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HomeMy WebLinkAboutCity Council - 10/21/1980 JOHN D. FRANE EDEN PRAIRIE CITY COUNCIL • E 'JESDAY, OCTOBER 21, 1980 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath COUNCIL STAFF: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; Finance Director John Franc; Director of Community Services Bob Lambert; City 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 SPECIAL MEETING OF THE CITY COUNCIL, PARKS, RECREATION & Page 2475 NATURAL RESOURCES COMMISSION AND THE HISTORICAL & CULTURAL COMMISSION HELD THURSDAY, OCTOBER 2, 1980 III. CONSENT CALENDAR A.,/ 2nd Readinc�of Ordinance No. 80-02 rezoning from Rural to RM 2.5 Page 2479 for Michelangelo Gardens and developer's agreement B./ Mn/DOT Grant Agreement for Co. Rd. 1 Bikeway (Resolution No. Page 2491 80-208) Ct. 100Z Petition from Braun-Kaiser & Company for Trunk Watermain Page 2495 extension on Valley View Road, I.C. 51-356 (Resolution No. 80-209) D. Request to set Public Hearing for Eden Prairie Community Church Page 2497 for November 18, 1980 E. Request to set Public Hearing for Single Tree Office Building for Page 2498 November 18,1980 F.- Request for Thorn Creek Environmental Assessment Worksheet Finding Page 2499 of No Significant Impact TResolution No. 80-205 G.- License agreement with Chicago & Northwestern Transportation Page 2524 Company for Co. Rd. 4 bikeway railroad crossing (Resolution No. 8D-210) H.— Approve_plans and specifications and order bids for improvements Page 2531 in Sunset Trails, I.C. 51-392 CResolution No. BO-211) IV. PUBLIC HEARINGS A. T.H. 5 Frontage Road, Fuller Road to Cqp. Rd. 4 (continued from Page 2532 ( B/5/80-�—�-� A ,. r .�✓ r ",r.-__1 City Council Agenda - 2 - Tues.,October 21, 1980 B. Drainage outlet for Lake Idlewild, I.C. 51-385 (Resolution No. Page 2536 80-1ej96 C. Dolejsi Addition by Joseph Delejsi_ Request to rezone 2 acres Page 2541 from Rural to R1-22 and preliminary plat. Located at 6445 192nd }. Avenue West. (Ordinance No. 8D6 and Res. No.903) D. Lake Riley Estates by Leonard Swedlund. Request to preliminary Page 2548 plat 14+ acres zoned Rural into 3 lots. Located north of Lake Riley and east of Chanhassen. (Resolution No. 80-)04) V. PAYMENT OF CLAIMS NOS. 3537 - 3713 Page 2555 VI. REPORTS DF ADVISORY COMMISSIDNS VII. PETITIDNS, REQUESTS & COMMUNICATIONS A. Request for preliminary plat approval for Prairie Lakes Condominiums Page 2559 (Anderson Lakes Addition) - Resolution No. 8 6 VIII. REPORTS DF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Attorney C. Report of City Manager D. Report of Director of Community Services 1. Round Lake Irrigation (continued from 8/5/8D) �`_. Page 2573 1. 2. Park Use Ordinance Page 2574 a. 3. Request of Community Education Advisory Council ,O �''J Page 2583 4. Grill House repair Page 2586 5. Resolution on Historical & Cultural Commis 'on Page 2587 responsibilities (Resolution No, 80 6. Fundina sources for More House acquisition Page 2589 7. Advertising in Community Center Page 2590 8. Request for BMX Trail Page 2592 E. Report of City Engineer 1. Schooner Boulevard design section L.' Page 2596 2. Agreement with Edina regar,1 q trunk watermain on Washington Page 2597 Avenue IX. NEW BUSINESS X. ADJOURNMENT. UNAPPROVED MINUETS S SPECIAL lII I IN( OF mr CITY COUNCIL,, PARKS, RECREATION AND NAl IL 1. RIrSO1IRCEES (t, tiS,Itt•; AND tII.,14Il(AI./(.UI.I(,I,AI, (0,,.11MSI0N THUIRSDAY, OCI.ORER 2, 1980 (:30 P.M., GRILL HOUSE C0UNCI.L IIEMBlil;S PRESENT: Wolfgang Penzel, Mayor; Sidney Pauly, Paul Rcdpath COUNCIL LIMBERS ABSENT: David Oatcrhoit, Dean Edstrom HISTORICAL/CIILIURAL MEMBERS PRESENT: Carol Hone, chairperson; Allenc Hoekom, Barbara Johnson, Albert Picha, Mary Upton CO'•SIISS1ON MMFi1i11S ABSENT: Judy Ellingson, Jeanette Harrington PARKS, RECREATION AND NATURAL Richard Anderson, chairperson; Pat Breitenstein, RESOURCES CO;h1ISSION MEMBERS PRESENT: Robert Johnson, Gloria Pond PARKS, RECREATION AND NATURAL Marge Priedcrichs, George Tangen, Larry RESOURCES COILt1ISSION MEMBERS ABSENT: VanMeter COMMISSION STAFF: Robert A. Lambert, Director of Cotmnunity Services Sandra P. Worts, Recreation Supervisor O111ERS PRESENT: Mary Remolc, Eden Prairie News Mr. Donald Johnson II. Review of Exterior and Interior of Grill House and Surrounding Grounds Worts presented background on the house and pointed out the architectural details • and other points of interest on the house and grounds. A map of the grounds, prepared by the architect, was also distributed that indicated which out buildines should remain. Following the tour of the grounds, the group toured the inside of the building. Worts pointed out some interior details for the group to note. • Barbara Johnson left. III. Return to City (tall Sandwiches and coffee were served. 1V. Itens for Discusi on and Decisions • The meeting was called to order by Mayor Wolfgang Pcnzcl at 7:11S P.M. A. historic Paris/Historic Sites - Prngramming, thee and Funding Mayor Pent:rl opened discussion by asking Lambert to comment on this area. Lambert explained that the Grill house was perchaeed with federal and state part acquisition fonds and, therefore; the larks, Recreation and Natural Resources (',urn issi cn couid have ri-speue IiiI it.y over the planning and development or the sits. On the tether hand, the ili::torical/Cultur.tl Commission )t:ie given the responi.hility for tn.oservation of Edon Prairie':: history and programming of historical and cultural nature. The silo could easily he classified as a historic park. The queutiun, according; to Lambert, .2� Special Meeting; Oct. 2, 1980 is which Commission is responsible for making recommendations to the I City Council on historic sites, and what role does the Community Services staff play? Discussion followed. The concensus of the groups is that the maintenance and development of the grounds at a historic site is the responsibility of the Parks, Recreation and Natural Resources Commission and the maintenance and use of the buildings is the responsibility of the Historical/Cultural Commission. Lambert discussed the three areas of funding available for the development of park sites, these are the general fund, cash park fees •,nd grants, and asked that sources should be used for historic site development. The 1 Council agreed that the general fund and grants would be the likely sources for funds. Penzel said the first step in obtaining funds is to determine if the Grill house is registerable as a historic site and if so what benefit it might have for the City and citizens. Discussion followed. Hone asked if it was in writing that the site must be preserved as a historic site. Lambert replied that it was not in any written agreement. The executor of the estate has said that there are many items that he has that will go back to the house at Mrs. Grill's request if the house is preserved. Worts added that a memo in the file indicates that Martin Grill, at one time, was willing to donate his homestead of 5.57 acres for a historic site as part of a purchase arrangement. However, the house and grounds was part of the total purchase package. Penzel felt that discussion of E. Historic House and Building Survey was 1 pertinent at this point. Before funding could be sought we must determine what historic houses and buildings exist in the community, which ones • are worth preserving and how we arc to preserve them using available grant funds. Penzel went on to say that it is difficult to talk about funding unless we know what we wait to do and what the potential is. Pauly suggested • that residents he called on to prepare the survey instead of spending money on a consultant. Lambert agreed that certain citizens should have a good idea of what is available. However, the City must determine if it wants to rennovate n house or two, or pass an ordinance on what a resident can or • cannot do to their older homes .if determined historic. In this case, it would he hard to ask City residents to make these decisions. Penzel felt it is necessary to know what we have first before determining what approach we are going to take. Ilone suggested that a citizens committee would be capable of conducting a general information survey to collect basic data on older homes. Penzel asked the historical/Cultural Commission to complete a survey on historic homes in Eden Prairie. Hone suggested homes built in 1909 or earlier be considered in surrey. Worts ria,le the point that the City does not. have to purchase every historic home. Many people are proud to hove their homes listed on the notional registry and it. could be exciting for Eden Prairie to have homes with such designations. 9 tl'i i<� • Special Meeting -3- Oct. 2, 1980 Anlerson stated a need for recommendations from the Council on the division of authority. l'enze] asked Lambert to prepare a memo on the division of authority that could eventually be put into a resolution. 'lie major consensus from the discussion are: the Historical/Cultural Cenmuission would recommend what happens to the building, the Parks, Recreation and Natural Resources Commission would recommend what happens to the maintenance and development of grounds and the Community Services Department would he responsible for staff recommendations to both Commissions on buildings and grounds of historic sites. B. Future of Cummins-Grill House Mayor Teazel noted that a study has been prepared on the Cummins-Grill house. Lambert stated that a decision needs to be made on the future of the house because the roof needs immediate repair and if there is a desire not to rent the house, we must give the renters sufficient notification. Hone feels it is important that the intended use of the building be determined. She would like to see simple renovations so that the house can be used for meetings and community events, a historic library and storage of City artifacts, and cultural activities. Some discussion followed on security of building and some "stop gap" measures to prevent further deterioration, In conclusion: 1. Lambert was requested to prepare for October 21, 1980 Council meeting information on minimal roof repairs. 2. Renters are to remain over the winter. 3. Grill house to be maintained in present condition until it is determined if grants can be obtained for renovation. 4. Begin process to register house and apply for grant. C. Future of ttonglas/!lore House Fenzel requested that a tour be arranged of Douglas/More house for Council and Commissioners. I'en:.el asked where we stand in obtaining an option on this home. Lambert replied lint an appraisal was obtained for the property. The recommended purchase price t,'aa $12S,000, however; the owuires would like $160,utt0. Red path suggested the need to move quickly on the purchase because of the interest for industrial development in that area. • I'enzel asked if an attempt should be made to secure an option based on the known appraisal and asking price. Lambert replied that he would be uncomfortable not knowing if money would eventually be available for the purchase. Done suggested that the' citi::c'ns and businesses he tapped for contributions. fcnr'.el said to cnni•uit Roger lilstad and John Franc for ideas or available money to purchase the More house on contract for deed. f Special Meeting -4- Oct. 2, 1980 Fenzel asked the Historical/Cultural Commission to put together a recommendation for the City Council on various avenues for obtaining monetary resources from the community for the acquisition of the More house and restoration of the Grill house so that the legality of such a project can be looked into. (lone asked if the application process for the historic register could be started. Lambert replied yes. Redpath asked about the use of proceeds of the historical/Cultural Commission projects for historical purposes and commented that he felt all proceeds should go into the general fund. none spoke to the Commission's position on this and clarified that reference in the minutes was to Sunbonnet Days. The money made in the sale of sunbonnets and proceeds from the event after expenses were met would be used for historical purposes. D. Future Meeting Place for historical./Cultural Commission Penzcl said that according to Lambert, the Brown house will be available until 1933. Even if the Grill or More house is not available by then there will be meeting space available in the Community Center or City Hall. However, there may not be available space for storage or a library. Hone explained that what the Commission needed was a place for its program and activities. • V. Adjournment Mayor Fenzel adjourned the meeting at 8:50 P.M, • Respectfully Submitted, Respectfully Sandra F. Worts Recording Secretary aLt'l`6 Michaelangelo Gardens 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Ordinance No. 80-02 AN ORDINANCE RELATING TO ZONING AND NIENDING ORDINANCE NO. 135 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance No. 135 is amended as follows: The following described property, as set forth in Exhibit A attached hereto and made a part hereof, shall be and hereby is removed from the Rural District and shall be included hereinafter in the RM 2.5 District. Section 2. The above-described property shall be subject to the terms and conditions of that certain Developer's Agreement dated as of , 1980, between Rembrandt Enterprises, Inc., a Minnesota corporation, and the City of Eden Prairie, which Agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City of Eden Prairie relating to the Office District. • Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 22 day of January, 1980, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the - - day of 1980. Wolfgang H. Penzel Mayor - ATTEST: John D. Franc -,City Clerk PUBLISHED in the Eden Prairie News on the day of , 1980, 2y 9 MICHELANGELO GARDENS, Phase 1 LEGAL DESCRIPTION OF AREA TO BE ZONED That part of the Northeast Quarter of the Northwest Quarter, except the East 165 feet thereof and except the North 16.5 feet thereof; And all that part of the Northwest Quarter of the Northwest Quarter lying Easterly of the Easterly line of U.S. Highway No. 169 & 212; all in Section 12, Township 116, Range 22, described as follows: Commencing at the intersection of the Easterly line of U.S. Highway No. 169-212 and a line parallel with and I6.50 feet South of the North line of the Northwest Quarter of Section 12, thence South 86 degrees 10 minutes 04 seconds East (assumed bearing) along said parallel line a distance of 30.0 feet to the actual point of beginning of the land to be described; thence Southeasterly a distance of 381.35 feet along a curve concave to the Northeast having a radius of 291.33 feet, a central angle of 75 degrees, and a chord bearing of South 33 feet 40 minutes 04 seconds East; thence Southerly a distance of 335.98 feet along a curve concave to the Southwest having a radius of 275.0 feet and a central angle of 70 degrees; thence Southeasterly a distance of 246.33 feet along a curve con- cave to the Northeast having a radius of 588.08 feet and a central angle of 24 degrees; thence South 70 degrees 15 minutes 22 seconds West a distance of 213.34 feet; thence South 32 degrees 32 minutes 39 seconds West a distance of 180.31 feet; thence South 57 degrees 30 minutes 54 seconds East a 'distance of 316.53 feet; thence North 62 degrees 25 minutes 26 seconds East a distance of 380.19 feet; thence North 11 degrees 10 minutes 10 seconds West a distance of 320.06 feet thence South 89 degrees 42 minutes 41 seconds East a distance of 410.98 feet to a line parallel with and 165 feet West- erly of the East line of the Northeast Quarter of the Northwest Quarter of said Section 12, thence North 0 degrees 34 minutes 14 seconds West along said parallel line a distance of 620.82 feet to a line parallel with and 16.5 feet South of the North line of the Northwest Quarter of Section 12, thence North 86 degrees 10 minutes 04 seconds West along said parallel line a distance of 1097.95 feet to the actual point of beginning. All being in Hennepin County, Minnesota. • EXHIBIT A • 1/8/80 ' k Michaelangelo Gardens 9/17/80 RP 10/2/80 DEVELOPER'S 'AGREEMENT THIS AGREEMENT, made and entered into as of , 1980 by and between REMBRANDT ENTERPRISES, INC., a Minnesota corporation, hereinafter referred to as "Owner" and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City". WITNESSETH: WHEREAS, Owner has applied to City to rezone from Rural to RM 2.5 approximately acres, situated in Hennepin County, State of Minnesota, more fully described in'.Eihibit A, attached hereto and made a part hereof and hereafter referred to as "the property", and WHEREAS, Owner desires to plat and develop the property for construction r thereon of 272 owner attached residential units and for golf course and tennis recreational uses. NOW THEREFORE, in consideration of City adopting Ordinance No. 80-02, Owner covenents and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the material dated December 6, 1979 reviewed and approved by the City Council on January 22, 1980 and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Owner shall not develop,construct upon or maintain the property in any other respect or manner than provided herein. 