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HomeMy WebLinkAboutCity Council - 09/01/1987 EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 1, 1987 7:30 PM, CITY HALL COUNCIL CHAMBERS, 7600 Executive Drive COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Linda Jacobson PLEDGE OF ALLEGIANCE ROLL CALL OFFICIAL SIGNING OF THE CONSTITUTION BANNER I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES OF REGULAR CITY COUNCIL MEETING HELD TUESDAY, AUGUST Page 2236 4 T9T7 — — III. CONSENT CALENDAR A. Clerk's License List Page 2236 B. 2nd Reading of Ordinance No. 43-87, Park Use Ordinance Amendment — C. Receive 100% Petition for Street and Utility Improvements for Page 2239 the Extension of Windsor Terrace in J.L. Subdivision and authorize preparation'of Plans and es Specifications Rolution No. 87-243 — D. Authorize permit application for connection to MWCC Sanitar Sewer Page 2242 Interceptor for International School Resolution No. 87-244 E. CITY WEST HOTEL, Kahler Corporation. Request for extension of Page 2243 Developer's Agreement to August 6, 1988. F. Resolution No. 87-253 authorizing_ refunding of $763,000 of Page 2245 Municipal Industrial Development Bonds for Minnesota Supply Com an i G. 1st Reading of Ordinance No. 47-87 amending City Code Section Page 2250 � which regulates the terms for the Historical & Cultural Commission H. Final Plat approval for W ny dham Crest Addition East of Dell Page 2253 Road on extension of Tristram Way) Reso—lotion No. 87-246 . 5. City Council Minutes - 2 - Tues.,September 1, 1987 I. WYNDHAM CREST, by Burl Corporation. 2nd Reading of Ordinance Page 2256 37-87, Zoning District Change from Rural to R1-13.5; 1 Approval of Developer's Agreement for Wyndham Crest; and Adoption of Resolution #87-248, Authorizing Summary of Ordinance #37-87 and Ordering Publication of Said Summary. 27.9 acres into 25 single family lots, 1 outlot, and road right-of-way. Location: West of Purgatory Creek, east of Tristram Way. (Ordinance #37-87, Rezoning; Resolution #87-248, Authorizing Summary & Publication) IV. PUBLIC HEARINGS A. ROGER'S BODY SHOP, INC., by Roger L. Lindeman. Request for Zoning Page 2264 District Change from Rural to I-2 on 1.68 acres with variances to be reviewed by the Board of Appeals, and Preliminary Plat of 1.91 acres into one lot and road right-of-way for construction of an auto body shop. Location: Highway #169 across from the Hennepin County Vocational Technical School. (Ordinance #44-87, Rezoning; Resolution #87-249, Preliminary Plat) B. BLUESTEM HILLS 4TH ADDITION, by Brown Land Company. Request for Page 2280 Planned Unit Development Concept Review on 15.94 acres, Planned Unit Development District Review on _5.94 acres with variances, Zoning District Change from Rural to R1-13.5 on 10.57 acres with Shoreland variance to be reviewed by the Board of Appeals, Zoning District Amendment within the R1-13.5 District on 5.36 acres, and Preliminary Plat of 15.94 acres into 27 single family lots, 3 outlots, and road right-of-way. Location: West of Bennett Place and Bluestem Lane. (Resolution #B7-250, PUD Concept; Ordinance #45-87-PUD-11-87, PUD District and Zoning District Change; Resolution #B7-251, Preliminary Plat) C. INSULATION DISTRIBUTORS INC., by Welsh Companies, Inc. Request for Planned Unit Development District Review on 100 acres with Page 2312 variances, Zoning District Change from Rural to I-2 on 2 acres for construction of a 30,672 square foot office/warehouse. Location: South of Valley View Road on Equitable Drive. (Ordinance #46-B7- PUD-12-87, PUD District and Rezoning) V. PAYMENT OF CLAIMS VI. ORDINANCES & RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Hoyt Development for a dual address for its Page 2325 Technology Park IV building B. PRAIRIE VIEW ASSOCIATES, by Prairie View Associates for Preliminary page 2329 Plat of 16.18 acres into 3 lots and road right-of-way with variances to be reviewed by the Board of Appeals. Location: Northeast corner of Prairie Center Drive and Plaza Drive. (Resolution #87-252, Preliminary Plat) C. Request for Liquor License �y Snax Fifth Avenue Page 2334 VIII. REPORTS OF ADVISORY COMMISSIONS City Council Agenda - 3 - Tues.,September 1, 1987 IX. APPOINTMENTS { A. Appointment of member to Historical & Cultural Commission to fill an unexpired term to 2 28/89 E B. Confirm appointment of Mayor Peterson to the Corridor Advisory Page 2335 og d �ee as regueste the Hennepin County Regional Rairroad Authority C. Appointment of 3 citizen members to the Southwest Corridor " Advisory Committee X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Set special meeting for September i. 1987 at 4:00 PM to include discussion on the City's Emergency 2'eratin9 Plan to be fol owed t a closed meeting to discuss landfill litigation and contests B. Report of City Manager I. Award Contract for construction of Fire Stations C. Report of City Attorney 1 D. Report of Director of Planning E. Report of Director of Community Services F. Report of Director of Public Works XI. NEW BUSINESS XII. ADJOURNMENT i i /CITY OFFICES 1 7600 EXECUTIVE DRIVE j EDEN PRAIRIE,MN 55344.2499 1 TELEPHONE(612)937.2262 1 MEMORANDUM , DATE: August 25, 1987 TO: Mayor and City Council J FROM: Kari Wahl and Bicentennial Committee t� RE: Signing of Constitution Banner The Bicentennial of the U.S, Constitution Committee has acquired a large 4� x 9; foot banner that will be on display at Sunbonnet Day, September 13th, and possibly at City Hall and the High School for Eden Prairie residents to sign. The committee would first like to have an official "signing" of the Constitution banner by Mayor Peterson and the City Council at the September 1, 1987 Council meeting, Thomas Howden, Bicentennial Com- mittee Chairperson, will be at the September 1st Council meeting to represent the Committee. Also, Mark Weber of the Eden Prairie News will be available to take photographs of the "signing" in order to promote Eden Prairie as a Bicentennial Community. 5 y q. City Council Minutes 1 August 4,1987 's UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,AUGUST 4,1987 7:30 P.M.,CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson } George Bentley,Jean Harris,and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J.Jullie,Assistant to the City Manager Craig Dawson,City Attorney Roger Pauly,Finance Director John D.Frane,Director of t Community Services Robert Lambert,Director of Public Works Eugene A. Dietz,and Recording j Secretary Linda Jacobson I. PLEDGE OF ALLEGIANCE t ROLL CALL: All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: X.A. 1. Pidcock- Discussion on budget process;X.A.2. Peterson-Schedule workshop to go through Emergency Operating Plan and Code; X.A.3. Harris-1-494 Corridor Workshop;X.A.4. Anderson- Report on storm damage to the City;XI.Jullie- School Board meeting for August 18,1987 at 5:30 p.m. MOTION: Anderson moved,seconded by Bentley,to approve the Agenda and Other Items of Business,as amended and published. Motion approved 5-0-0. II. MINUTES A. Regular City Council Meeting held Tuesday Julx21 1987 MOTION: Pidcock moved,seconded by Bentley,to approve the July 21, 1987 City Council Minutes. Motion approved 5-0-0. III.CONSENT CALENDAR A. Clerk's License List City Council Minutes 2 August 4,1987 i B. Award contract for oradina at Eden I ake School Willow Park and Homeward Hilts Park C. Final Plat aooroval for Thompson Addition(south of Valley View Road, east of County Road 4) Resolution No.87-214 D. Final Plat approval for Eclenvale Executive Center Four(south of Valley View Road,east of Executive Drive)Resolution No.87-215 E. Final Plat approval for Mount Curve Addition (east of W. 168th Avenue, south of North Manor Road)Resolution No.87-216 F. Final Plat aooroval for Mount CLLrye Addition (south of Mount Curve Road,east of Franlo Road)Resolution No.87-217 G. Resolution re uesting MWCC sewer connection permit for The Ridge 3rd Addition(Resolution No.87.218) H. JAY WALLACE ADDITION,by Jay Wallace. 2nd Reading of Ordinance #26-87,Rezoning from Rural to R1-13.5 on 1.23 acres;Approval of Developer's Agreement for Jay Wallace Addition;and Adoption of Resolution#87-180,Authorizing Summary of Ordinance#26-87 and Ordering Publication of Said Summary. Location: East of Franlo Road, north of Laurel Drive. (Ordinance 426-87,Rezoning;Resolution #87-180,Authorizing Summary and Publication) I. MAJESTIC OAKS,by All-Land Corporation. 2nd Reading of Ordinance #33-87,Rezoning from Rural to R1-13.5 on 5 acres;Approval of Developer's Agreement for Majestic Oaks Addition;and Adoption of Resolution#87-219,Authorizing Summary of Ordinance#33-87 and Ordering Publication of Said Summary. 5 acres into 12 single family lots. Location: East of West 168th Avenue,south of Manor Road. (Ordinance #33-87,Rezoning;Resolution#87-219,Authorizing Summary and Publication) J. TIMBER CREEK NORTH,by Timber Creek North Partnership. 2nd Reading of Ordinance#34-87-PUD-6-87, Planned Unit Development District Review on 89 acres with Zoning District Change from Rural to RM-6.5 on 14.9 acres,and from Rural to R1-13.5 on 44 acres with variances;Approval of Developer's Agreement for Timber Creek North; and Adoption of Resolution#87-220,Authorizing Summary of Ordinance i City Council Minutes 3 August 4,1987 #34-87-PUD-6-87,and Ordering Publication of Said Summary. 89 acres into 110 lots,3 outlots,and road right-of-way. Location: South of 1 County Road#67,west of Creek View Lane,north of Purgatory Creek. (Ordinance#34-87-PUD-6-87,Rezoning and PUD District;Resolution #87-220,Authorizing Summary;and Publication) `i K. MOUNT CURVE ADDITION,by Mount Curve Developers. 2nd Reading j of Ordinance#35-87,Rezoning from RM-6.5 to R1-13.5 on 2.24 acres; Approval of Developer's Agreement for Mount Curve Addition;and Adoption of Resolution#87-221,Authorizing Summary of Ordinance #35-87,and Ordering Publication of Said Summary. 2.88 acres into 5 single family residential lots. Location: Southwest corner of Franlo Road and Mount Curve Road. (Ordinance#35-87, Rezoning;Resoiution #87-221,Authorizing Summary and Publication) L. EDENVALE EXECUTIVE CENTER u by Equitable Life Assurance Society. 2nd Reading of Ordinance#36-87-PUD-7-87,Planned Unit Development District Review on 15.5 acres with Zoning District Change from Rural to 1-2 on 15.5 acres with variances;Approval of Developer's Agreement for Edenvale Executive Center Ii;and Adoption of Resolution #87-222,Authorizing Summary of Ordinance#36-87-PUD-7-87 and i Ordering Publication of Said Summary. 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. (Ordinance#36-87-PUD-7-87,PUD District and 1 Rezoning;Resolution#87-222,Authorizing Summary and Publication) 1 M. Adoption of Joint Power Aareement with Hgnne i rn for CDB Funds (Resolution#87-223,Adoption of Joint Powers Agreement) Bentley asks City Manager Jullie if Item B awarding a contract should be on the Consent Calendar. Jullie responded,"yes". Bentley asked if a roll call vote was needed for this item. Jullie said it's not necessary since this is not a public improvement contract that requires the typical forwarding process. MOTION: Harris moved,seconded by Pidcock,to approve Items A-M on the Consent Calendar. Motion approved 5-0-0. City Council Minutes 4 August 4, 1987 IV. PUBLIC HEARINGS A. WYNDHAM CREST,by Burl Corporation. Request for zoning District Change from Rural to R1-13.5 on 19.9 acres,Preliminary Plat of 27.9 acres into 25 single family lots,one outlot,and road right-of-way. Location: West of Purgatory Creek,east of Tristram Way. (Ordinance #37-87,Rezoning;Resolution#87-224,Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Don Patton,representing proponent,addressed the proposal. Robert Bjorklund,President of New Concept Homes,was available for questions. Planning Director Enger said the Planning Commission reviewed this item at the June 22nd Planning Commission meeting and the Commission continued this to July 27th asking proponent to provide a complete tree inventory. Enger said there are 5,000 caliper inches of hardwood trees on the entire site that are 12 inches or greater in size. Enger said the Planning Commission recommended approval on a 5-0 vote subject to changes recommended in Staff report of July 24th. Enger said approximately 30 percent of trees on site are being removed and under the City's tree replacement formula proponent would replace approximately 5 percent of these trees. Enger referred to Staff report of July 24th under"Staff Recommendations" 1.A.and said the current policy requires 250 percent bond;that this is a stronger effort to assure the developer installs the trees and not the City. Enger referred to Staff Report of July 24th under"Staff Recommendations"1. B.C. D. E.F. Enger mentioned Item F. Enger said that the proposed development falls within the conservancy area of the Purgatory Creek Study and that it's not possible to develop on the property without being within this area of the Purgatory Creek Study. That it makes preservation of floodplains and trees adjacent to the floodplain all that more important. t ,r r City Council Minutes 5 August 4, 1987 Enger referred to Item G under"Staff Recommendations"from Staff Report of July 24th and Staff suggests the developer bond for trees in questionable ars3s and t o,cnrough the developer's and builder's efforts every tree that was saved would be given credit against the projected number of trees. Enger referred to Item 2,3 and 4 of the Staff Report under"Staff Recommendations." Enger said the majority of trees that are represented as being saved perhaps can be saved by the use of retaining walls prior to construction on individual lots and Staff recommends that retaining walls that are saving those large treed areas be constructed with street construction. Enger referred to retaining walls and Staff is making changes in recommendations and recommends retaining walls not be over four feet high;that drainage be diverted around them,not over them;that retaining wall details be reviewed by the Engineering and Building Department and building permits be issued so they are structurally designed correctly. Enger mentioned that the Park,Recreational and Resource Commission has not reviewed this item and said there are a couple of Park and Recreational issues. Enger said the Park and Recreational staff comments are reflected in the Planning Commission Staff Report. Enger referred to the letter from Mr. Robert Bjorklund dated August 3, 1987 and a July 31,1987 letter from the Builders Association of Minnesota. Enger pointed out that the Builders Association of Minnesota letter came subsequent to review by the Planning Commission and the Park and Recreation Commission and those commissions were not aware a potential review by the Builders Association was being requested. Enger referred to the Builders Association letter of July 31,1987 and stated the most impact to the City's current tree replacement policy is the idea that trees would not have to be replaced that were removed from city road right-of-way. Enger said Staff made suggestion to change alignment of the roads for this project because the roads go through the major quality treed areas and through the main topographic features on the site. i Enger pointed out the tree replacement policy has been revised a i a t City Council Minutes 6 August 4,1987 t number of times in the past several months;and that Staff has been working with builder and City to settle objections to the satisfaction of both parties. Enger mentioned when there is more than one builder in a + development il's difficult to keep track of how the project is graded and that's it's a difficult type of land use to manage,particularly in treed areas. In very wooded areas other land uses are perhaps more appropriate. Enger said this developer is asking for approval subject to any changes 3. coming from the Minnesota Builders Association. Enger went on to j mention exactly what the tree replacement policy does and does not do. Enger said in this case the developer is removing 30 percent of the trees which calculates to five percent of the woods replaced. Enger talked about not having enough open space to put trees back in j and said the developer will create open space by developing the lots and,secondly,when the developer has a difficult time finding places to j replace trees on the site it indicates how many trees are being removed. Enger said the Planning Commission,understanding developer was in concurrence with tree replacement policy,recommended approval on a 5-0 vote. Bentley asked what Patton meant by other alternatives to meet tree replacement goals. Patton said when the sewer line was put through the site most of the trees were taken out,and he referred on the map to this area. Patton said in designing the site they came up with a lot of alternatives and referred to the map how they came up with the present design. Bentley asked Patton again what other alternatives Patton was referring to and he asked for something more specific rather than the r words"other alternatives",wanted to know what Patton proposed as an alternative. Patton referred to the importance of setting a dollar amount per caliper inch for the trees rather than have bonding up front. Bentley referred to Mr.Bjorklund's letter of August 3,1987 and asked if it j was Patton's position that Wyndham Crest be approved subject to any restrictions of City tree replacement policy and bonding requirements. Patton agreed and said he would like this to be included with any changes. t Bentley asked City Attorney Pauly if it's wise to approve a project subject E to possible revisions in Code at a future date. Pauly said it would not be a wise action because it would leave the issue open for a period of time. j j City Council Minutes 7 August 4,1987 Pauly stated if there was a reexamination soon prior to final plat or issuing buiiding permits,then it might be equitable to consider approval. Pauly stated from a legal point of view if Council approves and no changes are made,then the tree policy stands as presently exists and the developer will enter an agreement to abide by that policy. Only if Council takes some future action would there be modification accordingly to the policy. Patton said that was acceptable. Peterson asked Enger if it's reasonable that Staff will review the tree replacement policy,forward recommendations to Council,get response from Council,before the first building permit is issued. Enger said Staff expects that it would be. Peterson mentioned that one alternative to this issue would be to continue the hearing until the policy is changed or simply adhere to policy. Anderson said he walked this parcel of property this afternoon and went on to explain the area in question and the different variety of trees in this parcel of land. Anderson questioned the area,where the roads go,the lot size,and is concerned about protecting this area for the future. Anderson said he would like to see a different plan;would like to see a preservation of as many trees as possible in this area;and would like to see larger lot size. Pidcock said she would like to continue this hearing if there's any change in the tree policy. Anderson mentioned the fact that it did not get to the Park Commission and would not want to vote on the issue until he had a recommendation from the Park Commission. Harris said she prefers to work within the frame work of existing policy or defer decision until we have decided what that policy is. Bentley asked Enger if Staff is recommending any changes in policy and Enger said they just received the letter yesterday and Staff could be recommending some changes. Bentley asked Enger if there was a proposal format before Council that would recommend change in that proposal and Enger said there wasn't. Bentley said he was concerned about holding up approval over a possible change in policy that isn't even officially in progress and said he would be opposed to a continuance or denial. Bentley mentioned he has concern over proceeding prior to Park and Recreation Commission review. is Harris said she's not comfortable unless acting within existing frame work of policies already in place. Harris mentioned the fact there was City Council Minutes 8 August 4,1987 some flexibility within the existing policy. Harris asked the developer if he was comfortable and willing to work within existing policy and Patton said the developer was. Mr.Richard Feerick,representing the sellers,said it's in the best interest of the sellers to continue the sale within the time frame if possible. Feerick also mentioned he's a member of the Minnesota Builders Association and said the Association has the same interest as Council to protect trees and effectively develop the site. Robert Bjorklund,President of New Concept Homes,said he talked to the Builders Association and their intention is to look at different alternatives with respect to the bonding,increasing the tree policy of the City by asking for one or two trees be placed on every subdivision that had no trees,and more consideration for credit in tree line of the roadway. The Builders Association reassured Bjorklund they're trying to help because of small builders. Bjorklund said he reinforced what Feerick said. Peterson asked if it's been negotiated on the bonding from 250 percent to 150 percent. Enger said it's already in the specific recommendation of the Timber Creek project that Council approved previously. MOTION: Harris moved,seconded by Pidcock,to Close the Public Hearing and Approve 1st Reading of Ordinance No.37-87 for Rezoning. Anderson mentioned concern that this area is next to a nature park and changes have been made in the plans since the entrance to the parkway was first drawn in and there are 126 homes that have little or no access to one of the largest park areas. Anderson said he's concerned that the Park and Recreation Commission is not aware of some of the changes here and said he hasn't had a chance to talk to the Community Services Director. Anderson said without the information from Lambert he can not make a wise decision and will not vote for the motion. s Peterson asked Enger if the Park and Recreation Commission will review this prior to 2nd Reading and Enger said they would. Peterson asked if the motion were amended to say"Approved subject to the approval of the Park and Recreation Commission or successful negotiation between Park and Recreation and the proponent with final approval;'would that be acceptable with Anderson. j I City Council Minutes 9 August 4,1987 Pauly recommended not make it subject to approval of the Park and Recreation Commission,but make it subject to imposing conditions. MOTION: Bentley moved,seconded by Harris,to amend the motion on the floor by adding that the 2nd Reading of the Rezoning Ordinance would occur after review of the development proposal by the Parks, Recreation,and Natural Resources Commission. Pauly stated that what Bentley suggested was fine,subject to review by the Park and Recreation Commission,but added that the motion be subject to the Council's acceptance or rejection of recommendations by the Park and Recreation Commission. Bentley said he would amend the motion to contain Pauly's language as stated above. Harris accepted that amendment. VOTE ON THE AMENDMENT: Amendment carried 5-0-0. j MOTION: Bentley moved,seconded by Harris,to Close the Public Hearing and Approve 1 st Reading of Ordinance No.37-87 for Rezoning, 2nd Reading subject to review by the Park and Recreation Commission and subject to Council's acceptance or rejection of recommendations by the Park and Recreation Commission. Motion approved 4-1-0 with Anderson opposing. MOTION: Harris moved,seconded by Pidcock,to Adopt Resolution No. 87-224 approving the Preliminary Plat of Wyndham Crest for Burl Corporation,2nd Reading subject to review by the Park and Recreation Commission and subject to Council's acceptance or rejection of j. recommendations by the Park and Recreation Commission. Motion approved 4-1-0 with Anderson opposing. MOTION: Harris moved,seconded by Pidcock,to Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council conditions. Anderson mentioned concerns about developing a forested area and the number of trees that will be taken out and said there are other alternatives. Anderson mentioned Council has the ability to preserve more trees in the Code and doesn't feel Council has taken the opportunity to preserve more trees. Peterson mentioned the tree replacement policy and also mentioned he doesn't want Council City Council Minutes 10 August 4,1987 redesigning proposals. Anderson said Council can do better and referred to having an R1-44 in the development. VOTE ON THE MOTION: Motion approved 4-1-0 with Anderson opposing. B. ESPECIALLY FOR CHILDREN. Request for Planned Unit Development District Review on 50.2 acres with variances,with Site Plan Review within the Neighborhood Commercial Zoning District on 1.29 acres for construction of a daycare facility. Location: South of Townline Road, east of Dell Road. (Ordinance#38-87-PUD-8-87,Rezoning within PUD/Neighborhood Commercial District) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Ed Kodet,representing the proponent,introduced Priscilla Williams. Priscilla Williams,President of Especially for Children,addressed what the company does. Anderson asked Williams what age the children will be and Williams said 16 months to 5 years,and may have school age children if there's a need in the community. Anderson mentioned there was a big demand for infant care in the City and Williams said this fall she's opening an infant care center at North Memorial Hospital which will be the center's first infant care program. Williams said she didn't want to commit to infant care at the Eden Prairie facility until the trial run with North Memorial to see how the center works out. Williams also mentioned the center will be designed to build in infant care facilities. Harris said she's comfortable with 16 months to 5 years and the current plan for North Memorial Hospital. Pidcock said that it bothered her that daycare centers were always next to gas stations and wanted to know if a study had been done on the affect of car and gasoline fumes on children at these centers next to gas stations. Williams said none of her facilities happen to be next to gas stations and said their playground would be behind the building so there would be a buffer for the playground area. Harris asked how many centers Williams has and Williams said they i City Council Minutes 11 August 4,1987 have eight different facilities all in the Minneapolis area and suburbs. Harris asked Williams how long she had been in the business and Williams said 11 and a half years. Ed Kodet,representing the proponent,addressed the proposal. 1 Director of Planning Enger said this item was reviewed by the Planning Commission on July 13th,1987. Enger mentioned that the site plan review was required with original approval of the PUD and necessary to gain the requested zoning. The idea of a site plan review was to tie this building into the existing Tom Thumb center. The Planning Commission i recommended approval on a 6-0 vote subject to recommendations of the Staff report of July 10th. Bentley asked if the issue of rooftop mechanical has been addressed by + the Planning Commission and Kodet said the proponent is not going to have any rooftop mechanical. MOTION: Anderson moved,seconded by Pidcock,to Close the Public Hearing. Motion approved 5-0-0. MOTION: Anderson moved,seconded by Pidcock,to Approve the 1 st Reading of Ordinance No.38-87-PUD-8-87 for Rezoning within the PUD. Motion approved 5-0-0. MOTION: Anderson moved,seconded by Pidcock,to Direct Staff to prepare a Development Agreement and incorporating Commission and Staff recommendations. Motion approved 5-0-0. C. EDENBROOK,by David Hoel. Request for Zoning District Change from Rural to R1-13.5 on 6.2 acres with variances to be reviewed by the Board of Appeals and Preliminary Plat of 6.2 acres into 13 single family lots, one outlot,and road right-of-way. Location: South of Townline Road, ; east of Purgatory Creek,west of Woodlawn Heights Addition.