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HomeMy WebLinkAboutCity Council - 08/16/1988AGENDA TUESDAY, AUGUST 16, 1988 COUNCIL MEMBERS: CITY COUNCIL STAFF: EDEN PRAIRIE CITY COUNCIL 7:30 PM, CITY HALL COUNCIL CHAMBERS, 7600 Executive Drive Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Deb Edlund PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES OF REGULAR CITY COUNCIL MEETING HELD TUESDAY JULY 5, 1988 III. CONSENT CALENDAR A. Final Plat Approval for Mel Hansen Addition (located north of Pioneer Trail and east of Staring Lane West) Resolution No. 88-169 B. Final Plat Approval for Blossom Ridge Second Addition (located south of Blossom Road and east of Bennett Place) Resolution No. 88-170 Page 1801 Page 1817 Page 1819 C. final Plat Approval for Bluffs East Sixth Addition (located south Page 1822 of Pione2r Trail and west of County Road 181-- Resolution No. 88-157 D. AE,ros,e ic..:_perative A reement with Hennepin County for Design Page 1825 ofT.H. 5 from CSAH 4 to C AH 17 (Resolution No. 88-165) _ E. Receive Petition and Order Feasibility Study for the Extension of Page 1831 Medcom Boulevard east to Franlo Road I.C. 52-150 —Nesolution No. 88-166) F. Receive Feasibility Study for Watermain Extension on Pioneer Trail (CSAH No. 11 from Mitchell Road west to Staring Lake 2nd Addition and Set Public Hearing Date I.C. 52-149 (Resolution No. 88-167) G. WOODDALE CHURCH. 2nd Reading of Ordinance #15-88-PUD-2-88, Planned Unit Devlopment District Review and Zoning District Amendment within the Public Zoning District on 31 acres with waiver for structure height to 200 feet; Approval of Supplement Page 1835 Page 1836 City Council Agenda - 2 - Tues.,August 16, 1988 to Wooddale Developer's Agreement; and Adoption of Resolu- tion #88-117, Authorizing Summary of Ordinance #15-88-PUD-2-88 and Ordering Publication of Said Summary. 200,000 sq. ft. of church and educational uses. Location: Southwest corner of Shady Oak Road and Bryant Lake Drive. (Ordinance #15-88-PUD-2-88, PUD District and Rezoning; Resolution #88- 117, Authorizing Summary and Publication) H. FAIRFIELD, by Tandem Properties. 2nd Reading of Ordinance #29-88-PUD-8-88, Rezoning from Rural to R1-13.5 and R1-9.5 on approximately 30 acres; Approval of Developer's Agreement for Fairfield Phase I; and Adoption of Resolution #88-171, Authorizing Summary of Ordinance #29-88-PUD-8-88, and Ordering Publication of Said Summary. Approximately 30 acres into 68 single family lots, outlots, and road right-of-way. Location: West of County Road 4, southeast of the Minneapolis and St. Louis Railroad. (Ordinance #29-88-PUD-8-88, PUD District and Rezoning; Resolution #88-171, Authorizing Summary and Publication) Page 1846 I. Resolution No. 88-179, Appointing Election Judges for the Page 1860 Primary Election J. Approve Grading Permit for Lee Johnson Property adjacent to Franlo Page 1863 Road South of Prairie Center Drive CP.I.D. 14-116-22-43-0010) for Disposal of Excess Material from Franlo Road Improvement Project . 52-172) IV. PUBLIC HEARINGS A. RED ROCK RANCH by Robert H. Mason Homes, Inc. Request for Comprehensive Guide Plan Change from Medium Density Residential to Low Density Residential on 9.2 acres, Planned Unit Development Concept Amendment on approximately 150 acres, Planned Unit Development District Review on approximately 52 acres with waivers and Zoning District Change from Rural to R1-13.5 on approximately 52 acres with Shoreland variances to be reviewed by the Board of Appeals, Preliminary Platting of 150 acres into 62 single family lots, 5 outlots and road right-of-way. Location: West of Mitchell Road, east of Red Rock Lake. (Resolution #88-172, Comprehensive Guide Plan Amendment; Resolution #88-173, Planned Unit uevelopment Concept Amendment to Overall Red Rock Ranch Planned Unit Development Concept; Ordinance #35-88-PUD-9-88, PUD District and Rezoning; Resolution #88-174, Preliminary Plat) B. LAVONNE INDUSTRIAL PARK BUILDING IV by LaVonne Industrial Park Partnership IV. Request for Comprehensive Guide Plan Amendment from Low Density Residential to Industrial on 4.53 acres, Planned Unit Development Concept Amendment on approximately 33 acres, Planned Unit Development District Review on approximately 33 acres with waivers, Zoning District Amendment within the 1-2 Zoning District on 4.53 acres, Zoning District Change from Rural to 1-2 on 0.14 acres, and from Rural to R1-13.5 on 1 acre, Page 1866 Page 1898 City Council Agenda - 3 - Tues.,August 16, 1988 Preliminary Plat of 7.66 acres into one lot and one outlot for construction of 60,000 square feet of office- warehouse use. Location: South of Edenvale Boulevard. (Resolution #88-175, Comprehensive Guide Plan Amendment; Resolution #88-176, Planned Unit Development Concept Amendment to Overall Eden Prairie Industrial Park Partnership Planned Unit Development Concept; Ordinance #36-88-PUD-10-88, PUD District and Rezoning; Resolution #88-177, Preliminary Plat) C. NORSEMAN INDUSTRIAL PARK 6TH ADDITION by Eberhardt/Hoyt Development. Request for Zoning District Amendment within the 1-2 Zoning District on 4.5 acres, Zoning District Change from Rural to 1-2 on 4.3 acres with variances to be reviewed by the Board of Appeals. Preliminary Plat of 24.2 acres into one lot, 2 outlots and road right-of-way for construction of a 90,600 square foot building addition. Location: South of W. 74th Street, east of Golden Triangle Drive. A public hearing. (Ordinance #37-88, Rezoning; Resolution #88-178, Preliminary Plat) Page 1915 V. PAYMENT OF CLAIMS Page 1923 VI. ORDINANCES & RESOLUTIONS A. 1st Reading of Ordinance No. 38-88, Amending City Code Chapter Page 1931 2 By Adding New Section 2.32 Relating to Authority to Issue Citations, and Adopting By Reference City Code Chapter -E—Except Sections 1.03 1.06 and 1.09 VII. PETITIONS, REQUESTS & COMMUNICATIONS VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager 1. Set Date for Strategic Planning Meeting Page 1935 2. Report on Proposal to Move the Prairie Village Mall Liquor Store (continued from July 19, 1988) 3. Report of Formation of Waste Management Commission (continued Page 1936 from August 9, 1988) C. Report of City Attorney D. Report of Director of Planning E. Report of Director of Parks, Recreation & Natural Resources 1. Review Bids for Staring Lake Park Improvements Page 1940 City Council Agenda - 4 - Tues.,August 16, 1988 F. Report of Director of Public Works 1. Award Contract for the Installation of Four IA' Traffic Signal .STei-i-en on Prairie Center Drive (at Valley View Road; at Viking Drive; at West 78th Street; and at Preserve Boulevard), I.C. 52-134 (Resolution No. 88-168) 2. Approve Policy Regarding Water Pressure Booster Systems for S ingle Family Homes Located in Isolated Areas of High Elevation and Experiencing Low Water Pressure G. Report of Finance Director XI. NEW BUSINESS XII. ADJOURNMENT Page 1941 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY f, 1933 COUNCIL MEMBERS: CITY COUNCIL STAFF: 7:30 PM CITY HALL COUNCIL CHAMFERS, 7000 Executive Drive Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Director of Planning Chris Enger, Director of Community Services Rob,irt Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Deb Edlund PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Anderson moved, seconded by Pidcock to approve the Agenda as published and amended. Additions to the Agenda: Item X.A.1, discussion regarding the light on Mitchell Road and Highway 5. Item X.A.2, discussion regarding the drought. Item Y.A.3, discussion regarding publicity for the 4th of July fireworks. Mc.tion carried unanimously. II. MINUTES . III. CONSENT CALENDAR A. Clerk...a License List P. Resnintion No. 83-125, In Support of Correcting the Priluir .epent c-_,f Taxation af state and I,ocal Government Employee Benefits nLENSTIRE hy Associated investments. 2nd Reading of Crdin.ince No 24-89-PUE—-98, Planned Unit Development District Review on 17.3 acres with waivers and Zoning City Council M1nute 7 July 5, 1938 Distrit 711,.trige from Rural to R1-9.Dun 17.3 acres; Approval of Developer's Agreement for Glenshire; and Adoption of Resolution No. 33-120, Authorizing Summary of Ordinance No. 24-88-PUD-6-08 and Ordering Publication of Sal] Summary. 30.6 acres into 56 lots, 2 outlots and road right-,E-way for construction of a single family devPlopment. Location: Northeast corner of Valley View Road and Edenvale Boulevard. (Ordinance No. 24-88-PlID-6- 98, Rezoning; Resolution No. 38-120, Authorizing Summary & Puhlication. 7inil Plat Apar_oval For Raven Wood 2nd Additioocated north of Woodland Drive and east of Edenvale Boulevardi Resolution No. 88-121 E. Fin.al...Plat_Annroval for Barth Addition L .:located at 16481 Hillt<zp. Read) Resolution No. 38-132 Final Plat Approval for Glenzhire (located east of Edenvale Rol:ley:1rd and north Resolution No. 88-133 Re.luost f.)r Ins Permit from Eden Prairie School District . uc:.;trnrt a Pirl:ing Lot at Eden Prairie High Schood H. improvement Road, I.C. 57-131 (Resolution No. 88-134) I. Request for Grading_Pcrmit from Williams Ptpeline CompAny J. Change Order No. 3 for Water Treatment Plant F.:7:pansion, LC, 52-072A K. BLUFFS EAST 6TN by Hustad Development Company. 2nd Reading of Ordinance No. 23-98-PUD-5-88, Planned Unit Development District Review on 45.16 acres and Zoning District Change from Rural o 0M-6.5 on 6.94 acres; Approval of Developer's Agreement for Bluff's East 1,th; and Adoption of Resolution No. 38-129, Authorizing Summary of Ordinance No. 23-83-PUD-5-8.8 and Ordering Public::iti:rn of Said Summary. 45.16 acres into II lots, 5 °unpin, and road-of-way for construction of 26 townhome units. LOCALiell: South of Frail - Road extension, south of Normandy Crest. (Ordinance No. 73-88-PUD-5-88, PUP District and Rezoning; Resolution No. 88-129, Authorizing Summary 3 Puhliration) MOTION.; Marri a novel, hy Ardor non to approve the Consent Calendar is puhlished and amended. i/X( ) .1\ City Council iii or July 5, 1938 Bentley a.LY.ed if in ai ,lltion to approving the acquisition was the C ._,uncil aproving the expenditure of funds. Pauly replied that if an offer was made and accepted that this would bind the City and commit the expenditure of funds. MOTION: nentley moved, seconded by Harris to amend the previous motion and remove Item L from the Consent CtIlendar and require a Roll Call vote. Motion carried unanimously. Didcock requested an update on Item I regarding the metrTolitan newer For this parcel by the next Council meeting. lit ion carried unanimously. MOTION:_ Bentley moved, secnded by Harris to approve the acquisition of the Riley L3ke Park as recommended by Staff. Roll Call Vote: Anderson, Bentley, Harris, Pidcock, Peterson voting Bentley Asked Dietz if residents wore aware of the grading in regard iv Item I. Dietz replied the residents were informed. IV. rrTILIC HEACINCC V. PAYMENT OF CLATMC MOTION: Harris moved, seconded by Anderson to approve Payment of Claims No. 433n4 to No. 43663. Pidceck questioned No. 43414 to Cregg Nelson Travel. naw ,tn replied that tl.re was a Natienal Award given for the City viieo.Rogerc. Cable Company was paying for one staff pel.:on to attend. There were two s .taff personnel involved in tte proLiect and it was believed to be E.:it that both should attend. Roll Call Vote: Anderson, Bentley, Harris, Pidcock, Peter on all voting "Aye". VT. oFDINANTEC S FFSOLLITTONS. A. Di.:russion on Draft Ordinance.L„` reaardina Outside CtorAap of Ro ,-re_ational Vehicle.s. Harris thanked Pauly for preparing the documents for review; however, she wan unccmfortaLle with the three. Harris believed that pos5ibly they could be melded 7-'3 City Council Mi:, nice 4 July 0 12 8 together. Harris stated that she would like inure public input and that she was not prepared to vote on any of the ordinances at this time. Pidcc,c-k otated that she would like thi..5 to be reviewed by the Planning Commission. Pauly 2tated that this woald he in Amendment of Chapter 11, the coning chapter and would reguire a Public Hearing, Planning Commission review and a Public Hearing in front of the City Council. The most that could Le done tonight wa; to indicate what the CJuncil would like to see in an ordinance and to make recommendations to the Planning Commission. Anderson suggested sending the information before the Council tonight to the Planning Commission. This would give the Council feedback from the Planning Commissisn. Bentley suggested taking a different approach. Bentley stated that if the City was going to put an ordinance in effect it should accomplish something, and if the ordinance were effective additional staff could be required to enforce it. Bentley further stated that the public could be significantly impacted by the ordinance. Bentley ..-,aiggested the following: 1) Table the issue. 2) Have Staff prepare budget information. 3) Allow a six- month period for comments from the public as to hew strict the ordinance nhould be. 4) Send it to the Planning Commisnion. Pidcock questioned why extra staff would be necessary, as the City currently had water meter readers and police which covered the City. Pidcock asked why these City employees could not also handle this. Bentley replied that it would require someone trained in proper zoning techniques for each subdivision and would require additional training. Pidcock stated that the neighborhods would be monitoring this and filing complaintn w i th the City Staff. Peterson stated the police would not be the enforcers of the ordinanco; would come from City Hall Staff. Anderson stated that this issue started with a complaint and the City did not have the ability to respond. The City had grown rapidly and with the increase in population lore laws are required to protect citizens rights. Bentley :tat," that hecaue funds were budgeted it does not iteui th:4t the money had to he spent. Bentley further Tommented that the City had not teen overwhelmed with o:mplaInt,:, and In protecting one indlvidual's rights the cacncil mw•.t m.ike sure it was not taking another Hdividual'.. rights away. Council I - ut 'sly 5, 1728 Andersen to tool that he was comparing Eden Prairie to the surrounding communities which all had ordinances that were stricter than Eden Prairie 's. Anderson believed that the Council ehould be able to give the residents who had complained eome results in a reasonable amount of time. Pidcock stated that she had received many complaints and believed that there was a need to look at this issue. Pidcock hl loved that by forwarding the proposal: to the Planning Commission the Council could get a better feel about how the public felt. Harris guestioned what would he Forwarded to the Planning Commisnion at thin time - all three documents or a generi:: format. Peterson replied that he believed it ,,,ould be the one that_ got the majority of Council support or a combination of the three that got the majority of ;uppsrt. Anderson stated that he believed that direction had been given to the City Attorney and that the Council should be ready to m.ate some decisions. Anderson believed the Council was not being effective on this issue. Deatloy believed that the Council was trying to adopt an effective ordinance and that the ordinance should not be based on an isoleitod case. Bentley did not believe that the public was aware of the significance of the type of ordinance that the Council was trying to put in place. Anderson believed that ample information had been in the paper, it had been discussed at length by the Council, and further that the issue was being pushed aside. Bentley replied that this was not the intent. Peterson stated that this was the kind of ordinance that potentially effects everyone 's perception of their own property rights. People 's perceptions vary from an abeelnte right to the recognition that people living in a civi1i7ed society have rights and abligations to their neighbors. Peterson further stated that he agreed thlt if the Coencil was going to pas; an ordinance it should he address the problems and be aware that there would he a -oat factor. Zoning Administrator Jean Johnson stated that if there was effectivo Indilleity there would he approximately a 40 "„ increase in reports of all eoning violations in the P e terson •tr ated that the ordinance should protect alga n e t. Pot -noon commented that he wished there was a way to get more public . input. /7'L City Coancil Minutes B July B , 1921 Harris believed that as it was now the Council would be placing the Planning Commie..ion in the same dilemma. Harris helieved that the rounril no,ded to send the Planning Crmmission something that the Council felt reasonably comfortable with. Aaderson believed th,ot the Council could give the Planning Commi:51,.;ion what was presented tonight or what the Council (originally started with and request a recommendatien. Peterson was concerned about forwarding all this information without a stated preference or model from the Council, and if by doing so whether thi,; would allow the Planning Commission to enter into the formal Public Hearing process. Bentley was concerned that no absolute height restriction was stated and that there was no prohibition regarding height. Bentley believed that the Council should send something specific to the Planning Commission and suggefAed having Pauly make another attempt at drafting an ordinance based on the concerns stated tonight. Peterson asked Pauly what effect possible grandfathering would have on any ordinance that the Council would pass. Pauly replied that the proposal tonight would be part of the limitations on use on the 'zoning portion of the code. When a coning provision was tightened the ices that were inconsistent with the revised coning may continue under the nonconforming use provision of the code and constitutional law. Peterson said that any ordinance passed by the Council would not directly effect the property use of any exieting situations. Pauly replied that this wan correct. Bentley stated that the Council could go through the process, hut Mid not bellove It would have any significant impact. Harris believed that it would he appropriate to have 1. ordinance. Harris: agreed that a period for more putlie input prier to imposing this ordinance was necessary. Bentley suggested requesting the City Attorney to aees:mble a final draft for Council review and then determine ,..'here it should go. PeLeruon questioned exactly what the public intere's:t wae in this matter and commented that he did not believe thie to he a health and safety issue and nor a significant issue to the majority of residents of the City. Peterson asked if there was snottier way to determine the interest. ri010 city Council 7 July 5, 1298 7ently necnndel hy Harris to direct City Attorney Pauly to tako our statements and prepare a final draft for :eviow at thy net Council meel:ing. .Thderson asked Pauly if the Council tel given him the irnper direction. Bentley replied that the combination 7..,ae from p.I159 subsections B, C t 11) aading sect ii C 5 D frc_.m F. Peter:on aaked Pauly to consular the lunguago 1:t, 1179 sahsectian B referring to a truck with a topper. Peterson stated that he would be voting against the motion at this time. Peterson did not believe that the Cenncil was clase to something workable and would like tho apt ion when a more workable ordinance or an c,rdinance with mcdificatians was prentod. He stated he may vote in fav:r uf in arainance subsequently if he void r:,ceive clear indication from signific..ant residents that they eally do want and need such an ordinance and reserves the right to vote in favor of an ordinance at a later time. CoLby stA 'hat the motion was to refer this hack to _oe City ntorrey. raterson understood this but wanted to make clear his Jeep-seated reservations that a workable ordinance was pnsaible and that reflects the valuos of the maj ,rity of the residents or Eden Prairie. Peterson ta ra,-.erve thP i:ight to change his mind. Xotion carried 4-1 with Peterson voting "No". rIll'IT1—u!^ CTC .tC^MMUNTCATIONS A. Revest from The Bank Eden Prairie for a gn Code Amendm!:,nt Allowinq Motion Siglic, B I vi nq Information Other Ti,an Time Temnerature, Pite Waather or Similar P:Olic Ini.H ,rmation naiwon r..perted that The Bank Eden Prairie was roTac ,sting a Sign Cade Amendment t , allow approximately 35% of time to carry huoiness advertising. This amendment would .Apply to all moving illuminated signs in the City. The Bank Eden Prairie had requested a variam:e for its -ific last year; this request was denied by the 1 rf 2tppe.11..., and Adjustments. Jack Lowrance of Sign Crafters statod that the bank h.id r ,L.c ,2ived positive response to the sign. The proposal wHall he tu advertie The Bank features products 11,1 7ervice. 1,1w5ance said there would not be flashing lights, the -tign would scroll. Currently the sign rem; City Ceunnll Minutos July 5, 1283 ltil poLl cervice. Lawrance estimated 11 business messg ,s per hour with th , remainder public service. Pontloy ,ated thal he was not aware that the City had rootricticns that 1 ,r ,hihitcd business uses. Bentley bolleood it tho Council meeld Le looking at the ordinance that would put aantr..1r. en how signs would be done in the future. Bentley did not see a problem with The Bank 'r request. Anderson .-tated tlat tLis . ign was originally requested with ,2 ._:ocific purpose in mind when it was installed. Anderson concerned about allowing an exception for The Bank because this would require the Council to allow this type of advertising on all similar type signs; this was not a direction that Anderson would like to see the City Bently asked how many ml ;nm f this type a:::e there currently. Jean Johnson r-plied promotional signs were at The 'dank and TCF, and a time and temperature sign was at the Minnesota Protective Life building. Johnson reported that requests hod been made by Burger King and 7uper2merica for promotional signs. Pid.ock believed that the 5.14r1 W,I3 good advertising as it wa:[ and should create goodwill for The Rank. Lawrance commented that the olectronic message centers start at approximately $21,000. The Bank was happy to run the civic messages, hut would like now to progress to some busi Harris shored Anderson's concern about the precedent being set. Harris believed The Bank to be a good neighbor. Harris asked if there was anything to doc-sment that such advertiain ,] would increase bank bun mean Lawn once replied that thi was a proven factor. Parris atated that she wee not comfortable passing the night., but did sopl.ort review of the ordinance. Ph ter r or; ctated that the City does have e carefully crafted sign ordinance that relates tu building nitae. Thia request opens up a new category. Peterson commented that this war a new form of advertising medium and on] eyed that the City had an obligation to look at this and decid,. Low la permit and manage this type of ad,,or."Ising media. Peteron alLu) did not favor taking action on the request tonight, hut to review the :.rdinance. stated that "Le regnet was only for approximately 20". of tin' time to he for businear advertising. Public /2)7 city Connn'il July 7, 1932 desirahle, hut te VI nut believe the cncil _ha n icl hp a 1;.oition to mandate that buAntsces have to i ,r'.;vide only public service and rifue to allow advertisi,:g Jr' a legitimate medium. Peterson questioned if thin wore a legitimate medico ael .cording to the current ijo codes of Eden Prairie. Harris. stated that because the ordinance stated one standard, :she was not willing at this time to move fro m that ordinance until the Council had had time to look at it and decide if the ordinance :.hould be upheld or that it should he changed hoc era the times had changed. Harris commented that she wo.. not adverse to advertisement in good taste. 7....ba Wise, President of The Dank Eden Prairie stated that the bank was a good corpo. ate citizen. Wise said that after hearing the Council's:, comments tonight that he al h1 to withdraw the r,aquert and participate in a review of the ordinance if The Bank cool] he of assistance. The Rank respectfully requeste that the Council look at the cur rent ordinance and would resubmit its request at a later time. r`terson acknowls!dg,-:d the withdrawal of the request. Dawson atoted that the Staff had recommended changes in the cale regardless of thin item and suggested that the Planning Commission look at the signage issue. rIr7T.TnIt: Anderson moved and Harris L;ecauded that no action to Laken upon the request as it had been withdrawn. Motion sarried unanimously. M071_2_1\k: Harris moved, seconded by Pilcock to request the Planning Commi•ssioo to review the ordinance and have Staff w ,rt with The P.n flk t, ,4,10re!7..e its concerns. Dunl-y auked if the Council was going to offer any suggestions an to what the Council would like to see in the ordin.:ale. .tated that .Ale wa; not oppc'sed to buinef;s advertining. TI: Dank wa..; a :eaviee industry a.-; indnf-;try In this country today. Pidcock believed It VIS ai-2;:.ropriate that the Council look at the ordinance in light, of whit had tr:in3pired. City Council Minutes 10 July '7, 1S,38 Ilently suggested that the ordinanse state the size of the sig !-atio to the :_U.se of the h .;11dig, have a re'ri -'ion th, amoent time .,,llowed for pure Pele.T.sen sujgested conuistoncy of color of the jt t. to coot at the signage on the building and the sign itself. Motion carried unanimously. TX=CTNTMENT7 X. DEPORTS CR ^FrICERS _110A70.7 COMM:177714.7 A. Reorts of C7otincit M-mh ,r7 1. Discussion of the traffic ...;ignal on Mitchell Road and Highway 5. Pidcook stated that there was a backup of traffic in the in)rninTi and nights to not I,ft turn to Mitchell Road fr-os Highway Only seven c.mr ootild yet through per sign . thit he would tan to MnPoT, hut rot to e',:poct any resulta:;. At the time of completion the road wc:u1(..1 have two lanes on each Peterson olshed Diotz to also review the sequence of signals at Hiyhway 169 and Anderson Lake Parkway to see what could be improved. Dietz stated that a split-phase light was present there. Peterson said that another lane would help. Dietz replied that these things would take place with !highway 169 improvements which were intended for 1986, but were not scheduled for March 1989. 7. Discussi(rn on the drought. Asderson oommented that a fire had broken nut toLlay from children playing with firewori.:;. Everything was 1: .her Icy because of the drooght. ATAorson believed that the Council needed to take whatever mat on necessary to alert residents to the severity of the situation. Anderson sugya:ted 111 City f7taff take army .roventive mea::nro [000 :1: .7'terson suggested asking the news media to help get the sc.:sag, ,,at. Loih,rt .atatcd that !ho :Itaff '.:as struggling just to try to save the now trees. Lambert said that he took serously Andersen's .:asments, but the best he could hope F(/ ) city CeencilMi July 5, 1238 (-.,M1011 oense as there was just And.. on commented that th , young trees were being stressed and believed that reeideots neaded to be informed ti .uat the grass would grew tack, but the trees would not. 7..t ,rson suggested asking the City Forester to write an LolL for the newspaper about ,ffective tree watering. Lambort replied that this was a Tjeod idea and believed it would he vell rec -eived. Benticy statod that the devolupa2rs also needed to be informed that plantiags regulred by the City for s...reening, etc. would be inspected next spring. These requirements for screening could not be ignored because of th , drought this summer. Fentley be the developers etc Id he !nforuied uow 13 avoid the possibility of a larger loss. 2. Piscuszion of advertiuing for 4th of July fireworks. Pi ..cock ssked Lambert if it wore an oversiht or was it necessary to hive the 4th of luly fireworks adv ,urtised in the Star and Tribune with all the other ccuneunities. Lambert replied that this was an oversight, this should have been on WCCO or in the Star and T:ihsns. Harris complimented Lambert and the Parks and Recreation .7tafl on tho fireworks display. Peterson suggested that 71aff add a thank you from the City Council to centrihuter:o. Pug Tenpas, suggested none satellites be available next D. Repprt of C11llana3Jer 1. Ze_L:lae 7trategic Cessian MCTICN: Pidcock mowed, seconded by Peterson to set July 70, 1986 from 10 AM to 2 PM for the Strategic Planning Cession. Motion arred unanimously. C. Pelert of City Attorney _ of ctatet 'Thlftan7 rovrrliT1 its RtTortinl P.n oly r.eviow00, I. ho statutory changen regordihj rand ;late 0 ,i'Drtioy. !Moly L.,tatk2d fuel as of July 1, 1288 wau ha1h a stato law and a city ordinancu rugulating candidate campaign reporting and that there were 170 City Council Minutas 12 1"uly1, 1.903 differ..:nco anl duplicatien- batwoen tho two laws. Pauly oi..00tc0 that with the existence uf the State r,aw the City ,:ldloance could be repwal ,d. Peter:Jon asked Pauly regarding Suet ion 3 [211A.001 Final Peport, if a candidate of s3mmittce had in excoso of .7,190 aftur the campaign and wshod to .;ave and use it in the futmres, when would the final report he filed. Pauly repl:ed that the final report would not be necessary under thoe circumstances. Peterson then that every danuary 31st there would be a filing repert. Petorson asked Pauly where did it state filing 10 days after the election, as Article 2 did not state this. Pauly replied that ho had mia.guuted this and it ahould be 10 lye. Lefcre the primary and :,•Lneral election and every Itanuary 21ot. Bentley al;kod Pauly about the .7b 7.00 limit, because accalding to figures it was a.7750 limit. Pauly replied that the ::750 was the trigger to require filing and the .:77.ol limit only refers to naming d000r ,-, or contributors. Petercon 1:31:ed Pialy about Soction 7 12112.07l 011 -1,, When P ,.ndered and Paid, regarding the purpose of the statement " A 1.111, cargo, sr claim that was not presented saithin CO days aftor the material or service was provided must not be paid". Pauly replied that the intent was to have .--aa 1 Idata—ion ii 1. ir3 . amount:: of indebtedness. Petor'oon asked Pauly regarding Section 1 12110.011 Peftnitions, :JuLdivision 1. Committee, if a subcommittee of a committee consiting of two or more people does this ccostituto a committee. Pauly replied that a committeo would include all mmmhers whother acting so a subcommittee or a portion of a committee. "tote:77 ,n a'hed Pauly wbatwas. meant by ltrttcle 3, Subdiviton 10, Moetinci Facilities. Pauly replie n 1 that a eurpa:ati,.a could make its facilities av;,]Ilable 'L.. all political paztica or candidatec, but could not maho It available to juot one party or one candidate. Puterc tel Pairty what wam meant by Article 3, Section 20, SuhdtHalon 1, Pruhinttion, workers accompanied by the c.r.ndtdate. Pauly repl!ed 'That the implication was that campaign wor%ers would hoe to be accompanied by the carlidatTe tc gain access t the building.o. nentley ash -d Pauly if it waa u 'ininn that the CouLcil chill drop: the ordinance, otherwie a cmdidate would tar • to ,let -afe under both mets of rulef. Pentley stated that the only differenca was the dollar figure rugu!remeot for filing. /7'2 City July S, 1938 Harrl ordtno: tt• If thor ,, any t-nofit to maintain the City • 1., •;au.a• 7tat n-: 7,w !,:itcc n !",y Confi j In repeal Ordinance 53- 97. Panly rutted that the proper fo:m would be to prepare an ordinanc,• to repeal the ..urrent erdinance. Motical carried unanimour:ly. • of 7trector of Plannl,t11 E. coLart •-n ,f miroctor of Plrk:: Naturtil dLn t:2 ,1 Jane S, 198.? fram Don Erauer Concernina tt17-ti W n ter Lovel:i in Pur n -ator- croei: FInndplain Ctorage "P'^Tr'". nentl,y m n .ve0, ..0 ...led by Farrio toa.