2. Owner covenants and agrees to the performance and observance by Owner at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. { �q7( • Agreement--Michaelangelo Gardens page 2 • 3. Owner shall prior to issuance of any building permit, ,submit to the City and Watershed District for review and approval;•a de- tailed grading, storm sewer; and development plan ("the grading plan"), including but not limited to: landscaping and location, and type of pedestrian walkways between the units and the areas on which are to be constructed the recreational improvements consisting of at least a 3 hole golf course and 2 tennis courts ' as depicted on Exhibit B. , .("recreational improvements") Owner • if covenants that it shall develop and alter the property, trees 1 and vegetation thereon, only in accordance with the grading plan and not otherwise. :i 4, Owner shall construct recreational improvements, prior to the • issuance of any building permit for Block 2 , Exhibit-B. h 5. Owner shall, concurrent witIi any construction upon Lot 2or3,Bl-ock 1i 2;or Lot 1, Block 3, Exhibit B, construct the public load and ff� cul-de-sac, 'Exhibit B, in accordance with the City Engineer's recommendations, or shall petition City for said.road construc- _If tion for local improvement. At the same time Owner shall con- i,1 struct the extension of the public road from the cul-de-sac i situated at the eastern most corner of Lot 1, Block 3 to the south line of the property, or give to City his written _• agreement to do so, such written agreement to include the , t obligations of Owner and to the furnishing of a bond as des- cribed in paragraph V.A., -Exhibit C, hereof. f 6. Owner shall not construct any public or private roads within the property having a grade in excess of 71/2% vertical grade. • 7. Owner shall, at the time of submission of the final plat, depict all areas within the flood plain as "flood plain". B. Owner shall convey by Warranty Deed or dedicate in the plat that part'of the property shown as Outlet B, Exhibit B, outlined in green to the City immediately upon filing of the plat and prior to issuance of any building permit. Owner shall not grade or permit or cause to occur any construction upon Outlet B other than the extension of the public road as described in paragraph . 5 hereof. • B. Owner shall construct the recreational uses prior to the issua- nce of any building permit upon Block 2.. 10. Owner shall construct, concurrently with street and utility construction within the property, a 6 foot wide 4 inch deep • strength asphalt pahtway with let down curb and gutter, within the right of way and west of the driving surface of the north/south public road, as depicted in red on Exhibit B. i Developer's Agreement--Michaelangelo Gardens page 3 • IN WITNESS WHEREDF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY: • • Wolfgang H. Penzel, Mayor Roger K. Ulstad, Manager STATE OF MINNESOTA) • ) SS. COUNTY OF HENNEPIN) • The foregoing instrument was acknowledged before me this day of , 1980 by Wolfgang H. Penzel, the Mayor and Roger K. Ulstad, the City Manager of the City of Eden Prairie, a municipal corpor- ation on behalf of the corporation. Notary Public OWNER:. STATE OF MINNESOTA) • ) SS. COUNTY OF HENNEPIN) e foregoing instrument wa; acknowledged befoye me this /Li( day of , 1980 by e ,. the cu . and the on/behalf of Rembrandt Enterprises, Inc., a Minnesota Corporation. p Notary Public �i' _.r11 L G1Lt. �'t RA { My CL.'ni.ainn L n u:lov.17.1104 •VWWWV✓OVN AVVINVO APONNVWi a��3 • • • MICHELANGELO GARDENS, Phase 1 LEGAL DESCRIPTION OF AREA TD BE ZONED • • That part of the Northeast Quarter of the Northwest Quarter, except the East 165 feet thereof and except the North 16.5 feet thereof; • And all that part of the Northwest Quarter of the Northwest Quarter lying Easterly of the Easterly line of U.S. Highway No. 169 & 212; all in Section 12, Township 116, Range 22, described as follows: Commencing at the intersection of the Easterly line of U.S. Highway No. 169-212 and a line parallel with and 16.50 feet South of the North line of the Northwest Quarter of Section 12, thence South 86 degrees 10 minutes 04 seconds East (assumed bearing) along said parallel line a distance of 3D.D feet to the actual point of beginning of the land to be described; thence Southeasterly a distance of 381.35 feet along a curve concave to the Northeast having a radius of 291.33 feet, a central angle of 75 degrees, and a chord bearing of South 33 feet 40 minutes D4 seconds East; thence Southerly a distance of 335.98 feet along a curve concave to the Southwest . having a radius of 275.D feet and a central angle of 7D degrees; thence Southeasterly a distance of 246.33 feet along a curve con- cave to the Northeast having a radius of 588.08 feet and a central angle of 24 degrees; thence South 70 degrees 15 minutes 22 seconds West a distance of 213.34 feet; thence South 32 degrees 32 minutes 39 seconds West a distance of 180.31 feet; thence South 57 degrees 30 minutes 54 seconds East a 'distance of 316.53 feet; thence North • 62 degrees 25 minutes 26 seconds East a distance of 380.19 feet; thence North 11 degrees 10 minutes 10 seconds West a distance of 320.06 feet thence South 89 degrees 42 minutes 41 seconds East a distance of 410.98 feet to a line parallel with and 165 feet West- erly of the Fast line of the Northeast Quarter of the Northwest Quarter of said Section 12, thence North 0 degrees 34 minutes 14 seconds West along said parallel line a distance of 620.82 feet to a line parallel with and 16.5 feet South of the North line of the Northwest Quarter of Section 12, thence North 86 degrees 10 minutes 04 seconds West along said parallel line a distance of 1097.95 feet to the actual point of beginning. All being in Hennepin County, Minnesota. EXHIBIT A • zriti S - • 1 ;11_ ' .Mrs , OCK=-7000� -Z— e F J�gip. ..�..AA� '� / y. - • • . Lot r> `—_= — ":�- \ 'lu';':...„.7\ �I . r....--1"-,-----,-,-----,--rr,I., . • • . u . Y N ...\ . \c.„....,—..--n-cri-F,,,.&.•,,,. , 1. 1.. ,! , n F ay.'..d ,ryr �:0." ,. ..�� 1 1_,77.1 it!: r i ��. ! j,Golf • / 0 }�1 �` r• 4• s ff Z#$Erb A • I !',-) of .\. i:Lot 3 -_ , ' t� . b-= -.\ \ 1: r'i -r • �a \l-1---.'7.".",;:. • f z • c{ � �1Q' 1 { 1 Q 1 : ••--1 ; • • ,/ - • ,@:..,i - ', •, .•j,.,.•:' - • —,-..-. ,-••;..,• i.1 • . . ' / tiv utlOt-�B,;�, ., ..`...�.� .,.,; O�AO • V, , i J I+7 ,I 1 • • • • 300 no;1ll • scale: 010 100 . v Plat ., EXHIBIT B • ,2qr • DEVELOPER ' S AGREEMENT ( EXHIBIT C page 1 of 4 _. . I. Prior to release of final plat, Owner shall submit to the City. Engineer for approval two copies of a development plan (1"=100' scale) showing existing and proposed contours, proposed streets and lot • arrangements and size, minimum floor elevations on each lot, preliminary l alignment and grades for sanitary sewer, watermain and storm sewer, I 100 year flood plain contours, ponding areas, tributary areas to catch l basins, arrows showing direction of storm water flow on all lots, location of walks, trails and any property to be deeded to the City. II.• Owner shall submit detailed construction and storm sewer • plans to the ' Nine Mile Creek • Watershed District for review and approval. • C Owner shall follow all rules and recommendations of said Watershed District. • r III. Owner shall pay cash park fees as to all of the property required by any ordinance in effect as of the date of the issuance of each • • building permit for construction on the property. Presently, • the amount of cash park fee applicable to the property is $ 250 per unit. The amount to be paid by Owner shall be increased • or decreased to the extent that City ordinances are amended or • supplemented to require a greater or lesser amount as of the date of the issuance of any building permit for construction on the property. . IV. Prior to the dedication, transfer or conveyance of any real 4 property or interest therein to the City as provided herein, • P Owner shall -deliver to the City an opinion addressed to the City by an Attorney, and in a form , acceptable to City, as to 4 the condition of the title of such property or in lieu of a title opinion, a title insurance policy insuring the condition ti of the property or interest therein in the City. The condition of • •• the title of. any real property or any interest therein to be dedicated, transferred or conveyed as may be provided herein by . Owner to City shall vest in City good and marketable title, therein free and clear of any mortgages, liens, encumbrances, or assessments. . it t i If eZu2' , • , • Pane 2 of 4 Exhibit C V. A. All sanitary sewer, wetermain and storm sewer facilities, concrete I curb, gutters;'sidewalks and other public utilities ("improvements") to be made and constructed on or within the property and dedicated to the City shall be designed in compliance with City standards by .. a registered professional engineer and submitted to.the City Engin- ' eer"for approval. All of the improvements shall be completed by Owner & acceptable to the City Engineer and shall be free and clear of any lien, claim, charge or encumbrance, including any for work, labor or services rendered in connection therewith or material or equipment supplied therefore on.or before the later of, 2 years . from the date hereof or , 19 , Upon corn- pletion and acceptance, Owner warrants and guarantees the improve- ments against any defect in materials or workmanship for a period • of two (2) years following said completion and acceptance. In _ .. the event of any defect in materials or workmanship within said - 2 year period warranty and guarantee shall be for a period of three • (3) years following said completion and acceptance. Defects in material or workmanship shall be determined by the City Engineer, Acceptance of improvements by the City Engineer may be subject to r.` such conditions as he may impose at the time of acceptance. Owner, through his engineer, shall provide for competent daily inspection • — during the construction of all improvements.- As-built drawings with service and valve ties on reproduceable mylar shall be deliver- ed to the City Engineer within 60 days of completion thereof to- gether with a written statement from a registered engineer that all improvements have been completed, inspected and tested in accordance t with City-approved plans and specifications. Prior to final plat approval, or issuance of any building permit, if no final plat is required, Owner shall: Submit a bond or letter of credit which guarantees corn- _ pletion of all improvements withinthe times provided, upon the conditions, and in accordance with the terms ij of this.suhparagraph V. A., including but not limited to, a': guarantee against defects in materials or work- manship fora period of two (2) years following corn- _ pletion and acceptance of the improvements by the City . Engineer. The amount of the bond or letter of credit • shall be 125% of the estimated construction cost of said improvements, subject_to reduction thereof toan amount equal to25% of the cost of the improvements •___. after acceptance thereof by the City Engineer, and re ceipt of as-built drawings. The bond or letter of .• .credit shall be in such form and contain such other provisions and terms as may be required by the City Engineer. The Owner's registered engineer shall make and submit for approval to the City Engineer a written estimate of the costs of the improvements. B, In lieu of the obligation imposed by subparagraph V,A, above, Owner may submit a 100% petition signed by all owners of the property, re- • questing the City to install the improvements. Upon approval by the .City Council, the City may cause said improvements to be made and . special assessments for all costs for said improvements will be • levied on the property, except any property which is or shall be ded- 1 . - page 3 of 4 Exhibit C • ' • icated to the public, over a five year period. Prior to the award of any contract by the City for the constructijan of any improve- ments, Owner shall have entered into a contract for rough grading , of.streets included in•the improvements to a finished subgrade. elevation. Contractor's obligation with respect to the rough grad- ing work shall be secured by a bond or letter of credit which shall guarantee completion, and payment for all labor and materials ex- pended in connection with the rough grading. The amount of the • I bond or letter of credit shall be 125% of the cost of such rough grading and shall be in such form and contain such further terms as may be required by the City Engineer. C. Prior to release of final plat, Owner shall pay to togCityrieesrfor first two year street lighting (p n re streets) view and street signs.• VI. A. Owner shallppall atsoil, leastaeverybtwo months, (or clean, ithinall onestreets I within,mh the property from the date Jf any request by City), during the period commencing May 1 and ending October 31, of each year, until such time as such streets and improvements therein are accepted for ownership and • maintenance by City. • B. Within 20 days of installation of utilities and street curb in any portion of the property (if said time occurs between May 1 and October 31 of any year) Owner shall sod (secured with a minimum f 2 stakes per roll of sod) that part of the property lying between said curb and a line 18 inches measured perpendicular with the curb or in lieu of said sod, place a fiber blanket with seed approved by 1 the City (secured with stakes a maximum of 6 feet apart). Either sod or fiber must be placed upon a minimum of 4 inches of topsoil. R The topsoil shall be level with the top of the curb at the curb line and rise =" for each foot from the curb line. . Owner shall maintain the sod, fiber blanket, topsoil, and grade until such time as the streets and improvements in the property are accept- ed for ownership and maintenance.by City. Owner shall also sod all, drainage swales serving each 1.5 acres a • minimum distance of 6 feet on either side of the center of the swale. } h V of C. The bond of also guaranteetter of credit the performancerofiOwner'1spobliigationsAunderethishall paragraph VI. 1 VII::.Owner shall file this Agreement with the Register of rrofmDeeds or or Registeriof ter of Titles and supply the City with a copy of i as to Document Number and date and time of filing duly certified thereon with 60 days from the date of this Agreement. 1 VIII. If Owner fails to proceed in accordance erwwith othiilAgrs eimentcw within ne24 months of the date hereof and provide with item VII. hereof, Owner for itself, its successors, and assigns' shall not oppose rezoning of said property to Rural. • y• • • • 1/t;U • 48/21/00 Paye4of4 Exhibit C - • P IX. Provisions of this Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the property herein described. X. Owner represents and warrants it owns fee title to the property free and clear of mortgages, liens and other encumbrances, except:. 4_ _.„ Brea &A,' f.0 . -,-.. CO.1!'