(Ordinance #39-87,Rezoning;Resolution#87-226,Preliminary Plat) `s a City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Dave Hoel,representing the proponent,addressed the proposal. j � T City Council Minutes 12 August 4,1987 0 Planning Director Enger said this item was reviewed by the Planning Commission on July 13th, 1987 and the Planning Commission recommended approval of the 13 lot subdivision with one lot as floodplain to be dedicated to the City on a 6-0-0 vote subject to Staff report recommendations of July 10th, 1987. Enger stated the Planning Commission's recommendations are as follows: One,prior to City Council review proponent should revise the plans to reflect a five-foot wide concrete sidewalk along the west side of Edenbrook Drive;revise the plans to reflect extension of Edenbrook Drive and water line to the southern property line;revise the plans to reflect evergreen plantings along the proposed berm for noise abatement measures for the northern lots when Crosstown comes through. Two,prior to 2nd Reading a joint powers agreement between the City of Eden Prairie and the City of Minnetonka be signed for the extension of the sanitary sewer line. Three,prior to final plat detailed storm water plans and utility plans be reviewed by the City Engineering Department and provide right-of-way in the final plat for County Road 62 as required by Hennepin County;apply for and receive variance for lot size,subject lots Block 1,lots 4-6, adjacent to the floodplain. The Park and Recreation Commission suggested that an outlot be created in the lot adjacent to the floodplain and be considered for lot size variance. Enger said Staff supports approval of the variances. Four, prior to grading permit issuance developer would be responsible for installing a construction barrier at grading limits;a park fee would be applicable to this project and place a temporary dead end sign and temporary cul-de-sac sign at the end of Edenbrook Drive. Five,prior to final plat proponent dedicate Outlot A which is floodplain for the City for conservation purposes. Enger said the western portion of this property is Within the conservancy area of the Purgatory Creek study and proponent is proposing to dedicate floodplain to the City and the Planning Commission recommends approval. Peterson asked Enger if there's reasonable access to the east as this is developed. Enger said that the Edenbrook property is surrounded by undeveloped property to the east,south and west;Staff has looked at a plan which would provide cul-de-sac access to the undeveloped property to the east because the developed land further to the east is at a much higher elevation. Enger said the property to the east is not wide enough by itself to put a cul-de-sac in on a north/south alignment and obtain lots on both sides. Enger said Mr. Markham is the property owner to the east and Mr.Uram with the planning staff talked with Mr. Markham l City Council Minutes 13 August 4, 1987 about the proposed plan the Council has before them prior to the Planning Commission meeting. Enger said Mr.Markham did not comment on the plan at that time and Staff received no comments at the Planning Commission meeting Peterson mentioned the evergreen use as a buffer along the north side of the property and wondered about the durability of evergreens with salt spray when the Crosstown is extended. Asked if the trees are far enough away or will they die out. Enger said his recollection Is the evergreens are on the site now and would have to look at the variety of evergreen and distance to answer the question. Hoel said they're spruce trees on the property and planning a six foot high berm. Enger said a wood fence in combination with the trees might be a solution. Anderson asked Enger if there's any possibility to put a moratorium on anymore Edens or Prairies for street names. Enger said Council is in control of both street names and names of subdivisions and has the authority to accept or reject the names. Rick Sather,representing Mr. Markham,talked about Mr.Markham's property and showed Council pictures of different plans for the property and discussed Mr.Markham's point of view. Peterson reminded Sather that Council is dealing with the issue of the proposal and to confine comments to the impact of this proposal on the Markham land. Sather said he has no problem with the Hoels developing the land but thinks the project could be planned differently to benefit all parties. Sather said he wished Council would defer action on the preliminary plat and allow time to work together or condition the preliminary plat approval on Hoel and Markham trying to work together to find a middle ground to access the two pieces of land. Peterson said they are not preventing any other property owner from reasonable access. if Mr.Hoel voluntarily suggests removing this item from the docket for a couple weeks,there is really nothing Council can do except encourage future discussion. Harris asked if Sather had contacted Hoel prior to this evening and Sather said he met with Hoel on August 4th and talked about alternative access,but stated there was not resolution. Dick Feerick,working with Bob Bjorklund and New Concept Homes, i i City Council Minutes 14 August 4, 1987 { discussed the different ideas he had for the property. Bentley said the idea of the preliminary plat and final plat allows for discussion process to continue and mentioned the action Council takes this evening will not preclude continuing discussion with the Hoels relative to what's going to happen to this parcel. Peterson mentioned the fact that it's Hoei's project,that he's gone through the planning stage,now there's a road block;and wanted to know what Hoel thought. Hoel said he'd like to go through with the work the way he planned it. Hoel said he's open to working with the surrounding property owner as far as he can and said he's willing to change the way the road comes off their property to align with Markham's property. Hoe[requested the plan be approved. Paul Nordbye,17541 Rustic Hills Drive,talked about the proposal coming in at the last minute showing a connection to his road which Park and Recreation said was suppose to have been a cul-de-sac. Said he has nothing against the area being developed but wished the neighborhood adjoining the property could have input to where roads go. Bentley said the project under consideration is on the board and not the pictures on the overhead and that there is no proposal pending relative to development on the overhead pictures. Bentley said they're only talking about potential of future development and making allowances within this project to accommodate that potential. Bentley mentioned the dead end that Nordbye referred to,and said that it would stay that way,and that the Council at that time specifically indicated it was a temporary dead end and ultimately be connected to a road. MOTION: Harris moved,seconded by Pidcock,to Close the Public Hearing and Approve 1st Reading of Ordinance No.39-87 for Rezoning. Bentley asked Dietz how the Markham property would be served by sewer and water. Director of Public Works,Mr.Dietz,said Staff recommended the connection point for the sewer be to the west in Minnetonka which has a deeper sanitary sewer location.Bentley asked about this proposal and if Staff is recommending allowances that would allow for expansion of the system. Dietz said the eight inch pipe will i i f City Council Minutes 15 August 4, 1987 i handle the proposed development to the south and east and when ifs connected in Minnetonka the line would run in at minimum grade to go as far as it can by gravity sewer. VOTE ON THE MOTION: Motion approved 5-0-0. MOTION: Harris moved,seconded by Pidcock,to Adopt Resolution No. 87-226 approving the Preliminary Plat of Edenbrook for David Hoel;and Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council conditions. Peterson said there should be a Council recommendation that the Hoels and the Markhams have continued negotiation. 3 VOTE ON THE MOTION: Motion approved 5-0-0. I D. REFUNDING OF PRESERVE PLACE MULTI-FAMILY HOUSING BONDS IN THE AMOUNT OF$3.850,000 (Resolution No.87-228) City Manager Jullie stated notice of this Public Hearing had been published in the Eden Prairie New on July 15, 1987 and that the proponents and Mr. Frane are here to address any questions the Council may have. Alan Bernick,representing the proponent,addressed the proposal. Pidcock asked Bernick to explain the credit enhancement device. Bernick said the project will be built using the bond proceeds. Pidcock asked the 3.85 million or the 4.3 million. Bernick said the original cost of the project was to be approximately 5.3 million and the developer is financing the difference between total cost of the project and what the bonds finance. Pidcock asked if the indebtedness of the holder is still 5.3 million so they have a greater equity stake in the apartment. Bernick agreed with that statement. Bentley asked if the bond sale was public or private. Bernick said the sale was called escrow where the bonds were issued in order to preserve a grandfather tax treatment under old tax laws held privately until now. Bentley asked who is taking advantage of arbitrage earnings since issuance of the bonds;Bernick replied that arbitrage earnings were limited due to the terms of the City's conditions in the agreement for issuance of the bonds in 1985. Bernick listed some of the limited costs #1 ;� I i i City Council Minutes 16 August 4,1987 j J to which arbitrage earnings could be used. { a City Attorney Pauly mentioned the final form of the resolution has been modified on page five,paragraph five,the City's approval of the form of Preliminary Official Statement to simply"Consent"and also fifth line from the bottom of page five change"approves"to"consent". j yMOTION: Bentley moved,seconded by Harris,to Close the Public Hearing and Adopt Resolution No.87-228. Motion approved 5-0-0. i { V. PAYMENT OF CLAIMS f MOTION: Pidcock moved,seconded by Anderson,to approve the Payment of Claims Nos.36293 to 36568. Peterson questioned item 36358 and Jullie stated there are automatic dialers on i the lift stations. When the lift stations malfunction the flow would creep up in the manhole and tip a switch which sends a signal which leads to a telephone exchange and automatically dials maintenance personnel. Peterson also questioned item 36403,does the City pay the$1,200 through the Human Rights Service Commission. Jullie said,"yes"and that's a budgeted item. Roll call vote: Anderson,Bentley,Harris,Pidcock,Peterson voted"aye". Motion approved 5-0-0. IV. ORDINANCES& RESOLUTIONS ITIONS i A. Refunding of Quail Ridoe Multi-Family Housing-Bond in the amount of $5,565.000(Resolution No. 87-227) City Manager Jullie stated the trustees for the$5.56 million housing bonds for Quail Ridge are seeking a change in bond agreements regarding insurance mechanism for the bonds. The trustee proposes a Letter of Credit for$500,000 to be substituted for the prior mortgage insurance instrument and Staff agrees with this approach. Peterson asked if Frane felt$500,00 Letter of Credit was an adequate amount and Frane agreed that it was and said it would give the equivalant of ten percent equity in the project. City Council Minutes 17 August 4,1987 MOTION: Harris moved,seconded by Pidcock,to move Resolution No. 87-227. Motion approved 5-0-0. VII. PETITIONS. REQUESTS&COMMUNICATIONS A. Naegele Outdoor Advertising Company request for billboards City Manager Jullie referred Council to Naegele Outdoor Advertising's proposal regarding the City Code,per City Attorney Pauly,to provide for changes in location of billboards and also referred Council to Staff report. Michael Cronin,representing the proponents,addressed the proposal. Director of Planning Enger stated that Zoning Administrator Jean i Johnson was present and she has worked most closely withe Cronin in a preparation of the Staff report and she would be happy to summarize the report. Harris asked how the City can have so many non-conforming signs. Johnson stated a lot of signs go back 15,20 years,well before City Staff monitored the signs. Harris asked about the recent billboards in'86 and '84 and wondered what recourse there was for Council when signs are in. Johnson said in'84 the City entered into an agreement for removal, but the signs had been in place prior to this. City Attorney Pauly stated that a number of signs are non-conforming because the signs existed prior to adoption of the prohibition against t signs other than in certain designated zones and said in the 1970's there was no regulation of signs in the City. Pauly said in the'70's a sign zone s was adopted and some of these signs are outside those zones,so since they were in use prior to the adoption of sign zones they continue as a non-conforming use. j Bentley asked Cronin if he's correct in the assumption that Cronin wants Council's opinion on the proposal identified as Graph 3. Cronin said he's requesting that Council direct Staff to place Naegele Graph 3 into ordinance form or the City's proposal into ordinance form. Cronin said he could go along with Staff proposal since the only major difference is a few locations on Highway 5. Peterson said it's premature for Council to adopt or give strong support i t- City Council Minutes 18 August 4, 1987 9 for either proposal at this point since it hasn't been through the commissions yet and stated the task tonight is to get a sensing of the Council on this proposal. Bentley mentioned there are two areas to look at,one,take no action this evening because ultimately the signs will disappear,according to Jean Johnson,and there would be no signs. Two,is Council going to allow signs in Eden Prairie. Anderson said Council has to find out if there's an advantage to having signs,are they important to the City. He said there are three alternatives, "none,some or a lot". Peterson said the use of billboards is a legitimate and important business and the City has a right and responsibility to carefully manage j outdoor advertising. Place billboards where they are not offensive, where it is not obstructive to scenery. Peterson said it serves a very positive function in the proper locations in enhancing a commercial atmosphere in a commercial area. Anderson agreed to billboards if they give direction,but to have wholesale signs advertising liquor and cigarettes he sees no value to a community. Anderson mentioned the fact driving down a road you see the billboards and you're exposed to what they advertise whether you want to be or not. Pidcock mentioned the sign situation in Edina and thought it interesting that all the businesses survive in that area without signs. Pidcock said her conclusion is she would like to see Eden Prairie without any signs. Harris said it's difficult to address the issue in terms of having legitimacy for meeting the needs of the community. The Council needs to look at legitimacy in terms of the resident and driving public community,and not at the business community alone. Harris said she leans towards Pidcock's sentiments,but if the City elects to have signage within its perimeters Council should took very carefully where signage is placed. Bentley said he doesn't want to enter into discussion about content of signs. Bentley also talked about the billboards along the river bottoms. Bentley said it's an advantage to the City to have some signs in the community and it's advantageous to the community to work out a trade to get those signs out of the river bottom area. Bentley said he would ( 1 City Council Minutes 19 August 4,1987 encourage Naegele to proceed and ask Staff to proceed along Staff recommendation instead of draft three. Bentley said the size and height might be a little much but something scaled down from the level would be appropriate. Pidcock said that if Council approves sign locations,then the signs would be present forever. Peterson said that among the alternatives from the discussions between Staff and Naegele would be the elimination of signs in some undesirable locations. Peterson said he doesn't want to be a part of any governmental structure that participates in the demise of legitimate business. Pidcock said she's not trying to put anybody out of business,but is entitled to see a countryside as it is without being forced to look at signs. Peterson disagreed with Pidcock and said signs should be put in areas where the City will accept them. Anderson talked about the legitimate business of the landfill as a comparison to billboards and Peterson said you have to respect the law that protects the landfill. Pidcock mentioned that advertisers could use other means for advertising besides billboards and Bentley mentioned that a number of businesses'sole advertising dollar goes for outdoor advertising because it's the most cost effective way to advertise. Bentley said Staff is suggesting a total of eight signs throughout the community and said that would be appropriate because they would be in certain types of zones. Mitch Wonson,14007,Holly Road,wants Council to eliminate all billboards entirely from the community. Is upset that Council is entertaining a proposal by Naegele when Naegele hasn't fulfilled their current obligations and agreements with the City. MOTION: Pidcock moved,seconded by Harris,that City Council reaffirm the existing policy and require conformance by Naegele to existing agreements for removal of some billboards and request removal of certain other billboards which do not conform to City or State regulations and wait to see how the State Department of Transportation condemnation case is decided. Peterson asked if that means the elimination of present signs and no provision for future signs and Pidcock agreed with Peterson. Anderson i� { City Council Minutes 20 August 4, 1987 said he goes along with the motion. Peterson said he strongly opposes the motion. VOTE ON THE MOTION: Motion approved 3-2-0 with Peterson and Bentley opposing. Vill. REPORTS OF ADVISORY COMMISSION A. Reguest from Bicentennial of the U.S.Constitution Committee MOTION: Bentley moved,seconded by Pidcock,to approve the name of Constitution Avenue for the access road to Round Lake. Peterson asked Mark Weber the meaning of naming that particular street Constitution Avenue. Weber said they had other alternatives but in every case it involved changing existing addresses. Anderson asked Weber if it could be something else other than a street and Weber said they aren't stuck on the street idea but it was another way to observe the bicentennial. VOTE ON THE MOTION: Motion approved 5-0-0. IX. APPOINTMENT There were none. X. REPORTS OF OFFICERS.SOAgpS&COMMISSIONS A. Reports of Council Members 1.Pidcock-Discussion to schedule workshop on City audit re(L Pidcock said she would like to schedule a meeting to go over the audit report from Fox, Cum & Murphy. Harris mentioned before any type of meeting is set she would like to have the City Manager address issues raised by the auditors in form of a plan which would become the basis of a talking document for such a meeting. Discussion followed as to when the meeting would be held. it s 0 City Council Minutes 21 August 4, 1987 l i 2. Peterson-Discussion to schedule meetina to go over the City Code and EmeroenaLQpgrating Procedure Man gal Peterson said after the"storm weekend"it became apparent there were inconsistencies between the Code and the Emergency Operating Procedure Manual and suggested a wo rk session to discuss this. Discussion followed as to when the meeting would be held. MOTION: Pidcock moved,seconded by Bentley,to schedule a meeting r to go over the City Code and Emergency Operating Procedure Manual Inconsistencies on September 15th at 4:00 o'clock p.m. Motion approved 5-0-0. 3. Harris-1-494 Corridor Workchnn 4 Harris said she would not be able to attend the 1-494 Corridor Workshop and asked if there would be any recording of the workshop for review at a later date. Peterson said there will be minutes and that he will be there also and will shareinformation with Harris afterwards. 4. Pidcock- AMM 13r.akfast Meetina Pidcock mentioned there will be an AMM Breakfast Meeting on the 13th of August at 7:30 a.m.and everybody should try and come. 5. Anderson-Schedule time to go through storm damage in the City Anderson mentioned that questions have been asked about flood control in the City and also about retaining walls,which were hit hardest from the storm,and ways of correcting some of these problems in the future and would like a report from Staff on the emergency the City had rece ntly. i B. Report of City Manages f There was no report. C. Report of City Attorney Pauly presented Council with a copy of a memorandum which contains a partial summary of 1987 laws affecting municipalities. Pauly emphasized page one,with reference to the indemnification of officers t City Council Minutes 22 August 4, 1987 and employees for punitive damage awards;page two,the fact a woman may no longer use her husband's name on a ballot when running for office;page three,at the bottom,with reference to the pesticide regulation;page four pointed out the change in the dumping fee that goes to the City;and also said the filing dates for municipal elections is between eight and ten weeks prior to the election. Pauly also mentioned that limitations have been removed with regard to the amount of interest general obligation bonds may bear and also amount of interest which may be imposed with regard to special assessments. Pauly emphasized page five,the change in notice for special meetings;page seven,with reference to construction controls for reduction in aircraft noise in zones surrounding airports,also,parental leave provisions;page nine,the pipeline safety act. D. Reoort of Director of Plannino There was none. E. Report of Director of Community Services There was none. F. Reoort of Director of Public Works 1. Resolution declaring costs to ho acsacca��.+++^r rip preparation of 1987 Special Assessment Rolls and setting hearing date(Resolution No.87-225) Director of Public Works Dietz said this is a resolution that declares the amount of cost that be assessed for the fall special assessment hearing and sets a date of September 1 st for the special assessment hearing. Dietz said this normally would have been a Consent Calendar item and standard operating procedure by Code. Dietz said the total costs are approximately$7.5 million,City funds are$2.6 million,and assessed amount is$4.9 million. Bentley asked Dietz if he's recommending proceeding with the assessment of item 9. I.C. 52-101 at this time. Dietz said Staff is,but there's two lots that may have to be excluded from the final roll and mentioned it's important to assess the balance of the project at this time instead of waiting. Bentley asked if Council should hold two of these meetings per year and Dietz replied they've talked about holding two a I } 1 City Council Minutes 23 August 4,1987 year but there never seems to be anything ready to go in the spring since most of the work is completed in the fall. Bentley referred to a Council meeting that took place six years ago and talked of a process for which the necessary legal procedure could be accommodated and would not necessarily have to take place in the presence of Council. Jullie said he recalled that meeting and said there was a process ready to go in the event the City is challenged. Pauly said that process was evolved as a result of court decisions that indicated the court would give some weight to the Council's decision on whether or not a project benefited a property,if Council received competent evidence and made a decision on that basis. Pauly said recent cases are indicating that the courts are going to take afresh look at the valuation and question of whether benefit has occurred as a result of improvement. MOTION: Anderson moved,seconded by Harris,to move Resoultuion No.87-225. Peterson suggested that Council consider a Special Assessment Hearing on another night other than a Council meeting night. Dietz said it's not too late to change the date and that Council could spend at least two hours on this hearing. Anderson agreed with setting a special meeting date. Peterson asked if the maker of the motion would approve a meeting to be scheduled for 7:30 p.m.on September 8th. Anderson agreed. Pidcock asked Dietz what he means by the reassessment of Chatham Woods. Dietz said 15 lots in the Chatham Woods subdivision went for tax forfeit and the only way to the City can collect the special assessment on them is to reassess. Bob Blount,6501 West 168th Avenue,asked what the notification process was being followed regarding the amount to be assessed against his property. Dietz said what Blount is referring to is for trunk, sewer and water proposed for Majestic Oaks property for approximately $13,000. The property was assessed in 1973 for one unit of lateral benefit,which served Blount's home,and for half an acre of trunk assessments against the four to five acrea parcel. Dietz said that information of the amount to be assessed against the property to be subdivided was later than normally processed,but that notification of the assessment hearing would occur probably wihtin the next few weeks. City Council Minutes 24 August 4,1987 VOTE ON THE MOTION: Motion approved 5-0-0. 2. Review deferm n nol1c'9C+��c ;al A (Continued from July21,1987) This item was continued to the next regularly scheduled City Council meeting. XI. NEW BUSINESS ID Peterson said Jullie suggested there be a joint School Board/City Council meeting held on August 18,1987 at 5:30 p.m.held at City Council Chambers. MOTION: Harris moved,seconded by Pidcock,to the joint School Board/City Council meeting on August 18,1987 at 5:30 at City Council Chambers. Motion approved 5-0-0. XII. ADJOURNMENT MOTION: Bentley moved,seconded by Anderson,to adjoum the meeting at 11:45 p.m. Motion approved 5.0-0. i 1. CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST September 1, 1987 CONTRACTOR (MULTI-FAMILY & COMM.) SEPTIC SYSTEMS Dotty Realty, Inc. Blaylock Plumbing Company Frana & Sons, Inc. One Way Building Service, Inc. GAS FITTER ) CONTRACTOR (1 & 2 FAMILY) Westonka Plumbing & Heating, Inc. Ament Pools & Construction HEATING & VENTILATING Olson Brick Eagan Plumbing & Heating Sawhorse, Inc. Sisa Homes, Inc. PEDDLAR PLUMBING Donald Allen Brill (Firewood) Freeman James Hayes (Firewood) Dan G. Johnson Plumbing TYPE B FOOD Plumm, Inc. Eagan Plumbing & Heating Synder Bros., Inc. CIGARETTE 33 1. Synder Bros., Inc. These licenses have been approved by the department heads responsible for the licensed activity. l sl Pat Sore, icensing CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-243 RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS & PREPARATION OF PLANS AND SPECIFICATIONS FOR PUBLIC IMPROVEMENTS FOR I.C. 52-105A J & L ADDITION BE IT RESOLVED by the Eden Prairie City Council: 1. The owners of I00% of the real property abutting upon and to be benefitted from the proposed street and utility improvements have petitioned the City Council to construct said improvements and to assess the entire cost against their property. 