„.rrove 7taff rec:nmmor,dod plan of action. retern n)n asked Lamtart about the conflicting statements, of Itm I, having the judicial ditch abandoned and Item 3.b, tho City oompl(fto tho It lying or the judicial ditch. 1-1mtert ruplied that Diet Quid attend the Watershed Di7ttrict meeting tomorrow night and it would be discussed which we:; the easiest way. One proces:i re ,luires more action. It wan hoped that approval would be granted to remove everything that came into the ditch in 1985. roportod that this item was on the Watershed pi:L:ict',L agenda. Th!:: Io.-oto may re„iutie ) hear:n..1. The timing would he determined tomorrcw niiht. L't1.: the Council P(tturtton ashed Lambert what was meant by the statement regarding lo,woring tho flood elevation from 324 to the 823 contour and latA n r .1-.ating that the City could also maintain n higher water level in the floodIdain. Lambert r-iliod thlt it wan thy height of the dit:o that control= lovl and the overflow could Le vtored in one of tw o And on concerned about what was the hest olevation to te mainiaod for the City. Was it an al vantage to hay' tin' 1 n 111 fill 1 1:,2 Lamtert that thia r.temo !t1,1!i t ea 11 7, 1003 , ! at.zwered before any actioci tmben. LamLPrt ,ommentd that numbs waz lucking for an ,J11yht tht:; and may pay for a f .ho proiect. f,ambert :igain that there wera a mta.,r of be ant,wered. Motion carried mnanimously. P . nirect:•,: of Wr)rki-, 1. Stats P,:,:port Wator Dietz reported that City Attorney Pauly had drafted an sr:d.inance. Dietz said there were two posaible alia.rativez, to unfo!:_st ,m ,nt f the water tan: 1) To is.sue a tic%et, which Staff bellivcd would be difficult. 2) Imi),y,Je a penalty on water bill far a second violation of the rostri:ti,:.,na. Dietz cc=entad that St. L,c:ula Park had a $10 surcharge while Plymouth had a 2100 surcharge. The question was how much of a penalty would the Council libe to see imposed. Pi1coch asked Dietz about th ,- 2100 fin,, already otated on w,r,,Ing taja beinj .11.3.,:f2,2 by Eden Prairie. Dietz replied y,s, but it would not allow the surcharge to be placed on the watcrhill as this ordinance was proposing. Under the current ordinance, the violation was considered a midemeaner and VIln Was thy: maximum fine for a petty miademuan ,:r. Pauly replied that judges determino the actual fine with $100 being the maximum. Diets replied that even though it states $100 on the tag the actual wnolint would probably be armund $20 to $25. Harris stmted that she would not have any difficulty attaching a penalty to the water bill, but belived that T10 would net get the message across and that $1 0 0 ,„au11,1 attention, but Harris di1 not wish to go tt.: ggostcd the penalty t)L! between $10 and $100, probably $21 to $30. Bentley stated that since the draft ordinance had a reference to section El stating the fee could be amended f r o m time to time, the Council would not specify a f.:!!, In tt hut, rather d0 ire in a fee refioluti.);:. Pc tern;;; stated that the enforcement of the ban needed to he equitabl ,, and bolluved that to do ',c; a !Igniflint fine ncM ,1 to Peterson also bl;eved this would lot taiL know that not ,1 aesthetic or th!f.ou'jh .timmer e 11 ,2alth and safety issue. City Couneil 15 .7sli 5, 1988 trated thot $25 tu o nothing. fb_a,t7 .tioncd if n 17,b .,.1 ,2 oarIng prrceso was Pauly replied no, that this: was not a Chapter 11 5'o' Loot and the Coun....11 ,aoull act n the 1st Peading tonight. Clot: stated that the draft provides for a fine and nentInues to state that if violationo continue the water could he shut off. Dietz agreed that the same rates could tu homeowners and 0c0v,rationo, het there were levelo of things whIch could to doe. niptl: believed that in the majority of cases compliaace would Le met. .7ctrson recommended a rate of $50. Pauly suggcsted impoL,Ing the fine fur 3-4 months. Dietz 'Luggnted 6 months because the watering season could run to fteptember. 7rT'C71: Eentley moved, occond ,od by floor in to approve let Reading of Ordinance No. 27-28 and that the period after a warning in which a violation occurred would result in a surcharge be 6 months. Pith' oh st:Aed that she found this difficult to support because Eden Prairio was nn, of tie highest-taxed cities in the Ptate. The City hal joald for the best watering plant and o,he woo frustrated that the Council had to impose restrictions because of the drought. Pidcock believed this was hurting people by not allowing them to water when they were paying taxes for this Bentley stated that this ordinlnce would possibly he less restrictive than the existing zystem. Dotersun otated that none of the Council was pleased to 11,ive to impose thin surcharge. Diet: consented that none of the water systems was Lmpported by taxes, the system was user -supported. Mn17.?N: Petley moved, seconded by Anderson to direct Staff to prepare an ,mendment to the cxioting fee resolution isinj a znrcharge for water service of $25 ttoti,:,n ear r el unaritarnnzly. 77ty CJu.1:11 1238 C. Reirt XT. NEW PU2:1N177:" XII. Meetins, „1:2jeurnu,!, at: 10:0'; PM. ri ga CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-169 A RESOLUTION APPROVING FINAL PLAT OF MEL HANSEN ADDITION WHEREAS, the plat of MEL HANSEN ADDITION h a s b e e n s u b m i t t e d i n a m a n n e r required for platting land under the Eden P r a i r i e O r d i n a n c e C o d e a n d u n d e r Chapter 462 of the Minnesota Statutes and all p r o c e e d i n g s h a v e b e e n d u l y h a d thereunder, and WHEREAS, said plat is in all respects cons i s t e n t w i t h t h e C i t y p l a n a n d t h e regulations and requirements of the laws o f t h e S t a t e o f M i n n e s o t a a n d ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY C O U N C I L O F T H E C I T Y O F E D E N P R A I R I E : A. Plat approval request for MEL HANSEN ADDIT I O N i s a p p r o v e d u p o n compliance with the recommendation of the Ci t y E n g i n e e r ' s r e p o r t o n this plat dated AUGUST 9, 1988. B. That the City Clerk is hereby directed to su p p l y a c e r t i f i e d c o p y o f this Resolution to the owners and subdivi s i o n o f t h e a b o v e n a m e d plat. C. That the Mayor and City Manager are hereby a u t h o r i z e d t o e x e c u t e t h e certificate of approval on behalf of t h e C i t y C o u n c i l u p o n compliance with the foregoing provisions. ADOPTED by the City Council on AUGUST 16, 198 8 . Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Membe r s THROUGH: Carl J. Jullie, City Manager Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technicia n .4/4 DATE: August 9, 1988 SUBJECT: MEL HANSEN ADDITION PROPOSAL: The Developer, Mel Hansen, has reque s t e d C i t y C o u n c i l a p p r o v a l o f the final plat of Mel Hansen Additi o n , a s i n g l e f a m i l y r e s i d e n t i a l subdivision located north of Pioneer T r a i l a n d e a s t o f S t a r i n g L a n e West, in the south half of Section 21. T h e p l a t c o n t a i n s 1 . 4 2 a c r e s t o be divided into two single family lots . L o t 1 i s t h e c u r r e n t h o m e s t e a d of Mel Hansen and Lot 2 is a newly cr e a t e d l o t f o r a p r o p o s e d s i n g l e family homestead. HISTORY: The preliminary plat was approved thro u g h t h e C i t y C o u n c i l o n J u n e 7, 1988 per Resolution No. 88-107. This property was previously zoned R1- 2 2 a n d n o n e w r e q u e s t f o r r e z o n i n g is being made at this time. VARIANCES: All variance requests must be proce s s e d t h r o u g h t h e B o a r d o f Appeals. UTILITIES AND STREETS: Municipal utilities do not currently e x i s t t o s e r v e this property, therefore on-site septic a n d w e l l s w o u l d b e u t i l i z e d . RECOMMENDATION: Recommend approval of the final plat of M e l H a n s e n A d d i t i o n subject to the requirements of this rep o r t a n d t h e f o l l o w i n g : 1. Receipt of engineering fee in the amou n t o f $ 2 5 0 . 0 0 . JJ:ss cc: Mel Hansen Cardarelle 8 Associates CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-170 A RESOLUTION APPROVING FINAL PLAT OF BLOSSOM RIDGE SECOND ADDITION WHEREAS, the plat of BLOSSOM RIDGE SECOND ADDITION has b e e n s u b m i t t e d i n a manner required for platting land under the Eden Prairi e O r d i n a n c e C o d e a n d under Chapter 462 of the Minnesota Statutes and all p r o c e e d i n g s h a v e b e e n duly had thereunder, and WHEREAS, said plat is in all respects consistent with t h e C i t y p l a n a n d t h e regulations and requirements of the laws of the Stat e o f M i n n e s o t a a n d ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE C I T Y O F E D E N P R A I R I E : A. Plat approval request for BLOSSOM RIDGE SECOND ADDITION i s a p p r o v e d upon compliance with the recommendation of the City E n g i n e e r ' s report on this plat dated AUGUST 9, 1988. B. That the City Clerk is hereby directed to supply a certi f i e d c o p y o f this Resolution to the owners and subdivision of the a b o v e n a m e d plat. C. That the Mayor and City Manager are hereby authorized to e x e c u t e t h e certificate of approval on behalf of the City Co u n c i l u p o n compliance with the foregoing provisions. ADOPTED by the City Council on AUGUST 16, 1988. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk /Lc 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 9, 1988 SUBJECT: Blossom Ridge Second Addition 7-:41/2 PROPOSAL: The Developer, William G. Pearson, has requested City Council approval of the final plat of Blossom Ridge Second Addition. Located south of Blossom Road and east of Bennett Place, the plat contains 6.32 acres to be divided into 14 single family lots and right-of-way dedication for street purposes. HISTORY: The preliminary plat was approved by the City Council May 17, 1988 per Resolution No. 88-85. Second reading of Ordinance No. 20-88, changing zoning from R1-22 to R1- 13.5 was finally read and approved by the City Council May 17, 1988. The Developer's Agreement referred to within this report was executed June 21, 1988. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities, roadways, and walkways will be installed throughout the plat in conformance with City Standards and the requirements of the Developer's Agreement. Prior to release of the final plat the Developer shall provide the City with temporary cul-de-sac easements for the two street terminus' on the east property line of the plat, and a permanent easemeni. for sanitary sewer across the property to the east. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. /720 Page 2 of 2 BLOSSOM RIDGE SECOND ADDITION August 9, 1988 BONDING: Bonding must conform to City Code and the Developer ' s A g r e e m e n t . RECOMMENDATION: Recommend approval of the final plat of Blossom Ridg e S e c o n d Addition subject to the requirements of this report a n d t h e D e v e l o p e r ' s Agreement and the following: 1. Receipt of street sign fee in the amount of $453.00. 2. Receipt of street lighting fee in the amount of $1,8 9 0 . 0 0 . 3. Receipt of engineering fee in the amount of $560.00. 4. Satisfaction of bonding requirements 5. Receipt of temporary cul-de-sac easements, and perma n e n t e a s e m e n t s for sanitary sewer across property to the east. JJ:ss cc: William G. Pearson Cardarelle and Associates 88-170 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-157 A RESOLUTION APPROVING FINAL PLAT OF BLUFFS EAST SIXTH ADDITION WHEREAS, the plat of BLUFFS EAST SIXTH ADDITION has been sub m i t t e d i n a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceeding s h a v e b e e n duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City p l a n a n d t h e regulations and requirements of the laws of the State of M i n n e s o t a a n d ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF E D E N P R A I R I E : A. Plat approval request for BLUFFS EAST SIXTH ADDITION is approve d upon compliance with the recommendation of the City Engineer's report on this plat dated APRIL 27, 1988. B. That the City Clerk is hereby directed to supply a certified cop y o f this Resolution to the owners and subdivision of the above n a m e d plat. C. That the Mayor and City Manager are hereby authorized to execute t h e certificate of approval on behalf of the City Council u p o n compliance with the foregoing provisions. ADOPTED by the City Council on AUGUST 9, 1988. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician DATE: August 10, 1988 SUBJECT: BLUFFS EAST SIXTH ADDITION PROPOSAL: The Developers, Hustad Development, Inc., have requested City Council approval of final plat of Bluffs East Sixth Addition, a single family twihome subdivision located south of Pioneer Trail and east of County Road 18. The plat contains 45.16 acres to be divided into 13 lots for the construction of 26 twin home units, 5 outlots, and right- of-way dedication for street purposes. Outlots A, B, C, D and E contain 0.05, 2.41, 9.51, 11.85, and 13.12 acres respectively. Ownership of all outlots will be retained by the Developer. HISTORY: The preliminary plat was approved by the City Council June 7, 1988, per Resolution No. 88-103. Second reading of Ordinance 23-88-PUD-5-88, changing zoning from Rural to PUD-5-RN-6.5, was finally read and approved at a City Council meeting held June 7, 1988. The Developer's Agreement referred to within this report was executed June 7, 1988. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities, roadways and walkways will be installed throughout the plat in comformance with City Standards and the requirements of the Developer's Agreement. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. BONDING: Bonding must conform to City Code and the Developer's Agreement. 17)3 Page 2 of 2 BLUFFS EAST SIXTH ADDITION August 10, 1988 RECOMMENDATION: Recommend approval of the final plat of Bluffs East Sixth Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street sign fee in the amount of $374.00. 2. Receipt of street lighting fee in the amount of $3,672.00. 3. Receipt of engineering fee in the amount of $1,040.00. 4. Satisfaction of bonding requirements. 5. Revision of plat to accurately reflect 66' right-of-way of Bluff Road. JJ:ss cc: Hustad Development Hedlund Engineering 88-157 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-165 RESOLUTION APPROVING CONSTRUCTION COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR DESIGN OF TRUNK HIGHWAY NO. 5 BETWEEN CSAH 4 (HENNEPIN COUNTY) AND CSAH 17 (CARVER COUNTY) WHEREAS, Agreement No. PW 61-49-88 for participation in the design of Trunk Highway No. 5 between CSAH 4 (Hennepin County) and CSAH 17 (Carver County) as Hennepin County Project No. 8883, has been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL that said agreement be in all things approved, and hereby authorizes its Mayor and City Manager to sign Agreement No. PW 61-49-88, Hennepin County Project No. 8883. ADOPTED by the Eden Prairie City Council on August 16, 1988. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, City Clerk Agreement No. PW 61-49-88 County Project No. 8883 Trunk Highway No. 5 City of Eden Prairie County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT AGREEMENT, Made and entered into this day of , 19 , by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" an d t h e C i t y o f E d e n Prairie, a body politic and corporate under the laws of the St a t e o f M i n n e s o t a , hereinafter referred to as the "City". WITNESSETH: WHEREAS, The State of Minnesota and the City have been negotiating to b r i n g about the improvement of that portion of Trunk Highway No. 5 be t w e e n C S A H 4 ( H e n n e p i n County) and CSAH 17 (Carver County) known as County Project No . 8 8 8 3 ; a n d WHEREAS, The State of Minnesota and the City are in the process of appro v i n g a State Agreement No. 64918 covering the design of the project; a n d WHEREAS, The above described project lies within the corporate limits of t h e City; and WHEREAS, The City has requested County participation in the cost of desig n f o r the project; and WHEREAS, It is contemplated that said work be carried out by the parti e s h e r e t o under the provisions of M.S. SEC. 162.17, Subd. 1 and SEC. 471 . 5 9 . NOW THEREFORE, IT IS HEREBY AGREED: The County will participate in the design of Trunk Highway No . 5 ( C o u n t y P r o j e c t -1- Agreement No. PW 61-49-88 No. 8883) under this agreement for the lump sum of Ten Thousand Dollars and No Cents ($10,000.00). Notwithstanding any term or condition contained in this Agreement to the contrary, the City shall have no obligation to do anything or perform any act until and unless the State and all of the other entities make the payments as required by State Agreement No. 64918. The agreement may be terminated by either party at any time upon written notice to the other party. In the event that such termination should take place at a time other than the completion of the work to be performed under the agreement, the City shall be paid for the work performed to date of termination, demobilization costs, and contract closing costs, and (if applicable) a portion of the fixed fee which will be determined by the stage of completion of the total work. The total payment will be determined by mutual agreement between the County and the City. The total payment for the reduced quantity of work, demobilization expense and contract closing costs will not exceed the total payments as set forth in the original agreement or succeeding supplements. A supplemental agreement shall be executed setting forth the reduced amount of compensation the City shall receive. The City may exercise those legal remedies as may be available to it in connection with any dispute arising out of this agreement which cannot be settled by the parties hereto by supplemental agreement. II If it appears at any time that the City's Consultant will exceed the total estimated payment of $430,000 per the State Agreement No. 64918, the City's Consultant agrees not to perform any services that would cause that amount to be exceeded unless the City's Consultant has been advised by the City that additional funds have been encumbered, a supplemental agreement has been issued and that work may proceed. It shall be the responsibility of the City to originate all requests for additional -2- Agreement No. PW 61-49-88 encumbrances, compensation, and for supplemental agreements. III The City may submit invoices monthly during the progress of the work for costs incurred by the City's Consultant. Signed invoices are to be submitted to the Department of Public Works for approval. The County will pay 100% of the County's share on partial payments to the City up to Ninety-Eight (98) percent of the total lump sum as stated in Section I. IV Final payment due the City for the Consultant Services will be made after acceptance of the work and an audit conducted by the State per State Agreement No. 64918. V The City's Consultant shall submit monthly reports to the County showing progress of the work. VI It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising out of or by reason of the performance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in -3- n:\ Agreement No. PW 61-49-88 connection with or by virtue of performance of its own work as provided herein. VII It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. Ix The provisions of M. S. 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the affirmative action policy statement of Hennepin County shall be considered a part of this agreement as though fully set forth herein. -4- Sq,-A Agreement No. PW 61-49-88 IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF EDEN PRAIRIE (Seal) By: Mayor Date: And: Manager Date: COUNTY OF HENNEPIN ATTEST: Clerk of the County Board Chairman of its County Board By: By: Date: Upon proper execution, this agreement will be legally valid and binding. By: 6)*" Assistant County Attorney Date: 3 , Date: And: Associate County Administrator and County Engineer Date: RECOMMENDED FOR APPROVAL Approved as to execution By: By: Director, Department of Public Works Assistant County Attorney Date: Date: /730 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 88-166 RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT WHEREAS, a petition has been received and it is proposed to make the following Improvements: I.C. 52-150 (Extension of Medcom Boulevard) and assess the benefitted property for all or a portion of the cost of the improvements, pursuant to Minnesota Statues, Chapter 429. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study with the assistance of HTPO, Inc., and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvements. ADOPTED by the Eden Prairie City Council on August 16, 1988. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk fifai -MEMORANDUM- TO: Mayor Peterson and Council Members FROM: Alan Gray, P.E. City Engineer DATE: August 11, 1988 RE: Extension of Medcom Boulevard I.C. 52-150 The owner of Outlot D and Outlot E, the Preserve Commercial Park South, has petitioned the City of Eden Prairie for the extension of Medcom Boulevard easterly to Franlo Road. The extension of Medcom Boulevard was discussed in the feasibility study for Franlo Road improvements presented to the Council in April, 1988. Attached to this memo is a copy of Figure 4 from the Franlo Road feasibility study showing the extension of Medcom Boulevard to Franlo Road. The Franlo Road feasibility study concluded that the construction of Medcom Boulevard at this time may require the relocation of two existing single family homes on the north side of the proposed align- ment. It was therefore recommended that the City defer implementation of the extension of Medcom Boulevard until a future date when redevelopment of the affected properties is proposed. The extension of Medcom Boulevard to connect with Franlo Road would benefit the properties directly abutting the proposed segment and other properties abutting existing Medcom Boulevard and Joiner Way who would receive improved access. If a feasibility study is ordered for the Medcom Boulevard extension, the Engineering Division would propose a more detailed evaluation of impacts to the three abutting structures shown on attached Figure 4. We would also evaluate potential staged construction alternatives that would provide improved access for businesses in the Preserve Commercial Park South area and lessen initial impacts to abutting structures. lhe petitioning property may represent less than 35 percent of the properties benefiting from the extension of Medcom Boulevard. A feasibility study should be ordered by council motion supported by four affirmative votes. ADG:ss I. C. 52-132 I/ / FRANLO ROAD LUNDS CENTER POND MEDCOM BLVD. CITY OF EDEN PRAIRIE STREET IMPROVEMENTS FIGURE 4 C/r5C70 SCALE IN FEET 117) Hansen PelEnen Thorp01n Ina ; M.1.110-1Ple CITY OF EDEN PRAIRIE, MINNESOTA PETITION FOR LOCAL IMPROVEMENT To The Eden Prairie City Council: The undersigned property owners herein petition the Eden Prairie City Council to consider making the following described improvements(s): (General Location) x , Sanitary Sewer Fxtrnqinn nf Mndron) Rlvd F.:1cl to Frnnlo Drive. Watermain x Storm Sewer Extpnsinn of Modrom Rlvd_ Fast to Frani° Drive. x Street Paving 1,1 I t Other Street Address or Other Legal Description of Property to be Served Names of Petitioners (Must Be Property Owners) Outlet D, The Preserve Commercial Park South Outlet E, The Preserve Commercial Park South Edward F. Flaherty Edward F. Flaherty (For City use) Date Received 4, r / 17,35' Project No. _7, c , /5_0 Council Consideration 4...-/rd /(/ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-167 RESOLUTION RECEIVING FEASIBILITY REPORT AND SETTING PUBLIC HEARING WHEREAS, a report has been given by the City Eng i n e e r , t h r o u g h R C M , I n c . t o the City Council recommending the following impro v e m e n t s t o w i t : I.C. 52-149 (Watermain Extension on Pioneer Trail) NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE C I T Y C O U N C I L : 1. The Council will consider the aforesaid improveme n t s i n a c c o r d a n c e with the report and the assessment of property a b u t t i n g o r w i t h i n said boundaries for all or a portion of the cost o f t h e i m p r o v e m e n t pursuant to M.S.A. Section 429.011 to 429.111, a t a n e s t i m a t e d total cost of the improvements as shown. 2. A public hearing shall be held on such proposed i m p r o v e m e n t o n t h e 20th of September at 7:30 P.M. at the Eden Prairi e C i t y H a l l , 7 6 0 0 Executive Road. The City Clerk shall give published and mailed notice of such hearing on the improvements as requ i r e d b y l a w . ADOPTED by the Eden Prairie City Council on Augu s t 1 6 , 1 9 8 8 . Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk /73S- Wooddale Baptist Church CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 15-88-PUD-2-88 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 within the Public District also be placed in the Planned Unit Development 2-88- Public District (hereinafter "PUD 2-88-Public"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of December 15, 1981, entered into between Wooddale Baptist Church and the City of Eden Prairie (hereinafter "Developer's Agreement") and that certain supplement to the Developer's Agreement, dated as of August 16, 1988, entered into between Wooddale Baptist Church and the City of Eden Prairie (hereinafter "Supplement"). The Developer's Agreement and Supplement contain the terms and conditions of PUD 2-88-Public, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 2-88-Public is not in conflict with the goals of the Guide Plan of the City. B. PUD 5-88-Public is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code, that are contained in PUD 2-88-Public, are justified by the design of the development described therein. D. PUD 2-88-Public is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is, also included hereafter in the Planned Unit Development 2-88-Public 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 6. City Code Chapter 1 entitled "General Provisions and /7-3:42 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 7. 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 5th day of April, 1988, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 16th day of August, 1988. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of EXHIBIT A Legal Description Lot I, Block I, WOODDALE CHURCH ADDITION, Hennepin County, Minnesota. Wooddale Baptist Church SUPPLEMENT TO DEVELOPER'S AGREEMENT This Supplement to Developer's Agr e e m e n t m a d e a n d e n t e r e d i n t o a s o f t h i s day of , 1988, by and b e t w e e n W o o d d a l e B a p t i s t C h u r c h , a Minnesota non-profit corporatio n , o w n e r o f t h e p r o p e r t y a s d e s c r i b e d i n t h e developer's agreement between Woodd a l e B a p t i s t C h u r c h a n d t h e C i t y o f E d e n P r a i r i e , for construction of a church and rel a t e d c h u r c h f a c i l i t i e s , d a t e d D e c e m b e r 1 5 , 1 9 8 1 , and the City of Eden Prairie, a m u n i c i p a l c o r p o r a t i o n , h e r e i n a f t e r r e f e r r e d t o a s "City:" WHEREAS, Wooddale Baptist Church an d C i t y d e s i r e t o a m e n d s a i d a g r e e m e n t f o r a portion of the property refer r e d t o i n s a i d a g r e e m e n t , t h a t p o r t i o n o f t h e property being as described in Exhi b i t A , a t t a c h e d h e r e t o a n d m a d e a p a r t h e r e o f ; NOW, THEREFORE, it is agreed by and b e t w e e n t h e p a r t i e s t h e r e t o a s f o l l o w s : 1. The Developer's Agreement shall be a n d h e r e b y i s s u p p l e m e n t e d a n d a m e n d e d i n the following respects: A. Paragraph I. shall be amended to read as follows: Owner shall develop the property i n c o n f o r m a n c e w i t h t h e r e v i s e d material dated March 24, 1988, rev i e w e d a n d a p p r o v e d a s a m e n d e d b y the City Council on April 5, 1988, a n d a t t a c h e d h e r e t o a s E x h i b i t B, subject to such changes and modific a t i o n s a s p r o v i d e d h e r e i n . B. There shall be added paragraphs 14 . - 2 6 . a s f o l l o w s : 14. Development on the property for Ph a s e I I I c o n s t r u c t i o n s h a l l be as depicted in Exhibit B, attach e d h e r e t o . 15. Developer agrees that, prior to c o n s t r u c t i o n o f a n y f u t u r e phases beyond Phase III, Developer shall submit detailed plans for each phase to the Cit y f o r c o m p a r i s o n t o t h e Master Plan as depicted in Exhibi t B , a t t a c h e d h e r e t o . I f it is determined by City, in its s o l e d i s c r e t i o n , t h a t t h e plans for the future phases are not substantially compa r a b l e to the Master Plan, Developer agrees to submit to the C i t y Council and obtain the City Council's approval of any f u t u r e phase. Developer agrees to submit to the City at leas t t h e following information in such instance: Plans and wr i t t e n materials for site plan review, including, but not lim i t e d to architectural elevations, site plans, grading pl a n s , landscaping plans, and other plans as may be required f o r buildings, structures, utilities, facilities, and other l a n d improvements proposed to be constructed upon the propert y . 16. In the event that Developer has not yet built parking r a m p s and it is determined by City, in its sole discretion, t h a t parking problems exist in fire lanes or along Bryant L a k e Drive before Developer is under construction with any fu t u r e phases of development beyond Phase III, Developer agree s t o return to the Planning Commission and City Counc i l f o r review of the parking situation. If a solution to t h e parking problem is not found within a reasonable amount o f time, Developer agrees to consult with a traffic engi n e e r for a parking study designed to present solutions t o s a i d problems. Developer agrees to submit said parking st u d y t o the City Council and, further to implement corre c t i v e measures as approved by the City Council at that time. 17. Prior to issuance of any grading permit on the pro p e r t y , Developer shall have obtained from the Minnesota Poll u t i o n Control Agency an Indirect Source Permit for the develo p m e n t of the property. 18. Developer agrees to notify the City and the Wate r s h e d District at least 48 hours in advance of any gradin g , o r tree removal, on the property. 19. Prior to issuance of any grading permit upon the prop e r t y , Developer shall submit to the Director of Planning , a n d receive the Director's approval of, a tree replacement p l a n for 19 caliper inches of trees which are planned t o b e removed from the property due to construction on s a i d property as approved by City for Phase III. Tree re m o v a l from future Phases IV through VI shall be in accordance with Tree Preservation Policy in effect at that time,, pri o r t o issuance of any grading permit for any future develop m e n t phase. Upon approval by the Director of Planning, Developer ag r e e s to implement, or cause to be implemented, said t r e e replacement plan, in accordance with the tree replace m e n t policy of the City, attached hereto as Exhibit D, and ma d e a part hereof. 