. tJ� or• at•-4. jot• A'-,ro`l.. »`\11000.ot -ko XI. In the event there are or Wine constructed on the property, 2 or.more i streets, and if permanent street signs have not been installed, Owner shall install temporary street signs in accordance with recommendations of the City Building Department, prior to the issuance Of any permit to • build upon the property. • . • XII. All improvements including grading, seeding, planting, landscaping, equiping, and constructing of any structure to or upon any of the ! property or other lands to be conveyed or dedicated to the City or for a which an easement is to be given to the City for park or other recre- i ational purposes, shall be completed by Owner & acceptable to the Director of Community Services and shall be free and clear of any lien, claim, change, or encumbrance, including any for work, labor, or ser- vices rendered in connection therewith or material or equipment sup- } plied therefore on or before the later of, 2 years from the date hereof or , 19 . Upon comments against any defect in materials or workmanship for a period of two (2) years following said completion 1 t and acceptance. In the event of any defect in materials or workmanship within said 2 year period the warranty and guarantee shall be for a period of three (3) years following said completion and acceptance. Defects a in materials or workmanships shall be determined by the Director of i Community Services. Acceptance of improvements by the Director of. Community Services may be subject to such conditions as he may impose at the time of acceptance.. Owner, through his engineer, shall-provide for competent daily inspection during the construction of all improve- ments. Prior to final plat approval, or issuance of any building permit, i if no final plat is required, Owner shall: 1 Submit a bond or letter of credit which guarantees com- pletion of all improvements within the times provided, • upon the conditions, and in accordance with the terms of this subparagraph V. A. , including but not limited to, a guarantee against defects in materials or'work- . manship for a period of two (2) years following com- pletion and the extension of the period to three (3) years in the event of any defect during said 2 year • period, and acceptance of the improvements by•the Dir- ector of Comnwnity Services shall be 125% of the estim- :. ated construction cost of said improvements, subject to reduction thereof to an amount equal to 25% of the cost of the improvements after acceptance thereof by the Dir- . ector of Comnunity Services. The bond or letter of credit shall be in such form and contain such other provisions • • and terms as may be required by the Director of Community . Services. The Owner's registered engineer shall make and submit for approval to the Director,of Community Ser- vices a written estimate of the costs of the improvements. • .209 . • • „Ll/ • ‘9/10/80 • Page 5 of 5 Exhibit C • XIII. Owner acknowledges that the rights of City to performance of obligations • of owner contemplated in this agreement are special, unique and of an extraordinary character; and that in the event that owner violates or fails or refuses to perform any covenant, condition or provision made by him herein, City may be without an adequate remedy at law, Owner agrees, therefore, that in the event he violates, fails or refuses to perform any covenant, condition or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce performance of such covenant. No remedy conferred'in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of any one or more remedies shall not constitute . a waiver of any other remedy. . . • XIV. Any term of.this agreement that is illegal or unenforceable at law or in equity shall be deemed to be vbid and of no force and effect to the extent necessary to bring such_term within the provisions of any such applicable law or laws, and such terms as so modified and the balance of'the terms of this agreement shall be fully enforceable. • • • • d • . r � • • • • • , • 200 October 21,• 1980 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80-208 RESOLUTION FOR GRANT FROM THE MINNESOTA OUTDOOR RECREATION ACT FOR BIKEWAY • WHEREAS, the City of Eden Prairie has applied to the Commissioner of Transportation for a grant from the Minnesota Outdoor Recreation Act, Chapter 421, for the development of a bikeway (terminal sections are: 'begins CSAH 4 and USTH 169) and located within CSAH 1 road right-of-way, WHEREAS, the amount of the grant has been determined to be $45,596.22 by reason of the lowest responsible bid. NOW THEREFORE, BE IT RESOLVED, that the City of Eden Prairie does hereby affirm that any cost of the bikeway in excess of the grant will be the responsibility of the City of Eden Prairie, and that any grant monies appropriated for the bikeway but not required, based on the final estimate, shall be returned to the Minnesota Outdoor Recreation Fund, Minnesota Depart- ment of Transportation. The proper official, City Manager, is hereby authorized to sign and execute on behalf of the City of Eden Prairie, County of Hennepin, Grant Agreement Number 27-1094-02, with the State of Minnesota, a copy of which was before the Council. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Franc, Clerk • K . w1 o �'\14 4ESO, ti O Minnesota bA / ` Dc►Nnrt Ill C of Transportation ( A J ¢ Transportation Building 0,a, ..�' yq- St. Paul, Minnesota 55155 l Op TBO • Phone (612) 296-1650 September 26, 1980 • Carl Jullie Eden Prairie City Engineer 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 In-.reply refer to: 702 Grant from Chapter 421 • Mn/DOT State Bikeway Program Office of Environmental Services SAP: 181-020-03 . Eden Priarie Hennepin County - Dear Mr. Jullie: Your request for a grant to construct the above bikeway is approved. You are now authorized to begin work on this project. Funding of this project is contingent upon receipt of a resolution by the city counsil providing that the bike path will be extended from station 92 + 00 to TH 169 when the property in this area is redeveloped. As a time saving measure, a Minnesota Department of Transportation Grant Agreement and a Resolution-Certification Form are enclosed. Please review and complete the Grant Agreement under RECIPIENT: authorized signature, title and date. Also, review and complete the Resolution and Certification under title, date and signature • and certification seal. • Return the Grant ;.grecment and Resolution to Nancy Mahle 807 Trans- portation Building. Please do not remove any of the color-coded sheets. • Submit a Report of State Aid Contract (modified for Force Account Work) to the Office of State Aid, 420 Transportation Building. An Equal Opportunity Employer ' 1 September 26, 1980 Eden Prairie, Hennepin County SAP: 181-020-03 Page 2 • • The amount of the grant is 75% of the "total cost" figure on the attached Force Account Agreement. Payment will be made upon re • - ceipt of partial or final estimates of work done as the work progresses. The estimates and request for payment shall be submitted to State Aid. At least one-fourth of the work or 90 day intervals should be covered by any partial estimates. Ninety percent of the 75% state match will be released as soon as possible upon receipt of the above. The remaining 10% will be released upon inspection and approval of the completed project. A completed Grant Agreement Form will be sent to you when all signatures are obtained. The Office of State Aid is sending you under separate cover, two sets of prints and the original plan for the above referenced pro- ject." A third set of prints will be micro filmed for our•records in the near future and will be sent to you. Based on the Engineer's Estimate, we have tentatively calculated the grant to be $45,596.22. If you have further questions pertaining to this project, please contact me. Sincerely, • • • 1A141 VVV-kkik - Nancy Mahle, Unit Chief State Bikeway Program Office of Environmental Services cc: W. Penzel, Mayor _ 8. Ulstad, City Manager C. Weichselbaum, State Aid Engineer Enclosure • r,I101 1 P 791159 l t•/91 r,.e>y MINNESOTA DEPARTMENT OF TRANSPORTATION t .,; • GRANT AGREEMENT o r No?7-1094-02 • o. Account I.U. Organization F.Y. tee ewsrtion No. Vendor Nomber Type ' Terms Source S.Act Task 5.Task o�atna3 � ' —_ 583235 79050 X� Cam= �t . 0-7&cci•nl[ • I Cosl,Job or C1Ient Code • Amount Suttix Object [.. 01 712 SENp TYPE OF TRANSACTION a a ��Dal - o O • CSC) Number Entered by { ❑ ❑ ❑ by 1 A44 A45 A45 Date Number Entered Note: It encumbrance is to a specific vendor,print vendor name and address as shown into vendor file. • Vendor name Eden Prairie City Treasurer ' Address • • THIS AGREEMENT is made by dbetween the State of Minnesota,acting by and thru the Minnesota Department of Transportation(hereinafter"State")and the city of Eden Prairie (hereinafter"Recipient")xno0)exy(iA1( , • WHEREAS the State,pursuant to Laws 1977,Chapter 421,Section 5,Subdivision 2 and Laws 1977,Chapter 454,Section.3,Subdivision 9 are authorized to ' provide financial assistance far the betterment of public land for local bicycle trails to units of government as they are defined in the Acts;and • WHEREAS the Recipient is determined eligible to receive said financial assistance; • IN consideration of the mutual covenants and agreements as hereinafter set forth,the parties to this grant agreement do agree as follows: t. 14 MCAR 1.5032—Rules for S1ate•Aid operations will be applicable to the work to bf preformed under this agreement. II. The project is identified as S A.P.181-O4O-03 and located between CSAIi 'r USTH 16Lon CStiH i and Iti. Work:The Recipient or its agent wilt let&construct the bike, ay awhown in thesplans and specifications identified at�.A.P.181-020-03 which are incorporated by reference and are on file in the Cl;y nj sneer s office of thecity of Eden Yraxrie ' -. and the office of the Commissioner of Transportation. , IV. The State agrees ropey the Recipient an amount not to exceed$ as determined by the lowest responsible bid,or not mere than 75%of the total eligible costs as determined by final quantities,whichever is less,the Recipient agrees to pay all other costs of S.A.P.181-020-03 V. Any grant monies awarded,hat not required,based on the final construction estimate,shall be returned to the State for its use. . VI. The Recipient agrees to continue operation and maintenance of the constructed facility for the benefit of the public after its completion. VII. Recipient and its agent agreets)to indemnity and save and hold the State,its agents and employees harmless from any and all claims or causes of ' action arising from the performance of this agreement by Recipient or Recipient's agents or employees.This clause shall not be construed in bar any legal remedies Recipient or its agent may have for the State's failure to fulfill its obligation pursuant to this agreement. VIII. Any amendments to this agreement shall be In writing. fN WITNESS WHEREOF,the parties have caused this agreement to be duly executed intending to be bound thereby. . APPROVED: • As to form and execution by the • RECIPIENT: The City or Eden Prairie ATTORNEY GENERAL: • BY: -- ------- BY: • r•utho,i.esl Signature Authprized Signature TITLE: DATE: COMMISSIONER OF ADMINISTRATION: • AGENT OF THE RECIPIENT: BY: • BY: Authotized Signature • Authorised Signature DATE: - TITLE:_ COMMISSIONER OF FINANCE: DATE: • ENCMBERED . COMMISSIONER OF TRANSPORTATION; DEPARTMENT DEPARTMENT OF FINANCE 8 Y(' -- Authorized Signature BY: DATE: DATE: • - Copy 1 Finance Dept. - 2 Local unit of government 3 Agency Are rnntingUnit (ATTACH COPY OF RESOLUTION&CERTIFICATION) 4 Office of rn,onmrntal Attain flit irf!;tale Aid Latimer ')U,-IL• October 21, 1980 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80-209 RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS & PREPARATION OF PLANS AND SPECIFICATIONS FOR TRUNK WATERMAIN EXTENSION ON VALLEY VIEW RD. WEST OF SHADY OAK, ROAD (I.C. 51-366) BE 1T RESOLVED by the Eden Prairie City Council: 1. The owners of 100% of the real property abutting upon and • to be benefitted from the proposed lateral watermain improve- ments on the north side of Valley View Rd. from Shady Oak Road to approximately 1/4 mile west, have petitioned the City Council to construct said improvements and to assess the entire lateral benefit cost against their property. 2. Pursuant to M.S.A. 429.031, Subd. 3, and upon•recommendation of the City Engineer, said improvements are hereby ordered and the City Engineer shall prepare plans and specifications for said improvements in accordance with City standards and advertise for bids thereon. 3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby directed to publish a copy of this resolution once in the of- ficial newspaper, and further a contract for construction of said improvements shall not be approved by the City Council prior to 30 days following publication of this resolution in the City's official newspaper. ADOPTED by the City Council of the City of Eden Prairie on Wolfgang H. Penzel, Mayor ATTEST: SEAL • John D. Franc, Clerk 2t19S • CITY OF EDEN PRAIRIE, MINNESOTA t. 100% PETITION FOR LOCAL. IMPROVEMENTS • TO THE EDEN PRAIRIE CITY COUNCIL: 1 The undersigned are all the fee owners of the real property described below and herein petition for the Eden Prairie City Council to proceed with making the following described improvements: (General Location) Sanitary Sewer - X Watermain B ably?�L11- 0\--) ik ur'y -:Storm:'Sewer V1, i-W kFoik • Street'.Paving Other - Pursur:nt to M.S.A. 429.031, Subd. 3, the undersigned hereby waive any public hearing to be held on said improvements, and further state and agree that the total cost of said improvements shall be specially as- ( sessed against the property described below in accordance with the City's special assessment policies. We further understand that the ,preliminary, estimated total cost for the said improvements is . i Street Address or other Legal Names and addresses of Petitioners Description of Property to be Served _ (Must be owners of record) __hi 51 u N -v lb5 VSTAti* i ) 41 jei . • - ems — t--�= e - 1,Gi . 75 .,76,41,t, 7) t __ r/i:�jjl� �•Mi S.S_Y.1/M `�1•', a�2'-"°.11_ --- _"-"7 7b30 La(tuiok 13�e11 barZUM _KA ►sEA._ AN CpfiiMPi'74' , Mr.Ls.,n1,1 Ss-q.zio -_04.44A.. (For City Use) • Date Received 9130jg0 Project No. tj.,-C+ yLcl1 • c2g9l0 Coun`r"il Consideration i /7d 2_'0 • • , • SUITE 101 (� '7 /� ��) n EDEN PRAIRIMITCHEE. ROAD (�%JI/-2tri{.t.'.€ QfJjma/?.' (L♦W/A/' PRAIRIE.MINNESOTASS3aa rr TEL 16121641.6534 October 17,1980 Mayor and Council Members City of Eden. Prairie 8940 Eden Prairie Road Eden Prairie, MN 55344 Dear Mayor and Council: As you are probably already aware the Planning Commission unanimously approved our rezoning request at their last reg- ular meeting. It is now our desire to present this proposal to the council. Please consider this letter as official request for a public hearing as soon as is practical. I am looking forward to apperaing before you again in a slightly different capacity. In His Work,✓ William R. Bonner Pastor WRB/mah • • CTIM.PIERCE s.,../}r -"ASSOC. INC.) REAL ESTATE CONSULTANTS October 15, 1980 • Roger E. Ulstad City Manager 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Roger: re: Single Tree Office Building Rezoning - Rural to Office District On behalf of the Single Tree Office Building proponent, Willys J. Holmquist, I request you place on the City Council Agenda the rezoning of the said building. This is a 2.149 acre site on the southeast corner of Single Tree Lane and Eden Road. The zoning change is from Rural to Office District. I would appreciate Council consideration at their earliest meeting. Sincerely, TIM PIERCE & ASSOCIATES, INC. BY: Tim Pierce TP/lp 6440 Flying Cloud Drive,Eden Prairie,Minnesota 55344/Office 944.3075 '7ii 1 • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 80-205 A RESOLUTION FINDING THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR THORN CREEK A'PRIVATE ACTION DOES NOT REQUIRE AN ENVIRONMENTAL IMPACT STATEMENT • WHEREAS, the City Council of Eden Prairie did hold a hearing on October 2, 1980 to consider the Thorn Creek E.A.W. proposal, and WHEREAS, said development is located on approximately 60 acres of land in northeastern Eden Prairie, and • WHEREAS, the Eden Prairie Planning Commission did hold a public hearing on the Thorn Creek PUD request and did recommend approval of the Environmental Assessment Worksheet finding of no significant impact, NOW THEREFORE, be it resolved by the Eden Prairie City Council that an Environmental Impact Statement is not necessary for Thorn Creek because the project is not a major action which does not have significant environmental effects and is not more than of 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 SEAL • 2(4) i; G- 441 MINnh.`i�rIA t:ti.'iI. rl7Fu:Ii I'AI. ,n'nl.l'rY 111111ll'II. .. 1•:NvlI"IJFII a71'nl. n:,:,I:.:�ru.lrr i:��PI':,II'I•I' (LAW) ILL0• Lj- �4t•h C..' Alil, III VP!r'1' tn' I Mid NI Ii It' WRI'I'li IN 'I'lll:. !;IAL'li l A INU'1'I.:: '011r ple-pns,• or Ihv 1:lIvIrut r ,,I CI Ass..s.uur'nl vlutit•annrI WAN) is to pow llle inf,nntn on a pro iect. No 11.II IMO! I',e, •r:w, 3 .t .idly whether ut nr,l the prn{e,'I re.Iui rev an ctn./(t'unm•'n1.Il Impa. l :I.at eun•nl. Al(-dull tlouul pow.:, vital t: maps, et,:, d:e needed ,tm;wer Iihese Ijnast Iii. Your answers r;h•.•,i,l he a:. slan•Ifi,: a:. 1,,.••:11,i, , I ndiralu , whil h ar,�;wet:• are est in...t l•,l. 1. SUMMARY A. ACTIVITY FIND Ira: By IlE;IONSIRI.E AGENCY (I•Elt:n1N) Nuyative Declaration (No EIS) I•:1S I'rei.u-a I.ion Not<:e (I:1.S Required) B. ACTIVITY 1nFNTIFrcA'VIDN 1. Project name or title Thorn Crcuk Place 2. Project proposers) Meat Cutters li, Food Handlers Dealt 11 and W,_] are Fund qr Address 6()0(: Franca Avenue South Edina,_MN 5S435 Telephone Number and Area Code ( 612.1 920-590S p¢ 3. Responsible Agency or. Person Address— ------11 _L''duLS'.r1111i.1Uia Y'di lli.1iri,'.._l:. 55341 8 Person In Responsible Agency (Person) to con)act. for further inlonnation On this LAW: (:iris L•:nger '1'0lophone 937-22b2 4. '1'hir FAW and nl.hcr rutpporl iug dornmo,,Iat ion are ilable for public in- spe.•lion and/or copy Ill.) at: Lo„ati,+u 1:dt_n Pr_liriu Cit Nnll 'Pele.•phon„ 937_2262 Iluurs_.n 00 a_m. _ 4:30 p.m. 5. Rca,nn for FAN Preparr,t ion �`-XX3ilandatory Cat L egoty -ciao j Pr•IitIon Iner -,M,:Ltr Jolla nnmh,•r(::1 24 (b)(1)(cc)(dd) itli (development of 40 or more ,acmes any part of Which is within a floodplain) • C. ACTIVI.1'Y 14:!;(I:i 1'Plow ::iitIrtniiY 1. I'r„jert. 1,„,•11 ion lbenly l,•u,tehint'ily/l'.wn•:hip 1...mo City of 1'den Prairi,:,_.._.._ _ To, e.hil• h•unlo,r I16.__..-.(rbaIh), II,, oI• r:utoln'n I'da tit J l un JI.•Ircle r) :erl ion niwd,I•I(',) l l •;t rr, I .oLII•.,, (it in ''i l ') o I,�•t_I Algre> im,ticly t,P act',•:: in tht: nurthoo:.t rot tier of Val l+y View Ih,,nl and ll:.lh•d.ty ha). (.2S.0° 1 -. 1'}1• .,,,d .,,.•I"' 'It 1.1,1"' ^''t I,"1'''1 ' The proposed action consists of an office { and limited euinnercia.l planned unit. development on a fait acre tract. Proposed i development include:; office, office/residual i11 1 restaurant, and a racquet chili 1. c,,1111I.111,,l '.,1.1I t II„1 11 ,1.• (tll,.l:l I/y:•.n) UCt.06.•— �ttl f 1 4. 1.:,1.11u.11,d ,:lauplul 1u11 .1.11,• (IntlI./y.'.n I hc5't111111jr,.19da 11. _ I '.). I::.1 inlall•.I ,un:.tl,l.:1 Ito, r.,..' ;24f900,000 t b. LI:;t .lily f.•dt:Iaf Inn1lln,l illw,lv,.l .unl 1.11,wu putnlit:. ur uppuilvd1:; needed Y1'um call mill ul .1,v, l Iw.n1 an.l :;1a1 w1 nl &'.1..'6: 66. Unit ul' CuVc1Im00111 W„mc Ill 'I'yla; ul I•elwit/Alq,Cuv.,l SLaluti (fedulai, stale, u1 rf.I.:1.11 Puu.Lny 1 Icglou.11, I.,.:a1) _ �- EQB �� ^No significant impact In process. 