2. Pursuant to M.S.A. 429.031, Subd. 3, and upon recommendation of the City Engineer, said improvements are hereby ordered and the City Engineer shall prepare plans and specifications for said improvements in accordance with City Standards and advertise for bids thereon, with the assistance of RCM, INC. 3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby directed to publish a copy of this resolution once in the official newspaper, and further a contract for construction of said improve- ments shall not be approved by the City Council prior to 30 days following publication of this Resolution in the City's official newspaper. ADDPTED by the City Council of the City of Eden Prairie on SEPTEMBER 1, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk r' l { CITY OF EDEN PRAIRIE, MINNF:SOTA f 100► PETITION FOR LOCAL IMPROV£M17NTS i TO THE EDEN PRAIRIE CITY COUNCIL: The undersigned are all the fee owners of the real prOherty devc:ihed below and herein petition for the Eden Prairie City Council to proceed with making the following described improvements: 3 y (General Location) Sanitary Sewer Bennett Place & Blnsaem Rd _6L4rApOged street all in proposed J & L SUBDIVISION x Watermain xStorm Sewer p -- 1 Street Paving ii Other Pursuant to M.S.A. 429.031, Subd. 3, the undersigned hereby waive any public hearing to be held on said improvements, and further state and agree that the total cost of said improvements shall be specially as- sessed against the property described below in accordance with the City's special assessment policies. We further understand that :he preliminary, estimated total cost for the said improvements is Street Address or other Legal Na d addre-.cs of retitioners Description of Frouerty to be Served (Must be ow s f-:-rcord) — 11081 Blossom RnxA ILfank R,-Ca arelre - - a i l (For City Usc) Date Roceivrd— - ----- — r:ojeet No. Z - /p N fnuneil Consideration - - ��f - CITY OF EDEN PRAIRIE, 1:11 NESOTA 100% PETITION FOR L 7AL 1MPROVEM17NTS TO THE EDEN PRAIRIE CITY COUNCIL: The undersigned are all the fee owners of the real pr6perty ,i—ciil•cd below and herein petition for the Eden Prairie City Council to plocecd with making the following described i.mprovementst / (General Location) y Sanitary Seer �F�d, C. Wa ter ma in Storm Sewer _ Street Paving Other Pursuant to M.S.A. 429.031, Subd. 3, the undcc:signed hci eby waive nny public hearing to be held on said improvements, and further stat- and agree that the total cost of said improvements shall be specially a9- sessed against the property described below in accordance with the City's special assessment policies. We further understand that the preliminary, estimated total cost for the said improvements is — Street Address or other Legal • . tames and add:csscs of rctitioners Description of Proviierty to be Served _ (Must be ow_nrrs of i.,—id) (For City Unc) O.,%te r"ceived rnuncil run�irlrr..,tion CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 87-244 RESOLUTION AUTHORIZING PERMIT APPLICATION FOR INTERNATIONAL SCHOOL OF MINNESOTA WHEREAS, the proposed sanitary sewer to be constructed in INTERNATIONAL SCHOOL OF MINNESOTA requires a connection to the Metropolitan Waste Control Commission (MWCC) interceptor system; and WHEREAS, the proposed connection conforms to the Eden Prairie Comprehensive Sewer Plan. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 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 SEPTEMBER 1, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk KAHLER REAL ESTATE MANAGEMENT, INC. Clement D.Springer j Vice President j August 12, 1987 The Honorable Gary D. Peterson :4ayor, City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55343 Re: City West Hotel Site Dear Mayor Peterson: A developers agreement was entered into between The Kahler Corporation and the City of Eden Prairie on August 6, 1985 to retain a Commercial Regional Service zoning on a 5.5 acre site described as Lot 2, Block 1, City West 3rd addition for 24 months. The development plans called for the construction of a convention hotel. The Kahler Corporation would respectfully request the City of Eden Prairie to grant a continuation of this agreement for one year to August 6, 1988. The reasons for our extension request are as follows: 1. We have continued to work with developers and lenders on the development of a hotel on this site with indications of interest being expressed but not being able to constunmate a deal at this time. We have acquired a commitment for a Sheraton Hotel franchise for the site which we feel is appropriate and will result in a quality property. 2. With the recent construction of new hotel rooms along the I-494 corridor, supply has exceeded demand with occupancy rates dipping below the desired level. We feel the market will move towards correcting the over supply with time. l 3. We have a substantial investment in the site for both j option money, and specific site plans and drawings and do not want to abandon our efforts. �4 4. If the City extends the agreement, it is our intent to } enter into an agreement with Mr. M. G. Astleford, y owner of the site, and continue to actively pursue the development of the site. 20 Second Avenue Southwest•Rochester, Minnesota 55902•Phone 507-285-2712 The Honorable Gary D. Peterson August 12, 1987 Page 2 We appreciate the City of Eden Prairie's patience with our development of the site. If you require additional information, I would be pleased to provide it and would be willing to appear at a council meeting if you so desire. Sincerely, Clement D. Springer Vice President CDS:me CC: M. G. Astleford Chris Enger, Planning Director I i MEMORANDUM i i TO: Mayor and City Council FROM: John Frane DATE: August 27, 1987 RE: Request from Minnesota Supply to refinance their MIDB in the amount of $763,000 - Resolution 87-253 In 1981 the City issued $800,000 in MIDB's for Minnesota Supply. They now have an opportunity to refinance. The bond will be privately placed and guaranteed by a letter of credit. f ( RESOLUTION NO. i RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF VARIABLE RATE DEMAND COMMERCIAL DEVELOPMENT REFUNDING REVENUE BONDS TO FINANCE THE PROJECT (MINNESOTA SUPPLY COMPANY PROJECT) f BE IT RESOLVED by the Council of the City of Eden Prairie, Minnesota, as follows: 1. On August 27, 1981 the City issued its $800,000 Commercial Development Revenue Note (Minnesota Supply Company Project) (the "Note") to provide financing for construction of an office/service center facility (the "Project") by Minnesota Supply Company, a Minnesota corporation (the "Company") . The Council has received a proposal from the Company that the City undertake to refinance the Project, pursuant to Minnesota Statutes, Sections 469.152 through 469.165 (the "Act"), through issuance by the City of its $763,000 variable Rate Demand Commercial Development Revenue Refunding Bonds, Series 1987 (Minnesota Supply Company Project) (the "Bonds"). 2. It is proposed that, pursuant to a Loan Agreement dated September 1, 1987, between the City and the Company (the "Loan Agreement") , the City loan the proceeds of the Bonds to the Company to redeem and refund the outstanding principal balance of the Note which were issued to partially finance the cost of the Project. The basic payments to be made by the Company under the Loan Agreement are fixed so as to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. It is further proposed that the City assign its rights to the basic payments and certain other rights under the Loan Agreement to National City Bank of Minneapolis, in Minneapolis, Minnesota (the "Trustee") as security for payment of the Bonds under an Indenture of Trust dated September 1, 1987 (the "Indenture"). To further secure the payment of the Bonds and the interest thereon, the Company will deliver a Standby Irrevocable Letter of Credit in the initial amount necessary to secure payment of all principal and interest due on the Bonds in the event of non-payment by or a bankruptcy of the Company, to be issued by Norwest Bank Minneapolis, National Association, in favor of the Trustee (the "Letter of Credit") . i t } 3. Pursuant to the preliminary approval of the Council, forms of the following documents have been submitted to the Council for approval: i (a) The Loan Agreement. (b) The Indenture. (c) The Letter of Credit. that: 4. It is hereby found, determined and declared (a) the issuance and sale of the Bonds, the execution and delivery by the City of the Loan Agreement, and the Indenture, and the performance of all covenants and agreements of the City contained in the Loan Agreement and Indenture and of all other acts and things required under the constitution and laws of the State of Minnesota to make the Loan Agreement, Indenture and Bonds valid and binding obligations of the City in accordance with their terms, are authorized by the Act; (b) it is desirable that the Bonds be issued by the City upon the terms set forth in i the Indenture; (c) the basic payments under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bonds issued under the Indenture when due, and the Loan Agreement and Indenture also provide that the Company is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessmcnts levied upon or with respect to the Project Premises and payable during the term of the Loan Agreement and Indenture; (d) as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from or charged upon any funds other than the revenue pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable upon any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall recite that the Bonds are issued without moral obligation on the part of the state or its political subdivisions, and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof; and, the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 5. Subject to the final approval of the City Attorney, the forms of the Loan Agreement, the Purchase Agree- ment and Indenture and exhibits thereto are approved substan- tially in the form submitted. The Loan Agreement, Purchase Agreement and Indenture, in substantially the form submitted, are directed to be executed in the name and on behalf of the City by the Mayor and the City Manager together with any other documents and certificates necessary to the transaction described above. Copies of all of the documents necessary to the transaction herein described shall be delivered, filed and recorded as provided herein and in the Loan Agreement and Indenture. 6. The City shall proceed forthwith to issue its Bonds, in the form and upon the terms set forth in the Indenture. The offer of the Bond Purchaser, Reserve Interstate Portfolio, New York, New York, to purchase the Bonds at par plus accrued interest to the date of delivery at the interest rate or rates specified in the Indenture is hereby accepted. The Mayor and City Manager are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee for authentication and delivery to the Bond Purchaser. 7. The Mayor and City Manager and other officers of the City are authorized and directed to prepare and furnish to l i the Bond Purchaser certified copies of all proceedings and records of the City relating to the bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 8. The approval hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City Attorney and the City officials authorized herein to execute said documents prior to their execution; and said City officials are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence of the Mayor or Manager, any of the documents authorized by this resolution to be executed may be executed by the Acting Mayor or the City Manager, respectively. Passed: September 1, 1987 Mayor Attest City Clerk (SEAL) i Z;4� i i M E M O R A N D U M , TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Roger A. Pauly and Diana P. Massie, City Attorneys DATE: August 26 1987 RE: Proposed Amendments to City Code Chapter 2 Sandra Wertz, Kari Wahl and the Historical and Cultural Commission have asked us to draft an ordinance amending City Code Section 2.18, which regulates the terms for the Historical and Cultural Commission. The amendments provide for three-year terms, rather than two-year terms, and also provide for an interim schedule for term expiration in order to achieve a system of evenly staggered terms. Attached is the proposed Ordinance which has previously been reviewed by Kari Wahl and the Historical and Cultural Commission. { 'i ORDINANCE NO. � AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.18, SUBD. 1, RELATING TO THE TERM OF HISTORICAL AND CULTURAL COMMISSION MEMBERS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 2, Section 2.18, Subd. 1, shall be amended to read as follows: Subd. 1. Establishment and Composition. An Historical and Cultural Commission, composed of seven (7) members, is hereby established for the purpose of advising the Council as to activities, programs and facilities of historical and cultural significance in the City. ^` sign m eFs� shall � stag terms. Appe ••VZ'fl'CT ent e€ members 4e* t'erms' m ..ei ng after ``1l,^,,`�^^��, ���� �.�.ii,.''yLY''�� F,�,� ,�.�.^ ��...�...L.._ tom,, i'l�yQ,�,.h � 1�OTy,ha �hall��b 2VT e4 LTc T The �{,,f" �IT3'ieh members have been �� L- he Mar-eh 1, � shall (In order to achieve evenly staggered terms on the com- mission an interim schedule of term expiration is established as follows: Present Term Expiration New Term 1. 2-28-88 Appoint new member and (member resigned 6-4-87) extend term to expire 2/28/89. 2. 2-28-88 Extend term of Rev. Phillip Rohler to expire 2-28-89. 3. 2-28-89 Extend term of Richard Schuette to expire 2-28-90. 4. 2-28-89 Extend term of Gwen Barker to expire 2-28-90. -1- i �• Present Term Expiration New Term 5. 2-28-88 Appoint new member to a term to expire 2-28-91. 6. 2-28-88 Appoint new member to a term to expire 2-28-91. 7. 2-28-88 Appoint new member to a term to expire 2-28-91. Upon the expiration of each new term listed above, each succeeding term shall be for three (3) years.] Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1987, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of 1987. ATTEST: City Clerk Mayor Published in the Eden Prairie News on the day of 19 ( I 1DPM/ORD-8 8-13-87 -2- , CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-246 A RESOLUTION APPROVING FINAL PLAT OF WYNDHAM CREST WHEREAS, the plat of WYNDHAM CREST 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 WYNOHAM CREST is approved upon compliance with the recommendation of the City Engineer's report on this plat dated AUGUST 26, 1987. a B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on SEPTEMBER 1, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John 0. Fr-ane, 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 26, 1987 SUBJECT: WYNDHAM CREST PROPOSAL: The Developers, Burl Corporation, have requested City Council approval of the Final Plat of Wyndham Crest. Located west of Purgatory Creek and east of Tristram 'day in the North 1/2 of Section 6, the plat contains 27.9 acres to be divided into 25 single family lots, 2 outlots and road right-of-way for street purposes. Outlot A is 8.0 acres in size, consisting of flood- plain, and Outlot B is for walkway purposes, and both are to be dedicated to the City. HISTORY: The Preliminary Plat was approved by the City Council August 4, 1987, per Resolution #87-224. Final reading of Ordinance #37-87, changing zoning from rural to R1-13.5 is scheduled for the City Council meeting to be held September 1, 1987. The Developer's Agreement referred to within this report is schedule for execution September 1, 1987. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities, streets and walkways will be installed throughout this development in conformance with City Standards. Prior to release of the Final Plat, the underlying drainage and utility easements on Lots 16 & 17 (formerly Lots 35 & 38, Block 1 Wyndham Knoll) must be vacated. As requested in a Preliminary Engineering Report dated June 11, 1987, the plat should be revised to include remainder of the property into the plat, either as an outlot or a platted lot. Prior to release of the Final Plat, plat should be revised to include the remaining property. i i i > PAGE 2 WYNDHAM CREST AUGUST 26, 1987 PARK DEDICATION: Park dedication shall conform to City Code requirements. Prior to release by the City of the Final Plat, Developer shall submit to the City an executed scenic easement over that portion of the property within the designated floodplain of Purgatory Creek. An executed warranty deed for Outlot A and B to the City must be provided prior to release of the Final Plat. BONDING: Bonding shall conform to the requirements of the Developer's Agreement as well as City Code. RECOMMENDATION: Recommend approval of the Final Plat of Wyndham Crest subject to the requirements of this report, the Developer's Agreement, the following: 1. Receipt of street sign fee of $406.00 2. Receipt of street lighting fee of $3,174.00 3. Receipt of engineering fee of $1,000.00 4. Receipt of warranty deed for Outlot A and B 5. Completion of vacation of drainage and utility easements over Lots 35 and 3B of Wyndham Knoll. 6. Revision of plat to include remainder of property into the plat. 7. Receipt of scenic easements over designated flood plain of Purgatory Creek. 8. Satisfaction of bonding requirements. JJ:ss cc: Don Patton, Burl Corporation James R. Hill, Inc. i Wyndham Crest CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 37-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-13.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of September 1, 19B7, entered into between Burl Corporation, a Minnesota corporation, and the City of Eden Prairie, which is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of August, 1987, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 1st day of September, 1987. ATTEST: John 0. Frane, City Cler Gary 0. Peterson, Mayor / PUBLISHED in the Eden Prairie News on the day of EXHIBIT A ( m C" y n ooe en � L3 Y mOw Y ■ Y 1�qw Y �C W Y Y O G C •• C O C O 4 p Yq Y n y N O G c u 0 G P P u Y Y Y = Y Y N Y O m m u•O L L 3 m ^ p Y Y Gm u 8 q N u L u_ a c r L■u q •o Y a m�• m L Z g q^y Y r 0 9 0 C m C y p n 9 Y i S p Y d r 0?p w 0 ou > O W Y q a[ rL^w•S N O • Y 00 Y s•"•Y L enu O CLON�Y 67 p L .m.., aY.a YYe!mo aL.0 p .Gi rs r.c.••a e�u r '. O >G YV, •OOYr ti p � qr Or .O p q ^ Y C gLOplrmL i Y L > S gClmPC O CL�•u Y O q q c U b L u■ q g m w Y Z Y C G m Y m n w m t •_Y p O Y u p 0 • Y r O d p u Y C COO O S 0 q 0 0 C L qC G Y L O Y Y»G H Y N Y n O u u rlYmu uc w > Y u m 8 rJ y Y u u Y G 0� b) Y Yo wN ` y Lu._m L Y uONn mu mN o o uoPn� o .p u Yw mL . dw Y • � Y V Z mupd•• S w ) • Cn u Y q •• Y Y N m Y 0�� i mP P >•� O•-�L C 4 O O P Gvm uw O >u0 mC N q p q mLGq u y Ov0 m ON c ^ ~ rJ q0 L •• Y O•+ L Y r Y�u p m � p O O Y r O!W y O Yy Ou cnn qm Y Y w L V1nLY ll'i O i s Y N L g Y r p w p O Y q Y O p s u O w L c 0 Y 10 u Y G> L C Y Z ~ V y Y L c o C q u b m Y 4 u Y✓>y Q q Y g O Y Y Y > _ Y b J > >u Y C u L y Ym a b .-•1 L O p q Y I �•I O N» O• O u O Y+G�•L y q Y m m u o m q 0 mn Y N ^y p Y Y 9 d n u p OC q u O y q u p d L Y CD C � y q••O q W �»Y C Y Q q q r 9 Y u a F O L Y O.0 m C W Y L Y Y W N s L L � L Y L Ot O n Y a. i y 0 Y n V1 y 0 u q Y q Z L Q Y YOu LY L C O O y y 1£» L Y Ly Ou c O O �•q r y u 1.1•• O m t O > •O O S � un aeq ■>oL cv, >»n L W Z w r a:-L•uv,o6 qv L) >C>O O 8 Y P y u b C uw•N Zr > Y O L z Y Ln nW O Y O r g Y q g Y Y d m w> U Y r>W u O t w r e ! ) s N u C n L 0 bO U t w 0 0 C q W co LL O Y t Y O C Y Y 0 O O ■ V O q Y Y L O» y u L L Y Y V Y n • Y y Y t y u G y L u Y u L Y Y d L • p Y y g Y Y G Y C y m L C I O pY C g 0 2 O u�•••Y m Y N O O m) q••Y O.�m ZL YZ Z>C yp•0 yL L O L L YL u ue>r� O L i y 0 p C Y ■ S O p y y Y O Yr LYrpr m.Y.O..»LO > V Y Y Y.O L W Y Y y Y u E g 8 n Y v Z Y C Z Y u m Z p W M q>O � ! q P.p q1� gNCu■ U - u i q O qOL Y p• _. 7 Y Y W W O C h Y a Y L 0 '• > q t Y O•+ f y ' CO a0 O Owe W •>GYL q Y O O Y uL y �L e C O m d 0••nuu f Z L>u ev1 O++Y•+ • ytL YnOV)eY q Lq Y Y up YrYl LtO q u >Y Y Y Y YpYt Z W•• 71I m >N•»3h O u p Y O C L u C G I. Op >O Y O O YZ n q 0 L .0- Y Z m q.+Y Y O C p L m N Y •+ i O L 0 n Y e u C L >Y > p e Y n L u G Y O y 0 4 b C L Y y Y O L C L�• Y O y C L O Y u m 0 O» uY wO u yY O y C W u Ymnosn�••mn>.. v yr >n�•.oy Y C C I q u u V C m Y q q b u n u • .� i Y y N g y Y Y Y L L u o Y O u y ma u 0-•y e a u uv•yN � \c P a m quo > n a n o p c u o o y Y c 01 y a n r p o a u Y o 1 a r>o , U c uNS mu•+ c LUL (� p c e L u n L cv C c 6 u u>y O L C L L m m Y Y O Y m u C m L m n L G m J > 6 �C G•�C s.•O••O q q Y�' C••!O O Y V G x O n O y Y G N u N q ,F V k Wyndham Crest DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of 1987, by Burl Corporation, a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from Rural to R1-13.5 on 19.9 acres and Preliminary Plat of 27.9 acres into 25 single family lots and road right-of-way, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A. attached hereto and made a part hereof, and said acreage hereinafter referred to as "the property;" NOW, THEREFDRE, in consideration of the City adopting Ordinance #37-87, 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 July 9, 1987, reviewed and approved by the City Council on August 4, 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 acceptance by City of a final plat for the property, Developer agrees to submit to the Director of Planning and to obtain the Director's approval of a revised plat for the property which y. depicts 100 ft. lot frontage dimensions for Lot 1, Block 3, and for Lot 1, Block 2, as depicted in Exhibit B, attached hereto. Upon approval by the Director of Planning of said revised plat, Developer agrees to execute said plans, as approved by the Director of Planning, in accordance with the terms and conditions of Exhibit C, attached hereto. 4. Prior to release by the City of the final plat for the property, Developer agrees to submit to the City Engineer, and obtain the City Engineer's approval of detailed plans for streets, sanitary sewer, storm sewer, water, and erosion control for the property. Upon approval by the City Engineer, Developer agrees to construct said improvements in as approved by the City Engineer, in accordance with the terms and conditions of Exhibit C, attached hereto. 5. Prior to release by the City of the final plat, Developer shall submit to the City an executed scenic easement over that portion of the property within the designated floodplain of Purgatory Creek, as depicted in Exhibit B, attached hereto, said easement as depicted in Exhibit D, attached hereto and made a part hereof. Developer further agrees to file said easement on the property at Hennepin County and agrees to provide proof of filing to the City prior to issuancy by City of any permit for grading, or building, on the property. 6. Prior to release by the City of the final plat, or concurrent with, and as part of, the final plat for the property, Developer agrees to dedicate Outlots A and B, as depicted in Exhibit B. attached hereto, to the City free and clear of all liens, encumbrances, and mortgages. 7. Prior to release by the City of the final plat for the property, Developer shall submit to the Director of Planning, and obtain the Director's approval a security which equals 150% of the value of the following items: A. The cost of tree replacement of 921 caliper inches of trees on the property, in accordance with the terms and conditions of the Tree Replacement Policy of the City, attached hereto as Exhibit E, and made a part hereof. B. The cost of construction of all retaining walls for the property as discussed in item #B below, and as depicted in Exhibit B, attached hereto. Said cost shall be based on plans approved by the Building Department for construction of said retaining walls in accordance with City Building Codes and requirements. 8. Prior to release by the City of the final plat, Developer agrees to submit to the Director of Planning, and to obtain the Director's approval of a planting plan for the location of 921 caliper inches of trees to which are planned to be removed by construction on the property. City will hold the security discussed in item V. A. above until r said improvements are satisfactorily completed and accepted by the Director of Planning. Developer agrees that the trees shall be relocated on each individual lot of the property as the construction § takes place on each individual lot. Trees shall be installed on the individual lots prior to issuance by the City of any occupancy Permit any of the individual lots. 9. Prior to release by the City of the final plat, Developer agrees to submit to the Building Department, and to obtain the approval of the Building Department of detailed plans for the retaining walls indicated on the grading plan in Exhibit 8, attached hereto. Said plans shall include details with respect to the height, type of materials, and method of construction to be used for said retaining walls. Upon approval by the Building Department, Developer agrees to construct those improvements listed in the plans as stated above, as approved by the Building Department, concurrent with grading and street construction on the property and in accordance with the terms and conditions of Exhibit C, attached hereto. City will hold the security discussed in item V. B. above until said improvements are satisfactorily completed and accepted by the Director of Planning. 1D. Developer shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. 11. Prior to issuance of any grading permit, Developer shall submit to the Director of Planning and receive the Director's approval of a tree inventory of those trees within 25 ft. outside of the construction area, which are not planned to be removed by construction on the property as approved by City, indicating the size, type, and location of all trees twelve (12) inches in diameter, or greater, at a level 4.5 feet above ground level. A. Developer agrees to implement erosion control measures and adequate protective measures for areas to be preserved and areas where grading is not to occur, and to receive City approval of said measures. Developer agrees that said protective measures shall include, but not be limited to the following: I 1) Grading shall be confined to that area of the 1 property within the construction limits. f 2) Snow fencing shall be placed at the construction limits within the wooded areas of the property prior to any grading upon the property. The snow fencing shall be installed prior to grading on the property and shall remain on the property in the City- approved locations. Said snowfencing shall remain on the property, including on each of the individual lots, until such time as City authorizes removal of the snowfencing on a lot by lot basis. i 3) City shall perform an on-site inspection of said t protective measures on the property by the City. Developer shall contact City for said inspection. Developer agrees that defects in materials and workmanship in the implementation of said measures shall then be determined by the City. 4) Defects in materials or workmanship, if any, shall be corrected by Developer. Developer agrees to call City for reinspection of the implementation measures, and to receive approval by the City prior to issuance of the grading permit by the City. PP Approval of materials and workmanship may be subject s to such conditions as the City may impose at the time of acceptance. ttt B. 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: C. Submit to the Director of Planning, and receive the Director's approval of a reforestation plan for all trees removed, damaged, or destroyed outside of the construction area. Said plan shall indicate that the trees shall be replaced by similar tree species and that the trees used for reforestation shall be no less than three inches in diameter. The amount of trees to be replaced shall be determined by the Director of Planning, using a square inch per square inch basis, according to the area of the circle created by a cross sectional cut through the diameter of a tree as measured 4.5 feet above the ground. M w D. Prepare and submit to the Director of Planning, and receive the Director's approval of a written estimate of the costs 3 of the reforestation work to be completed. 