systems, and landscaping consistent with Phase II. 10. Building development on sites 16 and 17 would be subject to a detailed tree inventory. 11. Perpetual conservancy easements should be granted to the City for all land in the proposed conservancy plus one additional acre, and filed and recorded at Hennepin County. 12. Submittal of detailed storm water and erosion control plans for review by the Watershed District. 13. Submittal of storm water run-off, erosion control, and utility plans, for review by the City Engineer. 14. The developer shall notify the City and Watershed District at least 48 hours in advance of grading. 15. Prior to the issuance of the Building permit, the proponent shall submit the following for review: A. Examples of exterior materials. B. Overall signage package with details. C. Overall lighting plan with details. D. Provide evidence of recording of restrictive covenants for FAR, impervious surface, and perpetual and conservancy easements to the City. 16. Approval of Indirect Source Permit by PCA. If the Planning Commission is comfortable with the land use types and general locations, but feel that the impacts of changes from the 1985 plan and variances from City Code should be further mitigated with plan revisions, then one option would be to return the development plans to the proponent. If the Planning Commission is uncomfortable with the plan as proposed and the impacts of changes from the 1985 plan and variances from City Code are high, and have not been adequately addressed and mitigated, then one option would be to recommend denial. July 20, 1987 TO: Mike Franzen, Senior Planner FROM: Phil Mathiowetz, Fire Marshal SUBJECT: CONSTRUCTION OF HIGH-RISE BUILDINGS WITHIN THE CITY OF EDEN PRAIRIE With the rapid growth of Eden Prairie, we are beginning to see the next logical phase of development within our City. The high-rise building is a product of economics, whereby developers are choosing to build up rather than out due to massive land costs. With the high-rise comes additional demands on the Fire Department to provide adequate protection for the buildings' occupants. I believe our Fire Department is capable, and has the means, to provide this protection due to a number of factors. Probably the most significant is the current practice of early review of the project at the concept stage. This helps to ensure that adequate roadways, emergency access, and proper utilities will be available to meet protection needs. There are also building and Fire Code provisions which are specifically designed for high-rise occupancies. Some of these include: The requirement for a complete automatic sprinkler system throughout the building; smoke detection in strategically specified locations; alarm and communication systems, including voice alarm, public address, and special Fire Department communication systems; central control station for Fire Department operations; smoke control systems; and emergency power and lighting. By building in the fire protection features, rather than having to bring everything with us, we can insure the Fire Department's ability to fight fires in buildings of unlimited height. If you have any questions, please feel free to contact me. PGM:sm BENNETT MNGROSE WOLSFELD JARVIS GARDNER NC • M•REMAR SOGARE PLANNING TRANSPORTATION ENGINEERING ARCHITECTURE Am TmR0 STREET SOoTm • NSNNEAROLS MN SSA'S • PRONE 6,2•3700,00 MEMORANDUM DATE: July 20, 1987 TO: City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 FROM: Nancy Heuer, P.E. William Troe RE: Impact of Vantage Development on the operation of the Viking Drive/Prairie Center Drive Intersection The Vantage Company has proposed the partial development of a site east of Prairie Center Drive and north of Viking Drive in Eden Prairie. The proposed development will consist of two office buildings with a combined total of 249,000 square feet. This memo presents the results of analyses completed to determine the impacts the development will have on the intersection of Prairie Center Drive and Viking Drive. Background The proposed development is included in the Eden Prairie Major Center Area, for which traffic forecasts are being developed. Trip generation of other existing Vantage developments in the area, based on ITE trip generation rates, is docu- mented in Table 1. TABLE 1 EXISTING TRIP GENERATION Daily Trips Daily Units Trip Rate Peak Hour Total In Out Land Use 6251 Office Warehouse Retail Restaurant 326,000 72,700 21,000 7,000 Totals 99 486 7 29 24 30 52 22 749 182 567 12.30 4010 585 4.88 355 36 35.00 735 54 164.40 1151 74 MINNEAPOLIS DENVER PHOENIX City of Eden Prairie July 20, 1987 Page 2 Assignments of existing development trips to the roadway system show volumes on Viking Drive east of Prairie Center Drive of approximately 4,000 vehicles per day. Of this traffic, between 2,500 to 3,000 vehicles per day are the result of previous Vantage development in the area. Similarly, in the peak hour (4:30-5:30 PM), of the approximately 550 vehicles on Viking Drive, approximately 450 can be traced to Vantage developments. This minor street approach volume, combined with the major street volumes on Prairie Center Drive, meet the minimum signal warrant volumes. Figure 1 displays the results of the peak hour signal warrant analysis. Trip Forecast Trip generation analyses for the proposed development are based on ITE Trip Generation rates and reflect the rates used in the Eden Prairie Major Center Area traffic forecasts. Table 2 documents both the daily and peak hour trip generation of existing development plus the proposed Vantage development. Forecast volumes on Viking Drive with the proposed development added to existing volumes forecast are approximately 5,700 vehicles per day, with approximately 800 in the peak hour. TABLE 2 EXISTING TRIP GENERATION PLUS PROPOSED DEVELOPMENT Daily Daily Peak Hour Land Use Units Trip Rate Trips Total In Out Office 575,000 12.30 7073 1033 176 857 Warehouse 72,700 4.88 355 36 7 29 Retail 21,000 35.00 735 54 24 30 Restaurant 7,000 164.40 1151 74 52 22 Totals 9314 1197 259 938 Capacity Analyses Capacity analysis of the intersection was completed, using the Highway Capacity Manual Planning Method, for both the existing condition and with the proposed development in place. The lane geometry used in both analyses reflects the existing intersection design. The results of the analyses using existing PM peak hour volumes and assuming intersection signalization show the intersection presently operates at Level of Service A. The results of the analyses with existing plus proposed development volumes also show that the intersection con- tinues to operate at an acceptable level of service (Level of Service B). City of Eden Prairie July 20, 1987 Page 3 Conclusions o The intersection of Viking Drive and Prairie Center Drive meets t h e p e a k h o u r warrant for signalization based on existing traffic counts. o If signalized, the intersection would operate at Level of Service A a t existing traffic volumes and at Level of Service 8 with the propo s e d d e v e l o p - ment. No additional improvements would be needed to accommodate t h e p r o p o s e d development. o Based on the computer assignment of vehicle trips, existing Van t a g e d e v e l o p - ment contributes 65 to 75 percent of the daily trips and approx i m a t e l y 8 0 percent of the PM peak hour trips on the east approach to the int e r s e c t i o n . o Based on the computer assignment of vehicle trips, existing plus t h e p r o p o s e d Vantage development would contribute 75 to 80 percent of the da i l y t r i p s a n d close to 90 percent of the PM peak hour trips on the east appro a c h t o t h e I ntersection. /ar Existinb Teaffict Ccbunts WA RANT NET WARRANT NOT ME MINOR STREET-HIGH VOLUME APPROACH (VPH) 1000 900 800 700 600 500 400 300 200 100 .gure 1 PEAK HOUR VOLUME WARRANT Prairie Center Drive/Viking Drive 0 400 500 600 700 800 900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 MAJOR STREET—TOTAL OF BOTH APPROACHES (VPH) *NOTE: VPH Applies as the Lower Threshold Volume for a Street Approach with Two or More Lanes on Major and Minor Streets. 74PN „A' #1 10.FC '3 A R EA .- LOCATION MAP MEMORANDUM TO: Planning Commission FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning DATE: July 10, 1987 PROJECT: Southwest Crossing II LOCATION: North of Viking Drive, south of Smetana Lake APPL ICANT/ FEE OWNER: Vantage Companies REQUEST: 1. A Planned Unit Development (PUD) Concept Amendment on 109.68 acres for 1.6 million square feet of building area. 2. Planned Unit Development (PUD) District Review on 109.68 acres, with variances for building height. 3. Zoning District Change from Commercial Regional to Office on 5.13 acres for the construction of a 247,000 square foot office building. 