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HomeMy WebLinkAboutCity Council - 01/22/1980 I EDEN PRAIRIE CITY COUNCIL C TUESDAY, JANUARY 22, 1980 7:30 PM, CITY HALL t COUNCIL MEMBERS: f ,r Mayor Wolfgang Penzel, Dean Edstrom, Dave (} Osterholt, Sidney Pauly and Paul Redpath COUNCIL STAFF: " City Manager Roger Ulstad; City Attorney a Roger Pauly; Planning Director Chris Enger; f-; �p .- Finance Director John Frane; Director of .:' Community Services Bob Lambert; Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JANUARY B 1980 Page 93 III. ,GDNSENT CALENDAR �A Request for extension of developer's agreement for Master's Page 101 F Condominiums or I year B. Set Public Hearing for Opus Plaza Office Building for February 19, Page 103 1980 C. Final lat a Noroyal for Shad Oak Industrial Park 3rd Addition Page 104 so ut�on . 80-19 D. Final plat approval for Shady Oak Industrial Park 5th Addition Pao 106 Reso ution No. BO-20 i E. Clerk's License List Page 308 IV. PAYMENT OF CLAIMS NOS. 6956 7162 T`(�'-��. Page 109 a V. PUBLIC HEARINGS A. Creekview Estates by Heinen & Burnett. Requ_e eione from Rural Page 3291 to R - 3.5 and preliminary plat 25.5 acres into 2 a ee mi�-ots. Located at 9840 and 9940 Bennett ace (Ord o 39— aR7esolution No. 79-197) Continued from December 4, 1979 B. CDR Investments Office & Multiple by COR Investments, Inc. Request Page 114 to rezone 2.8 acres from Planned Stud to Office and 1.4 acres from Planned Stud to RM 2.5. Locate south o H —a—nd Tes—to f uperamerica tat I on. (Ordinance No. 80-01) C. Michelangelo Gardens by Rembrandt Enterprises. Request to rezone Page 137 36 acres from Rural to RM Z,b, preliminar Tat approvals or ots and approval of an Env1ronmental Assessment Worksheet, Located east of 169/212 and south of Hansen Auto (Ordinance No. - 2 - rezoning; Resolution No. BO-13 - preliminary plat; and Resolution No. 80-16 - E.A.W.) City Council Agenda s - 2 - T ,.. Tues.,Jan.22, 1980 .04 IV, r,e.11ti D. Olympic Hills 6th Addition by The Preserve and 01 is Hills Page 195 or oration. Request to rezone approximately acres rom : Rural to R1-13.5preliminary lat 84 single famil lots and a rova of an Environmental Assessment orksheet. Located east o unny roo oa a west o ount Curve. (Ordinance No. 80-03 - rezoning; Resolution No. 80-14 - preliminary plat; and Resolution No. 80-15 - E.A.W.) E. Reinstatin Planned Stud Properties around Co. Rd. 4 and T.H. Page 240 back into Planne toy ,Ordinance -0 F. Request for Munici al Industrial Development Bond approval for Page 244 iness Norderhus and Anderson project Eden PrairieProfessional u d n9 in the amount o (Resolution NO. G. Request for Munici al Industrial Development Bond approval for Page 255 8�m ro ert es n t e amount o (Resolution o. is ' /� Re est for Munici al Industrial Develo nt Bond a roval for Page 268 S.K.S.- Properties in the amount o .00 (Resolution No. I. Re vest for Liquor License b Brothers Restaurant Eden Prairie Page 280 enter VI. REPORTS OF ADVISORY COMMISSIONS VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Attorney b Resolution No. 80-11, authorize artici an on in the Suburban Page 301 'Rice Recruitment System continue from January 8, 980 2. Outdoor Advertising Signs Page 305 C. Report of City Manager Request for occu anc rmit for the Fairview-Southdale Detox Page 325 an Receiving Center to be located at 99V Valley View Roa D. Report of Director of Community Services 1. Letter from Elliot Perovich, Chairman of the Metropolitan Parks Page 328 & pen Space Commission, regarding Anderson Lakes Park 2. Metropolitan Airports Commission lease for Flying Cloud ballfield Page 332 expansion 3. Request to remove park building at Round Lake Park Page 343 4. Acceptance of deed from the Metropolitan Park Foundation Page 344 City Council Agenda - 3 - Tues.,Jan. 22, 1980 E. Resort of Finance Director n s� 1. Request for Final apR=al for Municipal Industrial S Page 351 Bonds for Ryan Construction Company in the amount of eso ut on No. 0- VIII. NEW BUSINESS IX. ADJOURNMENT. ( , UNAPPROVED'MINUTES EDEN PRAIRIE CITY COUNCIL i TUESDAY, JANUARY 8, 1980 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Director of Community Services Bob Lambert; Finance Director John Frane; City Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION: Councilman Dave Osterholt i PLEDGE OF ALLEGIANCE ROLL CALL: Ail members present. f I. OFFICIAL DESIGNATION a' A. Appointment of Acting Mayor for 1980 MOTION: Osterholt moved, seconded by Edstrom, to appoint Councilwoman Sidney Pauly as Acting Mayor for 1980. Osterholt, Edstrom, Redpath and Penzel voted "aye"; Pauly "abstained". Motion carried. II. APPROVAL OF AGENDA AND OTHER ITEMS OF 84SINESS Item IV. D. 2nd Readin of Ordinance No. 79-32 rezonin 1D acres from Rural to R1-13.5 or Over ook P ace by_Husta_d_Deve opment Corporation and developer's a regiment was delete from tie to Calendar and placed under IX. ORDINANCES R LU IONS as item J. The following items were removed from the regular agenda and placed under the Consent Calendar: IX. A. Resolution No. _80_-01, authorizing use of facsimile si natures b Public Officials; IX. B. Resolution No. 80-02, authorizing t e treasurer to invest Cit o Eden Prairies;�C. Resolution No. 8�3, designating an official newspaper; IX. D. Reso ut on No. 8 - 4, authorizin Cit icials to transact Bankin Business; X. F. Resolution No. 80-06 esi natin t e o Icial meetingdates, time an lace or the it o en rairie Counci members in 980; IX. G. Resolution No. 80-07, setting sale of $3 500,GOO.00 Park Bonds for ebruary 19, 9 ; IX. 1. Resolution No. 80-12, enterin into an a regiment with the Minnesota Department of Pub is Safety or the Can o three roa side breath testers; X. C. 1. Renewalo contract for Anima Patrolervices .with etro olitan Animal Patrol Services, Inc. royal o Local 49 Contract; X. D. . Receive and award bids for Senior Citizen Van to a co Fleet & Management Services C-o-m-p-a-n—Y-IFTFT amount of $7,500.00. City Manager's Salary for 1980 was added under the "New Business" category (item X MOTION: Redpath moved, seconded by Pauly, to approve the agenda as amended and published. Motion carried unanimously. 93 Council Minutes _ 2 _ Tues.,0anuary 8, 1980 III. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 18, 1979 Pg. 4, VI. A. 1, 1st para., 3rd line, at the end of the line add "Indo-", Pg. 5, item D. 2. 2nd para., 7th line, after "meet,", add the following language: "Edstrom indicated that he thought it may be wise to continue the Committee during the design and construction process to provide a liaison with the architect and contractor, to review plans, to make any appropriate recommendations on design details or change orders, and to provide a focus for continuing the cooperation and communication between the City and School Board during the design and construction period. He felt that continuing the Committee would facilitate the process, but would defer to the recommendations of the Parks, Recreation & Natural Resources Commission on the subject." MOTION: Osterholt moved, seconded by Redpath, to approve the minutes of the City Council meeting held Tuesday, December 18, 1979, as amended and published. Motion carried unanimously. IV. CONSENT CALENDAR A. Clerk's License List B. Receive 100% petition and order improvements for Duck Lake Vista, I.C. (Resolution No. 80- C. Renewal of Metro olitan Waste Control Commission's Joint Use Rental greement No. 8 ( D. 2nd Reading of Ordinance No. 79-32 rezoning 10 acres from Rural to R1-13.5 or Overlook Place by Hustad Development Corporation and developer's a r�eeme�nt This item was removed from the Consent Calendar and paced as em X. J. E. 2nd Reading of Ordinance No. 79-41, rezoningfrom R1-22 to Office and OF an 07 ice building and an elderlX apartment for Prairie Village '-fro ess ona Eagle Enterprises, an eve o er�ent City Attorney Pauly explained additional language willbe added to tems and 4 on page 1 of the developer's agreement, and requested the Council approve same with language to be worked out by City Attorney. Council approved City Attorney Pauly's request. F. Set Public Hearing for Proposed Special Assessments on Diseased Trees for ebruary 5, 1980 G. Resolution No. 80-01 authorizius use of facsimile signatures by Public Officials (formerly item IX. A.). H. Resolution No. 80-02 authorizing the treasurer to invest City of Eden ra rie Funds (formerly item IX. 13.). I. Resolution No. 80-03, designating an official newspaper (formerly item IX. C.) J. Resolution No. 80-04 authorizing City Officials to transact Banking Business former y item K. Resolution No. 80-06 designatiq the official meeting dates time and ace for the City of Eden Prairie Council members in 1980 with the exception of January (formerly item IX. 4q Council Minutes - 3 - Tues.,January 8, 1980 L. Resolution No. 80-07 setting sale of $3 500 000.00 Park Bonds for February 19, 1980 formerly item IX. G. . M. Resolution No. 80-12 entering into an a reement with the Minnesota 0 artment of Public Safetyfor the loan o three roadside breath testers (formerly Item IX. 1.). is N. Renewal of contract for Animal Patrol Services with Metropolitan Animal Patrol Services Inc. MAPSI -(formerly tem X. C. 0. Approval of Local 49 Contract (formerly item X. C. 2.). P. Receive and award bids for Senior Citizen Van to Gelco Fleet & Man t Services an in the amount o (formerly item X. 0. 1' 14DTION: Osterholt moved, seconded by Redpath, to approve items A - C, excluding P: item 0 which was moved under IX. Ordinances & Resolutions as item J. and approving items E - P. Roll Call Vote: Osterholt, Redpath, Edstrom, Pauly and Penzel voted "aye". Motion carried unanimously, r V. PUBLIC HEARINGS A. Vacating drainage and utilit easements al northerl line of Lot 2 oc Shady aIndustrialParkReso ut on o. 80 City Manager Ulstad explained the proponent, Richard Anderson, has requested withdrawal of this request and suggested the Council could proceed and close the ( Public Hearing and move to take no,actian. MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing on vacating drainage and utility easements along northerly line of Lot 2, 8lock 2, Shady Oak Industrial Park and to take no action. Motion carried unanimously. VI. PAYMENT OF CLAIMS NOS. 6797 - 6955 MOTION: Redpath moved, seconded by Edstrom, to approve Payment of Claims Nos. 6797 - 6955. Roil Call Vote: Redpath, Edstrom, Osterholt and Penzel voted "aye"; Pauly "abstained". Motion carried. VII. REPORTS OF ADVISORY COMMISSIONS No reports. VIII. APPOINTMENTS A. Metro titan League of Municipalities - Appointment of 1 Representative an ternates MOTION: Edstrom moved, seconded by Osterholt, to appoint Mayor Penzel as Representative to the Metropolitan League of Municipalities and the remaining four Council members as alternates. Motion carried unanimously. 8. Health Officer - Appointment of 1 Health Officer for the year 1980 MOTION: Osterholt moved, seconded by Edstrom, to reappoint Dr. Fredric Ekrem as Health Officer for 1980. Motion carried unanimously. of Council Minutes - 4 - Tues.,January 8, 1980 C. Suburban Rate Autho�ritt - Appointment of 1 Representative to the Suburban atk � for 199 MOTION: Edstrom moved, seconded by Pauly, to reappoint City Engineer Carl Jullie as the Representative to the Suburban Rate Authority for 1980. Motion carried unanimously. D. South Hennepin Human Services Council - Appointment of 2 Representatives to F: serve 2 year terms commencing 1/8 MOTION: Redpath moved, seconded by Edstrom, to reappoint Councilwoman Pauly and Finance Director Frane as representatives to serve on the South Hennepin Human Services Council for 2 year terms commencing 2/1/80. Motion carried unanimously. f E. Assistant Weed Inspector - Appointment of Assistant Weed Inspector for 1980 [ . y ' MOTION: Osterholt moved, seconded by Pauly, to appoint Wes Dunsmore the Assistant Weed Inspector for 1980. Motion carried unanimously. F. WAFTA Board - Appointment of 1 Representative for a 1 year teen. MOTION: Edstrom moved, seconded by Osterholt, to reappoint Robert Pemberton to serve as the representative on the WAFTA Board. Motion carried unanimously. IX. ORDINANCES & RESOLUTIONS ( A. Resolution No. 80-D1 authorizinguse of facsimile signatures b Public MUM! This item was moved to the Consent Calendar (IV. G.). B. Resolution No. 80-02, authorizing the treasurer to invest City of Eden rare Funds This item was moved to the Consent Calendar (IV. H.). C. Resolution No. 80-03, designating an official newspaper This item was moved to the Consent Calendar (IV. I.). D. Resolution No. 80-04, authorizing City Officials to transact Banking Business This item was moved to the Consent Calendar (IV. J.). E. Resolution No. 80-05, designating depository for the City of Eden Prairie City Manager Ulstad explained the City now experiences two banks in our City and Suburban National Bank has been the official City depository in the past. Ulstad recommended that the Council consider designating both the First State Bank (formerly known as the Prairie State Bank) and Suburban National Bank as depositories for the City of Eden Prairie; Suburban National Bank for liquor receipts and First State Bank for all other accounts. Ulstad further suggested the Council consider rotating from one bank to the other on a two year basis for all accounts, with the exception of liquor receipts which should always remain with Suburban National Bank because of their satellite bank being located in close proximity to the liquor store in the Prairie Village Mall. 94 Council Minutes - 5 - Tues.,January 8, 1980 r; E. Resolution No. 80-05, designating depository for the City of Eden Prairie (continued) Roy Terwilliger, President of Suburban National Bank, expressed his appreciation for the past business from the City and while they aooreciate the business and want to continue to be of service to the City, they do not want the Council to feel they are caught in an uncomfortable position between two community minded organizations that want the best for the community. Joseph Clemons, President of the First State Bank, felt it would be fair to have the depository at each bank for 2 or 3 years, and then transfer the funds to the other bank for the same period of time. Clemons explained this has been done in other communities and it has been very successful and fair. Councilman Redpath stated he would abstain from voting on this item as he has 20 shares of stock in Suburban National Bank. MOTION: Edstrom moved, seconded by Pauly, to adopt Resolution No. 80-05, designating despositories for the City of Eden Prairie - Suburban National Bank for liquor receipts, and the First State Bank for all other accounts. Edstrom, Pauly, Osterholt and Penzel voted "aye", Redpath "abstained". Motion carried. F. Resolution No. 80-06, desi natin the official meeting dates, time and lace or the City o Eden ra rye ounce members n w exception of January This item was moved to the Consent"Calendar ( IV. K.). G. Resolution Mo. 80-07, setting sale of $3,500;000.00 Park Bonds for February 9, This item was moved to the Consent Calendar (IV. L.). H. Resolution No, 80-11, authorizing participation in the Suburban Police Recruitment System It was the general consensus of the Council that the contract was too open- ended and that the City would lose some of its local control in selecting police officers. The question was also raised as to the makeup of Public Management Consultants. MOTION: Osterholt moved, seconded by Pauly, to refer the contract for participation in the Suburban Police Recruitment System to City Attorney Pauly for review, to be brought back to the Council on January 22nd. Motion carried unanimously. I. Resolution No. 80-12 enteri into an a regiment with the Minnesota Department of Pub is Sa ety or t e loan of three roadside breath testers This item was moved to the Consent Calendar (IV. M.). J. 2nd Readin of Ordinance No. 79-32, rezoning10 acres from Rural to R1-13.5 for ver oo aceby Hustad Development Vorporatlon an evelo er sT s agreement (formerly Item IV. D. . MOTION: Redpath moved, seconded by Pauly, to adopt the 2nd Reading 9� Council Minutes - 6 - Tues.,January B, 1980 J. 2nd Reading of Ordinance No. 79-32 (continued) of Ordinance No. 79-32 as amended by City Attorney Pauly, rezoning 10 acres ( from Rural to R1-13.5 for Overlook Place by Hustad Development Corporation. Redpath, Pauly, Edstrom And Penzel voted "aye"; Osterholt voted "nay". Motion carried. MOTION: Pauly moved, seconded by Redpath, to approve the developer's agreement for Overlook Place by Hustad Development Corporation. Pauly, Redpath, Edstrom and Penzel voted "aye"; Osterholt voted "nay". Motion carried. f< X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS t A. Reports of Council Members 1. Mayor Penzel referred to two invitations which he has received, one rom uane . McCarty, Mayor, Mounds View/Paul F, Scheuneman, Mayor of �• Burnsville, to attend a meeting on Wednesday, January 16, 1980,to talk about the Metropolitan Council in the area of local government, and the other from the Metropolitan Waste Control Commission regarding a luncheon meeting to be held Tuesday, January 15th,at the Ramada Inn in Bloomington to preview the final phase of the regional 201 Facilities Planning Program for future sewer service. 2. Councilman Edstrom explained the special advisory committee of Hennepin ounty or disposal of waste, to which the Council appointed him a member, will be meeting shortly. B. Report of City Attorney • City Attorney Pauly informed the Council that City.Staff will be meeting with Rodger Jensen on the codification of ordinances on January 14th. C. Report of City Manager IT Renewal of contract for Animal Patrol Services with Metropolitan Animal Patrol ery ces, Inc. This item was moved to the Consent Calendar (IV. N.). 2. Approval of Local 49 Contract This item was moved to the Consent Calendar (IV. 0.). 3. Appointment of City Attorney MOTION: Osterholt moved, seconded by Edstrom, to reappoint Roger Pauly as the City Attorney for 1980 as per the City Manager's recommendation. Osterholt, Edstrom, Redpath and Penzel voted "aye"; Pauly "abstained". Motion carried. D. Report of Director of Community Services 1. Receive and award bids for Senior Citizen Van This item was moved to the Consent Calendar (IV. P.). 98 Council Minutes • 7 - Tues.,January 8, 1980 2. Bluff Property Preservation ( Director of Community Services Lambert referred to his memo dated January 3, 1980, requesting if the Council believes that open space is a good use of the bluff portion of the Peterson farm, that a letter be sent to the Fish and Wildlife Services stating so. MOTION: Redpath moved, seconded by Pauly. to send a letter to the Fish and Wildlife Services that open space is a good use of the bluff portion of the Peterson farm, and to include ver w that the do City Council be informed as to what they are going to do with the property. Redpath, Pauly, Osterholt and Penzel voted "aye"; Edstrom "abstained". Motion carried, i 3. R nest from Parks Recreation & Natural Resources Commission on Policy (' race ng pa ees on subs dized housing Director of Community Services Lambert spoke to his memo dated January 3, 1980, regarding the Parks, Recreation & Natural Resources Commission's , request for a policy regarding park fees on subsidized housing. MOTION: Redpath moved, seconded by Osterholt, that a policy be implemented waiving the cash park fee on all subsidized housing. Pauly preferred waiving the cash park fee on "elderly subsidized housing rather than all "subsidized housing". Penzel further added he has concern i about waiving the park fee on a situation of 100's of units such as the( a reductionsbutpnot convint nced ele liminating the thercosstcould altogether isrit of making j reasonable. General discussion took place. Redpath called the previous question. VOTE ON MOTION: Redpath, Edstrom and Osterholt voted "aye"; Pauly and Penzel voted "nay". Motion carried. 4. Developer's agreement for Valley Knolls 2nd Addition t MOTION: Redpath moved, seconded by Osterholt, to approve the developer's agreement for Valley Knolls 2nd Addition which includes payment of the cash park fee on the remaining 10 lots. Motion carried unanimously. E. Report of Finance Director 1. Municipal Industrial Development Bond Guidelines (continued from December Finance Director Frane referred to his notes on the City's thoughts about industrial revenue bonds. Redpath requested that Frane put this information into written form and submit to the Council. Osterholt asked to see the changes made in the State Statutes which Mr. Frane stated he would forward on to him. MOTION: Redpath moved, seconded by Edstrom, to continue the M.I.D.B. Guidelines to the February 5, 1980 Council meeting. Motion carried unanimously. 99 council Minutes - 8 - Tues.,January 8, 19M I. Municipal Industrial Development Bond Guidelines (continued) General discussion took place by Council members as to what should possibly appear in the guidelines. Penal suggested each Council member provide Finance Director Frane with a list which he can compile as a general consensus list. Council members agreed with Penzel's suggestion. Don Bachmeier, G. T. Mork, explained there seems to be a tendency amongst cities to restrict speculative development. Bachmeier added the advantage of tax exempt financing is extraordinary and he feels that there is nothing Inherent in the business of speculative development which should be restricted from availing itself to that advantage. Their company has brought in perhaps 100 small businesses into the community and a.good 25% of them are potential ofilders of Eden Prairieir own is takinglthese guiddelir. innessuunderier stated he considerations when the City they wouid hopefully not rule out speculative development. 2. Tax Increment Financing and Bill EhlersebDAssociates, alonr Frane g withMrs Fr�ane answered quest dated January ions Council Fahey, members. Council requested that this item be continued to a future meeting and that examples, i.e., Schooner Boulevard, be provided to the Council On how tax increment financing can work, and what impact it has on the School District. IX.NEW BUSINESS A. City Manager's Salary for 1980 MOTION: Osterholt moved. seconded by Edstrom, to set the City Manager's Salary at $41,000.00 for 1980. Osterholt, Edstrom, Pauly, Redpath and Penzel voted "aye". Motion carried unanimously. X.ADJOURNMENT NOTION: Redpath moved, seconded by Edstrom, to adjourn the Council meeting at 9:45 PM. Motion carried unanimously. IOU f MEMO TO: Mayor and City Council FROM: Chris Enger, Director of Planning THROUGH: Roger Ulstad, City Manager DATE: January 16, 1990 REGARDING: Extension of Masters Condominiums Development Agreement Included with this memo is a letter from Mr. Weis requesting extension of the Development Agreement zoning deadline for Mas- ter's Condominiums located west of the Edenvale Clubhouse and north of Valley View Road. The Council granted Weis Development Corporation a one year extension of the agreement to November 1979, previously. It is our understanding that a considerable number of units in the first building have been presold. The land use is still consistent with Eden Prairie's land use plans and a condominium building in the middle income range could be a needed addition to Eden Prairie's housing stock. The staff would therefore recommend that Mr. Weis's request for extension to November 8, 1980 be granted. CE:jo WEtS DEVELOPMENT CORP. P.O.Box 8757 • 2227 NW 7TH STREET Rochester,Minnesota 55901 Telephone 507/288-2041 January 14. 1980 i CITY OFFICES 8950 Eden prairie Road Eden Prairie, Minnesota 553" ATTN: Jean Johnson RE: The Masters Edenvale, Minn. Dear Ms. Johnson please consider this letter a request to extend the development deadline for the above referenced project to November 8, 1980i We have made considerable progress toward getting this project off the ground in 1979 and fully anticipate we will be able to start construction in 1980. We sincerely hope the Council will look favorably on the request for this exten- sion as we have a considerable investment in this property and project and rezoning the site back to rural would result in a substantial financial loss to us. Thank you for considering this request. WEIS DEVELOPMENT CORP. AC. Weis President JCW/sk An AfdLale of Wall Bwkfera.fnc. RALIENHORST CORPORATION January 15, 1980 Mr. Rodger Ulstad City Manager 8950 'Eden Prairie Road Eden Prairie, MN 55343 Re: Opus Plaza office Building Dear Mr. Ulstad: Please ask the Eden Prairie Council to set a date for public hearing on Rauenhorst's rezoning application for the opus office Plaza Building at County Road 18 and Crosstown 62. The Planning Commission considered and approved this same application at their January 14 meeting. Please advise me as-to the date and time set by the Council for public hearing on this case. Thank you. Best regards, Robert A. Worthin t n, A.'I.C.P. Director, Planning & Governmental Affairs RAW/mjs pECW WE 0"CES:V=NOMTHWESTEAN 71NOMCUL CENTEN.7W XtMS OVENS SOM K UAWAVOM YMIMESOt^!Wt tE71 E7NtU 103 .. 1/22/80 ` CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R8O-19 A RESOLUTION APPROVING FINAL PLAT OF SHADY OAK INDUSTRIAL PARK THIRD ADDITION . i ' WHEREAS, the plat of Shady Oak Industrial Park Third Addition.has been sub- mitted in the 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 ordin- ances 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 Shady Oak Industrial Park Third Addition is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated January 16, 1980. B. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed and/or Regis- trar of Titles for theile use as required by MSA 462.358, Subd. 3. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. ADOPTED by the City Council on o gang H. en Pzel, ATTEST: SEAL John D. Frane, LlerK --------------- f� CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and Members of the City Council i THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: January 16, 1980 SUBJECT: SHADY OAK INDUSTRIAL PARK THIRD ADDITION PROPOSAL: The Developer, Richard W. Anderson, Inc., is requesting City Council approval of the final plat of Shady Oak Industrial Park Third Addition. The plat contains approximately 28 acres and is divided into 4 lots. Outlot A is intended to be combined with Lot 3, Block 1 of Shady Oak Industrial Park Second Addition. HISTORY: The preliminary plat was approved on October 16, 1979, per Council Resolution #79-184. Zoning to I-2 Park was finally read and approved on December 18, 1979, per Ordinance #79-37. • The Developer's Agreement referred to within this report was executed on December 18, 1979. VARIANCES: Any variance requests must be processed through the Board of Appeals and conform with the requirements of item 4, of the Developer's Agreement. UTILITIES AND STREETS: The City has awarded contracts for the installation of all public utilities and streets within the plat. The Developer is responsible for completing all site grading and privately owned utilities. The requirements of Item I, Exhibit C, of the Developer's Agreement must be satisfied prior to release of the final plat. PARK DEDICATION: The requirements for park dedication are covered in Item III, Exhibit C, of the Developer's Agreement. BONDING: No bonding will be required for this plat. A cash deposit will be required to cover the cost of street signs and installation and maintenence of street lighting for two years. RECOMMENDATION: Recommend approval of the final plat of Shady Oak Industrial Park Third Addition, subject to the requirements of this report,=Develop- er's Agreement, and the following: 1. Receipt of cash deposit for street lighting in the amount of $590.40. lUJ CITY OF EDEN PRAIRIE 1/22/80 HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. tR80-20 A RESOLUTION APPROVING FINAL PLAT OF SHADY OAK INDUSTRIAL PARK FIFTH ADDITION. WHEREAS, the plat of Shady Oak Industrial Park Fifth-Addition has been sub- mitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all Aroceedings 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 ordin- ances 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 Shady Oak Industrial Park Fifth Addition is approved upon compliance with the recom endation of the City Engineer's Report on this plat dated January 16. 1980. B. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed and/or Regis- trar of Titles for their use as required by MSA 462.358. Subd. 3. t, That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. ADOPTED by the City Council on Wol fgang H. Penzel, Mayor ATTEST: SEAL John D. Frane.-DerT CITY OF EDENPRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: January 16, 198D SUBJECT: Shady Oak Industrial Park Fifth Addition PROPOSAL: The Developer, Richard W. Anderson, Inc., is requesting City Council approval of the final plat of Shady Dak Industrial Park Fifth Addition. The plat contains approximately 2D acres and is divided into one large lot and two outlots. Dutlots A and 8 will contain storm sewer holding ponds and will be deeded to the City. HISTORY: The prleiminary plat was approved on October 16, 1979, per Council Resolution # 79-184. Zoning to 1-2 Park was finally read and approved on December 18, 1979, per Drdinande #79-37. The Developer's Agreement referred to within this report was executed on December 18, 1979. VARIANCES: Any variance requests must be processed through the Board of Appeals and conform with the requirements of Item 4 of the Developer's Agreement. UTILITIES AND STREETS: The City has awarded contracts for the installation of all public utilities and streets serving the plat. The Developer is responsible for completing all site grading and privately owned utilities. The requirements of Item I, Exhibit C, of the Developer's Agreement must be satisfied prior to release of the final plat. Roadway easement documents will be provided by the Developer covering the utility and drainage easements in the extreme southwestern and southeastern portions of the site, thus allowing these areas to be used for possible roadways. PARK DEDICATION: The requirements for park dedication are covered in Item III, Exhibit C, of the Developer's Agreement. BONDING: No bonding will be required for this plat. RECOMMENDATION: Recommend approval of the final plat of Shady Oak Indus- trial Park Fifth Addition, subject to the requirements of this report and the Developer's Agreement. j U� CITY OF EDEk PRAIRIE CLERK'S LICENSE APPLICATION LIST January 22, 1980 CONTRACTOR (Multi-family & Comm.) HEATING & VENTILATING (con't.) G & G General Contractors D. J.Is Heating & Air Conditioning Hoyt Construction Co. Inc. Del Air Conditioning, Inc. Olson Concrete Co. Eden Prairie Heating & Air Cond. Raunehorot Corp. Genz-Ryan Plumbing & Heating Co. Rudon, Inc. Golden Valley Heating & Air Cond. R. J. Ryan Construction Gopher Heating & Sheet Metal, Inc. Scott Construction Corp. Grendahl Mechanical, Inc. Hoglund Mechanical Contractors, Inc. CONTRACTOR (1 & 2 Family) Hoov-Aire, Inc. Horwitz Mechanical, Inc. David W. Durst & James D. Gans Lakeland North Plumbing & Heating Elfering Const. Co. Mill City Heating & Air Conditioning Steven Fox Nielsen Heating & Air Conditioning Golden Rule Builder Northeast Sheet Metal Robert L. Gustafson Northwestern Service, Inc. Jarip Builders Rouse Mechanical Jensen Homes, Inc. Royal Plumbing & Heating Martin Homes, Inc. Royalton Heating & Cooling Co. Robert H. Mason, Inc. sBs Mechanical, Inc. McDonald Construction Co. S & W of Shakopee, Inc. Miles Garages Seasonal Control Company C. W. Dorris Construction Goo. Sedgwick Heating & Air Cond. Overmoe, Inc. and Scrempp Southside Heating & Air Cond. Palmer House Builders Standard Heating & Air Cond. R & R Builders Steins, Inc. Schum, Inc. Suburban Heating & Air Condi., Inc. Sandpiper Construction Thompson Air Conditioning Co. Skluzacek Construction Lonny J. Theiry TIE Contruction Co. Fred Vogt and Co. Trumpy Homes, Inc. Ray N. Welter Heating Co. Wesley Construction, Inc. Wildwood Construction, Inc. PLUMBING David A. Williams Realty & Const., Inc. Van Eeckhout Building Corp. Action Plumbing Co. John Adelman Plumbing HEATING & VENTILATING Atkins Plumbing & Heating Backdahl & Olson Plumbinq & Heatin Atkins Plumbing & Heating Berghorst Plumbing & Heating A. Binder & Son, Inc. Budget Plumbing Corp. Boulevard Sheet Metal & Htg. Co. Doody, Inc. Berghorst Plumbing & Heating Ford & sons Plumbing Co. Carlson Store Fixture Co. Galaxy Mechanical Contr. Central Air Cond. & Heating Co. H.I.S. Plumbing Co., Inc. H. Conrad Manufacturing, Co. Raymond E. Haeg Plumbing Inc. Cool-Temp, Inc. Hayes Contractors JoQ Clerk's License Application List Page Two PLUMBING (con't.) GAS FITTER (con't.) Hoglund Mechanical Contractors, Inc. Royalton Heating & Cooling Co. Hoff Plumbing Seasonal Control Company Hopkins Plumbing & Heating Co. Geo Sedgwick Heating & Air Cond. Co. Horwitz Mechanical, Inc. Standard Heating & Air Conditioning Hovde Plumbing & Heating Steins, Inc. L. J. Katz Corp. Suburban Heating & Air Conditioning, Inc. Klamm Mechanical Contractor, Inc. Fred Vogt and Co. Lakeside Plumbing & Heating, inc. Don Voss Plumbing & Heating Co. Randy Lane Plumbing Ray N. Welter Heating Co. LeVahn Bros. Inc. London Plumbing Co., Inc. SCAVENGER McGuire Plumbing & Heating Medicine Lake Mechanical, Inc. AAA Scavenger Tom Motzko Plumbing & Heating Co. Roto-Rooter National Installers Plumbing Nieman Plumbing & Heating WELL DRILLING Northern Plumbing, Inc. Piper Plumbing, Inc. Dependable Well Co. The Plumbing Place Donald A. Rogers Project Plumbing Don Stodola's Well DRilling Co., Inc. Royal Plumbing & Heating S & W of Shakopee, Inc. WATER SOFTENER Solberg Plumbing Southwest Plumbing , twin City Softener Service Co. Spatz S Berg, Inc. Standard Plumbing & Appliance Co. GARBAGE & REFUSE COLLECTION Stein, Inc. Sunrise Plumbing, Inc. Able Sanitation, Inc. Swanson & Schiager Eden Prairie Sanitation United Water & Sewer Co. Woodlake Sanitary Service, Inc. Valley Plumbing Village Sanitation, Inc. Don Voss Plumbing & Heating Co. Whelan Company, Inc. PRIVATE KENNEL LICENSE Westonka Plumbing & Heating, Inc. West Suburban Plumbing Judy Bersie Welter & Blaylock, Inc. Martin A. Diestler Harold W. Jenkins GAS FITTER Dennis & Judith Peterson Floyd H. Sable A Binder & Son, Inc. Del Air Conditioning, Inc. COMMERCIAL KENNEL LICENSE Grendahl Mechanical, Inc. Hoglund Mechanical Contractors, Inc. Kingdale Kennels Lakeland North Plumbing & Heating Mill City Heating & Air Conditioning RETAIL CANDY OUTLET Minneapolis Gas Company Nielsen Heating & Air Conditioning Fanny Farmer Candy Shops Northeast Sheet Metal Piper Plumbing, Inc. FOOD ESTABLISHMeNT- '1'YPe B Project Plumbing Rouse Mechanical Mark's Eden Prairie Standard 401 f} Clerk's License Application List Page Three 9 VENDING i Gold Medal Beverage Mark's Eden Prairie Standard CIGARETTES & TOBACCO Acorn vending Coca Cola Bottling Co. MECERNICAL AMUSEMENT DEVICES Aladdin's Castle, Inc. Hennepin County Vo-Tech Lions' Tap These licenses have been approved by the department head responsible for the licensed activity. M.l,JOAIx IL, Rebecca M. Warner, Licensing Clerk i4it 43 i January 22, 1980 STATE OF MINNESOTA CITY OF EDEN PRAIRIE Cr iTY OF HENNEPIN The following accounts were audited and allowed as follows: 6956 GREEN ACRES RECREATION Snow tubing trip-Rec dept s 62.00 6957 HOPKINS POSTMASTER Postage 89.70 6958 ED PHILLIPS & SONS CO. Liquor 1,032.14 6959 JOHNSON WINE CO. Nine 171.12 6960 MIDWEST WINE CO. Wine 196.81 6961 TWIN CITY WINE CO. Wine 357.67 6962 OLD PEORIA COMPANY, INC. Liquor 1,044.9E 6963 RIDGEDALE FORD, INC. Police car 5,985.00 ', 6964 LANG, PAULY & GREGERSON. LTD Real estate taxes-Outlot A Lake Eden 1,379.94 6965 UNIVERISTY OF MINNESOTA Seminar-Inspection dept 60.00 6966 BOARD OF ASSESSORS 1980 license fee-Assessing dept 12.00 6967 MINNESOTA CHAPTER INTER ASSOC ASSESSING 1980 dues-Assessing dept 35.00: 6966 MINNESOTA DEPARTMENT OF PUBLIC SAFETY Motor vehicle regist-Street dept 3.25 , ' 6969 UNITED WAY OF MINNEAPOLIS Final 1979 payment-payroll 31.34" 6970 FEDERAL RESERVE BANK Payroll 1/8/80 4,353.15' 6971 P E R A Payroll 1/8/80 3,633.51 6972 BEER WHOLESALERS, INC. Beer 2,152.7`, 6973 COCA-COLA BOTTLING MIDWEST INC. Mixes 267.60' 6974 DAY DISTRIBUTING CO. Beer 1,494.12• 6975 EAST SIDE BEVERAGE CO. Beer 3,248.54; F476 GOLD MEDAL BEVERAGE CO. Mixes 68.40' 3 LEDING DISTRIBUTING Beer 2,406.0C', 6978 PEPSI COLA/7 UP BOTTLING CO. Mixes 271.8` 6979 ROUILLARD BEVERAGE Beer 688.OL 6980 THORPE DISTRIBUTING CO. Beer 3.087.46; 6981 VOID OUT CHECK 6982 VOID OUT CHECK 6983 JOHNSON BROTHERS WHOLESALE Liquor 703.14: 6984 TWIN CITY WINE CO. Wine 130•5== 6985 INTERCONTINENTAL PACKAGING CO. Wine 728.6,' 6986 ED PHILLIPS & SONS CO. Liquor 1. 1•B 6987 VOID OUT CHECK 6988 GRIGGS, COOPER & CO., INC. Liquor 2,323:0,-` 6989 COMMISSIONER OF REVENUE Payroll 12/31/79 72.7( ' 6990 HOPKINS POSTMASTER Postage 2•000.oi 6991 MINNESOTA STATE TREASURER Field inspection fee 25.E 6992 ENABLERS Directory of Youth Services-Public Safety 8.Of 6993 STATE OF MINNESOTA 1979 Statutes Supplement-Public Safety 40.0, 6994 SOCIAL SECURITY RETIREMENT DIV. 4th quarter 79 31,974.01° '6995 ACTION REDDY RENTS Rental of room heaters-Park dept 70.o� 6996 AMERICAN SOCIETY OF LANDSCAPE 1980 dues-Park dept 95.Of;; 6997 AMERICAN WATER WORKS ASSOC 1980 dues-Water dept 100.0t 6998 EARL F. ANDERSEN & ASSOC. Posts, stop signs. brackets-traffic signal 934.1 6999 TAMI ANDERSON Refund-Rec Dept 17x 7000 ASHLAND PETROLEUM CO. Underpayment of prior Shipment-street dept 158.4t, 101 ASSOCIATED WELL DRILLERS, INC. Repair well-Senior Citizen home 236.w.. .,102 BRW Service-Dell Road, Temp signal on TH 19.196.2-, 169, Lotus View Drive, THM5 & West 78th Street & Mitchell Road 7003 INTERNATIONAL UNION OF OPERATING Dues 187.0 7004 AMERICAN SOCIETY FOR INDUSTRIAL SEC. 1980 dues 44•0C /v9 is Page two 1` January 22, 1980 F . S 81-LATERAL FIRE HOSE COMPANY Fire hoses 1,091.74 7006 BRAUN ENGINEERING TESTING Service-Kurtz Circle, ValleyView Road, 4,642.75 Cardinal Creek, High Trails, 69th Street, Sewer for porject 77-439, Lake Trails Estates Bryant Lake Area 7007 DIANE E. CARLSON Refund-Rec dept 18.00 7008 TODD CHANDLER Refund-Rec dept 8.50 7009 CHANHASSEN AUTO PARTS, INC. Chassis, light bulbs, tools, acid, shocks, 663.47 battery, connectors, tubes, grease-street dept air chuck for compressor-Park dept 7010 CHANHASSEN LAWN & SPORTS Brake fluid-Park dept 5.00 7011 CHAPIN PUBLISHING COMPANY Ads 138.89 ; 7012 STEPHEN CALHOON Mileage 19.62 7013 CITY OF EDINA Nov. & Dec. tests-water dept 72.50; 7014 CITY OF MOUNDS VIEW wizard of Oz tickets-Park dept 3.70 7015 CLUTCH & U-JOINT BURNSVILLE, INC. Bearings, repair hydraulic parts-street 80.10' 7016 COLLINS ELECTRIC CO. Electric work-Edenvale Park 6,713.00 7017 CONSULTING ENGINEERS DIVERSIFIED Service-Edengate Townhouse development 2,424.56 ; 7018 COPY EQUIPMENT INC. Xerox copies-Park dept 10.4C' 7019 WARD F. DAHLBERG Mileage 6.6L ; 7020 DORHOLT PRINTING & STATIONERY INC. Office supplies 392.21 7021 EDEN PRAIRIE NEWS Ads 262.90 7022 EDEN PRAIRIE SANITATION CO. December 1979 service 60.50 7023 EDEN PRAIRIE SCHOOL DISTRICT#272 Gasoline-Street dept 682.02 : 1-94 EDEN PRAIRIE SCHOOL DISTRICT#272 December 1979 custodial service 728.80i ,_6 CLAUDINE FASHING Volleyb&11 refund-Rec dept 12.00: 7026 FLYING CLOUD OIL CO. Fuel-Park dept 170.9C 7027 LEW FDLWICK Open gym supervisor-Rec dept 28.00, 7028 WESLEY LA Fortune Refund-Rec dept 8.5o, 7029 FRONTIER LUMBER & HARDWARE Benchs, rods, brooms, pine wood-Park dept 363.89` plywood-Engineering dept 7030 GENERAL COMMUNICATIONS, INC. Equipment repair & parts-Public safety 92.20. 7031 GRANT BATTERY SALES Batteries-Street dept 87.81. 7032 GROSS INDUSTRIAL SERVICES Service 124.69.; 7033 JACK HACKING Expenses 4.2u' 7034 CAROL HANE Supplies-Historical Cultural Comm 36.25 7035 HANUS BUS CO., INC. Service-Rec dept 55.001 7036 HAROLD CHEVROLET INC. Seal, gasket set-Street dept 20.9:+ 7037 HENNEPIN COUNTY FINANCE DIVISION Board of Prisoners 680.or, ; 7038 PATRICIA HIGGENS Refund-Rec dept 33.UL 7039 HONEYWELL PROTECTION SERVICES Service 166.lr 7040 HOPKINS DODGE SALES, INC. Equipment repair & parts-Street dept 779.32' 7041 HOPKINS PRINT SHOP, INC. Newsletter-Senior Center 28.5r. 7042 DUANE HULBERT Concert-Historical Cultural Comm 300.Oi: 7043 MARK HURD AERIAL SURVEYS, INC. Topographic mapping-Engineering dept 1.200.01: 7044 ITT GRINNELL CORP. Couplings-Water dept 309.0 7045 IMMANUAL LUTHERAN CHURCH Use of bldg for Historical Cultural concert 50.0 7046 IAAI EXECUTIVE SECRETARY Book-Fire dept 50.0u 7047 INTER SOCIETY OF FIRE SERVICE 1980 dues-Fire dept 30.0U`. 