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HomeMy WebLinkAboutCity Council - 12/20/1988AGENDA HOUSING & REDEVELOPMENT AUTHORITY 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 W. Dawson, Finance Director John Frane, City Attorney Roger Pauly, and Recording Secretary Deb Edlund TUESDAY, DECEMBER 20, 1988 HOUSING & REDEVELOPMENT AUTHORITY MEMBERS: HOUSING & REDEVELOPMENT AUTHORITY STAFF: I. CALL MEETING TO ORDER II. HRA RESOLUTION NO. 88-02 APPROVING REVISIONS TO THE TAX INCREMENT PRANCING PLAN Fig ELIM SHORES (Continued from December 13, 1988) III. ADJOURNMENT Page 3095 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 20, 1988 IMMEDIATELY FOLLOWING HRA MEETING COUNCILMEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE 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 Gene Dietz, and Recording Secretary Deb Edlund ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES III. CONSENT CALENDAR A. Clerk's License List B. Final Plat Approval for Bell Oaks Second (located north of Riverview Road in the north half of Section 36) Resolution No. 88-280 Page 3098 Page 3100 City Council Agenda - 2 - Tues.,December 20, 1988 C. Partial Release of Special Assessment for Lot 2 2_2. Page 3103 Bluffs East 4th Addition (Resolution No. 88-301) D. Final Plat Approval of Chestnut Place (located west of Anderson Page 3105 Lakes Parkway and north of Chestnut Drive) Resolution No. 88-300 E. Receive Petition and Order Feasibility Report for the Improvement Page 3107 of Riverview Road in Section 36 I.C. 52-151 (Resolution No. 88- 302) F. Final Plat Approval for Burger King, Eden Prairie Addition TI-Te-s-Olution No. 8-3UTT G. SUTLIFF PROPERTY. 2nd Reading of Ordinance No. 53-88, Zoning District Change from Rural to R1-13.5 on 0.95 acres; and Adoption Page 3111 of Resolution No. 88-287, Authorizing Summary of Ordinance No. 53- 88 and Ordering Publication of Said Summary. Location: 7070 and 7080 Eden Prairie Road. (Ordinance No. 53-88, Rezoning; Resolution No. 88-287, Authorizing Summary and Publication) H. MIS SYSTEMS CORPORATION ADDITION by MIS Systems Corporation. 2nd Paae 3115 Reading of Ordinance No. 55-88, Zoning District Change from Rural - to 1-5 on 36.8 acres; Approval of Addendum to Developer's Agreement for MIS Systems Corporation Addition; and Adoption of Resolution No. 88-288, Authorizing Summary of Ordinance No. 55-88 and Ordering Publication of Said Summary. 85,200 square foot addition to the MIS building. Location: South of Highway #5, north of Technology Drive, west of Purgatory Creek. (Ordinance No. 55-88, Rezoning; Resolution No. 88-288, Authorizing Summary and Publication) I. SHERWIN-WILLIAMS by Wirtanen Clark Larsen Architects, Inc. 2nd Reading of Ordinance No. 54-88, Zoning District Change from Rural to Commercial Regional Service on 1.01 acres, with variances to be reviewed by the Board of Appeals; Approval of Developer's Agreement for Sherwin-Williams; and Adoption of Resolution No. 88-289, Authorizing Summary of Ordinance No. 54-88, and Ordering Publication of Said Summary. 1.01 acres for one lot for construction of a retail paint store. Location: Along Plaza Drive in front of Menard's Center. (Ordinance No. 54-88, Rezoning; Resolution No. 88-289, Authorizing Summary and Publication) IV. PUBLIC HEARINGS A. ELIM SHORES. (Continued from 12/13/88) Resolution No. 88-294, Approving Housing Plan for Elim Shores B. ELIM SHORES. Tax Increment Financing Plan (Resolution No. 88-295) Page 3133 Continued from 12/13/88 C. OFFICIAL MAP T.H. 212 (Ordinance No. 63-88) Page 3135A D. STARVIEW TERRACE by Patrick Bauer. Request for Zoning District Page 3136 Change from Rural to R1-13.5 on 15.62 acres, Preliminary Plat of 15.62 acres into 30 single family lots, 2 outlots, and road right- of-way for construction of a single family development. Location: West side of Staring Lake, west of Mitchell Road. (Ordinance No. 60-88, Rezoning; Resolution No. 88-290, Preliminary Plat) Page 3109 Page 3123 Page 3130 City Council Agenda - 3 - Tues.,December 20, 1988 E. ARBY'S by Homart Development Company. Request for Zoning District Page Change from Rural and Public to C-Reg-Ser on 3.4 acres, Preliminary Plat of 3.4 acres into 2 lots for construction of a commercial restaurant. Location: East of Franlo Road, north of Prairie Center Drive, within the Eden Prairie Center property. (Ordinance No. 61-88, Rezoning; Resolution No. 88-291, Preliminary Plat) F. MARCUS DEVELOPMENT by Marcus Corporation. Request for Zoning Page 3155 District Change from Rural to C-Reg-Ser on 0.65 acres with variances to be reviewed by the Board of Appeals, Preliminary Plat of 1.61 acres into 2 lots and 1 outlot, for construction of a 3,300 square foot commercial building. Location: South of Prairie Center Drive, east of Highway #169, west of Joiner Way. (Ordinance No. 62-88, Rezoning; Resolution No. 88-292, Preliminary Plat) V. PAYMENT OF CLAIMS Page 3164 VI. ORDINANCES & RESOLUTIONS A. Findings Relating to City's Position on the Flying Cloud Airport Page 3165 Long Term Comprehensive Development Plan —Tiaster Plan) Interim Report dated November, 1988 (Resolution No. 88-299) VII. PETITIONS, REQUESTS & COMMUNICATIONS A. High School Building Expansion Plans VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager 1. New Conditions for On-Sale Intoxicating Liquor Licenses Mintinued from 11/15/88) 2. Request from City of Corcoran C. Report of City Attorney D. Report of Director of Planning E. Director of Parks Recreation & Natural Resources 1. Recommendation on Revised Cash Park Fees (Continued from 12/13/88) 2. Proposed Park Bond Referendum Process F. Report of Director of Public Works 1. Receive Southwest Area Study and Set Special City Council Meeting for Tuesday, January 24, Igg9 G. Report of Finance Director XI. NEW BUSINESS Page 3181 Page 3186 Page 3188 XII. ADJOURNMENT 3144 Page 3167 Page 3176 CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST December 20, 1988 1989 Licenses CONTRACTOR (MULTI-FAMILY & COMM.) Accent Communications, Inc. M. G. Astleford Company, Inc. Bor Son Building Corp. Centex Homes Corporation Feder Plumbing & Heating, Inc. Kohl enberger Construction Co. Mikkelson-Wulff Construction, Inc. Northwestern Mutual Life Olympic Pools, Inc. Opus Corporation Rome Corporation Trumpy Homes, Inc. CONTRACTOR (1 & 2 FAMILY) Bruce Bren Homes, Inc. Gestach Paulson Construction Harvey Homes, Inc. Johnson-Johnson & Johnson, Inc. Knob Hill Homes, Inc. Roger Kuechle Construction Lecy Construction, Inc. Dennis Lunski Construction, Inc. Minnesota Pool & Spa, Inc. Mowers Construction Company The Pemtom Company The Peter Andrea Company Professional Carpenter Rolyn Properties, Inc. Wensmann Homes, Inc. Wilson-Fisher Home Builders,Ltd. Tom Zerull Construction HEATING & VENTILATING American Heating & Air Conditioning Check Refrigeration, Inc. ON SALE LIQUOR & SUNDAY LIQUOR Abby's Restaurant Ciatti's Restaurant Edenvale Golf Course Green Streets of Eden Prairie Kabuki Restaurant Mexican Village Snax Bar & Grill Stars Restaurant ON SALE CLUB LIQUOR & SUNDAY LIQUOR Olympic Hills Corporation ON SALE WINE Beijing Chinese Restaurant Country Kitchen Detello's Pizza & Pasta PEDDLAR Gerald Alois Brill (firewood) Junior Careers (candy) Patrick Ronald Meyer (firewood) UTILITY INSTALLER United Sewer & Water 3.2 BEER ON SALE Lion's Tap 24-I/ A at Solie Licensing CLERK'S LICENSE APPLICATION LIST page two TYPE A FOOD Lunds, Ihc. Rainbow Foods TYPE B FOOD PDQ Food Store TYPE C FOOD Amaco Food Shop (Aztec Dr..) Amaco Food Shop (Co. Rd. 62) PUIQ Food Store Superamerica (W. 78th St.) 3.2 BEER OFF SALE Lion's Tap Rainbow Foods Superamerica (W. 78th St.) PDQ Food Store CIGARETTES Amaco Foods Shop (Aztec Dr.) Amaco Foods Shop (Co. Rd. 62) Canteen Company of MN., Inc. Lion's Tap PDQ Food Store Rainbow Foods Superamerica (W. 78th St.) These licenses have been approved by the department heads responsible for the licensed activity. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-280 A RESOLUTION APPROVING FINAL PLAT OF BELL OAKS SECOND ADDITION WHEREAS, the plat of BELL OAKS SECOND ADDITION has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for BELL OAKS SECOND ADDITION is approved upon compliance with the recommendation of the City Engineer's report on this plat dated December 13, 1988. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on December 20, 1988. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk ?I OC) 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 . f DATE: December 13, 1988 SUBJECT: BELL OAKS SECOND ADDITION PROPOSAL: The Developer, Bell Oaks Company, have requested City Council approval of the final plat of Bell Oaks Second Addition, a single family residential subdivision located north of Riverview Road, south of Purgatory Creek and east of County Road 18 in the north half of Section 36. This proposal is a replat of Outlot B Bell Oaks First Addition. The plat contains 14.98 acres to be divided into 26 single family lots, one Outlot and right-of-way dedication for street purposes. Outlot A contains 0.35 acres, ownership of which shall be retained by the Developer. HISTORY: The preliminary plat was approved by the City Council January 19, 1988 per Resolution 88-16. Second reading of Ordinance 8-88-PUD-1-88, changing zoning from Rural to R1-13.5-PUD-1-88, was finally read and approved at the City Council meeting held April 5, 1988. The Developer's Agreement referred to within this report was executed April 5, 1988. VARIANCES: All variance requests not approved with the Planned Unit Development District Review and zoning district change 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 plat shall be revised to include drainage and utility easements over the 100-year flood elevation of the proposed pond within Block 1. PAGE 2 OF 2 BELL OAKS SECOND ADDITION PARK DEDICATION: Prior to release of the final plat the Developer shall provide the City with a written scenic easement over the Purgatory Creek conservation area shown on the plat as a drainage and utility easement within Lots I 81 2 Block 3. The remaining requirements for park dedication are covered in the Developer's Agreement. BONDING: Bonding for municipal utilities and streets must be provided prior to release of the final plat and conform to City Code and the Developer's Agreement requirements. RECOMMENDATION: Recommend approval of the final plat of Bell Oaks Second 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 $850.00. 2. Receipt of street lighting fee in the amount of $3,564.00. 3. Receipt of engineering fee in the amount of $1,040.00. 4. Revision of plat to include drainage and utility easements over ponding area on Block 1 5. Receipt of scenic easement documents over the Purgatory Creek conservation area. 6. Revision of plat to include drainage and utility easements over all of Outlot A. JJ:ssa cc: Bell Oaks Company Ron Krueger & Associates CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 88-301 RELEASE FROM SPECIAL ASSESSMENT AGREEMENT BE IT RESOLVED that the City Council of the City of Eden Prairie concurs with the release of Lot 2, Block 2, Bluffs East Fourth Addition from that certain Special Assessment Agreement dated the 28th day of December, 1984 between the City of Eden Prairie and the Bluffs Company and hereby authorizes the Mayor and City Manager to sign the Release of Special Assessment. ADOPTED by the City Council of the City of Eden Prairie on December 20, 1988. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk (RES. 88-301) PARTIAL RELEASE OF SPECIAL ASSESSMENT - Abstract Property - Know All Men By These Presents, that the City of Ede n P r a i r i e , a m u n i c i p a l corporation organized under the laws of the Stat e o f M i n n e s o t a , f o r a valuable consideration, receipt whereof is hereby ac k n o w l e d g e d , d o e s h e r e b y forever discharge and release the tract of land lying a n d b e i n g i n t h e C o u n t y of Hennepin, State of Minnesota, described as follows: LOT 2, BLOCK 2 BLUFFS EAST FOURTH ADDITION From all claims and liens of and under that cer t a i n S p e c i a l A s s e s s m e n t Agreement dated the 28th day of December, 1984, b e t w e e n t h e C i t y o f E d e n Prairie and the Bluffs Company and filed for reco r d i n t h e o f f i c e o f t h e Register of Deeds in and for said County on the 1st d a y o f A p r i l , 1 9 8 5 , a n d recorded in as Document Number 4979260. THE CITY OF EDEN PRAIRIE By Its By Its ACKNOWLEDGEMENT The foregoing instrument was acknowledged before me th i s day of , 19 , by and by Prairie. and of the City of Eden Notary Public This Instrument was Drafted By: CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-300 A RESOLUTION APPROVING FINAL PLAT OF CHESTNUT PLACE WHEREAS, the plat of CHESTNUT PLACE has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for CHESTNUT PLACE is approved upon compliance with the recommendation of the City Engineer's report on this plat dated DECEMBER 14, 1988. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on DECEMBER 20, 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: December 14, 1988 SUBJECT: CHESTNUT PLACE PROPOSAL: The Developers, Chestnut Place Partners, have requested City Council approval of the final plat of Chestnut Place. Located at the northwest corner of Anderson Lakes Parkway and Chestnut Drive, the plat contains 1.69 acres to be platted intc one lot for the construction of an 8,320 square-foot neighborhood commercial center. HISTORY: Second reading of Ordinance 44-88, changing zoning district from RM-2.5 to Neighborhood Commercial was finally read and approved at the City Council meeting held on November 1, 1988. The preliminary plat was approved by the City Council at their meeting held September 20, 1988, per Resolution 88-211. The Developer's Agreement referred to within this report was executed November 1, 1988. VARIANCES: A variance for lot size was approved by the Board of Appeals. All other variance requests must be processed through the Board of Appeals. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement and shall conform to City Code. UTILITIES AND STREETS: All municipal streets and utilities necessary to serve this site are in place. A portion of the storm sewer for this project will be publicly owned and maintained. This storm sewer will be constructed in conformance with City Standards. Prior to release of the final plat the plat shall be revised to include drainage and utility easements over the publicly owned portion of the storm sewer. BONDING: Bonding shall conform to City Code requirements. RECOMMENDATION: Recommend approval of the final plat of Chestnut Place subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of engineering fee in the amount of $250.00. 2. Revision of plat to include drainage and utility easements over publicly owned storm sewer. JJ:ssa cc: Chestnut Place Partners Ron Krueger and Associates Paul Strother, Cluts, O'Brian, Strother c) J CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 88-302 RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT WHEREAS, a petition has been received and it is proposed to make the following improvements: I.C. 52-157 (Riverview Road in Section 36) 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 H.T.P.O., 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 December 20, 1988. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk Names of Petitioners ust Be Property Owners) 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) sic Sanitary Sewer fa/4-19 gatermain Storm Sewer Street Paving . Other Street Address or Other Legal Description of Property to be Served 136=1,C_ OAS (For City Use) Date Received Project No. Council Consideration re , CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-303 A RESOLUTION APPROVING FINAL PLAT OF BURGER KING EDEN PRAIRIE ADDITION WHEREAS, the plat of BURGER KING EDEN PRAIRIE ADDITION has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for BURGER KING EDEN PRAIRIE ADDITION is approved upon compliance with the recommendation of the City Engineer's report on this plat dated DECEMBER 15, 1988. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on DECEMBER 20, 1988. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 04) 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: December 15, 1988 SUBJECT: BURGER KING EDEN PRAIRIE ADDITION PROPOSAL: Burger King Corporation has requested City Council approval of t h e final plat of Burger King Eden Prairie Addition. Located i n t h e southeast corner of State Highway 5 and County Road 4, the plat c o n t a i n s 2.08 acres to be divided into two lots and right-of-way dedicat i o n f o r State Highway 5 and County Road 4. Lot 1 contains 1.50 acres an d i s t h e present location for the Burger King restaurant. Lot 2 contai n s 0 . 5 8 acres that will contain the proposed 3,000 square-foot Redburn O f f i c e Building. HISTORY: Second reading of Ordinance 45-88 changing zoning from Rural t o Office on 0.58 acres was finally read and approved by the City C o u n c i l November 1, 1988. The preliminary plat was approved by the City Council on Octob e r 4 , 1 9 8 8 per Resolution 88-224. The Developers Agreement referred to within this report was e x e c u t e d November 1, 1988. VARIANCES: All variance requests must be approved by the Board of Appeals. UTILITIES AND STREETS: All municipal streets and utilities necessary to serve this site are in place. There is a publicly owned storm sewer that bisects Lot 1 fr o m T e r r e y Pine Drive north to the Highway 5 right-of-way. Prior to relea s e o f t h e final plat, the plat shall be revised to show a drainage an d u t i l i t y easement over this publicly owned storm sewer. PARK DEDICATION: The requirements of park dedication are covered in the Developers Agreement and shall conform to City Code. BONDING: Bonding shall conform to City Code requirements. RECOMMENDATION: Recommend approval of the final plat of Burger King Eden Prairie Addition subject to the requirements of this repo r t , t h e Developers Agreement and the following: 1. Receipt of engineering fee in the amount of $250.00. JJ:ssa cc: Bud Redburn Spencer Kluegel Burger King Corporation '!3116 Sutliff Property CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 53-88 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 be removed from the Rural District and be placed in the R1-13.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are emended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. 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 15th day of November, 1988, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of December, 1988. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of EXHIBIT A That part of the Southern 120 feet of North 491 feet of Government lot 2 lying West of County Road No. 4 and East of a line running at right angles to the North line of said lot from a point therein distance of 1598.43 feet West from Northeast corner of section, and, That part of South 125 feet of North 616 feet of Government Lot 2 lying westerly of County Road No.4 and Easterly of a line running South as Measured at right angles from a point in North line of section distance of 1598.43 feet West from Northeast corner thereof. Sutliff Property CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-287 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 53-88 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 53-88 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of December, 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. 53-88, 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. 53-88 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 December 20, 1988. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk c') Sutliff Property CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 53-88 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: Summary: This Ordinance allows rezoning of land located at 7070 and 7080 Eden Prairie Road from the Rural District to the R1-13.5 District. Exhibit A included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1989. (A full copy of the text of this Ordinance is available from the City Clerk.) ?ALI MIS Systems Expansion CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 55-88 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 be removed from the Rural District and be placed in the 1-5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the 1-5 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. 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 15th day of November, 1988, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of December, 1988. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of V 3IK Lskt-i iBIT A PROPOSED REZONING LEGAL DESCRIPTION Thal part of Lot 1, Block 1, TECHNOLOGY CAMPUS which lies West of the East line the West 75 rods of the East half of the Northwest Quarter of Section 15, lying Southeasterly of the following described line: Commencing at a point of the East line of said West 75 rods lying 871.65 feet South of the Southerly right-of-way line of said Trunk Highway No. 5; thence deflecting right 67 degrees 24 minutes 31 seconds to said line lying 600 feet West of and parallel to the East line of said West 75 rods. ALSO That part of Lot 1, Block 1, TECHNOLOGY CAMPUS, which lies East of the West 75 rods of the East half of the Northwest Quarter of Section 15 lying Southeasterly of the following described line: Commencing at a point in the East line of said West 75 rods of the East half of the Northwest Quarter of Section 15, Township 116, Range 22 distant 871.65 feet South of the Southerly right-of-way line of said Highway No. 5; thence Northeasterly at an angle of 59 degrees 37 minutes 36 seconds with said line to the Southerly right-of -way line of said State Highway No. 5. EXCEPT that part lying Easterly of a line described as follows: Beginning at a point on the Southeasterly line of said Lot 1, distant 642.50 feet Southwesterly of the most Easterly corner of said Lot 1, thence North 38 degrees 33 minutes 13 seconds West,at right angles to the Southeasterly line of said Lot 1, a distance of 225.00 feet; thence North 0 degrees East to the Northerly line of said Lot 1, and there terminating. For the above rezoning legal descriptions, the West line of said Lot 1 is assumed to have a bearing ol North 0 degrees 38 minutes 02 seconds East, per the plat of Technology Campus. MIS Expansion SUPPLEMENT TO DEVELOPER'S AGREEMENT This Supplement to Developer's Agreement made and entered into as of this day of , 1988, by and between MIS Systems Corporation, a Minnesota corporation, hereinafter referred to as Developer, and the City of Eden Prairie, a municipal corporation, hereinafter referred to as "City;" WHEREAS, MIS Systems Corporation and City made and entered into a Developer's Agreement, dated July 20, 1982, for MIS Planned Unit Development (the "Developer's Agreement"); and, WHEREAS, the parties desire to amend said agreement for a portion of the property referred to in said agreement, that portion of the property being as described in Exhibit A, attached hereto and made a part hereof; NOW, THEREFORE, it is agreed by and between the parties thereto as follows: 1. The Developer's Agreement shall be and hereby is supplemented and amended in the following respects: A. Paragraph 1. shall be amended to read as follows: Developer shall plat and develop the property in conformance with the revised material dated November 3, 1988, reviewed and approved by the City Council on November 15, 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. B. There shall be added paragraphs 6. - 10. as follows: 6. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 7. Prior to release by the City of any permit for building on the property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for sanitary sewer, water, storm sewer, and erosion control for the property. Said plans shall include appropriate utility easements for the proposed utility extensions to the property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with the Exhibit C. attached hereto. 8. Prior to issuance of any building permit on the property, Developer agrees to submit to the Director of Planning, and to obtain the Director's approval of, plans for screening of the mechanical equipment on the property, both for the existing and proposed mechanical equipment for the structures. Said screening shall be designed and constructed with materials which are architecturally compatible with the exterior materials on the existing and proposed structures on the property. Upon approval by the Director of Planning, Developer agrees to implement, or cause to be implemented, those improvements listed above, as approved by the Director of Planning, in accordance with the terms and conditions of Exhibit C, attached hereto. 9. Developer shall notify the City and Watershed District at least 48 hours prior to grading on the property. 10. Prior to development beyond that represented in Exhibit 13, attached hereto, Developer agrees to submit to the City for review, and obtain the City's approval of information required for Site Plan Review, including, but not limited to, architectural elevations, site plans, grading plans, utility plans, landscaping plans, and other plans as may be required for further development or construction upon the property. The City's review process in this respect shall be consistent with that customarily afforded to all other developer's of 1-5 zoned property requiring site plan review prior to issuance of building permits. 2. MTS Systems agrees to all of the terms and conditions and accepts the obligations of the "Owner" under the Developer's Agreement, as amended and supplemented herein. '30 PROPOSED REZONING LEGAL DESCRIPTION hat part of Lot 1, Block 1, TECHNOLOGY CAMPUS which lies West of the East line the West 75 rods of the East half of the Northwest Quarter of Section 15, lying Southeasterly of the following described line: Commencing at a point of the East line of said West 75 rods lying 871.65 feet South of the Southerly right-of-way line of said Trunk Highway No. 5; thence deflecting right 67 degrees 24 minutes 31 seconds to said line lying 600 feet West of and parallel to the East line of said West 75 rods. AL9D That part of Lot 1, Block 1, TECHNOLOGY CAMPUS, which lies East of the West 75 rods of the East half of the Northwest Quarter of Section 15 lying Southeasterly of the following described line: Commencing at a point in the East line of said West 75 rods of the East half of the Northwest Quarter of Section 15, Township 116, Range 22 distant 871.65 feet South of the Southerly right-of-way line of said Highway No. 5; thence Northeasterly at an angle of 59 degrees 37 minutes 36 seconds with said line to the Southerly right-of-way line of said State Highway No. 5. EXCEPT that part lying Easterly of a line described as follows: Beginning at a point on the Southeasterly line of said Lot 1, distant 642.50 feet Southwesterly of the most Easterly corner of said Lot 1, thence North 38 degrees 33 minutes 13 seconds West,at right angles to the Southeasterly line of said Lot 1, a distance of 225.00 feet; thence North 0 degrees East to the Northerly line of said Lot 1, and there terminating. --'or the above rezoning legal descriptions, the West line of said Lot 1 is assumed to have a bearing of Aorth 0 degrees 38 minutes 02 seconds East, per the plat of Technology Campus. PROPOSED REZONING LEGAL DESCRIPTION 'hat part of Lot 1, Block 1, TECHNOLOGY CAMPUS which lies West of the East line the West 75 rods of the East half of the Northwest Quarter of Section 15, lying Southeasterly of the following described line: Commencing at a point of the East line of said West 75 rods lying 871.65 feet South of the Southerly right-of-way line of said Trunk Highway No. 5; thence deflecting right 67 degrees 24 minutes 31 seconds to said line lying 600 feet West of and parallel to the East line of said West 75 rods. ALSO That part of Lot 1, Block 1, TECHNOLOGY CAMPUS, which lies East of the West 75 rods of the East half of the Northwest Quarter of Section 15 lying Southeasterly of the following described line: Commencing at a point in the East line of said West 75 rods of the East half of the Northwest Quarter of Section 15, Township 116, Range 22 distant 871.65 feet South of the Southerly right-of-way line of said Highway No. 5; thence Northeasterly at an angle of 59 degrees 37 minutes 36 seconds with said line to the Southerly right-of-way line of said State Highway No. 5. EXCEPT that part lying Easterly of a line described as follows: Beginning at a point on the Southeasterly line of said Lot 1, distant 642.50 feet Southwesterly of the most Easterly corner of said Lot 1, thence North 38 degrees 33 minutes 13 seconds West,at right angles to the Southeasterly line of said Lot 1, a distance of 225.00 feet; thence North 0 degrees East to the Northerly line of said Lot 1, and there terminating. or the above rezoning legal descriptions, the West line of said Lot 1 is assumed to have a bearing of ,lorth 0 degrees 38 minutes 02 seconds East, per the plat of Technology Campus. 0,0 MIS Systems Expansion CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-288 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 55-88 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 55-88 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of December, 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. 55-88, 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 tne City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 55-88 shall be recorded in the ordinance book, along with proof of publication required by paragraph 8 herein, within 20 days after said publication. ADOPTED by the City Council on December 20, 1988. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk la! MIS Systems Expansion CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 55-88 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: Summary: This Ordinance allows rezoning of land located south of Highway #5, north of Technology Drive, west of Purgatory Creek, from the Rural District to the 1-5 District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of • 1989. (A full copy of the text of this Ordinance is available from the City Clerk.) Sherwin-Williams CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 54-88 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 RErERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Commercial Regional Service District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Commercial Regional Service District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph 13, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. 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 15th day of November, 1988, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of December, 1988. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of .31).;_) Exhibit A Legal Description Outlot C, MENARD'S 4TH ADDITION, Hennepin County, Minnesota. Sherman-Williams DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1988, by Sherwin-Williams Company, an Ohio corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from Rural to Commercial Regional Service on 0.968 acre and Preliminary Plat of 0.968 acre into one lot for construction of a 7,020 sq. ft. retail paint store, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the property;" NOW, THEREFORE, in consideration of the City adopting Ordinance #54-88, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall develop the property in conformance with the materials revised and dated November 10, 1988, reviewed and approved by the City Council on November 14, 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 manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to release of the final plat by the City, Developer agrees to apply for and obtain a variance for rear yard setback from the Board of Appeals. 4. Prior to release of the final plat for the property, Developer shall submit to the City, and obtain the City's approval of, executed cross-access easements which allow for access to Plaza Drive for the property from established access to Plaza Drive through the Menard's parcel to the north. :31as 5. Prior to release by the City of the final plat for 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 appropriate utility easements for the proposed utility extensions to the property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 6. Developer shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. 7. Prior to issuance of any building permit on the property, Developer agrees to submit to the Director of Planning, and to obtain the Director's approval of the following: A. Samples of the exterior building materials to be implemented on the property, including the textures, colors, and styles of said materials. B. An overall lighting plan, including size, color, and style of lighting standards to be implemented on the property. C. An overall signage plan, including size, color, and style of lettering, to be implemented on the property. Upon approval by the Director of Planning, Developer agrees to implement, or cause to be implemented, those improvements listed above, as approved by the Director of Planning, in accordance with the terms and conditions of Exhibit C, attached hereto. 8. Prior to issuance of any permit for building on the property, Developer agrees to submit to the Board of Appeals and to obtain the Board's for a variance from Chapter 11 of the City Code for minimum rear yard setback as depicted in Exhibit B, attached hereto. Sherwin Williams OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN SHERWIN WILLIAMS AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1988, by and between Menard's, Inc., a Wisconsin 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 #54-88 changing the zoning of the property owned by Owner from the Rural District to the Commercial Regional Service District, as more fully described in that certain Developer's Agreement entered into as of , 1988, by and between Sherwin Williams and City, Owner agrees with the City as follows: 1. If Sherwin Williams 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 l a') Sherwin-Williams CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-289 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 54-88 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 54-88 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of December, 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. 54-88, 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. 54-88 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 December 20, 1988. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 3 Sherwin-Williams CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 54-88 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: Summary: This Ordinance allows rezoning of land located along Plaza Drive in front of the Menard's Center, from the Rural District to the Commercial Regional Service District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1989. (A full copy of the text of this Ordinance is available from the City Clerk.) Councilmember introduced the following Resolution and moved its adoption: RESOLUTION NO. AUTHORIZING SUBMISSION OF A PROGRAM FOR THE CONSTRUCTION OF A MULTIFAMILY HOUSING DEVELOPMENT (ELIM SHORES, INC., PROJECT) TO THE MINNESOTA HOUSING AGENCY WHEREAS, pursuant to the Minnesota Municipal Housing Act, Minnesota Statutes, Chapter 462C (the "Act"), a City is authorized by its housing plan to carry out programs for the financing of multifamily housing for rental primarily to elderly and/or handicapped persons as described in Subdivision 4 of Section 462C.05; and, WHEREAS, the City Council of the City of Eden Prairie, Minnesota by Resolution 82-27 adopted on February 2, 1982, has heretofore approved a comprehensive guide plan and housing assistance plan (the "Housing Plan") following a public hearing required by and otherwise in compliance with the requirements of Section 462C.01(a)(b)(c) and Section 462C.04, Subd. 1; and WHEREAS, the Act (§462C.04, Subd. 2) requires approval of a program after a public hearing held thereon after publication of notice in a newspaper of general circulation in the City at least fifteen days in advance of the hearing; and WHEREAS, the City of Eden Prairie (the "City") has on November 15, 1988 conducted a public hearing, after publication of notice as required by the Act, for the Program for the Construction of a Multifamily Housing Development (Elim Shores, Inc. Project) (herein, the "Program") and issuance of housing revenue bonds to finance a housing development described in said notice (the "Project") to be owned by Elim Homes, Inc. or Elim Shores, Inc. (collectively, the "Company"); and WHEREAS, the Act further requires submission of the Program to the Minnesota Housing Finance Agency (the "MHFA") for its approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that: 1. The Program is hereby amended by revising the definition of "Qualified Project Period" to read as follows: (12) "Qualified Project Period" for the set aside of 20% of the Housing Units shall mean a period beginning on the later of the first day on which at least 10 percent of the units in the Projects are first occupied or the date of issue of the Bonds for the Project and ending on the date which is the earlier of (i) the date on which all Bonds are redeemed or (ii) the date which is 28 years after the date on which at least 50 percent of the units in the Project are first occupied, but in no event shall such period be less than 12 years from the date on which at least 50 percent of the units in the Project are first occupied. 2. The Program is further amended by the addition of the following sentence under Subsection C on Page 4 t h e r e o f : "The Company has requested the City to fund an interest write down program with tax increments from the Project." 3. The Program if further amended by revising the third sentence in the second paragraph to read as fo l l o w s : It is estimated that market rents for the Housing Uni t s will be between $620 and $1,160 and subsidized rents will range from $370 to $510 (as further described in the Tax Increment Financing Plan for the Elim Shores, Inc. Project). 4. That the Program (as amended) is hereby in all redpects adopted, and it is further found and determi n e d t h a t said Program (as amended) is consistent with the Cit y ' s H o u s i n g - Plan as presently constituted and approved by the Cit y a n d t h e Metropolitan Council. 