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HomeMy WebLinkAboutCity Council - 09/12/1989ej:Frait AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 12, 1989 COUNCILMEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLL CALL 7:30 P.M., CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock and Douglas Tenpas City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, Attorney Roger Pauly, Director of Public Works Gene Dietz, and Recording Secretary Deb Edlund I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. PUBLIC HEARINGS A. Special Assessments, I.C. 52-102, Storm Sewer and Street Impro v e m e n t s in Hidden Glen 3rd Addition. B. Special Assessments, I.C. 52-110, Street Improvements on G o l d e n Triangle Drive south of West 74th Street. C. Special Assessments, I.C. 52-129, Watermain, Sanitary Sewer , S t o r m Sewer and Street Improvement in Wyndham Crest Addition. D. Special Assessments, I.C. 52-131, Storm Sewer and Street Improv e m e n t s on Hamilton Road. E. Special Assessments, I.C. 52-132, Sanitary Sewer, Storm Sewer, Watermain Improvements on Franlo Road from Prairie Center Dr i v e t o Grier Lane. F. Special Assessments, I.C. 52-133, Storm Sewer, Watermain and Sa n i t a r y Sewer in the Legion Park Plat. G. Special Assessments, I.C. 52-147, Watermain Improvement alo n g C o u n t y Road 4 and County Road 1 east of Cedar Ridge Estates and w e s t o f Staring Lake II. H. Special Assessments, I.C. 52-149, Watermain Improvements alon g C o u n t y Road 1 west of Staring Lake Parkway and east of Staring Lake I I . I. Special Assessments, Supplementals. III. NEW BUSINESS IV. ADJOURNMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 89-199 RESOLUTION APPROVING 1990 SPECIAL ASSESSMENTS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections in the proposed assessments for the following improvements to wit: (See Exhibit A attached) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: I. Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefitted by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, commencing January I, 1990. No interest shall be charged if the entire assessment is paid on or before November 15, 1989. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 1990. 4. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. 5. The assessment data of Resolution No. 89-181 is herein revised in accordance with Exhibit A attached hereto. ADOPTED BY THE Eden Prairie City Council on September 12, 1989. ATTEST: Gary D. Peterson, Mayor SEAL John D. Frane, Clerk 1. I.C. 52-102 Sidewalk, Bikeway, Storm Sewer & Project Cost: $233,311.00 Street Improvements on Dell Road Final 7/1/88 to 9/1/89) and in Hidden Glen 3rd Addition City Share: $ 10,898.00 Net Assessment: $222,413.00 5 Years at 8.5% $211,147.56 1-117 Units = $1,804.68/Family Unit $ 11,265.444- 41 Lots = $ 274.77/Lot per Special Assess. Agreement with Wyndham Nob II $ 1,804.68/Single Family $ 2,707.02/Duplex I .C.If PIDI7 52-102 06-116-22-21-0004 52-102 06-116-22-21-0005 52-102 06-116-22-21-0006 52-102 06-116-22-21-0007 52-102 06-116-22-21-0008 52-102 06-116-22-21-0009 52-102 06-116-22-21-0010 52-102 06-116-22-21-0011 52-102 06-116-22-21-0012 52-102 06-116-22-21-0013 52-102 06-116-22-21-0014 52-102 06-116-22-21-0015 52-102 06-116-22-21-0016 52-102 06-116-22-21-0017 52-102 06-116-22-21-0018 52-102 06-116-22-21-0019 52-102 06-116-22-21-0020 52-102 06-116-22-21-0021 52-102 06-116-22-21-0022 52-102 06-116-22-21-0023 52-102 06-116-22-21-0034 52-102 06-116-22-21-0035 52-102 06-116-22-21-0036 52-102 06-116-22-21-0037 52-102 06-116-22-21-0038 52-102 06-116-22-21-0039 52-102 06-116-22-21-0040 52-102 06-116-22-21-0041 52-102 06-116-22-21-0042 52-102 06-116-22-21-0043 52-102 06-116-22-21-0044 52-102 06-116-22-21-0045 52-102 06-116-22-21-0046 52-102 06-116-22-21-0047 52-102 06-116-22-21-0048 52-102 06-116-22-21-0049 52-102 06-116-22-21-0050 52-102 06-116-22-21-0051 1990 ($AMOUNT) 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 4,812.39 9,624.76 274.77 274.77 274.77 274.77 274.77 274.77 274.77 274.77 274.77 274.77 274.77 274.77 274.77 274.77 274.77 274.77 274.77 274.77 INT. 1995 RATE YEARS $AMOUNT 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 INT. 1995 1990 1.C.# P1D# RATE YEARS EAMOUNT (EAMOUNT) 06-116-22-21-0052 06-116-22-21-0053 06-116-22-21-0054 06-116-22-21-0055 06-116-22-21-0056 06-116-22-21-0057 06- 116-22-21 -0058 06-116-22-21-0059 06-116-22-21-0060 06-116-22-21-0061 06-116-22-21-0062 06-116-22-21-0063 06-116-22-21-0064 06-116-22-21-0065 06-116-22-21-0066 06-116-22-21-0067 06-116-22-21-0068 06-116-22-21-0069 06-116-22-21-0070 06-116-22-21-0071 06-116-22-21-0072 06-116-22-21-0076 06-116-22-21-0077 06-116-22-22-0014 06-116-22-22-0015 06-116-22-22-0016 06-116-22-22-0017 06-116-22-22-0018 06-116-22-22-0019 06-116-22-22-0020 06-116-22-22-0021 06-116-22-22-0022 06-116-22-22-0023 06-116-22-22-0024 06-116-22-22-0025 06-116-22-22-0026 06-116-22-22-0027 06-116-22-22-0028 06-116-22-22-0029 06-116-22-22-0030 06-116-22-22-0031 06-116-22-22-0032 06-116-22-22-0033 06-116-22-22-0034 06-116-22-22-0035 06-116-22-22-0036 06-116-22-22-0037 06-116-22-22-0038 06-116-22-22-0039 06-116-22-22-0040 06-116-22-22-0041 06-116-22-22-0042 06-116-22-22-0043 06-116-22-22-0044 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 8.5 5 274.77 8.5 5 274.77 8.5 5 274.77 8.5 5 274.77 8.5 5 274.77 8.5 5 274.77 8.5 5 274.77 8.5 5 274.77 8.5 5 274.77 8.5 5 274.77 8.5 5 274.77 8.5 5 274.77 8.5 5 274.77 8.5 5 274.77 8.5 5 274.77 8.5 5 274.77 8.5 5 274.77 8.5 5 274.77 8.5 5 274.77 8.5 5 274.77 8.5 5 274.77 8.5 5 274.77 8.5 5 274.60 8.5 1,804.68 8.5 1,804.68 8.5 1,804.68 8.5 1,804.68 8.5 1,804.68 8.5 1,804.68 8.5 1,804.68 8.5 1,804.68 8.5 1,804.68 8.5 1,804.68 8.5 1,804.68 8.5 2,707.02 8.5 2,707.02 8.5 2,707.02 8.5 2,707.02 8.5 2,707.02 8.5 2,707.02 8.5 2,707.02 8.5 2,707.02 8.5 2,707.02 8.5 2,707.02 8.5 2,707.02 8.5 2,707.02 8.5 2,707.02 8.5 2,707.02 8.5 2,707.02 8.5 2,707.02 8.5 2,707.02 8.5 2,707.02 8.5 2,707.02 8.5 2,707.02 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 INT. 1995 1990 I .0 .# PI D# RATE YEARS SAMOUNT (SAMOUNT) 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 52-102 06-116-22-22-0045 06-116-22-22-0046 06-116-22-22-0047 06-116-22-22-0048 06-116-22-22-0049 06-116-22-22-0050 06-116-22-22-0051 06-116-22-22-0052 06-116-22-22-0053 06-116-22-22-0054 06-116-22-22-0055 06-116-22-22-0056 06-116-22-22-0057 06-116-22-22-0058 06-116-22-22-0059 06-116-22-22-0060 06-116-22-22-0061 06-116-22-22-0062 06-116-22-22-0063 06-116-22-22-0064 06-116-22-22-0065 06-116-22-22-0066 06-116-22-22-0067 06-116-22-22-0068 06-116-22-22-0069 06-116-22-22-0070 06-116-22-22-0071 06-116-22-22-0072 06-116-22-22-0073 06-115-22-22-0074 06-116-22-22-0075 06-116-22-22-0076 06-116-22-22-0077 06-116-22-22-0078 06-116-22-22-0079 06-116-22-22-0080 06-116-22-22-0081 06-116-22-22-0082 06-116-22-22-0083 06-116-22-22-0084 06-116-22-22-0085 06-116-22-22-0086 06-116-22-22-0087 06-116-22-22-0088 06-116-22-22-0089 06-116-22-22-0090 06-116-22-22-0091 06-116-22-22-0092 06-116-22-22-0093 06-116-22-22-0094 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 1,804.68 2. I.C. 52-110 Watermain, Storm Sewer and Street Improvements on Golden Triangle Drive from W. 74th to W. 76th Project Cost: $84,499.00 City Share: Net Assessment: $84,499.00 10 Years at 8.5% $68,991.00 : 12.99 Acres = $5,311.09/Acre $15,508.00 Water Services to 12-42-17 INT. 1995 1990 I.C.0 P1 D# RATE YEARS $AMOUNT (SAMOUNT) 52-110 12-116-22-42-0016 8.5 10 47,003.00 52-110 12-116-22-42-0017 8.5 10 37,496.00 3. I.C. 52-129 Utilities and Street Improvements in Wyndham Crest Addition Project Cost: City Share: Net Assessment: 5 Years at 8.5% $252,516.00 $ $252,516.00 $252,516.00 4. 24 Lots = $10,521.50/Lot INT. 1995 1990 I.C.. PIDO RATE YEARS $AMOUNT ($AMOUNT) 52-129 06-116-22-12-0003 8.5 5 10,521.50 52-129 06-116-22-12-0004 8.5 5 10,521.50 52-129 06-116-22-12-0005 8.5 5 10,521.50 52-129 06-116-22-12-0006 8.5 5 10,521.50 52-129 06-116-22-12-0007 8.5 5 10,521.50 52-129 06-116-22-12-0008 8.5 5 10,521.50 52-129 06-116-22-13-0003 8.5 5 10,521.50 52-129 06-116-22-13-0004 8.5 5 10,521.50 52-129 06-116-22-13-0005 8.5 5 10,521.50 52-129 06-116-22-13-0006 8.5 5 10,521.50 52-129 06-116-22-13-0007 8.5 5 10,521.50 52-129 06-116-22-13-0008 8.5 5 10,521.50 52-129 06-116-22-13-0009 8.5 5 10,521.50 52-129 06-116-22-13-0010 8.5 5 10,521.50 52-129 06-116-22-13-0011 8.5 5 10,521.50 52-129 06-116-22-13-0012 8.5 5 10,521.50 52-129 06-116-22-13-0013 8.5 5 10,521.50 52-129 06-116-22-13-0014 8.5 5 10,521.50 52-129 06-116-22-13-0015 8.5 5 10,521.50 52-129 06-116-22-13-0016 8.5 5 10,521.50 52-129 06-116-22-13-0017 8.5 5 10,521.50 52-129 06-116-22-13-0018 8.5 5 10,521.50 52-129 06-116-22-21-0026 8.5 5 10,521.50 52-129 06-116-22-21-0027 8.5 5 10,521.50 4. I.C. 52-131 Storm Sewer and Street Improvements on Hamilton Road Project Cost: $340,025.00 City Share: Net Assessment: $340,025.00 20 Years at 8.5% $340,025.00 4. 21.71 Acres = $15,622.14/Acres I.C.# PID# 52-131 01-116-22-41-0005 52-131 01-116-22-41-0006 52-131 01-116-22-41-0007 52-131 01-116-22-41-0008 52-131 01-116-22-41-0016 52-131 01-116-22-41-0017 52-131 01-116-22-41-0018 52-131 01-116-22-41-0019 52-131 01-116-22-41-0020 1995 YEARS $AMOUNT 20 20 20 20 20 20 20 20 20 1990 ($AMOUNT) 103,839.99 34,926.57 35,866.30 22,240.24 47,926.15 24,902.80 24,589.56 25,685.91 20,047.48 INT. RATE 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 I.C. 52-132 Utilities and Street Improvements Project Cost: $350,152.00 on Franlo Road Between Grier Lane and Prairie Center Drive City Share: $ 11,079.00 Net Assessment: $339,013.00 20 Years at 8.5% Lateral Sewer $ 23.32 Front Foot Lateral Water $ 19.49 Front Foot Streets and Drainage $ 98.34 Front Foot $117.33 Front Foot (Comm'l Guided Prop.) INT. 1995 1990 DEFERRED I .C.4 PID#1 RATE YEARS $AMOUNT (SAMOUNT) WI INTEREST 52-132 52-132 52-132 52-132 7" 132 32 52-132 52-132 52-132 52-132 52-132 14-116-22-34-0003 8.5 14-116-22-34-0004 8.5 14-116-22-34-0005 8.5 14-116-22-34-0012 8.5 14-116-22-34-0013 8.5 14-116-22-43-0002 8.5 14-116-22-43-0003 8.5 14-116-22-43-0004 8.5 14-116-22-43-0005 8.5 14-116-22-43-0010 8.5 14-116-22-43-0015 8.5 26,423.10 10,207.96 48,362.28 32,028.00 2,346.00 10,196.77 27,524.25 10,195.08 10,251.81 50,549.07 61,504.48 20 20 4,272.04 20 20 20 20 4,283.23 20 20 4,284.92 20 4,228.19 20 20 7,398.25 6,410.20 6,269.05 12,338.50 6. I.C. 52-133 Utilities in the Legion Park Plat Project Cost: $155,036.00 City Share: Net Assessment: $155,036.00 5 Years at 8.5% $155,036.00-1- 8.66 Acres = $17,902.51/Acres INT. 1995 1990 I.C.0 PID# RATE YEARS SAMOUNT ($AMOUNT) 52-133 17-116-22-14-0085 8.5 5 24,353.77 52-133 17-116-22-14-0086 8.5 5 76,808.12 52-133 17-116-22-14-0087 8.5 5 48,873.83 INT. 1995 RATE YEARS $AMOUNT 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 2,194.72 8.5 20 8.5 20 2,856.92 8.5 20 2,932.60 8.5 20 983.84 8.5 20 3,311.00 8.5 20 3,311.00 8.5 20 3,311.00 8.5 20 3,311.00 8.5 20 8.5 20 2,667.72 8.5 20 2,062.28 8.5 20 2,043.36 8.5 20 2,289.32 8.5 20 2,251.48 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 1990 ($AMOUNT) 13,187.24 3,992.12 832.48 2,402.84 2,932.60 1,324.40 1,664.96 42,632.22 DEFERRED W/ INTEREST 8,078.84 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 2,554.20 2,100.12 5,467.88 12,279.08 7. I.C. 52-147 Watermain Improvement along County Road 4 and County Road 1 east of Cedar Ridge Estates and west of Staring Lake II Project Cost: $503,972.00 City Share: $276,619.00 Net Assessment: $227,353.00 20 Years at 8.5% Lateral Water $18.92 Front Foot Large Developable Single Family Homesteaded Lots = 175 Front Feet Maximum I.C.# PID# 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 5%147 , '47 5,-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 r 1 47 . 52-147 17-116-22-41-0001 17-116-22-41-0002 17-116-22-42-0002 17-116-22-42-0003 17-116-22-42-0005 17-116-22-42-0006 17-116-22-42-0007 17-116-22-43-0002 17-116-22-43-0003 17-116-22-44-0002 17-116-22-44-0003 17-116-22-44-0008 17-116-22-44-0009 17-116-22-44-0010 17-116-22-44-0012 17-116-22-44-0013 20-116-22-11-0002 20-116-22-11-0003 20-116-22-11-0004 20-116-22-11-0005 20-116-22-11-0006 20-116-22-11-0011 20-116-22-11-0017 20-116-22-11-0018 20-116-22-11-0019 20-116-22-11-0020 20-116-22-11-0021 20-116-22-11-0022 20-116-22-11-0023 20-116-22-11-0024 20-116-22-11-0025 20-116-22-11-0026 20-116-22-11-0027 20-116-22-11-0028 20-116-22-11-0029 20-116-22-11-0030 20-116-22-11-0031 52-147 • 147 _ 147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 47 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 5_ '47 47 52-147 20-116-22-11-0032 20-116-22-11-0033 20-116-22-11-0034 20-116-22-11-0035 20-116-22-11-0036 20-116-22-11-0037 20-116-22-11-0038 20-116-22-11-0039 20-116-22-11-0040 20-116-22-11-0041 20-116-22-11-0042 20-116-22-11-0043 20-116-22-11-0044 20-116-22-11-0045 20-116-22-11-0046 20-116-22-11-0047 20-116-22-11-0048 20-116-22-11-0049 20-116-22-11-0050 20-116-22-11-0051 20-116-22-11-0052 20-116-22-11-0053 20-116-22-11-0054 20-116-22-11-0055 20-116-22-11-0056 20-116-22-12-0001 20-116-22-14-0008 20-116-22-14-0009 20-116-22-14-0010 20-116-22-14-0011 20-116-22-14-0012 20-116-22-14-0013 20-116-22-14-0014 20-116-22-14-0015 20-116-22-14-0016 20-116-22-14-0017 20-116-22-14-0018 20-116-22-14-0019 20-116-22-14-0020 20-116-22-14-0021 20-116-22-14-0022 20-116-22-14-0023 20-116-22-14-0024 20-116-22-14-0025 20-116-22-14-0026 20-116-22-14-0027 20-116-22-14-0028 20-116-22-14-0029 20-116-22-14-0030 20-116-22-14-0031 20-116-22-14-0032 20-116-22-14-0033 20-116-22-14-0034 20-116-22-14-0035 20-116-22-41-0001 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 3,311.00 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 140.68 •n• 2,932.60 3,311.00 3,311.00 3,311.00 2,838.00 2,743.40 2,648.80 2,743.40 6,281.44 5,978.72 23,101.32 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.70 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 343.98 12,695.32 4,257.00 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 52-147 52-147 147 147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 5 2 -147 i 47 '.,-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 p .47 5 47 20-116-22-41-0003 21-116-22-23-0003 21-116-22-31-0024 21-116-22-31-0025 21-116-22-31-0026 21-116-22-31-0035 21-116-22-32-0002 21-116-22-32-0003 21-116-22-32-0004 21-116-22-32-0005 20-116-22-13-0004 20-116-22-13-0005 20-116-22-13-0006 20-116-22-13-0007 20-116-22-13-0008 20-116-22-13-0009 20-116-22-13-0010 20-116-22-13-0011 20-116-22-13-0012 20-116-22-13-0013 20-116-22-13-0014 20-116-22-13-0015 20-116-22-13-0016 20-116-22-13-0017 20-116-22-13-0018 20-116-22-13-0019 20-116-22-13-0020 20-116-22-13-0021 20-116-22-13-0022 20-116-22-13-0023 20-116-22-13-0024 20-116-22-13-0025 20-116-22-13-0026 20-116-22-13-0027 20-116-22-13-0028 20-116-22-13-0029 20-116-22-13-0030 20-116-22-13-0031 20-116-22-13-0032 20-116-22-13-0033 20-116-22-13-0034 20-116-22-41-0021 20-116-22-41-0022 20-116-22-41-0023 20-116-22-41-0024 20-116-22-41-0025 20-116-22-41-0026 20-116-22-41-0027 20-116-22-41-0028 20-116-22-41-0029 20-116-22-41-0030 20-116-22-41-0031 20-116-22-41-0032 20-116-22-41-0033 20-116-22-41-0034 52-147 g'-147 c 147 z-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 52-147 20-116-22-41-0035 20-116-22-41-0036 20-116-22-41-0037 20-116-22-41-0038 20-116-22-41-0039 20-116-22-41-0040 20-116-22-41-0041 20-116-22-41-0042 20-116-22-42-0007 20-116-22-42-0008 20-116-22-42-0009 20-116-22-42-0010 20-116-22-42-0011 20-116-22-42-0012 20-116-22-42-0013 20-116-22-42-0014 20-116-22-42-0015 20-116-22-42-0016 20-116-22-42-0017 20- 116-22-42-00 18 20-116-22-42-0019 20-116-22-42-0020 20-116-22-42-0021 20-116-22-42-0022 20-116-22-42-0023 20-116-22-42-0024 20-116-22-42-0025 8.5 20 343.98 8.5 20 343.98 8.5 20 343.98 8.5 20 343.98 8.5 20 343.98 8.5 20 343.98 8.5 20 343.98 8.5 20 343.98 8.5 20 343.98 8.5 20 343.98 8.5 20 343.98 8.5 20 343.98 8.5 20 343.98 8.5 20 343.98 8.5 20 343.98 8.5 20 343.98 8.5 20 343.98 8.5 20 343.98 8.5 20 343.98 8.5 20 343.98 8.5 20 343.98 8.5 20 343.98 8.5 20 343.98 8.5 20 343.98 8.5 20 343.98 8.5 20 343.98 8.5 20 343.98 8. I.C. 52-149 Watermain on Pioneer Trail west of Staring Lake Parkway to LaRivier Court Project Cost: City Share: $92,969.00 $61,367.00 Net Assessment: $31,602.00 20 Years at 8.5% Lateral Watermain $19.62 Front Foot I.C.# P1D# 52-149 21-116-22-31-0030 52-149 21-116-22-31-0031 52-149 21-116-22-31-0032 52-149 21-116-22-31-0033 52-149 21-116-22-34-0002 52-149 21-116-22-34-0004 52-149 21-116-22-34-0005 52-149 21-116-22-34-0006 52-149 21-116-22-42-0035 52-149 21-116-22-42-0036 52-149 21-116-22-43-0006 52-149 21-116-22-43-0007 52-149 21-116-22-43-0008 52-149 21-116-22-43-0017 52-149 21-116-22-43-0018 52-149 21-116-22-43-0019 52-149 21-116-22-43-0020 52-149 21-116-22-43-0021 52-149 21-116-22-43-0022 52- 14 9 21-116-22-43-0023 52-149 21-116-22-43-0029 52-149 21-116-22-43-0030 INT. 1995 RATE YEARS $AMOUNT 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 8.5 20 1,971.81 8.5 20 1,971.81 8.5 20 1,971.81 8.5 20 2,136.03 8.5 20 1,963.09 8.5 20 1,963.09 8.5 20 1,963.09 8.5 20 1,963.09 8.5 20 1,963.09 8.5 20 8.5 20 8.5 20 1490 ($AMOUNT) 981.00 981.00 981.00 981.00 981.00 981.00 981.00 981.00 981.00 981.00 1,963.09 981.00 981.00 9. SUPPLEMENTALS Trunk Sewer and Water Lateral Water Subtrunks Lateral Sewer Street Improvements SAC-WAC Lateral Exclusion Bikepath Co. Rd. 4 Connection Fee Weed Removal Special Assessment Agreement $963,346.59 2,960.00 2,253.45 6,503.00 25,405.03 51,570.00 3,938.11 2,597.73 21,093.40 1,487.50 12,272.13 INT. 1995 1990 I.C.# PID# RATE YEARS $AMOUNT ($AMOUNT) TRUNK SEWER AND WATER TS&W 02-116-22-11-0013 TS&W 05-116-22-21-0053 TS&W 05-116-22-44-0021 TS&W 06-116-22-12-0010 TS&W 06-116-22-12-0011 TS&W 06-116-22-12-0012 TS&W 06-116-22-12-0013 TS&W 06-116-22-12-0014 TS&W 06-116-22-12-0015 TS&W 06-116-22-12-0016 TS&W 06-116-22-12-0017 TS&W 06-116-22-21-0031 TS&W 06-116-22-21-0032 TS&W 06-116-22-21-0033 TS&W 06-116-22-21-0034 TS&W 06-116-22-21-0035 TS&W 06-116-22-21-0036 TS&W 06-116-22-21-0037 TS&W 06-116-22-21-0038 TS&W 06-116-22-21-0039 TS&W 06-116-22-21-0040 TS&W 06-116-22-21-0041 TS&W 06-116-22-21-0042 TS&W 06-116-22-21-0043 TS&W 06-116-22-21-0044 TS&W 06-116-22-21-0045 TS&W 06-116-22-21-0046 TS&W 06-116-22-21-0047 TS&W 06-116-22-21-0048 TS&W 06-116-22-21-0049 TS&W 06-116-22-21-0050 TS&W 06-116-22-21 0051 TS&W 06-116-22-21-0052 TS&W 06-116-22-21-0053 TS&W 06-116-22-21-0054 8.5 20 23,180.00 8.5 20 27,720.00 8.5 20 22,935.50 8.5 20 1,424.04 8.5 20 1,424.04 8.5 20 1,424.04 8.5 20 1,424.04 8.5 20 1,424.04 8.5 20 1,424.04 8.5 20 1,424.04 8.5 20 1,424.04 8.5 20 1,424.04 8.5 20 1,424.04 8.5 20 1,424.04 8.5 20 1,424.04 8.5 20 1,424.04 8.5 20 1,424.04 8.5 20 553.95 8.5 20 553.95 8.5 20 553.95 8.5 20 553.95 8.5 20 553.95 8.5 20 553.95 8.5 20 553.95 8.5 20 553.95 8.5 20 553.95 8.5 20 553.95 8.5 20 553.95 8.5 20 553.95 8.5 20 553.95 8.5 20 553.95 8.5 20 553.95 8.5 20 553.95 8.5 20 553.95 8.5 20 553.95 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 520.00 520.00 -- 520.00 520.00 220.00 220.00 220.00 220.00 220.00 220.00 220.00 220.00 TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W 06-116-22-21-0055 06-116-22-21-0056 06-116-22-21-0057 06-116-22-21-0058 06-116-22-21-0059 06-116-22-21-0060 06-116-22-21-0061 06-116-22-21-0062 06-116-22-21-0063 06-116-22-21-0064 06-116-22-21-0065 06-116-22-21-0066 06-116-22-21-0067 06-116-22-21-0068 06-116-22-21-0069 06-116-22-21-0070 06-116-22-21-0071 06-116-22-21-0072 06-116-22-21-0076 06-116-22-21-0077 08-116-22-12-0003 10-116-22-21-0007 14-116-22-34-0003 14-116-22-34-0004 14-116-22-34-0005 14-116-22-34-0012 14-116-22-43-0002 14-116-22-43-0003 14-116-22-43-0004 14-116-22-43-0005 15-116-22-31-0008 17-116-22-42-0005 17-116-22-43-0002 17-116-22-43-0003 17-116-22-44-0002 17-116-22-44-0013 20-116-22-11-0002 20-116-22-11-0003 20-116-22-11-0004 20-116-22-11-0005 20-116-22-11-0006 20-116-22-11-0011 20-116-22-11-0017 20-116-22-11-0018 20-116-22-11-0019 20-116-22-11-0020 20-116-22-11-0021 20-116-22-11-0022 20-116-22-11-0023 20-116-22-11-0024 20-116-22-11-0025 20-116-22-11-0026 20-116-22-11-0027 20-116-22-11-0028 20-116-22-11-0029 553.95 553.95 553.95 553.95 553.95 553.95 553.95 553.95 553.95 553.95 553.95 553.95 553.95 553.95 553.95 553.95 553.95 553.95 553.95 553.95 520.00 220.00 2,195.00 5,814.00 2,622.00 1,938.00 4,845.00 4,702.50 476,235.00 10,374.00 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 8.5 8.5 8.5 8.5 8.5 2.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W rS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W 20-116-22-11-0030 20-116-22-11-0031 20-116-22-11-0032 20-116-22-11-0033 20-116-22-11-0034 20-116-22-11-0035 20-116-22-11-0036 20-116-22-11-0037 20-116-22-11-0038 20-116-22-11-0039 20-116-22-11-0040 20-116-22-11-0041 20-116-22-11-0042 20-116-22-11-0043 20-116-22-11-0044 20-116-22-11-0045 20-116-22-11-0046 20-116-22-11-0047 20-116-22-11-0048 20-116-22-11-0049 20-116-22-11-0050 20-116-22-11-0051 20-116-22-11-0052 20-116-22-11-0053 20-116-22-11-0054 20-116-22-11-0055 20-116-22-11-0056 20-116-22-12-0001 20-116-22-14-0008 20-116-22-14-0009 20-116-22-14-0010 20-116-22-14-0011 20-116-22-14-0012 20-116-22-14-0013 20-116-22-14-0014 20-116-22-14-0015 20-116-22-14-0016 20-116-22-14-0017 20-116-22-14-0018 20-116-22-14-0019 20-116-22-14-0020 20-116-22-14-0021 20-116-22-14-0022 20-116-22-14-0023 20-116-22-14-0024 20-116-22-14-0025 20-116-22-14-0026 20-116-22-14-0027 20-116-22-14-0028 20-116-22-14-0029 20-116-22-14-0030 20-116-22-14-0031 20-116-22-14-0032 20-116-22-14-0033 20-116-22-14-0034 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 1,573.69 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 220.00 220.00 220.00 220.00 220.00 220.00 220.00 220.00 220.00 220.00 220.00 220.00 220.00 220.00 TS&W TS&W TS&W TS&W TS&W TSUI TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TSUI TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TSUI TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W 20-116-22-14-0035 20-116-22-41-0003 21-116-22-23-0003 21-116-22-31-0024 21-116-22-31-0025 21-116-22-31-0026 21-116-22-31-0030 21-116-22-31-0031 21-116-22-31-0032 21-116-22-31-0033 21-116-22-32-0003 21-116-22-32-0004 21-116-22-34-0002 21-116-22-34-0004 21-116-22-34-0005 21-116-22-34-0006 21-116-22-41-0004 21-116-22-42-0035 21-116-22-42-0036 21-116-22-43-0029 21-116-22-43-0030 21-116-22-43-0006 21-116-22-43-0007 21-116-22-43-0008 21-116-22-43-0009 21-116-22-43-0017 21-116-22-43-0018 21-116-22-43-0019 21-116-22-43-0020 21- 116- 22-43-0021 21-116-22-43-0022 21-116-22-43-0023 25-116-22-32-0018 25-116-22-42-0037 20-116-22-13-0004 20-116-22-13-0005 20-116-22-13-0006 20-116-22-13-0007 20-116-22-13-0008 20-116-22-13-0009 20-116-22-13-0010 20-116-22-13-0011 20-116-22-13-0012 20-116-22-13-0013 20-116-22-13-0014 20-116-22-13-0015 20-116-22-13-0016 20-116-22-13-0017 20-116-22-13-0018 20-116-22-13-0019 20-116-22-13-0020 20-116-22-13-0021 20-116-22-13-0022 20-116-22-13-0023 20-116-22-13-0024 1,573.69 220.00 220.00 440.00 1,852.50 1,852.50 1,852.50 1,852.50 1,852.50 1,852.50 1,852.50 1,852.50 44,545.00 1,852.50 1,852.50 1,852.50 1,852.50 2,422.50 1,650.00 60,000.00 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W TS&W 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 20-11 6-22-1 3-0025 20-116-22-13-0026 20-116-22-13-0027 20-116-22-13-0028 20-116-22-13-0029 20-116-22-13-0030 20-116-22-13-0031 20-116-22-13-0032 20-116-22-13-0033 20-116-22-13-0034 20-116-22-41-0021 20-116-22-41-0022 20-116-22-41-0023 20-116-22-41-0024 20-116-22-41-0025 20-116-22-41-0026 20-116-22-41-0027 20-116-22-41-0028 20-116-22-41-0029 20-116-22-41-0030 20-116-22-41-0031 20-116-22-41-0032 20-116-22-41-0033 20-116-22-41-0034 20-116-22-41-0035 20-116-22-41-0036 20-116-22-41-0037 20-116-22-41-0038 20-116-22-41-0039 20-116-22-41-0040 20-116-22-41-0041 20-116-22-41-0042 20-116-22-42-0007 20-116-22-42-0008 20-116-22-42-0009 20-116-22-42-0010 20-116-22-42-0011 20-116-22-42-0012 20-116-22-42-0013 20-116-22-42-0014 20-116-22-42-0015 20-116-22-42-0016 20-116-22-42-0017 20-116-22-42-0018 20-116-22-42-0019 20-116-22-42-0020 20-116-22-42-0021 20-116-22-42-0022 20-116-22-42-0023 20-116-22-42-0024 20-116-22-42-0025 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1,275.38 1 1 1 1 1 1 1 1 1 1 1 1 1 1 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 75.00 100.00 75.00 75.00 150.00 150.00 37.50 75.00 225.00 112.50 75.00 56.25 56.25 225.00 SUBTRUNKS 02-116-22-11-0013 11.0 13 2,253.48 LATERAL WATER 10-116-22-21-0007 8.5 20 2,960.00 LATERAL SEWER 02-116-22-34-0007 8.0 7 6,503.00 STREET IMPROVEMENT - (52-110B) 12-116-22-41-0002 13.0 10 25,405.03 LATERAL EXCLUSION 03-116-22-12-0001 8.0 18 3,938.11 SAC- WAC 17-116-22-14-0087 6.0 10 51,570.00 CONNECTION FEE 17-116-22-11-0004 8.5 20 6,710.00 26-116-22-41-0043 8.5 20 273.40 03-116-22-33-0048 8.5 20 6,710.00 08-116-22-12-0003 8.5 20 7,400.00 WEED REMOVAL 06-116-22-21-0004 06-116-22-44-0002 07-116-22-22-0048 07-116-22-23-0030 17-116-22-13-0006 17-116-22-13-0008 17-116-22-13-0066 17-116-22-13-0067 17-116-22-21-0030 23-116-22-34-0015 25-116-22-31-0002 25-116-22-31-0075 26-116-22-31-0029 27-116-22-14-0007 BIKEPATH CO.RO. 4 17-116-22-12-0111 8.5 5 2,597.73 SPECIAL ASSESSMENT AGREEMENT 22-116-22-24-0004 8.5 20 12,272.13 FINANCE DIRECTOR JOHN FRANE EDEN PRAIRIE CITY COUNCIL INTERVIEWS FOR PLANNING COMMISSION TUESDAY, SEPTEMBER 19, 1989 6:00 PM - Dinner 6:30 PM - Interviews AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 19, 1989 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCILMEMBERS: Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock and Douglas Tenpas CITY COUNCIL STAFF: City Manager Carl J.-Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Deb Edlund PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATION OF 1989 MRPA CITATION AWARD I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. Special City Council Meeting held Tuesday, February 11„ 1989 B. Regular City Council Meeting held Tuesday, June 6, 1989 C. Regular City Council Meeting held Tuesday, September 5, 1989 III. CONSENT CALENDAR A. Clerk's License List Page 2188 Page 2207 Page 2222 Page 2250 Page 2270 City Council Agenda - 2 - Tues.,September 19, 1989 B. LAMETTRY CENTER by Richard A. LaMettry. 2nd Reading of O r d i n a n c e P a g e 2 2 7 1 26-89, Zoning District Change from Rural t o C - R e g i o n a l S e r v i c e o n 1.88 acres; Approval of Developer's Agree m e n t f o r L a M e t t r y C e n t e r ; Adoption of Resolution No. 89-189, Auth o r i z i n g S u m m a r y o f Ordinance No. 26-89 and Ordering Publicat i o n o f S a i d O r d i n a n c e ; and Adoption of Resolution No. 89-190, S i t e P l a n R e v i e w . 1 . 8 8 acres for one lot for construction of a 3 2 , 6 9 8 s q u a r e f o o t a u t o body repair facility. Location: West o f P l a z a D r i v e , s o u t h e a s t o f Menards. (Ordinance No. 26-89 - Rezonin g ; R e s o l u t i o n N o . 8 9 - 1 8 9 - Authorizing Summary and Publication; Re s o l u t i o n N o . 8 9 - 1 9 0 - S i t e Plan Review) C. Final Plat Approval for Lamettry Addition (located north and west of Plaza Drive and south of Valley V i e w R o a d w i t h i n t h e Menards Complex) Resolution No. 89-200 D. Approve Supplemental Agreement No. 1 to Contract with Barton-Aschman Associates, Inc. for Design OrT.H. 5 from CSAH 4 to UTR—T7 E. Eighteen Park Business Center - Extension of Developer's Agreement and Site Plan Review for One Y e a r t o S e p t e m b e r 1 9 , 1990 IV. PUBLIC HEARINGS A. NELSON ADDITION by David Nelson. Request for Zoning Di s t r i c t Change from R1-22 to R1-13.5 and Prelimi n a r y P l a t o n 2 . 4 1 a c r e s into 6 single family lots. Location: 99 5 0 B e n n e t t P l a c e . (Ordinance No. 35-89 - Zoning; Resoluti o n N o . 8 9 - 2 0 2 - P r e l i m i n a r y Plat) B. BLUFFS WEST 8TH by Hustad Development. Request for Zon i n g Page 2297 District Change from R1-22 to R1-13.5 on 2 . 1 2 a c r e s a n d P r e l i m i n a r y Plat of 2.12 acres into four single fami l y l o t s , w i t h v a r i a n c e s t o be reviewed by the Board of Appeals. Locat i o n : N o r t h o f B l u e s t e m Road & access off Bennett Place. (Ordina n c e N o . 3 6 - 8 9 - R e z o n i n g ; Resolution No. 89-203 - Preliminary Plat) V. PAYMENT OF CLAIMS VI. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 27-89, Amendment to City Code Chapter Page 2314 9 Section 9.40 Relating to the Discharge of Firearms B. Resolution No. 89-205 recommending the appointment of Glenn G.C. Page 2324 Olson to the Metropolitan Transit Commission C. 1st Reading of Ordinance No. 34-89 to Regulate Snowmobile rat ions VII. PETITIONS, REQUESTS & COMMUNICATIONS A. BURNETT ADDITION by Transtar. Request for Preliminary P l a t o f 4.57 acres into 9 single family lots. L o c a t i o n : 9 9 4 0 B e n n e t t Place. (Resolution No. 89-204 - Prelim i n a r y P l a t ) Page 2279 Page 2281 Page 2288 Page 2289 Page 2305 Page 2326 Page 2329 City Council Agenda - 3 - Tues.,September 19, 1989 B. Request from George Bentley on behalf of John Teman Page 2339 VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS A. Appointment of member to the Planning Commission to fill an unexpired term to February 28, 1990 X. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager 1. Set Date to Review Proposed 1990 City Budget 2. City Hall Lease Renewal Page 2342 C. Report of City Attorney D. Report of Director of Planning E. Director of Parks, Recreation & Natural Resources F. Report of Director of Public Works G. Report of Finance Director XI. NEW BUSINESS XII. ADJOURNMENT 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: September 11, 1989 SUBJECT: 1989 MRPA Citation Award Attached to this memo is information regarding the MRPA Citation Awards for 1989. Eden Prairie staff submitted Round Lake Community Park for this award not only for the unique park design that incorporates a variety of high use areas associated with athletic fields, a high school campus and a Community Center within a community park that still maintains a very park like setting; but also for the many cooperative programs and agreements between the City and the School District, as well as with many of the service groups and with other governmental agencies such as the DNR and the Watershed District. This award should be recognized as a compliment to all governmental agencies and public service organizations that have been involved in the development of this unique community facility. John VonDeLinde, Chairman of the Awards Committee for the Minnesota Recreation and Park Association, will present this award to Mayor Peterson at the beginning of the September 19th meeting. RL:mdd / 7 oF eagan 3&30 PILOT KNOB POAD. PO BOX 21199 EAGAN. MINNESOTA 55121 PHONE (612) 4541.8100 JULY 13, 1989 MC ELLISON Map NOVAS EGAN DAVID K GUSTAFSON MASA McC-REA 114E000RE WACHIZR Carol Membart THOMAS HEDGES ciNKanynancrot EVGENE VAN OVEMIEKE ON ow, BOB LAMBERT CITY OF EDEN PRAIRIE 7600 EXECUTIVE DRIVE EDEN PRAIRIE, MN 55344 RE: 1989 MRPA CITATION AWARDS Dear Mr. Lambert: Congratulations! The Minnesota Recreation and Park As s o c i a t i o n , Awards Committee, has selected your project to recei v e a 1 9 8 9 Citation Award. This year, Citation Awards are being granted to four co m m u n i t i e s , from an initial field of ten applications. These commu n i t i e s a n d their projects are as follows: * City of Minneapolis, Minneapolis Sculpture Garden * City of Eden Prairie, Round Lake Community Park * City of Rockford, Stork House Historical Project * City of Eagan, Park Shelter Building Design The Minnesota Recreation and Park Association is plea s e d t o a d d your project to the list of distinguished recipients o f t h e p a s t three years. A representative from the Awards Committee will be in co n t a c t w i t h you in the near future, to arrange a presentation before y o u r C i t y Council or Parks and Recreation Commission. If you f e e l i t i s appropriate, we would like to suggest that a member of t h e l o c a l press be invited to take a photo of the presenta t i o n f o r publication in your local newsletter. One of the obviou s b e n e f i t s to an award program of this nature, of course, is to take a d v a n t a g e of opportunities to increase the visibility and awaren e s s o f o u r State association in local communities. THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Again, congratulations, on your fine wor k . W e a p p r e c i a t e t h e t i m e an effort that you put into filing the i n i t i a l a p p l i c a t i o n a n d i n me ing with our 1989 Awards Committee. I f y o u h a v e a n y q u e s t i o n s Or oncerns, in the meantime, please be sure t o c o n t a c t m e a t 4 5 4 - 52 ohn K. VonDeLinde, air, )PA Awards Committee JKV/cm 15wp:mrpaawrd.rec MEM0RANDUM TO: Citation Award Revi e w C o m m i t t e e FROM: Bob Lambert, Dire c t o r o f P a r k s , R e c r e a t i o n & N a t u r a l Resources../V50-- City of Eden Prairi e DATE: March 28, 1989 SUBJECT: 19.89 Citation Award A p p l i c a t i o n Although this app l i c a t i o n i s s u b m i t t e d u n d e r " p a r k d e s i g n a n d development"; it c o u l d j u s t — as well be sub m i t t e d u n d e r "administration/pub l i c r e l a t i o n s " . Round Lake Park, as t h e a p p l i c a t i o r i i n d i c a t e s , c o n s i s t s o f a 220 acre site - 80 of w h i c h i s o w n e d b y t h e S c h o o l D i s t r i c t . A l t h o u g h the City completed t h e d e s i g n a n d d e v e l o p m e n t o f t h e C i t y p r o p e r t y and the School Dis t r i c t o f t h e S c h o o l p r o p e r t y , t h e C i t y w o r k e d closely with the S c h o o l D i s t r i c t o n d e s i g n o f t h e C i t y p o r t i o n o f the site and vise v e r s a . T h e s i t e h a s d e v e l o p e d i n t o o n e o f t h e finest school/park s i t e s i n t h e S t a t e o f M i n n e s o t a . W h e r e e l s e d o students have ac c e s s t o a c a m p u s t h a t i n c l u d e s a l l o f t h e facilities depicted o n t h e e n c l o s e d p a r k p l a n , a n d where else does a community have com p l e t e a c c e s s t o a l l o f t h e h i g h s c h o o l f i e l d s and facilities dir e c t l y a d j a c e n t t o a p u b l i c p a r k s u c h a s R o u n d Lake Park? In fact , t h e r e a r e n o i d e n t i f i a b l e b o u n d a r i e s m a r k i n g property ownership o n t h e s i t e . I t t r u l y w o r k s a s o n e l a r g e p a r k . Due to the amount o f s p a c e b e t w e e n s o f t b a l l f i e l d s a n d t h e m a s s i v e amount of landscapi n g t h a t h a s b e e n p l a n t e d t o d a t e , a s t h i s p a r k matures it will eve n t u a l l y h a v e a m u c h m o r e p a s s i v e f e e l t h a n m o s t community "play fi e l d s " , a s a l l b a l l f i e l d s w i l l b e s u r r o u n d e d b y a variety of decid u o u s a n d c o n i f e r o u s t r e e s . T h e p a r k w i l l s t i l l accommodate an ext r e m e l y h i g h a m o u n t o f o r g a n i z e d a t h l e t i c p l a y , but will also retai n t h e c h a r a c t e r o f a c o m m u n i t y " p a r k " . The three communit y b u i l a i n g s a l o n g V a l l e y V i e w R o a d ( t h e F i r e Station, the Comm u n i t y C e n t e r a n d t h e H i g h S c h o o l ) a r e a l l constructed of a da r k r u s t c o l o r e d b r i c k t h a t a r e t i e d t o g e t h e r i n a campus like atm o s p h e r e t h r o u g h t h e t r a i l s y s t e m a n d h e a v y landscaping on eit h e r s i d e o f V a l l e y V i e w R o a d . City and School Dis t r i c t r e s i d e n t s a r e v e r y f o r t u n a t e t o h a v e h a d City Council and Sc h o o l B o a r d m e m b e r s w i l l i n g t o w o r k t o g e t h e r o n this long term proj e c t . HL:mdd 1. Brief description o f p r o j e c t : P a r k d e s i g n a n d d e v e l o p m e n t project - Round Lake Par k . R o u n d L a k e P a r k i s a 2 2 0 a c r e s i t e that includes a 33 acre l a k e a n d 8 0 a c r e s o w n e d b y t h e s c h o o l district. The park has b e e n d e v e l o p e d t h r o u g h a s e r i e s o f phases or projects - s o m e f u n d e d b y t h e C i t y , s o m e b y t h e school district and some j o i n t l y . T h e p a r k n o t o n l y s e r v e s a s the main community activ i t y s i t e f o r t h e C i t y b u t a l s o s e r v e s as a 220 acre campus for E d e n P r a i r i e H i g h S c h o o l . T h e S c h o o l District relies on the C i t y t e n n i s c o u r t s , s o f t b a l l a n d baseball fields, as wel l a s t h e C o m m u n i t y C e n t e r p o o l a n d i c e -- arena for physical ed u c a t i o n c l a s s e s , i n t e r s c h o l a s t i c p r a c t i c e areas and interscholasti c l e a g u e c o m p e t i t i o n . T h e C i t y r e l i e s school football and so c c e r f i e l d s - a n d g y m s f o r p u b l i c - recreation and athlet i c p r o g r a m s . The Round Lake Park "Pr o j e c t " i s a c t u a l l y a s e r i e s o f j o i n t projects between the City a n d t h e " S c h o o l D i s t r i c t , t h e O N R , a n d the Watershed District , t h a t h a s t a k e n n e a r l y 2 0 y e a r s t o • complete. 