20. Developer agrees to implement erosion control measures a n d adequate protective measures for areas to be preserved a n d areas where grading is not to occur, and to receive C i t y OLIO approval of said measures. Develo p e r a g r e e s t h a t s a i d protective measures shall include, but n o t b e l i m i t e d t o : A. Grading shall be confined to that a r e a o f t h e property within the construction l i m i t s . S a i d construction limits may be amended b y D e v e l o p e r , upon approval by the Director of Planni n g . B. Snow fencing shall be placed at the c o n s t r u c t i o n limits within the wooded areas signif i c a n t t r e e s o f the property prior to any grading upon t h e p r o p e r t y . C. City shall perform an on-site inspec t i o n o f s a i d protective measures on the property b y t h e C i t y . Developer shall contact City for said i n s p e c t i o n . Developer agrees that defects in m a t e r i a l s a n d workmanship in the implementation of s a i d m e a s u r e s shall then be determined by the City. D. Defects in materials or workmanship, i f a n y , s h a l l be corrected by Developer. Developer a g r e e s t o c a l l City for reinspection of the implementation measures, and to receive approval by t h e C i t y p r i o r to issuance of the grading permit b y t h e C i t y . Approval of materials and workmanship m a y b e s u b j e c t to such conditions as the City may i m p o s e a t t h e time of acceptance. 21. Prior to issuance of any grading perm i t , D e v e l o p e r s h a l l submit to the Director of Plannin g a n d r e c e i v e t h e Director's approval of a tree inventory o f t h o s e s i g n i f i c a n t trees within 25 ft. outside of the cons t r u c t i o n a r e a , w h i c h are not planned to be removed by c o n s t r u c t i o n o n t h e property as approved by City, indicati n g t h e s i z e , t y p e , a n d location of all trees twelve (12) inc h e s i n d i a m e t e r , o r greater, at a level 4.5 feet above gro u n d l e v e l . 22. If any such trees are removed, damaged , o r d e s t r o y e d o u t s i d e of the construction area, Developer a g r e e s t h a t p r i o r t o issuance of any building permit for t h e p r o p e r t y , D e v e l o p e r shall: A. Submit to the Director of Planning, a n d r e c e i v e t h e Director's approval of a reforestatio n p l a n f o r a l l trees removed, damaged, or destroyed o u t s i d e o f t h e construction area. Said plan shall i n d i c a t e t h a t the trees shall be replaced by similar t r e e s p e c i e s and that the trees used for reforesta t i o n s h a l l b e no less than three inches in diamete r . T h e a m o u n t of trees to be replaced shall be dete r m i n e d b y t h e Director of Planning, using a square in c h p e r s q u a r e inch basis, according to the area o f t h e c i r c l e created by a cross sectional cut t h r o u g h t h e diameter of a tree as measured 4.5 f e e t a b o v e t h e ground. B. Prepare and submit to the Director of Planning, and receive the Director's approval of a written estimate of the costs of the reforestation work to be completed. C. Submit a bond, or letter of credit, guaranteeing completion of all reforestation work as approved by the Director of Planning. Developer agrees that the amount of the bond, or letter of credit, shall be 150% of the approved estimated cost of implementation of all reforestation work and shall be in such form and contain such other provisions and terms as may be required by the Director of Planning. Upon approval by the Director of Planning, Developer shall implement, or cause to be implemented, those improvements listed above in said plans, as approved by the Director of Planning. 23. Prior to issuance of any building permit upon the property, Developer shall submit to the Director of Parks, Recreation and Natural Resources, and obtain the Director's approval of a trail easement for a public City trail, generally located along the southern boundary of the property. Said trail easement shall be 10 ft. wide and will follow the locatio n established during construction of Phase VI. The connectio n to Bryant Lake Park will be graded with Phase III b y Developer to meet the 5+% grade requirement of the City. Other trail requirements remain as specified in the origina l Developer's Agreement. 24. Prior to issuance of any building permit upon the property , Developer agrees to submit to the Director of Planning, an d to obtain the Director's approval of the following: A. A detailed landscape plan for Phase III that includes additional plantings along the single family homes adjacent to the property to the west as approved by the homeowners and which includes plantings along Bryant Lake Park as depicted in Exhibit B, attached hereto. B. Detailed lighting plans for the property, including the location of all lighting, the style of all lighting, including any wall-mounted lighting, and the height of any standards used on the property. Lighting on the property shall be implemented with cut-off, down-cast luminars to avoid any glare off the property. Lighting to be in conformance with plans in Exhibit B for the church structure, the property, and the steeple. C. Detailed signage plans for the property, including the location of all signs, the style, colors , a n d sizes of all signs to be located on the property . D. Samples of exterior materials to be used on t h e structures on the property. Said materials shal l b e architecturally integral with the existing mater i a l s on the existing structures on the property. Upon approval by the Director of Planning, Dev e l o p e r a g r e e s to construct, or implement, the above material s a n d p l a n s , as approved by the Director of Planning, in acc o r d a n c e w i t h the terms and conditions of Exhibit C, attached h e r e t o . 25. Developer agrees that a 70-80 ft. wide perm a n e n t b u f f e r strip shall be maintained along Bryant Lake Dr i v e f r o m t h e property line to the parking area, as depicted i n E x h i b i t B , attached hereto. Developer agrees that the fro n t 2 0 - 3 0 f t . may be used for reforestation with birch and ma p l e s p e c i e s , as depicted in Exhibit B, and that the rear 50- 6 0 f t . m a y b e reforested over a four-to-five year period of ti m e b e g i n n i n g at the time of issuance of an occupancy per m i t f o r t h e structure within Phase III, as depicted in E x h i b i t B , attached hereto, and completed concurrent with c o n s t r u c t i o n of the parking lot. 26. Developer agrees that any activity which woul d r e s u l t i n more than 250 persons arriving, or departing fro m t h e c h u r c h shall not be scheduled during the PM Peak Hour o f 4 : 0 0 p . m . to 6:00 p.m., but shall, instead, be scheduled t o t a k e p l a c e at 7:00 p.m. in order to control traffic. E v e n t s s t a r t i n g before and ending after the P.M. Peak Hour fo r t r a f f i c m a y create parking for more than 250 vehicles wit h o u t a f f e c t i n g the P.M. Peak Hour for traffic. 27. The amount of existing landscaping on the property, exclusive of screening and planting island re q u i r e m e n t s , i s 341 caliper inches. A total of 163 calip e r i n c h e s i s required for existing Phases I and II. A 179 c a l i p e r i n c h credit can be applied towards landscaping requi r e d f o r P h a s e 28. Developer acknowledges that outside storage o f b u s e s o n t h e property is a violation of City Code and agrees t o s t o r e t h e buses off-site, or to enclose the buses in a b u s g a r a g e . I f Developer elects to build a garage for the bus e s , D e v e l o p e r agrees to submit site plan details in acc o r d a n c e w i t h standard City practices for site plan review a t t h a t t i m e . In the future, after the parking decks have b e e n b u i l t , buses may be stored on the lower level of the p a r k i n g d e c k s . 2. Wooddale Church agrees to all of the terms and c o n d i t i o n s a n d a c c e p t s t h e obligations of the "Owner" under the Develop e r ' s A g r e e m e n t , a s a m e n d e d a n d supplemented herein. Wooddale Baptist Church CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-117 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 15-88-PUD-2-88 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 15-88-PUD-2-88 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 16th d a y o f August, 1988; 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. 15-88-PUD-2-88, 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. 15-88-PUD-2-88 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on August 16, 1988. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Wooddale Baptist Church CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 15-88-PUD-2-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAN D F R O M O N E ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIO N S O F L A N D IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 1 1 . 9 9 , WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: This Ordinance allows rezoning of land located at the southwest corner of Shady Oak Road and Bryant Lake Drive, from the Public D i s t r i c t to the PUD-2-88-Public District, subject to the terms and conditi o n s o f a developer's agreement. Exhibit A, included with this Ordinance, gives t h e f u l l legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1988. (A full copy of the text of this Ordinance is available from the City Cle r k . ) Fairfield Phase I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 29-88-PUD-8-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRI E , M I N N E S O T A , R E M O V I N G C E R T A I N L A N D F R O M O N E ZONING DISTRICT AND PLACING IT IN ANOTH E R , A M E N D I N G T H E L E G A L D E S C R I P T I O N S O F L A N D IN EACH DISTRICT, AND, ADOPTING BY REFE R E N C E C I T Y C O D E C H A P T E R 1 A N D S E C T I O N 1 1 . 9 9 WHICH, AMONG OTHER THINGS, CONTAIN PENA L T Y P R O V I S I O N S THE CITY COUNCIL OF THE CITY OF EDEN PR A I R I E , M I N N E S O T A , O R D A I N S : Section 1. That the land which is the subject o f t h i s O r d i n a n c e (hereinafter, the "land") is legally des c r i b e d i n E x h i b i t A a t t a c h e d h e r e t o a n d m a d e a part hereof. Section 2. That action was duly initiated proposi n g t h a t t h e l a n d b e removed from the Rural District and be p l a c e d i n t h e P l a n n e d U n i t D e v e l o p m e n t 8 - 8 8 - R1-13.5 and R1-9.5 Districts (hereinafte r " P U D 8 - 8 8 - R 1 - 1 3 . 5 a n d R I - 9 . 5 " ) . Section 3. The land shall be subject to the ter m s a n d c o n d i t i o n s o f that certain Developer's Agreement dated a s o f A u g u s t 1 6 , 1 9 8 8 , e n t e r e d i n t o b e t w e e n Tandem Properties and the City of Eden P r a i r i e ( h e r e i n a f t e r " D e v e l o p e r ' s A g r e e m e n t " ) and those certain supplements to the De v e l o p e r ' s A g r e e m e n t , d a t e d a s o f A u g u s t 1 6 , 1988, entered into between Eden Prairie D e v e l o p m e n t C o r p o r a t i o n a n d t h e C i t y o f E d e n Prairie and between Laurence H. and Co r a l i s H . S o w l e s , h u s b a n d a n d w i f e , a n d t h e City of Eden Prairie (hereinafter "S u p p l e m e n t s " ) . T h e D e v e l o p e r ' s A g r e e m e n t a n d Supplements contain the terms and condit i o n s o f P U D 8 - 8 8 - R 1 - 1 3 . 5 a n d R 1 - 9 . 5 , a n d a r e hereby made a part hereof. Section 4. The City Council hereby makes the follo w i n g f i n d i n g s : A. PUD 8-88-R1-13.5 and RI-9.5 is not in c o n f l i c t w i t h t h e g o a l s o f t h e Guide Plan of the City. B. PUD 8-88-R1-13.5 and RI-9.5 is designe d i n s u c h a m a n n e r t o f o r m a desirable and unified environment within i t s o w n b o u n d a r i e s . C. The exceptions to the standard requireme n t s o f C h a p t e r s 1 1 a n d 1 2 o f the City Code, that are contained in P U D 8 - 8 8 - R 1 - 1 3 . 5 a n d R 1 - 9 . 5 , are justified by the design of the devel o p m e n t d e s c r i b e d t h e r e i n . D. PUD 8-88-R1-13.5 and R1-9.5 is of suffi c i e n t s i z e , c o m p o s i t i o n , a n d arrangement that its construction, m a r k e t i n g , a n d o p e r a t i o n i s feasible as a complete unit without dep e n d e n c e u p o n a n y s u b s e q u e n t unit. Section 5. The proposal is hereby adopted and the l a n d s h a l l b e , a n d hereby is, removed from the Rural Dist r i c t a n d s h a l l b e i n c l u d e d h e r e a f t e r i n t h e Planned Unit Development 8-88-R1-1 3 . 5 a n d R I - 9 . 5 D i s t r i c t , a n d t h e l e g a l descriptions of land in each distric t r e f e r r e d t o i n C i t y C o d e S e c t i o n 1 1 . 0 3 , subdivision 1, subparagraph B, shall be a n d a r e a m e n d e d a c c o r d i n g l y . Section 6. 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 i n t h e i r entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of July, 1988, and finally read and adopted and o r d e r e d published at a regular meeting of the City Council of said City on the 16th d a y o f August, 1988. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of (-0 Fairfield Addition Phase I DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1988, by Tandem Properties, a Minnesota partnership, hereinafter referred to a s " D e v e l o p e r , " and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter r e f e r r e d t o a s "City:" WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Con c e p t for 148.2 acres, Planned Unit Development District Review and Zoning D i s t r i c t C h a n g e from Rural to PUD-8-88-R1-13.5 and PUD-8-88-R1-9.5, with waivers, on a p p r o x i m a t e l y 30 of said 148.2 acres, and Preliminary Plat of approximately said 3 0 a c r e s f o r 6 8 single family lots, outlots, and road right-of-way, all situated in He n n e p i n C o u n t y , State of Minnesota, more fully described in Exhibit A, attached here t o a n d m a d e a part hereof, and said acreage hereinafter referred to as "the property; " NOW, THEREFORE, in consideration of the City adopting Ordinance # 2 9 - 8 8 , Developer covenants and agrees to construction upon, development, and m a i n t e n a n c e o f said property as follows: 1. Developer shall develop the property in conformance with the materials revised and dated July 19, 1988, reviewed and approved by the City Council on July 19, 1988, 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 miner 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. Concurrent with, and as part of the final plat for the property, Developer agrees to provide the following to the City: A. The Outlot located adjacent to Blocks 7 and 8, as depicted in Exhibit B, attached hereto. B. Utility and drainage easements over all ponds on the property, as depicted in Exhibit B, attached hereto. 4. Prior to release of the final plat, Developer shall provide for transfer of title to the Eden Prairie Cemetery for the two outlots which share boundary lines and are adjacent to the Cemetery, one located on the north and one located on the south side of the Cemetery as depicted in Exhibit B, attached hereto, to the Eden Prairie Cemetery Association. Developer agrees to provide proof of said transfer of title to the City prior to release of the final plat. 5. Prior to release of the final plat, Developer shall submit to the City, and obtain the City's approval of scenic easements over the rear portions of Lots 1-4, Block 7, and Lots 1-5, Block 8, as depicted in Exhibit B, attached hereto, said easement to be in the form depicted in Exhibit D, attached hereto, and made a part hereof. 6. Prior to issuance of any grading permit on the property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, storm sewer, and erosion control for the property. Said plans shall include, but not be limited to, at least the following: A. Design of the turn and bypass lanes on County Road #4 at its intersection with the east/west collector road through the property. B. Design of extension of sanitary sewer and watermain to the proposed elementary school site, located south of the property. C. Design of the a trunk storm sewer between the wetland area in the southwest corner of Phase I, as depicted in Exhibit B, attached hereto, to be installed during the initial development of Phase I. D. An overall storm sewer plan for Phase I, revised to reflect the trunk storm sewer facility as identified in the Southwestern Eden Prairie Development Phasing Study. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 7. Developer agrees to notify the City and the Watershed District at least 48 hours in advance of any grading, or tree removal, on the property. 8. Prior to issuance of any grading permit upon the property, Developer shall submit to the Director of Planning, and obtain the Director's approval of, a tree replacement plan for 440 caliper inches of trees which are planned to be removed from the property due to construction on said property as approved by City. /7L19 Upon approval by the Director of Planning, Developer agrees to implement, or cause to be implemented, said tree replacement plan, in accordance with the tree replacement policy of the City, attached hereto as Exhibit D, and made a part hereof. 9. Developer agrees to implement erosion control measures and adequate protective measures for areas to be preserved and areas where grading is not to occur, and to receive City approval of said measures. Developer agrees that said protective measures shall include, but not be limited to: A. Grading shall be confined to that area of the property within the construction limits. B. Snow fencing shall be placed at the construction limits within the wooded areas of the property prior to any grading upon the property. C. City shall perform an on-site inspection of said protective measures on the property by the City. Developer shall contact City for said inspection. Developer agrees that defects in materials and workmanship in the implementation of said measures shall then be determined by the City. D. Defects in materials or workmanship, if any, shall be corrected by Developer. Developer agrees to call City for reinspection of the implementation measures, and to receive approval by the City prior to issuance of the grading permit by the City. Approval of materials and workmanship may be subject to such conditions as the City may impose at the time of acceptance. 10. Prior to issuance of any grading permit, Developer shall submit to the Director of Planning and obtain the Director's approval of a tree inventory of those trees within 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. 11. If any such trees are removed, damaged, or destroyed outside of the construction area, Developer agrees that prior to issuance of any building permit for the property, Developer shall: A. Submit to the Director of Planning, and receive the Director's approval of a reforestation plan for all trees removed, damaged, or destroyed outside of the construction area. Said plan shall indicate that the trees shall be replaced by similar tree species and that the trees used for reforestation shall be no less than six inches in diameter. The amount of trees to be replaced shall be determined by the Director of Planning, using a square inch per square inch basis, according to the area of the circle created by a cross sectional cut through the diameter of a tree as measured 4.5 feet above the ground. /7S0 B. Prepare and submit to the Director of P l a n n i n g , a n d r e c e i v e the Director's approval of a written e s t i m a t e o f the costs of the reforestation work to be complet e d . C. Submit a bond, or letter of credit, gu a r a n t e e i n g c o m p l e t i o n of all reforestation work as approve d b y t h e D i r e c t o r o f Planning. Developer agrees that the a m o u n t o f t h e b o n d , o r letter of credit, shall be 150% of th e a p p r o v e d e s t i m a t e d cost of implementation of all reforest a t i o n w o r k a n d s h a l l be in such form and contain such other p r o v i s i o n s a n d t e r m s as may be required by the Director of P l a n n i n g . Upon approval by the Director of P l a n n i n g , Developer shall implement, or cause to be implemente d , t h o s e i m p r o v e m e n t s l i s t e d above in said plans, as approved by the D i r e c t o r o f P l a n n i n g . 12. As part of Planned Unit Development # 8 - 8 8 , C i t y h e r e b y g r a n t s t h e following waivers to the requirements o f C h a p t e r 1 1 : Lot size waivers from the required 13 , 5 0 0 s q . f t . m i n i m u m f o r L o t s 1,2, and 3, Block 7, and for Lots 1 , 2 , 4 , a n d 5 , B l o c k 8 , a s depicted in Exhibit B, attached hereto. Fairfield Phase I OWNERS SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN TANDEM PROPERTIES AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1988, by and between Eden Prairie Development Corporation, a Minnesota corporation, hereinafter referred to as "Owner," and the City of Eden Prairie, hereinafter referred to as "City:" For and in consideration of, and to induce, City to adopt Ordinance #29-88- PUD-8-88, changing the zoning of the property owned by Owner from the Rural District to the PUD-8-88 District and RI-13.5 and RI-9.5 District, as more fully described in that certain Developer's Agreement entered into as of , 1988, by and between Tandem Properties and City, Owner agree with the City as follows: 1. If Tandem Properties fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the property to Rural. 2. This Agreement shall be binding upon and enforceable against Owner, their successors, heirs, and assigns of the property. 3. If the Owner transfers such property, Owner shall obtain an agreement from the transferree requiring that such transferee agree to the terms of the Developer's Agreement. CITY Gary D. Peterson, Mayor Carl J. Jullie, City Manager Fairfield Phase I OWNERS SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN TANDEM PROPERTIES AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1988, by and between Laurence H. and Coralis H. Sowles, husband and wife, hereinafter referred to as "Owners," and the City of Eden Prairie, hereinafter referred to as "City:" For and in consideration of, and to induce, City to adopt Ordinance #29-88- PUD-8-88, changing the zoning of the property owned by Owner from the Rural District to the PUD-8-88 District and R1-13.5 and R1-9.5 District, as more fully described in that certain Developer's Agreement entered into as of , 1988, by and between Tandem Properties and City, Owners agree with the City as follows: 1. If Tandem Properties fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owners shall not oppose the rezoning of the property to Rural. 2. This Agreement shall be binding upon and enforceable against Owners, their successors, heirs, and assigns of the property. 3. If the Owners transfer such property, Owners shall obtain an agreement from the transferree requiring that such transferee agree to the terms of the Developer's Agreement. CITY Gary D. Peterson, Mayor Carl J. Jullie, City Manager SATHRE-BERGGUIST, INC. 106 SOUTH BROADWAY • WAYZATA, MN. 55391 • TELEPHONE 6 1 2 - 4 7 6 - 6 0 0 0 Exhibit A Page 1 of 4 R 1 - 13.5 ZONING PHASE _1 Those parts of the following described parcels of land : That part of the South 3/8 of the Northeast Qu a r t e r o f t h e Northeast. Quarter of Section 20, Township 116, Ran g e 2 2 , l y i n g West of County Road No. 4. That part of the North 5/8 of the Northeast Qu a r t e r o f t h e Northeast Quarter Section 20, Township 116, Range 2 2 , l y i n g W e s t of County Road No. 4. North 5/8 of the Northwest Quarter of the Northeast Q u a r t e r o f Section 20, Township 116, Range 22. Fast 1/3 of South 3/8 of Northeast Quarter of Northw e s t Q u a r t e r and South 3/8 of Northwest Quarter of Northeast Q u a r t e r , S e c t i o n 20, Township 116, Range 22. All that part of the Southeast Quarter of the Northe a s t Q u a r t e r o f Section 20, Township 116, Range 22, which lies West o f C o u n t y R o a d No. 4, except that part thereof described as follows: C o m m e n c i n g at a point 279 feet West of the Northeast of the Sou t h e a s t Q u a r t e r of the Northeast Quarter of Section 20, Township 1 1 6 , R a n g e 2 2 , which point is the center of so called Murphy Ferry R o a d ; t h e n c e West 442 feet; thence South 340.8 feet; thence E a s t o n a l i n e parallel to the north line of the Southeast Q u a r t e r o f t h e Northeast Quarter to a point in center of the so c a l l e d r o a d ; thence Northwesterly along the center of said road t o t h e p l a c e o f beginning. And except that part described as follows: Commencing at the Southeast corner of the Southeast Q u a r t e r of the Northeast Quarter, Section 20, Township 116 , R a n g e 22, thence North along the Easterly line of said Sec t i o n 3 0 0 feet; thence West 615 feet parallel with the sout h l i n o o f the Southeast Quarter of the Northeast Quarter to a p o i n t . hereinafter called Point "A", said Point A being th e p o i n t of beginning of the land to be described; thence Sout h 3 0 0 feet parallel with the East line of said Section t o t h e South line of said Quarter, thence West along said S o u t h lino to the West line of the Southeast Quarter o f t h e Northeast Quarter, thence North along said West li n e 7 5 0 feet to a point hereinafter called Point "Er, thence THRE-SERGOUIST, INC. Exhibit A Page 2 of 4 106 SOUTH BROADWAY • WAYZATA. MN . 55391 • TELEPHONE 612-476-6000 southeasterly to Point "A", said line he r e i n a f t e r c a l l e d line "AB". ALSO EXCEPT: Beginning at said Point "A" thence Easter l y 6 1 5 f e e t t o t h e Easterly line of the Southeast Quarter o f t h e N o r t h e a s t Quarter of Section 20, Township 116, Range 2 2 , p a r a l l e l w i t h the South line of said Quarter, thence No r t h 1 5 0 f e e t a l o n g the East line of said Quarter, thence West p a r a l l e l w i t h t h e South line of said Quarter to its inter s e c t i o n w i t h l i n e "AB", thence Southeasterly to Point "A". Which lie southerly and easterly of the fo l l o w i n g d e s c r i b e d l i n e : Cormneneing at a point on the north line o f t h e N o r t h e a s t Q u a r t e r of the Northeast Quarter of said Section 2 0 , T o w n s h i p 1 1 6 , R a n g e 22, distant 26.61 feet east of the nor t h w e s t c o r n e r o f s a i d Northeast Quarter of the Northeast Quarter, s a i d n o r t h l i n e h a v i n g a assumed bearing of North 89 degrees 00 m i n u t e s 0 8 s e c o n d s W e s t ; thence South 0 degrees 12 minutes 04 sec o n d s E a s t 4 2 9 . 4 0 f e e t ; thence South 54 degrees 12 minutes 38 sec o n d s W e s t 2 4 4 . 7 2 f e e t ; thence South 9 degrees 48 minutes 56 sec o n d s W e s t 1 6 4 . 9 4 f e e t ; thence South 80 degrees 48 minutes 25 seco n d s E a s t , 2 2 8 . 7 4 f e e t ; thence North 77 degrees East, 741.04 fe e t t o t h e c e n t e r l i n e o f County Road No. 4 and the point of begi n n i n g o f t h e l i n e t o b e described; thence South 77 degrees West, 7 4 1 . 0 4 f e e t : t h e n c e S o u t h 14 degrees 13 minutes 50 seconds East, 1 7 1 . 5 5 f e e t ; t h e n c e S o u t h 43 degrees 53 minutes 50 seconds East, 196 . 9 2 f e e t ; t h e n c e S o u t h 6 degrees East, 995.06 feet to the intersec t i o n w i t h s a i d l i n e " A B " and said line there terminating. Dated: August 2, 1988 SATHRE-BERGGUIST, INC. 106 SOUTH BROADWAY • WAYZATA. MN . 55391 • TELEPHONE 612-476-6000 Exhibit A Page 3 of 4 R 1 - 9.5 ZONING PHASE J Those parts of the following described parcels of land: That part of the South 3/8 of the Northeast Quarter of the Northeast Quarter of Section 20, Township 116, Range 22, lying West of County Road No. 4. That part of the North 5/8 of the Northeast Quarter of the Northeast Quarter Section 20, Township 116, Range 22, lying West of County Road No. 4. North 5/8 of the Northwest Quarter of the Northeast Quarter of Section 20, Township 116, Range 22. East 1/3 of South 3/8 of Northeast Quarter of Northwest Quarter . and South 3/8 of Northwest Quarter of Northeast Quarter, Section 20, Township 116, Range 22. All that part of the Southeast Quarter of the Northeast Quarter of Section 20, Township 116, Range 22, which lies West of County Road No. 4, except that part thereof described as follows: Commencing at a point 279 feet West of the Northeast of the Southeast Quarter of the Northeast Quarter of Section 20, Township 116, Range 22, which point is the center of so called Murphy Ferry Road; thence West. 442 feet; thence South 340.8 feet; thence East: on a line parallel to the north line of the Southeast Quarter of the Northeast Quarter to a point in center of the so called road; thence Northwesterly along the center of said road to the place o r beginning. And except that part described as follows: Commencing at the Southeast corner or the Southeast Quarter of the Northeast Quarter, Section 20, Township 116, Rmige 22, thence North along the Easterly line or said Section 300 feet; thence West 615 feet parallel with the south line of the Southeast Quarter of the Northeast Quarter to a point. hereinafter called Point "A -, said Point A being the point of beginning of the land to he described; thence South 300 feet parallel with the East line of said Section to the South Line or said Quarter, thence West along said South line to the West line of the Southeast Quarter of the Northeast Quarter, thence North along said West line 750 feet to a point hereinafter called Point "B", thence 17 ( SATHRE-BERGOUIST, INC. 106 SOUTH BROADWAY • WAYZATA, MN. 55391 • TELEPHON E 6 1 2 - 4 7 6 - 6 0 0 0 Exhibit A Page 4 of 4 southeasterly to Point "A", said line hereinafter c a l l e d line "AB". ALSO F3LEV1: Beginning at said Point "A" thence Easterly 615 feet t o t h e Easterly line of the Southeast Quarter of the Nort h e a s t Quarter of Section 20, Township 116, Range 22, paralle l w i t h the South line of said Quarter, thence North 150 feet a l o n g the East line of said Quarter, thence West parallel wit h t h e South line of said Quarter to its intersection with l i n e "AB", thence Southeasterly to Point "A". Described as follows: Beginning at a point on the north line of the Northea s t Q u a r t e r o f the Northeast Quarter of said Section 20, Township 11 6 , R a n g e 2 2 , distant 26.61 feet east of the northwest corner of said N o r t h e a s t Quarter of the Northeast Quarter, said north line havi n g a a s s u m e d • bearing of North 89 degrees 00 minutes 08 seconds W e s t ; t h e n c e South 0 degrees 12 minutes 04 seconds East 429.40 f e e t ; t h e n c e South 54 degrees 12 minutes 38 seconds West 244.72 f e e t ; t h e n c e South 9 degrees 48 minutes 56 seconds West 164.94 f e e t ; t h e n c e South 80 degrees 48 minutes 25 seconds East, 228.74 fe e t ; t h e n c e North 77 degrees East, 741.04 feet to the center lin e o f C o u n t y Road No. 4; thence northwesterly along the center li n e o f C o u n t y Road No. 4 to be the north line of said Northeast Qu a r t e r o f t h e Northeast Quarter; thence West along said north line t o t h e p o i n t or beginning. Dated: August 2, 1988 777 Fairfield Phase I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-171 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 29-88-PUD-8-88 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 29-88-PUD-8-88 was adop t e d a n d o r d e r e d p u b l i s h e d a t a regular meeting of the City Council of the Ci t y o f E d e n P r a i r i e o n t h e 1 6 t h d a y o f August, 1988; NOW, THEREFORE, BE IT RESOLVED BY THE CITY C O U N C I L O F T H E C I T Y O F E D E N PRAIRIE: A. That the text of the summary of Ordinance No. 2 9 - 8 8 - P U D - 8 - 8 8 , w h i c h is attached hereto, is approved, and the City C o u n c i l f i n d s t h a t said text clearly informs the public of the i n t e n t a n d e f f e c t o f said ordinance. B. That said text shall be published once in the E d e n P r a i r i e N e w s i n a body type no smaller than brevier or eight-poi n t t y p e , a s d e f i n e d i n Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall b e m a d e a v a i l a b l e f o r inspection by any person during regular offic e h o u r s a t t h e o f f i c e of the City Clerk and a copy of the entire t e x t o f t h e O r d i n a n c e shall be posted in the City Hall. D. That Ordinance No. 29-88-PUD-8-88 shall be rec o r d e d i n t h e o r d i n a n c e book, along with proof of publication requ i r e d b y p a r a g r a p h 8 herein, within 20 days after said publication. ADOPTED by the City Council on August 16, 1988 . Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Fairfield Phase I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 29-88-PUD-8-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, R E M O V I N G C E R T A I N L A N D F R O M O N E ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING TH E L E G A L D E S C R I P T I O N S O F L A N D IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE C H A P T E R 1 A N D S E C T I O N 1 1 . 9 9 , WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA , O R D A I N S : Summary: This Ordinance allows rezoning of land located wes t o f County Road 4, southeast of the Minneapolis and St. Lo u i s R a i l r o a d , f r o m t h e R u r a l District to the PUD-8-88-R1-13.5 and R1-9.5 District , s u b j e c t t o t h e t e r m s a n d conditions of a developer's agreement. Exhibit A, i n c l u d e d w i t h t h i s O r d i n a n c e , gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1988. (A full copy of the text of this Ordinance is available f r o m t h e C i t y C l e r k . ) ti 5 9 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-179 BE IT RESOLVED by the City Council of the City of Eden Prairi e t h a t the following persons have agreed to serve as election judges a n d a r e appointed for the Primary Election to be held on September 13 , 1 9 8 8 . ** Indicates Head Judge for that precinct. PRECINCT 14 Janet Dahlke Karen Hackman Carole Meidinger Anne Thomas JoAnn Wronski ** PRECINCT 1B Judy Baker ** Dolores Brown Anne Hawkins Bill Jellison Tommy Thomas PRECINCT 2 Helen Haupt ** Allene Hookom Delores Klein Kay Nicholson Elaine Udstuen PRECINCT 3 Fay Clark ** Adeline Levin Laurie Pennebaker Mary Upton Ethyl Wokasch PRECINCT 4 Priscilla Bailey Cheryl Bridge Gertrude Dahlberg Ruth Mital ** Alice Schultz KING OF GLORY LUTHERAN CHURCH 17850 Duck Lake Trail 6961 Ticonderoga Trail 18212 Valley View Road 15918 Cedar Ridge Road 17440 Duck Lake Trail 6630 Tartan Curve EDEN PRAIRIE COMMUNITY CENTER 16700 Valley View Road 7113 Muirfield Lane 7260 Tartan Curve 18099 South Shore Lane West 9560 Highview Drive 17440 Duck Lake Trail 15709 South Lund Road 16716 Prairie Lane 15701 North Lund Road 16201 Hilltop Road 12774 Gordon Drive EDEN PRAIRIE COMMUNITY CHURCH IMO Valley View Road 7392 Ontario Boulevard 6743 Hallmark Drive 7284 Prairie View Drive 16163 Edenwood Drive 15129 Lesley Lane ST. ANDREW LUTHERAN CHURCH MOO Valley View Road 6950 Mariann Drive 7272 Gerard Drive 6319 St. John's Drive 12762 Gordon Drive 6325 St. John's Drive 934-1708 934-4464 934-9027 937-2840 934-9205 934-4226 937-8727 937-2153 934-0848 934-2253 934-0934 934-9205 934-9127 934-2550 934-9124 937-1928 941-3654 937-9593 934-4460 937-1709 937-2623 937-2938 937-8002 937-2776 937-8885 941-8104 937-1299 944-3481 937-8171 EDEN PRAIRIE ASSEMBLY OF GOD CHURCH IT5g1 Duck Lake Trail 934-2327 Res. No. 88-179 Page 2 PRECINCT 5A Pinky Bramwell Chris Dodge Joyce Myhre ** Laurina Reiff Melody Villars PRECINCT 5B Elaine Jacques Shirley Jellison * * David Knaak Alfred Nelson Merrill Watson PRECINCT 6 Connie Blad Virginia Gartner ** Mary Helfand Bernice Holasek Marie Wittenberg PRECINCT 7A Rita Anderson Adeline Bramwell * * Louise Doughty Margaret Kruger Ruth Olson PRECINCT 7B Lois Campbell Juliet Gleason Katharine Hendrickson Viola McLain Jim Rannow ** IMMANUEL LUTHERAN CHURCH 16515 Luther Way 14329 Fairway Drive 15850 Westgate Drive 15011 Sumnerhill Drive 7024 Baker Road 7616 Carnelian Lane IMMANUEL LUTHERAN CHURCH 16515 Luther Way 9021 Riley Lake Road 9560 Highview Drive 7935 South Bay Curve 16300 Hilltop Road 8047 Curtis Lane 17345 Pioneer Trail 15701 Cedar Ridge Road 15476 Village Woods Drive 10020 Dell Road 9880 Crestwood Terrace NEW TESTAMENT CHURCH 12-g01 Roberts Drive 14312 Fairway Drive 14329 Fairway Drive 13200 Roberts Drive 14311 Fairway Drive 9051 East Staring Lane 635 Prairie Center Drive 8633 Darnel Road 635 Prairie Center Dr., #218 14224 Chestnut Drive 16316 Lincoln Lane 937-8123 937-8987 937-8413 937-1709 941-2337 934-0448 937-8123 934-0944 934-0934 934-0324 937-2435 934-5707 937-2841 937-1595 934-6704 934-1185 934-0961 941-7290 937-8196 937-8987 941-2337 937-8261 937-1767 941-2750 944-6154 944-5281 937-1798 937-8237 EDEN PRAIRIE UNITED METHODIST CHURCH 1-3-g0 Scenic Heights Road 937-8781 SOUTH SUBURBAN HENNEPIN COUNTY VO-TECH MO Flying Cloud Drive 944-9993 Res. No. 88-179 Page 3 PRECINCT 8 Maureen Miller Marion Nesbitt Ruth Schneider Walter Thompson Barb Vanderploeg * * PRECINCT 9A Bernadine Beauvais Dorothy Caba Barbara Call ** Ann Cheatham Nancy Little PRECINCT 9B Jeanne Brandt ** Tim Gordon Carol Hegge Isabell Iverson Betty Schaitberger EDEN PRAIRIE PRESBYTERIAN CHURCH 1109 Leona Road 11555 Carriage Court 8701 Black Maple Drive 8651 Basswood Road, #306 11325 Westwind Drive, #F 8735 Leeward Circle PAX CHRISTI CATHOLIC CHURCH riroo Pioneer Trail 10285 Amsden Way 10121 Laurel Drive 9205 Talus Circle 9236 Amsden Way 9450 Aspen Circle PAX CHRISTI CATHOLIC CHURCH rfroo Pioneer Trail 12300 Riverview Road 10272 Arrowwood Drive 10015 Pioneer Trail 12135 Oxbow Drive 12880 Pioneer Trail 941-2521 941-8072 941-2387 941-4680 941-1288 941-5363 941-3150 941-8152 941-6994 941-5140 941-8592 944-2437 941-3150 941-3316 941-8067 941-2707 941-7465 941-1451 ADOPTED BY the Eden Prairie City Council on th i s 1 6 t h d a y o f A u g u s t , 1 9 8 8 . Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk //6 -MEMORANDUM- TO: Mayor Peterson and Council Members FROM: Alan Gray, P.E. City Engineer DATE: August 11, 1988 RE: Grading Permit for Lee Johnson Lee Johnson, the owner of the property identified on attached Figure 6 , a s PID 14-116-22-43-0010, has requested a grading permit to allow the plac e m e n t of excess fill material from the Franlo Road project on the easterl y e n d o f the referenced parcel. The Engineering Division is currently con s i d e r i n g changes in the cross-section of the Franlo Road boulevard adjacent to t h e L e e Johnson property to reduce the impact of grading on several mature oa k trees adjacent to the Franlo Road right-of-way. The proposed change would u t i l i z e a steep backslope from the boulevard and incorporate a guard rail a l o n g t h e south boulevard through the curve in Franlo Road. The utilization o f t h e steep backslope would prevent the extension of fill around several mat u r e o a k trees. The guard rail would isolate vehicle traffic from the steep ba c k s l o p e . The change to the boulevard grading in this location will increase the a m o u n t of excess material that needs to be disposed of outside the const r u c t i o n limits for Franlo Road. Lee Johnson has proposed that a portion o f t h i s excess material be disposed of at the very easterly end of his prope r t y a n d has presented a rough grading plan which is attached to this memo . T h i s grading plan would result in the placement of as much as 7 feet of f i l l i n the low area south of Franlo Road and north of the residential subdivis i o n o f Eden Lake North. The Engineering Division has reviewed the proposed grading plan. The proposed grading would blend into an existing berm along the north lo t l i n e of the Eden Lake North subdivision. The placement of this additional fill would result in the removal of one additional 6-inch willow tree. Other trees in the vicinity of the proposed fill are elms located adjac e n t t o Franlo Road which will be removed for the street grading require d . T h e Engineering Division would recommend approval of the proposed grading p e r m i t based on the following conditinns: 1. No fill would be placed within the drip line of the 40-inch oak shown o n the attached grading plan. Tree protection fence would be required as shown. 2. No fill would be placed within the flood plain of Eden Lake. 3. Erosion control barrier shall be placed as shown on the attachched plan . 4. The property owner shall consult with the watershed district regarding a watershed district permit and make application if required. ADG:ss FRANLO ROAD CITY OF EDEN PRAIRIE STREET AND DRAINAGE ASSESSMENT MAP / / I. C. 52-132 .4,36-24-43-0014 14-116-22-63-0012 14-116-12-47-0004 14-116-2 14-116-22 / 43-0005 43-0003 PROPOSED P.O.W. 14-116-72- LEE JOHNSON PROPERTY 34-0006 I4-116-22-34-0025 4'7 \ FIGURE 8 846 4944 PROPOSED DISPOSAL AREA LEE JOHNSON PROPERTY ----- 842 old OAR 23,g PROTECT EROSION CONT \ 930 EDEN L KE NORTH" n nvr-Atin/ /1 / n Li i--117, 1\ L_ v vs, L' 0‘6"(Lw CITY OF EDEN PRAIRIE HLNNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-172 A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and, WHEREAS, the proposal of Robert H. Mason Homes, Inc., for development of Red Rock Ranch for Low Density Residential use requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eden Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: approximately 40 acres located west of Mitchell Road, east of Red Rock Lake, be modified from Medium Density Residential to Low Density Residential. ADOPTED by the City Council of Eden Prairie this 16th day of August, 1988. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk /76,; CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-173 A RESOLUTION APPROVING THE RED ROCK RANCH PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT TO THE OVERALL RED ROCK RANCH PLANNED UNIT DEVELOPMENT WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PhD) of certain areas located within the City; and, WHEREAS, the Red Rock Ranch development is considered a proper amendment to the overall Red Rock Ranch Planned Unit Development Concept; and, WHEREAS, the City Planning Commission did conduct a public hearing on the request of Robert H. Mason Homes, Inc., for PhD Concept Amendment approval to the overall Red Rock Ranch Planned Unit Development Concept for the Red Rock Ranch development and recommended approval of the PUD Concept Amendment to the City Council; and, WHEREAS, the City Council did consider the request on August 16, 1988; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The Red Rock Ranch development PhD Concept Amendment, being in Hennepin County, Minnesota, and legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PhD Concept Amendment approval to the overall Red Rock Ranch Planned Unit Development Concept as outlined in the application materials for Red Rock Ranch. 3. That the PUD Concept Amendment meets the recommendations of the Planning Commission dated July 22, 1988. ADOPTED by the City Council of Eden Prairie this 16th day of August, 1988. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #88-174 RESOLUTION APPROVING THE PRELIMINARY PLAT OF RED ROCK RANCH FOR ROBERT H. MASON HOMES, INC. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Red Rock Ranch for Robert H. Mason Homes, Inc., dated August 11, 1988, consisting of 150 acres into 61 single family lots, 5 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 16th day of August, 1988. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: City Council Michael D. Franzen, Senior Planner Chris Enger, Director of Planning August 10, 1988 RED ROCK RANCH The Planning Commission voted 5-0 to deny the Red R o c k R a n c h p r o p o s a l a t t h e J u l y 25, 1988, meeting, due to the tree loss which was es t i m a t e d a t 4 4 % . E x c e p t f o r t h e tree loss issue, the Planning Commission was supporti v e o f t h e f o l l o w i n g : 1. The minor collector road through the site could be b u i l t i n p h a s e s w i t h Phase 2 to begin construction in 1990 and assessments f o r t h e r o a d w a y w o u l d be spread out over 20 years. This would be predicat e d u p o n l i m i t i n g t h e number of units in Phase 1 to 30 units and provid i n g a t e m p o r a r y r o a d connection between the northern loop road and the min o r c o l l e c t o r r o a d . 2. The intersection of the minor collector road and Mi t c h e l l R o a d s h o u l d b e designed with the minor collector road as the domin a n t r o a d m o v e m e n t a n d existing Mitchell Road to "T" into this roadway from t h e s o u t h . 3. Large lots and the saving of trees along the wooded p o i n t w a s a t r a d e - o f f for the use of a private road. 4. Street E could be a permanent cul-de-sac. 5. Changing the Comprehensive Guide Plan from Medium Dens i t y R e s i d e n t i a l t o L o w Density Residential. 6. Amending the approved PUD from mostly multiple to mostl y s i n g l e f a m i l y . T h i s would be a decrease in the number of units from 535 to 2 5 0 u n i t s . 7. The density of the proposed multiple family areas in P h a s e s 4 a n d 5 s h o u l d be 2 to 3.5 units per acre. The Staff has since rev i e w e d a c o n c e p t p l a n which provides for a substantial buffer zone in P h a s e 4 a d j a c e n t t o t h e single family areas. We feel that this would b e a s e f f e c t i v e a s a transition in densities. Since the Planning Commission meeting, the develop e r h a s p r o v i d e d a d d i t i o n a l a n d more detailed information on grading, custom house d e t a i l s , a n d t r e e s . B a s e d o n this information, the City Forester calculated that th e t r e e l o s s w o u l d b e a r a n g e from 25% to 33%. We would expect that the Planning Com m i s s i o n w o u l d f i n d t h i s t r e e loss range acceptable since it is comparable to the a v e r a g e t r e e l o s s o f 2 7 % f o r 2 0 other single family subdivisions approved with tree r e p l a c e m e n t . The Planning Commission initially felt that a high t r e e l o s s w a s a n i n d i c a t i o n o f a subdivision that was not the best plan for the site. S i n c e n e w i n f o r m a t i o n s u g g e s t s that the impacts on natural features is not as grea t a s o r i g i n a l l y e s t i m a t e d a n d comparable to other single family sudivisions, and tr e e l o s s w a s t h e p r i m a r y c o n c e r n of the Commission, the Staff would suggest that no f u r t h e r r e v i e w b y t h e P l a n n i n g Commission is warranted. The Staff would recommend a p p r o v a l o f t h e R e d R o c k R a n c h proposal based on recommendations in the Staff Repor t s f r o m P l a n n i n g , E n g i n e e r i n g , Parks and Recreation, and items 1-7 in this memo. MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural R e s o u r c e s C o m m i s s i o n FROM: Barbara Penning Cross, Landscap e A r c h i t e c t DATE: August 9, 1988 SUBJECT: Supplemental Report to July 22 a n d J u n e 2 4 , 1 9 8 8 P l a n n i n g S t a f f Report on Red Rock Ranch The Red Rock Ranch PUD was de n i e d 6 - 0 a t t h e P l a n n i n g C o m m i s s i o n ' s July 25, 1988 meeting. Cul-de-sacs, ro a d a l i g n m e n t a n d p h a s i n g h a v e y e t t o b e resolved, but the major reason f o r d e n i a l w a s t h e t r e e l o s s a n d r e p l a c e m e n t . According to the best estimate o f t h e P l a n n i n g D e p a r t m e n t , t r e e l o s s w a s approximately 44%, and with an a v e r a g e t r e e l o s s i n o t h e r d e v e l o p m e n t s o f o n l y 27%, this was deemed unacceptabl e . S i n c e t h e P l a n n i n g C o m m i s s i o n m e e t i n g , t h e Developer has altered the plans a n d h a s s u b m i t t e d r e v i s e d p l a n s t o t h e C i t y showing a detailed inventory at a l a r g e r s c a l e . T h e n e w p l a n s h o w s t r e e l o s s ranging from 25-33%. Stuart Fox , C i t y F o r e s t e r , h a s r e v i e w e d t h e p l a n s a n d has written a report attached to t h i s m e m o . T h e D e v e l o p e r s h o u l d s t i l l b e required to bond for the trees a c c o r d i n g t o t h e c u r r e n t t r e e r e p l a c e m e n t policy, however, bonding and tree r e p l a c e m e n t c a n b e p h a s e d a c c o r d i n g t o t h e project phasing plan. Other issues related to parks, r e c r e a t i o n a n d n a t u r a l r e s o u r c e s a r e : Shoreland Ordinance - The previous site plan r e v i e w e d b y t h e P l a n n i n g Commission had 17 1.ariances fr o m t h e S h o r e l a n d O r d i n a n c e . T h i s p l a n h a s b e e n modified by the removal of 1 l o t o n t h e p o i n t a n d a r e c o n f i g u r a t i o n o f t h e l o t lines. Only 2 variances are no w r e q u i r e d o n l o t s w i t h o u t a n y e x i s t i n g t r e e s . The overall plan and the prese r v a t i o n o f t h e s h o r e l i n e s e e m s t o w a r r a n t t h e s e variances. Pedestrian Systems - Sidewalks and trails are a n o t h e r i s s u e w i t h i n t h i s development. To be consistent w i t h o t h e r d e v e l o p m e n t s , w e h a v e r e q u e s t e d a n 8' asphalt trail on one side o f t h e m a j o r c o l l e c t o r s t r e e t a n d a 5 ' c o n c r e t e sidewalk on the other side. Th e p e d e s t r i a n s y s t e m h a s b e e n p l a n n e d t o c o n n e c t this and other neighborhoods w i t h t h e p r o p o s e d p a r k . T w o m a p s a r e a t t a c h e d ; one showing the proposed pede s t r i a n s y s t e m w i t h i n t h e P U D , a n d t h e o t h e r showing trail connections to t h e s u r r o u n d i n g c o m m u n i t y . A 4 0 ' o u t l o t h a s b e e n required by the parks, recrea t i o n a n d n a t u r a l r e s o u r c e s s t a f f f o r a t r a i l between two homes on the nor t h s i d e o f t h e p r o j e c t . S t a f f f e e l s t h i s i s necessary in order to provide a d e q u a t e s c r e e n i n g f r o m t h e e x p e c t e d h e a v y u s e of the trail. The existing g r a d e s w i t h i n t h i s o u t l o t a r e c u r r e n t l y 1 4 % . Several mature ironwood and oak t r e e s a r e a l s o w i t h i n t h i s o u t l e t . D u e t o t h e Steep slopes, mature trees an d n a r r o w w i d t h , t r a i l c o n s t r u c t i o n w i l l n e e d special attention in this are a . S t a f f i s r e c o m m e n d i n g f i e l d s t a k i n g a n d c l o s e supervision of the constructio n t o m a i n t a i n a s a f e d i s t a n c e f r o m t r e e s w i t h a s strait a trail as possible for e a s y m a n e u v e r i n g o n s t e e p g r a d e s . A l a r g e a r e a at the bottom of the hill is a v a i l a b l e f o r a s t r a i t r u n o u t d i s t a n c e , w h i c h will also help in safe man e u v e r i n g . S t a i r s i n t h i s l o c a t i o n a r e a n alternative and may be neces s a r y a f t e r f i e l d v e r i f i c a t i o n , h o w e v e r , m o r e 1113 extensive grading and equipment wi l l b e n e c e s s a r y i n o r d e r t o c o n s t r u c t t h e stairs. This alternative has greate r p o t e n t i a l f o r e n d a n g e r i n g t h e t r e e s a n d changing the character of the site. Red Rock Park - Approximately 4 acres of property on the southeast s i d e o f R e d Rock Lake will be dedicated to the C i t y , f o r p a r k p u r p o s e s , i n l i e u o f c a s h park fees for the first phase devel o p m e n t . F a c i l i t i e s w i t h i n t h e p a r k h a v e been jointly established between t h e C i t y a n d r e p r e s e n t a t i v e s f r o m t h e R e d Rock Ranch PUD. Facilities will i n c l u d e a b o a t l a u n c h f o r p u b l i c a c c e s s t o the lake with parking for 6 car/tra i l e r c o m b i n a t i o n s . A picnic shelter and a large picnic area with mature tre e s o v e r l o o k i n g t h e l a k e is also planned. Other facilities will include a s w i m m i n g b e a c h , a t e n n i s c o u r t a n d p l a y equipment. Plans for the park have been re v i e w e d a n d a p p r o v e d b y t h e developers of Red Rock Ranch. A map showing the park design has b e e n Included. Staff recommends approval of this p r o j e c t a s p e r t h e P l a n n i n g S t a f f R e p o r t s and this supplemental report. BPC:mdd ;i ii TO: FROM: DATE: SUBJECT: MEMORANDUM Planning Commission Barbara Cross, Landscape Architect July 21, 1988 Red Rock Ranch PUD The parks and recreation staff have had many discussions over the p a s t m o n t h s concerning park related issues within the proposed Red Rock R a n c h P U D . Issues that have been addressed are as follows: RED ROCK LAKE PARK Approximately 4 acres of property on the southeast side of Red Ro c k L a k e w i l l be dedicated to the City, for park purposes, in lieu of cash park f e e s f o r t h e first phase development. Facilities within the park have b e e n j o i n t l y established between the City and representatives from the Red Ro c k R a n c h P U D . Facilities will include a boat launch for public access to the l a k e w i t h parking for 6 car/trailer combinations. A picnic shelter and a l a r g e p i c n i c area with mature trees overlooking the lake is also planned. Oth e r f a c i l i t i e s will include a swimming beach, a tennis court and play equipmen t . P l a n s f o r the park have been reviewed and approved by the developers of Red R o c k R a n c h . A map showing the park design has been included. PEDESTRIAN SYSTEMS Sidewalks and trails are another major issue within this develop m e n t . T o b e consistent with other developments, we have required an 8' aspha l t t r a i l o n one side of the major collector street and a 5' concrete sidewalk o n t h e o t h e r side. The pedestrian system has been planned to connect this a n d o t h e r neighborhoods with the proposed park. Two maps are attached; one s h o w i n g t h e proposed pedestrian system within the PUD, and the other sho w i n g t r a i l connections to the surrounding community. A 40' outlot has been r e q u i r e d b y the parks, recreation and natural resources staff for a trail b e t w e e n t w o homes on the north side of the project. Staff feels this is ne c e s s a r y i n order to provide adequate screening from the expected heavy use of t h e t r a i l . BC:mdd anorth Red Rock Lake Park 17? I IV bituminous trail 5. commie sidewalk .1 /n -•°"1 :/AZt7o6TtR aa.. proposed trails--'i existing trails -71 n•n r MEMORANDUM TO: Mike Franzen FROM: Stuart A. Fox, Environmental Services Manager DATE: August 8, 1988 SUBJECT: Tree Loss on Red Rock Ranch Following the Planning Commission meeting of July 25, 1988, I was contacted by John Uban, who inquired if the calculations for projected tree loss on the Red Rock Ranch Subdivision could be recalculated. We discussed the need to provide a 1"=50 scale drawing with proposed lot lines and initial grading and house pad elevations. This information was provided and the following are my observations and calculative results based on their information, which includes several changes from the original plan including: a shift in the road, larger lot sizes at the end of the private road, and custom house details for several wooded lots. Based on this information, I calculated that the tree loss on the site would be a minimum of 25% and more likely, due to final grading associated with the houses and yards, tree loss would be 33%. Again, I would like to stress that these percentages could change if homes other than those shown on the latest plan are built, or if larger house pads are required. I feel that the Developer, Mason Homes, is taking a number of steps to guard against unnecessary tree loss, as evident by the protection detail at the bottom of their latest plans. As we have discussed on a number of occasions, the effectiveness of a developer's tree protection centers on the information being disseminated to the grading contractors, general contractors, home builders and their sub contractors. Hopefully, using their proposed tree protection techniques, this project has the opportunity to do just that- establishing tree protection boundaries and seeing that they are observed. In CD MEMORANDUM TO: Planning Commission FROM: Alan Gray, P. E., City Engineer SUBJECT: Red Rock Ranch DATE: July 22, 1988 The purpose of this memorandum is to discuss the Engineering Division's recommendations for the configuration of the intersection of existing Mitchell Road with the collector road facility through the proposed Red Rock Ranch development and the proposed schedule for the extension of the collector road through Red Rock Ranch to CSAH 01. In April, 1988, the City received a feasibility study prepared by RCM, Inc., for the upgrading of existing Mitchell Road and Research Road easterly and southerly of the proposed Red Rock Ranch subdivision. An analysis of projected traffic volumes was prepared by Benshoof and Associates, Inc. The results of the first traffic analysis were presented in the feasibility study and were the basis of the study's recommendation regarding intersection configurations at existing Mitchell Road and the collector facility proposed through Red Rock Ranch and at the intersection of existing Mitchell Road and Research Road. The initial traffic forecasts were based on the existing traffic volumes on Mitchell and Research Roads, together with proposed development of Red Rock Ranch and other parcels of property lying northerly of CSAH 01. An annual growth rate was applied to existing background traffic for the purpose of projections. We have most recently requested that Benshoof and Associates, Inc., reevaluate the traffic projections for these roadway segments and consider the revised development plan for the Red Rock Ranch area together with data now available from traffic analysis of the Southwest Area of Eden Prairie. The revised traffic volumes are shown on the attached sketch. This revised forecast reflects a reduction in the number of trips originating or terminating in the Red Rock Ranch development due to a reduced density and an increase in traffic traveling through the area from the southwest area of Eden Prairie. The current traffic projections continue to support the conclusions of the original feasibility study. The Engineering Division recommends the intersection configuration shown on the attached drawing since it will minimize turning movements and maintain through traffic continuity for the street segment with the highest projected traffic volumes. As a first phase of development, R. H. Mason, Inc., proposes to construct the first segment of the proposed collector facility through Red Rock Ranch from existing Mitchell Road westerly to the segment of proposed residential street that will connect between the collector facility and the northern loop road. They also propose to construct a portion of the northern loop road together with Streets D and E as shown on the preliminary plat. The remaining segment at the collector facility to CSAH #1 would be constructed in the future. Since this segment of the collector facility will abut and benefit other adjacent properties, it would best be Planning Commission -2- July 22, 1988 implemented as a City project. The proposed schedule would be to proceed with a feasibility study in 1989 and construction in 1990. We would estimate that the project would be finally completed in 1991, with assessments levied that Fall and the first payment due in 1992. Based on current City policy regarding this type of an assessment project, the pay back period would be 20 years. We would further recommend that building permits within the Red Rock Ranch development be limited to approximately 30 prior to the substantial completion of the collector facility to CSAH #1. In the interim period, it is recommended that there be, at minimum, a temporary street connection from the easterly end of the north loop road to the segment of the collector road facility to be constructed initially by the developer. Attachment li 7? tL W ahl, 1JJ UJ•U..1 U./ U. CORRECTION OF SIGHT DISTAIsi PROBLEM T 36 STREET WITH CURB GUTTER, , CUMBERLAND'', •n.. 911%. ,\ 4:th \./ZO'FVURE 4, 36 STREET 1/ 40— CURB & GUTTER ‘04 `.'./ P9C11‘1 i`cEl Y / 32' STREET WITH CURB 11 GUTTE 21 -MEMORANDUM- TO: Planning Commission FROM: Alan D. Gray P.E. City Engineer DATE: June 24, 1988 RE: Red Rock Ranch The purpose of this memo is to provide recommendations for the e x t e n s i o n o f Mitchell Road through the proposed Red Rock Ranch Development to C S A H 1 . T h e City recently had completed a Feasibility Study for improvements t o e x i s t i n g Mitchell Road and Research Road in the vicinity of the propos e d R e d R o c k Ranch Development. As part of the Feasibility Study, traffic projections were p r e p a r e d f o r existing Mitchell Road, Research Road and proposed Spine Road with i n R e d R o c k Ranch. Two alternatives for roadway alignments and intersection configura - tions were considered (see attached Figures 2 and 3). The study concluded that Alternate B was the recommended configuration for the long-t e r m t r a f f i c projections. The intersection configuration shown in Alterna t e B w o u l d minimize turning movements and maintain through traffic continui t y f o r t h e street segments with the highest projected traffic volumes. The traffic volume projections prepared for the Feasibility Study w e r e b a s e d on the land use shown in the original Red Rock Ranch PUD. The current proposal for the Red Rock Ranch Development reflects a lower density d e v e l o p - ment. Revised traffic projections have been prepared based on the curren t l y proposed Red Rock Ranch Development. The revised traffic volume forecast continues to support Alternate B as the preferred intersection conf i g u r a t i o n . It is the recommendation of the Engineering Division that the p r e l i m i n a r y plat for Red Rock Ranch be revised to show an intersection configu r a t i o n o f Spine Road with existing Mitchell Road consistent with Alternate B a t t a c h e d to this memo. As shown on the proposed preliminary plat, the first phase of Re d R o c k R a n c h would result in a very long dead end road network. It would be u n d e s i r a b l e from a public safety prospective to develop the number of resi d e n t i a l l o t s shown in Phase I of Red Rock Ranch without some additional loo p i n g o f t h e initial road network. Therefore it is the recommendation of the E n g i n e e r i n g Division that proposed Spine Road be initially constructed throug h t o c o n n e c t with County Road 1. ADG:ss mu 44040UHRICK. 1•Ir n viumpirarerg. 