1. E. Upon approval by the Director of Planning, Developer shall implement those improvements listed above in said plans, as i approved by the Director of Planning. While the base security amount discussed in item V. above does not include the potential cost of reforestation work on the property, Developer and City agree that said security shall also guarantee the completion of said reforestation work and that the City will hold the security discussed in item V. above until said improvements are satisfactorily completed and t accepted by the Director of Planning, if said improvements become necessary as determined by the Director of Planning. ) I2. Developer agrees that, concurrent with street construction, Developer shall construct an eight-foot wide bituminous trail, in accordance with City standards and requirements, on Outlot B of the property, as depicted in Exhibit B, attached hereto. Wyndham Crest CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA j RESOLUTION NO. 87-248 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 37-87 AND ORDERING THE f PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 37-87 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 1st day of September, 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. 3747, 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. 37-87 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 September 1, 1987. Gary D. Peterson, Mayor ATTEST: I John D. Frane, City Clerk__ i Wyndham Crest ; CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA I ORDINANCE NO. 37-87 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: Sum arY This Ordinance allows rezoning of land located west of Purgatory Creek, east of Tristram Way from the Rural District to the R1-13.5 District, subject to the terms and conditions of a developer's agreement. Exhibit A. included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson CityClerk'— Mayor PUBLISHED in the Eden Prairie News on the _day of , 1987. (A full copy of the text of this Ordinance is available from the City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION A87-249 RESOLUTION APPROVING THE PRELIMINARY PLAT Of ROGER'S BODY SHOP, INC. BY ROGER L. LINDEMAN BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Roger's Body Shop, Inc., by Roger L. Lindeman dated August 19, 1987, consisting of 1.91 acres into one lot and road right-a-way for construction of an auto body shop and a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie toning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 1st day of September, 19B7. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk C `►` 0T9 Minnesota Department of Transportation District 5 2055 No. Lilac Drive OFT Golden Valley, Minnesota 55422 (612)1t4nmai April 7, 1987 593-8403 Chris Enger, Planning Director City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Re: S.P. 2744 (T.H. 169) - Plat Review of Lindeman Addition located in the NE Quadrant of Rogers Road and T.H. 169 in part of Section 23, Twp. 116, Range 22 in City of Eden Prairie, Hennepin County Dear Mr. Enger: We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. As you know, Mn/DOT is planning to upgrade T.H. 169 through this area. As a part of this upgrading, it is our plan to minimize direct access to T.H. 169 as much as possible by encour- aging shared driveways, frontage roads and local streets wherever possible. In this case, the proposed plat indicates access which serves only one lot. The existing entrance provides access not only to this lot but also to two other adjacent lots at an existing signalized intersection. The entrance as proposed would create a situation with two entrances within the area of the signalized intersection - this is unacceptable. There should only be one access point for all properties and it should be properly aligned with the inplace signalized intersection. We recommend that the developer of this property work in coordination with the other adjacent property owners and the City of Eden Prairie to agree on an access plan which serves the future needs of all properties. With all the proposed development activity in this area and our proposed widening project, it is extremely important that small one-lot developments are coordinated so they fit into an overall access plan. This coordination should be carried on with Mr. Rick Dalton, our project manager for the T.N. 169 project. Thank you for your cooperation in this matter. Sinc �Iy"; W. M. Crawford, P.E. District Engineer cc: Steve Keefe - Metropolitan Council Kenneth Felger - Henn. Co. Surveyor's Office tyy 4 An Equal Opportunity Etnployu �d) aar' Minnesota 'F Department of Transportation < District 5 (. pi 2055 No. Lilac Drive y'of To Golden Valley, Minnesota 55422 (612)593. 8403 August 11, 1987 i Don Uram, Asst. City Planner City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Re: S.P. 2744 (T.H. 169) - Plat Review of Rogers Body Shop located east of T.H. 169 near Henn. Co. Vo-Tech Entrance in part of the SW Quarter of Sect. 23, Twp. 116, Range 22, in City of Eden Prairie, Hennepin County Dear Mr. Uram: i We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. We find the plat accept- able for further development with consideration of the following comments: - As you know, Mn/DOT is currently planning to reconstruct T.H. 169 in this area. As a part of those plans, every effort is being made to improve the operation and safety of the existing highway. An important part of this improvement is to combine and limit direct access to controlled intersections such as the signalized Vo-Tech intersection. Therefore, we recommend that the "future road" shown on the plat be included with the proposed development and the existing driveways be tied into the "future road" so that there is one single approach to T.H. 169. - Coordination of this proposed development as it relates to the recon- struction of T.H. 169 should be continued with Mr. James E. Nelson, our project design engineer. His number is 593-8508. If you have any questions in regard to this review, please contact Evan Green at 593-8537. Thank you for your cooperation in this matter. Sincer 1 •(P4� Crawford; District Engineer v' cc: Steve Keefe - Metropolitan Council Kenneth Felger - Henn. Co. Surveyor's Office j { An Equal Opportunity Employer .�+ssst C C CITY OFFICES/8950 EDEN PRAIRIE ROAD/EDEN PRAIRIE.MN 55344.2499/TELEPHONE 16121937-2262 February 18, 1987 Mr. Roger L. Lindeman 6934 Edgebrook Place f Eden Prairie, MN 55344 Dear Mr. Lindeman: This letter is to inform you of the items which were discussed regarding your recent Project submittal. This meeting was attended by Brian Olsen and Randy Stearn from Ron Krueger &Associates. At this meeting, we went over specific Staff concerns regarding the Roger's Body Shoo, Inc., proposed along U.S. Highway #169. These items included, but not limited to: 1. The need for intersection details and how the proposed road aligns with the Vo-Tech road. 2• The requirement for front yard setbacks equalling 50 feet on U.S. Highway #169 and 25 feet on the future road. 3. The proposed screening of any overhead doors may mean greater setback off the future road. 4• A need for an overall drainage plan and how it works with the mini-storage. 5• The City requirement for a 70-foot right-of-way street. 6• The proposed extension of water and sewer lines to this area to service this property and the adjacent properties. 7• The screening of all parking and loading areas. Because of these concerns, it has been determined that this project is not ready to be scheduled for a Planning Commission meeting at this time. If you have any questions regarding any of Staff's concerns, please feel' free to call us at any time. Thank you. aere�ly,, Donald R. Uram Assistant Planner DRU/mh Y E C - MEMORANDUM - TO: Don Uram FROM: Eugene A. Dietz, P.E. Director of Public Works DATE: June 22, 1987 RE: ROGERS BODY SHOP An important issue in the Rogers Body Shop proposal is the access to the site and the proposed future roadway east of TH 169. The need for a roadway extension to the east opposite of the Vo-Tech entrance should be considered a "given". Additionally, the MnDot requires that the access for the site be consolidated in one location so as to utilize the detector loops that exists at the intersection and provide safe ingress/egress. There appears to be only two alternatives towards meeting these goals and are as follows: A. The proponent may wish to work privately with the two adjacent property owners to provide a short extension of the proposed roadway into the site. In this case, I would suggest that the appropriate right-of-way be dedicated by the proponent and that the permanent road section be constructed far enough east of TH 169 to provide adequate turn lanes and storage. Thereafter, the proponent could bring the driveway into the building in a more temporary location. The final element of this situation is that a special assessment agreement would be necessary to provide for a financial obligation for future construction. B. The City Council could receive a petition for a special assessment project for the construction of the roadway at this time. In this instance, the permanent roadway could be constructed to the proponents east property line and the appropriate benefit assessed against the adjacent property owners. I very much prefer alternate A. The problem with the second alternative is that it will involve specialty assessing private property owners who may or may not recognize the ultimate benefit from having a street in this location. Additionally, the cost incurred to the individauls through the special assessment process may cause financial difficulities. Because of the poten- tial difficulites with special assessment process, the proponent should not assume that the City Council would order such an improvement. EAD:ss `i STAFF REPORT TO: Planning Commission FROM: Donald R. Uram, Assistant Planner HROUGH: Chris Enger, Director of Planning DATE: August 7, 1987 PROJECT: Rogers Body Shop LOCATION: West of U.S. 169, South of Al Williams Mini-Storage APPLICANT: FEE OWNER: Roger Lindeman REQUEST: 1. Zoning District Change from Rural to I-2 Park on approximately 1.62 acres. 2. Preliminary Plat of approximately 1.93 acres into one lot and road right-of-way. I V Background , This site is currently designated on ' the Eden Prairie Comprehensive Guide Plan for development as an In- dustrial land use. Adjacent prop- erties are guided for Industrial to the north, Low Density Residential to the east and south, and cc Vocational School to the west. M" �' _ Specific land uses in this area include vacant property and large lot single family residential to the west and south, U.S. 169 and the " Hennepin County Vocational/Technical 1'2 ouu. School to the west, and Williams Mini-Storage, zoned I-2 Park to the 2 ` north. 1-2 4 t : The owner is currently requesting a Zoning District Change and Pre- PROPOSED SITE liminary Platting of approximately 1.93 acres into one lot and road right-of-way to allow for the _ R1-1 .5 development of a 23,911 square foot autobody repair shop. 9a � k AREA LOCATION MAP c � Rogers Body Shop 2 August 7, 1987 Site Plan/Preliminary Plat This 1.9-acre site is currently zoned Rural and is located directly opposite the Hennepin County Vocational/Technical School on U.S. 169. The proponent is requesting an I-2 Park zoning classification which requires a 2-acre minimum lot size, width of 200 feet, depth of 300 feet, front yard setback of 50 feet, a side yard setback of 20 feet, and a rear yard setback of 25 feet. The proposal includes a lot size of 1.68 acres, a lot width of 173 feet, a lot depth of 468 feet, front yard setback on U.S. 169 of 50 feet, and a 20-foot side yard setback. The proponent will be required to submit an application to the Board of Appeals for a variance from the minimum lot size of 2 acres and a lot width of 200 feet. According to the site survey, the lot as it currently exists would not meet the lot size requirement. The proponet is proposing a 23,911 square foot building on this site. Based upon a building footprint of 13,464 square feet, an 18.4% Base Area Ratio (BAR) and 32.7% Floor Area Ratio (FAR) has been calculated. With the extension of the future road, this lot would be classified as a corner lot and would require a 50-foot front yard setback from U.S. 169 and a 25-foot setback to parking along the future road extension. The proposed plans meet the minimum setback requirements. Based upon a building square footage of 23,911 square feet, the proponent has calculated a usage breakdown of 1,131 square feet for office; 20,083 square feet for manufacturing; and 2,697 square feet for warehouse. Using current parking requirements, a total of 67 parking spaces is required. The plans depict a total of 67 surface parking stalls, with additional space for 12 cars parked within the body repair area on the upper floor. Access Access to this site will be provided by the extension of a road in alignment with the signalized intersection on U.S. 169 to the east. Per Engineering requirements, the road has been designed with a 70-foot right-of-way centered on the property line. In response to a letter from the Minnesota Department of Transportation, and from conversations with the Engineering Department the proponent has stated that he will petition the City for a feasibility report and construction of the proposed roadway and any utilities to the eastern-most property line (see Attachments A and B). The result of the road extension to the east would require the acquisition of 35 feet of the adjacent property owner's lot. Based upon a street right-of-way of 70 feet and street width of 38 feet, the owner's garage would be approximately five feet from the right-of-way line and 16 feet from the curb line. A reduction in lot size of approximately 10,000 square feet would also be realized. In addition, because of the unusual shape of the parcel to the east, a remnant tract measuring approximately 78 feet by 183 feet from the center line of the roadway to the north would be created and would be virtually useless to the current property owner. After the dedication for the future road, a parcel measuring approximately 43 feet by 183 feet or 7,869 square feet will remain. Concern has been raised regarding the actual outcome of this piece of property. It would appear that the most reasonable use for the property would be to include it as part of the current development proposal, however, this is not possible due to ownership constraints. If the City were to approve the feasibility study and order the road and utility improvements, it may be necessary to condemn the property to the south and the C � Rogers Body Shop 3 August 7, 1987 created remnant parcel in order to accomplish the road and utility extensions to this development. Grading High points on this site range from a maximum of the 876 contour elevation adjacent U.S. 169, to a low point along the most easterly property line at the 848 contour elevation. As the plans indicate, this site slopes in an easterly direction. Because no real significant site characteristics exist on this site, grading involves primarily site preparation including building pad and parking lot construction. The proposed building on this site is designed as a two-story building with one-story underground which takes the slope into consideration. The majority of the earth work occuring is required to provide access to the lower level through a series of retaining walls and approximately 8 feet of fill. The proponent shall submit detailed retaining wall plans for review by the Building Department. In order to screen the overhead garage doors and parking areas, a series of berms are being proposed along the west and southern property lines. The berm along U.S. 169 is approximately 3 feet above U.S. 169 and approximately 13 feet above the { finished floor elevation. As site lines indicate, the berm should be high enough to screen the views of the parking in this area and of the single overhead door. The berm along the southern property line ranges from 0 to approximately 4 feet. Along the south elevation, there would be 3 garage doors and a total of 18 parking stalls which would not be screened. In order to screen the parking area's and overhead doors, alternatives such as relocating the doors to the western elevation and/or provide a decorative fence have been suggested. The proponent shall provide details regarding the screening of these areas prior to Council review. Utilities As part of the approval of the Williams Mini-Storage development, the proponent is required to extend an B-inch water line to the southern property line. With the development of this parcel, the 8-inch water line shall be extended from the terminous point to the southern property line. At this time, there is no sanitary sewer service available to this site. Because of the industrial-type use of the building, the proponent is required to submit a detailed sanitary sewer system analysis prior to City Council review. It is the developer's intention to connect to the sanitary sewer system once it is available. To ensure this, the proponent shall sign a special assesment agreement for future sanitary sewer construction. As discussed in the grading section, a storm The proposed grading plan depicts a swale along the northern property line designed surfaceto system designed nfor eas10-yearp storm tshall y. cber included ding to tas part he neof�the ng rdevelopmentwof this proposal. The proponent shall contact the Engineering Department to obtain drainage specifications. Architecture i This building has been designed as a two-story building in order to take advantage of the slope on the site. The building is rectangular in shape based upon the shape of the lot. Primary building materials include triple-scored concrete block and glazed block. The proponent will be required to submit building material samples in colors prior to City Council review. The building elevations also indicate that all rooftop mechanical equipment shall be screened by metal which {f Rogers Body Shop 4 August 1, 1987 shall compliment the proposed color of the buildings. Because of the intended use of the building, there are a total of 5 overhead garage doors to allow access to the building. There will be one overhead garage door located along the west elevation, three along the southern elevation, and one on the eastern elevation which would provide access to the underground floor area. A City Code requirement is the screening of garage doors and parking stalls from adjacent roadways. The proponent will provide detailing screening plans prior to Council review. The proponent will also be required to paint the overhead garage doors to match the brick color in order to down-play the doors. i Concern has also been raised regarding the outdoor storage of any vehicles. If outdoor storage is proposed, the proponent shall be required to maintain all storage along the eastern-most portions of the property while also providing a screening wall to prevent any views into this area. Plans shall be provided for review prior to City Council. Landscaping Based on a total square footage of 24,846 square feet, a total of 18 caliper inches would be required. The proposed landscape plan depicts a minimum of 81 caliper inches plus a number of shrubs designed to supplement the plantings. In order to provide additional screening of the overhead doors, the evergreens designated on the plan should be revised to include an equal split between 6, 8, and 10-foot evergreens. The proponent shall also provide additional shrubs planted along the retaining wall to help soften the effect of these retaining walls. Signage and Lighting 1 No signage or lighting details have been submitted at this time. Prior to Building permit issuance, the proponent is required to provide signage and lighting details. Requirements would include that all signage meet City Code and that all lighting have no off-site glare. STAFF RECOMMENDATIONS There are several remaining outstanding issues to be dealt with on this project. } These include: A. Resolution of the future roadway construction and any required utilities. B. Revision of the grading plan to reflect maximum berm heights along the southern property line. C. Revision of the landscaping plan to reflect additional shrubbery adjacent the retaining walls. D. Provision of details regarding the building materials and colors to be used. E. Revision of the utility plan to reflect the extension of the 8-inch water main from the northern property line. C C Rogers Body Shop 5 August 7, 1987 F. Provision of details regarding sanitary sewer disposal. G. Provision a screening plan for any outside storage area in which vehicles shall be parked. H. Provision of a screening plan for the overhead doors and parking areas along the south property line. Some of these issues are major, such as the road access and provision of utilities to the property. Because these issues remain unresolved at this time, Staff would recomend that there be continuance of this project until these matters are resolved. r ' / A BLOCK" SITE • ee 1 r` f a 3 �• Y- - -4 LAND f, ATTACHMENT A Possible Road Extension . \tVi`-SOTS bo / s, i\tlllnes(a Dchnrtm0nt of Transportation ¢ Ditilrict 5 F; 72055 2055 No. Lilac Drive ylOF TFk Golden Valley, Minnesota 55422 l61_ XXXXXX1 } 593-8403 l April 7, 1987 j. Chris Enger, Planning Director City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 I Re: S.P. 2744 (T.H. 169) - Plat Review of Lindeman Addition located in the NE Quadrant of Rogers Road and T.H. 169 in part of Section 23, Twp. 116, Range 22 in City of Eden Prairie, Hennepin County Dear Mr. Enger: We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. As you know, Mn/DOT is planning to upgrade T.H. 169 through this area. As a part of this upgrading, it is our plan to minimize direct access to T.H. 169 as much as possible by encour- aging shared driveways, frontage roads and local streets wherever possible. In this case, the proposed plat indicates access which serves only one lot. The existing entrance provides access not only to this lot but also to two other adjacent lots at an existing signalized intersection. The entrance as proposed would create a situation with two entrances within the area of the signalized intersection - this is unacceptable. There should only be one access point for all properties and it should be properly aligned with the inplace signalized intersection. We recommend that the developer of this property work in coordination with the other adjacent property owners and the City of Eden Prairie to agree on an access plan which serves the future needs of all properties. With all the proposed development activity in this area and our proposed widening project, it is extremely important that small one-lot developments are coordinated so they fit into an overall access plan. This coordination should be carried on with Mr. Rick Dalton, our project manager for the T.H. 169 project. Thank you for your cooperation in this matter. Sincerely, W. M. Crawford. P.E. District Engineer cc: Steve Keefe - Metropolitan Council Kenneth Felger - Henn. Co. Surveyor's Office An EqualOppnrruairy Employer ATTACHMENT B i s 4 i D. ROGER s BODY SHOP INC. by Roger L. Lindeman. Request for n strict nye Rural to I-2 on 1.68 acres with variances to be reviewed by the Board of Appeals, and Preliminary Plat of 1.91 acres into one lot and road E right-of-way for construction of an auto body shop. Location: Telchnicalfl69 across from School. A public the County Vocational Planner Uram explained the project to the Planning Commission and told of the numerous meats the Staff has had with the proponent and his engineer during the past seven months to work out some of the major issues. These issues included the road extension to the east, the screening of overhead doors and sanitarysewer issue. enth� areas, and the Brian Olson, representing the developer, presented the revised plans in response to those concerns presented by Staff. There will be 67 parking stalls located on the lot. The berming will range from approximately 14 feet along U.S. 169 and to approximately 4-1/2 feet high along the south property line. Olson showed the Commission the proposed planting material that will be used. He stated that the overhead doors and the parking lot will be completely hidden from U.S. 169 but would be partially visible from the proposed road extension. The only alternative for complete screening would be a 6 foot high fence. . Uram asked if Olson could address the sanitary sewer issue for the Planning Commission. Olson told of plans for the septic system and the drain field which would be located within the front yard setbacks along U.S. 169 and the proposed road extension to put it along the south property line. Because of this, bermung along the south property line may not be possible. The body shop can then be brought into the sewer system once it is available. If an adequate system can not be design, developer will have to look at a holding tank. Paul Struthers, architect, showed Commission revised plans for the building and office. j i i !h y. Planning Commission Minutes -6- August 10, 1987 ;r 1 Uram stated that based on the revised plans shown here tonight, Staff recommendations B, C, D & E listed in the Staff Report have been resolved. The issues that remain before the Commission are: A. Resolution of the future roadway construction and any required utilities. ! F. Provision of details regarding sanitary sewer disposal. G. Provision of a screening plan for any outside storage area in which vehicles shall be parked. J H. Provision of a screening plan for the overhead doors and parking areas along the south property line. } The proponent has said that he will petition for the City to extend the roadway to the east. Uram stated he had a discussion with NX. Hines, property owner, regarding the extension of the roadway. Mr. Hines has not been receptive to the extension at this point. The road design requires a 35-foot right-of-way acquisition from on Nn-. Siimchuck's property. This would put his garage six feet from the right-of-way line. Regarding the sanitary sewer disposal, the last idea developer has } presented to Staff doesn't appear acceptable. Staff has been in touch with the Engineering Department on this issue, however, details would have to be presented so a proper review could be conducted. The screening plan for the outside storage area can be worked out with Roger Lindeman. This would require planting material that would effectively block the overhead doors and the parking lot. Uram concluded by asking the Planning Commission to review the roadway extension and sanitary serer issues and make some recommendation as to whether or not a project like this would be feasible at this time and location. Chairman Schuck asked for comments. Hallett stated it has been four months since anyone has talked to Mr. Hines. Can the city condemn the remnant tract? Uram answered, Mr. Hines has said he hasn't seen anything happen in 20 years and he doesn't think anything is going to happen. Bye stated if the road is built, it is going to be a problem turning left off of Highway #169. Planning Commission Minutes -7- August 10, 1987 Uram replied that Gene Dietz, Director of Public Works, stated he would like to see a petition from Roger Lindeman to make sure the road will be built with this project. Anderson remarked, once the road is approved it will help Mr. Hines understand that this is going to happen. It sakes sense to get the road petition moving. Roger Lindeman addressed the Commission. Stated he has lived in Eden Prairie all of his life. He would like to put the road in. He is willing to pay Mr. Hines a decent price for his property. He is willing to work with.the City on this project and is willing to pay the price. He asked the Planning Commission for some help on this project. Fell asked about long term ownership. Lindeman answered, the body shop business is clanging. People are driving high tech cars and want to go to a shop where their cars will be repaired properly. Lindeman stated he definitely plans on long term ownership. Fell asked about the sanitary sewer situation. Uram said holding tanks are used when there is no other alternative. Fell asked what the cost was. Uram didn't know the details. Fell stated the Commission should talk about all three issues - road extension, sanitary sewer and screening - before any decision is made. Anderson asked if they could get a road extension before they get the approval of the rest of the project with the Planning Commission prior to the City Council meeting. Uram said they have to approve the whole project, or continue the whole project. Franzen suggested the developers look at ways to work out this project without acquiring the property. Schuck asked the developers what they could do as it stands right now. The architect showed another way they could take care of the screening by moving the office from the corner of the building, moving the two overhead garage doors around so that they would be screened by Highway #169. Olson commented on the septic system. Schuck asked the developers to work on this and present it again at the next meeting. MOTION 1: Motion was made by Bye, seconded by Fell, to continue the public hearing to the August 24, 1987 meeting of the Planning Commission pending resolution by proponent of the issues raised in the Staff [report of August 7, 1987 and additional issues raised at this meeting - screening of the autos, sanitary sewer, screening of the overhead doors. i 4 Planning Commission Minutes -8_ August 10, 1987 Hallett asked if they were recommeending the road extension without actually saying that. Addendum to the motion - Bye said the Planning Commission enc, ages the petition of the road. Hallett asked if Staff plans to talk to Mr. Hines before the next meeting. Uram stated that Staff would contact Mr. Hines. Motion carried 5-0-0. 