4. Board of Appeals variance request for shoreland setback, building height, impervious surface, and impervious surface below the High Water Mark of Smetana Lake. Background Due to the magnitude of the project and complexity of the issues, the Staff has not prepared a detailed report at this time. Your meeting Monday could be utilized for a presentation, questions to the proponent, and direction to the Staff and developer. Unless other- wise directed by the Planning Cormii ssion, Vantage would return within a two-week time period when a detailed Staff Report, with recommendations, would be presented for Conrnission consideration. The Planning Staff has met with the proponent over the last several months and have identified the Southwest Crossing II 2 July 10, 1987 following major policy issues that the Planning Commission, Park, Rec r e a t i o n , a n d Natural Resources Connission, and City Council will be asked to rule on. 1. Building height. 2. Floor Area Ratio increase 100% above City Code. 3. Shoreland impacts. 4. Traffic impacts and road improvements necessitated by increases. 5. Density transfer. Building Height Southwest Crossing Phase IT will be a 10-story building which, when v i e w e d f r o m Interstate #494, would be 134 feet high, and when viewed from Lake Smetan a , w o u l d b e 153 feet high. The Office zoning district currently permits a maximu m b u i l d i n g height of 30 feet, and therefore a PUD variance review and recommendatio n f r o m t h e Planning Comnission and City Council is required. The height of the pr o p o s e d 1 0 - story building would be at an elevation 1,000 feet above sea lev e l . T h i s i s approximately 20 feet higher than Southwest Crossing Phase I and 32 feet l o w e r t h a n the Wilson Ridge building. Commission should also note that Southwe s t C r o s s i n g Phase III (proposed for Concept approval at this time) would be a 14-stor y b u i l d i n g which would be 189 feet as viewed from 1-494 and 203 feet high whe n v i e w e d f r o m Smetana Lake. At 14 stories, Southwest Crossing Phase III would be t h e t a l l e s t building within the community. It would be 18 feet higher than the W i l s o n R i d g e building. Floor Area Ratio Increase 100% Above City Code The Office zoning district currently permits a maximum 0.5 FAR fo r m u l t i - s t o r y buildings. Vantage is requesting a 1.05 FAR. Although the overall FA R f o r t h e 1 0 9 - acre PUD is 0.34 the Commission must consider the impacts of concentrat i n g t h i s m u c h building in a small area and weigh this against what mitigating meas u r e s V a n t a g e identifies. Shoreland Setback Variances and Impacts Smetana Lake and the adjoining Nine Mile Creek are classified a s a N a t u r a l Environmental Water according to the City's current shoreland ordi n a n c e . T h e building setback to Smetana Lake and Nine Mile Creek, as required by C o d e , i s 2 0 0 feet. The proponents are requesting a variance to 95 feet for Phase II. C o m m i s s i o n may wish to consider the impact of a 10-story building and adjoining p a r k i n g d e c k and the visual and physical impacts of being closer to Lake Smeta n a t h a n t h e Ordinance would allow. Commission may wish to discuss with the pr o p o n e n t t h e hardships involved and any mitigating measures which would off-set t h e i m p a c t o f building and parking deck upon the lake. Traffic Impacts and Road Improvements Necessitated by Increase in Traffic The 1985 BRW traffic study estimated a p.m. peak hour trip generation w i t h a 2 0 % reduction for the overall Vantage PUD based on 1.6 million square feet o f b u i l d i n g area which included a mixture of office, industrial, and commercial lan d u s e s . T h e revisions to the overall PUD do not depict an increase in building squ a r e f o o t a g e nor a change in land use categories. The question is what are the traff i c i m p a c t s associated with Southwest Crossing Phase II on the adjoining road syste m , a n d w h a t would be the required road improvements necessary to handle the anticipa t e d t r a f f i c . Southwest Crossing II 3 July 10, 1987 Commission may wish to question the proponent as to what level of improv e m e n t s s u c h as signals, turn lanes, or road widenings would be necessary to accom m o d a t e t h i s development. Density Transfer Part of the request includes an amendment to the 1985 PUD to permit a t r a n s f e r o f densitys (building square footage) through the 109-acre parcel. The cha n g e s a r e a s follows: Site 1985 PUD 1987 Proposed PhD 5 150,000 sq.ft. 80,000 sq . ft . 6 175,000 125,000 sq.ft. 8 140,000 Sites 8,9,10-combined 609,000 9 160,000 10 85,000 II 11 90,000 Sites 11 & 12-combined 116,000 12 115,000 16 45,000 65,000 17 45,000 72,000 18 50,000 18,000 In general, some buildings get smaller, while others get larger. Howeve r , t h e m o s t significant change is on sites 8, 9, & 10, where the square footage in c r e a s e s f r o m 385,000 to 609,000 square feet (closer to Lake Snetana) while sites 5 & 6 ( w h i c h a r e farther from the lake) are reduced from 325,000 to 205,000 sq u a r e f e e t . I n addition, building height on sites 8, 9, & 10 increase from 5 & 4 st o r i e s t o 1 0 & 14, while sites 5 & 6 decrease from 7 stories each to 3 & 4 stories. Commission may wish to discuss with the proponent the benefits and the impacts of su c h a t r a n s f e r In density and mitigating measures which would offset the impact o f t a l l e r a n d larger buildings closer to the lake. STAFF RECOMMENDATION The Planning Commission may, after presentation by the proponent, dire c t S t a f f t o d o special work on areas of concern to be included in a detailed Staff Re p o r t , a n d / o r request the proponent provide additional information that wil l a i d i n t h e understanding of the project. Planning Commission Minutes -3- July 27, 1987 b. SOUILWEST CROSSIIC II, by Vantage Companies. Request for Planned unitDevelopment Concept Amendment on 109.68 acres, Plannec Unit Development District Review on 109.68 acres with variances for building height, Zoning District Change from Commercial Regional to Office on 5.13 acres and Board of Appeals variances for Sboreland setback, building height, impervious surface, and impervious surface below the high water mark of Smetana Lake for the construction of a 247,000 square foot office building. Location: North of Viking Drive, and south of Smetana Lake. A continued public hearing. Dale Beckman of BRW gave a brief overview of the Southwest Crossing II project indicating that the developer wants to create a campus image with the lake at the entrance of the building. He had a model showing where the front side of the parking lot will not be visible. Franzen asked Matt Nicoll to focus on the recommendations listed in the Staff Report. Developer said they had no problem with the recommendations except with the total site FAR for the 109-acre PUD not exceeding 0.34, restrictions on impervious surface, and conservancy restrictions. They will have a little trouble with this and would like some flexibility. Hallett asked for comments. Ruebling expressed concern About the traffic situation. The study that was done just deals with Phase II and doesn't take into consideration full development. He asked specifically what level of service the intersection of Prairie Center Drive and Viking Drive is at full development. Franzen said the hCA traffic study is being updated. When this is complete, we will have a better handle on what the traffic is and what improvements will be necessary. The new study will be complete in 30-60 days and will be distributed to the Planning Commission and the City Council. Dodge suggested that the City Attorney be asked to address the restrictive covenants including FAR, conservancy and impervious surface. Franzen stated that the City Attorney can work with Vantage on this. -Bye expressed concern that the parking areas will not be screened properly. Fell would like to see more evergreens for better year round screening adding that he would like to see a revised plan before sending this item to the City Council. Fell also asked About the long term parking ramp maintenance, and are guidelines or is this left up to the developer? Franzen suggested talking to the cities of Minneapolis and Bloomington who have had a lot of experience in this area. Fell wondered if we were setting a precedent on tne height of the buildings. Franzen stated that the City Council has approved the Wilson Learning Center which is lb feet higher than this building. Planning Commission Minutes -4- July 27, 1987 Hallett asked if employees will be able to walk completely around Smetana Lake. Franzen indicated that the Parks Commission will review this and determine if a walkway should go around the lake. Hallett asked what percentage of the present building is occupied. - 70%. Ruebling indicated that the restrictive covenants should also include a provision to guarantee the average shoreland setback off 200 feet and setbacks from the creek as shown on the approved plan. Matt Nicoll asked the Planning Commission if they could make the screening of the parking lot, review of restrictive covenants and traffic as a prior to Council review condition. Commissioners Dodge and Bye indicated that they were uncomfortable approving the project without first knowing if it is possible to screen