04. IALTERNATE A 1_ FIGURE NO 2 ROADWAY ALIGNMENT ALTERNATE Rep ROADWAY TO BE ABANDONED / MIN imetti IRON A.! 4 A Iv w•r" rolArt, 2111pwwil.r. 111IL AMEN gs n* 64N111. vai 1.004°,1 Pet 14V - rfrte, 'art 0 *IWO' , -boo' erk:45r 1111 •L* NO SCALE PROACT MO. N31015-1 ALERNATE B FIGURE N3 3 ROADWAY ALIGNMENT ALTERNATE STAFF REPORT TO: Planning Commission FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT/ FEE OWNER: REQUEST: Michael D. Franzen, Senior Planner Chris Enger, Director of Planning June 24, 1988 Red Rock Ranch West of Mitchell Road, east of Red Rock Lake Robert H. Mason 1. Comprehensive Guide Plan Change from Medium Density Residential to Low Density Residential on 9.2 acres. 2. Planned Unit Development Concept Amendment on approximately 150 acres. 3. Planned Unit Development District Review on approximately 52 acres, with waivers. 4. Zoning District Change from Rural to R1-13.5 on approximately 52 acres, with shoreland variances to be reviewed by the Board of Appeals. 5. Preliminary Plat of 150 acres into 62 single family lots, 5 outlots, and road right-of-way. trogr4 Pati •.„ dc'. sustUa Ii Jb VII gat% ;;C4 2,6 I Background This site is guided for both Low Density Residential and Medium Density Residential. Surrounding land uses are guided Open Space to the north, Low Density Residential to the east, Low Density Residential to the south, and Open Space/Red Rock Lake to the west. This site is currently zoned Rural over the entire 150 acres. This 150-acre site has been previously approved in 1983 as the — Red Rock Ranch Planned Unit S, Development for 525 housing units at ! an overall density of 31/2 units per M al "l er I ROCK (Th jiti.3 AREA LOCATION MAP Red Rock Ranch 2 June 24, 1988 acre. The PUD was a mixture of Low and Medium Density Residential, r a n g i n g f r o m 2 to 10 units per acre. Planned Unit Development Concept Amendment The PUD Concept Amendment to the approved 1983 Red Rock Ranch PUD ch a n g e s b o t h t h e land use mix and the number of housing units. The 1983 PUD totalle d 5 2 5 u n i t s , o f which, 407 units were designated as medium density residential housin g a n d 1 1 8 u n i t s were designated for single family housing. The 1988 amended PUD dep i c t s a t o t a l o f 250 units, of which, 88 units would be designated for medium densit y r e s i d e n t i a l , and 162 units would be designated as single family residential. T h e 1 9 8 3 P U D density was 3.5 units per acre. The 1988 PUD is 1.7 units per acre. PUD Impact on Surrunding Uses As a transition to the Low Density guided areas to the south of the s i t e , t h e 1 9 8 3 PUD depicted densities between 2 to 31/2 units per acre. The densitie s p r o p o s e d i n the 1988 PUD would be lower at 1 to 2 units per acre, for Phase II a n d I I I . T h e r e are two areas in the 1988 PUD which will have a greater impact on the a d j o i n i n g L o w Density guided land uses. Proposed Phase IV and V are at a density ra n g e o f 2 t o 6 units per acre. This compares with the approved PUD density of 2 to 3 1 / 2 u n i t s p e r acre. The make-up of the overall PUD has shifted in focus from mos t l y m u l t i p l e family housing to mostly single family housing. If multiple in the P U D i s s t i l l appropriate, then density for Phases IV and V should be 2 to 3.5 units p e r a c r e w i t h the lower density adjacent to the single family areas on the adjoining p r o p e r t i e s . Overall Road Network The 1988 PUD depicts a collector road running through approximately t h e m i d d l e o f the site in a southeast to northeast direction. This roadway will b e a 6 0 - f o o t right-of-way with a 32-foot road surface and a sidewalk and trail on ei t h e r s i d e o f the road. The purpose of this roadway is as a minor residential col l e c t o r w h i c h i s part of an overall city road system. The character and capacity o f t h e r o a d w a y would be similar to Cumberland Road in the Westover area. Based up o n a s t u d y d o n e by a private traffic consultant working for the City, due to the am o u n t o f t r a f f i c that the roadway is to carry, and the trip destination of traffic usi n g t h i s r o a d w a y in a northeasterly direction, the road has been planned as the d o m i n a n t r o a d movement and existing Mitchell Road would "T" into this roadway from t h e s o u t h . T h e proponent does not agree with this and feels that the minor collec t o r s h o u l d " T " into existing Mitchell Road as shown on the proposed plan. The minor collector road in 1983 was to be built in phases, with that p o r t i o n o f t h e roadway serving Phase I to be built with Phase I and the extension to C o u n t y R o a d # 1 to be made after Phase I is constructed. This minor collector road s h o u l d b e b u i l t through this site and connected to County Road #1 concurrent with th e 1 s t P h a s e o f this project for the following reasons: the size of the 1st Phase h a s i n c r e a s e d from 25 to 62 units; these 62 lots would have one point of access; an d , t h e r e w o u l d be a 3,000 foot long cul-de-sac until such time the northern loop roa d i s e x t e n d e d to the east back to Mitchell Road. The proponent does not agree with t h i s a n d f e e l s the road should be phased as originally approved. Street E is an unnecessary cul-de-sac and should be connected back t o t h e m i n o r collector road. There are no steep slopes or trees which would p r o h i b i t t h i s extension from occuring. ExtPnsion of this cul-de-sac also provides a s e c o n d a c c e s s to the lots in Phase I. The developer does not agree with this and fe e l s t h e c u l - de-sac should remain. Red Rock Ranch 3 June 24, 1988 Comprehensive Guide Plan Change A Comprehensive Guide Plan Change is being requested for approximately nine acres of land which is currently guided Medium Density Residential located primarily north of the east/west minor collector road with Phase I of the project. Since the overall PUD is proposed to be amended to include more single family, the land area south of the minor collector road currently guided Medium Density Residential should also be changed to Low Density Residential. Rezoning From Rural to R1-13.5 Phase I of the PUG involves 52 acres and 62 single family units at a density of 1.2 units per acre. All of the lots meet the minimum requirements of the R1-13.5 zoning district. Shoreland Ordinance Red Rock Lake is classified as a Recreational Development Water and provisions of the shoreland ordinance would apply to this project. The shoreland ordinance would require a minimum lot size of 20,000 square feet, a 120-foot lot width at the building setback, a 120-foot lot width at the Ordinary High Water Mark, and a 100- foot minimum setback from the Ordinary High Water Mark of Red Rock Lake. The proposed subdivision meets the minimum lot size and building setback requirements of the shoreland ordinance. However, there are 17 variances requested from the ordinance requirements for 120 feet of lot width at the setback line and 120 feet lot width at the Ordinary High Water Mark. Variances are requested on Lots 12, 13, 14, 18, 21, 22, 23, 25, 26, 30, 31, and 32, Block 2. Variance from the provisions of the shoreland ordinance must be applied for, and reviewed, by the Board of Appeals and Adjustments. According to City Code, variances from strict conformity with the terms of the shoreland ordinance may be granted when such variances are determined to be in the public interest, and where strict enforcement would cause undue hardship because of circumstances unique to the individual's property under consideration. Hardship is defined as a situation where the property cannot be put to any reasonable use under the conditions that are allowed by the regulations of the shoreland ordinance. Sloped Ground Review Since the site has slopes over 12% And an elevation difference of 30 feet or more, a sloped ground review is required per City Code. A permit must be obtained through the City Council with review from the Planning Commission and the Parks, Recreation, and Natural Resources Commission as to whether the permit should be issued or denied. The Planning Commission review of the project shall be based upon the following factors: 1. Whether, and the degree to which, the proposed development will cause and/or be affected by erosion problems. 2. Whether any structures erected as part of the development will have adequate foundation and underlying material. 3. Whether, and the degree to which, the development will alter vegetation, topography, or other natural features of the land. 4. Any other factors relating to whether the proposed development will cause any risk of harm to any persons, properties, or animals. ly6 Red Rock Ranch 4 June 24, 1988 Planned Unit Development Waivers The project will require that the City grant a waiver for use of a private road to provide access to Lots 16 through 23, Block 2. An alternative to the private road would be a public road with fewer, larger, lots on the wooded point. The Commission must decide if the granting of the waiver of the City Code requiring a public road would result in a better environmentally designed subdivision for the City than if no waiver is granted at all. Grading and Tree Loss The overall grading plan depicts the grading required to implement the subdivision whether house pads would be graded with the roadway or on a lot by lot basis. Although the building pads proposed by the developer are shown at 50 feet in depth, only one of five typical plans proposed for this subdivision are 50 feet or less. The other homes range from 54 feet to 64 feet. In addition, past experience has shown that house sizes on similar projects with steep slopes, woods, and comparable densities, average 65 feet in depth for garage, building, and decking. Using past experience as a guide, an 80-foot grading limit from the front of the house is neces ,:ary to accommodate the types of houses expected to be built. The extra 15 feet is typically used as a level area or to chase grade down slope to a point where proposed grades meet natural grades. Using this 80-foot grading limit, it can be estimated that 50% of the 8,556 caliper inches of significant trees (mostly oak) would be lost due to construction. A 50% tree loss is high, compared to a 27% average tree loss for 20 single family subdivisions approved with tree replacement. There are several alternative ways to save more trees on-site including: 1. Shift the northern loop road approximately 50 feet to the south. This would be similar to the revision in the site plan for the Creekview project such that the road and the building pads were shifted out of the edge of the woods to the top of the slope. 2. Require that the project develop in compliance with the provisions of the shoreland ordinance. This may result in fewer lots and fewer house pads along the lake's edge, leaving more room between units to save trees in the side yards. 3. Require that all lots along the lake and the wooded areas be developed for R1-44 lots. The purpose of this 1-acre minimum lot district per Code is to reserve appropriately located areas for single family living on large lots where vegetation, slopes, water bodies, or other significant natural features are best preserved through large lot development. 4. Require that all lots have access off a public road and develop in compliance with the shoreland management ordinance. This may result in larger lots along the point. 5. A combination of any or all of the above. Iri(1 Red Rock Ranch 5 June 24, 1988 Airport Clear Zones The project has been reviewed with regard to the Airport Clear Zones of Flying Cloud Airport. This site does not fall within any of the Aircraft Noise Zones. Park Dedication and Trails This project has been reviewed by the Parks, Recreation, and Natural Resources Department Staff. It is recommended that an 8-foot wide bituminous bike path, and a 5-foot wide concrete sidewalk be along the minor collector road through this site. A 5-foot wide concrete sidewalk will also be required along both sides of Street "C" and along the western and northern side of the northern loop road. In addition, a 5-foot wide concrete sidewalk is required and should be placed within a 40-foot outlot between Lots 11 and 12, Block 2, to provide access into City park property and a trail system to the north of the project. The proponent will agree to provide an outlot if the City would allow lots along the lake to be smaller to compensate for the loss of land dedicated for the trail. Conclusions The impacts of the proposed development on the sites natural features are high. With a tree loss of 50% it seems inappropriate to consider variances from the shoreland ordinance or a waiver from the City Code for a private road. Assuming a hardship case could be made by the proponent, reducing tree loss may be one of several mitigating measures. The Staff Report suggests several ways to modify the site plan to save more trees. The minor collector road extension through the site is a necessary part of an overall road system which not only benefits this site but the City as well Construction of this road with Phase I plus changing Street "E" to a through street is necessary for the City to provide good access, circulation, and proper emergency access for police and fire for the future residents. STAFF RECOMMENDATIONS The Staff presents the following alternative courses of action for consideration by the Planning Commission: I. If the Planning Commission feels that the site plan, as proposed, represents the best site plan for the property, and that the requested waiver through the PUD for lots not having frontage on a public street and that the 17 variances from the shoreland ordinances are reasonable and based upon hardship, then one option would be to recommend approval of the plans as submitted. If the Planning Commission is comfortable with the general layout and land uses proposed in the project, but are uncomfortable with the impacts of the site plan including road phasing, access, road location, grading on steep slopes, transition, and tree loss, then one option would be to return the development plans to the proponent for revisions which reduces these impacts. These revisions include, but are not limited to, the following: A. Revise the phasing plan to extend the minor collector from existing Mitchell Road to County Road #1 concurrent with Phase I. Red Rock Ranch 6 June 24, 1988 B. Revise Street E from a cul-de-sac to a through street. C. Reduce the density in the multiple family areas in Phases 4 & 5 t o 2 to 3.5 units/acre. D. Reduce tree loss to 27%. E. Revise the site plan to depict the minor collector as the domina n t road movement with existing Mitchell Road from the south to "1' i n t o this road. If the Planning Commission is uncomfortable with revisions in t h e P U D a s proposed and that the impacts upon the natural environment ar e h i g h , t h e n one option would be to recommend denial of the project as propose d . Staff recommends Alternative II. I n/ AREA LOCATION MAP STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning DATE: July 22, 1988 PROJECT: Red Rock Ranch LOCATION: West of Mitchell Road, east of Red Rock Lake APPLICANT/ FEE OWNER: Robert H. Mason REQUEST: 1. A Comprehensive Guide Plan Change from Medium De n s i t y Residential to Low Density Residential on 9.2 acres. 2. Planned Unit Development Concept Amendment approximate l y 1 5 0 acres. 3. Planned Unit Development District Review on approximat e l y 5 2 acres with waivers. 4. Zoning District Change from Rural to R1-13.5 on approximately 52 acres, with shoreland variances t o b e reviewed by the Board of Appeals. 5. Preliminary Plat of 150 acres into 62 single family lot s , 5 outlots and road right-of-way. Background This is a continued item from the June 24, 1988 Planning Commission meeting. The Planning Commission recommended that the development plans be returned to the proponent for the following revisions as identified in the June 24, 1988, Staff Report including: 1. Reduce the tree loss to 27%. 2. Revise Street "E" from a cul-de-sac to a through street. 3. Reduce the density in the multiple family areas in Phases 4 and 5 to 2.5 to 3.5 units per acre. Red Rock Ranch 2 July 22, 1988 4. Revise the site plan to depict the minor collector as the do m i n a n t r o a d movement with existing Mitchell Road from the south to "1" into t h i s r o a d . 5. Revise the phasing plan to extend the minor collector from existi n g M i t c h e l l Road to County Road #1 concurrent with Phase 1. Site Plan Revisions There are two site plan revisions. The number of units in Phas e I h a s b e e n r e d u c e d from 62 to 61 units. A 40 foot outlot between Lots 10 and 11 i s p r o v i d e d f o r a trail connection from the subdivision to City property the north. Tree Loss The previous staff report identified a 50% tree loss which was h i g h i n c o m p a r i s o n t o a 27% average tree loss for 20 single family subdivision s a p p r o v e d w i t h t r e e replacement. Most of the trees that would be lost due to cons t r u c t i o n w o u l d b e o a k trees. The removal of one lot from the point, a 30 foot shift o f t h e c u l - d e - s a c o n the point to the south, and reconfigured lot lines for lots o n t h e p r i v a t e r o a d , saves 555 additional caliper inches of trees. This would re d u c e t h e t r e e l o s s t o 44% or 3,765 inches. If this amount of tree loss is acce p t a b l e , t h e n a t r e e replacement plan for 2,721 caliper inches could be a mitigating m e a s u r e . The developer believes that tree loss will be 1,575 inches o r 1 8 % d u e t o c a r e f u l site planning and the size of homes they expect to build. I f t h e C o m m i s s i o n i s comfortable with a 44% maximum tree loss, replacement of tree s c o u l d b e h a n d l e d i n the following way: 1. The developer would bond and replace those trees lost (based o n c u r r e n t plan) within the house pads and due to road construction. This w o u l d b e a tree loss of 18%. Bonding and tree replacement would be requir e d f o r 1 , 1 1 5 inches. 2. The developer would also bond only for the additional trees e x p e c t e d l o s t due to construction practices within the grading limits def i n e d b y S t a f f . This would be a potential 26% tree loss or 1,605 inches. Af t e r h o m e s a r e constructed, if it is determined by the City that addition a l t r e e s w i l l survive, then credit would be given and the bond amount subsequently reduced. If it is determined that trees will not survive, th e n t h e y w o u l d be replaccd. The inspection would be done on a yearly basis b y t h e C i t y Forrester. The developer disagrees with the bonding requirement for tr e e r e p l a c e m e n t a n d proposes private covenants on the unwooded lots to guarantee rep l a c e m e n t . W h i l e t h e planting of 20 inches per unwooded lot in the PUD would tota l 2 , 8 4 0 i n c h e s a n d exceed tree replacement of 2,721 inches at a 44% tree loss, pr i v a t e c o v e n a n t s c a n n o t be enforced by the City. Since the developer is concerned wit h t h e c o s t o f b o n d i n g , and bonding is required prior to final plat release, bondin g a n d t r e e r e p l a c m e n t could be phased, thus minimizing up front capital outlay. Pha s i n g h a s b e e n u s e d o n other residential projects such as Timber Creek, Welters P u r g a t o r y A c r e s , a n d Creekview. Staff did suggest the following ways the site plan could be m o d i f i e d t o s a v e m o r e trees on site at a meeting at the City Hall on July 6, 1988: 119(,) Red Rock Ranch 3 July 22, 1988 1. All lots on the private road should be one acre minimum lot sizes. 2. Shift the northern loop road 50 feet to the south. If this would result in lot size variances, the saving of trees could be a tradeoff and would be supported by Staff. A fifty foot shift in the grading limits could save 1,000 additional caliper inches of trees and reduce tree loss to 31%. Cul-de-sac Versus d Through Street Although there are no topographic or vegetative reasons for keeping the cul-de-sac, the cul-de-sac could provide a more efficient lotting pattern. In addition, the northern loop road will eventually connect back to Mitchell Road. Providing a temporary connection back to the collector road (as previously suggested by the developer) would provide an immediate short term solution for a second emergeny vehicle access. The minor collector as recommended by Staff could be phased with the 2nd phase to be built in 1990. For these reasons, Street E could remain a cul- de-sac. Reduce the Density in the Multiple Family Areas in Phases 4 and 5 to 2.5 to 3.5 Units Per Acre The reduction in density is necessary to provide an appropriate transition to adjoining the single family uses to the south. The site plan has not been revised to reflect these density recommendations. Intersection Design for Minor Collector Road and Mitchell Road The attached memorandum from the Engineering Department indicates that this intersection should be designed with the minor collector road as the dominant road movement with Mitchell Road from the south to "T" into this road. Development Phasing and the Minor Collector Road Extension from Mitchell Road to County Road il The developer does not disagree with the extention or the location of the collector road, but is concerned about the timing and the cost for the construction of the road. The Engineering memo indicates that the collector road could be constructed in phases predicated on the following conditions: 1. Limiting the size of Phase 1 to 30 units. 2. Provide a temporary connection between the northern loop road and the minor collector road for emergency vehicle access. 3. Petition the City for the 2nd portion of the roadway to County Road #1. 4. Construction of the 2nd phase to begin in 1990. Shoreline Management Ordinance The previous site plan had 17 variances from the Shoreland Ordinance. With the removal of one lot on the point and a reconfiguration of the lot lines, only two 1r) 1 . Red Rock Ranch 4 July 22, 1988 lots adjacent to the proposed City Park ( proposed Lots 30 and 31) would require variances for lot width less than 120 feet at the high water mark. Larger lots on the point preserves more of the existing natural features than the previous plan. Lots 30 and 31 do not have any significant trees. Lots on the point on the private road are approximately 39,000 square feet. The average shoreland lot size is 35,200 feet. All shoreland lots are greater than the 20,000 square foot minimum requirement. Planned Unit Development Waivers The project requires a waiver for a private road to provide access to lots along the point. The Planning Commission must decide if the granting of the waiver for private road would result in a better environmentally designed subdivision for the City than if no waiver is granted at all. Commission may wish to consider the larger lots on the point (39,000 square foot average) and saving of 555 inches of additional trees as a trade-off. Guide Plan Change Since the over all PUD is proposed to be ammended to include more single family, the land area south of the minor collector road currently guided Medium Density Residential should also be changed to Low Density Residential. If the Planning Commission decides in favor of the project, it would appropriate to recommend approval of this guide plan change to the City Council. Since the guide plan change for the land area south of the minor collector road was not applied for or published, this will have to be re-published for the City Council meeting. A legal description will be necessary for the land area to be reguided. Conclusions The change in site plan on the wooded point is positive in two ways. One, the number of shoreland variances has been reduced from 17 to 2. Two, an additional 555 inches of trees can be saved reducing overall tree loss to 44%. Overall tree loss is high compared with a 27% average tree loss for 20 prior single family subdivisions approved with tree replacement. If the Commission is comfortable with a 44% tree loss, tree replacement for 2,721 inches could be a mitigating measure. If not, the alternative would be to shift the northern loop road to the south to reduce tree loss to 31%. Phase one should be limited to 30 housing units. The 2nd portion of the minor collector should be under construction in 1990. Phase one should provide a temporary emergency vehicle access between the northern loop road and the minor collector road. The intersection at Mitchell Road should be designed with the collector as the dominant road movement with Mitchell Road to "T" into from the south. Staff Recommendations The Staff presents the following alternative courses of action for consideration by the Planning Commission: I. If the Planning Commission feels that the site plan as proposed with revision is acceptable, and that the PUD waiver for a private road and that Red Rock Ranch 5 July 22, 1988 the variances from the Shoreland Ordinances are reasonable, t h e n o n e o p t i o n would be to recommend approval of the plans as submitted s u b j e c t t o t h e recommendations in the staff reports dated June 24, 1988 and J u l y 2 2 , 1 9 8 8 , and subject to the following conditions: A. Prior to City Council review the proponent shall: 1. Submit a tree replacement plan based on a 44% tree loss or 2,721 caliper inches. 2. Submit revised preliminary plat and grading plan depicting plan changes as shown on the sketch plan. 3. Revise the intersection design at Mitchell Road so that the collector road is the dominant road movement with Mitchel l Road to "T" into from the south. 4. Revise the plan to indicate all sidewalks and trails according to the Parks and Recreation memo. 5. Revise the concept plan to reduce densities in the multiple family areas to 2-3.5 units/acre. B. Prior to final plat approval the proponent shall: 1. Submit detailed storm water run-off utility plans and erosion control plans for review by the City Engineer. 2. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. 3. Provide a bond for 2,721 inches of tree replacement prior to release of the final plat. C. Prior to building permit issuance proponent shall: 1. Notify the City and Watershed District at 48 hours in advance of grading. 2. Stake the proposed construction limits with a snow fence. Any trees lost outside of the construction limits shall be replaced based on an area inch per area inch basis. 3. Pay the appropriate Cash Park Fee. D. Concurrent with street construction, construct an 8 foo t w i d e bituminous path and a 5 foot wide concrete sidewalk along th e m i n o r collector road to the site. Five foot wide concrete sidewal k w o u l d be built along both sides of the Street C, and along the weste r n a n d northern loop road. A 5 foot wide concrete sidewalk sho u l d b e placed within the 40 foot outlot between Lots 11 and 12 of Bl o c k 2 . E. Dedicate to the City free and clear of all liens, encumberance s , a n d mortagages, the 40 foot outlot for the trail. Red Rock Ranch 6 July 22, 1988 F. Phase 1 for the project would be limited to 30 housing units. G. Receive Board of Appeals approval for the shoreland variances. H. The 2nd portion of the minor collector road (extension to County Road #1) to be under construction in 1990. If the Planning Commission feels that the revisions in the site plan are not acceptable, that the impacts on the natural features are high, that the variances from Shoreland Ordinance, and the waiver for the private road have not been justified or mitigated, then one option would be to recommend denial of the project. Eden Prainc Planning Commisston Mccnng Minu i c s July 25, 1988 Page 3 D. RED ROCK RANCH by Robert H. Mason Homes, i n c . R e q u e s t f o r C o m p r e h e n s i v e G u i d e Plan Change from Medium Density Residential to Lo w D e n s i t y R e s i d e n t i a l o n 9 . 