6`_ CITY OF EDEN PRAIRIE { HENNEPIN COUNTY, MINNESOTA i� RESOLUTION #87-250 � A RESOLUTION APPROVING THE DEVELOPMENT OF PLANNED UNIT DEVELOPMENT OF BLUESTEM HILLS 4TH ADDITION 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 Bluestem Hills 4th Addition PUD Development by Brown Land Company 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 September 1, 1987. NOW, THEREFORE, BY RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The 8luestem Hills 4th Addition by Brown Land Company, 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 19, 1987. 3. That the PUD Development meet the recommendations of the planning Commission dated August 24, 1987. September 1987. ADOPTED by the City Council of Eden Prairie this 1st daffy of Gary D. Peterson, Mayor ATTEST: Jon D. Frane, City Clerk t I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #85-251 RESOLUTION APPROVING THE PRELIMINARY PLAT OF BLUESTEM HILLS 47H ADDITION BY BROWN LAND COMPANY B BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Bluestem Hills 4th Addition by Brown Land Company, dated August 19, 1987, consisting of 15.94 acres into 27 single family lots, 3 outlots, and road right-of-way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 1st day of September, 1987. Gary 0. Peterson, Mayor { ATTEST: n D. Frane, Tffy Clerk C � LAIR 0 ASSOCIATES Division of Kidde Consultants,Inc. Site Design and Planning Consultants May 28, 1987 Mr. Robert A. Lambert Director of Community Services 7600 Executive Drive Eden Prairie, MN 55344 Re: Twiss Property Development Proposal Dear Mr. Lambert: During our meeting in your offices on May 26, 1987, involving Brown-Land Company, Mr. & Mrs. Twiss, Krueger & Associates and myself we discussed an approach to the possible furture development of the referrenced 1D.5 acre parcel. Additionally we agreed to present this proposal to the Parks, Recreation and Natural Resource Commission on June 1, 1987, at suggested in you May 21, 1987, letter and as discussed during our meeting. The parcel of land is owned by Mr. & Mrs. Twiss and they currently reside on the site and as you know Brown-Land Company is pursuing rezoning and plating actions for the site. Current zoning is rural with the request to rezone to R1-13.5 similar to that of the Bluestem First Addition located inmediatly to the east. Current land use guiding (1982) contemplates approximately 80 percent of the total site as low density residential with the remaining 20 percent shown as "public open space, floodplain, park". The southeast 2± acres (20%) includes Purgatory Creek bed, floodplain, and contour elevations of approximately 750 feet at the creek and rises to elevations 760-800 foot. The remaining area of the site, designated low density residential on the comprehensive plan (approx. 8 112 acres) includes land with elevations of 760 feet in the extreme southwestern corner with higher elvations of 853.3 feet in the vacinity on existing Twiss home. The proposal is to plat the low density residential portions of the site with single family home sites. A roadway is proposed to be extended from existing Bennett Place westerly through 8luestem 1st Addition (area platted formely as Outlot A) to the northwest Twiss property corner. The east west roadway would ultimately continue northerly through Eden Prairie acres and connect ajith existing Purgatory Road located approximately 500 feet north of the north Twiss boundary line. The lotting arrangement has been designed to accommodate 14 single family home sites as shown on drawings prepared by Ron Krueger & Associates. Grading plans and engineering studys have been conducted to establish a feasiblity for the proposed plat. 2021 East Hennepin Avenue a Suite 250 • Minneapolis, Minnesota 55413 6121331-8668 TWX:910-576-3111 • C C Page Two May 28, 1987 The parcel is encumbered by the conservancy zone as delineated in the Purgatory Creek Study, this area is equal to 50 percent or 5.2 acres of the original 10.5 acre site. The alignment of the conservancy line, as shown in the Purgatory Creek study includes contour elevations of 830 and 820 feet on west and central areas of the site and elevations of 800 to 810 feet on the eastern edge (further east of the Twiss property the conservancy coincides with the 800 foot contour line). The result of this conservancy line reaching gound elevation heights of 810 to 830 feet is that 50 percent of the Twiss property is affected. It would appear that properties within this immediate area include 46 percent more land area in the conservancy zone then do other similiar properties located up and down stream from the Twiss site. The depth of the conservancy line measured from the center line of the creek also increases by about 45 percent in this particular length on the creek corridor as well. We have had the opportunity to review the Purgatory Creek Study, its introduction, intent, purpose approach, concepts and guidelines and would agree with the body of the report. However, in the instance of the Twiss Property a large percentage of the site is affected by the conservancy zone and it is the purpose and intent of the owners/developer to purpose a solution in concert with the desires of the staff which will accommodate both the objectives o the owners and the objectives of the Purgatory Creek Study. The proposal is to plat 14 residential single family lots as shown on the proposed plat and to request adjustments to the conservancy line by including .65 areas of the 5.22 acres currently designated conservancy zone in the plat area. This consideration would facilitate the location of three home site and the roadway continuity which is important to this site and to property under the control of Mr. Hustad located west and north. To off set this .85 acre penetration into the conservancy zone the proposal as you have suggested and as agreed to by the owner/developers, would be to provide 3.39 acres (32.3 percent) of the site as a gift to the city and also .98 acres (9.3 percent) designated as a scenic easement. The results of this are that of the 10.5 acres site 4.37 acres will be committed for inpurpituity as scenic easement and/or public open space. This would constitute 41.6 percent of the 10.5 acre Twiss parcel. Based on proposed grading plans for the site approximately 2.1 acres of existing woodland will be removed of the 6.4 acres woodland area; 67 percent would remain however. Tree replacement will be provided pursuant to city ordinance following the accomplishment of a complete tree inventory. We have walked the site and observed the proposed and existing conservancy lines and believe it is fair to conclude that the intent, purpose, concepts and guideline embodied in the Purgatory Creek plan will not be diminished by the this proposal but rather will be enhanced. This proposal will facilitate the cities goals and we are confident that upon review of this request and personally touring the property that this request will be seen as reasonable and fair. Page Three May 28, 1987 We respectfully request you thoughtful consideration to this matter and thank you for you input and ideas to date. Kindest regards, GAIR & ASSOCIATES Michael J. air MJG:aI r cc: Mr. &Mrs. Twiss David Brown Peter Knaeble i c � MEMORANDUM TO: Mayor and City Council ( TRHU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services DATE: May 27, 1987 / SUBJECT: Twiss Property Development Proposal LOCATION: West of Bluestem Hills, north and east of Purgatory Creek APPLICANT: Brown - Land Company FEE OWNERS: Robert D. and Dorothy Twiss REQUEST: I. Zoning District Change from Rural to RM-13.5 2. Preliminary Plat of 10.5 Acres into 14 Lots. This site is currently designated on the Eden Prairie Comprehensive Guide Plan as development for low density residential land use. Adjacent properties are guided for low density residential to the north and east. The property located to the south and west is guided as public open space defined by the Purgatory Creek valley. PARKS, RECREATIDN AND NATURAL RESOURCES ISSUES The parks, recreation and natural resource issues relating to this proposal include: 1. Proposal to fill approximately 20' in a ravine on the west end of the parcel to allow for extension of the road through the site and development of two lots. 2. The majority of the site is heavily wooded and, therefore, development of this parcel will require a significant amount of tree loss. The upper one-third of this site will be completely graded. 3. The proposed alignment of the road (Bluestem Lane) to the property north of this development will dictate the impact on that property, which is also heavily wooded and contains some steep wooded slopes. 4. The developer is proposing to realign the conservancy line as designated in the Purgatory Creek Study. GRADING The Director of Community Services and two representatives from the planning staff met with the developers on the site to review the proposed grading plan and revised scenic easement line. Due to the grades of this site, it would not be Possible to develop this site as 13,500 sq. ft. lots and preserve much of the northern third to one-half of this parcel. The proposed grading plan depicts cutting 20+' along much of the north side of the proposed through street and filling, and using retaining walls, on several of the lots along the south side of the street. The majority of the grading f: C (. occurs up over the edge of the creek valley wall and will have minimal impact on the experience of an individaul usig a trail along the creek valley floor adjacent to the creek. TREE REMOVAL The developer is in the process of completing a tree inventory that will be used to determine tree replacement as per the City ordinance. Staff has requested graphics depicting a map showing existing trees in areas where the trees are certain to be lost through this proposal. The developer is agreeing to replace the tree loss as per the tree replacement ordinance. IMPACT ON ADJACENT DEVELOPMENT The developer has met with the owner of the property to the north and west to determine how their proposed road alignment would impact that property. The developer will review the proposed alignment of the extension of Bluestem Lane in relation to a contour map to provide the Commission members with an idea of the impact this development has on the adjacent property. CONSERVANCY ZDNE The conservancy zone was established as a guide for Commission and Council members to review the development along the Purgatory Creek valley. The conservancy line depicted a proposed line beyond which no development should occur, if at all possible, and then only with extremely careful review to insure preservation of the valley character. The conservancy line was drawn at a large scale and generally followed the top of the creek valley, tree lines, and contour line;. The purpose of the conservancy line was to describe a tentative boundary of natural area that would be preseved along the Purgatory Creek valley. Generally, the Council has required a scenic easement be placed on all of the land between the conservancy line and Purgatory Creek; however, City staff has on occasion recommended moving the conservancy line after field inspection of a proposed revision to determine what impact the revision might have on the character of the creek valley. Attached is an exhibit that depicts a City staff proposal for an acceptable change to the conservancy line. The dark area in lots 11, 12, & 13 depict the area that is presently within the conservancy area and which staff is recommending could be removed from the conservancy area with minimal impact to the creek valley. The hash mark area is recommended as outlot areas that should be considered for dedication or donation to the City, and the area between the outlots and the conservancy line should be required to have a scenic easement placed over that portion of the site to insure preservation of the creek valley wall. The Community Services Staff would recommend that as a mitigating factor for consideration of moving of the scenic easement line the developer consider transfer of ownership of the outlots to the City to insure protection and preservation of that property, and to accommodate a future creek valley trail corridor. STAFF RECOMMENDATIONS Staff would recommend approval of the request for the zoning district change from Rural to RI-13.5 on 10.5 acres and preliminary plat of 10.5 acres into 14 single family lots and two outlots. BL:md i t C .c0 co UNION 41011 co f �\ Ln \ It Lh N •• i� N I y ' ■ H Ln 214122141 STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning DATE: August 2.1, 19B7 PROJECT: Bluestem Hills 4th Addition APPLICANT: Brown Land Company FEE OWNER: Brown Land Company and Robert D. and Dorothy Twiss LOCATION: West of Bennett Place, north of Purgatory Creek REQUEST: 1. Planned Unit Development Concept Review on 15.94 acres. 2. Planned Unit Development District Review with variances for front yard setback and street frontage on 15.94 acres. 3. Zoning District Change from Rural to R1-13.5 on 10.57 acres. 4. Zoning District Amendment on 5.36 acres within an existing R1-13.5 zoning district. 5. Preliminary Plat of 15.94 acres for 27 single family lots, 3 outlots, and road right-of-way. `Background 5 \ This is a continued item from the C .o August 1, 1987, Planning Commission meeting. At that meeting, the Planning Commission directed Staff y to look at alternative ways of i y r_ �« R 22 developing the site to minimize the impacts of the development on steep ' �y slopes including plans with fewer or no retaining walls, or less lots. i Revised Site Plan The Staff met with the proponent on Monday afternoon, August 17, 19B1, PROPOSED SITE to discuss revisions to the plan which are as follows: �= 1. The roadway has been shifted R1-13.5 (` in the northwest portion of { the site approximately 25 feet to the north. AREA LOCATION MAP Bluestem Hills 4th Addition 2 August 21, 1987 2. The retaining walls have been moved from behind the homes and incorporated into the basement wall, but this requires future homeowners to construct their homes with 4-8 feet of exposed foundation on lots adjacent to Purgatory Creek. 3. Building pads for hypothetical buildings have been increased from 50 to 55 feet of depth for lots south of Bluestem Road. 4. On the north side of Bluestem Road, pads for hypothetical buildings have been reduced from 50 to 40 feet to eliminate the retaining walls. Recently adopted Building Code requirements (see attached) were also discussed at the meeting which dictate that all development on slopes greater than 2/1 must meet these requirements. As it affects this project, each of the lots must have structural support to keep the homes from sliding down the slopes. This would either be a requirement for 40 feet of level area behind each house before the slope to the creek would begin, or would require the use of increased footing depths and structural supports to allow less than 40 feet of level area behind the house. Since future homeowners are not involved in the current review, the developer is proposing now that subsequent owners would build with increased depths of footing and structural supports. The plan, as proposed, without deep footings, and the 40- foot level area Code requirement behind the house, would increase grading approximately half-way down the steep slopes to Purgatory Creek. At some point, the cost of increased structural suppor t could cause individual builders/homeowners to request grading farther down the slopes than shown on the approved plan to meet building Code requirements. Agreeing by restrictive covenant to limit grading to the proposed plan has not been effective due to the following reasons: 1. The developers primary concern is approval and development of the subdivision for sale of lots. Once the project is approved, experience has shown that there is little to keep the covenants in force. The reverse usually occurs as potential buyers pressure for change or release from the covenants. We have recently observed developers, releasing upon request by owners, the restrictive covenants in order to accommodate pools, decks, and 3-season porches and patios. 2. The last few projects approved with restrictive covenants, have house pads proposed of a size which makes the development "work" on paper, but actual homes built, many times are larger, requiring more grading, steeper slopes, more retaining walls, and more tree loss than originally anticipated. Eleven homes have been built in subdivisions with restrictive covenants. The hypothetical building pads proposed were 60 feet by 40 feet. The actual homes built averaged 79 feet by 63 feet. It would seem to be much simpler, as an alternate, to look at a plan which did not have to rely on special restrictions placed upon parties not involved in the subdivision review process in order for the homes to be built. The developer has increased the pad depths from 50 to 55 feet for lots south of the roadway, realizing that the market is demanding larger homes on these types of lots, while at the same time, requesting a front yard setback variance. It makes no sense to grant front yard setback variances from 30 to 25 feet just to accommodate larger :9 Bluestem Hills 4th Addition 3 August 21, 1987 houses. Meeting the required setback of 30 feet would not create significant grading impacts and no additional large trees of 12 inches in diameter, or greater, would be lost in this plan. With a market demanding larger houses, having to rely on the use of engineering solutions including extra block, increased depth of footings, special site grading work, and restrictive site plan covenants for the majority of lots in the subdivision, may be indicative of a development that is not designed to fit the site. Two ways in which a site can be developed would be a technological approach, and the other would be a site planning approach. The technological approach analyzes the existing site conditions and proposes to alter the site with engineering solutions to accommodate the development plans. The site planning approach would be to fit the development plan to the site. In this case, a site planning solution would be to shift the roadway further north which would pull the building pads farther away from the creek. This may result in less lots on the north side of the roadway than originally proposed. Conclusions The R1-13.5 lot sizes are, in many cases, too small to accommodate larger homes in steeply sloped wooded areas. This is supported by recent requests by developers for front and side yard setback variances as well as some changes in subdivisions to increase lot sizes. As home and lot improvements are made over the years, the conflicts with City setbacks and preservation areas will increase with expansion for rooms, decks, pools, patios, and porches. The technological approach, proposed by the developer, requires engineering solutions that are not within the control of the developer. This approach would be approval of a subdivision with problems put off for resolution on a lot by lot basis in the future. A site planning solution is within the control of both the developer and the City Council and Commissions which would resolve the problem now. Taking all of these factors into account, the site plan, as proposed, is not the best site plan for the property, but could be better with revisions including shifting the roadway to the north and larger lot sizes. i STAFF RECOMMENDATIONS The following are alternatives for the Planning Commission consideration: 1. If the Planning Commission feels that the site plan, as proposed, is not the best site plan for the property, but could be improved with revisions in the plan including shifting the roadway to the north and larger lot sizes, then one option would be to close the public hearing and return the development plan to the proponent for revisions. 2. If the Planning Commission feels that the technological plan, as proposed by { the developer, provides the necessary safeguards to protect the public health, safety, and welfare in accordance with the provisions of the steep e slope ordinance, and represents the best site plan for the property, then one option would be to recommend approval of the revised plans dated August 19, 1987, subject to the following conditions: r. A. 30-foot front yard building setbacks. i Bluestem Hills 4th Addition 4 August 21, 1987 fi B. Maximum 50-foot pad depths. C. Compliance with all Building Code requirements on steep slopes. D. Preparation of restrictive covenants which limits the grading and building pad locations to the approved plan and certification of all building plans by a structural engineer to be filed and recorded with Hennepin County and supply evidence thereof prior to release of final plat. E. Tree replacement of 437 caliper inches with a tree replacement plan and bond to be submitted prior to final plat approval. F. Pay the appropriate Cash Park Fee. G. Dedicate to the City free and clear of all liens, encumbrances, and mortgages on Outlots A and B. H. Prior to grading, proponent shall stake the proposed grading limits with a snow fence. All snow fencing is to remain on the site until a certificate of occupancy has been issued on a lot by lot basis. 3. If the Planning Commission feels that the site plan, as proposed, does not represent the best possible plan for the property, one option would be to recommend denial of the project as submitted. t. City Staff recommends Alternative #1. i t 1985 EDITION 2905-2907 (d) Expansive Soils.When expansive soils are present,the building official may require that special provisions be made in the foundation design and con- struction to safeguard against damage due to this expansiveness.He may require a special investigation and report to provide this design and construction criteria. (e)Adjacent Loads.Where footings are placed at varying elevations the effect of adjacent loads shall be included in the foundation design. (f)Drainage.Provisions shall be made for the control and drainage of surface water around buildings.(See also Section 2907(d)6). Allowable Foundation and Lateral Pressures Sec.2906.The allowable foundation and lateral pressures shall not exceed the values set forth in Table No. 29-B unless data to substantiate the use of higher values are submitted.Table No.29-B may be used for design of foundations on rrxk or nonexpansive soil for Types 11One-hour,II-N and V buildings which do not exceed three stories in height or for structures which have continuous footings having a load of less than 2000 pounds per lineal foot and isolated footings with toads of less than 50,000 pounds. Footings Sec.2907.(a)General.Footings and foundations,unless otherwise specifi- cally provided, shall be constructed of masonry, concrete or treated wood in conformance with U.B.C.Standard No.29-3 and in all cases shall extend below the frost line. Footings of concrete and masonry shall be of solid material. Foundations supporting wood shall extend at least 6 inches above the adjacent finish grade.Footings shall have a minimum depth as indicated in Table No.29-A x unless another depth is recommended by a foundation investigation. (b)Bearing Walls.Bearing walls shall be supported on masonry or concrete foundations or piles or other approved foundation system which shall be of sufficient size to support all loads.Where a design is not provided,the minimum foundation requirements for stud bearing walls shall be as set forth in Table No. f 29-A. 1 EXCEPTIONS:1.A one-story wood or metal frame building not used for.�uman occupancy and not over 400 square feet in floor area may be constructed with walls supported on a wood foundation plate when approved by the building official 2.The support of buildings by posts embedded in earth shall be designed as specified in Section 2907(g). Wood posts or poles embedded in earth shall be pressure treated with an approved preservative.Steel posts or poles shali be pro- tected as specified in Section 2908(h). (c)Stepped Foundations.Foundations for all buildings where the surface of the ground slopes more than 1 foot in 10 feet shall be level or shall be stepped so that both top and bottom of such foundation are level. (d)Footings on or Adjacent to Slopes.1.Scope.The placement of buildings „'. and structures on or adjacent to slopes steeper than 3 horizontal to I vertical shalt be in accordance with this section. 2. Building clearance from ascending slopes. to general,buildings below slopes shalt be set a sufficient distance from the slope to provide protection from 523 9{ 1 2907 UNIFORM BUILDING CODE slope drainage,erosion and shallow failures.Except as provided for in Subsection 6 of this section and Figure No.29-1,the following criteria will be assumed to provide this protection.Where the existing slope is steeper than 1 horizontal to I vertical, the toe of the slope shall be assumed to be at the intersection of a horizontal plane drawn from the top of the foundation and a plane drawn tangent to the slope at an angle of 45 degrees to the horizontal. Where a retaining wall is constructed at the toe of the slope,the height of the slope shall be measured from the top of the wall to the top of the slope. 3.Footing setback from descending slope surface.Footing on or adjacent to slope surfaces shall be founded in firm material with an embedment and setback from the slope surface sufficient to provide vertical and lateral support for the footing without detrimental settlement.Except as provided for in Subsection 6 of =ti this sec,i n and Figure No.29-1,the following setback is deemed adequate to meet the criteria.Where the slope is steeper than i horizontal to I-vertical,the required setback shall be measured from an imaginary plane 45 degrees to the horizontal,projected upward from the toe of the slope. 4.Pools.The setback between pools regulated by this code and slopes shall be equal to one half the building footing setback distance required by this section. That portion of the pool wall within a horizontal distance of 7 feet from the top of the slope shall be capable of supporting the water in the pool without soil support. 