the parking lot from 1-494. Motion was made by Bye to continue this to the August 10th Planning Commission meeting subject to a revised plan which screens parking from 1-494, a review of restrictive covenant including shoreland setback, FAR, impervious surface and conservancy areas by the City Attorney's office and provision of more information on tratfic. Ruebling seconded the motion. Motion carried 5-0-0. Planning Commission Minutes -5- July 13, 1987 D. SOUTINEST CROSSING II, by Vantage Companies. Request for Planned Unit Development Concept Amendment on 109.68 a c r e s , Planned Unit Development District Review on 109.68 acr e s w i t h variances for building height, Zoning District Change fr o m Coracercial Regional to Office on 5.13 acres and Board of Appeals variances for Shoreland setback, building heig h t , impervious surface, and impervious surface below the h i g h w a t e r mark of Smetana Lake for the construction of a 247,000 s q u a r e foot office building. Location: North of Viking Driv e a n d south of Smetana Lake. A public hearing. Planner Franzen suggested that due to the complexity of t h i s p r o j e c t and policy issue relative to height, density transfers, f l o o r a r e a ratio (FAR), setbacks and traffic that this meeting be u s e d f o r presentation purposes and if so directed by the Plannin g C o a m i s s i o n would return in two weeks with a detailed staff report. Vantage Companies then made a presentation of the proje c t a n d described in detail the plan and requests that the Plann i n g Commission would consider with respect to the PUD amend m e n t a n d zoning change. Bye stated that the traffic is a major issue in Eden Pra i r i e a n d a n office building that large may put a significant strain o n t h e r o a d system. Bye inquired as to the level of improvements th a t w o u l d b e required with Phase II construction. Planner Franzen st a t e d t h a t a t the next meeting, a traffic study will be completed whic h w i l l identify necessary road improvements. Ruebling asked by what means the density transfer and FAR limitations per site could be assured in the event the land is sold to a different develope r . P l a n n e r Franzen responded that one method would be for restrictive convenants recorded on each parcel which identifies th e d e v e l o p m e n t limitations and since the restrictions run with the la n d , f u t u r e purchasers would be aware of them. MOTION: Motion was made by Bye, seconded by Anderson, to conti n u e t h e p u b l i c hearing to the July 27, 1987 Planning Commission meeti n g w i t h direct Staff to prepare a detailed staff report to be p r e s e n t e d a t the next meeting. Motion carried 6-0-0. V. OLD BUSINESS None. VAC 87-07 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-235 VACATION OF DRAINAGE, UTILITY AND CONSERVA T I O N E A S E M E N T ON LOT 10, BLOCK 1 BLUESTEM HILLS 1ST ADDITION WHEREAS, the City of Eden Prairie has cert a i n d r a i n a g e , u t i l i t y a n d conservation easements described as follows : A drainage and utility easement over and ac r o s s L o t 1 0 , B l o c k 1 , B L U E S T E M H I L L S 1ST ADDITION, according to the recorded pl a t t h e r e o f . S a i d e a s e m e n t l i e s southerly of a line described as follows: Beginning at a point on the westerly line o f s a i d L o t 1 0 , B l o c k 1 distant 116.00 feet southerly from the Nor t h w e s t c o r n e r t h e r e o f ; thence in an easterly direction to a point o n t h e e a s t e r l y l i n e o f said Lot 10, Block 1 distant 132.68 feet so u t h e r l y f r o m t h e N o r t h - east corner thereof and said line terminati n g . And northerly of a line as described as fo l l o w s : Beginning at a point on the westerly line o f s a i d L o t 1 0 , B l o c k 1 distant 116.00 feet southeasterly direction f r o m t h e N o r t h w e s t corner thereof; thence in a southerly dir e c t i o n , d e f l e c t i n g t o t h e left 83 degrees 07 minutes 05 seconds for a d i s t a n c e o f 7 9 . 0 0 f e e t ; thence northeasterly, deflecting to the le f t , 4 9 d e g r e e s 1 2 m i n u t e s 18 seconds for a distance of 101.00 feet t o a p o i n t o n t h e e a s t e r l y line of said Lot 10, Block 1 distant 132.6 8 f e e t s o u t h e r l y f r o m t h e Northeast corner thereof and said line the r e t e r m i n a t i n g . A permanent easement for conservation purpo s e s o v e r a n d a c r o s s L o t 1 0 , B l o c k 1 , BLUESTEM HILLS 1ST ADDITION, according to t h e r e c o r d e d p l a t t h e r e o f , s a i d easement lies southerly of the line as desc r i b e d a n d r e c o r d e d a s D o c u m e n t N o . 5217015 and northerly of the following de s c r i b e d l i n e : Commencing at the most southerly corner of L o t 9 , B l o c k 1 ; t h e n c e on an assumed bearing of North 47 degrees 0 5 m i n u t e s 3 0 s e c o n d s East, along the southeasterly line thereof, a d i s t a n c e o f 6 0 . 0 0 feet; thence North 82 degrees 02 minutes 00 s e c o n d s W e s t a d i s t a n c e of 66.38 feet to the point of beginning of t h e l i n e t o b e d e s c r i b e d ; thence South 76 degrees 29 minutes 47 secon d s W e s t a d i s t a n c e o f 101.00 feet; thence North 54 degrees 07 min u t e s 5 5 s e c o n d s W e s t a distance of 79.00 feet to the westerly li n e o f s a i d L o t 1 0 , B l o c k 1 and said line there terminating. 1 VAC 87-07 WHEREAS, a public hearing was held on Augus t 1 8 , 1 9 8 7 a f t e r d u e n o t i c e w a s published and posted as required by law; WHEREAS, it has been determined that the sai d e a s e m e n t s a r e n o t n e c e s s a r y a n d have no interest to the public, therefore, s h o u l d b e v a c a t e d . T h e e x i s t i n g 5 . 0 foot side line drainage and utility easement a d j a c e n t t o t h e w e s t e r l y a n d easterly lot lines of said Lot 10, Block 1 a r e t o b e p r o l o n g e d s o u t h e r l y t o intersect with the line of the drainage and u t i l i t y e a s e m e n t b e i n g r e t a i n e d . NOW, THEREFORE, BE IT RESOLVED by the Eden P r a i r i e C i t y C o u n c i l a s f o l l o w s : 1. Said drainage, utility and conservation eas e m e n t s a s a b o v e described are hereby vacated. 2. The City Clerk shall prepare a notice of co m p l e t i o n o f t h e proceedings in accordance with M.S.A. 412.851 . ADOPTED by the Eden Prairie City Council on A u g u s t 1 8 , 1 9 8 7 . Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 2 AUGUST 18,1987 35918 VOID OUT CHECK ( 11 132 1 VOID OUT CHECK VOID OUT CHECK 36262 VOID OUT CHECK 36329 VOID OUT CHECK 36464 VOID OUT CHECK 36569 NORTHWESTERN BELL TELEPHONE CO SERVICE 36570 vcam OUT CHECK 36571 AT & T INFORMATION SYSTEMS 36572 NORTHERN STATES POWER CO 36573 AT & T COMMUNICATIONS 36574 TIM BUSHNELL 36575 FEDERAL RESERVE BANK 36576 COMMISSIONER OF REVENUE 36577 GREAT WEST LIFE ASSURANCE CO 36578 ICMA RETIREMENT CORP 36579 PERA 36580 UNITED WAY OF MINNEAPOLIS 36581 CITY-COUNTY CREDIT UNION 36582 NORWEST BANK HOPKINS 36583 SUBURBAN NATIONAL BANK 36584 THE PLAYWRIGHTS CENTER 36585 36586 36587 7A588 ( 39 3690 36591 36592 36593 36594 36595 36596 36597 36598 36599 36600 36601 36602 36603 36604 36605 36606 36607 36608 36609 36610 36611 36612 36613 r'14 6 36616 FERN CARR PAULA ELVERCROG KRISTINA HALCOMB MARIA LYNN HALCOMB CAROL KARLSON EARLA KRAUS MINNESOTA GAS CO PHYLLIS MCPHILLIPS NORTHERN STATES POWER CO TOM RODMAN COLLEGE OF ST THOMAS PRAIRIE CHURCH SOUTH HENNEPIN HSC PRIOR WINE CO EAGLE WINE CO GRIGGS COOPER & CO INC ED PHILLIPS & SONS CO QUALITY WINE CO JOHNSON BROTHERS WHOLESALE LIQUOR FAUST'S & SONS CO CAPITOL CITY DISTRIBUTING CO THORPE DISTRIBUTING CO AT & T INFORMATION SYSTEMS VOID OUT CHECK MINNESOTA GAS CO GREGG NELSON TRAVEL INC HENNEPIN PARKS STATE OF MINNESOTA JIM ANDERSON CHERYL BOYLES KATHY FRITZ KELLY FRITZ SERVICE SERVICE SERVICE HOCKEY OFFICIAL/FEES PD PAYROLL 7-24-87 PAYROLL 7-24-87 PAYROLL 7-24-87 PAYROLL 7-24-87 PAYROLL 7-24-87 PAYROLL 7-24-87 PAYROLL 7-24-87 PAYROLL 7-24-87 PAYROLL 7-24-87 -PERFORM PLAY FOR "SUNBONNET DAYS"- HISTORICAL CULTURE REFUND-GOLF LESSONS REFUND-SUMMER SPORTS CAMP REFUND-SUMMER SPORTS CAMP REFUND-SUMMER SPORTS CAMP REFUND-SWIMMING LESSONS REFUND-AQUA AEROBICS CLASS SERVICE REFUND-SWIMMING LESSONS SERVICE REFUND-HORSEBACK RIDING CONFERENCE-ASSISTANT TO THE CITY MANAGER SOFTBALL OFFICIAL/FEES PD REIMBURSEMENT FOR HOME PROGRAM WINE WINE LIQUOR WINE WINE WINE WINE WINE WINE SERVICE SERVICE CONFERENCE-WATER DEPT RESERVATION FEE-CITY HALL BIKE REGISTRATIONS REFUND-SWIMMING LESSONS REFUND-DAY CAMP & HORSEBACK RIDING REFUND-DAY CAMP & HORSEBACK RIDING REFUND-DAY CAMP & HORSEBACK RIDING 7.25- 125.00- 297.80- 185.00- 13.00- 4.13- 90.90 0.00 831.75 30847.21 125.18 4.00 44600.20 11595.46 4176.00 865.00 21767.79 158.88 699.13 800.00 200.00 201.00 15.00 31.40 40.00 40.00 9.25 15.00 1167.83 11.00 19354.14 15.00 175.00 7.25 1117.50 782.02 953.20 4516.79 5193.06 2356.66 10254.38 159.88 323.45 110.60 24.45 0.00 16.33 350.00 75.00 175.00 10.50 198.00 63.00 63.00 16405401 AUGUST 18,1987 36617 LINDA HOFFER 36618 LINDA HOFFER c 519 KATHRYN