1 City of Eden Prairie PUU approval 1 in process. CiLy of Eden Prairie Building permits will be applied for as I necessary after project approval. I Watershed District land alteration permit pending. 1 7. I1 federal permits, lundiuy o1 apptuval:t are involved, will a federal EIS be prepared under tin, NdliuuLI l:uviruwmuuLal. Policy Act?._K-NUYLSUNKNUWII iI I -II. ACTIVITY UESCNIITL(1t4 • A. Include the following maps or dtawings: i 1. A nap showing the leyioual. location of the project. See Figure 1 2. Iut original IA x 11 led 1.on of a U.S.(;.S. 711 minute, I;24,0UU scale map • with the activity ill project area boundaries and site layout delineated. ludicaie ywutramllu :sheet. wane, (oritlinal U.S.( .S. shout meta be main- 1 twirled by lcet,lx>n:,iblc Agnmh:y; legible copies may be supplied to uLher U/iN diulril,uLion I,uiit. .I Sec figure 2 3. A ::ketch map of the situ olnuaulg Iucat.tot of strut:tart:a and tauludiI ai t.1g11ili cant. n.tl.ura1 I c.ItuL,,,. (wa ler bodies, reads, cLi;). See Figures following i 4. Current. photos of Lhe :Ate mur:.t. be lul,,intainm9 by the Itestk,nsibltr Agency, 1 Thous:: need but lie :1ant. to ether distributiul, jaunts. t B. Present. land u:1o. I. Ili telly desci the the present ono of the :tile and laud:. adjacent. Lo (ho site. Thu situ is presently undeveloped as is ouch of Lhe surrounding land north stud east. There iu existing or proposed hark and open :space laud north and cant of the site along Nine Mile Creek. Went of the site i:. the 'III l69/212 catrider. '191cru is also a single Ludy home cast of the site and one home :south of the site. 2. Indicate the appluxiu,lte aercagus of the site that are; a. 111.1,.1n devclupe.l .O._....ICI et; t. Wetlands (Type ill IV, V) ___0 acres b. U16a1: vatit. 0 .n.'re:i y. Shoroltllld 7arrus c. luau 1 ,IeveIope.l ..._0":n ten h. 1.1„u.lplain 1fI;H.11a4:0c: d. hull.,1 vacant 9.2:?acies I. Cru,1,11 '1.a:it:ore land Q_ acres 7 j. l iii tinted �(•atLacr es • 3. l.i 4L ,1.11110:1 Jlld sl J.l':i nt l.lk.•`;, I I V.'n; au.{ s;t r e.iiir; .it ur Hear l hi' Nile, particularly lakes within !,nun flit and rivets; and litre;cmn within 300 feet.. !} ( South fork of Nine Mile Creek crosses Lhe northern portion of Lhe site. C. Activity Description 1. Poserit,e the {Ilopot;esl aertivity, iu.:}riding :;ttigin.i of develotuusnl (if any), operational cl..lidcterist i,:s, sash Major types nt equilmernt and/or llru- ceusus lu Le used. Ln. lueli' data lh.il would indicate Llle magnitude of the proposed activity (e.g. rats of production, justicer of customers, tons of raw materials;, etc}. The proposed planned unit development include:: approximately 197,000 square feel of office space; 60,0I)0 square feet of office/residential; 10,000 square feet of restaurant; and. 35,000 square feet in a racquet. cicl,. Thu design concept is based on working with the existing land form. Sloping land forms un the site will be altered Lo the minintum extent pu:sible. building types that can adjust to slopes will be used in sensitive areas and parking lots will be designed for the flatter areas. Thu development proposes to preserve much of the significant vegetation and in addition, will be highly landscaped with a continuity in the • streetscape and individual identity with each building. The development is expected to be staged over a 6 to H year period beginning aL the (can't next page) 2. Pill in the following where applicable: t 1. a. Total project area Goy acres q. Size of marina and access N q_sq. ft. or channel (water area) Length jJ miles h. Vehicular traffic trips generated per day 3,500 AD? { b. Number of housing or est. recreational units 201 I. Number of employees 1.,544± C. Height of structures 50ft. j. Water supply needed est.30,700 gal/de max Source: City of Eden Prairie d. Number of parking spaces 1L402 k. Solid waste requiring disposal 1,660 tons/yr e. Amount of dredging N/A cu. yd. est. 1. fkrunercial, retail or f. Liquid wastes requir- industrial floor space 273,1300 Rq. ft. ing treatment 38,700ga1/da • est. III. ASSESSMENT OF POTENT140, ENVIttcsul:NTAL IMPACT A. SOILS AND TOPOCRAi'IIY 1. Will the project ho It,ilt In an area with slopes currently exceeding 12.,.? •No , .Yes 2. Aso there other geologically unstable areas involved In tale project:, such as fault zones, shrink-swell soils, po;'t.Iacsis, or sinkholes? a NO YES 3.3. If yes on 1 or 2, deser ihn stop.` cnndi I inn:; or unst,hle area and any itrtanutca t.o be 115(91 IAA reduce potent (at adverse Impacts. In this proposed development, buildings ore ,,iced on the less steep :;}opal; to minimize di:Anibal:co to the SILO and l.o creole the lea:et erosion potential. The iie,jeet will he developed in ::hoes of workable size su, than. OdegU.ttc ere:inn Cootrulr can lie maintained and su that the arcs: Irin`1 dev.•toted are expu::oe{ fur the minimum time pot iod without stabilization. Permanent vegetation wilt be in:tailed assoon ..t:; pu:isible niter cout;tntcLlun. - 3 - .250L :j • I C. Act.ivit.y Du:;crij,litin (con'I) southern end of tliu l'roperty and inix3ru>,:;irig northward. When fully developed, the itojecl i.s expect Lid to (Joan ate traffic vol wiles of 3,'al° ADT. 1 • • .0711/ s ro 1. ltrl l,:.tlu :.uil,,l,l lily ul sllu •..,I l:: it,t I, ,it lal lunL, 1ntliVi,htal septll and hLm:hlnt•I, 11 these ate inel1,tctl in the l,tojeet All areas of the site have competent foundation subsoils for the proposed construction. The only area of the site with problem soils fur building is the marsh area, upon which no buildings will be constructed. liar Into the lid amount „t ,It.nlIn•I alul Ii11 i1,.1 which will be ,input est.l5Q�i QQ cu, y,l, gta.iiu'I 12:;,lXX11••n. yd. ti I I in j WI.tl t,:tatl. u! IIn sole will be so alteied7 l"' est. BO r G. Wlt,xl will be the to ximluu finished slope:;? in areas to be altered 33 tS 7. What step:; will. le L.•,A.:n to minimize soil ett,sion during and after construcl.IIII. The proposed duvclotunent is based on the concept of retaining as much of the sleep slop areas and vegetation as possible. The project will bu developed in phases to disturb as small an area as possible. Normal erosion control practices will be used durinj construction to nl.i.ninlize erosion potential. The site will be revoyetaled as quickly as possible after b. VEt L''1'A'r1t1FJ cconstruction. t i 1. Approximately what peteent of the site i:: in each of the following vegetative types: Wuodland 29_5 s Cropland/ — % 1 Pasture brush or shrubs 10 e Harsh 20.9 Grass or herbaceous 39.5 y Other — i ,(tipecify) 2. Clow many acres of forest_ or woodland will be cleared, If any? 7,6 acres 3. Are there any rare or endangered plant species or areas of wlique botanical or biological significance on the site? (See DNI( publication The Um:eulnmet onus.) 'X NO YES Yf yiii�TiL ilia st ecins or area and indicate any measures to be used to traduce lotion tat adverse iut7 eta. C. t•1511 AND WI(liiiL'II 1. Are there any designated loderal, state GI' local wildlife or fish manage.. stunt areas or sanctuaries near or adjacent to the site? X NO YES 2. Are Uwtu any known rare or endangered species of fish and wildlife an or near the silt'? (See tINIt pctl.,licat.i.On The Ilurc,nun,),t X NO AYES Ones.) • 3. Will the project alter yy/y1 cyy'yryy wildlife or fish NO XYIS habitat? 4. If yea on any of questions I-I, list the area, species or habitat, and indicate any measures lu be tise,f ttt tudune potential adverse Impact on them. Fish and wildlife habitat in the project site include mu sh woodlands and idle open lands. AN shown in t)tel)avelopment. Plan attached to this report, the m•tjorit.y of extstinl marsh and woodland:; will be Iet.aincd illicit • should minimize ,inverse effects un the wildlife )xq,ulattc,u. The site will experience increased volume:: of stuns water run-off, but ::sufficient capacity exists on site fur this .increased volume of stotul water. .2 krill D. II I I nan.Y • 1. Will the ptope.:l ludo,,• any ul Ilia tu)I,nin,1 It yu de,,•I tl'.. t •,t„1 tell Mal I nwat,ut uy lu i,'thn•c .t,1v,•t:,,. IlbI•,,,1:,. �. .t. Llt.11o.11, ut ,,tt..tat l„n „I any tnkc, pond, march, Nu YI'.S lowland ut h. :;hot.: ptuluc:lt.,, w„tk:., ,hair,, or ,like:; x c. htud,liml nr 1111 tint ,q„•t di I,nl:i X d. t'h,u u,,:l utu,l l i t r.,l I nn,:; u, d a ve t:,i ut is u. Appr.'ptiatt.on of gtuwal and/or surface water X f. Ot.h,:r changes in the course, current or Crust;.- suction of water bodies on ni near the situ X -- 2.2. What lwr,•ent of the at,,u will hu cuuvwtmt to new ijnix:rviuus surface? 30 '1 maximum 3. What measures will be taken tan !educe the vulw,,u or surface water rwt- off and/ur treat it L„ re(hiLu tellutanta (sediment, oil, gas, etc.)? The proposed development :should have normal urbanized surface run-cif characteristics. The site will continuo to drain via surface drainage to thu existing on-site march .uxf Nine toile Creek. 'There is sufficient an-site retention capacity to handle the increased volumes of run-off resulting from development of the site. 4. Will there hu encroachment into the ruyieuel (100 year) floodplain uy nun fill or etrecturus? NO x YL'S If yes, dues it canfot.n, to the local fluodplain ordinance? NO X YES S. What is the approximate minimum depth to groundwater on 0-40 tout the situ? Vat ice from thu surface in the marsh area to approximately 40 feet on the hill tops. . WP.TEIt QUinLl11 1. Will there be a discharge of process or cooling water, uanitary sewage or other waste waters to any water body or to groundwater? x NO YES If yea, specify th,: volume, the Concentration of pollutants and the water body receiving the effluent. 2. If discharge of waste water to the municipal treatment system is piunnad, identify :any toxic, corrosive or wru,ual pollutants in the wautuwul.t:r. 'Phu waste water discharged to the sanitary sower system will be normal d,nne:;tic wa,,tu geuct.tlud from „f f.ics, IeeadcnL.i.ti, and restaurant uses. 3. WIll anysledges he generated I. thu proposed project? 1 1 Y l' l p j g NO YES 11' yea, spud Iy the expected v,ltunu, chctn(aal composition ,utd method of disposal. (2SC `► I • 4. Whit nsea..ute, will be used Le minimise the volumes er impacts lduntILled in •lue..Uon:. 1-.1/ Waste water will be discharged into the sanitary sewer system. Storm water run--off will continue to drain into the marsh area on site. Natural marsh areas du pcuvidu some natural treatment to reduce the pollution levels for urban stuns water., particularly with respect to nutrient balance. b. If thu pt('ItI. iu or includes a landfill, attach information on soil profile, depth to water table, and r.t.slu•ted depth of disposal. 1••. AIR QUALI f AND NOISE 1. Will the activity cause the emission ut any lases and/or particulates into the atmosphere? No x YES It sus, specify the type and origin of these emissions, indicate any emission control devices or measures to be used, and spucity the apprexi- a mate amotults for each emission (at the source) both with and without this emission control nr:asurus or devices. During construction of the development the major emission will. be wind blown dust that can occur during grading operations on the site. The amount of wind blown dust should he minimized by the planned selective grading of the site and staged development. In the lung tern, no industrial or other significant ' • stationary pollutant sources will be located within the project site. Traffic generated by the development will be the most significant source of vollutant missions. The pnllut ntr-. emitted by vehicular traffic include (can't next: pagel 2. will noise or vibration be generated by construction and/or operation of the project? NO X YLS • 1f you, describe the noise source(s)f specify decibel levels [aiB(A)), and duration (pre/da) for each and any mitigative measures to reduce thu noise/vibration. Noise will be generated by construction equipment during the grading operation. The effect of noise on adjacent dwallings is a function of the distance between the source and the dwelling. The table below shows decibel levels • at the machine and at a distance of 250 feet. (can't next page) 3. If yes on 1 or 2, specify whether any arca9 sensitive to noise or reduced air quality-(hospitals, elderly housing, wilderness, wildlife areas, residential developments, etc.) are in Chu affected area and give distance from source. 'there is one single family residence located approximately 250 feet from the edge of the project site. G. LAND RL'SuuhiU CONSERVATION, ENERGY 1. Is any of the site suitable for agricultural or forestry production or currently in such use? X NO YES If yes, specify t11u acteagu involved, typo and volume of matkutablu crop ur wood produced sad the duality of the lauad for such use. • 2. Ate there any known mineral or peat deposits on the situ? -NO +FYI$ If yuu, verify the tyie of depo•:it and the acreaoc. 50G r. A111 QUALITY Atlll NUI:;i (CON'T.) 1. undergo a complex interaction process at the regional scale to • form photueh.auieal oxidants. Carbon monoxide is a pollutant of localirud impact. When fully developed, the site is expected to generate vehicular tral fie trips at the rate of. 3,500 N;T. 2. Noise asyociaLed with const.ruciion activity is of a tunporary nature and tchould not create permanent impacts. In addition, there are no areas which are sensitive to noise or reduced air quality in the affected area. Maximum dtA Range at liqui ,tueatt, at Machitie- 250 feet Scaper 80-D 5 64-700 Bulldozer 88-105 73- 90 Motor Grader 78- 96 63- 81 • Source: "Noise in Engineering and Transportation and Its Effect on the Community", T. Priede, Society of. Automotive Engineers, New York, 1971. T a i 1. 3. will the 1•lojacL rcuult in an inct,;a;,..J energy dematld? NO X YES C. Complete the following as applrc,blu. a. Energy tegiu remenLs (oil, electricity, gas, coal, solar, etc.) 1 i Estimated Peak bemand t t Aru,ual looms I_i .i i�i 11.) Anticipated 1 Firm Contract or Tfle la.. wr,i.a t. .:rn c mnr Nu c ll r buj,_.1.1Ur LlCcrr,j tilaie Hnsie? p Electric 6,000,0001T/Hrt600KW/Hr 1500 /WHO Nap I Minn Gas 120,000 mcf/yr_6000c.ft, i 5000c,ft.L minm,I;nsco l lnterrupt.il le n Van iuuu OF1 !back-lip only! ' Suppliers Triterrupt:ible �` --1 1 1 b. hstimatu the capacity of all propouod on-aito fuel storage. It is anticipated that the proposed devc.lupnnont will utilize natural yna; for space iceLI ny. However, some of the buildings will likely have oil back up systems chick would require underground storage tanks. 1 1 ( c. EStiflato annual energy distribution for. estimated space heating ___55 ♦ lighting 10 air conditioning 20 procosuing 10 ♦ I vuntilation 5 f d. Specify any major energy conservation systems and/or uguipe;nt i incorporated into this project. The project proposer is encouraging the use of passive solar energy devices into the design and construction of buildings on the site. 2 u. What secondary energy use effects may result from this project • (e.g. mote or longer car trips, induced housing or bu6Jrleuses, eta? The piojcct has the potential to induce additional housing into the surrounding area to .ccumnd.ctc people employed on site. On the other hand, the development could provide jobs icr area residents which could I cut down on the distance traveled to and trom their place of employment. 11. oi'1:N SPACI:/RCCPL.4T1oN 1. Aru theiu any daatgnated federal, state, comity or local recreation or open c;para areas near t.:u situ (including wild and ucnate rivers, trails, leke accesses)? NO X YES If yes, lint afeau by near: and explain how each may tin affected by the projocl. Indicate any Heabuies to be used to reduce adveruu impacta. The City of I',h,n Pi aiiit h.1:; an exi:;lill poi alrut.l.itnJ Ole site aiming Nina Bile cfrcl;, The proposed tI VcltIauela plan has lett the area along Nine Nile Creek within the mile ,1:; open ,aalce. This area has been shown in the 1979 Laud Use Guide Plan as paik 1a01. mil,/1CY • H. TwU:;I'Crhl•AT1tsl , 1. U111 the project affect any existing Orr proposed transportation ainlems (highway, railroad, water, airport., etc)/ io X YES If yes, specify which part(.) of tic :yslar'r(s) will Le affected, !Or 4 these, specify exislin l one and capacities, average traffic speed and percentage of truck traffic (if highwayir and indicate how they will be affected by the project (e.g. congestion, percentage of truck traffic, • safety, lrrcreesori Lrattic (AUft, access requirements). When fully developed, the project is expected la generate 3,500 AUT. Thu project will ocuess in two places to Valley View (toad. Valley View Road is being ut.,lraded and the project is contiguous, to the inter- change with 'I'II 169/::1. . 