5.Foundation elevation.On graded sites,the top of any exterior foundation shall extend above the elevation of the street gutter at point of discharge or the inlet of an approved drainage device a minimum of 12 inches plus 2 percent- The building official may approve alternate elevations, provided it can be demon- stratedthat required drainage to the point of discharge and away from the structure is provided at all locations on the site. 6. Alternate setback and clearance. The building official may approve alternate setbacks andclearances.The building official may require an investiga- tion and recommendation of a qualified engineer to demonstrate that the intent of this section has been satisfied.Such an investigation shall include consideration of material,height of slope,slope gradient,load intensity and erosion characteris- tics of slope material. (e)Footing Design.Except for special provisions of Section 2909covering the design of piles,all portions of footings shall be designed in accordance with the structural provisions of this code and shall be designed to minimize differential settlement. (f)Foundation Plates or Sills.Foundation plates or silts shall be bolted to the foundation or foundation wall with not less than t/i-inch nominal diameter steel bolts embedded at least 7 inches into the concrete or reinforced masonry or 15 inches into unreinforced grouted masonry and spaced not more than 6 feet apart. There shall be a minimum of two bolts per piece with one bolt located within 12 inches of each end of each piece. Foundation plates and sills shall be the kind of wood specified in Section 2516(c). (g)Designs Employing Lateral Bearing. 1.General.Coqstruction employ- ing poets or poles as columns embedded in earth or embedded in concrete footings 524 i 4 • f: 29-C,29-0,29-1 UNIFORM BUILDING CODE TABLE NO.29-C—CLASSIFICATION OF EXPANSIVE SOIL EXPANSION INDEX POTENTIAL EXPANSION I 'j 0-20 Very low 21-50 LOW f 51-90 Medium 91-130 High Above 130 Very high ' f TABLE NO.29•D—WEIGHTED EXPANSION INDEX' DEPTH INTERVAL2 WEIGHT FACTOR 0-1 0.4 1-2 0.3 2-3 0.2 3.4 0.1 Below 4 0 'The weighted expansion index for nonuniform soils is determined by multiplying the expansion index for each depth interval by the weight factor for that interval and summing the products. 2Depth in feet below the ground surface. i 1 y{ fax of facing a. Dof ope face of structure i The of H slope 1 W3 but need not k exceed 40'max. m I fV2 be need not exceed 15'max. i FIGURE NO.29.1 i 532 i APPENDIX UNIFORM BUILDING CODE Bonds Sec.7008.The building official may require bonds in such form and amounts as may be deemed necessary to assure that the work,if not completed in accord- ance with the approved plans and specifications, will be corrected to eliminate hazardous conditions. In lieu of a surety bond the applicant may file a cashbond or instrument of credit with the building official in an amount equal to that which would be required in the surety bond. Cuts i Sec.7009. (a)General. Unless otherwise recommended in the approved i soils engineering and/or engineering geology report, cuts shall conform to the provisions of this section. In the�bsence of an approved soils engineering report,these provisions maybe waivedfor minor cuts not intended to support structures. (b)Slope.The slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no steeper than 2 horizontal to t vertical unless the owner furnishes a soils engineering or an engineering geology report,or both, stating that the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property. (c)Drainage and Terracing. Drainage and terracing shall be provided as required by Section 7012. Fills Sec.7010. (a)General. Unless otherwise recommended in the approved soiis engineering report,fills shall conform to the provisions of this section. In the absence of an approved soils engineering report these provisions may be waived for minor fills not intended to support structures. (b)Fill Location. Fill slopes shall not be constructed on natural slopes steeper than two to one. (c)Preparation of Ground.The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials scarifying to provide a bond with the new fill and, where slopes are i steeper than five to one and the height is greater than 5 feet,by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than five to one shall be at leasi 10 feet wide.The area beyond the toe of f ill shall be sloped for sheet overflow or a paved drain shall be provided.When fill is to be placed over a cut,the bench under the toe of fill shall be at least 10 feet wide but the cut shall be made before placing the fill and acceptance by the soils engineer or engineering geologist or both as a suitable foundation for fill. (d)Fill Material. Detrimental amounts of organic material shall not be per- mitted in fills. Except as permitted by the building official,no rock or similar irreducible material with a maximum dimension greater than 12 inches shall be buried or placed in fills. EXCEPTION:The building official may permit placemem of larger rock when i 768 1985 EDITION APPENDIX the soils engineer properly devises a method of placement,continuously inspects its placement and approves the fill stability.The following conditions shall also apply: A.Prior to issuance of the grading permit,potential rock disposal areas shall be delineated on the grading plan. B.Rock sizes greater than 12 inches in maximum dimension shall be 10 feet or more below grade,measured vertically. C.Rocks shall be placed so as to assure filling of all voids with fines. (e)Compaction.All fills shall be compacted to a minimum of 90 percent of r maximumdensityasdeterminedbyU.B.C.StandardNo. 70-1.1n-placedensity ' shall be determined in accordance with U.B.C.Standard No.70-2,70-3.70-4 or 70.5. (f)Slope.The slope of fill surfaces shall be no steeper than is safe for the intended use.Fill slopes shall be no steeper than two horizontal to one vertical. (g)Drainlge and Terracing. Drainage and terracing shall be provided and the area above fill slopes and the surfaces of terraces shall be graded and paved as required by Section 7012. Setbacks Sec.7011.(a)General.Cut and fill slopes shall be set back from site bounda- ries in accordance with this section. Setback dimensions shall be horizontal " distances measured perpendicular to the site boundary Setback dimensions shall be a shown in Figure No.70-1. (b)Top of Cut Slope.The top of cut slopes shall be made not nearer to a site boundary line than one fifth of the vertical height of cut with a minimum of 2 feet and a maximum of 10 feet.The setback may need to be increased for any required interceptor drains. (c)Toe of Fill Slope.The toe of fill slope shall be made not nearer to the site boundary fine than one-half the height of the slope with a minimum of 2 feet and a maximum of 20 feet.Where a fill slope is to be located near the site boundary and the adjacent off-site property is developed,special precautions shall be incorpo- rated in the work as the building official deems necessary to protect the adjoining I property from damage as a result of such grading.These precautions may include but are not limited to: 1. Additional setbacks. 2. Provision for retaining or slough walls. 3. Mechanical or chemical treatment of the fill slope surface to minimize erosion. 4. Provisions for the control of surface waters. (d)Modification of Slope Location.The building official may approve alter- d nate setbacks.The building official may require an investigation and recommen- dation by a qualified engineer or engineering geologist to demonstrate that the intent of this section has been satisfied. 769 . 1 i APPENDIX UNIFORM BUILDING CODE I t PA Top of .. r: Slope I Neural or 1-112 but 2'min. Finish Gnde R and 20' Cut or Fill t Tot slope W S but 2'min. I slope and 10'mat. H a. W coral or Finish Grade r t Permit Am Boundary Figure No.70•1 Face of footing i Top of slope 1(..Fre of structure 1 H Toe of slope I H12 bm need m nceed 10'mu. H2 but nua not taceed I S'mu. Figure No.70-2 I Drainage and Terracing Sec.7012.(a)General.Unless otherwise indicated on the approved grading plan,drainage facilities and terracing shall conform to the provisions of this section for cut or fill slopes steeper than 3 horizontal to 1 vertical. i (b)Terrace.Terraces at least 6 feet in width shall be established at not more than 30-foot vertical intervals on all cut or fill slopes to control surface drainage and debris except that where only one ten-ace is required,it shall be at midheight. For cut or fill slopes greater than 60 feet and up to 120 feet in vertical height,one terrace at approximately midheight shall be 12 feet in width.Terrace widths and spacing for cut and fill slopes greater than 120 feet in height shall be designed by the civil engineer and approved by the building official.Suitable access shall be provided to permit proper cleaning and maintenance. Swales or ditches on terraces shall have a minimum gradient of 5 percent and must be paved with reinforced concrete not less than 3 inches in thickness or an approved equal paving.They shall have a minimum depth at the deepest point of i 770 i P 1985 EDITION APPENDIX foot and a minimum paved width of 5 feet. A single run of Swale or ditch shall not collect runoff from a tributary area exceedtn 3,500 square feet(projected)without discharging into a down drain. c)Subsurface Drainage.Cut and fill slopes shall be provided with subsur- o/rbj o` face drainage as necessary for stability. (d)Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainage way approved by the building official and/or other appropriate jurisdiction as a safe place to deposit such waters.Erosion of ground in the area of discharge shall be prevented by installation of nonerosive downdrains or other devices. Building pads shall have a drainage gradient of 2 percent toward approved drainage facilities,unless waived by the building official. EXCEPTION:The gradient from the building pad may be 1 peicent if all of the following conditions exist throughout the permit area: A. No proposed fills are greater than 10 feet in maximum depth. B.No proposed finish cut or fill slope faces have a vertical height in excess of io feet. C.No existing slope faces,which have a s!ope face steeper than 10 horizontally to 1 vertically,have a vertical height in excess of 10 feet. (e)Interceptor Drains.Paved interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above slopes towards the cut and has a drainage path greater than 40 feet measured horizontally.Interceptor drains shall be paved with a minimum of 3 inches of concrete or gunite and reinforced.They shall have a minimum depth of 12 inches and a minimum paved I widthof 30 inches treasured horizontally across the drain.The slopeof drain shall be approved by the building official. Erosion Control Sec.7013. (a)Slop.The faces of cut and fill slopes shall be prepared and maintained to control against erosion. This control may consist of effective planting.The protection for the slopes shall be installed as soon as practicable and prior to galling for final approval.Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials,such protection may be omitted. (b)Other Devices,Where necessary,check dams,cribbing,riprap or other devices or methods shall be employed to control erosion and provide safety Grading Inspection i Sec. 7014. (a)General.All grading operations for which a permit is required shall be subject to inspection by the building official. When required by the building official,special inspection of grading operations and special testing shall be performed in accordance with the provisions of Section 306 and Subsection 7014(c). (b)Grading Designation. All grading in excess of 5000 cubic yards shall be performed in accordance with the approved grading plan prepared by a civil engineer,and shall be designated as"engineered grading."Grading involving less than 5000 cubic yards shall be designated "regular grading" unless the 771 APPENDIX UNIFORM BUILDING CODE permittee,with the approval of the building official,chooses to have the grading performed as"engineered grading." (c)Engineered Grading Requirements. For engineered grading,it shall he the responsibility of the civil engineer who prepares the approved grading plan to incorporate all recommendations from the soils engineering and engineering geology reports into the grading plan. He also shall be responsible for the professional inspection and approval of the grading within his area of technical specialty.This responsibility shall include,but need not be limited to,inspection and approval as to the establishment of line,grade and drainage of the develop- ment area.The civil engineer shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor and the building official.The civil engineer also shall be responsible for the preparation of revised plans and the submission of as-graded grading plans upon completion of the work. The grading contractor shall submit in a form prescribed by the building official a statement of compliance to said as-built plan. Soils engineering and engineering geology reports shall be required as speci- fied in Section 7006.During grading all necessary reports,compaction data and soil engineering and engineering geology recommendations shall be submitted to the civil engineer and the building official by the soils engineer and the engineer- ing geologist. The soils engineer's area of responsibility shall include,but need not be limited to,the professional inspection and approval concerning the preparation of ground to receive fills,testing for required compaction,stability of all finish slopes and the design of buttress fills, where required, incorporating data supplied by the engineering geologist. The engineering geologist's area of responsibility shall include,but need not be limited to,professional inspection and approval of the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matter and the need for subdrains or other groundwater drainage devices.He shall report his findings to the soils engineer and the civil engineer for engineering analysis. The building official shall inspect the project at the various stages of the work requiring approval to determine that adequate control is being exercised by the 9. professional consultants. (d)Regular Grading Requirements.The building official may require in- spection and testing by an approved testing agency. The testing agency's responsibility shall include,but need not be limited to�., I approval concerning the inspection of cleared areas and benches to receive fill, and the compaction of fills. When the building official has cause to believe that geologic factors may be involved the grading operation will be required to conform to "engineered grading"requirements. (e)Notification of Noncompliance. If,in the course of fulfilling his response bility under this chapter, the civil engineer, the soils engineer, the engineering geologist or the testing agency finds that the work is not being done in conform- ance with this chapter or the approved grading plans,the discrepancies shall be 772 _ 198S EDITION APPENDIX reported immediately in writing to the person in charge of the grading work and to the building official. Recommendations for corrective measures, if necessary, shall be submitted. (I)7}ansfer of Responsibility for Approval.If the civil engineer,the soils engineer,the engineering geologist or the testing agency of record is changed during the course of the work,the work shall be stopped until the replacement has agreed to accept the responsibility within the area of his technical competence for approval upon completion of the work. Completion of Work See.7015.(a)Final Reports.Upon completion of the rough grading work and at the final completion of the work the building official may require the j following reports and drawings and supplements thereto: 1.An as-graded grading plan prepared by the civil engineer including original ground surface elevations, as-graded ground surface elevations, lot drainage pattems and locations and elevations of all surface and subsurface drainage facilities.He shall state that to the best of his knowledge the wor6 was done in i accordance with the final approved PP grading plan. 2.A soils-grading report prepared by the soils engineer,including locations and elevations of fi field and laboratory test and eld density tests,summaries of other substantiating data and comments on any changes made during grading and f P their effect on the recommendations made in the soils engineering investigation J report.He shall render a finding as to the adequacyof the site for the intended use. 3.A geologic grading report prepared by the engineering geologist,including a final description of the geology of the site and any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan.He shall render a finding as to the adequacy of the site for the intended use as affected by geologic factors. (b)Notification of Completion. The permittee or his agent shalt notify the building official when the grading operation is ready for final inspection.Final approval shall not be given until all work,including installation of all drainage facilities and their protective devices,and all erosion-control measures have been completed in accordance with the final approved grading plan and the required reports have been submitted. i I j 773 C C STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning DATE: August 7, 1987 PROJECT: Bluestem Hills 4th APPLICANT: Brown Land Company OWNER: Brown Land Company and Robert D. and Dorothy Twiss LOCATION: West of Bennett Place, north of Purgatory Creek REQUEST: 1. Planned Unit Development Concept Review on 15.94 acres. 2. Planned Unit Development District Review with variances for front yard setback and street frontage on 15.94 acres. 3. Zoning District Change from Rural to R1-13.5 on 10.57 acres. 4. Zoning District Amendment on 5.36 acres within an existing R1-13.5 zoning district. 5. Preliminary Plat on 15.94 acres for 27 single family lots, 3 outlots, and road right-of-way. Background 5 � — °L This site is currently designated as Low Density Residential and Open 7 .� °u,°_, Space on the Comprehensive Guide Plan with the Open Space designation confined primarily to the Purgatory Creek Corridor. The western 10.57 { Rl-22 ` acres is currently zoned rural. The J eastern 5.36 acres (13 lots) are y" , currently zoned R1-13.5 as part of � the existing Bluestem Hills Addition. The previous plan ended in a cul-de-sac, whereas a through street is proposed with this project. -13.5 ' Preliminary Plat PROPOSED SITE ,) The preliminary plat depicts the subdivision of 15.93 acres into 27, R1-13.5 AREA LOCATION MAP C C Bluestem Hills 4th 2 August 7, 1987 R1-13.5 lots, at a gross density of 1.69 units per acre. The net density outside of the area proposed for dedication to the City is 2.17 units per acre. The Guide Plan would allow for Low Density guided areas up to 2.5 units per acre. All of the proposed lots meet the minimum lot size requirements for the R1-13.5 zoning district. All of the lots meet the minimum dimensional and street frontage requirements with the exception of proposed Lot 9, with only 30 feet of frontage. The proponents are requesting a variance from the street frontage requirement as part of the PUD District Review. This will be discussed in more detail in the subsequent section on PUD variances. All of the proposed lots meet the minimum requirements of the Shoreland Management Ordinance for General Development Waters including lot sizes and building setbacks. Access Access to this site will be by an extension of Bluestem Lane from Bennett Place at the eastern-most limits of the property. Bluestem Lane is proposed to extend through this site and terminate at the northwest corner in a temporary cul-de-sac. An overall development plan submitted by the proponent depicts one way in which Bluestein Road could eventually connect back to Bennett Place and Purgatory Ridge Road to the north. The land area directly north of this site is partly in the transition zone of Purgatory Creek. The land area to the northwest is mostly in the transition zone with land closer to Purgatory Creek in the conservancy area. Based on a preliminary review of the topography it appears that the road alignment should minimize impacts on the slopes and trees. The final alignment of the street to the north would be subject to a detailed review submitted with a rezoning request for the Planning Commission and City Council. Grading Since the site is steeply sloped, the site will have to be substantially altered in order to accommodate the proposed development plan. Cuts up to 20 feet and fill of up to 25 feet are proposed in various locations throughout the site. The plan relies heavily on the use of retaining walls. The extensive retaining wall failure and damage to homes and property as a result of recent heavy rain storms, raise a question as to whether or not subdivisions should be approved on steep slopes which rely heavily on the use of retaining walls. Retaining wall failure can be a result of poor construction but poor soil conditions and poor drainage (where flows over the top of the retaining wall, or poor drainage which allows the soil behind the wall to become saturated, thus exerting additional weight which causes the wall to collapse) were the major reasons for retaining wall failure. Since the natural grades on the property exceed 12% and there is a 30-foot vertical drop in elavation, this property is subject to the previsions of slope ground review in Chapter 11. Section 11.60 of the City Code indicates development, excavation, or construction on certain slopes within the City and may result in the building of unstable structures, increased danger of erosion ano thereby endanger the natural character of the land and jeopardize the health, safety, and welfare of the citizens of the community. The ordinance requires a permit from the City Council, and that the Planning Commission and Parks, Recreation, and Natural Resources Commission should review and make a recommendation to the City Council as to whether the permit should be issued or denied. The review by these boards and the final decision of the City Council is based on the following factors: 1) Whether the application is C C Bluestem Hills 4th 3 August 7, 1987 . complete and accurate and in all respect comforms to information required for review. 2) Whether, and the degree to which, the proposed development will cause and/or be affected by erosion problems. 3) Whether any structures erected as part of the development will have adequate foundation and underlying material. 4) Whether, and the degree to which, the development will alter vegetation, topography, or other natural features of the land. 5) Any other factors relating to whether the proposed development will cause any risk or harm to any persons, property, or animals. If the City Council decides to issue the permit, they may do so subject to compliance with the reasonable conditions which shall be specifically set forth in the permit. Such conditions may, among other matters, limit the size, kind of character of the proposed work, require the construction of other structures, require replacement of vegetation or other natural features, establish required monitoring procedures and maintenance activity, stage the work overtime, require the alteration of the site design to insure buffering, or require a performance bond. Tree Replacement The tree inventory indicates a total of 2,814 caliper inches of trees on site, including amixture of oak, box elder, poplar, birch and spruce. A total of 753 caliper inches (27%) would be lost due to construction. The tree replacement policy would require 437 caliper inches to be replaced on site. Prior to review by the City Council the proponent should provide a tree replacement plan based upon 437 caliper inches of trees. Tree types proposed should be indigenous to the area. Planned Unit Development The proponent is requesting two variances. One would be a front yard setback variance from 30 to 25 feet for approximately 15 lots, and a street frontage variance from 85 feet to 30 feet for one lot. The proponent's narrative indicates that the variance for front yard setback would allow the home builders a more creative and environmentally sensitive approach thereby fitting the proposed building pads within the sloped topography in wooded areas. The subdivision would result in less disturbance of the land forms by requiring less grading and more trees would be preserved than would be possible if the ordinance was adhered to for the required 30 foot setback. The staff has analyzed the existing and proposed grading conditions for this site. An approach which would require less grading and would eliminate retaining walls on Lots 5 thru 9, Block 1, on the north side of Bluestem Lane, would be tuck under units built into the hill. Secondly, moving Bluestem Road to the north would result in less grading and retaining walls on the south adjacent to Purgatory Creek. Third, in evaluating the proposed tree loss plan, it appears that if the 3D-foot setback was required for all lots, it would not result in any more significant trees lost due to construction. Four, the market is currently proposing larger houses in scenic areas than what are shown on the plans reviewed by the Planning Commission and City Council. A survey of several of these scenic areas indicates that the average depth between the front of the house and the deck averages between 65 to 75 feet, as compared with 50 feet shown on plans to be approved. Therefore, if the front yard setback variance is to be considered, there would have to be a mechanism bywhich restricted house pad locations (proposed as a way to minimize grading and save trees) could be guaranteed to be built as proposed. s� C Bluestem Hills 4th 4 August 7, 1987 The street frontage variance from 85 feet to 30 feet is for proposed Lot 9, Block 2, on the south side of Bluestem Lane which could be classified as a "flaglot". The narrative indicates that the design of the subdivision with the flaglot is a more creative, effecient, and environmentally sensitive use of the land than if the 85- foot setback was adhered to. While this is a judgement call, Commission may wish to consider trade-offs or mitigating measures for allowing development in such a manner. The developers propose to dedicate 3.39 acres of land adjacent to Purgatory Creek to the City. This is in excess of the ordinance requirement of approximately one acre for the ten acres that are proposed for rezoning with this project. (Refer to attached memo and minutes from the Parks, Recreation, and Natural Resources Commission.) Utilities Sewer and water service can be extended to the site by connection to existing facilities at the intersection of Bennet Place and Bluestem Lane. Storm water run-off is proposed to drain from the streets into a catch basin system which will discharge into Purgatory Creek between proposed Lots 7 & 8. The design of the pipe size and the type of outlet will be required to be reviewed and approved by the Watershed District and the City Engineer. Appropriate measures should be taken to reduce the force of the water discharge so that it does not erode the creekbed. Conclusions The key question for consideration by the Planning Commission, Parks, Recreation, and Natural Resources Comnission, and the City Council would be whether or not to continue to allow development in steep slope areas which require extensive grading, and use of retaining walls. This project does require a permit to be issued by the City Council as part of the sloped ground review ordinance, based upon recommendations from both the Planning Commission and the Parks, Recreation, and Natural Resources Commission. The Planning Commission must decide whether or not there are adequate safeguards to protect building foundations, to protect and preserve the natural character of the land according to the topography and vegetation, and the general protection of the public health safety and welfare. The use of tuck under units for Lots 5 through 9 on the north side of Bluestem Road and moving Bluestem Road to the north would be a way in which the retaining walls could be minimized and reduce overall the amount of grading. If retaining walls are necessary and were to be approved with this project, they should be certified by a structural engineer and required to be built concurrent with street construction so that potential builders and owners will realize the extent to which the property can be built towards the creek. Y The Planning Commission must recommend to the City Council whether or not they feel the variances, as proposed, have been substantiated, and if the granting of the '. variances would result in a better subdivision of the land than if the strict letter of the law was enforced both for the front yard setback and the street frontage. STAFF RECOhMENDATIONS . The Planning Staff presents the following alternative courses of action for Commission consideration: C C Bluestem Hills 4th 5 August 7, 1987 I. If the Planning Commission feels that the plan, as proposed, is acceptable for development on steep slopes, then one option would be to recommend approval of the request for Planned Unit Development, Rezoning, Zoning District Amendment and Preliminary Plat based on plans dated June 25, 1987, subject to the recommendations of the Staff Report dated August 7, 1987, and based upon the following conditions: 1. Prior to City Council review, proponents shall: A. Submit soils information which depicts the suitability of the proposed soil for building development, including roads, foundations, grading, and retaining walls. B. Submit information by a certified civil engineer that the retaining walls are structurally sound. C. Revise the Preliminary Plat to depict tuck under units for } Lots 5 thru 9 and revise the grading plan which eliminates the retaining walls. D. Modify the site plan by shifting the road to the north to reduce the extent of retaining walls on the lots adjacent to the creek. E. Provide a tree replacement plan for 437 caliper inches, with tree types proposed indigenous to the area. 2. Prior to final Plat approval, proponent shall: A. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. I B. Submit detailed storm water run-off, erosion control, and utility plans for review by the City Engineer. C. Dedicate to the City free and clear of all liens, mortgages and encumbrances Outlot A and Outlot B. D. Provide a bond covering 150% of the cost of tree replacement. 3. Prior to Building permit issuance, proponents shall: A. Pay the Cash Park fee. B. Notify the City and Watershed District at least 48 hours in advance of grading. C. Stake the proposed construction limits with a snow fence. Any trees lost outside of the snow fenced area shall be required to be replaced on an area inch per area inch basis. 4. Construction of retaining walls on proposed Lot 5, 7, 11, and 12, concurrent with site grading and street construction. i o Bluestem Hills 4th 6 August 7, 1987 II. If the Planning Commission is comfortable with the land use as proposed, but does not feel that the proponents have provided adequate information or assurances to allow the development as proposed, then one option would be to return the development plans to the proponent for revisions and receipt of additional information relative to soil conditions, retaining wall construction, and a grading plan which minimizes grading and retaining walls on site. III. If the Planning Commission feels that the impact of the proposed development on the steep slopes is high and adequate assurances have not been provided to safeguard the natural features and property from potential erosion, one option would be to recommend denial. E. BLUESM-1 HILLS 4TH ADDITION by Brown land Company. Request or P ann Unit Deve opment Concept Review on 15.94 acres, Planned Unit Development District Review on 15.94 acres with variances, Zoning District Change from Rural to id-13.5 on 10.57 acres with Shoreland variance to be reviewed by the Board of Appeals, Zoning District Amendment within the P1-13.5 District on 5.36 acres, and Preliminary plat of 15.94 acres into 27 single family lots, 3 outlots, and road right-of-way. Location: West of Bennett Place and Bluestem Lane. A public hearing. Planner Franzen indicated the major concern is the policy of development on steep slopes using retaining walls, the impact this 1 project will have on Purgatory Greek, and how many trees are going to be saved. He added that as a result of recent storm damage to property the city should re-evaluate the development policy on steep slopes. This site will require a steep sloped review and recommendation from the Planning Commission to the City Council. Planner Franzen introduced David Brown, developer, and Michael Gair, consultant, who explained the proposal to the Planing Commission. Chairman Schuck stated that the Planning Commission must carefully review developments on steep slopes and that a better job must be done than in the past. He indicated that he felt several Council members share the same concern. Bye referred to the setback requirements and asked if there is any way an individual owner can come in with a variance. Franzen answered, yes they can. Fell said he was comfortable with having permanent concrete retaining walls in place before developing the property. Anderson didn't think concrete blends in with Purgatory Creek area. Fell said there are things that can be done to make the walls glend in. The developer stated they would prefer to build the walls on an individual basis to conform with the design of each house. 3 d Planning Commission Minutes -9- August 10, 1987 `^ Chairman Schuck asked the Staff for an opinion on steep sloped development. Franzen indicated he thought that the Planning Commission seemed concerned about the health and safety issue and suggested that Staff work with the developer towards a revised plan that did not have to rely on retaining walls. Fell asked about the tree losses, and would the retaining walls be certified? Developer said a structural engineer will design and approve these. Franzen indicated that there are two ways to approach development on this site. One would be an engineering solution with certified retaining walls. The other would be a site planning solution that fit the plan to the site. He added that sometimes the more complicated and restrictive the solutions become, the greater the j chances are for failure. He added that so far the restrictive covenants on recently approved subdivisions have not been effective since homeowners are building bigger homes than initially proposed. Hallett remarked that maybe all this property can not be developed because of the trees and steep slopes. Fell said he would be comfortable with developing this property azL: t some kind of covenant with a structural engineer monitoring the .� design. Bye stated she would like two more weeks to think about t}mis, and see if there are other ways of developing the property. Franzen agreed it would be advisable to look at other alternatives. One way may be moving the road to the north, creating smaller lots on the northside and larger lots with pads further from the creek on the southside. MOTION 1: Notion was made by Bye, seconded by Fell, to contimie the public hearing to the August 24, 1987 meeting of the Planning Commission pending resolution by proponent of the issues raised in the Staff Report of August 7, 1987 and any additional issues raised at this meeting and directed Staff to publish this item for the September 1 Council meeting. t c UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 1, 1987 -4- Baker asked how many people use the pool during this time. Bolinske said it is generally 30 to 50 people. Baker asked what options have been pursued with the morning swim time. Bolinske said both groups need swim time and they have encouraged them to use morning swim time. Neither group wants to push the general public out of swim lanes. He added that as many as 20-40 people come in to swim at 5:00 a.m. Cook said although he sympathizes with the Foxjets, needs are such that there are not enough available facilities. MOTION: Cook moved to recommend that an additional 1/2 hour of pool time be extended to the high school for a total of 2-1/2 hours daily and that this time is subtracted from the Foxjets time and also that the open swim time be maintained from 7:30-8:30 p.m. Shaw seconded the motion and it passed 6-0. V. DEVELOPMENT PitOPOSALS A. Twiss Property Development Proposal i Refer to memo dated May 27, 1987 from Bob Lambert, Director of Community Services. Mr. Mike Gair of Gair 6 Associates, Site Design and Planning Consultants, was present at the meeting and briefly introduced Mr. 6 Mrs. Twiss, Wayne Brown, David Brown, Greg Brown and Peter Knaeble. Mr. Gair reviewed the property which is located in the southeast portion of Eden Prairie, 1/2 mile off Bennett Place. The site is 10.5 acres with a 660' east-west dimension and a 660' north-south dimension. He pointed out the location of Purgatory Creek within the Bluestem property. Lambert asked the present location of the barn. Gair showed its location and added that Bennett Place is currently under construction with the Twiss property lying west of Bluestem. The Twiss property is being sold to David and Wayne Brown. It is currently zoned rural and the developer is asking a zoning change to R1-13.5 similar to the Bluestem First Addition to the east. The plan indicates two land uses -- the southeast portion of two acres, which is 2O% of the site, is designated as public open space, floodplain and park. Elevations range from 750' at the creek up to 800'. The remaining 8 acres is designated low density residential and includes land with elevations of 750, in the southeastern corner to 853, near the Twiss hone. Gair said that the proposal is to extend a roadway from Bennett Place west into the Bluestem First Addition to the northwest Twiss property corner. Future access would be through Eden Prairie Acres which is the Hustad property and connect with Purgatory Road. Parallel contours to this road allow the development of the Hustad property. It is proposed to plat the low density residential areas c UNAPPROVED MINUTES l EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 1, 1987 -5- with 14 single family home sites. The only problem is that 5.2 acres or 50% of the Twiss property is located in the conservancy zone. Gair showed the location of the conservancy line on the site map. Contour elevations range from 830 on the west to 800 on the east and it appears that this property includes 48% more land in the conservancy zone than similar properties in the area. After reviewing the Purgatory Creek study, Gair said that neither the property owners or developer is opposed to it, but would like to propose a solution which would accommodate both the objectives of the owners and the study. The developer is proposing 14 single family lots on the site and would like adjustments to the conservancy line to include .85 acres of the 5.2 acres within the designated conservancy zone in the plat area. In addition, they are proposing that two outlots of 3.39 acres or 33% of the site be dedicated to the City and that .98 acres or 9.3% be designated as a scenic easement. This would result in 41.6% of the site committed to scenic easement or public open space. Approximately 2.0 acres of trees will be removed of the 6.4 acres of green space which would allow about 67% to remain. Tree replacement would be provided according to City ordinance. The developer feels this is a reasonable and fair request and has spoken to staff. Baker asked why the conservancy line runs in such an uneven manner. Lambert said the line was developed in 1975 by Brauer and Associates and because of the U-shaped bend in the creek and to protect the ravine, the line does not follow the contour of Purgatory Creek. He added that the study is a guide that was developed at a large scale and it was recognized that the conservancy line would have to be adjusted. Baker asked what the City will be losing. Lambert said two key areas are: the filling of the ravine with 20, of fill, and allowing a house to be constructed on the point. Staff's major concern is the impact of this proposal on the creek valley, but Lambert said the developer has been sensitive to the site and to staff's concerns. The reason the issue was brought to this commission prior to the Planning Commission review is that the Planning Commission will ask what the Parks Commission recommends on moving the scenic easement line. Lambert added that he has had calls from people wanting to buy lots in this area asking whether decks can be located in the conservancy line. The answer to this question is no. Mikkelson asked how far it is from the base of the fill to the creek. Gair said it is approximately 2001. Cook asked what the contour is at the bottom of the fill compared to the creek. Gair said there is a 60' drop with the creek at 870. Cook said that he can appreciate needing fill for the road, but that this will be enough to support two lots. I i Cook asked if there is a reason the developer is trying to claim additional land for additional lots. Gair said that this issue deals with a certain amount of reasonableness. He agreed that this r , UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION y June 1, 1987 -6- involves two lots, but the developer wants to bring the road through to allow for the platting of the property and to keep a medium between high and low ground which would have the least impact on the conservancy zone. Gair said there is no practical { value to move further to the south. Cook asked if 20, of fill is actually necessary. Gair replied that r because of differences in contour elevation, the 20, of fill is necessary in order to be able to develop the lot. Gonyea asked if fill has been allowed in the conservancy zone before. Lambert said that the line has been adjusted previously and he cited the example of Townline Road where an individual owns five acres, all within the conservancy zone, and wants to develop it into ten lots. In this case, the line will have to be moved significantly; however, in the creek valley it is nearly a half mile wide in this location. I. i Gonyea asked about the legal aspects involved. Lambert reminded the Commission that the Purgatory Creek Study is only a guide and not an ordinance. The City has control on development on steep slopes and has the shoreland ordinance and floodplain ordinance. 9 Gonyea asked if the City has had a good success rate in having the P developers do what the City has requested. Lambert said there have been several incidents where more trees were removed than was approved. However, snow fence is now required along approved grading limits. Baker asked for a review of the basic street plan and asked if the developer would consider decreasing the depth of the street. Gair said the developer wants a good balance and would like to leave the road the road witheal t is since it i cul-de-sac wasconsidered,s the best lbut titn was rfelt thatibetter access needed to be provided for Mr. Hustad's development and that the proposal will not affect the future of the creek corridor. MOTION: Shaw moved to recommend approval of a zoning district cage from rural to RM-13.5 and the addition of a 4.37 acre dedication and scenic easement with the developer providing tree replacement in accordance with City ordinance. Gonyea seconded the motion and it passed 6-0. B. The Legion Park Addition Refer to staff report dated May 22, 1987. / This is an information item only. 4 C STAFF REPORT TO: Planning Commission FROM: Donald R. Uram, Assistant Planner HA UGH: Chris Enger, Director of Planning DATE: August 7, 1987 PROJECT: Insulation Distributors, Inc. LOCATION: West of Executive Drive, north and east of Equitable Drive APPLICANT: Welsh Construction Corporation FEE OWNER: Equitable c/o Eden Land REQUEST: 1. Planned Unit Development District Review on 100 acres. 2. Zoning District Change from Rural to I-2 Park on 2 acres. Background This 2-acre site is part of the Edenvale Executive Center III plat, M previously reviewed and approved by the Planning Commission and City Council in 1986. RM-2.5 PLI `« L The Comprehensive Guide Plan des- ignates this site for Industrial C-CO RM-2.5 land uses as are the properties to / <, the north and east. The Com- C-C 1T. (.. prehensive Guide Plan designates the property to the south and west for `'4 t Office land uses. Specific land j uses in this area include Reynolds Printing, zoned I-2 Park to the north; CMS Regional Headquarters, PROPOSED SITE zoned I-2 Park to the east; and, y l-_na_.s� vacant property to the south and i -> a west. - / C-RE6 Site Plan IT . ..... I 1 The site plan depicts the con- struction of a 29,885 square foot office/warehouse building on Lot 1, —j Block I, Edenvale Executive Center III. The site contains 2 acres and has a Base Area Ratio (BAR) of 27.2% AREA LOCATION MAP � t Insulation Distributors 2 August 7, 1987 and an overall Floor Area Ratio (FAR) of 34.2%. In the 1-2 Park zoning district, building setbacks include a 50-foot front yard setback, 20-foot side yard setback, and a 25-foot rear yard setback. The building location; as proposed, meets the minimum requirements of the zoning district. Access to the site will be provided by two driveways off Equitable Drive, one of which is a shared driveway with CMS Regional Headquarters. As required for approval of the CMS Regional Headquarters building, a 20-foot green space was required adjacent the eastern building edge on this lot to compensate for the lack of green space between the buildings. This green space has been included as part of the current development proposal. Because this parcel is considered a corner lot, parking is allowed within 112 the distance of the front yard setback on one of the street frontages. As the plans indicate, a 25-foot setback is maintained along the south property line with the exception of the western-most parking stall and a 50-foot setback along the western property line. Plans shall be revised to reflect the relocation of this parking stall. Based upon a total office square footage of 8,509 square feet and warehouse square footage of 21,376, a total of 54 parking spaces are required. The proponent is providing 53 actual and 14 proof-of-parking spaces along the north property line for a total of 67 parking spaces on-site. The building is designed to provide maximum warehouse efficiency for the proposed tenant. There is room for 5 truck docks located along the north end of the building and another loading bay along the eastern side of the building to service any additional lease space. The building has been designed so that they would not be i visible from the adjacent roadways or buildings. In reviewing the site lines that have been submitted, it was apparent that the trucks would be visible from Edenvale Executive Center. In response to that, the proponent has indicated on the plans that the berm will be raised and additional plantings will be located to screen all views into the loading dock area. The proponent shall submit details of plans prior to Council review. Grading This site has been previously graded with the development of adjacent properties. Proposed contours depict a slope in a westerly direction from the 870 contour elevation along the north property line to the 866 contour along the south property line adjacent Equitable Drive. The majority of grading on-site is to allow for the building pad location and parking areas. According to City Code, all parking areas must be screened from view from adjacent roadways. The proponent is proposing between a 4 to 5-foot berm adjacent Equitable Drive to screen all parking areas. It has been established that the screening of parking areas in 25 feet is relatively hard to do. The proponent shall revise the landscape plan to reflect additional coniferous trees along the south property line for screening purposes. Landscaping 8ased upon a building square footage of 29,885 square feet, which has been doubled because of the height of the building, a total of 149 caliper inches of plant material is required. The landscape plan depicts a total of 166 caliper inches . provided on this site. Because of the size and location of the loading dock areas, Insulation Distributors 3 August 7, 1987 Staff would recommend that the proponent group the larger coniferous trees in these areas. In addition, as previously mentioned within the grading section, the proponent will be required to submit detailed grading and landscaping plans for the off-site work required on the Edenvale Executive Center site. Architecture Building elevations have been submitted for review. Primary building materials include facebrick, glass, and decorative concrete block. on the northern elevation whering used. e To beve lading docks are proosed,consistent, the visiblepscreenawallrockshall becfacebrickface deorativebltok matchbethe building. Building material and color samples shall be submitted prior to City Council review. Rooftop mechanical units are proposed to be screened with pre- finished metal enclosures to match flashing. A typical plan shall be submitted prior to Council review. Utilities Water and sanitary sewer service is available to this site by connection to services within Equitable Drive. Storm water drainage is proposed to drain in a southwesterly direction through a series of catch basins located along the western and southern property lines and discharging into an existing storm sewer within Equitable Drive. Signage and Lightin No signage or lighting details have been submitted at this time for review. The Proponent shall submit an overall lighting plan and signage plan for review by Staff prior to Council review. Details shall show the consistency between this buil and existing buildings within the Edenvale Executive Park. ding STAFF RECOMMENDATIONS Staff would recommend approval of the request for a Zoning District Change from Rural to I-2 Park on 2 acres with variances based upon revised plans dated August 6, 1987, and subject to the Staff Report dated August 79 1987, and subject to the following recommendations: 1. Prior to Council review, proponent shall: A. Submit a detailed grading and landscape plan for any work proposed to occur within the Edenvale Executive Center. B. Relocate the westerly-most parking stall adjacent Equitable Drive to maintain a 25-foot front yard setback. C. Provide samples of exterior building materials. D. Provide additional groupings of large coniferous trees adjacent to the loading dock areas to help screen the views. E. Relocate additional coniferous trees along the berm located adjacent to Equitable Drive to insure that all parking areas will be screened. C { Insulation Distributors 4 August 7, 1987 2• Prior to Building permit issuance proponent shall: A. Provide signage and lighting details. B. Submit detailed storm water run-off, erosion control, and utility Plans for review by the City Engineer. C. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. D. Pay the appropriate Cash Park Fee. E. Notify the City and Watershed District at least 48 hours in advance of grading. { C. INSCIATION DISTRIBUTORS INC., by Welsh Companies, Inc. Request for Panne nit Deve opment District Review on 100 acres with variances, Zoning District Change from rural to I-2 on 2 acres for construction of a 30,672 square foot office/warehouse. Location: South of Valley View Road on Equitable Drive. A public hearing. Planner Uram introduced Paul Dunn from Welsh Companies and David Clark, the architect for the project. A brief description of the project was given indicating size, location and architecture. Uram stated that Staff recommends approval of the project with recommendations on page 3 and 4 of the Staff Report. Chairman Schuck asked for comments. Hallett inquired about the walkway system in the area. Franzen said there will be a trail along the north side of the creek and that there should be a creek crossing out on Mitchell Road. MOTION 1: 1 Motion was made by Bye, seconded by Fell, to close the public hearing. Motion carried 5-0-0. Planning Commission Minutes -5- August 10, 1987 1 1,0M id 2: Motion was made by Bye, seconded by Fell, to recommend to the City Council approval of the request of Welsh Companies, Inc. for Planned Unit Development District Review on 100 acres with variances, Zoning District Mange from Rural to I-2 on two acres for office/warehouse use, based on revised plans dated August 6, 1987, subject to the recommendations of the Staff Report dated August 7, 1987. Motion carried 5-0-0. i SEPTEMBER 1,1987 36857 VOID OUT CHECK 2066.07- 36894 VOID OUT CHECK 43.75- ?0;898 VOID OUT CHECK 29.00- 07 NORTHERN STATES POWER CO SERVICE 307.74 ,,iOB MINNESOTA GAS CO SERVICE 177.45 36909 NATL LEAGUE OF CITIES CONFERENCE-CITY MANAGER 100.00 36910 INTL PERSONNEL MGMT ASSN CONFERENCE-HUMAN RESOURCES 60.00 36911 MINN CLE CONFERENCE-POLICE DEPT 300.00 36912 CITY OF MINNETONKA CONFERENCE-COMMUNITY CENTER 120.00 36913 PADGETT THOMPSON CONFERENCE-CITY STAFF 588.00 36914 TC RUG TREASURER PAUL DOCKRY MEMBERSHIP DUES-PLANNING DEPT 15.00 36915 BEER WHOLESALERS INC BEER 5394.40 36916 CAPITOL CITY DISTRIBUTING CO BEER 16.35 36917 COCA COLA BOTTLING CO MIX 826.90 36918 DAY DISTRIBUTING CO BEER 7884.76 36919 EAST SIDE BEVERAGE CO BEER 13283.95 9 36920 KIRSCH DISTRIBUTING CO BEER 516.62 ' 36921 MARK VII DISTRIBUTORS BEER 20681.14 pp 36922 PEPSI/7-UP BOTTLING CO MIX 715.65 4 36923 ROYAL CROWN BEVERAGE CO MIX 92.55 36924 THORPE DISTRIBUTING CO BEER 23305.05 g 36925 TWIN CITY HOME JUICE CO MIX 64.56 36926 KAY ASSELSTINE REFUND-HORSEBACK RIDING 30.00 36927 VOID OUT CHECK 0.00 36928 KATHLEEN BIRLWELL REFUND-HORSEBACK RIDING 15.00 36929 TONY BONGAARTS REFUND-HORSEBACK RIDING 15.00 36930 SANDRA CHORLTON REFUND-HORSEBACK RIDING 15.00 j 36931 KAREN EDSTROM REFUND-HORSEBACK RIDING 30.00 "'32 PAULA ELLINGSON REFUND-HORSEBACK RIDING 15.00 . 