JERUE .20 DANIELLE JOHNSON 621 PAT KOHN 36622 CONNIE LEWIS 36623 CONNIE LEWIS 36624 KATHLEEN MCINERNY 36625 SUSAN MEROLLI 36626 EMILY PETERKA 36627 JENNY PETERSON 36628 NANCY PUDAS 36629 SUPPLEES 7 HI ENTER INC 36630 KATHRYN SWIGART 36631 MITCHELL ULRICH 36632 GUARANTEE MUTUAL LIFE INSURANCE 36633 PHYSICIANS HEALTH PLAN 36634 MEDCENTERS HEALTH PLAN INC 36635 TERRY BERG 36636 HOPKINS POSTMASTER 36637 BARBAROSSA & SONS CO 36638 KEWO INC 36639 LAYNE WESTERN CO 36640 NODLAND CONSTRUCTION CO 36641 NODLAND CONSTRUCTION CO 36642 JP NOREX INC 36643 JP NOREX INC 44 JP NOREX INC PREFERRED PAVING INC 36646 SHAFER CONTRACTING INC 36647 SHAW LUNDQUIST ASSOC INC 36648 ABBOTT NORTHWESTERN HOSPITAL 36649 ABBYS RESTAURANT & PUBLICHOUSE 36650 ACRO-MINNESOTA INC 36651 ADAMS REDLIN CONSTRUCTION 36652 DAWN ADAMSKI 36653 ADMIRAL WASTE MMT INC 36654 AIRLIFT DOORS INC 36655 AMERICAN EXCELSIOR COMPANY 36656 AMERICAN LINEN SUPPLY CO 36657 AMERICAN NATIONAL BANK 36658 EARL F ANDERSEN & ASSOC INC 36659 ANDROC PRODUCTS INC 36660 AQUA ENGINEERING INC 36661 ASPLUND COFFEE CO INC 36662 ASTLEFORD INTL INC 36663 AVNET 36664 B R W INC 36665 BATTERY & TIRE WAREHOUSE INC 3 -66 BAUER HILT INC ,7 BERG BAG COMPANY 128603877 REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-HORSEBACK RIDING REFUND-SWIMMING LESSONS REFUND-DAY CAMP & HORSEBACK RIDING REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-DAY CAMP & HORSEBACK RIDING REFUND-DAY CAMP REFUND-SWIMMING LESSONS REFUND-GOLF LESSONS AUGUST 87 RENT-LIQUOR STORE REFUND-TENNIS LESSONS REFUND-SWIMMING LESSONS JULY & AUGUST 87 LIFE INSURANCE AUGUST 87 HEALTH INSURANCE AUGUST 87 HEALTH INSURANCE -MOTEL LODGING DUE TO STORM DAMAGE ON RIVERVIEW ROAD POSTAGE-UTILITY BILLING WELL HOUSES & SITE WORK CONSTRUCTION SERVICE-BLUFFS EAST 4TH ADDITION SERVICE-COUNTY RD 4 TO MITCHELL ROAD SERVICE-WYNDHAM KNOLL SERVICE-HIDDEN GLEN 3RD ADDITION SERVICE-RIVERVIEW ROAD SERVICE-WATER TREATMENT PLANT ADDITION SERVICE-BLUFFS WEST STORM SEWER SERVICE-VALLEY VIEW ROAD SERVICE-COUNTY RD 4 PO MITCHELL ROAD SERVICE-WATER TREATMENT PLANT ADDITION SUPPLIES-POLICE DEPT EXPENSES-ADULT PROGRAMS OFFICE SUPPLIES SERVICE-HOMEWARD HILLS PARK TEEN VOLUNTEER WAGES JULY 87 TRASH DISPOSAL-PUBLIC SAFETY DOOR REPAIRS-PUBLIC WORKS BUILDING EROSION BLANKETS-STORM DAMAGE TOWELS-LIQUOR STORE BOND PAYMENTS SIGNS-STREET MAINTENANCE CHEMICALS-PARK MAINTENANCE COUPLING-PARK MAINTENANCE CONCESSION STAND SUPPLIES-COMMUNITY CENTER LEVERS-EQUIPMENT MAINTENANCE REFUND-PARK RESERVATION -SERVICE-ANDERSON LAKES PKWY-TH 169 TO -MITCHELL ROAD/VALLEY VIEW RD-MITCHELL TO COUNTY ROAD 4 -SPARK PLUG/BATTERIES/MUFFLER CLAMP/LIGHT- EQUIPMENT MAINTENANCE 4 TIRES-EQUIPMENT MAINTENANCE SANDBAGS-STORM DAMAGE 6.50 9.00 15.00 9.00 63.00 13.00 13.00 11.00 63.00 45.00 2.00 15.00 4383.32 16.00 14.00 3063.10 16206.46 8577.40 100.00 528.78 33881.75 83722.49 61552.00 8645.19 122338.06 4049.05 192667.38 4130.76 60714.68 145793.50 276603.80 6.17 73.26 1140.43 3480.00 195.00 104.25 65.00 403.47 9.05 225693.37 340.05 480.00 6.82 112.00 15.94 15.00 22490.55 351.67 504.52 3300.00 AUGUST 18,1987 36668 BERRY COFFEE COMPANY SERVICE 495.00 36669 BLACKS PHOTOGRAPHY -FILM PROCESSING-WATER DEPT/POLICE DEPT/ 468.17 -ENGINEERING DEPT/STREET DEPT/PLANNING DEPT/FORESTRY DEPT/PARK PLANNING DEPT 30670 CITY OF BLOOMINGTON JUNE 87 IMPOUND SERVICE 142.50 36671 BLOOMINGTON LOCKSMITH CO LOCK REPAIRS-PUBLIC SAFETY BUILDING 47.00 36672 BMB SERVICES ICE ARENA REPAIRS-COMMUNITY CENTER 288.25 36673 BOUSTEAD ELECTRIC & MFG CO EQUIPMENT REPAIRS-WATER DEPT 140.58 36674 BRAUN END TESTING INC -SERVICE-HOMEWARD HILLS ROAD EXTENSION/ 4168.30 -PRAIRIE VIEW DR & ST ANDREWS DR/PARK -SHELTER & TENNIS COURTS AT HOMEWARD HILLS PARK/VALLEY VIEW RD 36675 JOHN BRILL SOFTBALL OFFICIAL/FEES PD 145.00 36676 ED BRION SOFTBALL OFFICIAL/FEES PD 58.00 36677 BROADWAY EQUIPMENT CO CLEANING SUPPLIES-PUBLIC SAFETY BUILDING 114.00 36678 MAXINE BRUECK MILEAGE 25.00 36679 BRYAN ROCK PRODUCTS INC ROCK-STREET DEPT & PARKS DEPT 5650.23 36680 TIM BUSHNELL HOCKEY OFFICIAL/FEES PD 66.00 36681 CARDOX CORP CARBON DIOXIDE-WATER DEPT 1446.83 36682 CARLSON & CARLSON ASSOC SERVICE-EMPLOYEE ASSISTANCE PRCGRAM 20.00 36683 CARLSONS LAKE STATE EQUIP CO PARTS-EQUIPMENT MAINTENANCE 3.22 36684 CHAPIN PUBLISHING CO LEGAL ADS 266.76 36685 CLAREYS SAFETY EQUIPMENT INC 3 FIRE HOSE NOZZLES & ADAPTORS-FIRE DEPT 1647.50 36686 CLUTCH & TRANSMISSION SER INC -ENGINE REPAIRS/BRAKE AIR LINE-EQUIPMENT 269.00 MAINTENANCE 36687 CLUTCH& U-JOINT BURNSVILLE INC -CLUSTER GEAR FOR REAR END OF SQUAD CAR- 564.28 EQUIPMENT MAINTENANCE 36688 CLIMATE MAKERS INC AIR CONDITIONER REPAIRS-COMMUNITY CENTER 27.24 " -,89 CONCRETE RAISING INC MUDJACKING SERVICE-DRAINAGE CONTROL 1668.75 ,90 JEFFREY CONRADI HOCKEY OFFICIAL/FEES PD 264.00 36691 CONTECH OONST PRODUCTS INC CULVERT BANDS-DRAINAGE CONTROL 184.72 36692 CONTINENTAL SAFETY EQUIPMENT INC FLEXIBLE CABLE SYSTEM-FIRE DEPT 983.13 36693 COUPON CONNECTION ADS-LIQUOR STORE 150.00 36694 CURTIS INDUSTRIES -CABLE TIES/NUTS/FITTINGS/DRILL BITS/WIRE- 310.15 EQUIPMENT MAINTENANCE 36695 CUTLER-MAGNER COMPANY QUICKLIME-WATER DEPT 8276.74 36696 WARD F DAHLBERG AUGUST 87 EXPENSES 80.00 36697 DALCO -CLEANING SUPPLIES-COMMUNITY CENTER/WATER 772.64 DEPT & PARKS DEPT 36698 LISA DARTT TEEN VOLUNTEER WAGES 53.10 36699 CRAIG W DAWSON MILEAGE 42.50 36700 EUGENE DIETZ JUNE 87 EXPENSES 170.00 36701 DIXIE PETRO-CHEM INC CHLORINE-WATER DEPT 1845.00 36702 DORHOLT INC WATER WARNING POSTERS-WATER DEPT 189.00 36703 EARL'S ART & DRAFTING SUPPLIES -EORCO BOARD FOR TOP OF FILE CABINET- 30.48 PLANNING DEPT 36704 E P GROCERY EXPENSES-STORM DAMAGE 39.75 36705 EDEN PRAIRIE TRASHTRONICS JULY 87 TRASH DISPOSAL 365.00 36706 CITY OF EDINA JULY 87 WATER TESTS 131.00 36707 ELK RIVER CONCRETE PRODUCTS MANHOLE COVERS/CULVERTS-DRAINAGE CONTROL 501.91 36708 ELVIN SAFETY SUPPLY INC SAFETY EQUIPMENT-POLICE DEPT 46.25 36709 JEFFREY ELWELL MILEAGE 20.00 36710 CHRIS ENGER JULY 87 EXPENSES 165.00 36711 COURTNEY ENGSTROM TEEN VOLUNTEER WAGES 9.68 12 ROBERT ERNST VOLLEYBALL OFFICIAL/FEES PD 39.00 3239066 AUGUST 18,1987 36713 RON ESS 36714 DON EVE & SONS (; "15 BARBARA EWELT 16 FINLEY BROS ENTERPRISES 6717 ROBERT FLYNN 36718 FORKLIFT & EQUIPMENT SERVICES INC 36719 FOUR STAR BAR & RESTAURANT SUPPLY 36720 FRANZ ENG REPRODUCTIONS INC 36721 G & K SERVICES 36722 G L CONTRACTING INC 36723 DARRELL GEDNEY 36724 GENERAL COMMUNICATIONS INC 36725 GOODYEAR TRUCK TIRE CENTERS 36726 R L GOULD & CO INC 36727 JENNIFER GRAU 36728 MICHAEL GROH 36729 CHERI GUNDERSON 36730 GUNNAR ELECTRIC CO INC 36731 MACH CO 36732 HANSEN THORP PELLINEN OLSON INC 36733 HEDBERG AGGREGATES 6734 TILFCeD NELLIE JR 35 HENNEPIN COUNTY TREASURER HENNEPIN COUNTY 36737 HENNEPIN COUNTY TREASURER 36738 HOFFERS INC 36739 HOLMSTEN ICE RINKS INC 36740 MICHAEL J. HOSTETLER 36741 HOVDE PLEG 36742 DONNA HYATT 36743 IBM 36744 INDUSTRIAL LIGHTING SUPPLY INC 36745 INGRAM EXCAVATING 36746 INTL OFFICE SYSTEMS INC 36747 JAMCO INTERNATIONAL 36748 THERESA JENSEN 36749 REBECCA JOHNSON 36750 JM CTT10E PRODUCTS INC 36751 LORI JOHNSON 36752 JORDAN SAWMILL 36753 DANIEL KASID 36754 KATE CORPORATION 7 -55 PENNY KING 36 MOLLY KOIVUMAKI HOCKEY OFFICIAL/FEES PD HAY BALES-STORM DAMAGE TENNIS INSTRUCTOR/FEES PD FENCE TIES-PARK MAINTENANCE REFUND-BUILDING PERMIT EQUIPMENT REPAIRS-WATER DEPT SUPPLIES-LIQUOR STORE BLUEPRINTS-ENGINEERING DEPT -TOWELS/COVERALLS-LIQUOR STORE/WATER DEPT/ PARKS DEPT -SERVICE-REPAIRED CULVERT ON SMETANA ROAD DUE TO STORM DAMAGE HOCKEY OFFICIAL/FEES PD RADIO REPAIRS-EQUIPMENT REPAIRS TIRES-EQUIPMENT MAINTENANCE RIDING LAWN MOWER-PARK MAINTENANCE TEEN VOLUNTEER WAGES SERVICE-HUMAN SERVICES CONSULTATION VOLLEYBALL OFFICIAL/FEES PD FUSES-COMMUNITY CENTER LAB SUPPLIES-WATER DEPT -SERVICE-BLUFFS WEST/BLUFFS EAST 4TH -ADDITION/SUNNYBROOK ROAD/INTL SCHOOLS -WATERMAIN/NEMEC KNOLLS/PIONEER TRAIL & -COUNTY RD 18/HOMEWARD HILLS PARK/EDEN LAKE PARK/WILLOW PARK SANDBAGS-STORM DAMAGE SOFTBALL OFFICIAL/FEES PD SERVICE-PLANNING DEPT JUNE 87 BOARD OF PRISONERS TRAFFIC SIGNAL LENS-STREET DEPT SOFTBALL FIELD MARKING-PARK MAINTENANCE -PARTS & EQUIPMENT FOR ICE ARENA MAINTENANCE-COMMUNITY CENTER HOCKEY OFFICIAL/FEES PD REFUND-BUILDING PERMIT MILEAGE & EXPENSES-STORM DAMAGE SEPTEMBER 87 MAINTENANCE AGREEMENT FLUORESCENT LIGHTS-WATER DEPT SERVICE-VALLEY VIEW ROAD STORM DAMAGE -JULY 87 MAINTENANCE AGREEMENT-CITY HALL & PUBLIC SAFETY BUILDING -U S FLAGS FOR "SUNBONNET DAYS"-HISTORICAL CULTURE TEEN VOLUNTEER WAGES TEEN VOLUNTEER WAGES -OFFICE SUPPLIES-SEWER DEPT/WATER DEPT & STREET DEPT SKATING INSTRUCTOR/FEES PD LUMBER-STREET MAINTENANCE SOFTBALL OFFICIAL/FEES PD -CARBURETOR KIT/VALVE THROTTLE/LEVER/ RECEIVER-PARKS DEPT EXPENSES-FIRE DEPT CONFERENCE-POLICE DEPT 132.00 187.50 294.00 17.50 25.00 36.66 712.27 248.99 287.56 4652.86 132.00 513.10 58.20 6693.00 25.87 930.00 221.00 6.63 257.31 34361.98 290.50 29.00 132.00 2721.55 248.12 176.50 930.25 82.50 20.50 79.44 424.32 481.06 3508.00 175.89 53.56 95.25 48.60 43.29 209.60 88.00 609.00 63.83 15.10 75.64 6039493 AUGUST 18,1987 36757 36758 '4759 f :60 56761 36762 36763 36764 36765 36766 36767 36768 36769 36770 36771 30772 36773 36774 36775 36776 36777 36778 36779 