'Thus, traffic generated from the development will have direct access: to Lhe regional transportation si,st.em. The project will also ultimately link to Michelangelo Gardens on the north to provide a Lector local road system. • 2. Is mans transit available to the site? X NO YES (Express bus service along '1'1I 169) 3. What Treasures, including transit and paratransit services, are piannerl to reduce adverse impacts? Al this point in the development process it is difficult to anticipate what transit services are needed since the buildings are in a conceptual stage and the tenants for the later staves are unknown at this Lime.. As this area of Eden Prairie develops, there is the distinct possibility that additional bus service will be provided. In addition, many companies are encouraging van pooling and other shared ride concepts to reduce parking requirements and save energy. J. PLANNING, LAND USE, COMMUNITY SERVICES 1. Is the project consistent with local and/or regional comprehensive plans? X NO YES If not, explain: The 1979 Land Use Guide Plan has shown the majority of the subject parcel for high dennily residential and the area along Nine Mile Creek for park. The proposed develoimi•nt respects the open space along the Creek. The area north and east of the project.is shown for a mix of industrial (can't next If a zoning change or special use permit in necessary, indicate existing Parr ' zoning and change requested. The proposed development includes offices, a racquet club, and a restaurant, which are proposed to be developed through a planned Unit live.lolnlitnt. The City Council of Men Prairie approved the concept of the prolwaed dcvclolnncnt at their 19 August 1980 meeting. { 2. Will the type or height. of the project conflict with the character of the existing neighborhood? lit YES If yes, explain and describe any measures La he used to reduce conflict.n. 25 09 1.1Ji1,11111.1, 1.A1JU 111;1.1, C01.11.111111.1'Y 13111(V11.1.1S 1. and '1'llt: 1'17.1 J. rc11.1L.e Plarl Litt: 1)3sujuel te furL)11411 SI.,1"Vit:t..., ()I andII iyly Goilutturcial Ut•Cli• • • A510 • • 3. How many employees will move tutu the area to he, near tilt: proj,:el.? JOnf How much new housing will ho needed? sure uundiny area undergoing t11I,.1n developltlent i ( for housing and associated sei'viaes 4. Will tiw project. induce ,h•velrq,liu nt ne.uhy-•either support: services or similar develupnu•ns0? Possibly If yes,oxpJain typo of d,evelulnucnt and :;pecily any other counties and muuicipnlit.ios affected. i The Tii .I0/2.1 2 corridor iS 'Ocated 1, k beyond the fully developed cd,)e of the metropolitan area. The TIJ 169/232 corridor itself will induce develulauent by the fact that: it: provides access to the area. The proposed office and restaurant uses of this development: may cause people Lu reside in the area in order to be close to their S place of employment. y 5. Is there Suflrcient cal l >Iy in the t,ollowim, public st•rvis to handle i itie project and any associated growth? t Amount required Public Service for prnjact—.____—_ Suffj<sierlC_G>1>ACj.tY7 water t.et. 30,700 pal/da Yes wastewater treatment est. 30,700 —pal/da _ Yes • 1 33' trunk sewer in 1 Rawer lace a]uuj no. and Oust side 3,0001 foot __ Yes_ of site I'�'— schools ISO 11272 0 pupils Yes i solid waste disposal 138.3 toe/mo _yes e streets 0 7o miles --- —_ Yes other (police, (ire, etc) r__ City of Eden Prairie ye;; If current major public facilities are not adequate, do existing local piano call fur expansion, or is expansion necessary strictly for this j one project and its associated impacts? 1. . 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 f:OCT ENO —_YES If yes, Specify which area or plan. 7. Will the project involve the use, Irau,p,n'tatm oo, storage, release or disposal of 1•otont.iatly ha7.anloa'< or toxic liquids, solidsr on laueona Snhslamrs Such as pent Ir mien, radioactive wastes, I,,,tsien!. etc? Ni) YES If yen, please specify the Subst.anc,' and late of 'twine and any nu•a!utes In he takers to minlmizc: adverse environmental impacts; from accidents. .2511 B. When the p,ujcet has served its useful life, will retirement of the facility ie(uire special measures or plans? X NO YES If yes, specify, K. HISTORIC RESOURCES 1. Arc there any mtnrctures on the site older than 50 years or on federal or state historical registers? x NO YES 2. Have any arrowheads, ',Jittery or other evidence of prehistoric or early settlement been found on the site? x NO YES Might any known archaeotoyle or paleontological sites be affected by the activity? X NO YES 3. List any site or structure identified in 1 and 2 and explain any impact. on them. L. OTHER ENVIRONMENTAL CONCERNS Describe any other major environmental effects which may not have been identified in the previous sections. III. OTHER MITIERT IVE MEASURES Briefly deseritar mitigative measures proposed to reduce or eliminate potential adverse impacts t.het have nut been described before. 1. Standard engineering and construction practices will be utilized to minimize the impacts on the environment. 2. Buildings and roads have been placed on the site to cause the minimal amount if disruption to existing vegetation and steep slopes. 3, Onsite inspections by City Staff during grading and construction will he conducted to insure proper erosion control to minimize and eliminate adverse impacts. V. f•1NI)IN,'; '1'11e project. is a private I g,ivI1111.11• .1,,1 ( A l_ action. The tart ,11131h1.e A,tettCy (Pet son), aft,•r cons i,irral.ion ui the in fin mat in in this i:AW, and Lim factors in Minn. Reg. Mt.:ti 2'., wakes the following I 1. 'rho project f ( ) in n.•t ( X ) a ula j•.1 act inn. St.11• rr„,n,•I: 'I'hr project provide:: or development of the subject project in a manner consist.aut. with 1cgiulwl Man., apprupri.lIc for an urea impacted by highway nui :e and which has hues approved in cuucepL by the city, in a manner which will but iced Lu siiitlificant. to ix.Levers file negative environmental impacts. 2. Cil.• or );orf dac:; ( thres n„t g ) ., „ paten:i.+1 !nor .1: ;Ili t Ic.nlr CIIvf r e rin`nt al off"tis. State The proposed development allow:; for the protection of valuable and sensitive aleau through preservation of open space, control of erosion and sedimentation, and retention of overall drainage patterns. Minimi- sation and ,Ipliropri_ato: mitigaliun of impact is to lee ensured through the adopted policies and permitting processes of local and.other agencies. 3. (For private actions only.) Tite project in ( ) is not ( )_of more than • local significance. State Rt'a:tolls: The proposed development is entirely within the boundaries of the City of Eden Prairie and is essentially consistent with local and regional plans. • TV. CONCLUSIONS ANTI CERTIFICATION NOTE: A Negative Declaration or EIS Preparation Notice is not officially filed until the dale of publication of the notice in the RIC tortltor section of the Minnesota State. Regi ter. Sulunittal of the I-AW to the I:(1C conitt.it:utes a re\luent for 14011tcation of nonce in the P'C Monit_�tr. A. I, the undersigned, am either the authorized representative of the Responsible Agency or the Responsible Parson identified hrlew. Based on the above I hidings, the itrsponsible Agency (Person) make:: the following conclusions. (Cotui,lels either 1 or 2). NEGATIVE DECIAItATION NtrftCr No lit; in needed un Britt project, hocrm::r file project is not a f. major action and/or dots not- have the pot,'nfinl for IIi,pttficant 111g environmental off,'rt); ,uol/ur, for piivrat,. actions only, the project. is hot of mote than local nignifl,:anee. 11 - , 13 • 2. KIS PVJJ AIIATlt+;l tarf1Cf: .�_ let EIS will be pn:timed on this protect boc.usae tine project'is a el:sjor action and has line potential for nigntlleant environmental • effect:;. Fur private actie.nu, the project: is alrto n1 more titan local niynil'icance. a. The 19:')C Pulpy provide that physical construction or operation of the project must stuy, \Jhl'll .111 Et!.; is requi rest. In st't.'cia1 oireuppitances, the t-ME4C cmavec1fic:rll Authorize limited construction to begin or continue. If you feet there Are speciAl ctrcumst+wces in this project, specify thin extent of tuogreu: recomn.toded anti the readuna. ) b. Dale Draft EIS will he Submitted: (month) (day) (year-) (f1EQC Rules require that the Draft EIS be submitted within 1'l.O des of publication of the ETS Preparation Notice in the EQC. fiouitot, 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 Chairtnart.) C. The Draft EIS will be prepared by (list Responsible Agency(s) or l'er'tion(s))1 Signature ROPE K. Ulstad, City Manager Title Date D. Attach an affidavit certifying the date that copies: of this EAW were mailed to all point:: on the official EQC dis:1 rilnsliun list, to the city And county directly Inti+acted, and to nd)acent counties or municipalities likely to be directly impacted by the proposed action (ref"r to question 1II.J.4 oil pane 9 of the FAW). The affidavit. need be attached 'v11y to (Ito copy of the EAW which is vent to I lie EQC. C. Silting ynucoduren for Rs3_ Mcn.for. Puhliciiion State agency Attach to the EAW went t., the R;i' a completed osp 100 UNLIT form (State Itegiater Opines) order Form--•avaitahie .it Central Stimuli, rot ih•;t I act iun•i, please contact your A toncy'e Lininon e111 i'.•''r 10 the estate 1c44l':I4'r or Ih„ nil ice of the state ho.yir.l,`I -lt,l;l .^lii-N2i.s 12 _ 25` t i I «..w,. I 1 1"/1111.111...• ff1 1 a y F w ANOPA CO .,,•u.,... I. 4 '1•' `/, '�,tc. WASN.N4ION CO` — N.NNVIN Co " .' �,ti.'i�? ....«. I ' J,+ lb • In. •. " Y�r l,.L.:, 1 I 11 I ( .,.. 1,' f . ..t.I 1,..'M �'•••( I' Pauatr CO ( , I— �— T.��.u.,. .............. ft "\t1 I •' ¢� ;, . 6{. *Milt... I .,ol•..,.,I, I ..n„/««•' �';�.)r t - e•.n.... St, . 16Y. -} , ' 1 ---�,,, if l j p:;..,.t. .;j_ rl I .I. .�.l f I 1 I prry•,1r� .iu. I,..u.�Y'\�V I1 1.._ ial..Y. -,l .'iN.1 I. �hI•I , .-.,I'V.tyc .�. t'u .�I«.... 1 (J• • ' �.1. 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Place '.•••,..> • ki ; Ttlevtill(lei cvycgdR (alnect ions .../1• j i.,, , -... „ 0 ..i&..ci ‘., Y • 7', ..,•'z:..,•47,, ;) .,,e/4 ...„..s., Meat Cutters Pension Fund .....1 , .".*!'''',' • -, -''/,-.7'•••'.'. . •I • ,. • . , • ••• 7.0 Eden Naval, Mn, •re . ...... ...• ri 1 I, '. o 1•••• 12 1 ,‘ Howard Dahiceen Associates 0 • /i "Ci• L, , 1 i • , Land ItinnIng Consultants A .11 r.--ii F3 Mills. M 4 nc5Ola N t :•:i • A)).,2 . , ... EXHIBIT B _.. ( MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer OATE: October 16, 1980 SUBJECT: License Agreement with CNW Railroad Co. Attached is the revised form of license agreement between the City of Eden Prairie and the Chicago and Northwestern Transportation Company. The license has been revised to specifically delete any indemnity by the City of the railroad for the railroad's own acts or omissions and to require the City to construct appropriate warning signs. Mr. Pauly's office and the railroad's attorney have approved the changes made. .Recommend approval of said license agreement. • CJJ:kh Attachment Ir • October 16, 1980 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80-2I0 RESOLUTION APPROVING AGREEMENT WITH CHICAGO NORTHWESTERN TRANSPORTATION CO. FOR CO. RD. 4 BIKEWAY CROSSING BE IT RESOLVED, by the Eden Prairie City Council as follows: The attached license agreement with the Chigaco and Northwestern Trans- portation Co. for the Co. Rd. 4 bikeway track crossing is herein approved and the Mayor and City Clerk are herein authorized and directed to sign said agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk _ • F of IA 703E11'n4e 1 . r Revf,rd 1977 ' I 1 CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY(hereinafter called"Company")hereby licenses CITY CP �l PRAIRIE, NINI E:SCTA (hereinafter called"licenux")to construct.muntain and use, a bicycle end hihan1 path and over and across the track (hereinafter called"facility")upon the property/of the Company at Elan Prairie. riltllenota in the location and position,and in accordance with the specifications shown on map dated • September 11, 1979 hereto attached marked Exhibit �An and,by this reference,made a part hereof. • The foregoing license is given upon such express terms and conditions as are inserted below,as well as those contained upon the subsequent printed pages,and should the Licensee at any time violate any of said terms or conditions,or use or attempt to use said facility for any other or different purpose than that above specified,then the Company may.at its up- ( non,immediately revoke this license. The foregoing license is subject to the following conditions: The Licensee shall at all tines keep said facility in a proper and q see condition for the operation of trains, engines and cars thereovcr, and 4N for the performance of the duties of the Cone nyis employees, agents and officers thereon, by keeping the facility and flange ways free and clean at all times of all foreign objects or substances. Licensee shall erect, maintain and keep in good repair appropriate warning signs relative to use of the facility. • Notwithstanding any other provision to the contrary, Licensee shall not be liable for, nor hold the Company harmless from, any and all claims, demands: lawsuits, or liability for any loss, damage, injury, and death, costs.and expenses attributable to the Company's acts or omissions. First. The work of construction and maintenance shall be done and completed in good and workmanlike manner at the sole expense of the said Licensee.Said work shall be done in such manner as in no way to interfere with or endanger the 1 use of the property or tracks of the Company,or the operation thereon of any engines,cars or trains.The Chief Engineer r • of the Company shall have the right to inspect such work from time to time and to require such changes to be made as will in his opinion decrease the hazards incident to said facility;but any such inspection or required changes or any failure tow In. spect,or to require changes to be made,shall not clfea any of the obligations assumed by the said Licensee hereunder. 5a(, } . form?n]G Page 4 (iev.1977 , ' ff r Second.The said Licensee shall bear the cost of all protection which the Company may require for Its tracks or pro. I perry during construction and maintenance hereby authorized and of all repairs,changes,additions or betterments to said i i Company's track or property made necessary on account of same.if in the judgement of Use Company it shall be necessary • , to provide support for its tracks during the work of construction or maintenance the Company will provide such support,and the entire cost thereof will be paid by the said Licensee promptly upon receipt of bill therefor. ( s. Third The Licensee shall pay all taxes,general and special,license fees or other charges which may become due or which may be assessed against the premises of the Company because of the construction,existence,operation or use of said facility',the Licensee,or the business conducted in connection with said facility,and shall reimburse the Company for any such!lies,license fees or other charge which may be paid by the Company promptly upon the presentation by the Company of bills therefor. Fourth.The said Licensee will give to the Chief Lngineer of the Company at least ten days'notice in writing before en- i tering upon the right of way of the Company for construction purposes,or for the purpose of making necessary repairs.The Company reserves the right to judge of the ncessity of repairs to said facility,and to require the Licensee to mike such repairs upon ten clays'notice in writing.In such case,said Licensee may enter upon said right of way without the ten days'notice above referred to,and shall proceed forthwith to make such repairs,and upon failure to do so within ten days,the Company shall have the right to make said repairs and collect the entire cost thereof from the Licensee.The Company reserves the right, in case in its opinion the safety of its tracks or property demands it,to make emergency repairs without notice to the Licensee and to collect the cost thereof from Licensee as herein provided. Fifth.. Licensee agrees that in the construction,maintenance,and use of the facility,it will comply with all applicable laws,including.but not limited to,any laws,standards,regulations,or permit requirements relating to environmental pollution or contamination;and Licensee agrees to indemnify and hold harmless the Company from any and all claims,demands,lawsuit, or liability for loss,fines,damage,injury,and death and all expenses and costs,including attorneys'fees,resulting from or ails- ing out of the construction,maintenance,or use of the facility,including any discharge or emission therefrom or for the viola. lion of any law,standard,regulation,or permit requirement relating to environmental pollution or contamination. d Sixth. It is understood by the Licensee that said facility is subject to and may increase the dangers and hazards of the !{ operation of the railroad of the Company,and that this license is subject to all risks thereof.Therefore,and as a material con- sideration to the Company for entering into this license and without which.the Company will not enter same,the Licensee j agrees to assume and pay for all loss or damage to property whatsoever,and injury to or death of any person, or persons whomsoever.including all costs and expenses incident thereto,however arising from or in connection with existence,constru• tion,maintenance,repair,renewal,reconstruction,operation,use or removal of said facility,or any defect therein or failure thereof,or the failure of the Licensee or members,officers,agents or empinyees of the Licensee to abide by or comply with any of the terms or conditions of this license;:tnyj}jrcrt.jclvsaoclwxeer;usebandfas••tSimarg7exy:afia:Ktt:slaropy24trvwF-YOr I� litttnIJS9KYtl3i Y}J3::i{Li]t}tilwtit}hub}[S.aTissEtK161{6YiiGlj'.