2 Outline the initial pla n n i n g a n d p r e p a r a t i o n f o r t h e p r o j e c t including community invol v e m e n t a n d / o r i n t e r a g e n c y c o o p e r a t i o n , if any: The City and Sc h o o l D i s t r i c t j o i n t l y p u r c h a s e d t h e majority of the prope r t y i n t h e l a t e 1 9 6 0 ' s . T h e f i n a l property "boundary" wa s n o t d e t e r m i n e d u n t i l t h e p a r k w a s planned, showing the loc a t i o n o f a C i t y r o a d t h r o u g h t h e s i t e , the location of the hig h s c h o o l a n d t h e f i n a l p a r k p l a n . ( T h e boundary actually passes t h r o u g h t h e o u t f i e l d o f t h e b a s e b a l l field.) All phases of t h e s c h o o l a n d p a r k d e v e l o p m e n t w e r e jointly reviewed throug h o u t t h e d e v e l o p m e n t o f t h i s s i t e a n d several of the phases we r e j o i n t p r o j e c t s . 3. Outline funding/budget f o r t h e p r o j e c t i n c l u d i n g d o n a t i o n s and/or public/private fu n d i n g s o u r c e : P r o p e r t y A c q u i s i t i o n - City of Eden Prairie, S c h o o l D i s t r i c t , L A W C O N g r a n t s , S t a t e grants and park dedicati o n . Development - City fund i n g , S c h o o l f u n d i n g , j o i n t C i t y / S c h o o l funding, LAWCON and Stat e R e c r e a t i o n D e v e l o p m e n t g r a n t s , S t a t e Tennis Court Grants, DN R g r a n t s f o r b o a t a c c e s s a n d f i s h i n g piers. Lions Club donat i o n s f o r p a r k s h e l t e r , f i s h i n g p i e r , playstructure, and par k i n g l o t , J a y c e e d o n a t i o n s f o r t r e e nursery, individual d o n a t i o n s f o r s m a l l e r i t e m s s u c h a s individual trees, benche s , e t c . , p a r k f e e s a n d C i t y p a r k b o n d referendum for the major i t y o f t h e p a r k d e v e l o p m e n t . 4. Community response an d / o r s u p p o r t t o t h e p r o j e c t , i . e . attendance, newspaper a r t i c l e s , p r o c l a m a t i o n s a n d / o r g e n e r a l publicity. A 1986 survey indicated t h a t o v e r 9 3 % o f t h e c o m m u n i t y u s e s Round Lake Park at leas t o n c e / y e a r , a n d t h e m a j o r i t y o f t h e citizens of Eden Prairi e r e g a r d R o u n d L a k e P a r k a s t h e C i t y ' s focal point. 5. Briefly describe why you feel the pr o j e c t i s u n i q u e a n d / o r deserving of a spec i a l c i t a t i o n : T h i s p r o j e c t h a s n o t o n l y provided the citizen s o f E d e n P r a i r i e w i t h a g r e a t c o m m u n i t y park, and the School D i s t r i c t w i t h a f i n e c a m p u s f o r t h e h i g h school, but it has s e r v e d a s a c a t a l y s t f o r c o o p e r a t i v e C i t y - School planning on a l l o f t h e o t h e r s c h o o l s i t e s w i t h i n t h e City over the last 2 0 y e a r s , ( a l l b u t o n e o f t h e e l e m e n t a r y schools use City pa r k s a s t h e i r p l a y g r o u n d s ) . T h e C i t y a n d School District have a l s o l e a r n e d t o s h a r e u s e o f a l l o f t h e s e facilities to get ma x i m u m u s e b y t h e c o m m u n i t y . 6. Outline the evaluati o n , p r o j e c t c r i t i q u e or review process that VAS utilized at-the proj e c t ' s c o m p l e t i o n : T h e R o u n d L a k e P a r k "Project" actually h a s d e v e l o p e d t h r o u g h a s e r i e s o f p r o j e c t s or phases over the l a s t 2 0 y e a r s . A l l o f t h e s e p h a s e s , w h e t h e r planned separately or t o g e t h e r , w e r e r e v i e w e d b y b o t h a g e n c i e s . Both the School Dis t r i c t a n d t h e C i t y h a v e g a i n e d i m m e n s e l y from this project. T h e m o s t r e c e n t p r o j e c t o r p h a s e w a s t h e School District's co n s t r u c t i o n o f t h e s o c c e r c o m p l e x a n d n e w baseball field comple t e d i n 1 9 8 0 . T h e C i t y c o n t r i b u t e d $ 5 0 , 0 0 0 toward the project a n d i n r e t u r n h a v e a d d i t i o n a l p a r k i n g a t the park, four new soccer fields and a new bas e b a l l f i e l d t h a t will be used by comm u n i t y g r o u p s f o r p r a c t i c e , l e a g u e p l a y a n d tournaments. zqS ROUND LAKE PARK • qq lire Stork lit is — Roc kforrl Eagan Picnic Shelter 1989 MRPA Citation Award Recipients le 1087 . the Minnesota Recrean,,n and Park Assos are ininarated a new program to honor outstanding achievements tor parks, ret reatii iii aid leisure services This program. entitled MRPA Citation Awards, recognizes agencies and organi- zations who have sompieted prOint.ts that best exemplify sound, yet innsexatIve approth lies to leisure survIces desvery A tenor goai ot the program is to pro- mote Irdsitiye pukic, awareness, (trough- our Minnesota, ot tlieu ontrIbutIon ot these prolec is to the quarav ot Ste On :wheat if MR PA President. leo Rudolph. thanks to the Minnesota Recreation and Park Foundation tor their co sponsorship ot the 1989 Otausx1Awards Program. Appreciation and thanks is also extended to the Awards Committee. lohn VonDetwate. Chair, Bruce Andelson, lohr. Kepnees.Panline!Staples and Sandra Worts. Pie MRPA Award sC ommittee s pleased to annount e the recipients of the 1.89 Citation Awards as Sdiows: Rockford Historical Society and City of Rockford "The Historic Stork House" An Outstanding evannore r,ommunity volunteerism. This protest involved more than 85 volunteers contributing over 900 hours of assistance iMth restoration com- pleted in 1088. the Florida Ames Storkhouse has been entered on the NatiOnal Register of Historic Homes Ori- ginally built in 1857. Ore louse is now open, 130 years later. lot public touts rind school programs City of Eagan "Park Shelter Buildings Architectural Program and Design" During the past four years. the City of Eagan has designed and conStrikted ten park shelter buildings f rom the concept phase through detail design, froth the public and Co officials have been involved in the establishment of 'architectural programs -. This approach has led to a "palette of buildings wbich offer superb architectural design, high quality amenities, energy efficiency, and good construction value. f f.•‘'.• City of Eden Prairie "Round Lake Community Park" Ii t ,rir Ii I [ ake• ['ark is ,Isttperbts . t11•..,17,11,1 le,tritth tot ritty t(Sit lilt 111114, 1 33 R 11.11.11,. ,111,11-10 .1( 1,101 St /it ,I ‘11,111, f (ii( iii.Offfaslf icti III ,f,f,f,e•s rite DVV1•11 ,111111`1111'1,1 .1.7,41111,1 ,‘ 1 n 1,1, I ),,rtt Its, urn1 (no( ,try,trtht,t nor, tht.ill,tttr,..tlt N,11,I.11 Ii Isnuulur '. 1A1,.1e1,11,11511.1111.1 LAVVCON t Mfi tint Pro;,,,rttlt, ,thtl t tic" l'r n trr.• t EY.<•:111,tfly Oft`t)ft.t1,1 111 I n tht.i (Inc fl,t1I. us nits, l•rtrerritt.t., rt. 20th yr,ir scrvite ht ttle Minneapolis Park and Recreation Board "Minneapolis Sculpture Garden" ();”•11,1 III 1988 the Mirtrte•,tttohs StAtIpturt•ttordt.rt, /et ..,,t111. Vt1 trit1,1,1, ...11t. 1,1 Ole .11,1 must 11(114, 1, Of IfS1,110 The ,t.vt.r, II It 411h lull Il1LICS111.1101 1,.1.111 ,1111c1,,r, tutu, ,111111,1/1 1W1,1t. 11Ve 1111,1 111,111 t 111111111.111/1.; 111 ,1 ,,11, I rvti,runty nint1,,li 1111(1gt !mks tht g.tIcif ,r1 ti I otif -T, Rink .1n1,1 1111,V111.1,, 11,1/ilf1,111 ,111, The Sr tIff flUft' therrsn hrr rirflf we, ,n {101 ,,f,f(foll enc'rerr 111t. W,111,111 Art crlf f r.iiriirrr;rr it ltrin tint R,1<•,111,11111 ,0111 1,01=•••••• (..0\ , 4 ' r 7 — , , , \ I , •o-Nst " 'J., • , j4-1,S "hr - • rr-s7t177 Round Lake Park /High School Campus .14;slarilkil a EDEN PRAIRIE CITY COUNCIL UNAPPROVED MINUTES TUESDAY, FEBRUARY 14, 1480 COUNCIL MEMBERS: CITY COUNCIL STAFF: 7:30 PM CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock, and Douglas Tenpas City Manager Carl J. Jullie, City Attorney Roger Pauly, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Deb Edlund PLEDGE OF ALLEGIANCE ROLL CALL: All Members Present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock moved, seconded by Harris to approve the Agenda as published and amended. Add Item VI. City Manager Evaluation. Motion carried unanimously. IT. PRESENTATION OF GOLF COURSE ALTERNATIVE DESIGNS FOR PRAIRIE BLUFF PARK - BARTON-ASCHMAN ASSOCIATES Barry Warner, Barton-Aschman Associates, presented three possible alternatives for a golf course. A household survey, community demographics and market competition were taken into consideration. The issues which were addressed in the decision making process were the MUSA Line, the Flying Cloud Airport clear zone, another golf course at the west boundary, the Minnesota River Valley Bluff line, respect of the natural vegetation, the City's object, and the natural characteristics of each property. The first alternative was a publicly- owned 18-hole course with the provision for two open-space parks. The second alternative would retain the par-3 course at Cedar Hills. It would require access from Highway 161, which would require a significant expenditure to provide turn lanes for safety. It would also allow for five pockets of single-family residential homes. The third alternative would be along the Minnesota River Bluffs. Residential homes would be broken into small pocket areas. The clubhouse would overlook the Minnesota River Valley. 2207 City Council Minutes 2 February 14, 1989 Warner stated that the preferred plan was to have the clubhouse centrally located; the first 9 holes would have an attractive view. This would he a good use of the property because of the restrictions of MAC. Open space adjacent to the golf course would be preserved as well As the Riley Creek Valley. This location would provide a good opportunity for residential development. Warner noted that additional mapping would be required prior to courue design. Warner believed there was enough land available for the golf course to exist successfully with single-family residential and that this would be a good vehicle to preserve sensitive areas within the property. Peterson asked if land which was not part of the Charlson property would also be developed as residential. Lambert replied yes. Tom Bierman questioned what the rationale had been to include residential property throughout the entire 300-acre site for the golf course. Lambert replied that 140 to 160 acres would be required for an 18-hole golf course; in many of the areas, the contour was extremely steep which caused the additional land requirement. Lambert believed that this proposal would provide a win-win situation for both Mr. Charlson and the City by allowing Charlson to retain prime lots for sale as residential homes at an increase in value because of the golf course, which would help make up the difference for the price the land sold to the City. A resident asked If the course would be hilly. Warner replied that the portion to the east was rolling hills. John Standal, 9955 Spring Road, asked if sewer and water would be available in this area. Warner replied sewer and water would not be available until approximately the year 2000, the home sites would have private wells, and the golf course would have its own well. III. REVIEW OF PROJECTS LIST AS AMENDED AFTER THE JANUARY 31ST MUTIPG__-__ROPJ,AMBEPT TV. DISC-1-10N_RE: BOND REFERENDUM A. AMoullt....QI_Beblr.2 0.dlIM B. Proiects to be Included Lambert reported that with • purchase of 230 acres the City would be able to develop a golf course, provide for 70 acres of park land, and the balance of the property would be residential. A conceptual agreement to purchase 230 acres would be estimated at $12,500 per acre for $2,900,000; 70 acres would be dedicated to the City as a gift. The property owner would maintain the best lots for residential use, and 2207 City Council Minutes 3 February 14, 1989 the Riley Creek Valley would be retained. The City would not he able to have the softball fields and the clubhouse would not overlook the Minnesota River Bluffs; however, several other sites were available with magnificent views. Lambert briefly addressed the other items listed as proposed projects to be included in the referendum with a proposed estimated cost of $10,750,000. Peterson asked Lambert if the amounts took into consideration the increasing population and if the figures included for any maintenance of the facilities. Lambert replied that a steady Increase in population growth was included; however, it did not include any maintenance, only the cost to pay the bond. Woody Ginkel, 10430 White Tail Crossing, asked if there was a timetable established for the projects. Lambert replied that construction could begin in 1990 but would not see use until 1991. Lambert added the bubble on the ice would be at least one year away. Standal asked who would pay for the development of the golf course. Lambert replied that the development would be provided for as part of the bond referendum. Other communities had indicated that fees from the course would pay for the development and operating cost if the City had the property available. Kevin Dahl was concerned that Miller Park would not be able to cover the soccer field needs if the Flying Cloud fields were no longer available. A resident questioned the $3,400,000 cost for Miller Park. Lambert replied that the $3.4 million was for the completion of Miller Park, with the major portion of the cost being for grading and utilities. Lamhert added that the storm water piping and utilities needed to be installed at the same time as the road system. This amount did not include any outdoor hockey, or beach. Lambert stated that an outdoor pool in the future was a possibility if a beach were determined not to be feasible. Pat Richard, 6793 Lorena Lane, believed that it was important that neighborhood meetings be held to discuss these parks so that no misunderstandings occurred. Lambert replied that notice to those in the service area would advised of neighborhood meetings. All plans were conceptual in nature. Lambert added that the City had no intention of developing a neighborhood park in opposition to a neighborhoods wishes. Ginkel believed that 99% of the success of the referendum would depend on informing the public and believed that when the information packets were sent out the public should be made aware of the neighborhood meetings. 2zoq City Counci) Minntee 4 February 14, 1989 Lorrie Heimkes, 12157 Cartway Curve, asked if the trail from Homeward Hills east to County Road 18 wau included. Lambert replied that this trail was included in the $95,000 figure; however, it had been inadvertently left out of the description. Mary Campbell, 17918 South Shore Lane West, believed that the gentleman who had brought up the issue of the children's wading pool did not mean to close in the existing structure, but to build a new one. Lambert replied that this was correct. Ginkel stated that during the last referendum 35% were for an Ice arena and 47% were opposed. The cost for the last proposal was three times the amount of the current referendum cost for an ice dome. Ginkel believed that it was vital to make new items clear and to provide detailed costs. Ginkel added that the voters should be infozmed that they would be voting for their future and it would be possibly 7 to 8 years before given another chance. Ginkel believed that if the voters were informed properly and completely the referendum would be successful. Frank LeGrand, 9866 Linden, questioned if the amount of the referendum being over $10,000,000 might have a psychological barrier to some voters. Steve Krause, 6832 Sugar Hill Circle, stated that these items being presented were items that the committee believed were important. Krause believed that the voters should be informed about the items which were also looked at and rejected as well as those included. He believed that the voters needed to see some common sense used. Christine Dodge, 15850 Westgate Drive, stated that the Council had been asked to determine the priority of the community's needs. Dodge believed that it was important to inform the voters that these were only the beginning of park needs, and not the end, so that voters realize that other referendums would be coming up in the future. Dodge noted that the City Hall issue still needed to be resolved at some time in the future. She believed that the most Important aspect of the referendum was the land acquisition and that It possibly should be separated from the other area of the referendum. Dodge believed that some of the items could be done at a later time; however, the land could be gone forever if not purchased now. Peterson believed that if the majority of the items listed were approved on this referendum, another referendum would not be necessary in the near future. Bierman stated that a double gym had been added at the last meeting. Bierman questioned the need for a double gym when 2210 City Council Minutes 5 February 14, 1989 the high school and junior high were both adding new gyms to their facilities. BiermAn noted that voters tended to get emotional about certain issues. Lambert replied that he had received several negative comments regarding the double gym and believed this item would be difficult to sell to the voters because of the following objections: 1) taxes, 2) schools have gyms already, and 3) private facilities are available. A resident commented that he was disappointed that after spending $10,000,000, very little land would be preserved, especially the natural areas. Lambert replied that there would be 70 acres reserved as part of the Bluff Park area, the City had approximately 1,400 acres of open space park land, and would eventually have 3,000 acres to be part of a wild life and conservation area. Lambert believed that Eden Prairie would have enough land left in natural states. Pat Richard believed that the dollar amount should be kept under $10,000,000. Richard asked how much could be saved if the roads were not paved at the parks. Lambert replied that this alternative was not acceptable because additional land would be taken up with the ditch space required if gravel road were used. Lambert said this would save approximately $250,000. Mayor Peterson concurred that the dollar amount needed to be reduced. Anderson believed that the land acquisition amount should not he reduced. He believed that the land acquisition was the future of Eden Prairie. Peterson asked Lambert how important the 3 neighborhood parks at 15 acres each were in the Southwest Area at this time. Lambert replied that the Rice Marsh Lake Park was important and should not be delayed because developers were already wanting to develop this property. The other two parks were outside the MUSA Line and could possibly wait for another five years. Lambert believed that the Rice Marsh Lake Park land should be purchased in 1989 or 1990 at the very latest. Peterson believed that if other funding methods were available to purchase these two parks they should be considered. Anderson asked Lambert what the estimated cost of the Rice Marsh Lake Park would be. Lambert replied that each of the 15 acre parks were estimated at $200,000 each. Lambert added that an exact figure was not known at this time and there was also the possibility to acquire land in lieu of park fees. Anderson believed that if the City delayed in the purchase of the property it would have to pay more for the land in the future. Lambert concurred that the land would be more expensive in the future; however, the cash park fees should be higher as well. Lambert was concerned that the City's City Council Minutes February 14, 1989 ability to purchase large parcels of land was decreasing. Lambert was not as concerned about the area south of County Road 1. Pidcock asked Lambert if he believed that $240,000 would be enough purchase the land for Riley Lake Park. Lambert replied that the cost would be higher. The matching amount of the grant was from several years ago and now the City would have to pay the same rate as the developers. Lambert believed that with cash park fees and the matching grant it could be possible to come close to the $240,000 figure. Tenpas stated that he was frustrated with the accuracy of the figures being presented. Lambert replied that whenever he had to present figures to the public before an actual decision was made the figures are higher. Lambert believed that the actual costs would be lower than these estimated figures and that some of the projects could be negotiated through the cash park fee process. Peterson pointed out that this process was only to approve a possible funding concept and the City was not committed to spend these dollars. LAND ACQUISITION Anderson was concerned about the City waiting for land acquisition. He added that the price of land would only be higher and the land available was quickly disappearing. Peterson stated that purpose was to get a referendum passed and believed that costs needed to be reduced in order to accomplish this goal. Harris concurred with Mayor Peterson that the costs needed to be reduced and added that she believed the costs needed to be under $10,000,000. Harris believed that a need for each item needed to be identified for the voters. She also believed that while land acquisition was an important issue, there were other needs which were equally important and because the development of the Southwest sector was well into the future and cuts needed to be made, that the two 15-acre parks could be eliminated at this time. MOTION: Harris moved, seconded by Peterson to remove from the land acquisition two of the 15-acre neighborhood parks at an estimated cost of $200,000 each, leaving the land acquisition cost at $3,730,000. Motion failed 2-3. Anderson, Pidcock, and Tenpas all voting "NO". 22-17- City Council Minutes 7 February 14, 1989 MOTION: Pidcock moved, seconded by Anderson to approve the entire land acquisition amount of $4,130,000. Peterson stated that there was an opportunity to reduce this amount by $400,000 by eliminating the two parks and he believed that there were more important current needs which needed funding now, while these two parks could wait for a few years. Anderson stated that this was a unique area. Anderson pointed out that in the past the City had not always been able to purchase property which was needed. Anderson believed that the land acquisition was the most important issue. Motion carried 3-2. Harris and Peterson voted "NO". COMMUNITY PARK DEVELOPMENT Harris asked Lambert if there would be another alternative to Irrigate the fields at Flying Cloud Field. Lambert replied no. Anderson asked Lambert if the City had not been able to get help from the DNR in the past for fishing piers. Lambert replied that the cost was approximately $5,000 and that grants could be possible. Harris believed that all of the items 1:nder the Community Park Development were essential. Peterson asked if the City would lose the matching grant if Riley Lake Park was not in the budget. Lambert replied that the matching funds could be lost. Tenpas believed that the improvement proposed for Round Lake Park, Staring Lake Park, and Flying Cloud Fields were aesthetic in nature and questioned if these items could not be eliminated at this time. MOTION: Tenpas moved, seconded by Pidcock to remove Round Lake Park, Staring Lake Park, and Flying Cloud Fields from the Community Park Development for a savings of $90,000. Lambert believed that the City needed to expand the hard- surfaced areas at Round Lake Park and Staring Lake Park because of the traffic patterns and the increase in use. Lambert stated that the turf at these parks was not holding up and an irrigation system was necessary. A possible erosion problem could occur at these parks if the turf was lost due to the lack of water. 22 13 City Council Minutes R February 14, 1989 Anderson concurred with Lambert that irrigating the Flying Cloud Fields was not a good idea. Lambert added that for a $30,000 investment the City should at least anticipate 5 to 10 years of use and that could not be guaranteed at this time. Pidcock asked if wood chips could be used at Round Lake Park. Lambert replied that it would not look as good and would not hold up in the well-traveled areas around the buildings. Peterson stated that he favored the motion and believed that alternate funding sources for these projects should be considered. Motion carried 4-1. Harris voted "NO". NEIGHBORHOOD PARK PEVELOPMENT Peterson asked Lambert to clarify the need for the garage at Edenvale Park to be replaced. Lambert replied that the floor was cracking and there were also problems with the building structure itself. Lambert stated Staff believed that the building either needed to be overhauled or replaced. Tenpas asked if the building was used year round. Lambert replied it was used as a warming house in the winter and for a few summer programs; however, it had not been used at all this last summer. Tenpas stated that he would like to see the Preserve Park building eliminated and the second floor renovation at Homeard Hills Park. Anderson believed that there had been a strong interest from the public for Homeward Hills Park, Wyndham Knoll Park, and Pioneer Park. Lambert concurred. Peterson asked what could be done at Pioneer Park for $50,000 Instead of $100,000. Lambert replied that grading, seeding, and a gravel parking lot could be done for $50,000. Anderson asked if everything had been resolved at Prairie East Park. Lambert replied that this park should have a skating rink and a picnic shelter which was not enclosed. He added that two years ago the neighbors have voiced strong requests for these items. The neighbors did not want a parking lot on Buckingham Drive. MOTION: Pidcock moved, seconded by Tenpas to reduce Preserve Park to $10,000, delete Homeward Hills Park entirely, and Edenvale Park, reducing the costs by $130,000. Lambert stated that Homeward Hills was a large neighborhood which had a strong interest about the park shelter. This neighborhood was a long way from any other park. Lambert 27_1(-1 City Council Minutes February 14, 1989 believed that this park would help gain a lot of support for the referendum if left in. Pidcock asked why the cost was $45,000. Lambert replied that the barn needed to be insulated and brought up to code standards. He added that a second access for a fire escape also needed to be provided. Tenpas asked what the square footage of the first floor was. Lambert replied that the barn was 40'x60' with an open space area of 20'x40' on the first floor. Tenpas believed that the City's money would be better spent developing new facilities where none currently existed and in the acquisition of land. Anderson asked how usable the facility was presently. Lambert replied it was currently used as a warming house in the winter and for summer playground programs. Lambert believed that the potential use would be unlimited if the building were opened up. Lambert emphasized the need to get the referendum passed and believed that the elimination of Homeward Hills Park would be detrimental. Peterson concurred that Homeward Hills was far away from any other park and suggested a compromise to include $30,000 for Homeward Hills Park. AMEYOMFNT TQ_THF NOTIOY: Pidcock moved, seconded by Anderson to include $30,000 for Homeward Hills Park. Amendment to the Motion carried 4-1. Tenpas voted "NO". The original motion carried 4-1. Tenpas voted "NO". TRA11_03TEMS MOTION: Harris moved, seconded by Anderson to accept the Trail System as recommended. Peterson asked if two trails were included at Purgatory Creek. Lambert replied yes. Motion carried unanimously. ;.2-K; City Council Minute 10 February 14, 1989 COMMUNITY CENTER IMPROVEMENTS MOTION: Pidcock moved, seconded by Harris to delete the double gymnasium, indoor running track, and indoor children's wading pool. Motion carried unanimously. Lambert noted that the entrance improvement for the Community Center for $75,000 had been forgotten. Lambert also commented that the reason the wading pool had been included was that there was no place for the small children to swim. MOTION: Harris moved, seconded by Tenpas to include the following under the Community Center Improvements: Recreation Staff offices and multi purpose room, fabric dome and ice rink, and the entrance, totalling $925,000. Peterson questioned if the multi-purpose room would be necessary if the plans for the Factory Outlet Centre proceeded for development as a family entertainment center. Lambert replied it would depend on the types of facilities and the supervision provided. Peterson asked what portion of the $250,000 was for the multi-purpose room. Lambert replied that it would be hard to estimate because some of the offices were included in this area also. Motion carried unanimously. Referendum Total at this point $9,140,000. Paul Karpinko, 6891 Sugar Hill, stated that the Council had done an excellent Job in reviewing the recommended projects. Karpinko was concerned that the maintenance costs were not included and asked where these funds would come from. Peterson replied that estimated would be provided for maintenance and personnel costs; however, these figures were difficult to determine because many of the project would not be completed for 5 or more years. Bierman stated that the Council had gotten below the $10,000,000, but questioned some of the reductions. He believed that Flying Cloud Fields, Round Lake Park, and Staring Lake Park were all highly visible projects and the amount of money saved by eliminating them had been minimal. Bierman was concerned that the costs had been reduced by too much. Peterson replied that the $10,000,000 figure did not preclude some of these items being addressed at another time; additional dollars will be spent over the next few years and ?-716, City Council Minutes 11 February 14, 1989 other methods of funding could be used to handle some of the items. Cathy LeGrand, 9866 Linden, recommended that the Council consider taking out the $400,000 from the land acquisition as originally considered and put back in the items that the residents will vote for. Kevin Dahl concurred with LeGrand that the land acquisition reduction should be considered. He added that the southwest quadrant was undeveloped at this time and the funds could be better used in other areas at this time. Lorrie Heimkes, 12157 Cartway Curve, stated that only one Councilmember had said they had visited a neighborhood park and believed that these items should be readdressed. She believed that the Council was cutting out important items to the voters when only one Councilmember had indicated that they had actually visited or used any of the parks. Vicki Koenig, 7239 Topview Road, supported leaving the land acquisition as it was. She added that if the City did not purchase the land now it might not have the parks in the future. John Freemyer, 6616 Harlan Drive, believed that land acquisition was the most important issue; however, he would support taking out the 2 parks at $400,000, especially if there was a possibility of a land dedication by the developers. Freemyer stated that the City was asking the voters to extend into the next 10 years for land acquisition and believed that maybe this was too much to ask right now. Mr. Wuttke, 16860 Flying Cloud Drive, concurred that the land acquisition should be reconsidered and reduced by $400,000 because it was too far in the future. Wuttke believed that the Council had cut out areas which would be vote getters. Brian Nicholson, 6635 175th Avenue West, stated that he was pro land acquisition for the parks in the future; however, the ultimate goal of having the referendum pass also needed to be considered. Moe Cook, 6920 Parkview Lane, supported the land acquisition and believed that the residents needed to begin thinking of the needs of the City 10 years from now. He believed that the goal was to have the referendum pass, but also believed that the City needed to project the image that it was looking at the long-term needs of the residents and, therefore, land acquisition should be the number one priority. Fred LeGrand noted that the land acquisition was 45% of the total referendum figure. 7 20 City Counc:11 Minntes 12 February 14, 1989 Tenpas believed that it was important to look at long-range plans for the rity and it was equally important to educate the residents of this need. He believed that land acquisition was important. Tenpas further believed that financing items such as community park improvements should be handled on a short- term finance basis and not through long-term bond referendums. Harris stated that those residents who are living here now are the ones which are paying for the parks and other items and the Council needed to he cognizant that they are using the facilities now. Harris stated that the City had been successful to acquire park land as the areas were developed. She believed that the same opportunity would be available in the southwest section of the City. Anderson stated that maybe it was an impossible task to have the referendum be under $10,000,000. Peterson stated that the issue was to provide what the residents wanted. Anderson replied that the cuts had started to be able to get the cost under $10,000,000. Peterson stated that it was important for the residents to know that the Council had considered all of these items very carefully. Woody Ginkel stated that if the philosophy of the Council was presented to the voters related to long-term versus short-term plans, the voters would understand. Doug Lawyer, 16631 North Hillcrest Court, believed that the City should put forward a first class referendum or do none at all. He did not believe that $8,000,000 to $11,000,000 was an unrealistic figure. Another resident stated that the Council had come a long way and that the ultimate goal to be under $10,000,000 could be reached by the elimination of the double gymnasium and the indoor track and there would still be a short-term and a long- term balance. MOTION: Pidcock moved, seconded by Harris to bring the land acquisition question back for further discussion and proposed to delete the two 15- acre parcels for $400,000. Harris asked if the intent was then to add items back in which had been excluded in exchange for the land acquisition. Pidcock replied that was the intent. Tenpas believed that to reduce the land acquisition figure would be short-sighted And irresponsible when surveys had indicated that the residents believed that land acquisition was vital to the community. City Council Minutes 13 February 14, 1989 Peterson stated that the Council was only talking about 30 acres in the southwest Area out of a total of 360 acres, which was a minor reduction, and should not be considered short- sighted. Anderson asked if a compromise could be reached by reducing the land acquisition figure by $200,000. Peterson stated that he would not be inclined to add items unless something was taken out in exchange. Pidcock stated that she had been the Councilmember who had introduced strategic planning to Eden Prairie and did not consider it fiscally irresponsible or short-sighted to consider reducing the land acquisition figure. AMENDMENT THE Anderson moved, seconded by Pidcock to reduce the land acquisition amount by $200,000. Motion carried 3-2. Tenpas and Harris both voted "NO". MOTION.: Anderson moved, seconded by Harris to include Staring Lake Park and Round Lake Park in the referendum figure for an addition of $60,000. Tenpas asked how long it would take for these items to be completed through the operating budget. Lambert replied these two parks could be done next year if included in the budget. Tenpas believed that these parks were important but should be handled by short-term funding. Anderson asked if these two parks could be included in next years budget. Jullie replied it was possible. Motion carried 3-2. Tenpas and Peterson voting "NO". Tenpas stated that it was not a question of need, but rather how the City could best pay for the needs. Tenpas added that with taxes rising it was important to consider every possible means of paying for these Items. Anderson questioned the need for the garage at Edenvale Park and why it would cost $45,000. Lambert replied that the proposal was to put up a park shelter and warming house. The proposed cost in 1983 had teen approximately $35,000. Lambert noted that it was these types of items which seemed to be cut from the budget first. 