2 a c r e s , P l a n n e d Unit Development Concept Amendment on approxim a t e l y 1 5 0 a c r e s , P l a n n e d U n i t Development District Review on approximately 52 acr e s w i t h w a i v e r s a n d Z o n i n g D i s t r i c t C h a g n e from Rural to R1-13.5 on approximately 52 acres with S h o r e l a n d v a r i a n c e s t o b e r e v i e w e d b y t h e Board of Appeals, Preliminary Platting of 150 acres i n t o 6 2 s i n g l e f a m i l y l o t s , 5 o u t l o t s a n d r o a d right-of-way. Location: West of Mitchell Road, east o f R e d R o c k L a k e . A c o n t i n u e d p u b l i c hearing. Franzen summarized the issues in the Staff Report re l a t i v e t o t r e e l o s s , d e n s i t y a n d r o a d s . F r a n z e n addressed the tree loss issue and indicated that dev e l o p e r e s t i m a t e d a 1 8 % l o s s w h i l e t h e S t a l l estimates 44%. Staff recommended that developer b o n d a n d r e p l a c e t h o s e t r e e s l o s t w i t h i n t h e house pads and due to road construction, which w o u l d b e t h e 1 8 % ; a n d d e v e l o p e r w o u l d b o n d f o r the additional trees expected to be lost due to the c o n s t r u c t i o n p r a c t i c e s w i t h i n t h e g r a d i n g l i m i t s , which would be a potential 26%. He continued that a l t e r t h e h o m e s a r e c o m p l e t e d , i t w o u l d b e determined by the City Forester what trees would s u r v i v e , t h e n c r e d i t w o u l d be given and the bond amount reduced; or if determined the trees would n o t s u r v i v e , t h e n t h e y w o u l d b e r e p l a c e d . Regarding density, there should be a transition betw e e n t h e m u l t i p l e a r e a s a n d s i n g l e f a m i l y h o m e s hien Praine Planning Commission Meeting Minutes July 25, 19S8 Page 4 in Phase #4 & #5. The collector road could be phased and assessed over a 20 year period. The intersection at existing Mitchell Road should be designed as recommended by the City Engineer. Randy Travalia, President of Robert H. Mason Homes, presented and reviewed the history of the land and reputation of the company. He stated they would be sensitive to the wooded areas and create new wooded areas with $2000 worth of shade trees placed on each lot that is not wooded. John Uban, representative of the proponent, presented the technical aspects of the project. The road design developed by proponent would eliminate free flow through the development. An aerial photograph was presented to show the surrounding area and the need for the extension of Mitchell Road. Proponent feels a T-connection of the minor collector into existing Mitchell Road would handle the traffic in the development. Anderson and Fell questioned the proposed Mitchell Road extension. Alan Gray, City Engineer, responded that the developer proposes the collector road from existing Mitchell Road westerly to the proposed residential street that would connect between the collector and the northern loop road. They also proposed to construct a portion of the northern loop road together with Streets D and E as shown on the preliminary plat. He added that the minor collector should be the dominant road movement with existing Mitchell Road to "T" into from the south. The design was based on traffic numbers and trip destination. The minor collector could be built in phases with Phase #2 to be built in 1990. Assessments would be over 20 years. Ruebling inquired about temporary road. Uban indicated that a temporary road was necessary until access through the Seivert property was possible. Proponent was confident that Seivert would eventually sell. Travalia expounded on the road and indicated minimal grading would occur which creates natural lot buffers and elevations allowing walkout lots. Anderson inquired of Staffs position on the collector road. Alan Gray, City Engineer, stated he was concerned with the safety, impact of the speed of traffic, and the amount of traffic in the area. He recommended a 32 ft. width road. He also was concerned about future development to the southwest and the traffic it would generate which would also use this collector road. He added that the road is an overall City benefit not just for this project. He stated that even if the intersection was built the way the developer wanted it would not decrease traffic in the Red Rock project. Bye indicated that Commission needed to balance the needs for all of Eden Prairie, and the road Should be built as recommended by Staff. No public comments were received. Anderson inquired how Staff and Proponent could be so widely separated on tree loss from 18% to 44%. Franzen stated that tree loss is determined by loss due to roads and house pads that are physically removed and trees that may die later due to construction damage within the drip lines of the trees. Staff looked at a 110 foot grading limit from the right of way as where trees would be lost. This limit is based on past experience, with large houses on large lots, reviewing what was built versus what was proposed. The developer is proposing smaller grading limits than what past experience has shown grading limits are for large custom homes. Anderson stated that if the Commission passed this with a 44% tree loss a precedent would be set. He also inquired what the time limit would be for the inspection of the trees. Franzen responded that City Forester would visit the site one year after completion of the home and determine what trees wou'd survive and/or die. &len Praine Planning commission Meeting Minutes July 25, 1988 Page 5 Dodge indicated she was not in favor of tree replacement at a 44% tree loss. Franzen introduced discussion on the density issue for the area in Phases 4 and 5 to 2.5-3.5 u n i t s per acre. He continued that this reduction would be an'appropriate transition to the adjoining si n g l e family land use. Travalia stated that multiple-family homes were an anticipated and use not a proposed project. B y e then inquired why Commission was discussing the density issue. Franzen explained that developer was asking for zoning and platting for Phase #1 and concept approval for 250 units on 150 acres. Since this is the request as published, the entire concept w a s reviewed in the Staff Report. Therefore if PUD approval is granted, the concept plan would chan g e from 525 units (mostly multiple) to 250 units (mostly single family). If the PUD is amended in this manner, the guide plan should also be changed to low density residential south of the collector road. Uban stated that they would be lowering the density in the area versus the approved PUD density level of 4-1/2 units per acre. Franzen replied that present PUD density overall is lower but adjacen t to the single family areas it is higher. If the density immediately adjacent to single family is 2-3.5 un i t s per acre with up to 6 units per cre within the proposed multiple for Phase #4, that would be acceptable to Staff. For Phase #5 it should be 2-3.5 units per cre. Ruebling stated he did not want to the City locked into a density that would be higher than wha t w a s recommended by Staff at 1 to 3-1/2 units per acre. Ruebling was comfortable with Staff Report, street E as a through street, the private road, and Staff configuration for road intersection at Mitchell and phasing of collector road to County Road 1. If 44% tree loss can be resolved, protect would be recommended. MOTION 1: Motion was made by Dodge and seconded by Anderson to close the public hearing. Motion carried 5-0-0 MOTION 2: Motion was made by Dodge and seconded by Anderson to recommend to the City Council denial of the request of Robert H. Mason Homes, Inc., for Comprehensive Guide Plan Amendment fro m Medium Density Residential to Low Density Residential on 9.2 acres for Red Rock Ranch, due t o t h e 44% tree loss. Motion carried 5-0-0 Bye concluded that if the tree loss can be handled In a better manner, the project would be supported according to Staff recommendations for collector road design, road phasing, street E as a through street and use of a private road. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-175 A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and, WHEREAS, the proposal of Lavonne Industrial Park Partnership IV, for development of Lavonne Industrial Park Building IV, for Industrial use requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eden Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: approximately 4.64 acres located south of Edenvale Boulevard be modified from Low Density Residential to Industrial. ADOPTED by the City Council of Eden Prairie this 16th day of August, 1988. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-176 A RESOLUTION APPROVING THE LAVONNE INDUSTRIAL PARK BUILDING IV PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT TO THE EDEN PRAIRIE INDUSTRIAL PARK PARTNERSHIP PLANNED UNIT DEVELOPMENT WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) of certain areas located within the City; and, WHEREAS, the Lavonne Industrial Park Building IV development is considered a proper amendment to the overall Eden Prairie Industrial Park Partnerhsip Planned Unit Development Concept; and, WHEREAS, the City Planning Commission did conduct a public hearing on the request of Lavonne Industrial Park Partnership IV for PUD Concept Amendment approval to the overall Eden Prairie Industrial Park Partnership Planned Unit Development Concept for the Lavonne Industrial Park Building IV development and recommended approval of the PUD Concept Amendment to the City Council; and, WHEREAS, the City Council did consider the request on August 16, 1988; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The Lavonne Industrial Park Building IV development PUD Concept Amendment, being in Hennepin County, Minnesota, and legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept Amendment approval to the overall Eden Prairie Industrial Park Partnership Planned Unit Development Concept as outlined in the application materials for Prairie Courts. 3. That the PUD Concept Amendment meets the recommendations of the Planning Commission dated July 22, 1988. ADOPTED by the City Council of Eden Prairie this 16th day of August, 1988. Gary D. Peterson, Mayor ATTEST: CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #88-177 RESOLUTION APPROVING THE PRELIMINARY PLAT OF LAVONNE INDUSTRIAL PARK BUILDING IV FOR LAVONNE INDUSTRIAL PARK PARTNERSHIP IV BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Lavonne Industrial Park Building IV for Lavonne Industrial Park Partnership IV, dated August 11, 1988, consisting of 7.66 acres into one lot and one outlot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 16th day of August, 1988. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk /9o:i MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: Mayor and City Council Scott A. Kipp, Assistant Planner Chris Enger, Director of Planning August 11, 1988 LAVONNE INDUSTRIAL PARK BUILDING IV At the July 25, 1988, Planning Commission meeting, the LaVonne Industrial Park Building IV was reviewed and recommended for approval subject to the proponents revising the site plan to address neighborhood concerns. The areas of revision regard the screening of parking from the south, adjusting of the site plan to preserve the existing vegetation, and the reduction of the residential rezoning request from two lots down to one. The Planning Commission also requested Staff to review the access needs for the residential lot and whether a cul-de-sac should be constructed or a private driveway. Review of the revised plans indicate the following changes: 1) The site plan has been shifted further to the north, and the south parking area modified to preserve the existing tree line. 2) Thirteen parking spaces have been removed and additional planting islands added to provide screening for the residence from the south, as requested by the neighborhood and Planning Commission. A waiver for parking from 170 spaces to 157 spaces will be necessary through the PUD. Staff recommends that the evergreens not be located directly on the planting islands because of their future growth spread, and should be located along the rear of the site. Shade trees would accommodate the planting islands better. 3) The proponent has provided a screening fence to run along the east and south sides of the project. Based on site line criteria from the homes to the east, this fence will not provide adequate screening, and supplemented evergreens will be necessary in that area. In addition, the Staff Report recommended that the screening fence also be located along the rear of the single family lot together with the evergreen plantings as proposed. The proponent will need to revise the plan. 4) The height of the buildings have been adjusted to meet the same proposed rooftop elevation as the PUD Concept for this site of 927. 5) The proposed scenic easeent area includes additional area on the east side of the single family lot to protect additional vegetation. 6) Permission to grade within railraod right-of-way has been granted to the proponents from the Chicago and Northwestern Railroad. Staff has reviewed the feasibility for completion of a cul-de-sac at the end of Canterbury Lane to access the proposed single family lot and has determ i n e d t h a t a private driveway would better serve the area. Because of the limi t e d n u m b e r o f homes on the existing extension of Canterbury Lane and the fact that o n l y o n e h o m e will be constructed at the end of this extension, a cul-de-sac would u s e u p m u c h o f the proposed lot and cause the loss of additional vegetation. With these changes in mind, including the required revisions as indi c a t e d i n t h i s memo, Staff would recommend approval. STAFF REPORT Background Planning Commission Scott A. Kipp, Assistant Planner Chris Enger, Director of Planning July 22, 1988 LaVonne Industrial Park Building IV South of Edenvale Boulevard, East of the Chicago and Northwestern Railway LaVonne Industrial Park Partnership IV Norman Undestad and Mary Bury Jordal 1. Comprehensive Guide Plan Amendment from Low Density Residential to Industrial on 4.53 acres. 2. Planned Unit Development Concept Ammendment on approximately 33 acres. 3. Planned Unit Development District Review on approximately 33 acres with waivers. 4. Zoning District Amendment within the 1-2 Zoning District on 4.53 acres. 5. Zoning District Change from Rural to 1-2 on 0.41 acres and from Rural to R1-13.5 on 1 acre. 6. Preliminary Plat of 7.66 acres into one lot and one outlot. AV 1/ 1 , TO: FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT: FEE OWNER: REQUEST: The majority of this site is part of a 32 acre Planned Unit Development (P.U.D.) approved in 1982. As part of that approval, the proponents are required to return to the Planning Commission and City Council for review of specific site plans for development. The PUD concept ap- proval for this site is for an industrial use, and all but a small portion of the property is zoned I- 2, however the Guide Plan still reflects a low density residential land use. As part of the PUD approval, a 250 foot green belt to the south and a 75 foot green belt to the west was required to be preserved as part of any development on this lot. AREA LOCATION MAP LaVonne Industrial Park IV 2 July 22, 1988 PUD Concept Amendment The original PUD concept approval was for a 39,000 square fo o t i n d u s t r i a l b u i l d i n g on 4.75 acres at an 18% Floor Area Ratio (F.A.R.). The cur r e n t r e q u e s t i n c l u d e s 1.95 additional acres to the west. The current request is for 6 0 , 0 0 0 s q u a r e f e e t o f industrial use in two buildings on 6.7 acres at a 20% F.A . R . I n a d d i t i o n , t h e concept amendment includes the development of two single fa m i l y l o t s o n p r o p o s e d Outlot A lying north of Canterbury Lane. The proponents wish t o r e z o n e t h e o u t l o t to R1-13.5 based on conceptual plans, and plat the property a t a f u t u r e d a t e . A l l green belt areas are to be maintained as previously demonstrate d . Guide Plan Change The Comprehensive Guide Plan depicts a low density residential u s e f o r t h i s p r o p e r t y lying south of Edenvale Boulevard. However, since an indu s t r i a l l a n d u s e w a s anticipated through the PUD concept approval in 1982 and the pr o p e r t y z o n e d 1 - 2 , d u e to its relative closeness to Edenvale Boulevard and the rai l r o a d , t h e p r o p e r t y warrants an industrial land use. Proposed Outlot A will st i l l r e m a i n i n a l o w density residential land use designation, as will the 250 foot g r e e n b e l t b u f f e r . Site Plan/Preliminary Plat The site plan depicts the construction of 60,000 square feet of i n d u s t r i a l l a n d u s e in two buildings on 6.7 acres at an 20% F.A.R. City Code wou l d a l l o w u p t o a 3 0 % F.A.R. in the 1-2 Zoning District. A total of 170 parking spa c e s a r e r e q u i r e d f o r these structures based on one third office, one third manufact u r i n g , a n d o n e t h i r d warehouse use. The site plan shows 170 spaces. The original concept plan required a waiver from a 50 foot fr o n t y a r d s e t b a c k t o parking to 25 as a trade-off for the 250 foot and 75 foot green b e l t b e i n g p r o v i d e d on the south and east sides of the lot. A 25' front yard s e t b a c k w a i v e r i s requested through the PUD. In addition, a waiver for a zer o l o t l i n e s e t b a c k t o parking for a portion of the west and south parking area i s r e q u e s t e d . T h e s e waivers may have merit due to the amount of preservation are a o c c u p y i n g t h e s i t e , and the large setbacks from the residential land uses to the s o u t h a n d e a s t . Details have been provided for the development of proposed Ou t l o t A i n t o t w o s i n g l e family lots with the completion of a cul-de-sac at the end of C a n t e r b u r y L a n e . E a c h lot is approximately 16,900 square feet with a total density o f 2 u n i t s p e r a c r e , the Guide Plan would allow up to 2.5 units per acre. A re z o n i n g t o R 1 - 1 3 . 5 i s requested to demonstrate to the neighborhood that the proper t y w i l l b e d e v e l o p e d into a single family land use at a future date. When the r e s i d e n t i a l l o t s a r e developed, the proponents will need to work with Hennepin Cou n t y o n t h e l o c a t i o n o f the cul-de-sac, since a portion of the cul-de-sac right-of-way i s o n C o u n t y p r o p e r t y just to the west of the single family lots. Preliminary plat approval is requested on 7.66 acres into on e l o t a n d o n e o u t l o t . The 250 foot green belt area will be placed into a scenic e a s e m e n t w h i c h w i l l b e recorded at Hennepin County prior to any building permit issu a n c e . A s p a r t o f t h e preliminary plat approval some drainage and utility easeme n t s w i l l n e e d t o b e vacated in addition to a small portion of the Edenvale Bou l e v a r d r i g h t - o f - w a y . Engineering Staff has indicated that this vacation can be accom p l i s h e d . itY,0 LaVonne Industrial Park IV 3 July 22, 1988 Grading and Drainage Existing topography for this property varies significantly from a high point of 950 near the southwest corner of proposed Outlot A to an elevation of 906 near the northeast corner of proposed Lot 1. A building pad area has previously been established for Lot 1 through the original PUD approval. The neighboring site to the west is at a much higher elevation than the proposed elevation for Lot 1. The grading plan indicates a cut on the westerly property up to 30' near the southwest corner in order to create a level parking lot elevation of 910. The two future residential lots lying to the south of the proposed buildings will remain at a higher elevation and will require the construction of a two tiered retaining wall in order to match the grade of the industrial lot. Prior to City Council review, the proponent will be required to submit more detailed information regarding the design of these retaining walls for review. The proponent will be required to construct these retaining walls concurrent with the construction of the industrial buildings. Proposed grading removes 142 caliper inches of oak trees near the border of the 250' green belt which is proposed to be preserved. Since this 250' green belt was previously approved as a transition zone to the residential properties to the south, the plans should be revised to prevent any trees from being removed from this green belt. This may be accomplished by accurately reflecting a 25' front yard setback, thus shifting the site plan further out of the trees, lowering of the parking lot grade, and the installation of small section of retaining wall in order to prevent grading within the tree line. Prior to City Council review, the proponent shall submit a detailed grading plan which demonstrates the protection of all existing vegetation within the 250' green belt buffer area. The grading plan also depicts the alteration of topography within the railroad right-of-way. The railroad and has indicated that there will be no problem with the proposed grading. The railroad will require a bond for protection of the property during construction (See attached correspondence). Prior to issuance of any grading permit for this property, the proponent shall cap all existing wells on site and remove any existing septic systems. An on-site storm sewer system is being proposed which will drain into a 21" storm sewer across from Edenvale Boulevard. When the future development of the two residential lots take place, an additional storm sewer will be constructed which will tie into the on-site storm sewer system fur the industrial buildings. Since the parking lot elevation will be slightly higher than the existing grade at the southeast corner of the building, a small portion of property will not have proper drainage. In order to correct this situation, a culvert should be installed which ties into the invert elevation of the catch basin at that corner to provide positive drainage. The overall storm sewer system also includes an existing 50" storm sewer inlet at the east property line to provide positive drainage for the rear yards of the abutting residential lots. Utilities Sanitary sewer and water are available to this site. A looped water main system is being provided with connection to a 12" line located in Edenvale Boulevard which also runs along the western property line up through Canterbury Lane. Sanitary sewer will be connected to a 6" line within Edenvale Boulevard. The two residential LaVonne Industrial Park IV 4 July 22, 1988 lots within proposed Outlot A will connect to sanitary sewer and water within Canterbury Lane. Screening/Landscaping A minimum of 180 caliper inches will be required for this site based on the City's landscaping ordinance. The landscape plan depicts 263 caliper inches. Since the project proposes to utilize a 25 front yard setback, adequate berming height to screen parking will not be possible, therefore, additional landscaping will be necessary to provide the necessary screening. The original concept approval depicted 3:1 berming, additional evergreen planting, and a 6 foot high staggered wood screening fence which extended to the exisiting tree line for screening of views from the adjoining single family homes to the east (Attachment A). The proposed landscaping does not provide for addtional berming or the extension of the wood screening fence. Staff would recommend that the plan be revised in conformance with the previously approved plan. There is a landscape buffering plan for the proposed single family houses within Outlot A. In order to provide the maximum screening of the industrial land use, the screening fence should be continued within this area as well. The screening fence and landscaping will be required to be installed concurrent with the construction of the industrial buildings. Architecture The two 17' single story structures are proposed to be constructed with precast concrete panels, spandrel glass entrance canopies, and glass. City Code requires that any precast concrete unit be integrally treated with an applied decorative material or texture. Prior to City Council review, the proponent shall verify consistency with City Code for building material. All loading areas for the structures will be located between the two structures with limited views from the west and east. The plan depicts a wing wall to help downplay the views into the loading area from the east. A rooftop screening plan has not been provided. Prior to City Council review the proponent shall submit details for screening of the rooftop mechanical units consistent with City Code. Due to the proximity of this structure to the residential properties, no wall-pack lighting shall be permitted on the exterior portions of the buildings. All pole lighting shall be of 20' downcast cutoff luminars to limit off-site glare. Access Access to the site will be from Edenvale Boulevard. Two curb cuts already exist, however both will need to be relocated in order to work with this plan. A revision to the easterly curb cut will be necessary to provide proper turning radius for semi's leaving the property. The westerly access is being shifted further to the west. Site line information has been provided for the westerly access which indicates that site vision distance is adequate. As outlined in the PUD approval, the proponent will be required to post truck traffic signage directing all trucks to Carlson Drive. Pedestrian System An 8 foot bituminous trail currently exists on the south side of Edenvale Boulevard. This trail will not be affected by the development of this site. IL:)41.0 LaVonne Industrial Park IV 5 July 22, 1988 Recommendations Staff would recommend approval of the request f o r C o m p r e h e n s i v e G u i d e P l a n A m e n d m e n t from Low Density Residential to Industri a l o n 4 . 5 3 a c r e s , P U D A m e n d m e n t a n d P U D District Review on 33 acres with waivers f o r s e t b a c k t o p a r k i n g , Z o n i n g D i s t r i c t Amendment within the 1-2 Zoning District on 4 . 5 3 a c r e s , Z o n i n g D i s t r i c t C h a n g e f r o m Rural to 1-2 on 0.41 acres and from Rural t o R 1 - 1 3 . 5 o n 1 a c r e , P r e l i m i n a r y P l a t o f 7.66 acres into one lot and one outlot su b j e c t t o p l a n s d a t e d J u l y 1 , 1 9 8 8 , t h i s Staff report and the following: 1. Prior to City Council review, proponent shall : A. Submit detailed information regarding the d e s i g n o f t h e t w o t i e r e d retaining wall for review. B. Revise the grading/drainage plan in order t o p r e s e r v e a l l e x i s t i n g vegetation within the 250 foot green belt, a l s o , p r o v i d i n g a c u l v e r t in the southeast corner of the parking l o t t o p r o v i d e p o s i t i v e drainage for that area of the site. C. Submit a revised landscape plan that depic t s a d d i t i o n a l s c r e e n i n g from Edenvale Boulevard, depicts a buf f e r i n g p l a n t h a t i s i n conformance with the previously approved b u f f e r i n g p l a n f o r t h e property to the east, and depicts a scre e n i n g f e n c i n g a l o n g t h e north line of Outlot A. D. Verify conformance to City Code for precast t i p - u p p a n e l , a n d s u b m i t a roof top mechanical equipment screening pl a n c o n s i s t a n t w i t h C i t y Code. 2. Prior to Final Plat, proponent shall: A. Submit detailed storm water run-off and e r o s i o n c o n t r o l p l a n s f o r review by the Watershed District. B. Submit detailed storm water run-off, util i t y , a n d e r o s i o n c o n t r o l plans for review by the Engineering Departme n t . C. Vacate all unecessary drainage and utility e a s e m e n t s . A l s o , c o m b i n e that portion of Edenvale Boulevard right-of - w a y i n t o t h e s i t e w h i c h will be vacated by the City. D. Include the south 250 feet, and that portion o f t h e e a s t 7 5 f e e t o f proposed Lot I, which is to be preserved in i t s n a t u r a l s t a t e i n t o a drainage and utility easement. 3. Prior to grading permit issuance, proponent s h a l l : A. Notify City and Watershed District at lea s t 4 8 h o u r s i n a d v a n c e o f grading. B. Stake the construction limits with snow fenc i n g . C. Cap all existing wells on site and remo v e a l l e x i s t i n g s e p t i c systems. Mu') LaVonne Industrial Park IV 6 July 22, 1988 1 4 Prior to building permit issuance, proponent sh a l l : A. Submit color samples for the building mater i a l s f o r r e v i e w . B. Submit detailed site lighting information w h i c h l i m i t s a l l l i g h t i n g to a maximum of 20 foot downcast cut-off l u m i n a r s . N o w a l l - p a c k lighting will be allowed on the exterior po r t i o n s o f t h e s t r u c t u r e s . C. Record at Hennepin County, a scenic ease m e n t o v e r t h a t p o r t i o n o f drainage and utility easement on Lot 1 th a t i s o c c u p i e d b y e x i s t i n g vegetation to be preserved, and provide p r o o f o f f i l i n g o f s a i d easement to the City. 5. Concurrent with building construction, p r o p o n e n t s h a l l c o n s t r u c t t h e t w o - tiered retaining wall, and implement all t h e l a n d s c a p i n g a n d f e n c i n g p l a n s , to provide the screening buffers from the r e s i d e n t i a l l o t s . 6. Prior to development of the residential p o r t i o n o f t h i s p r o p e r t y , t h e proponents shall be required to return to t h e P l a n n i n g C o m m i s s i o n a n d C i t y Council for approval of detailed plans for t h e p l a t t i n g o f t h e p r o p e r t y . SIGNED: Rer *or-Wenzel, Inc. 1011k Morgan Avenue South Bloomington, Minnesota 55431 (612) 888-6636 JUL ( i; 1986 TO: • Za,b,t,,, za/sit ,4(44 DATE: b--30-31 M")' ATTN: j.; rm. Norf. JOB: G/PP_ CONVERSATION WITH: Cock. Va'-'4/ee hes f, t./acoriac)/ed MEMO: ckse.4.-css;,-, oar rrosai ra,u.> 4);/4, /0: 4...Ciley, A- 5ces- No /or. b/e.n (4);!4(.... cok,..1 c ,ar pos j . Gde. igrefb 6ei.4 h i 4k. a. eon ike-.peoroce--0 fla4J Sezlid7A., ex.'s/. yfor. 51-0,1es k, . ;s 4 s 44; scA4SeJ LtS, 1 1 1 .S5 o c re lects c_. 4 bo,Jd repiire.ri A. 10(0 -leci Ae 010,4)3 1.1u_ c..4,0skr,1-;01,). 7-Ae ,Ve .0,1/ 19, b.1,11 ob,d0.. A 4 .4 /l 4,5e-0 IC- /3,6 rq:1 COPY TO attachment A alen Prairie Planning Comm',son Meeting Min u t e s July 25, I988 Page 7 F. LAVONNE INDUSTRIAL PARK BUILDING I V , by LaVonne Industrial Park Partnership IV. Request for Comprehensive Guide Plan Amendm e n t f r o m L o w D e n s i t y R e s i d e n t i a l t o I n d u s t r i a l on 4.53 acres; Planned Unit Development Conce p t A m e n d m e n t o n a p p r o x i m a t e l y 3 3 a c r e s ; Planned Unit Development District Review on appr o x i m a t e l y 3 3 a c r e s , w i t h w a i v e r s , Z o n i n g District Amendment within the 1-2 Zoning District o n 4 . 5 3 a c r e s , Z o n i n g D i s t r i c t C h a n g e f r o m Rural to 1-2 on 0.14 acre and from Rural to R1-13. 5 o n 1 . 0 a c r e ; a n d P r e l i m i n a r y P l a t o f 7 . 