`7Xcl".r4 itPt;f0S.;eiMgi:NTijliliN4SSHoi1'fiNX&IC ritilk3 lss$, creenxhxizar:rheni exdiromfAli-komparty%xlinemd:roydtare,•erastaRope aitettrui'zdxba'atA Notice to or knowledge by the Company of any act or omission by the Licensee which is or night be a breach by the Licensee of any of the terms or condi- tions of this Agreement to he performed by the Licensee,and the acquiescence by the Comppny in or to such act or omission, shall neither he considered to relieve the Licensee of arty obligation assumed by it under this paragraph nor be considered to be a waiver or release by the Company of any rights granted to it under this paragraph. Sc.'venth.The Company reserves the right to use,occupy and enjoy its tracks,property and right of way,for such pur- pose,in such mariner,and at such time as it shall desire,the same as if this instrument had not been executed by it.If any such use shall necessitate any change,repair,renewal,renrovalror relocation of said facility,or any part thereof,the Licensee shall perform such work at such time as the Company may approve and if the Licensee fails to do so such work stray he per• formed by the Company at the expense of the Licensee and the said Company shall not be liable to the Licensee on account of any damage growing out of any use which the Company may snake of its tracks,property and right of way. In case any of the terms or provisions of this license have been performed or carried out prior to the actual date of execs• tion hereof,it is understood and agreed that this license shall nevertheless be of the same force and effect as though same had been executed try the parties prior to such performance. hi marl rJa1 Z • V3..01 Fl).1977 Eighth. The Company shall have the right at any time to revoke this license by giving thirty days'notice in writ- ( ins to the Licensee and at the expiration of the time limited by said notice,or upon any other revocation of this license,the Licensee shall promptly,and in the manner directed by said Chief Engineer,remove all construction hereby authorized from the premises of the Company and leave said premises in the same condition in which they were before the installation of the same.Upon default of the Licensee so to do,the Company may remove the same and restore its premises, and the Licensee will promptly pay to the Company the cost of doing so. Ninth.. The waiver of a breach of any of the terms or conditions hereof shall be limited to the act or acts con- stituting such breach,and shall never be construed as being a continuing or permanent waiver of any such terms or conditions, all of which shall be and remain In full force and effect as to future acts or happenings,notwithstanding any such waiver. Tenth. This license is personal to said Licensee and is not assignable or transferable,without the written consent of the Company being first obtained. Eleventh.-)n consideration of the Company's giving to the Licensee the rights and privileges above specified without any charge therefor,the Licensee,by the acceptance of this license,hereby agrees that it will not levy or assess any special tax or special:assessment against Company or against or upon Company's properties for the construction or use of the im- • provement of which said facility is a part; and,the licensee hereby forever indemnifies Company against and agrees to save Company harmless from any and all claims,demands,lawsuits or liability whatsoever for any such special tax or special assessment.If,notwithstanding the foregoing provisions,any such special tax or special,a1sessment shall be levied or assessed upon or against said Company's properties,the Company shall have the following elections,to wit: • (a) Company may make such payments as may be necessary to satisfy and discharge any liens for such special tax or special assessment and in case of such payment the Licensee agrees to make repayment on demand with interest at the rate of five per cent(5%a)per annum from the date of such payment so made by Company. (b) Company may file this license agreement for recording in the office of the Recorder of Deeds of the county in which said properties are located and such filing shall constitute a complete discharge and release of any lien against said Company's properties for such special tax or special assessment. (c) Company may terminate this license by)ding notice of termination with such Recorder of Deeds•for recording and forwarding a copy thereof through certified or registered mail,postage prepaid to Licensee whereupon all rights, privileges and interests herein granted to Licensee shall immediately cease and determine with the right of Company to make immediate re-entry and without any further obligations'or any liability on the part of Company in respect to any payments, setoffs, counterclaims, recoupment, crossbills or cross demands. All rights,remedies and elections of.Company shall be,cumulative. • Twelfth 'Licensee further agrees that there is no benefit to the Company'sproperties,either for railroad use or for • any possible use in tire future,from the construction of the facility or project of which said facility is a part. • • • • arag Form 2036 age 4A Rev.1977 • •In Witness Whereof this instrument is executed this day of , 19 ATTEST: CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY • By Assistant s"""' Vice President - Engineering Pursuant to authority granted by resolution of the of the CITY OF EDEN PRAIRIE, MINNESOTA, adopted The undersigned,the Licensee mentioned in the foregoing license,hereby accepts the same subject to the terms and conditions therein stated. CITY OF EDEN PRAIRIE, MINNESOTA ATTEST: BY (Seal) Mayor City Clerk APPROVED: Form Anomey Engineering ►SSISTAXT CHILE WINER land Interests Operation -% - . .. ... _ . .... . . . . _ I . 1: 1 t-,-;...; . , j; . 1 Z •Z \J• . 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I : ‘,j)tt,j,,i < Q. • . <V: \s. \ , • ,...: _kr! • • \i \'. \ r 1 . . / . . . • 2 • 5- 0 October 21, 1980 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80-211 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVER- TISEMENT FOR BIDS (I.C: 51-392) WHEREAS, the City Engineer, through Rieke Carroll Muller, Assoc., has prpeared plans and specifications for the following improvement, to wit, I.C. 51-392, Utility and street improvements in Sunset Trails and has presented such plans and specifications to the Council for approval: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The adver- tisement shall.be published for 3 weeks, shall specify the work to be done, shall state that bids will be opened at I0:00 o'clock A.M. on Thursday, November 20, 1980, and con- sidered by the Council at 7:30 o'clock P.M. on Tuesday. December 2, 1980, in the Council Chambers of the City Hall, , and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on • • Wolfgang H. Penzel, Mayor ATTEST: SEAL • John U. Frane, Clerk MEMO • TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager • FROM: Carl Jullie, City Engineer DATE: October 16, 1980 SUBJECT: T.H. 5 Frontage Road Continued Public Hearing I.C. 51-336 The original hearing for this frontage road project between Fuller Road and Co. Rd. 4 was held by the Council on August 5, 1980. Since that time we have had additional conversations with some of the property owners who expressed that a major concern of theirs was the potential for installation of channelized left turning and bypass lanes on T.H. 5 at Fuller Road. In response to this we requested MN/DDT to check the intersection and advise ' us of anyPossibilities. The attached letter of September 15th is MN/DOT'S response. We have reqeusted that they proceed with the "painted median" as soon as possible. The Birchwood Lab Co. and the E. A. Sween Co. may be able to resolve some agreement between them wherein the parking lots of each company could be tied together so that both could have access to Co. Rd. 4 via the re- cently constructed driveway on the E. A. Sween property. This would resolve their access problems but the other companies along Fuller Road will still be lacking good access. The Council did request that we look at other alternatives in lieu of the proposed frontage road. It appears that the proper solution should be the extension of Fuller Road south of Co. Rd. 4. We will, however, need more time to examine the cost and assessment benefits for this alternate and since it will involve additional property owners we recommend that the Council close the present hearing and direct the staff to prepare a new feasibility report for the Fuller Road extension, which we will try to complete within three months. CJJ:kh Attachment 2 i5,?;2 I 4, ;� 4 Minnesota ( n 1 ,_.F1 4 Department of Transportation District Five 5801 Duluth Street • of TO Golden Valley, Minnesota 55422 (612)5453761 j September 15, 1980 Mr. Carl J. Jullie Director of Public Works 9850 Eden Prairie Road ' Eden Prairie, MN 55344 In Reply Please Refer To: C.S. 2701 (TM. 5) At Fuller Road ' Dear Mr. Jullie: ' We have investigated the traffic accidents at the above location. We confirm that we have records of 26 accidents at this intersection since January 1, 1977. ( We rank all intersections located within our district, which annually experience five or more traffic accidents, by accidents per million vehicles. The following is a comparison of three intersections in this same gen- eral vicinity. Two of these have signals and channelization. - T.H. 5 at Fuller Road: • 1977 = 112th out of 221 intersections ranked. 1978 = 220th out of 261 intersections ranked. • 1979 = 160th out of 240 intersections ranked. T.H. 5 @ CSAH 4 1977 = 39th 1978 = 127th 1979 = 83rd T.H. 5 @ Mitchell Road 1977 = 108th 1978 = 22nd • ( 1979 = 53rd An Equal Opportunity Employer 1 rA�] • Mr. Carl Jullie September 15, 1980 • • Page Two Based upon historical accident data developed from Before/After Studies at similar locations, we find that the expenditure of a large sum of money ($150,000.00) for protected left turn lanes cannot be justified. However, we could use "painted" channelization to provide a "left turn lane" for westbound traffic. The use of thermoplastic material, instead of paint, would be more durable. There is a westbound bypass lane inplace and we will investigate this lane to determine whether it has the structural strength to carry the heavy commercial thru vehicles. The preferred method of applying thermo striping, in a situation such, as this, would be to overlay T.H. 5--within the limits of the project and apply the striping material to'the "hot"`mat. If you have any further questions concerning this matter, please contact.me.at 545-3761 Ext. 144. The matter of the speed zoning west of Mitchell Lake is being investigated at this time. The results will be forwarded in a separate letter. Sincerely, ik-Aarulle7/ " R. Michel Roabinson District Traffic Engineer • Enclosures • a534 5 ,T 2942 lb 791 .. Collision Diagram Minnesota Department of Transportation • ...Lcation: C•S.97e7/ T./.S ft Id/er h',.1 M,R 4,8.23/9 Time Period: /-/•77- '7-/-80 Prepared by: Diro.+/CAer.eir.,�i Date: 9-/a'PO No.of Accidents'77 7A 79 RO I Fatal- C) l) O . . .. . .. . A Injury- t r , 1.CD / . , . B Injury- t r 7 n i • C Injury- 2 i / o 1 Indicate North Injury Total- 5 ; 9 0 1 Property Damage-y 3 s 2 11 Total Ace.- ? 6 9 2 11 wCR i . _ . 13 • OThey g: Properfy Darsaje _ /9777 ewe A: Persona/ Injury Iy78: • p: FafaI /979= /980: e __--) Motor Vehicle Moving Ahead Light: Weather: Surface: H Motor Vehicle Backing Up L=Daylight(1) C-Clear or Cloudy(1 or 2) D=Dry(1) Motor Vehicle Out of Control DN=Dawn(2) R=Rain(3) W^1.'et(2) Du=Dusk(3) S=Snow or Sleet(4 or 5) S=Snow or Ice(3 or 4; Pedestrian D=Dark(4,5 or 6) X=Other or Unknown X.Other or Unknown ABicycle/Moped X=Unknown ( Motorcycle Example of Bicycle/Motor Vehicle Accident: Q Fixed Object Injury Fatal Ace. 0 Property Damage Acc. Type ge: A 64.78 Du•C•D �'^��Rear End co 0 A Injury Acc. j Property Damage v B Injury Arc. _ I. Night Angle Date-Time Light-Weather-Surface • O C Injury Acc iy B Injury 9�-J J�- MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: October 16, 1980 • SUBJECT: Lake Idlewild Drainage Outlet I.C. 51-385 Per Council direction at the Oct. 7, 1980, public hearing, the attached notice was mailed to the property owners advising them of..the..continued hearing and the preliminary assessment roll. Also attached is a copy of our response to the Rosemount, Inc., letter of Oct. 7. We are continuing to talk with the adjacent property owners to determine what the best normal lake level should be. We hope to have a recommenda- tion for the Council by Tuesday evening. CJJ:kh Attachments CiiY0FHCES/C95OEDENPRAIIIIE ROAD/EDEN PRAIRIE,MINNESOTA55344/TELEPHONE 1612)937-2262 *4. ......VF ( r , „ S j ( r 4. 4 October 16, 1980 1 s Rosemount, Inc. • 12001 W. 78th St. Eden Prairie, MN 55344 i Attn: Ernest W. Echols I Re: Proposed Drainage Outlet for Lake Idlewild IC. 51-385 i s 1 Dear Mr. Echols: 1 Please accept this letter as a response to the points of concern raised in your letter of October 7, 1980, to the City Council, regarding the proposed drainage outlet for Lake Idlewild. 1 1 1. The existing culvert on the W. 78th St. drains from north to south and therefore is not properly effective as an outlet ! pipe. The reason the culvert is totally submerged at the present time is that the drainage path to the north of W. 78th St. is blocked by higher ground and not because this culvert is plugged. 2. With respect to the filling of the lands adjacent to the pond, we talked with Mr. Bob Obermeyer from the Riley-Purgatory Creek Watershed District. He said that all such filling is above the ordinary high water level and has not affected the planned storage capacity of the pond. Therefore, the filling work is in accordance with the Watershed District's policies. It is interesting to note that we have a 1953 aerial photograph which shows the pond to be as full then as today. This was, of course, prior to construction of I-494, Photo Mark Co., or any filling around the pond. 3. Our consulting engineers' cost estimate for this project is $72,400. We agree that this estimate seems quite high as compared to the 1976 estimate of $42,500. Upon the letting of bids we will of course have a much closer estimate and most likely we can then lower the proposed assessments. In the final design process, assuming the Council orders this project, we will make every effort to minimize the project cost and resulting assessments to the drainage district. 1 i 21 • Rosemount, Inc. - 2 - October 16, 1980 Thank you for the constructive comments of your October 7 letter and please call my office if you have additional questions or comments. Thank you, CITY OF N PRAIRIE Carl J. J lie, P. . Director of Public Works CJJ:kh 25 7 '-t CITY DFFlCES/8350 EDEN PRAIRIE ROAD/EDEN PRAIRIE.MINNESOTA 55344/FELEP116NE 18121 R37.22&2 �. a.; ; i4 y ni ; Oct. 15; 1980 c i i TO: Property Owners'in Lake Idlewild Drainage District RE: Continued Public Hearing for Proposed • Drainage Outlet Improvement, I.C. 51-385 • On Oct. 7, 1980, the Eden Prairie City•Council conducted a public hearing for the proposed construction of a storm drainage pipe to provide a per- manent outlet at the northwest corner of Lake Idlewild. The Council continued this hearing to 7:30 P.M. October 21, 1980, at the City Hall. The Council further directed that the property owners involved be given a copy of the estimated cost distribution for the project. Accordingly, enclosed please find a copy of the preliminary assessment roll showing the estimated cost to be assigned to each parcel which is in direct proportion to the amount of surface drainage area of such parcel to the entire drainage district (85.3 acres.) The recommended assessment spread would be over 17 years at 8.5% interest. Special assessments are collected in the same manner as for real estate taxes, with payments beginning in 1982, The average annual and monthly costs per $500 dollars of assessment breaks down as follows: Year Balance Principal Interest_ Total Average ' ( -(8.5 Annual Monthly .Payment jyment 1 500.00 29.41 • 2 470.59is 40.00 69.41 5.78 3 441.18 is37.5D 66.91 5.58 4 .411.77ii 35.00 "64.41 - 5.37 5 382.36 si32.50 61.91 5.16 6 352.96 ii30.00 59.41 4.95 7 323.55 ii27.50 56.91 4.74 8 294.14 si25.00 54.41 4.53 9 264.73 " 22.50 51.91 4.39 10 235.32 ii20.00 - 49.41 4.12 11 205.91ii 17.50 46.91 3.91 12 176.50 • " 15.00 • 44.41 3.70 13 147.09 • si 12.50 • 44.91 • 3.49. • 14 117.68 10.00 39.41 3.28 15 88.27 • 7.50 36.91 3.08 16 58.86 ii5.00 34.41 2.87 17 29.45 ii2.50 31.91 • 2.66 ii We are also reconnnending that the Council consider offering a deferment for single family homesteaded property as noted on the preliminary assessment roll. 1 _ Thank you and please contact the Engineering Dept. offices if you have any auestions. ajEdf Lilq V ,..... Carl J. Julie, i .f. 24,N TABLE 1I PRELIMINARY ASSESSMENT ROLL L I.C. 51-385 ASSESSABLE DESCRIPTION OWNER ACREAGE ASSESSMENT 11-116-22-34-3 N. L. & R. J. McDonald (1) 0.59 6 501 11-116-22-34-5 Foto Mark. Inc. (1) 0.62 526 11-116-22-34-6 Foto Mark. Inc. (1) 2.00 1,698 14-116-22-11-2 Eden Prairie Presbyterian Church 5.00 4,244 • 14-116-22-11-3 Minn. Protective Life Ins. Co. 0.50 424 . 14-116-22-11-4 Minn. Protective Life Ins. Co. 0.50 424 14-116-22-11-5 Minn. Protective Life Ins. Co.