5 The City Manager is hereby authorized to submit the Program (as amended) to the MHFA, and to do all o t h e r t h i n g s and take all other actions as may be necessary or app r o p r i a t e t o carry out the Program (as amended) in accordance with t h e A c t a n d any other applicable laws and regulations. Adopted by the City Council, the City of Ede.,:.rairie, Minnesota, this 13th day of December, 1988. Mayor City Clerk The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember , and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: Whereupon the Resolution was declared duly passed and adopte d . RESOLUTION NO. RESOLUTION GIVING APPROVAL TO A REVISED TAX INCREMENT FINANCING PLAN IN CONNECTION WITH THE ELIM SHORES, INC. PROJECT UNDER CHAPTER 469, MINNESOTA STATUTES. WHEREAS, the City of Eden Prairie, Minnesota (the "City") has established the Housing and Redevelopment Authority in and for the City of Eden Prairie (the "Authority") for the purpose, among others, to undertake tax increment projects under Minnesota Statutes, Chapter 469 (the "Act"); WHEREAS, Elim Homes, Inc., a Minnesota nonprofit corporation acting on behalf of itself and for Elim Shores, Inc., an affiliated Minnesota nonprofit corporation (collectively, the "Developer") has filed a proposal dated August 12, 1988 with the City (the "Proposal") requesting that the City and the Authority approve a project which will consist of the acquisition of the real property described on Exhibit A attached hereto and the construction thereon of a 64-unit housing facility and related common recreation and support facilities for rental to elderly persons and families of low and moderate income (the "Project"); and WHEREAS, the Developer has requested the approvalAat an interest reduction program for the Project as permitted by the Act (Minnesota Statutes §469.176, Subd. 4(b)) to be funded with revenues derived from a tax increment financing plan; and WHEREAS, based in part upon the representations of the Developer in the Proposal (in particular, pages 5 and 6 thereof) the Project is not reasonably expected to occur solely through private investment within the reasonable forseeable future and, accordingly, tax increment financing is deemed necessary to encourage the development of the Project and to serve the purposes of the Act as more fully set forth herein; and WHEREAS, based upon the Proposal and other information provided to the Authority, the Authority preliminarily determined on October 18, 1988 that it is necessary and appropriate to proceed with the Project and approved a Tax Increment Financing Plan on such date (the "Tax Increment Financing Plan"); and WHEREAS, pursuant to Minnesota Statutes 469.175, subd. 2 and 3, (i) all notices and information have been given in timely fashion to the members of the county board of commissioners and (ii) affected school districts have been given the opportunity to present their comments on the Tax Increment Financing Plan; and WHEREAS, earlier on this date the Authority adopted a resolution approving certain minor revisions to the Tax Increment Financing Plan (as revised, the "Revised Tax Increment Financing Plan"): NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE HEREBY RESOLVES AS FOLLOWS: 1. The Revised Tax Increment Financing Plan for Elim Shores Project as attached hereto as Schedule I is hereby incorporated by reference herein as if set forth in full herein, including (i) the establishment of the tax increment financing district as a housing district and (ii) the findings, expectations, estimates and determinations set forth therein. 2. The Tax Increment Financing Plan is hereby determined to be in full compliance with the provisions of the Act including, without limitation, Minnesota Statutes §469.175, Subd. 1 and is hereby approved. 3. The Interest Reduction Program authorized by the Authority on this date is hereby approved, ratified and authorized. 4. The City Manager and such other officers of the City as may be selected by the Manager, with the advice of the City Attorney, are hereby authorized, empowered and directed to negotiate a form of Interest Reduction Assessment Agreement and a Development Agreement, together with such other and further documents in the lorm and content consistent with this Resolution and the Revised Tax Increment Financing Plan, as shall be necessary or appropriate and to do all such acts and other things and to execute all such documents as be necessary to carry out and comply with the provisions thereof. 5. The City Manager, Mayor and City Clerk, with the advice of the City Attorney, are hereby authorized and directed to do all such other acts and things and to execute all such other documents as be necessary to carry out and comply with the provisions of this Resolution and the documents approved hereby, and all of the acts and doings of the City Manager, Mayor, City Clerk and other representatives of the City which are in conformity with the intent and purposes of this Resolution, whether heretofore or hereafter taken or done, shall be and are hereby ratified, confirmed and approved. 6. The City Clerk is hereby authorized and directed to request the county auditor to certify the original assessed value of the tax increment financing district established hereby pursuant to Minnesota Statutes, §469.177. '3 13,4 Approved and adopted by the Housing and Redevelopment Authority of the City of Eden Prairie, Minnesota this day of December, 1988. Mayor ATTEST: 1 35 ORDINANCE NO. 63 -88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 BY ADDING SECTION 11.80, THE OFFICIAL MAP, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1, EXCEPT SECTION 1.09 THEREOF. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 11, shall be and is amended by adding Sec. 11.80 to read as follows: Sec. 11.80. Official Map. There is adopted pursuant to Minnesota Statutes, S462.359 (1986), the Official Map entitled, "Minnesota Department of Transportation S. P. 2762 (T.H. 212) Official Map West Hennepin County Line to Junction of T.H. 5 and T.H. 494" on file and open to public inspection in the office of the City Manager, which Official Map contains a description of the future layout of State Highway 212 through the City and the lands which will be affected by reason thereof. Section 2. City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty For a Violation", except Sec. 1.09 thereof is hereby adopted in its entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of December 1988, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 3rd January day of , 1989. ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the , 198 . day of CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 088-290 RESOLUTION APPROVING THE PRELIMINARY PLAT OF STARVIEW TERRACE FOR PATRICK BAUER BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Starview Terrace for Patrick Bauer, dated December 16, 1988, consisting of 15.62 acres into 26 single family lots, 2 outlots, and road right-of-way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 20th day of December, 1988. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 'PROPOSED SITE PUB AREA LOCATION MAP STAFF REPORT TO: FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT/ FEE OWNER: REQUEST: Planning Commission Donald R. Uram, Assistant Planner Chris Enger, Director of Planning October 7, 1988 Starview Terrace West side of Starring Lake, west of Mitchell Road Patrick Bauer 1. Zoning District Change from Rural to R1-13.5 on 15.72 acres. 2. Preliminary Plat of 15.72 acres into 30 single family lots, two outlots, and road right-of-way. Background This site is currently designated on the Eden Prairie Comprehensive Guide Plan for development as Low Density Residential land uses. The adjacent properties to the north, south, and west, are also guided for Low Density Residential. The property to the east, adjacent to Starring Lake, is guided for Public Open Space. Specific land uses in this area include large lot single family development to the north, south, and west, and Starring Lake to the east. The proponent is requesting a zoning district change from Rural to I1- 13.5 and a preliminary plat of approximately 15.72 acres into 30 single family lots and two outlots. Site Plan/Preliminary Plat This site, containing 15.72 acres, will be subdivided into 30 single family lots and two outlots at a gross density of 1.9 units per acre. Lot sizes within the subdivision Starview 2 October 7, 1988 range from a maximum of 46,955 square feet to a minimum of 14,000 square feet. The average lot size is 19,300 square feet. All of the lots meet the minimum requirement of the R1-13.5 zoning district. Outlot A, containing 3,434 square feet, will be given to Leland Kottke, the homeowner to the south, in order to provide an adequate side yard setback, and Outlot B, containing 5,181 square feet, will be part of a land swap with David Kramer. Due to the location of this project adjacent large lot single family to the west, concern regarding transition has been raised. The adjacent property is subdivided into five lots which average approximately 47,480 square feet. The lots within Block 1 average 14,924 square feet. Because of the lot size difference and the expected distance between structures, one alternative to provide a transition would be to eliminate a lot within Block I. This would allow the acreage to be distributed among the remaining nine lots to increase lot size and lot width. Another concern are the skewed lot lines adjacent to Mitchell Road. It is anticipated that skewed lot lines may cause difficulties in actual building placement and cause concern amoung future homeowners regarding property ownership. Staff recommends that the lot lines be perpendicular to Queen's Trail. Finally, the lots adjacent Mitchell Road average 153 feet in depth. In reviewing the Starrwood Addition, Staff recommended that the lot depths adjacent to Research Road be Increased to provide a buffer between the road and the proposed homes. The average lot depth adjacent to Research Road within the Starrwood Addition is 175 feet. Staff recommends that Lots 5-9, Block 3, be increased to a minimum of 175 feet in depth. Access to this site would be provided from Mitchell Road by a single street which creates a "t" intersection on top of the hill. Victoria Drive, as shown on the plat, will provide access to the adjacent properties. Because the street cannot be built to the southerly-most property line, the proponent must provide surety for the street and sidewalk construction. In addition, temporary cul-de-sac signs should be installed at the ends of Victoria Drive to inform future homeowner's that a street connection will made. Shorel and Ordinance Because Starring Lake has been classified as Recreational Development Waters, development within 1,000 feet of the Ordinary High Water Mark is subject to shoreland regulations. The subdivision has been designed so that no lots have been classified as abutting. Because of this, the following requirements of the Shoreland Ordinance apply: 1. Building height should not exceed 30 feet. 2. Impervious surface shall not exceed 30% of the total lot a qa. 3. The structure shall be placed on an elevation 2 feet above the 100-year flood elevation. All of the lots meet the minimum requirements of the Shoreland Ordinance. Starview 3 October 7, 1988 Grading Elevations on this site range from high points of 898 adjacent to the southern property line and 894 adjacent to the north property line, to a low point of 828 adjacent to Mitchell Road. The site slopes in an easterly direction with existing slopes between 15% and 25%. Significant grading occurs with approximately 4 feet of cut along the north and west property lines, approximately 12 feet of cut along the south property line, and approximately 30 feet of cut for Lot 9, Block 2.. This is necessary to allow for building pads adjacent to the west side of the road and also for road construction. One consequence of the proposed grading is that the face of the hill will be moved back from Mitchell Road approximately 250 feet. Maximum fill amount includes approximately 25 feet within the ravine on Lot 3, Block 3. Preliminary cut and fill calculations indicate that there is approximately 70,000 cubic yards of excess material. In reviewing the overall grading plan, alternatives have been suggested to the proponent in order to reduce the amount of grading on the site: 1. Remove Lots 7-11, Block 2. By reducing the slope on the hill to 4:1, the overall maximum cut can be reduced to approximately 12 feet which is 18 feet less tnan what is proposed. With this alternative, the hill, although reshaped, retains some of the existing character. The downside of this alternative is the reduction in number of lots from 30 to 25. If this alternative were selected, it should be done in conjunction with other recommendations including the relocation of Victoria Drive, approximately 30 feet to the east, and the relocation of Queen's Drive, approximately 20 feet to the west, to increase the lot depths adjacent to Mitchell Road and the large lot single family homes to the west. 2. Remove Lots 9-11, Block 2. This alternative reduces the amount of overall grading which helps to save the hill although not as extensively as Alternative 01. This plan would allow the development of 27 lots. 3. Finally, if the number of units are acceptable, the rear yard areas could be reduced to a maximum of 30 feet. However, because the proposed building pads measure 40 feet where a typical pad measures 50 feet, additional rear yard grading can be expected. It appears that with this alternative, no significant reduction in grading can be achieved. Utilities Utility service is available to this project through a 16-inch water line and 8-inch sanitary sewer line located within new Mitchell Road. An 8-inch water line and an 8-inch sanitary sewer will be extended through Queen's Trail and Victoria Trail to service the project site. A series of catch basins are designed to be located throughout the street system to collect run-off. Because the entire site slopes towards Starring Lake, additional catch basins may be needed. Detailed engineering review of Lots 7-11, Block 2, is required to ensure adequate drainage. Pedestrian Systems With this development, a five-foot concrete sidewalk is located along the streets within the project and a connection made to Mitchell Road. An 8-foot bituminous trail is located within Starring Lake Park. 1*1 Starview 4 October 7, 1988 STAFF RECOMMENDATIONS If the Planning Commission feels that the transition to t h e s i n g l e f a m i l y h o m e s t o the west and that the overall grading plan is acceptable , t h e P l a n n i n g C o m m i s s i o n could recommend approval of the Starview Terrace projec t b a s e d u p o n p l a n s d a t e d September 12, 1988, and subject to the Staff Report da t e d O c t o b e r 7 , 1 9 8 8 , a n d subject to the following conditions: 1. Prior to Council review, proponent shall: A. Revise the grading plan to show consistent lot lines w i t h t h e preliminary plat. B. Revise the plans to eliminate the skewed lot lines and t o d e p i c t a n increased lot depth for Lots 5-9, Block 3, 2. Prior to Final Plat review, proponent shall: A. Submit detailed storm water run-off and erosion contro l p l a n s f o r review by the Watershed District. B. Submit detailed storm water run-off, utility, and eros i o n c o n t r o l plans, for the City Engineeer. 3. Prior to Grading permit issuance, proponent shall: A. Notify the City and Watershed District at least 48 hours i n a d v a n c e of any grading. B. Stake the construction limits with erosion control fencing. C. Submit surety for the completion of Victoria Drive and the s i d e w a l k . 4. Prior to Building permit issuance, proponent shall pay the C a s h P a r k F e e . 5. Concurrent with street construction, temporary cul-de-s a c s i g n s s h a l l b e installed at the ends of Victoria Drive. On the other hand, if the Planning Commission feels that a t r a n s i t i o n t o t h e s i n g l e family homes to the west is needed and that the gra d i n g f o r t h e p r o j e c t i s excessive, the Planning Commission could recommend one o f t h e t h r e e a l t e r n a t i v e s previously presented. Staff recommends Alternative #1 and s u g g e s t s t h a t t h e p r o j e c t be continued for 30 days in order to allow the developer t i m e t o m a k e t h e p r o p o s e d revisions. T110 AREA LOCATION MAP STAFF REPORT TO: Planning Commission FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT/ FEE OWNER: REQUEST: Donald R. Uram, Assistant Planner Chris Enger, Director of Planning November 25, 1988 Starview Terrace West side of Starring Lake, west of Mitchell Road Patrick Bauer 1. Zoning District Change from Rural to R1-13.5 on 15.72 acres. 2. Preliminary Plat of 15.72 acres into 26 single family lots, 2 outlots, and road right-of-way. Background This is a continued item from the October 11 and November 14, 1988, Planning Commission meetings. This item was continued to allow for revisions to the the proposed grading plan as recommended by Alternative #1 of the Staff Report dated October 7, 1988. Starview Terrace 2 November 25, 1988 Site Plan/Preliminary Plat The major revision to the plan was a reduction in the number of lots from 30 to 26 which created the following changes: Number of Lots Minimum Lot Size Maximum Lot Size Average Lot Size Density Old Plan 30 14,000 sq. ft. 46,955 sq. ft. 19,300 sq. ft. 1.9 units/acre New Plan 26 14,971 sq. ft. 65,509 sq. ft. 22,515 sq. ft. 1.65 units/acre All of the lots meet the minimum requirements of the R1-13.5 zoning district. Finally, with the relocation of Victoria Drive and Queen's Lane, the lots adjacent the western property line have increased in depth from 140 feet to an average of 161.5 feet and from an average of 153 feet to 170 feet adjacent Mitchell Road. Grading By reducing the number of lots to 26, a signficant reduction in the amount of grading is expected. The previous grading plan depicted cuts of approximately 4 feet along the north and west property lines, approximately 12 feet along the south property line and approximately 30 feet within the center portion of the site. In addition, because of the grading occuring for the building pads adjacent Queen's Lane, the face of the hill would have been moved back approximately 250 feet. Although the majority of the site is still being graded, the amount of cut will be reduced from approximately 30 feet to approximately 10 feet within the center portion of the site. The new plan also indicates that the face of the hill will be moved back approximately 60 to 140 feet from Mitchell Road. The grading plan has also been revised to reflect 80 foot building pads to accommodate the size of the homes that are expected to be built within this subdivision. Utilities Utility service is available to this project through a 16-inch waterline and an 8- inch sanitary sewer line located within new Mitchell Road. A series of catch basins are located throughout the street system to collect run-off from the entire project site. Because the entire site slopes towards Starring Lake, additional catch basins may be needed. Detailed engineering review of the project is required in ensure adequate drainage. Pedestrian Systems With this development, 5-foot concrete sidewalks are located along Victoria Drive and Queen's lane which provide a connection to Mitchell Road and Staring Lake Park. 314 Starview Terrace 3 November 25, 1988 STAFF RECOMMENDATIONS Staff would recommend approval for the request from Patrick Bauer f o r a Z o n i n g District Change from Rural to R1-13.5 on 15.72 acres, Preliminary P l a t o f 1 5 . 7 2 acres into 26 single family lots, 2 outlots, and road right-of-way, bas e d u p o n p l a n s dated November 17, 1988, and Staff Report dated November 25, 1988, a n d s u b j e c t t o the following conditions: 1. Prior to Final Plat review, proponent shall: A. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. B. Submit detailed storm water run-off, utility, and erosion control plans for review by the City Engineer. 2. Prior to Grading permit issuance, proponent shall: A. Notify the City and Watershed District at least 48 hours in advance of grading. B. Stake the construction limits with erosion control fencing. C. Submit surety for the completion of Victoria Drive and the sidewalk. 3. Prior to Building permit issuance, proponent shall pay the appropriate C a s h Park Fee. 4. Concurrent with street construction, temporary cul-de-sac signs shall b e installed at the ends of Victoria Drive. L43 31citi CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 1/88-291 RESOLUTION APPROVING THE PRELIMINARY PLAT OF ARBY'S FOR HOMART DEVELOPMENT COMPANY BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Arby's for Homart Development Company, dated December 12, 1988, consisting of 3.4 acres into 2 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 20th day of December, 1988. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk AREA LOCATION MAP STAFF REPORT Planning Commission Michael D. Franzen, Senior Planner Chris Enger, Director of Planning November 25, 1988 Arby's Restaurant Northwest of the intersection of Frani° Road and Prairie Center Drive. Homart Development Company 1. Zoning District Change from Rural and Public to C-Regional Service on 3.4 acres. 2. Preliminary Plat of 3.4 acres into 2 lots for the construction of a commercial restaurant. TO: FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT/ FEE OWNER: REQUEST: Background This site is currently guided Regional Commercial. The 1973 Planned Unit Development for the Homart Center depicted this site for a combination of Commercial uses and as a heavy vegetative buffer zone (see Attachments A and 8). Part of this site is zoned Public. Orig- inally, Hennepin County contemplated a library on this site. The remainder of this site is zoned Rural. Rezoning Homart is requesting rezoning over the entire 3.4 acres. However, specific plans are prepared only for Arby's at this time. Homart does not have a specific tenant in mind, but has prepared a concept plan to show how the balance of the site could be developed. Section 11.25, Subdivision 38, of the City Code, indicates that Commercial zoning Arby's Restaurant 2 November 25, 1988 request will be considered only on the basis of a Comprehensive Guide Plan and for the entire area to be zoned and specific plans for initial structures and site development. For this reason, only rezoning for Arby's should be considered at this time. Site Plan The site plan depicts the construction of a 3,400 square foot restaurant on 1.15 acres of land at 0.7 Floor Area Ratio (FAR). Access off the private loop road is in the location as recomAnded by BRW in the attached engineering study. The building and parking areas meet the minimum setback per Ordinance. Parking is provided in accordance with City Code. Internal circulation will utilize a turn-around until the adjacent site develops at which time there would be a shared access. Traffic Study This site is within the Major Center Area (MCA) traffic study. The p.m. peak hour estimate is based on existing and approved development before the study was completed. A total of 3,072 p.m. peak hour trips are estimated to be generated by existing and approved uses within this area. Based upon what is built and approved thus far, a total of 2,818 trips would be generated. This means that there is a 254-trip excess which can be allocated to the remaining undeveloped land. Since Homart is in control of the undeveloped land, they would have the discretion to allocate traffic. Arby's generates a total of 117 p.m. peak hour trips, which means that 137 trips would remain for future development by Homart. Grading Since this site is relatively level, minimal grading will be necessary to provide a level pad area for building and parking. There will be some berming provided within the setback areas to screen parking. Landscaping In order to be consistent with the 1973 PUD approval for the Eden Prairie Center, a 50-foot landscaped setback is depicted on the site plan along Prairie Center Drive. This should also be required for the balance of the site as shown on Homart's concept plan. Homart is in agreement with this requirement. The landscape plan meets the City Code requirements. Utilities Sewer and water is available to this site. Pedestrian Systems As part of the overall pedestrian system plan within the MCA, there should be a 5- foot wide concrete sidewalk along Franlo Road and Prairie Center Drive connected to Arby's. This would be consistent with recommendations for sidewalks along Prairie Center Drive and minor roads with the Eden Square project to the west of this site and the Lariat Center to the south. Arby's Restaurant 3 November 25, 1988 Architecture To provide continuity between the adjoining commercial Eden Square project, and Firestone Building, colors and exterior materials should be similar for the brick. Accent colors would provide variety to the project. STAFF RECOMMENDATIONS The Planning Staff would recommend approval of the request for Rezoning and Preliminary Plat for the Arby's Restaurant based upon plans dated November 25, 1988, subject to the recommendations of the Staff Report, dated November 25, 1988, and subject to the following conditions: 1. Rezoning for the Arby's Restaurant, based on 1.5 acres should only be considered at this time. When specific plans are ready for the balance of the site, rezoning would then be considered by the Planning Commission and City Council. 2. Prior to Council review, proponent shall: A. Modify the site plan to provide sidewalks along Franlo Road and Prairie Center Drive. 3. Prior to Final Plat approval, proponent shall: A. Provide detailed storm water run-off, erosion control, and utility plans for review by the City Engineer. B. Provide detailed storm water run-off and erosion control plans for review by the Watershed District. 4. Prior to Building permit issuance, proponent shall: A. Provide samples of the proposed exterior materials and colors for review. B. Provide the overall signage plan with details for review. Pylon signage to meet Code and be constructed of materials and colors similar to the building. C. Provide the overall lighting plan with details for review. Parking lot lighting should be downcast cut-off luminars. D. Notify the City and Watershed District 48 hours in advance of grading. 5. Concurrent with building and site construction, put the sidewalks in along Prairie Center Drive and Franlo Road. ,(4 1 Attachment A achment B — 5 ,111717 1 Him:MU-A V.0 Si [(U JnfMs n InHDM PRELIMINARY HM H SUIJAHL (op 1.070 500( SOW., • MINN( AH0115 PLANNING TRANSPORTATION ENGINEERING ARCHITECTURE 001 5.S415 • P000E 612 ,3704700 ,..,;:.',ZZ'LWOnleaSZIGULISCIIMICAZONGSMai MEMORANDUM DATE: July 14, 1988 TO: Mr. Michael Franzen, Senior Planner City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 FROM: Nancy L. Heuer, PE William Troe RE: Homart Fast Food Restaurant Traffic Study Backgrcund Based on a request by the City of Eden Prairie, BRW examined the trip gene r a t i o n from a proposed development adjacent to the Eden Prairie Center ring road . T h e following memorandum documents the results of the analysis. The devElopment, proposed by the Homart Development Corporation, is a 4,500 - square-foot fast food restaurant. The proposed development is located adja c e n t to the Eden Prairie Center, which is located in Zones 5 and 6 of the Major Center Area. In past trip generation studies in he Major Center Area invo l v i n g changes to the assumed land use, the particular parcel being examined would b e allocated a portion of the total trips being generated in the zone proportio n a l to the area of the parcel in relation to the area of the zone (i.e., if the p a r - cel covers 20 percent of the zone, it would be allocated 20 percent of the trips). For this analysis the trip generation of the area located within Zo n e s 5 and 6 will be the basis for comparison, because this entire area has been developed by the Homart Corporation. Instead of determining the number of tr i p s that in the 1985 study would be allocated to a parcel the size of the propos e d site (3.46 acres), the number of trips generated from the particular parcel w e r e compared to the total additional allocation of trips for the zones 5 and 6. Should there be some additional allotment of trips for zones 5 and 6 after t h e existing development trips are estimated, it would be up to Homart to determ i n e how the trips would be distributed across the undeveloped zones. 'Itariemorsesimicassausonswas MINNEAPOLIS DENVER PHOENIX '6 I`S.6 Mr. Michael Franzen July 14, 1988 Page 2 PRELIMINARY In the 1985 Major Center Area study, it was assumed that zones 5 and 6 would be developed as a combination of retail commercial, office, and restaurant pro- perty. The study also found that the trips being generated in the Major Center Area in the Year 2000 would have to be reduced by 20 percent in order for the ultimate street system to handle the projected peak hour traffic volumes. Trip Generation Estimates The ultimate trip generation from the 1985 traffic study, for zones 5 and 6, is documented in Table 1. TABLE 1 ULTIMATE TRIP GENERATION ESTIMATE Land Use Office Restaurant Commercial Bank Units Daily Daily (1000 S.F.) Trip Rate Trips 30 12.3 369 5 164.4 822 1,049 35.0 36,715 25 125.0 3,125 Peak Hour Peak Hour Percent Trips 14.0% 52 6.4% 53 7.4% 2,717 8.0% 250 1,109 41,031 3,072 With 20 Percent Reduction 32,825 2,458 The estimated trip generation of existing developments in zones" 5 and 6 and the Eden Square development (an approved 83,500-square-foot commercial development), based on the 1985 traffic study trip rates, is documented in Table 2. In addi- tion the table also includes trips generated from the proposed fast food devel- opment, based on the 4th Edition 1TE Trip Generation Manual rates. As the table shows, the number of trips being generated from zones 5 and 6 with existing developments, Eden Square and the proposed development exceeds the 1985 study trip generation of 32,825 daily and 2,458 peak hour trips for the same area. It should be noted that even without the Eden Square and the proposed development trips, the estimated remaining trips generated from existing devel- opments exceed the 1985 study allocation for zones 5 and 6. '151 pir. Michael Franzen July 14, 1988 Page 3 PRELIMINARY TABLE 2 EXISTING AND COMMITTE D P R O J E C T T R I P G E N E R A T I O N P L U S P R O P O S E D D E V E L O P M E N T Units Daily Daily Peak Hour Peak Hour Land Use (1000 S.F.) Trip Rate Trips Percent Trips Office Restaurant Commercial Bank Target Proposed Rest. 36.00 3.74 850.50 25.50 100.00 4.50 915.74 12.3 443 164.4 616 35.0 29,768 125.0 3,188 70.1 7,010 632.1 2,844 41,025 14.0% 6.4% 7.4% 8.0% 5.4% 5.3% 62 39 2,203 255 379 151 3,089 Note: Trip Generation f o r P r o p o s e d F a s t F o o d R e s t a u r a n t R e f l e c t s 4th Edition ITE Trip G e n e r a t i o n M a n u a l R a t e T• the 1985 traffic stud y , t h e t r i p g e n e r a t i o n r a t e f o r t h e 1 0 0 , 0 0 0 - s q u a r e - f o o t •iercial increment in Z o n e 5 , w a s e s t i m a t e d t o g e n e r a t e t r i p s a t 3 5 d a i l y trips per 1000 square f e e t . S i n c e t h e s t u d y w a s c o m p l e t e d , t h e 1 0 0 , 0 0 0 - s q u a r e - foot increment has b e e n d e v e l o p e d a s a T a r g e t s t o r e . I n t h e c u r r e n t u p d a t e o f the study, the trip g e n e r a t i o n r a t e f o r t h e p a r c e l o c c u p i e d b y t h e T a r g e t s t o r e is being modified to r e f l e c t t h e r a t e f o r a d i s c o u n t r e t a i l s t o r e . T h i s c h a n g e doubles the estimated n u m b e r o f d a i l y t r i p s b e i n g g e n e r a t e d a n d i n c r e a s e s t h e peak hour generation b y 4 6 p e r c e n t . T a b l e 3 d o c u m e n t s t h e t r i p g e n e r a t i o n o f zones 5 and 6 with th e T a r g e t s t o r e g e n e r a t i n g a t t h e r e g i o n a l s h o p p i n g m a l l rate as assumed in th e 1 9 8 5 s t u d y . A s i t s h o w s , t h e d a i l y a n d p e a k h o u r t r i p generation with or wi t h o u t t h e p r o p o s e d r e s t a u r a n t d e v e l o p m e n t w o u l d s t i l l exceed the 1985 study g e n e r a t i o n . TABLE 3 TRIP GENERATION REFLE C T I N G M O D I F I E D T A R G E T T R I P R A T E Units Daily Daily Peak Hour Peak Hour Land Use (1000 S.F.) Trip Rate Trips Percent Trips Office Restaurant Commercial Bank Target ,roposed Rest. 36.00 3.74 850.50 25.50 100.00 4.50 915.74 12.3 443 164.4 616 35.0 29,768 125.0 3,188 35.0 3,500 632.1 2,844 37,515 14.0% 6.4% 7.4% 8.0% 7.4% 5.3% 62 39 2,203 255 259 151 2,90 Note: Trip Generatio n f o r P r o p o s e d F a s t F o o d R e s t a u r a n t R e f l e c t s 4th Edition ITE Trip G e n e r a t i o n M a n u a l R a t e . Rate for Target is th e C o m m e r c i a l T r i p Rate. 9)16(dN Mr. Michael Franzen PRELIMINARY July 14, 1988 Page 4 Trip Generation Summary Based on the above trip generation comparisons, it would be expected that with or without the proposed fast food development, zones 5 and 6 would be generating more trips than allocated in the 1985 traffic study for the Major Center Area. In the peak hour of travel the existing plus Eden Square trip generation would exceed the 1985 study allotment by between 360 and 480 trips depending on the generation rate of the Target store. Thus, a reduction in existing trip genera- tion of between 15 and 19 percent would be needed to meet the 1985 study alloca- tion. With the proposed fast food development, the estimated trip generation will exceed the area allotment by between 511 and 631 trips in the peak hour. Thus, with the fast food restaurant the daily trip generation would need to be lowered by 21 to 26 percent in the peak hour. NH/jkf PLANNING TRANSPORTATION ENGINEERING ARCHITECTURE BENNE TT RINGROSE WOLSEELO PAWS GARDNER INC OAR SONAR' 1111140 5E10EE 501116 • MINNE APOL 15 MN 55415 • RmONE 612 370-0700 ,27.2twagarrA MEMORANDUM DATE: July 22, 1988 TO: Michael D. Franzen, Senior Planner City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 FROM: Nancy L. Heuer, P.E. RE: Zone 6 Fast Food Restaurant Driveway Location As requested by the City of Eden Prairie, BRW has reviewed potential driveway locations for the proposed fast food restaurant located south of Eden Prairie Center. Proper driveway locations are dependent on the circulation needs of the development; however, the following general conclusions have been reached: o Access to the site should not be provided to/from the driveway connection between Prairie Center Drive and the shopping center ring road. o The driveway to the parcel should be located a minimum of 150 feet from the centerline of the inbound driveway connection between Prairie Center Drive and the ring road. This would provide a reasonable distance for the dri- vers of vehicles turning right from the driveway connection to assess traf- fic conditions at the proposed entrance and make necessary speed adjustments. This location would also place the proposed entrance at approximately the location of the access aisle to the Sears' parking lot. Curb radii should be designed to allow relatively free movement into the site. o It is recommended that the parcel driveway be placed approximately 200 feet or more from the centerline of the inbound driveway connection between Prairie Center Drive and the ring road. This location would provide addi- tional stacking distance so that the driveway to the parcel would be less likely to be blocked by vehicles waiting on the east approach to the drive- way connection/ring road intersection. o The entrance and exit could be either adjacent or at separate locations and, if possible, should be aligned with existing parking lot aisles. NH/1pm 1..matnestav Crilill61111NISIRIMISEPIN MNNEAPOUS DENVER PHOENIX '66-q CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #88-292 RESOLUTION APPROVING THE PRELIMINARY PLAT OF MARCUS DEVELOPMENT FOR MARCUS CORPORATION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Marcus Development for Marcus Corporation, dated December 12, 1988, consisting of 1.61 acres into 2 lots and 1 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 20th day of December, 1988. Gary D. Peterson, May ATTEST: John D. Frane, City Clerk 3 , STAFF REPORT TO: Planning Commission FROM: Donald R. Uram, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: November 25, 1988 PROJECT: Marcus Development LOCATION: East of Highway #169, west of Joiner Way, south of Prairie Center Drive. APPLICANT: Marcus Corporation FEE OWNER: DYS Properties REQUEST: 1. Zoning District Change from Rural to C-Regional Service on 0.65 acres, with variances. 2. Preliminary Plat of 1.61 acres into 2 lots and 1 outlot. Background This item was previously reviewed at the August 22, 1988, Planning Commission meeting. In order to allow the proponent and Staff time to research customer traffic and overflow parking on the site, the project was continued until the September 12, 1988, Planning Commission meeting. By letter, dated September 9, 1988, Marcus Development Corporation requested that the item be withdrawn from consideration until the parking lot issue with Youngstedt's Service Center was resolved. The current proposal for a 3,300 square foot retail building has resolved the parking and traffic issues previously identified. Site Plan/Preliminary Plat The preliminary plat depicts the division of a 1.61-acre tract into 2 31511 Marcus Development 2 November 25, 1988 lots and 1 outlot. Lot 1, the location of Youngstedt's Service Center, contains 38,939 square feet, while Lot 2 will contain 24,566 square feet. The current proposal is for a 3,300 square foot retail building. A Base Area Ratio (B.A.R.) of 13.4% has been calculated and the building meets the minimum required setbacks of the C-Regional Service Zoning District. A variance will be required for the common driveway along the north property line. Based upon a parking requirement of 8 spaces per 1,000 square feet, a total of 27 parking spaces are required. The site plan depicts 24 parking stalls on-site. To accommodate overflow parking from Youngstedt's Service Center, 12 parking stalls are being constructed along the south side of the building, 4 of which will be used to meet the retail building parking requirements. A variance will be required for off- site parking and parking setback. Access into the project would be from Joiner Way. A drive-up window is proposed for the previous location of the photo processing center. Because a tenant has not been identified, concern has been raised regarding the amount of traffic this unidentified use may generate and its effect on the site plan. When Proex was originally identified as a tenant within this building, it was agreed that stacking distance for two cars was acceptable. The current site plan provides that stacking distance requirement. Assuming a "worst case" scenario, a stacking distance for approximately 12 cars is recommended. Without major revisions to the plan including a parking lot reconfiguration, increased driveway widths, and the addition of a protective lane, the current proposal cannot accomodate the additional stacking required. Because of this, Staff recommends that the drive-thru window be eliminated. Traffic The 1985 MCA traffic study, conducted by BRW, estimated 177 daily trips and 15 trips in the p.m. peak hour for this site. Based on the traffic study dated August 2, 1988, Staff has estimated that the current proposal would generate 116 daily trips and 9 trips in the p.m. peak hour. Grading/Utilities The site has been previously graded in conjunction with the adjacent developments. Minimal grading is to occur in order to allow for the construction of the building pad and parking lot. There is a 6-foot berm adjacent U.S. 4169 to provide screening to the parking areas with minimal berming occuring adjacent Joiner Way. Water and sanitary sewer service is available to this site through connections made to an 8-inch water and 8-inch sanitary sewer line located within Joiner Way. There is a 78-inch storm sewer adjacent U.S. #169 which provides a connection for the catch basin system. Other utilities on this project site include a 12-inch sanitary sewer line located adjacent the southern property line and a Northern States Power easement which is located over the western portion of the site. Landscaping lased upon a building size of 3,300 square feet, a total of 10 caliper inches of plant material is required per City Code. The landscape plan depicts a total of 39 caliper inches. An irrigation system shall be installed to ensure plant survival. Marcus Development 3 November 25, 1988 Architecture The proposed building is a single-story structure with 2 tenants. Exterior building materials include 81% facebrick, glass, or better and 19% stucco. In order to develop an overall architectural consistency for buildings within this area, the architect should incorporate similar building materials and colors as the adjacent buildings including Youngstedt's Service Center, Rocky Rococo, and the Lariat Center. Exterior building material samples and colors are subject to review prior to building permit issuance. Signage/Lighting A pylon sign is proposed adjacent U.S. #169. The sign shall conform to City Code with details reviewed prior to building permit issuance. Exterior lighting shall Include 3 parking lot lights. Parking lot lighting shall be similar to those used within the adjacent projects. Pedestrian Systems There is an existing 5-foot concrete sidewalk located along the west side of Joiner Way. In order to complete the overall pedestrian system in this area, a 5-foot wide concrete sidewalk shall be constructed on the south side of Prairie Center Drive from U.S. #169 to Joiner Way. STAFF RECOMMENDATIONS Staff recommends approval from Marcus Development Corporation for a Zoning District Change from Rural to C-Regional Service on 0.65 acres, with variances, and the Preliminary Plat of 1.61 acres into 2 lots and 1 outlot, subject to plans dated November 14, 1988, subject to the Staff Report dated November 25, 1988, subject to the following recommendations: 1. Prior to Council review, proponent shall: A. Provide samples and compatible colors of exterior building materials. Eliminate the drive-thru window. 