2219 city Council Minutes 14 February 14, 1989 MOTION: Harris moved, seconded by Peterson to add back into the referendum cost the Edenvale Park garage. Motion carried 3-2. Tenpas and Pidcock voted "NO". C. 511.9OL_MA1tiple _Questions LIDTIDN: Pidcock moved to have a multiple question ballot. The motion failed for lack of a second. QI1Qi : Anderson moved, seconded by Harris to have a single question ballot. Motion carried unanimously. P. Pate Of....Relt.U.1A01 MDTUE: Anderson moved, seconded by Pidcock to set April 18, 1989 as the date for the referendum. Lambert noted that this would be close to the same time as when the property valuations would be sent. Tenpas believed that it should be at least postponed for two weeks after the proposed date due to income taxes being due on April 17, 1989. Peterson believed that one week would be sufficient. A resident noted that the first half of the property taxes were due on May 15, 1989. Another resident noted that many would be getting state and federal tax refunds. &1Nl IQ. T4F_MPTIO: Anderson moved, seconded by Pidcock to change the original proposed date to April 25, 1989. Motion to set the date for April 25, 1989 was approved U nanimously. V. AVTURTZATJQN FD.IR_PULIg_11 1 PORMATION_WPG.ET_FPR_UFEBENPUE MOTION: Pidcock moved, seconded by Anderson to approve the budget as proposed. Motion carried unanimously. 22-9-0 City Council Minutes 15 February 14, 1989 VI. CITY MANAGER GNU Harris believed that the subject of the City Manager's goals needed to addressed. She recommended that the City Manager come to the Strategic Planning meeting with these goals in mind. Jullie stated that he had a list of specific goals. Peterson questioned if the Strategic Planning meeting was the appropriate place to include this item. Harris requested information by the next regular City Council meeting. VII. ARIMPLEAM The meeting adjourned at 10:35. 2 2-2 1 EDEN PRAIRIE CITY COUNCIL UNAPPROVED MINUTES TUESDAY, JUNE 6, 1989 COUNCIL MEMBERS: CITY COUNCIL STAFF: 7:30 PM CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock, and Douglas Tenpas City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Director of Planning Chris Eager, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Deb Edlund PLEDGE OF ALLEGIANCE ROLL CALL: All members present. COMMENDATIONS FOR PARTICIPANTS IN 1989 EDEN PRAIRIE SPRING CLEAN-UP uy. mp....y..FILBE....FRqUE,.REcipIENT OF THE HORATIO AL.Q.ER_AYARD Mayor Peterson presented commendations to all those present who had participated in the 1989 Spring Clean-Up Day, and to Kellee Kruger for her award. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Anderson moved, seconded by Harris to approve the Agenda as published and amended. ADDITIONS: Add item X.A.2., Ciatti's and the Lot between Hampton Inn & Residence Inn. Add item X.A.3, Safety Issues on County Road 4. Add item X.A.4, 4th of July Celebration. Add Item X.A.5, Public Access on Bryant Lake. Motion carried unanimously. II. MJNIITE5. A. Regular City. Council Meeting held Tuesday, May_15,_1 .989 B. Joint City_council./Waste Management commaf-iLID._&ttlPa Held Tuesday, May 23 4 1389 C. Special City Council Meeting held Tuesgay„Alm._23, 1989 City Council Minutes 2 June 6, 1989 MOTION: Pidcock moved, seconded by Anderson to continue the three sets of minutes to the June 20, 1989 City Council Meeting. Motion carried unanimously. III. CQNSENT_CALENPAR A. Clerk!s 41PeDs.e B. Resolution No. 89-81_Authodzing_the Issuance_of in Industrial Refunding Revenue Bonds for Kinder -Car.e. Learning Centers, Inc. C. APProval of Senior Citizen Discount D. apoon Ridge Neighborhood Petition E. Approve Bids on Franlo Park and Wyndham Knoll Park for C.OD_Strilcti9A F. Approve Plans and Specification for Storm Sewer Improvements At CSAH 1 and C.1AH I.C. 52 -121 (Resolution No. 89-131) G. Appuve Agreement with Northeril_1t5Ie5 egw_e_r_c_Qpputy.tg. Convert (2,rh.A Transmission Facilities to Buried Transmission Facilities Adiapent_to CSARJ South of T.U. 5 H. Receive Feaslbility Study_for Bluff Road Street and 1,1t i 1 i ty_ m_pr ove s_a nsUp et_ Public Hearing, I,C.„52 -194. (Resolution No. 89-94) I. Aparove Plans and Specifications for Cedar Riclge Storm Sewer Improvements,_arid AuthotliZg Bldg to..J.Q13e_c_PIAPd, L,c,_52 7 152 (Resolution No. 89-110) J. Receive Feasibility_atudy jor_caji.ffo,.._1_14...72/1:11111 Lant at Cedar Ridge Elementary School and Set Public Hearing, I.C. 52-155 (Resolution No. 89-111) K. ApprgvnLpl.mf,.„ryLspuifications for CSAH 1 By -PassiTurn Lane at Cedar Ridge Elementary ,achool_and Authorfle_Bids to be Received, I.C. 52-155 (Resolution No. 89-112) L. ADV.T.Ove_Qpit Claim Deed Releasing_TImpor,ary_cPnAtiuction F,;54.72.perit over_Lot 29, Eden Prairie Acres, Kgrms,Tin County, MirInesotq M. Apprpve_plans_lEesplullop No, 89-1141and Agrgement (Resolution No 19 -115 with Hennepin County for Participation in the_Construchion_and operatim of Traffic Contnol Signal SysLea_g_t_CSAH 61 _1Shady Oak Roadj and City West Parkway, I.C. 52-159 2_2_23 City Council Minutes 3 June 6, 1989 N. APPr.ove SUPPI ement No. 1 to Construction Cooperatiye Agreement P.W. 70-49-87 with )nn.P)JL County adding 452 feet of Bituminous Bilieway_Adjacent to CSAH No. 4 south of Teuty_Pine Drivg,_i„.c,_52_197,4 (Resolution No. 89-116) O. Uflrove ConstructlOn_qQoPe.Wive_AgfeeMeni_PW.2 7-.49.-89 with Hennepin County for Imgrovement to Terrey Pine Drive and Wagner Way at their intersection with CSAH No. 4 1,c. 52:074 (Resolution No. 89-117) P. Ordinan,Ce Wending Section 5.36 of the City_Code rfq:atinq tP_Idgenqe Requirements for Refuse Collect_OLS (Ordinance No. 19-89, First Reading) Q. Request_by.Eden Wood Camping and Retreat Center fo.r_a 10.0. Alteration Permit to ConstLuct a New Access Drive tp Serve tbg CARIP_Ivgaterh of W. 62nd Street 4nd West of Inollan_g_llief Road R. Re4O1AtiOn_ft......5.9:-.121...Authorizing_the_fity_p_f_ndltn Prairie Flexible Benefit Plan and the cily ot_gdep_prairie Pft2enfle_nt aLe ReirduirSement_Plan !ICTION: Anderson moved, seconded by Harris to approve Items A through R on the Consent Calendar. ITEM Harris asked if the yard waste would go to compost. Dawson replied that Hennepin County was nearing a final decision on a site for yard waste disposal. Peterson asked if a compost and a disposal facility were in the same category. Dawson replied that they were not the same and were two separate facilities at separate locations. Peterson then question the language of Item 1 related to collection units. Dawson replied that the distinction was that they did not use a common dumpsters. This wording was meant to include 4-and 8-plex units which were responsible for their own trash disposal and did not use a common dumpster. Peterson then requested that the wording be clarified. Pauly noted that the wording was clarified in the ordinance. CLE RK 'S...LICENS E Tenpas asked for clarification on the dog license kennel permit and how many dogs would be allowed. Jullie replied that there was a maximum number of dogs allowed. Tenpas then asked if this was allowed in a residential area. Pidcock believed that a certain amount of acreage was needed to allow a kennel. Jullie replied that at times 222(4 City Council Minutes 4 June 6, 1989 the acreage requirement was waived and added that the main concern was how the owner cared for the animals. ITEM_ 1? Harris asked if the City offered a cafeteria plan for benefits. Jullie replied no. Jullie added that the wording would also be clarified regarding the program for reimbursement for dependent care services. Motion to approve the items on the consent calendar carried unanimously. IV. PUBLIC HEARINGS A. RED_RgCK_SHQRES by Scenic Heights Investment. Request for Zoning District Change from Rural to R1-22 on 13 acres, Preliminary Plat of 19.77 Acres into 17 single family lots, 2 outlots, and road right-of-way. Location: East of County Road No. 4, north and east of Lake Shore Drive. (Ordinance No. 13-89 - Rezoning from Rural to R1-22; Resolution No. 89-104 - Preliminary Plat) Continued from May 16, 1989 Council meeting Jullie reported that changes had been made to the grading plan and the tree restoration issues. Bob Smith, representing the proponent, stated that currently the property consisted of two parcels zoned R1- 22 and two parcels zoned Rural. The request was for subdivision approval for 15 lots with 3 variances required due to the 80-foot building pad depth requested by Staff. Smith did not believe the deeper pads were necessary because of the wider lots and the fact that shallower homes would be built on these lots. Smith noted that other homes had been approved by the City which did not have 80-foot building pad depths. He stated that the homes would be in the $250,000 to $375,000 range. Peterson asked if the restriction was on the building pad size or construction limits. Enger replied that the construction limit and the building pad depth were the same - there would be 80 feet allowed for a home to be built. Staff was concerned about the homeowners buying the lots and then requesting variances for decks, etc. Smith stated that construction of a deck on these lots would not be allowed because of conservancy zones. Smith recommended that the building pads be between 55 feet and 75 feet and the street moved back approximately 18 feet. He believed this to be a viable solution, which would not cause any problems with the Shoreland Ordinance. Smith did not believe that the previously recommended City Council Minutes 5 June 6, 1989 zoning of R1-44 would be appropriate because of the loss of an additional lots. Smith reported that the utilities would be extended from Meadowvale and Red Oak Dirves. The holding pond would have enough area; however, some grading would be necessary on the Mark Olson property, which Olson had agreed to. This plan would reduce the cost of the storm sewer. Smith noted that the Engineering Staff had briefly reviewed this plan and that by 2nd Reading the proponent would have full approval of the owner and the Engineering Staff related to the best route for the storm sewer. Smith stated that the initial grading would be for the streets and utilities within the wooded areas;. outside of the wooded areas would be grading for the building pads and Scenic Heights Road, which would result in a significant tree savings. The Initial grading would only result in approximately 190 caliper inches of tree loss. Mr. Hoff, attorney for the proponent, requested that his letter dated June 5, 1989 be entered into the public record. After several meetings with Staff, Hoff believed that a compromise had been reached. The proponent would comply with the tree replacement policy for those trees removed as a result of his construction activities and in addition would have the appropriate restrictions added into the Developer's Agreement. The two variances would no longer be necessary based on Mr. Smith's presentation. Mr. Gilk would bear the risk for proceeding with the smaller building pads. Hoff requested that the revised plans be approved with the minor modifications presented by Mr. Smith and that the Council accept the compromise proposal reached between Staff and himself. Enger reported that Staff had met with the proponent and had discussed a number of methods to mitigate the tree loss at the time of construction as a result of the subdivision. The City could compromise. Enger stated that if the City Council believed that the Tree Replacement Policy could be used as a mitigation tool, the proponent would be required to guarantee and replace the trees removed at the time of construction when the streets and utilities were provided. He believed that the impact should be mitigated, but the developer believed that with restriction placed on the lots the burden should be borne by the builders and homeowners. By placing the burden of tree replacement on the property it could have an affect on the sale of the lots. The City's burden would be to the extent that documents sometimes get lost in closing and the owners could become upset when they would apply for a building permit and find out about the restrictions on the lot. Enger did not believe this to be a positive solution for the proponent or the City. Enger stated that 2.22&) City Council Minutes 6 June 6, 1989 the proponent's new figures of 190 caliper inches of tree loss had not been verified by Staff because a new grading plan was being presented tonight. Enger believed that Staff needed more time to review this new proposal to determine the actual impact to the property. Another Issue which had not been resolved was whether the utilities would be privately or publicly petitioned. Enger reported that the 80-foot building pad size was used as a practical measure for Staff to determine the impact to the property. If the proponent was willing to accept the risk of using smaller building pad sizes, it would be acceptable and it would be noted in the Developer's Agreement. Enger also noted that any hardship would not substantiate a variance request. Enger stated that the City's Tree Replacement Policy was a means approved by the City to mitigate the loss of trees due to land alteration. Enger noted that to date no other developers have suggested any difficulty in adhering to this policy. Staff believed that the subdivision of the property caused the need for land alteration and the Issues related to the alteration should be dealt with at the time of development. Lambert reported that the proponent was being requested to construct an asphalt trail to connect to the existing trail along Scenic Heights Road. Peterson questioned the proposed change in the road alignment. Enger replied that he had not seen this change in the road alignment until this evening. Peterson then asked if the Council was being requested to approve the plan and trust that the issues would be resolved by the 2nd Reading. Smith replied that the change in the road alignment had been offered as an alternative; however, the road could stay In its present location. Harris asked what the benefit would be for the change in the road alignment. Smith replied that building pad sizes could be reduced on the 3 lots with the proposed realignment of the road. Pidcock asked whether the Parks, Recreation, and Natural Resources Commission had discussed any other trails in this area, especially around the lake. Lambert replied there would be no connection available. Pidcock believed that the City was trying to get trails around the lakes. Lambert replied that the trail would not connect to any other trail in the future. Anderson asked if there would be a connection from Red Oak Drive to the city park. Lambert replied that the park located at the Old City Hall site would serve this area. City Counuil Minutes 7 June 6, 1989 Anderson then asked how the residents of this subdivision would get to the park. Lambert replied the residents would have to go along County Road 4. Lambert replied that with the Cedar Ridge development the roads were proposed to connect to Corral Lane and Mitchell Road. Anderson stated that the residents would be able to see the lake, but would have to walk 2.5 miles to use it. Lambert replied when the land to the south of Cedar Ridge developed a connection would be made. Lambert added that a sidewalk system would be up to the neighbors. Anderson believed that the City needed to plan ahead of time. Lambert stated that this road would connect to the neighborhood to the south. Smith noted that a sidewalk which would connect to Meadowvale Drive had been recommended by the Parks, Recreation & Natural Resources Commission. Smith added that a sidewalk would be constructed in the subdivision. Tenpas believed that the tree loss would be the same, the only difference being that the burden of replacement would now he on the homeowner. He believed that the tree loss was a critical issue and the objective should be to save as many trees as possible. The homeowner needed to be aware of the burden of tree replacement when purchasing the home if the restriction was noted in the Developer's Agreement. Enger replied that he agreed that by the lots not being graded at this time trees could be saved; however, Staff would prefer to have the tree issues resolved prior to homeowners being involved. Enger stated that with this compromise the homeowner would be responsible for a tree inventory and would have to come up with a surety for the tree loss. The Staff would be responsible for dealing with each individual homeowner. Tenpas stated that if the lots did not sell then the developer would bear the burden. Harris asked what the tree loss would be if the road was realigned. Tenpas stated that the Council was relying only on the developer's calculations at this time and believed that this should be referred back to Staff. Harris believed that the two important issues were tree loss and the variance request for the building pads. Harris then asked when the trees would be replaced by the developer. Enger replied that there was some flexibility: it could be done when the rough grading was finished or toward the end of the road construction. Peterson believed that only because the project was relatively small and that Mr. Gilk had proven to be a responsible developer in the past did this compromise made sense. He further stated that if this was a larger development the City would not he able to monitor this type of compromise. Peterson recommended that signs be posted on the lots which would be affected which clearly 222_7 City COunCil Minutes a June 6, 1989 stated the tree replacement requirements. He believed that enforcement of the tree replacement by the homeowners could be difficult. Tenpas asked how many other areas in the City would be similar to this one which needed to be addressed. Anderson believed that Staff was being asked to be responsible for the wooded lots within the City and that with this compromise the burden was now being placed on the City and not on the developer. The City would have to inspect the lots and he believed this to be a complete policy change from what was currently In place. Enger concurred with Mayor Peterson that this would only make sense on the smaller areas. Enger noted that the Council would be having the same discussions as tonight with the developer with 8 individual homeowners and did not believe this to be a practical long-term solution. Pidcock was concerned about the lack of access to a public lake from the south side of Red Rock Lake. Peterson replied that there had been a trail system program in place which identified the trails in Eden Prairie and the City Council did not have a policy which provided trails all along the lakes. Pidcock stated that Eden Prairie was becoming crowded and she would like the residents to be able to walk around the lakes and have access to them. Peterson recommended that the City Council have a workshop session to discuss trail systems in Eden Prairie. Tenpas asked if the Tree Replacement Policy issue was totally an economic issue. Gilk replied that he believed that the homeowners and builders should have the same responsibility as the developer to replace and conserve the trees. Gilk added that he supported the conservation efforts of the City; however, this was an extensively wooded area and the cost of providing a surety bond and replacing the trees would create a substantial financial burden. Kathy Anderson, 6420 Craig Drive, asked why two of the lots could not be combined. Peterson stated that combining lots cost money from the developers standpoint. Anderson believed that the homeowners would want the trees replaced on the lots. Nancy Nicolay, 16011 Lakeshore Drive, requested that this project not be approved until the exact road alignment had been determined. Peterson stated that the plan could be approved subject to approval of the road alignment prior to 2nd Reading. Nicolay stated that she had spent many hours working out the previous road alignment. She noted that she had an option to buy the Harry Rogers property, 72_2_9 City Council minutes 9 June 6, 1989 which would be affected by a change in the alignment. Smith replied that discussions had taken place with Mr. Rogers. He noted that the realignment of the road would move the road further away from the Rogers property. Nicolay agreed that direct access to Red Rock Lake would be in the best interest of the City, but she was disturbed because she had believed that everything was final and now everything was being changed at the last minute. Peterson asked Nicolay if she believed this would adversely affect her property if the road were moved closer to the lake. Nicolay replied that she could not speak for her grandfather, Mr. Rogers. Nicolay was concerned that her yard would be used as park land. Dietz asked if the utilities would be private or publicly petitioned. Gilk replied that the utilities would be privately installed. There were no further comments from the audience. MPTIOti: Harris moved, seconded by Tenpas to close the public hearing and approve 1st Reading of Ordinance No. 13-89 for Rezoning. Pauly asked that this motion be subject to the conditions In the Developer's Agreement. Peterson stated that he would reluctantly support the motion only because a 2nd Reading was necessary. Peterson added that he was disappointed that the plan was at the City Council level and road alignments were still being negotiated and a report to the Council from Staff on this matter was not available. Anderson stated that the responsibility was on the City Council because this was officially the last public hearing. He believed that this proposal would present problems for the City in the future and because the exact road alignment had not been determined, he would not support the motion. Anderson also noted that he was not pleased with the compromise being made regarding the tree replacement policy. Peterson stated that the Council did have a road alignment and a recommendation for possibly a better alignment. In voting for the motion Peterson believed that he was voting for the alignment as presented in the Council's packet and that which was currently agreed upon with Staff. Pidcock stated that she would not support the motion until a definite agreement had been reached. 2,2 30 City Council Minutes 10 June 6, 1989 Tenpas stated that he was comfortable with the alt e r n a t i v e road alignment being addressed at the 2nd Reading . H e believed that the tree replacement issue needed mor e w o r k . Harris recommended the following conditions be part o f t h e motion: 1) Approve the recommendations in the Staf f reports, 2) Approve the compromise proposed by Staf f regarding the tree replacements, 3) Proponent would agree not to make any variance requests related to the 55 - f o o t building pad size, 4) Reach a decision regarding the road alignment, either of which was acceptable to the C o u n c i l at this time, 5) Add a section to the Developer's Agreement regarding notification to the property ow n e r s regarding the tree replacement stipulations. Pau l y recommended that a separate agreement be written r e g a r d i n g the notification of the potential buyers of the p r o p e r t y of the tree replacement, setback, and building pa d reE,trictions placed on the property. Gilk stated that he would be comfortable with a t w o - w e e k continuance. He added that he did not want the C o u n c i l t o think that he was trying to push anything through. Tenpas asked if an agreement on road alignment cou l d b e reached in two weeks. Dietz stated that he could n o t b e sure that it could be completely resolved. Pauly stated that he believed that the road realig n m e n t was done in part to avoid the tree replacement pol i c y Issue and was an attempt to get assurance from the C i t y . Pauly noted that the City did not have to give an a p p r o v a l or a denial based on the road alignment. Peterson believed that there would be merit in a t w o week continuance and further negotiations. He noted tha t a rezoning issue would require 4 affirmative votes. Anderson commented that he remembered when the Cit y d i d not have a tree replacement policy and did not want to go through those times again. He added that from comm e n t s h e had received from the residents, they liked having t h e tree replacement policy. Harris withdrew her motion. MOTION: Pidcock moved, second1 by Harris to continue this i t e m to the June 20, 1989 City Council meeting. Motion ca r r i e d 4- 1. Tenpas voted "NO". R. ERFB.B.R.V.B._50QTR by BRW, Inc. Request for Planned Unit Development Concept Amendment on approximately 18 acres, Comprehensive Guide Plan Change from Neighborhood 2Z3 City Council Minutes 11 June 6, 1989 Commercial and Open Space to Regional Commercial on 9.07 acres, Planned Unit Development District Review on approximately 18 acres, with waivers, and Zoning District Change from Rural to C-Reg-Ser on 9.07 acres, and Preliminary Plat of 13 acres into 2 lots for construction of a 25,248 square foot theater complex. Location: East of Highway #169, south of Medcom Boulevard. (Resolution No. 89-124 - PUD Concept Amendment to Overall Preserve South Planned Unit Development; Resolution No. 89-125 - Comprehensive Guide Plan Amendment; Ordinance No. 17-89- P00-4-89 - PUD District and Rezoning; Resolution No. 89- 126 - Preliminary Plat) Jullie reported that notice of this public hearing had been mailed to 172 surrounding property owners and had been published in the May 24, 1989 issue of the Eden Prairie News. Ed Flaherty, representing the proponent, stated that the project had started in 1987. Several other uses such as high-density office, a strip mall, high-rise residential and medical use had been considered and it was determined that the movie theater was the most appropriate use. Flaherty also stated that several neighborhood meetings had been held. Miles Lindberg, representing the proponent, stated that the proposed movie theater use was consistent with the traffic generation allowed for the area. The theater would not need to rely on direct access or view from a highway. Residential areas surrounded the proposed development. The plan was to subdivide the property into two lots with the second lot being used for proof-of- parking. The movie theater would occupy approximately 8 acres with the second lot consisting of approximately 5 acres. The theater would be located at the north end of the property with the parking area located to the south. This plan would keep the activity of the theaters away from the residential areas. A sidewalk and driveway would extend all around the building. The street plan was designed based on the extension of Medcom Boulevard to Frani° Road. All utility details had been worked out with Staff. The DNR and the Watershed District had given their approvals for the project. A conservation easement was provided to maintain the open area. A trail connection had been discussed with the Park & Recreation department. The landscape plan had been revised to limit the impact to the neighboring residential areas. The parking lot would be terraced with berming and landscaping provided throughout. The setback had been increased along the eastern boundary. Retaining walls would be constructed. The extension of Medcom Boulevard would not have an impact on the site. The exterior of the building would be constructed of brick, glass, and metal. The building 22)-2- City Counll Mlnute5 12 June 6, 1989 height would be 32 feet. The signage for the facility would consist of a marquee and another identification sign. Flaherty gave a slide presentation which summarized the proposal. He stated that Cinemark was a quality organization and he believed that this movie theater would be one of the finest in Minnesota. Flaherty gave the following reasons to support the Comprehensive Guide Plan Change: 1) The technical interpretation of regional use, while other communities considered this neighborhood commercial, 2) the impact on the residents had been mitigated with berming and landscaping, 3) the proposed use was the best land use alternative, 4) he was committed to owning the property long term and being active in the management of the business. Flaherty further believed that all the issues had been positively resolved and, therefore, a Guide Plan change was warranted. Enger reported that this item had been reviewed at several Planning Commission meetings and had received approval at the May 8, 1989 meeting by a 4-2 vote based on the recommendations outlined in the Staff Report. Enger noted that much of the concern had been for the screening and buffering of the residential areas. Enger recommended that the berming be increased in height. A safer access would be from Medcom Boulevard to Frani° Road once Medcom was extended. The present access did not rely heavily on access to Highway 169. Lambert reported that the Parks, Recreation & Natural Resources Commission had reviewed this item at its June 5, 1989 meeting and recommended approval on a 4-3 vote. The main discussion had centered around screening and noise mitigation. Tenpas asked how many of the Planning Commission members had walked the property. Enger replied that all of the Commissioners voting yes had walked the property. Peterson asked for clarification on the lighting proposed and the pedestrian flow from the building to the parking lot. Flaherty replied that the lighting would be 20 feet in height and would be downcast. Flaherty noted that the main concern by the residents had been the headlights. The parking lot had been terraced to direct the headlights down to mitigate this concern. Lindberg replied that the islands would have pedestrian ramps through them and exits would come from each theater. Harris asked what was the purpose of the game room. Flaherty replied that the game room was to provide entertainment before and after the movie. City Council Minutes 13 June 6, 1989 Harris asked Dietz if there would be left turns allowed onto Highway 8169. Dietz replied that left turns would be allowed until Medcom Boulevard was extended. Tenpas asked what the reasoning was for not having a left- turn lane into the Lariat Center. Dietz replied that a turn lane would interfere with the spacing of traffic for Highway 169. Pidcock asked if the parking lots would be video monitored. Flaherty replied that there would be workers at the theater cleaning up after the last movie had ended. Bill Horn, 11875 Boulder Say Road, asked if this project was contingent on the extension of Medcom Boulevard. Dietz replied that the City was looking at a feasibility study for the extension of Medcom Boulevard. The site was designed with provisions that allowed for the extension of Medcom Boulevard. Mark Pfister, 11929 Joy Circle, had been asked to represent the neighborhood to the southeast of the proposed site. The residents were very proud of their neighborhood. A slide presentation was given depicting the neighborhood. The residents believed that a significant traffic impact would occur on Grier Lane. Pfister noted that the streets were constructed for residential traffic. A Comprehensive Guide Plan was being requested on this site and Pfister noted that a Guide Plan change had already been allowed at the Lariat Center; therefore, reducing the buffer area in half. Pfister believed that the City Council would be setting a precedent. The designated open space would also see a significant reduction. Pfister noted that the residents already in this area had purchased their homes based on the City's Comprehensive Guide Plan designation and did not believe that it was appropriate to change that designation after the fact. The residents believed that the project should be denied based on the requested change in the Comprehensive Guide Plan and the incompatible use with a residential area based on the hours of operation being in the evening and on weekends, generating intolerable noise and traffic levels. The residents were concerned that their property values and quality of life would be reduced if this development were allowed to proceed. The residents believed that the noise from the proposed development would disturb their privacy, outside social gatherings, and their sleep because of the late shows. The traffic would be concentrated and not random as with other possible land uses. The residents also believed that the times the traffic would increase were not compatible with a residential neighborhood. Pfister stated that the project had been planned around the extension of Medcom Boulevard, which he believed would 2_31,I City Council Minutes 14 June 6, 1989 increase traffic significantly for Crier Lane. The residents would prefer some type of office use rather than retail use because they believed that the traffic and noise patterns would be more compatible with a residential net Joe Weber, 11917 Joy Circle, believed that the developer had presented false Arguments regarding the fact that this proposed use would he better than other uses and further believed that the project should be judged on its own merit. Tom Walters, 12490 Porcupine Court, stated that he was representing himself and had been asked to speak for his neighborhood. Walters believed that there were four major problems with the development: 1) The theater proposal Itself, 2) Deviation from the Comprehensive Guide Plan, 3) Undefined parameters for a Comprehensive Guide Plan Change, and 4) Poor traffic flow. Walters presented further written explanation of the objections for the above mentioned items. Walters believed that with the extension of Medcom Boulevard the neighborhood traffic would increase. Walters recommended that the project be denied. Walters believed that a formal study should be conducted regarding water run-off and traffic. Wayne Mueller, 8710 Grier Lane, asked why the City needed 8 more movie theaters and what would happen to the site if Cinemark was not successful. Peterson replied that the site would most likely be developed as office use. Mueller then asked what Cinemark's track record was for successful developments. Enger replied that he did not believe that it was necessary to have the theaters on this particular site; however, the theaters could contribute to the downtown area. Flaherty replied that in the last seven years Cinemark had not closed one theater and currently had 400 theaters in operation. Flaherty added that the theater was designed to be able to be converted to office uses if the movie theaters were not successful. Rich Jensen, 8680 Grier Lane, stated that the proponent WAS asking that the second lot also be rezoned. Jensen believed that this should be kept for public waters and the proponent should be obligated to comply with shoreland regulations. He believed that to approve the rezoning of the second lot would be in violation of State Laws. Lee Johnson, an owner of property along Franlo Road, stated that he had expected to have a parking lot adjacent to his property and had found the developers very cooperative in addressing his concerns. Johnson did not agree, however, with the circulation and blocking. Johnson had planned to develop his property for residential use and believed that additional screening 222)7 City Council Minutes 15 June 6, 1989 would be required on the eastern boundary and that Possibly a fence would be appropriate to block the homes from the headlights, otherwise Johnson believed that he would have to downgrade his plans. Chuck Pufahl, 8560 Franlo Road, stated that his property bordered this development and he would not be able to see the project. He believed that the project should be allowed to proceed and added that the proponent had proven in the past that he developed quality projects. Pufahl requested that a large oak tree be saved if possible which was close to his property line. Mueller asked Pufahl if he had anything to gain financially by supporting this project. Pufahl replied that he did not. • Mike Doherty, 8716 Grier Lane, asked if the DNR had signed off on this project. Lindberg replied that the proponent had met on site with the DNR and had determined that there would be no impact on the wetland area; however, there was another formalizing process which still needed to be completed. Mike Wallace, 8722 Grier Lane, asked how the proponent had determined this particular use for the property. Flaherty replied that he had looked at the trade area and determined that this would be a regional use and would generate regional traffic on regional roads and not neighborhood road systems. Flaherty believed that those using the facility would take the most convenient route, not the most direct. Mueller asked if Frani° Road was considered a regional road. Dietz replied that it was considered a collector road. Peterson added that Franlo Road had been designed to be wider as a collector road. Pidcock asked Lambert if this project would be in violation of the Shoreland Ordinance. Lambert replied that the Shoreland Ordinance had been developed over 3 years ago and that Eden Lake was considered by the DNR to be a man-made holding area and, therefore, was not subject to the Shoreland Management Ordinance. Peterson commended all of the residents making presentations. Peterson stated that a number of the concerns raised related to the Comprehensive Guide Plan Change. Peterson assured that residents that anytime a change was made in the Comprehensive Guide Plan it was done only after very careful and thorough study. He added that a Neighborhood Commercial designation allowed for a 50,000 square-foot structure to be build and the proposed development would only be one-half of that size. Peterson also believed that the proposal before the Council would be a less intense use of the property. 