36780 36781 36782 36783 36784 85 LAURA KoRN REFUND-PARK RESERVATION KoSs PAINT & WALLPAPER INC PAINT-PARKS DEPT KRAEMERs HONE CENTER DRILL/ToOL HANDLE/ANGLE-WATER DEFT KR0Y INC OFFICE suppLiEs-puBLic SAFETY BETSY KuTT TEEN VOLUNTEER WAGES JOHN KuTT TEEN VOLUNTEER WAGES ROBERT LAmBERT JULY 87 ExpENsEs Boa LANzI soFTBALL&VCLLEyBALLoFFIcIAL/FEESPD DENNIS LARsoN REFUND-PARK RESERVATION LEAGUE OF MN CITIES MEMBERSHIP DUES-CITY HALL LEAGUE OF MN CITIES INS TRUST WDRKERS COMPENSATION INSURANCE L LEHmAN & ASSOCIATES INC LEGAL SERVICE LIONS TAP EXPENSES-ORGANIZED ATHLETICS LoFFLER BUSINESS SYSTEMS INC DICTAPHONE EQUIPMENT-ENGINEERING DEPT LoGis JUNE 87 SERVICE LONG LAKE FORD TRACTOR EQUIPMENT REPAIRS-PARKS DEPT KATHY LUctm TEEN VOLUNTEER WAGES CARRIE MARBLE TEEN VOLUNTEER WAGES MARTN MCALLISTER CONSULTING SERVICE-HUMAN SERVICES MASYSCoRpoRATIoN SEPTEMBER 87 MAINTENANCE AGREEMENT MEDICAL OXYGEN & EQUIP CO OXYGEN-FIRE DEFT MERLINS HARDWARE HANK TRASH CANS/CLIPS-PARKS DEPT METRO ALARM INC ALARM SYSTEM REPAIRS-PUBLIC woRKS BUILDING METROPOLITAN FIRE EQUIP CO CHEMICALS-WATER DEPT METRO SDNE COMM INC AUGUST 87 PAGER SERVICE-SEWER DEFT METRO PRINTING INC PRINTING-FIRE DEPT & POLICE DEPT METRO WASTE CONTROL coMMissiON JUNE 87 SAC CHARGES METRO WASTE CONTROL coMMIssioN SEPTEMBER 87 SEWER SERVICE MIDLAND PRODUCTS CO -CONcEssICN STAND SUPPLIES-ROUND LAKE & COMMUNITY CENTER 36786 MIDWEST ASPHALT CORP BLACKTOP-STREET MAINTENANCE 36787 SAM MILLER BAG COMPANY SANDBAGS-STORM DAMAGE 36788 MN CELLULAR TELEPHONE Co SERVICE 36789 MN CELLULAR TELEPHONE co SERVICE 36790 MINNESOTA COMMUNICATIONS CORP JULY 87 PAGER SERVICE-POLICE DEFT 36791 MINNESOTA COMMUNICATIONS CORP JUNE 87 PAGER sERvICE-poLicE DEPT 36792 VOID OUT CHECK 36793 MN CONWAY FIRE & SAFETY COATS-FIRE DEPT 36794 MINNESOTA SUBURBAN NEWSPAPERS INC ADS-LIQUOR STORE 36795 R G MODEEN INC SERVICE-PAINT CENTRAL FIRE STATION 36796 MODERN ELECTRIC EQUIPMENT REPAIRS-PARKS DEPT 36797 MODERN TIRE co WHEELS BALANCED-EQUIPMENT MAINTENANCE 36798 MODERN TIRE co TIRE TUBE-EQUIPMENT MAINTENANCE 36799 MOGUL EQUIPMENT REPAIRS-PUBLIC SAFETY BUILDING 36000 NADINE M0Hs TEEN VOLUNTEER WAGES 36801 MOTOROLA INC RADIO REPAIRS-FIRE DEPT 36802 MTI DISTRIBUTING Co -REAR AXLE/WASHERS/BUSHINGS/SPRINGS- EQUIPMENT MAINTENANCE 36803 GREG MUELLER SOFTBALL OFFICIAL/FEES FT 36804 NM MUELLER & SONS INC SAND-PARK MAINTENANCE 36805 MELANIE MusTANSKI TEEN VOLUNTEER WAGES 36806 NATIONWIDE ADVERTISING SERVICE IN EMPLOYMENT ADS-ASSESSING DEFT 36807 GREG NORMAN SERVICE-LETTERING ON FIRE TRUCKS 24 R08 NAIL SCREENpRINT UNIFORMS FOR PLAYGROUND LEADERS 39 NEUTRON INDUSTRIES CLEANING SUPPLIES-POLICE DEPT 25.00 126.75 49.36 81.16 44.10 34.20 216.47 231.00 50.00 6641.00 32827.25 1637.54 120.00 32.00 6753.91 124.46 63.90 84.25 250.00 1050.00 54.00 44.92 44.00 76.20 10.50 1739.00 62370.00 89800.90 432.44 500.06 350.00 104.07 21.95 80.00 80.00 0.00 344.00 75.66 3459.50 65.00 24.00 9.71 416.63 115.00 313.06 232.59 145.00 340.62 52.20 286.65 75.00 817.87 96.95 21301983 36810 36811 '912 ( 113 .50814 36815 36816 36817 36818 36819 36820 36821 36822 36823 36824 36825 36826 36827 36828 NORTHERN STATES POWER CO NORWEST BANK MINNEAPOLIS NA KATHLEEN OCONNOR HARRY ORTLOFF JOHN EDWARD PAFKO PARK AUTO UPHOLSTERY PEPSI/7-UP BOTTLING CO PEPSI/7-UP BOTTLING CO CONNIE L PETERS PATRICK PEREZ PETTY CASH-PUBLIC SAFETY DEPT HMOS INC PMS SERVICE CORP KEITH POKELA POMMER MFG CO INC PRAIRIE ELECrRIC COMPANY INC PRAIRIE HARDWARE PRAIRIE HARDWARE PRAIRIE HARDWARE 36830 PRAIRIE HARDWARE 36831 PRAIRIE HARDWARE 36832 PRAIRIE HARDWARE 36833 PRAIRIE HARDWARE 36834 PRINT SHACK 36835 PRIOR LAKE AGGRETATE INC 36836 PSQ BUSINESS COMMUNICATIONS INC 36837 PUMP & METER SERVICE INC 36838 RADIO SHACK 36839 R C IDENTIFICATIONS INC 36840 RIC MAR INDUSTRIES INC 36841 KAREN ROACH 36842 ROAD MACHINERY & SUPPLIES CO ROAD RESCUE INC ROBINSON PLUMBING SUPPLY CO ROGERS SERVICE CO ROTTLUND SHERYL REUTER 36843 36844 36845 /846 ( 47 AUGUST 18,1987 36829 PRAIRIE HARDWARE CABLE CHARGES-STREET LIGHTING 840.00 BOND PAYMENTS 1162737.47 SCHOOL-FIRE DEPT 804.88 SOFTBALL OFFICIAL/FEES PD 638.00 CONFERENCE-FIRE DEPT 199.48 CAR SEATS CLEANED-EQUIPMENT MAINTENANCE 135.00 CONCESSION STAND SUPPLIES-ROUND LAKE PARK 242.00 CONCESSION STAND SUPPLIES-COMMUNITY CENTER 278.00 MILEAGE 20.75 SOFTBALL OFFICIAL/FEES PD 87.00 EXPENSES-POLICE DEPT 15.26 PRINTING-PLANNING DEPT 117.50 AUGUST 87 CUSTODIAL SERVICE 1160.00 VOLLEYBALL OFFICIAL/FEES PD 39.00 SOFTBALL PLAQUES-ORGANIZED ATHLETICS 71.97 STORM DAMAGE REPAIRS-COMMUNITY CENTER 319.60 CLEANING SUPPLIES/BATTERIES-FIRE DEPT 74.35 BROOM-CITY HALL 2.96 -INSECT REPELLANT/PAILS/PLIERS/WASHERS/ 451.32 -WRENCHES/HOOKS/LOCKS/CHAIN/SPRAY PAINT/ -STENCILS/KEYS/SANDPAPER/SPONGES/ROPE/ -SCREWDRIVERS/PAINT/EXTENSION CORDS/ -BRACKETS/SCREWS/DRILL BITS/CASTER WHEELS/ -BOLTS/RUSTOLEUM/CONTACT CEMENT/SPRAY -BOTTLES/TRASH CANS/BATTERIES/PAINT ROLLERS-COMMUNITY CENTER -STENCILS/CHAIN/HOOKS/INSECT REPELLANT/ 297.18 -SCREWS/WASHERS/BOLTS/BATTERIES/PAINT -BRUSHES/PAINT/ROOF CEMENT/RAKES/SCREEN/ DRILL/BATTERIES-PARKS DEPT -BATTERIES/KEYS/SCREWS/BRACKETS/ROPE/PAINT 85.65 -THINNER/SCREWDRIVERS/PAINT/BRUSHES/KNIFE/ WATER SEAL-PUBLIC SAFETY TAPE/LOCKS/DUCT TAPE-SEWER DEPT 67.96 -PAINT/BRUSHES/PAINT THINNER/SPRAYER/GAS 307.70 -CAN/BROOM/BOLTS/RODS/WASHERS/SNOWPLOW EQUIPMENT-STREET DEPT -BATTERIES/SCREWS/ADAPTORS/SCREWDRIVERS/ 72.47 VALVES-WATER DEPT PRINTING-HISTORICAL CULTURE 10.50 SAND-STREET MAINTENANCE 46.50 -TELEPHONE REPAIRS DUE TO STORM DAMAGE/ 1102.50 SURGE PROTECTOR-CITY HALL COUPLINGS/OUTLET-PUBLIC WORKS BUILDING 26.96 MINI CASSETTE RECORDER-POLICE DEPT 39.95 EVIDENCE BAGS-POLICE DEPT 39.25 CLEANING SUPPLIES-PARKS DEPT 110.35 SOFTBALL OFFICIAL/FEE PD 58.00 -EQUIPMENT RENTAL-STREET DEPT/DRIVE 376.22 COUPLER-EQUIPMENT MAINTENANCE RESCUE EQUIPMENT REPAIRS-FIRE DEPT 62.00 PARTS-WATER DEPT 41.84 MOTOR REPAIRS-SEWER DEPT 96.85 REFUND-BUILDING PERMIT 300.00 TEEN VOLUNTEER WAGES 58.50 117143492 AUGUST 18,1987 36848 36849 1;rq5° 51 6852 36853 36854 36855 ROBERT RYAN RYANS RUBBER STAMPS SATELLITE INDUSTRIES INC SAVOIE SUPPLY OD INC RICK SCHOEN SCHMIDT READY MIX INC MARK SEAVALL SETTER LEACH & LINDSTROM INC 36856 SEXTCW DATA PRODUCTS INC 36857 SHAKOPEE FORD INC 36858 SIMPLEX TIME RECORDER CO 36859 STEVEN R SINELL 36860 SMITH DIVING 36861 SMITH DIVING 36862 W GORDON SMITH CO 36863 SNYDER DRUG STORES INC 36864 SODERQUIST SERVICES INC 36865 SOUTHWEST AUTO SUPPLY INC 36866 36867 36868 I 59 ‘- J70 SOUTHWEST SUBURBAN PUBLISH INC SOUTHWEST SUBURBAN PUBLISH INC SOUTHWEST SUBURBAN PUBLISH INC EMMETT STARK STATE OF MN 36871 STATE TREASURER 36872 THE STORYTALERS 36873 SUSAN STRAND 36874 STREICHERS PROFESSIONAL POLICE 36875 VICKI SYSLO 36876 VICKI SYSLO 36877 TARGET 220 36878 TARGET 220 36879 TASTE OF ITALY 36880 TENNANT COMPANY 36881 TENNESSEE CHEMICAL CO 36882 TROPICAL SNO OF MN 36883 TWIN CITY OXYGEN CO 36884 TWIN CITY TESTING 36885 UNIFORMS UNLIMITED 36886 UNIFORMS UNLIMITED 36887 UNITOG RENTAL SERVICES 36888 UNIVERSITY OF MINNESOTA 36889 USA TODAY ( 36890 VALLEY INDUSTRIAL PROPANE INC q91 )2 VIKING LABORATORIES INC VAUGHNS INC HOCKEY OFFICIAL/FEES PD 88.00 RUBBER STAMP-UTILITY BILLING 33.00 PORTABLE RESTROOMS-PARKS DEPT 1271.58 CLEANING SUPPLIES-PUBLIC WORKS BUILDING 183.96 HOMEY OFFICIAL/FEES PD 82.50 BLACKTOP-STREET MAINTENANCE 120.26 REFUND-BUILDING PERMIT 1798.00 -JUNE 87 SERVICE-NEW FIRE STATION & 30719.00 COMMUNITY CENTER FINNS-COMMUNITY CENTER 49.15 -WINDOW MOTOR/DOOR SWITCH/PATCHED WHEEL 2066.07 -HOUSE & GAS OUTLET HOSE/REAR VIEW MIRROR/ -FRONT & REAR AXLE REPAIRS/REPAIRED DOOR AND REPAINTED DOOR -EQUIPMENT MAINTENANCE RECORDER REPAIRS-COMMUNITY CENTER 72.00 JULY 87 EXPENSES 401.75 SCUBA DIVING INSTRUCTOR/FEE PD 320.00 EQUIPMENT RENTAL-COMMUNITY CENTER 20.00 -GEAR LUBE/CORE/BATTERIES/UNLEADED FUEL 3237.31 $2904.97-EQUIPMENT MAINTENANCE SUPPLIES-COMMUNITY CENTER 34.02 SERVICE-FORESTRY DEPT 225.00 -COUPLINGS/SHOCKS/BELTS/TRANSMISSION KIT/ 1431.35 -SWITCHES/SOCKETS/COIL/FILTERS/HYDRAULIC DISC/MUD FLAPS/BATTERIES ADS-COMMUNITY CENTER 612.36 JULY 87 LEGAL ADS 2657.47 ADS-LIQUOR STORE 437.19 SERVICE-COMMUNITY BAND/FEES PD 872.25 -AIR TANK CERTIFICATES-WATER TREATMENT 45.00 PLANT & POLICE STATION JUNE 87 BUILDING SURCHARGE 7532.58 THEME IN THE PARKS-HISTORICAL CULTURE 150.00 TEEN VOLUNTEER WAGES 21.60 EQ SUPPLIES-POLICE DEPT 20.60 EXERCISE CLASS INSTRUCTOR/FEES PD 120.00 AQUA AEROBICS INSTRUCTOR/FEES PD 210.00 -SUPPLIES FOR YOUTH BASKETBALL-COMMUNITY 23.94 CENTER -PHOTO ALBUM INSERTS-PLANNING DEPT/FILM 68.78 PROCESSING-COMMUNITY CENTER EXPENSES-FIRE DEPT 70.11 STREET SWEEPER-PARK MAINTENANCE 24922.14 CHEMICALS-WATER DEPT 4612.91 CONCESSION STAND SUPPLIES-COMMUNITY CENTER 205.34 OXYGEN CYLINDER-EQUIPMENT MAINTENANCE 50.43 SERVICE-VALLEY VIEW ROAD 1123.00 UNIFORMS-POLICE DEPT 934.45 UNIFORMS-FIRE DEPT 1118.45 UNIFORMS FOR CITY DiniMEES 1693.85 STUDY OF ROUND LAKE 1125.00 ADS-LIQUOR STORE 25.00 GAS CYLINDERS-COMMUNITY CENTER 127.95 FLAG POLE & INSTALLATION-CITY HALL 970.00 CHEMICALS-COMMUNITY CENTER 799.00 9270235 36893 36894 895 1, 896 j6897 36898 36899 VOSS ELECTRIC CO KARI WAHL WALDOR PUMP & EQUIP CO CLARK WALLIER ?ODD JAY WALTERS HERMAN WARTNIM WATER