6 6 a c r e s into one lot and one outlot for construction of a 6 0 , 0 0 0 s q . f t . o f f i c e / w a r e h o u s e . L o c a t i o n : South of Edenvale Boulevard, Franzen introduced the project and Jim Noreen, a r c h i t e c t f o r p r o p o n e n t . H e s t a t e d t h a t t h e Comprehensive Guide Plan reflected a low density r e s i d e n t i a l l a n d u s e f o r t h e p r o p e r t y , b u t because of the zoning of 1-2, the PUD Concept a p p r o v a l f o r t h i s i n d u s t r i a l u s e , t h e c l o s e n e s s t o Edenvale Boulevard and the railroad tracks, and t h e t r a n s i t i o n t o t h e s i n g l e f a m i l y d e v e l o p m e n t s , t h e property best lent itself t;) an Industrial land use, The proponent presented the project as a 60,000 s q u a r e f e e t o f i n d u s t r i a l l a n d u s e i n t w o b u i l d i n g s on 6.7 acres A total of 170 parking spaces are re q u i r e d f o r t h e s t r u c t u r e a n d p l a n i n d i c a t e s t h a t number. They are requesting a waiver from the 5 0 f o o t f r o n t y a r d s e t b a c k t o p a r k i n g t o 2 5 l o o t a s a trade-off for a 250 foot and 75 foot green belt bei n g p r o v i d e d o n t h e s o u t h a n d e a s t s i d e s o f t h e l o t and would be placed into a scenic easement. An a d d i t i o n a l w a i v e r f o r a z e r o l o t l i n e s e t b a c k t o parking for a portion of the west and south parkin g a r e a w a s r e q u e s t e d . T h e y f e l t t h e w a i v e r s h a d merit due to the amount of preservation area occu p y i n g t h e s i t e a n d t h e l a r g e s e t b a c k s f r o m t h e residential land uses to the south and east. Proponent continued that building color would bl e n d w i t h t h e w o o d e d s e t t i n g . T h e y h a v e m e t w i t h residents in the area and have worked with City an d r e s i d e n t s o n a l a n d s c a p e p l a n w h i c h w a s presented. Proponent stated that in the Fall when the actual p l a c e m e n t o f t h e t r e e s o c c u r r e d , r e s i d e n t s w o u l d be consulted for their input. Residents have ask e d t h e d e v e l o p e r t o r e d u c e t h e n u m b e r o f p a r k i n g stalls by 10% and incorporate more green, by wa y o f i s l a n d s w i t h t r e e s . T h e y a l s o r e q u e s t e d t h a t a fence De constructed around the parking lot so a s n o t t o b e v i s i b l e d u i i n g t h e w i n t e r w h e n t h e t r e e s are bare. Proponent proposed Outlot A with the d e v e l o p m e n t o f two single family lots with a cul-de-sac at the end of Canterbury Lane. James Gniteckl, 14250 Stratford Road, was concerned with the 8 0 - 9 0 f o o t t r e e s t h a t w o u l d b e sacrificed as well as the impact on the wildlife. Wit h t h e e l e v a t i o n o f h i s h o m e , h e w o u l d b e l o o k i n g out of his living room window onto the rooftop of t h e b u i l d i n g . H e f e l t t h a t a s t a r k p a r k i n g l o t o f 1 7 0 spaces would be like looking down at a shopping c e n t e r p a r k i n g l o t . H e r e q u e s t e d r e d u c i n g i t 1 4 spaces and breaking it up with trees. He request e d that a permanent easement be incorporated with this project, and felt a culvert would have an a d v e r s e e f f e c t o n t h e p o n d . H e r e q u e s t e d t h a t Staff address the pond specifically and make the 2 5 0 f o o t s e t b a c k a p e r m a n e n t e a s e m e n t . Proponent felt the berm with 17 trees would buffe r t h e b u i l d i n g f r o m t h e s o u t h s i d e , lq i Eden Prairic Planning Commission Mccting Minuies July 25, 1988 Page 8 Phil Mailer, 14202 Stratford Road, felt this would change the character of the neighborhood. Richard H. Mavison, 6613 Canterbury Lane, submitted the petition signed by 14 residents. The main concern was the closing of Canterbury Lane. The site designated for two family residents would be better utilized as wildlife area. His #1 concern was the closing of Canterbury Lane and #2 wanted City's assurance that no toxic elements would be involved or brought into the building. Roger Sandvick, 14280 Stratford Road, stated the project was unique and thanked developer for presenting it to the neighbors and listening to their concerns. His first concern was the parking and that it be reduced by 14 stalls; second concern was the west butter of the building from the residential area; and third concern was fencing for visual in winter as well as security. Fell inquired if parking was reduced would there be a potential for spillover into the neighborhood streets. Franzen replied that parking was based on 1/3 warehouse, 1/3 manufacturing and 1/3 office. This is a code interpretation since it is a spec industrial building and the percentages of uses are not known. This parking requirement for no spaces is a guideline in this case. Based on experience some buildings do not need this amount of parking. This guideline has some margin for error and an 8% reduction in parking should not cause parking problems on adjoining streets. The City could also limit amount of office to coincide with parking available. Fell acknowledged that Commission would like to see more developers and residents work together as done in this proposal. They were an example to the community. Sandvick stated that residents would support variance for developer in regard to parking and front and back setbacks. Bye inquired about single family home and the utilities available. Alan Gray responded that the proposed elevation would be to low for sanitary sewer but the home could have its own pumping system, or utilities could be available through the industrial site. Ruebling requested that before the City Council meets, Staff should look at the possibility of a cul- de-sac or private drive for Canterbury Lane, and the effect on tree loss. Ruebling inquired of Staff if this proposal would have to go to Board of Appeals for parking stall issue. Franzen replied that Commission could recommend the variance as part of the Planned Unit Development District Review. MOTION 1: Motion was made by Dodge and seconded by Fell to close the public hearing. Motion carried 5-0-0 MOTION 2: Motion was made by Dodge and seconded by Fell to recommend to the City Council approval of the request of LaVonne Industrial Park Partnership IV for Comprehensive Guide Plan Amendment from Low Density Residential to Industrial on 4.53 acres for LaVonne Industrial Park Building IV, based on revised plans dated July 1, 1988, subject to the recommendations of the Staff Report dated July 22, 1988, and 1) one residential lot, 2)permanent easement of 250' to back of property and 75 on east side of property, 3) residential butter, 4) drainage easements, 5) Staff to investigate a cul-de-sac or private drive for Canterbury Lane, and 6) PUD variance to reduce parking by 14 spaces. Motion carried 5-0-0 Eden Prairie Planning Commission Meeting Minutes July 25, 1988 Page 9 MOTION 3: Motion was made by Dodge and seconded by Fell to recomme n d t o t h e C i t y C o u n c i l a p p r o v a l o f the request of LaVonne Industrial Park IV for Planned Unit Deve l o p m e n t C o n c e p t A m e n d m e n t t o the overall LaVonne Industrial Park PUD of approximately 33 acre s f o r t h e L a V o n n e I n d u s t r i a l P a r k Building IV, based on revised plans dated July 1, 1988, subject t o r e c o m m e n d a t i o n s o f t h e S t a f f Report dated July 22, 1988, and 1) one residential lot, 2)perma n e n t e a s e m e n t o f 2 5 0 t o b a c k o f property and 75' on east side of property, 3) residential butter, 4) d r a i n a g e e a s e m e n t s , 5 ) S t a f f t o Investigate a cul-de-sac or private drive for Canterbury Lane, an d 6 ) P U D v a r i a n c e t o r e d u c e p a r k i n g by 14 spaces. Motion carried 5-0-0 MOTION 4;. Motion was made by Dodge and seconded by Fell to recomm e n d t o t h e C i t y C o u n c i l a p p r o v a l o f the request of LaVonne Industrial Park Partnership IV for Plann e d U n i t D e v e l o p m e n t D i s t r i c t R e v i e w on approximately 7.66 acres, with waivers, Zoning District Ame n d m e n t w i t h i n t h e 1 - 2 Z o n i n g D i s t r i c t on 4.53 acres, Zoning District Change from Rural to 1-2 on 0.41 a c r e , a n d Z o n i n g D i s t r i c t C h a n g e from Rural to R1-13.5 on 1.0 acre, for LaVonne Industrial Park B u i l d i n g I V , b a s e d o n r e v i s e d p l a n s dated July 1, 1988, subject to the recommendations of the Staff R e p o r t d a t e d J u l y 2 2 , 1 9 8 8 , a n d 1) one residential lot, 2)permanent easement of 250 to back of p r o p e r t y a n d 7 5 ' o n e a s t s i d e o f property, 3) residential buffer, 4) drainage easements, 5) Staff t o i n v e s t i g a t e a c u l - d e - s a c o r p r i v a t e drive for Canterbury Lane, and 6) PUD variance to reduce parki n g b y 1 4 s p a c e s . Motion carried 5-0-0 MOTION 5: Motion was made by Dodge and seconded by Fell to recommen d t o t h e C i t y C o u n c i l approval of the request of LaVonne Industrial Park Partnership IV for Prelimi n a r y P l a t o f 7 . 6 6 a c r e s i n t o o n e l o t and one outlot for LaVonne Industrial Park Building IV based on r e v i s e d p l a n s d a t e d J u l y 1 , 1 9 8 8 , subject to the recommendations of the Staff Report dated July 2 2 , 1 9 8 8 , a n d s u r r o u n d i n g neighbors suggestions as previously stated. Motion carried 5-0-0 • • To : City Of Eden Prairie Planning Commission From : Residents of Kings Forest Addition Subject: Public Hearing re LaVonne Industrial P a r k B u i l d i n g I V We do not object to the proposal to build an o f f i c e / w a r e h o u s e on the proposed site - between the north end of C a n t e r b u r y L a n e and Edenvale Boulevard providing: 1. The north end of Canterbury Lane is permanently c l o s e d 2. Access to the proposed site will be from Edenva l e B o u l e v a r d o n l y 3. A berm will be built on the south border of the p r o p o s e d s i t e , high enough to prevent sight of the new build i n g f r o m t h e s o u t h side of the berm ame Address Date 7'cat CI:21/A CrAi YOOnq 067 6714 nor Z-17 747 /, lefrojer. AIL N_C) _ LigMtriAL e-A (Lor.' 4"-.71/0-427 - -1-111--a Do. n-,a 67 Lts, Sig tu/7 /_// ,04h, '60 A Sis I ../ . Coma ;/./ gillEg AiraVAII! rA.47/-1 '62 rf2 9 7 n 67 -s- C0-4e,LL,1—. -*I /yr riu_lawa .si, (07/3 (piAltesigl kn -ilip 1,4 lim. NoEsL...- nI:. +atrtr. ,,IL 1 1 1( 56 fi g(444,A) IfAlu,s0„, 66 o, 74447 , ;!? a (3i r /4,/,[ PI 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #88-178 RESOLUTION APPROVING THE PRELIMINARY PLAT OF NORSEMAN INDUSTRIAL PARK 6TH ADDITION FOR EBERHARDT/HOYT DEVELOPMENT BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Norseman Industrial Park 6th Addition for Eberhardt/Hoyt Development, dated August 11, 1988, consisting of 13.56 acres into one lot, one outlot, and road right-of-way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 16th day of August, 1988. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk lq 5 1:C7,1F2 I PROPOSED SITE STAFF REPORT Planning Commission Donald R. Uram, Assistant Planner Chris Enger, Director of Planning July 22, 1988 Department 56 South of West 74th Street, East of Golden Triangle Drive Eberhardt/Hoyt Development 1. Zoning District Amendment within the 1-2 Zoning District on 4.5 acres. 2. Zoning District Change from Rural to 1-2 on 4.3 acres with variances. 3. Preliminary Plat of 24.2 acres into one lot, 2 outlots and road right-of-way. TO: FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT/ FEE OWNER: REQUEST: Background This site is currently designated on the Eden Prairie Comprehensive Guide Plan for Industrial land uses. Surrounding properties to the north, south, east, and west are also designated Industrial. Specific land uses include the Norseman Industrial Park 5th and 6th Additions, zoned 1-2 to the east and north; Tech Park 2nd and 3rd Additions, zoned 1-2 to the south; and the extension of Golden Triangle Drive to the west. The proponent is requesting a Zoning District Amendment and Zoning District Change from Rural to 1-2 to allow for the construction of a 90,606 square foot addition to the existing Department 56 building on West 74th Street. Preliminary Plat/Site Plan The Preliminary Plat depicts the subdivision of 24.2 acres into one Department 56 2 July 22, 1988 lot, 2 outlots, and road right-of-way. The dedication of right-of-way and the completion of Golden Triangle Drive is proposed as part of this project. The proposal includes a 90,606 square foot addition to the existing 59,394 Department 56 building for a total building size of 150,000 square feet. The building meets the minimum requirements of the 1-2 zoning district with the exception of Base Area Ratio (B.A.R.) and Chapter 11.03, Subdivision 3, I., 2. (c) which states that "No loading facility shall be located on a street frontage nor within the required side or rear yard requirements." Due to the site's location on a corner lot, only the south and east building elevations are available for loading facilities. Currently, there are nine existing dock doors and two proposed dock doors on these elevations. An additional 10 dock doors are proposed on the west elevation. Because this building will serve as Bachman's sole regional distribution center in the Twin Cities, a significant number of dock doors is required. The loading area along the west building elevation is set back from Golden Triangle Drive 50 feet and the actual docks 170 feet. A berm approximately 14 feet above Golden Triangle Drive and 4 feet above the parking lot elevation in conjunction with mass plantings of evergreen trees provides screening. In the 1-2 Zoning District, the maximum allowable B.A.R. is 30%. Variance #83-35, approved September 8, 1983, allowed a B.A.R. of 30.3% for the existing building. Based upon a new lot size of 8.89 acres, a B.A.R. of 38.7% has been calculated. The proponent has applied to the Board of Appeals for a variance. In reviewing the proposed variance request, two alternatives have been identified. The first alternative would be to decrease the amount of building square footage. With a maximum B.A.R. of 30%, a total of 116,214 square feet is allowed which would require a reduction in the proposed building of 33,786 square feet. Because of Department 56's warehouse needs, a reduction in building size is not feasible. Another alternative is the acquisition of additional land. Based upon a building square footage of 150,000, an additional 2.588 acres is required. This would increase the total lot size to 11.47 acres. Because of physical constraints, including West 74th Street, Golden Triangle Drive, and existing industrial buildings to the south and east, no additional land is available. Specific building usage includes a 1,600 square foot office and a 148,400 square foot warehouse. A total of 83 parking stalls are required. The plan depicts a total of 166 parking stalls on-site. If the building were to change tenants, the specific use of the building would be dictated by parking supply. Architecture The Department 56 addition is designed as a continuation of the existing building in terms of color and architecture. The primary building material is white pre-cast concrete, tip-up panel with a raked finish. The building measures approximately 28 feet in height and has ten loading bays on the western elevation. In order to screen the western elevation and the loading docks, a berm and mass plantings have been provided. A mechanical equipment screening plan for the building has been submitted. Grading/Utilities This site has been previously graded with other development in this area. Overall grading will include the removal of the existing stockpile where the extension of Department 56 3 July 22, 1988 Golden Triangle Drive is proposed and a leveling of the building site. Minimal grading will occur on the existing site with the exception of additional berming. Water and sanitary sewer service is available to the site through connections made to an existing 8" sanitary sewer and an 8" water line located within West 74th Street. Storm water run-off is designed to be collected in a series of catch basins within the parking and loading areas with connections made to an existing 48"-60" storm sewer in West 74th Street. Landscaping The landscape plan depicts a total of 566 caliper inches of plant material provided on-site. Because of the amount of landscaping required for screening purposes, an irrigation system shall be installed to insure survival. In order to screen parking and loading areas, the grading plan depicts a series of berms adjacent to West 74th Street and Golden Triangle Drive. Based upon the submitted site sections, the berms in conjunction with the plant materials provide adequate screening. Signage/Lightino No additional signage other than directional signage for truck traffic is proposed. The existing sign for the Department 56 building will remain adjacent to West 74th Street. Lighting for the project consists of 250 watt mercury vapor wall pack located around the building. All lighting shall be downcast in design. Pedestrian Systems A five foot concrete sidewalk and eight foot bituminous trail shall be provided along the east and west side of Golden Triangle Drive respectively. Staff Recommendation Staff recommends approval of the request from Eberhardt/Hoyt Development for a Zoning District Change from Rural to 1-2 on 4.3 acres with variances to be reviewed by the Board of Appeals and the Preliminary Plat of 24.2 acres into one lot, 2 outlots, and road right-of-way, subject to plans dated June 22, 1988, Staff Report dated July 22, 1988, and subject to the following conditions: 1. Prior to Council review, proponent shall revise the plans to reflect a 5 foot concrete sidewalk and an 8 foot bituminous trail along the east and west sides of Golden Triangle Drive. 2. Prior to final plat approval, proponent shall: a. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. b. Provide detailed storm water run-off, erosion control, and utility plans for review by the City Engineer. Department 56 4 July 22, 1988 3. Prior to building permit issuance, proponent shall: a. Notify the City and Watershed District at least 48 hours in advance of grading. b. Pay the appropriate Cash Park Fee. c. Provide plans for review by the Fire Marshal. 4. Apply for and receive a variance from the Board of Appeals to allow a Base Area Ratio to exceed 30% and to allow a loading facility on a street frontage in the 1-2 Park Zoning District. Eden Prairie Planning C.ummission Meeting Minutes July 25, 1988 Page 5 E. NORSEMAN INDUSTRIAL PARK 6TH ADDITION by Eberhardt/Floyt Development. Request for Zoning District Amendment within the 1-2 Zoning D i s t r i c t o n 4 . 5 a c r e s ; Z o n i n g D i s t r i c t Change from Rural to -2 on 4.3 acres, with variances to be re v i e w e d b y t h e B o a r d o f A p p e a l s : and Preliminary Plat of 13.56 acres into one lot, two outlots, an d r o a d r i g h t - o f - w a y f o r construction of a 90,600 sq. ft. building addition. Location: S o u t h o f W . 7 4 t h S t r e e t , e a s t o f Golden Triangle Drive. A public hearing. Eden Prairie Planning Commission Meeting Minutes July 25, 1988 Page 6 Uram reported that this project was straightforward with the is s u e s f o r v a r i a n c e s r e q u e s t e d t o t h e Board of Appeals. Proponent was requesting a BAR. of 38.7 % v e r s u s 3 0 % , a r i d a v a r i a n c e f o r a loading area located adjacent to street frontage. A screening p l a n f o r t h e l o a d i n g d o c k a r e a h a s been provided and was acceptable to Staff. He added that wit h c o m p l e t i o n o f t h i s p r o j e c t , G o l d e n Triangle Drive will be completed thus providing access to the n o r t h . Russ Saulon, architect for proponent, stated that the project w a s a n e x p a n s i o n o f t h e p r e s e n t Bachman warehouse space. He felt the variance would not ha v e b e e n n e c e s s a r y i f G o l d e n T r i a n g l e Drive had not taken up so much of the land and limited the buil d i n g s p a c e . Herleiv HeIle, 6138 Arctic Way, Edina, stated as a property owner of 15 acre s a d j o i n i n g t h i s property, he objected to the height, size and mass of the buildi n g . H e f e l t i t w o u l d l o o k l i k e a s l a b wall and requested windows be a part of the overall outside ar c h i t e c t u r e . H e o b j e c t e d t o g r a n t i n g o f variance for 38% BAR. when 30% was normal and required b y o t h e r d e v e l o p e r s . H i s m a i n c o n c e r n was the loading dock. He felt the impact from his properly al o n g G o l d e n T r i a n g l e D r i v e , w h i c h w a s 8 ' higher, would visually be damaged with a view of the loading d o c k . H e f e l t i t s h o u l d b e p l a c e d soniawhere else out of view where it did not require a varianc e . Brad Hoyt, 45 Clay Cliffs, Tonka Bay, Developer, stated that there were m a n y i n d u s t r i a l b u i l d i n g s i n Eden Prairie with variances in place for over 33% BAR.. Al s o t h a t t h e 3 0 % B A R . w a s n o t e t c h e d in granite, it was a guideline. He felt the occupant of this prop e r t y w o u l d m a i n t a i n the property better than the average occupant allowing Mr. HeIle an excellent view from his property. The occupant would not leave empty trailers standing or pallets as viewed a t o t h e r d o c k s . H e c o m m e n t e d t h a t t h e people in the area have seen a sea of loading docks for year s . H e s t a t e d t h a t w i n d o w s a r e n o t feasible in a warehouse building due to security problems. Daniel Enblom, 10610 Valley View, stated he has lived here since 1941 and w a s c o n c e r n e d w i t h the section in Outlot B and the plans for that area. Uram replied that the plat was revised and that area was not being developed. Uram added that the stockpile of dirt on the land would be re m o v e d w i t h t h i s p r o j e c t . Ruebling stated he was comfortable with the screening for th e l o a d i n g d o c k . Fell stated that when a 30% B.A.R. was exceeded, it should be discussed by the Commission. Uram stated that Staff supported the 38% BAR. due to land a v a i l a b l e , r i g h t o f w a y f o r G o l d e n Triangle Drive, the requirement by Bachman, and that the vari a n c e d i d n o t c r e a t e o t h e r o n s i t e o r o f f site negative impacts. All other code requirements were met. MOTION 1: Motion was made by Dodge and seconded by Anderson to close the public hearing. Motion carried 5-0-0 MOTION 2: Motion was made by Dodge and seconded by Anderson to rec o m m e n d t o t h e C i t y C o u n c i l approval of the request of Eberhardt and Hoyt Development for Zonin g D i s t r i c t A m e n d m e n t w i t h i n the 1.2 District on 4.5 acres and Zoning District change from Rur a l t o 1 - 2 o n 4 . 3 a c r e s , w i t h v a r i a n c e s to be reviewed by the Board of Appeals for a 90,606 sq. ft. add i t i o n t o t h e 5 9 , 3 6 4 s q . f t . B a c h m a n ' s building within Norseman's Industrial Park 6th Addition, bas e d o n p l a n s d a t e d J u l y 1 5 , 1 9 8 8 . Motion carried 5-0-0 Edcn Prairie Planning Commission Meeting Minutes July 25, 1988 Page 7 MOTION 3: Motion was made by Dodge and seconded by Anderson to recommend to the City Council approval of the request of Eberhardt and Hoyt Development for Preliminary Plat of 13.56 acres to be known as Norseman's Industrial Park 6th Addition for one lot, two outlots, and road right-of-way, for a 90,606 sq. ft. addition to the Bachman's building, based on plans dated July 15, 1988, subject to the recommendations of the Staff Report dated July 22, 1988. Motion carried 5-0-0 AUGUST 16,1988 44372 EAGLE WINE CO WINE 44373 GRIGGS COOPER & CO LIQUOR 44374 JOHNSON BROS WHOLESALE LIQUOR CO LIQUOR 1375 PAUSTIS & SONS WINE ,376 ED PHILLIPS & SONS CO WINE 44377 PRIOR WINE CO WINE 44378 QUALITY WINE & SPIRITS CO LIQUOR 44379 JOAN AHMANN REFUND-SWIMMING LESSONS 44380 PAULINE BORUCKI REFUND-ADULT GOLF LESSONS 44381 BUFFETS INC REFUND-STARING LAKE PARK BUILDING RENTAL 44382 MITZY CHELIKOWSKY REFUND-SWIMMING LESSONS 44383 GENEVA DANNEWITZ REFUND-STARING LAKE PARK BUILDING RENTAL 44384 DATED BOOKS BOOKS-STREET DEPT/SEWER DEPT 44385 INTERNATL CITY MGMT ASSN BOOK-FIRE DEPT 44386 NANCY KLOECKNER REFUND-ADULT GOLF LESSONS 44387 BETTY KRAPU REFUND-STARING LAKE PARK BUILDING RENTAL 44388 MINNEGASCO SERVICE 44389 MINNESOTA COMMERCE DEPT NOTARY REAPPOINTMENT-FINANCE DEPT 44390 GALE NICHALAS REFUND-SWIMMING LESSONS 44391 NSP SERVICE 44392 ZETACO INC REFUND-ROUND LAKE PARK PAVILION RENTAL 44393 PETTY CASH EXPENSES-CITY HALL 44394 LEI LONNIE ANDERSON -1988 ICE SHOW COSTUME COORDINATOR- COMMUNITY CENTER 44395 DRISKILLS SUPER VALUE EXPENSES-COMMUNITY CENTER 44396 RETAIL DATA SYSTEMS OF MN CASH REGISTER TAPE-LIQUOR STORE 44397 RIEKE-CARROLL-MULLER ASSOCIATES I -SERVICE-TECHNOLOGY DRIVE/VALLEY VIEW RD- -GOLDEN TRIANGLE DRIVE/HIDDEN GLEN 3RD -ADDITION/GOLDEN TRIANGLE DRIVE/WYNDHAM CREST/MITCHELL ROAD TO COUNTY RD 1 .4398 SEXTON PRINTING INC -PRINTING-SUMMER BROCHURE-RECREATIO ADMINISTRATION 44399 WATERITE INC AIR CONDITIONER REPAIR-COMMUNITY CENTER 44400 DYNA SYSTEMS SUPREME BITS-WATER DEPT 44401 AT&T CONSUMER PRODUCTS DIV SERVICE 44402 TIM JOHNSON CONFERENCE-COMMUNITY CENTER 44403 PETTY CASH EXPENSES-SUMMER PLAYGROUND PROGRAM 44404 SUPPLEE'S 7 HI ENTERPRISES INC AUGUST 88 RENT-LIQUOR STORE 44405 GAMBER JOHNSON -13 RADIO COMPUTER TERMINAL BRACKETS- -$1096.42/13 BASES-$515.97/13 HEAD RACK CONTROLS-$385.06 44406 JIM NELSON MEGA SALES MARKING GUNS/PRICING TAPE-LIQUOR STORE 44407 ALLIED BLACKTOP CO SERVICE-1988 SEAL COATING 44408 BARBAROSSA & SONS INC SERVICE-WATER TREATMENT PLANT ADDITION 44409 BROWN & CRIS INC SERVICE-SUNNYBROOK ROAD/NEMEC KNOLLS 44410 NODLAND CONSTRUCTION CO -SERVICE-HIDDEN GLEN 3RD ADDITION/WYNDHAM CREST 44411 PREFERRED PAVING It' SERVICE-VALLEY VIEW ROAD 44412 RICE LAKE CONTRACTING SERVICE-HOMEWARD HILLS ROAD 44413 SHAW LUNDQUIST ASSOC INC SERVICE-WATER TREATMENT PLANT ADDITION 44414 A TO Z RENTAL CENTER EQUIPMENT RENTAL-EDENVALE PARK 44415 ACRO-MINNESOTA INC -OFFICE SUPPLIES-CITY HALL/2 FILE CABINETS -$389.20-BUILDING DEPT/CHAIR-$177.64- PARK PLANNING DEPT "416 AUDIO ELECTRONICS INC INTERCOM REPAIR-POLICE BUILDING 29013861 323.96 5417.87 5826.54 384.47 3957.38 427.16 5288.68 17.00 5.00 50.00 14.50 15.00 82.75 14.55 27.00 25.00 1713.33 10.00 19.00 2112.71 43.00 62.56 550.65 24.88 12.31 52464.79 4013.13 130.37 88.86 29.25 380.00 49.31 4770.93 1977.48 822.22 16103.87 33382.72 12531.29 23036.49 839.04 32985.15 77048.66 27.56 2188.48 843.71 AUGUST 16,1988 44417 AMERICAN NATIONAL BANK 44418 AMERICAN WATER WORKS ASSOCIATION 44419 EARL F ANDERSEN & ASSOC INC 44420 ANDROC PRODUCTS INC 4421 ARTSIGN MATERIALS CO 4422 ASSOCIATED ASPHALT INC 44423 ASTLEFORD INTL INC 44424 AUTO CENTRAL SUPPLY 44425 B R W INC 44426 BACHMAN'S 44427 BACON'S ELECTRIC CO 44428 S H BARTLETT COMPANY INC 44429 BARTON ASCHMAN ASSOCIATES INC 44430 G JEFF BARTZ 44431 BATTERY & TIRE WAREHOUSE INC 44432 KELLY LYN BAUER 44433 JOHN BENSON 44434 TRACI BERGO 44435 BERRY COFFEE COMPANY 44436 BIFFS INC 44437 BLACK & VEATCH 438 SAM BLOOM IRON & METAL CO INC ,439 LOIS BOETTCHER 44440 BRADY OFFICEWARE INC 44441 LEE M BRANDT 44442 BRAUN ENG TESTING INC 44443 ED BRION 44444 BROWNING FERRIS INDUSTRIES 44445 BRUNSON INSTRUMENT CO 44446 BRYAN ROCK PRODUCTS INC 44447 BSN CORP 44448 BUSINESS CREDIT LEASING INC 44449 BUSINESS RECORDS CuRPORATION MN 44450 ROZ BURNSTEIN 44451 CARLSON & CARLSON ASSOC 44452 CEDAR HILLS GOLF COURSE 44453 CHANHASSEN LAWN & SPORTS 44454 CHAPIN PUBLISHING COMPANY 44455 CLUTCH & TRANSMISSION SER INC 44456 COMMISSIONER OF REVENUE 44457 CONSOLIDATED PLASTICS CO IN .781778 BOND PAYMENT 150462.50 BOOKS-WATER DEPT 285.92 SIGNS-STREET DEPT 679.20 CHEMICALS-PARK MAINTENANCE 298.75 OFFICE SUPPLIES-PARK PLANNING DEPT 142.12 BLACKTOP/SEALCOATING-STREET MAINTENANCE 1379.28 BRAKE SHOES/CABLES-EQUIPMENT MAINTENANCE 158.17 FILTERS/THINNER/CARTRIDGES-PARK MAINT 74.56 -SERVICE-TRAFFIC STUDY FOR FLAHERTY CENTER/ 13670.59 -ANDERSON LAKES PKWY-TH 169 TO MITCHELL -ROAD/VALLEY VIEW ROAD-MITCHELL TO COUNTY -ROAD 4/TRAFFIC SIGNALS IN MAJOR CENTER AREA EXPENSES-CITY HALL 37.75 WELL #3 REPAIR-WATER DEPT 228.61 ON & OFF SHOWER VALVES-COMMUNITY CENTER 393.58 -SERVICE-EDEN PRAIRIE COMPREHENSIVE PARK 6171.39 & RECREATION PLAN SOFTBALL & VOLLEYBALL OFFICIAL/FEES PAID 907.50 -HEADLIGHTS/ANTIFREEZE/FUEL INJECTOR 498.80 -CLEANER/SIGNAL LIGHTS/SLOW MOVING VEHICLE -EMBLEMS/CONDUIT/BATTERIES/FLARES/MUFFLER -CLAMP/HOSE CLAMP/BEARINGS/ALTENATOR/ DRUM CORE-EQUIPMENT MAINTENANCE VOLLEYBALL OFFICIAL/FEES PAID 202.50 GOLF INSTRUCTOR/FEES PAID 300.00 SOFTBALL A VOLLEYBALL OFFICIAL/FEES PAID 151.50 SERVICE-CITY HALL 608.50 WASTE DISPOSAL-PARK MAINT/FIRE DEPT 70.42 SERVICE-WATER TREATMENT PLANT ADDITION 6151.06 STEEL TUBING/STEEL PLATE-PARK MAINT 54.08 -MINUTES-PARKS RECREATION & NATURAL 120.75 RESOURCES COMMISSION OFFICE SUPPLIES-CITY HALL 119.50 SOFTBALL OFFICIAL/FEES PAID 285.00 -SERVICE-MITCHELL ROAD TO COUNTY ROAD 1/ 7863.95 FRANLO ROAD SOFTBALL OFFICIAL/FEES PAID 30.00 JUNE 88 TRASH DISPOSAL 42.34 TAPE MEASURE-PARK MAINTENANCE 62.11 -GRAVEL-PARK MAINTENANCE/EDENVALE PARK/ 2821.99 PURGATORY CREEK TRAILS RECREATION EQUIPMENT-SPORTS/SPECIAL CAMPS 159.50 SEPTEMBER 88 COPIER RENTAL-FIRE DEPT 182.75 -BALLOTS/PRINTER TAPE/INSTRUCTION POSTERS- 588.44 ELECTIONS MILEAGE-COMMUNITY CENTER 7.88 EMPLOYEE ASSISTANCE-HUMAN RESOURCES 1118.75 SERVICE-SUMMER SKILL DEVELOPMENT 396.00 LINE/GUARD/STUD-PARK MAINT/WATER DEPT 17.06 -LEGAL ADS-COMMUNITY CENTER REPAIRS/ 389.30 STARING LAKE BRIDGES SEAL KIT-EQUIPMENT MAINTENANCE 42.18 JULY 88 FUEL TAX 304.00 4 DOLLIES/4 GARBAGE CANS-WATER DEPT 339.50 AUGUST 16,1988 44458 CONTACT MOBILE COMMUNICATIONS INC -RADIO REPAIR-WATE R D E P T / R A D I O E Q U I P M E N T & -1NSTALLATION-$4629.00-POLICE BUILDING 44459 COPY EQUIPMENT INC OFFICE SUPPLIES-ENGINEERING DEPT 1460 CORONET MTI FILM & VIDEO INC VIDEO FILM-POLICE FORFEITURE-DRUGS 44461 CROWN MARKING INC OFFICE SUPPLIES-CITY HALL 44462 CUTLER MAGNER CO QUICKLIME-WATER DEPT 44463 MC DONALDS EXPENSES-SPECIAL EVENT 44464 TOTAL ENTERTAINMENT MUSIC FOR SPECIAL EVENT/FEES PAID 44465 TOM DAHLEN SOFTBALL OFFICIAL/FEES PAID 44466 DALCO -CLEANING SUPPLIES-WATER DEPT/COMMUNITY CENTER/PARK MAINTENANCE 44467 CRAIG W DAWSON MILEAGE/EXPENSES-ADMINISTRATION 44468 BARBARA CROSS MILEAGE/EXPENSES-PARK PLANNING DEPT 44469 DEPARTMENT OF LABOR & INDUSTRY C -BOILER & AIR TANK L I C E N S E - W A T E R D E P T / A I R -TANK LICENSE-POLICE BUILDING/PUBLIC WORKS BUILDING 44470 DIAMOND ACCEPTANCE CORP -SEPTEMBER 88 COPIER INSTALLMENT PAYMENT- POLICE DEPT 44471 EUGENE DIETZ JULY 88 EXPENSES-ENGINEERING DEPT 44472 DIXIE PETRO-CHEM INC CHLORINE-WATER DEPT 44473 JOSEPH K DOLEJSI LAND-WYNDHAM KNOLL PARK 44474 DONS SOD SERVICE SOD-STARING LAKE PARK 44475 JENNIFER DRESSEN MILEAGE-COMMUNITY CENTER 44476 DUSTCOATING INC DUSTCOATING-DUST CONTROL 44477 DRISKILLS SUPER YALU -EXPENSES-COMMUNITY CENTER/CONCESSION -STAND SUPPLIES-COMMUNITY CENTER/ROUND LAKE PARK 44478 EARL'S ART & DRAFTING SUPPLIES SUPPLIES-PLANNING DEPT '4 479 EDEN PRAIRIE CHAMBER OF COMMERCE EXPENSES-ADMINISTRAT I O N 480 E P PHOTO FILM/FILM PROCESSING-WATER DEPT 44481 CITY OF EDINA SERVICE-JUNE 88 WATER TESTS 44482 EGAN MCKAY ELECTRICAL CONTRACTORS -REPLACE TRAFFIC SIG N A L T I M E C L O C K - T R A F F I C CONTROL 44483 ELK RIVER CONCRETE PRODUCTS CULVERTS-DRAINAGE CONTROL 44484 ESS BROTHERS & SONS INC CATCH BASIN-DRAINAGE CONTROL 44485 FEED RITE CONTROLS INC CHEMICALS-WATER DEPT 44486 FERGUSON TEST KITS & INSTRUMENTS COCAINE TEST KITS- P O L I C E D E P T 44487 FIRE INSTRUCTORS ASSN OF MN TRAINING SUPPLIES-FIRE DEPT 44488 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STO R E 44489 JOHN FRANE JUNE & JULY 88 EXPENSES-FINANCE DEPT 44490 LYNDELL FRY MILEAGE-COMMUNITY CENTER 44491 G & K SERVICES -COVERALLS/TOWELS-WATER DEPT/PARK MAINT/ LIQUOR STORE 44492 GAB BUSINESS SERVICES LIABILITY INSURANCE 44493 DARRELL GEDNEY HOCKEY OFFICIAL/FEES PAID 44494 JOSEPH GLEASON SOFTBALL OFFICIAL/FEES PAID 44495 GOODYEAR COMMERCIAL TIRE & SERVIC -TIRES/TIRE REPAIR- W A T E R D E P T / E Q U I P M E N T MAINTENANCE 44496 GOPHER OIL COMPANY HYDRAULIC OIL/LUBRICANTS-WATER DEPT 44497 W W GRAINGER INC -VOLTAGE METER/ELECTRIC MOTOR/LIGHT BULBS- -WATER DEPT/PORTABLE GRINDER/GRINDER WHEEL- PARK MAINTENANCE 44498 TODD GRAMS MILEAGE-COMMUNITY CENTER 44499 MARK GRANOWSKI SOFTBALL OFFICIAL/FEES PAID /25312 4785.75 79.56 420.00 20.45 18380.27 12.75 200.00 90.00 1025.40 59.50 139.35 90.00 300.00 205.25 5084.00 22465.50 1933.75 132.50 1820.00 266.18 3.04 12.00 12.27 143.50 212.92 257.64 168.00 11650.80 60.17 60.00 264.41 400.00 138.75 382.06 601.93 136.00 336.00 2795.40 1454.15 449.87 99.00 105.00 AUGUST 16,1988 44500 GRANT MERRITT & ASSOCIATES LTD -JUNE & JULY 88 LEGAL SERVICE-FLYING CLOUD LANDFILL 44501 ALAN D GRAY JULY 88 EXPENSES-ENGINEERING DEPT , 44502 GROSS OFFICE SUPPLY OFFICE SUPPLIES-POLICE DEPT t 1503 LEROY GUM HOCKEY OFFICIAL/FEES PAID 44504 GUNNAR ELECTRIC CO INC -OUTSIDE WALL LIGHT-PARK MAINT/INSTALLA- -TION OF 2 RECEPTACLES-$1000.00-ROUND LAKE PARK 44505 HACH CO LAB SUPPLIES-WATER DEPT 44506 HANSEN THORP PELLINEN OLSON INC -SERVICE-NEMEC KNOLLS/FRANLO RD/BLUFFS -EAST 4TH ADDITION/SUNNYBROOK ROAD/ SOUTHWEST STUDY AREA/BLUFF ROAD 44507 HARDRIVES INC -LIMESTONE-STREET MAINT/PUBLIC SAFETY PARKING LOT/PARK MAINTENANCE 44508 HARMON GLASS -WINDSHIELD/TINTED REAR WINDOW-WATER DEPT/ EQUIPMENT MAINTENANCE 44509 JIM HATCH SALES CO TRAFFIC CONES-WATER DEPT 44510 TILFORD E HELLIE JR SOFTBALL OFFICIAL/FEES PAID 44511 HELLER'S CARBONIC WEST INC CHEMICALS-WATER DEPT 44512 HENNEPIN COUNTY TREASURER FILING FEE-PLANNING DEPT 44513 HENNEPIN COUNTY TREASURER JUNE 88 BOARD OF PRISONERS 44514 HENNEPIN COUNTY TREASURER OXYGEN-PARK MAINT 44515 HENNEPIN COUNTY TREASURER JUNE 88 WASTE DISPOSAL-FORESTRY DEPT 44516 HENNEPIN TECHNICAL INSTITUTE SCHOOLS-FIRE DEPT/PUBLIC WORKS DEPT 44517 D C HEY COMPANY INC TONER-PUBLIC WORKS BLDG/MAINTENANCE 44518 HOFFERS INC PAINT-PARK MAINTENANCE 44519 HOLMSTEN ICE RINKS INC -CRANKCASE HEATER/DEHUMIDIFER REPAIR- COMMUNITY CENTER 44520 HONEYWELL INC -PROCESS CONTROL MAINTENANCE AGREEMENT- -PROCESS CONTROL MAINTENANCE AGREEMENT- 2ND QUARTER 88 - WATER DEPT 44521 IBM CORPORATION AUGUST 88 MAINTENANCE AGREEMENT-CITY HALL 44522 INDEPENDENT SCHOOL 01ST #272 -ROOM RENTAL-COMMUNITY BAND/DEC 87-JUNE 88 CUSTODIAL SERVICE-WATER PLANT 44523 I C B 0 DUES-BUILDING DEPT 44524 INDUSTRIAL LIGHTING SUPPLY INC LIGHT BULBS-WATER DEPT 44525 ISS INTER SERVICE SYSTEM JANITORIAL SUPPLIES-CITY HALL 44526 CARL JULLIE EXPENSES-ADMINISTRATION 44527 J & R RADIATOR CORP RADIATOR REPAIR-EQUIPMENT MAINTENANCE 44528 CHRIS JESSEN SOFTBALL OFFICIAL/FEES PAID 44529 JM OFFICE PRODUCTS INC OFFICE SUPPLIES-WATER DEPT 44530 JOHNSON CONTROLS INC CONTROL PANEL REPAIR-POOL-COMMUNITY CENTER 44531 JAIMS GLENN JOHNSON MILEAGE/EXPENSES-FIRE DEPT 44532 JORDAN SAWMILL TIMBERS-STREET DEPT 44533 KENNEL AIRE CAGE EXTENSION PANEL-POLICE DEPT 44534 KEYS WELL DRILLING CO MOTOR REPAIR-WATER DEPT 44535 SCOTT KIPP EXPENSES-PLANNING DEPT 44536 GREG KORTUEM SOFTBALL OFFICIAL/FEES PAID 44537 L A CONSTRUCTION INC DISTRIBUTOR/TACK OIL-STREET MAINTENANCE 44538 BOB LAMBERT -JULY 88 EXPENSES-PARKS RECREATION & NATURAL RESOURCES DEPT 44539 CYNTHIA LANENBERG MILEAGE-FIRE DEPT 44540 LANDSCAPE & TURF CHEMICALS-PARK MAINTENANCE 44541 LANG PAULY & GREGERSON LTD -LEGAL SERVICE-APRIL 88 COMMUNITY