2. Prior to Final Plat approval, proponent shall: A. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. B. Submit detailed storm water run-off, erosion control, and utility plans for review by the City Engineer. 3. Prior to Building permit issuance, proponent shall notify the City and Watershed District at least 48 hours in advance of grading. I. Concurrent with building construction, construct a 5-foot wide concrete sidewalk along the south side of Prairie Center Drive from U.S. #169 to Joiner Way. 5. Receive approval from the Board of Appeals for variances as necessary for off-site parking, common driveway, parking, and accessory structure setback. STAFF REPORT TO: Planning Commission • FROM: THROUGH: DATE: PROJECT: LOCATION: Donald R. Uram, Assistant Planner Chris Enger, Director of Planning August 19, 1988 Marcus Development East of Highway #169, west of Joiner Way, south of Prairie Center Drive. APPLICANT: Marcus Corporation FEE OWNER: DYS Properties REQUEST: 1. 7oning District Change from Rural to C-Regional Service on 0.65 acres, with variances. 2. Preliminary Plat of 1.61 acres into 2 lots and 1 outlot. -2 Background The Eden Prairie Comprehensive Guide Plan depicts this site as guided for Regional Commercial land uses. Surrounding areas to the north, south, east, and west, are also guided for Regional Commercial land uses. Specific land uses, all zoned C-Regional Service, include Youngstedt's Service Center to the north; Rocky Rococo to the south; the proposed Lariat Center to the east; and, U.S. 0169 to the west. This parcel of land is part of the Preserve Commercial Park South PUD. The PUD originally depicted only two buildings along the west side of Joiner Way. In a Staff Report, dated November 23, 1984, reviewing Youngstedt's Service Center and Rocky Rococo Pizza, a future land use for this parcel was discussed. Based upon a maximum B.A.R. (Base Area Ratio) of 20%, this site could contain up to a 5,700 square foot Marcus Development 2 August 19, 1988 office building. However, because of site size, and configuration, it was expected that a smaller building would be developed due to setbacks and parking requirements. The proponents are currently requesting a Zoning District Change and Preliminary Platting to allow for the construction of a 4,138 square foot credit union and photo processing center. Site Plan/Preliminary Plat The preliminary plat depicts the division of a 1.46-acre tract into 2 lots. Lot 1, the location of Youngstedt's Service Center, contains 35,024 square feet, while Lot 2 would contain 28,840 square feet. The current proposal is for a 4,138 square foot credit union and photo processing center. A B.A.R. of 14.5% has been calculated and the building meets the minimum required setbacks of the C-Regional Service Zoning District. Based upon a parking requirement of 6 spaces per 1,000 square feet for the credit union (2,950 square feet), and 8 spaces per 1,000 square feet for the photo processing center (1,188 square feet), a total of 28 parking spaces are required. The site plan depicts 20 parking stalls. As proposed, one of the spaces adjacent U.S. #169 does not meet the dimensional requirements and another space blocks the trash enclosure. Staff recommends that either the trash enclosure be relocated or the parking stall removed. If this were to occur, only 18 parking spaces would be provided. In addressing the variance, the proponent has indicated that the photo processing center is a drive-up facility and would initially include only 3 employees, while the credit union will initially have 4 employees. This would leave 11 parking spaces for credit union customers. If the building use were to change, a total of 21 parking spaces would be required for office and 33 spaces for retail. Any future land use would be restricted by parking constraints. Occasionally, parking for the Youngstedt's Service Center has been observed on this site which raises the question as to whether or not there are enough parking spaces provided to service their facility. If a parking shortage does occur and this site is developed as proposed, room for additional parking spaces would not be available. Access into the project would be from Joiner Way by the use of a one-way drive aisle which would circulate around the building. Two drive-up windows are proposed for the credit union and one drive-up window proposed for the photo processing center. According to the BRW report, stacking distance for the credit union should not be a problem (see attached memo). However, potential tenant problems may occur due to the fact that there is only enough distance for approximately 2 cars to queue at the photo processing center before a car would block the credit union drive-up. This would occur to the rear of the building and would not affect traffic on Joiner Way. Traffic The 1985 MCA traffic study, conducted by BRW, estimated 177 daily trips for this site and 15 trips in the p.m. peak hour. BRW has estimated that the current proposal would generate a daily trip rate of 392 trips and a p.m. peak of 31 trips. Because the p.m. peak hour trip generation exceeds the estimate, Staff has requested that the proponent provide information in support of the proposal. In reviewing the information provided, which includes hours of operation from 9 a.m. to 5 p.m., the likely p.m. peak hour trip generation from the credit union would include only lin() Marcus Development 3 August 19, 1988 employee trips. If 4 employees exist initially and with a calculat e d p . m . p e a k generation of 3 trips for the photo processing center, a total of app r o x i m a t e l y 7 trips should occur within the p.m. peak hour. This is 8 trips less t h a n t h e p . m . peak hour allocation. If the land use or the hours of operation shoul d c h a n g e , t h e p.m. peak hour may possibly exceed the allocation. Because of this, Sta f f r e c o m m e n d s that the proponent agree to limit the hours of operation from 9 a.m. to 5 p . m . u n t i l it can be proven that the p.m. peak hour trip generation from this bu i l d i n g w o u l d not exceed 15 trips. In support of the proposal, consideration should be given to the followi n g : 1. A credit union is a use that is contemplated in the Major Center Area. 2. The Floor Area Ratio, based upon 4,138 square feet of building, on 0 . 6 5 acres, is 14.5%. The maximum Floor Area Ratio allowed in the C-Reg i o n a l Service zoning district is 40%. 3. Based upon the previous traffic analysis by Staff, current p.m. peak t r i p generation should not exceed the allocation. 4. Future land uses such as office or retail, which could occupy this build i n g , would not generate a p.m. peak hour trip rate which would exceed t h e allocation. Grading/Utilities The proposed site is relatively flat having been previously graded wit h t h e a d j a c e n t developments. Minimal grading is to occur in order to allow for the co n s t r u c t i o n o f the building pad and parking lot. There is a 6-foot berm adjacent U . S . # 1 6 9 t o provide screening to the parking areas with minimal berming occuring ad j a c e n t J o i n e r Way. Water and sanitary sewer service is available to this site through con n e c t i o n s m a d e to an 8-inch water and 8-inch sanitary sewer line located within Joine r W a y . T h e r e is a 78-inch storm sewer adjacent U.S. #169 which provides a connec t i o n f o r t h e catch basin system. Other utilities on this project site include a 12- i n c h s a n i t a r y sewer line located adjacent the southern property line and a Northern S t a t e s P o w e r easement which is located over the western portion of the site. Nor t h e r n S t a t e s Power has submitted a letter which indicates that the proposed b u i l d i n g i s acceptable (see attached letter). Landscaping Based upon a building size of 4,138 square feet, a total of 13 calip e r i n c h e s o f plant material is required per City Code. The landscape plan depicts a total of 43 caliper inches. Because there is a 171/2-foot setback adjacent Joine r W a y , S t a f f would recommend that screening of the parking areas be accomplished thr o u g h t h e u s e of shrubbery and deciduous trees as per the Lariat Center landscap e p l a n ( s e e Attachment A). An irrigation system shall be installed to ensure plant s u r v i v a l . Architecture The proposed building is a single structure with 2 tenants, each with a d r i v e - u p window. Exterior building materials include 75.3% facebrick, glass, o r b e t t e r a n d 'il(t) Marcus Development 4 August 19, 1988 24% decorative concrete block. In order to develop an overall architectural consistency for buildings within this area, the architect should incorporate similar building materials and colors as the adjacent buildings including Youngstedt's Service Center, Rocky Rococo, and the Lariat Center. Exterior building material samples and colors are subject to review prior to building permit issuance. Signage/Lighting A pylon sign is proposed at the entrance of the site. The sign shall conform to City Code with details reviewed prior to building permit issuance. Exterior lighting shall include security lights mounted directly to the building and parking lot lights located at each parking area. Pole lighting should be 20-foot downcast luminars. Pedestrian Systems There is an existing 5-foot concrete sidewalk located along the west side of Joiner Way. In order to complete the overall pedestrian system in this area, a 5-foot wide concrete sidewalk shall be constructed on the south side of Prairie Center Drive from U.S. #169 to Joiner Way. STAFF RECOMMENDATIONS If the Planning Commission feels that the land use proposed is in an appropriate location and feel comfortable with the traffic information submitted by the proponent, Staff would recommend approval from Marcus Development Corporation for a Zoning District Change from Rural to C-Regional Service on 0.65 acres, with variances, and the Preliminary Plat of 1.61 acres into 2 lots and 1 outlot, subject to plans dated August 5, 1988, subject to the Staff Report dated August 19, 1988, subject to the following recommendations: 1. Prior to Council review, proponent shall: A. Revise the landscape plan to include a combination of deciduous trees and shrubbery material along Joiner Way to help screen the parking areas. B. Provide samples and compatible colors of exterior building materials. C. Provide a letter of understanding that the credit union will limit the hours of operation from 9 a.m. to 5 p.m. in order to meet the traffic allocations. 2. Prior to Final Plat approval, proponent shall: A. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. B. Submit detailed storm water run-off, erosion control plans, and utility plans for review by the City Engineer. "'316d. Marcus Development 5 August 19, 1988 3. Prior to Building permit issuance, proponent sha l l : A. Pay the appropriate Cash Park Fee. B. Notify the City and Watershed District at leas t 4 8 h o u r i n a d v a n c e of grading. 4. Concurrent with building construction, constr u c t a 5 - f o o t w i d e c o n c r e t e sidewalk along the south side of Prairie Ce n t e r D r i v e f r o m U . S . 0 1 6 9 t o Joiner Way. 5. Receive approval from the Board of Appeals f o r v a r i a n c e s a s n e c e s s a r y f o r the number of parking stalls. If the Planning Commission feels that either th e l a n d u s e i s i n a p p r o p r i a t e o r t h a t the estimated trip generation is not consiste n t w i t h t h e 1 9 8 5 B R W T r a f f i c S t u d y , then the appropriate action would be to close t h e p u b l i c h e a r i n g a n d e i t h e r r e t u r n the plans to the proponent for revisions or deni a l . 3)63 DECEMBER 20,1988 47565 BUREAU OF CRIMINAL APPREHENSION SERVICE 4 7566 SUN ELECTRIC CORPORATION ENGINE ANALIZER REPAIR-EQUIPMENT MAW '567 THREE M REFLECTIVE TAPE-FIRE DEPT 47568 VOID OUT CHECK 47569 EAGLE WINE CO WINE 47570 ISFSI CONFERENCE-FIRE DEPT 47571 GRIGGS COOPER & CO INC LIQUOR 47572 GUARANTEE MUTUAL LIFE COMPANY DECEMBER 88 LIFE INSURANCE PREMIUM 47573 JOHNSON BROS WHOLESALE LIQUOR WINE 47574 MN POLLUTION CONTROL AGENCY SCHOOL-WATER DEPT 47575 MUTUAL BENEFIT LIFE DECEMBER 88 LIFE INSURANCE PREMIUM 47576 PAUSTIS & SONS CO WINE 47577 ED PHILLIPS & SONS CO WINE 47578 PRIOR WINE CO WINE 47579 QUALITY WINE CO LIQUOR 47580 SUPPLIES 7 HI ENTER INC DECEMBER 88 RENT-LIQUOR STORE 47581 UNIVERSITY OF MINNESOTA CONFERENCE-ENGINEERING DEPT 47582 VOID OUT CHECK 47583 HENNEPIN CTY REGISTRAR OF TITLES COPY FEE-HOUSING REHABILITATION PROGRAM 47584 SOUTH HENNEPIN VOTECH HOLIDAY DINNER-SENIOR CENTER/FEES PAID 47585 MINNESASCO SERVICE 47586 POSTMASTER 1989 MAILING FEES-CITY HALL 47587 LANE INSURANCE INC INSURANCE CLAIM 47588 SILVER TOOL BOX LENS-POLICE DEPT 47589 CARGILL SALT DIVISION SALT-SNOW & ICE CONTROL 47590 KEROS CARTWRIGHT SERVICE-FLYING CLOUD LANDFILL 47591 E P PHOTO FILM/FILM PROCESSING-POLICE DEPT 7592 FAIRVIEW BLOOD TESTS-POLICE DEPT /593 HORWITZ INC REFUND-PLUMBING PERMIT/MECHANICAL PERMIT 47594 KENNEL-AIRE INC -SQUAD CAR SCREEN/EXTENSION PANEL-POLICE DEPT 47595 MARY KOTTKE VOLLEYBALL I. BASKETBALL OFFICIAL/FEES PAID 47596 WESTBuRNE SUPPLY INC. WATER COOLER CARTRIDGES-COMMUNITY CENTER 47597 AT&T SERVICE 47596 AT&T SERVICE 47599 NSP SERVICE 47600 U S WEST COMMUNICATIONS SERVICE 47601 HOPKINS POSTMASTER POSTAGE-CITY HALL 47602 ADELINE BRAMWELL ELECTION JUDGE WAGES 47603 PETTY CASH EXPENSES-CITY HALL 47604 ANDREW FYTEN REFUND-SWIMMING LESSONS 47605 PADGETT THOMPSON CONFERENCE-PARKS DEPT 47606 BEER WHOLESALERS INC BEER 47607 MIDWEST COCA COLA BOTTLING CO MIX 47608 DAY DISTRIBUTING CO BEER 47609 EAST SIDE BEVERAGE CO BEER 47610 KIRSCH DISTRIBUTING CO BEER 47611 MARK VII DISTRIBUTING COMPANY BEER 47612 PEPSI COLA COMPANY MIX 47613 RC BEVERAGE-TWIN CITIES MIX 47614 THORPE DISTRIBUTING COMPANY BEER 47615 TWIN CITY HOME JUICE MIX 4 7616 MAX JOHNSON TRUCKING -SERVICE-1988 LIME SLUDGE REMOVAL & DISPOSAL 41617 NODLAND CONSTRUCTION CO -SERVICE-HIDDEN GLEN 3RD ADDITION/WYNDHAM CREST 23275609 600.00 98.00 114.60 0.00 166.74 190.00 5710.43 2359.08 11357.91 60.00 2307.09 153.80 5502.10 1342.42 9743.15 4494.08 115.00 0.00 3.00 667.12 2694.39 120.00 1091.93 29.00 7653.92 1375.00 39.41 45.76 18.00 134.85 72.00 20.04 532.21 3.18 1040.27 596.00 5000.00 19.50 61.97 19.00 99.00 3684.30 893.20 6599.60 12743.86 114.95 17858.54 740.20 185.70 22655.80 14.70 83896.87 17518.42 3164 47618 NORTHDALE CONSTRUCTION CO SERVICE-FRANLO ROAD IMPROVEMENT 47619 NORTHDALE CONSTRUCTION CO -SERVICE-MITCHELL/RESEARCH ROAD & WEST -76TH STREET IMPROVEMENTS/GOLDEN TRIANGLE DRIVE IMPROVEMENTS 620 A TO 1 RENTAL CENTER STEPLADDER RENTAL-CITY HALL 47621 ACRO-MINNESOTA INC OFFICE SUPPLIES-CITY MALL/SENIOR CENTER 47622 AERIAL PAINTING INC -PAINTING-4 MAST ARMS-$820.0012 POLES- -5110.00/19 SIGNAL LAMPS-$380.00/2 POLES/ COMTROLLER/16 GROUND POSTS-TRAFFIC CONTROL 47623 AIR COMPRESSOR EQUIPMENT CO INC -AIR SYSTEM REPAIR/INSTALL AUTODRAIN & BALL VALVES-PUBLIC WORKS BUILDING 47624 AMERICAN LINEN SUPPLY CO -AIR FRESHENER SERVICE-CITY HALL/UNIFORMS- -WATER DEPT/STREET DEPT/SEWER DEPT/PARK MAINT/COMMUNITY CENTER/TOWELS-LIQUOR STORE 47625 AMERICAN WATER WORKS ASSOC BOOKS/JOURNAL BINDERS-WATER DEPT 47626 MARY BOTTOLENE AMIOT -PRINTING-FLYERS-HISTORICAL & CULTURAL COMMISSION 47627 ANCHOR PRINTING COMPANY BUSINESS CARDS-LIQUOR STORE 47628 EARL F ANDERSEN & ASSOC INC SIGNS/BRACKET PARTS-TRAFFIC CONTROL 47629 ANDERSON'S GARDEN EXPENSES-FIRE DEPT 47630 AOK RENTAL CENTER TRUCK RENTAL-ELECTIONS 47631 ASCE DUES-ENGINEERING DEPT 47632 ASTLEFORD INTL INC -WIPER MOTOR/MOTOR/SWITCHES/CABLES/KNOB- EQUIPMENT MAINTENANCE 47633 B A W INC SERVICE-TRAFFIC STUDY 47634 BACHMAN'S EXPENSES-CITY HALL 47635 BACON'S ELECTRIC CO -SULFAlE FEEDER t EXTERIOR LIGHT REPAIR- WATER DEPT 47636 BARRETT MOVING & STORAGE COMPANY HAND CART-ELECTIONS '637 BARTON-ASCHMAN ASSOCIATES INC -SERVICE-EDEN PRAIRIE COMPREHENSIVE PARK & RECREATION PLAN 47638 BATTERY & TIRE WAREHOUSE INC -BLADES/WINDSHIELD WASHER FLUID/SNOWBRUSH/ -SPARK PLUGS/BATTERIES/SIGNAL LAMPS/BULBS- EPUIPMENT MAINTENANCE 47639 BAUER BUILT TIRE & SVC FRONT END ALIGNMENTS-EQUIPMENT MAINTENANCE 47640 BALLOONS 'W STUFF OF MPLS INC HELIUM TANKS-FIRE DEPT 47641 BENTEC ENGINEERING CORPORATION LIFT STATION REPAIRS-SEWER DEPT 47642 BERGIN AUTO BODY -REPAIR & REFINISH POLICE VAN-EQUIPMENT MAINTENANCE 47643 BLACKS PHOTOGRAPHY -FILM/FILM PROCESSING-WATER DEPT/PLANNING -DEPT/FORESTRY DEPT/POLICE DEPT/FIRE DEPT ENGINEERING DEPT 47644 CITY OF BLOOMINGTON OCTOBER 88 ANIMAL IMPOUND SERVICE 47645 BLOOMINGTON LOCK & SAFE CO KNOB LOCK INSTALLED-CITY HALL 47646 LOIS BOETTCHER -MINUTES-PARKS RECREATION & NATURAL RESOURCES COMMISSION 47647 LEE BRANDT HOCKEY OFFICIAL/FEES PAID 47648 BRYAN ROCK PRODUCTS INC -GRAVEL-STREET MAINT/SNOW & ICE CONTROL/ PARK MAINTENANCE 47649 NATE BUCK VOLLEYBALL OFFICIAL/FEES PAID 47650 BUSINESS CREDIT LEASING INC JANUARY 89 COPIER RENTAL-FIRE DEPT 47651 CARGILL SALT DIVISION SALT-SNOW & ICE CONTROL 47652 CARNEY OFFICE FURNITURE DESK-POLICE FORFEITURE-DRUGS 47653 CNCA BOOK-AQUATICS SUPERVISIOR 1697.83 251013.46 14.84 265.93 1682.00 249.33 1549.00 138.00 30.00 39.54 485.45 58.00 149.48 105.00 231.31 2164.20 43.75 546.92 21.00 26056.49 371.02 166.00 109.00 583.00 1060.00 631.44 512.50 150.00 80.60 149.00 1210.11 162.00 182.75 1960.12 320.00 37.50 ?422657 DECEMBER 20,1988 4 7654 JOHN CONLEY EXPENSES-POLICE DEPT 7655 CONSTRUCTION MATERIALS INC CURB & GUTTERS-STREET MAINTENANCE 47656 CONTACT MOBILE COMMUNICATIONS INC -RADIO REPAIR/PAGER REPAIR-POLICE DEPT/ EQUIPMENT MAINTENANCE 47657 CONTECH CONST PRODUCTS INC CULVERT END GUARD-DRAINAGE CONTROL 47658 CUTLER-MAGNER COMPANY QUICKLIME-WATER DEPT 47659 DALCO -CLEANING SUPPLIES-WATER DEPT/FIRE DEPT/ POLICE BUILDING 47660 OEM CON LANDFILL INC -NOVEMBER 88 WASTE DISPOSAL-STREET MAINT/ PARK MAINTENANCE 47661 DIAMOND ACCEPTANCE -JANUARY 89 COPIER