PRODUCTS CO 36900 PAUL WELIN 36901 WESTERN DESIGN & PRINTING 36902 WILSON TANNER GRAPHICS 36903 ANNE NOLL 36904 YOUNGSTEDTS INC 36905 XEROX CORP 36906 ZIEGLER INC 546809 AUGUST 18,1987 LIGHT BULBS—PUBLIC SAFETY BUILDING MILEAGE PUMP REPAIRS—SEWER DEPT SOFTBALL OFFICIAL/FEES PD REFUND—LICENSE FEE SOFTBALL OFFICIAL/FEES PD —WATER METER MEASURING CHAMBER/GASKETS/ —PIPE EXTENSIONS/CURB BOX KEY/SWIVEL ADAPTORS/DOUBLE ADAPTORS—WATER DEPT SOFTBALL OFFICIAL/FEES PD BUSINESS CARDS—PCLICE DEPT LETTERHEAD—CITY HALL TEEN VOLUNTEER WAGES WHEEL ALIGNMENT—EQUIPMENT MAINTENANCE JUNE 87 MAINTENANCE AGREEMENT—FIRE DEPT —GASKETS—EQUIPMENT MAINTENANCE/ENGINE REPAIRS—WATER DEPT 27.36 43.75 3046.30 493.00 15.00 29.00 545.66 217.50 68.00 350.00 60.08 29.00 91.00 452.44 $3025503.56 DISTRIBUTIONS BY FUND 10 GENERAL 11 CERTIFICATE OF INDEBT 1 ? CERTIFICATE DEBT FD LIQUOR STORE-P V M t7 LIQUOR STORE-PRESERVE 30 CASH PARK FEES 31 PARK ACQUIST & DEVELOP 33 UTILITY BOND FUND 39 86 FIRE STATION CONSTRUCT 40 86 FIRE STATION DEBT 44 UTILITY DEBT FUND 45 UTILITY DEBT FD ARB 48 82 G 0 DEBT-P/S & P/W 51 IMPROVEMENT CONST FD 55 IMPROVEMENT DEBT FUND ARB 73 WATER FUND 77 SEWER FUND 87 CDBG FUND 91 T I F DEBT FUND $3025503.56 285523.39 26569.64 41056.23 14583.39 17342.05 105.00 15656.72 475123.01 30109.07 109443.57 61497.74 95843.57 129243.76 570952.75 130954.18 42536.31 156903.89 1117.50 820941.79 -MEMORANDUM- TO: Mayor and City Council FROM: Eugene A. Dietz DATE: August 13, 1987 RE: Special Assessment Deferments As a result of conversations with the city attorney, city manager and city council, this memorandum is written to summarize my recommendations regarding policies for deferment of special assessments for homesteaded parcels; 1. Assess entire street and drainage costs upon completion of contract. This would include a prorated cost for all fees and design work. 2. Exclude the homesteaded parcels from the assessment district for sanitary sewer and watermain for a period of five years or until connection. As discussed, it is not possible to add interest to the future assessment. By following this process, we are actually deferring the assessment process rather than deferring the actual assessment itself. While this may seem like the same thing, we are confident that the statutory provisions will allow assessing sewer and water at a future date without the technical problems of a deferred assessment for developed, homesteaded property. 3. Eliminate the $1,000.00 credit in favor of item #2 above. Historically, the City has provided a $1,000.00 credit against utility installation in an effort to recognize the investment a homeowner places in a private well and septic system. The five-year exclusion more than offsets the elimination of the $1,000.00 credit. 4. Continue to assess trunk sewer and water at the rate of $520.00 for the first 1/2 acre of the homesteaded parcel at time of connection (concurrent with item #2 above). The balance of the property (if larger than 1/2 acre) would be assessed at the prevailing trunk rates at time of development. 5.- Finally, increase the assessment period from 17 years to 20 years for all special assessment projects except 100% petitions which will remain at 5 years. In addition to the recommended policies listed above, we will continue to offer deferments for disability, senior citizens, green acres and trunk sewer and water deferral for undeveloped property. I will be available at the council meeting to answer additional questions. EAD:ss cc: Carl Jullie Roger Pauley Legion Park CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 32-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the 1-2 and I-General Districts and be placed in the Community Commercial District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the 1-2 and I-General Districts and shall be included hereafter in the Community Commercial District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph 8, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of August 18, 1987, entered into between the Everett McClay Legion Post #409 and the City of Eden Prairie, that certain Developer's Agreement dated August 18, 1987, entered into between R. M. Feerick Associates and the City of Eden Prairie, and that certain Owner's Supplement to Developer's Agreement, between Thompson Lumber Company and the City of Eden Prairie, dated as of August 18, 1987, which Agreements and Owner's Supplement are hereby made a part hereof. SeCtion 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of June, 1987, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 18th day of August, 1987. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of GUIDE PLAN AMENDMENT & ZONING DISTRICT CHANGE 'sot sett of roe eeeeee ing ...bed ;sestets of lands tet 4. P1007 I. trte lllll II loCCSTSIAL es., Bccorelng to the reeotded plot theseot. h eeeeeee County. ni Shot pest et woe e.at half of tne north... C. eeeee ot Sees.. ir. II. ..... . eenge 21 oest of she sth es .... nesIdten. ..... psn county. olonsmet* ..... bed es eeeee .s. et • polls on toe oest line ot sold fast holt of the oettheast Coester of said Section 17, distant 177.4 !rot nostn (too the Soutn.est Sooners thence rest st sight ...... Item "Id oest line • distance 07 311.1 feet; thence north. potallel with said oast line, s diStanco of 151 feet, teens* ...., et sight anti... • dIstenco Of 176.4 feet to Seld heft line; thence south, 41001 said welt lino. 1.130 Point of beginning. That part of the Soothe!. Ou ..... of the SoItheast C..ster of Section 17, Township 116 cottb. Sense 22 nest of the 5th ININcipol nesIdioN. COunty. ... 1 ..... described es tollows1 C eeeeee Ins es • eeeee In the test Ille of sold Section 37, Olsten. 26.S2 feet north !too toe Soutmesei tot,. of the Nostheeet C 77 f. Sett, eeee C eeeeee of Snction 171 thence South 41 degseeS 44 eeeeeee west • distance et 317.117 feet f eeee 'ins said f•st line Is beast, 007th end Smuthi; thence South 611 decrees 12 ni 56 Seconds oust • ditto,. Of 112.12 ttttt thence South 77 degfees 71 ...stet 51 uest • d ttttt se of 441.17 feels thence Soutn 41 degrees SS min... 2111 Seconds West • dietonce of 307.57 Seat. east of lest. te on ttttttt ctlos with • line esso.h west et right •note, to the oest line of sold Southeast et the settnern tttttt from • point on "Id oest line 747.4 feet nosth Iron the Southoest cos,• of sold C of the Vetches., cu ttttt for the point of beglmniss of the It'd to be described; :Fence cont.., south 47 degrees SS el ttttt seconds ores to he fest line of a notthosouth highway sunning along ths oest I Inv •I said South•ast C tttttt the So, th••st : . thence elan, se1d Cost lino e d ttttt ce of 42.3 feet. este er leis to the South line et sold Sou t N tttt cuester of the ttttttttt CV tttttt thence ttttt along sold south line. • of ff. feet. to • potnt 4 SS :get n ttttttt terly. et right angles. from the center lIre of the nein ts•Ct of the ChIcese and tostooestisto 11117117 Co pen, If the •Ilweopet Is 4 5t. Lewis Ralloey CeeP•ny). es new located omd estoblIshed; thence 510150.55.7 30. pessalel with sold c ttttt line, to • P tt t en • II.. tttt at ttttt t• arid cent•r I In* through tete Point Of be9inn ttttt h t n tt north tttttt ly. sloes ssid tight angle Ilne. to the point of beginning. in.5 post et the South... 10 ttttt of the Northeast 50 ttttt of Session U. township III. Sense 72, mennesin (0 ttttt Binn d ttttt bed es follows, Como t 1 tt r t et the intesseetlen et the fa. Iine of Count, ma. ea. 4 the South line et assid Southeast Cu the Solthemst C themes nottheely. siong tti, tnt Ii,., • d ttttt co et 72 47 feet to the point of beeinnIns of tee Psosesry to be 4 ttttt beat thane. to tttttt ng noethewiy. along sole 333n3 Of way lino • distance of 7,1411 tee" thence ight engles to sold tight of woy line • dIstence of 717. thence south ttttttt y to the point of b union II.. tttttttt y of the (allowing described lines SoulS ii 85 II Cot...seine et the ttttttt ctlon of the rest richt of vs, lime ca t t - sold Soot line, • distance of 470.11 feet to the *0111 .1 beg t n tt ma ot toe lime re be detcflbeds thence tttttttt es sight engles to said Sett tight Sr ooy Ilne • 4ISta%te of 215,11 feet/ 1110118, 070T7e137 dletance of 67.54 feet along • tong t ttt 1 scare te the vosth ttttt so1d curve howl, • of 4 .ee feet and • tttttt angle of oa eerier. ea al ttttt CS seconds; thence tttttttt , not tengent to soid c ttttt alons • line dssion at right enolee to Sala Last richt ot oey I ine • ttttt net el 64.117 feet.; thence south ttttttt y olong ille diewn et tient sngles to the tttt h tt ly lime of sold • to geid nowtherly Ilne and sold lihe the. • PRELIMINARY PLATTING tot 4, BloCk 1, EOCN PPAIRIf INCUSTbiAL We, according to the reCoide plat t7ere0f. Hennepin County, Minnesota. That part of the EaSt half of the Northeast Quarter of Stetion 17, Township 116 north, Pang. 72 west of the 5t0 Principal :series..., Hennepin County. Minnesota described as follows: aCainning at a point on the WeSt line of said 4,48 8.317 of the NOitheast Quarter of Said Section 17, distant 167.9 1715 nosth I,,. the Southwest corner( thence