2 2 36, City Council M1nute5 16 June 1989 Anderson stated that the proposed project would fit into the area, would benefit the major center area, was compatible with other adjacent land uses, would aid in the development of the downtown area, and will help attract regional trade to Eden Prairie. Anderson believed that this development would have only a minor effect on the residential areas adjacent to it. Tenpas stated that if the theater was not successful a more intense use could be developed on this site. Tenpas noted that another major concern of the residents had been traffic. Tenpas believed that from a safety issue it would be better to have the traffic later rather than during the day, and added that it was a definite benefit that the traffic would not he during the peak .hours. Tenpas stated that the theaters would draw business from a larger area which would be beneficial to other businesses in Eden Prairie. Tenpas asked the residents if there had been an increase in noise since Applebees had been constructed. Pfister replied that there had been an increase. Tenpas then stated that he had walked the area and did not believe that the residents on Porcupine Court could see the project at all and the residents on Joy Circle would only be able to view the parking lot. Tenpas also questioned how much of the noise would be heard by the residents. Tenpas stated that he would support the project. There were no further comments from the audience. MOTION: Anderson moved, seconded by Pidcock to close the Public Hearing and adopt Resolution No. 89-124 for PhD Concept Amendment. Pidcock stated that the Council was voting for the benefit of the City as a whole and believed that this project would be good for Eden Prairie. Peterson stated that he believed that this project would be the most benign use for the property. Tenpas requested that Staff do whatever was possible to mitigate the traffic problems. Harris stated that this was a difficult decision, the neighborhoods had made compelling arguments; however, she believed that this project would add to the recreational facilities available in the City Motion carried unanimously. City Council Minutes 17 June 6, 1989 MOTION: Anderson moved, seconded by Pidcock to adopt Resolution No. 89-125 for Comprehensive Guide Plan Amendment. Peterson asked if it was essential to approve a Comprehensive Guide Plan Amendment on both lots. Enger replied no. Lindberg stated that he had understood that it was necessary to rezone the second lot because of the proof-of-parking requirement. Enger replied that he did not believe that an application had been made to rezone the second lot and, therefore, the Council could not act on that request. Motion carried unanimously. MOTION: Anderson moved, seconded by Pidcock to approve 1st Reading of Ordinance No. 17-89-PUD-4-89 for P0D District and Rezoning. Motion carried unanimously. MOTION: Anderson moved, seconded by Pidcock to adopt Resolution No. 89-126 approving the Preliminary Plat and to direct Staff to prepare a Development Agreement incorporating Committee and Staff recommendations. Motion carried unanimously. C. gouqTRy_GLEN by Coffman Development. Request for Zoning District Change from Rural to R1-13.5 on 9.3 acres, and Preliminary Plat of 9.3 acres into 20 single family lots, 1 outlot, and road right-of-way. Location: South of Town] me Road, west of Claycross Way. (Ordinance No. 18- 89, Rezoning; Resolution No. 89-129, Preliminary Plat) Jullie reported that notice of this public hearing had been mailed to 65 surrounding property owners and had been published in the May 24, 1989 issue of the Eden Prairie News. Ron Bastyr, representing the proponent, stated that the proponent concurred with the Staff recommendations and he was available to answer any questions. Enger reported that this item had been reviewed by the Planning Commission at the May 8 and May 22, 1989 meeting and had recommended approval of the project unanimously at the May 22, 1989 meeting based on the recommendations outlined in the Staff Report. Lambert reported that this proposal had been reviewed by the Parks, Recreation & Natural Resources Commission at City Council Minutes 18 June 6, 1989 its June 5, 1989 meeting and recommended approval of the project with the addition that trees be provided to screen both boundaries of outlot A. Bastyr stated that the proponent concurred. Anderson asked if the trail would he signed as a prospective trail. Lambert replied that the trail might never go through this area. Anderson believed that it was important that it be signed as a possibility. There were no further comments from the audience. MOTION: Harris moved, seconded by Pidcock to close the public hearing and approve 1st Reading of Ordinance No. 18-89 for Rezoning. Motion carried unanimously. MOTET: Harris moved, seconded by Pidcock to adopt Resolution No. 89-129 approving the Preliminary Plat and to Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. D. WFING PRE58,4 _INC,MAN.81.04 by Fortier and Associates, Inc. Request for Site Plan Review within the 1-5 zoning district on 6.7 acres with variances to be reviewed by the Board of Appeals for construction of an addition to a building. Location: 7000 Washington Avenue South. (Resolution No. 89-127 - Site Plan Approval) Jullie reported that notice of the public hearing had been mailed to 11 surrounding property owners and published in the May 24, 1989 issue of the Eden Prairie News. Enger reported that this item had been reviewed at the May 8, 1989 Planning Commission meeting and had received approval on a 6-0 vote based on the recommendations outlined in the May 5, 1989 Staff Report. There were no comments from the audience. MOTION : Pidcock moved, seconded by Harris to close the Public Hearing and adopt Resolution No. 89-127 for Site Plan Approval. Motion carried unanimously. E. NTLDY_A.,_5713.E.3TWOSKI 89 by Alex Dorenkemper. Request for Zoning District Change from Rural to R1-22 on 2.17 acres with variances to be reviewed by the Board of Appeals, Preliminary Plat of 2.17 acres into 3 single family lots. 2,g9 City Council Minutes 19 June 6, 1989 Location: North of Dell Road. Jullie reported that notice of the public hearing had been mailed to 25 surrounding property owners and had been published in the May 24, 1989 issue of the Eden Prairie News. Alex Dorenkemper, 18925 Pioneer Trail, stated that he had been turned down four times on this project. Dorenkemper did not believe that the City Council or the City Attorney had ever known all the details. He added that he had written several letters over a 5 1/2-month period to the City and had presented a copy of the original Building Permit for the Wilson home. Dorenkemper stated that he had sold two lots pending preliminary plat approval, which he had never received. Enger reported that the Planning Commission had reviewed this item at the May 8, 1989 meeting and recommended denial of the request on a 6-0 vote based on the Staff Report dated May 5, 1989. Enger noted that this was the exact request which had resulted in a lawsuit against the City in which the City prevailed. Dorenkemper stated that the courts had never known about Outlot A and, therefore, the court had not ruled on this issue. Harris asked if the lots all had homes on them and if septic systems were on all of the lots. Enger replied that not all the lots had homes. There were no further comments from the audience. MOTION: Anderson moved, seconded by Harris to close the Public Hearing and direct Staff to prepare a Resolution of Denial with Findings on the Outlot A, Crestwood 89 application. Peterson stated that the reasons for denial outlined in the Staff Report were compelling ones. Motion carried unanimously. F. TIREF.PLUS by M. Austin Smith. Request for Site Plan Approval for Eden Prairie Auto Mall to allow a Tires Plus sign on the building's northwest side which does not have a sign band designation. Location: 8453 Joiner Way. (Resolution No. 89-130 - Site Plan Approval) Jullie reported that the notice of this public hearing had been mailed to 17 surrounding property owners and published in the May 24, 1989 issue of the Eden Prairie 2,20 City Council Minutes 20 dune 6, 1989 News. Enger reported that this request comes about because of the newly-adopted Site Plan Review Ordinance. He added that the proponent would like to add a zign on the west side of the building, which would be consistent with the City's Sign Ordinance. The proponent stated that a pylon sign would be used to list all of the tenants and that no other free-standing sign would be approved for Tires Plus. There were n3 further comments from the audience. MolIDa: Pidcock moved, seconded by Harris to close the Putlic Hearing and adopt Resolution No.89-130 for Site Plan approval. Motion carried unanimously. V. PAyMENT OF cLAIMS M012.0.: Anderson moved, seconded by Pidcock to approve Payment of Claims No. 51008 through No. 51475. ROLL CALL VOTE: Anderson, Harris, Pidcock, Tenpas, and Peterson all voting "AYE". VI. ORDINAnES & usuolops A. MEJ0LE CENTER by Hansen, Thorp, Pellinen, Olson, Inc. Appeal from Decision of Board of Appeals and Request for Preliminary Plat of 10.3 acres into 2 lots for construction of a 65,000 square foot office building. Location: South of 1-494 and West 78th Street, and north of Anderson Lakes. (Resolution No. 89-122 - Preliminary Plat) Joe Ryan, Lexington Company, stated that the request was to subdivide the property into two parcels of 5 acres each. Collateral was provided on the entire parcel and the proponent would like to have a construction loan approved on the second lot. The proponent wanted to be prepared for development in the future. Ryan noted that the Planning Commission had recommended approval of the lot separation unanimously. Ryan realized that this property was a sensitive issue due to the lake and issues were also raised regarding parking. A cross-easement had been developed between Phases I & II to provide parking and the parking agreement would go with the land in the future and would become part of the public record. 22til City Council Minutes 21 June 6, 1989 Enger reported that the proposal had received unanimous approval by the Planning Commission and had been denied by the Board of Appeals. The Planning Commission had recommended approval of the Preliminary Plat with 8 conditions due to a concern for future development. Enger stated that the Board of Appeals had denied the request because a hardship had not been proven and it believed the request to be strictly for economic reasons. Enger said that the Council needed to determine how much the City wanted to have deferred into the future. Anderson asked if the property was originally proposed to be split. Enger replied no. Tenpas asked if the developer could have built a second building. Enger replied that the proponent could have constructed a second building. Tenpas believed that the proponent was limited due to financing restrictions. Peterson asked if the original intent was to have a second building attached to the first structure. Enger replied that the second building was not to be attached. Peterson then asked if the proponent could keep the financing and sell half of the property. Ryan replied that it would be possible to have two lenders on the property. Enger stated that this would present a dilemma, having multiple buildings on a site not owned by the same developer. Peterson asked what variance requests were being made. Enger replied a height variance for the existing building, setback variances, and a proof-of-parking variance. Dale Hubred, 8065 Ensign Road, stated that he had met several times with the developer and Staff. He noted that the original building had been approved at 45 feet in height, but was constructed at 52 feet and that many oak trees were removed and never replaced as originally agreed upon. Hubred stated that the project was designed as one project and should be left as such because this proposal would leave Phase I without parking. Hubred asked what would happen with the proponent not having an actual plan before the City Council. The Board of Appeals had voiced a concern about the request for future variances. Hubred stressed that Phase I had not been completed as promised. Hubred said that 7 feet might not seem like a lot to the Council, but when the building was on a hill it had the appearance of a 10-story building. Peterson stated that the fact that a specific plan was not available at this time was not an issue. Peterson did believe, however, that the unresolved requirements of the original development should be addressed. Tenpas statPd that the Lexington Company was not the original owner and the residents were talking about issues City Council minutes 22 June 6, 1989 which this developer had no control over. Peterson believed that the City would not lose any control over the project if the property were to be split. Peterson understood the residents' concern over unfulfilled requirements. Tenpas stated that the City had a Developer's Agreement and the burden was on the City to see that these requirements are upheld. Peterson asked what items specifically had not been fulfilled. Enger replied that landscaping had been Installed because trees had been removed which were not designated to be taken; however, the landscaping that was added also died and had not been replaced. Enger added that to enforce all of the Developer's Agreements successfully would require additional Staff. Peterson then asked if the landscaping was substantial. Enger replied that the landscaping had been requested to help mask the size of the building and had been substantial. MOTION.: Pldcock moved, seconded by Tenpas to adopt Resolution No. 89-122 approving the Preliminary Plat of the Cabriole Center with the condition that the cross-easement agreement for these parcels be executed prior to approval of the Final Plat. Pauly noted that in addition to the above requirements a declaration of the easements was necessary. Ryan replied that lot 2 would be for supplemental parking. Pauly believed that this should be part of the conditions, and that declaration of the easements would not be changed without prior notification to the City. Motion carried 4-1. Anderson voted "NO". MOTION: Pidcock moved, seconded by Harris to reverse the Board of Appeals decision and grant the variance subject to the condition that the declaration of the easement be executed, delivered, and filed and that Lexington Company would enter into an agreement with the City to construct the parking structure and that Lexington Company would not agree to any modification of the easement without the City's consent. Anderson asked if this declaration related to all the easements. Pauly replied that this was only related to City Council Minutes 23 June 6, 1989 parking and did not modify the conservation easement. Motion carried 4-1. Anderson voted "NO". B. ardiriance_f_o_r_nme Change - Diamond Circle to LaRivier Court (Ordinance No. 15-89) Dietz reported that all concerned parties were in agreement. MOTION: Pidcock moved, seconded by Anderson to approve 1st Reading of Ordinance No. 15-89 to change the name of Diamond Circle to LaRivier Court. Motion carried unanimously. VII. PETITIONS, REQUESTS & OMMUNICATIONS A. Receive 100 Percent Petition for Sanitary Sewer, WatermaLQ, Storm Sewer and Street Paving for Proposed Country Road and Claycross Way with the 'lap t Coup Glen and Order Preparation of Plans and Specifications, (Resolution No. 89-113) tioTTAN.: Pidcock moved, seconded by Harris to adopt Resolution No 89-113 to order the Preparation of Plans and Specifications for I.C. 52-171. Motion carried unanimously. VIII. Fusau oF_AplauRy_wmmususs A. Maynral_arm_3tudy Committee - Recommendations for the Mayoral Term The Mayor left the room during this discussion. Harris reported that the Study Committee unanimously agreed that the Mayor's term should be extended to 4 years. The committee believed that the decision-making process would be improved and that the powers of the Mayor were the same as any other Council member. The Study Committee had surveyed 12 cities with 11 responding favorably to the 4-year term of the Mayor. Tenpas added that the City could easily go from a 5-member Council to a 7-member Council and that once a 7-member Council were approved terms could change. Anderson stated that he was pleased to see this proposal. Anderson believed that a considerable amount of the Mayor's time was taken away from the City when he was City Council Minutes 24 June 6, 1989 asked to run for office every two years and it also had an added cost factor. MMON: Harris moved, seconded by Pidcock to adopt the recommendation to change the Mayoral term from 2 to 4 years beginning with the 1990 election. Harris stated that the Committee would like public comment when this item was going through the Ordinance adoption process. Motion carried 4-0-1. Mayor Peterson was not present for the vote. MOTION: Tenpas moved, seconded by Pidcock to direct the City Attorney to draft an Ordinance changing the Mayoral term from 2 years to 4 years. Motion carried 4-0-1. Mayor Peterson was not present for the vote. IX. AREQINTMENTs. X. REPORTS OF OFFICEM,. 11QAEDS COMMIDU A. Rg.P.P:Lts 1. Reschedule City Council Meeting of July_A„._1_98.1 MOTION: Pidcock moved, seconded by Anderson to reschedule the July 4, 1989 City Council meeting to July 11, 1989. Motion carried unanimously. 2. Ciatti's and Lot 1.2.Y HaliatOn Inn Pidcock asked what the City could do to have Ciatti's clean up the area in the back of its building and also the lot between the Residence Inn and the Hampton Inn. Jullie replied that the manager of Ciatti's had been notified and had indicated that construction was still taking place at this time. 3. Safety Issues on_County Road LI Peterson requested Staff to review the pedestrian traffic safety in the Round Lake Park and County Road 114 area. Peterson questioned if these areas were as safe as they could be. Tenpas added that it was frightening to see the children 2 2_LI S City Council Minutes 25 June 6, 1989 in these locations and also along county Road #18. Harris asked if there was any way the City could discourage Joggers from jogging in the street when sidewalks and trails were available. Pauly replied that he would review the issue. 4. 4t11_01.J.PlY..g_lehr3tion Tenpas asked if more portable restrooms could be available for the event. Tenpas added that he was also concerned about the safety of the rides both at the 4th of July Celebration and at Schooner Days. Peterson replied that the rides were inspected by State inspectors. 5. Imargytment of Pjcc qrytJJsi esS Anderson asked if Hennepin County was responsible to upgrade this public access. Anderson added that it was virtually impossible to launch a boat at this time. MUTPP: Anderson moved, seconded by Pidcock to make a formal request that Suburban Hennepin County Park District put in A concrete landing at the public access for Bryant Lake. Motion carried unanimously. B. Report of_City_Managek C. RnPr.t...of_CitY_At.12V2tY. D. Report of Director of Planning. E. D1reCtOr_o1_PAL1544_RefratJQM..&__PIIIIIra1 Besoar.Ces 1. h .LcFi1. pJ iUin Rept= Lambert reported that Staff would be closing the Flying Cloud Ball Fields this fall for renovation and would be discussing limiting the number of days that a non- irrigated field could be used. Peterson stated that it was important that the Council be Informed of any major change. Lambert replied that he would be talking to all of the major athletic associations. 2. Re_port on_PAris__RphdReferencluip Lambert believed that the referendum failed because the golf course became the issue. The recommendation from the Parks, Recreation & Natural Resources Commission was to City Council Minutes 26 June 6, 1989 come back with another referendum immediately with the removal of Bluff Park and Miller Park's lighted ball fields. Lambert added that this would not require additional funds from the City for brochures, etc. Anderson asked what the new proposed amount of the referendum would be. Lambert replied $5,945,000. Harris asked if the City would be able to purchase any of the Bluff Park land. Lambert replied that the City was looking at requesting land in lieu of park fees in the Bluffs and Riley Creek areas. Lambert added that the City was looking at other creative ways to acquire the land. Harris believed that the land acquisition was very important. • MOTIM: Anderson moved, seconded by Pidcock to proceed with the Parks, Recreation & Natural Commissions recommendation to present another Bond Referendum for $5,945,000 to be scheduled for August 8, 1989. Pauly noted that a certain period of time needed to elapse before the same question could be presented to the public. Lambert replied that this would not be the same question. Tenpas believed that there was more public awareness of tax issues. He added that a new City Hall was another issue which needed to be addressed. Tenpas was not comfortable returning to the public right away. Tenpas asked for time for additional public input and further believed that the referendum should be scaled down even further. Harris stated that she was not comfortable that a referendum would pass right now. Anderson stated that those that were critical of the referendum have said that if the items were reduced it would be acceptable to bring the referendum back right away. Anderson added that the land acquisition was important as developers were buying up the land. Peterson concurred with Councilmember Anderson that it would be timely to come back with major modifications. Peterson added that he had heard some of the same comments about the golf course being the issue which caused the referendum to fail. Peterson believed that if the two parks for $400,000 were removed the residents would see a major change. Pidcock asked what had been the cost of the Bluff Park. Lambert replied $2.9 million. Pidcock then recommended Aaul City Council Minutes 27 June 6, 1989 that two questions be presented: one for land acquisition and one for improvement projects. Lambert noted that this had been discussed at great length at the Parks, Recreation & Natural Resources Commission meeting and members had concluded that this would not be advisable. Pidcock commented that she too had heard that the golf course was the main objection of the residents voting "NO". Lambert believed that the golf course issue would not be forgotten in three months and added that neither the committee nor Staff had emphasized the golf course use; therefore, it was recommended to eliminate Bluff Park at this time. AMENDMENT TO MOTION: Harris moved, seconded by Pidcock to amend the amount to $5,545,000. Tenpas believed that it would be difficult to get the same people out to vote again. Tenpas believed that there needed to be cooling-off period regarding taxes in general. Motion to approve the Amendment carried 4-1. Tenpas voted "NO". Discus*Jon Qn the Orjginal Motion. Peterson believed that this referendum reflected a commitment to the park systems. Anderson stated that he realized the mood of the community, but also believed that the Council had an obligation to the Community. Tenpas stated that his concern was that the referendum would fail again and the City would get nothing. Anderson stated that this revised referendum figure would be a bare minimum. Original motion carried 4-1. Tenpas voted "NO". Pidcock stated that she would like to see two questions presented. Peterson believed that the residents would be upset because they would view this as not being reduced at all, but only being split into two questions. Pidcock stated that she had heard that the residents were upset because they did not have a choice presented to them. Harris believed that by a choice the residents had wanted to pick and chose the projects they wanted to see approved. zq7 City Council Minutes 28 June 6, 1989 F. Rftux1 ot_nrector of Public Works G. RepArt.of_Einance Dir.ertor XI.NEw_pugiFgss XII. ANOURNKFNT Tenpas moved, seconded by Pidcock to adjourn the meeting at 1:15 AM. Motion carried unanimously. aaq9 EDEN PRAIRIE CITY COUNCIL UNAPPROVED MINUTES TUESDAY, SEPTEMBER 5, 1989 COUNCIL MEMBERS: CITY COUNCIL STAFF: 7:30 PM CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock, and Douglas Tenpas City Manager Carl J. Jullie, City Attorney Roger Pauly, Director of Planning Chris Enger, City Engineer Alan Gray, City Assessor Steve Sinell, and Recording Secretary Deb Edlund PLEDGE OF ALLEGIANCE ROLL CALL: Doug Tenpas Absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Pidcock moved, seconded by Harris to approve the Agenda as published and amended. ADDITIONS: Add Item VTI.C, Traffic Study Request from Sue Dodan. Add Item X.A.1, Comment on Directional Road Signs in Eden Prairie. nELETE: Item III.J, Fairfield Phases 2 Through 6, from the Consent Calendar. Motion carried unanimously. II. WIN.T.Fa A. Minutes of the_loigt CitY_CouncilLHuman_Rights & Services qopmiesion Meeting Held Tuesday„luggst /1.4 _1989 MQ.1719N: Anderson moved, seconded by Peterson to approve the minutes of the Joint City Council/Human Rights & Services Commission meeting held Tuesday, August 29, 1989 as published. Motion carried 2-0-2. Pidcock and Harris abstained. City Council Minutes 2 September 5, 1989 III. CONSENT CALENDAR A. CleIk'l_LiclOose..L.Ut. B. Cllange Order No. 1 for Frani° Park Tenras Courts C. ResoLut p_n_a_l_Deltsati on to 8ponsox__ansi _Sup_pqr_t Plastics Recycling Measures (Resolution No. 89-187) D. ChangejlEder No. 1 for Amphitheater Construction al. Staring_Lake_Park F. Flnal Plat ADProval DI_FLIen PrAir1e Center_ith AdditIon llocated at the northeast corner of TH 169 and Prairie center_PriYei Resolution No. 89-188 F. Resolution Authorizing Amendment No. 2 to_the Cooperative Agreemtut (No. 641401 foran EIS and Design Study Report for_T,E,_ala (Resolution No. 89-197) G. kpprOve_SAPDJeMent_nl.,..1 til_Aaretneat_NO,_511.11_Witl. MnDOT for_ Design_at_Vi_5 between CSAB 4_apd_CIAB 17 (Resolution No. 89-193) H. &gPX_PYP1tAII.01 tO_Ping-Mile_Creek.ATAterAlled_kict_for Smetana Lake Outlel_Improvements (Resolution No. 89-198) I PRAIRrE GREEN_IIINI.:-.STD_RAgE by Prairie Green Associates. Adoption of Resolution No. 89-195, Denial of Ordinance No. 52-88 for Zoning District Amendment within 1-2 Zoning District on 0.69 acres and attendant requests for Preliminary Plat of 7.2 acres into 2 lots for construction of 8,575 square feet of additional storage space. Location: East of County Road #4, South of Terrey Pine Drive. (Resolution 089-195 - Denial of Zoning) J. FAIFFIE.LP_RB.M.F5_2_THROUGH 1 by Tandem Properties. 2nd Reading of Ordinance No. 59-88-PUD-15-88, Planned Unit Development District Review, with waivers, and underlying Zoning District Change from Rural to R1-9.5 on 92.7 acres and from Rural to R1-13.5 on 53.6 acres; Approval of Developer's Agreement for Fairfield Phases 2 - 6; and Adoption of Resolution No. 89-196, Authorizing Summary of Ordinance 059-88-PUD-18-88 and Ordering Publication of Said Summary. 148.2 acres into 299 single family lots, 28 outlots and road right-of-way. Location: West of County Road #4, south of Scenic Heights Road, east of Chicago and Northwestern Railroad. (Ordinance No. 59-88-PUD-15-88 - PUP District and Rezoning; Resolution No. 89-196 - Authorizing Summary and Publication) (RSIOVED FRPM_TUK CONUNTS.AL.WAR) City Council Minutes September 5, 1989 MOTION: Harris moved, seconded by Pidcock to approve th e C o n s e n t Calendar as published with the deletion of Item J . ITEki c Harris recommended that the language In the cov e r m e m o from Staff be incorporated into a cover letter t h a t w i l l accompany the information. ITEt_E Harris asked if there were any firm tenant com m i t m e n t s f o r the Eden Prairie Center 6th Addition. Jullie . n o t e d t h a t this would be for the perimeter parcels. Enge r r e p l i e d that McDonalds had expressed interest in havi n g a f r e e - standing facility. Motion to approve the Consent Calendar carried unanimously. Iv. PUBLIC 5FARINGS A. EDEN PRAIRIE RETAIL D.EVELOPMENT (FESTIVAL CENTRE) by curt Johnson Properties. Request for Planned Unit D e v e l o p m e n t Concept Amendment and Planned Unit Development D i s t r i c t Review on 16.2 acres with waivers, Zoning Distr i c t Amendment within the C-Reg-Ser Zoning District o n 1 6 . 2 acres and Site Plan Review on 16.2 acres for d e v e l o p m e n t of a 153,756 square foot commercial, retail an d entertainment complex. Location: East of Plaz a D r i v e a n d south of Valley View Road. (Resolution No. 89- 1 9 4 - P U D Concept Amendment to Overall Factory Outlet Cen t r e P U D ; Ordinance No. 31-89-PUD-7-89 - PUD District Re v i e w a n d Zoning District Amendment within C-Reg-Ser Dist r i c t ) Jullie reported that notice of the public heari n g h a d b e e n published in the August 23, 1989 issue of the E d e n P r a i r i e News and mailed to 14 property owners within t h e p r o j e c t vicinity. Ron Krank, representing the proponent, presen t e d t h e places for the renovation of the facility know n a s t h e Factory Outlet Centre. The proponent believed t h a t t h e property would be an excellent location for a r e t a i l development If handled properly. The difficu l t i e s w h i c h the proponent would need to overcome would be t h e unattractiveness of the present building, the l a c k o f identification, and the redevelopment of the p a r k i n g orientation to better serve the facility. The f l a t r o o f concept would be eliminated, character given t o t h e building, effective signage would be added, a n d t h e entrance would be clearly identified. The vi e w f r o m t h e 6Q2S-2 City Council Minutes 4 September 5, 1989 north was limited and the primary access would be at Plaza Drive and, therefore, the attention would be focused to Highway 494 and Plaza Drive. Krank described architectural features designed to make the building more inviting and more easily entered. The restaurants would be able to have outdoor dining areas if desired. An eight-screen movie theater was also proposed. The signage would consist of 3 foot letters in a 4 foot band on the east and south sides of the building, with only minimal signage on the north and west sides of the facility. Enger reported that this item had been reviewed at the August 14 and 28, 1989 Planning Commission meeting with action taken at the August 28, 1989 meeting recommending approval of the proposed plan with a 4-0 vote based on the Staff recommendations outlined in the August 11, 1989 Staff Report. Enger added that the prior Factory Outlet Centre had a restrictive sign covenant based on the Centre's request for a 52-foot-high pylon. The proponent wished to be allowed to transfer signage areas from the north and west of the building to allow more concentrated signage on the south and east sides of the building to increase visibility of the facility. Enger recommended that if the City Council agreed to this trade-off, the existing restrictive covenant should be altered to take Into account the newly intended purpose. Staff had supported the reduction in the parking requirement based on the overlapping times of two proposed uses indicated by the proponent at this time. Enger added that if the proposed tenants changed the parking requirements would not necessarily work as proposed and would require additional review by the City Council and Planning Commission. The Parks, Recreation & Natural Resources Commission did not review this proposal. Harris asked for clarification on the wording in the Staff recommendations referring to the removal of all signs from the metal colonnade. Enger replied that originally the proponent had planned a marquee to advertise the movie theaters and a sign saying "Festival Centre", which the Staff had recommended be removed and that no signage be over the 20-foot level. Peterson asked the proponent if he had not indicated that signage would be on the west and north sides of the building as well as the south and east sides. Mark Rooney replied that because of the elevations of the building on the north and west sides the signage would be for directional purposes only, with the majority of the signage located on the south and east sides which would be clearly visible. Enger stated that signage packages for shopping centers were difficult. The proponents had good intentions to City Council Minutes 5 September 5, 1989 uphold to the original agreement and be within the code, but the tenants' needs were not always anticipated. The Staff's goal had always been to have the signs be consistent. The proponent was requesting a waiver of transference of usage from the north and west to the south and east sides of the building and this was the purpose of the restrictive covenant. anger added that the City should discourage the proponent from coming back with requests for sign changes. Enger stated that the proponent should be sure exactly where the signs would be placed, or that signage be approved according to City Code and waivers not be granted because of the unknown factors. Rooney stated that he appreciated the City's concern with the project being at an entrance to the City. .Rooney said that the proponent would be willing to stand on the original request for the signage transfer. He added that in the past the proponent had always been able to negotiate an agreement successfully with the Staff for the minor changes which occurred in any project where various tenants are involved. Rooney believed that because of the singular access from Highway 494, identification and signage would be vital to the success of the project. The plan Was to have the tenants occupy no less than 4,000 square feet. Rooney pointed out that some of the tenants would not have an outside entrance due to the design of the present structure, thus making the signage even more important. Peterson asked if the proponent could assure the Council that continuity would be present in the signage package. Rooney replied that the signage would be the same quality or higher than that of the Prairie View Center. Rooney added that the proponent wanted that center to be attractive, that national tenants would dictate the color scheme, and that the signs would be individually-lit letters with the height restriction being within City Code. Pidcock asked if the space for the drop-off area was adequate, how many cars could drop people off at one time, and if this feature would create a traffic problems. Krank replied there would be a stacking distance for 10 cars. Pidcock then asked what the landscaping plan would be. Rooney replied the property would be irrigated and the landscaping equivalent to that of the Prairie View Center. The dead vegetation would be removed and replaced and come new landscaping added. Anderson was pleased that an irrigation system was being considered. Peterson asked if the only two firm tenants at this time were the movie theater and the Chuck-E-Cheese restaurant. Rooney replied a letter of intent had been received from Chuck-E-Cheese and that negotiations were progressing with Ag Szt City Council Minutes 6 September 5, 1989 other restaurants as well. He added that other types of businesses being considered were a national soft goods store, daycare, auto supply, and an office supply store. Harris commented that she was pleased to see the interest In the prior Factory Outlet Centre. Pidcock commented that she wished the proponents success and believed that it would be a significant improvement to what was currently there. There were no further comments from the audience. MOTION: Harris moved, seconded by Pidcock to close the Public Hearing and adopt Resolution No. 89-124 approving the Festival Centre PUD Concept Amendment to the overall Factory Outlet Centre PUD. Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock to approve 1st Reading of Ordinance No. 31-89-PUD-7-89 for PUD District Review and Zoning District Amendment within the C-Regional- Service District; and to direct Staff to prepare an Addendum to the existing Developer's Agreement incorporating Commission and Staff recommendations. Anderson asked if specific recommendations were going to be made regarding signage. Peterson replied that the proponent had stated that they would proceed as planned. Anderson then asked the proponent if it would he possible to provide an area in this facility for the young people of the community between the ages of 17 and 20. Anderson believed that there was a need in the community for a place for young people to socialize. Rooney replied that it was a good idea and that two prospective tenants had approached the proponent; however, they did not have the experience or the credit to proceed at this time. Rooney added that this did not prohibit the possibility of this occurring during a second round of tenant applications. Motion carried unanimously. B. gABDINAL CREEK 3RD_ADDITIPN by GAC Partners. Request for a Zoning District Change from R1-13.5 to RM6.5 on 1.21 acres for development of three twinhome lots. Location: 6855-59, 6871-75, 6887-91 Stonewood Court. (Ordinance No. 32-89 - Rezoning) Jullie reported that notice for the public hearing had been published in the August 23, 1989 and mailed out to 24 surrounding property owners. a .) City Council Minutes 7 September 5, 1989 Gustafson stated that the market was not favorable for single-family homes at this time and he was requesting that 3 lots be rezoned hack to twinhomes. Enger reported that this item was reviewed at the August 14, 1989 Planning Commission meeting and recommended approval of the rezoning request unanimously based on the Staff recommendations as outlined in the Staff Report dated August 11, 1989. Peterson was concerned about statements made by the proponent at the prior public hearing requesting single- family zoning where the proponent had indicated that if, because of the economic climate, he were forced to build twinhomes they might be of less-than-desirable buildings. Peterson noted that the proponent had also had neighborhood support at that time for single-family homes. Peterson stated that he needed some type of assurance that an inexpensive product would not be built Just to be able to move the lots. Gustafson replied that the lots were selling at $65,000 each and because of taxes, etc., he wanted to have owner-occupied twinhomes instead of rental units. Gustafson stated that he was not planning on building rental units. He added that he currently owned nine of the lots on the street. Pidcock asked what the price range of the homes would be and would the homes he of the same caliber as the existing homes. Gustafson replied that he did not have a price range in mind at this time; however, the homes would have to be compatible with what was already there. Harris was concerned that twinhomes could be sold and added that the Council had believed that the single-family home market was the best at the time. Gustafson believed that it would be more compatible to develop as twinhomes. Gustafson stated that some of the homes in the existing neighborhood are in the $250,000 to $300,000 range. He added that these lots were on the freeway side and thus the least desirable lots. Gustafson stated that he planned to build walkouts with an approximate value of $150,000. Pidcock stated that the Council was looking for assurances of consistency in the neighborhood. Gustafson replied that he had been able to sell five units in this neighborhood since the last time he had been before the Council and believed that these units could also be sold and owner-occupied. Gustafson stated that he would not be opposed to having City Council approval of the house plans required. There were no further comments from the audience. g.2S(1 City Council Minutes 8 September 5, 1989 MDT ION: Harris moved, .-Pconded by Pidcock to close the public hearing and approve 1st Reading of Ordinance No. 32-89 for Rezoning. Peterson asked Roger if there would be any way possible to flag these properties to assure the quality. Enger replied that the proponent could be requested to submit a minimum square footage per unit. Peterson recommended that the proponent discuss this plan with Staff prior to second reading. Gustafson recommended a condition stating that no new unit would be built which was smaller than an existing unit and that a double garage he required. Motion carried unanimously. MITTION: Harris moved, seconded by Pidcock to direct Staff to prepare an Addendum to the original Developer's Agreement incorporating Commission and Staff recommendations and the following Council Condition that no new unit would be constructed that had any less square footage than the existing units and that a two car garage was required. Motion carried unanimously. C. TO Z RENTAL AND_EpEN_ETAIRIF ABILIAKE by Rome Development. Request for Zoning District Amendment within the C-Reg-Ser Zoning District on 1.67 acres with variance, Site Plan Review on 1.67 acres with variances, Site Plan Review on 1.67 acres for construction of a 21,014 square foot commercial facility. Location: South of Valley View Road, west of Plaza Drive. (Ordinance No. 33-89 - Zoning District Amendment within C-Reg-Ser District) Jullie reported that notice of the public hearing had been published in the August 23, 1989 issue of the Eden Prairie News and mailed out to 8 surrounding property owners. Mark Johnson, representing the proponent, presented the plans for Phases II and III of the original three phase development approved for A to Z Rental. At the time the original plan was approved tenants for Phases II and III were not known. Eden Prairie Appliance will be the tenant for Phase TI and Phase III will be a two-story office building. Johnson noted that only minor changes had been made to thP original plan. Enger reported that this item was reviewed by the Planning Commission at the August 14, 1989 meeting and had recommended approval of the project on a 4 -2 vote based on the recommendations outlined in the August 11, 1989 Staff Report. The Planning Commission had added a City Council Minutes September 5, 1989 recommendation in its motion to request that the proponent lower the elevation of the parking area by 2 feet if possible to provide additional screening of the truck area. Enger noted that the Parks, Recreation & Natural Resources Commission did not review this project. Peterson asked if irrigation of the landscaping had been discussed. Johnson replied that it had not been considered. Anderson stated that he believed an irrigation systems was important, especially when a project had just been approved earlier tonight across the street from this project which would have an irrigation system. Anderson commented that it was very evident throughout the City which facilities did or did not have Irrigation systems. Peterson then asked the proponent if they had any objection to installing an irrigation system. Jim Wey replied that during Phase I the tubing had been run to provide an irrigation system, but had never been connected. He believed that the connection would be possible now. Roman Roos, representing the proponent, stated that would the lower elevation of the parking area would be difficult to accomplish because of existing gas and water lines and, therefore, proposed to provide additional landscaping along the southern portion of the project for the necessary screening effect. There were no further comments from the audience. MOTION: Pidcock moved, seconded by Anderson to close the public hearing and approve 1st Reading of Ordinance No. 33-89 for approval of Zoning District Amendment within the C- Regional-Service District. Motion carried unanimously. 11QTTOY: Pidcock moved, seconded by Anderson to direct Staff to prepare an Amendment to the prior Developer's Agreement incorporating Commission and Staff recommendations and the Council Conditions that an irrigation system and suitable landscaping and berming be negotiated prior to 2nd Reading. Motion carried unanimously. D. VACATION 89-11VACATION OF DRAINAGE AND...UTILITY EASEMENTS WITHIN A PORTION OF DONNAy'S ROUND LAKE ESTATE§ 2ND ADDITION (Resolution No. 89-191) Jullie reported that the notice for the public hearing had been published in the August 30, 1989 issue of the Eden Prairie News and notices mailed to affected property owners. Jullie added that the request was for vacation of 013 City Council Minutes 10 September 5, 1989 certain drainage and utility easements within a port i o n o f Donnay's Round Lake Estates 2nd Addition which were n o longer deemed necessary. There were no comments from the audience. MOTION: Anderson moved, seconded by Harris to close the publi c hearing and adopt Resolution No. 89-191 Vacating Drai n a g e and Utility Easements in Donnay's Round Lake 2nd Ad d i t i o n . Motion carried unanimously. E. VACATION 89-12, VACATION OF TEMPORARY_EASEMENIF T R FMEROENCY ACCESS PURPOSES WITHIN LOT 1, BLOCK A, CEDAR RITKIR_UTATEs_ (Reolution No. 89-192) Jullie reported that notice of the public hearing h a d b e e n published in the August 30, 1989 issue of the Eden P r a i r i e News and mailed to the affected property owners. Ju l l i e added that the request was for vacation of a tempor a r y easement for emergency access purposes within Cedar R i d g e Estates. There were no comments from the audience. MOTION : Anderson moved, seconded by Pidcock to close the pub l i c hearing and adopt Resolution No. 89-192 vacating a temporary Easement within Lot 3, Block 4, Cedar Ridg e Estates. Motion carried unanimously. V. PAVIENT_QP:_gtALMs NOTION: Pidcock moved, seconded by Anderson to approve the P a y m e n t o f Claims No. 53302 through No. 53995. Harris questioned Claim No. 53368 for a driving instr u c t o r f o r mature drivers. Jullie replied that he would need to g e t m o r e information. Peterson commented that there were insu r a n c e companies which would give reductions in rates for th e m a t u r e drivers which had taken a driving course. Pidcock asked who had attended the conference plastic recycling. Jullie replied that Councilmember Anderso n h a d attended. Anderson stated that he had found the se s s i o n s v e r y Informative and he now had a much better understandin g o f t h e many Issues related to plastic recycling. He added t h a t t h e r e representatives there from the state and local leve l s a s w e l l as representatives from the plastics industry. aaN City Council Minutes 11 September 5, 1989 Harris questioned why there were so many softball refunds. Jullie replied that teams are required to make a $100 deposit at the beginning of the season and if all the rules are adhered to throughout the season then the money is refunded. ROLL CALL VOTE: Anderson, Harris, Pidcock, and Peterson all voting "AYE". Motion carried. gEMNWES RF.5.01.UTIoN5 A. 1.5± Read ing ot 0.rdinADC± _NS?, 0.2.7:2.3.,..Alleacillleilt...tg...fitY_S22..fie. chakter 1.,..5eCtion 9.40, Relating to the Discharge of Firearms City Attorney Pauly presented the Council with a revised version of the Ordinance with the addition of the section which set the parameters for the shotgun slug firing area. Pauly noted that the committee had recommended that the Darrell Peterson property be included in the designated hunting area; however, this was not included in the revised version. Pauly stated that the regular shotgun discharge area had been extended from the original Ordinance. Anderson asked Pauly if the area for shotgun slugs had been extended north of Riverview Road and Highway 169. Pauly replied that it had not been extended, the area extended was the regular shotgun area which had been extended to County Road #1. Anderson then asked Jullie if Riverview Road was considered a public road. Jullie replied there was public right-of-way; however, the road was barricaded. Anderson stated that It a resident or hunter were walking on Riverview Road they would not be trespassing. Jullie concurred. Anderson then asked about the status of Indian Road. Jullie replied that this also was a public right-of-way. Anderson believed that a shotgun with slugs should be considered a dangerous weapon and was concerned about the amount of traffic now on Riverview Road and Indian Trail. These roads had become popular for hiking and for mountain bikes and Anderson was concerned for user safety. Anderson added that the subject of hunting areas and possible added restrictions came up every year. Anderson believed that the Council should begin making plans now to drop all hunting from the western boundary of the City and only allow hunting in the river bottoms. Harris supported Councilmember Anderson's concerns. Harris added that she would also he uncomfortable going beyond this year without having further hunting restrictions. Peterson questioned if a complete ban on hunting would not have a negative affect on wildlife management. Anderson g260 City Council Minutes 12 September 5, 1989 stated that the DNR would give special permits if crops were being damaged. Peterson then asked who was responsible for the posting of the property and who paid for the posting. Pauly replied that both areas were the responsibility of the landowner. Anderson recalled a City Council meeting approximately three years ago when residents were before the Council complaining about hunters coming on their property with loaded guns without permission to chase a wounded deer. Anderson was concerned because he as a Councilmember had had no participation in crafting the Ordinance and the members on the committee were primarily of hunters. MOTIO: Anderson moved, seconded by Harris to continue this item to the September 19, 1989 City Council meeting to allow further review and consideration. Pidcock asked when the hunting season started. Mike Farr replied that the waterfowl season would begin October 7, 1989 and the Metro Goose season had already started. Peterson reminded the Council that the ordinance would require a 2nd Reading. Jullie believed that the revised Ordinance took another step toward the goals of the City. He added that the area north of County Road 1 had been closed to hunting. Anderson stated that the intent last year that this item be reviewed was that hunting within the City be banned completely with the exception of the river bottoms only. Peterson believed that the revisions presented tonight were minor and the Council had had the opportunity to study the previous draft. He added that the intent and purpose of the Council had been to restrict the hunting areas, which had been accomplished and, therefore, he would not support the motion to continue. Anderson stated that he had talked with police Staff today and they had indicated that they were comfortable with the ordinance as written. Anderson added that he would have liked to have had a police officer present to address the issues and without that discussion he was not comfortable passing the ordinance. Jullie stated that police Staff had been concerned about the shotgun slug area, which had not been defined previously. Jullie believed that the revisions would be satisfactory for public safety purposes. n6)1 City Council Minutee 13 3 ,iTtember 5, 1989 Harris believed that there were two issues to be resolved: 1) to look realistically at the ordinance which is more restrictive, and 2) if the ordinance is one which the City can live with. Harris then asked Anderson if with the clarification on the shotgun slug area if he was more comfortable with the ordinance. Peterson stated that he believed that an acceptable compromise would be to approve the 1st Reading of the Ordinance and have the 2nd Reading not appear on the Consent Calendar, but rather be in the form of another public hearing and have police Staff and residents be able to provide additional comment at that time. Anderson stated that he would prefer to take care of the hunting situation once and for all. Harris stated that there were no non-hunting residents on the committee and she would like to have more public participation by the non-hunters. Anderson stated that he was not comfortable with the ordinance and would not be until he had police department approval. Anderson stated that the previous ordinance was unenforceable and believed this ordinance to be the same. Motion to continue this item failed 1-3. Harris, Pidcock and Peterson all voting "NO". MOTION: Harris moved, seconded by Pidcock to approve the 1st Reading of Ordinance No. 89-27 with the understanding that the 2nd Reading would not appear on the Consent Calendar and that public comment would be received at the 2nd Reading. Motion carried 3-1. Anderson voted "NO". Anderson stated that the reason for his "NO" vote was that he could not accept the procedure followed at this time. He wanted a report from the police Staff. Anderson stated that he had asked in July 1988 that this issue be resolved prior to the hunting season this year and was disappointed that he had not been given the information he had requested. Pidcock concurred with Councilmemher Anderson that it was unfair that he and the Council be put in this position without police Staff analysis. Harris asked if the ordinance covered air rifles. Pauly replied that air rifles were covered. City Council Minutes 14 September 5, 1989 VII. PETITIONS, REQUESTS s COMMUNICATIONS A. EDEN PRAIRIE ED1ERU_HOU by Marcus Corporation. Appeal from Decision of Board of Appeals Regarding Variance Request for Lot Size, Lot Depth, and Lot Width within Community Commercial District. Location: South of Terrey Pine Drive, west of County Road 114. Jullie reported that the Board of Appeals had denied the variance request and the proponent was before the Council tonight to appeal that decision. Pidcock noted that the decision of the Board of Appeals could have been different If a full board had been present. Peterson stated that unless the Council wished to reopen the issue of appropriate land use the discussion would be limited to the variance request. Pidcock believed that the Council had heard the Information necessary regarding the land use and that only the variance request should be considered. Marc Senn, representing the proponent, stated that the Board of Appeals decision had been based on Its belief that a hardship case did not exist and that this variance would be a precedent-setting issue. Senn believed that because of the development existing all around this parcel that A hardship did exist. He added that it had been on Staff's recommendation that the proponent proceed with a Community Commercial designation for the parcel. Senn stated that he did not believe the land use would overtax the property and could provide the Council with an extensive list of existing funeral homes throughout the Twin Cities which were located on less than one acre of land. Senn added that all of the parking requirements had been met and that he had the plans available if the Council would like to see them again. Peterson asked what mailing list was used to inform the public of the Board of Appeals hearing and this appeal. Enger replied that same list that was used to notify residents of the public hearing. Peterson requested that if anyone in the audience had new information regarding setbacks nr landscaping they could address the Council. Bill Myers, representing Elim Shores, asked if the Council would permit pictures to be submitted to show that more than just the third floor of the complex would be affected by the view of this project. Peterson asked if the screening issues had been discussed further. Senn replied City Council Minutes 15 September 5, 1989 that 6 additional pine trees would be added. Peterson believed that the screening issue had been resolved satisfactorily. Pidcock stated that this was a difficult decision for the Council to make. She added that Elim Shores had been given significant assistance by the Council to get its project off to a good start and was disappointed about the amount of pressure being placed on the Council to change Its decision. Pldcock believed that the land use was appropriate and said she would stand by the original decision. Pidcock moved, seconded by Peterson to reverse the decision of the Board of Appeals and grant Variance Request No. 89-42. Peterson believed that the Board of Appeals decision was not inappropriate; however, this was an in-fill project and it was also appropriate for the City Council to see this project as a unique situation. Pauly recommended that the Council articulate the reasons for the appropriateness of the reversal. Peterson stated that the reasons were: 1) hardship case appropriate because of the uniqueness of the property, 2) the project would not alter the character of the neighborhood, 3) this project was an in-fill project which would be difficult to develop as noted in the Staff Report, and 4) the Community Commercial designation was an appropriate designation based on the Staff Report. Harris concurred with Councilmember Pidcock that this had been a difficult decision; however, she believed that extenuating circumstances did warrant the approval of the project. Harris requested that the landscaping be as Intense and as extensive as possible and be to Staff's satisfaction. Anderson stated that he would abstain from the vote because he was not in attendance at the meeting where the majority of these issues were discussed. Motion carried 3-0-1. Anderson abstained. B. BpADLpy_IMIER. Appeal from Decision of Board of Appeals Regarding Variance Request for Rear Yard Setback within RI 13.5 District. Location: 16534 South Manor Road. Brad Kuyppr stated that the back of his house was 31 feet from the back of the lot line. No neighbors had objected c,c4 City Council Minutes 16 September 5, 1989 to his proposal to construct a 20-foot deck off the back side of the home and had in fact signed letters to that affect. Kuyper did not believe that any of the members of the Board of Appeals had COMP out to his property to see how it would affect the neighbors. Peterson asked Kuyper what the distance was between his home and the home behind him. Kuyper believed the distance to be approximately 90 feet. Kuyper added that the adjacent neighbors home sat back further than what his proposed deck would be. Enger presented drawings of the neighborhood layout for the Council to be able to visualize the project. Enger pointed out that the houses staggered and believed that distance between the Kuyper home and the home immediately behind his to be approximately 60 feet. Peterson asked Enger what the rationale was for the rear lot line setbacks. Enger replied that the Board of Appeals had granted a partial variance for a 14-foot deck. Peterson asked if the properties to the north could build to within 20 feet of their lot lines. Peterson also noted that the issue was not just a deck and the proponent had Indicated in the request that eventually the deck would be made into a three-season porch. Anderson stated that the residents should know the limits of the use of their property prior to purchasing it. Anderson added that this request was going beyond the rules and regulations set forth by the City. Peterson believed that the Board of Appeals had offered a reasonable compromise. Kuyper stated that he had not checked into the limits when he had purchased the property. Kuyper believed that the sideyard and rearyard setbacks were morn restrictive than other communities. He added that many individuals lifestyles were different and he and his family planned on spending a lot of time on the deck and believed that only a 14-foot deck would be too restrictive. Anderson asked how much distance Kuyper had on the side of his home. Kuyper replied that a neighbor had built a gazebo on the side of his home and, therefore, he would not have enough room on the side of his home. Peterson stated that the City had regulations to protect both the homeowner and the neighbors and that the City had good reasons for the setback requirements. Kuyper stated that it was very frustrating when he had tried to follow all the rules and apply for the permit, City Council Minutes 17 September 5, 1989 when there were many residents doing the same things without getting permits. Kuyper added that it had been 17 weeks since he had applied for the permit. Pidcock stated that there were penalties for those who built without permits and in fact the City had forced residents to take down structures which they had built without a permit. Pidcock believed that the Board of Appeals had offered a reasonable compromise. MOTION: Pidcock moved, seconded by Harris to uphold the Board of Appeals decision. Peterson stated that he appreciated Kuyper's frustration; however, it was the Council's Job to protect the rights of everyone Motion carried unanimously. Dwight Harvey, Board of Appeals member, stated that he had visited the site. C. T“i f_f 1 /LOY- tial4t1.51.__b_!4 g_..1)0.0 n Peterson stated that residents were concerned about the amount and the speed of the traffic on Village Wood Drive and requested that Staff review this issue. MDTIa: Harris moved, seconded by Pidcock to direct Staff to conduct a study on the traffic and speed on Village Woods Drive. Anderson asked how long it would be before Mitchell Road would be reopened. City Engineer Alan Gray, replied that technically residents could drive on Mitchell Road now. The underground utility work had been completed and the signs would be removed within the week. Peterson asked Gray if he believed that the closing of Mitchell Road had a significant Impact on the traffic for Village Woods Drive. Gray replied that he believed the traffic was all neighborhood traffic and had not been affected by the closing of Mitchell Road. Motion carried unanimously. VIII. REPORTS OF ADVifORY SaIMUSTONS IX. APPOINTMENTS dc26,) City Council Minutes 18 September 5, 1989 X. REPORTS OF BOARDS & COMMJ_SSJONS A. Eep_orts of cs).mrsil Meml?ers 1. DiLe.ftUnal Pidcock stated that there was no consistency for the directional signs in the major center area. There were no signs which gave visitors any indication on how to get to the major highway systems. Pidcock believed that it would be a plus for Eden Prairie to have these types of signs posted for county and state roads. Harris asked if it would also be possible to have the house numbers indicated on the street signs, (ex: 200 to 900). Gray replied that the cost to the City would increase because the signs would need to be increased in size to accommodate the additional lettering. Gray added that he would address the directional sign issue with MnDOT. 2. Employee Recognition invitai ions Pidcock stated her disappointment in the invitation to employee recognition events be extended only from the City Manager and the Mayor and not include the remainder of the Councilmembers. B RePOIr Qf_CitY M.anAatr 1. pe.schLzi:tul_parit. commission meet tag_fronj__$_tattlikitt...Z.6 • 1_981. to Noyember 14, 1989 MOTION: Pidcock moved, seconded by Harris to reschedule the meeting date from September 26, 1989 to November 14, 1989 for the Joint City Council/Historical & Cultural Commission meeting. Motion carried unanimously. 2. R.;*_170...0_191..atSIty c2maci1LPALKA,_...B.gsxeAttosLA lnItur.al_RfAources Commission meeting from_aptember 12, 1989 to September 21989 moTtoti: Harris moved, seconded by Pidcock to reschedule the Joint City Council/Parks, Recreations & Natural Resources Commission meeting from September 12, 1989 to September 26, 1989. Motion carried unanimously. 3. Set Speciaj City cpuncil Date for Tue_pday, (letober 24 1989 to Review Lawful Gambling Comilist_ge2epprt and to City Council Minutee, 19 September c,1 989 Djscus_CApital_Lmarovements Proiects WITTON: Harris moved, seconded by Anderson to set a Special City Council meeting for Tuesday, October 24, 1989 to review the Lawful Gambling Committee Report and to discuss Capital Improvements Projects. Motion carried unanimously. 4. Rgnuial Jullie reported that the lease for the existing space would expire in February. The revised lease agreement would he $8.50 per square foot of office space. Jullie stated that he had contacted several leasing agents and had determined this to be a fair market price. Jullie added that another option for Council consideration would be to move to a lower cost facility, but cautioned that the quality would also be lower. Jullie recommended consideration of the current proposal. Peterson asked if there were any penalties. Jullie replied that if the City left the facility after two years there would be a $22,000 penalty. Jullie added that there could be a possibility of a lower rate If the City would lease for a longer term. Pidcock asked what would be the projected savings if the offices were moved to a lower cost facility. Jullie replied that the saving estimated could be approximately $130,000; however, the Council also needed to consider the moving costs of approximately $60,000. Peterson stated that he would not encourage a move at this time. Peterson asked when a decision needed to be made. Jullie replied the deadline was 7 days from tonight. Linda Winer, representing the leasing company, stated that the building owner appreciated the City as a tenant; however, the landlord was also entitled to an increase in rent because of the inflation rates. Winer believed that $8.50 was a fair rate. The going rate was over $9.00 per square foot and believed that the discount being offered the City for the amount of space rented was a fair one. Pidcock stated that the City was a good tenant and that should also be worth something to the landlord. Peterson recommended sending this back to Mr. Sinell for further negotiation. Peterson believed that if the City were to guarantee three more years there should not be an escalation in the rate. Sinell replied that the decision needed to be made within 7 days if the City intended to City Council Minutes 20 September 5, 1989 renew the lease or not. Pauly noted that the City was to have received an estimate 30 days before a decision was to be made and this did not take place. Winer replied that this was an oversight; however, City Staff had indicated that the 30 days was not necessary. Pauly added that the provision in the lease agreement which stated that 30 days in advance of the six month expiration date the City was to be notified of the market rate was built into the contract to allow the City ample time to consider its options. Pauly asked if the time could be extended to the September 19, 1989 City Council meeting. Winer agreed to an extension to the September 19, 1989 City Council meeting. Sinell asked if the Council did not want an early-out provision. Winer asked if it would be acceptable to hold the rate at $8.50 per square foot for the three year term. Peterson replied that the negotiations were up to Mr. Sinell. C. Report of City Attorney E. Fttvut_PLarertor E. akrImtpx_IQl_13xkft,_Yec_oi4.tisn F. Report of Director_of_puhlic Works G. Reporl_of Finance Director xi.NEY_BWIttEal. Peterson asked if the City Council would like to conduct interview to fill Doug Fell's position on the Planning Commission. m9 TION: Pidcock moved, seconded by Harris to conduct the interview for the opening on the Planning Commission on Tuesday, September 19, 1989 at 6:00 PM. Motion carried unanimously. xII. WIPURRIETT MOTION: pidcook moved, seconded by Harris to adjourn the meeting at 10:49 PM. Motion carried unanimously. 70 641 c",c9 CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST September 19, 1989 CONTRACTOR (MULTI-FAMILY & COMM.) DeJager Construction Flannery Construction, Inc. Gladstone Construction, Inc. Hastings & Associates, Inc. Washtock Construction CONTRACTOR (I & 2 FAMILY) J. Nagengast Welch, Casey & Forsman, Inc. PLUMBING Hilgers Plumbing & Heating Company HEATING & VENTILATING One Way Building Service, Inc. Willette Refrigeration Heating & Air GAS FITTER One Way Building Service, Inc. Parsons Hardware Plumbing & Heating GAMBLING (CLASS A) all types of gambling Acrogymnastics Sports Education Assoc. Bingo & Pull-tabs at the Eden Prairie Legion These licenses have been approved by the dapartment heads responsible for the licensed activity. Pat Solie, Licensing A RIO LaMettry Center CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 26-89 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 C-Reg-Ser 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 C-Reg-Ser District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph 8, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of September 19. 1989, entered into between Richard A. and Joanne M. LaMettry, husband and wife, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1st day of August, 1989, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 19th day of September, 1989. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of 2211 EXHIBIT A Legal Description Outlets B and C, MENARD 4TH ADDITION, Hennep i n C o u n t y , M i n n e s o t a . 2 2-1 LaMettry Center DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into a s o f , 1989, by Richard A. and Joanne M. LaMettry, husban d a n d w i f e , h e r e i n a f t e r j o i n t l y r e f e r r e d t o as "Developer," and the CITY OF EDEN PRA I R I E , a m u n i c i p a l c o r p o r a t i o n , h e r e i n a f t e r referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City fo r Z o n i n g D i s t r i c t C h a n g e f r o m R u r a l to C-Reg-Ser on 1.88 acres, and prelimi n a r y p l a t o f 1 . 8 8 a c r e s i n t o o n e l o t f o r construction of a 32,508 sq. ft. automobi l e s e r v i c e f a c i l i t y , s i t u a t e d i n H e n n e p i n County, State of Minnesota, more fully de s c r i b e d i n E x h i b i t A , a t t a c h e d h e r e t o a n d made a part hereof, and said acreage herei n a f t e r r e f e r r e d t o a s " t h e p r o p e r t y ; " NOW, THEREFORE, in consideration of the C i t y a d o p t i n g O r d i n a n c e # 2 6 - 8 9 , Developer covenants and agrees to construc t i o n u p o n , d e v e l o p m e n t , a n d m a i n t e n a n c e o f said property as follows: 1. Developer shall develop the property i n c o n f o r m a n c e w i t h t h e materials revised and dated July 25, 1989 , r e v i e w e d a n d a p p r o v e d b y the City Council on August 1, 1989, and a t t a c h e d h e r e t o a s E x h i b i t 8, subject to such changes and modifica t i o n s a s p r o v i d e d h e r e i n . Developer shall not develop, constru c t u p o n , o r m a i n t a i n t h e property in any other respect or manner th a n p r o v i d e d h e r e i n . 2. Developer covenants and agrees to the pe r f o r m a n c e a n d o b s e r v a n c e b y Developer at such times and in such mann e r a s p r o v i d e d t h e r e i n o f all of the terms, covenants, agreements, a n d c o n d i t i o n s s e t f o r t h i n Exhibit C, attached hereto and made a part h e r e o f . 3. Concurrent with submission of, and prior t o r e l e a s e b y t h e C i t y o f , the final plat for the property, Develop e r a g r e e s t o s u b m i t t o t h e City, and obtain the City's approval of, c r o s s - a c c e s s e a s e m e n t s f o r access to the Menard's parcel. Prior to issuance of any building permit o n t h e p r o p e r t y , D e v e l o p e r agrees to submit to the City proof of fi l i n g o f s a i d c r o s s a c c e s s easements with Hennepin County both on t h e p r o p e r t y a n d o n t h e Menard's parcel. 22-3/3 4. Prior to release by the City of the final plat for t h e p r o p e r t y , Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary s e w e r , w a t e r , irrigation systems, storm sewer, and erosion cont r o l f o r t h e property. Upon approval by the City Engineer, Developer shall c o n s t r u c t , o r cause to be constructed, those improvements listed ab o v e i n s a i d plans, as approved by the City Engineer, in accordance w i t h E x h i b i t C, attached hereto. 