(I) 0.22 187 ' 14-116-22-11-6 Richard A. Lynch (1) (2) 0.15 127 14-116-22-11-7 Thomas L. Greenwood (1) (2) 0.15 127 14-116-22-11-8 Junette H. Sorenson (1) (2) 0.15 , 127 14-116-22-11-9 Wayne R. Pugh (1) (2) 0.15 127 14-116-22-12-1 C. A. Anderson 4.91 ' 4,168 14-116-22-12-3 Francis L. Loerzel (2) 1.00 849 ' 14-116-22-12-4 C. A. Anderson 1.65 1,440 14-116-22-12-8 Robert R. Kooiman (2) • 0.88 747 14-116-22-12-9 American Baptist Homes of Midwest . 0.70 594 14-116-22-12-10 Hinn. Protective Life Ins. Co. (1) 3.68 ' 3,124 • 14-116-22-13-2 Richard F. Singlet 1.20 1,019 { 14-116-22-13-B Jesco. Inc. 5.69 4.830 14-116-22-13-13 Calvin & Helen Anderson 2.88 2,444 14-116-22-13-15 W. Gordon Smith Co. (1) 0.50 424 • 14-116-22-13-1B Manfred A. Beckman (2) 6.50 5,517 • 14-116-22-21-2 Rosemount, Inc. 3.38 2.869 14-116-22-21-3 Rosemount. inc. 10.75 9.124 14-116-22-21-4 Rosemount, Inc. 0.82 696 14-116-22-21-5 Rosemount. Inc. (I) 21.0 17,824 14-116-22-23-2 John K. Teman 0.69 586 14-116-22-24-1 Walter J. Peterson (2) 0.77 654 14-116-22-24-2 Bert E. Menke 0.58 492 14-116-22-24-3 John K. Teman (2) 0.73 C20 14-116-22-24-4 Ernest Martin (2) 0.46 390 Hwy 169/212 MnDOT 5.40 4,583 Fire Station City of Eden Prairie 1.10 934 • TOTAL 85.39 572,400 (1) Assessable acreage based on less than total acreage of parcel • (2) Indicates single family homesteaded property. Assessment to be deferred for 5 years. Future payments based on same rate plus interest not to exceed SOB of principal. (3) Storm sewer assessment; 05.30 acres N 5848.77/acre • $72,400. 7 .25110 - i Planning Commission Minutes Approved September 22, 1980 All members present. D. DOLEJSI ADDITION, by Joseph Dolejsi, Request to rezone 2 acres from Rural to R1-22 and preliminary plat. Located at 6445 192nd Avenue West. A public hearing. The Planner reviewed the proposal, stated that Mr. Dolejsi has obtained the variance he needed to plat a lot without public frontage. Levitt asked if there would be any future problems with sideyard setbacks. The Planner replied no. Bentley asked if the proposal was 1 lot, The Planner replied yes. Bearman asked if anyone was present and would like to comment on the proposal. No questions or comments were raised. Motion 1 Bentley moved to close the public hearing, Sutliff seconded, motion carried 7-0. Motion 2 Bentley moved to recommend to the City Council approval of the rezoning from Rural to R1-22 as per the staff report of 9/16/80 and the plat dated 8/27/80. ,0 Retterath seconded, motion carried 7.0. Motion 3 Bent ey moved to recommend to the City Council approval of the preliminary plat dated 8/27/80 as per the staff report of 9/16/80. Sutliff seconded, motion carried 7-0.- 2/PUI STAFF REPORT TO: Planning Commission FROM: Jean Johnson, Assistant Planner DATE: September 16, 1980 PROJECT: DOLEJSI ADDITION LOCATION: 6445 192nd Avenue West REQUEST: 1. Rezoning from Rural to R1-22 2. Preliminary plat • 3. Variance approval for less than 100' on public road from Board of Appeals BACKGROUND The 1968! 1979 Comprehensive Guide Plan illustrate the site as low density residential. The Hidden Glen PUD depicts the 2 acre plat as 4 future single family lots and roadway. The variance request (#3) was approved by the Board of Appeals at their 9/18/80 meeting. EXISTING SITE CHARACTER The 2 acre site is heavily wooded and contains the original farm homestead with related outbuildings. ORDINANCE REQUIREMENTS: RI-22 DISTRICT Minimuni lot size 22,000 sq. ft. Minimum width 100' Minimum depth 180' The proposed plat meets all the above requirements. ACCESS A 40' easement, approximately 825' long is shown as access to' the 2 acre piece. Approval of this temporary access (until Hidden Glen development provides public street access), is subject to Board of Appeals decision. FUTURE DEVELOPMENT jdlicri tliispr-Doii of Hidden Glen returns for zoning and platting approval, the plat will be provided with access to a public street and the possibility of future lot division. See sketch on page 2. • • Memo--Dolejsi Addition page 2 O IM JM W Jr4Lt , stir I I m 1 , k, �-W � I — n t a I .. • t:. / sz.osx. • I� r—`; ' „,%I •, I Wit • / Z _ 'i ./so ��\ 'rzrxj, pN l —L_ 'is/• a:,, /aox, .f)t" si r`-- ____; - D I CASH PARK FEE As the lot created has an existing home on it, no cash park fee payment is necessary. Any future division of the 2 acre piece for additional housing units will be t subject to cash park fee payment. RECOMMENDATIONS The Planning Staff would recommend approval of the Dolejsi Addition. JJ:ss 25-u3 y 1 AUGUST 27, 1980 3 TO: Mayor And City Council of Eden Prairie SUBJECT: Prelimninary Plot and Rezoning Hearing Request(See Attached Maps) . Property Identification Number: 06-116-22 23 0001 Joseph Dolejsi (Fee Owner)and Joseph K. Dalejsi hereby request the scheduling of a Public Heoring on October 21, 1980, for the purpose of rezoning from RURAL to R1-22, and canside:ing o preliminary plot one lot subdivision,(Approximately two acres)con- taining an existing homestead, within +he Hidden Glen Subdivision. We will be appearing before 'he Board of Appeals on September 18, 1980, and the Panning Com- mission on September 22, 1980. A brief background statement is provided+a acquaint+he Mayor and City Council with an explanation for this request. The property which we request to divide is a 95 acre parcel of lond which has been owned and farmed by the Dolejsi family since 1958. The lond hos situated on iyan older farm home which for many years was rented. After several disappointing renter experiences Joseph Dolejsi asked his son Joseph K. Dolejsi, to live in and maintain'he farmstead, which he did beginning September 1970. As stated, 'he house is an older farm home and although structurally sound requires many ( improvements. During July of this year, Roland Crandel, a local contractor and re- modeler was contacted to obtain a profesional opinion as to'he merits of remodeling+he existing house. Mr. Crandel reported the house wos structurally sound and would lend itself 'o remodeling. With 'his informotion,agreement hos been reached between Joseph Dolejsi and Joseph K. Dolejsi on 'he sale of'his house and two acres so'ha'Joseph K. Dalejsi•could obtain title and thus obtain financing required+o undertake 'he remodeling project which would includeupda'ing: wiring, furnace, water supply, insulation and +he possible addi'ion of living space and garage. The proposed subdivision was layed out in such a manner as to conform with lotting and road networks as proposed by the Hidden Glen Concept Plan which received Concept approval by 'he Eden Proirie Council in+he fall of 1979(Zochman Homes Inc.) The one "variance needed if plat and rezoning are granted,:is due to lack of lot fron'age on a public road. This variance is requested so as not to divide a contiguous 25 acre porcel 'a the north, which is owned by Joseph Dolejsi. Application has been made for +his variance to be heord by 'he Board of Appeals on September 18, 1980. Please advise if any questions should arise regarding this mo+'er ar if there are any ommissions of information which are required in the scheduling of'his request for Public Hearing. ti 92741 Respectfully: ph Do Ja eph K. Dolejsi 9005 Riley Lake Rd. 6445-192nd Ave. West Eden Prairie, Mn. Eden Prairie, Mn. (612-881-8501) z5U4 '.i ?' 0 o. it - 'kr. r .... ..„, ., 4 .Irmi um.b.. Li . r, _.._.. ... _ N... -to ".! ..... Pc) •!? ,.... - t_....) ,0 c:14, a i 0 k'i -- •,... -. , -. ' C . it 4 4;;, "•-) -c:. 1 . c., .1. ) g t TIP 1 4.c •-•" .4...rt V Nt• Zil ....1.7 Figt •',40i1 -4.. 1,0) 1- -tz, 02. Z IZ .1 • . a 1 \ 0 \ . . 4... \ ?Z ( •i`4113 _ i.•••— --.••• ' \1 \ *- ...C. ...... s ..... , — '• \, . _......-- .. I v I \ H ........,537,7., ___, 1 -1 I •i".)- 1 \ \ i i I ,,„..., tiv., • / 1 7.-L.......f /i _ L_i i ' 1 i s .../ I —- / 0 P L i I ., • •Li• 0 1 1.' •••••.... - e s •• 1.0Q', ,• • --, 11 Al p.,...orp_p. . ,..1 a .1 0, .." : • 1 I' i, I Q ri I I 74.... ( 1 c.. 6 . 0 • '• 11111161d 1.170-1/4 • .1,41. 4.,A4 4 3AVAC . svy siva ;6115- i 1 t••''.Y.. •-i:r .. '. August 27, 1980 TO: Sharon Gagnon Board of Appeals and Adjustment SUBJECT: Variance Application For Preliminary Plat: Dolejsi Addition Attached herewith please find an Aplication for Variance regarding the proposed Preliminary Plat: Dolejsi Addition. Presently a request has been submitted to the Plannieg Commission fur approval nnrl Mayor and Ci'y Council for Public Hearing regarding the proposed preliminary pIn' a u. rezoning from rural to R1-22 on a two acre subdivision from a 95 acre 'roc'. The p;,p-:•.t of this addition is to divide two acres and existing farm>rad hom land owned by Ju•r•pL Dolejsi far scle to Isis son Joseph K. Dolejsi. (See urruched maps and lettr:r Dated to the Mayor and Ci'y council of Eden Prairie) The variance requested regards Ordnance 135 which requires that a lot have hontucjn un a public road. Access to the proposed subdivision is to be gained by means of a forty foot easement on an existing driveway. If'he proposed addition were to include this easement access as oust of the addition(which would make this subdivision in compliance with Ordnance 135)a 25 acre tract which lies to the north of'he 95 acre tract, and is also owned by Joseph Dolejsi, • would be seperated from the contiguous 95 acres. This subdivision was layed out with respect to the Hidden Glen Concept Plan which••vas approved by the City Council in 'he fall of 1979, This easement which would be in effect until other access is provided by Future development, is necessary to insure future road networks internal to this 120 acre Tract could be placed in a logical manner, fur'her it may be added that it was at 'he request of Eden Prairie staff that this subdivision be laved out in respect to Hidden Glen Plan Concept. Respec'Fully Submitted: , Joseph K. Dolejsi 6445-19?nd Ave, West • Eden Prairie, Minn. 55344 (612-881-8501) u CC•-1 tc Joseph Dorejsi 9005 Riley Lake Road Eden Prairie, Minn. 55344 25 L1& ' • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO.80-203 RESOLUTION APPROVING THE PRELIMINARY PLAT OF _,__ DOLEJSI ADDITION BE IT RESOLVED by the Eden Prairie City Council as follows: • That the preliminary plat of _ Dolejsi Addition dated August 27, 1980 , 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 2I day of October , 198a Halfgang H. Pen el, Mayor John D.F•anc, City Clerk SEAL aK4 Parks, Recreation & Natural Resources Commission Minutes September 15, 1980 All members present. 1. Development Proposal — Lake Riley Estates TanCen requests that this item be tabled to follow Item IJ.li. on the agenda because there is no representative present from Lake Riley Estates, and this issue is related to Item VI.B. Anderson seconded the motion and it carried unanimously. Anderson requested Item V.1.1. — Riley Lake Estates be taken off the table. LO I0:!: T.:ngen moved to recommend to the Council that in view of past muttons, the City indefinitely continue the Riley Lake ?states property until such time as we have word back from the Hennepin County Park Reserve Bi.etrict with record to their willingness to purchase for re?;ional park purposes. Johnson seconded the motion and it carried unanimously. TanCe:: noted his reason for not saying denial of Riley Lake Estates is becnuce it should be known first if the properties can be acquired as a regional park. If the regional park plan xs rejected, the City will be faced with the Lake Riley Estates proposal again. Lambert noted it would take a minimum of two months after the Council makes a. request to the Hennepin County Park Reserve District and Metro Coanoi.l before it receives as answer. Approved Planning Commission Minutes September 8, 1980 ( Members absent: Hakon Torjesen • C. LAKE RILEY ESTATES, by Leonard Swedlund. Request to preliminary plat 14+ acres zoned Rural into 3 lots. Located North of Lake Riley and East of Chanhassen. A public hearing. The Planner introduced Mr. Leonard Swedlund and Mr. David Squire of McKombs/Knutson, representing Mr. Swedlund. Squire reviewed the proposal and stated that the proponent would like a variance on the lot size and side setback requirements. The Planner reviewed the staff report dated 9/4/80 and stated that the lots will not meet the mean width of 300 ft. Bentley asked what would happen to the remaining buildings after 3 are removed. Squire replied that they will remain. Q Levitt asked if the homes on the surrounding lots were built prior to the Shoreland Management Act and asked if the homes are outside of the MUSA line. The Planner replied yes to both questions. Levitt asked if there are any requirements for footage. The Planner replied yes, 2500 ft. Motion 1 Bentley moved to close the public hearing. Sutliff seconded, motion carried 6-0. Moiton 2 Bentley moved to recommend to the City Council approval of the Lake Riley Estates plat dated 8/11/80 as per the staff report of 9/4/80. DISCUSSION Sutliff stated that he wanted to change the second recommendation in the staff report to read...Building plans for lots 2 and 3 shall be subject to Watershed District review and approval. Levitt felt that the parcel could be divided into 2 rather than 3 lots and meet all ordinance requirements. Motion was seconded by Retterath and carried 4-2. Bearman and Levitt voted nay. i 1 1 W:MOi ANDUM ( T0: Parks, Recreation and Natural Resources Commission FROM: Bob Lambert, Director of Community Services r DATE: September 11, 1980 ' SUBJECT: Development Proposal Check List i PROJECT: Lake Riley Estates i i PROPONENT: Leonard Swedlund REQuesT:Preliminary plat of 3 lots on 14 acres LOCATION:Peninsula on the north side o .Lake Riley BACKGROUND: See Planning Staff Report Dated: September 4, 1980 PARK AND RECREATION PLANNING CONCERNS 1. Type of development: Residential 1 2. Number of units in residential development: 3 3. Number of acres in the project: 14 4. Special recreation space requirements: none 5. Adjacent to any existing or proposed pnrks:_liithin a Re9ional Park a5 }'roposed h� the etropolitan Council (possible community park) a. Affect on the park: s 6. Need for a mini park: Nolte 7. Cash-park fee or land dedication? Cash park fee On lots 1 F I cha11 he paid at time of building permit issuance. a. If Cash park fee dedication, amount based on existing ordinance will total: SASn b. If park land dedication, the number of acres to be dedicated is N/A e. Existing or pending assessments or taxes on proposed pask property total N/A and will be paid prior to dedication. B. Adjacent to existing or proposed trails: no a. Type of trails N/A • b. Construction Material N/A C. Width of trail N/A Y d. Party responsible for Construction N/A q..Landownership of trail location:(dedicatcd, purchased, RUM) N/A . NATURAL.RESOURCE PRESERVATION CONCERNS 1. Site grading plan considers natural amenities of the site? The proposal does net jaclude any _trading of the site. New ConstruCtiol1 of liumes_ianlillLprr,rrn-,bly--oer„"' -a iUao- top of the hill. 2. Most significant cut and fill depths on the site arc A j 2riJ0 i ' • fi 3. Significant vegetation on the site includes: Includes mature growth of hardwood trees proposa.L_d.nesnor iewlicate an ,ipnific,nt removal of existing vegrtatinn 4. The site grading plan indicates preservation of: Proposal is a preliminary plat and indicste;r_np sirnificaD_t_zSildiilp_ S. Adjacent to public waters: Lake Riley • a. Affect on waters: No sic;nificant affect on the waters rovi,ilSd there is adcquator'vie:w"'of•-'tom septic system installations. RF.FERCSCE CHECK ]. Major Center Area Study: N/A • 2. Neighborhood Facilities Study: N/A • 3. Purgatory Creek Study: N/A -: 4. Shoreland Management Ordinance: Shoreland Ordinance applies to this recreational development lake (single family lots without public sewer, minimum lot size 5 acres, minimum c rk from nrd' rk 1n0') S. Floodplain Ordinance: ploodplain Ordinance does apply to this proposal . 6. Guide Plan: Guide Plan shows this area as low.density residential. 7. Other: RECOtif.NDATIONS 1. Adjacent neighborhood type, and any neighborhood opinion voiced in favor or opposed to tho project: 2. Planning Commission Recommendation: P1 coning Cnmmi cci an rnrnmmcnrlcd rnl o th4.-- plat on September 8, 1950 on a vote of 4-2. • 3. Community Services Staff Recommendations: The Community Services staff recommends Community approval of the request for preliminary plats subject to the following:l.cash park fee for—bat, f, s shell be plid_ time of lu4.1.414slg—porni.it—i- sanoc.e,-22. fuiidinp plans for Lots FL3 shill he subicci_to the Watershed District rrvittt.:nc approver 3 Variance_' for lot tii�s. width..u1_.Trlbacks'irilsr he npnrmrrrl h�Yrl,e Rnit,t of prior to final plat: 4. The pNR must review aq_apnrove the lot sir. varianrr from the Shoreland Management Ordinance. • z5hl t1LMO: 10: Planning Commission iROt: Chris Enger, Director of Planning PROPOSAL: Preliminary Plat of 3 lots on 14 acres. FEE CANER & APPt.1C,AUT: Leonard Swedlund LOCA;iION: North of Lake Riley DATE: September 4, 1980 1 BACZROUND Lxisting zoning: Rural Allowed use: Agricultural and residential on 5 acre or larger parcels. Existing use: One parcel with one existing home and multiple out buildings. Previous use: The property had been developed as a camp with lodges, cabins, and restrooms. Variances Renu.ired Ordinacice 135 requires a minimum 5 acre lot with a mean width of 300 feet. Sideyard setback is 50 feet. The proponent will not meet these minimums and the Board of Appeals must review these variance re- quests. The State Shoreland Management Act requires a 5 acre minimum lot without public sewer and water. The Department of Natural Resources would have to review this variance. Surrounding Land Use: The majority of the lakeshore is divided into two parcels samller than 5 acres. This request is consistent with the existing land use pattern. The Planning Staff recommends approval of the request for preliminary plat sub- ject to the following: 1. The cash park fee for the existing hose (Block 1, Lot 2) shall he paid at the tina of final plat and the fee for lots] and 3 he paid at time of building permit issuance. 