48 GEORGIA JESSEN Minutes-Park, Recreation. meetings 53.13 id49 JOHNSON PAPER & SUPPLY CO. Towels-City hall 20.17 7050 JUSTUS LUMBER COMPANY Insulation-Edenvale Warming house 118.5(1 7051 KARULF HARDWARE INC. Staples, battery, bolts-Fire dept 8.94 7052 KARULF HARDWARE INC. Trash bags, tape. bolts, keys-Public 775.01 Safety, corks. brush, gloves-Sewer dept 110 Page three January 22, 1980 7P52 KARULF HARDWARE INC. Metal screws-City Hall, hoses, bolts & nuts, lacquer thinner, wire splicers, cotter keys, batteries-Street dept, 25N ice melt, drill, vents, staple gun, washers. sledge hammer, screws, vacuum, skill saw-Park dept, shelf brackets, wire paint, torch kit-dater dept, screwdriver set, vice grip, plane, hammer, chisel, pliers, wrench, saw-Senior Center 7053 KOKESH ATHLETIC & GOLF SUPPLY Volleyballs, Basketballs-Park dept 100.00 7054 KRAEMER'S HOME CENTER Broom, pipe, tractor lights-street dept 385.96 ' saw. crow bar, rivet fun, starter fluid rivets-Park dept, drills, garbage cans. paint, paint brushes & rollers, light bulbs-Water dept 7055 LAKE REGION MUTUAL AID ASSOC 1980 dues-Fire dept 10.00 ' 7056 ROBERT A. LAMBERT Expenses 101.75 ,' 7057 LANDCO EQUIPMENT, INC. Repair rotor motor-Park dept 250.03; 7058 LEAGUE OF MINNESOTA CITIES 1980 Subscription 6.00; 7059 LEEF BROS., INC. December 1979 service 124.4C 7060 LION UNIFORM Fire coats 289.2i 7061 LOWELL'S AUTOMOTIVE SPECIALISTS Paint-Street dept 23.13 7062 DARLEY MARCH Equipment maintenance-Liquor store 824.89i. 7063 MATT'S AUTO SERVICE, INC. Towing service 15 A 7064 MEDICAL OXYGEN & EQUIPMENT CO. INC. Oxygen 61.12 '55 MERIT PRINTING Forms-Building dept 128.95 ,v66 METRO AREA MANAGEMENT ASSOC 1980 dubs 5.00'. 7067 METROPOLITAN WASTE CONTROL COMMISSION February 1980 Sewer Service charge 21,592.7z 706E MID-CENTRAL FIRE & SAFETY CO. Fire hoses 4,475.00 7069 MINNEAPOLIS STAR & TRIBUNE CO. Ads 269.7C' 7070 MINNESOTA CHIEFS OF POLICE ASSOC. 1980 dues-Public Safety 60.00, 7071 MINNESOTA FIRE INCORPORATED Equipment repair-Fire dept 128.37, . 7072 MINNESOTA GAS COMPANY Service 116.4C 7073 MINNESOTA POLICE & PEACE OFFICERS 1980 dues-Public Safety 190.0C': ' 7074 MINNESOTA RECREATION & PARK ASS'N Rule books-Rec Dept 9.0C` 7075 MINNESOTA RECREATION & PARK ASS'N Volleyball-Rec Dept 114.0C; 7076 MINNESOTA RECREATION & PARK ASSOC. Broomball-Rec dept 36.00 7077 MINNESOTA RECREATION & PARK ASSOC. Basketball-Rec dept 96:0C• ' 7078 MINNESOTA STATE FIRE CHIEFS ASSOC. 1980 dues-Fire dept 50.a 7079 MINNESOTA STATE FIRE OEPARTMENT 1980 dues-Fire dept 45.0i; 7080 MOOERN TIRE COMPANY Equipment repairs & parts-Street dept 58.7(; 7081 MQBILEHOME MINNESOTA Rental of mobilehome-Voting 200.0,'. 7082 MOTOROLA INC. Pager-Public Safety 4.199.6; .7083 MUNICIPAL & PRIVATE SERVICES, INC. Service 486•4• 7084 MURPHY PLUMBING & HEATING CO. Valve, adapter-Water dept 7.3i' 7085 HEATHER NELSON Refund-Rec dept 3.00; 7086 NORTH CLINIC, P.A. Employment physical-Water dept 56.5(; 7087 NORTH MEMORIAL MEOICAL CENTER Tests-Public Safety 75.0 7088 NORTHERN STATES POWER COMPANY Service 4,680.5 ` 7089 NORTHERN STATES P011ER COMPANY Service 15.5;' )90 NORTHWESTERN BELL TELEPHONE Service 2,488.% /091 NORTHWESTERN NATIONAL BANK OF MPLS Service charge 57.0<: 7092 OLSEN CHAIN & CABLE Logging sling-Park dept • 109.11. 7093 KAREN OLSEN Refund-Rec dept 30.Oc 7094 STEVEN M. OLSTAD Mileage 6.& 7095 PEPSI COLA/7 UP 80TTLING CO. Pop fund-City Hall Be. ir.1 r Page four January 22. 1980 J6 PERBIX, HARVEY, SIMONS & THORFINNSON Service-Park dept 372,01'' 7097 PHOTO MILL Film-Assessing dept 173.2`,' 7098 PRAIRIE OFFSET PRINTING, INC. File cards, daily log-Public Safety 193.7t­ 7099 PUMP & METER SERVICE, INC. Equipment repair-Street dept 49.0t : 7100 RICK RABENORT Expenses 3,W 7101 RAPID COPY, INCORPORATED Liquor ID cards 12.Oi ; 7102 RIEKE-CARROLL-MULLER ASSOC. Service-Norseman Ind. Park 4th addition 52,238.2b•. Pedestrian bridges, Shady Oak ext, Valley View Road, Round Lake Park, Eden Road Sanitary Sewer, Crosstown Ind. Park, Eden Prairie Lake Trail Estates, Ind Road Utilities Norseman Ind Park 2nd addition, Round Lake Utilities, Round Lake Estates 2nd addition, Eden Prairie Super Valu Sewer Service, 168th Ave. Development, High Trails Sewer & Water, Cardinal Creek Estates 7103 ROAD MACHINERY & SUPPLIES CO. Equipment rental 2,100.00, 7104 STEVE SANDNESS Refund-Rec dept 36.0t' 7105 SATELLITE INDUSTRIES INC. Portable restrooms-Park dept 952.IC: 7106 EMMETT SAGER Chaufferer license 11.0. , 7107 SCHOELL & MADSON. INC. Service 11.70O.1u 7108 SEARS, ROEBUCK AND CO. Neater-Park dept 292.23 7109 UNITED ADVERTISING Xerox toner 45.D0' 7110 W.E. NEAL SLATE CO. Tackboard-Building dept 88.00< --11 SOUTH HENNEPIN HUMAN SERVICES COUNCIL Service 3,000.Ot' ..12 SOUTHWEST SUBURBAN ADVERTISER Ads 9.60 7113 DON STREICHER GUNS, INC. Brushes, solvent-Public Safety 13.4' 7114 SUBURBAN AUTO ELECTRIC Equipment repair & Parts-Street dept 231.15 7115 SUN NEWSPAPERS Ads 13.6C' 7116 SYSTEMS 3, INC. Recorders-Public Safety 1.444.00 7117 PAUL THOMPSON Refund-Rec dept 54.00 7118 LOWELL THONE Expenses 4.00! 7119 TRI-SAFETY SYMBOL SIGNS Signs-Park dept 57.00' 7120 TRI-STATE TREE SERVICE, INC. Hauling trees 294.00 7121 STANLEY W. TULL., INC. Bearings-Street dept 19.44 7122 ROGER ULSTAD Expenses 30.87' 7123 UNION OIL COMPANY OF CALIFORNIA Oil & grease-Street dept 611.Q 7124 VAN WATERS & ROGERS Chlorine liquid-Water dept 183.4(' 7125 HELENE WALD Skating Instructor-Rec dept 340.0,', 7126 WARNING LITES, INC. Warning lights-Highway 169-Vo-Tech 51.5- 7127 WATER PRODUCTS COMPANY Meter-Water dept 314.51 7128 WATER & SEWAGE WORKS Subscription-Water dept 18.0o 7129 SANDRA F. WERTS Mileage 38.21' 7130 WESTERN AREA FIRE TRAIIRING ACADEMY 19BO dues-Fire dept 1.241.0c 7131 JEFF WHITE Refund-Rec dept 17.Ov 7132 KATHY WHITE Refund-Rec dept 16.0n' 7133 WOOLWORTH RESEARCH ASSOC. Service-Lawcon Mitchell Lake 500.0 7134 XEROX CORPORATION Service 1,307.3:; 7135 ORRIN ALT Uniform allowance 275.0c' 36 RON ANDERSON Uniform allowance 275.00 107 BILL BLAKE Uniform allowance 275.0wo 7138 LANCE BRACE Uniform allowance 275.0(,° 7139 LES BRIDGER Uniform allowance 275.00 7140 THOMAS BROWN Uniform allowance 275.0 7141 JAMES CLARK Uniform allowance 275.0 �1 i ae five .nary 22, 1980 7142 JOHN CONLEY Uniform allowance 275.00' 7143 ROGER OANIELSKI Uniform allowance 275.00 7144 STEVEN GEIGER Uniform allowance 275.00 7145 JACK HACKING Uniform allowance 276.00 7146 JOYCE HOLTE Uniform allowance 275.00 7147 DONNA HYATT Uniform allowance 100.00 7148 ALLEN LARSON Uniform allowance 276.00 7144 SUSAN A. MARSTON Uniform allowance 100.00' 7150 JAMES LEE MATSON Uniform allowance 275.00' 7151 CURT R. OBERLANDER Uniform allowance MOO 7152 PAULINE OLSON Uniform allowance 100.00 7153 RICK RABENORT Uniform allowance 975.00 7154 ROBERT S. TYSON Uniform allowance 276.00 7155 KEITH WALL Uniform allowance 275.00: ' 7156 VOID OUT CHECK 7157 INSTY PRINTS Flyers for adult ski trip-Rec dept 3.99 7158 M.G. ASTLEFORO CO., INC. Shady Oak Industrial Park 13.613.8C 7159 BROWN & CRIS, INC. High Trail Estates Utilities 22,916.9• 7160 BROWN & CRIS, INC. Cardinal Creek Additions 86,548.75. 7161 C. WAYNE ERICKSON, INC. Utility & Street Const. Hipp's Mitchell 8.010.89 Heights 7162 G.L. CONTRACTING, INC. Shady Oak Industrial Park Phase II 370.82• TOTAL i cor investments December 6, 1979 Eden Prairie City Council Eden Prairie Planning Commission City of Eden Prairie 6950 Eden Prairie Road Eden Prairie, Minnesota 55344 Attention: Mr. Chris Enger, City Planner Ladies and Gentlemen: On behalf of Cor Investment Company, I want to thank you for your consideration of the enclosed Land nevelopment Application Package for Cor Investment Properties. This application package includes: 1. Signed Land Develo-)ment Application form; 2. Proposed Development Brochure; 3. Check. We look forward to your comments and a continuing relation- ship with the city of Eden Prairie, Minnesota. Sincerely, �CijC�.-r j�<.�/ Al ft roger/Partner AR/mw Enclosures 1 cor investments. vu idpd framewcxk , O saw► Pursuant to the submission Requirements for zoning requests, as set forth in the zoning summary, Cor Investment Companv submits the following: i i Specific Plan Requirements 1. The property legally described as Mitchell Lake Estates, Lot 12, Block 2. It was purchased from George Moran, November 6, 1972, on a contract for C deed by Cor Investment Company. Cor Investment Company is a Minnesota partnership consisting of: 'Percentage of Ownership Al Rubinger - Owns and operates 25% Real Estate Management I ' Co. Oliver B. Rekow - President of First 25% National Bank of Montevideo, MN Carl F. Nelson - Vice Presiden, Dean 25% Witter, Reynolds Sid Hartman - Sports Editor, Mpls. 25% Tribune 2. Cor Investment was established in 1972, by Carl Nelson, Oliver Rekow, Sid Hartman and Al Rubinger. Tkeir orevious experience has been in real estate investment and development. Project history includes zoning in 1978 of 23 dunlex lots and a multi-family lot of 4.21 acres, 1.25 acres office, that has been sold and is being developed as an office/professional building. Financing packages for multi-family develop- ment have been unavailable. Additional inquiries have been made for an office/professional building and are the impetus for this rezoning request. 3. Financing of the projects shall be broken into two parts. a) Office development shall be financed through personal investments for development costs and mortgage bankers for the long term capitalization. b) Elderly housing shall be financed through Public/private funding package. Those pack- ages shall consider Minnesota Housing Finance Agency and various housing and urban development programs. I I 4. The 4.21 acre parcel shall be subdivided into two lots. Lot 1, office Commercial, 2.82 acres. Site improve- r. ments, building construction and management of building shall be the responsibilities of the developers. Lot 2, Elderly Housing, 1.38 acres. Site improve- ments, building construction and management of building shall be the responsibilities of the developers. s S. The boundaries to the north and east are State Highway 5 and Countv 'toad 4, respectively. Immed- iately to the south is open farm land and then residential. To the west is open land, part of Mitchell Lake and scattered residential. 6. North across highway is a shopping cneter. East across Highway 4 is existing acres of inctastrial uses: Fuller Lab, Stewart Sandwich, Rolltank Champion, Kibby Engineering and 10 acres of single family residential. west and south are basically open land and Mitchell Lake. 7. The major regional relationship is the projects location. It is the center of two major collectors typing several major residential sectors like Eden- vale, Redrock, western Eden Prairie, and Round/ngck Lake together. S. Existing land use is unoccupied. 9. Existing transportation systems consist of State Highway 5 to the north and County Road 4 to the east. No interior pedestrian system exists at the present. 10. Existing zoning is rural. 11. City Guide Plan framework recommends this utilization of the land as multiple. 12. Critical public decisions concerning this property will be the future status of Highway 5 and the tvoe of access this property will have; the future status of Highway 4 and the ultimate development along these roads. Sufficient utilities exist in the area to support this development. 13. Careful attention has been given to access off of Highway 5, County Road 4, and interior site circu- lation. Relationship of proposed building to duplex structures and edges between, i SITE AREA ANALYSIS 1. Development Objectives. It is the objective of the applicants to develop the site as a professional building responsive in its site planning and architecture. 2. Site Plan. As per attached exhibits. 3. Grading. As per attached exhibits. 4. Utility Plan. As per attached exhibits. S. Preliminary Architectural Drawings. As per attached exhibi s. 6. Le al Instruments for Plan Imolementation. As per `. atta a ex hi bit. 7. Housint.or Land/BuildingUse Profile. As per attached exh " 8. Zonin Classification and/or Variations from City Or finances. As per attache app ication an ex. bits. 9. Phasing and Construction Schedule. The proposed devel- opment will complete in one ase. If there are any questions or problems, or if additional information is needed, please feel free to. contact me. r rro�+�Y•«w niklw MM Naps -:: ,:;�,.=_•,y'_., ;�- _ stow no,5 Ui r--?r { .� --------------------- MEL— i I Ell IE � � �; caxiitivns ,o•�.,. tf� I I. t uL'L�F?ai�s'_s�tiis`Q!!:.e�ua=_.•. ••air+ � :`� •�\��i/�� \ _ ,i � I �.J •:� +NdKht IteuinY ��.` �I OMCf Im site plan site section elevation 120 . iMM• .fib ��w---Mwr�.w-•+w-w..ww-�wA 71L.. Ilk; Nbnry kNsl•n oaM.M.r ty, the 76r. 16r. 3 I qa� r moeA loom oammlmNP� labb„ ... 't�� first floor plan AICT7 I ' ' elderly elevation as AP za�� office elevation•bb I i Me kay a ---- 7-7 w mob, preliminary Plat plan ,�.;. 14 Minnesota '.'. Department of Transportation ( District Five 5801 Duluth Street of TWO Golden Valley, Minnesota 55422 November 7, 1979 1612)54S3761 Mr. Chris Enger Planning Director City of Eden Prairie $950 Eden Prairie Road Eden Prairie, Minnesota 55344 In Reply Refer To: 315 SP Plat Review of C.O.R. Investment located in the Southwest Quadrant of TH 5 and CSAH 4 Lot 12, Block 2 of Mitchell Lake Estates in the City of Eden Prairie, Hennepin County Dear Mr. Enger: We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. We find the plat acceptable for further development with consideration of the following comments: — The overall plan for the C.O.R. Investment property was reviewed by us in February 1978 and again in April of 1978. Comments based on those reviews were sent to the City for consideration. — We assume there will be no direct access to TH 5. — Plans for future TH 212 would affect this development if one of the alternates which follow TH 5 is selected. — Increased development at this intersection will add to the existing congestion. At the present time we do not have any improvements programmed for this intersection. If you have any questions in regard to the above comments, please feel free to call me. Sincerely, J. S. Katz, P. . Layout, Research 6 Development Engineer JSK:bn An Equal Opportunity Employer STAFF REPORT TO: Planning Commission FROM: Chris Enger, Director of Planning DEVELOPER: C.O.R. Investment REQUEST: P.U.D. Development stage approval, rezoning from Rural to OFC District of 2.8 acres for anoffice building and rezoning of 1.38 acres from Rural to RM-2.5 for an Elderly housing project. Y DATE: December 6, 1979 P , BACKGROUND r As the Commission is aware, this 5.2 acre site has a P.M. concept approval for multiple housing. The September 27, 1979 request was for a 49,162 square foot office building. The proponent has appeared at several Planning Commission meetings since that time and has modified his request based upon staff and Com- mission suggestions. The currant renuest if for mixed land use, providing a two story, 25,000 square foot office building and 64 units for the elderly in a four story buildinn. SITE PLAN The new site plan contains a bermed buffer area, 50' in width which separates the parking lot area from the duplex housing to the west and south. The office and apartments are serviced by a private road which will have full access to the public road to the south. and partial access allowing right in and right out traffic on T.H. 5. This limited access on T.H. 5, should help spread morning and night peak trips out more evenly around the intersection. A sidewalk system should be provided so that the elderly project has easy access to the office building to the southeast (which is being built as a clinic) and to the Super America station to the east (which will at some time probably operate as a convenience store as well). Parking lot lighting should be of a "cut-off"lumenaire type, restricting lighting to the parking lot surface only, not to exceed 20 feet in height. TRAFFIC The traffic generated hythis development should be between 400 and 70D A.D.T. This as compared with about 400 trips which could have been expected from the 48 units of multiple originally approved for this site. Since improvement of the intersection of County Road 4 and T.N. 5 is currantly being studied by the City and County. the developer should understand and agree that he may be included in an accessment district for improvement of the inter- section. C.O.R. Investment -2- December 6, 1979 RECOMMENDATIONS The Planning Staff recommends that the Planning Commission recommend to the City Council the P.U.D. development stage plan proposed by C.O.R. Investment for rezoning of 2.82 acres from Rural to OFC District and 1.38 acres from Rural to RM-2.5 for elderly housing subject to the following: 1. Any alteration in the type of land use proposed would require review and approval of the Planning Commission and City Council. 2. That the approval of the elderly project be subject to the devel- oper providing it at a "fair market rent" eligible for H.U.D. rental assistance. 3. That the developer explore the feasibility of providing some two bedroom units for the elderly. j i 4. ThAt a detailed landscaping plan which provides screening of the parking areas and lighting from the duplexes to the west and south be submitted for review and approval by the City Staff prior to building permit issuance. 5. As part of the P.U.D. process, that waivers be granted the elderly housing project as follows: A. .5 parking spaces per unit shall be provided, garages will not be required. B. The 2,500 square foot minimum area required per unit in the RM-2.5 catagory is reduced to 939 square feet, based upon Elderly housing only. C. The cash park fee be waivered. ® 6. The developer must submit a detailed grading and storm sewer plan acceptable to the City Engineer prior to building permit issuance. 7. The access to T.H. 5 must be approved by MnDOT. 8. All parking lot areas and driving areas shall be edged with Con- crete curb and gutter acceptable to the City Engineer. 9. The developer understands and agrees to participate in an assess- ment district to be established for the improvement of the 4/5 intersection. 10. Site plan should define a pedestrian system for access from the elderly housing to the eastern and southeastern commercial and office land uses. CE;jo • 6 DEPARTMENT OF TRANSPORTATION ,;'"° C v 320 Washington Av. South Hopkins, Minnesota 55343 HENNEPIN LFU 935-3381 � October 22, 1979 , r' Mr Chris Enger Planning Director City of Eden Prairie f 8950 Eden Prairie Road Eden Prairie MN 55344 Dear Mr Enger «` RE Proposed Plat - "CDR Investments" CSAH 4 SE Quadrant TH 5 Section 8 & 17, Township 116, Range 22 Hennepin County Plat No 781 Review and Recommendations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and found it acceptable with consideration of these conditions: - The developer should dedicate an additional 10 ft of right of way making the right of way 50 ft from the center of CSAH 4. - The developer must widen the existing acceleration lane to 13 ft from TH 5 to the proposed street. The developer must construct an acceleration lane south of the proposed access. - Any new access to a County road or revision of existing access requires an approved Hennepin County entrance permit. See our Traffic Division for entrance permit forms. - All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes, but is not limited to, drainage and utility construction, trail development, and land- scaping. See our Maintenance Division for utility permit forms. - The developer must restore all areas disturbed during construction within County right of way.. Please direct any response or questions to Les Weigelt. Si9cer,ely mes M Wold, PE Chief, Planning and Programing JMW/LDW:bg HENNEPIN COUNTY an equal oppodwMv employer . MINUTES EDEN PRAIRIE PLANNING COMMISSION approved Monday, December 10, 1979 7:30 PM City Hall COMMISSION MEMBERS PRESENT: Chairman William Bearman, George Bentley, Matthew Levitt, Hakon Torjesen, Virginia Gartner, Liz Retterath, and Oke Martinson COMMISSION MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Chris Enger, Director of Planning Jeanie Ohnsorg, Planning Secretary I. APPROVAL OF AGENDA MOTION: Bentely moved, Retterath seconded to approve the agenda as submitted. Motion carried 7 - 0. II. APPROVAL OF THE MINUTES OF NOVEMBER 26, 1979 Considered under Old Business. III. DEVELOPMENT PROPOSALS: AL/COR Investment Office, by Cor Investments, Inc. Request to rezone --nacres rom Rural to Office. fLocaLed south of TH 5 and West of SA Station. The Planner gave a brief gummary of the development explaining that the project has been revised so that it is now a request for mixed land use, providing a two story, 25,000 square foot office building and 64 units for the elderly in a four story building. The Planner continued to say,that the Planning Staff would recom- mend approval of this development contingent upon the recommen- dations of the CDR Investment staff report dated December'6, 1979. Lyle Folkstad, site planner for COR Investment Corporation, explained the change from _an office building to the elderly housing. Fie stated that they have designed this site in such a way that the elderly housing is not near the intersection,causing it to be away from the traffic and the raise of the traffic; and to provide easy visibility of the professional buildings to the Highway 5 traffic. Folkstad then gave a brief explanation of the screening of the site. Bentley inquired how the State Highway Department feels about another development access onto Highway S. The Planner replied that the previous development proposal on . this site did not have direct access onto TH S. However the Planning Staff believes that a right-in-right-out access to 5 f�o approved Planning Commission Minutes -2- December 10, 1979 with this specific development proposal could be helpful. MnDOT should be apprized of this and an access permit applied for. Bentley inquired if there were any drainage problems presently. Folkstad replied that there are no drainage problems presently and that the screening of this site is being done in such a way as to cause the drainage to flow toward TH S. Y' Bentley inquired why the elderly housing development was only being allowed lg parking space per housing unit. The Planner replied that when checking with other communities they have found that elderly housing units were being allowed only k parking space per housing unit. 7 ' Gartner inquired why the units were not being provided garages. The Planner stated that most of the elderly people living in elderly housing units don't own a car. Gartner stated that Eden Prairie does not have much bus trans- portation and that the elderly living in Eden Prairie would be more likely to have cars. Torjesen inquired if it is possible for this project to receive H.U.D. funding. The Planner replied that the project is eligible for H.0 D. funding . but elderly housing on a regional basis is given low priority at this time. He then mentioned that there are a number of different possibilities for funding which the developer will have to explore. Bob Liebig, Knutson Mortgage, stated that the developer had first proposed this site as a completely professional site because he realized that getting elderly housing funding is difficult. He also stated that the developer would like to get this zoning so that they can start the professional buildings and have the space provided for the elderly housing when funding is available. Levitt asked how the elderly people would gain access to Prairie Village Mall. The Planner replied that there is currently a demand activated pedestrian signal crossing on Highway S. With a sidewalk from the project through the Super America site access could be provided. Levitt inquired if this project and the elderly housing project in Prairie Village Mall would be in competition for funding. The Planner replied yes. i29 •rr•. ., Planning Commission Minutes -S- December 10, 1979 { Levitt stated that the Commission has already approved the elderly housing project in Prairie Village Mall which has good facilities all around and that it would be more logical for that project to receive funding rather than the COR project. He then inquired why elderly housing was recommended for the-COR project. The Planner replied that Eden Prairie has an elderly housing goal of 166 units and that the'staff felt that this also was a good site for elderly housing. Levitt inquired if there were medical facilities close to this site. John Darkenwald,realtor for the pra erty,replied that a doctor has bought felaTd southeast of the COR site aid plans to open a clinic there. Levitt asked what amount of traffic this project would generate. The Planner replied that the office would generate in a range from 300 A.D.T. to 1075 A.D.T. and the elderly housing would be minimal Gartner inquired what happens to the elderly housing units if elderly people do not rent them. Bob Liebig, Knutson Mortgage, stated that the demand for elderly housing is very high and that other communities that have elderly housing have found that the housing is filled very quickly. He stated that he has never heard of a problem of not having enough elderly interested in this type of housing. MOTION: Bentley moved, Retterath seconded to recommend to the City Council development stage approval of the P.U.D.,approval of the rezoning of 2.82 acres from Rural to Office District and 1.38 acres from Rural to RM 2.5 for elderly housing per the recommendations of the staff report dated December 6, 1979, provided that a feasibility study be done on the need for garages, and provided that the pro- ponent understands that he may be required to aid in the improve- ments of TH 5 and Coun- Road 4. Motion carried 7 - 0. B. MICHELANGELO GARDENS, by Rembrandt Enterprises. Request to rezone 36.6 acres from Rural to RM 2.5, preliminary plat approval for 7 lots and approval of an Environmental Assessment Worksheet. The Planner gave a brief report explaining that the proponent has been revising the site plan to take into consideration the recom- mendations made by the staff and Planning Commission. Gregg du'Monceaux, representative of Rembrandt Enterprises, stated that they have submitted a grading plan which shows a maximum of 2h:1 slopes surrounding the buildings. Also adequate swales have been incorporated to carry run-off away from the buildings. He �30 a apporved Planning Commission Minutes -2- October 22, 1979 of County Road 4 and TH 5 tieing a Df. Mr. Levitt inquired whether the traffic study was done with con- sideration of the development The Planner replied, the intersection was first studied with out consideration of the development giving the intersection a rating of 0+. It then included the consideration of the development, giving it a rate of D-. E' The Planner also said that the report recommends that TH 5 be devloped into 4 lanes so that the traffic has additional stacking on the through lanes allowing more "green time" on the turn lanes so that it's not stacked up so deeply. The Higghway Department sated that any improvements to the intersection at tf�is time would require i the developers help for financing. Joe Kissinger, 6601 Barberry Lane, Eden Prairie, MN stated that he felt that a fast food restaurant was not an appropriate use .' for this land and that he didn't feel that TH 5 should become a r fast food stretch. He also stated that he would much rather see something such as elderly housing go into that area. Joe Lawler, 7621 Ontario,stated that he is concerned with the drainage, and he wondered if dredging the Meadows outlot area would help the drainage problem behind his house. . 4 The Planner replied that he would check with the Engineering Department. The Planner also reported that hehls suggested to the proponent that they reintroduce the originally proposed elderly housing into the plan in place of the office building north of the restaurants. MOTION: Levitt moved, Gartner seconded to continue the Goneya public hearing to the November 12 meeting. Motion carried unani- mously. B. COR Investment Corp., By Cor Investment Inc. Request to rezone acres from Rural to Office. Located South of TH 5 and West of SA station. A public hearing. Lyle Folkstad site nlanner'for Cor Investment, gave a brief presentation on the Cor Investment project explaining the problems with the pa6 inq lot and parking lot lighting of their first plat. He then presented their revised plat showing that after meeting with the staff they have decided to scale the building down, which will require less parking and allow more area for buffer around the site. and also reduce the traffic impact. • Levitt inquired why the Cor Investment Corp.had changed its land use from a 48 unit housing develooment to a professional building. folkestad replied because of lack of financing. Retterath inquired about where and if there was going to be a frontage road around that project site. Planner replied that there has been some discussion about a front- age road going around the west side of the site. appprroved Planning Commission Minutes -3. Octiber 22,1979 MOTION: Bentley moved, Gartner seconded, to continue the Cor Investment Corp. public hearing to the November 12 meeting. Notion carried Unanimously. C. PRAIRIE VILLAGE PROFESSIONAL, by Eagle Enterprises. Request to rezone 4.4 acres from R -22 to Office and R4 2.5 for small office building and a 45 unit elderly apartment. Located north of TH 5 r and west of Prairie Village Mall. A public hearing. Lance Norderhus gave a brief presentation on the proposed project and stated that after talking to the Planner they know revisions must be made. The Planner explained that the arrangement of eliminating the P western preimeter road of existing Prairie Village Mall as a r second access to the Center by utilizingit as a bank drive-up was a problem becaus of fire safety, elimination of parking and poor approach for the bank. He explained that by revising the plan to have the drive-up facility on either the north or south side of the 5 building*(on the west end) and moving the entire office building west there would be more space provided for proper stacking of tars approaching the drive-up bank, it would eliminate the problem of fire safety, and the problem of parking. Bentley inquired what was proposed for the northeast corner of the project site. Norderhus replied, it is a wooded are and will be left open with not development at all. Bentley inquired what bank was this drive-up facility for. Norderhus replied Suburban National. MOTION: Bentley moved, Gartner seconded, to continue the Prairie Village Professional public hearing to the November 12 meeting. Motion carried unanimously. D. SUTTON FIRST, by Michael Sutton. Request to preliminary plat 4 acres zoned Rl-22 for 6 single family lots. Located west of Baker Road and south of Theresa Place. A public hearing. Orlyn Miller, representing Mr. Sutton, gave a brief presentation of the proposed project explaining the present zoning, and the zoning he is requesting. It has cone to his attention that the culvert in this site which he thought was an outlet is actually an inlet and service a portion of the ditch along County Road 4 near this site which brings water into the site. There is also a part of this development which is utilized by some of the surrounding areas for water collection, although it is not a swamp and is basically dry land. He explained that he has a grading plan which he feels will solve this problem. }tET.tORANDl1M TO: Parks, Recreation and Natural Resources Commission FROM: Bob Lambert, Director of Community Services DATE: December 13, 1979 SUBJECT: Development Proposal Check List PROJECT• COR Investment Properties CDR Investment PROM VENT: RBQUL•ST PUD Development stage approval, rezoning from Rural to OFC District o f 2.8 acres and rezoning of 1.38 acres from Rural to RM 2.S for elderly housing. LOCATION: Southwest corner of Highway S and County Road 4, west of.Super Americ# Station. BACKGROUND• See Planning Staff Report CHECKLIST: 1. Adjacent to parks? (Neighborhood, Community, Regional) No Affect on park• 2. Adjacent to public waters? No Affect on waters: 3. Adjacent to trails? No Type of trails: (bike, multi-use, transportation, etc.) Pedestrian Construction: (asphalt, concrete, wool chips, aglimc) Concrete Width: S' Party Responsible for construction? Developer landownership: (dedicated, density tradeoff, etc.)_ x/A Typo of Development? (residential, commercial, industrial) Office t, Residential Where will CASH PARK FEE go? (what neighborhood) Mitchell Lake Area Need for a mini-park? No i33 i .z. 5. REFERENCE CIIECK: P a. Major Center Area Study: N/A b. Neighborhood Facilities Study: This area is located within h mile of two community parks. c. Purgatory Creek Study: N/A r d. Shoreland Management Ordinance: N/A e. Floodplain Ordinance: N/A f. Guide Plan: The Guide Plan depicts this area as multiple. g. Other: 6. Existing or pending assessments or taxes on.proposed park property: N/A 7. CASH PARK FEE? Shall be paid on the office site, should be waived on the elderly housing site provided that it meets HUD requirements for rental assistance. 9. Adjacent neighborhood type, and any neighborhood opinion voiced in favor or against proposal: 9. Number of units in residential development? 64 Number of acres in the project? 4.21 Special recreation space requirements: Alone 10. STAFF RECOHNUiNDATIONS: Recommend approval as per Plannine Staff Renort dated December 6. 1979 I�q i .mites - Parks, Recreation b unapproved January 7. 1980 ` Natural Resources Commission -3- 5 Providing well rounded recreationalprograms for all a es and .) ) 9 9 sexes { 6) Bluff Ordinance - We have a Slope Ordinance, but should look at Bloomington's Bluff Ordinance as an example. 7) Better environmental awareness in planning. t, 8) Watch creek development closely 9) Park Use Ordinance Kruell stated that in setting the goals the Commission should do more than hand out assignments to the staff. Good goals are achievable; and consideration should be given to each step of acheiving the goal. Lambert agreed, adding that the Commission should measure the accomplishment of the goals, or steps toward the final goal at various points in time. R. Anderson suggested, and the Commission agreed, that staff should take these suggestions and compile a set of goals for the next meeting. Dave Anderson expressed concern that with the stepped up park development resulting from the successful bond referendum, the park planner may not have adequate time to act on these goals. R. Anderson added that additional staff does seem neccessary at this point. Lambert replied that the goals should be acted on as soon as possible, even though some things may not be done until the latter part of the year. Additional staff has been authorized; An engineering technician is needed to study grading plans, do surveying, etc., in order to free the park planner for his office work. An arena manager should be hired when the bids are let for the Community Center, or even a month before, since his help will be needed to coordinate projects with the architect and contractor. This may occur next fall. B. Reports of Staff I. Development Proposals — a. COR Investment lambert reported that the Cash Park Fee Policy on Subsidized Housing for the Elderly will be an agenda item at the next Council meeting on January 8, 1980. He recomnended that the Commission review the proposal on the merits to be presented by the representative tonight. Bruce Knutson, representing the COR Investment Company, described the proposed housing unit for the elderly and medical office building, to be located at the southwest corner of Highway 5 and County Road 4. �J Minutes - Parks, Recreation E unapproved January 1. 1980 Natural Resources Commission -4- Tangen asked if the housing was to be under a grant program, and was told that Section VIII Funding had been applied for. R. Anderson asked how the residents of the housing units were to cross Highway 5 to get to the shopping mall. Knutson indicated that the present plan requires crossing County ' Road 4 to the proposed bike trail, crossing Highway 5, then re-crossing County Road 4. Lambert noted that the turning lanes present a dangerous situation. He asked if the developer would at least consider a hard surface trail from the housing units to the trail along County Road 4. Knutson indicated that the developer would do this. Dave Anderson indicated that he would like to see the intersection at Highway 5 and County Road 4 upgraded. Kruell stated that he liked the first proposal (Prairie Village Professional) due to need, and their consideration of a trail system. He is opposed to developers changing plans in order to meet popular grant requirements. This project does not seem neccessary. Fifield asked how much green area would be left around the buildings. He was told that the plan allows 50 feet, Fifield then commented that safe and easy access is not apparent in the plan. The buildings, housing 64 units and offices, are locked in.by parking lots. Lambert asked how much parking is allowed for the 64 unit housing development for the*elderly. Knutson told him that there will be spaces for 32 cars. MOTION: Kruell moved to recommend to the Council denial of the COR Investment proposal. Seconded by Fifield; Johnson, Kruell and Fifield voted "aye" and Tangen, R. Anderson, D. Anderson and VanMeter voted "nay". motion was defeated 4 to 3. MOTION: Dave Anderson moved to recommend to the Council that they approve the COR Investment proposal per staff recommendation, with the exception that the Cash Park Fee not be waived, that it be set at $100/unit and that it be allocated to the Senior Citizen Center at Staring Lake. Tangen seconded the motion. Johnson, Kruell and Fifield voted "nay"; Tangen, R. Anderson, Dave Anderson and VanMeter voted "aye"; motion passed 4 to 3. b. Feeders, Inc. MOTION: Tangen moved to recommend that the Council deny approval of the Feeders Inc. proposal, due to the lack of information; seconded by Johnson. DISCUSSION: Dave Anderson asked if the lowering of the-floodplain level is being reviewed by the Watershed District. i Michelangelo Gardens Condominiums Preliminary Plat / Rezoning Prepared for: Rembrandt Enterprises 3434 Heritage Drive Edina, MN 55435 Prepared by: K. Bordner Consultants One Appletree Sq. Suite 291 Bloomington, MN 55420 157 { 1. PROJECT IDENTIFICATION a. Ownership: Rembrandt Enterprises, Inc. Purchased for: Purchased by: Rembrandt Enterprises, Inc. Nature of Title: b. Developer: Rembrandt Enterprises, Inc. Nature of Business: Owner/operator of several retirement housing pro- ject Including: Rembrandt - 88 units Roybet - 65 units Heritage Manor - 63 units Also involved in several development projects In Twin Cities area as well as other cities including: Detroit, Michigan,Livingston, Montana. These Include residential, commercial, office, and industrial uses. Imrolvment: Intention_on this project are to be developer, ownerloperator of the project. c. Fiscal Resources: Interim resources provided by Rembrandt Enterprises with long tern to be determined. Nature of participant will be private capital and property. d. Development Method: Rembrandt is anticipating developing their project probably as condominiums; responsibility of common area and facilities i are responsibility of Ando Association e. Development Timing: We anticipate the planning and approval process to be completed this year, design ,of phase one, and construction to begin by fall of 1980. f. Critical Public Decisions: Site has access, all utilities are available to the site and any others will be dealt with in the next 4-6 month period. Storm sewer is not available to site and site drainage must be designed, 9• 2. PLAN AREA IDENTIFICATION a.b. Identify Boundaries/Project Area: Site is 36+ acre parcel located in Eden Pralite lying north of Nine Mile Creek and east of Highway 169-212. It Is bounded by the Hanson property to the north and Anderson property to the east,Schoenfeld property to the south and Highway 169 to the west. c. Regional Relationships: d. Existing Land Use/Occupancy: Property Is presently not In use and has no occupancy. PUD / .• .,._ t st rr wt�c mow... sue; ,! •t �' 1 . � is t !�,� r PUD ```� � ry 5'MJL71J FiLV1I ' 1sr�." }-. OFFICEi a �;1•.,L '�•'. lk COMM pt v t wh i 4` �; `� .� '* i l t•'4�'i�'/,, 1 ;tei.s f soft" j"� �c�;Y�I� PUD' t � � tF -� •���•'J�`-1� .._` r 1 �,su t.. ��,n n-Did i ,o.t, r• �FP h. '*• tip ,;'y i�snt.. rr vroi IV i ,FA. PUD70-4 I t �•�• 1 .•a `rC thb t `1 f.V I I jr�•' r —.�sr.�(Ly���� .� �•t orc. FOP /}( At ,ft ib i ,,.�.',•r:�. . .•Z.N'- .► PUDIf Ill 43 703 . •�1•i� ram. r�3�t It,R •.....,... •1`�\`�•,,+U •�� �'; i a .FP. .. :.• ,�1�r•��' a�.it'1�\,iJ''f'�,, ` r...aIYJ.V7...•.► _.... � . . f. Zoning Property Is presently zoned open or agricultural. g. Guide Plan: Eden Prairie guide plan has this property directed toward medium-high density residential use. (See guide plan, next page.) h. General Analysis: Much of the property along the west and southerly boundaries are non-developable properties having extremely poor sub soll condition and being located in the Nine Mile Creek flood plain. The remaining portion of tho property located on the north and western boundaries of the property is gently rolling to hilly and has healthy cover of mature oak stands that should be preserved. Property also is In a buffer area between industrial uses to the north and east, and residential uses to the south. These reasons, Le. limited site develop- ment, natural feature and vegetation that should be preserved, and being a transitional or buffer area all point toward the site use as medium-high density residential. 