East at right angles from said West line • diStanCe of 178.4 feet, thence north. psrallei with said WeSt line, a distant, of 150 feet( tftlfe went, at right angles, a distance of 170.4 feet to said West line, thence south, along said West line, to the point of beginning. That part of the Southeast Quarter of the NOrthesSt Quartet of Section 17, Township 116 north, Range 22 West of the Ith Principal Meridian, Hennepin County, Minnesota described as follows( Coe:rending et point in the East line of said Section 17, distant 24.02 feet north fro, the Southeast eoroor ot the northeast cuarter of the Northeast Quarter ot Section 17; thence South 41 degrees 46 minutes West a distance of 737.87 feet (aSSUning said fast line Is bearing North and south): thence South 60 degrees 72 minutes 50 seconds West a distance Of 222.93 feet; thence Sewth 39 degrees 21 ,InureS 50 seco,ds west a distance of 441.13 feet, thence South 41 degrees 58 minutes 20 Seconds West • distance of 472.51 feet, note Of less, to an intersection with a line drawn eaSt at right angles to the West line of said Southeast :warts, of the Northeast Quarter from a point on said West line distant 362.9 feet north from the Southwest corner of said Southeast Cuarter -f the Northeast Quartet for the point of boginolng of the land tube deScribeds thence Continuing South 43 degrees 58 ,inutes 2: seconds West to he East line of a notthvsouth higNway running along the West lime of said Southeast Quarter of 847 VottheaSt Quarter; thence south along Said Past line a distance of 42.9 feet, nose or less, to the South line of said Slutheast ;wafter of the Northeast Clatter; thence east, along said south li^e. • distance of 60.6 feet, to a point distant 50 feet northwfstesly, measured et right angles. frcm the center line of the main track of the Chicago and Northwestern aail-ay Company (formerly the Minneapolis 4 St. Louis 0.il.ay Co-pany), as now located and established; thence northeasterlY. parallel with said Center line, to a point on a line 400.0 at right angles to Said centerline through the point of becinni.g, thence northw ttttt ly, along said right angle line, to the point of beginning. That part of the Southeast Cuatter of the Northeast Quartet of Section 17. Township 116. Range 72. He nnePin CnuntY. 031 nn, sn described as fellows, CoemenCIng at the InterSection of the Cast line of Ceunry Prod No. 4 and the South line of said Southeast C,arter of tNe ror thee st (Warta, thence northerly. along said East line. a diStanee Of 72. 42 feet to the point of beginning of the psopesty to be described; thence continuing nort,fly. along Sold right of say line a distance of :93.09 feet, t,,Ice e AS terly at right amgles to said right et -ay line distance 01 2(9.72 feet; thence southwesterly to the Point of begsnni'l. Legion Park DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1987, by the Everett McClay American Legion Post #409, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Comprehensive Guide Plan Amendment from Industrial to Community Commercial on 2.9 acres, Zoning District Change from 1-2 and I-General to Community Commercial on 2.9 acres, with variances reviewed by the Board of Appeals, for construction of a 14,300 sq. ft. structure for banquet facility and restaurant purposes, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the property;" NOW, THEREFORE, in consideration of the City adopting Ordinance #32-87, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall develop the property in conformance with the materials revised and dated June 10 and June 11, 1987, reviewed and approved by the City Council on June 16, 1987, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to issuance of any permit for grading or building on the property, Developer agrees to submit to the Building Department and obtain the Building Department's approval of plans for demolition and/or removal of existing structures, and septic systems on the obtain the Building Department's approval of plans for demolition and/or removal of existing structures, and septic systems on the property. Upon approval by the Building Department of said p l a n s f o r demolition and/or removal, and prior to demolition o r r e m o v a l , Developer shall provide to the City a certified ch e c k i n t h e amount of $1,000.00 to guarantee the restorati o n o f t h e property to grade. Developer agrees to compl e t e s a i d demolition and/or removal prior to release of any o c c u p a n c y permit for the property. City agrees to return said certified check to Develo p e r a f t e r the demolition or removal on the property is compl e t e d a n d after it is verified by City that the structures , a n d / o r septic systems have been properly removed or demolis h e d , a n d that the property has been restored to grade as de t e r m i n e d appropriate by City in its sole discretion. 4. Prior to issuance of any permit for grading, or build i n g , u p o n the property, Developer shall submit to the City Engin e e r , a n d receive the City Engineer's approval of plans for s t r e e t s , sanitary sewer, water, storm sewer, and erosion con t r o l f o r the property. Upon approval by the City Engineer, Developer shall c o n s t r u c t those improvements listed above in said plans, as app r o v e d b y the City Engineer, in accordance with Exhibit C, a t t a c h e d hereto. 5. Developer agrees to notify the City and the Watershe d D i s t r i c t at least 48 hours in advance of any grading, or tre e r e m o v a l , on the property. Prior to issuance of any permit for grading upon the p r o p e r t y , Developer agrees to implement erosion control mea s u r e s a n d adequate protective measures for areas to be pres e r v e d a n d areas where grading is not to occur, and to ob t a i n C i t y approval of said measures. Prior to approval by the C i t y , t h e Developer must call for on-site inspection of the p r o p e r t y b y the City, and defects in materials and workmansh i p i n t h e implementation of said measures shall then be det e r m i n e d b y the City. Defects in materials or workmanship shal l t h e n b e corrected by the Developer, reinspected and approv e d b y t h e City prior to issuance of the grading permit by t h e C i t y . Approval of materials and workmanship may be subje c t t o s u c h conditions as the City may impose at the time of acceptance. 6. Developer agrees to confine grading to that ar e a o f t h e property within the construction limits as shown on E x h i b i t B . Developer shall place snow fencing at the constructi o n l i m i t s within the wooded areas of the property prior to an y g r a d i n g upon the property. Prior to issuance of any grading permit, Developer shall submit to the Director of Planning and obtain the Director's approval of a tree inventory of those trees within the construction area and within 25 ft. outside of the construction area, indicating the size, type, and location of all trees twelve (12) inches in diameter, or greater, at a level 4.5 feet above ground level. If any such trees are removed, damaged, or destroyed outside of the construction area, Developer agrees that prior to issuance of any building permit for the property, Developer shall submit to the Director of Planning, and obtain the Director's approval of a reforestation plan for all trees removed, damaged, or destroyed outside of the construction area. Developer further agrees that said trees shall be replaced by similar tree species and that the trees used for reforestation shall be no less than three inches in diameter. The amount of trees to be replaced shall be determined by the Director of Planning, using an area inch per area inch basis, according to the area of the circle created by a cross sectional cut through the diameter of a tree as measured 4.5 feet above the ground. If a tree reforestation plan is required, Developer agrees that, prior to issuance of any building permit, Developer will submit a bond, or letter of credit, guaranteeing completion of all tree reforestation work as approved by the Director of Planning. The amount of the bond, or letter of credit, shall be 150% of the approved estimated cost of implementation of all tree replacement work and shall be in such form and contain such other provisions and terms as may be required by the Director of Planning. Developer agrees to prepare and submit for approval to the Director of Planning a written estimate of the costs of the tree replacement work to be completed. Upon approval by the Director of Planning, Developer shall implement those improvements listed above in said plans, as approved by the Director of Planning. 