INSTALLMENT PAYMENT- POLICE DEPT 47662 n(nn VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID 47663 IL1111 SOD-ANDERSON LAKES PKWY/ROUND LAKE PARK 47664 11n 11n1n 11 11n 1111 EXPENSES-FIRE DEPT 47665 11n 11 1111 AEROBICS INSTRUCTOR/FEES PAID 47666 1111 FILM/FILM PROCESSING-FIRE DEPT 47667 11n 11n 1( FILM PROCESSING-POLICE DEPT 47668 nnn 11 n ••nn, SERVICE-FINANCE DEPT 47669"n•• 11n 11 n141111 -OIL SEALS/BELTS/U JOINTS/SHOCKS/FITTINGS/ -BEARINGS/CABLE TIES/LICENSE LAMP/BLOWER -MOTORS/SIGNAL LAMPS/PLUG ADAPTER/MIRROR -HEAD/HUB CAPS/ROTORS/SWITCHES-WATER DEPT/ FIRE DEPT/EQUIPMENT MAINTENANCE 47670 FIREHOUSE LAWYER MONTHLY NEWLSETT SUBSCRIPTION-FIRE DEPT 47671 FLAGHOUSE -WATER COOLERS/FLOOR HOCKEY SETS-AFTERNOON ADVENTURE .7672 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORE 47673 G & K SERVICES -COVERALLS/TOWELS-WATER DEPT/PARK MAINT/ LIQUOR STORE 47674 1111..ft 1110 n 11n ll 11.1,n TIRE REPAIR-EQUIPMENT MAINTENANCE 47675 (VII SIGN POSTS-WATER DEPT 47676 nn Af nnn fT -TERMOMETER GAUGE/DRUM CRADLE/AIR SPRAYER- POLICE BUILDING 15.00 248.00 326.75 70.00 1636.88 326.76 151.00 300.00 101.75 2031.25 716.17 175.00 15.55 8.04 130.00 1202.58 89.52 286.66 59.66 426.88 399.44 749.00 145.15 47677 ALAN GRAY 47678 GROSS OFFICE SUPPLY 47679 GUNNAR ELECTRIC CO INC 47680 HENNEPIN COUNTY TREASURER 47681 HENNEPIN COUNTY TREASURER 47682 HENNEPIN COUNTY TREASURER 47683 D C HEY COMPANY INC 47684 HONEYWELL PROTECTION SERVICES 47685 IBM CORPORATION 47686 INDEPENDENT SCHOOL 81ST 4272 47687 INDEPENDENT SCHOOL GIST 4272 47608 INTERNATIONAL OFFICE SYSTEMS INC 7689 INTERSTATE DIESEL PRODUCTS INC 690 ISS INTER SERVICE SYSTEM 47691 J A HANDY-CRAFTS INC 47692 CARL JULLIE NOVEMBER 88 EXPENSES-ENGINEERING DEPT OFFICE SUPPLIES-POLICE DEPT -FUSE-PARK MAINT/LIGHTING CONTRACTOR- -1157.84/DRAINAGE CONTROL/WIRING OF FIRE STATION 43 & 44-134.00-FIRE DEPT FILING FEE-PLANNING DEPT PRINTING-ELECTION BALLOTS OCTOBER 88 BOARD OF PRISIONERS -NOVEMBER 88 MAINTENANCE AGREEMENT-FIRE DEPT -1ST QUARTER 89 SECURITY SYSTEM-SENIOR CENTER JANUARY 89 MAINTENANCE AGREEMENT-CITY HALL OVERPAYMENT-UTILITY BILLING EXPENSES-ELECTIONS -NOVEMBER 88 MAINTENANCE AGREEMENT/TONER- POLICE DEPT GENERATOR REPAIR-POLICE BUILDING JANITORIAL SUPPLIES-CITY HALL CRAFT SUPPLIES-AFTERNOON PLAYGROUND EXPENSES/DUES-ADMINISTRATION 245.00 748.60 3572.55 502.00 1003.46 468.12 30.00 75.00 424.32 3200.40 425.35 304.20 208.00 274.22 152.73 157.43 2140242 3/64e DECEMBER 20,1988 '7 693 .IM OFFICE PRODUCTS INC 694 JUSTUS LUMBER CO 47695 VOID OUT CHECK 47696 KOKESH ATHLETIC SUPPLIES INC 47697 MARY KOTTKE 47698 KRAEMERS HOME CENTER 47699 BOB LAMBERT 47700 CYNTHIA J LANENBERG 47701 LANG PAULY & GREGERSON LTD 47703 LYMAN LUMBER CO 47704 MCGLYNN BAKERIES INC 47705 MCNEILUS STEEL INC 47706 MEDICAL OXYGEN & EQUIP CO 47707 MENARDS 47708 METRO PRINTING INC 47709 METROTECH 47710 MIDWEST ASPHALT CORP 711 MINNEAPOLIS HEALTH DEPARTMENT .712 MINNESOTA BLUEPRINT 47713 MINNESOTA COMMUNICATIONS CORP 47714 MN SUBURBAN PUBLICATIONS 47715 MSSA 47716 CITY OF MINNETONKA 47717 MINUTEMAN PRESS 47718 MIRACLE RECREATION EQUIPMENT 47719 MOTOROLA INC 47720 GREGORY J MUELLER 47721 MUNIC1LITE CO 47722 NATIONAL CAMERA EXCHANGE 47723 NATIONAL CITY BANK OF MPLS 47724 NATIONAL INFORMATION DATA CENTER 47725 BETH NILSSON 47726 NORTH STAR SOUND INC 47727 NORTHERN STATES POWER CO 47728 NORWEST BANK MPLS NA '729 ORKIN EXTERMINATING COMPANY INC 47730 PEDERSON SELLS EQUIP CO INC 47731 PEPSI COLA COMPANY OFFICE SUPPLIES-FIRE DEPT/WATER DEPT -POST ANCHORS/DOOR/TIMBER/PANELS/DOWELS/ -STYROFOAM/TREATED LUMBER/STUDS-PARK MAINT/ SENIOR CENTER/POLICE DEPT TABLE TENNIS BALLS-ORGANIZED ATHLETICS VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID -MIRROR/NUTS/BOLTS/RODS/TURNBUCKLES/SCREWS/ -SPONGES/HANDLE EXTENSION/TAPE/FUNNEL/ -DRILL BITS/LUBRICANT/SUMP PUMP/STRAP/ -PULLEYS/SNAPS/ROLLER/GLUE/BATTERIES/ -PROPANE/HANGERS/WIRE-SEWER DEPT/WATER DEPT/STREET MAINT DUES-PARKS & RECREATION DEPT MILEAGE-FIRE DEPT -AUGUST 88 LEGAL SERVICE/AUGUST 88 CABLE TV/AUGUST 88 COMMUNITY CENTER LITIGATION TREATED TIMBERS-PARK MAINTENANCE EXPENSES-FIRE DEPT/CITY HALL TUBING/STEEL PLATE-PURGATORY CREEK TRAILS OXYGEN-FIRE DEPT WIND TURBINES/ICE MELT-PARK MAINTENANCE PRINTING-ENVELOPES/FORMS-POLICE DEPT PIPE LOCATOR-WATER DEPT BLACKTOP-STREET MAINTENANCE SEPTEMBER 88 LABORATORY TESTS-POLICE DEPT OFFICE SUPPLIES-ENGINEERING DEPT -DECEMBER 88 PAGER SERVICE-SEWER DEPT/ WATER DEPT/POLICE DEPT/FIRE DEPT ADVERTISING-LIQUOR STORES DUES-STREET DEPT -1988 & 1989 DUES-I 494 JOINT POWERS AGREEMENT -PRINTING-CALENDAR/REGISTRATION FORMS- SPECIAL EVENTS -2 FIVE ROW BLEACHERS-$1286.00/4 HANDRAIL SYSTEMS-$892.00-ROUND LAKE PARK -3 PORTABLE RADIOS-$2493.00/15 CASES- -$840.00/5 BATTERIES-$442.50-POLICE FORFEITURE-DRUGS VOLLEYBALL OFFICIAL/FEES PAID -MOUNTING BRACKETS/SPOTLIGHTS/HANDLE ASSEMBLY-EQUIPMENT MAINTENANCE/WATER DEPT FILM-ASSESSING DEPT BOND PAYMENT ZIP CODE BOOKS-CITY HALL SWING INSTRUCTOR/FEES PAID SPEAKER/CABLE-CITY HALL SERVICE-STREET LIGHT-TEALWOOD COURT BOND PAYMENT -OCTOBER/NOVEMBER & DECEMBER 88 SERVICE- FIRE DEPT HYDRAULIC CONTROL VALVE-EQUIPMENT MAINT CONCESSION STAND SUPPLIES-ROUND LAKE PARK 242.59 272.68 0.00 11.98 90.00 368.18 111.50 50.75 20951.73 10.00 99.60 240.12 461.03 54.00 139.89 188.00 26.86 37.88 66.20 46.83 210.50 136.80 20.00 7155.00 315.10 2178.00 3775.50 54.00 161.60 290.94 125742.60 33.45 426.40 196.80 350.00 713125.16 467.12 110.51 136.00 47702 LEFEVERE LEFLER KENNEDY OBRIEN DR OCTOBER 88 LEGAL SERVICE 87835530 DECEMBER 20,1988 '732 PASSON'S SPORTS -CAGEBALLS/WHISTLES/GAME CONES/HOOPS/ -BATTING TEES/GAMES/JUMP ROPES/PLAYGROUND BALLS-AFTERNOON ADVENTURE 47733 JENNIFER PAYNE MILEAGE-COMMUNITY CENTER 47734 CONNIE L PETERS MILEAGE-COMMUNITY CENTER 47735 PLYMOUTH PLUMBING REFUND-PLUMBING PERMIT 47736 POWER BRAKE EQUIPMENT CO -BATTERIES/DUST COVER/STROBE LIGHTS/LENS/ ANTI-FREEZE-EQUIPMENT MAINTENANCE 47737 PRAIRIE ELECTRIC COMPANY INC -FURNISH & INSTALL 7 UNDERCABINET LIGHTS -IN STUDY STATIONS/2 RECEPTACLES-POLICE BUILDING 47738 PRAIRIE LAWN & GARDEN -TIRE TUBES/FILTER/SCREW/BLADE SHARPENING- -FIRE DEPT/EQUIPMENT MAINTENANCE/ COMMUNITY CENTER 47739 PRECISION BUSINESS SYSTEMS INC -TRANSCRIBER-$599.00/DICTAPHONE-$349.00/ MAINTENANCE AGREEMENT-WATER DEPT 47740 PHM COMMUNITY SERVICES SENIOR PROGRAMS INSTRUCTOR/FEES PAID 47741 PRIOR LAKE AGGREGATE INC SAND-SNOW & ICE CONTROL 47742 PROTECTIVE SURFACING INC -SEALING FLOOR OF REMODELED FIRE STATION #3 47743 PSQ BUSINESS COMMUNICATIONS INC -DECEMBER 88/JANUARY & FEBRUARY 89 MAINTENANCE AGREEMENT-CITY HALL 47744 R G HODEEN INC PAINTING CENTRAL FIRE STATION 47745 REVERE PAINT-WATER DEPT 47746 RIDGE DOOR SALES & SERVICE INC INSTALL DOOR SPRINGS-FIRE DEPT 47747 ROAD RESCUE INC FIRST AID SUPPLIES-FIRE DEPT 748 PHILIP ROSE BASKETBALL OFFICIAL/FEES PAID ,749 S & S ARTS & CRAFTS CRAFT SUPPLIES-PRESCHOOL PLAYGROUND 47750 ST PAUL BOOK & STATIONERY CO -OFFICE SUPPLIES-CITY HALL/COMMUNITY CENTER/RECREATION DEPT 47751 ST PAUL RESTAURANT & EQUIPMENT TOWELS-FIRE DEPT 47752 SANCO INC ICE MELT-POLICE BUILDING 47753 THE SANDWICH FACTORY INC EXPENSES-COUNCIL 47754 SAVOIE SUPPLY CO INC DEGREASER-EQUIPMENT MAINTENANCE 47755 MARK SCHMIDT TENNNIS INSTRUCTOR/FEES PAID 47756 SCHMIDT READY MIX INC CEMENT-STREET MAINTENANCE 47757 THOMAS SCHMITZ FIRE CALLS 47758 ANTHONY SECINARO FIRE CALLS 47759 SETON NAME PLATE CORPORATION EMERGENCY DIAL 911 SIGNS-FIRE DEPT 47760 SETTER LEACH & LINDSTROM INC -SERVICE-COMMUNITY CENTER LITIGATION/ COMMUNITY CENTER REPAIR 47761 SHAKOPEE FORD INC -VALVE ASSEMBLY/CONTROL/CORE/REMOVE & -REPLACE CARBURETOR/ENGINE REPAIR- EQUIPMENT MAINTENANCE 47762 SKARNES INC PARTITIONS & INSTALLATION-FIRE DEPT 47763 W E SLATE CO MARKER BOARDS-POLICE DEPT 47764 W GORDON SMITH CO GAS-EQUIPMENT MAINTENANCE/PARK MAINTENANCE 47765 SNAP ON TOOLS CORP -WRENCHES/SOCKET SET/PLIERS-EQUIPMENT MAINTENANCE 47766 SNITZ MANUFACTURING COMPANY -BEAN BAGS/GOALS/BALL BAGS-AFTERNOON PLAYGROUND 767 SOUTHWEST AUTO SUPPLY INC -PAINT/FILTERS/IGNITION/HOSE/TEMPERATURE -CONTROLS/CALIPER CONES/BRAKE SHOES/BRAKE -PADS/BRAKES/IGNITION SWITCHES/GASKETS/ -GAUGE/LIGHTS/SPARK PLUGS/TAPE-EQUIPMENT MAINTENANCE 592.00 89.75 20.75 20.50 483.79 675.00 29.45 1078.00 50.00 1277.72 4361.00 1465.50 920.00 64.51 252.00 68.58 174.00 23.72 134.73 51.90 55.60 74.78 408.75 93.00 77.15 9.00 9.00 62.54 4744.36 644.59 919.00 505.00 49.93 123.30 110.58 1270.03 2098950 %11 47768 ANGELA SOCHER MILEAGE-COMMUNITY CENTER 45.25 47769 SOUTHWEST SUBURBAN PUBLISH INC -ADVERTISING-LIQUOR STORES/HISTORICAL & 1023.12 CULTURAL COMMISSION 7770 STREICHERS PROFESSIONAL POLICE EQ UNIFORMS/HELMET BAG/HELMET-POLICE DEPT 232.00 47771 SULLIVANS SERVICES INC SERVICE-OUTDOOR CENTER-STARING LAKE PARK 111.00 47772 SUPPLEE ENTERPRISES INC SUPPLIES-LIQUOR STORE 18.00 47773 SUPREME SALES COMPANY INC -TOWELS/MATTRESS COVERS/PILLOW CASES- 73.02 POLICE BUILDING 47774 TARGET STORES TOYS-CENTER CARE-COMMUNITY CENTER 103.70 47775 TJ'S OF EDEN PRAIRIE EXPENSES-FIRE DEPT 9.12 47776 DOUGLAS THIES FIRE CALLS 9.00 47777 SELECT SERVICE & SUPPLY CO INC 6 GOALS & NETS-AFTERNOON ADVENTURE 151.47 47778 VALARIE TRADER AEROBICS INSTRUCTOR/FEES PAID 175.00 47779 TWIN CITY OXYGEN CO OXYGEN/CLEANING SUPPLIES-EQUIPMENT MAINT 18.14 47780 UNIFORMS UNLIMITED -UNIFORMS/ANIMAL TRAP/BINOCULARS-POLICE 2040.15 DEPT 47781 UNITED FIREFIGHTERS ASSN DUES-FIRE DEPT 25.00 47782 UNITED LABORATORIES INC ICE MELTER PELLETS-WATER DEPT 108.86 47783 UNLIMITED SUPPLIES INC NUTS/WASHERS-PARK MAINTENANCE 110.43 47784 KEITH WALL EXPENSES-POLICE DEPT 16.67 47785 THE WALL STREET JOURNAL SUBSCRIPTION-FINANCE DEPT 119.00 47786 WATER PRODUCTS CO PIPE/COUPLINGS-WATER DEPT 240.14 47787 TINA WEISER EXPENSES-POLICE DEPT 26.00 47788 WEST WELD -NOZZLES/WELDING GLOVES/WELDING ELECTRODE/ 196.41 DIFFUSER-EQUIPMENT MAINTENANCE 47789 WILSON TANNER GRAPHICS -BUSINESS CARDS-ASSESSING DEPT/OUTDOOR 60.00 CENTER 47790 KEN WORDE HOCKEY OFFICIAL/FEES PAID 126.00 791 WORKER'S COMPENSATION LAW BULLET! SUBSCRIPTION-FIRE DEPT 48.99 .7792 YOUNGSTEDTS INC TIRES-EQUIPMENT MAINTENANCE -.; 456.31 47793 ZEE MEDICAL SERVICE -FIRST AID SUPPLIES-CITY HALL/PARK MAINT/ 131.50 PUBLIC WORKS BUILDING 47794 ZIEGLER INC -DUMP TRUCK SNOW PLOW BLADES-EQUIPMENT 1748.10 MAINTENANCE 47795 KAY ZUCCARO AQUA AEROBICS INSTRUCTOR/FEES PAID 75.00 47083 VOID OUT CHECK 8.00- 47325 VOID OUT CHECK 7854.64- 47414 VOID OUT CHECK 10.50- 47429 VOID OUT CHECK 30.00- 47426 VOID OUT CHECK 133.35- -53911 $1447190.77 DISTRIBUTION BY FUNDS le GENERAL 214436.64 11 CERTIFICATE OF INDEBT 506.50 15 LIQUOR STORE-P V M 58874.70 17 LIQUOR STORE-PRESERVE 45880.29 20 CEMETERY OPERATIONS 966.25 21 POLICE DRUG FORFEITURE 4095.50 22 STATE AID CONST 3664.00 31 PARK ACQUIST & DEVELOP 34654.88 33 UTILITY BOND FUND 63355.70 44 UTILITY DEBT FUND 161286.42 51 IMPROVEMENT CONST FD 207640.48 52 IMPROVEMENT DEBT FUND 551838.74 57 ROAD IMPROVEMENT CONST FD 2164.20 73 WATER FUND 77 SEWER FUND 81 TRUST & ESCROW FUND 87 CDBG FUND $1447190.77 96612.73 832.53 263.21 118.00 5)64 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-299 SUMMARY OF FINDINGS ON THE NOVEMBER, 1988 FLYING CLOUD MASTER PLAN WHEREAS, the City Council has reviewed the Master Plan Report, and WHEREAS, the City Council has received and reviewed comments and input from City advisory commissions, City Staff, residents, and interested individuals. NOW, THEREFORE, BE IT RESOLVED the Eden Prairie City Council finds the report's preferred alternative of extending the southerly east/west runway to 5,000 feet incompatible with Eden Prairie's Comprehensive Guide Plan for the following reasons: 1. The runway expansion and extended Safety Zone A will remove 100+ acres planned for residential and park use from the City's Guide Plan. 2. The associated extended Safety Zones A and B will prohibit and restrict residential development respectively. 3. The adjacent landfill and U.S. Fish and Wildlife area are identified incompatible uses with an airport and thereby incompatible with expansion. 4. Aircraft flight patterns will be extended out and lowered which will impact neighborhoods presently receiving minimal aircraft noise. This will have a significant impact on the future residential planned for southwestern Eden Prairie. 5. An extended runway will attract additional jet traffic to Flying Cloud which predominately serves single engine aircraft. Mixing slow moving aircraft with fast traveling aircraft can cause ground and air confusion and congestion. 6. The expansion appears to have minimal benefit to the metropolitan area. 7. It has not been demonstrated that future jet aircraft cannot be accommodated at St. Paul Downtown and other MAC airports. 8. The "spike" noise (90-100+dcb), associated with jet aircraft, is not compatible with Eden Prairie's existing and planned residential uses around the airport. 9. Based upon the 1986 Metropolitan Council's Aviation Plan, Flying Cloud can meet its operational demands up to the year 2003. BE IT FURTHER RESOLVED, the Eden Prairie City Council has the following response to additional hangar space at the south side of the airport: A. Old hangars and hangar rows should be considered for rehabilitation or raising and new hangars erected. This could delay the need for expensive land acquisition and site preparation for a new hangar area. B. If new hangars are constructed along the south side of the airport, a screening plan should be implemented which will interrupt the view of the airport from the Wildlife Refuge and any future adjacent residential uses. ADOPTED by the City Council on the day of , 1988. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk Cuningham ;..tArchiteets, ;,1,11.1:11:100141,4 1 '.V3titkil 7.7210 N. Second Screei .'1 :,.:Minneapolis, MN 55401 ; N6I2 r332 0224' I:1MM ;*".1m ,:fri November 22, 1988 Don Uram Eden Prairie Planning Department 7600 Executive Drive Eden Prairie, MN 55344 Dear Don, Please find enclosed the photos and copies I promised y o u . Y o u w i l l n o t e t h a t t h e south and west additions make up Phase I. They include the following: First Floor South: New administrative offices, Guidance and Career Cente r , n u r s e s o f f i c e s a n d f a c u l t y lounge, accessible from the visitor parking lot. First Floor West: New art rooms, life management labs, department off i c e s , a n d s t o r a g e a r e a s . L i f e management areas are near the school kitchen and clo s e t o t h e o u t s i d e d e l i v e r y d o o r s . The art classrooms have direct access to the outside fo r n a t u r a l l i g h t a n d l a n d s c a p e art. Second Floor South: New English and social studies classrooms and depart m e n t r e s o u r c e a r e a , n e a r t h e Media Center and central to the building. Second Floor West: New business education labs and classrooms, new depa r t m e n t r e s o u r c e a r e a s a r e shared with the industrial technology department. Third Floor South: New math classrooms and department resource area. Third Floor West: New chemistry and physics labs and storage areas. 17nmscritTriml John W.Cuningharn.AIA : 1.31SitittlfrillIkVtiti/4 1113 )ohn Quirer, A1A dJohn :131,101M111111UF.41:3Mi Hamilton:AIA tiat4110421201413WOIZEI titit1241Eiltiellitqad 310 The first phase will be released for bidding on January 20, 1989 wit h o c c u p a n c y expected in September 1990. Phase II construction includes all of the interior life safety remodel i n g , r e n o v a t i o n o f the Media Center and the addition of a new gym, new physical educ a t i o n m u l t i - purpose activity room, new rehearsal hall and a new scene shop for t h e a u d i t o r i u m . This phase will be bid in April of 1989 with occupancy expected in S e p t e m b e r o f 1 9 9 0 . The building exterior will be both matching and contrasting brick w i t h s o m e a r e a s o f glass and aluminum curtain wall. The intent of the design is to mak e t h e b u i l d i n g a s open and welcoming as possible from both the north and the south e n t r i e s . My apologies for the delay in getting this to you. If you have any qu e s t i o n s , p l e a s e d o not hesitate to call. Sincerely, John Hamilton Enc. 161 _ x- .s ...... \ \ N ... ----- ./..."',..(t. '''... N. ., , , , -1 % ; I' EDEN PRAIRIEPRAIRIE HIGH SCHOOL (1.0.1P41,00.1 ARC MT111-74. I' _ PHASE 11 PHASE 1 PHASE I FIRST FLOOR FLAN • • . • . • ••• • • • EDEN PRAIRIE HIGH SCHOOL ammommucurrecrior.A. 112.110 = = SECOND FLOOR PLAN • EDEN PRAIRIE HIGH SCHOOL .• PHASE I _ PHASE I EDEN PRAIRIE HIGH, sana 01111711101411 MICNITIXTIL THIRD FLOOR rtArr 4.1ni' - • . i. . • L 71 34&P.,..f••• • , ., . ...... ..sarigEtik—listvp.iny,21:,:::lit: tr 1,1"'n*,...:--1-7.:-: i: ..... 43 4kk",i ,4,,, mei &sr ii, :::: - - ----'`--7-C: Li 1.'s...-1 "::' ;%111.411- :--: ---__.,. r-1 7. • 470— ...11 11434 1 rmr.411..4 ' no,re n - t . , .1 .t1:2--k- ' tril ill l'' alM4"t7L1 • ' 7.,, • Ao.r - ; ;., • - • ' • • .'.:!;•4•';',..'",V.•••.,•••••;:i4j;re'-'-.:,'•:.,,: •-• •••;5.-• • 17.,4:0„1.,..v,4,- , _••• ,„„,„,, • :A 4 nn , MEMORANDUM TO: THROUGH: FROM: SUBJECT: DATE: Mayor and City Council City Manager Carl J. Jullie Assistant to the City Manager Craig W. Dawson New Conditions for On-sale Intoxicating Liquor Licenses November 1, 1988 Minnesota law establishes the number of on-sale intoxicating liquor licenses a community may issue by its population. Because their number is limited, these licenses can be important tools for shaping what cities will become. Eden Prairie has several licenses remaining. As there has been increasing interest among businesses to be granted these licenses, it is timely to revisit this issue and determine what changes, if any, should be made. CURRENT STATUS OF LICENSING AUTHORITY: Due to the 1985 federal cersus of the City, Eden Prairie is considered a city o f second class for purposes of on-sale licensing. In this classification, a city may issue up to 18 licenses plus one for every 2500 residents over 45,000 population. (Assuming an ultimate population of 70,000, Eden Prairie would have 28 licenses available.) The City may choose to limit the number of licenses to fewer than that authorized by statute, but may not issue more licenses without a referendum to do so. The number of club, non-intoxicating, and wine licenses are not limited by statute. Licenses are issued to a particular person (or corporation or partnership) for a particular location and are not transferable. License applicants are subject to a thorough police background investigation. In Eden Prairie, licensees pay $7,500 per year ($7,700 if they have Sunday sale) for the license. Current licenses in Eden Prairie are held by: Abby's,Great American Food Ciatti's Italian Ristorante Edenvale Golf Club Greenstreets of Eden Prairie Kabuki/Ernest T's Restaurant Mexican Village Restaurant Mirage Restaurant Snax Bar & Grill Stars Restaurant (Flagship Athletic Club) Two other license applications have been submitted: Applebees Neighborhood Grill and Bar Marriott Courtyard Inn CURRENT CONDITIONS OF LICENSE: Chapter 4 of the Eden Prairie Ordinance Code covers the licensing and regulatio n of beer, wine, and liquor sales. Essentially, the following conditions must be met in order for a license to be issued: a) A restaurant shall have seating facilities for not less than 150 guests. (Sec. 4.01, subd. 20) cm cp - 2 - b) A hotel or motel shall have not less t h a n 1 0 0 g u e s t rooms, and if it has a dining room as a n i n t e g r a l p a r t o f its establishment, seating for at leas t 1 0 0 g u e s t s m u s t b e provided for food service. (Sec. 4.01 , s u b d . 2 1 ) . c) In a restaurant, or in that part of a h o t e l w h e r e t h e r e is a restaurant, 50 percent or more o f t h e g r o s s r e c e i p t s shall be derived from the serving of f o o d . ( S e c . 4 . 1 1 ) d) No license shall be granted for any b u i l d i n g w i t h i n 3 0 0 feet of a public elementary or second a r y s c h o o l s t r u c t u r e , or within 100 feet of any church struc t u r e . ( S e c . 