3. PLAN PROJECT AREA ANALYSIS a. Topography, Slopes: Westerly portion of site abutting 164 generally flat at a topography of 860 feet. Along southern border topography ranges from 840 feet to 850 feet. This Is the Nine Mile Creek flood plain area. The remainder of the site in the northeasterly portion of the site Is a rolling hilly area with topography ranging from 860 feet to 880 feet. Slopes are generally moderate but in some areas they do get steep. (See Exhibit 3.) b. Soils: Solis on the westerly portion of site along 169-212 are very poor having 5-7 feet of good soft over up to 30 feet of unbul{dable soft. The southern portion of the site is in the Nine Mile Creek flood plain and is also unbuiidabie. The remainder of the site is roiling and wooded and Is suitable for development. Soil tests have been done and will be pro- vided if required. c. Vegetation: Vegetation on the site exists predominantly on the buildable portion of the site. It consists generally of small trees/shrubs, and mature stands of oak trees. (See Exhibit 2 for further identification and location.) d. Water: There is no standing or running water on the site. The southerly border of the site is in the flood plain of Nine Mile Creek. Being lit the very edge of the flood plain, the site Is dry and can be walked through. e. Photographic Analysis: (See enclosed air photos of site area.) I i - -- -� ,. I p Rh1 RM H/Id _RC Rc )� Id 117, - RC , l RG RC ISM ,. _ �C/ ) Iql f f. General Natural Ecological Analysis: Generally the development of the site will respect and respond to existing contours of the site; preserve the existing stands of mature oak; and not disturb natural habitat existing i in the flood plain area. 4. PLAN PROPOSAL i a. Goals: 1. To provide a medium to high density project to meet the expanding hous- Ing needs Eden Prairie and the southwest sector of Metropolitan area. 2. To provide a use for the site which will be Its highest and best use and will best serve the community. 3. To provide a transitional need in the area from the office/warehouse uses on the north and east to residential and lower intensity uses to the south. I 4 4. To preserve the natural amenities of the site at the same time provided 4f a convenient comfortable place to live. b. Land Use: The land use for the site will be In .3. categories generally. (See Exhibit Ia.) 1. Recreational/Open Space: 16+ acre abutting Highway 169 where soils are not suited for development will be used for recreational purposes. A golf course has been suggested as a potential use for this property. 2. Natural (Flood plain): This use will exist along the southern border of i the property that lies in the flood plain. It constitutes approximately j6+ acres of the site. 1 3. Residential: Approximately 14+ acres of the site Is suitable for building i purposes and this portion of the site would be proposed to be developed as a medium to high density residential project consisting of a majority of condominium type unit and some townhouses. The overall site would have a density of 10-11 unit/acre. c. Transportation: The sites close proximity and accessibility to the metro- !k politan freeway system via U.S. Highway 169 and 212 make it an oppor- tune site minutes away from the Eden Prairie Center, the Southdale i'• shopping center, and the 494 strip. Immediate access to the site from Highway 1'69 is via the existing diamond interchange at County Road 61 (Shady Oak Road) and then south on Flying Cloud Drive. Future access to the site may be provided by a connection for Valley View Road to j the south. Flying Cloud Drive presently ends at the site and is there- fore usod very little. Development of this project would therefore affect existing traffic very little. t42 B � f Go, S}yrPpf Qa1�''� I N .°0 l NW�IP� a SITS. 3�3 � A"-e% bl ur .wmupu + i t d. Common Area and Facilities: The site has a considerable amount of area to be developed as common area uses. Facilities suggested for these areas include a golf course, tennis courts, swimming pool and recreation building. These facilities will be the property of and the responsibility of the project association. Phasing of these facilities are yet to be determined. e. Utilities: All utilities including sanitary, sewer, water, gas, and electrical are immediately available to the site. Storm sewer is not available to the site and a proper drainage system for the site would have to be designed. (See Utility Map.) i f. Mass Grading: No mass grading Is being projected for the site. Some excavation will occur however, as the structures are being proposed to set into the hillside. g. Development Phasing: Although a final phasing program has not been established, It is anticipated that the project will develop in four phases, each being two or three structures. Phase one would begin at the north end of the site with phases 2.3. and 4 devaloping to the south as the earlier phase's development is completed. I. Housing-Population Profile: The project will be a mix of one, two, and three bedroom units ranging in cost from $60,000 to $90,000 providing housing for an adult community ranging In age from late twenties to early sixties. j. Land Use Profile: (See b. Land Use.) k. Transit impact Analysis: Initial access for the site would be from Flying Cloud Drive. As Flying Cloud Drive presently ends at the site the present traffic flow is minimal In serving only a couple industrial users. This project would be the only substantial user cf Flying Cloud Drive at this location and with the existing road system. As the project deve- lopes, a southern access from Valley View Road is proposed for the site, . thus. reducing future traffic loads. 0Jn f I 00a T� i cC uc .......- Rig ��sa/ �!• Z c V 1. !— cv cc • r �6 (0 L ' o� YYYY fill • i t i t ;' ; y � f C� Ft 1. _ 0) 1y� �w t� Itu j4j _ W I I-og 1 Jillt ., I CA all CS _ems: �, -_ ., X:.• •�q _� t� • 149 r 71 1i ~. wn.! ' yr IR vo ads 0 Ll w dt a I lid W dS sL: tL Ala lip . • c r s • • { i" i i • 4r s , - d om ' 77 •r O. Q Ai rS Al at rA at to # j} t sr rs �6t rs I go to �1 I r 1 I as ai to .I f. a i iS At is N: is l at to Og ai to Ofd a i to :t h c a In i Q ( R� all t 1 M IS At is u at as � t t At ON A; xa S At to ae to tell �' f r C3 At M IA 1 Oz 4� G IA Til 1R �l �C i Ism i i '2mm 1 .. • ...�. N JseJd u 9d �° °- . � A •sopuoa suepief} 0LG6uejey3s!t IM 1•� I « M M '-• N .A N tY 2 E g� .. N • 1•L .. 'T y Pj « s - N A 15b f �o N •M � I AN ti Was 3 apt za- CL Q, =r -� m 10 �,` ..Jr N N. ��•` IMI � C'� � �: .mow •g �.� . I STAFF REPORT TO: Planning Commission FROM: Chris Enger, Director of Planning DEVELOPER: Rembrandt Enterprises/Michelangelo Gardens r REQUEST: Rezoning from Rural to RM-2.5 of 36.3 acres of land for approximately 272 residential units and preliminary platting. DATE: December 6, 1979 REFER TO: Planning Staff report October 6, 1979 BACKGROUND The proponent has been revising the site plan to take into consideration the following suggestions from the staff and Planning Commission. 1. A grading plan has been submitted which shows a maximum of 2h:1 slopes surrounding the buildings. Also adequate swales have-been incorporated to carry run-off away from the buildings. The grading plan also illustrates berming along the north and east borders of the project that should (in conjunction with heavy plantings) adequately screen surrounding industrial uses. 2. Proper setbacks have now been incorporated into the plan. Screening of parking as required by ordinance will have to be provided through landscaping. 3. The most recent plan illustrates a new southern road location which has been worked out with the property owner to the south. RECOMMENDATIONS The Planning Staff recommends that the Planning Commission recommend approval to the City Council of the Rembrandt Enterprises request for rezoning from rural to R14-2.5 for approximately 272 residential units and preliminary plat- ting subject to the following: 1. That Rembrandt Enterprises submit a legal description prior to City Council action which excludes all floodplain and recreational areas from the rezoning request. 2. The cash park ftr and or land dedication be determined by the Citv Crnmril upon recommendation from the Parks and Recreation and Natural Resources Commission. 3, Prior to construction, a.detailed grading and storm sewer plan be submitted to the City Engineering Department and the Nine-Mile Creek Watershed District for review and approval and that the City and Watershed District shall be notified atleast 48 hours prior to any grading on the site. f(a� ~ Rembrandt Enterpris December 6. 19T9 Michelangelo Gardens -2- �- 4. Pedestrian system must be delineated to provide access to the open space area. S. A detailed landscaping plan shall be submitted to the City Staff for review and approval prior to building permit issuance. 6. The Developer shall construct the public road to the southern temporary cul-de-sac as a part to the requirement for building any part of phase III of the project. The remainder of the road to the properties southern boundary shall either be bonded for or constructed at that time. CE13o k ILA STAFF REPORT TO: Planning Commission FROM Chris Enger, Director of Planning OWNER: Rembrandt Enterprises Incorporated APPLICANT: Rembrandt Enterprises Incorporated PROJECT NAME: Michelangelo Gardens REQUEST: Rezoning of 36.3 acres from Rural to RM-2.5 for.41aunits and preliminary platting for 5 lots and 2 out lots. LOCATION: Project is located in the Smetana Lake sector of the city,east of 169/212, south of Shady Oak Road extension and directly west and adjoining Shady Oak Fifth Addition. The project is bordered on the north by Hanson Auto Parts and on the south.by Nine Mile Creek. DATE: Oct.6, 1979 BACKGROUND The 1979 Comprehensive Guide Plan depicts this area as either high density residential or industrial. The existing zoning on the site is rural and our zoning ordinance would allow 632 units at a density of 17 units per acre gross density based upon the RM-2.5 category. The site is proposed for a total number of residential units of 272 bringing the total gross density of the site to approximately 11 units per acre. The request is in conformance with the concept of the Comprehensive Guide Plan and meets the density requirements of zoning category for RM-2.5. The Shoreland Management Ordinance would require that the residential units be setback 150 feet from Nine Mile Creek. In this case the closest units are in excess of 300 feet of the Creek. Ourlocal flood plain ordinance would not allow encroachment into the floodplain without a permit. Currently the pro- ject does not propose filling witnin the flood plain. The residential units must be a minimum of 2 feet above the 100 year flood elevation. An Environmental Assessment Worksheet is required on this project because it is more than 40 units in an area adjacent to shoreland. The Environ- mental Assessment Worksheet has been prepared and is carried along with this request for review. ORDINANCE REQUIREMENTS As stated previously,the RM-2.5 category of Ordinance 135 requires 2500 square feet of lot area per dwelling unit. The project does meet this criteria. In addition,the RM-2.5 category provides for a 35 foot front yard setback from public right-of-way, a 25 foot side yard setback and a 30 foot rear yard setback. The maximum height of the structure is 45 feet. The roads proposed within the project are currently shown as public right-of- ways. The east-west road through the project would either have to become a private mad,rot requiring front yard setbacks, or front yard set backs would have to be increased to be inconformance with the ordinance. Parking is not allowed within a front yard setback. All the parkinq proposed for all the buildings is in conflict with*the front yard setback requirements of ordinance 135. i Michelangelo Gardens -2- October 6, 1979 , In addition the building proposed in phase three and the building proposed t' in phase four are in conflict with the front yard setback requirements of I the ordinance. The townhouses shown in phase four are also in conflict I with the front yard setback requirement. Inaddition the north end of the building shown in phase 3 and the west end of the building shown in phase two are in very close proximity to each other and from a design stand point are very tight. Also required in Ordinance 178 is screening of all parking areas from public right-of-ways. This may be accomplished in the front yard setback and will have to be illustrated in a more completed landscaping plan prior to building permit issuance. SITE PLAN The grading plan as it is currently drawn would require removal of a con- siderable amount of vegetation on the site. Within the central area of the site,enclosed by the public road that would wrap around the west and south sides of the site,only one major area of vegetation will remain. That would be the area of vegetation occurring on the very small north tip of the hiqh knoll and the area of vegetation lying east of that between buildings. The other area of remaining vegetation on this site would occur directly north and adjacent to the northern property line in the very central portion of the site. The remaining vegetation on the central portion of the site would be removed because of grading required for building construction. Grading around the southern portion of the very high knoll in the very center of the site must be studied much more carefully by the proponent in that.a one and a half to one slope (which would be a one foot verticle drop for every one and a half feet of horizontal distance or practically a 45 degree slope) would exist between the top of the hill and the edge of the buildings even though these buildings were notched onefloor into the hill. This is a situ- ation which will create tremendous pressure on the structure of the building and a water problem. New plans are being prepared by the proponent which will illustrate provision of a transition area along the eastern boundary of the site between this pro- posed residential and Shady Oak Industrial Park 5th addition. Looking along the eastern boundary of this site the ridge of the hill which is approximately at 890 would be extended from the center of the eastern boundary northerly to provide a ridge line similar to the ridge line which goes to the south alono the eastern boundary. This will provide screening of the industrial park area from this residential use. All grades on private and public streets are subject to City review. Grades on City streets should not exceed 7 �%. Although it is somewhat difficult to tell from the grading plan submitted it appears as if qrades on the major north west, south east spine road will not have to exceed 7 ,%. Grades on some of the private roads are shown in excess of 7 b and must be corrected. ROAD SYSTEMS Access to the site will be obtained from the north west corner at the end of Flying Cloud Drive and at the north east corner from the end of Nest 70th Street. The entire project will have to be served off of this road system t 'kit us 90 Z. > L JlI o •6 i` fn cm - 1� 1 Q 11 N $ ew z It z� ! � 99 . m Elf .. -� � m UK �. ii OREM i Michelangelo Gardens -3- October 6, 1979 however,the opportunity for a connection through toward the south east through the Schoenf elder piece or further east through the Briarfieid Estates t piece is made possible by the extension of the road way to the south east corner of this site. The developer should extend the road way to the condominium site shown in phase four and bond for the construction of the remainder of the road way to the south east corner of the property in order to allow adequate opportunity for this connection to occur in the future Right-of-way along the southern potion of Shady Oak Fifth addition is being dedicated by Richard Anderson so that the road may be extended in the future if necessary. OPEN SPACE The Park and Recreation and Natural Resources Commission has reviewed the open .- ... space in this project in the P.U.D. phase. Aithough they feel it can remain private they will require particular open space uses. The project should develop internal pedestrian systems to access the condo- minium owners to the park area. RECOMMENDATIONS The Planning Staff recommends that the Planning Commission recommend approval of the preliminary plat of 5 lots and 2 out lots and approval of the request for rezoning from Rural to RM-2.5 to the City Council subject to the following items: 1. A correct grading plan illustrating proper grades on private and public roads and proper consideration of slopes be sub- mitted to the Planning Department for review and approval prior to City Council action on this item. 2. The Nine Mile Creek Watershed District must receive and review the grading plan,erosion and sedimentation control plan prior to construction and both the Watershed District and the City shall be notified atleast 48 hours in advance of any grading to occur on the site. 3. The site plan must be revised to bring this request in to con- formance with Ordinance 135 with regards to setbacks,grades on roads and screening of parking. 4. The revised site plan should correctly depict grading con- siderations on the eastern side of the site which will buffer this residential area from the Shady Oak Industrial Park lying to the north and east. 5. Revised site plan should correctly delineate pedestrian systems that might give access to the open space area. 6. The proponent shall appear before the Park and Recreation Com- mission for review and consideration of the Park and Recreations aspects of this plan including dedication of the western 16 acres and development of this area as a public park. 7. No grading or development shall occur on the site prior to a second reading of the zoning ordinance and approval of the Environmental Assessment Worksheet by the State. /Z Michelangelo fardens -4- uczumr o, 4vi7 S. The north west, south east public through road shall be pro- vided with a temporary cul-de-sac at the southeastern terminus adjacent to the most southern building, and a bond which would cover the cost of construction of the remainder of the road way to the southeast corner of the site shall be provided to the city to allow the opportunity for continuance of the road through in the event it becomes necessary. 9. The final site plan taking into consideration all architectural plans and final grades shall be submitted to the City Planning staff atleast one month prior to building permit issuance. 10. In order to insure that the floodplain and open space area remain undeveloped, the developer should submit a separate legal descrip- tion of these areas prior to Council review so that these areas may be zoned PUB (public). CE:jo 16? NEEK)RANDUM (' TO: Parks, Recreation and Natural Resources Commission FROM: Bob Lambert, Director of Community Services DATE: January 4, 1980 SUBJECT: Development Proposal Check List PROJECT: Michelangelo Gardens PROPONENT: Rembrandt Enterprizes REQUEST• Rezoning from Rural to RM 2.S of 36.3 acres of land for approximately 272 residential units and preliminary platting. LOCATION: East of 169/212, south of Shady Oak Road extension. BACKGROUND: See Planning Staff Report of December 6, 1979, October 6, 1979 and September 20, 1979. (Oct. 6 and Sept. 20 in earlier packets) CHECKLIST: 1. Adjacent to parks? (Neighborhood, Community, Regional) Affect on park: 2. Adjacent to public waters? Nine-Mile Creek Floodplain Affect on waters: None ;. Adjacent to trails? There is a proposed trail corridor along the southern boundary of the site. • Type of trails: (bike, multi-use, transportation, etc.) Pedestrian Construction: (asphalt, concrete; wood chips, aglime)Ag lime or Woodchips 61 City Width: Party.Responsible for construction? Landownership: (dedicated, density tradeoff, etc.) Dedicated Type of Development? (residential, commercial, industrial) Residential Where will CASH PARK FEEgo? (what neighborhood) Smetana Area Need for a mini-park?. Not as long as the proposed recreational facilities are provided. i •2• r S. REFERENCE CHECK: a. Major Center Area Study: N/A b. Neighborhood Facilities Study: N/A C. Purgatory Creek Study: N/A d. Shoreland Management Ordinance: No construction of structures within the fioodplain. See Planning Staff Report. e. Floodplain Ordinance:�ea pl • .d Staff 8e;wr* See Planning Staff Report f. Guide plan: g. Other: 6. Existing or pending assessments or taxes on proposed park property: will be Paid Prior to dedication. --- 7. CASH PARK FEE? The fee applicable at time of building Permit shall be Paid. 8. Adjacent neighborhood type. and any neighborhood opinion voiced in favor or against proposal: 9. Number of units in residential development? 272 Number of acres in the project? 36.3 gross acres Special recreation space.requirements: See staff recommendation. _ 10. STAFF RECOWIENDATIONS:Staff recommends approval as per planning Staff Report dated December 6. 1979, with the following exception: N2. The cash park fee applicable at time of building permit shall be paid, and the Nine-Mile Creek 06 p ain shall be dedicated to the City. 07. The western portion of the site should either be developed as proposed prior to Phase 2 of development, ordedicatedor public par purposes ac ac as YVYaW F public" !--"' '"0 remaining cash park fee should be waived. 1t0 J z/R/77 liT+7t:F3flfA EHvinoNwtNTAT. QUALITY ci%JHCIL November 1, 1979 l ENVI)iaSNENTPI. ASER5S.4ENT WORKS))EET (1 AW) AND NOTICE. GF FINDINGS• .00 Do NOT WRITE IN THIS SPACE E.R. t NDTEa Fhp pupose of tlxt Environmental Assessmsnt 11orksheat: (MI) is to provide inforkition on a project so that one can assess rapidly whether or not the project requires an Environmental Impact Statement. Attach additional 'Pages, charts, ma}„ etc, as needed to answer these questions. Your answers should ba as specific as Pvssiblo• Indicate which answers are estice.ted. MUM � A. ACTIVITY FINDING BY RESPONSIBIE AGENCY (PERSON) �{. l"ative Declaration (No EIS) EIS preparation Notice (EIS required) B. ACTIVITY IDEUTTFICATION Michelangelo Gardens 1, project nw-ce or title _-- 2. P1oje<t pzoporer(sI RembrandtEnterprises,Inc. Addre<s 3434 Heritage Drive, Eden Prairie, Minnesota 55 Telep)ione Number and Area Code t 612) 920-9145 _- 3, Responsible Agency or Person City of Eden Prairie Address 8950 Eden Prairie Road, Eden Prairie, Minnesota 5044 Person in Res �sjb Agency (person) to contactr further information oil this PAW: iris Enger Telephone 9 17-. � 4. Inis F.AW and other supporting documentation are available for Public in- spection and/or copying at: Location 8950 Eden Prairie Road — Telephone• 937-2262 Hours A A M•-43n P.M. 5. Reason for EAW Preparation C7Petition other x F�ndatory Caterory -ci h (b) (uu) ,IC 1:ulo numis.r(s) or more residential' units any part within a shoreland area) C. AC.IVIT-; OtSCRIPTIUN SU)L".ARY 1. project location countyHennepin city/Taullship name Eden PrairJ_tJ1i. `�+.�3` 4d Township number. 116 (North), Range Number 22-Fy£L Ore(c(rcla One), Section nutalwX(s) 12 trout addretts (if in a ty) or legal dcscriptions . i�4 2. Typo and scope'Of Proposed project: t 272 condonimium units on 36.3 acres (includes 25.1 acres of recreational/open space) 3. Estimated starting date (month/year)Jun@, 1QAn .. Phase-1, R7 un is October 1, 1981 4. Estimated completion date (month/year) 5. Estimated construction cost��million 6. List any federal funding involved and known permits or approvals needed from each unit of government and status of each: Unit of Government Name or Typo of Permit/Approval Status (federal, state, or Federal Funding regional, local) City of Eden Prairie zoning, platting approval pending Nine Mile Creek land alternation permit pending Watershed District EQg Finding of no significant impact pending 7. If federal permits, funding or approvals are involved, will a federal F.IS be prepared under the National Environmental Policy Act? No?Ls X t�r1KNONd II. ACTIRITy DL•scr.IPTIcu A. Include the following maps or drawings: 1. A map showing the regional location of the project. 2. An original Sh x 11 section of a U.S.G.S. 7� minute, 1:24,000 scale map with the activity or project area boundaries and.site layout delineated. Indicate quadrangle sheet name. (original U.S.G.S. shoat must be main- tained by Responsible Agency; legible copies may be supplied to other EAW distribution points.) 3. A sketch map of the site showing location of structures and including significant natural features (water bodies, roads, etc). 4. current photos of the site must be maintained by the Responsible Agency. Photos need not be sent to other distribution points. B. Present land use. 1. Briefly describe the prevent use of the site and lands adjacent to the ::ite. The site is presently unused. To the north is an auto saivage yard, to the east are industrial and office buildings, to the west is US 169-212, and to the south is Nine-Mile Creek. 2. Indicate the approximate acreages of the site that are: a. Urban developed Q_acres f. Wetlands (Type III,IV,V 0 acres b. Urban vacant _Q_acres g. shorelrnd 5 acrol. c. Rural developed 0 acres h. .Floodplain 16 acres d. R:n•al vacant 36.6 acros' i. CroplancVPasture laud 0 acres e. Itc::trytatcd Iiedro-16 cosForouted 7des ation/M)en .^.Pace (fioodplain and recreational i a 1 � 1 i ANORII ' r— y M, R ��• ..wa[r i u¢. + wA l4[ i /nNN 1 + .-...ia+ 4-w �- .wYw N..N NMH•A `NU ' crt cal. <[•YNMI �► p AN N• .\.I.l 1717�I•VL•11 a,Ila + tf•W IWf1141 WA•N 6TpN--CO i4fINKl• N.f••N MIN NM A IN.IAw A —I -- •.M.INrNf l V Mf1 p i iN;a. Y.x�.. nN• r.YwA \ I M•NN[/IN CO. 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MNN.A •.wMia• `Y=.,iN _ 1 1 r —LOWNNU M1NNL r 1 1 h•rww. �vwoaln I s.pY¢lr[ I cNou scan co. ..au R.w 1 1 t--�1 � ��• .a4[Nr 1 .NN R.IU I .fafu � ¢tOYwI ' � MtU I• CUNt YK• I � •Nl.�tf1 N..tN•IA 1 1 • 1 �r--L[j���.1 I 1 441M 1 MIK\N r.R.aNI � 7tN 1 1 1 1 l {�-- ---7---� M-,— to Ion MNK • 10 N >o » Rt r ¢.11n4! p.N•.00 ,," I � .�x4r• � TWIN CITIES METROPOLITAN AREA it is { c it 77 '24-.3 IV ,, �f1 ..'b,: ice- �� } � "�' `�• _ '.� � -i- le 2 HOPKINS Uw� �� QUADRANGLE -•,1^} .F ,. 'w I}4 1` !C:y'� + ,— ; iZ 13 24. �{ �tti� r a� EDEN PRAIRIE i• �l a r , �•Lirt+ t, nt 47' QUADRANGLEfiRAf 1:` „( t,'., 1 a,R•s• N+M '';, ,.�M1 n + ,�' , �.T3 tl.a mac• r. ' 24 .17 13 .r,~��ti► ��' 1f u.{"'ial �L... ��� . COI m ocfill a ilia 1 81 M £ .» � _ ice. • �. I . � tt� lilt • Ott i 3. List names and sizes of lakes, rivers and streams on or near the site, particularly lakes within 1,000 feet and rivers and streams within 300 feet. Nine-Mile Creek is approximately 100' to the south. l: C. Activity Description 1. Describe the proposed activity, including staging of development (if any), operational characteristics, and major types of equipment and/or pro- cesses to be used. Include data that would indicate tho magnitude of the proposed activity (e.g. rate of production, number of customers, tons of raw materials, etc). Initial activity will be utility&road construction followed by construction of Phase I, 87 units ( 3 buildings ). Phase 2 will include 57 units, Phase 3 will include 80 units, and Phase 4 will include 48 units and complete the project for a total of 272 units. 2. Fill in the following where applicable: a. Total project area 36'6 acres g. Sire of marina and access sq. ft. or channel (water area) Length NA miles h. Vehicular traffic trips generated per day 1600 ADT b. Number of housing or 272 NA recreational units J. Number of employees _ c. Height of structures 30-4():t. j. water supply,n eded 76,000 gal/da' (Ordinance Maximum 45� Source: mum cfpal d. Number of parking spaces 570 k. Solid waste requiring disposal 540 toils/yr e. Amount of dredging NA cu. yd. 1. Commercial, retail or f. Liquid wastes requi%�90 industrial floor space rq. ft. ing treatiaent dal/da III. ASSESSMENT OF poirVrIAL ENVIROME-11TAL IMPACT- A. SOILS AND TOPOGWIM 1. will the project be built in an area with slopes currently exceeding 12%? No x Yes 2. Are there other geologically unutable, areas involved in the proirot, such as fault zones, shrink-swell soils, peatlands, or sinkholes? _W X Y►' 3. If yes on 1 or 2, describe slope rconditions or unstable area and aTry measures to be used to rS�ucesOtlergpOt adverse kmpacts. 1 P nS III.A. 3. Soils About 50% of the site is Marsh soil and will be retained as open space or developed into recreational uses. Salida coarse sandy loam and Burnsville sandy loam comprise the buildable soils on the site. Erosion of Salida and Burnsville soils,after cover is removed during construction and due to the site's steep slopes, could be severe. It is imperative that the developer/contractor closely follow all rules and recommendations of the Watershed District to prevent soil loss and damage to Nine Mile Creek. Frequent on-site inspections will be conducted to insure erosion control measures are functioning. �t U .may` (� 7R ' 7 � 'ii''-'cif• �:,,.�. !•:r`:.� =1 � f'�,•�.: '�� ��,•.",Y.S"..►fat X,fit.�� �%. Burnsville m -3a- sere as oo 300 am& 4. Indicato suitability of Oita soils-for foundations, individual septi e systems, and ditching, if these ail -included in the project. The soils are suitable wherebuilQings are to be located. r 5. Estimate the total amount of grading and filling which will be done: 100000u. yd. grading100,000:u. yd. filling n What percent of the site will be so altered? �-1"i 6. Met will be the maximum finished slopes? 5-10 t 7. What 'steps will be taken to minimize soil erosion during and after construction? Nine-Mile Creek Watershed District will review development plans and recommend soil erosion measures. City staff and Watershed District staff will make frequent on-site inspections. $. VB=hTION 1. Approximately what percent of the site is in each of the following vegetative types: Woodland 25 t Cropland/ 0 t Pasture Brush or shrubs 25 ti rharsh 20 • Grass or herbaceous 30 t other 0 (Specify) 2. Now many acres of forest or woodland i ill be cleared, if any? 6 acres 3. Are there any rare or endangered plant species or areas of unique botanical or biological significance on the site? (See Mi publication The llncorwron Ones.) X NO YES or area and indicate any measures to be used to reduce potential adverse impact. C. FISH AND w11.DLIFE 1. Are there any designated federal, state or local wildlife or fish manage- ment areas or sanctuaries near or adjacent to the site? NO YES Nine Mile Creek floodplain is to the south. 2. Are there any known rare or endangered species of fish and wildlife on or near the site? (See DNR publication 'tile thicorccc+n X NO YES Ones.). 3. will the project alter or eliminate wildlife or fish _NO X YES habitat? 4. If yes on any of questions 1-3, list the area, shxcies or habitat, in', indicate any trn•asures to be hued to reduce 1x+tent.ial adverse ir:pact on them. Site preparation and building construction will temporarily displace some species, and cause relocation of others to surrounding woods and wetlands. 4 . ,irn D. RYDtWIM ' 1. Will the project include any of the followings 4r if yes, describe tyl+e of work and mitigativemeasures l to reduce adverse impacts. a. Drainage or alteration of any lake, pond, marsh, YXS lowland or groundwater supply X _ b. Shore protection works, dams, or dikes X c. Dredging or filling operations X d. Channel modifications or diversions X e. Appropriation of ground and/or' surface water X f. other changes in the course, current or cross- section of water bodies on or near the site �X_ k 2. What percent of the area will be converted to new impervious mirface? 14 ft 3. What measures will be taken to reduce the volume of surface water run- off and/or treat it to reduce pollutants (sediment, oil, gas, etc.)? No appropriation of ground water . Surface water will be redirected to on-site storm sewer system. Development plans will be reviewed by Watershed District and City, and inspections frequently made to insure all recommendations relative to runoff control are installed and funs;ioning. 4. will there be encroachment into the regional (100 Year) floodplain by now fill or structures? - j(No YES If yes, does it conform to the local floodplain ordinance? NO YES S. What is the approxirlte rduimun depth to groundwater on 0-10 foot the site? (6-10 feet at building locations) L WATER QUALITY 1. Will there be a discharge of process or cooling water, sanitary sewage or other waste waters to any water body or to groundwater? X NO YL•S If yes, specify rise volume, the concentration of pollutants and the water body receiving tha effluent. 2. If discharge of waste water to the mwsicipal treatment system is plarmed, identify LAIV toxic, corrosive or unusual pollutants in the wastewater. HA 3. Will any sludges be generated by the proposed project? X NO _YES If yes, specify the expected volutno, chemical composition and mothod of dialioual. d. What moazures will be used to minimize tho volumes or impacts identified In questions 1-37 NA 'i• S. If the project is or includes a landfill, attach information on soil profile, depth to water table, and proposed depth of disposal. NA F. AIR QUALITY AND NOISE 1. Will the activity caupo the emission of any gases and/or particulates into the atmosphere? NO _YES If yes, specify the type and origin of these emissions,�cate any emission control devices or measures to be used, and specify the approxi- mate amounts for each emission (at the source) both with and without the emission control measures or devices. Construction of roads. utilities, and buildings may cause emission of ground particulates into the atmosphere, but should remain on-site. If particulates become a problem off-site, the developer will be asked to control dust from leaving the site. 2. Will noise or vibration be generated by construction and/or.cps tat ion, of the project? NO YES If yes, describe the noise source(s)t specify decibel levels t2F(A)J, and duration (hrs/da) for each and anv m.tigative measures to reduce the noise/vibration.setae confined to site and should occur St___ nark_ dy ter leort,e only during asylight Mors.Noise should -bay R+ght be dissipated at boundary lyres LSO L10 L90 1,10 6004 650A SOMA S600A Vasfna d!A Ranges: Esultrent -At l4ehtne SO t scraper B-ITd— T63� doter RR-10S MIN Ito,,rider 78-96 64-4I 3. If yes on 1 or 2, specify whather any areas sensitive to noise or reduced air quality-(hospitals, elderly housing, wilderness, wildlife areas, residential developments, etc.) are in the affected area and give distance from source. Refer to # II B.1, Page 2 G. LN6U MSOURCE CONSERVATION, ENERGY 1. Is any of the site suitable for agricultural or forestry production or currently in such use? NO YES If yes, upeeify the acreage involved, type and volume of marketable crop or wood produced and the quality of the land for such use. 2. Are there any known Mineral or pent deposits on the site? NO X YES 1f yes, ^;aci`y thm tyre of deposit and the acreago. The western portion of the site (planned for recreational/open space) contains marsh soils with peat deposits. �6 _ J. will the project result in an incroased'energy demand? No X YES Cemglote file following as applicable:. ' a. Energy requiremants (oil, electricity, gas, coal, solar, etc.) Estimated Peak Demand Annual 01norly or h.iily) Anticipated Firm Contract or _ uirer.ent S=rer Winter supplier Interruptible Basis? Electric 1,360.000 KHH 2.4 KI4H 1.6 WH H.S.P. Firm Gas 2n,000 MCF Firm b. Estimate the capacity of all proposed on-site fuel storage. NA c. Estimate annual energy distribution for: space heating 45 i lighting 15 1 ' air conditioning 30 5 s processing t ventilation 5 i d. Specify any major enorey conservation systems and/or equipment incorporated into this project. Construction of the units into the hillsides will conserve energy. e. What secondary energy use effects may result from this project (e.g. more or longer car trips, induced Yicusing or businesses, etc)? NA it. ol•EP! sma/mCm.ATIOY 1. Are there any ct;asignr.ted federal, state, county or local recreation or open ::paces area:, near the site (including wild and scenic rivers, trails, lake accesses)? 'CO R YES if yes, list areas by nano and explain how each may be affected by the project. indicate any medsures to be used to reduce adverse impacts. Nine-Mile Crdek floodplain to the south is considered public open space. C i(. TfJI t''YONlTTIAti proposed transportation systems 1. will ore Project affect any existing or water, airrort, etc)? No-�--- YES (hi,3lvray, railroad, will be affected. ror It yes, specify winidn part(s) of the systems) cify existing use and capacities, average traffic speed and those, s be iarecnta7e of truck traffic (if highway)$ and indicate how they affected by tl,e L,rojoct (e.g. congestion. percentage en entng)of truck. traffic, safety, increased traffic (AN), access requ v t and ia th Trips multiple e Sh dyresidential Road//US3ect 169-212will interchangeFlying Cloud Drie to US 69-212 v Occupation of all units (1982+)_may increase trips at the Shady Oak Road/US 169-212 interchange (and corresponding systems of I-494,Co.Rd. 18, Crosstown 62), by approximately 1,700 trips per day. 2. Is mass transit availabES le to the site? Y sit and p"Altransit services, are Planned to that measures. including tran reduce adverse impacts? MTC park-n-ride presently exists I mile south on US 169 at the Eden Prairie Center with 2 buses morning and evening. If the number of riders from the site and surrounding area warrant, the City will request investigation of a MTC park-n-ride site near the project. • J. pLANNING, LAND USE, CCMUNITr SERVICES 1. Is the project consistent with local and/or regional comprNO --ve �p �-YES plans? If not, explain: A change in Rural zoning to RM 2.5 is being requested. If a zoning change or special use Permit is necessary* indicate existing zoning and change requested- 2. Will the typo or height of the projnct conflict with the character of the X No YF5 existing neighborhood? If yes, explain ma describe any mcarures to tx used to reduce conllict^- 3. now many employees will move into the area to be near the project? NA now much now housing will be needed? 4. Will the project induce development nearby--either support services or similar developments? If yes,explain type of development and specify any other counties and municipalities affected. S. Is there sufficient clpacity in the following public services to handle the project and any associated growth? Amount required Public Service ftn proiect Suffici.pt caoWk= Exist ng Planned water 76,000 al/da wastewater treatment 76.000 gal/da X sewer 1,800 feet X schools 200 pupils X solid waste disposal 42 ton/mo X streets .35 milks X other (police, fire, etc) 1.2officer5 1 000 X If current major public facilities are not adequate, do existing local plans call for expansion, or is expansion necessary strictly for this one project and its associated impacts? 6. Is the project within a proposed or designated Critical Area or part of a related Actions EIS or other environmentally sensitive plan or program reviewed by the EQC? NO YFS If yes, specify which area or plan. 7. Will the project involve the use, transportation, storage, releaso or dis,)o..al of iotcuti.illy hazardous or toxic liquids, uolidu on ga3POus substances such as pesticides, radioactive etc? X NO YES If yes, please specify the substance And rate of usage and any measures to be taken to minimize adverse environmental impacts-from accidents. moo . 8. When the project has served its useful,life, will retizts�ent of tIw facility require special measures or plans? h NO y= If yes, specify: r R. HISTORIC RESOURCES I. Asa there any structures on the site older than SO years or on federal or state histw ical registers? It .0 YES 3. Have any arrowheads, pottery or other evidence of psel storic or early settlement been found on the site? No YES Hight any known archaeologic or paleontological sites be aff®ctad . by the activity? X no YES 3. Lust any site or structure identified in 1 and 2 and explain any Impact on them. L. OTHER ENVIRONpMML CONCERNS Describe any other major environmental effects which may not have been identified in the previous sections. III. OTER:R MITIGATIVE MEASURP.S Briefly describe mitigative measures proposed to reduce or eliminate potential adverse impacts that have not been described before. • 10 .. - I r V. FINDINGS , C2he project is a private ( ) governmental (X .) action. The Responsible Agency (person), after consideration of the information in this EAW, and the factors in Minn. Rog. MEQC 25, makes the following findings. 