5. Developer shall notify the City and the Watershed Distr i c t 4 8 h o u r s prior to any grading, tree removal, or tree cutting on th e p r o p e r t y . 6. Prior to issuance by the City of any building p e r m i t o n t h e property, Developer agrees to submit to the Director o f P l a n n i n g , and to obtain the Director's approval of: A. An overall signage plan which indicates size, color, a n d lettering style of any sign to be located on the proper t y . Developer acknowledges that all signage in such plan s h a l l meet City Code requirements for the C-Reg-Ser zoning district. B. An overall lighting plan which indicates the loca t i o n , height, color, and type of lighting standard(s) t o b e Implemented on the property. C. Samples of exterior materials to be implemented o n t h e property, including the style, texture, color, and ty p e o f material(s) to be implemented. Upon approval by the Director of Planning, Develop e r a g r e e s t o implement, or cause to be implemented, those improve m e n t s l i s t e d above, as approved by the Director of Planning, in acc o r d a n c e w i t h the terms and conditions of Exhibit C, attached hereto. 7. Concurrent with extension of utilities to, and constr u c t i o n o f t h e structure on, the property, Developer agrees to constr u c t t h e f i v e - foot wide concrete sidewalk along the north and west s i d e s o f P l a z a Drive, as depicted in Exhibit D, attached hereto. Deve l o p e r f u r t h e r agrees to add a sidewalk connection between the si d e w a l k t o b e constructed along Plaza Drive and the structure at the n o r t h e r n - m o s t driveway entrance to the property, in the location as d e p i c t e d i n Exhibit D, attached hereto, and made a part hereof. 8. Developer has submitted to the City, and obtained City's a p p r o v a l o f a plan for screening of mechanical equipment on th e p r o p e r t y . Security to guarantee said screening shall be includ e d w i t h t h a t provided for the landscaping on the property, pe r C i t y C o d e requirements. If, after completion of construction of said mechanica l e q u i p m e n t screening, it is determined by City, in its sole disc r e t i o n , t h a t 22.") the proposed screening does not meet the intent of the City Cod e requirements to screen said equipment from public streets and differing, adjacent uses, then City shall notify Developer a n d Developer shall take corrective action to revise the mechanica l equipment screening to meet Code requirements. Develope r acknowledges that City will not release the security provided unti l any such corrective measures are satisfactorily completed b y Developer. 9. Developer and City acknowledge that the proof-of-parking space s proposed for the property, as depicted in Exhibit E, attached heret o and made a part hereof, are not required to be constructed at thi s time. However, said proof-of-parking spaces may be required to be constructed in the future, if it is determined by City, in its sol e discretion, that it is necessary. At such time as City, in its sole discretion, may determine that it Is necessary for all, or a portion of, said proof-of-parking spaces to be constructed in order to accommodate existing or future uses on the property, the following events shall occur: A. City shall notify Developer in writing of the need to construct all, or a portion of, said proof-of-parking spaces based on City's sole determination. B. Within six (6) months of receipt of written notice from City, Developer agrees to complete construction of all, or a portion of, said proof-of-parking spaces, as determined by City, as depicted in Exhibit E, attached hereto. 10. Developer acknowledges that there shall be no outside storage of a n y vehicles on the property. Developer agrees to limit all automobi l e storage to that area within the basement of the structure on t h e property. 11. In the event that the use within the structure changes from t h e automobile service facility to another use acceptable within the C - Reg-Ser Zoning District, Developer acknowledges that no use shall b e made of the basement level of the structure, other than storage. 2_2-1 S LaMettry Center CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-189 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 26-89 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 26-89 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of September, 1989; 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. 26-89, 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 non-pareil, or six-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. 26-89 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on September 19, 1989. Giry D. Peterson, May ATTEST: kein D. Frane, City Clerk 2.2q62 LaMettry Center CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 26-89 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 PROVEIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: §2212EX: This Ordinance allows rezoning of land located west of Plaza Drive, southeast of Menard's, from the Rural District to the C-Reg-Ser 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 O. 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.) LaMettry Center CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-190 A RESOLUTION GRANTING SITE PLAN APPROVAL FOR LAMETTRY CENTER FOR RICHARD AND JOANNE LAMETTRY WHEREAS, Richard and Joanne LaMettry have applied f o r s i t e p l a n r e v i e w o f LaMettry Center on 1.88 acres for construction o f a 3 2 , 6 9 8 s q . f t . a u t o s e r v i c e facility on property located west of Plaza Drive, s o u t h e a s t o f M e n a r d ' s , t o z o n e d C - Reg-Ser by Ordinance #26-89 adopted by the City Cou n c i l o n S e p t e m b e r 1 9 , 1 9 8 9 ; a n d , WHEREAS, the Planning Commission reviewed said a p p l i c a t i o n a t a p u b l i c hearing at its July 10, 1989, Planning Commission m e e t i n g a n d r e c o m m e n d e d a p p r o v a l of said site plan; and, WHEREAS, the City Council has reviewed said applic a t i o n a t a p u b l i c h e a r i n g at its August 1, 1989, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY C O U N C I L O F T H E C I T Y O F EDEN PRAIRIE, that site plan approval be granted t o R i c h a r d a n d J o a n n e L a M e t t r y f o r LaMettry Center for construction of a 32,698 sq. ft . a u t o s e r v i c e f a c i l i t y b u i l d i n g , based on plans dated July 25, 1989, subject to t h e t e r m s a n d c o n d i t i o n s o f t h a t certain Developer's Agreement between Richard and J o a n n e L a M e t t r y , h u s b a n d a n d w i f e , and the City of Eden Prairie, dated September 19, 19 8 9 , f o r s a i d L a M e t t r y C e n t e r . ADOPTED by the City Council on September 19, 1989. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 2 211 Z CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-200 A RESOLUTION APPROVING FINAL PLAT OF LAMETTRY ADDITION WHEREAS, the plat of LaMettry 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 LaMettry Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated September 14,1989. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on September 19, 1989. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 22'79 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 • ''?".4/ DATE: September 13, 1989 SUBJECT: LaMettry Addition PROPOSAL: The Developer, Richard A. LaMettry, has reques t e d C i t y C o u n c i l approval of the final plat of LaMettry Addition . L o c a t e d n o r t h a n d w e s t of Plaza Drive and south of Valley View Road, t h e p l a t c o n t a i n s 1 . 8 8 acres which combines Outlots 8 and C of Menards F o u r t h A d d i t i o n i n t o o n e lot for the construction of a proposed auto se r v i c e c e n t e r . HISTORY: The preliminary plat was approved by t h e C i t y C o u n c i l o n J u l y 2 4 , -----1989 per Resolution No. 89-171. Second Reading of Ordinance No. 26-89, changin g z o n i n g f r o m R u r a l t o C - Regional-Service, is scheduled for final appr o v a l a t t h e C i t y C o u n c i l meeting to be held September 19, 1989. The Developer's Agreement referred to within t h i s r e p o r t i s s c h e d u l e d for execution September 19, 1989. VARIANCES: All variance requests must be processed t h r o u g h t h e B o a r d o f Appeals. UTILITIES AND STREETS: All municipal utilities and walkways will be i n s t a l l e d throughout the plat in conformance with Ci t y S t a n d a r d s a n d the requirements of the Developer's Agreement. All roadways necessary to serve this property are currently in place. Prior to release of the final plat the Devel o p e r s h a l l s u b m i t t o t h e City a cross-access easement for access to the M e n a r d s p a r c e l . PARK DEDICATION: The requirements for park dedication are co v e r e d i n t h e Developer's Agreement. BONDING: Bonding must conform to City Code and the Deve l o p e r ' s A g r e e m e n t . RECOMMENDATION: Recommend approval of the final plat of LaM e t t r y A d d i t i o n subject to the requirements of this report, th e D e v e l o p e r ' s A g r e e m e n t and the following: 1. Receipt of engineering fee in the amount of $250 . 0 0 . 2. Receipt of street lighting fee in the amount of $ 5 9 4 . 0 0 . 3. Receipt of cross-access easement for access to t h e M e n a r d s p a r c e l . JJ:ssa cc: Richard A. LaMettry Ron Krueger & Associates Anal= TOTAL FEE $609,858.00 CCNSULT7OF AGREEMENT R7R ENGINEERING SERVICES OR FINAL MS= SER'V10ES Supplement No. 1 to Agreement between The City of Eden Prairie and Barton-Aschman Associates, Inc. S.P. 2701, S.P. 1002 TH 5 In Eden Prairie and Chanhassen 2.2 SUBJECf Parties to the Agreement planation and Justification Revision 1.0 - Services to be provided by the City Revision 2.0 - Time Schedule Revision 3.0 - Payment to the Consultant Statue of Original Agreement Approvals Signatures PAGE NO. This Supplemental Agreement made and entered into by and between the City of Eden Prairie, Minnesota, hereinafter referred to as the "City" and Barton- Asohman Associates, Inc. hereinafter referred to as the "Consultant." wnwesserx• WHEREAS the State of Minnesota Department of Transportation hereinafter referred to as the "State" and the City entered into Agreement No. 64918 for final design services, and WHEREAS the State and City has agreed that additional work is required to complete said services, and WHEREAS the State and City desires to continue the services of the Consultant to ea:Ddi:Sri this additional work. NOW THEREFORE, IT IS MUTUALLY AGREED AS MIMS: REVISION 1.0 - SERVICES TD BE PROVIDED BY THE CITY Section 2.0 of the original agreement between the City and the Consultant is hereby amended and modified to read as follows: 2.331 Complete the right-of-way preacquisition for 62 additional parcels. 2.511 Redesign required gemetrics including cross-sections in Eden Prairie and Chanhassen to accommodate various intersections. 22 2.512 Prepare a tree inventory coordination and p r e s e r v a t i o n t e c h n i q u e s as per the City of Eden Prairie tree transpl a n t p o l i c y . 2.5121 Incorporate tree transplants into the plan, e s t i m a t e a n d s p e c i a l provisions. 2.531 Prepare Signal Justification Report at Market B o u l e v a r d . 2.541 Design signal system at Market Boulevard and u n d e r g r o u n d c o n d u i t and cable work for signal at Heritage Road. 2.542 Design Temporary Bypass. 2.543 Design Trail Illumination at underpass and e x t e n d t r a i l s y s t e m i n Eden Prairie. 2.821 Eesign and incorporate into plan estimate and s p e c i a l p r o v i s i o n s a retaining wall for the NSP transmission tower. 2.822 Redesign Sanitary sewer from a force main t o a g r a v i t y s y s t e m , incorporate design into plan, estimate and sp e c i a l p r o v i s i o n s . Relative to the scope of services as l i s t e d A b o v e , a m o r e d e f i n e d description of said work is contained in the C o n s u l t a n t ' s F i n a n c i a l P r o p o s a l dated March 28, 1989. Said proposal is mad e a part hereof by reference with the same force and effect as though fully se t f o r t h h e r e i n . Z111-1 REVISION 2.0 - TIME SCHEDULE Section 5.0 of the original agreement is hereby amended and modified to read as follows: 5.21 The Consultant shall canplete all work and services required under the terms of this agreement by March 31, 1990. REVISION 3.0 -_PAYMENP TO THE crry Section 6.0 of the original agreement is hereby amended and modified to read as follows: 6.11 The City shall pay to the Consultant, from monies received from the State for the services performed under this agreement the lump sum amount of $355,463.00. In addition, the following entities shall pay the following amounts as compensation for the services performed by the Consultant: 1. Southwest Coalition 2. City of Chanhassen 3. City of Eden Prairie 4. City of Chaska 5. City of Waconia 6. County of Hennepin 7. County of Carver $75,000.00 $74,395.00 $50,000.00 $20,000.00 $15,000.00 $10,000.00 $10,000.00 The total compensation to be paid to the Consultant sh a l l b e $609,858.00. Not withstanding any term or coalition contai n e d i n this agreement to the contrary, the City shall have no obli g a t i o n to do anything or perform any act until and unless the Stat e a n d all of the other entities make the payments as required b y t h i s paragraph. In the event that either the State or any o f t h e entities fail to make the payments set forth above, the n t h e City's obligations under this agreement shall be rendered voi d a n d unenforceable. 6.21 If it appears at any time that the Consultant will exceed a total estimated payment of $609,858.00 the Consultant agrees n o t t o perform any services that would cause that amount to be exce e d e d unless the City's Consultant has been advised by the City t h a t additional funds have been encumbered, a supplemental agree m e n t has been issued and that work may proceed. It shall be t h e resPonsibirtv of the Co_ tent to originate all requests f o r additional encumbrances, compensations and for suppleme n t a l &memento. STAILIS OF 0 GINAL AGREEMENT Except as amended and modified herein, the terms and c o n d i t i o n s o f t h e original agreement shall remain in full force and effect. APPROVALS Before this supplemental agreement shall become binding a n d e f f e c t i v e i t shall be approved by resolution of the City Courcil of Eden P r a i r i e . a23(, IN WITNESS ICEREOF, the parties have use this contract to b e d u l y executed intending' to be bound thereby. CITY OF ECEN PRAIRIE BARION-ASH ASSOCIATES, INC. By Gary D. Peterson, Mayor TE DATE BY Carl Jullie, City Manager Dyq/igifif W i ATTEST ('' kTE ATTEST _eett-dit g/t; c- E_- . v Real Estate And Financial Services August 31, 1989 Eden Prairie City Council City of Eden Prairie 7600 Executive Drive Eden Prairie, Minnesota 55344-3677 Dear Council Members: This letter shall serve as our request for an extension of the approvals associated with the proposed development known as the Eighteen Park Business Center. As background, on August 5, 1986, the above mentioned development was approved by the City in the form of a Developer's Agreement. On September 15, 1986, the Board of Appeals and Adjustments approved a variance request regarding front yard parking setback and floor area ratio. On September 8, 1988, we received an extension of the above mentioned approvals. Since pertinent building ordinances have not changed since the original approval of our development, please consider our request to extend such approvals for an additional year. I look forward to your granting of this request. Sincerely, Anthony ffer, RpiLTOR Chairman CE Investme rvices Group, Inc. AEF:mgm 6974 Shady Oak Road, Eden Prairie,Minnesota55344,Telephone: (612)941-8533 22 37 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #89-202 RESOLUTION APPROVING THE PRELIMINARY PLAT OF NELSON ADDITION FOR DAVID NELSON BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Nelson Addition for David Nelson, dated September 15, 1989, consisting of 2.41 acres into six 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 19th day of September, 1989. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 2276) September 5, 1989 City Council Members City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344-3677 SUBJECT: Burnett, Nelson and Hustad Additions ATTENTION: Members of the City Council We are writing to express our concerns in relation to proposed developments along Bennett Place. There are many children in the neighborhood and our major concern is one of safety. We are not opposed to the developments, but we are concerned about the increased traffic it will cause on Bennett Place. We have continually been concerned about the speed of traffic on this road. Last year, we asked the City to install signs indicating "children at play" and the City refused Saying these can only be erected near playgrounds or schools. The City did, finally, put up 30 M.P.H. speed limit signs, but drivers continue to exceed this limit. The Police have indicated they will monitor the situation. The City Planning Commission heard much testimony about this problem at their August 28, 1989 meeting and they did recommend that the City review the problem. We understand that the proposed site for the new intersection with Bennett Place meets the visibility guidelines for a 30 M.P.H. speed limit. It is our opinion, however, that vehicles constantly exceed the posted speed limits on Bennett Place and that at these higher speeds longer visibility distances should be required. For safety concerns, we would encourage the City to post stop signs at the intersection of Bennett Place and the new road. A 3-way stop sign would slow the traffic on Bennett Place and make for a safer intersection. We understand that you will consider approving these plans for development at the September 19, 1989 City Council meeting. We would invite you to come and listen to our concerns at a neighborhood meeting on Monday, September le, 1989, 7:00 P.M., at 9947 Bennett Place, Eden Prairie. If you have any questions, please contact Jane Kelly at 944-7803. Thank you for your consideration of our concerns. Sincerely, Concerned Neighbors -qtigEt1 E [1) PLANNING DEPT AUG 22 l89 ary OF City of Eden PrafjgN RAMIE Planning Cgmmission 7600 Executilie Drive Eden Prairie&MN 55344-3677 Subject: Burnett Addition August 21, 1989 Patrick J. Finnegan 9925 Bennett Place Eden Prairie, MN 55347 Attention: Members of the City Planning Commission I am writing to express my concerns in relation to the proposed development known as Burnett Addition which you are scheduled to consider at your August 28, 1989 meeting. My wife and I have 3 young children (ages 4, 8, and 11) and live at 9925 Bennett Place which is directly across Bennett Place from the proposed development. Our major concern is for the safety of our children and the children in the neighborhood. We are not opposed to the development but we are concerned about the increased traffic it will cause on Bennett Place. We have continually been concerned about the speed of traffic on this road. Last year we called and asked the City to install signs indicating "children at play" and the City refused saying these can only be erected near playgrounds or schools. The City did finally put up 30 M.P.H. speed limit signs but drivers continuously exceed this limit. The Police have indicated they will monitor the situation. We understand that the proposed site for the new intersection with Bennett Place meets the visibility guidelines for a 30 M.P.H. speed limit. It is our opinion, however, that vehicles constantly exceed the posted speed limits on Bennett Place and that at these higher speeds longer visibility distances should be required. The proposed access road into the development will come directly at our driveway. I would encourage your consideration of moving this road north at least 25 feet. The road would then face the side of our neighbor's shed. This would also decrease the amount of headlights shining into our house as vehicles turn onto Bennett Place. For safety concerns we would encourage the City to post stop signs at the intersection of Bennett Place and the new road. A 3-way stop sign would slow the traffic on Bennett Place and make it a safer intersection. Thank you for your consideration of our concerns. Sincerely, P trick J Finnegan 2,;201 -MEMORANDUM- TO: Mike Franzen, Senior Planner FROM: Rodney W. Rue, Design Engineer '')FG4J .R. SUBJECT: Burnett Addition DATE: September 14, 1989 In response to the request for a three-way stop condition at the intersection of Bennett Place and the new street within the Burnett Addition, this intersection would not likely meet warrants for a three-way stop. Minimum volumes entering the intersection must average at least 500 vehicles per hour for the highest eight (8) hours of an average day. Also, the minor street must average at least 200 vehicle and pedestrian units per hour for the same eight hours. If sight distance was a problem, that may be justification for a stop sign, however, in this situation it doesn't appear to be warranted since the sight distance is adequate. In regards to the speeding issue, the City has not conducted a speed survey in this area. However, in my opinion, speeding would tend to be more of a problem for southbound vehicles in the area of the steep grade rather than northbound vehicles, which is the traffic that is of concern for sight distance. Therefore, we would not recommend a three-way stop in this location based on anticipated volumes being less than the minimums required and sight distance being adequate. At no time should speeding be the only criteria in determining the need for a multi-way stop situation. RWR:ssa 22S1 k NOTICE TO RESIDENTS AND LANDOWNERS 1 i 7 ( i5) .0s 26,88. 5 1:.n 6 E ( 13) \ DR r. 56 YID NOLA D (42) 6'37 ICE 131.14 4 v5 63 1; 2 (4 0)E(41)1 Mr ICE BURNETT ADDITION ( 18) to ( 16) g (453)-5 •:•1 BLUFFS WEST 8TH ADDITION '3701 026j AVESTAN I mmo. (39) 1T7734 15 I A (38) tri (60 2 t • ILiA NP "TM 47N / I • city of Eden Prairie ;tly 01;:ce.S xecutive Drive • Eden Prairie. MN 55344 -3677 • Telephone (612)937 -2262 r --7410-11; PLEASE NOTICE THAT THERE ARE 3 PUBLIC HEARING NOTICES ENCLOSED IN THIS ENVELOPE. IF YOU WILL REFERENCE THE MAP TO THE RIGHT, YOU WILL SEE THAT THE THREE PROJECTS ARE ALL ADJACENT TO EACH OTHER. BECAUSE THESE PR CTS ARE RELATED IN MANY WAYS, AND BECAUSE THE DEVELOP - MENT OF EACH WILL LIKELY IMPACT THE OTHER, ALL THREE ARE BEING CONSIDERED AT THE SAME TIME-- MONDAY, AUGUST 28TH, AT 7:30 P.M., IN THE CITY HALL COUNCIL CHAMBERS. PLEASE CALL THE PLANNING DEPARTMENT AT 937-2262 IF YOU HAVE ANY QUESTIONS AB THESE PROJECTS OR THE MEETING. NELSON ADDITION -it , RA; 11 AREA LOCATION MAP 9.1q3 STAFF REPORT TO: Planning Commission Michael D. Franzen, Senior Planner Chris Enger, Director of Planning August 25, 1989 Nelson Addition West of Bennett Place, north of Bluestem L a n e David Nelson 1. Zoning District Change on 2.41 acres fro m R 1 - 2 2 t o R 1 - 1 3 . 5 . 2. A Preliminary Plat of 2.41 acres into 6 s i n g l e f a m i l y l o t s . FROM: THROUGH: DATE: SUBJECT: LOCATION: APPLICANT/ FEE OWNER: REQUEST: Background This site is guided Low Density Residential for up to 2.5 units per acre. The property is currently zoned R1-22. Surrounding existing uses are single family homes. Site Plan The preliminary plat depicts the subdivision of 2.41 acres into 6 single family lots at a density of 2.49 units per acre. Surrounding densities are 1.88 units per acre for Bluffs West 8th, 1.97 units per acre for Burnett Addition, 2.27 units per acre for Bluffs West 7th, 2.22 units per acre for Blossom Ridge, 2.0 units per acre for Creekview Estates, and Holland Addition 2.0 units per acre. All of the lots meet the minimum requirements of R1-13.5 Zoning District. Five of the lots will have access from the east/west street through the Burnett Addition to the north. One lot will have direct driveway access off Bennett Place. The driveway for the proposed house Nelson Addition 2 August 25, 1989 should be located along the south property line in order to provide for the required minimum site vision distance of 350 feet to the north and 250 feet to the south. Site Grading and Tree Loss The proposed grading for the road and house construction will remove 99 out of the 297 total significant inches of trees on site. This is a 33% loss which compares to the 26% average tree loss for 32 other subdivisions approved with tree replacement. Tree replacement required for this project would be total of 43 caliper inches. Prior to review by the City Council, the proponent should provide a tree replacement plan for the 43 caliper inches. Utilities Sewer and water service can be provided to the site by connecting to existing utilities in Bluestem Lane. Storm water run-off is proposed to drain in a southeasterly direction through a series of storm sewer pipes to Purgatory Creek. This site is part of a 30 acre watershed draining into this pipe system. In order to evaluate the size of the proposed piping, the proponent must provide detailed storm water run-off calculations for review by the City Engineer. Sidewalks Attachment A indicates the location of existing and proposed sidewalks and trails In this area as recommended by the Park and Recreation Staff. Concurrent with street and utility construction, a 5 foot wide concrete sidewalk must be constructed along the north side of the east/west road. Staff Recommendations The Planning Staff would recommend approval of the request for rezoning from R1-22 to R1-13.5 and a preliminary plat of 2.41 acres into 6 single family lots based on plans dated August 11, 1989, subject to the recommendations of the Staff Report dated August 25, 1989, and subject to the following conditions: 1. Prior to review by the City Council: A. Provide a tree replacement plan based on 43 caliper inches. B. Revise the preliminary plat to show the driveway location for the house fronting on Bennett Place along the southern property line. 2. Prior to the Final Plat approval, the proponent shall: A. Provide detailed storm water run-off and erosion control plans for review by the Watershed District. B. Provide detailed storm water run-off utility and erosion control plans for review by the City Engineer. 2 :10 Nelson Addition 3 August 25, 1989 3. Prior to building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Provide plans for review by the Fire Marshal. 4. Prior to grading permit issuance, the proponent shall: A. Stake the proposed construction and erosion control limits with snow fencing and erosion control fencing. B. Notify the City and Watershed District at least 48 hour in advance of grading. S. Concurrent with street and utility construction the proponent shall construct a 5 foot wide concrete sidewalk along the north side of the east/west road. L._ • ' 4 "1 • •. .1 . _y__ •n••-) BilejffS\.‘, • /- " FP EY Kr 0). COkr-FME., 5IDEVJALX- Ftta1t'SEA 5' ca•lopqr. FPC/FOSEP EATLA411401X CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 089-20?. RESOLUTION APPROVING THE PRELIMINARY PLAT OF BLUFFS WEST 8TH FOP HUSTAD DEVELOPMENT BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Bluffs West 8th for Hustad Development, dated September 15, 1989, consisting of 2.12 acres into 4 single family lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 19th day of September, 1989. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 22 0'7 September 5, 1989 City Council Members City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344-3677 SUBJECT: Burnett, Nelson and Hu s t a d A d d i t i o n s ATTENTION: Members of the City C o u n c i l We are writing to express our co n c e r n s i n r e l a t i o n t o proposed developments along Ben n e t t P l a c e . T h e r e a r e m a n y children in the neighborhood and o u r m a j o r c o n c e r n i s o n e o f safety. We are not opposed to th e d e v e l o p m e n t s , b u t w e a r e concerned about the increased t r a f f i c i t w i l l c a u s e o n • Bennett Place. We have continua l l y b e e n c o n c e r n e d a b o u t t h e speed of traffic on this road. L a s t y e a r , w e a s k e d t h e C i t y to install signs indicating "chi l d r e n a t p l a y " a n d t h e C i t y refused saying these can only be e r e c t e d n e a r p l a y g r o u n d s o r schools. The City did, finally, p u t u p 3 0 M . P . H . s p e e d l i m i t signs, but drivers continue to e x c e e d t h i s l i m i t . T h e P o l i c e have indicated they will monitor t h e s i t u a t i o n . T h e C i t y Planning Commission heard much t e s t i m o n y a b o u t t h i s p r o b l e m at their August 2B, 1989 meeting a n d t h e y d i d r e c o m m e n d t h a t the City review the problem. We understand that the proposed s i t e f o r t h e n e w i n t e r s e c t i o n with Bennett Place meets the vis i b i l i t y g u i d e l i n e s f o r a 3 0 M.P.H. speed limit. It is our o p i n i o n , h o w e v e r , t h a t vehicles constantly exceed the p o s t e d s p e e d l i m i t s o n B e n n e t t Place and that at these higher s p e e d s l o n g e r v i s i b i l i t y distances should be required. For safety concerns, we would en c o u r a g e t h e C i t y t o p o s t s t o p signs at the intersection of Benn e t t P l a c e a n d t h e n e w r o a d . A 3-way stop sign would slow th e t r a f f i c o n B e n n e t t P l a c e a n d make for a safer intersection. We understand that you will con s i d e r a p p r o v i n g t h e s e p l a n s for development at the September 1 9 , 1 9 8 9 C i t y C o u n c i l meeting. We would invite you to c o m e a n d l i s t e n t o o u r concerns at a neighborhood meeti n g o n M o n d a y , S e p t e m b e r 1 8 , 1989, 7:00 P.M., at 9947 Bennet t P l a c e , E d e n P r a i r i e . I f y o u have any questions, please conta c t J a n e K e l l y a t 9 4 4 - 7 8 0 3 . Thank you for your consideration o f o u r c o n c e r n s . Sincerely, Concerned Neighbors 22q7 IV@EllWE PLANN1141 DEPT. 11 August 21, 1989 Patrick J. Finnegan 9925 Bennett Place Eden Prairie, MN 55347 AUG 22 19E9 CITY OF City of Eden Praf,igN PRAIRIE Planning Commission 7600 Executiie Drive Eden Prairib4;MN 55344-3677 Subject: Burnett Addition •••••••• Attention: Members of the City Planning C o m m i s s i o n I am writing to express my concerns in rel a t i o n t o t h e p r o p o s e d development known as Burnett Addition whi c h y o u a r e s c h e d u l e d t o consider at your August 28, 1989 meeting. My wife and I have 3 young children (ages 4 , 8 , a n d 1 1 ) a n d l i v e at 9925 Bennett Place which is directly a c r o s s B e n n e t t P l a c e from the proposed development. Our major c o n c e r n i s f o r t h e safety of our children and the children i n t h e n e i g h b o r h o o d . We are not opposed to the development bu t w e a r e c o n c e r n e d a b o u t the increased traffic it will cause on B e n n e t t P l a c e . W e h a v e continually been concerned about the spe e d o f t r a f f i c o n t h i s road. Last year we called and asked the C i t y t o i n s t a l l s i g n s indicating "children at play" and the Ci t y r e f u s e d s a y i n g t h e s e can only be erected near playgrounds or s c h o o l s . T h e C i t y d i d finally put up 30 M.P.H. speed limit sig n s b u t d r i v e r s continuously exceed this limit. The Poli c e h a v e i n d i c a t e d t h e y will monitor the situation. We understand that the proposed site for t h e n e w i n t e r s e c t i o n with Bennett Place meets the visibility g u i d e l i n e s f o r a 3 0 M.P.H. speed limit. It is our opinion, h o w e v e r , t h a t v e h i c l e s constantly exceed the posted speed limits o n B e n n e t t P l a c e a n d that at these higher speeds longer visibi l i t y d i s t a n c e s s h o u l d be required. The proposed access road into the develop m e n t w i l l c o m e d i r e c t l y at our driveway. I would encourage your c o n s i d e r a t i o n o f m o v i n g this road north at least 25 feet. The r o a d w o u l d t h e n f a c e t h e side of our neighbor's shed. This would a l s o d e c r e a s e t h e amount of headlights shining into our ho u s e a s v e h i c l e s t u r n onto Bennett Place. For safety concerns we would encourage t h e C i t y t o p o s t s t o p signs at the intersection of Bennett Pl a c e a n d t h e n e w r o a d . A 3-way stop sign would slow the traffic on Bennett Place a n d m a k e it a safer intersection. Thank you for your consideration of our c o n c e r n s . Sincerely, P trick J 071-•:44,P1 Finnegan z q9 -MEMORANDUM- TO: Mike Franzen, Senior Planner FROM: Rodney W. Rue, Design Engineer SUBJECT: Burnett Addition DATE: September 14, 1989 In response to the request for a three-way stop condition at the intersection of Bennett Place and the new street within the Burnett Addition, this intersection would not likely meet warrants for a three-way stop. Minimum volumes entering the intersection must average at least 500 vehicles per hour for the highest eight (8) hours of an average day. Also, the minor street must average at least 200 vehicle and pedestrian units per hour for the same eight hours. If sight distance was a problem, that may be justification for a stop sign, however, in this situation it doesn't appear to be warranted since the sight distance is adequate. In regards to the speeding issue, the City has not conducted a speed survey in this area. However, in my opinion, speeding would tend to be more of a problem for southbound vehicles in the area of the steep grade rather than northbound vehicles, which is the traffic that is of concern for sight distance. Therefore, we would not recommend a three-way stop in this location based on anticipated volumes being less than the minimums required and sight distance being adequate. At no time should speeding be the only criteria in determining the need for a multi-way stop situation. RWR:ssa 1‘)k 6 9 (16) (17) 90 F (39) BURNETT ADDITION 1 NELSON ADDITION I BLUFFS WEST 8TH ADDITION Sr91 669 .6 7' c aSTEN mnoTA (39) 3 ..e7 (37) 61 iR 4C79r. InS•63.4 TWAVge.:40: tr- ( 38) itaig % 3°0 AV 4-,4741 OWWV, 71 ( 18) 7. 10 r. fi? (3'.1y cf En 7: ..;n I. --_xect..I•ve Drive • Eden Prairie, MN 55344.3677 • Tereprione (612) 937-2262 •i.:417 1 ! r =1101 =1 NOTICE TO RESIDENTS AND LANDOWNERS PLEASE NOTICE THAT THERE ARE 3 PUBLIC HEARING NOTICES ENCLOSED IN THIS ENVELOPE. IF YOU WILL REFERENCE THE MAP TO THE RIGHT, YOU WILL SEE THAT THE THREE PROJECTS ARE ALL ADJACENT TO EACH OTHER. BECAUSE THESE P ECTS ARE RELATED IN MANY WAYS, AND BECAUSE THE DEVELOP - MENT OF EACH WILL LIKELY IMPACT THE OTHER, ALL THREE ARE BEING CONSIDERED AT THE SAME TIME -- MONDAY, AUGUST 28TH, AT 7:30 P.M., IN THE CITY HALL COUNCIL CHAMBERS. PLEASE CALL THE PLANNING DEPARTMENT AT 937-2262 IF YOU HAVE ANY QUESTIONS A if THESE PROJECTS OR THE MEETING. STAFF REPORT TO: Planning Commission Michael D. Franzen, Senior Planner Chris Enger, Director of Planning August 25, 1989 Bluffs West 8th Addition West of Bennett Place, north of Bluestem Road Wallace Hustad 1. Zoning District Change from R1-22 to RI-13.5 on 2.12 acres. 