4 . 3 2 , subd. 5) e) On-sale licenses shall be granted only t o b o n a f i d e c l u b s , exclusive liquor stores, drug stores, r e s t a u r a n t s a n d motels or hotels. (Sec. 4.32, subd. 6 ) f) No more than one license (or having 5 percent or more i n t e r e s t in a license) shall be held by any per s o n . ( S e c . 4 . 7 1 , subd. 8) g) No license shall be granted to a pers o n o f q u e s t i o n a b l e character or business reputation (Sec . 4 . 0 2 , s u b d . 4 F ) . SURVEY OF OTHER COMMUNITIES: As might be expected, each city will h a v e s o m e w h a t d i f f e r e n t c r i t e r i a t o b e m e t before a license will be issued. One o f t h e m a j o r d i f f e r e n c e s w h i c h can occur relates to the physical establishment - i t s v a l u e o f c o n s t r u c t i o n a n d s i z e expressed in terms of seating or squa r e f o o t a g e . F o r p u r p o s e s o f s u r v e y i n g other cities, staff focused on these i s s u e s . A s s o m e c i t i e s s e n t m o r e e x t e n s i v e Information, this is reported below: Valuation Space Food Sale City Requirement Requirement Requirement Other Apple Valley No Bloomington No NR NR 50 seats & 1200 SF; "principal part" * D i s t a n c e s - 50 hotel rooms & of business at least 1000 ft 900 SF dining area from school parcel, 900 ft from church parcel Eagan $200,000 40 seats; for that 25 guest rooms portion in which liquor can be served c3v11 60%+ *4 licenses designated for hotels (1 currently held) *2 licenses designated for restaurants having more than $350,000 value non-leasehold Improvements *These designa- tions made by ordinance -3- Minnetonka No 100 seats 50%+ Referendum approved which removed statutory limit on number of on-sale licenses Plymouth $1.1 million 150 seats (1987) adj. annually on a building cost index Richfield $600,000 4000 SF & 40 restaurant; seats; 100 $1,000,000 guest rooms & hotel 30 seats 40%+ "principal part" of restaurant business or that area of a hotel which serves food *Distance - 500 feet of school or church property; 750 feet of resi- dentially zoned or guided property St.louis Park No 30 seats; 30 guest rooms No *Resolution states favor- able considera- tion of location *Distance - 300 feet from church or school *1977 Referendum adced 6 licenses ($750,000 or 10,000 S.F. (excl.land ($250,000 or 5,000 S.F. (excl. land "Class I" restaurant w/"Class I" restaurant former restaurant ) standard in ) effect 1975 -) 1988 former hotel ) standard in ) effect 1975 -) 1988 Eden Prairie No 150 seats; 50%+ *Distance - 300 100 guest feet from public rooms & 100 school or church seats EDEN PRAIRIE INVENTORY To give an idea how on-sale establishments in Eden Prairie would relate to square footage or valuation minima, the following data have been assembled from City records. All have at least 150 seats. Building value Is the value of construction in the year built (unless noted by "*" to show the 1988 estimated market value). In cases where the establishment is part of a larger complex, the value was not determined. 301 -4 - Abby's Great American Food Ciatti's Italian Ristorante Edenvale Golf Club (2nd floor) Greenstreets of Eden Prairie Kabuki/Ernest T's Restaurant Mexican Village Restaurant Mirage Restaurant Snax Bar & Grill Stars Restaurant Square Footage 4840 4780 4228 4887 8174 4548 5603 5194 5000 Bldg. Value 170,000 500,000 413,000 271,000* 354,000* 358,000* 383,000 ALTERNATIVES Eden Prairie's performance criteria are relatively stringent compared with other communities. All but one of the current or pending licenses are restaurants or auxiliary to recreation establishments. Inasmuch as the Council has identified having a hotel with banquet and meeting facilities as a priority for the community, the Council may consider designating one or more licenses for this land use. The Council is supportive of a special downtown area; an establishment which also serves liquor could be one which would attract desirable development to the area. Similarly, the Council may consider designating one or more licenses for a specific geographic area(s). Reserving two licenses for hotels would underscore the City's priority to have lodging and meeting facilities in the community. Standards on banquet facilities and meeting space would need to be established (for example, Marriott Courtyard Inn has two meeting/dining rooms with seating for 43 persons in each, an amount of space generally less than desirable for the type of hotel the City and the Chamber of Commerce, among others, has tried to attract). With two licenses reserved for this type of hotel use, the City would keep competition alive in this business. One of the concepts behind a "hometown downtown" is an opportunity to create an entertainment district. A concentration of on-sale establishments would create a lively, attractive ambiance as well as contain the police enforcement associated with liquor operations. From an urban planning perspective, it appears that four or five establishments would be an optimal number (one - Ciatti's - is already in place). If a downtown zoning area were created, additional controls regarding architecture, open space, adjacent uses, etc., could be used. Perhaps some credit for outdoor seating could be given to offset indoor year-round seating requirements. While all on-sale establishments must be located on commercially-zoned properties, this downtown appproach would define further where the majority of licenses could do business in a manner consistent with community expectations. The alternatives above assume that the number of licenses will be fixed in accordance with Statute. This number is tied to the decennial census or a federally-conducted special census; consequently, it could remain at 18 throughout the 1990s unless the Council decides that taking a special census is desirable (and cost-effective). If, as suggested, two licenses were reserved for large hotels and three or four new licenses are reserved for "downtown", and if the licenses for Applebees and Marriott Courtyard Inn were granted, only one or two licenses would remain undesignated. If Councilmembers are concerned about this situation, there is yet another alternative - a referendum to exempt the City from the statutorily-prescribed number of licenses. -5- Minnesota statutes provide that a referendum may be held to a) increase the number of licenses by a specific number above the statute, or b) to remove the statutory limit altogether. This referendum may be held at either a general or a special election. Either of these approaches has its advantages and disadvantages. With an unlimited number, denial of a license may be difficult if the applicant has met all conditions. On the other hand, the stringent performance standards set by Eden Prairie acts to limit the number and type of potential establishments. The City of Minnetonka, for instance, has adopted the unlimited number option and, because of its demanding performance criteria, is not finding this approach to be a problem. SUMMARY AND RECOMMENDATIONS: Depending on the types of land uses desired by the City and economic conditions, the number of on-sale intoxicating liquor licenses may become a critical issue during the next few years. No change in policy could be followed, in which case those appplicants who meet the City's requirements for seating and food service sales would be granted a license unless there wee compelling reasons for denial. A change in policy could work to the .Ci/y's advantage to attract desriable land uses, and perhaps to preferred areas. As long as the number of on-sale licenses is limited by statute, staff suggests that the Council consider an amendment to the Ordinance Code to designate a number of the licenses remaining to be issued. If Council wishes to reserve a number of licenses for particular types of hotels, staff will develop definitions and prepare an ordinance. Similarly, if Council wishes to set aside a number of licenses for a particular area such as the "hometown downtown," staff will delineate the area for incorporation into a proposed ordinance. Council may also wish to consider a referendum to exceed the number of licenses which may be issued. If the option to remove limits altogether is chosen, then designating the types of uses and/or locations for licenses would no longer be necessary. No further changes are suggested in the performance standards to be met prior to license issuance. The seating and food sales requirements appear to be working well. Staff will proceed based upon Council direction. CWD:jdp ix) PETITION WE, the undersigned representatives of the Cities of Corcoran, Dayton, Greenfield, Independence, and Eden Prairie, after careful analysis of the full impact of the landfill siting process on our communities and others in Hennepin County, and equally mindful of similar ongoing problems with landfills in neighboring Anoka County, where several superfund cleanup sites now exist, do hereby petition the Hennepin County Board of Commissioners to join with the elected representatives of Anoka County and any other metro county to petition the 1989 Legislature and the Governor to repeal any further efforts toward siting any new landfills or expansiops in the seven county metro area under the 1980 Solid Waste Management Law, and then to replace this parochial couoty=by -county approach with a regional Solid Waste Commission appointed by the Governor. Such a Commission would be modeled on the attached proposal and, using an incentive system, would search for and find remote and environmentally safe solid waste processing and disposal areas outside the present or projected growth patterns of Minnesota's urbanizing population. We request that the new Hennepin County Board, with its goal of a better liaison with the State Legislature, add this proposal to its 1989 legislative agenda, and we pledge our efforts toward this common goal. Respectfully Submitted this 6th day of December, 1 -986: City of Corcoran City of Dayton By By City of Greenfield City of Independence By By City of Eden Prairie By METRO AREA SOLID WASTE DISPOSAL Overview Presented By Corcoran Landfill Comdttee November TO. 1908 A. Current Situation: 1. Hennepin County is facing a critical land use and environmental challenge in the implementation of the 1980 Solid Waste Management law. Currently, Environmental Impact Studies are being done on four 'candidate" landfill sites in Hennepin County. Land use elements of the E.I.S. studies include a limited vision of the County to the year 2000 - only eleven years from the projected completion of the E.I.S. It is now almost nine years since the 1980 law was passed and no landfill has been sited yet. Solid waste disposal procedures and methods in the metro communities are now, for the most part, short -sighted, and these short-range programs have resulted in excessive local conflict. This nine year delay is largely the result of the public's realization that there really is no local solution within this relatively dense population area because all existing or proposed sites impact too many people's residences, and this situation only worsens every year. The inground degradation time of a landfill is long-range and the environmental impact will still, be felt well into the 21st century. 2. Historic landfill sites currently located in the metro coaemnities are major problems in part because the metro area has grown out to and surrounded them with urban and suburban housing. These landfills are really industrial land uses in a residential landscape. Private industry today would never be allowed to create such environmental havoc on its own. Apparently government is not bound by such environmental constraints. 3. By default, any new site in the metro counties is within the potential growth pattern of metro urban and suburban areas over the next 50 to 100 years. Despite a few surviving farms, the basic nature of the metro counties is now really suburban, not rural, and the trend is for even more urbanization. Siting new landfills in this urbanizing environment of increasingly dense residential land use, now totally dependent upon its groundwater, is the height of environmental folly - particularly if we are entering a drier period as the earth's climate warms. 4. The transportation impact of massive solid waste transfers to the so-called rural but, in fact, suburban settings in the metro area will overload the residential character of these low grade roads and threaten the local bicycle and pedestrian use that is now developing along these low traffic count roadways. Projected daily traffic flows of 400 to 500 14 and 20-ton heavy trucks will result in constant barrages of noise and imminent danger to the school bus stops along these comparatively narrow and winding two lane collector streets. There are no sidewalks to separate the trucks from the pedestrians and cyclists. -2 - S. Overall, solid waste disposal is a long-term problem which requir e s l o n g - t e r m planning. Right now, in the late 1980's, the current Hennepin County DEIS is using only the year 2000 Metro Urban Service Area line as a decision c r i t e r i a . Landfill siting a facility with a SO to 100 year impact that falls b e y o n d a planning line representing only an eleven year horizon is indicative o f a v e r y short-term decision procedure. It is the short-term horizon of those p l a n n i n g such facilities which needs correction as much as any of the technical p r o b l e m s involved. 6. The material put in public landfills makes such sites essentially unusab l e f o r urban or suburban purposes for the next SO to 100 years or more, r e d u c e s adjacent land values, and also removes the land from the tax rolls of g r o w i n g suburban communities that need the revenue for a better infrastructure. 7. High metro tipping fees are helping to force up metro landfill costs i n p a r t because of this irrevocable use of expensive land and the costs to b u f f e r properly a new or existing metro landfill are now becoming prohibitive . M u c h lower fees are available in outstate landfills, in part because they d o n o t have these buffer or surrounding area land use problems in low density a r e a s . That is why a large share of metro garbage is already being hauled now o u t t o lower fee landfills. 8. Because of the constant, loud sound of heavy earth moving equipment, a m o d e r n landfill needs at least one-half mile M.O.L. buffer of land, preferably sheltered by hills, berms and mature, dense stands of screening e v e r g r e e n trees, or even noise abatement fencing such as now used along in t e r s t a t e hi9hways, to fully surround the active working area and separate it from existing or proposed residences over its working life. After clo s i n g t h e lanctfill, such a large land buffer is still needed to help pro t e c t t h e groundwater wells of surrounding residences, farmsteads and busines s e s o v e r the next 50 to 100 years. As can be seen, then, an 80 acre active l a n d f i l l needs a 1120 acre M.O.L. buffer, for a total landfill site acreage o f a b o u t 1200. To put in a mere 160 or even SOO acre landfill site in an urbani z i n g a r e a is to transfer the true costs of this buffering function to the sur r o u n d i n g individual land owners and their community. That is the problem f a c i n g Hennepin County today at the Flying Cloud landfill in Eden Prairie. T h e r e i s no rational reason for the County to repeat the Flying Cloud mistake a g a i n . Hennepin County and the metro area are obviously going to continue growi n g . 9. The present solid waste process, even with current levels of glass, me t a l a n d paper recycling, is still largely a negative program aimed at "dispo s a l " o f supposedly unwanted waste with little apparent planning to ma k e t h e unprocessed garbage or even burn ash residue recyclable. Recovery of t h e a s h for agricultural and/or construction purposes could be both economically and environmentally cost effective. Superfund cleanups in the future wi l l c o m e out of the metro taxpayers' pockets, and they do not need any more clean u p s o f new sites which, today, are unpolluted. -3- B. A Regionalized Solution: 1. While government and the public have stopped looking at solid waste as entirely something to throw away and have started looking at it, in part, as a valuable resource to recycle, more can be done. In addition to recyling of metals, glass and paper we must develop technology to use the residue of burn plants as raw material for agriculture, construction of roads, building blocks, etc. The quantities of this residue being produced by our society are staggering and large scale uses need Lobe developed. 2. Minnesota should use the new framework of resources and organization of the Greater Minnesota Corporation to focus this type of technology research through the University of Minnesota system so as to develop not only real answers to the metro area's solid waste problem but also to develop technology that can be marketed or licensed to other urban areas with the same problems (another way to make Minnesota a "brainpower state"). Further, outstate areas have the same ecological problems, even if to a somewhat lesser degree, and the regional solutions needed for the metro area could also be used in the outstate areas just as they now are regionalizing their schools.and other infrastructures. Solid waste is a statewide problem. 3. The Governor needs to create a metro-wide Solid Waste Commission similar to the Regional Airport Commission. Such a Commission mould supervise this regional solid waste process and induce private enterprise to input revenue to the Commission for franchises, tip fees, etc. for the rights to access to this solid waste system. This Conmission's budget, after startup, can be self-financed and not a burden to the State. 4. Have this Commission contract with local government agencies and property owners in accessible sites with heavy duty road and rail transportation in Greater Minnesota areas which need an input of industry. Such outstate areas could become the processing and storage sites for metro solid waste residue after the energy has been extracted at burn plants. These locations should meet all the normal hydrological, geological, ecological and transportation criteria now looked at for landfills, but also should be located in areas of very low population density with no future projected chance for urbanization in the next 100 years. Residue not reclaimed would be landfilled. A similar incentive program on hazardous wastes has been drawing interest from counties in depressed areas. This must be an incentive driven program. S. To avoid the nearby neighbor problems now seen at all metro landfills such as Flying Cloud, have the Commission contract to buy large sites of several sections with permanent built-in buffers, such as now done on new airports to buffer noise. The land price in outstate areas would be only 10% to 20% of the land price in metro counties, even if located near an interestate highway with possible rail access. Then, have the Commission lease out the operational management, commercial, agricultural, tree farm rights, and even landfill gas recovery, if available, in the buffer areas under normal bid procedures. The Commission within these processing areas could also lease land to related industrial-type firms (in the buffer) for support services. OveralL these sites could then become small islands of industrial activity an hence, create long-term jobs in outstate areas where such activity is now scarce. Further, there would be steady employment since there is no recession per se in the solid waste collection business. The resulting -4- landfill and solid waste processing could thus proceed at these outstata sites without unfairly burdening nearby neighbors with this industrial type of land use with its ever present loud noises and potentially unpleasant landscape. Government has to recognize that landfills are messy and noisy land uses which no resident really wants as a nearby neighbor. 