1. The project is ( ) is not ( X ) a major action. State reasons: 2. The project does ( ) does not have the potential for significant environmental effects. .State reasons: 3. (For private actions only.) The project is is not ( )'of more than local significance. State Reasons: IV. CONCLUSIONS AND CERTIFICATION NOTE: A Negative Declaration or EIS Preparation Notice is not officially filed until the date of publication of the notice in the EEC monitor section of the Minnesota State Register. Submittal of the EAW to the EQC consLitutcs a request for publication of notice in the L�C Alonitor. _ A. I, the undersigned, am either the authorized representative of the Responsible Agency or the Responsible Person identified below. eased on the above finding::, the Responsible Agency (Person) makes the following conclusions. (Complete either 1 or 2). 1. X NECATIvR I)P•.CLARATIOM NOTICE No EIS is needed on this project, because the project is not a major action And/or does not have the potential for significant environmental effects and/or, for private actions only, the project is not of more than local significance. Icy • i 1. EIS PRUARATION NOTICE ^�An EIS will be prepared on this project because the project is a major action and his the potential for significant environmental i effects. For private actions, the project is also of more than local significance. a. The mQC Rules provide that physical construction or operation of the project must stop when an EIS is required. In special circumstances, the HEyX cm specifically authorize limited construction to begin or continue. If you fool there are special circumstances in this project, specify the extent of progress recommended and the reasons. b. Date Draft EIS will be submitted: (month) (day) (year) (MEQC Rules require that the Draft EIS be submitted within 120 days of publication of the EIS Preparation Notice in the EpC Monitor. If special circumstances prevent compliance with this time limit, a written request for extension explaining the reasons for the request must be submitted to the EQC Chairman.) c. The Draft EIS will be prepared by (list Responsible Agency(s) or Person(s)): Signature Roger K, WSW? City MandRepritle Date B. -Attach an affidavit certifying the date that copies of this LAW were mailed to all points on the official EQC distribution list, to the city and county directly impacted, and to adjacent counties or municipalities likely to be directly impacted by the proposed action (refer to question III.J.4 on page 9 of the DNW). The affidavit need be attached only to the copy of the EAW which is sent to the EQC. C. Billing procedures for _W Monitor Publication State agency Attach to the P.AW sent to the EVC a completed OSR 100 ONLY: form (State Register General Order corm--available at Central Storrs). For instructions, please contact your Agency's Liaifaon Officer to the state Rmti::trr or the Off ive of the State Register--(Gl2) 296-0239. _ 12 - • rani l; 1V, 4717 • I . B. MICHELANGELO GARDENS, by Re)nbrandt Enterprises. Request to rezone 36.6 acres from Rural to RM 2.S, preliminary plat approval for 7 lots and approval of an Environmental Assessment Worksheet. The Planner gave a brief report explaining that the.proponent has been revising the site plan to take into consideration the recom- mendations made by the staff and Planning Commission. Gregg du'Monceaux, representative of Rembrandt Enterprises, stated that they have submitted a grading plan which shows a maximum of 2#:1 slopes surrounding the buildings. Also adequate swales have been incorporated to carry run-off away from the buildings. He stated that the grading plan also illustrates berming along the north and east border of the project that shouid(along with heavy plantingl:adequately screen from surrounding industrial uses. He con- tinued to say that proper setbacks have now been incorporated into the plan, along with a new southern road location which has been worked out with the property owner to the south. Bearmaninquired what assurance the City had that this connection would actually take place. The Planner replied that the southern property owner has told the developer and the City that he feels the connection of the two roads would be beneficial to him also. Levitt inquired if the City is guaranteed land for a park with the development of this site. du'Monceaux replied that they have provided an area in the west part of this developemtn for a private park. Torjesen inquired what was being done on Lot 3 which was the site for the condominiums. du'Monceaux stated that there is no development planned for this lot at this time. The Planner stated that the developer should not be asking for :zoning on Lot 3 at thie present time. MOTION: Bentley moved, Retterath seconded to close the public hearing. Motion carried 7 - 0. MOTION: Bentley moved, Torjesen seconded to reronuaend to the Cit) Council approval of the Rembrandt enterprises request to rezone Blocks 1 G 3, and tots 1 G 2 of Block 2 per the rerumm,•udat ion. .,I' the staff report dated 12-6-79, provided that outlots A f, B. :and Lot 3, Block 2 not be inilinlod at this time. ?lotion r.n ri—i 0. MOTION: Bentley moved, Retterath seconded to recommend approval to the City Council of the Rembrandt Enterprises request to preliminary plat 36.6 acres into 7 lots per the recommendations of the staff report dated 12-6-79. Motion carried 7 - 0. a NOTION: Bentley moved, Retterath seconded to recommend approval to the City Council of the Rembrandt Enterprises E.A.W. Motion carried - 0. 176A approved Planning Commission Minutes -4- November 26, 1979 B, MNi�chheelangelo Gardens, by Rembrandt Enterprises. Request to rezone 36.6arres from Rural to RM 2.5,preliminary plat approval for 7 lots and approval of an Environmental Assessment Worksheet. Gregg du'Monceaux, representative of Rembrandt Enterprises, gave an updated presentation of the project illustrating areas of the site plan that have been modified to correspond with staff and commission recommendations such as the public road and setbacks. He went on to explain that they are working with the prooerty owner to the south in order to determine a definite through road alignment and that they hope to-have a final presentation in time for staff review for the December 10, 1979 Planning Commission meeting. Dearman inquired if the only problem with this project was the alignment of the road. The Planner replied that Mr. du'Monceaux has up to this point revised his plans to conform with all of the requestsof the staff and Commission with the exception of the road. However he is at the present time looking into a solution. Levitt inquired if the Planner had seen a site plan which illus- trates the setbacks, grades, and a pedestrian system. The Planner replied that the site plans Mr. du'Moneaux is pre- senting tonight has eliminated one building that required severe grading. He also stated that he will be evaluating a more detailed grading plan which they are preparing and that the pedestrian system probably has not yet been address. These points are things which the proponent will have to have completed prior to the next meeting. Levitt inquired if there was any consideration of the dedication of the fioodplain and open space to the City. The Planner replied that it had been the Planning Department's thought that perhaps this could be a neighborhood park for the area and that the Park and Recreation Commission did see possibility of this to remain private. Levitt inquired if the proponent had any objections to havinti this land dedicated for a park. du'Monceaux replied that there are some very strong feeling that this area remain private recreational area at this point. MOTION: Gartner Raved, Levitt seconded to continue Hicheldn"'tlo Gardens public hearing to the December 10, 1979 meeting. Motion carried 5 - 0. C. Discussion of Hidden Glen Proposal. The Planner explained that this item was being returned to the commission by request of the City Council for additional recom- mendation from the PlaPning Staff and the Commission regarding; i rporovea Planning Commission Minutes -9- November 13, 1979 Retterath stated that she is in basic agreement with Mr. Levitt and that she does not feel comfortable with allowing development { on this site before traffic improvements are made. Beaman stated that he also does not feel that there should be any type of development on this site until improvements are made. He continued to say that he doesn't feel. that just omitting the Burger King Restaurant is fair because any type of restaurant is going to add to the traffic problem. Torjesen stated that he feels that the proponent has work hard to soave the problems and has revised his plans to comform to the recommendations of the staff. He continued to say that if the proponent has definite plans of how he will help improve the inter- section of TH 5 and County Road 4 at the time of rezoning, this PUD . concept should be approved. MOTION: Bentley moved Martison seconded to recommend to the City Council approval of the PUD concept dated November 7, 1979 and oer the recommendations of the staff report dated 11-8-79 with the following additions. under recommendations item 3 should have the addition that cash park fee would not be required for the elderly housing units, item 7 have the addition that any commercial development on this site be contingent upon specific traffic improvement requirements and solutions to be determined prior to rezoning and or preliminary platting. Motion tied 3 - 3, (Bentley, Torjessen, 6 Martinson voting aye) (Levitt. Retterath, 6 Beaman voting nay) E. MICHELANGELO Gardens, by Rembrandt Enterprises. .Request to rezone ITT—acres from Rural.to RM 2.5, preliminary plat approval for 7 lots, and approval of an Environmental Assessment Worksheet. A public hearing. Gregg du'Monceaux gave a brief presentation explaining the improvements which they have made on this project. He explained that they have reduced the number of units, changed the position of the access and improved their buffering. Beaman inquired if the easternportion of this project was on the same grade as the Hanson Auto property. du'Monceaux replied that it is not, that that there is an upper eleva- tion of about 880 feet and then a decline to about 855 feet. Torjesen inquired if the developer planned to continue 70th St down to the southwestern part of this project. du'Monceaux replied that they are having problems with that very item and that they have not yet decided exactly where the road would go. t Torjesen inquired if it is possible that the developer will be putting in a cul-de-sac at the end of that road near the condominiums. du'Monceaux replied that it is possible that at some phase of the pro- tect that road may be a cul-de-sac. He also stated that they plan to work that out along with the gralii plans and the site plans. Approved Planning Commission Minutes -10- November 19, 1979 Levitt inquiredif the 36.3 acres included the proponents park flood- i plain. e du'Monceaux replied affirmative. Bentley inquired if the developer was planning on extending that road at all. du'Monceaux replied that at the present time they do not feel there is any need to extend that road. The Planner stated that the road continuing through seemed very impor- tant at the time of initial stages, and.that.they have been trying to get sane easement through on the southern part of Mr. Anderson's 5th addition of his industrial park. However the road seemed more impor- tant at the beginning for a few reasons. 1. Because if the road is not continued it is just a cul-de-sac development, with a long cul-de- sac going back to a very difficult area. 2. From the proponents stand point their main entrances come from either a junk yard or through a major industrial park. He stated that from a City stand point he feels that the road system should be built.. Beaman inquired just how long the cul-de-sac is. 'Planner replied that it is approximately ! Bearman inquired if they have investigated the possibility of building more into the slope to provide' for'better energy conservation. du'Monceaus replied that they are investigating that presently. Torjesen inquired if with that east-west road being conceived as a private road does the rule that there must be to ways out apply. The Planner replied that the development has two ways out. Torjesen inquired it the planner felt that the industrial park would make use of this road. Planner replied negative. Torjessen inquired if they should be looking at 70th Street being a public street through this development. The Planner replied that 70th street should be looked at as a possibility of continuing through. MOTION: Torjesen moved, Martinson secondee to continue the public hearing on Michelangelo Gardens to November 26 meeting. Motion carried 6 - 0. ( YI. OLD BUSINESS Minutes of October 22, 1979. Page 4 answer to Bentley's first question. should be added. "The Planner replied that the lot lines could be slightly adjusted to make the lots 22.000 sq. ft. Same Page Paragraph 7,'iequired''should be changed to"inquired: Same page final paragraph i Planning Commission Minutes -3- Sept, 24. 1979 B. Michelanoelo Gardens PUD, by Rembrandt enterprises, Inc. Request for PUD Concept approval forme ium to hi density residential on 36 acres located i East of US 169/212 and north of Nine tole Creek. A continued public hearing. r The Planher reviewed the staff report on the PUD request noting that access, ` grading, unit type, number of units, and an EAW will all receive close evalua- tions at time of project rezoning. lira Demonceau, architect for Rembrandt, stated he is in general agreement with the staff report and will work with the City staff and adjacent landowner's to develop access. Mr.*Bentley inquired if public transit is-available to the site. The Planner replied negative. Mr Levitt asked how the Shoretand Management Ordinance would effect this proposal. The Planner replied the project proposed at time of rezoning would be evaluated according to all ordinance requirements. Motion i• orTesen moved, Levitt seconded, to close the public hearing on the Pembrandt PUD, notion carried 6-D. Motion 2• Torje n moved, Martinson seconded, to recommend to the City Council approval of the Michelangelo Gardens PUD Concept based upon the 8-31.79 plan and the staff, j report dated 9-20-79. Motion carried 6-0. C. HIDDEN GLEN, request by Zachman Homes for PUD Concept approval of single family detached on approximately 125 acres. A continued public hearing. The Planner reported the revised PUD Concept plan responds to the staff's and commission's previous concerns in that the concentration of smaller lots has been divided into two areas, a mini-totlot has peen added, and the park area has been enlarged. He stated that the staff is recommending the southern most area of small lots (72 x 125) be approved with garages;and the proponent desires approval of that area with medium sized lots (82 x 165) without narages instead. The Planner then reviewed the revised road system suggested by the staff which attempts to preclude through traffic from TH 101 to Dell Road but would facilitate movement of traffic within the neighborhood. The road is recommended as 60 foot right-of-way with a sidewalk along one side. The Planner then stated the increase in size of the neighborhood park allows additional frontage on a public street, and that if the developer grades and enlarges the park size as recommended by the staff, that the cash park fee pay- ment could be waived if approved by the Counsil. Levittinquired how many lots are within the revised concept plan. The developer, Mr. Zachman, responded approximately 228-330. Levitt then asked if Mr. Zachman would be constructing the portion of Dell Road which bisects the project. The planner replied affirmative. f ; approved {tr Planning Commission Minutes -3- Sept. 10, 1979 i+ G: Michelangelo Gardens, by Rembrandt Enterprises, Inc. Request for PUD Concept approval for medium-hi density residential on 36 acres located East of US 169/212 and north of Nine Mile Creek. A public hearing. The Planner reported the staff met with Mr. Anderson, Mr. Sciola of Briarfield Estates& Mr. Demonceau from Rembrandt Enterprises to review the road system. The revised plan for Mr. Anderson's property will be presented tonight. I: Mr. Anderson stated the plat now depicts 70th Street as a cul-de-sac to serve the industrial lots of the 3rd and 5th Additions, and service to the residential portion of the 5th Addition will be via the road system through Michelangelo Gardens. Mr. Demonceau briefly reviewed the site plan for Michelangelo Gardens noting the area's poor soils and vegetation dictate the serpentine design of the road system from the site's northwestern corner to its southeastern corner which is adjacent to Mr. Anderson's proposed multiple residential. Torjesen requested the forthcoming revised staff report contain discussion relative to I-2 Park Vs. I-5 Park zoning, and perhaps some sort of restrictive covenants to protect the back of the lots from future development. Motion 0°1 rjesen moved, Gartner seconded, to continue the public hearing on Shady Oak Industrial Park 3rd & 5th Addition to the Sept. 24, 1979 meeting, and allow the proponent to request a council public hearing. Motion carried 6-1 with Martinson voting nay. G. Michelangelo Gardens Mr. Demonceau illustrated the site's topography, soil condition, vegetation, and slopes through the use of hardboard drawings. He estimated the site's propused density at 10 units / acre, 360 units on 36 gross acres, and four phases of development. Gartner inquired when the golf course depicted adjacent to US 169 would be ' constructed. Mr. Demonceau replied he was unsure during which phase the course would be constructed with. Bentley noted that a recreational area for the project is important as the surrounding land uses are industrial. Levitt asked if the residential units would be a mixture of rental and ownership. Mr. Demonceau replied all units are anticipated to be ownership. Torjesen asked if the project would be similar to the Rembrandt development off of Crosstown 62 in Edina. M.r. Dewonceau rrplicJ it t:-ould be simiiar in hcildinq texture but not in occupancy. Notion: Gartner moved, Retterath seconded, to continue the Rembrandt PUD public earing to Sept. 24, 1979 for a staff report. Motion carried unanimously. �9a .,nutes - Parks, Recreation b unapproved January 7, 1980 j Natural Resources Commission •S- Lambert told him that the Council will determine approval or denial of the lowering of the flood plain level at Purgatory Creek. Kruell suggested that the Commission might send a representative to the next Watershed District Meeting, since this item will be on their agenda, He stated that the best use of an area should be determined prior to development. VOTE: Motion passed unanimously. Fc. �Rembrandt Enterprises - Michelangelo Gardens MOTION: Tangen moved to table this item until the January 21, 1980 meeting, due to the absence of a representative. _Pifield seconded, and the motion passed unanimously. A five minute recess was called at 8:55 p.m. Mr. Greg Dumondeaux from Rembrandt Enterprises arrived during the recess. MOTION: Tangen moved, and Fifield seconded, to reconsider the motion to table the Michelangelo Gardens proposal. Motion carried unanimously. Dumondeaux located and described the site for the Commissioners. They are:proposing a mid-density residential development, consisting of two-level condominiums. The recreational facilities will include a small recreation building, a pool, and open space where a three-hole golf course is planned. , Kruell asked about alternate energy source•adaption. Has anyone calculated how much energy could be recovered from an alternate source? Dumondeaux reported that the concept has been considered, and an architect was working on the possibilities inherent to the site. Kruell asked how intense their plantings will be (to replace the trees that will be removed for construction). Dumondeaux replied that most of the trees will remain (9041. Thev plan to landscape the berm areas and the perimeter of the development. He estimated that they would plant many more trees than they would have to remove. Lambert asked if the developers would be willing to commit to a time- table or development phase at which the recreational facilities are to be developed. Dumondeaux told him it could tie in with the phasing of the building schedule. Tangen reported that he noticed trenching along Highway 169, on what appeared to be the site being discussed. Dumondeaux told him that they are taking out top soil and replacing it with gravel to develop road beds, and create berms. Minutes - Parks, Recreation b unapproved January 7, 1480 Natural Resources Commission -6- Fifield asked if an EAN had been completed. Lambert told him it had been, but all the findings were negative, so it wasn't included in the report. Kruell felt that the Commissioners may have a different point of view than the staff person completing the report. He felt that the proposals should be approved prior to road work being started. Tangen asked what housing market these units were aimed at; and what did they anticipate would be the recreational needs of their residents? He noted there are no City Park facilities in this sector. Dunondeaux told him that they anticipate basically an adult community. The units have a maximum of two-bedrooms. The developers feel the recreational facilities planned as part of the project should meet the needs of their residents. A developers agreement will outline a timetable for development of these facilities. R. Anderson asked about the dedication of the floodplain area, And was told that it could be dedicated to the City. MOTION: Dave Anderson moved to recommend to the Council approval of the Michelangelo Gardens prpposal based on the staff recommendations, with the exceptions stated in the memorandum of January 4, 1980. Kruell seconded. DISCUSSION: Tangen expressed concern with the option being offered to the developer, to dedicate the open space and have the remaining Cash Park Fee waived. He warned that they could avoid paying the Cash Park Fee by turning over unbuildable land. He felt they should still be required to pay the Cash Park Fee to cover the cost of developing the area. Dumondeaux replied that the developer fully intends to complete the work on the recreational facilities--feeling it will be a selling point for the development. Tangen requested that the option on #7 be deleted from the motion. The request was accepted by Dave Anderson and Kruell. REVISED MOTION: Dave Anderson moved to recommend to the Council approval of the Michelangelo Gardens proposal based on the staff recommendations, with the following exceptions: R2. The cash park fee applicable at time of building permit shall be paid, and the Nine Mile Creek Floodplain shall be dedicated to the City. B. The western portion of the site should be developed prior to phase two. VOTE: All voted in favor, motion carried unanimously. 192 - CITY OF EDEN PRAIRIE HENNEPIN COUNW. MINNESOTA RESOLUTION 80 - 16 A RESOLUTION FINDING THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR MICHELANGELO GARDENS A PRIVATE ACTION DOES NOT REQUIRE AN ENVIRONMENTAL IMPACT STATEMENT WHEREAS, the City Council of the City of Eden Prairie did hold a public hearing January 22, 1980 to consider Michelangelo Gardens by Rembrandt Enterprises, and WHEREAS, said rezoning is approximately 36 acres of land from Rural to RN 2.S and is within the public/private PUD of Smetana Lake, and WHEREAS. The Eden Prairie Planning Commission did hold a public hearing on November 13, 1979 to consider the rezoning, preliminary plat- ting, and Environmental Assessment Worksheet. and recommended said requests be approved by the City Council, and NOW THEREFORE BE IT RESOLVED, by the Eden Prairie City Council that an Environmental Impact Statement is not necessary for Michelangelo Gar- dens because the project is not a major action which does not have signifi- cant environmental effects and is not more than of local significance. BE IT FURTHER RESOLVED, that.a. Negative Beclaration Notice shall be officially filed with the Minnesota Environmental Quality Council. ADOPTED THIS day of 1980. Wolfgang Penzel, Mayor Attest: John D. Frane, City Clerk SE' N5 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO.80-I3 RESOLUTION APPROVING THE PRELIMINARY PLAT OF MICHELANGELO GARDENS BE IT RESOLVED by the Eden Prairie City Council as follows: That the preliminary plat of Michelangelo Gardens , dated December 6, 1979 , a copy of which is attached hereto and amended as follows: 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 day of , 19 Wolfgang H. Penzei, Mayor John D. Frane, City Clerk SEAL ' 19� PRESIDENT: MICMAELJIIDAM9 QLYMPIC HILLS GOLF CLUB ViCF.•PRESIOENT: '. TYRONE Y TMAYER ' GENERAL MANAGER: 9520 FraMo Road XSEPHP DIRECTORS: JR Eden Prairie.Minn.55344 WWAM Mty E JAR RAKER 011ke:(612)941-6262 SR COS NEY A EGAN Golf Shop:(612)941-6265 RUOY LU:MER OONAlO J M.GIYNN J A PRICE W S WAI.S17 COMMITTEE CHAIRMEN: Enrona-nmem a Houle C"Moti" ChanelG Ashwea IbchaNJ EMoosron Wdha.M Rdhm Mwmbv h'p COTm-aae John M Mana"nsen Lepal Counsel Wch"l J.Adams November 14, 1979 Mr. Roger Ulttad City of Eden Prairie 8950 Eden Prairie Road nden Prairie, MN ',144 Re: Olympic Hills Golf Course Dear Roger: In connection with the development of the plat of Olympic Hills Sixth Addition, I have been authorized, by Olympic Hills Corporation, to offer the following restrictions as to develop- ment of the golf course property, whether owned by Olympic Hills Corporation or the Preserve. 1. That portion of the golf course property which would not be involved in the development of the Sixth Addition would not be further developed for residential purposes by Olympic Hills Cor- poration or the Preserve. 2. In the unlikely event that Olympic Hills Cor- poration is unable to continue operations as a golf course and, as a result, is forced to offer the golf course property for sale, the Olympic Hills Corporation would give Eden Prairie a right of first refusal over any such sale. As a result of the above plan for agreement, the City can be assured that there will be no further residential development within the golf course areas while the same continues to be owned by Olympic Hills Corporation and, in the event it is sold, the City will be able to purchase it outright and thereby maintain control over the property. • 19� 6 Mr. Roger Dlstad November 14, 1979 Page 2 If there are any questions or comments in regard to this proposal, please do not hesitate to give me a call. Thank you for your cooperation. Very truly yours, OLYMPIC HILLS CORPORATION Michael J. Adams President MJA:cw bcc: Larry Peterson The Preserve f i November 16, 1979 Eden Prairie City Council Eden Prairie Planning Commission City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Attention: Mr. Chris Enger, City Planner Ladies and Gentlemen: The Preserve and Olympic Hills Corporation are pleased to submit for your consideration the Preliminary Plat and Rezoning of Olympic Hills 6th Addition. In response to the submission requirements for zoning and platting requests we submit the following- B. Specific Plan Requirements 1. Ownership. The Preserve and Olympic Hills rporat on are the fee owners of the property which will be platted in connection with this project. 2. Oeveloper. The fee owners of the property will also act as the developers. Both Olympic Hills _ Corporation and The Preserve have had considerable prior experience with similar projects in the immediate area. The developers intend to have long term involvement with this project. 3. Fiscal Economic. The project will be financed internally or with funds obtained by interim loans from metro area financial institutions. Long term financing for house construction will be supplied by individual lot purchasers and builders. 4. Development Method. The developers will complete the installation of all utilities and streets. They do not intend to become significantly involved in the construction of residences on the lots. The lots will be sold individually or in small numbers to independent builders and prospective home owners. 5. Identify Boundaries and Boundary Conditions. See a tached exhibits. �7 Page 2 6. _Identify Project Area and Other Major Ownerships. e project wi I I be located to the South o ei 1 Lake and will be bordered to the North and South by Olympic Hills Golf Course along approximately the Easterly one-half of the project. The Westerly one- half of the project will be bordered by The Preserve to the North, Mr. Dean Faulks to the West, and by Mr. Ray Welter's property to the South. 7. Revionai Relationsh-iW. There are no known regional relationships Which will be influenced by or have a significant impact on the project. 8. Existing Land Use and Occu an ._.- The property which will be used for the project Is currently occupied by Olympic Hills Corporation and The Preserve. The ` Westerly one-half of the project (occupied by The r Preserve) is currently undeveloped property with no specific land use. The Easterly one-half of the property (occupied by Olympic Hills Corporation) is currently used as part of the Olympic Hills Golf Course. 9. Existing Trans ortation 5n mmss. There are no trans- por at on system on t e1i �to other than those used by pedestrian and golf carts incidental to the Olympic Hills Golf Course. 10. Existing Zonings. The existing zoning of the site is Rural. 11. City Guide Plan Framework. Combination residential and quasi-public land use. 12. Critical Public Decisions. The critical public de- cisions in connection-with this project include lateral sanitary sewer and water construction assessed to non developer property along Sunnybrook Road, an Environ- mental Work Sheet and City approval of the plat of Olympic Hills Sixth Addition, zoning changes and any variances relating to minimum front lot lines which may be necessary, together with inspection and approval of all improvements. 13. Additional General Pro ect Information. The project will e adjacent to the Olympic t Golf Course as do the previously approved plats of Olympic Hills First, Second, Third and Fourth Additions. The city attorney has in- formed the City, at the time of preliminary approval of these orior plats, that the City cannot be held respons- ible for damages inflicted by errant golf balls. In r addition, the experience, thus far, in the previously platted areas, is that there has been no problems re- sulting from the close proximity of the golf course to the homes. Rather. the home builders and buyers have expressed a definite preference for golf course lots over those not bordering the golf course. t9g Page 3 ' C C. Site Area Analysis 1. Development Objectives. This project is intended to be a high caliber single family detached residential devel- opment. Z. Site Plan. As per attached exhibits. 3. Grading. As per attached exhibits. 4. Utility Plan. As per attached exhibits. 5. Preliminary Architectural Drawings. Not applicable. 6. Le at Instruments for Plan Implementation. The developers M Re— restr ct ve covenants and restrictions to control the design and construction of homes in the project and to ensure the consistency of the quality of the homes which will be constructed. Park dedication will be of Warranty Deed at the completion of the final plat process. 7. Housing or Land/Building Use Profile. Not applicable. 8. Zonin Classification and/or Variations from City Ordin- ances. As per attached application and exhibits. 9. Phasing and Construction Schedule. No construction of the subdivision or common facilities w111 commence until Olympic Hills Corporation prepares additional fairways and greens so as to maintain a full 18 hole golf course during all stages of the construction of the subdivision. The golf course work is expected to be completed in 1980 and the construction of the subdivision would commence sometime in 1981. Construction of new homes is then expected to commence in late 1981 and continue for approximately two or three years. 10. Additional Information. Title to outlots A, B. C, 0, G. I. and J, and the northerly portion of H will remain with the developer. Outlots E, F, and the southerly portion of N wi11 be deeded to Eden Prairie by The Preserve to fulfill the 17 acre Purgatory Creek Connection obligation of PUD 70-3. If you wish additional information or exhibits please contact me. Respectfully submitted, tee W. Johnson Vice President - Engineering LWJ/j1 �99 ~ �vY a►a+ ssp osss ulr ernes• LAND : . PAULY OR[BEROON. LTD. 4+pp Ion O[NT[w M+NN[APOL116 MINN960TA 60402 + «O wOwcRT 1.tA wewcw A.PAULv OAVIO M.•w[O[Rw0« 1 wlw«Awu F.0 08 ew January 4, 1980 LAMwL«OL J.SKOOLY«O •� f 3 P Gustafson 6 Adams, P. A. Attorneys at Law Suite 411 7400 Metro Boulevard Edina, MN 55435 P , ATTENTION: Joseph J. Christensen, Esq. RE: Prior Grants of Open Space by Olympic Hills Corporation Dear Joe: I have reviewed the documents which you forwarded to me with your letter of December 27, 1979 relative to easements and open space covenants involving the Olympic Hills golf course. Enclosed please find a copy of a synopsis of references in the zoning agreements and covenants to such matters. In addition, this is to record our discussion concerning the points included in the synopsis as follows: (1) You advised me that the land referred to in the wild life paths referred to in paragraph 4 of the August 2, 1976 Re-Zoning Agreement is included in Outlot A of the Plat of the Second Addition. It is my suggestion that the owner grant an easement to the City precluding topo- graphical changes, including the destruction of vegetation or addition of vegetation not natural to the area upon Outlot A. If this is agreeable, I will supply you with a suggested format. (2) With respect to paragraph 5 of the August 2, 1976 Re-Zoning Agreement, it is my understanding the completion of the pathway is pending. (3) Paragraph 6 of the Rezoning Agreement contem- plates the granting of open space easements in the areas described. This grant should be reduced aor� i Joseph J. Christensen, Esq. January 4, 1980 Page 2 to an easement document which should describe the areas by metes and bounds and then be filed. As I indicated to you, I believe the agreement casts this affirmative obligation upon Olympic Hills. (4) With respect to the December 30, 1977 Re-Zoning Agreement, I understand the matter referred to in paragraph 3 is pending and that the 12 foot easement referred to in paragraph 4 has been pro- vided. You have questioned whether Olympic Hills has the obligation to construct the trail. (5) With respect to the September 14, 1978 covenants relating to the Third and Fourth Additions and the May 30, 1979 covenants relating to the Fifth Addition, it is my understanding that the open space areas are not included in any of the plats. Because the covenants refer to specific additions and appear to be for the benefit of only those additions, I believe the enforcement of the covenants relating to these open spaces is highly questionable. This is particularly true because of the lack of precise descriptions of the property to be included in the open space. In order to clarify the open space agreements contained in the covenants, I would suggest that the areas be further described with an appropriate easement given to the City so that it is clear that the grants subject the golf course property to those easements. (6) You have advised that the additional 17 feet of right-of-way referred to in the November 8, 1978 Developer's Agreement has been dedicated. I would very much appreciate your review of the enclosed synopsis and comments. If any of the assumptions are incor- rect, please advise. Also I would appreciate a response to the suggestions contained in this letter. Sincerely, Roger A. Pauly RAP/sjh Enc7Mr. ure cc: Roger Ulstad a� d Q,1El=M=PUC DOMMIT UMMM i I DOCO14R 4 COMSPlS 1 V2/76 First and Second Rr4ominq L Page 2, paragraph 4• AgrSWmt Wild Life Paths identi- fied an Endnibit B to be left in a natural con- dition with a minima distance between build- ings of 150 feet. 2. Pars®raph S. That pathways be developed in accordance with Eeddbit B (ENhibit B is not attached to copy of Re-Zoning Agsemart). 3. Open apace easmmtnts to be greeted to City generally covering the 15th hole, the 7th hole tee area, the 6th hole queen area and the ridge any from the 9th green to the western properly line. W30/77 Third and F=th Bs-Zoning 1. Page 2, paragraph 3. Agreement Developer is required to construct a pathway&Lang the west side of Franlo Road adjacent to the Third Addition, per the hiksway/bihmway Initial Report. 2. Paragraph 4. A 12 foot emsarent be provided • for trail construction S fast asphalt in width Along the north side of County Road 1. 9/14/78 Third Covenants Page 4, paragraph 10. Ds� Olympic Bills agrees it shall maintain as open 1, �•,�y :, apace the golf course / area now known as the currently existing (a) 7th hole fairway and green (b) Bth hole tee and fairway which lies adjacent to lots 1, 2 and 3, Black 1, Lots 1, 2 and 3, Block 3, and Lots 1 and 2, Black 4, Olympic Bills Third Addition. The duration of the Agreement as amended is to September 15, 2003. 2U2 + r 1 2- C arc Huss PLAT noabMtr F ,s s i OOM�yB 9/14/78 Fourth. covenants Page 4, paragraph 10. ire Olympic Hills agrees to maintain as open%me the golf course areas now)aionai as the cur- rently existing (a) �- first hole fai,=W and green, (b) 8th hole fair- way and green. (c) 9th hole tree,fairway and green lying adjacent to aid abutting Late 6 thmixlt( 214 alo*1, Olympic W118 Fourth Addition. In restrictions contained in the Agreement as amended con- timne until September 15, 2003. Fifth Devel- Page 2, Paragraph 6 (d)• 1978 cper's OAMr to negotiate for Agree- road purposes additional Mont 17 feet of right-of-way for a total of 50 feet along the centerline of Oounty Aoad 1 as depicted in Exhibit C. 5130/79 Fifth Ooveeants Page 4, paragraph 10. Oiynpic Hills agrees to maintain as o e� the golf course arrow now kn am as the our- • reently existing (a) llth hole fairway and green, (b) 12th toys fairway and green,which lie adjacent to and abut Line, Slock 2, Olympic Hills Fifth Addition. The covenants continue until May 30, 2009. r.i:1 y. JA v 1�7�� GVSTAF•SON & ADAMS, P. A. ATMRNKYs AT L^W ` Mir-ILEI.4,A01M4 EUrlrV411 (` UHI:UOII\U.U1;51'.lF 0. 7400 METRO BOULEVARD MA14K O.OtIN:1T.1II R INNA.MINN F.4OTA 5:.1311 Sl';%XLEY C.OLSC.N.JR Or COUNSEL THOY.IK t.MAR% TELEPHONE 1617/0.'K.•7277 HAMMY lit ITAI'�•1`1 Jolt.H./1e'.mm JottN E.VLKEI.ICII RUI'.\LD L.SNELLI10 A%MES D.ATKINSON.111 JOMN D.POVOIw Y JONRYM J.C1IRI10TK.N5EN January 18, 1980 Mr. Roger Pauly Lang, Pauly & Gregerson, Ltd. HAND DELIVERED 4108. IDS Center Minneapolis, MN 55402 Re: Olympic Hills Corporation/Prior Agreements with the City of Eden Prairie Dear Roger: Thank you for your letter of January 4, 1980, reviewing the ( Rezoning Agreement and Restrictive Covenants on Olympic Hills First through Fifth Additions. I will respond to your letter of January 4, 1980, by discussing the points in the order in which they were pre- sented. 1) As we discussed,the wildlife area falls within the currently existing ?utlot A of Olympic Hills Second Addition. Olympic Hills is willing to grant an easement to the City precluding destruction or addition of vegetation to the area and permitting topographica' changes only with the prior written consent of the City. We wou11 be most happy to review your proposals for the format of such an easement. 2) Zhe pathways referenced in the developer's agreement for the First and Second Additions are pending. I have met with Chris Enger an4 Dave Olson of the City Staff last fall and it was decided, at -that tire, that this construction should be completed in the year 1980. Olympic Hills is currently in the process of taking bids for the proposed construction. 3) With respect to those lots in the First and Second Additions _ abatting th_e present 15th, 16th and Gth holes (which covers the sane are: , prier to the change in numbering, referenced in tho Rezoning Agreement) , Olympic Hills Corporation is willing to grant an easement, in a fors, acceptah le to your office, that would insure that said lots will be maintained as open space during the period Olympic Hills owns .6q I I ' Mr. Roger Pauly January 18, 1980 Page 2 the property, subject only to the specific reservations, that this pro- perty would be included, as previously discussed, in a right of first refusal in favor of the City of Eden Prairie upon a proposed sale by Olympic Hills of the property for a use other than as a golf course. In addition, Olympic Hills Corporation is willing to conduct and pay for a survey of the affected areas to obtain a legal description by metes and bounds for filing. Upon your instruction, this survey will be ordered in the very near future. _ 4) Although we do not feel that the language in the Rezoning Agree- ment requires more than a commitment to grant the easements in question which, in turn, have been provided in both plats, Olympic Hills has maintained its willingness to cooperate with the City in regard to the issue of these pathways. Moreover, we have recently encountered a great deal of resistance from the abutting lot owners in Olympic Hills Third Addition to a pathway on that side of the street. The lot owners feel that a pathway would serve no useful purpose in light of its disjointed nature. 