CENTER -LITIGATION/APRIL & MAY 88 FLYING CLOUD LANDFILL/MAY 88 CABLE TV 7616570 9951.50 200.00 94.56 109.00 1167.00 355.08 27673.45 519.17 188.82 256.80 120.00 1810.51 341.00 1878.51 8.98 150.00 520.00 53.75 98.60 226.05 3579.00 577.43 9649.00 140.00 50.98 181.82 53.41 31.00 135.00 56.45 155.00 229.88 110.00 19.95 843.75 50.27 570.00 870.00 200.00 30.75 70.00 12839.23 LESMANN ENTERPRISES INC LOGIS GEORGE MARSHALL MASYS CORPORATION MCGLYNN BAKERIES INC PAINT VEHICLE-EQUIPMENT MAINTENANCE JUNE 88 SERVICE SERVICE-CEMETERY OPERATIONS COMPUTER MAINTENANCE-POLICE DEPT EXPENSES-CITY HALL/POLICE DEPT 44542 44543 44544 44545 44546 547 MCQUIRE & SONS PLBG & HTG 44548 MCGLYNN BAKERIES INC 44549 MEDICINE LAKE LINES 44550 METRO PRINTING INC 44551 METRO SALES INC 44552 METROPOLITAN COUNCIL DATA CENTER 44553 METROPOLITAN FIRE EQUIP CO 44554 METROPOLITAN WASTE CONTROL COMMIS 44555 MID CENTRAL INC 44556 MIDLAND EQUIPMENT CO 44557 MIDLAND PRODUCTS CO 44558 MIDWEST ASPHALT CORP 44559 MINNESOTA COMMUNICATIONS CORP 44560 MN CONWAY FIRE & SAFETY 44561 MN PUBLIC EMPLOYER LABOR RELATION 44562 MINNESOTA SUBURBAN NEWSPAPERS INC 44563 MOTOROLA INC 44564 MTI DISTRIBUTING CO 44565 GREG MUELLER 44566 NATIONAL CAMERA EXCHANGE 44567 VINH NGUYEN 44568 NATIONWIDE ADVERTISING SERV INC '569 NORTH STAR TURF INC ,570 NORTH STAR WATERWORKS PRODUCTS 44571 NORTHERN HYDRAULICS 44572 NORTHERN STATES POWER CO ICE AREA REPAIRS-COMMUNITY CENTER EXPENSES-FIRE DEPT BUS SERVICE-TEEN VOLUNTEER PROGRAM WARNING TAGS/FORMS-POLICE DEPT COPIER TONER-POLICE DEPT PUBLICATION-ASSESSING DEPT FIRE EXTINQUISHER INSPECTION-WATER DEPT AUGUST 87 TO JULY 88 DEFERMENT PAYMENT 60 PERSONAL ALARM LOCATORS-FIRE DEPT -STEEL-PARK MAINT/SPILL PAN-EQUIMENT MAINTENANCE -CONCESSION STAND SUPPLIES-ROUND LAKE PARK/ COMMUNITY CENTER BLACKTOP-STREET MAINTENANCE -AUGUST 88 PAGER SERVICE-SEWER DEPT/JULY & AUGUST 88 PAGER SERVICE-WATER DEPT HOSE CONNECTIONS-WATER DEPT DUES-HUMAN RESOURCES ADVERTISING-LIQUOR STORE RADIO REPAIR-FIRE DEPT BLADE-PARK MAINTENANCE SOFTBALL OFFICIAL/FEES PAID 2 CAMERAS-ASSESSING DEPT VOLLEYBALL OFFICIAL/FEES PAID EMPLOYMENT ADS-HUMAN RESOURCES PIN-PARK MAINTENANCE GASKET/BOLTS & NUTS/0 RINGS-WATER DEPT WINCH/HAND SWITCH-SEWER DEPT -SERVICE-PRAIRIE CENTER DRIVE/RIVERVIEW -ROAD/MOUNT CURVE ROAD/SUNNYBROOK ROAD/ GLOVER CIRCLE BOND PAYMENT -DISTANCE MEASURING COMPUTER-ENGINEERING DEPT CEMENT-STREET MAINT -RIBBONS-WATER DEPT/TYPEWRITER-$303.00- -ENGINEERING DEPT/EQUIPMENT REPAIR-CITY HALL/PARK & REC DEPT -SERVICE-AUGUST 88 PEST EXTERMINATING/FIRE DEPT/ROUND LAKE PARK WATER TESTS-WATER DEPT -PAPER PLATES/SILVERWARE/NAPKINS-SENIOR CENTER -AIR CONDITIONING REPAIR/COOLING TOWER -SPRAY PUMP REPAIR/JULY 88 MAINTENANCE AGREEMENT-POLICE BUILDING MILEAGE-COMMUNITY CENTER MILEAGE-COMMUNITY CENTER EXPENSES-OUTDOOR ADVENTURE 311.00 5165.47 50.00 1710.00 106.08 78.25 18.69 79.00 1172.00 37.00 1.50 19.50 208090.00 5097.00 198.00 226.59 853.28 135.00 88.00 85.00 136.80 74.10 116.91 75.00 219.90 202.50 413.91 22.71 40.34 185.98 2778.00 1088253.52 438.00 67.50 443.95 271.00 54.00 22.50 1061.00 18.75 62.83 10.23 44573 NORWEST BANK MPLS NA 44574 NU METRICS INSTRUMENTATION 44575 OCHS BRICK & TILE CO 44576 OFFICE PRODUCTS OF MN INC 44577 ORKIN EXTERMINATING COMPANY INC 44578 PACE LABORATORIES INC 44579 PAPER WAREHOUSE 44580 T A PERRY ASSOCIATES INC 44581 CONNIE L PETERS 44582 MARGE PETERSON 44583 PAM PETERSON 131849079 AUGUST 16,1988 44584 THE PINK COMPANIES CLEANING SUPPLIES-POLICE BUILDING 44585 PITNEY BOWES -POSTAGE METER/SCALE/TAPE UNIT/MOISTENER- POLICE FORFEITURE-DRUGS • "4586 PLEHAL BLACKTOPPING INC PAVER RENTAL-STREET MAINTENANCE 1587 PRAIRIE ELECTRIC COMPANY INC OUTSIDE LIGHT MAINTENANCE-POLICE BUILDING 44588 PRAIRIE LAWN & GARDEN -ICE SHAVER REPAIR-COMMUNITY CENTER/ GENERATOR REPAIR-EQUIPMENT MAINTENANCE 44589 QUALITY INDUSTRIES INC TOT SEAT SAFETY ROD-PARK MAINTENANCE 44590 R & R SPECIALTIES INC -OIL FILTER/BRUSH HEAD-ICE ARENA-COMMUNITY CENTER 44591 GARY RADTKE MILEAGE/EXPENSES-FIRE DEPT 44592 REAL ESTATE GRAPHICS INC OFFICE SUPPLIES-ASSESSING DEPT 44593 AAGE REFFSGAARD EXPENSES-BUILDING DEPT 44594 SUSAN RICHTER REFUND-OVERPAYMENT UTILITY BILLING 44595 ROGER'S SERVICE ALTERNATOR/STARTER-EQUIPMENT MAINTENANCE 44596 KEVIN ROQUETTE EXPENSES-AFTERNOON PLAYGROUND 44597 KEVIN D ROSS GOLF INSTRUCTOR/FEES PAID 44598 SAFETY KLEEN CORP -CLEANER/BRUSH ASSEMBLY/TROUBLE LIGHT- -EQUIPMENT MAINTENANCE/EQUIPMENT RENTAL- PARK MAINTENANCE 44599 THE SANDWICH FACTORY EXPENSES-HUMAN SERVICES 44600 SALLY DISTRIBUTORS INC -PLANES/PADDLE BALLS/JUMP ROPES/FANS/ -GLASSES/HEADDRESSES/PENCILS/SAUCERS/ ARROWS/SNAKES-AFTERNOON PLAYGROUND 44601 SARGENT WELCH SCIENTIFIC COMPANY FILTER PUMP-WATER DEPT 44602 SAVOIE SUPPLY CO INC -FLOORING/CLEANING SUPPLIES-PUBLIC WORKS BUILDING 44603 MARK SCHMIDT TENNIS INSTRUCTOR/FEES PAID 44604 SCHMIDT READY MIX INC CEMENT-STREET MAINT/PARK MAINT '605 SCIENTIFIC PRODUCTS DIVISION LAB SUPPLIES-WATER DEPT 606 SEARS 30 LIFE JACKETS-PARK MAINTENANCE 44607 SETTER LEACH & LINDSTROM INC SERVICE-COMMUNITY CENTER REPAIR 44608 SHAKOPEE FORD INC -RELAY SWITCH/DRIVE BELT/PUMP ASSEMBLY/ RELAY ASSEMBLY-EQUIPMENT MAINTENANCE 44609 M SHANKEN COMMUNICATIONS INC SUBSCRIPTION-LIQUOR STORE 44610 SHUR TOOL SUPPLY INC HEARING PROTECTORS-STREET MAINT 44611 SIDESHAW PRODUCTIONS MAGICIAN-HISTORICAL & CULTURAL COMMISSION 44612 SNAP ON TOOLS CORP -GRIND BURR/SCREWDRIVER/SCREWDRIVER SET- EQUIPMENT MAINTENANCE/PARK MAINTENANCE 44613 ANGIE SOCHER EXPENSES-AFTERNOON PLAYGROUND 44614 JODI SORRELL TENNIS INSTRUCTOR/FEES PAID 44615 SOUTHWEST AUTO SUPPLY INC -WIRE TIES/ADHESIVES/BRAKE CABLE/BRASS -FITTINGS/WATER PUMP/GATES/JUMPER CABLES/ -THERMOSTAT/EXHAUST EXCHANGE/FILTERS/ -CLEANERS/GASKETS/TUBING CUTTER/FLASHERS/ -BRAKE SHOES/MUFFLER/TEMPERATURE CONTROL/ POWER BRAKES-EQUIPMENT MAINT/PARK MAINT 44616 STREICHERS PROFESSIONAL POLICE EQ -VESTS/FLASHER/AMMUNITION/FLAS H L I G H T -HOLDER/LIGHTS-POLICE DEPT/GUN STOCKS/SIDE -GRIPS/PISTOLS/MAGAZINES/CASES-POLICE FORFEITURE-DRUGS 44617 STS CONSULTANTS LTD SERVICE-WATER PLANT EXPANSION 44618 EMMETT STARK COMMUNITY BAND DIRECTOR/FEES PAID 44619 SUBURBAN CHEVROLET -ENGINE REPAIR/BUSHING/LEVER ASSEMBLY/ -RESEAL TUBES/WIRING REPAIR/INJECTOR/ -MIRROR/RADIO CABLE-EQUIPMENT MAINT/WATER 3999316 465.00 2653.06 1211.25 132.60 61.52 21.27 78.30 231.06 23.00 10.00 27.14 127.70 4.51 258.00 116.00 53.39 143.20 25.89 2512.50 112.50 700.03 48.91 449.70 23884.18 150.35 60.00 62.85 200.00 86.59 15.78 204.00 2551.70 1505.49 77.14 880.00 848.55 DEPT -SERVICE-LOCATE WATER SERVICE & EXTEND TO PROPERTY LINE/WASTE DISPOSAL-PARK MAINT SOFTBALL OFFICIAL/FEES PAID VIDEO CASSETTE-FIRE DEPT OXYGEN-EQUIPMENT MAINT/PARK MAINT ADVERTISING-LIQUOR STORE SOFTBALL OFFICIAL/FEES PAID CLEANING SUPPLIES-WATER DEPT MOBILE RADIO-POLICE FORFEITURE-DRUGS CHEMICALS-WATER DEPT -BELT & PROPELLERS FOR CHEMICAL FEEDER- WATER DEPT -JUNE 88 TELEPHONE WIRE MAINTENANCE-SEWER DEPT CHEMICALS-POOL-COMMUNITY CENTER -WRENCHES/SOCKET SETS/CHISEL SET/HACK SAW -FRAME/RACHETS/CUTTING PLIERS/WHEEL LUG -SET/TRANSMISSION WRENCH-WATER DEPT/SEWER DEPT/EQUIPMENT MAINTENANCE -1 METER-$535.50/LAB SUPPLIES/METER ADAPTOR/ELECTRODES/CABLE-WATER DEPT GLOBE-SEWER DEPT -KEYS/CLAW HAMMER/REMOTE/CURB STOP/CURB -BOX/VALVES/COUPLINGS/TUBING CUTTERS/CABLE/ -GASKETS/CLAMPS/PLUGS/PVC PIPE-WATER DEPT/ SEWER DEPT SERVICE-FIRE STATIONS 3 & 4 SOFTBALL OFFICIAL/FEES PAID SIGNS-SENIOR CENTER TIRES-WHEEL ALIGNMENT-EQUIPMENT MAINT 1ST AID SUPPLIES-WATER DEPT/PARK MAINT SERVICE-JULY 88 WATER TESTS 44620 SULLIVANS SERVICES INC 44621 BRAD SWANSON 44622 SYNDISTAR INC "4623 TWIN CITY OXYGEN CO ,624 TV FANFARE 44625 DARREL ULRICH 44626 UNITED LABORATORIES INC 44627 US WEST CELLULAR INC 44628 VAN WATERS & ROGERS 44629 VESSCO INC 44630 VICOM INC 44631 VIKING LABORATORIES INC 44632 CLAYTON G VNUK 44633 VWR SCIENTIFIC 44634 WALDOR PUMP & EQUIP CO 44635 WATER PRODUCTS CO 44636 WATSON FORSBERG CO 44637 BILL C WERNER 44638 WILSON TANNER GRAPHICS 44639 YOUNGSTEDTS INC 640 ZEE MEDICAL SERVICE ,641 CITY OF EDINA 44112 VOID OUT CHECK 44161 VOID OUT CHECK 44267 VOID OUT CHECK 44268 VOID OUT CHECK 44274 VOID OUT CHECK 44311 VOID OUT CHECK 5155974 1305.51 15.00 115.00 55.86 130.00 15.00 368.91 799.00 1862.50 991.80 310.99 125.19 982.75 656.17 140.40 2820.70 102294.00 15.00 66.60 154.85 92.25 156.00 550.80- 797.08- 12.31- 55088.45- 5384.23- 80.87- $2051418.90 10.9 DISTRIBUTION BY FUNDS 115814.36 7516.98 23650.00 12603.41 15226.79 50.00 4509.26 56830.43 150897.78 4809.26 102294.00 72962.50 50757.44 275375.14 118238.06 59686.45 119967.63 6982.84 63976.11 1228.83 2186.38 785855.25 10 GENERAL 11 CERTIFICATE OF INDEBT 12 CERTIFICATE DEBT FD 15 LIQUOR STORE-P V M 17 LIQUOR STORE-PRESERVE 20 CEMENTARY OPERATIONS 21 POLICE FORFEITURE 31 PARK ACQUIST & DEVELOP 33 UTILITY BOND FUND 36 P/S & P/W BOND FUND 39 86 FIRE STATION CONST 40 86 FIRE STATION DEBT 44 UTILITY DEBT FUND 45 UTILITY DEBT FD ARB 48 82 G 0 DEBT-P/S & P/W 51 IMPROVEMENT CONST FD 55 IMPROVEMENT DEBT FUND ARB 57 ROAD IMPROVEMENT CONST FD 73 WATER FUND 77 SEWER FUND 81 TRUST & ESCROW FUND T I F DEBT FUND $2051418.90 1(3 '3 0 ROBERT I LANG ROGER A PAULO DAVID H. GREGERSON• RICHARD F ROSOW MARK 1 JOHNSON JOSEPH A. NILAN JOHN W. LANG. CPA LEA M. DP SOUZA RICHARD D. ROAN JEFFREY C. APPELOUIST JUDITH K. DUTCHER • Alm Ay 'homed lo Nowt w44.4NA LANG, PAULY & GREGERSON. LTD ATTORNEYS AT LAW 230 SUBURBAN NATIONAL BANK BUILDING 300 PRAIRIE CENTER DRIVE EDEN PRAIRIE, MINNESOTA 55344 TELEPHONE: (612) 829-7355 July 29, 1988 41113 2 1990 MINNEAPOLIS OFFICE 4400 IDS CENTER BO SOUTH EIGHTH STREET MINNEAPOLIS. MINNESOTA 55402 16I2) 3111.0735 FAX 1612)34040111 REPLY TO EDEN PRAIRIE OFFICE Mr. Carl Jullie City Manager City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344-3677 Dear Carl: Enclosed please find an Ordinance authorizing various persons holding various positions on the City staff to issue citations in lieu of arrest or continued detention. This is necessitated by changes in State law requiring that City employees must have specific authorization to issue citations in lieu of arrest. The designation of persons who have this authority is quite broad for the reason that violations of City code may fall under the enforcement of the various City departments. RAP/ew Enclosure ORDINANCE 140. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 2 BY ADDING NEW SECTION 2.32 RELATING TO AUTHORITY TO ISSUE CITATIONS, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1, EXCEPT SECTIONS 1.03, 1.06 and 1.09: THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Eden Prairie City Code Chapter 2 is hereby amended by adding new Section 2.32 as follows: SEC. 2.32. ISSUANCE OF CITATIONS. The following employees of the City of Eden Prairie, while in the course and scope of the performance of their duties as an employee, may issue citations in lieu of arrest or continued detention: 1. City Manager. 2. Peace Officers and Part-Time Peace Officers. 3. Reserve Officers. 4. Animal Control Officers. 5. Community Service Officers. 6. Director Inspections/Building Official. 7. Inspector. S. Plan Reviewer. 9. Director Public Works. 10. City Engineer. 11. Assistant City Engineer. 12. Design Engineer. 13. Staff Engineer. 14. Superintendent-Street. 15. Superintendent-Water. 16. Foreman-Streets. 17. Foreman-Water. 1962 18. Sr. Engineering Technician. 19. Engineering Technician. 20. Director Planning. 21. Sr. Planner. 22. Planner I. 23. Planner II. 24. Fire Chief. 25. Fire Marshall. 26. Fire Inspector. 27. Director of Parks, Recreation and Natural Resources. 28. Superintendent-Parks. 29. Environmental Services Manager. 30. Park Planner/Landscape Architect. 31. Tree Inspector. 32. Foreman-Parks. Section 2. City Code Chapter I entitled "General Provision s and Definitions Applicable to the Entire City Code Includi n g Penalty for Violation" except for Sections 1.03, 1.06 and 1 . 0 9 is hereby adopted 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 -2- a regular meeting of the City Council of said City on the day of , 1988. ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1988. -3- MEMORANDUM TO: FROM: SUBJECT: DATE: Mayor and City Council City Manager Carl J. Jullie Date for Mid-Year Strategic Plan Review August 11, 1988 As you know, the Council had planned to meet Tuesday, September 13 to have a mid-year review of the strategic plan. Unfortunately, this is the date on which primary elections will be held, and we will be unable to hold this meeting that evening. Three meeting times remain available, and when Councilmembers were asked if these dates would have schedule difficulties, none responded that there would be a problem. These dates and times are: Tuesday, September 27, 5 PM - 9 PM Saturday, September 10, 9 AM - 1 PM Saturday, September 17, 9 AM - 1 PM Council has indicated a preference to have special meetings held on Tuesday evenings. Facilitator Barbara Arney has related that the September 27 date would work best for her. It is recommended that the mid-year strategic plan review session be scheduled for Tuesday, September 27, from 5 PM to 9 PM. CJJ:jdp MEMORANDUM TO: THROUGH: FROM: SUBJECT: DATE: Mayor and City Council City Manager Carl J. Jullie Assistant to the City Manager Craig W. Dawson& Waste Management Commission August 4, 1988 Earlier this summer, the City Council requested that the str u c t u r e o f a w a s t e management commission be developed and that an ordinance be p r e p a r e d t o c r e a t e this advisory body. While Council discussion focused on sol i d w a s t e m a n a g e m e n t and abatement matters, Councilmembers agreed the scope of re s p o n s i b i l i t y o f t h e proposed commission be broad so that it may include other env i r o n m e n t a l w a s t e issues which could emerge in the future. Accordingly, the o u t l i n e f o r a w a s t e management commission has been prepared. Enabling Ordinance: A broad ordinance establishing a waste management commission has been prepared. Simply put, the duties of the c o m m i s s i o n w o u l d b e to advise the Council on the management of the following envi r o n m e n t a l w a s t e s : I) solid waste; 2) liquid waste (including swage); 3) hazardous waste; 4) nuclear waste; 5) other wastes which may be identified. The commission would also keep informed about actions and r e q u i r e m e n t s m a d e b y other units of government and their impact upon the City. F i n a l l y , t h e commission would establish programs to disseminate informa t i o n r e g a r d i n g w a s t e management practices within the City. A commission comprised of seven members is suggested, as ar e t h r e e - y e a r staggered terms. Other Models of Waste Management Commissions: Apparently, no other community in the Twin Cities area has a c o m m i s s i o n s u c h a s the one contemplated hy the Eden Prairie City Council. Env i r o n m e n t a l w a s t e issues, particularly in the area of solid waste, have been a d d r e s s e d b y c i t i e s with the use of ad hoc task forces or committees. Several c i t i e s h a v e t a k e n a slightly different tack by folding solid waste abatement in t o t h e responsibilities of energy awareness and conservation commi t t e e s w h i c h w e r e formed during the energy shortages of the early 1980s. Two cities have standing advisory commissions on solid wast e m a n a g e m e n t . T h e City of Ramsey established its Landfill Advisory Commission i n O c t o b e r 1 9 8 6 i n order to make recommendations regarding waste management, la n d u s e , a n d infrastructure issues in and around the landfill owned and o p e r a t e d b y W a s t e Management of Minnesota, Inc. In November 1974, the City of E d i n a c r e a t e d a Recycling Commission in order to establish and operate a rec y c l i n g c e n t e r . I n recent years, commission members have advised the City Counc i l r e g a r d i n g t h e broader scope of recycling. Staff members from each city str e s s e d t h a t c l e a r direction from the City Council in expectations and responsi b i l i t i e s i s necessary for effective commission participation. -2- Charge to the Commission: While the proposed ordinance language is necessarily broad for flexibility in future circumstances, the Council may wish to consider a specific charge to begin the Commission's work. Because Council discussion to date has focused on solid waste management issues, the following charge could be made. The City of Eden Prairie wishes to have a responsible and effective system to manage solid waste and minimize the amount of waste to be placed in sanitary landfills. The Waste Manaement Commission shall examine the waste management system as it now exists in Eden Prairie, the waste abatement programs and facilities to be implemented by public and private organizations, legislative mandates from other governments and their effects on the City, and the plans prepared by the City to abate solid waste from landfills. The Commission shall also seek public comment to assess preferences in solid waste abatement measures. Commission members shall develop plans for, and participate in the dissemination of information on solid waste abatement programs to be made available by the City, other governmental agencies, and private companies. Alternatively, Council could appoint Commission members and allow them to develop their own plan and priorities. Membership: Membership could be based at large" from residents and employees in the City, or could have members appointed to represent specific interested groups such as environmentalists, teachers, civic organiations, trash haulers, refuse processors, businesses, and multi-family developments. It is suggested that membership be kept "open", but that Council consider diverse representation where possible when making appointments to the Commission. Recommendation: If Council wishes to create this commision, it is appropriate that Council approve the first reading of Ordinance No. 34-88 as proposed and may be amended. It is further recommended that Council adopt and/or amend the proposed charge to the Commission as well as make a determination on the size and representation of its membership. CWD:CJJ:jdp CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 34-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIT], MINNESOTA, AMENDI N G CITY CODE CHAPTER 2 BY ADDING NEW SECTION 2.19 ESTABLISHING A WASTE MANAGEMENT COMMISSION THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Eden Prairie City Code Chapter 2 is hereby amended by adding new Section 2.19 as follows: SEC. 2.19 WASTE MANAGEMENT COMMISSION Subd. 1. Establishment and Composition. A Waste Manage- ment Commission composed of seven (7) members, is hereby established for the purpose of advising the Council in all matters of waste management as they affect the City. Comm i s s i o n members shall either be residents of the City or employed w i t h - in the City. The members shall be appointed as follows: Thr e e members for terms of three years, two members for terms of t w o years and two members for terms of one year. Upon expirat i o n of initial terms, subsequent terms shall be for three years each. A term shall continue until the member's successor h a s been appointed and qualified. Subd. 2. Duties. The duties of the Waste Management Commission are to advise the Council concerning the followi n g : A. Review and make recommendations regarding the management of environmental wastes: solid; liquid (includi n g sewage); hazardous; nuclear; and other wastes. B. Keep informed about actions and requirements made by other units of government and their impact upon the C i t y . C. Establish programs to disseminate information to residents regarding aspects of waste management practices wi t h i n the community and those actions and/or programs the City ma y conduct to address such issues. Section 2. City Code Chapter I entitled "General Provi- sions and Definitions Applicable to the Entire City Code Including Penalty for Violation" except Sections 1.03, 1.06 and 1.09 is hereby adopted 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 this day of , 1988, and finally read and adopted and ordered published at a regular meet- ing of the City Council of said City on the day of , 1988. ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the , 1988. day of MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation and Natural Resources Commission Historical and Cultural Commission Carl Jullie, City Manager Bob Lambert, Director of Parks, Recreation & Natural Resources August 12, 1988 Staring Lake Park Improvements Earlier this year, the City staff requested authorization to obtain bids for improvements to Staring Lake Park including construction of an amphitheater with a stage for performing arts, expansion of the parking facilities and improvements to the entryway of the Staring Lake Park shelter. Attached is a memorandum from Barbara Cross, Landscape Architect, for this project that summarizes the input the staff received on the design for this project that caused the original project with a cost estimate of $97,150 to grow to a project that received a low bid of $231,011. Staff have reviewed possible methods for cutting the project and reducing the cost by $20,000-$30,000, however, that price is still a long way from the original cost estimate of approximately $100,000. Due to the cost of repairing the Community Center and the inability to project when and how much money might be reimbursed through litigation, the cash park fee fund (Fund 30) does not have sufficient balance to fund even some of the projects committed for 1988, much less a project that exceeds the estimate by over $100,000. The Fund 30 balance as of December 31, 1987 was $938,592. The amount of cash park fees that have been collected from January 1, 1988 until June 30, 1988 totaled $296,999. The amount of cash park fees spent from January 1, 1988 until June 30, 1988 was $450,521, leaving a balance of $785,070 as of July 1, 1988. Other commitments to be paid out of the $785,000 fund balance total the following: 1. Acquisition of parkland: Riley Lake Park - $150,000 (estimate) Wyndham Knoll Park - $20,000 Purgatory Creek Recreation Area - $200,000 (estimate) Total Park Acquisition = $370,000 2. Park Development: Eden Lake Elementary Playground - $15,000 Willow Park Playground - $8,000 Wyndham Knoll Playground - $8,000 Round Lake Irrigation - $15,000 Staring Lake Park - $100,000 (original estimate ) Frani° Park Irrigation - $35,000 Total Park Development = $181,000 3. Community Center Phase II Repair - $410,000 4. Park Planning - Update of Comprehensive Park Pl a n - $ 6 8 , 0 0 0 The estimated cash park fees expenditures for t h e r e m a i n d e r o f 1 9 8 8 o f t o t a l $1,290,000. If you subtract the fund balance o f $ 7 8 5 , 0 7 0 t h a t w a s a v a i l a b l e as of July 1, 1988, there is a deficit of $24 3 , 9 3 0 . I f t h e C i t y c o l l e c t s t h e same amount of cash park fees in the last half o f 1 9 8 8 t h a t w e r e c o l l e c t e d i n the first half of 1988, there would be a fund b a l a n c e o f $ 5 3 , 0 6 9 . This is all predicated on the City only spe n d i n g $ 1 0 0 , 0 0 0 a t S t a r i n g L a k e Park. If the City accepted the low bid of $23 1 , 0 0 0 a n d i f t h e C i t y w e r e a b l e to collect the same amount of money in cash p a r k f e e s i n t h e l a s t s i x m o n t h s as was collected in the first six months of 19 8 8 , t h e r e w o u l d b e a d e f i c i t o f $77,931. Staff recommends the City Council reject all b i d s f o r t h e S t a r i n g L a k e P a r k Improvement Project for this fall and consider i n c l u d i n g t h a t p r o j e c t i n t h e next park bond referendum, or wait until the ca s h p a r k f e e f u n d h a s s u f f i c i e n t funds to cover this project. BL:mdd /q,710 A MEMORANDUM TO: Bob Lambert, Director of Parks, Recreation & Natural Resources FROM: Barbara Penning Cross, Landscape Architect DATE: August 10, 1988 SUBJECT: Bids for Staring Lake Amphitheater A concept plan for an amphitheater at Staring Lake Park was first developed in November 1987. An initial cost estimate was done at that time including grading for a new ballfield and amphitheater, retaining walls for the seating, stage construction and parking lot expansion for 60 cars. The cost estimate at that time was $97,150. The completed drawings were presented at a Lioness' meeting where the Lioness' agreed to donate $15,000 toward the cost of the stage over a 3 year period. Plans for the amphitheater continued and input was gathered from all factions. Groups that saw the plans and provided input on how they would like to see the amphitheater develop are: the Historical and Cultural Commission, the Performing Arts Committee, the Parks, Recreation and Natural Resources Commission, the Park Maintenance Supervisor and Foreman, the Community Band Director, the Parks, Recreation and Natural Resources Department staff. Many ideas were discussed and the plan changed to best meet the needs of all of these groups. Some of the additions to the original plans are listed: - Expand parking to fit the available space and get as many parking spaces as possible. The plan now accommodated 143 additional cars or total parking for 203 cars. - The angle of the steps down to the stage was changed to allow better seating there by enlarging the paved area of the plaza, which was thought desirable to increase areas where food vendors could be. - A concrete base was added on the bottom two tiers for more bleacher like seating. - The timber retaining walls were changed to allow for dry seating and easy maintenance. - The stage design was changed to incorporate a smaller 8'x25' platform as part of the steps up to the stage. - Railings were added to meet City Code requirements. - A new 200 amp electrical service was added to the plans in order to accommodate the electrical needs of performances. - A number of outlets mounted onto the stage and in the plaza area were added to accommodate lighting, speakers, etc. - Lighting was added to the parking lot, and to the amphitheater plaza for safety and accessibility. 10,13f?), Empty conduit and empty junction boxes were added to accommodate the sound system, which will be needed and added later. Sod instead of seed was used for the stage and amphitheater area to allow more time for the turf to get established before it is used next season. The front of the existing building is in need of repair and improvements for a plaza to match the amphitheater plaza were also added to the original plan. As long as work was being done in Staring Lake Park, an additional parking lot, holding 200 cars, was added on at the Outdoor Center to handle overflow parking during special programs and events. The revised plans were advertized and went out for bids August 2nd. Bids were received and opened August 10th. Seven bids were received with prices ranging from $231,011 to $286,944.75. A breakdown of the bids is attached to this memo. BPC:mdd oJC I sssgsgsgsgsgsgslegssgssgsg sggsss tIvigRitgi g oii s i s ligi psss 4 s ss i ss 2 a. 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E A BB '' lg. a P 1 r 888888888 888 8 8888888 8 8888 "P EI R" !gg g BgKB 222 E 1 gs ! 228 iizas4 „lir, S 822888888888 8 8888 18 g l="2522$ slii i /14 ji / 2 1 2= I I 23 1" IR 8 1" 1.1 88888888*ssss 28888888 8 * t ER/s/R/FER 221/4/422 •asg gi ssi g ;lig i s i s 8888888822888 s ssss 1 1=2"12122/ =ii /18/ I 11 1 Illill!!!! "1 i !!1' hm!!!!! 2 2 !!2 , ggIAEli-u- 1§; F .1 if 21 Illiql 1 ;11 fl 2 a - 9 1 4 *** * **** 0 OD -MEMORANDUM- TO: Mayor Peterson and City Council Members FROM: Alan Gray, P.E. City Engineer DATE: August 11, 1988 RE: Water Pressure Booster Systems for Individual Homes The Engineering Division has completed an evaluation of water distribution system operating pressures in single family residential neighborhoods located at higher elevations in the northeast area o f the City. During periods of normal water demand the hydraulic gradient measured at the Baker Road reservoir will vary between eleva- tions 1,070 and 1,040. Allowing for normal distribution system friction losses, structures located at elevations 950 and above, may anticipate water pressures below 30 psi on a daily basis. In the recently completed residential subdivision of Bryant Pointe all but two of twenty-six single family homes are anticipated to have basement elevations of 950 or higher. We also anticipate a small number of new homes to be constructed in the subdivision of Cardinal Ridge and Shady Oak Ridge at basement elevations above 950. Several other communities within this metropolitan area experienced the same condition with structures on isolated segments of high topography. A solution which is found to be cost effective in other communities is the installation of individual water pressure booster pumps. A booster pump similar to a low pressure well pump, together with a pressure tank, is installed within the structure. The pump is sized to meet the anticipated demand of the business or residence it serves. A pumping capacity of approximately 10 gpm is adequate for single family residences. Larger pumps are required for commercial or multi-family structures. Elevation is a unique feature of a property as are soils and vegetation. Development costs will vary depending on soil types , vegetaticn, and in the case of uniquely high properties, the potentia l cost for boosting water system operating pressures in indidua l structures. All properties within the City, regardless of land use, are assessed the same per-acre-rate for trunk sewer and water. It is our opinion that in areas where the land use is single family an d structure elevations are at or above 950, it would be appropriate that the trunk water fund participate in a portion of the cost for wate r ILI Page 2 of 2 WATER PRESSURE BOOSTER SYSTEMS MEMO pressure booster systems in individual structures. We would there- fore, recommend that the trunk water fund be authorized to furnish individual water pressure booster systems for installation in single family homes meeting the following criteria: Basement elevation at or above 950; Water pressure below 35 psi during period of normal water demand The individual water pressure booster systems would be purchased by the City and furnished to homeowners for installation in individual structures. Homeowners would be responsible for installation and maintenance costs of the systems. Furnished systems and components would include a pump, pressure tank, vacuum release valve, gate valve and check valve. The estimated cost to the City trunk fund to purchase system components for a single residence is $685.00. This policy would be similar to a policy currently in effect in the City of Minnetonka which has similar isolated areas of high elevation. Installation costs at the time of home construction is estimated at $200.00. Installation in existing homes will vary and may range from $250.00 to $450.00. The operations and maintenance costs would be similar to a standard residential well pump. Attached to this memo is a summary of a telephone survey of othe r metropolitan communities regarding water pressure booster systems for indivdual structures. ADG:ss COMMUNITY SURVEY WATER PRESSURE BOOSTER SYSTEM COMMUNITY LOW PRESSURE AT FURNISHES BOOSTER MAINTENANCE HIGH ELEVATIONS PUMP SYSTEM Egan Yes Yes - when pressure By City below 35-40 psi Edina Yes No N/A Bloomington Plymouth Minnetonka No Yes Yes No N/A Developing policy Yes - when pressure By Homeowner at meter below 35 psi