6. The overall concept is to create an environmentally acceptable way to process urban solid waste in a planned industrial park setting where it can continue for 30, 50, even 100 years with no concern that changing land uses in the immediate area will create a resident population around it later. Run as a business on the model of a regional airport - with franchises to bidding firms to carryout the various phases including conversion of the solid waste into further end products, such as building material for roads, etc. - the entire concept of garbage disposal can itself be disposed of and replaced with a newer, more systematic version of resource recovery. 7. The economics of scale in handling such a process can utilize rail transportation as well as trucks on major highways and create outstate jobs as well as metro ones in the overall cycle of operations. A regional governmental approach to the solid waste collection in the metro area is mandatory to get full benefits of the economics involved. The local governmental control at the outstate processing sites can best be done by existing county government in the outstate area by strengthening their local codes on industrial and landfill land uses, and having appropriate solid waste policies from the PCA. The metro area Solid Waste Commission would then, itself, be regulated like any other industrial owner on its outstate land use by the local county and on its environmental effects by the State. Such checks and balances are needed to create a watchdog system in this ecologically sensitive business. 8. On an interim basis, before full implementatiltcould be completed of a well thought out process, the new Solid Waste CUMmission could negotiate for interim capacity in existing landfills beyond the growing metro area by using the incentive of paying higher metro area tipping fees to induce private firms and surrounding governments to continue taking the metro capacity as is now happening. Much of the metro waste is already leaving now to surrounding area landfills because of lower tipping fees. This orderly conversion to outstate landfills should be organized and monitored by the new Solid Waste Commission to ensure that environmental concerns are maintained while the necessary and ongoing functions of timely solid waste removal from metro area residences and businesses continues. G. Such a Solid Waste Management Law of 1889 would allow the metro areas as well as Greater Minnesota to prepare to enter the 21st century with a cohesive and long-range plan for their combined solid waste handling needs. The failure to attack this long-term recycling and landfill problem now will simply lead us down the path to a repeat of the same mistakes of expediency that government is experiencing with the Flying Cloud landfill site today. As one local wag has stated, "even dogs know enough not to foul up their own,sleaping areas." The State needs to preface any new solid waste legislation with a repeal of any further siting efforts foilIandfill sites in the metro area under the 1960 law. Otherwise, the local wag might further observe that man's best friend is the more cerebral in creating a clean living environment. r MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation & Natural Resources 1-+L— DATE: December 14, 1988 SUBJECT: 1989 Cash Park Fees At the December 6, 1988 meeting the Parks, Recreation and Natu r a l R e s o u r c e s Commission reviewed the recommendation of staff relating t o a p r o p o s e d increase in cash park fees for 1989. The Commission noted that P l y m o u t h w a s charging $600 in 1988, Eagan $492, Maple Grove $454, Lakevil l e $ 5 5 0 , p l u s a $150 trail fee and Apple Valley 10% of the land or cash equiva l e n t , w h i l e t h e City of Eden Prairie was charging $440 per single family un i t a n d $ 3 3 5 p e r multi-family unit. The majority of the second tier suburbs t h a t c h a r g e o n a per unit basis charge the same amount for multi-family as fo r s i n g l e f a m i l y per unit. The Parks, Recreation and Natural Resources Commission recomm e n d e d t h e C i t y Council authorize staff to adjust the 1989 park fee closer to t h e a c t u a l 1 0 % value of the land. At the December 13th meeting, the City Council continued the d i s c u s s i o n f o r 1989 cash park fees to the December 20th meeting, and directed s t a f f t o r e v i e w fees based on average cost of undeveloped land within the MUS A l i n e t h a t i s ready for development. The City Assessor has indicated that it is extremely difficult t o d e t e r m i n e a n "average" land value for undeveloped residential property due t o t h e v a r i e t y of amenities that are available within Eden Prairie; however, he h a s p r o v i d e d the following information on recent sales of undeveloped land w i t h i n t h e M U S A line: 1. September 23, 1988 - Zoning Rural, Guide Plan R1-13.5 and 9 . 5 , C e n t e x Corporation, 30 acres, cost $28,159 per acre. 2. October 3, 1988 - Zoning Rural, Guide Plan R1-9.5 and R1-13.5, N e w C o n c e p t Homes, 27.2 acres (Wyndham Knob 2nd Addition), $17,830 p e r a c r e . (included wetlands) 3. June 25, 1987 - Zoning Rural, Guide Plan R1-13.5, Jyland D e v e l o p m e n t Corporation, 18.6 acres, $26,882 per acre. 4. July 3, 1987 - Zoning Rural, Guide Plan R1-13.5, New Ameri c a n H o m e s Corporation, 40.49 acres, $21,190 per acre. 5. January 21, 1987 - Zoning Rural, Guide Plan R1-13.5, Dennis Dir l a m , 4 1 . 5 acres, $14,867 per acre. (included wetlands) All of these are relatively large parcels zoned rural, water and sewer was available but not installed, streets and sidewalks were not installed. There were several other sales of land that were smaller parcels and had zoning or had water and sewer available or streets fronting the land. All of those parcels were quite a bit more expensive, several over $100,000 per acre. The City should maintain a relatively simple formula for determining cash park fees, and that formula should be tied to 10% of the value of the residential property, so the City is not being unfair to property owners when the City takes land in lieu of fees or vice versa. If, for formula purposes, the City assumed an average density of two and half units per acre and an average value of $18,000 per acre for unimproved property within the MUSA line, the land cost per unit is $7,200. Ten percent of the land cost per unit would he $720. Seventeen thousand dollar per acre land would equal a park fee of $680 per unit. The actual land value of recent sales of large parcels of unimproved property range from $14,867 to $28,159. The average price of those six parcels was $22,824, which would require a $913 park fee; which may be difficult to substantiate in some cases and would be an extreme jump in fees and not comparable to other communities. The Director of Parks, Recreation for the City of Plymouth has indicated they will be raising fees to about $750 for 1989. Lakeville's fee for 1988 was $550, plus $150 for trails, which totalled $700 for 1988. Staff believes that It would be relatively easy to substantiate a minimum cost of $18,000 per acre for undeveloped land within the MUSA line that is ready for development, and would, therefore, recommend the Council consider a park fee of $720 per unit for both multi-family and single family units for 1989. BL:mdd MEMORANDUM TO: Mayor and City Council Parks, Recreation & Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation & Natural Resources DATE: December 12, 1988 SUBJECT: Proposed Park Bond Referendum At the November 21st special meeting, the City Council approved the draft of the Eden Prairie Comprehensive Park and Open Space Plan with the recommended revisions, and authorized staff to proceed with planning for a park bond referendum to held in the spring of 1989. There are two methods to approach the decision making process for the 1989 Park Bond Referendum. The first method is to follow most previous City referendum procedures and appoint a Referendum Committee that studies all the existing data and holds public meetings to secure input from the people, and then makes a recommendation to the City Council on what should be on the referendum, the amount of the referendum and the date of the referendum. At that point, the Referendum Committee is charged with explaining the referendum and the needs to the citizens. This process generally takes six to seven months. The second method is to follow the method generally used by the School District in which the School Board, or in this case the City Council, takes the lead role and reviews all of the data that has been collected from citizen input through surveys, public meetings, etc. and makes a decision on what will be on the referendum, the amount of the referendum, the date of the referendum; and then appoints a committee that helps the School District (City) bring the message to the community on those needs and the costs. From the Referendum Committee's first meeting until the referendum is generally about six weeks. The positive thing about the first approach is that the citizens are given the opportunity to indicate what they believe should be on the referendum prior to the referendum. The negative about the first approach is that it may appear as though the "people in charge" don't know what the needs are and aren't providing community leadership, but are appointing committees to make decisions for them. The major negative regarding the first approach is the length of time necessary to review all the existing research on needs; thus causing two problems: a) the committee is usually burned out after a couple of months, and b) the interest and support of the community for a referendum peeks well before the referendum, and by referendum time there is, or can be, general apathy toward the issue. The pros for the second method are that the Council or Board takes a leadership role in the decision making process and uses all of the information provided from citizen input, makes a positive decision and gets off to a 5)4 "running start on the referendum". Most citizen lay people are not interested In spending week after week in evening meetings reviewing stacks of figures and statistics justifying needs that people already know exist. They look for the Council and staff to already have that information and generally want a simple, straight forward task that they can accomplish within a few weeks and be relieved of their commitment. Citizens of Eden Prairie have had many opportunities over the last two years to indicate to the City officials what the needs are relating to the park and open space system. In the spring of 1987, a 7.9 million dollar referendum for parks, trails, and Community Center addition failed by 42 votes. Shortly after that referendum, scores of people called to apologize for not voting because they thought it was a "sure thing". Since that referendum a survey of all 2518 people that voted was taken to determine what was supported and what wasn't. In early 1988, the City held four neighborhood meetings inviting residents from each quadrant of the City to provide input on park needs and in the summer of 1988 a newspaper survey requesting input on park needs was completed. The most recent newspaper survey brought the following information: 1. A high percentage of citizens use our parks. 2. People are generally pleased with the adequacy of the park system and the maintenance of the park system. 3. There is no one particular need that the majority of the people recognize at this time; although, most people have one interest or another that they see as a need. 4. The highly ranked overall need is hiking/biking and nature trails; close behind is golf, nature study, neighborhood parks and lake recreation areas. 5. Residents are evenly split on the need for additional outdoor recreation facilities such as: active use areas (49% in favor of more), and additional neighborhood park areas (50% in favor of more). 6. Although only 37% favored "additional indoor recreation facilities" in the survey, there were a sufficient amount of questions relating to the ambiguity of the question ie. more buildings vs adding to the existing facility, that there may be more support than perceived. In the survey of the 2518 voters that voted in the 1987 referendum, the following information was obtained: 1. The Community Center additions received less general support from all voters than the park and trail development proposals. 2. Only thirty-five percent of all voters supported the ice rink addition to the Community Center, while forty-seven percent of all voters (14% of yes voters and 75% of no voters) were strongly or somewhat opposed to the ice rink proposed for the Community Center. 3. Fifty percent of all voters favored Miller Park development, while 29% of all voters were strongly or somewhat opposed to Miller Park (3% of yes voters and 54% of no voters). 4. Forty one percent of all voters favored Purgatory Creek Recreation Area access, while 20% of all voters were opposed to the Purgatory Creek Recreation Area access. 5. Fifty-eight percent of all voters of the referendum supported the County Road 4 bike trail improvements and 56% favored County Road 1 bike trail improvements. 6. The adult softball fields, the Purgatory Creek Recreation Area and the neighborhood parks all had more citizens "somewhat or strongly favoring" those issues than "somewhat or strongly opposing" them, although the softball fields would be a close call. 7. None of the proposed items had over 47% of the total voters opposed to that particular item and after the ice rink and the indoor track no item had more than 41% of the total voters opposed to any particular item. 8. Four items had the support of 50% or more of all voters, they include: Miller Park 50%, County Road 4 Trail 58%, County Road 1 Trail 56%, and Hidden Ponds Park Trail 50%. The same four items had relatively small opposition from "overall voters": Miller Park 29%, County Road 4 Trail 23%, County Road 1 Trail 23%, and Hidden Ponds Park Trail 24%. 9. Only three items had more total voters opposing those than supporting those items; they were the ice rink (all voters favored 35%, all voters opposed 47%), indoor track (all votersfavored 33%, all voters opposed 47%) and aerobics room (all voters favored 38%, all voters opposed 40%). The gym was a push (all voters favored 41%, all voters opposed 41%). 10. Approximately 79% of the citizens that returned their survey believed they had sufficient information to vote on the referendum. 11. Sixty-five percent of those who returned the survey would support some of these issues in the future. Only 15% of those who voted would not support any future park improvements. 12. Sixty percent had a concern over the School Bond Referendum that was scheduled for the fall. 13. Only 37% of the voters believe the City has a sufficient number of parks (7% of the yes voters and 65% of the no voters). In the updating of the Park and Open System Plan, the consultant listed the following priorities: 1. land acquisition 2. Miller Park 3. neighborhood park improvements 4. trail system development 5. Eden Prairie Community Center improvements 6, golf course 7. Purgatory Creek Recreation Area 8. outdoor swimming facility 9. construction of special use facilities The Parks, Recreation and Natural Commission ranked the top needs as follows: 1. land acquisition 2. Miller Park 3. Community Center 4. trail system development 5. neighborhood park improvements The Planning Commissions ranked the top needs as follows: 1. land acquisition 2. trail system development 3. neighborhood park improvements 4. Miller park 5. outdoor swimming facility 6. The Community Center and the golf course were tied for 6th. As the staff person directly involved in the last referendum, and having just completed the process for updating the Park and Open Space System Plan, it is my opinion that the needs for the park system have been studied and restudied, and I would recommend the City Council and the Parks, Recreation and Natural Resources Commission hold one joint public hearing to obtain input on a park bond referendum early in 1980; then perhaps hold a joint work session to review the data available from all of the input received from citizens of Eden Prairie over the last three years and determine what issues should be on the referendum, the amount of the referendum, and the date of the referendum. A Referendum Committee should be appointed basically to take that information to the citizens, answer questions and to get the referendum passed. Proposed Bond Referendum Time Table: December 20, 1988 January 3, 1989 January 10, 1989 January 24, 1989 General update on Park Bond Referendum process and information collected to date. Councilmembers appointed to Bond Referendum Committee - Council authorizes Mayor to appoint citizen chairperson for the Park Bond Referendum. Special meeting - Mayor identifies chairperson of Bond Referendum Committee - Councilmembers recommend citizens for Park Bond Referendum Committee- Director recommends staff members - Council sets January 31, 1989 as a special public hearing for citizen input regarding park and recreation facility needs for 1989 Park Bond Referendum Mayor, Bond Referendum Chairperson and Director of Parks, Recreation and Natural Resources meet with committee members to select chairperson for subcommittees - Subcommittees subdivide for planning sessions 3)(11 January 31, 1989 February 14, 1989 March 1-10, 1989 March 13-Apr 14, 1989 April 18, 1989 City Council - Parks, Recreation and Natural Resources Commission public hearing for citizen input regarding Park Bond Referendum - staff provide presentation on information obtained from previous public meetings, surveys, studies, etc., citizens provide comments on needs for park system that should be addressed. City Council - Parks, Recreation and Natural Resources Commission - Referendum Committee Special Meeting to discuss final cost projections and referendum question - Council sets referendum dollar amount and referendum date Referendum Committee planning sessions Community information sessions Target date for referendum This is a tentative schedule for a referendum vote for mid-April 1989. Obviously, if there are some problems that occur regarding cost estimates, etc. during the process, the referendum date would be set back. Assuming that there would be some improvements to the Community Center, the Council would probably require a schematic design by an architect in order to obtain costs per square foot estimates. Land acquisition and park development costs can be estimated by City staff. If the Council determines that we should consider land acquisition for a golf course in this bond referendum, the Council should hire a golf course architect to do a brief study of the site (or sites) selected to determine the amount of land required to insure that a course and community park layout would work. This would be a $5,000-$10,000 expenditure and would probably be a 6-8 week process, and should be authorized immediately in order to stay on the proposed timetable. The City Council and the Parks, Recreation and Natural Resources Commission may wish to have a joint meeting, perhaps a workshop at the Outdoor Center, on a Saturday morning to discuss the referendum process prior to beginning this process. BL:mdd 919),