5) The open space covenants contained in the restrictions for Olympic Hills Third, Fourth and Fifth Additions, were included by Olympic Hills Corporation as as addition.. . amenity to the lots in those additions -which lie adjacent to the golf L ..:rse. Although these open space areas were not sine qua non for the platting of these subdivisions,-in order to grant the type of open space easements that have benefited the lot owners, in the same fashion as discussed at item 3 above, Olympic Hills Corporation, nevertheless, is most willing to have these areas surveyed. Thus, while Olympic Hills Corporation was not previously required to take this action, the ccrporation will agree to your request in keeping with our usual position of actively cooperating with the City of Eden Prairie. 6) The 17 feet of additional right-of-way required by the November 8, 1978, developer's agreement for Olympic Hills Fifth Addition has been granted and is shown on the plat of the Fifth Addition. Upon y_ur review c` the foregoing, please give us your thought and any addi='_onal suggestions you may have in regard to the items dis- cussed.. As mentioned above, we are most anxious to see your suUgosl od format for the Outlot A area of Olympic Hills Second Addition and will look forward to seeing your draft after you have had an opportunity to prepare the same. In the interim, on behalf of Olyr-is Hills Corporation and our Office, I would like to express our uJ ,.ceciation for yuur cuutinui_nj help and cooperation. Very truly yours, GUSTAFSON S AD S, P.A. i Joseph, Ch istensen JJC:cw At orney at'.Law 205 \�.J1 h STAFF REPORT f TO: Planning Commission FROM: Chris Enger, Director of Planning APPLICANT: Olympic Hills Corporation and OWNER: The Preserve REQUEST: Rezoning of Ill gross acres from Rural to R1-13.5 and preliminary platting for 84 lots. LOCATION: Project is located in the center of the Olympic Hills Golf Course/west of Franlo Road/South of Neill Lake with an additional area owned by The Preserve south of Neill Lake/bordered on the west by Sunnybrook Road terminus. DATE: December 5, 1979 BACKGROUND The Planning Commission has previously reviewed a separate submission.of Olympic Hills Sixth Addition originally brought to the City on January 18th of 1979. As the Commission will recall that submission had a road system on the eastern side of the plat that looped significantly north down into a lower area and required a tremendous amount of cut and fill. At the Com- mission's request that proposal was modified to the road system which you see proposed today. Although the Planning Commission recommended approval of Olympic Hills Sixth Addition on March 12, 1979 and the Parks and Recrea- tion and Natural Resources Commission also recommended approval of Olympic Hills Sixth Addition on "larch 19, 1979, the Council on April 17. 1979 defeated a motion to approve the rezoning of Olympic Hills Sixth Addition on a three to two vote. The Council moved further to deny the preliminary plat for Olympic Hills Sixth Addition being inconsistant with the existing zoning on a three to two vote. The Council was very concerned about smaller lot sizes when compared to similar golf course developments in other Or,- munities. Council was also concerned about the encroachment of the subdi- vision into the golf course and what the Council felt could be the ultimate loss of the golf course to continued expansion of development. Olympic Hills has tried to respond to these concerns and the new plat pre- ented now compares to the old plat in the following ways: 1. The old plat contained 87 lots, the new plat has been reduced to 84. 2. The largest lot in the old plat was 29,300 sq. ft.. additional area has been added to the back yards of the lots in the Olympic Hills portion of the property to make the largest lot 37.500 sq. ft. In the old plat the smallest lot was shown to be 13,400 sq. ft.. in the new plat the. smallest lot is 13.500 sq. ft. This brings the average lot size for the old plat to 16.465 sq. ft. and the average lot size in the new plat to 20,600 sq. ft. By reducing the total number of lots the average density is reduced from .78 units per acre (figured on a gross basis ) to .76 units a� Olympic Hills Corp 6 The Preserve -2- December 5,1979 ( per acre. Both the Planning Commission and the Parks and Recreation and Natural Resources Commission were concerned about continuing The Preserves commitment to bring a pedestrian trail from the existing high point area southwesterly to con- nect with Purgatory Creek. The old plat responded to a require- ment by the Commissions of providing a high and dry area on the very northern end of the property which would occur along the southern shore of Neill Lake. The new plat leaves this as an option and also commits to dedication of the dike area that has tong been created through the center of Neill Lake which is currently high and dry as a pedestrian connection. The Council and Commissions were very concerned in the past that no firm commitment was given by Olympic Hills as to the final disposition of the golf course. Olympic Hills in this submission has attempted to respond to that by committing to no further development within the golf course by Olympic Hills Corporation and if property were to be sold, the city would have right of first refusal. Since the number of lots has been reduced from 87 to 84(the three lots were taken out of the western portion or the Preserve owned portion of the prooerty) this increased slightly each lot size but did increase frontages fairly sub- stantially. The old submission and the new submission are similar in the following ways. The road system, land dedicated for deer corridor, grading plan, at grade golf 'course crossings, commitment to a side walk along the north side of through road, and commitment to pay the cash park fee are all identical elements between the old plat and the new plat. RECOMMENDATIONS The Planning Staff would recommend that the Planning Commission recommend to the City Council approval of the new submission for rezoning and preliminary platting for 84 lots in Olympic Hills Sixth Addition subject to the following items. 1. That a sidewalk five feet wide concrete according to city specifications be placed in the right-of-way (60 foot R.Q.W.) along the major through road from Franlo Road to the Sunny- brook Road terminus. . 2. Cash park fee will be paid on all lots at the time of building permit issuance. 3. No building permits would be issued until a hard surface con- nection out to 169 existed on the western end of the plat. d. The project must he approved by the Riley-Purgatory Creek Watershed district. 48 hours prior to any grading on the site the City and the Watershed Oistirct must be notified. S. That the Neill Lake dike be dedicated for a.pedestrian trail system in the future. 6. 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'.:~,� ..'o.y♦. n o. •Y n]p!... ♦ � py ^� -wp9 MMi MpJ rg2 O�• XY»1 w it •o youwLan p R<` $twY� 2 Minutes--Parks, Re,-reation & approved March 19. 1979 Natural Resources Commission -7- • Kruell asked why no mini-park was being planned.-Johnson C said it was not felt to be necessary since the homes would be very expensive, and there would probably be very few children. Lambert pointed out that the final PUD approval for the Preserve did not include most of the section now owned by the Preserve; therefore, they were not entitled to exemption on those lots from the Cash Park Pee. Kruell asked why the city was constructing the trail with aglime rather than concrete or asphalt. Lambert explained that it was planned as a two-st .e proerc:,t the trail will be upgraded if the use justifies the expense.. 1 Mims Kruell moved to recommend to the council approval of the project as per the staff recommendations in the memo- . randum of Parch 16, 1979, with the exception (under item three) that the lots owned by the Preserve at the time of the bri. nal PUD approval be exempt from paying the Cash Park Pre. Carlson seconded the motion. DISCUSSIOVs Tangen expressed disappointment with the lack of representation from Olympic }sills. He felt that approval of this project may be the beginning of the end of the golf course, and that development as planned would ruin many of the natural features of the area. . Kruell stated that he was neither opposing nor defending the concept of a housing development within the golf club. He did not feel the Commission could infrinte.on the rirhtn of the private owners to develop private property into generally accepted uses. Tangen arfued that the golf course was still considered open space, whether private or public, and he was committed to maintaining it as such. VOM Motion carried, with Tanren opposed.. approved Planning Commission Minutes -g- December 10, 1979 Levitt stated that he felt that the developer should come before the Comnission with a specific proposal and develop the parcel which at the present has no type of problem with the lowering or filling in of the flood plain. Martinson inquired if the developer has enough fill for the flood- plain area. Sathre replied that there is no problem with the amount of fill needed. MOTION: Gartner moved, Torjesen seconded to close the public hearing. Motion carried 7 - 0. MOTION: Gartner moved, Bentley seconded to recommend to the City Council denial of the request made by Feeder's Inc. for preliminary platting and grading of 7 lots and 2 outlots on 89.6 total acres of property. Motion carried 7 - 0. B. OLYMPIC HILLS SIXTH ADDITION, by The Preserve and Olympic Hills Corporation. Reuqest to rezone approximately 111 acres from Rural to R1-13.5, preliminary plat 84 single family lots. Located be- tween the eastern terminus of Sunnybrook Road and the western terminus of Mount Curve. Donald Ringrose gave a presentation explaining the changes in the project. He explained that they have dropped 3 lots making the total number of lots 84 instead of 87. He explained that by dropping these lots they have brought the average lot size from 16,645 sq. ft. to 20,600 sq. ft. and that the average density is reduced from .78 units per acre to .76 units per acre. The Planner explained that the Planning Staff would recommend that the Planning Commission recommend to the Ciy Council approval of the new submission for rezoning and preliminary platting for 84 lots in Olyrapic Hills Sixth Addition subject to the recommendations of the staff report dated December 5, 1979. Bentley inquired who would be responsible for the building of the pathway. The Planner replied that this reponsihility would he the City's. Levitt inquired why the proponent felt that the City Council would approve this plat when they already turned down the other plat which is not that much different. Ringrose replied that the Council was concerned about Olympic Hill's committment to remain as open space. That committment is forth- comming with this submission. Levitt asked the proponent to explain the Olympic Hills relation- ship with the golf course. 1 214 approved Planning Comnission Minutes -9- December 10, 1979 Levitt inquired what would happen to the golf course if it were to fail. Ringrose replied that in the event that the golf course would fail the City has the first option to buy or right to first refusal. If the City decided against buying this golf course the developer would probably sell it to a different developer. Torjesen inquired where the development would obtain its second. access. The Planner replied that the approveal of the development should be continstent upon a second hard surface way out via Sunnybrook Road and Homeward Hills Road to 169. MOTION: Gartner moved, Retterath seconded to recommend to the City Council approval of the new submission for rezoning approximately 111 acres from Rural to rl-13.5 for 84 single family lots in the Olympic Hills 6th Addition per the Olympic Hills Golf course let- ter's dated 11-14-79, and 11-16-79; per the Olympic Hills 6th Addi- tion brochure provided that no road grades exceed 7h%. 'Notion carried 6 - 1. (Levitt voting nay). MOTION: Gartner moved, Retterath seconded to recommend to the City Council approval of the new submission for preliminary platting approximately Ill acres from rural to R1-13.5 for 84 single family lots in the Olympi Hills 6th Addition per the Olympic Hills Golf Club letters dated 11-14-79, and 11-16-79; per the Olympic Hills 6th Addition brochure dated 11-79; and per the recommendations of the staff report dated 12-5-79, provided that no road grades exceed 7h%. Motion carried 6 - 1. (Levitt voting nay). F. REVIEW OF CHRIST LUTHERAN CHURCH SITE PLANS. Located north of T.H. 5 and within Lake Trail Estates. The Planner gave a brief explaination of the development explaining that there are two critical items in reviewing this site plan from the City stand point. One being the provision of an access ease- ment to the adjacent property to the east to provide access to the proposed elderly housing. The second being that be- cause of the Church parking lot's close proximity to future surroungind homes it is critical that an adequate job of screening the parking areas be done initially. In the current plan the arcs between the future parking and the future lot line is only 10 feet and the evergreen trees shown are 20 feet of center and 5 feet in height. This is hardly enough area or material to provide adequate screening from the adjacent lots. Mr. Ed Kodet (architect for Christ Lutheran) gave a brief prescntation explaining the site. Hea explained that the development could include the church, a school, a play area, and the access. He stated that the acc—, the City prefers would cause traffic to go through the Prairie Village Mall parking lot in order to avoid the traffic of the inter- section of founty roael a and Hiphway 5 in getting to the church. He then showed the access the developer is proposing. 21� ►nMORANnt>rt ( TO: Parks, Recreation and Natural Resources Commission FROM: Bob Lambert, Director of Community Services DATE: December 13, 1979 SUBJECT: Development Proposal Check List PROJECT: Olympic Hills 6th Addition PROPONENT: Olympic Hills Corporation and the Preserve RkQUEST. Rezoning of 11 acres from Rural to R1-13.5 and Preliminary platting r for 94 lots. LOCATION: Center of Olympic Hills Golf Course BACKGROUND: See Planning Staff Report of December 5, 1979 CHECKLIST: 1. Adjacent to parks? (Neighborhood, Community, Regional) No Affect on park: 2. Adjacent to public waters? Neill Lake Affect on waters: None 3. Adjacent to trails? Deer corridor and pedestrain corridor connecting Anderson Lakes to Purgatory Creek. Type of trails: (bike, multi-use, transportation, etc.) multi-use Construction: (asphalt, concrete, wood chips, aglime) ag"me (1st phase) P City Width- 6 Party Responsible for constriction? Landownership: (dedicated, density tradeoff, etc.) dedicated Type of Development. (resid witiai, commercial, industrial) residential where will CASH PARK FEE go? (what neighborhood) Development of trail corridor Need for a mini-park? No Z�IO -a S. REFERENCE CHECK: a. Major Center Area Study: N/A b. Neighborhood Facilities Study: N/A - C. purgatory-Greek Study: N/A d. Shoreland Management Ordinance:This proposal meets the Shoreland Management ^ Ordinance requirements e. Floodplain Ordinance: 805.5 has been determined as normal ordinary high water mark. All lots are above this elevation. •f. Guide Plan: Shows the eastern area of•this site as low density and the western area as golf course. g. Other: 6. Existing or pending assessments or taxes on proposed park property: 7. CASH PARK FEE? Will be vaid on all lots outside Preserve D1JD S. Adjacent neighborhood type, and any neighborhood opinion voiced in favor or against preposRI: 9. Number of units in residential development? 84 Number of acres in the project? ill Special recreation space requirements: Non 10. STAFF MCOMMENDATIONS: Recommend approval as per Planning Staff Iicport datrd December S. 1979 with the following change to recommendation number S. That the Neill Lake dike be dedicated for a pedestrian trail system at time of final plat approval. and that the Preserve provide any additional trail casement required to connect this dike trail with the existing trails in the Preserve- 2 WI • November 29, 1979 0 N N Mr. Chris Enger, Planning Director m Eden Prairie City Hall 8950 Eden Prairie Road n Eden Prairie, Minnesota 55344 • Dear Chris: v I wish to thank you for the opportunity you have given me to review the Sunset Trails and Olympic Hills Sixth Addition projects. My c comments for both of these additions for residential growth with regards £ to student transportation are as follows: m V Olympic Hills Sixth Addition a c This addition would complete an important road link on Sunnybrook Road from Flying Cloud Drive to Franlo Road. School buses would be able • to provide transportation to the Amsden-Garrison-Laurel area on a more y direct-line routing, providing energy savings for the School District buses. Both the cul-de-sacs in plots b and 9 would be provided trans- portation with the stop at the intersection of Sunnybrook Road and the g intersecting street in plot 7. U Vi 0 Sunset Trails g G In reviewing this proposal I find that the entire project lies just A outside our School District boundary lines and therefore the students N would be attending the Minnetonka Schools. This area, however, could be serviced by Minnetonka buses at a stop located at Durango Drive and Duck a Lake Road. v I hope that the above information might be of some value to you in discussing these projects at your December 10 meeting. KTran, .hower ion Manager DR:rl Encl. Project Information cc: Mr. M. Gamm 2.11 Olympic Hills Sixth Add. MINNESOTA ENVIRONMENTAL QUALITY COUNCIL Draft Jan. 1979 ENVIRO&ENTAL ASSESSMENT WORKSHEET (EAW) Her, 1979 ( AND NOTICE OF FINDINGS 1979 _ DO NOT WRITE IN THIS SPACE E.R. N NOTE: lie purpose of the Environmental Assessment Workshest (EAW) is to provide information on a project so that one can assess rapidly whether or not the project requires an Environmental Impact Statement. Attach additional -pages, charts, maps, etc, as needed to answer these questions. Your answers should be as specific as possible. Indicate which answers are estimated. I. SUMMARY A. ACTIVITY FINDING BY RESPONSIBLE AGENCY (PERSON) QNegative Declaration (No EIS) EIS Preparation Notice (EIS Required) , B. ACTIVITY IDENTIFICATION ' 1. Project name or title_�jympir Hi11s Sixth Addition 2. Project proposer(s) Olympic Hills Corp./ The Preserve Address 9520 Franlo Road / 11111 Anderson Lakes Pkwy Telephone Number and Area Code ( 612) 941-6262 941-2001 i 3. Responsible Agency or Person City of Fdnn Prairie Address 8950 Eden Prairie Road Eden Prairie, Mn. 55344 Person in Responsible Agency (Person) to contact for further information on this EAW: Chris Enger Telephone 941-2262 4. This EAW and other supporting documentation are available for public in- spection and/or copying at: Location Eden Prairie City Hall Telephone 941-2262 Hours 8am-4:30pm 5. Reason for EAW Preparation �lMandatory Category -cite Petition Other uu MEQC Rule number(s) MEOC 24 NO (50 or more residential units, any part of which is within shoreland area) C. ACTIVITY DESCRIPTION SUMMARY 1. Project location County__8C it Township name _ de1Lpra i ri a __ -- Township number 116 (North), Range Number_2Z_East or e (circle one), Section number(s) 24 625street address (if in city) or legal description: - 1 - 2A 2.. Type and scope of Proposed Project: Single family detached development of approximately 84 lots on ill acres 3. Estimated starting date (month/year) Spring, ISO 4. Estimated completion date (month/year) Fail 194 S. Estimated construction cost 512,600 000 (houses streets, utilities.etc) 6. List any federal funding involved and known permits or approvals needed from each unit of government and status of each: Unit of Government Name or Type of Permit/Approval Status (federal, state, or Federal Funding regional, local) State PCA pending State MWWC State Dept. of Public Health ? Riley/Purg. Wat.Ois grading and erosion control plan City of Eden Prairi zoning and platting approval 7. If federal permits, funding or approvals are involved, will a federal EIS be prepared under the National Environmental Policy Act?pO YES X UNKNOWN II. ACTIVITY DESCRIPTION A. Include.the following maps or drawings: 1. A map showing the regional location of the project. 2. An original 8% x 11 section of a U.S.G.s. 7% minute, 1:24,000 scale map with the activity or project area boundaries and site layout delineated. Indicate quadrangle sheet name. (original U.S.G.S. sheet must be main- tained by Responsible Agency; legible copies may be supplied to other EAW distribution points.) 3. A sketch map of the site showing location of structures and including significant natural features (water bodies, roads, etc). 4. Current photos of the site must be maintained by the Responsible Agency. Photos need not be sent to other distribution points. B. Present land use. 1. Briefly describe the present use of the site and lands adjacent to the site. The site is partially developed as golf course with the remainder zoned Rural. North of the site is Neil Lake and its floodplain , to the east is the golf course clubhouse and residential development,to the south is additional golf course property and wooded Rural zoned land. 2. Indicate the approximate acreages of the site that are: a. Urban developed 50 acres f. Wetlands (Type(9, Iv, V) 20 acres (golf course) v b. Urban vacant 0 acres g. Shoreland RO•�crns c. Rural developed 0 acres h. Floodplain 0 acres d. Rural vacant 61 acres i. Croplan4epasture land 0 acres e. Designated Becre- 0 acres j. Forested 31 acres ation/open Space 2 3. List names and sizes of lakes, rivers and streams on or near the site, particularly lakes within 1,000 feet and rivers and streams within 300 feet. Neil Lake borders the site on the north. The ordinary high water mark is at 805.5 feet. C. Activity Description 1. Describe the proposed activity, including staging of development (if any), operational characteristics, and major types of equipment and/or pro- cesses to be used. Include data that would indicate the magnitude of the proposed activity (e.g. rate of production, number of customers. tons of raw materials, etc). The proposed activity will consist of the installation of public utilities and drainage facilities with construction of a road Individual lots will be sold and individual house builders will be used. It is proposed that the street and utilities be constructed within one construction season. The houses will be built as lots are sold and will depend upon the housing market. 2. Fill in the following where applicable: a. Total project area 111 acres g. Size of marina and access NA sq. ft. or channel (water area) Length NA miles h. vehicular traffic trips generated per day 700 ADT b. Dumber of housing or recreational units -84 1. Number of employees NA c. Height of structures ZL__ft. J. Water'supply needed 35 2nal/da source; municipal d. Number of parking spaces k. Solid waste requiring disposal 178tons/yr e. Amount of dredging NA cu, yd. 1. commercial, retail or f. Liquid wastes requir- industrial floor space NA sq. ft. ing treatment 35 03al/da III. ASSESSMENT OF POTENTIAL ENVIRONMENTAL IMPACT A. SOILS AND TOPOGRAPHY 1. Will the project be built in an area with slopes currently exceeding 12%? No X Yes 2. Are there other geologically unstable areas involved in the project, such as fault zones, shrink-swell soils, peatlands, or sinkholes? X NO _YES 3. if yes on 1 or 2, describe slope conditions or unstable area and any measures to be used to reduce potential adverse impacts. Areas of the site with steep slopes-will be treated in one or more of the following ways: 1. Slope will be lessened 4. Trees and shrubs will be planted 2. Sod will. be placed S. present vegetation left in its 3. Nand surfacing natural state. (Watershed District and City 3 Staff will inspect for proper soil erosion control) . 2Z1 r :� . ��I ,fit, � �► Li r r� f' p1 F) ll. a t w � e c ,� �. n ✓�`.. i �.. _��-. � `��htlwe)31�Y` �,e�"M} U 1 J.cG. � + •GoKC •e L" to Ce va An 4 J� (� •o .�) ''" /� � eea �i Rowland� °' �< L - rIf • r, _ �s z t 0 o ID �( I .� w'• ( \ D a /� J,�. z, s," � •� �o• •� � '''tom-�_— lye o '� .tip:� ��. fib r:.i lR •C�/ C-• _� rBso (�� v op v ; Lake .t as _� � , I - ---i' j -t��•� ,' "��--!'—'�'-1 IJ .J .i life . y; �• ita •.?�t .�3 ? a' i. ' a' m i.• S. moocc000 e � ee�cc,_95� r 000 G00010 'a D r s Sj• mmonow O r0 mv0�:00o wpm � 7- p w w oNiabuvuat 1. r- _ y ... .. — •KfQ O . sLi m U 'ae Trl iF I i 4. Indicate suitability of site soils for foundations, individual septic systems, and ditching, if these are included in the project. Soils are generally suitable for foundations except in selected areas ( identified in the soils report. Corrective action is planned in these areas. For additonal information see page4a. 5. Estimate the total amount o grading and filling which will be done: 70,MD—cu• yd. grading 5n-nn cu. yd. filling What percent of the site will be so altered? is t 6. What will be the maximum finished slopes? 3n 7. What steps will be taken to minimize soil erosion during and after construction? Seeding and straw bales will be used as per Riley/Purgatory Creek Watershed District recommendations. On-site inspections by Watershed District and City staff will monitor soil erosion control. B. VEGETATION k 1. Approximately what percent of the site is in each of the following vegetative types: Woodland 25 t cropland/ Os. Pasture Brush or shrubs 10 i Mar _ 2% Grass or herbaceous 63 other _fit (golf course areas included) (specify) 2. How many acres of forest or woodland will be cleared, if any? _acres 3. Are there any rare or endangered plant species or areas of unique botanical or biological significance on the site? (See DNi publication The uncommon Ones.) _J_NO YES If yes, is species or area and indicate any measures to be used to reduce potential adverse impact. C. FISH AND WILDLIFE 1. Are there any designated federal, state or local wildlife or fish manage- ment areas or sanctuaries near or adjacent to the site? No X YES 2. Are there any known rare or endangered species of fish and wildlife on or near the site? (see DNR publication The Uncommon _X_NO _YES ones.) 3. Will the project alter or eliminate wildlife or fish —NO AYES habitat? 4. If yes on any of questions 1-3, list the area, species or habitat, and indicate any measures to be u$ed to reduce potential adverse impact Un them. 1. Purgatory Creek is located approximately 600 feet to the southwest. (local designated wildlife and passive recreation corridor) 3. Construction of the single family units, roads, utilities, etc., will temporarily displace birds and mammals. After construction, the wooded lots with surrounding golf course lands and other open land will allow some birds and mammals - 4 - to return or travel through the area. A. SOILS AND TOPOGRAPHY 4. OLYMPIC HILLS 67H A001TION Jsoua N •Y••xx,tN tOM - N-4.,N.C•tYNW . N•t•1.•...t...w•11 V•lt•W ttw ».»x:l wlY N-HiLGwW . The above soils are found in the Olympic Hills Sixth Additon proposed plat. Soils such as Ha(Hamel Loam) and Pa(Peaty Muck) have severe limita- tions for residential development. Hamel Loam occurs across the backs of lots in Block 1 and 11,.within outlot D, and almost entirely over lot 4, block B. Peaty Muck occurs across the backs of lots in Blocks 1 and 5 and upon outlot E. Because of the limitations of these soils for residential development ranges from moderate to severe, extra wide footings, care in street and lot drainage, filling, and in some cases artificial drainage methods will be required to construct single family residences. -4a- 2Z(- D, HYDROLOGY 1. Will the project include any of the followings If yes, describe type of work and mitigative measures to reduce adverse impacts. a. Drainage or alteration of any lake, pond, marsh, YES lowland or groundwater supply X (see item N3) b. Shore protection works, dams, or dikes X c. Dredging or filling operations X _ d. channel modifications or diversions e. Appropriation of ground and/or surface water X_ see item #3) f. Other changes in the course, current or-cross— X section of water bodies on or near the site _ see item #3� 2. what percent of a area will be converted to new impervious surface? 8 1 3. What measures will be taken to reduce the volume of surface water run- off and/or treat it to reduce pollutants (sediment, oil, gas, etc.)? Residential lots will be seeded or sodded to reduce the rate of runoff -and restrict sediment and pollutants from reaching surface waters near the development. Storm water will be collected and directed to the lowland ponds with outlets to Purgatory Creek. Neil Lake shore will be protected through the use of straw bales and snow fencing as per Watershed District recommendations. l 4. Will there be encroachment into the regional (100 year) floodplain oy new fill or structures? X NC YES If yes, does it conform to the local floodplain ordinance? NO YES s. what is the approximate minimum depth to groundwater on 0-12 feet the site? E WATER QUALITY 1. Will there be a discharge of process or cooling water, sanitary sewage or other waste waters to any water body or to groundwater? NO YES If yes, specify the volume, the concentration of pollutants and the water body receiving the effluent. Waste water and sewage will be carried by City sanitary system to Blue Lake Treatment Plant and discharged into the Minnesota River. 2. If discharge of waste water to the municipal treatment system is planned, identify any toxic, corrosive or unusual pollutants in the wastewater. NA 3. Will any sludges be generated by the proposed project? X NO YES If yes, specify the expected volume, chemical composition and method of disposal. _ S _ 22� . �C 4. W hat measures will be used to minimise the volumes or impacts identified in questions 1-3? r • ti answered under 91 page S. S. If the project is or includes a landfill, attach information on soil profile, depth to water table, and proposed depth of disposal. No I F. AIR QUALITY AND NOISE 1. Will the activity cause the emission of any gases and/or parttiiculaXtees into the atmosphere? If yes, specify the type and origin of these emissions, indicate any ++ emission control devices or measures to be used, and specify the approxi- mate amounts for each emission tat the source) both with and without the ' emission control measures or devices. During construction engine emissions from truck and heavy equipment will add gases and particulates from grading and traffic will change the Composition of the air quality. Upon completion, normal emsissions associated with a residential development will occur, i.e., heating of homes and car emissions. 2. Will noise or vibration be generated by construction and/or operation of the.project? No X YES ( If yes, describe the noise source(s)i specify decibel levels [dB(A)3, and duration (hrs/da) for each and any mitigative measures to reduce the noise/vibration. During construction equipment will be running Sam-5:30pm . Approximate noise levels within 50 feet of equipment will be in the range of 40-100 dSA. 3. If yes on 1 or 2, specify whether any areas sensitive to noise or reduced air quality-(hospitals, elderly housing, wilderness, wildlife areas, residential developments, etc.) are in the affected area and give distance from source. ' The construction noise will disturb wildlife in the area. No nearby concen- trations of residential exist. G. LAND WSOURCE CONSERVATION, ENERGY 1. Is any of the site suitable for agricultural or forestry production X No YES or currently in such use? If yes, specify the acreage involved, type and volume of marketable crop or wood produced and the quality of the land for such use. 2. Are there any known mineral or peat deposits on the site? NO X YES If yes, %.eci_`y the type of deposit and the acreage. Peaty Muck occurs on approximately l.Sacres located .in the sojithwest corner of the site. This area has been incorporated into an outlot which will not be built upon and will be deeded to the City as open space. 3. Will the project result in an increased energy demand? NO X YES Complete the following as applicables r, a. Energy requirements (oil, electricity, gas, coal, solar, etc,) Estimated peak Demand Annual (Hourly or Daily) _ Anticipated Firm Contract or Tvve Requirement Summer Winter supplier Interruptible Basis? .28.mcf/ .34 me / GAS 11,500 mcf u da u/day Minnegasco firm ELECTRIC 580,000 KWH 2.4 1.6 N.S.P. firm b. Estimate the capacity of all proposed on—site fuel storage. None c. Estimate annual energy distribution fora space heating 50 lighting 10 t air conditioning 30 t a processing 5 • ventilation 5 s d. specify any major energy conservation systems and/or equipment incorporated into this project. All homes will meet the requirements of the Minnesota State Building Code. Homes on the site could utilize solar energy, wind energy, etc. Installation of conservation systems will be at the discretion of builders and/or homeowners. e. What secondary energy use effects may result from this project (e.g. more or longer car trips, induced housing or businesses, etc)) Individuals living and working outside the City who move to this site &continue to work in another community may produce longer vehicular trips. The project does however have the possibility of reducing vehicular trips by allowing other individuals to live closer to their work. H. OPEN SPACE/RECREATION 1. Are there any designated federal, state, county or local recreation or open space areas near the site (including wild and scenic rdvers, trails, lake accesses)? NO X YES If yes, list areas by name and explain how each may be affected by the project. Indicate any measures to be used to reduce adverse impacts. The Purgatory Creek Corridor is to the southwest of the site but will not experience any adverse impact. The project will be developed with a compatible blend of housing and recreational golf through the use of trails and road crossings. — 7 — 2?!� IN. TARmORTATION 1. will the project affect any existing or proposed transportation systems (highway, railroad, water, airport, etc)? No X Yes If yes, specify which part(s) of the system(s) will be affected. ror these, specify existing use and capacities, average traffic speed and percentage of truck traffic (if highway)l and indicate how they will be affected by the project (e.g. congestion, percentage of truck traffic, safety, increased traffic (=), access requirements). See page 8a. 2. Is mass transit available to the site? _1LN� YES 3. What measures, including transit and paratransit services, are planned to reduce adverse impacts? A M.T.C. park-n-ride site exists two miles from the site at the Eden Prairie Shopping Center. J. pL Mli;G, LAND USE, COMIDSUNITY SERVICES 1. Is the project consistent with local and/or regional compreeh nssive plans? If not, explain: - If a zoning change or special use permit is necessary' indicate existing zoning and change requested. The site is presently zoned Rural. A change is being requested to •R1-13.5 allowing construction of single family detached dwellings on lots of 13,500 square feet or larger. 2. Will the type or height of the project conflict with the character of the existing neighborhood? If yes, explain and describe any measures to be used to reduce conflicts. 23v i k ' I ' 1 H. TRANSPORTATION US 169/212 / Sunnybrook Franlo Road 55 mph (US 169/212) 30 mph 30 mph (Sunnybrook) US 169212 _ ,000 ADT* 400 ADT _ 10-13% truck traffic less than 8% truck traffic 16,500 ADT capacity traffic would gain traffic would gain access to US 169/212 access to Franlo Road via Sunnybrook Road . via Clubhouse Road Sunnybrook Road serves 21 homes 168 ADT (estimate) Connection of Sunnybrook Road east to the Olympic Hills Sixth Addition will increase the traffic on Sunnybrook and the traffic attempting to gain access to US 169 at a unsignalized intersection. If half of the average daily trips from the 89 homes exit Sunnybrook to US 169/212. the ADTs on Sunnybrook will increase approximately by 356. This addition would bring the total to 524. *average daily trips -8a- 23 1 3. How many employees will move into the area to be near the project? KA How much new housing will be needed? 4. Will the project-induce development nearby--either support services or similar developments? If yes,explain type of development and specify any other counties and municipalities affected. Extension of utilities could induce additional residential developments. S. is there sufficient capacity in the following public services to handle the project and any associated growth? Amount required Existing Planned public service for ro et water 35,000 al/da yes wastewater treatment 29,000 gal/da yes sewer 6,500 feet yes schools 130 Pupils Yes solid waste disposal 14,8 tan/ yes - streets 1.4 milesI Yes other (police, fire, etc) 1.2 offi r5 If current major public facilities are not adequate, do existing local plans call for expansion, or is expansion necessary strictly for this one project and its associated impacts? The development is part of the City's planned development as per the Comprehensive Guide Plan and capital improvement programs. 6. is the project within a proposed or designated Critical Area or part of a Related Actions EIS or other environmentally sensitive plan or program reviewed by the EQC? YES If yes, specify which area or plan. 7. will the project involve the use, transportation, storage, release or disposal of potentially hazardous or toxic liquids, solids on gaseous substances such as pesticides, radioactive wastes, poisions, etc? x No YES If yes, please specify the substance and rate of usage and any measures to be taken to minimize adverse environmental impacts from accidents. f. when the project has served its useful life, will retirfmant of the facility require special measures or plans? JI NO YPS If yes, specify: t i„ K. HIS'I'ORIc RESOURCES 1. Are there any structures on the site older than 50 years or on federal or state historical registers? No xYES 2. Have any arrowheads, pottery or other evidence of prehistoric or early settlement been found on the site? x No - yes l Night any known archaeologic or paleontological sites be affected by the NO YES UNKNOWN Reviewed activiby State Historical Society _L ! 3. TAst any site or structure identified in l and 2 and explain any impact on them. A two story farm house built in the mid-1920s is located on the western part of the site. This home has been incorporated onto Lot 7, Block 9. L. OTHER ENVIRmwimL coNcmws • Describe any other major environmental effects which may not have been identified in the previous sections. None III, OTHER MITIGATIVE MEASURES Briefly describe mitigative measures proposed to reduce or eliminate potential adverse impacts that have not been described before. None V V. FINDINGS i The project is a private ( ) governmental. ( X.) action. The Responsible Agency (Person), after consideration of the information in this EAW, and the factors (. in Minn. Reg. MEQC 25, makes the following findings. 1. The project is ( ) is not ( X ) a major action. State reasons: The project is consistent with-City Guide Plan Land Use and will meet all ordinance requirements. 2• The Project does (_) does not L (� have the potential for significaat environmental effects. 3. (For private actions only.) the project is ( ) is not ( ) of more than local significance. State Reasons: IV. CONCLUSIONS AND CERTIFICATION NOTE: A Negative Declaration or EIS 'Preparation Notice is not officially filed until the date of publication of the notice in the EEC Monitor section of the Minnesota State aster. Submittal of the EAW to the EQC constitutes a request for publication of notice in the FgC Monitor. A. I, the undersigned, am either the authorized representative of the Responsible Agency or the Responsible Person identified below. Based on the above findings. the Responsible Agency (Person) makes the following conclusions. (Complete either 1 or 2). 