33 JAN FARMER REFUND-HORSEBACK RIDING 15.00 36934 CORRINE FOLEY REFUND-HORSEBACK RIDING 15.00 36935 JENNIFER GALLIVAN REFUND-HORSEBACK RIDING 15.00 36936 LEAH TAYLOR HAKLIK REFUND-HORSEBACK RIDING 15.00 36937 PATRICIA HAMMER REFUND-HORSEBACK RIDING 15.00 36938 SUE HENDERSON REFUND-HORSEBACK RIDING 30.00 36939 LINDA HOFFER REFUND-SWIMMING LESSONS 1.00 36940 DAVID HOKE REFUND-HORSEBACK RIDING 15.00 36941 JOANNE JOHNSON REFUND-HORSEBACK RIDING 15.00 36942 KARON JOYER REFUND-HORSEBACK RIDING 15.00 36943 JENETTE JUNE REFUND-HORSEBACK RIDING 15.00 36944 PEG KAMHALZ REFUND-HORSEBACK RIDING 45.00 36945 NICOLE KELJIK REFUND-HORSEBACK RIDING 15.00 36946 PATRICIA KORTE REFUND-HORSEBACK RIDING 30.00 36947 MARY LANGLEY REFUND-HORSEBACK RIDING 15.00 36948 KATHY MARCH REFUND-HORSEBACK RIDING 15.00 36949 SALLY MATTKE REFUND-HORSEBACK RIDING 30.00 36950 JANIS MAYER REFUND-HORSEBACK RIDING 15.00 36951 SUE MCMICHAEL REFUND-HORSEBACK RIDING 30.00 36952 SCOTT MORFORD REFUND-HORSEBACK RIDING 15.00 36953 KATHY MORTON REFUND-HORSEBACK RIDING 15.00 36954 JOYCE MYHRE REFUND-HORSEBACK RIDING 15.00 36955 KATHRYN NEITZEL REFUND-HORSEBACK RIDING 15.00 36956 JANET OLSON REFUND-HORSEBACK RIDING 15.00 36957 CIOVANNA PATANI REFUND-HORSEBACK RIDING 15.00 8 CANDACE PETERSON REFUND-HORSEBACK RIDING 15.00 7289730 SEPTEMBER 1,1987 36959 MICHAEL REGENSCHEID REFUND-TENNIS LESSONS 17.00 36960 KATHLEEN SCHUMACHER REFUND-HORSEBACK RIDING 30.00 `n61 JANET SNELL REFUND-HORSEBACK RIDING 15.00 52 CAROL SUGGS REFUND-HORSEBACK RIDING 15.00 3u963 JERRY THIMSEN REFUND-HORSEBACK RIDING 15.00 36964 JEFF THOMAS REFUND-HORSEBACK RIDING 15.00 36965 LINDA THOMAS REFUND-HORSEBACK RIDING 15.00 36966 LINDA TOSKEY REFUND-HORSEBACK RIDING 30.00 36967 KATHY WELLS REFUND-HORSEBACK RIDING 15.00 36968 KAY WESTLING REFUND-SAILING LESSONS 5.00 36969 CITY OF EDINA REGISTRATION FEE-COMMUNITY CENTER 40.00 36970 DENNIS BERGMAN REFUND-HORSEBACK RIDING 15.00 36971 NORTHWESTERN BELL TELEPHONE CO SERVICE 3642.73 36972 MN ICE ARENA MANAGER ASSN CONFERENCE-COMMUNITY CENTER 180.00 36973 FEDERAL RESERVE BANK PAYROLL 8-7-87 48091.97 36974 COMMISSIONER OF REVENUE PAYROLL 8-7-87 12666.40 36975 GREAT WEST LIFE ASSURANCE CO PAYROLL 8-7-87 4176.00 36976 ICMA RETIREMENT CORP PAYROLL 8-7-87 865.00 36977 P E R A PAYROLL 8-7-87 99.00 36978 INTL UNION OF OPERATING ENG PAYROLL 8-7-87 805.00 36979 P E R A PAYROLL 8-7-87 23363.34 36980 UNITED WAY OF MINNEAPOLIS PAYROLL 8-7-87 158.88 4 36981 CITY COUNTY CREDIT UNION PAYROLL 8-7-87 699.13 36982 LEAGUE OF MN CITIES INS TRUST LIABILITY INSURANCE 80.00 36983 NORTHWESTERN BELL TELEPHONE CO SERVICE 507.98 36984 MILE CONFERENCE-ASSESSING DEPT 135.00 36985 MILE CONFERENCE-ASSESSING DEPT 135.00 36986 PARK JEEP PARTS-EQUIPMENT MAINTENANCE 65.28 -37 DANA GIBBS PACKET DELIVERIES 156.00 38 NORTHERN STATES POWER CO SERVICE 6500.00 p 36989 SHAKOPEE FORD INC -WINDOW MOTOR/DOOR SWITCH/PATCHED WHEEL 1999.06 f -HOUSE & GAS OUTLET HOSE/REAR VIEW MIRROR/ j -FRONT & REAR AXLE REPAIRS/REPAIRED DOOR & t REPAINTED DOOR-EQUIPMENT MAINTENANCE 36990 KAKI WAHL MILEAGE 43.45 36991 U S POSTMASTER POSTAGE-FIRE DEPT 220.00 36992 NATL LEAGUE OF CITIES CONFERENCE-COUNCIL MEMBER 90.00 36993 U S WEST CELLULAR INC SERVICE 161.32 36994 KEY PRODUCTIVITY CENTER CONFERENCE-CITY MANAGER 145.00 36995 GREGG NELSON TRAVEL INC CONFERENCE-POLICE DEPT 460.00 36996 NATL LEAGUE OF CITIES CONFERENCE-ASSISTANT TO THE CITY MANAGER 90.00 36997 AT & T INFORMATION SYSTEMS SERVICE 519.41 36998 AT& T INFORMATION SYSTEMS SERVICE 66.20 36999 NORTHERN STATES POWER CO SERVICE 14604.70 37000 NORTHWESTERN BELL TELEPHONE CO SERVICE 1063.82 37001 AT& T COMMUNICATIONS SERVICE 0.30 37002 CITICORP INDUSTRIAL CREDIT SEPTEMBER 87 MAINTENANCE AGREEMENT 656.81 37003 VOID OUT CHECK 0.00 37004 WELSH COMPANIES SEPTEMBER 87 RENT-CITY HALL 1449.67 37005 PRIOR WINE CO WINE 833.53 37006 EAGLE WINE CO WINE 1426.39 : 37007 GRIGGS COOPER & CO INC LIQUOR 9087.40 37008 ED PHILLIPS & SONS CO LIQUOR 8476.48 37009 QUALITY WINE CO WINE 4812.76 10 J0121SON BROTHERS 14HOLESALE LIQUOR LIQUOR 9447.43 15820744 SEPTEMBER 1,1987 37011 PAUSTIS & SONS CO WINE 144.00 37012 CAPITOL. CITY DISTRIBUTING CO WINE 138.03 7'e)13 THORPE DISTRIBUTING CO WINE 18.10 14 HOPKINS POSTMASTER POSTAGE-UTILITY BILLING 47.88 ,)1015 JIM STUCKEL BOUNDARY CANOE TRIP GUIDE/FEES PD 480.00 37016 PADGETT THOMPSON CONFERENCE-FINANCE DEPT 98.00 37017 NORMAN WARTNICK SOFTBALL OFFICIAL/FEES PD 29.00 37018 EMMONS FORD SALES 1986 FORD BRONCO-POLICE DEPT 12385.00 37019 PETTY CASH EXPENSES-CITY HALL 55.73 37020 COMMISSIONER OF REVENUE JULY 87 FUEL TAXES 244,97 37021 COMMISSIONER OF REVENUE JULY 87 SALES TAX 22530.20 37022 COMMISSIONER OF REVENUE HALF OF JUNE 87 SALES TAX 53 .8518 37023 METROPOLITAN WASTE COMMISSION DEFERMENT PAYMENT 16851853 .00 37024 AMY ABBATE REFUND-SWIMMING LESSONS 14.00 37025 MAUREEN HALLENBERG REFUND-SWIMMING LESSONS 37026 LINDA HOFFER REFUND-SWIMMING LESSONS 12.25 13.25 37027 JANINE LEHMAN REFUND-SWIMMING LESSONS 13.00 50 37028 SHERYL RENLUND REFUND-SWIMMING LESSONS 13.00 37029 NORTHERN STATES POWER CA SERVICE 7920.12 37030 AAA STRIPING SERVICE INC STREET STRIPING-STREET MAINTENANCE 1950.60 37031 ACRO-MINNESOTA INC OFFICE SUPPLIES 458.94 37032 HERBERT ADOLPHSON MILEAGE& MEETING EXPENSES-BUILDING DEPT 113,19 37033 AIRLIFT DOORS INC GARAGE DOOR REPAIRS-PARKS BUILDING 145.20 37034 AMERICAN PLANNING ASSN MEMBERSHIP DUES-PLANNING COMMISSION 37035 EARL F ANDERSEN & ASSOC INC SIGNS-STREET MAINTENANCE 1 570.00. 37036 MARK ANDERSEN 75 SOFTBALL OFFICIAL/FEES PD { 37037 ANSAFONE OF MN INC TELEPHONE REPAIRS-CITY HALL 1377.50 8700 37038 ASSOCIATED ASPHALT INC BLACKTOP-STREET MAINTENANCE 30. 39 B R W INC JULY 87 SERVICE-TRAFFIC STUDY 744.48 2 40 BATTERY & TIRE WAREHOUSE INC -LAMPS/FUSES/SPARK PLUGS/BATTERIES- .4 EQUIPMENT MAINTENANCE 113.46 37041 BERGIN AUTO BODY TRUCK REPAIRS-EQUIPMENT MAINTENANCE 3r 37042 LOIS BOETTCHER 23-15 -PARK & RECREATION MEETING MINUTES FOR 354.25 !' 8-17-87 37043 BILL BRODEN VOLLEYBALL OFFICIAL/FEES PD 13.00 37044 BRAUN ENG TESTING INC SERVICE-RIVER VIEW RD & VALLEY VIEW RD 37045 DAVE BRODEN VOLLEYBALL OFFICIAL/FEES PD 667.20 37046 BROWN & CRIS INC EMERGENCY REPAIRS DUE TO STORM DAMAGE 13.00 37047 TIM BUSHNELL HOCKEY OFFICIALJFEES PD 3057.97 37048 CADY COMMUNITCATIONS TELEPHONE REPAIRS-CITY HALL 30.00 37049 CARDOX CORP CARBON DIOXIDE-WATER DEPT 63.56 37050 CARLSON REFRIGERATION CO INC 1210.93 ICE MACHINE REPAIRS-LIQUOR STORE 37051 CEDAR HILLS GOLF COURSE GOLF LESSONS/FEES PD 75.81 37052 CHAPIN PUBLISHING CO LEGAL ADS 90.50 37053 MEGAN CHORLTON TEEN VOLUNTEER WAGES 245.70 37054 COMMUNICATIONS CENTER RADIO-EQUIPMENT MAINTENANCE 108.90 37055 CONTECH CONSTRUCTION PRODUCTS IP1C -PIPES USED TO PUMP ROUND LAKE DUE TO 1006.34 STORM DAMAGE 539.79 } 37056 COPY EQUIPMENT INC OFFICE SUPPLIES-ENGINEERING DEPT 40.80 1 37057 CORPORATE RISK MANAGERS INC AUGUST 87 INSURANCE CONSULTANT 455.00 37058 CULLIGAN SERVICE 37059 CULLIGAN SERVICE 26.30 37060 CUTLER-MAGNER COMPANY QUICKLIME-WATER DEPT 26.30 84 37061 DALCO -CLEANING SUPPLIES-COMMUNITY CENTER & 6 438. WATER DEPT 38.60 24543685 SEPTEMBER 1,1987 37062 D B SERVICE & EQUIPMENT -TIMER/MOTOR STARTER/FLOW SWITCH/PILOT 661.70 -IGNITOR/PIPE & WIRE/GAS VALVE-EQUIPMENT MAINTENANCE 63 DECORATIVE DESIGNS SERVICE 49.50 .)i064 DEM CON LANDFILL INC JULY 87 DISPOSAL CHARGES-STREET DEPT 80.00 37065 LARRY DOIG EXPENSES-EQUIPMENT MAINTENANCE 15.00 37066 DONALDSON INDUSTRIAL GROUP DUST COLLECTOR BAGS-WATER DEPT 1046.61 37067 DRISKILLS SUPER VALU EXPENSES-CITY HALL & COMMUNITY CENTER 263.49 37068 DRISKILLS SUPER VALU EXPENSES-COMMUNITY CENTER 496.16 37069 BETH DURRE TEEN VOLUNTEER WAGES 149.50 37070 EAGLE SNACKS INC SUPPLIES-LIQUOR STORE 28.56 37071 EDEN PRAIRIE APPLIANCE DISHWASHER REPAIRS-FIRE DEPT 77.64 37072 ELVIN SAFETY SUPPLY INC SAFETY SUPPLIES-WATER DEPT 17.40 1 37073 CHRIS ENGER AUGUST 87 EXPENSES 167.50 37074 RON ESS HOCKEY OFFICIAL/FEES PD 82.50 37075 FINLEY BROS ENTERPRISES FENCE TIES-PARK MAINTENANCE 75.00 a: 37076 FLEET MAINTENANCE INC -CORE EXCHANGE/INSTALLED 8 REBUILT 1356.45 -INJECTORS/ADJUSTED VALVES/REBUILT PVC -ASSEMBLY/REPLACED FUEL FILTERS/SEAL KIT- EQUIPMENT MAINTENANCE 37077 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORE 820.11 37078 LYNDELL FREY EXPENSES-COMMUNITY CENTER 9.01 37079 GARDNER HARDWARE CO -GARAGE DOOR PART-WATER DEPT/DOOR LOCK- 135.70 COMMUNITY CENTER 37080 GENERAL COMMUNICATIONS INC RADIO REPAIRS-EQUIPMENT MAINTENANCE 44.50 37081 GENERAL WATERPROOFING COMPANY INC SERVICE-HOMEWARD HILLS PARK 456.00 37082 JOSEPH GLEASON SOFTBALL OFFICIAL/FEES PD 478.50 } 37083 GOODYEAR TRUCK TIRE CENTERS TIRE-EQUIPMENT MAINTENANCE 191.65 '184 R L GOULD & CO INC 72 50 LB BAGS OF GRASS SEED-PARKS DEPT 5940.00 85 MELISSA GRAFF TEEN VOLUNTEER WAGES 109.35 37086 W W GRAINGER INC DIGITAL MULTIMETER-WATER DEPT 147.25 37087 CHERI GUNDERSON VOLLEYBALL OFFICIAL/FEES PD 65.00 37088 HARDRIVES GRAVEL-STREET MAINTENANCE 475.19 37089 EMIL HARLEY & ASSOCIATES INC U S CONSTITUTION BANNER-HISTORICAL CULTURE 68.50 37090 HARMON GLASS 2 WINDSHIELDS-EQUIPMENT MAINTENANCE 344.53 37091 HAYDEN MURPHY EQUIPMENT CO EQUIPMENT RENTAL-DRAINAGE CONTROL 1138.00 37092 HENNEPIN COUNTY TREASURER TRAFFIC SIGNAL MAINTENANCE AGREEMENT 207.29 °t 37093 HENNEPIN COUNTY PUBLIC RECORDS FILING FEE-ENGINEERING DEPT 10.50 37094 HENN CTY DEPT OF PROPERTY TAX POSTAGE-VOTER REGISTRATION VERIFICATIONS 18.06 37095 HENNEPIN COUNTY TREASURER SERVICE-PLANNING DEPT 45.00 37096 HENNEPIN COUNTY TREASURER LICENSE FEE-PARKS DEPT 130.50 . 37097 EUGENE HICKOK & ASSOCIATES JUNE 87 SERVICE-PURGATORY RECREATION AREA 6046.05 37098 JACK HOENE HOCKEY OFFICIAL/FEES PD 49.50 37099 HOFFERS INC SOFTBALL FIELD MARKING-PARKS DEPT 176.50 E 37100 MICHAEL J. HOSTETLER HOCKEY OFFICIAL/FEES PD 88.50 37101 HYDRO ENGINEERING INC EQUIPMENT RENTAL-DRAINAGE CONTROL 2170.00 37102 IBM SEPTMBER 87 MAINTENANCE AGREEMENT 217.00 37103 INDEPENDENT SCHOOL DIST #272 -JULY 87 CUSTODIAL SERVICE-WATER PLANT & 1507.34 -PUBLIC WORKS BUILDING/ROOM RENTAL- COMMUNITY SERVICES 37104 IDEAL ELECTRIC COMPANY PUMP REPAIRS-WATER DEPT 1274.70 37105 INTL CONFERENCE OF BLDG OFFICIALS MEMBERSHIP DUES-BUILDING DEPT 140.00 37106 JATA MARKETING SUPPLIES-LIQUOR STORE 62.00 37107 JM OFFICE PRODUCTS INC -OFFICE SUPPLIES-HUMAN RESOURCES & STREET 137.70 if DEPT 2727094 i SEPTEMBER 1,1987 37108 PETER JOAS TEEN VOLUNTEER WAGES 90.50 37109 CASSIE JOHNSON TEEN VOLUNTEER WAGES 93.60 37110 KEITH KAPITAN SOFTBALL OFFICIAL/FEES PD 188.50 11 TOM KEEFE SOFTBALL OFFICIAL/FEES PD 126.50 , 112 RON KIRSCH VOLLEYBALL OFFICIAL/FEES PD 13.00 37113 VOID OUT CHECK 0.00 37114 TOM KLITZKE SOFTBALL OFFICIAL/FEES PD 344.50 37115 K MART 3052 SUPPLIES FOR DAY CAMP-COMMUNITY CENTER 56.69 37116 LAKESIDE PLUMBING REFUND-PLUMBING PERMIT 20.50 37117 ROBERT LAMBERT AUGUST 87 EXPENSES 176.52 37118 LANCE SUPPLIES-LIQUOR STORE 144.90 37119 LANG PAULY &'GREGERSON LTD APRIL 87 LEGAL SERVICE 15271.27 37120 LANG PAULY& GREGERSON LTD APRIL & MAY 87 LEGAL SERVICE-INTL SCHOOL 3262.50 37121 LANG PAULY & GREGERSON LTD MARCH 87 LEGAL SERVICE-LANDFILL 3478.95 37122 LARKSTUR ENGINEERING & SUPPLY INC HYDRAULIC HOSE-EQUIPMENT MAINTENANCE 433.50 { 37123 LOGIS SCHOOL-CITY HALL 700.00 37124 LOGIS JULY 87 SERVICE 6486.80 37125 LOUISVILLE LANDFILL INC JULY 87 DISPOSAL CHARGES-PARKS DEPT 318.00 37126 LYMAN LUMBER CO PLYWOOD-PARK MAINTENANCE 672.24 37127 MIKE MARUSHIN METRIC WRENCH SET-EQUIPMENT MAINTENANCE 98.05 37128 TAMMY MCDONOUGH MILEAGE 5.00 37129 TIM MCGOVERN HOCKEY OFFICIAL/FEES PD 108.00 37130 MORGAN MCINTOSH TEEN VOLUNTEER WAGES 51.98 37131 MIDWEST ASPHALT CORP BLACKTOP-STREET MAINTENANCE 281.17 37132 MIDWESTERN MECHANICAL REFUND-PLUMBING PERMIT 96.50 37133 HERMAN MILLER INC MODULAR WORKSTATIONS-CITY HALL 8315.44 37134 MINNESOTA COMMUNICATIONS CORP AUGUST 87 PAGER SERVICE 16.00 37135 MN CONWAY FIRE & SAFETY FIRE PROTECTION CLOTHING-FIRE DEPT 578.00 136 MN FLEXIBLE CORPORATION HOSE-SEWER DEPT 126.60 37 MN MAYORS ASSOCIATION MEMBERSHIP DUES-CITY MAYOR 10.00 37138 MINNESOTA SUBURBAN NEWSPAPERS INC ADS-LIQUOR STORE 137.80 37139 MINNESOTA VALLEY ELECTRIC CO-OP SERVICE 37.75 37140 MOON VALLEY AGGREGATES SAND BAGS-STORM DAMAGE 1896.00 37141 SHARON MORGANS NOVELTIES SUPPLIES-LIQUOR STORE 97.25 37142 MOTOROLA INC RADIO REPAIRS-FIRE DEPT 267.52 37143 MELANIE MUSTANSKI TEEN VOLUNTEER WAGES 9.00 37144 J P NOREX INC -WATERMAIN & SEWER REPAIRS/REPLACED FIRE 3495.50 HYDRANT-WATER DEPT 37145 NORWEST BANK REFUND-OVERPAYMENT ON UTILITY BILL 2419.20 37146 OFFICE PRODUCTS OF MN INC COMPUTER PRINTER-UTILITY BILLING 336.00 37147 ED PEDERSON MILEAGE 50.00 37148 PITNEY BOWES MAIL METER MAINTENANCE AGREEMENT-CITY HALL 211.00 37149 PMS SERVICE CORP CLEANING SUPPLIES-CITY HALL 260.10 37150 PRAIRIE LAWN & GARDEN -MUFFLER/GRASS TRIMMER REPAIRS-EQUIPMENT 76.05 MAINTENANCE 37151 PRAIRIE OFFSET PRINTING BOND PAPER-PLANNING DEPT 6.70 37152 PREMIER RENT A CAR CAR RENTAL FOR TEEN VOLUNTEER PROGRAM 560.94 i 37153 PRESERVE INSURANCE AGENCY LIABILITY INSURANCE-CITY HALL 301.00 37154 PRINT SHACK PRINTING-HISTORICAL CULTURE 13.20 37155 R & R SPECIALTIES INC ZAMBONI BLADES SHARPENED-COMMUNITY CENTER 68.73 37156 RIEKE-CARROLL-MULLER ASSOC INC -SERVICE-TECHNOLOGY DR/PRAIRIE VIEW DR/ 32926.11 F -RIVER VIEW RD/HIDDEN GLEN 3RD ADDITION/ -WYNDHAM KNOLL/VALLEY VIEW EXTENSION AT -GOLDEN TRIANGLE DR/SHADY OAK RIDGE/ -BLOSSUM ROADWAY/BENNETT PLACE/PURGATORY CREEK BOX CULVERT 8473506 Y 37157 ROAD MACHINERY & SUPPLIES CA PARTS-EQUIPMENT MAINTENANCE 15.98 37158 BECKY ROGERS TEEN VOLUNTEER WAGES 87.30 37159 LORI RONHWDE TEEN VOLUNTEER WAGES 94.50 37160 TIM RONHOUDE TEEN VOLUNTEER WAGES 111.00 27161 JESSICA ROTH TEEN VOLUNTEER WAGES 85.00 52 RUFFRIGE JOHNSON EQUIPMENT CO VAC ALL EDUCfOR-SEWER DEPT 92270.40 163 S & S ARTS & CRAFTS CRAFT SUPPLIES FOR AFTERNOON PLAYGROUND 268.32 37164 ST CROIX RECREATION CO PIPE-PARKS DEPT 22.66 37165 ST PALL BOOK & STATIONERY CO -OFFICE SUPPLIES-COMMUNITY CENTER/HUMAN 41.13 RESOURCES & POLICE DEPT 37166 SATELLITE INDUSTRIES INC PORTABLE RESTROOMS-PARK MAINTENANCE 440.00 37167 SAVOIE SUPPLY CA INC TOWELS-PUBLIC WORKS BUILDING 19.50 37168 KEVIN SCHMIEG JULY 87 EXPENSES 165.00 37169 LEE SCHNEIDER SOFTBALL OFFICIAL/FEES PD 14.00 j 37170 SHOW QUALITY PET PRODUCTS SUPPLIES-ANIMAL CONTROL 5.95 37171 SNAP ON TOOLS CARP -WIRE CUTTER/WRENCFIES/CHISELS-EQUIPMENT 90.30 MAINTENANCE 37172 SODERQUIST SERVICES INC SERVICE-FORESTRY DEPT 350.00 37173 SOUTH HENNEPIN HSC 3RD QTR 87 SOUTH HENNEPIN HUMAN SERVICES 2781.00 37174 SOUTHDALE YMCA 3RD QTR 87 HUMAN SERVICES 2500.00 37175 SW SUBURBAN CABLE COMMISSION 4TH QTR 87 OPERATING EXPENSES 1835,00 f 37176 SPORTS WORLD USA -PITCHERS MOUND-PARKS DEFT/T-SHIRTS- 283.50 COMMUNITY CENTER 37177 SPORTS WORLD USA 21 DOZEN SOFTBALLS-ORGANIZED ATHLETICS 1140.05 37178 STANDARD SPRING CO -BRACKETS/BOLTS/WASHERS-EQUIPMENT 34.60 MAINTENANCE j 37179 JILL STEVENSON TEEN VOLUNTEER WAGES 83.47 37180 STS CONSULTANTS LTD SERVICE-WATER TREATMENT PLANT ADDITION 1055.20 37181 SULLIVANS SERVICES INC PUMP TANK-SENIOR CENTER .00 37182 SUPER 8 MOTEL EXPENSES-STORM DAMAGE 35 56.20 '83 SUPERIOR PLASTICS CARP PVC PIPES & FITTINGS-WATER DEPT 545.45 34 JOSEPH SUTCLIFFE GOLF INSTRUCTOR/FEES PD 90.00 37185 NATALIE SWAGGERT AUGUST 87 EXPENSES 165.00 37186 TARGET 220 -EXPENSES-HUMAN RESOURCES/DAY CAMP/4TH OF 82.25 37187 TARPS INC JULY CELEBRATION 3718 THERN INC TARPS-FIRE DEPT 15.00 CRANE PARTS-WATER DEPT 18.12 COMM 37189 TIERNEY BROTHERS INC TAPE- UNITY CENTER 40.23 37190 TITLE SERVICES INC -OVERPAYMENT ON PRESERVE PLACE APARTMENTS 200.00 BOND FEE 37191 TOTAL TOOL PAINT-WATER DEPT 37192 TOWN & COUNTRY GLASS WINDSHIELD REPAIRS-EQUIPMENT MAINTENANCE 74.18 37193 TWIN CITY PRICING & LABEL INC SUPPLIES-LIQUOR STORE 35.00 37194 VAUGHNS INC SUPPLIES-WATER DEFT 1.25 37195 WALDOR PUMP & EQUIP CO PUMP REPAIRS-SEWER DEPT 150.00 37196 JIM WALTER PAPERS XEROX PAPER-CITY HALL 47.85 37197 KEITH WALL MEETING EXPENSES-POLICE DEPT 538.00 37198 WATER PRODUCTS CO -SWIVEL ADAPTORS/GATE VALVES/BUSHINGS- 8.00 WATER DEPT 181.63 37199 WILSON TANNER GRAPHICS -BUSINESS CARDS/IDENTIFICATION CARDS-CITY 1941.50 HALL/PLAQUES/TROPHIES-ORGANIZED ATHLETICS 37200 ZEE MEDICAL SERVICE 1ST AID SUPPLIES-COMMUNITY CENTER 69.70 37201 EARL ZE14T MILEAGE 10852922 125.00 $697076.81 DISTRIBUTIONS BY FUND 10 GENERAL 201366.03 11 CERTIFICATE OF INDEBT 13391.34 { LIQUOR STORE-P V M 80913.97 LIQUOR STORE-PRESERVE 50965.47 31 PARK ACQUIST & DEVELOP 18942.05 33 UTILITY BOND FUND 2205.82 39 86 FIRE STATION CONSTRUCT 245.70 45 UTILITY DEBT FD ARB 168660.00 51 IMPROVEMENT CONST FD 32360.74 57 ROAD IMPROVEMENT CONST FD 3806.43 73 WATER FUND 28817.49 77 SEWER FUND 93566.77 81 TRUST & ESCROW FUND 1835.00 $697076.81 Hoyt Development Y i 5555 WEST SFY EN I EIGHT/1 ST AEET EDINA MINNESOTA t,543y 941 AUG 4 ,oS�� f August 11, 1987 f E3 Mr. Carl Jullie City of Eden Prairie l 7600 Executive Drive Eden Prairie, MN 55344 j Dear Carl: Please place our request on the City Council agenda for a dual address for our Technology Park IV building. Right now the building is addressed as 10120 West 76th Street. Since it is on the corner, we would also like to use the address 7545 Golden Triangle Drive. We believe we have some compelling reasons to present to the City Council in support of this request. Please advise as to when we might be able to get on the agenda. Very truly yours, X MENT yt Managing General Partner SBH:jmc cc: Craig Dawson, Asst. City Manager Elmer H. Swensen 0 CONSIgJCTIQN i* MANAGEMENT 0 INVESTMENT CITY OFFICES 7600 EXECUTIVE DRIVE; EDEN PRAIRIE,MN 55344.2499 i TELEPHONE(612)937.2262 July 8, 1987 Mr. Steven B. Hoyt Managing General Partner Hoyt Development 5555 West Seventh Eighth Street Edina, Minnesota 55435 Subject: Dual Address Request Golden Triangle Drive & West 76th Street Dear Mr. Hoyt: In response to your letter of June 22nd, our policy when assigning street addresses on corner lots is to assign only one address, that being whichever the owner requests assuming the driveway access to that street is provided. I did refer your request to our Public Safety Department and they strongly recommended that there should not be two separate addresses assigned for the same building because of potential confusion during an emergency response situation. It is very likely that the 911 Committee would not allow this to occur. You do, of course, have the right to appeal this decision to the City Council, but our recommendation to the Council will be to sustain our current policy and decision in this matter. I would suggest that the business owners involved could indicate on their stationery that they are located at the intersection of Golden Triangle Drive and West 76th Street. It seems that this would help solve the concerns they may have. I am sorry that I cannot respond positively to your request, and I trust that you can appreciate our position in this matter also. Sincerely,) ,) Carl City Man ge CJJ:jdp r 1 A Hoyt Developmenfi AN C O f,! P A N V t 5555 WEST SEVLN Ty ElfH 11SS-REET EDINA, MINNESOTA 55435 1?9atR200 37 9 June 22, 1987 a Mr. Carl Jullie City of Eden Prairie 7600 Executive Drive . Eden Prairie, MN 55344 i Re: Dual Address Request i Dear Carl: We recently completed the construction of Technology Park IV within our Technology Park development. This building is located at the northeast corner of Golden Triangle Drive and West 76th Street (see attached map). The address given to this building by the City is 10120 West 76th Street. The building, however, fronts on both Golden Triangle Drive and West 76th Street. The problem is that tenant's located in the portion of the building fronting Golden Triangle Drive have difficulty identifying with a West 76th Street address. Since that area is a little hard to get to in the first place, it seems appropriate that we be able to identify the building with two addresses, one being 10120 West 76th Street and the other being 7545 Golden Triangle Drive. This solution will help the business visitors of tenants fronting on Golden Triangle Drive in finding the location, and will also address fire and life safety concerns I have in the event an emergency vehicle was unable to find a tenant due to this confusing address situation. Please let me know if you think there would be any problem with this request. I understand that it needs to go to the City Council for its approval. If so, could you please make the necessary arrangements and advise of the hearing date. Very truly yours, HOYT DEVELOP ENT /to-v--en 8. Hoyt Y Managing General Partner r SBH:jmc 4 /F L:,PMFNr 0 CONS T RUCT!CN MANAGEMENT INVESTMENT P r \• AAA — o a o a 2 i ti d13 c _ c m RFFjj oav gs?, Ag iF m 2 4 0 lad9 04 Z g v A I r z m go i� }} 0 ion ' �, � �� � �t�l D j• f CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION N85-252 RESOLUTION APPROVING THE PRELIMINARY PLAT OF PRAIRIE VIEW ASSOCIATES, BY PRAIRIE VIEW ASSOCIATES BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Prairie View Associates, by Prairie View Associates, dated August 4, 1987, consisting of 16.18 acres into 3 lots and road right-of-way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 1st day of September, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk r ti f C � STAFF REPORT TO: Planning Comnission FROM: Scott A. Kipp, Assistant Planner UGH: Chris Enger, Director of Planning DATE: August 7, 1987 PROJECT: Prairie View Center 2nd Addition LOCATION: Northeast corner of Prairie Center Drive and Plaza Drive APPLICANT: Prairie View Associates REQUEST: 1. Preliminary Plat of 16.18 acres into 3 lots and road right- of-way with variances to be reviewed by the Board of Appeals. Background This site is the location of the -r-��rc PUS Prairie View Center, previously approved by the City Council in February of 1986. The approval consisted of the Prairie View Center " C-REG-S on Lot 1, including a future restaurant site, a future restaurant = site on Lot 2, and an unspecified commercial use on Lot 3. In March PROPOSED SITE i of 1987, the proponents repiatted P the property to include a portion of p� Lot 3 into Lot 1 to accommodate additional on-site parking require- ments for Edina Sales and Leasing. _ This replatting was approved by the C REG City Council but never recorded at Hennepin County. The current re- quest is to modify the Prairie ViewCenter 2nd Addition plat to combine the remainder of Lot 3 into Lot 2 .•::" and to provide a separate lot for '+ the restaurant site within existing r--. ' _5 Lot 1. Preliminary Plat The preliminary plat consists of 16.18 acres in road right-of-way and three lots 1 acres, 2.17 acres, and 0.61 61 acresres respectivelyly,, AREA LOCATION MAP C C Prairie View Center 2nd Addition 2 August 5, 1987 o, meeting the minimum lot size requirement of 10,000 square feet within a C-Regional Service zoning district. The architecture consists of facebrick and a sloped pre-finished metal roof similar to the existing shopping center. The Floor Area Ratio (FAR) will be 0.18, while Code allows up to a 0.20 FAR in the C-Regional Service zoning district. All building setbacks meet City Code requirements. The proponent is requesting two variances with this replatting; a zero-lot line to parking, and a variance for off-site parking, to be reviewed by the Board of Appeals. The proposed lot line for the Baker's Square Restaurant cuts through the existing parking lot. City Code requires a 10-foot setback to parking on any side or rear lot line. The 138-seat restaurant requires 46 parking stalls based on 1 stall per 3 seats. City Code requires that all parking facilities shall be on the same parcel of land they are to serve. The creation of this lot provides for only 16 on-site stalls. The approvals for Prairie View Center based parking needs on building square footage and specific uses; therefore, adequate parking is available within the overall existing parking plan. If the original plans for the Prairie View Center consisted of this lotting pattern and had been processed through a Planned Unit Development (PUD), since it contains 16+ acres, Staff would have been in support of these variance requests. Concurrent with final platting of the property, the proponent should apply for a vacation of any unnecessary drainage and utility easements brought about by the lot line revisions. In addition, prior to the release of the final plat, the proponent should submit to the City for approval and Hennepin County for recording, an off- site parking agreement between Prairie View Associates and Baker's Square, to guarantee the availability of parking to meet Code for the Baker's Square Restaurant. STAFF RECOMMENDATIONS Staff would recommend approval of the Preliminary Plat request of 16.18 acres into 3 lots and road right-of-way with variances to be reviewed by the Board of Appeals, subject to the plans dated May 5, 1987, and May 20, 1987, the Staff Report dated August 7, 1987, and the following recommendations: 1. Prior to 2nd Reading of the City Council, proponent shall: A. Receive variances from the Board of Appeals for zero-lot line to parking and for off-site parking for Lot 3. 2. Concurrent with Final Plat, proponent shall: A. Apply for vacation of any unnecessary drainage and utility easements brought about by the lot line revisions. 3. Prior to the release of the Final Plat, proponent shall: A. Submit to the City for approval and Hennepin County for recording, an off-site parking agreement between Prairie View Associates and Baker's Square, guaranteeing the availability of parking to meet Code for the Baker's Square Restaurant. B. PRAIRIE VIEW ASSOCIATES by Prairie View Associates for Preliminary Plat of 16.i8 acres into 3 lots and road right-of-way with variances to be reviewed by the Board of Appeals. Location: Northeast corner of Prairie Center Drive and Plaza Drive. A public hearing. Planner Franzen introduced Clark Rooney representing Prairie View Associates. Mr. Rooney indicated the request is to modify the Prairie View Center 2nd Addition plat to combine the remainder of Lot 3 into Lot 2 and to provide a separate lot for the restaurant site within existinb Lot 1. Mr. Rooney also described plans for the Baker Square Restaurant. Rooney stated that all of the Staff recommendations can be complied with. Both the purchasers and developer have agreed to this. Franzen said Staff recommends approval of the project as presented. i Planning Commission Minutes -4- August 10, 1987 Hallett asked why the project was under construction when it has to 9 go before the Board of Appeals. Franzen indicated that tie approved shopping center plan previously proposed a Perkins restaurant on the Bakers Square site. The building permit was issued since enough parking was provided on site per code. Subsequent to the permit the proponents requested a plat primarily for mortgage purposes. If the approved plans did not indicate a restaurant and/or if parking could not be provided on site to meet code, the permit would not have been issued until the Commission and Council reviewed the site plan. § Chairman Schuck asked for comments from the public. There were none. M(7PION 1: Motion was made by Bye, seconded by Hallett, to close the public hearing. Ihbtion carried 5-0-0. P MOTION 2: i Motion was made by Bye, seconded by Fell, to recommend to the City Council approval of the request of Prairie View Associates for Preliminary Plat of 16.18 acres into three lots and road right-of-way, with variances to be reviewed by the Board of Appeals, based on plans dated August 4, 1987, subject to the recommendations j 1 of the Staff Report dated August 7, 1987. Motion carried 5-0-0. 1 k i JOHN E.DERUS PHONE t;uM MIS SIU.vF.R , 348-3086 BOARD OF HENNEPIN COUNTY COMMISSIONERS 2400 GOVERNMENT CENTER MINNEAPOLIS.MINNESOTA 55487 August 11, 1987 The Honorable Gary Peterson Mayor City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 RE: Advisory Committee Membership Comprehensive LRT System Plan Dear Mayor Peterson: The Hennepin County Regional Railroad Authority (HCRRA) has begun preparation of a Comprehensive LRT System Plan. The Plan will address the potential for development of LRT in several corridors in Hennepin County. In order to have the benefit of input from all affected communities, agencies and organizations, the HCRRA is forming advisory committees in three categories: o Intergovernmental Advisory Committee (IAC). This Committee will address major issues brought before the Committee and provide guidance to the HCRRA study team regarding the conduct and direction of the study. o Technical Advisory Committee (TAC). The TAC, composed of staff from affected communities and agencies, will evaluate technical issues which arise during the study, provide technical advice to the HCRRA study team, and advise the IAC on technical issues. o Corridor Advisory Committees (CAC). There will be seven CAC's can- posed of representatives of affected communities. Each will consider issues relevant to the geographic area they represent. CAC's will be formed for each of seven geographic areas: - Northwest - Southwest Suburban - Southwest Minneapolis - South (I-35W) - Hiawatha - University Connector - Downtown Mayor Peterson August 11, 1987 Page 2 The HCRRA asks that you sit as a member of the Intergovernmental Advisory Committee, or designate another elected official from your community. We also ask that you appoint three citizen members to the Southwest Corridor Advisory Committee. You may also wish to appoint alternate representatives to these committees. Please inform the HCRRA of the names of your appointees by Friday, August 28, 1987. We are also writing to your City Manager to ask for an appointment to the Study's Technical Advisory Committee. We appreciate your participation in the Comprehensive LRT System Plan, and look forward to working with you and your appointees. If you have any questions, please call me or Vern Genzlinger (348-4306). Sincerely, HENNEPIN COUNTY EGIONAL RAILROAD AUTHORITY ohm E. Derus Chairman JED/ar