2. A Preliminary Plat of 2.12 acres into 4 single family lots. 3. Street frontage variances to be reviewed by the Board of Appeals and Adjustments. FROM: THROUGH: DATE: SUBJECT: LOCATION: APPLICANT/ FEE OWNER: REQUEST: Background This site is guided Low Density Residential for up to 2.5 units per acre. The site is currently zoned R1-22. Surrounding existing uses are single family homes. Site Plan The site plan depicts the subdivision of 2.12 acres into 4 RI- 13.5 lots at a density of 1.88 units per acre. Surrounding densities are 1.97 units per acre for Burnett subdivision, 2.49 units per acre for Nelson Addition, 2.0 units per acre for Creekview Addition, 2.0 units per acre for Holland Addition, and 2.2 units per acre for Bluffs West 7th. The lots meet the minimum square footage requirements for the R1-13.5 Zoning District, however proposed Lot 1 and 2 are flag lots which have a street frontage of 20 feet. Code currently requires a minimum street frontage of 85 feet in the R1-13.5 Bluffs West 8th Addition 2 August 25, 1989 Zoning District. When the Bluffs West 7th Addition immediately to the west of this site was reviewed by the Planning Commission and City Council, the overall development plan for the area to the north which included this site was studied to determine the appropriate type of access for the area. A cul-de-sac was initially to be extended from the Nelson property to this site to provide access. However, due to extensive site grading and tree loss and sewer depth, it was determined that this property might be better be served by flag lots. A variance was granted for Lot 1, Block 1 of Bluffs West 7th Addition for street frontage variance from 89 to 65 feet for the lot immediately adjacent to and west of proposed Lot 1. The proponent must apply to the Board of Appeals and Adjustments for the flag lot variances. There will be three driveway access points on Bennett Place. Site vision distance has been evaluated and meets the minimum criteria for a 30 mile an hour design speed. Grading and Tree Loss Proposed grading for the house pads will result in the loss of 239 out of 701 total caliper inches or 34%. Tree loss on this site could be reduced further by eliminating one lot, however, the density of 1.88 units per acre is lower than the 2.14 units per acre density for surrounding subdivisions. Since this site is part of approximately 26 acres of land owned by the Hustad Development Corporation, tree loss was calculated over the entire property when the Bluffs West 7th Addition was approved earlier this year. Initially, the overall tree loss was calulated at 29%. With a more detailed inventory and grading plan submitted with the Bluffs West 8th Addition, overall tree loss has been recalculated at 31%. Though this number is slightly higher than what was originally estimated, it is below the 35% maximum tree loss considered acceptable before alternative site plans must be explored. Since the estimate over 26.3 acres is for 2,229 caliper inches of tree loss, the tree replacement would be 914 caliper inches. Since 163 caliper inches are being replaced in the Bluffs West 7th Addition, a total of 751 caliper inches must be Spread out over the balance of the undeveloped property. Since this site is wooded in the backyards, the amount of area available for tree replacement is small and confined to the front yard setback. It is recommended that 12 caliper inches of trees be replaced on each lot or a total of 48 inches. Prior to review by the City Council, the proponent shall submit a tree replacement plan for 48 inches. Two, four foot, retaining walls must be constructed in order to provide a driveway access to proposed Lot 2. Details of the retaining walls must be provided prior to grading permit issuance. Since the retaining walls are constructed along the narrow 20 foot wide access to this lot, it is recommended that the retaining walls and bituminous surface be constructed concurrent with site grading. Utilities Sewer and water service is available by connection to existing facilities in Bluestem Lane and Bennett Place. Storm water run-off in the backyard of these four lots collects in a low area. There should be a storm sewer outlet pipe from this low area to the nearest available catch basin in either Bennett Place or Bluestem Lane. g?ia Bluffs West 9th 3 August 25, 1929 Sidewalks There is an existing 5 foot wide concrete sidewalk along the west side of Bennett Place which serves this project. There will also be a sidewalk along Bluestem Lane. Staff Recommendation The Staff would recommend approval of the rezoning request from R1-22 to R1-13.5 and a preliminary plat of 2.12 acres into 4 single family lots based on plans dated July 20, 1989, subject to the recommendations of the Staff Report dated August 25, 1989, and subject to the following conditions: 1. Prior to City Council review, proponent shall: A. Submit a tree replacement plan for 48 caliper inches. B. Revise the grading and drainage plan to depict a storm sewer outlet from the low area within the back yards of the houses. 2. Prior to Final Plat approval proponent shall: A. Submit detailed storm water run-off, erosion control, and utility plans for review by the City Engineer. B. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. 3. Prior to building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Submit plans for review by the Fire Marshal. 4. Prior to grading permit issuance proponent shall: A. Stake the proposed construction limits with a snow fence. B. Notify the City and Watershed District at least 48 hours in advance of grading. 5. Retaining walls and the blacktop driveway on proposed Lot 2 must be constructed concurrent with site grading for Lots 2 and Lot 3. 6. Apply for and receive Board of Appeals variances for the flag lots. 2.303 1 C" ne• Pt'lfr71 0 f FrecoSE-0 C Nic., 441 'Ise *sift, I 1-7 .2 Mill-Z.:" P n ells-11149 07' coMr-frr •4tcesoxix_. FraFoseD 5' COJCV.E:TE, sit:ex/4NX- " ••• " • iToposep eIbiluMiNOtx SEPTEMBER 19.1989 53996 FRANK SMETANA 53997 HELEN B SMETANA 5 7 99B COMMISSIONER OF REVENUE STATE OF MN ,a DAVID A CORNELIUS 54001 MINNESOTA TENANTS UNION 54002 BIRTCHER WELSH 54003 JASON-NORTHCO PROP LPM1 54004 AT&T 54005 AT&T 54006 MINNEGASCO 54007 NORTHERN STATES POWER CO 54008 NORTHERN STATES POWER COMPANY 54009 PETTY CASH 54010 INTERNATIONAL TRAVEL EXCHANGE 54011 NATIONAL LEAGUE OF CITIES 54012 VOID OUT CHECK 54013 DOUG ARMSTRONG 54014 DATASERVE 54015 LAURA DERICKSON 54016 SHAWN DRILL 54017 LINDAY GOEBEL 54018 MARK KARINIEMI 54019 MARION L NESBITT 54020 PAX CHRISTI 54021 LORI SPAULDING 54822 THERESA STOWELL 54023 ROSANNA SVOBODNY SHARLEEN TOWNSEND 5 JIM STUKEL 54v26 JAMES BITTNER 54027 BROADWAY EQUIPMENT CO 54028 MICHAEL SKARP 54029 SUPERIOR PRODUCTS 54030 SANDRA F WERTS 54031 ROGER'S CABLESYSTEMS 54032 DAVID LINDAHL 54033 MN RECREATION & PARK ASSN 54034 MN RECREATION & PARK ASSN 54035 FIVE STAR CONSTRUCTION INC 54036 CEDAR HILLS GOLF PARK 54037 PETTY CASH 54038 SUPPLEE'S 7 HI ENTERPRISES INC 54039 CITY OF WHITE BEAR LAKE 54040 KAY ZUCCARO 54041 AT&T 54042 AT&T CONSUMER PRODUCTS DIV 54043 U S WEST COMMUNICATIONS 54044 FIRST BANK EDEN PRAIRIE 5 COMMISSIONER OF REVENUE 15402 173 EASEMENTS-BRYANT LAKE SEWER EASEMENTS-BRYANT LAKE SEWER LICENSE-ASSESSING DEPT HOUSING BOND FEE SOFTBALL OFFICIAL/FEES PAID SUBSCRIPTION-HUMAN RESOURCES DEPT SEPTEMBER 89 RENT-CITY HALL SEPTEMBER 89 RENT-LIQUOR STORE SERVICE SERVICE SERVICE SERVICE SERVICE EXPENSES-RILEY LAKE BEACH CONFERENCE-COUNCILMEMBER CONFERENCE-COUNCILMEMBER REFUND-SWIMMING LESSONS REFUND-ROUND LAKE PARK PAVILION RENTAL REFUND-SWIMMING LESSONS REFUND-BOUNDARY WATERS TRIP REFUND-BOUNDARY WATERS TRIP REFUND-MEMBERSHIP FEE REFUND-NOERENBERG GARDEN TOUR REFUND-STARING LAKE PARK BUILDING RENTAL REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-AEROBICS CLASS REFUND-SWIMMING LESSONS BOUNDARY WATERS CANOE TRIP GUIDE/FEES PAID SOFTBALL OFFICIAL/FEES PAID CLEANING SUPPLIES-FACILITIES DEPT LIFEGUARD INSTRUCTOR/FEES PAID -REFRIGERATOR-$1195.00/FREEZER-$465.00/ ICEMAKER REGRIGERATOR-$1430.00-FIRE DEPT MILEAGE-SENIOR CENTER SECOND CABLE HOOKUP-SENIOR CENTER -REFUND-OVERPAYMENT TOUCH FOOTBALL LEAGUE FEE -1989 FOOTBALL STATE REGISTRATION FEE- ORGANIZED ATHLETICS FOOTBALL REGISTRATION-ORGANIZED ATHLETICS PARTIAL PAYMENT-CONFERENCE ROOM/OFFICE -ENTRANCES/COUNCIL CHAMBERS/HALL REMODELING-CITY HALL GOLF TOURNAMENT/FEES PAID CHANGE FUND-SUNBONNET DAY SEPTEMBER RENT-LIQUOR STORE CONFERENCE-ADMINISTRATION AQUA AEROBICS INSTRUCTOR/FEES PAID SERVICE SERVICE SERVICE PAYROLL 8/17/89 & 9/1/89 PAYROLL 9/1189 6500.00 6500.00 15.00 2500.00 300.00 4.50 19880.79 6141.94 4.45 227.91 164.76 13035.09 10421.70 53.50 183.00 245.00 0.00 20.00 65.00 20.00 92.00 92.00 40.02 4.00 53.00 40.00 19.00 7.00 22.00 680.00 30.00 120.96 135.00 3408.47 60.28 29.95 45.00 99.00 200.00 2900.00 143.75 200.00 4737.16 16.00 210.00 545.05 121.70 4404.59 57524.68 11758.48 S05 SEPTEMBER 19.1989 54046 APPLIED ROOFING SYSTEMS INC 54047 KATHY HERMANN 8JOYCE PROVO A T 0 M 54050 DECATHLON ATHLETIC CLUB 54051 INSTY PRINTS 54052 MESSERLI & KRAMER 54053 MONA MEYER & MCGRATH 54054 PLYMOUTH PLACE HOTEL 54055 ROEMER G ROBERTSON COMPANY 54056 VOTO TAUTGES REDPATH & CO LTD -ROOF & GUTTER WORK-TICONDEROGA TRAIL- HOUSING REHABILITATION PROGRAM EXPENSES-CITY HALL EXPENSES-CITY HALL CONFERENCE-POLICE DEPT EXPENSES-MUNICIPAL LEGISLATIVE COMMISSION PRINTING-MUNICIPAL LEGISLATIVE COMMISSION SERVICE-MUNICIPAL LEGISLATIVE COMMISSION JULY 89 SERVICE EXPENSES-MUNICIPAL LEGISLATIVE COMMISSION ADS-MUNICIPAL LEGISLATIVE COMMISSION -AUDIT SERVICES-MUNICIPAL LEGISLATIVE COMMISSION 3950.00 100.56 19.19 120.00 412.41 432.61 4200.00 2094.72 336.71 347.30 1100.00 54057 1111 IV REFUND-MEMBERSHIP FEE 92.10 54058 REFUND-SWIMMING LESSONS 17.00 54059 REFUND-STARING LAKE PARK BUILDING RENTAL 12.00 54060 I 1 REFUND-FIREARM SAFETY CLASS 2.00 54061 1111 REFUND-EXERCISE CLASS 28.00 54062 REFUND-MEMBERSHIP FEE 10.28 54063 1111 REFUND-SWIMMING LESSONS 43.00 54064 1111 11 REFUND-EXERCISE CLASS 18.00 54065 REFUND-MEMBERSHIP FEE 52.54 54066 1 REFUND-SWIMMING LESSONS 19.00 54067 REFUND-FIREARM SAFETY CLASS 2.00 54068 REFUND-SWIMMING LESSONS 19.00 54069 REFUNO-EXERCISE CLASS 26.00 54070 REFUND-SWIMMING LESSONS 38.00 54071 -ENTERTAINMENT-SUNBONNET DAY-HISTORICAL & 100.00 CULTURAL COMMISSION E 2 JACK PEARSON -ENTERTAINMENT-SUNBONNET DAY-HISTORICAL & 181.00 CULTURAL COMMISSION 54073 DUN & BRADSTREET BUSINESS ED SERV CONFERENCE-FIRE DEPT 99.00 54074 HOLIDAY INN DULUTH CONFERENCE-WATER DEPT 214.80 54075 NORTH CENTRAL SECTION AWWA CONFERENCE-WATER DEPT 100.00 54076 ETHYL WOKASCH EXPENSES-HUMAN RESOURCES 32.65 54077 GRIGGS COOPER & CO INC LIQUOR 22417.55 54078 PRIOR WINE CO WINE 4361.11 54079 EAGLE WINE CO WINE 1618.20 54080 ED PHILLIPS & SONS CO WINE 19647.24 54081 QUALITY WINE CO WINE 11570.89 54082 JOHNSON BROS WHOLESALE LIQUOR LIQUOR 36311.61 54083 MARK VII DISTRIBUTING COMPANY WINE 79.00 54084 PAUST1S & SONS CO WINE 602.72 54085 BEER WHOLESALERS INC BEER 4856.35 54086 DAY DISTRIBUTING CO BEER 7210.40 54087 EAST SIDE BEVERAGE CO BEER 26205.80 54088 HOME JUICE CITRUS PRODUCTS INC MIX 60.96 54089 KIRSCH DISTRIBUTING CO BEER 793.07 54090 MARK VII DISTRIBUTING COMPANY BEER 19046.45 54091 MIDWEST COCA COLA BOTTLING CO MIX 1074.54 54092 PEPSI COLA COMPANY MIX 449.43 54093 ALL AMERICAN BOTTLING CORP MIX 429.42 54094 THORPE DISTRIBUTING COMPANY BEER 10342.70 54095 ALLIED BLACKTOP COMPANY SERVICE-1989 BITUMINOUS SEALCOATING 19344.91 E.Jr BROWN & CRIS INC -SERVICE-HAMILTON RD STREET & STORM SEWER 697.77 IMPROVEMENTS 20134199 54097 MATT BULLOCK CONTRACTING CO SERVICE-STARING LAKE PARK 54098 F F JEDLICKI SERVICE-CSHA COUNTY I & 18 STORM SEWER 54099 KILLMER ELECTRIC COMPANY SERVICE-PRAIRIE CENTER DR TRAFFIC SIGNALS 54100 RICHARD KNUTSON INC SERVICE-COUNTY RDS 1 & 4 WATERMAIN 5P01 MIDWEST ASPHALT CORP -SERVICE-BYPASS & TURN LANE IMPROVEMENTS FOR CEDAR RIDGE SCHOOL 5'4102 NODLAND CONSTRUCTION CO -SERVICE-COUNTRY GLEN UTILITY & STREET IMPROVEMENTS/CEDAR RIDGE STORM SEWER 54103 NORTHDALE CONSTRUCTION CO -SERVICE-MITCHELL/RESEARCH RD & WEST 76TH -STREET IMPROVEMENTS/GOLDEN TRIANGLE DRIVE IMPROVEMENTS 54104 A TO Z RENTAL CENTER EQUIPMENT RENTAL-WATER DEPT/OUTDOOR CENTER 54105 AAA STRIPING SERVICE CO STREET STRIPING-STREET DEPT 54106 ACRO-MINNESOTA INC OFFICE SUPPLIES-CITY HALL 54107 HERBERT S ADOLPHSON EXPENSES-BUILDING INSPECTIONS DEPT 54108 ADOLFSON & PETERSON INC REFUND-PERMIT FEE DEPOSIT 54109 AIRSIGNAL INC PAGER SERVICE-POLICE DEPT 54110 AMERICAN EXCELSIOR CO EROSION CONTROL MAT-STARING LACE PARK 54111 AMERICAN LINEN SUPPLY CO -UNIFORMS-WATER DEPT/SEWER DEPT/STREET -DEPT/PARK MAINT/FACILITIES DEPT/BUILDING INSPECTIONS DEPT/MATS-LIQUOR STORE 54112 AMERICAN NATIONAL BANK BOND PAYMENT 54113 AMERICAN PLANNING ASSOCIATION DUES-PLANNING DEPT 54114 AMERICAN RED CROSS BOOKS-AQUATICS SUPERVISOR 54115 AMERICAN SOCIETY OF LANDSCAPE ARC DUES-PARK PLANNING DEPT 54116 EARL F ANDERSEN & ASSOC INC SIGNS-STREET DEPT/PARK MAINTENANCE 54117 ANDERSON'S GARDEN EXPENSES-FIRE DEPT 54118 RICHARD T ANDERSON EXPENSES-COUNCILMEMBER 54119 ARMOR SECURITY INC 3RD QUARTER SECURITY SYSTEM-OUTDOOR CENTER 54120 B & S TOOLS -PRY BARS/AIR HOSE/AIR CHISEL REPAIR/ -HAMMER HEADS/GAUGE/NUT DRIVERS/PLIERS/ -SCREWDRIVERS/SCRAPERS/SOCKET SET/RAZOR -BLADES/KNIFE SHARPENER-WATER DEPT/ EQUIPMENT MAINTENANCE 54121 BAREFOOT GRASS LAWN SERVICE LAWN CARE SERVICE-POLICE BUILDING 54122 GERALD J BARTZ SOFTBALL OFFICIAL/FEES PAID 54123 BATTERY & TIRE WAREHOUSE INC FLASHERS-EQUIPMENT MAINTENANCE 54124 DANIEL BECKER REFUND-OVERPAYMENT UTILITY BILLING 54125 BERGIN AUTO BODY REFINISH POLICE VEHICLE-EQUIPMENT MAINT 54126 BIFFS INC WASTE DISPOSAL-PARK MAINTENANCE 54127 BLACKS PHOTOGRAPHY -FILM/FILM PROCESSING-POLICE DEPT/FIRE -DEPT/PARK PLANNING DEPT/FORESTRY DEPT/ PLANNING DEPT54128 54128 CITY OF BLOOMINGTON -JULY 89 ANIMAL IMPOUND SERVICE/AIRPORT ADEQUACY STUDY 54129 STAN BORELLA MILEAGE-OUTDOOR CENTER 54130 TORY BOYUM HOCKEY OFFICIAL/FEES PAID 54131 BRO-TEX INC -HAND TOWELS-FACILITIES DEPT/EQUIPMENT MAINTENANCE 54132 BURNSVILLE BEAVER MT WATER SLIDE BEAVER MT WATER SLIDE/FEES PAID 54133 BUSINESS CREDIT LEASING INC OCTOBER 89 COPIER RENTAL-FIRE DEPT 54134 CAFE ON THE POND EXPENSES-POLICE DEPT 54135 CARDOX CORPORATION CHEMICALS-WATER DEPT 54136 CASE POWER & EQUIPMENT BOBCAT/TRAILER/PLANER RENTAL-STREET DEPT 32180.57 35079.70 11897.20 3325.00 15988.52 174153.00 197783.47 37.10 2419.80 71.50 15.00 2000.00 94.00 192.00 1978.21 341.50 619.00 61.20 193.00 2434.65 22.99 189.54 155.10 509.75 69.33 1080.00 7.52 79.43 240.00 643.88 285.18 5753.00 64.00 40.00 210.07 63.75 182.75 132.13 446.92 1250.00 4 0 728976 .M /7 54171 JAMIESON J GIEFER 54172 GOPHER STATE ONE-CALL INC 54173 GOPHER SIGN COMPANY 54174 W W GRAINGER INC 54175 GRANT MERRITT & ASSOCIATES LTD 54176 GREAT AMERICAN MARINE 54177 JANET GREENLEES 54 17 8 GROSS OFFICE SUPPLY 5i GROUP WEB INC 541o0 GUNNAR ELECTRIC CO INC 21549362 LIQUOR STORE SOFTBALL OFFICIAL/FEES PAID JULY 89 SERVICE SIGN POSTS-WATER DEPT 3 CIRCULATING FANS-WATER DEPT -AUGUST 89 LEGAL SERVICE-FLYING CLOUD LANDFILL BOAT MOTOR/ACCESSORIES-ROUND LAKE MARINA MILEAGE-TEEN WORK PROGRAM OFFICE SUPPLIES-CIVIL DEFENSE PRINTING-HUMAN SERVICES DIRECTORIES -WARNING STICKERS/REPLACE 3 WAY SWITCH- PARK MAINTENANCE SEPTEMBER 19.1989 54137 CASHCO INC 2 HAND CONTROL VALVES-WATER DEPT 5 .,18 CHANHASSEN LAWN & SPORTS OIL/KNIFE SET-WATER DEPT/FORESTRY DEPT CHEMLAWN LAWN CARE SERVICE-WATER DEPT s4140 CIRCUS AMERICAN AMUSEMENT ARCADES NEIGHBORHOOD OUTREACH PROGRAM/FEES PAID 54141 CLEVELAND COTTON PRODUCTS TOWELS-WATER DEPT 54142 CLUTCH & TRANSMISSION SER INC -BRAKE DRUM REPAIRS/SEALS/BRAKE SPRING- EQUIPMENT MAINTENANCE 54143 COMMERCIAL ASPHALT CO BLACKTOP-STREET MAINTENANCE 54144 COMMISSIONER OF TRANSPORTATION SERVICE-HWY 5 & EDEN PRAIRIE RD 54145 CONTACT MOBILE COMMUNICATIONS INC RADIO REPAIR-POLICE DEPT 54146 CONTINENTAL SAFETY EQUIP INC EQUIPMENT REPAIR-SEWER DEPT 54147 CURTIS INDUSTRIES INC -CONNECTIONS/DRILL BITS/SILICONE/SORT TRAYS-EQUIPMENT MAINTENANCE 54148 CUTLER-MAGNER COMPANY QUICKLIME-WATER DEPT 54149 WARD F DAHLPERG AUGUST 89 EXPENSES-LIQUOR STORES 54150 DALCO CLEANING SUPPLIES-WATER DEPT 54151 BUD DAMON INSTALL TWIN DOLLIES ON PIANO-SENIOR CTR 54152 DAN & DAN'S MINUTEMAN PRESS -PRINTING FOR SUNBONNET DAY-HISTORICAL & CULTURAL COMMISSION 54153 DPC INDUSTRIES INC CHEMICALS-WATER DEPT 54154 DYNA SYSTEMS DRILL BITS/SCREWS-WATER DEPT 54155 ECONOMY TROPHY TROPHIES-YOUTH TENNIS 54156 EDEN PRAIRIE FIRE RELIEF 1989 FIRE RELIEF FUND 54157 EDEN PRAIRIE'S BOYS BASKETBALL AS POSTAGE-SUMMER SKILL DEVELOPMENT 541_58 E P PHOTO FILM/FILM PROCESSING-POLICE DEPT 54159 E P PHOTO FILM/FILM PROCESSING-FIRE DEPT 54160 DEB EDLUND MINUTES-PLANNING COMMISSION 5 I ELVIN SAFETY SUPPLY INC -EARPLUGS/SAFETY GLOVES/APRONS/JACKETS/ -SAFETY VESTS/RAINCOATS-WATER DEPT/STREET MAINTENANCE 54162 EXPRESS MESSENGER SYSTEMS INC POSTAGE-PLANNING DEPT/AFTERNOON PLAYGROUND 54163 FAIRVIEW BLOOD TESTS-POLICE DEPT 54164 FEIST BLANCHARD CO -BATTERY CARRIER/CLOCK/RADIATOR HOSE/BELTS/ -BEARINGS/SEALS/HUB CAPS/ROTOR/SOLENOID -SWITCHES/FUSEHOLDER KITS/CABLE TIE/VALVES/ STRIP CRIMPER-EQUIPMENT MAINTENANCE 54165 FLAGHOUSE INC -SOFTBALL BAT/BALL BAG-NEIGHBORHOOD OUTREACH PROGRAM 54166 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORE 54167 FOX VALLEY SYSTEMS INC MARKING PAINT-WATER DEPT 54168 JOHN FRANE JULY & AUGUST 89 EXPENSES-FINANCE DEPT 54169 LYNDELL F FREY EXPENSES-DAY CAMP 54170 G & K SERVICES -COVERALLS/TOWELS-WATER DEPT/PARK MAINT/ 997.62 44.65 48.80 50.88 96.44 336.00 39985.58 23.17 322.40 35.00 488.85 20136.53 80.00 516.50 85.50 724.30 10315.00 481.39 18.10 119741.00 105.50 35.77 9.91 125.00 353.49 15.30 49.00 418.30 17.28 1020.18 179.49 400.00 55.56 480.58 105.00 223.55 1494.56 593.43 10969.52 429.65 26.95 37.60 3748.00 74.71 C)Z 54181 HACH CO LAB SUPPLIES-WATER DEPT 54182 AMY HAHN VIDEO TAPES-AFTERNOON PLAYGROUND 54183 ROBERT HANNON HOCKEY OFFICIAL/FEES PAID , 84 HARMON GLASS SHADED WINDSHIELD-SEWER DEPT J5 HENNEPIN COUNTY PUBLIC RECORDS FILING FEE-ENGINEERING DEPT 54186 HENNEPIN COUNTY TREASURER FILING FEE-PLANNING DEPT 54187 HENNEPIN COUNTY TREASURER JULY 89 BOARD OF PRISONERS-POLICE DEPT 54188 HENNEPIN COUNTY TREASURER JULY 89 WASTE DISPOSAL-FORESTRY DEPT 54189 D C HEY COMPANY INC TONER/DEVELOPER-BUILDING DEPT 54190 HIAWATHA OIL COMPANY ANTI-FREEZE-WATER DEPT 54191 HODGES BADGE COMPANY INC BADGES-HISTORICAL & CULTURAL COMMISSION 54192 HOFFERS INC FIELD MARKING PAINT-PARK MAINTENANCE 54193 HONEYWELL PROTECTION SERVICES -4TH QUARTER 89 SECURITY SYSTEM-SENIOR CT11/ LIQUOR STORE 54194 HONEYWELL INC COMPRESSOR REPAIR/AIR FILTER-WATER DEPT 54195 HYDRAULIC SERVICES INC CYLINDER REPAIR-EQUIPMENT MAINTENANCE 54196 IBM CORPORATION OCTOBER 89 MAINTENANCE AGREEMENT-CITY HALL 54197 INTL CONFERENCE OF BLDG OFFICIALS DUES-BUILDING INSPECTIONS DEPT 54198 INSTY PRINTS 54199 J & R RADIATOR CORP 54200 JM OFFICE PRODUCTS INC 54201 CARL JULL1E 54202 KAHNKE BROS INC 54203 KEYS WELL DRILLING CO 54204 JIM KILDAHL 54205 SCOTT A KIPP 54206 LAKESIDE FUSEE CORPORATION 54207 ROBERT LAMBERT PRINTING-HUMAN RESOURCES DEPT RADIATOR REPAIR-EQUIPMENT MAINTENANCE OFFICE SUPPLIES-CITY HALL/WATER DEPT EXPENSES/DUES-ADMINISTRATION BLACK DIRT-STREET MAINTENANCE RATCHET FOR MOTOR-WATER DEPT SOFTBALL OFFICIAL/FEES PAID EXPENSES/MILEAGE-PLANNING DEPT FLARES-POLICE DEPT -AUGUST 89 EXPENSES/DUES-PARK & RECREATION DEPT 8 CINDY LANENBERG :9 LANOLINE COMMUNICATION SERVICES 54210 LMCIT 54211 LESMANN ENTERPRISES INC 54212 LINHOFF CORPORATE COLOR 54213 LOOTS 54214 MACQUEEN EQUIPMENT INC 54215 RODERICK MACRAE 54216 ROBERT MASON HOMES 54217 MASTER CRAFT LABELS INC 54218 MASYS CORPORATION 54219 MATTS AUTO SERVICE INC 54220 MBA DESKTOP PUBLISHING PLUS 54221 MARSHALL & SWIFT 54222 MCFARLANES INC 54223 MCGLYNN BAKERIES INC 54224 MCGLYNN BAKERIES INC 54225 R S MEANS CO INC 54226 MEDICAL OXYGEN & EQUIP CO 54227 MEDICINE LAKE LINES 6613676 MILEAGE-FIRE DEPT I CALIBRATION GAS-WATER DEPT LIABILITY INSURANCE REPAIR & PAINT VEHICLE-EQUIPMENT MAINT -FILM PROCESSING-HISTORICAL INTERPRETATION/ FORESTRY DEPT JULY 89 SERVICE -DRIVE CHAINS/BUSHINGS/SNAP RING/SCREWS/ -SPROCKET ASSEMBLY/BEARINGS-EQUIPMENT MAINTENANCE EXPENSES/MILEAGE-OUTDOOR CENTER PROGRAMS INSTALL RETAINING WALL-PARK MAINTENANCE FIRE PREVENTION SUPPLIES-FIRE DEPT -OCTOBER 89 COMPUTER MAINTENANCE-POLICE DEPT TOWING-EQUIPMENT MAINTENANCE/POLICE DEPT PRINTING-RECREATION SUPERVISOR BOOK-ASSESSING DEPT CEMENT-PARK MAINTENANCE EXPENSES-FIRE DEPT -EXPENSES-CITY HALL/POLICE DEPT/AFTERNOON PLAYGROUND/SENIOR PROGRAMS BOOK-PARK PLANNING DEPT OXYGEN-FIRE DEPT -BUS SERVICE-APPLE RIVER-TEEN WORK PROGRAM/ BERNE MN SWISSFEST-ADULT PROGRAMS 407.58 30.60 40.00 130.86 20.50 72.00 1079.50 462.50 132.20 82.80 89.55 289.80 520.81 604.45 94.02 424.32 150.00 36.70 99.32 684.44 196.06 80.00 1500.00 90.00 15.25 445.82 311.00 57.50 146.00 46997.66 478.00 70.00 5921.55 590.05 127.01 441.00 495.00 1295.00 148.00 136.05 49.00 228.00 55.53 249.78 61.95 65.10 434.50 ,309 OCHS PRICK & TILE CO HARRY ORTLOFF PACE LABORATORIES INC PAPER WAREHOUSE KIM BECKER PARMATER PERSONNEL DECISIONS INC PERSONNEL POOL CONNIE L PETERS GARY D PETERSON TOM PETERSON PIONEER MIDWEST INC PITNEY BOWES INC 54263 PLEHAL BLACKTOPPING INC 54264 POMMER COMPANY INC 54265 PRAIRIE HARDWARE 54266 PRAIRIE HARDWARE 54267 PRAIRIE HARDWARE 54251 54252 5( 54255 54256 54257 54258 54259 54260 54261 54262 54228 METRO ALARM INC -4TH QUARTER 89 SECURITY MAINTENANCE AGREEMENT-PUBLIC WORKS BUILDING 54229 METRO PRINTING INC PRINTING FORMS-POLICE DEPT f:k"0 METRO SALES INC -4TH QUARTER 89 MAINTENANCE AGREEMENT- COMMUNITY CENTER 54231 METROPOLITAN COUNCIL DIRECTORIES-RECREATION SUPERVISOR 54232 MIDWEST ASPHALT CORP BLACKTOP-STREET MAINTENANCE 54233 MINNEAPOLIS HEALTH DEPARTMENT LABORATORY TESTS-POLICE DEPT 54234 MINNESOTA COMMUNICATIONS CORP -SEPTEMBER 89 PAGER SERVICE-SEWER DEPT/ FIRE DEPT 54235 MN CONWAY FIRE & SAFETY -AIR MASK BAGS/EYTINQUISHER RECHARGING/ 0-RINGS/VALVE/PULL PIN-FIRE DEPT 54236 MINNESOTA SAFETY COUNCIL INC POSTERS-SAFETY DEPTMENT 54237 MN SUBURBAN PUBLICATIONS ADVERTISING-LIQUOR STORE 54238 LYNN MORRIS VOLLEYBALL OFFICIAL/FEES PAID 54239 MOTOROLA INC RADIO REPAIR-FIRE DEPT 54240 MTI DISTRIBUTING CO 25 BLADES-PARK MAINTENANCE 54241 NATIONAL SCREENPR1NT T-SHIRTS/TANK SHIRTS-PARK MAINTENANCE 54242 NATURAL GREEN INC IRRIGATION SYSTEM REPAIR-WATER DEPT 54243 STEVE NEWMAN SOFTBALL OFFICIAL/FEES PAID 54244 BETH NILSSON SKATING INSTRUCTOR/FEES PAID 54245 DOUG NORD SOFTBALL OFFICIAL/FEES PAID 54246 JP NOREX INC WATERMA1N REPAIR-HWY 5 & COUNTY RD 4 54247 NORTHERN ENGINE-EQUIPMENT MAINTENANCE 54248 NORTHERN STATES POWER CO SERVICE-BELL OAKS 2ND ADDITION 54249 NORTHLAND BUSINESS COMMUNCICATION DICTAPHONE REPAIR-POLICE DE P T 54250 NORWEST BANK MINNESOTA N A BOND PAYMENT RODS-PARK MAINTENANCE SOFTBALL OFFICIAL/FEES PAID LAB SUPPLIES-WATER DEPT EXPENSES-AQUATICS SUPERVISOR REFUND-OVERPAYMENT UTILITY BILLING COMPARABLE WORTH STUDY-HUMAN RESOURCES SERVICE-PLANNING DEPT MILEAGE-COMMUNITY CENTER EXPENSES-COUNCILMEMBER SOFTBALL OFFICIAL/FEES PAID SPRINKLER HEADS-FACILITIES DEPT -4TH QUARTER 89 POSTAGE METER RENTAL-CITY -HALL/MAINTENANCE AGREEMENT-FACILITIES DEPT/POLICE DEPT PAVER RENTAL-STREET DEPT TROPHIES-ORGANIZED ATHLETICS -CONNECTOR/HOSE CLAMPS/DRILL BIT/FUSES/CAR -WAX/RUST REMOVER/TIE/KEYS/KEY RINGS/ SCREWS-FIRE DEPT -FLY SWATTERS/STEEL CABLE/KEYS/SNAPS/PAINT -SUPPLIES/U CLAMPS/CORNER BRACES/WASHERS/ FLASHLIGHT/BATTERIES/BLADES-COMMUNITY CTR -ROPE/CLAMP/SCISSOR/SANDPAPER/NAILS/SPRAY -PAINT/BOLTS/INSECT SPRAY/SPIKES/PAINT -BRUSHES/OIL/DUCT TAPE/KEY/RUBBER GLOVES/ -PAINT ROLLERS/ELECTRICAL TAPE/KNIVES/ -WASHERS/CHALK/SAW BLADES/SPONGE/BROOM/ BUCKET-PARK MAINTENANCE 78.00 632.00 827.00 6.00 1404.81 266.60 104.00 333.25 233.11 146.40 81.00 246.30 179.59 179.59 417.61 15.00 317.00 120.00 5115.69 280.99 689.35 58.00 157438.75 5.60 303.00 90.00 8.32 40.22 100.00 1794.00 15.25 434.50 90.00 17.54 536.50 4972.50 32.00 55.62 128.93 454.47 17824849 2 10 54268 PRAIRIE HARDWARE 5, A PRAIRIE HARDWARE 54270 PRAIRIE HARDWARE 54271 PRAIRIE HARDWARE -VELCRO/SPONGE/SCREWDRIVER SET/CABLE CLIPS/ -CAR CLEANER/SPONGE/CHROME POLISH/RAZOR -BLADES/CAR WAX/BUG & TAR REMOVER-POL10E DEPT BOLTS/GLOVES/PAINT/MIRRORS-SEWER DEPT -BRUSHES/CLOCK/CLEANING SUPPLIES/HANDLES/ -SCRAPER/BOLTS/PREMIXED CEMENT/RAZOR BLADES/PAINT/INSECT SPRAY-STREET DEPT -CLEANING SUPPLIES/BATTERIES/TAPE/HOSE/ -PRESSURE GAUGES/SPRINKLER HOSES/NOZZLES/ -CONNECTIONS/HANDLE/SHOVEL/BOLTS/WIRE/ -POWER PAINTER/CHISEL/SLEDGE HAMMER/HAND MAULS-WATER DEPT 40.53 65.14 241.73 810.39 54272 111 it 111 1/ AWARDS-HUMAN RESOURCES 54273 11,1 111 1111 TELEPHONE REPAIR-FIRE DEPT 54274 111 CHEMICAL FEEDER REPAIR-WATER DEPT 54275 11 1111 EXPENSES-OUTDOOR CENTER PROGRAMS 54276 1 111111 EXPENSES-BUILDING DEPT 54277 /1 1111 1 1 1111 -CASH REGISTER MAINTENANCE AGREEMENT- LIQUOR STORE 54278 1 11 111 1 -TRUCK CHASSIS & HYDRAULIC AIR COMPRESSOR- -$10748.00-WATER DEPT/BLACKTOP ROLLER RENTAL-STREET MAINTENANCE 54279 1 11 HI FIRST AID RESCUE EQUIPMENT-FIRE DEPT 54280 111 11 -ALTERNATOR/STARTER/GENERATOR REPAIR- EQUIPKENT MAINTENANCE 54281 ROLLINS OIL CO GAS/DIESEL FUEL-EQUIPMENT MAINTENANCE 54282 RUFFRIDGE JOHNSON EQUIPMENT CO IN STREET FLUSHER TRUCK-STREET DEPT 54 1 83 SAVOIE SUPPLY CO INC CLEANING SUPPLIES-WATER DEPT ' 4 SCHMIDT READY MIX INC CEMENT-STREET MAINTENANCE 5,,d5 KEVIN SCHMIES -JUNE & JULY 89 EXPENSES-BLDG INSPECTIONS DEPT/SAFETY DEPT/FACILITIES DEPT 54286 SUPERINTENDENT OF DOCUMENTS SUBSCRIPTION-BUILDING DEPT 54287 SEELYE PLASTICS INC CHEMICAL FEEDER REPAIR-WATER DEPT 54288 JESSICA SELISKI TEEN VOLUNTEER WAGES 54289 SETON NAME PLATE COMPANY SIGNS/LABELS/TAGS-WATER DEPT 54290 SETTER LEACH & LINDSTROM INC SERVICE-COMMUNITY CENTER REPAIR 54291 SHAFER CONTRACTING CO SERVICE-SALES TAX REFUND 54292 SNAP ON TOOLS CORP -SCREWDRIVER-EQUIPMENT MAINTENANCE/PLIERS- FIRE DEPT 54293 SNYDER DRUG STORES INC -FILM/RING BINDERS/BUBBLES/STRAWS/BALLS/ -FRISBE/BATTERIES-SPECIAL EVENTS/TRIPS/ -DAY CAMP/TEEN WORK PROGRAM/ROUND LAKE MARINA/RECREATION SUPERVISOR 54294 SNYDER DRUG STORES INC EXPENSES-POLICE DEPT 54295 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS-BUILDING DEPT/COMMUNITY CTR 54296 SOUTHWEST SUBURBAN PUBLISH INC ADVERTISING-LIQUOR STORES 54297 SPECTRUM SAFETY CONSULTANTS INC -WATER SAFETY & FIRST AID TRAINING/FEES PAID 54298 SPS COMPANIES COUPLING-PARK MAINTENANCE 54299 STARS RESTAURANT EXPENSES-CITY HALL 54300 STANDARD SPRING CO REBUILD REAR AXLES-WATER DEPT 54301 STEVE STENSGAARD AWARDS-ORGANIZED ATHLETICS 54302 STREICHERS PROFESSIONAL POLICE EQ -LIGHTBAR/SWITCH CONTROL CENTER/HOLSTERS/ -AMMUNITION/GUN CLEANING SUPPLIES/SIGNAL 8627873 81.46 185.00 685.81 78.30 15.00 1117.20 11142.00 100.83 253.73 14257.02 27916.00 18.60 678.32 400.00 71.00 78.76 35.00 128.95 686.02 24373.00 86.15 89.17 5.97 82.36 486.95 400.00 13.67 130.82 282.10 286.00 955.75 g 311 -MOUNT KIT/SIGNAL-SEWER DEPT/EQUIPMENT MAINTENANCE/POLICE DEPT 54303 SUBURBAN CHEVROLET -GASKETS/CLUTCHES/HOSES/GENERATORS/GEAR/ 1235.25 -MANIFOLD/SWITCHES/DOOR REPAIR/PLATE -ASSEMBLY/DISTRIBUTOR CAP/COIL ASSEMBLY/ -ROTOR/AIR CONDITIONING REPAIR-EQUIPMENT MAINTENANCE 54304 SUPPLEE ENTERPRISES INC SOAP/AIR FILTER-LIQUOR STORE 26.19 54305 SUPRA COLOR INC FILM-POLICE DEPT 75.45 54306 TARGET STORES -FOLDERS/PENCILS/PENS/MARKERS/CUPS-DAY 23.38 CAMP 54307 TIRES FOR WET SPOTS TIRE CHIPS-CITY WEST PARKWAY 14210.00 54308 TRIARCO ARTS & CRAFTS INC CRAFT STICKS-DAY CAMP 28.00 54309 TURF PRO INC SERVICE-MOWING-FORESTRY DEPT 787.50 54310 TURF SUPPLY CO GRASS SEED/FERTILIZER-PARK MAINTENANCE 3971.25 54311 TURNQUIST PAPER CO PAPER TOWELS-FACILITIES DEPT 281.30 54312 TWIN CITY OXYGEN CO ACETYLENE-EQUIPMENT MAINTENANCE 18.60 54313 UNIFORMS UNLIMITED UNIFORMS-FIRE DEPT 260.20 54314 UNITED LABORATORIES INC CLEANING SUPPLIES-WATER DEPT 298.70 54315 UNIVERSITY OF MINNESOTA SERVICE-ANIMAL CONTROL 25.00 54316 VAN WATERS & ROGERS CHEMICALS-WATER DEPT 1862.50 54317 SUSAN VAN SANT -SUNBONNET DAY SIGN-HISTORICAL & CULTURAL 1307.20 COMMISSION 54318 NEIL VASILAKES REFUND-OVERPAYMENT UTILITY BILLING 22.60 54319 VESSCO INC CARBON DIOXIDE FEEDER REPAIRS-WATER DEPT 1169.72 54320 WALDEN BROS LUMBER PLYWOOD-HISTORICAL & CULTURAL COMMISSION 227.4 0 54321 WALRAVEN BOOK COVER COMPANY POCKET FOLDERS/BOOK COVERS-FIRE DEPT 1025.38 54322 WATER PRODUCTS CO -ROD EXTENSIONS/METER CONNECTIONS/NUT & 929.24 -HOSE SPANNERS/MASONRY SAWBLADE/COUPLING -GASKET/REPAIR LID/FLANGE GASKETS-WATER DEPT 54323 WATSON FORSBERG CO SERVICE-FIRE STATIONS #2 & #3 5450.00 54324 SANDRA F WERTS MILEAGE-SENIOR CENTER 73.20 54325 WILLIAMS MECHANICAL SERVICE INC STEMS/BEVEL WASHERS-WATER DEPT 26.58 54326 SHELLY W1TTCOFF TEEN VOLUNTEER WAGES 40.00 54327 ZEE MEDICAL SERVICE FIRST AID SUPPLIES-CITY HALL 85.80 54328 ZIEGLER INC PUMP-EQUIPMENT MAINTENANCE 46.08 54329 BARTON ASCHMAN ASSOCIATES INC SERVICE-MCA TRAFFIC SIGNALS 115190.50 53115 VOID OUT CHECK 300.00- 53676 VOID OUT CHECK 13000.00- 53736 VOID OUT CHECK 127.44- 53959 VOID OUT CHECK 3408.47- 53984 VOID OUT CHECK 66.28- 53989 VOID OUT CHECK 117.00- 53994 VOID OUT CHECK 307.50- 53740 VOID OUT CHECK 20.66- 13 134967 $1525160.75 291 DISTRIBUTION BY FUNDS 713625.70 28504.44 98072.13 83992.92 33149.75 3325.00 5450.00 64670.00 92768.75 341.50 565000.16 74481.15 2006.59 2648.55 119741.00 4086.36 8923. 75 24373.00 10 GENERAL 11 CERTIFICATE OF INDEBT 15 LIDUOR STORE-F' V M 17 LIQUOR STORE-PRESERVE 31 PARK ACOUIST & DEVELOP 33 UTILITY BOND FUND 79 86 FIRE STATION CONST 43 77 FIRE DEBT FUND 44 UTILITY DEBT FUND 45 UTILITY DEFT FD ARB 51 IMPROVEMENT CONST FD 73 WATER FUND 77 SEWER FUND 81 TRUST & ESCROW FUND 82 FIRE RELIEF FUND 87 CDBG FUND es MUNICIPAL LEGISLATIVE COMMISSION 90 TAX INCREMENT FUND X1525160.75 A313 September 12, 1989 TO: Carl Jullie FROM: Keith Wall SUBJECT: FIREARMS ORDINANCE The attached memo lists some changes in the firearms ordinance that we feel would be acceptable for the long term, particularly the firearms discharge area. However, we do recognize that there are some other areas where shotguns with bird shot and bow and arrows could be used for the short term with relative safety. These areas are included in the new ordinance now under consideration. The ordinance as written is manageable from our perspective. July 6, 1989 TO: CARL JULLIE THROUGH: KEITH WALL FROM: JAMES CLARK SUBJECT: FIREARMS CODE REVISIONS Last September, the City Council revised the hunting areas as defined in City Code 9.40. This was in response to city growth forcing the closure of hunting areas. At that meeting, it was clear that the council felt the hunting areas should be evaluated with the future in mind. It should be noted that public feedback to the publicity surrounding the last revision was limited to 15 calls - 13 asked if they could hunt, 2 were upset that they could not hunt in areas that they previously hunted. The current code has been revised numerous times and there are also council resolutions that apply to hunting. As we revise it, it may be appropriate to "clean up" the entire code. At this time, we would recommend the following revisions: - Discharge of firearms be limited to the Minnesota River Valley south of HIghway 169 and south of Riverview Road with the following exceptions: - 1. "lawful defense of person, property or family or in the necessary defense of enforcement of laws. - 2. By police officer in normal course of duty including but not limited to training. - 3. By council approval when in the best interests of public safety for wildlife management purposes, i.e., currently M.A.C. shoots birds to minimize risks to aircraft. - 4. At approved archery ranges where only target tipped arrows are used. Council may also want to include language that allows them to issue blanket permits in the hunting area. The U. S. Fish & .1,3 litN* Wildlife Service (Terry Shriner) tells us that approximately 1500 permits are issued in the Bloomington/Burnsville area to control deer population. I can provide additional information regarding the reasons for this hunting if needed. ,Z,316) SEPTEMBER 13, 1989 TO: CHIEF WALL FROM: DONNA SUBJECT: HUNTING SURVEY As you requested, I contacted the following cities to inquire about their hunting regulations. The results are as follows: BLOOMINGTON EAGAN PLYMOUTH MAPLE GROVE SHAKOPEE CHAMPLIN NO HUNTING ALLOWED NO HUNTING ALLOWED NO HUNTING ALLOWED BOW AND ARROW ONLY - NO SHOTGUNS SHOTGUN ALLOWED - BIRD SHOT ONLY HUNTING ALLOWED ONLY ON ONE 40-ACRE PLOT IN THE CITY. SHOTGUN IS ALLOWED WITH BIRD SHOT ONLY THEY ONLY ALLOW BOW AND ARROW HUNTING THEY ALLOW BIRD SHOT ONLY IN ONE SHALL AREA. BLAINE CHASKA ;31() 27- ORDINANCE NO. 89 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDIN G CITY CODE CHAPTER 9, SECTION 9.40 RELATING TO THE DISCHARGE O F FIREARMS, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99, WHICH AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS: THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 9, Section 9.40 shall be and is amended to read as follows: "SECTION 9.40. FIREARMS REGULATION. Subd. 1. Declaration of Policy. It is hereby found and declared that inasmuch as the City is a developing community wherein the land uses are becoming more intense thus reducing the amount of open land available for the discharge of firearms and dangerous weapons and that it has become necessary to limit the discharge of firearms and dangerous weapons to certain areas in the community in which it will not pose a hazard to the safety of others. Subd. 2. Definitions. Terms used in this Section shall have the following meanings: A. "Approved Archery Ranges" means those ranges which have been approved by the City Manager or designee where special target-tipped arrows are used. B. "Dangerous weapon" means any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm. C. "Discharge of firearms" means any shooting whether it be for hunting game, target practice or otherwise. D. "Shotgun shotshell" means a shell fired in a shotgun containing multiple shot. -1- E. "Shotgun slug" means a shell fired in a shotgun containing one slug, ball, or other single projectile. Subd. 3. Permit Required for Discharge of Firearms or Dangerous Weapons. No person may fire or discharge a firearm or discharge or use any dangerous weapon within the City without first securing a permit to do so from the City. A. Areas Where Permitted. a. A permit may be granted to discharge firearms or dangerous weapons, except shotguns firing shotgun slugs, only in the following areas: (1) In that part of the City, West and South of the following line: commencing at the intersection of Hennepin County Road 1 and a line ("Line A") parallel to and 1600 feet West of the East line of Sections 27 and 34, Township 116, Range 22, then South along Line A to River Road, then East along River Road to the East line of Section 34, then South along the East line of Section 34 to the southerly line of the City and there terminating; South of Hennepin County Road 1; North of the southerly line of the City and East of the westerly line of the City. (2) In that part of the City which is Section 18 and Section 19, Township 116, Range 22, for the remainder of 1989 when the landowner is present. (3) In areas approved by the City Council where the issuance of a permit is for the purpose of wildlife management and is in the best interest of public safety. b. A permit may be granted to discharge shotguns firing shotgun slugs only in the following areas: -2- g,319 (1) Commencing at the intersection of Trunk Highway 169-212 with the westerly border of the City; then easterly along Trunk Highway 169-212 to Riverview Road; then easterly along Riverview Road to the East line of Section 34, Township 116, Range 22, then South along said East line to the Minnesota River to the westerly border of the City; then along the westerly border of the City to the point of beginning -- in accordance with the following: (i) Permits for the discharge of shotgun slugs shall not at any time exceed 15 each for that part of the area West and that part of the area East of a line beginning at the intersection of Indian Road with Trunk Highway 169-212 extending southerly along Indian Road to a point where Indian Road turns westerly and then South to the Minnesota River. (ii) The land on which any holder of a permit may discharge a shotgun slug within the area bordering on Highway 169-212 shall be posted with signs prohibiting hunting without permission of the owner situated not greater than 500 feet from each other. B. Application For Permit. A permit may be issued to individuals who comply with the following criteria: (1) Persons over eighteen (18) years of age may apply for an individual permit to discharge a firearm or dangerous weapon. Persons under eighteen (18) years of age may apply for a permit to discharge a firearm or dangerous weapon if at the time of such discharge or use, the youth is accompanied by an adult parent or legal guardian. (2) An application for a permit shall be filed in writing on forms provided by the City and accompanied by a fee determined by City Council resolution. No fee shall be required for a permit for a landowner, his immediate family, or his guests, to discharge a firearm or dangerous weapon on property owned by himself. (3) A landowner may obtain a guest permit for a maximum of four (4) guests, who must be accompanied by said landowner. (4) The application shall include at least the following information: a) Type of firearm or dangerous weapon to be discharged. b) Location of the property on which the discharge of the firearm or dangerous weapon will occur. c) The permission and signature of the landowner or designee on whose property the discharge of the firearm or dangerous weapon will occur. d) Such other information as may be deemed necessary by the City Manager or designee in order to pass upon such application. C. Limitations on Permits. Permits issued for the discharge of firearms or dangerous weapons shall be subject to the following limitations: (1) The property upon which the discharge will occur shall be at least forty (40) contiguous acres. (2) The holder of a permit shall not discharge a shotgun slug within fifteen hundred (1500) feet of a building or a roadway. (3) The holder of a permit shall not discharge a shotgun shotshell within one thousand (1000) feet of a building or a roadway. -4- (4) Permits issued for the discharge of firearms or dangerous weapons shall be limited to the use of bows and arrows, B-B guns, shotgun shells, and shotgun slugs. (5) An individual who is hunting pursuant to a guest permit must be accompanied by the landowner. (6) Permits issued for the discharge of shotgun slugs shall be limited to those times permitted for hunting deer by the Minnesota Department of Natural Resources. Permits issued for the discharge of other dangerous weapons shall be restricted to the calendar year during which the permit was issued. Subd. 4. Approved Archery Ranges. A permit is not required for the discharge of special target-tipped arrows at approved archery ranges. The use of crossbows are prohibited from approved archery ranges. Subd. 5. Cancellation of Permit. A violation of the provisions of this Section or any permit issued here- under on any property for which the permit has been issued may result in the cancellation of all permits for the discharge of weapons or firearms on such property and the denial of applications for permits on such property. Subd. 6. Lawful Defense of Person, Property or Family. Nothing herein shall be construed to prohibit any firing of a gun, pistol or other weapon when done in lawful defense of person, property or family or by law enforcement personnel executing their official duties. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99 entitled "Violation A Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1989, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the _ day of , 1989. ATTEST: City Clerk Mayor Published in the Eden Prairie News on the , 1989. day of -6- CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-205 WHEREAS, the term of Glenn G. C. Olson on the Metropolitan Transit Commission is expiring, and WHEREAS, he has demonstrated his ability to work effectively in public affairs and has served as Vice Chair of the Metropolitan Transit Commission and as Chairman of the Finance and Administration Committee, and WHEREAS, he has been a dedicated at-large representative of the suburban communities in the metropolitan area; and WHEREAS, the City of Eden Prairie is vitally concerned about the continuity of responsible leadership on the Metropolitan Transit Commission because the MTC provides transit services under contract to the Southwest Metro Transit Commission; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, that it hereby nominates Glenn G. C. Olson for reappointment; and BE IT FURTHER RESOLVED that the Eden Prairie City Council urges the Regional Transit Board to approve the reappointment of Glenn G. C. Olson to the Metropolitan Transit Commission. 1989. ADOPTED by the Eden Prairie City Council this 19th day of September, Mayor Gary D. Peterson SEAL John D. Frane, City Clerk Q3,2q E F- - - LA L., Li Glenn G. C. Olson Appointment to the Metropolitan Transit Commission Home Address: Business Address: 21690 Fairview St. NSP - 414 Nicollet Mall Greenwood, Minn. 55331 Minneapolis, Minn. 55401 (612) 474-6838 (612) 330-5975 General Qualifications Demonstrated ability to work in a public affairs environment. Extensive experience as a member of public bodies. Presently serves as Vice Chair of the Metropolitan Transit Commission and Chairman of Finance and Administration Committee. Major Activities 'Worked with MTC staff to update the criteria for implementing new services and evaluating the cost effectiveness of existing routes. 'Supervised the first competitive bidding of bus service by MTC. This permits MTC to continue in service routes that would exceed subsidy per passenger standards and insures that bid service is coordinated with other MTC routes. "Worked to relieve overloads on MTC peak hour buses that serve suburban areas. MTC ridership grew in 1988 after years of stability or decline. 'Accomplished implementation of a fare restructuring program. "Worked on replacement of MTC fleet. Average fleet age has dropped to seven years by purchasing about 125 new buses yearly. Record of Public Service 'Currently serving on the Metropolitan Transit Commission. Appointed in 1986 to represent suburban communities. 'Appointed Chairman of MTC's Advisory Committee of Transit, 1976. Served for 10 years. 'Appointed to MTC to represent Minneapolis, 1972-74. 'Greenwood City Council, 1977. 'Minnetonka School Board, 1977-82. Chairman, 1979-82. 'Metropolitan Council, 1967-71. 'Minneapolis City Council Member, 1963-67. President, 1965-67. ProfessionalHistory Administrator for Northern States Power Company; since 1980, Metropolitan Governmental Affairs. 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: September 11, 1989 SUBJECT: Ordinance Amending the Snowmobile Ordinance and the Recreation Vehicle Ordinance Attached is Ordinance No. 89-34 Amending the Snowmobile Ordinance and the Recreation Vehicle Ordinance. With this new ordinance, snowmobiles are allowed only on the snowmobile trail within the City. Snowmobilers will no longer be able to ride a snowmobile from their home to and from this trail. Anyone wishing to ride on this trail must trailer the snowmobile to a trail head site and enter the snowmobile trail from that location. A trail head will be maintained at the riding arena parking lot on Spring Road, south of County Road 1. Snowmobiles will still be able to operate on City streets during emergencies when snow upon the roadway renders travel by automobile impractical. The other major change this ordinance makes relates to the use of any recreational motor vehicle (snowmobile, all terrain vehicle, motorcycles, etc.) upon frozen waters within the limits of the City. Upon the adoption of this ordinance it will be a misdemeanor for any person to operate a recreational vehicle on any frozen waters within the City. These are major changes to the laws regulating snowmobiles and other recreational vehicles within the City and will require extensive education of the public for these to be effective. Hopefully, the local newspapers will provide good coverage to these changes at this time and again in November or December when we experience that first heavy snowfall. City staff will be post signs at all access points to City lakes and will request that the Snowmobile Club assist the City in notifying snowmobile owners of these revised changes to our ordinance. BL:mdd 34- ORDINANCE NO. 89- AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 7, SECTION 7.06, SUBD. 2 TO LIMIT THE OPERATION OF SNOWMOBILES WITHIN THE CITY; AMENDING SECTION 7.07 TO PROHIBIT THE OPERATION OF RECREATIONAL MOTOR VEHICLES ON FROZEN WATERS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 7.99, WHICH AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS: THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 7, Section 7.06, Subd. 2 shall be and is amended to read as follows: "SECTION 7.06. SNOWMOBILES. Subd. 2. Operation on Streets and Highways. A. It is a misdemeanor for any person to operate a snowmobile within the right-of-way of any trunk, County State-aid, County highway, or other street or roadway within the City of Eden Prairie, except as hereinafter permitted. B. A snowmobile may make a direct crossing of a highway or street when it is on an approved snowmobile trail and provided: 1. The crossing is made at an angle of approximately 90 degrees to the direction of the highway or street and at a place where no obstruction prevents a quick and safe crossing. 2. The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway or street. 3. The operator yields the right-of-way to all oncoming roadway traffic and pedestrians. 4. In crossing a divided street or highway, the crossing is made only at an inter- section of such street or highway with another street or highway. 5. Both front and rear lights are on if the crossing is made between the hours of one-half hour after sunset to one-half hour before sunrise or in conditions of reduced visibility. C. Notwithstanding any prohibition in this Section, a snowmobile may be operated on a public thoroughfare in an emergency during the period of time when and at locations where snow upon the roadway renders travel by automobile impractical." Section 2. City Code Chapter 7, Section 7.07 shall be and is amended to read as follows: "SECTION 7.07. RECREATIONAL MOTOR VEHICLES. It is a misdemeanor for any person to operate a recreational motor vehicle upon frozen waters within the limits of the City. The definitional and regulatory provisions of Minnesota Statutes, Section 84.90, are hereby incorporated herein and adopted by reference including the penalty provisions thereof." Section 3. City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 7.99 entitled "Violation A Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the_____ of . 1989, and finally read and aid and ordered published at a regular meeting of the City Council of said City on the day of , 1989. ATTEST: City Clerk Mayor Published in the Eden Prairie News on the 1989. day of aa-a CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #89-204 RESOLUTION APPROVING THE PRELIMINARY PLAT OF BURNETT ADDITION FOR TRANSTAR BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Burnett Addition for Transtar, dated September 15, 1989, consisting of 4.57 acres into 9 single family lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 19th day of September, 1989. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Cleri! 232q September 5, 1989 City Council Members City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344-3677 SUBJECT: Burnett, Nelson and Hus t a d A d d i t i o n s ATTENTION: Members of the City C o u n c i l We are writing to express our con c e r n s i n r e l a t i o n t o proposed developments along Benn e t t P l a c e . T h e r e a r e m a n y children in the neighborhood and o u r m a j o r c o n c e r n i s o n e o f safety. We are not opposed to th e d e v e l o p m e n t s , b u t w e a r e concerned about the increased tra f f i c i t w i l l c a u s e o n Bennett Place. We have continuall y b e e n c o n c e r n e d a b o u t t h e speed of traffic on this road. La s t y e a r , w e a s k e d t h e C i t y to install signs indicating "chil d r e n a t p l a y " a n d t h e C i t y refused saying these can only be e r e c t e d n e a r p l a y g r o u n d s o r schools. The City did, finally, p u t u p 3 0 M . P . H . s p e e d l i m i t signs, but drivers continue to ex c e e d t h i s l i m i t . T h e P o l i c e have indicated they will monitor t h e s i t u a t i o n . T h e C i t y Planning Commission heard much te s t i m o n y a b o u t t h i s p r o b l e m at their August 28, 1989 meeting a n d t h e y d i d r e c o m m e n d t h a t the City review the problem. We understand that the proposed s i t e f o r t h e n e w i n t e r s e c t i o n with Bennett Place meets the visi b i l i t y g u i d e l i n e s f o r a 3 0 M.P.H. speed limit. It is our op i n i o n , h o w e v e r , t h a t vehicles constantly exceed the po s t e d s p e e d l i m i t s o n B e n n e t t Place and that at these higher sp e e d s l o n g e r v i s i b i l i t y distances should be required. For safety concerns, we would enco u r a g e t h e C i t y t o p o s t s t o p signs at the intersection of Benne t t P l a c e a n d t h e n e w r o a d . A 3-way stop sign would slow the t r a f f i c o n B e n n e t t P l a c e a n d make for a safer intersection. We understand that you will cons i d e r a p p r o v i n g t h e s e p l a n s for development at the September 1 9 , 1 9 8 9 C i t y C o u n c i l meeting. We would invite you to c o m e a n d l i s t e n t o o u r concerns at a neighborhood meetin g o n M o n d a y , S e p t e m b e r le, 1989, 7:00 P.M., at 9947 Bennett P l a c e , E d e n P r a i r i e . I f y o u have any questions, please contac t J a n e K e l l y a t 9 4 4 - 7 8 0 3 . Thank you for your consideration o f o u r c o n c e r n s . Sincerely, Concerned Neighbors a340 E 11 PLANNING DEPT. AUG 2 2 1969 CITY OF City of Eden Praf,IXN MAMIE Planning Commission 7600 Executivte Drive Eden Prairi -64.1MN 55344-3677 •n•nn•••• August 21, 1989 Patrick J. Finnegan 9925 Bennett Place Eden Prairie, MN 55347 Subject: Burnett Addition Attention: Members of the City Planning Commis s i o n I am writing to express my concerns in relatio n t o t h e p r o p o s e d development known as Burnett Addition which yo u a r e s c h e d u l e d t o consider at your August 28, 1989 meeting. My wife and I have 3 young children (ages 4, 8 , a n d 1 1 ) a n d l i v e at 9925 Bennett Place which is directly across B e n n e t t P l a c e from the proposed development. Our major conce r n i s f o r t h e safety of our children and the children in the n e i g h b o r h o o d . We are not opposed to the development but we ar e c o n c e r n e d a b o u t the increased traffic it will cause on Bennett P l a c e . W e h a v e continually been concerned about the speed of t r a f f i c o n t h i s road. Last year we called and asked the City t o i n s t a l l s i g n s indicating "children at play" and the City refu s e d s a y i n g t h e s e can only be erected near playgrounds or school s . T h e C i t y d i d finally put up 30 M.P.H. speed limit signs but d r i v e r s continuously exceed this limit. The Police have indicated they will monitor the situation. We understand that the proposed site for the ne w i n t e r s e c t i o n with Bennett Place meets the visibility guidel i n e s f o r a 3 0 M.P.H. speed limit. It is our opinion, howeve r , t h a t v e h i c l e s constantly exceed the posted speed limits on B e n n e t t P l a c e a n d that at these higher speeds longer visibility d i s t a n c e s s h o u l d be required. The proposed access road into the development w i l l c o m e d i r e c t l y at our driveway. I would encourage your consi d e r a t i o n o f m o v i n g this road north at least 25 feet. The road would then face the side of our neighbor's shed. This would also d e c r e a s e t h e amount of headlights shining into our house as v e h i c l e s t u r n onto Bennett Place. For safety concerns we would encourage the Cit y t o p o s t s t o p signs at the intersection of Bennett Place an d t h e n e w r o a d . A 3-way stop sign would slow the traffic on Benn e t t P l a c e a n d m a k e it a safer intersection. Thank you for your consideration of our concern s . Sincerely, P trick J Finnegan g?3I -MEMORANDUM- TO: Mike Franzen, Senior Planner FROM: Rodney W. Rue, Design Engineer UJR SUBJECT: Burnett Addition DATE: September 14, 1989 In response to the request for a three-way stop condition at the intersection of Bennett Place and the new street within the Burnett Addition, this intersection would not likely meet warrants for a three-way stop. Minimum volumes entering the intersection must average at least 500 vehicles per hour for the highest eight (8) hours of an average day. Also, the minor street must average at least 200 vehicle and pedestrian units per hour for the same eight hours. If sight distance was a problem, tnat may be justification for a stop sign, however, in this situation it doesn't appear to be warranted since the sight distance is adequate. In regards to the speeding issue, the City has not conducted a speed survey in this area. However, in my opinion, speeding would tend to be more of a problem for southbound vehicles in the area of the steep grade rather than northbound vehicles, which is the traffic that is of concern for sight distance. Therefore, we would not recommend a three-way stop in this location based on anticipated volumes being less than the minimums required and sight distance being adequate. At no time should speeding be the only criteria in determining the need for a multi-way stop situation. RWR:ssa nr3 lk 150 7 ".Z.; (32) 193 J §o ( 35) • ( 36) ( 28) 93.35 91.35 52.96 YID NOLA Dm ) 55937 44•E 85 6. rsi-.T4 _ 4 2 A mezpx.2..., (40)1(41)1 442 589.31 . 85 rtc 13i.14 13 1:1.=17.Z.72 1 ee. (N)) 0 106.15 156. 88 153 5 Tr. 6 (31) 3 5 Kr, (43) BURNETT ADDITION ....•••••.•;4•2.:•:•••••••:•: ..,0-1•6166.46 064) E 5 S ( 13)V..8 • ( 15) 4.6 ao 11 BLUFFS WEST 8TH ADDITION itarzumr-- SLIESTENN, 1s2 mnm A (35), (39) k Vlirr So.0i; (4.1 12 (i6) 8 elf 'W m .4J35.93 01 .1n• din/ ra (32) ga' (35) •• 24402X 8 :It 4;(79r irr„.4 Abit ty of Edan Prairie 0:n ,ce: 76 ---xecutive Drive • Eden Prairie, MN 55344-3677 • Telephone (612) 937-2262 LT ( 1 1 -c-711-7 1 r .=-411-7 i."•* _ NOTICE TO RESIDENTS AND LANDOWNERS PLEASE NOTICE THAT THERE ARE 3 PUBLIC HEARING NOTICES ENCLOSED IN THIS ENVELOPE. IF YOU WILL REFERENCE THE MAP TO THE RIGHT, YOU WILL SEE THAT THE THREE PROJECTS ARE ALL ADJACENT TO EACH OTHER. - BECAUSE THESE PR CTS ARE RELATED IN MANY WAYS, AND BECAUSE THE DEVELOP - MENT OF EACH WILL LIKELY IMPACT THE OTHER, ALL THREE ARE BEING CONSIDERED AT THE SAME TIME -- MONDAY, AUGUST 28TH, AT 7:30 P.M., IN THE CITY HALL COUNCIL CHAMBERS. PLEASE CALL THE PLANNING DEPARTMENT AT 937-2262 IF YOU HAVE ANY QUESTIONS AB THESE PROJECTS OR THE MEETING. NELSON ADDITION g 33A STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning DATE: August 25, 1989 SUBJECT: Burnett Addition APPLICANT: Transtar Corporation . FEE OWNER/ APPLICANT: Carol Burnett LOCATION: West of Bennett Place, south of Creekridge Drive REQUEST: A Preliminary Plat of 4.57 acres into 9 single family lots. Background This site is currently guided Low Density Residential for up to 2.5 units per acre. The site is currently zoned R1-13.5. This property was zoned in 1979 as part of the Creekview Estates single family subdivision. Surrounding existing uses are single family homes. Site Plan The site plan depicts the subdivision of 4.57 acres into 9 lots at a density of 1.97 units per acre. Surrounding densities are 2.0 units per acre for Creekview, 2.0 units per acre for Holland Addition, 2.2 units per acre for Blossom Ridge and 2.49 units per acre for Nelson Addition. All proposed lots in the subdivision meet the minimum requirements of the R1-13.5 Zoning District. Overall access for this area is a road connection between Bennett Place and Purgatory Road. This helps distribute neighborhood traffic and provides better Burnett Addition 2 August 25, 1989 emergency vehicle access to the neighborhood. Access to Lots 7 and 8 was initially envisioned as part of a previous overall road plan (See Attachment A) to be from a cul-de-sac off the extension of the east/west road through the Hustad property south and west of this proposed subdivision. Since the cul-de-sac to the south was eliminated to save trees and topography, ten feet less cut is necessary on the Burnett property. The raising of the grade on the Burnett property makes a cul-de- sac extension to Lots 7 and 8 impractical due to steep road grades and sewer depth. Also to extend the cul-de-sac as originally envisioned would result in approximately 60% tree loss. (A detailed tree inventory was not available when the overall road layout was first evaluated.) It is possible to extend the cul-de-sac within the Burnett property to the west to Lots 7 and 8 with all lots meeting Code, but grading from the cul-de-sac and house pads would be as significant as the cul-de-sac extension from the south. A private drive between Lots 4 and 5 can provide access and minimize grading and tree loss. (See Attachment B) The location of this east/west road access on Bennett Place is based on site vision distance for a 30 mile per hour design speed. The line of site to the left (north) should be a minimum of 350 feet and to the right (south) a minimum distance of 250 feet. The site vision distance to the north is 1200 feet and to the south is 294 feet. The road intersection at Bennett Place is directly opposite the front window of the single family residence. To minimize glare from headlights at night, it is recommended that the road be shifted a minimum of 20 feet to the north. Prior to review by the City Council, the proponent shall provide a revised site plan which shifts this roadway to the north and includes the relationship to homes across the street. Site Grading and Tree Loss Initial site grading is proposed to be confined to the construction of the roads. A grading plan is necessary for the house pads which shows driveway locations and grades. This is necessary to more accurately evaluate tree loss on the property. A preliminary estimate indicates a total of 1213 significant trees and 367 inches of tree loss or 30%. This is slightly higher than the 26% average tree loss for 32 subdivisions approved with tree replacement. When tree loss exceeds 35%, alternative site plans should be explored for the site. Prior to any grading work on the property, a snow fence must he placed at the construction limits behind all houses which indicates where trees are to be saved on the property. Utilities Sewer and water service is available to this site by connection to utilities in Bennett Place. Storm water run-off is proposed to drain in a southeasterly direction through a series of storm sewer pipes into Purgatory Creek. This site is part of a 30 acre watershed area. The proponent must provide the Engineering Department with storm drainage calculations in order to evaluate if the proposed pipe sizes are adequate to handle the storm water run-off. Sidewalks aBq Burnett Addition 3 August 25, 1989 Sidewalks Atttachment C represents the overall trail system as recommen d e d b y t h e P a r k s a n d Recreation Staff. As it affects this subdivision, a 5 foot wi d e c o n c r e t e s i d e w a l k should be constructed along the north side of the propos e d e a s t / w e s t s t r e e t extension. Staff Recommendations The Planning Staff would recommend an approval of plat of 4.57 acres into 9 single family lots based subject to the recommendations of the Staff Report to the following conditions: 1. Prior to City Council review proponent shall: the request from the preliminary on pl ans dated August 11, 1989 dated August 25, 1989 and subject A. Revise the site plan to shift the proposed road intersection w i t h Bennett Place approximately 20 feet to the north. B. Revise the site plan according to Attachment B for a private r o a d access to Lots 7 and 8. C. Provide a tree replacement plan based on 146 inches. D. Provide a grading plan for the house pads and driveways. 2. Prior to Final Plat approval, proponent shall: A. Submit detailed storm water run-off and erosion control plans f o r review for the Watershed District. B. Submit detailed storm water run-off, utility and erosion cont r o l plans for review by the City Engineer. 3. Prior to building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Provide plans for review by the Fire Marshal. 4. Concurrent with street and utility construction construct a fi v e f o o t w i d e concrete sidewalk along the north side of the interior east/west r o a d . 5. Prior to grading, proponent shall stake the proposed constru c t i o n l i m i t s with a snow fence. Proponent shall notify the City and Watershe d D i s t r i c t a minimum of 48 hours in advance of grading in order for erosion c o n t r o l a n d construction limit fencing he inspected according to the approve d p l a n . 6. Apply for and receive Board of Appeals variances for the fl a g l o t s a n d access of a private drive. Overall Road Plan 1988 Attachment A 5a(p I •n•••••• •-rf • U. TIM — Cant CONT ano.PIP C0.11 l•••41..w •••••• • 0-11,.n 04.1 .1Vr.• .011 ••••••• CU. 1.••••n18.11, F ag Lots - Road Shift Attachment B \\ " \N,Side walk g _=Trails Attachment C I G. C. BENTLEY ASSOC., INC. 3209 W. 76th St., Suite 209 Edina, MN 55435 (612) 897-1919 September 1, 1989 Mr. Chris Enger CITY OF EDEN PRAIRIE 7600 Executive Dr. Eden Prairie, MN 55344 Dear Chris: °CP 1989 ), As you know, John Teman has expresse d h i s d i s p l e a s u r e upon numerous occasions with the over a l l t r e a t m e n t o f t h e Ciatti's building, its attendant scre e n i n g , a n d t h e p r o b l e m s in getting them and the property's de v e l o p e r t o c o n f o r m w i t h necessary requirements. Since Mr. Te a m a n ' s c o n c e r n s h a v e been tangentially addressed by Ciatti ' s , e t a l , a n d • s i n c e M r . Teaman has not seen, or is unaware of s i g n i f i c a n t e f f o r t s o n the part of the City to enforce corre c t i v e a c t i o n i n a t i m e l y manner, he has asked me to intervene o n h i s b e h a l f . The primary concern is one of screen i n g . T h e l o a d i n g and trash area immediately behind Ciat t i ' s i s p o o r l y k e p t , and the common sight of unloading truc k s i s n o t a d e q u a t e l y screened from surrounding properties. W h i l e s o m e e f f o r t h a s been made to clean up garbage around t h e d u m p s t e r , t h e r e i s still trash stacked on the ground near t h e d u m p s t e r . Obviously, various rodents (including r a c c o o n s ) a r e a t t r a c t e d to messy garbage areas causing a poten t i a l p u b l i c h e a l t h problem. This area must be cleaned up a n d r e m a i n c l e a n a t all times, even if screened from vie w . Due to the location of the access roa d i m m e d i a t e l y across the street from Mr. Teman's pro p e r t y , t h e b a c k o f the building is very visible. Conduit, p i p e s , a t r a s h c o m p a c t o r and other unappealing sights are ver y v i s i b l e f r o m a c r o s s t h e street. When this project was approv e d , t h e u n d e r s t a n d i n g was the back of the building would b e attractive and give the appearance of a two -sided mall. This effect has not been accomplished with Ciatti's, and rais e s s e r i o u s q u e s t i o n s about the treatment of the remaining p r o j e c t w h e n i t i s built. Trucks of various sizes, including se m i s , a r e r e g u l a r visitors to the rear of Ciatti's. Wh i l e l o a d i n g a n d unloading is to be expected here, th e C i t y C o u n c i l w a s t o l d at the time this project was approved t h a t l a r g e t r u c k s , s u c h as semis, would not be unloading her e . I t i s d i s c o u r a g i n g for the City Council to be told one t h i n g b y a d e v e l o p e r w h e n approval is being sought, and then to h a v e u s e r d o s o m e t h i n g else once the project is built, and t o d o s o with apparent FINANCIAL CONSULTANT • INSURANCE • coNsuum 2W) G. C. BENTLEY Assoc., INC. 3209 W. 76th St., Suite 209 Edina, MN 55435 (612) 897-1919 Chris Enger Page 2 impunity. The City must tighten up its enforcement of development agreements, and force developers to abide by promises made at a public hearing. Much of the screening problem could be solved by the construction of an enclosed loading and trash area, made Of building materials identical to the primary structure. Also, the relocation of the access road across from Mr. Teman's property would help allow berming and plantings to add additional screening to the back of this mall. Other problems that need to be addressed with this site are: 1.) There is still a collapsing snow fence along the top of the retaining wall behind Ciatti's. This temporary and unsafe fence must be replaced by a fence of attractive design. Chain link fencing is not an acceptable material. 2.) There was to be a sidewalk constructed along the south and east side of Eden Road adjacent to this project. No such sidewalk has been built or even graded. Along the north side of this project a retaining wall was built, around the grove of oak trees (which, by the way, are dying), that left room for a sidewalk immediately next to the road. However, starting behind Ciatti's and going south along Eden Road the berm construction has left no room for a sidewalk. To make matters worse, it appears that a sprinkling system has been or is going to be installed right along the path where the sidewalk should go. The sidewalk must be built to conform with existing City policy and development approval requirements. 3.) NSP had indicated some time ago they would bury the electrical service in this area when development occurred. It is very important to nail down NSP as to exactly when this will happen. They should be able to provide some sort of timetable to the City. 4.) There has been a submission to the City of plans for a Frank's Nursery and Crafts store as part of this mall. Mr. Teman and I have serious concerns about this proposal and how outside storage would be treated. To my knowledge, all Frank's have outside storage, so it is essential that all such outside storage be completely - screened from all surrounding properties. I would appreciate any opportunities for input on this project FINANCIAL CONSULTANT • INSURANCE • CONSULTING ANO G. C. BENTLEYAssoc., INC. 3209 W. 76th St., Suite 209 Edina, MN 55435 (612) 897-1919 Chris Enger Page 3 as it proceeds through the process. This mall points up the importance of developing an overall policy on how to treat the back sides of strip malls. Since strip malls will probably be the primary commercial development for many years, it is essential that time and effort be given to comprehensive review of requirements for architectural treatment and screening to avoid future problems. What must be kept in mind with the mall that includes Ciatti's is that the area across the street, the area that looks at the back of this structure, is the potential site for hundreds of millions of dollars worth of development. This mall backs up to the heart of future downtown development in Eden Prairie. If corrective action is not taken soon on existing problems, and proper treatment not required on the remainder of the mall, the prospects for quality development on the west side of Eden Road are greatly diminished. This poses long-term implications for downtown development efforts as well as for the Purgatory Creek Recreation Area. Thank you for your attention to these matters. Please keep me informed on the progress of corrective and future , actions as they relate to this site. S cerely, Georg C. Bentley cc: City Council Carl Jullie Norm Brody FINANCIAL CONSULTANT • INSURANCE • CONSULTING I Memorandum To: From: Date: Subject: Carl J. Jullie, City Manager Steve Sinell, City Assessor251 7 September 6, 1989 City Hall Lease Renewal The original lease has the city paying $14,116.66 per month or $169,399.92 per year in base rent for the period November 1, 1987 through February 28, 1990. This base rent equates to $7.70 per sq. ft. per year. The city paid no base rent for the period March 1, 1987 through October 31, 1987. In addition to the base rent the city is responsible for 19.78% of the Common Area Maintenance and Real Estate Taxes on the property. The attached revised lease renewal proposal has the city paying $15,583.33 per month or $186,999.96 per year in base rent for the period March 1, 1990 through the last day of February, 1993. This base rent equates to $8.50 per sq. ft. per year. We will still be paying 19.78% of the Common Area Maintenance costs and Real Estate Taxes. The city is being billed $15,448.20 Maintenance Costs and $53,721.36 per year for Real Estate Taxes for 1989. The total rental costs for 1989 are $238,569. There is an option to terminate after 24 months with a $22,000 penalty. The penalty is equal to the difference between paying $8.50 sq. ft. and $9.00 sq. ft. for the period March 1, 1990 thru the last day of February, 1992. I've reviewed the confidential income and expense information we've collected from other sources, reviewed the Towle Real Estate Company Office-Showroom/Business Center Report (attached), and have talked with N. Craig Johnson MAI of N. Craig Johnson Appraisals. My review of the confidential income and expense surveys supports the $8.50 per sq. ft. rate. The information I have is historical in nature and the surveys don't attempt to ask for proposed rents 3 years in the future. The Towle Office-Showroom/Business Center Report indicates stated rental rates for the 3rd Quarter of 1988 in the southwest suburbs at $6.00 to $10.00 per sq. ft. for office space and average rents of $7.95 per sq. ft. 31.4 I talked with N. Craig Johnson MAI on August 25, 1989 to solicit his opinion as to "market rent" for our office space. He indicated that new leases are in the $8.00 to $9.00 net rent range and that any number in that range would be indicative of market rent. He also indicated that the best office showroom spaces have been offered at $10.00 net rent for office space and $5.00 net rent for warehouse space. Subsequent to the Sept. 5th council meeting, Linda Winer of the Welsh Companies has provided me with a current (8/3/89) rent roll, which details the rental rates and lease dates of all the tenants of our building (the Edenvale Executive Center).. The office rates on leases signed in 1988 are typically at base rents of $8.50 or more. This supports the contention that the "market rent" for our space is $8.50 per square foot. I've also contacted numerous leasing agents, and office-warehouse developers to verify that the proposed base rent, or net rent, is market supported. Basically, the leasing agents and developers have indicated that if a building owner has available space and is very aggresive in negotiating the initial lease, we may be able to save $1.00 or more. The offsetting items to moving to get a lower base rent include, cost of moving, cost of reinstalling our communications equipment, loss of time for the public in trying to find us at a different location, and dissruption and lost work time to the city staff. SRS/akn attachments 2,13 WishCompanies September 6, INA Mr. Steve Sinell City Assessor City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Dear Mr. Sinell: Enclosed please find the revised renewal proposal for your space located at 7600 Executive Drive, Eden Prairie, Minnesota. As we discussed, the base rate per square foot for the three year renewal period will be $8.50. All other terms of the renewal option will remain the same as noted below. ANNUAL BASE RENT: COMMON AREA MAINTENANCE COSTS AND TAXES: Edenvale Executive Center Approximately 22,000 square feet of office space. The Term of this Lease shall be for a period of three years commencing March 1, 1990, and terminating the last day of February, 1993. The Annual Base Rent for the term of this Lease shall be set out as follows: For the period March 1, 1990, through and including the last day of February, 1993, base rent shall be $15,583.33 per month. The above quoted rates are base rents only and do not include Common Area Maintenance costs and Real Estate Taxes. Tenant shall pay their prorata share of Com- mon Area Maintenance costs and Real Estate Taxes based on 19.78% of the building. BUILDING: PREMISES: TERN: Real Estate Deveropment • Construction • Brokerage • Property Management • Investment MLILi Mr. Steve Sinell September 6, 1989 Page 2 OPTIONS TO TERMINATE: OPTION TO RENEW: Tenant shall also be obligated to pay their own utility charges. Tenant may elect to terminate the lease extension agreement after 24 months by giving the Landlord 150 written notice of their intent to terminate. Should the tenant elect this option, the tenant agrees to pay to Landlord above and beyond the monthly rental payments, a penalty of $22,000 which shall be due the first day of the last month of occupancy. However, if the City should decide to relocate to any land parcel owned by Equitable at any time during this lease agreement, the Landlord will release the tenant from the lease agreement with no penalty charges. If tenant vacates the premises after 24 months and promptly pays the penalty for the early termination, along with any other base rent or additional changes which are due as stated in the lease agreement, the tenant will be under no further obligation to the Landlord. Providing that tenant is not in default under the lease, Tenant will have the right, at tenant's option, to extend the term of this lease for a period of three years by giving Landlord written notice of the exer- cise of such right at least six months prior to the expiration of the lease term. The annual base rental payable for and during the extension term will be at the then pre- vailing market rate. This proposal is subject to the owner's final approval and completion of fully- executed lease extension agreements by both parties. We would appreciate receiving your acceptance or rejection of this proposal within seven days after the September 19, 1989, City Council Meeting. Thank you for your assistance in this matter. Please do not hesitate to contact me at 829-5254, if you should have any questions. Sincerely, ' /i C Linda Winer Property Manager umak/8-18.2