1. _X NEGATIVE DECLARATION NOTICE No EIS is needed on this project, because the project is not a major action and/or does not have the potential for significant environmental effects and/or, for private actions only, the project is not of.more than local significance. -;4 i Z, EIS PREPARATION NOTICE An EIS will be prepared on this project because the project is a major action and has the potential for significant environmental effects. For private actions, the project is also of more than local significance. a. The MEQC Rules provide that physical construction or operation of the project must stop when an EIS is required. In special circumstances, the MEQC authorize limited construction to begin or continue. If you feel there are special circumstances in this project, specify the extent of progress recommended and the reasons. b. Date Draft EIS will be submitted: (month) (day) (year) (MEQC Rules require that the Draft EIS be submitted within 120 days of publication of the EIS Preparation Notice in the EQC Monitor. If special circumstances prevent compliance with this time. limit, a written request for extension explaining the reasons for the request must be submitted to the EQC Chairman.) e. The Draft EIS will be prepared by (list Responsible Agency's) or Person(s)): Signature Roger K. Ulstad Citv Manager Title Date B. Attach an affidavit certifying the date that copies of this LAW were mailed to all points on the official EQC distribution list, to the city and county directly impacted, and to adjacent counties or municipalities likely to be directly impacted by the proposed action (refer to question III.3.4 on page 9 of the BAW). The affidavit need be attached only to the copy of the LAW which is sent to the EQC. C. Billing procedures for EQC Monitor Publication State agency Attach to the LAW sent to the EQC a completed OSR 100 ONLY: form (State Register General Order Form--available at Central Stores). For instructions, please contact your Agency's Liaison Officer to the st.ite Register or the Office of the State Register--(612) 296-8D9. - 12 - 235 • 11. JAN 15 080 ` 9192 Neill lake Road Eden Prairie, 1HN 55344 January 12, 19W The Hon. Wolfgang Penzel !Mayor of Eden Prairie city Hall 8950 Eden Prairie Road Eden Prairie, W 55344 Dear Mr. Mayor: I am writing this letter to express my deep concern about, and opposition to, the proposed Olympic Hills Sixth Addition. In my opinion, approval of this proposal will signify the abdication by the City Council and City Commissions over the future course of events in Eden Prairie. I fail totally to see how a development of this magnitude can be justified from the condition of high water on one fairway of the golf course. It is clear to me that this proposal has more to do with profit maximization than with the rational development of the City of Eden Prairie. Several years ago, the owners of Olympic Hills were given approval to operate a golf club. Ever since that time, the perimeter of the golf course has been developed and many people have paid premium prices for "golf view" homesites on Neill fake Road, Overlook Trail, Country Club Road, Spoon Ridge, and others. Even today the development continues. One need only drive through these areas to see the signs and homes. Now the proponents are going one step further. They are starting to fill in the golf course itself, all the while continuing to exploit the Golf View Homesites theme and charging premium prices to people who buy. As the golf course itself continues to shrink, one wonders how long the theme will continue. This course of events is clearly a case of deception. At any given stage of development, the people do not know what is coming next. There certainly was no plan for this addition. And this is the real problem. If there is no plan, there is no reason why there cannot be further "golf view" developments. The Golf Club has apparently said that its financial condition is a factor in its request for this proposal. If this is so, then it should be willing to have its financial condition examined by the city. 2.3(0 i The changes that have been snide to the original proposal are cosmetic at best. The offer to give the City right of first refusal on possible sale of the property means nothing. It does not rule out further development schemes. Thy sell if there is more money to be made? The City has the power to control events without ownership. Acceptance of the cosmetic changes would be appeasement of the worst kind. The City Arks and Recreation Commission, in sty opinion, should be abolished, if their attitude is that every property owner has the right to do whatever he sees fit with his property. If this is the prevailing attitude, the. in really no reason to have any Boning or planning whatsoever. This proposal should be flatly refused by the City Ca moll unless the Golf Club owners can demonstrate a clearly precarious financial condition. Then the City should assess the financial consequences of the various alternatives from the point of view of the City and its citizens. The people must control Eden Prairie's future and determine what is best for themselves. The City should not be left to be plundered by the developers. Fours very truly, Thomas C. Reading eca Members of City Council Sidney Pauly Paul Redpath David Osterholt Dean Edstrom l 23'1 - I i l 9504 Club House Road Eden Prairie, MN . 55343 January 15, 1980 Mayor and City Council of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Gentlemen: This letter is in reference to the public hearing to be held on January 22, 1980, regarding the rezoning of the Preserve and Olympic Hills Golf Club. i am writing this letter as I will be out of town and unable to attend the meeting. i am voicing my concerns on this rezoning both as a resident of Eden Prairie and a member of Olympic Hills. I believe that if this rezoning is passed, it is the beginning of the end of Olympic Hills Golf Club, at least as a private club. i have thoroughly reviewed the proposed plans which are on file at City Hall, ( and believe that those plans will rU;n not only one of the best golf courses in the state of Minnesota, but also will ruin a good sized piece of land which is at least somewhat in its natural state, ie., the wooded areas and ponds which are currently part of the golf club. We as members were told that the golf course would be offered for sale to us prior to the development of the proposed plans. We were told this in a meeting some time ago, and to my knowledge, nothing more has been said or done in that regard. This leads me to assume that the intent is to alter the golf course by developing part of it and THEN to attempt to sell it to the members. i firmly believe -that if the golf course is altered according to the proposed plans, the members will have no interest in buying it. Therefore. if you allow the proposed to pass, i assume your next decision will have to be to either buy the golf course and make a municipal course out of it or to allow the entire golf course to be divided and sold as lots. I further object to the proposed plans on the basis that i was sold my townhouse a little more than a year ago by one of the same individuals who is trying to gain approval of the proposal. i bought the townhouse believing that it was going to be on a very quiet street with a rear view of Olympic Hilts Golf Course. They have already placed a double bungalow behind me to disturb my view and now propose to put a busy street and a lot of houses directly in that view. Mayor and City Council of Eden Prairie January 15, 1980 Pape 2 i sincerely hope that you, the City Council, will see fit to stop this rezoning and make sure that ALL other alternatives have been explored. This letter and my comments do not really address that part of the proposed plans which is in the Preserve to the west of the golf course, as I did not spend that much time reviewing those plans nor am i that familiar with the area west of the golf course. Yours truly, Edward L. Warring ( CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO.80-14 RESOLUTION APPROVING THE PRELIMINARY PLAT OF OLYMPIC HILLS SIXTH ADDITION RE IT RESOLVED by the Eden Prairie City Council as follows: That the preliminary plat of Olympic Hills Sixth Addition , dated November, 1979 , a copy of which is attached hereto and amended as follows: 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 _day of , 19 . Wolfgang H. Penzel, Mayor John D. Frane, City Clerk SEAL 2A% CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 80 - 15 A RESOLUTION FINDING THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR OLYMPIC HILLS SIXTH ADDITION A PRIVATE ACTION DOES NOT REQUIRE AN ENVIRONMENTAL IMPACT STATEMENT WHEREAS, The City Council of the City of Eden Prairie did hold a public hearing Janaury 22, 1980 to consider Olympic Hills Sixth Addition by The Preserve and Olympic Hills Corporation, and WHEREAS, aaid rezoning is approximately 111 acres of land from Rural to R1-13.5 consistent with the Comprehensive Guide Plan, and r WHEREAS, the Eden Prairie Planning Commission did hold a public hearing on December 10, 1979 to consider the rezoning, preliminary platting, and Environmental Assessment Worksheet, and recommended said requests be approved by the City Council, and NOW THEREFORE BE IT RESOLVED, by the Eden Prairie City Council that an Environmental Impact Statement is not necessary for Olympic Hills Sixth Addition because the project is not a major action which does not have signigicant environmental effects and is not more than local significance. BE IT FURTHER RESOLVED, that a Negative Declaration Notice shall be officially filed with the Minnesota Environmental Quality Council. ADOPTED THIS day of , 1980. Wolfgang H. Penzel, Mayor Attest: John D. Frane, City Clerk 23°� PF JIM�b��i,l n � ... Srii/',prj rev CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA / NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN , that the Eden Prairie City Council will meet in the Eden Prairie City Hall, 8950 Eden Prairie Road, at 7:30 PM, on Tuesday, January 22, 1920, and will during said meeting conduct a public hearing on rezoning the below described properties back to the Plan Study District for 1 year. Located in the Northeast,Southeast and Southwest quadrants of Co.Rd.4 and T.H.f51 described as follows: Northeast Quadrant Subd. 1 . The East 217.-8"feet of the West 959.8 feet of the South 300 feet of the Southwest Quarter of the Southwest Quarter, Section 9, Township 116, Range -22, shall be included hereafter in the PS (Plan Study) Distract. Subd. 2. That part of the South 300 feet of the Southwest. Quarter of the Southwest Quarter lying East of the West 959.8 feet thereof except the railroad right-of-way, Section 9, Township 116, Range 22, shall be included hereafter in the PS (Plan Study) District. Subd. 3. Lot 27, Block 7, Westgate Addition according to the plat thereof on file and of record in the office of the Register of Deeds, Hennepin County, Minnesota, shall be in- cluded hereafter in the PS (Plan Study) District. Subd. 4. All that part of the Southeast Quarter of the Southeast Quarter of Section 8, Township 116, Range 22, lying Northerly of the following described line: beginning at a point on the East line of the said Quarter Quarter, distance 600 feet North of the Southeast corner thereof; thence Westerly parallel with the South line of the said Quarter Quarter, dis- tance 800 feet; thence Northwesterly to a point on the test line of the said Quarter Quarter, distance 770 feet Northerly of the Southwest corner of the said Quarter Quarter and there terminating, shall be included hereafter in the PS (Plan Study) District. Subd. 5. All that part of the Southeast Quarter of the +' Southeast Quarter of Section 8, Township 116, Range 22, lying Northerly of the Northerly right-of-way line of State Highway No. 5 and Southerly of the following described line: beginniny at a point on the East line of the said Quarter Quarter, dis- tance 600 feet North of the Southeast corner thereof; thence Westerly parallel with the South line of the said Quarter Quarter, distance 800 feet; thence Northwesterly to a point on the West line of the said Quarter Quarter, distance 770 feet Northerly of the Southwest corner of the said Quarter Quarter and there terminating, shall be included hereafter in the PS (Plan Study) District. page 1 of 3 2.4 Southwest Quadrant e Subd. 6. That part of Sections 8 and 17, Township 116, Range 22 described as follows: Commencing at the Southwest. corner of Southwest 1/4 of Southeast 1/4 i Sec.8,thence E along South l ine thereof 951.05 feet to a point known as Point A, thence North at right angle to the center line of State Highway No. 5, said Point being actual point of beginning, thence South to Point A, thence deflect left 72 degrees, 00 minutes 10 seconds to the center line of County Road No. 4, thence North along said center line to the center line of State Highway No. 5, thence Northwesterly along said center line to beginning, except roads, shall be included hereafter in the PS (Plan Study) District. Southeast Quadrant Subd. 7 . All that part of the Northeast Quarter of the Northeast Quarter of Section 17, Township 116, Range 22, lying North of the South 680 feet thereof, Southerly of State Highway No. 5, and Westerly of the Northerly extension of the Easterly line of the Lincolnwood Addition according to the plat thereof on file and of record in the Office of the Register of Dods, ;. Hennepin County, Minnesota, shall be included hereafter in the PS (Plan Study) District. Subd. 8 . The Westerly 625 feet of the South 570 feet of the North 1215 feet of the Northeast Quarter of the Northeast Quarter of Section 17, Township 116, Range 22, shall be included hereafter in the PS (Plan Study) District., except the following: That pa-t of the F.orthenst Guurter of the Northeast quarter or Section 17, Township 116, flange 22, described as follows: Beginning at the Northwest corner of said Northeast quar- ter of the Northeast quarter; thence South along the teat line of gain tortheast quarter or the Northeast quarter to the North line of the South quarter of said Northeast quarter of e 1.orthedst quarter; thence Fast along said North line of the Scutt- quarter of the North- east quarter of the Northeast quarter to a point thereon distant llOE.5d feet bust of the Bast line of said Section 17 as measured along said North line or the South quarter of the Northeast quarter of the forthdast quarter, said point being the poirt of ber1nning of a line hareloafter rererred to as *Line B% thence North parallel with said :i,st lied or eac- tior. 17 a distance of 440.12 feet, and said "Line E" there endinC; thence FA sterly to sPoint Y" hereinafter described; thence North 23014'14" ?.ast 436.9s feet more or leca to the SoUtherl,y right-of-way line of State Trunk highway No. 5 asdescribed at p rcel 16 of final cartifieate recorded as ibc. No. 30575;<; thence Norta.."tarly, Nort:,dustcrly, and I:orthwoat erly slon3'said ritht-of-vny line to the North Line of Baia Nortneaat quarter of the :;oru,- east quarter; thence Lest along said North line to the point of berinninz, EXCEPT that part thereof descrlFed as bneinning at sold Northwost corner of the Northeast quarter of tho 11orthsast quarter; thence South along said Lest line or the Northeast qunrtor or tho Rorti- east quarter a distancn of 271.98 feet to the point of beginning of a Una huruin.ftcr reror- Ted to as "Line A"; thence last deflecting to the left 92o26' a distance of 35:%.55 rout, and said ;Ans t" there ending; thence at a right angle North to the Southwesterly rigtl-of-way line of said State HiChuay fa. 5; thence Northwesterly, Northeasterly, and northwesterly t Along said right-of-way line-to said North line of the Northeast quarter of the Norti,east 4uarter; thence Lest along said No-th line to the point of beginning, sNL EXCEiT .at part tbere,of lyinC uithin the tassment for County Road No. 4 as described i ti s Locuxant Nc. 3538642; AND EICEn that part thereof lying South of a live drawn parallel with and 60 feat South, aws'eured at ri[ht angles, tram said al.asis 4• and lyius .est of slid =..ins Ha arcs ;_ North- erly extension. page 2 of 3 242-- r Said -foist V is located as follovas couireneiag at a point on the East line of the Earth- east quarter of the Northaast quarter of said Section 1?, distant lE0 feet South of the Northeast eornor thereof (said Fast lima holm assuaad to have a bearing of South); th,.n v South 88013' West slont a Tine parallel with the Westerly extension of the North lime of Section 16, Township 116, Hangs 222 a distance of 2.0 rest; thence South 23014'34e Meat a distance of•353.30 feet core or less to a point In a line draws parallel with the westerly ,extension of the North line of said Section 16 from a point on the West line of acid Section 16 distant 500.40 feet:mouth of the Northwest corner of said Section 16 and distant 141.46 feet Westerly of the west lire of said Section 16 as ressured along quid parallel llae; tbanee South leolO*27" West a distance of 82.52 rest along a line which !f extended, would Intersect the North line of the South quarter of said Northeast quarter of the Northeast quarter of Section 1?at a joint thereon distant 303.63 feet west'of tiro last line of sold 6votion 17, as measured alonx said North line of the South quarter or the Northeast quarter of the Northeast quarter; theace North 89040' Wost a distance of 715.66 fiat to the inter- eaetlen with a line drawn parallel with and distant$83.02 feet Uest of the F,ost line cif Oa1d vactlon 17 as measured along said North 13ns of the South quarter of the Northeast -quarter of the Northeast quarter, said point of intersection In designated as *faint V, "cording to the United States Government.moray thorsoi, and situate tc ttenospts County. Minnesota. All comments, suggestions, or inquiries should be directed to the Eden Prairie City Hall, Planning Department, between the hours of 8:00 am- 4:30 pm, Monday through Friday. BY ORDER OF THE CITY COUNCIL Published in the Eden Prairie News Jan. 10, 1980 page 3 of 3 i 20 _ { To: Mayor anc City Council From: John D. Frane Date: January 18, 1980 RE: M.I.D.B.'s for Einess, Norderhus and Anderson - $700.000 The partnership of Del Einess, Lance Norderhus and Reynold Anderson wish to construct a 12,000 square foot building which will contain a bank and medical and dental offices. The building would be located just to the west of the Prairie Village Mall on property which has had a second reading of an ordinance rezoning the parcel to Office which is proper for this use. This facility would employ 15 persons and would cost about $800,000. The partners, who have a substantial net worth, own and manage a number of rental projects. Resolution 80-23 is attached for your consideration. . ayq CITY dF EDEN PRAIRIE, MINNESOTA ( Application for Industrial Development Bond Project Financing 1. APPLICANTS: Del Einess Lance Norderhus Reynold Anderson a. Business Name - b. Business Address - 5100 Edina Industrial Boulevard Edina, Minnesota a. Business Form (corporation, partnership, sole proprietor- ship, etc.) - Partnership to be organized d. State of Incorporation or organization - MINNESOTA e. Authorized Representative - Del Einess Lance Norderhus Reynold Anderson f. Phone - 835-6866 (Einess, Norderhus) 721-6621 (Anderson) ` g. NpAIE(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: a�• Del Einess 5100 Edina Industrial Boulevard Suite 217, Edina, Minnesota 55435 b. Lance Norderhus 5100 Edina Industrial Boulevard Suite 217 Edina, Minnesota 55435 a. Reynold Anderson 4314 Minnehaha Avenue South Minneapolis, Minnesota 55406 S. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL (r PRODUCTS, ETC: REAL ESTATE DEVELOPMENT 4. DESCRIPTION OF PROJECT Professional Building a. Location and intended'use: West-of Prairie Village Mail and North of TH 5. Intended Use: To house Bank and lrofession4 Offices b. Present ownership of project site: Eagle Enterprises, Inc. Zaeco, Inc. c. Names and address.of architect; engineer, and general contractor: Architect: Hanley and Associates , General Contractor: Steen6ers Construction Company 5. ESTIMATED PROJECT COST FOR: Land $ 120,000 Building $ 620,000 Equipment $ Other (legal, financing, $ 60,000 interest'during - construction, contingency) Total $ SDO'ODO -2— . i 6. BOND ISSUE - a. Amount of proposed bond issue $700,000 - b. Proposed date of sale of bond - March,.1980 c. Length of bond issue and proposed maturities - 30 years d. Proposed original purchaser of bonds - Institutional lender(s) -to be determined e. Name and address of suggested trustee - N/A f. Copy of any agreement between Applicant and original purchaser - NONE g. Describe any interim financing sought or available To be determined h. Describe nature and amount of any permanent financing in addition to bond financing - NONE 7. BUSINESS PROFILE OF APPLICANT. a. Are you located in the City of Eden Prairie? Applicants are owners of Prairie Village Mall Shopping Center, 16500 West 78th Street, Eden Prairie, Minnesota 55344 - Applicants Offices are located in: Edina and Minneapolis. b. Number of employees in Eden Prairie? Applicants Use Independent Contractors in Maintaining Prairie Village Mall. ( i. Before this project: 2y1 !. ti. After this pro3ect? As a*result of this project, there will be increased employment opportunities in tenant offices (Bank, Medical and dental offices) and in office maintenance functions. It is estimated that the project will generate 15 additional jobs at an annual payroll of $230,000. a. Approximate annual sales - d. Length of time in business Del Einess and lance Norderhus for 11 years Reynold Anderson for 30 Years. _ In Eden Prairie 3 years (Prairie Village Mall) e. Do you have plants in other locations? If so, where? Shopping Center - Woodbury, Minnesota f. Are you engaged in international trade? NO 8. OTHER INDUSTRIAL DEVMPMENT PROJECTS): a. List the name(s) and location(s) of other industrial development project(s) in which the Applicant is the owner or a "substantial user" of the facilities or a "releated person" within the meaning of Section 103(b)(6) of the Internal Revenue Code. SHOPPING CENTER,-Woodbury, Minnesota Zy 6' b. List all cities in which the Applicant has requested industrial revenue development financing. Woodbury, Minnesota �. Detail the status of any request the Applicant has before any other city for industrial development revenue financing. NONE d. List any city in which the Applicant has been refused industrial development revenue financing. NONE e. List any city (and the project name) where the Applicant al to n %vhich finalcapprovalr authorizing pthe vfinancing c eed but i has been denied. NONE ' -5- i. If Applicant has been denied industrial development revenue financing in any other city as identified In (d) or (e), specify the reason(s) for dwhoa and the name(s) of appropriate city officials have knowledge of the transaction. p/A 8. NAM AND AWRES'S OF: s. Underwriter (If public offering) NA AGENT b. private placement pA41*0 1 (It private placement) • Dougherty, Dawkins, Strand & Ekstrom, Incorporated 414 IDS Center Minneapolis, Minnesota 554OZ 1. If lender will not commit until City has passed its preliminary resolution approving the project, submit a letter from proposed lender that it has an interest in the offering subject to appropriate City approval and approval of the Commissioner of Securities. b. Bond Counsel - Dorsey, Wi'ndhorst, Nannaford, Whitney & Halladay C 2300 First National Bank Building Minneapolis, Minnesota c. Corporate Counsel - d. Accountant - Graves Lundeen Almquist 10. MUT IS YOUR TARGET DATE FOR: a. Cortstructioa start - April, 1980 b, Construction completion - October, 1980 FOR Fi1RTF1ER INFORMATION CONTACT: The undersigned Applicant understands that the approval or disapproval by the City of Eden Prairie for Industrial liedl Development bond financing does not waiver Of expressly or ny p ovision constitute any approval, variance. ng, building, or other rule or requirement relating to any z or ordinance of the City of Eden Prairie. orp n$ other law included applicable to the propertyDel Einess Lance Norderhus Reynold Anderson pplican 1 �— • J Van-, t � .• 12. ZONING - TO BE COITLETED BY THE CITY PLANNING DEPAWMNT t b a. Property is zoned - (-ZZ � c�`,� or b. Present zoning (is) ( not correct for the intended_ use. c. Zoning application received on for wb cb is correct for the Intended use. d. Variances required - My -PIanne r i i. Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. 00 RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE CD14MISSIONER OF SECURITIES, AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT WHEREAS, (a) The City Council has received from a partnership composed of Del Einess, Lance Norderhus and Reynold Anderson (the "Obligor"), a proposal that the City finance a project for purposes consistent with the Minnesota,Municipal Industrial Development Act, Chapter 474, Minnesota Statutes, said project to consist of the acquisition of land and construction of a professional office building in the City (the "Project:") at an aggregate cost presently estimated at $800,00. (b) The City has been advised by the Obligor that conventional, cox.mericai financing to pay the capital cost of undertaking the project is available only at such costs of borrowing that the economic feasibility of undertaking the Project would be reduced, but the Obligor has also advised this Council that with the aid of,municipal financing and its resulting low borrowing cost, the Project is economically enhanced; (c) The Project would create additional employment opportunities for residents of the City and enhance the tax base of the City; (d) The full faith and credit of the City would not be pledged or be responsible in connection with such Project; (e) A public hearing on the proposal. has been held as required by law. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, as follows: 25� y r (1) The Council hereby approves the proposal of the Obligor g that the City undertake to provide financing for the Project pursuant to the Minnesota Municipal Industrial Development Act (Chapter 474, Minnesota Statutes) by acquisition Of the Project to be leased or sold by the City to the Obligor, or by direct loans of the note proceeds to the Obligor, all upon such terms and conditions, with provisions for revision from time to time as necessary, so as to produce income and revenues suffi- cient to pay, when due, the principal of and interest on notes of the City to be issued pursuant to the aforesaid Chapter 474 to finance said Project. (2) The Project is hereby given preliminary approval by the City, subject to the approval of the Project by the Commissioner of Securities and subject to final approval by this Council and the Obligor and the initial purchaser of any notes to be issued as to the ultimate details of the Project and such notes. The City hereby undertakes preliminarily to issue its revenue notes in an amount not to exceed $700,000 to pay a portion of the cost of the Project. (3) In accordance with Subdivision 7 of Section 474.01, Minnesota Statutes, the Mayor and Clerk are hereby authorized and directed to submit the proposal for the above described Project to the Commissioner of Securities rcquesting his approval. (4) No Liability of City. Nothing in this resolution or in the documents prepared pursuant --he-r—eto shall authorize the expenditure of any moneys of the City on the Project other than the revenues thereof or the proceeds of the revenue obligations. The revenue obligations shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the Project and the revenues pledged to the payment thereof, nor shall the City be subject to any liability thereon. No holder of any revenue obligations shall ever have the right to compel any exercise of the taxing power of the City to pay any such obligation or the interest thereon, nor to enforce payment thereof against any property of the City except the Project. Each revenue obligation shall recite on its face that the obligation, including interest thereon, is payable solely from the revenues pledged to the payment thereof. No obligations issued hereunder shall constitute indebtedness of the City within the meaning of any constitutional, statutory or charter limitation. (S) The adoption of this Resolution' does not constitute a guarantee or a firm commitment that the City will issue the note as requested by the Obligor. The City retains the right in its sole discretion to withdraw from participation, and accordingly not issue the note, should the City at any time prior to issuance thereof determine that it is in the best interest of the City not to issue the note or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any documents required for the transaction. (g) The Obligor has agreed and it is hereby determined that any and all direct and indirect costs incurred by the City in connection i with this Project, whether or not the Project is carried to completion, and whether or not approved by the Commissioner of Securities, and whether or not the City by resolution authorizes the issuance of the note, will be paid by the Obligor upon request. (7) The City will require the Obligor, if the notes are issued and sold, to provide the information necessary 'to comply with the provisions of Minnesota Statutes, Section 474.01, Subdivision 8. Approved: Mayor Attest: City Clerk Motion for adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken the following voted in favor: and the following were opposed: whereupon said resolution was declared and passed and adopted. To: Mayor and City Council From: John D. Frane Date: January 18, 1980 RE: M.I.D.B.'s for Tekcom Properties - $1.250,000 The partnership of Ron Schwinkendorf, the owner of Tekcom, and John Mutschler intend to construct a 63,000 square foot office warehouse facility in Shady Oak Industrial Park 3rd. Tekcom, a packager of electrical components, would occupy 10,000 square feet and employ about 45 persons. The balance of the project would be leased to others. The property has had a second reading rezoning it to I-2 Park; project cost is estimated to be $1,978,000. Resolution 80-21 is attached for your consideration. 2.66 CITY or EDEN PRAIRI$, MINnSOTA Application for Industrial Development Bond Pr°3ect Financing 1, APPLICANT: a. Business Name - Tekcom Properties y. Business Address - 7586 Washington Avenue south Eden Prairie, Minnesota 55344 c. Business Form (corporation, Partnership, sole proprietor- gyp, etc.) - PartnershiP d. State of Incorporation or'organization - Minnesota e- Authorized Representative Ronald Schwinkendorf f, phone - 941-4148 2. NAME(S) AND ADDRESSES OF MAJOR STOCOOLDERS OR PRINCIPALS: a, Ron Schwinkendorf, 6500 Warren, Edina, Minnesota b. John G- Mutschler, 6516 Warren, Edina, Minnesota C. 1� 266 8. GIVE BRIEF DESCRIPTION OF NATUiM-OF BUSINESS. PRINCIPAL ( PRODUCTS, ETC: Packager of electronic components into forms suitable for automated electronic assembly operation. 4. DESCRIPTION OF PROJECT Office/warehouse building a. Locaticn and intended use: Lot 4, block 1, Shady Oak Industrial Park, Third Addition. Office, warehouse and light assembly. G 3, o-" 51 f r b. Present ownership, of project site: Richard W. Anderson, Inc. a. Names and address of architect, engineer, and general contractor: C To be ascertained. • ' 5. ESTIMATED PROJECT COST FOR: Land $ 354,000 Building $ 1,546,000 Equipment $ Other $ 78,000 Total $ 1,978,000 6. BOND ISSUE - a. Amount of proposed bond issue - $1,250,000 b. Proposed data of sale of bond - 6/1/80 c. Length of bond issue and proposed maturities - 30 years d. Proposed Mi available Miller b Schroeder investment Corp- is the plac at ement this time.. agent. e. Name and address of suggested trustee - N/A f. Copy of any agreement between Applicant and original purchaser - N/A g. Describe any interim financing sought or available - Construction mortgage to be placed with a banking institution. h. Describe nature and amount of any permanent financing in addition to bond financing - None T. BUSINESS PROFILE OF APPLICANT. a. Are you located in the City of Eden Prairie? yes b. Number of employees in Eden Prairie? i. Before this project: 19 iP• erg- 25$ 11. After this Pro3ect? 45 C. Approximate annual sales - $675,000 d. Length of time in business 5 years in Eden prairie 4 years e. Do you have plants in other locations? It so, where? , NO f. Are you engaged in international.trade? MP g, QTIMR INDUSTRIAL DEV=PMENT PROJECT(s): a. List the aame(s) and locatiOn(s) of other industrial development project(s) in which the Applicant is the owner or a substantial user" of the facilities -Or a "releated Person" within the meaning of section 103(b)(8) of the Internal Revenue Code. None Jr� b. List all cities in which the.Applicaat has requested Industrial revenue development financing. None c. Detail the status of any request the Applicant has. before any other city for industrial development revenue financing. None d. List any city in which the Applicant has been refused industrial development revenue financing. None e. List any city (and the protect name) where the Applicant has l approoval authorizingpthevfinancl to ingceed but has beenideniedh final approval None �S- 240 _. If Applicant has been denied industrial development revenue financing in any other city as identified in (d) or (e), specify the reason(s) for the denial and the name(s) of appropriate city officials who have knowledge of the transaction. None 9. NA)W An ADDRESS OF: a. Underwriter_ (Ifpublic offering) N/A b. Private Placement Purchaser (If Private placement) The respective purchaser of this tax exempt mortgage will be a financial institution such as a life insurance company or a savin a gs and loan association. we intend to clse1this there- . a savition toward the end of the first ter o fore we have not received a t fuatilc ity 3e"n, i, it lender will not commiesolution approving passed its preliminary the project, submit a letter from proposed lender that it has an interest in the offering subject to appropriate City approval and approval of the Commissioner of Securities. , . s b. Bond Counsel - Lyn Endorff. Dorsey. Windhorst, Hannaford, Whitney and Halladay. Counsel -Stan Efron of Hansen 8 Efron c• Corporate1200 Title Insurance Building Minneapolis, MN 55414 d. Accountant - Dave 'Lurie, ' Glickman, Lurie, Eiger, Besikof, LTD 621 Lilac Drive, Minneapolis, MN 55422 10. MUT I8 YOUR TARGET DATE FOR: - a. Construction start - January 1, 1989 b, Construction completion - June 1, 1980 FOR PURTURnapomTION CONTACT: understands that the Industrialapproval or The uu dApplan isapprovaib the icof Eden prairiefor d not expressly or liedly Development bond financing does ny provis approval, variance, or yPaiver of any provision constitute any zoning, building, or other rule or requirement relating to any or any other law or ordinance of the City of Eden prairie, applicable to the property included in this p7o3ect' pp scant By rs � tB �{OIC S � s 2.1. ZONING - TO BE CoMpLEM BY THE CITY PLANNING DEPART1dE M z. Property is zoned - �.�nt' '— IJ� FOWAd b. Present8 aJEtA FOV— zoning (is) is not correct for the intended Use. c. Zoning aPplicatioa received whi is correct or the for intea�c a use. d. Variances required L,.a t fty Planner �/ ( RESOLUTION NO. o n / RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUS- TRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECUR- ITIES FOR APPROVAL; AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS BE IT RESOLVED by the-City Council of the City of Eden Prairie, Minnesota (the City), as follows: SECTION 1 Recitals and Findings 1.1. This Council has received a proposal that the City finance a proposed project under Minnesota Statutes, Chapter 474 (the Act), consisting of the acquisition of a parcel of land and the con- struction and eauiooinq thereon of an office and warehouse facil- ity (the Project) by Tekcom Properties, a limited partner- ship (the Borrower), to be leased by tie Borrower to Tekcom, Inc., a vackager of electronic components. 1.2. At a public hearing, duly noticed and held on 1979, in accordance with the Act, on the proposal to unu rtake and finance the Project, all parties who appeared at the hearing were given an opportunity to express their views with respect to the proposal to undertake and finance the Project. Based on such hearing and such other facts and circumstances as this Council deems relevant, this Council hereby finds, determines and declares as follows: (a) The welfare of the State of Minnesota requires active promotion, attraction, encouragement and develop- ment of economically sound industry and commerce through governmental acts to prevent, so far as possible, emer- gence of blighted lands and areas of chronic unemploy- ment, and the State has encouraged local government units to act to prevent such economic deterioration. (b) The Project would further the general purposes contemplated and described in Section 474.01 of the Act. (c) The existence of the Project would add to the tax base of the City, Hennepin County and the School District in which the Project is located and would pro- vide increased opportunities for employment for resi- dents of the City and surrounding area. 2LW I (d) This Council has been advised by Miller i Schroeder Investment Corp., agent for the Borrower (the Agent) , that conventional, commercial financing to pay the cost of the Project is available only on a limited basis and at such high costs of borrowing that the econ- omic feasibility of operating the Project would be sig- nificantly reduced, but that with the aid of municipal borrowing, and its resulting lower borrowing cost, the Project is economically more feasible. (e) This Council has also been advised by the Agent that on the basis of their discussions with po- tential buyers of tax-exempt bonds, revenue bonds of the City could be issued and sold upon favorable rates and terms to finance the Project. (f) The City is authorized by the Act to issue its revenue bonds to finance capital projects consisting of properties used and useful in connection with a revenue producing enterprise, such as that of the Borrower, and the Borrower represents to the City that issuance of such bonds by the City would be a substantial inducement to the Borrower to acquire and construct the Project. SECTIOX'2 Preliminary Approval of Project 2.1. On the basis of information given the City to date, it ap- pears that it would be in the best interest of the City to issue its revenue bonds under the provisions of the Act to finance the Project in an amount not exceeding $1,250,000. 2.2. It is hereby determined to proceed with the Project and its financing and the Project is hereby given preliminary approval by the City and the issuance of revenue bonds of the City (which may be in the form of a commercial development revenue note or notes) up to such amount is hereby approved, subject to the ap- proval of the Project by the Commissioner of Securities, the ful- fillment of such other conditions as the City may require with respect to the issuance of its bonds in connection with the Pro- ject, and the mutual agreement of this Council and the Borrower as to the details of the bond issue and provisions for their pay- ment. In all events, it is understood, however, that the bonds of the City shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, except the Project, and each bond, when, as and if issued, shall recite in substance that the bond, including interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the City. -2- 2GT f Y • :f F 2.3. The form of the Application to the Commissioner of Secur- ities, with attachments, is hereby approved, and the Mayor and City Manager are authorized to execute said documents.in behalf of the City. 2.4. In accordance with Section 474.10, Subdivision 7a of the Act, the Mayor, City Manager, and Finance Director/Clerk are hereby authorized and directed to cause said Application to be submitted to the Commissioner of Securities for approval of the Project. The Mayor, City Manager, Finance Director/Clerk, City Attorney and other officers, employees and agents of the City are hereby authorized and directed to provide the Commissioner with any preliminary information the Commissioner may need for this purpose, and the City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project, if it is approved by the Commissioner. SECTION 3 General 3.1. If the bonds are issued and sold, the City will enter into a lease, sale or loan agreement or similar agreement satisfying the requirements of the Act (the Revenue Agreement) with the Bor- rower. The lease rentals, installmdht s'ale payments, loan pay- ments or other amounts payable by the Borrower to the City under the Revenue Agreement shall be sufficient to pay the principal, interest and prepayment premium, if any, on the bonds as and when the same shall become due and payable. 3.2. The adoption of this resolution does not constitute a guar- antee or a firm commitment that the City will issue and sell the bonds as requested by the Borrower. The City retains the right in its sole discretion to withdraw from participation, and accordingly not issue the bonds, should the City at any time prior to the issuance thereof determine that it is in the best interest of the City not to issue the bonds or should the parties to the transaction be unable to reach agree- ment as to the structuring of the financing or as to the terms and conditions of any of the documents required for the transac- tion. 3.3. The Borrower has agreed and it is hereby determined that any and all direct and indirect costs incurred by the City in connec- tion with this Project, whether or not the Project is carried to completion, and whether or not approved by the Commissioner of Securities, and whether or not the City by resolution authorizes the issuance of the bonds, will be paid by the Borrower upon re- quest. 