7. Prior to issuance of any permit for occupancy of the property, Developer agrees to submit to the City a copy of an access agreement between Developer and owners of the property to the north which allows developer to access the property from a private drive, as depicted in Exhibit B, attached hereto. Developer agrees that said access agreement shall be filed with Hennepin County on the property and that Developer shall provide proof of filing of said document to the City prior to occupancy of any structure on the property. Legion Park DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1987, by R. M. Feerick Associates, Inc., a sole proprietorship, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Comprehensive Guide Plan Amendment from Industrial to Community Commercial on 2.9 acres, Zoning District Change from 1-2 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, for purposes of construction of a banquet facility/restaurant at this time, and construction of two industrial uses at a future date, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the property;" NOW, THEREFORE, in consideration of the City adopting Ordinance #32-87, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall develop the property in conformance with the materials revised and dated June 10, 1987, reviewed and approved by the City Council on June 16, 1987, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to any issuance of any permit for grading or building on the property, Developer agrees to submit to the Building Department and obtain the Building Department's approval of plans for demolition and/or removal of existing structures, and septic systems on the property. Prior to demolition or removal, Developer shall provide to the City a certified check in the amount of $1,000.00 to guarantee the restoration of the property to grade. Said demolition and/or removal and restoration shall then be completed by Developer. City agrees to return said certified check to Developer after the demolition or removal on the property is completed and after it is verified by City that the structures, and/or septic systems have been properly removed or demolished, and that the property has been restored to grade. 4. Prior to issuance of any permit for grading, or building, upon the portion of the property proposed for Industrial use, Developer agrees to submit to the City and to obtain the City's approval of plans for the private street on the property. Developer agrees that said private street shall be constructed to City standards and specifications. Developer further agrees to provide for a cross access agreement for use of said private street to allow combined access to County Road #4 for each of the lots of the property, as depicted in Exhibit 13, attached hereto. Prior to issuance of any permit for grading, or building, upon any of the property, Developer shall file said agreements on the property with Hennepin County, and provide proof of filing of said agreement(s) to the City. 5. Prior to issuance of any building permit upon the property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, storm sewer, and erosion control for the property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 6. Developer shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. 7. Prior to issuance of any permit for grading or building on the portion of the property proposed for Industrial use, Developer agrees to submit to the City Planning Commission for review and recommendation, to the City Council for review, and obtain the City Council's approval of information for site plan review for the individual lots, including, but not limited to, architectural elevations, site plans, grading plans, landscaping plans, tree inventory plans, and other plans as may be required for buildings to be construted upon the property. The City's review process in this respect shall be consistent with that customarily afforded to all other developers of 1-2 zoned property requiring site plan review prior to issuance of building permits. Legion Park OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN R. M. FEERICK ASSOCIATES AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1987, by and between Thompson Lumber Company, a Minnesota corporation, hereinafter referred to as "Owner," and the City of Eden Prairie, hereinafter referred to as "City:" For and in consideration of, and to induce, City to adopt Ordinance #32-87 changing the zoning of the property owned by Owner to the Community Commercial District, as more fully described in that certain Developer's Agreement entered into as of gli6v , 1987, by and between R. M. Feerick Associates and City, Owner agrees with the City as follows: 1. If the R. M. Feerick Associates fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning Qf the property to the previous zoning. 4 2. This Agreemtht shall be bin mg upon and enforceable against Owner, their successors, heirs, and assigns of the property. 3. If the Owner transfers such property, Owner shall obtain an agreement from the transferree requiring that such transferee agree to the terms of the Developer's Agreement. CITY Gary D. Peterson, Mayor Carl J. Jullie, City Manager Legion Park CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-242 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 32-87 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 32-87 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of August, 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. 32-87, 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. 32-87 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 August 18, 1987. airy D. Peterson, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-238 A RESOLUTION APPROVING FINAL PLAT OF LEGION PARK WHEREAS, the plat of LEGION PARK 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 LEGION PARK is approved upon compliance with the recommendation of the City Engineer's report on this plat dated AUGUST 17, 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 AUGUST 18, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clit=k CITY OF EDEN PRAIRIE ENGINEERING REPORT 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: August 17, 1987 SUBJECT: LEGION PARK PROPOSAL: The Developers, R.M. Ferrick Associates, have requested City Council Approval of the Final Plat of Legion Park. Located North of the Chicago and Northwestern Railroad, East of County Road 4 in the North 1/2 of Section 17, the site contains 9.33 acres to be subdivided into three lots, one outlot, and road right-of-way dedication along County Road #4. Outlot A contains a private drive cul-de-sac. Lot 3 is the present site of the American Legion Post 409 and is proposed to be the site of a new Legion building. The two other lots are proposed for industrial type uses. HISTORY: The Preliminary Plat was approved by the City Council June 16, 1987, per Resolution No. 87-172. Resolution No. 87-171 amending the comprehensive municipal plan on 2.9 acres from Industrial to Community Commercial was approved by City Council June 16, 1987. The Developer's Agreement referred to within this report is scheduled for execution August 18, 1987. VARIANCES: Lot size and lot width variances were granted over Lots 1, 2, and 3, all other variance requests must be processed through the Board of Appeals. STREETS & UTILITIES: All municipal utilities will be installed throughout the , plat in conformance with City Standards. Prior to release of the Final Plat, the developer shall provide the City Engineer with final construction plans for sanitary sewer, water, and storm sewer, and receive City Engineer's approval of plans. Outlot A is a private drive cul-de-sac. Drainage and utility easements shall be shown over Outlot A to cover sanitary sewer and watermain. Because Outlot A does not meet City Standards for a public street, developer should note that the City will not accept ownership and maintenance of Outlot A, presently or in the future. Developer shall provide the City with a plan describing ownership and maintenance responsibilities for Outlot A, and the private segments of the storm sewer system. PAGE 2 LEGION PARK AUGUST 17, 1987 The developer is referred to a Preliminary Engineering Report dated April 20, 1987. Said report will be used as a guidline in the review and approval process of the final construction plans for utility Improvements. As noted in the April 20, 1987 report, the watermain is to be looped to Lincoln Lane or Fuller Road. Hennepin County has requested an additional 10 feet of right-of-way dedication along County Road 4, for the eventual upgrading of that roadway. Prior to release of the Final Plat, plat shall be revised to show 50 feet of right-of-way from the center of County Road 4. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. BONDING: Bonding will conform to City Code and the Developer's Agreement. RECOMMENDATION: Recommend approval of the Final Plat of Legion Park subject to the requirements of this report, the Developer's Agreement, and the following: 1. Receipt of street sign fee of $239.00 2. Receipt of street lighting fee of $768.00 3. Receipt of Engineering fee of $935.00 4. City Engineer's approval of construction plans 5. Revision of plat to 50' right-of-way dedication along Co. Rd. 4 6. Revision of plat to include drainage and utility easements over Outlot A. 7. Receipt of plan describing ownership and maintenance responsibilities of Outlot A and private storm sewer system. JJ:ss cc: R.M. Ferrick Associates Brian Olson, Krueger 8 Associates