3.4. The City will require the Borrower, if the bonds are issued 2G� 3 it 1 C and sold, to provide the information necessary to comply with the provisions of Minnesota Statutes, Section 474.01, Subdivision 8. Mayor Attest: Finance Director er The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted and was signed by the Mayor whose signature was attested by the Finance Director/Clerk. 2.61 -4- To: Mayor anc City Council From: John D. Frane Date: January 18, 1980 RE: M.I.D.B.'s for S.K.S. Properties - $1,000.000 Robert Strochota, Terrence Kingston and Peter Sontag intend to construct a 43,500 square foot office warehouse facility on Block 2, Lot 7, Edenvale Industrial Park (next to Crown Auto). The facility has an•estimated cost of $1,200,600. Space would be leased to as many as 4 tenants who could employ 70 persons. The property is zoned I-2 which is correct for the intended use. Resolution 80-22 is attached for your consideration. JDF:mb • ZL� CITY OF EDEN PRAIRIE, MINNESOTA APPLICATION FOR ` INDUSTRIAL DEVELOPMENT BOND-PROJECT FINANCING I. APPLICANT A. Business Name SKS Properties B. Business Address 2415 Sherwood Hills Road Minnetonka, Minnesota 55343 C. Business Form General Partnership D. State of Incorporation or Organization Minnesota i E. Authorized Representative Robert J. Strachota F. Phone ' 835-6531 II. NAMES AND ADDRESSES OF PRINCIPALS A. Robert J. Strachota SKS Properties 2415 Sherwood Hills Road Minnetonka, Minnesota 55343 B. Terrence E. Kingston SKS Properties 2415 Sherwood Hills Road Minnetonka, Minnesota 55343 C. Peter M. Sontag SKS Properties 2415 Sherwood Hills Road Minnetonka, Minnesota 55343 2�g j III. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC SKS Properties was formed for the purpose of real estate investment. The principle business of the partnership will be the development, construction, leasing, and management of the project referred to herein. The objective of the partnership is long term ownership of the project. IV. DESCRIPTION OF PROJECT A. Location and Intended Use The project will be a 45,434 square foot concrete foundation and steel frame office-warehouse facility of above average construction. The parcel is located at Block Two, Lot Seven in the Edenvale Industrial Park next to the Crown Auto Stores building. Corporate Way provides access to the site. Space iA the building will be leased to as many as four tenants. B. Present Ownership of Project Site SKS Properties has entered into a Purchase Agreement with Edenvale, Inc. for the project site. Earnest money of $15,000 has been paid with the balance of the price of the land to be paid at the date of closing, December 15,.1979.• The Purchase Agreement is subject to SKS Properties obtaining Industrial Development Revenue financing and may be extended for thirty days upon payment of an additional $5,000 of non-refundable earnest money. C. Names and Address of Architect, Engineer, and General Contractor John Strachota individually. Though Mr: Strachota is employed by Hammel, Green 6 Abrahamson, Inc., 2675 University Avenue, St. Paul, architectural and engineering contracts will not be made through Hammel, Green & Abrahamson, Inc. V. ESTIMATED PROJECT COST A more complete breakdown of the costs accompanies this application. Land $ 200,000 Building 8670800 Other 132,800 Total S 1,200,600 110 _ VI. BOND ISSUE A. Amount of Proposed Bond Issue Approximately $1,000,000 B. Proposed Date of Sale of Bond January 31, 1980 C. Length of Bond Issue and Proposed Maturities 28 year level debt service with monthly amortization of principal and interest (tax-exempt mortgage structure). D. Proposed Original Purchaser of Bonds National Farmers Union Insurance Company E. Name and Address of Suggested Trustee Not applicable F. an_Copy of y Agreement Between Applicant and Original urc aser ( Not applicable G. Describe any Interim Financing Sought or Available A separate construction loan will be arranged on a tax-exempt basis. A Buy-Sell Agreement will be executed between permanent lender and construction lender whereby the permanent lender will "Buy" the loan from the construction lender upon completion of construction and occupancy by tenants. H. Describe Nature and Amount of Any Permanent Financing n Addition to Bond Financing None VII. BUSINESS PROFILE A. Are you Located in the City of Eden Prairie? No B. Number of Employees in Eden Prairie r 1. Before this project l None 27 P 2. After this project ' Approximately 70 persons will be employed by the tenants occupying the facility. C. Approximate Annual Sales Not applicable. (A pro-forma statement of revenues and expenses of the project accompanies this application). D. Length of Time in Business Because the partnership was recently formed for the express purpose of developing and owning the project, the partnership does not have a business track record. The individual partners however, have substantial business experience in related areas. Please refer to the accompanying resumes for a description of the partners' backgrounds. E. Do you have Plants in Other Locations? SKS Properties has no interest in other buildings in other locations. The partners individually have interests in certain other residential investment real estate. F. Are you Engaged in International Trade? No VIII. OTHER INDUSTRIAL DEVELOPMENT PROJECT(S) A. List the name(s) and location(s) of other industrial development project(s) in which the Applicant is the owner or a "substantial user" of the facilities or a re atedperson" within the meaning of.Section 103 ) (6) of the Internal Revenue Code. None B. List all cities in which the Applicant has requested industrial revenue development financing. None C. Detail the status of an re uest the applicant has before any o er city VIM ustria development revenue financing The Applicant does not have any request before any other city for industrial development revenue financing. .27� p t D. List and cit in which the A licant has been refused f n ustria eve opment revenue financing. 4 None E. List any city (and the project name) where the Applicant gas acquired re imina a rova to roce but i�ich finalapproval authorizing t e financing has been enie None F. If A licant has been denied industrial develo nt revenue financin in anyotherr city as i enti iel in W or e , specity— the for the denial ang tNe—name(s) of appropriate city officia s who have of the transaction. Not applicable IX. NAMES AND ADDRESSES A. Underwriter This offering is a private placement whereby Dain Bosworth Inco orated (formerly Dain, Kalman & Quail Incorporate Dain Tower, Minneapolis, Minnesota, will act as investment banker and placement agent. B. Bond Counsel Verlane L. Endorf Dors , Winorst, Hannaford, Whitney & Halladay rst Nat odhnal Bank Building Minneapolis, Minnesota 55402 C. Corporate Counsel John Harper III Hadlick and Hoedeman P.A. 0 Dain Tower Minneapolis, Minnesota 55402 D. Accountant Gerald Benik C.P.A. Elmer, Fox Westheimer & Company 900 Xerxes Avenue South Suite 1800 Minneapolis, Minnesota 55431 Ron Brekken C.P.A. 7.321 Dupont Avenue South Richfield, Minnesota 55423 2�3 X. WHAT IS YOUR TARGET DATE FOR ' A. Construction Start 2/1/80 B. Construction Completion 8/1/80 XI. FOR FURTHER INFORMATION CONTACT Thomas R. Lohmann Assistant vice President Dain Bosworth Incorporated 100 Dain Tower Minneapolis, Minnesota 55402 (612)371-2896 The undersigned Applicant understands that the approval or disapproval by the City of Eden Prairie for Industrial Development bond financing does not expressly or impliedly constitute any approval, variance, or waiver of any provision or requirement relating to any zoning, building, or other rule or ordinance of the City of Eden Prairie, or any other law applicable to the property included in this project. SKS PROPERTIES BY Robert J. Strac ota Partner By errence E. Kin ston Partner Peter M. So Partner p Date -1 — 7 1 Z�y SII. ZONING - TO BE COMPLETED BY �M[E CITY PLANNING DEPARTMENT A. Property is Zoned B. Present Zoning (isa (is not) correct for the intended use C. Zoning application received on pr wnlcn is correct for the intended use. D. Variances Required City Planner— RESOLUTION NO. .1A ( RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL; AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS ( BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the City), as follows: SECTION 1 Recitals and Findings I.I. This Council has received a proposal that the city finance a proposed project under Minnesota Statutes, Chapter 474 (tile Act) , consisting of the acquisition of a parcel of land and construction and equipping thereon of an office and warehouse building and related facilities (the Project) by SKS Properties, a general partnership (the Borrower) , to be leased by the Borrower to various tenants. ( 1.2. At a public hearing, duly noticed and held on 1979, in accordance with the Act, on the proposal to ur-lerta o and finance the Project, all parties who appeared at th:.hearing were given an opportunity to express their views with r-,spect to the proposal to undertake and finance the Project. Based on such hearing and such other facts and circumstances as this Council deems relevant, this Council hereby finds, determines and declares as follows: (a) The welfare of the State of Minnesota requires active promotion, attraction, encouragement and development of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment, and the State has oncourag,d local govornnent units to act to prevent such econoMic .�tar- ioration._ (b) The Project would further the general hurpos.•:, contemplated and described in Section 474.01 of the Act. Cc) The existence of the Project would add tj the tax base of the City, Hennepin County and the Schonl in which the Project is located and would provide inereasQd opportunities for employment for residents of the City and surrounding area. 27�( (d) This Council has been advised by Dain Bosworth Incorporated, agent for the Borrower (the Agent), that conven- tional, commercial financing to pay the cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but that with th,2 aid of muni- cipal borrowing, and its resulting lower borrowing cost, the Project is economically more feasible. (e) This Council has also been advised by the Agent that on the basis of their discussions with potential buyers of tax-exempt bonds, revenue bonds of the City could be issued and sold upon favorable rates and terms to finance the Project. (f) The City is authorized by the Act to issue its revenue bonds to finance capiEal projects consistin,i of hrepertivti l used and useful in connection with a revctiuc producin3 cut.erprise, such as that of the Borrower, and the liorrowor rrprt::,.-nts to the. City that thu issuance of such uonas by tiu? city would i,c a substantial inducement to the Burrower to acuuirc ,nd con- struct 'the Project. SECTION 2 Preliminary Approval of Project { 2.1. On the basis of information given the City to date, it appears that it would be'in the best interest of Lhv City Lo issue its revenue bonds under the provisions of the Act ro finance the Project in an amount not exceeding $1,000,000. 2.2. It is hereby determined to proceed with the Project and its financing and the Project is hereby given preliminary approval by the City and the issuance of revenue bonds of the City (which may be in the form of a commercial development revenue note or notes) up to such amount is hereby approved, subject to the approval of the Project by the Commissioner of Securities, tkw fulfillment of such other conditions as the City may rvquir,� with respect to the issuance of its bonds in connection with the Project, and the mutual agreement of this Cour.,-il and -ho Borrower as Lo .L'c urt.iils o_` the bon.i is.;uv .....i for their payment. In all events, it is understood, howrvor, that the bonds of. the City shall not constitute :I ehar.le, lien or encumbrance, logal or aeluitablr, upon any rr l , rt City, eXccptLhe Protect, an.l each bons, wi.en, a:: an.i ii .ssuyd, shall recite in substance that the bond, inclu.lin.: thereon, is payable solely LroM the rcvenucs r,_!cci ,u 1rU;;1 Lliv Project and property plvdgeC, to t?ic . '... net censtituLc a .iCbL ur. Lho .:ity. t -2- 21 t 2.3. The form of the Application to the Commissioner of Securities, with attachments, is hereby approved, and the Mayor and City Manager are authorized to execute said docu- ments in behalf of the City. 2.4. In accordance with Section 474.10, Subdivision 7a of the Act, the Mayor, City Manager and Finance Director/Clerk are hereby authorized and directed to cause said Application to be submitted to the Commissioner of Securities for approval of the Project. The Mayor, City Manager, Finance Director/Clerk, City Attorney and other officers, employees and agents of the City are hereby authorized and directed to provide the Commissioner with any preliminary information the Commissioner may need for this purpose, and the City attorney is authorized to initiate and assist in the preparation of such documents as may be appro- priate to the Project, if it is approved by the Commissioner. SECTION 3 Genera 1 3.1. If the bonds are issued and sold, the City will entc:- into a lease, sale or loan agreement or similar agreement satisfying the requirements of the Act (the Revenue Agreement) with the Borrower. The lease rentals, installment sale pay- ments, loan payments or other amount* payable by the Borro,..:cr to the City under the Revenue Agreement shall be to pay the principal, interest and prepayment, promium, if any, on the bonds as and when the s,ime sha t 1. b"come .?u,• am, payable. 3.2 The adoption of this resolution does not constitute a guazan- tee or a firm co.amitment that the City will issue and sell tho bonds as requested by the Borrower. The City retains the right in its sole discretion to withdraw from participation, and accordingly not issue the bonds, should the City at any tifiio prior to the issuance thereof determine that it is in the best interest of the City not to issue the Bonds or should the parties to the transaction be unable to reach agreement as to the structuring of the financing or as to the torts and cundiLion, o: documents required for the transaction. 3.3 The Borrower has agreed and it is hereby dctcrmitnxi th:it any and all direct and indirect costs incurred by th.: Cis; in connection with this Project, whether or not the Proiect i:: carried to completion, and wh,2ther or nut approved b; th, Commissioner of Securities, and whether or :,ot the r:!" '. resolution authorizes the issuance ul LhQ uuf4s, i,t... L, ••• by the Borrower upon requinst. -3- 27$ • r I 3.4. The City will require the Borrower, if the bonds are issued and sold, to provide the information necessary to comply with tiic provisions of Minnesota Statutes, Section 474.01, Subdivision 8. Mayor Attest: Finance Director/Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted and was signed by the Mayor whose signature was attested by the Finance Director/Clerk. -4- 2'141 1-lhq To: Roger Uistad, City Manager From: Bet. Rick Rabenort P Subject: The Brothers Restaurants, Incorporated In - Saie Liquor License A"iication We have new completed the record checks and background investigation on the principles involved in the Brothers Restaurant application, for an On - Sale Liquor License.. As a result of our investigation, we have found no reason for our department to recommend denial of a liquor license for this establishment. During the investigation, we had the opportunity to visit the present businesses being operated by the Brothers Restaurants, Inc., and we found that they appear to be operated properly and without taw en- forcement related problems. The Brothers,Restaurants, Inc. operate several businesses with liquor licenses and/or aicohoi related licenses (3.2 or wine), and in talking with the respective law enforcement agencies. I have received favorable reports on the day to day operations of these businesses and no reports of liquor law violations. ..`�. T Tit I I I _ - ; �: -T--I•---I-- I- --�-T- -- I I 1 ! ---------------- ! =ter: ,rsa Tila�. . I ' s 'rituals , s3 %ell A fp oZ a APPROVED EXHt8lT THE WMTHEree aicvuc.�...a.• _ F (Please fill out in triplicate) FEE § APPLICATION NO. Code 303.61 INVESTIGATING FEE S�_ DATE RECEIVED Code 307.37 BY VILLAGE OF EDEN aRAIRIE 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 APPLICATION FOR ON-SALE OR SPECIAL CLUB INTOXICATING LIQUOR LICENSE License Period Ending June 30, 19 so. I, Fred Burstein as Chairman of the Board (Name of person making applicati—.-n-f 11ndividual owner, officer, or partner for and in behalf of The Brothers Restaurants, Incorporated (myself, names of partners, name *t corporation or association hereby submit this application for a on-Sale On-Sala or Special Club Intoxicating Liquor License for the The Brothers Deli Name of restaurant, hots or club Eden Prairie Shopping at Center • Street Address / t�� L SIGNATURE Of`PERSON'MAKIN A PLILATION //hairman of the Board TITLE November 12, 1979 DATE ZgZ VILLAGE OF EDEN PRAIRIE, MINNESOTA IN SUPPORT OF AN APPLICATION FOR ON-SALE OR SPECIAL CLUB INTOXICATING LIQUOR LICENSE PART II - personal Information Directions: This form must be filled out in duplicate with typewriter or by printing in ink by the sole owner, by each partner, by each officer, or director, by each manager, proprietor or other agent in charge of the premises, by each person wlto by combined ownership or control has an interest in a corporation or association in excess of 5%. Date: November 12, 1979 Burstein , Fred 1. True Name: last, first, middle) 8913 Minnehaha Circle South,i 612 935-5220 P 2. Residence Address: Number, Street, City, State honeNumber: Parkdale 3, Suite 300, 5354 Cedar Lake Rd. 612) 546-6562 b. e o 55416 Business Address: Number, Street, City, State 5. Phone Number: 6. Hennepin Minnesota March 9 1935 �1ace of Birth: City, County, State 7. Date of Birth Mo.,Day,Yr. 8. U.S. Citizen? Yes Naturalized? Yes ;f yes, give date and place: No No 9. If you have ever used or been known by a name or names other than the true name given in ail above, list such name(s) and in #1 above, list such name(s) and information concerning dates and places where used. Names Oates, Places and Circumstances None - 10. Marital Status: Single Widowed Separated Married y_ Divorced il. I -Married, true name, place and date of birth, S residence address of spouse: True Name: Harriette Pearl Burstein Place and date of birth: Bismarck North Dakota October 19, 1939 Residence Address: R913 Minna-ha`Minne-haba Circle c., t!h St 1,oni4 Park, MN 244 12. Are you a registered voter? Yes No If yes, where are you registered? St. Louis Park, MN Is your spouse a registered voter? Ye No If yes, where is spouse registered? St. Louis Park, MN 13. Address(es) at which you have lived during preceding ten years. (Begin with present or last address and work back.) No. and Street City and State Oates 8913 Minnehaha Circle So., St.Louis Park, MN 72 - to present 3237 Cavell Lane, St. Louis Park, MN 66 to 72 14. Address(es) at which your spouse has lived during preceding ten years. (Begin with present or last address and work back.) No and Street City and State Dates Same as # 13. 15. Kind, name and location of every business or occupation you have been engaged in during preceding ten years. (Begin with present or last address and work back.) Location: Street Address :nature of business Business or occupation City and State or occupation Attorney 5354 Cedar Lake Rd.,St.Louis Park,MN Law practice 1602 Midwest Plaza, Minneapolis, MN 2550 Dain Tower, Minneapolis, MN chairman, Boar 5354 Cedar Lake Rd.,St. Louis Park, MN Restaurants of Directors The Brothers Restaurants, incorporated 16. Kind, name and location of every business or occupation your spouse has been engaged in during the preceding ten years. (Begin with present or last one first and work back.) Locations Street Address Nature of business Business or occupation City and State or occupation Unemployed 2Yu -2- 17. games and addresses of your employers and partners, if any, for the preceding ten years. (Begin with present or last one first and work back.) Names: Employers or Partners Addresses: City ant+ State Dates None 18. dames and addresses of your spouse's employers and partners, if any, for the preceding ten years. (Begin with present or last one first and work back.) Names Employers or °artners Addresses: City and Stat^ Dates N/A 19. Have you, your spouse, or a parent, brother, sister or child of eittier of you, ever been convicted of n felony, crimp or violati-- of any ordinance, other than traffic? Yes I40 If yes, give information as to the time, place and offense for which convictirns were had. N/A 20. have you, your spouse, or a parent, brother, sister or child of either of you, ever been engaged as an employee or in operating a salmon, hotel, restaurant, cafe, tavern or ether business of a similar nature. Yes No If yes, give information as to the time place and length of time. see Addendum attached as Exhibit "A" •3- 2$� 21. Have you been in military service? Yes No/ R: If yes, was discharge(s) ever other than honorable? Yes No (Upon request, you may be required to exhibit all discharges.) 22. Names, residence address, business address, and telephone numbers of each person who is engaged in Minnesota in the business of selling, manufacturing or distributing intoxicating liquor and who is nearer of kin to you or your spouse than second cousin, whether of the whole or half blood, computed by the rules of civil law, or who is a brother-in- taw or sister-in-law of you or your spouse. 1. Full Name Sam Burstein Relationship Brother 3300 Gettysburg-Ave. So. Residence Address St. Louis Park, MN Phone 933-4038 5354 Cedar Lake Rd. Business Address Minneapolis, MN Phone 546-4505 _ 2. Full Name onard stein Relationship Br_ other et ys urg ve. o. Residence Address St.Louis Park, MN Phone 935-3998 5354 Cedar Lake Rd. Business Address Minneapolis, MN Phone 546-4505 3. Full Name Relationship Residence Address Phone Business Address Phone 23. Are you a manufacturer or wholesaler of intoxicating liquor or interested directly or indirectly in the ownership or operation of any such business? Yes No 24. Are you directly or indirectly interested in other establishments in the Village of Eden Prairie to which a license of the same kind has been issued? (Refer to City Code, Section 158.10, Subdivision 10 for definition of "interest".) Yes No 25. Are you the spouse of a person who would be ineligible for a license? (Refer City Code, Section 158.09, for persons ineligible for license.) Yes No 26. What is the amount of investment that you will have in the business, building, premises, fixtures, furniture, stock in trade, etc., and what was the source of such money? (You must be prepared to furnish proof of the source of such money.) A $500,000.00 allowance has been allocated by 14-ait Development Co., together with a loan obtained from the Marquette National Bank of Minneapolis in the amount of $115,000.00. A. 28� I 27. Have you had any interest in any previous int eating liquor license that was revoked, suspended or not renewed? Yes Ho If yes, explain in detail. 21`i. ave you ever individually, or with others, made aaplica n or an intoxicating liquor license and had such application denied? Yes 'io STATE OF Minnesota ) SS COUVY OF Hennepin ) red Burstein being first duly warn on his/her oath, desposes and says t at ha she is the person who has.exacuted a above' personal Information form and that the statements made tKer�n are rue of I his/her own knowledge and belief. dLt97 Signedi �Li` t NoyVemberSubscribed and sworn to before me this 12/ day�1'* aeon mouNs+r {[QC))ip' y ?u i�c NOPrARV�HBIIG•MIN SG3i 0 Notar , My commission expires 19_ i' 4 ADDENDUM TO APPLICATION FOR ON-SALE OR SPECIAL CLUB INTOXICATING LIQUOR LICENSE OF THE BROTHERS RESTAURANTS, INCORPORATED 20. Have you, your spouse, or a parent, brother, sister or child of either of you, ever been engaged as an employee or in operating a saloon, hotel, restaurant, cafe, tavern or other business of a similar nature. A. Yes. Those stores owned and operated by the Brothers Restaurants, Incorporated, engaged in the restaurant business and sale of intoxicating liquors are as follows: The Brothers Restaurant - HIGHLAND (Minnesota) - commenced business July 1, 1976 and has an on-sale license for wine and beer; The Brothers Restaurant - 50TH AND FRANCE (Minnesota) - commenced business August 1, 1976 and has an on sale license for the sale of 3.2 beer The Brothers Restaurant - BURNSVILLE (Minnesota) - commenced business December 1, 1977 and has an on-sale liquor license The Brothers Restaurant - MAPLEWOOD (Minnesota) - commenced business October, 1978 and has an on-sale liquor license The Brothers Restaurant - WEST ACRES SHOPPING CENTER, Fargo, North Dakota - commenced business November, 1979 and has an on-sale liquor license Exhibit W VILLAGE OF EDEN PRAIRIE, MINNESOTA F a. IN SUPPORT OF AN APPLICATION FOR ON-SALE OR SPECIAL CLUB INTOXICATING LIQUOR LICENSE PART II - personal Information Directions: This form must be filled out in duplicate with typewriter or by printing in ink by the sole owner, by each partner, by each officer, or director, by each manager, proprietor or other agent in charge. . of the premises, by each person who by combined ownership or control has an interest in a corporation or association in excess of 5%. 0ens November 12, 1979 1. True Name: last, rst, middle) 3300 Gettysburg Ave. South, St.Louis Park, MN 933-4038 2. Residence Address: Number, Street, City, State 3. Phone Number: 4. 5354 Cedar Lake Road, Minneapolis, IIN 55416 (612) 546-4505 business Address: Number, Street, City, State 5. Phone Number: 6. Minneapolis, Hennepin County, Minnesota June 26, 1921 °taco of Birth: City, County, State 7. Date of Birth Mo.,Oay,Yr. g� Yes U.S. Citizen? Yes Nature .zed? Yes If yes, give date and place: No No 9. if you have ever used or been known,by a name or names other an the true name given in #1 above, list such name(s) and in #1 above, list such name(s) and information concerning dates and places where used. Nis Dates, Places and Circumstances None 10. marital Status: Single Widowed Separated Married x_ Divorced / 11. t If Married, true name, place and date of birth, b residence address of spouses True Names Sophie Burstein Place and date of birth: Minneapolis, Minnesota June 13, 1921 Residence Address: 3300 Gettysbura Ave. So. St.Louis Park. IN icA t 12. Are you a registered voter? Yea No If yes, where are you registered? St. Louis Park, Minnesota Is your spouse a registered voter? Yes No If yes, where is spouse registered? St. Louis Park, Minnesota 13. Address(es) at which you have lived during preceding ten years. (Begin with present or last address and work back.) No. and Street City and State Dates 3300 Gettysburg Ave. So., St. Louis Park, MN 1974 to present 2931 Idaho Avenue South, St. Louis Park, MN 1947-1974 14. Address(es) at which your spouse has lived during preceding ten years. (Begin with present or last address ant1 work back.) No, and Street City and State Dates Same as #13 15. Kind, name and location of every business or occupation you have been engaged in during preceding ten years. (Begin with present or last address and work back.) Location: Street Address Nature of business Business or occupation City and State or occupation Senior Vice President, The Brothers Restaurants, Inc., 5354 Cedar Lake Road, Minneapolis, Minnesota 55416 1959 to present (Said business was previously located at 715 Florida Avenue South, St. Louis Park, MN, until April, 1979.) 16. Kind, name and location of every business or occupation your spouse has been engaged in during the preceding ten years. (Begin with present or last one first and work back.) Location: Street Address Nature of business Business or occupation City and State or occupation Unemployed 2Q 17. games and addresses of your employers and partners, if any, for the preceding ten years. (Begin with present or last one first and work back.) Names: Employers or Partners Addresses: City and Statc pates The Brothers Restaurants, 5354 Cedar Lake .Rd. -- Minneapolis, Minnesota 55416 1947 to present 13. Names and addresses of your spouse's employers and partners, if any, for the preceding ten years. (Begin with present or last one first and work back.) Names: Employers or °artners Addresses: City and State Oates None 19. have you, your spouse, or a parent, brother, sister or child of Wittier of you, ever been convicted of felony, crime or vinlati-- of an; ordinance, ether than traffic? Yes n If yes, give information as to the time, place and offense for which convictions were had. 20. have you, your spouse, or a parent, brother, sister or child of either of you, ever been engaged as an employee or in operating a sal-on, hotel, restaurant, cafe, tavern or other business of a similar nature. Yes r10 If yes, give information as to the time place and length of time. See Addendum attached as Exhibit "A". .3- 291 21. Have you been in military service? Ye No If yes, was discharge(s) ever other t n honorable? (upon request, you may be required to exhibit all discharges.) 22. eachasn business address, and sn�lrs ,f each person engagedinMinnesota in the busines Ofseiing manufacturing or distributing intoxicating liquor and who is nearer of kin to you or computed byb sthethan rules ofsecond civililaw,,orhewho is the b otther brother-in- law ole or halfblood, comPu Y law or sister-in-law of you or your spouse. 1. Ful1 NameFred Burstein Relationship Brother - 8913 Minnehaha Circle So. Phone 935-020 Residence Address$t,T^l^Q Park, MN 5354 Cedar Lake Road Phone 546-6561 Business AddressMinneapolis, MN - 2. Full Name rd Burstein Relationship Brother 3 e ys urg ve• 00. 935-3998 5 Residence Address St.Louis Park, MN Phone 354 ce ar Lake Ra. 546-4505 Business Address Minneapolis, MN Phone 3. Full Name Relationship Residence Address Phone - Business Address Phone or 29. Are directlyaor indirectly in turer or tfihe esaler of ownersh p ortoperatioonn of any suchnb business? Yes O 24. Are you directly or indirectly interested in other establishments in the Village of Eden Prairie to which a license of the same kind has been issued? (Refer to City Code,-1 Section 158.10, Subdivision 10 for definition of "interest".) Yes /No 25. Are you the spouse of a person who would be ineligible for a license? (Refer to.City Code, Section 158.09, for persons ineligible for license.) Yes ( too ) 26. What is the amount of investment that you will have in the business, building, premises, fixtures, furniture, stock in trade, etc., and what was the source of such money? (You must be prepared to furnish proof of the source of such money.) A $500,000.00 allowance has been allocated by Homart Development Co., together with a loan obtained from the Marquette National Bank of Minneapolis in the amount of $115,000.00. .4- 29 2 ( 27. Have you had any interest in any previous int�icatinq liquor license that was revoked, suspended or not renewed? Yes Mo If yes, explain in detail. 20. Have you ever individually, or with others, made a:iplicatian for an ntox cat ng liquor license and had such application de.iied? Yes 't STATE OF Minnesota COUNTY OF Hennepin SS Sam Burstein being first duly sworn.upon his/her oath, desposes and says that he/she is the person who has executed the above °ersonal Information form and that the statements made rein are true of t his/her own knowledge and belief. signed: llll�/(lad-Cl�'� Subscribed and sworn to before me this day of �_ 79 LL1AMS •��p�ayp..unna .. Notary Pub li My commission expires 19 •5- 29� ADDENDUM TO APPLICATION FOR ON-SALE OR SPECIAL CLUB INTOXICATING LIQUOR LICENSE OF THE BROTHERS RESTAURANTS, INCORPORATED t t t t t ae t tt t t t t t t t t t t t t t t t t t t t t 20. Have you, your spouse, or a parent, brother, sister or child of either of you, ever been engaged as an employee or in operating a saloon, hotel, restaurant, cafe, tavern or other business of a similar nature. A. yes. Those stores owned and operated by the Brothers Restaurants, Incorporated, engaged in the restaurant business and sale of intoxicating liquors are as follows: The Brothers Restaurant - HIGHLAND (Minnesota) - commenced business July 1, 1976 and has an on-sale license for wine and beer, The Brothers Restaurant - 50TH AND FRANCE (Minnesota) - commenced business August 1, 1976 and has an on sale license for the sale of 3.2 beer The Brothers Restaurant - BURNSVILLE (Minnesota) - commenced business December 1, 1977 and has an on-sale liquor license The Brothers Restaurant - MAPLEWOOD (Minnesota) - commenced business October, 1978 and has an on-sale liquor license The Brothers Restaurant - WEST ACRES SHOPPING CENTER, Fargo, North Dakota - commenced business November, 1979 and has an on-sale liquor license Exhibit *A* 29q VILLAGE OF EDEN PRAIRIE, 14INNESOTA IN SUPPORT OF AN APPLICATION FOR ON-SALE OR SPECIAL CLUB INTOXICATING LIQUOR LICENSE PART II - Personal Information Oirectionss This form must be filled out in duplicate with typewriter or by printing in ink by the sate owner, by each partner, by each officer, or director, by each manager, proprietor or other agent in charge of the premises,by each person who by combined ownership or control has an interest in a corporation or association in excess of 5%. Dates November 12, 1979 Leonard Burstein 1. rue Names last, Virst, m dd e 3325 Gettysburg Ave. So., St. Louis Park, MN 935-3998 2. Residence Address: tNumber, Street, City, State 3. Phone Number: Parkdale 3, Suite 302 Is. 5354 Cedar Lake Rd. Minneapolis, 55416 546-4505 usiness Addresss Number, Street, City, State Phone Number: 6. Minneapolis, Hennepin County, Minnesota August 12, 1924 °lace of Birth—:— City, County, State 1. Date o 8irth Mo.,Day,Yr. E, Yes U.S. itizen? Yes Nature za ? Yes I yes, g ve ate and place: No No 9. If you have ever used or beenknown-by a name or names other than the true name given in #1 above, list such name(s) and in N1 above, list such name(s) and information concerning dates and places where used. Names — Oates, Places and Circumstances None 10. Marital Status: Single Widowed petaled Married X Divorced J 11. lIf Married, true name, p ace and date of birth, S residence address of spouses True Name: Eleanore Sybil Burstein Place and date of births Minneapolis, Hennepin County, Minn. 3/18/25 Residence Addresss 3325 Gettysburg Ave So., St. Louis Park, MN 20! 17. Names and addresses of your employers and partners, if any, for the preceding ten years. (Begin with present or last one first and work back.) Names: Employers or Partners Addresses: City and State_ Oates The Brothers Restaurants, Inc., 5354 Cedar Lake Rd., Minneapolis 1945 to present 18. Names and addresses of your spouse's employers and partners, if any, for the preceding ten years. (Begin with present or last one first and work back.) Names: Employers or °artners Addresses: City and Stag (fates None 19. Nave you, your spouses or a parent, brother, sister or child of either of you, ever been convicted of any felony, crime nr vinlati­ of any ordinrncc, other than traffic? Yes N If yes, give information as to the time, place and offense for which convicti^ns were had. 20. have you, your spouse, or a parent, brother, sister or child of either of you, ever been engaged as an employee or in operating a saln". hotel, restaurant, cafe, tavern or other business of a similar nature. Yes No If yes, give information as to the time place and length of time. See Addendum attached as Exhibit "A" -3- 24� 12. Are you a registered voter? Yes No If yes, where are you registered? St. Louis Park, Minnesota Is your spouse a registered voter? Yes o If yes, where is spouse registered? St. Louis Park, Minnesota 13. Address(es) at which you have lived during preceding ten years. (Begin with present or last address and work back.) No. and Street City and State Dates 3325 Gettysburg Ave. So., St. Louis Park, MN From 1962 to present 14. Address(es) at which your spouse has lived during preceding ten years. (Begin with present or last address and work back.) No, and Street City and State Dates Same as #13 15. Kind, name and location of every business or occupation you have been engaged in during preceding ten years. (Begin with present or last address and work back.) Locations Street Address Nature of business Business or occupation City and State or occupation Vice Chairman, The Brothers Restaurants, Inc., 5354 Cedar Lake Rd., Minneapolis, Minnesota 55416 1945 to present (Said business was previously located at 715 Florida Ave. So., St. Louis Park, MN, until April, 1979. 16. Kind, name and location of every business or occupation your spouse has been engaged in during the preceding ten years. (Begin with present or last one first and work back.) Locations Street Address Nature of business Business or occupation City and State or occupation Unemployed -2- 2 R7 s 27. Have you had any interest in any previous intp+ eating liquor license that was revoked, suspended or not renewed? yes M If yes, explain in detail. 1 20. Have you ever individuallys or with others, rode a;)plicatj for an intoxicet n9 liquor license and had such application dcaied? Yes STATC OF Minnesota ) SS COUNTY OF Hennepin ) Leonard Burstein being first duly sworn upon his/her oath, desposes and says that he/she is the person who has executed'the above Personal Information form and that the statemen4mad, ein arelrue of his/her own knowledge and belief. Signed• %�!Subscribed and sworn to before me this ay �f 19 79. nn Notary ?ubl ic�° Q�tdn *A .,,,�..ar wow saa a �••: My commission expio+rs 19_ l 247 21. Have you been in military service? Ye No If yes, was discharge(s) ever other than honorable? Yes No (Upon request, you may be required to exhibit all discharges.) 22. Names, residence address, business address, and telephone numbers of each person who is engaged in Minnesota in the business of selling, manufacturing or distributing intoxicating liquor and who is nearer of kin to you or your spouse than second cousin, whether of the whole or half blood, computed by the rules of civil taw, or who is a brother-in- taw or sister-in-law of you or your spouse. i. Full Name Fred Burstein -Relationship Brother 8913 Minnehaha Circle So. Residence Address St. Louis Park, MN Phone 935-5220 SM Cedar Lae Business Address Minneapolis, MN Phone 546.-6561 2. FulI Name Sam Burstein Relationship Brother jjuu GettysburgAve. o. Residence Address St. Louis Park, MN Phone 933-4038 5354 Cedar LaKe • Business Address Minneapolis, MN Phone 546-4505 3. Full Name Relationship Residence Address Phone Business Address Phone 23. Are you a manufacturer or wholesaler of intoxicating liquor or interested directly or indirectly in the ownership or operation of any such business? Yes 24. Are you directly or indirectly interested in other establishments in the Village of Eden Prairie to which a license of the same kind has been issued? (Refer to City Codes,Section 158.100 Subdivision 10 for definition of "interest".) Yes 25. Are you the spouse of a person who would be ineligible for a license? (Refer t ity Code, Section 158.090 for persons ineligible for license.) Yes No� 26. What is the amount of investment that ynu will have in the business, building, premises, fixtures, furniture, stock in trade, etc., and what was the source of such money? (You must be prepared to furnish proof of the source of such _ money.) A $500,000 allowance has been allocated by flomart Development Co., together with a loan obtained from the Marquette National Bank of Minneapolis in the amount of $115,000.00. -4- 299 ADDENDUM TO APPLICATION FOR ON-SALE OR SPECIAL CLUB INTOXICATING LIQUOR LICENSE OF THE BROTHERS RESTAURANTS, INCORPORATED # ! t ! ! t t ! * ! t • t • t t t t * t : t t * t t t 20. Have you, your spouse, or a parent, brother, sister or child of either of you, ever been engaged as an employee or in operating a saloon, hotel, restaurant, cafe, tavern or other business of a similar nature. A. Yes. Those stores owned and operated by the Brothers Restaurants, Incorporated, engaged in the restaurant business and sale of intoxicating liquors are as follows: The Brothers Restaurant - HIGHLAND (Minnesota) - commenced business July 1, 1976 and has an on-sale license for wine and beer; The Brothers Restaurant - 50TH AND FRANCE (Minnesota) - commenced business August 1, 1976 and has an on sale license for the sale of 3.2 beer The Brothers Restaurant - BURNSVILLE (Minnesota) - commenced business December 1, 1977 and has an on-sale liquor license The Brothers Restaurant - MAPLEWOOD (Minnesota) - commenced business October, 1978 and has an on-sale liquor license The Brothers Restaurant - WEST ACRES SHOPPING CENTER, Fargo, North Dakota - commenced business November, 1979 and has an on-sale liquor license Exhibit "A• January 18, 1980 TO: Roger Ulstad / FROM: Keith Walt 1( SUBJECT: Suburban Police Recruitment System We have given further consideration to the Joint Powers Agreement for the SPRS and as a result would prefer delaying any decision to participate for a few months. The agreement allows us to apply for membership at some future date, therefore we would have an opportunity to seek answers to some questions of concern to us. MEMORANDUM TO: MAYOR AND CITY COUNCIL THROUGH: ROGER ULSTAD, CITY MANAGER FROM: ROGER A. PAULY, CITY ATTORNEY DATE: JANUARY 10, 1980 At the meeting of the Council on January 8, 1980, 1 was - - - requested to review a proposed Joint and Cooperative Agreement - Suburban Police Recruitment System ("System"), hereinafter the "Agreement". The Agreement provides for the establishment of a Board of Directors of the Suburban Police Recruitment System (Board). The purposes of the Board are to be found in Sections I and VI of ( the Agreement. These are to establish and operate a cooperative recruitment and placement system for police officer positions in the participating communities. The Board will also establish and operate uniform testing and evaluation procedures for police positions. The Agreement, for the most part, spells out procedural details relative to membership, composition and operation of the Board, Executive Committee and Officers. These are normal and usual provisions for an agreement of this type. Provisions of the Agreement which may be of particular interest are as follows: 1. A community which has participated in the Suburban Police Personnel Selection Standards Project (in which the City has participated) may become a member of the System prior to February 1, 1980 by executing and filing a copy of the Agreement together with a copy of the Resolution of the City Council authorizing N,2 -1- e a execution of the Agreement. The Agreement becomes effective when it has been executed and filed by 10 eligible suburban municipalities. After February 1, 1980, municipalities may join only upon a favorable vote of 51% of the total membership of the Board. 2. Each member is entitled to appoint one director to the Board who shall have one vote. In his absence an alternate may cote. 3. Paragraph VI, Section 3, authorizes the Board to establish and collect membership dues, charges for services to members and non-members as well as charges for service to applicants for employment. Apparently no specific fee schedule has been determined at this time. 6. Paragraph IX, Section 2, requires the Board to adopt an annual budget in August of each year which will be mailed to the administrative officer of each member municipality. The budget will be deemed approved by a municipality unless prior to November 15th of that year a member gives written notice that it is withdrawing for the following year. 5. Paragraph XI, Section 1, provides that a member may withdraw upon 30 days written notice to the Board. However, Section 2 provides that the withdrawal of a member shall not affect that member's obligation to pay fees or charges for which it may be obligated under the Agreement. Although the Agreement does not state specifically, it appears that a member will be financially obligated from year to year, at least for its propor- tionate share of the budget for its calendar year, unless notice of withdrawal is given prior to the November 15th preceeding any such year. 3U3 -2- 6. Finally, Paragraph XII, Section 3, provides that upon dissolution, any net deficits are to be charged to and paid by the members in equal proportions. Inquiry was also made regarding relevant state law. Minnesota Statutes, Chapter 626.84 (PEACH OFFICER TRAINING) sets forth requirements concerning the training, testing and hiring of peace officers. The statute authorizes the Minnesota Board of Peace Officer Standards and Training (the Board) to certify - training schools, programs and courses; minimum courses of study for certified peace officer training schools; minimum qualifications for instructors; minimum standards of physical, mental and educational fitness governing recruitment and licensing of peace officers; minimum standards of conduct affect- ing the performance of individuals in their duties as peace r officers; and minimum basic training for temporary and part-time peace officers. The statute does not set forth any of the standards to be used by the Board but requires that rules be adopted with respect to all these matters. In addition, Minnesota Statutes, Chapter 214.10 sets forth the procedures to be used in receiving, investigating and resolving complaints alleging a violation of statute or rule which the Board is empowered to enforce. C x`s e�:w; P'_ ."Son, cngbem & Pe erson 141F Ike,23 t/tt,,`(� 7 t:.:rnest•Gl,s.eA,,�neS�:Fr°�.0: Mi-ZP C%l {jUt� 197! 16121338.6743 .�•- , -e- rr•, June 21, 1977 ,—'?'R t*K1W—1972 Raa^S Ewa•.:• &;ate 5-;, "rar.Vs X Helgesen LV A•wrss;,jowl * i W. Harlan Perbix, Esq. Attorney at Law a 17 Tenth Avenue South ' Hopkins, M1 55343 P.£: Condon-Naegele Realty Dear Harlan: I received your letter of the 20th enclosing a Warranty Deed and diagram relative to certain right-of-way which is to be sold by Condon-Naegele Realty to the City of Eden Prairie for construction of a ramp to Highway R1E9. In reviewing my file, I find that this matter is covered at paragraph 1 d (ii) of the rezoning Agzee:aent dated July 27, 1976, and in a separate Letter Agreement of that same date from Con- dor.-Naegele Realty to the City Council of the City of Eden Prairie. You will note that the third paragraph of that letter refers to certain other matters relating to sign locations, and I am wondering as to now you intend to handle those matters. }° I would also be interested to know the present market value for tax purposes of / ur the property covered b t` pro� Y Y the Proposed tiazzanty Deed. Very truly yours, PETERSON, ENG3ERG & PETERSON a Richa?G. !-Ve-pin, Jr. cc: Steven G. Loe Rnbert O. Naegele, Jr. Richard F. Condon David P. Honer 1 . y J es t ; t ' 1�f July 27, 1976 City Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 'Ladies and Gentlemen: The purpose of this letter is to inform the -Council of the intentions of Condo:Naegele Realty Company (the "Partnership") and Naegele outdoor Advertising Company of the Twin Cities, Inc. (the "Company") with respect to certain matters involving a parcel of real estate owned by the Partnership which is east of Highway No. 169 and Interstate No. 494 in Eden Prairie. As you are aware, the Company leases six (6) locations from the Partnership for outdoor advertising signs. Two (2) of these locations are 'on a 66 acre parcel of the real estate which is currently the subject of an application to rezone to C Regional Service. The Re-zoning Agreement between the City and the Partnership, dated July 27, 1976, requires, at Paragraph 1 B, the removal of those two (2) signs. The Re-zoning Agreement further provides at Paragraph 1 D(ii) that the City will purchase certain portions of the real estate from the Partnership, when, and as needed, for freeway ramps and collector/distributor road.. The Company has agreed with the Partnership to remove the two (2) signs when required and to enter into certain agreements with the Partnership to enable it to sell such portions of the property to the City at a price equivalent to its present market valuation for tax purposes, on the condition that the City issues permits to the Company for the erection and maintenance of advertising signs on four (4) locations on the Partnership's remaining property, as shown on the map to be presented with this letter. The result would be that the Company would have four (4) locations on the Partnership's property rather than six (6) as.at present. ,V Y u l City Council Page 2 July 27, 1976 If the foregoing letter of intent is acceptable to the City, please execute the copy of this letter where provided below and return to the undersigned. 1 Very truly yours, Condon-Naegele Realty Company 1 Partner �. ,Accepted this 3 day of CT1976. Ci of Eden Prairie By . F i' F i V t` f July 27, 1976 City Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 ' Ladies and Gentlemen: As you know, Condon-Naegele Realty Company owns certain real estate east of Highway No. 169 and north of. Interstate No. 494. In connection with our application to zone approximately 66 acres of that real estate, we have submitted development plans showing approximately 32 acres reserved for public use. It is our intention to donate to the City those 32 acres. The only conditions of the donation are as follows: 1. That the timing of the actual delivery of title be at the discretion of Condon-Naegele Realty Company, but no later than the issuance of building permits; and • 2, That Condon-Naegele Realty Company be given a credit for that land included in the 32 acres which is not in the d floodplain and would be suitable for development, at the rate of current market value as assessed for tax purposes, against the park fee due the city under your ordinance in connection with the zoning application referred to above. If the foregoing letter of intent is acceptable to the City, please execute the copy of this letter where provided below and return to the undersigned. Very truly yours, Condon-Naegele Realty Company Partner Accepted this :�W day of fiUquSt gyp, 1976. City of Eden Prairie By , is 308 • i{{ � I t RE - Z ON I N G AG RE E ]] E14 T TIiIs AGRUE?E;t]T, ,fade and entered into in triplicate, this ' 27th day of July, 1976, by and between CONDO:]-NAEGELE REALTY COMPANY, a Hinnesota partnership, hereinafter called "Owners% E and the CITY OF EDEN PRAIRIE, a municipal corporation of the !! ' State of Minnesota, hereinafter called "City". WITRESSETH: W!]EP.EA:i, Owners have requested the City Council of the City of Eden Prairie ("City Council") to change the zoning of a tract of land from Industrial Park I-5 to C Regional Service and Public ( for an area consisting of approxinately 66 acres in accordance with its Planned Unit Development concept plan and developmental plan, and which tract of land is legally described as more fully set forth on Exhibit A which is attached hereto and nade a part hereof ("Property"); and ;n]-p, AS, Owners further agree as a part of said request to lay out, plat, develop, and maintain the Property in accordance with the revised development plan dated June 24, 1976, prepared by the Eden Prairie City staff; this J,ine 24, 1976 plan is based upon the City of Eden Prairie's policies, ordinances and procedures set forth in t'ie MCA Plan Steport July , 1973, and Flood,31ain Ordinance #276, and Zoning Ordinance #135; and the revised June 24, 1976, Plan is based upon the documents prepared by Brauer i �f I' Associates entitled: 1). Condontlaegele Realty Company A Planned Unit Develop.--tent; 2). Environmental Assessment; and 3). Supplemental Data Revised Plan dated December 8, 1975 which AZe 304 } i r marked Exhibits B, C, D, E and F and are attached hereto and made a part hereof; and f :WHEREAS, the City Council believes that the rezoning of the Property to C Regional Service and Public will be in the public +j interest and consistent with the welfare and convenience of the people of the City; and ff M ' imF.REAS, at its regular meeting of February 3, "T976, the City Council passed a motion adopting Resolution No. 1086 granting PUD Concept approval for the Property, giving a first reading to Ordinance No. 317 approving the rezoning of the 1" Property to C Regional Service, and directing the City Attorney to draft a rezoning agreement, NMI, THEREFORE, This Agreenent witnesseth, that for and in E ', consideration of the City Council adopting an Ordinance changing the zoning of the Property from Industrial to C Regional Service and Public, and of the mutual benefits to each of the parties hereto, the parties, their respective successors and assigns, do st hereby covenant and agree as follows: is 1. Owners agree to develop the Property in accordance with the revised plan dated June 24, 1976 and attached hereto as Exhibit E ' i 'r submitted to the City subject to the following conditions: A. Time Limit. Unless application for a building perriit for construction on a site within the Property is made within two years from the date of the final aioption of the ordinance rezoning the Property, the City Council nay review its action of rezoning the Property to determine whether the concept and developmental plans of the Owners are still con- sistent with the develop-,.-tent plans of the City. In the event that they are not, the Property will retain time zoning of C 11agional Service but the lhrners will be required to submit new PUD concept and developmental plans. -2- B. A.lvertising Signs. That upon the issuance of a building permit for a site on•the Property as set out on Exhibit A, any outdoor advertising sign which then exists on said site must be removed. C. Site and Landscaping Plan. That the following guidelines be used for the specific site development plans for the Property: (i) To use a combination of visual screens to buffer the auto storage areas visible from I-494. (ii) To include within the parking lot and new and used car storage areas canopy trees. to reduce the visual inpact of the parking areas. (iii)_To provide a landscape treatment along the access roads that will soften the road embankment. , Planting of trees and shrub material along the road shall be the responsibility of the flamers, and should be integrated with a talk-bike path to be built and maintained by the City along Smetana Lake. The intent of the landscaping is to visually screen and soften the view of the auto storage and parking areas as viewed from across S:aetana Lake_ (iv) Exhibit E illustrates buildings located close- to I-494 on sites 1 and 2 so as to provide a partial screen of the auto storage and/or parking for the commercial sites. If auto dealerships are developed on sites 1 and 2, the site design should emphasize vie%ln from I-494 at new and/or used car display areas. The intent is to provide highly visible areas where selected automobiles will be displayed in a special setting apart from the total auto- mobile inventory. T'nese display areas are intended to provide a partial screen or visual transition between ti-le parking and/or auto storage/inventory as viewed from I-494. (v) Exhibit L illustrates site 3 for use as an office or freestanding regional service commercial site. '.%e site would be restricted from use as an auto dealership because of -3- 311 i size, shape and relationship to Smetana � ! F Lake and the wooded ravine on the east l side of the site. Buildings should orient towards Smetana Lake and/or the eastern ravine which may require special construction design allowing cantilever- ing the building over the slope and flood- plain in order to take advantage of the site's unique character. Parking should be between I-494 and the building/s with a partial landscaped buffer to soften parking area views from I-494. (vi) Site 1 as illustrated on Exhibit E provides for automobile display area/s along Schooner Boulevard in order to ,', encourage display of selected new or used automobiles in a special setting apart ►' from the total automobile inventory. The display areas also provide a useful visual buffer from the parking and/or auto storage areas as viewed from Schooner Boulevard. The remaining buffer/setbacks along Schooner Boulevard should be of adequate dimension to permit landscaping consistent with City Ordinances. (vii) Exhibit E illustrates an Owner constructed access street between Smetana Lake and sites 1 and 2. The street shall be built to City standards and dedicated to the City. The street will provide the total access needs for sites 1, 2 and 3. As the street will be completely for the use of 3 sites, reduced screening and/or setback requirements will be appropriate between sites 1 and 2 and the street. D. Right-of-flay Dedication. (i) The right-of-way for an extension of Schooner Boulevard, the East-West access road and Valley View Road extension shown on the Property in the revised site plan shall be dedicated at no cost to the City in the plat of the Property, as shown on Exhibit E. (ii) The land, on the Property and adjacent property owned by Owners, needed for the I-494 freeway ramps and collector/distributor road, is to be purchased by the City, when, and as needed. -1- E. Buildin De�sig� Building design shall be generally , as set forth in the original submission of the owners. Due to the location of the building and the importance of their appearance, brick or similar quality exterior material will be required. F. Pedestrian S sr tem. Development of 3 C-Regional Commerc al sites should provide for pedestrian/bike pathway connecting the parcels to each other and Schooner Boulevard. The walk/bike system shall be constructed by the Owners. The location of the pathway shall be determined by the City and Owner so as to best serve the land uses and the City's needs for non-motorized transportation systems. G. Identification Signs. Sites an 2 Automobile Dealerships- The signage plan as specified in Exhibit E1 will permit one (1) pylon 24 feet in height above the grade level of I-494 to identify both sites from I-494. Also, each building would be allowed wall mounted signage as shown in Exhibits B, C and D. One joint sign at the intersection of Schooner Boulevard and the access street may identify the business on the three sites. Such sign shall be oriented to Schooner Boulevard traffic and should be primarily a directional purpose. All other provisions of the City Sign Ordinance shall apply thereby restricting use of balloons, banners, flashing signs, etc. If sites 3 and 1 and 2 are developed other than automobile dealerships, these sites shall be subject to the provisions of the City Sign Ordinance and the intent of the CNR Plan Exhibit. H. Grading and Drainage Plans. Grading and drainage, including run-off during construction, shall be done in accordance with the plans on file herein and made a part hereof and meeting the requirements of Nine- Mile watershed District. I. Floodplain Encroachment. Prior to commencing construction o roads and installation of utilities, detailed grading and drainage plans shall be furnished to the City, which plans are to be consistent with the intent of the project. J. Access Roads. Owners will, in addition to dedicating the land,__construct at their own cost and expense, one-half (two lanes) of Schooner Boulevard from the north perimeter of the Property to the East-West access road, said half to be in accordance with the standards determined by the City Engineering Department for said road. . 313 i K. New Construction Planti qs. That treatment be ven g to t e North side of—the access road to be built on said site which access road is in or near the flood plain, in such manner that it be made to look as natural as possible through contours and/or landscaping of a size and type to partially screen the auto storage/parking areas of sites 1 and 2 when viewed from across Smetana Lake. 2. That all sanitary sewer, water main and storm sewer facilities, concrete curb and gutter and bituminous surfacing, whether to be public or private, shall be designed to City Standards by a Registered Professional Civil Engineer and submitted to the City Engineer for approval. The Owners, through their engineer, shall provide for competent daily inspection of all street and utility construction, both public and private. Asbuilt drawings with service and valve ties on reproducable mylar and certificates of completion and compliance with specifications shall also be delivered to the City Engineer. The owners also agree to pay all fees for City Engineering and administrative services consistent with current City requirements. 3. City and Property Owners agree: A. That the Owners shall comply with all applicable rules, regulations, ordinances and laws of the City of Eden Prairie. B. That the provisions of this Agreement shall be binding upon and enforceable against Owners, their successors and assigns, and all subsequent owners, their respective heirs, successors and assigns, of the property herein described. t 31a C. That an executed copy of this Agreement shall be recorded with the Register of Deeds or the Regis- trar of Titles for the County of Hennepin and State of Minnesota. D. That the Owners' agreement at paragraphs 1 D (i) and 1 J herein with respect to Schooner 1 Boulevard shall be reflected in adequate and reasonable credits against the assessments levied }' upon the Property and the Owners' adjacent property " for Schooner Boulevard. ' IN WITNESS WHEREOF, the parties to this Agreement have caused their presents to be executed the day and year aforesaid, CITY OF EDER PRAIRIE, a municipal 1 corporation of the State of Minnesota By: Wdlfy Fenzel, aavor 1 and By: D. zane, City Clerk COYDO:d-I GELE REALTY COISPANY. Partner STATE OF :1INNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrw•nent was acknowledged before me this day of 1976, by !•'olfgang Penzel, :favor and John D. Frane, Clerk of the Citv of Eden Prairie, a municipal corporation under the laws of t'Ie State of :tinnesota, on behalf of the corporation. Notary Public STATE OF MI'NNESOTA) ) ss. CODUTY OF Ham`NEPIN) iIc foregoiny instrwl�nt ras ac:.no.alt�dye�l b.�Sur` nc thin! of a�y , 1476, by ,�r/A/�L C�.G��it/ , a partner of Condon-. aegele Realty Company, a Minnesota partnership, on behalf of the partnership. / jar �i ru�u�._ •_ � Notary P c • LSON —7— NENNEPIN CW_•:JIY a CC "'•M1n:-•+n Ea��K Gt 20.1978 t J�J TM�fT1��ee�rr7flrr�+Ft7+►ttrtt�i'M+Tix. NN - tom;' �, a �' =:• 1 � f �•,.:„; '�; r �,:.��_�•:-. .. _' 1, i� 4 ' -�� i` �:..j. ;�.Jam;••; S{ r✓. f i• 1 r .} 1`t'• / 13 1 •4': + 1 .. `•.. .� � Jam" . ri,i:F .. .. _ • .. 'l.11.� .•. 1 Minutes -3- July 8, 1975 II. REPORTS OF OFFICERS, BOARDS AND COM-IISSIONS (Contd.) B. Report of Director of Community Services �. 1. Cor.n:trication from State Planning, concerning fundi.n-: Iancr-for sale at Bryant Eake. Director of Community Services Jessen explained the City had received approval to transfer funds for Parcel 1 to Parcel 7 and they will be receiving written confirmation soon. Also, requested that the City secure appraisals on Parcels 7 and. S. The appraisals would cost about $3 00 each. Penzel moved to authorize the staff to secure , appraisals on Parcels 7 and 8 upon receipt of the communication for trans2w of funds. Meyers seconded. Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. 2. Com-n-unication from i'etr000litan Council concernir,_ Tuid7r,—horse aL--kn erson a es Fir .. Director Jessen explained the City has the money to acquire Blacklock property and M'r. Nethercut of the 1•1etro Council suggested the City proceed to acquire the property. Meyers moved to authorize staff to secure appraisal on Blackloc:c property and proceed to negotiate to purchase the property, Penzel seconded. Bye, I'eyers, Pauly, Penzel and I;ayor Osterholt voted"aye°, motion carried unanimously. Penzel moved to instruct staff to secure appraisal and enter into negotiation regarding the potential acquisition of the Osberg property and to secure two appraisals - one for the homestead and the other for a 50 foot strip along the lake, 1,'.ayor Osterholt seconded. Bye, 1'eyers, Pauly, Penzel and Iisyor• Osterholt voted "aye", motion carried unanimously. C. Report of Citv Eanar_,er� 1. Homart Directional Sigi 2, Resolution 1014. Messrs. Joseph Sahli and Jim Karunbelad of HOMir't presented their request to the Cot!ncil statin7 the signs are to direct traffic and are temporary and are int:need to fro! usin7 N 5 the route to Homart because of possible trctiiic hazards. t Bye moved to adopt Resolution No. 1014 as amended, Penzel seconded. Bye, lfeyers, Pauly., Penzel and tlayor Osterholt voted "aye", motion carried unanimously. 31�7 -�tn- CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO.&I i A RESOLUTION APPROVING TEMPORARY SIGNS FOR EDEN PRAIRIE SHOPPING CENTER. WHEREAS, Homart Development Company has contstructed a shopping center to be known as the Eden Prairie Shopping Center near U.S. Highway #494 and State Highway #169, and WHEREAS, said center is scheduled for opening August 1, 1975, and WHEREAS, there has teen planned numerous road improve- ments to enter said center and the adjoining major center C areas, and WHEREAS, many of the improvements have not been complete_i making access to said center difficult, and WHEREAS, directional signs are required to aid the public in reaching said center, and WHEREAS, under Ordinance No. 261, Section 5, variances can be granted in the event of hardship, NOW THEREFORE, BE IT RESOLVED by the City Council of the City Of Eden Prairie, that permits for temporary directional signs be issued to Homart Development Company in in Exhibit A the locations set forth/ and that each permit contain conditions substantially in accordance with the following: a) That no sign shall exceed square feet in area. only b) That all signs contain/traffic directional information, the name of Eden Prairie Shopping Center with limited notice as to special openings, i.e. Sears, Powers, and so forth. c) That all such permits are to be renewed annually commencing in December 1975, and as the afore- mentioned road improvements are completed, the signs shall be removed' and future permits with— held. d) All signs are to be placed on land leased or awned by Homart Development Company. e) No permit is assignable to any other person, firm or corporation. ADOPTED by the City of Eden Prairie, this day of. 1975. David W. Osterholt, Mayor ATTEST: John D. Frane, City Clerk 3M7 • — � `ram ...+ 1 _` i jr i / . s 99 To QC-) p ; o fl Q t 3�1 . .,4g9ust14,, 14X i K. ?:^at,_^r,_ c:n rcorcr.�nt ti�_c of Ccrlar Potnt Townhouses Ansociation regardinn i v�rf<�ncc: that were manned to Zachr^an WIders permitting them to build I (� horie.-s ti%Ith no naran_es. t Robert Huelster, 6939 Edenvale Boulevard, appeared before the Council stating that he represents 26 units of the Cedar Point Townhouses Association and also a ncnber of the 45 homeowners In the area. He voiced opposition to permitting Zachman Builders to build homes with no garages on the eleven lots e.-;ned by Zachman on Woodhill Court off Edenvale Boo►evard. Mr. Huelster enpiained the result would be a rundown neighb-orhood, as everything that is usually stored in a garage would be left outside and would soon look like a slum. Mr. Zachman noted that of the 11 lots he is building on, 10 have been sold and only one out of the ten does not have a•garage. The homes will be comparable to homes in Summerwoods. Mr. Huelster stated that if 10 out of the 11 wanted garages�he thought the Co:^.cli's t ust would be if any other variances -were requested, particularly in his area, that those variances rot be gran*e:!.' He further explained thy: apparently people do not want the homes without garages. No actior. recsssa-y. C. R?c_est fr^tn aorart repElOD?':Er1t 40m ena `Uvnd g � n — 1 r Fart ad� 'ic--.a' jn exstin0 Ei--en ?-ai"'e Cer- r dire ctiona1 si4n5. City k"anage-Ulstad spoke to request from Homart Development Company and Eden PraL•ta Center as per, comaunication dated August 9, 1976 from jar..es Kara.m!..-Ias, M-arkating Director, Eden Prairie Canter. MOTION: _v;e'T:s moved, seconded by Bye, to approve the extension of the dire--tio^ai signs for the Eden Prairie Center to August, 1977. Motion carried unanimously. Ot ;�� [` ='IiJ' ti CC`.'a�_`:�:10*rti A. Reports of Cau2cll mea:bers. t 1. Counci,wo:tan Pauly spoke to the request from Ziegler for a Public Hearing ba;ore th:: Counc:l on September 14, 1976. } MOTION: bye r.:cves, se umlad by A".cyers, to set Septa:nhor 11, 1976 as the Public Hearing date for Ziegler. Nlnu'on carried ( unanimously. 2. Councilman Pierce reminded the Council of the nursing services meeting to be held August 31, 1976, 7:30 PM, at our City Hall. Council Minutes - 6 - Tues.,January 3, 1978 f K. Ordinance No. 78-03, r,equlating the ticensin and o eration of Dance ( Halls within the City of Eden Prairie an amending Ordinance No. 0 iii MOTION: Meyers moved, seconded by Dsterholt, to approve the 1st Reading of Ordinance No. 78-03, regulating the licensing and operation of Dance Halls within the City of Eden Prairie and amending Ordinance Mo. 102. Notion carried unanimously. VIII. REPORTS OF OFFICERS, BDARDS b COMMISSIONS A. Reports of Council Members 1. Councilman Osterholt stated he would report on the Sign Ordinance at the January 17th Council meeting. 2. Mayor Penzel brought the Council up-to-date on the meetings with the Chemical Waste Ad Hoc Committee of the Metropolitan Waste Control Commission, and the Ad Hoc Committee on Ordinance No. 51 pertaining to Flying Cloud Airport. 8. Report of City Attorney No reports. C. Report of City Manager 1. Charges to the Development Commission Council members requested that the Chairman of the Development Commission be invited to the January 17, 1978 Council meeting to discuss charges to the Development Commission. 2. Renewal of directional signs for Eden Prairie Center MOTION: Dsterholt moved, seconded by Pauly, to approve the three directional signs for the Eden Prairie Center. Motion carried unanimously. D. Report of City Engineer 1. Receive petition for utili� and street improvements in Norseman Industrial Park 2nd Addition, I.C. 51_319 MOTION: Pauly moved, seconded by Osterholt, to adopt Resolution No. 78-11, receiving petition and ordering feasibility report on improvements (I.C. 51-319) in Norseman Industrial Park 2nd Addition. Motion carried unanimously. 2. T. H. 169 Special Asseamcnt aPheai_ City Engineer JulTie spoke to memo dated December 30, 1977, noting that Mr. Calvin Anderson questioned the assessment sometime after the hearing as Mr. Anderson claimed a notice was not received of the assessment hearing. The assessment was levied and the basis of their objection is contained in Paul Anderson's letter dated 12/9/77. Mr. S Mrs. Calvin Anderson have submitted a signed letter in agreement with the stipulation that the slope easements would be turned back to them at no cost. 3�oj i 1-2-80 NO MESSAGE COMPANY NO.OF MESSAGEUSiGNS 1 KSTP Naegele 1 2 Heet 1 3 Wilderness Restaurant 1 4 Knox Lumber U1 5 ---open--- Schubert b ---open--- 7 BelAir Cig. Naegele 1 8 Triumph Cig. U1 9 Merit - Gregg Nelson It2 10 Schwin - Women's Group Meyers 2 11 Beanery Rest. - Rusco Naegele 2 12 Kool Cig. 1 13 York Plaza Condos " 1 14 Suburban Natl Bank 1 15 Carlton Cig.- Carlton - Fruit of Loom 3 16 Schmidt Beer 1 a EP Center EP Center b EP Center " c EP Center " X Cutty Sark - Gardener Naegele 2 Y Price Alert - Smirnoff 2 Z New Horizon Homes 1 Signs within Billboard District (Ord.159) No.s 1,2,3,10,X,Y,Z (7 of the 22) l :J�"1 foMew•SOUfhdole HOSPHOI '0 U01 France Ave.So..Minneapolis,%nneWs%435 JAN14 Telephone(612)920-4400 A KkW J.Erickson d Admirristrator January 14, 1980 Mayor Wolfgang Penzel Eden Prairie City Council 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Wolfgang: Re: Request for Occupancy Permit Fairview-Southdale Hospital, along with Hennepin County Division of Community Services, are requesting an opportunity to appear before the City Council of Eden Prairie on January 22, 1980. The purpose of our request is to apply for an Occupancy Permit for a Detoxification Receiving Center. This sub acute detoxi- fication center would be operated by Fairview-Southdale Hospital under contract with Hennepin County, and would serve primarily the south and southwestern suburbs. The site which has been selected is at 9927 Valley View Road. The current use of the site is primarily warehouse/industrial. The building is owned and leased by United Properties. The proposed receiving center would utilize about 4,500 square feet of the building, which is now under construction. Previously, suburban detoxification services have been provided at the Chanhassen Treatment Center in Chanhassen, Minnesota. Hennepin County will not be renewing their contract for services with Chanhassen for 1980. Part of the services provided at the Chanhassen Center will be relocated to the southwest suburbs while the balance will be relocated to the new Pioneer Clouse in 'Plymouth. Adolescent residents requiring detoxification max also receive services at a new detox program to be operated at Lutheran Deaconess Hospital in Minneapolis. We anticipate opening of the Fairview-Southdale 1letox and lZe- ceivinc Center on or before April 1, 1980. Ife would appreciate the support of you and the Gden Prairie City Council his 1;e arrk A r- cATnWav fthislwm"ahmW hOxWler" Mayor Wolfgang Penzel January 14, 1980 Page •2. to bring these needed services to the south and southwestern suburbs of Hennepin County. We are planning to meet with Eden Prairie staff prior to the City Council Meeting and would be pleased to answer any questions from you or the City Council at any time. Also, for your information, a brief outline of the program of services for the Detox Center is attached. Thank you. Yours truly Kirby J. Erickson Administrator Fairview-Southdale Hospital cc: Roger Ulstad, City Manager John Curran, Hennepin County Chemical Dependency Services ( Allen Nohre sg PROGRAM DESCRIPTION C FAIRVIEW-SOUTHDALE HOSPITAL RECEIVING CENTER Fairview-Southdale Hospital proposes to provide a sub-acute receiving center to serve the residents of the south and southwest area of Hennepin County. The receiving center will offer three basic services-. 1. Residential supervision of the detoxification process. 2. Assessment of the problems surrounding chemical use/abuse/ dependency. 3. Appropriate referral of the client to treatment or other followup. Clients appropriate for this service will be persons needing supervised detoxification who are not exhibiting acute medical problems and who are not dangerous to themselves or others. Persons admitted to the service will stay as ambulatory residents an average of two to three days. The facility will have a capacity of twelve beds, with an expected average occupancy of eight (8) persons. Upon admission the client's physical condition will be monitored by a staff of nurses, counselors and chemical dependency aides in a manner consistent with the standards of Fairview-Southdale Hospital. The assessment component will include a diagnosis of chemical use and abuse and a psycho-social assessment with inclusion of family members when appropriate. Referrals from the receiving center service will be made with the purpose of aiding clients to become involved ip the most effective treatment or followup program. (Treatment will not be pro- vided at this center.) The facility will be open 24 hours a day, 365 days a year, and will be staffed at all times with hospital personnel including nurses, counselors and aides. Fairview-Southdale Hospital will establish a contract with Hennepin County to provide for the cost of care for those persons unable to pay for the service. Other clients with the financial means to nay for the services they receive and/or with third party insurance will be billed as private patients. The program intends to create and maintain working relationship, with the community and government agencies, police departments, schools, other hospitals, mental health agencies, and chemical dependence treatment centers to affect appropriate referrals and linkage services. The receiving center will be administered by Fairview-Southdale 110spital, a member of Fairview Community Hospitals. 321 P MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Roger K. Uistad, City Manager FROM: Bob Lambert, Director of Community Services DATE: January 16, 1980 SUBJECT: Letter from Elliot Perovich Regarding Anderson Lakes Park Attached to this memo is a letter form Elliot Perovich dated January 11, 1980 regarding the resolution of the question of jointly planning and operating the Anderson Lakes Regional Park Reserve. I believe this letter accurately describes the alternatives discussed at the last meeting with members of the Metropolitan Parks and Open Space Commission and representatives from Bloomington, Hennepin County Park Reserve District and the City of Eden Prairie. Staff is in agreement with the proposal that Eden Prairie cease to be an implementing agency for regional parks in the metropolitan area. This would mean the City would have to turn over operation of both Anderson Lakes Park and Bryant Lake Park to Hennepin County Park Reserve District. Staff recommends this for several reasons: 1. Hennepin County Park Reserve District will operate these parks offerning the same services as pfoposed by the City of Eden Prairie with less cost to the local tax payer. 1, With commitments created by the recent passing of the 3.5 million dollar bond referendum, the City of Eden Prairie staff feels the City has a higher priority to develop the neighborhood and community parks serving Eden Prairie residents before developing the regional parks. Without a substantial increase in staff members, it would be impossible to commit to the proper development of both the regional park sites and our local sites. 3. The City of Eden Prairie will soon be paying for maintenance of more than 10 additional local park sites. With this additional load the maintenance of two regional parks would become excessive for a City of our population. A. In 1979, the City spent approximately $65,000 in the operation and maintenance of Bryant Lake Park and Anderson Lakes Park. The majority of this cost being budgeted to removal of diseased trees elm trees. At this point, Anderson Lakes Park is undeveloped and Bryant Lake Park is developed to operate at about :0: of its total capacity. When these two parks are developed operating budgets for each park will exceed $100,000 per year. 327 • f %2f Staff requests the Commission and the Council to review the proposal outlined in by Mr. Perovich's letter. If the Commission and Council are in favor of this type of action, it would be appropriate to request the Metropolitan Council to draft an agreement explaining the terms of reimbursement and commitments for development of those two park sites. Also, an agreement should relate to each of the contracts the City now has from the Metropolitan Council regarding acquisition of Anderson Lakes Park and Bryant Lake Park and develop- ment of Bryant Lake Park and how these contracts are to be terminated. BLsmd Metropolitan Parks and Open Space Commission 4120 CM .100 Metro Square Building U lI S� Seventh and Robert Streets Saint Paul,3linneauta 55101 612l291-6401 January 11, 1980 Mayor Wolf Penzel and Members of the Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Mr. Mayor and Council Members: Members of the Metropolitan Parks and Open Space Commission and staff recently met with representatives of the Cities of Bloomington and Eden Prairie and the Hennepin County Park Reserve District. The topic was resolution of the ques- tions of jointly planning and operating the Anderson Lakes Regional Park Reserve. Councilman Paul Redpath and Director of Community Services Bob Lambert represented Eden Prairie. ( Several alternative solutions to the problem were advanced. Among these was the continuation of the three agencies' participation in planning and long- term operation of the park reserve. Another was to have the Hennepin County Park Reserve District assume these responsibilities for the total complex. A number of mutations of the two basic solutions were also discussed. Accommodating major components of the three agencies in the final park plan was a basic concern expressed by each. An example of these major components is the Blacklock interpretive facility in the Eden Prairie portion of the park. Another example is the city's attitude relative to upgrading County Road 18. Similarly, the other agencies had major components that they considered vital within their portion of the park, given current ownership. After lengthy discussion I believe the representatives have satisfactorily resolved the park issues. for example, with respect to the Blacklock inter- pretive facility, it was unanimously agreed that nature interpretation is a -primary recreation function within the park reserve. Several areas have good interpretive potential. The Blacklock, Tierney's Woods, and Richardson areas are all in this cateCory although none has all of the characteristics of the three together. Thus, a combination of interpretive areas is needed. At some point in the future a major interpretive facility will be required to support the program envisioned. The best location for this facility is not determined at this time. A study of resources and their potential will enable all of us to make a decision based on accurate data. The three areas cited above will be studied to determine which is best suited for such a facility. 0 Established by the Minnesota Legislature as an agency of the Metropolitan Council