2. Building plans for lots 1 and 3 shall be subject to Watershed District review and approval. 3. Variances for lot sire, width, and setbacks, must be approved by the Board of Appeals prior to final plat. 4. lho D.M.R. must review and approve the lot size variance from the Shoreland t„an,,ie nt Ordinances. Cii:.s • Riley- Purgatory Creek Watershed District t. 8950 COUNTY ROAD 94 • �� EDEN PRAIRIE,MINNESOTA 65344 ' September 19, 1980 tic Mr. Chris Eager City Planner . • City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 • Re: Lake Riley Estates Development: Eden Prairie Dear Mr. Eager: The engineering advisors to the Board of Managers of the Riley-Purgatory Creek Watershed District has reviewed the preliminary plans submitted to the District for the Lake Riley Estates Development in Eden Prairie. The following policies and criteria of the Watershed District are applicable for this project: 1. In accordance with Section E(2) of the District's revised rules and regulations, a grading and land alteration permit will be required from the District for this project. Accompanying this permit applica- tion, a detailed erosion control plan must be submitted to the District for review and approval. 2. The District will require that all homes to be constructed adjacent to Lake Riley be set at a minimum of 2 feet above the 100-year flood • elevation of Lake Riley, which is elevation 866.0. Thank you for the opportunity to comment on this development at an early date. If you have any questions regarding the District's comments, please contact us at 920-0655. Sincerely, C:C/ ). Rob rt C. Obermeyer BARR ENGINEERING CO.vvvv Engineers for the District RC0/111 c: Mr. Frederick Richards Mr. Fritz Rahr 255.3 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 80-204 RESOLUTION APPROVING THE PRELIMINARY PLAT OF LAKE RILEY ESTATES BE IT RESOLVED by the Eden Prairie City Council as follows: That the preliminary plat of _ Lake Riley_Estales dated August 7, 1980 , 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 21 day of Qctoier 1980. 4,olfgarig M.- Penzel, Mayor _ ;iohn 0. Franc,City Clerk SEAL 25511 l r October 21, 1980 1 S Sl( : OF MINNESOTA 1 CITY OF EDEN PRAIRIE 1 COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 1 3537 PRAIRIE VILLAGE MALL ASSOCIATES Rent-Liquor store $ 4,132.B1 3538 TWIN CITY WINE CO. Wine 654.46 3539 MINNESOTA DISTILLERS, INC. Liquor 1,267.50 3540 CHARLTDN-MCCLAY INC. Liquor 153.00 3541 GRIGGS, COOPER & CO., INC. Liquor 2,514.93 3542 OLD PEORIA COMPANY, INC. Liquor 1,609.20 3543 MID'WEST WINE CO. Wine 288.10 3544 JOHNSON BROTHERS WHOLESALE Liquor 1,778.17 3545 VOID OUT CHECK 189.01 `. 3546 INTERCONTINENTAL PACKAGING CO. Liquor 3547 ED PHILLIPS & SONS CO. Liquor 1,39.0 136.150 4 3548 BUTCH'S BAR SUPPLY Supplies-Liquor store 3549 HOPKINS POSTMASTER Postage 2,000.00 3550 POSTMASTER Postage-Public Safety 189.00 ; 3551 HOPKINS POSTMASTER Postage-Water & Sewer bills 96.80 3552 MINNESOTA RECREATION & PARK ASSOC Fee-Touch Football State Tournament 130.00 'i 3553 MINNESOTA BD OF PEACE OFFICER Fee-State Police officers license 20.00 . 3554 CREEK KNOLLS PARTNERSHIP Land-Franlo Road Park 4,700.00 3555 GRIGGS, COOPER & CO., INC. Liquor 1,636.65 3( OLD PEORIA COMPANY, INC. Wine 275.25 3557 MIDWEST WINE CO. Wine 416.21 3558 JOHNSON WINE CO. Wine 643.35 3559 ED. PHILLIPS & SONS CO. Liquor 1,795.76 3560 TWIN CITY WINE CO. Wine 156.19 3561 BEER WHOLESALERS INC. Beer 3,642.04 3562 COCA-COLA BOTTLING MIDWEST Mixes 230.20 3563 DAY DISTRIBUTING CO. Beer 1,787.92 3564 EAST SIDE BEVERAGE CO. Beer 3,994.55 3565 GOLD MEDAL BEVERAGE CO. Mixes 39.20 .. 3566 LEDING DISTRIBUTING Beer 2,565.45 3567 PEPSI/7-UP BOTTLING CO. Mixes 234.25 3568 ROUILLARD BEVERAGE CO., INC. Beer 1,748.86 3569 THORPE DISTRIBUTING Beer 3,797.40 3570 ACTION RENTAL CENTER Trencher rental-Park dept 10.00 3571 ADAMS SUPPLY CO. Posts-Street dept 2B2.00 3572 EARL F. ANDERSEN & ASSOCIATES Street signs 575.90 . 3573 ASHLEY'S TREE SERVICE Trees-Community service 2,175.00 3574 AWARDS, INC. Trophies-Rec dept 56.12 3575 BRW Service-Dell Road, TH#5 & W 7Bth Street and 24,739.64 Mitchell Rd, Homeward Hills Road 3576 BLACK & VEATCH Service-Water Treatment Plant Addition 36,306.51 , 3577 BRAUN ENGINEERING TESTING, INC. Service-Hiawatha Ave., Duck Lake Vista 4,83 .82 836.82 3578 BRYAN AGGREGATES, INC. Rock 3579 CASH REGISTER SALES Service-Liquor store 5.16 3! 745. . CHANHASSEN AUTO PARTS Equipment repair & parts 741.86 3581 CHAPIN PUBLISHING COMPANY Legal ads 231.28 3582 CHASE BRACKETT COMPANY Service-Miller property 216 50 3583 CHEML.AWN Lawn application-Water dept 3584 CITY OF EDINA Tests 132.00 , y . . -I Pa. two October 21, 1980 3585 CLUTCH & U-JOINT BURNSVILLE Equipment repair & parts 59.68 3586 COMPUTER ELECTION SYSTEMS, INC. Election booths 3,470.00 3587 CONTINENTAL CUSTOM BRIDGE COMPANY Pedestrian bridge-Valley View Trail 2,500.00 3588 CONTINENTAL BANK Interest payment 20,150.00 3589 URSULA COON Refund-Rec dept 19.20 3590 CURTIN MATHESON SCIENTIFIC Lab supplies-Water dept 95.20 3591 CUTLER-MAGNER COMPANY Quicklime-Water dept 3,231.92 3592 DEPENDABLE EXCAVATING CO., INC. Traxcavator-Anderson Lakes Trail 228.00 3593 DORHOLT PRINTING & STATIONERY Office supplies 158.43 3594 DOWN TO EARTH Install fence-Flying Cloud Ballfields 1,808.50 3595 EDEN PRAIRIE BODY SHOP Equipment repair & parts 206.00 3596 EDEN PRAIRIE NEWS Legal ads 691.15 3597 EDEN PRAIRIE SANITATION CO. Service 60.50 3598 EDEN PRAIRIE SCHOOL DISTRICT #272 Custodial Service-City Hall 798.45 3599 TERRY EGGAN Expenses-Sunbonnet Days 15.69 3600 JUDY ELLINGSON Expenses-Sunbonnet Days 243.40 36D1 CHRIS ENGER Expenses 100.00 3602 JOHN ESS & SONS INC. Wire warming house-Round Lake 795.OD 3603 FLYING CLOUD OIL CO. Fuel-Historical Cutural Bldg 202.54 3604 JOHN FOX Service-Retainer Wall 809.10 36D5 FRONTIER LUMBER & HARDWARE Lumber-Edenvale hockey rink, bridge forms-Park 112.16 r dept, steel vise-Water dept, Polyurenthane sheeting-Community Service 3606 MARY GRAFF Refund-Rec dept 12.00 3607 GROSS INDUSTRIAL SERVICES Service 102.06 3608 TAMMRA HAEFNER Refund-Rec dept 10.00 3609 HARMON GLASS Windshield repair-Police dept 213.81 3610 TONNA HEALD Refund-Rec dept 9.60 3611 HENNEPIN COUNTY FINANCE DIRECTOR Tree debris-Community Service 42.00 3612 HENNEPIN COUNTY FINANCE DIRECTOR Welding gas-Equipment maintenance dept 588.56 3613 HENNEPIN COUNTY FINANCE DIRECTOR Property taxes-Miller Park 684.53 3614 HOPKINS DODGE SALES, INC. Equipment repair & parts 77.50 3615 HONEYWELL INC. Equipment maintenance-Water dept 1,367.50 3616 HOPKINS FIRESTONE DEALER STORE Equipment repair & parts 154.14 3617 HOWE INCORPORATED Fertilizer-Park dept 2,020.00 3618 IMPERIAL, INC. Drill-Water dept 217.36 3619 INGRAM EXCAVATING Haul rock-Park dept 5,090.00 3620 IBM OFFICE PRODUCTS Office supplies 130.0D 3621 J & R RADIATOR CORP Equipment repair & parts 21.00 3622 JUSTUS LUMBER COMPANY Fence posts-Park dept 62.96 3623 KARULI HARDWARE INC. Tape-Elections, window repair, est cord-City 554.27 Hall, Ladder-Bldg dept, cords-Assessing dept, bolts, propane gas, letters-Street dept, brushes, hand cleaner, pipe, batteries, fluorescent lamps, bulbs, fuses-Park dept, yard guard, rope, paint- Community service, caulk, wire-Water dept, Lime 3k( away, screwdriver-Liquor store .i LISA KOOIMAN Expenses-Sunbonnet Days 18.98 3675 JOHN KOTTKE Expenses-Sunbonnet Days 24.14 3626 LELAND KOTIKE Expenses-Sunbonnet Days 6.24 J 1' x P4 three Octouer 21, 1980 Y 3627 EDWARD KRAEMER & SONS, INC. Rock-Anderson Lake 825.35 3628 KRAEMER'S HOME CENTER Booster cable, torch, batteries-Water dept 157.79 3629 LEEF BROS. INC. Service 126.75 3630 LOGIS Service 1,317.03 3631 LONG LAKE FORD TRACTOR Blades-Park dept 99.OD 3632 LUTZ TREE SERVICE INC. Tree removal-Community Service 3,067.00 3633 METROPOLITAN WASTE CONTROL November Sewer Charges 21,592.74 3634 MIDWEST ASPHALT CORPORATION Blacktop 7,671.13 3635 MILLER/DAVIS COMPANY Votomatic sets-Election 30.60 3636 MINNESOTA GAS COMPANY Service 19.61 3637 MINNESOTA RECREATION & PARK Dues-Park dept 60.OD 3638 MINNESOTA TRANSIT LINES, INC. Bus Service-Senior Citizens 135.00 3639 MODERN TIRE CO. Equipment repair & parts 69.70 3640 MOORLANE, INC. Expenses-Rec dept 44.05 3641 LISA MULLER Refund-Rec dept 9.60 3642 MY CHEESE SHOP Sandwiches-Special Meeting 42.15 3643 NORTHERN STATES POWER COMPANY Service 10,319.84 I. 3644 NORTHRUP KING CO. Grass Seed-Park dept 3,844.80 3645 NORTHWESTERN BELL Service 2,367.12 3646 NORTHWESTERN NATIONAL BK OF MPLS Bond payment 600,318.10 3647 NDRTHWOOD GAS CO., INC. Gas cylinder 17.08 3648 KATIE O'ROUKE Refund-Rec dept 15.48 30 PENNY'S SUPERMARKET #25 Expenses-Rec dept548 3650 PITNEY BOWES Postage meter 4 .90 3651 PRAIRIE LAWN & GARDEN Chain repair-Water dept 3652 JIMMY RANNOW Expense-Sunbonnet Days 11.00 3653 KIMBERLEE REECE Refund-Rec dept 9.60 3654 RIEKE-CARROLL-MULLER ASSOC. Service-Industrial Road Utilities, 168th Ave. 34,645.00 Develop., High Trails Swr & Wtr, Valley View Road, Franlow Rd & Preserve Bldg Utilities, Eden Prairie Super Valu Swr Service, Cardinal Creek Estates, Norseman Ind. Park 4th Addition, Norseman Ind. Park 2nd Addition, Cardinal Creek Phase II, Rymarland Camp 2nd Addition, Sunset Trails Estates Utilities 3655 SCHOELL & MADSON, INC. Service-Chatham Woods 1,244.15 3656 SHADYWOOD TREE EXPERTS, INC. Tree removal-Community Service . 1,5D7.00 3657 SHERWIN WILLIAMS Hose-Bikeway 209.40 3658 SMILEY GLOTTER ASSOCIATES INC. Service-Eden Prairie Community Center 7,324.48 3659 W. GORDON SMITH CO. Grease-Equipment Maintenance 77.57 ' 366D ED SORENSEN Expenses 9.00 3661 STARKEY LABS Refund-Bldg dept 15.50 3662 SANDRA STEPHENS Expenses-Macrame Class 11.43 3663 SUBURBAN AUTO ELECTRIC, INC. Equipment repair & parts 4.00 3664 TAYLOR RENTAL CENTER Sod Cutter rental-Water dept 19.D2 3665 TELE-TERMINALS Computer equipment-Assessing dept B95.00 36r6 CARRIE TIETZ Minutes-Special meeting Eden Prairie City Council 24.00.. 1 TOWNS EOGE FORD, INC. Equipment repair & parts 34.93 3668 ROGER ULSTAD Expenses 38.70 3669 UNITED LABORATORIES Cleaning supplies-Water dept 406.36' 3670 VALLEY EQUIPMENT CO Filter, O'rings-Equipment maintenance 27.11 ' 2561 9 • 1 1 {'«(( four Octuoer 21, 1980 3671 NANCY VEST Expenses-Sunbonnet Days 12.15 3672 WALDOR PUMP & EQUIP. CO. Air compressor-Community Services 3,930.00 3673 WATER PRODUCTS COMPANY Valve box section-Water dept, pipe-Bikeway 459.40 3674 SANDPA WERTS Mileage 24.80 3675 WHOLESALE LIGHTING, INC. Plant lights, light bulbs-Water dept 225.45 3676 XEROX CORPORATION Service 608.13 3677 ZIEGLER INC. Handling charges 6.71 3678 FEDERAL RESERVE BANK Payroll 11,861.77 3679 CHICAGO & N W TRANSPORTATION CO. Bikeway construction 905.00 3680 VOID OUT CHECK 3681 AETNA LIFE INSURANCE Payroll 1,038.00 3682 UNITED WAY OF MINNEAPOLIS Payroll 29.50 3683 PERA Payroll 8,981.54 3684 BLOOMINGTON OFFICIALS ASSN. Softball officials 4,300.00 3685 BLOOMINGTON OFFICIALS ASSN. Basketball officials 1,892.00 3636 MINNES0TA SOCIETY OF ARBORICULTURE Dues-Community Service 10.00 3687 MINNEESOTA VALLEY ELECTRIC CO-OP Service 23.76 3688 BRW ,Service-Miller Park, Lake Eden Park, Homeward 3,415.70 Hills Road 3689 BRAUER & ASSOCIATES LTD. INC. Service-Pugatory Creek 1,800.00 1 3690 STEPHEN CALHOON Mileage 39.71 3691 CASE POWER & EQUIPMENT Equipment rental-Park dept 1,248.00 3E( 0.J. JANSKI & ASSOCIATES, INC. Service-Duck Lake Trail 300.00 36'rs PERBIX, HARVEY, SIMONS Legal Service 1,005.00 3694 PRAIRIE ELECTRIC COMPANY, INC. Install porch fixtures-Senior Center 339.50 3695 DAVID RAQUET Supplies-Park dept 66.80 3696 ST. REGIS PAPER COMPANY Lumber-Park dept 933.30 3697 CARRIE TIETZ Minutes-Park & Rec Commission meeting 40.00 `. 3698 VALLEY EQUIPMENT CO. Dozer rental-Bikeway 1,850.00 3699 EDEN PRAIRIE CHAMBER OF COMMERCE Dues 53.50 3700 BROWN & CRIS, INC. Service-Duck Lake Vista & Village Woods 2nd 20,729.99 Addition 3701 BROWN & CRIS, INC. Service-Cardinal Creek 2nd Addition 21,455.46 ' 3702 BROWN & CRIS, INC. Service-Norseman Ind. Park 4th Addition 191,097.92 3703 BROWN & CRIS, INC. Service-Cardinal Creek Addition 19,268.12 3704 BROWN & CRIS, INC. Service-Valley View Road 134,798.24 3705 BROWN & CRIS, INC. Service-Dell Road 46,666.91 . 3706 BROWN & CRIS, INC. Service-Trunk Hwy 5, West 78th Street and 38,760.22 Mitchell Road 3707 G.L. CONTRACTING, INC. Service-Shady Oak Ind. Park Phase II 16,216.66 3708 NODLAND ASSOCIATES, INC. Service-Chatham Wood Addition Improvements 42,395.33 3709 NORTH CENTRAL UNDERGROUND, INC. Service-Crosstown Industrial Park 3,587.00 '. 371D 0 & P CONTRACTING, INC. Service-Super Valu Development 3,999.75 ' 3711 SHAFER CONSTRUCTION CO., INC. Service-Anderson Lakes Parkway, Homeward 156,766.74 ., Hills Rd., Lake Eden Park 3712 MRPA Conference-Coin unity Service •223.50 3713 WARNERS INDUSTRIAL SUPPLIES Wood Preservative-Park dept 1,122.34 TOTAL 11'603,188.?if ,25re Unapproved Planning Coinmssion Minutes October 14, 1980 Members absent: Chairman William Bearman, Ilakon Torjesen { C. PRAIRIE LAKTS CONDOMINIUMS, by Prairie Lakes Corporation & The Preserve. Request for PUB Development Plan revision & replatting of Block 6, Lot 1, Basswood Forest for construction of 252 con- • dominiums. Located North of Anderson Lakes Parkway and Northwest of Basswood Road. A continued public hearing. The Planner stated that this proposal was continued form the September 8, 1980 and the September 22, 1980 meetings. He then introduced Mr. Larry Peterson, representing The Preserve, and Mr. Doug Moe the architect. Peterson reviewed the original zoning, covered the revisions, and stated that they have received the majority approval from the residents in the area. Moe stated that the property would have a single access to Anderson Lakes Parkway., He also stated that the first building has 63 units and the second building has 75 and both of the buildings have underground parking. He stated that the 2-bedroom units are approximately 1100 sq. ft., the 3-bedroom units are approximately 1370 sq. ft., and the 1-bedroom units are approximately 875 sq. ft. The Planner reviewed the staff report dated 10/10/80. Levitt asked what views Northmark II would have of the project. Peterson replied that the residents of Northmark II would look at the ends of the buildings. (" Bentley asked if this is in conformance with the Shoreland Management Ordinance. The Planner replied yes. • Bentley asked how far this project is from Neill Lake. Peterson replied 1000+ ft. Bentley stated that he was concerned with the drainage. Peterson stated that he wants to meet with the Park and Recreation Commission concerning the drainage and the pathway but further stated that there may be an additional ponding area near the existing park pond. Bentley asked where the overflow from the ponds will go. Peterson stated it will go into Anderson Lake. The Planner stated that some of the water will go to the existing sediment pond and overflo.; to the Swale. Bentely stated that he felt that the pond should be considered carefully because of a potential safety hazard. Retterath asked what the length of the buildings are. Moe replied that building one will be 425 ft. and building two will be 500. Retterath also asked what the angle of the buildings are. Moe replied 20 degrees. Retterath asked if there was any way to break tht 500 ft. massing up. Peterson stated that they looked at other ways but this seemed to work the best, 25/n • Unapproved Planning Commission Minutes October 14, 1980 Retterath asked what the distance between the first building and Windslope was. Peterson replied 400+ ft. Sutliff asked the Planner if he was familiar with existing requirements for under- ground parking. The Planner replied no. Levitt asked who maintains the buildings. Peterson replied there will be a separate association for each building covered under The Preserve Umbrella Association. Bill Hubert, 11030 Northmark Drive, stated that the homeowners were upset with the original proposal but after modification of the plan they are pleased. He submitted a petition that was compiled before the revisions were made and expressed that he would like it to be made part of the record as a matter of history. Motion 1 Levitt moved to close the public hearing on Anderson Lakes Addition, Sutliff seconded, motion carried 5-0. DISCUSSION Sutliff stated that the petition from the residents should be made part of the record, although since the project has been modified, it no longer reflected current concerns. Motion 2 Levitt moved to recommend to the City Council aonroval of the revised site plan and preliminary plat dated October 2, 1980 as per the staff report of October 10, 1980. ( Gartner seconded, motion carried 4-1. Retterath voted nay. (Retterath explained that she was not objecting to the land use, but rather, to the excessive length of the buildings, DISCUSSION Bentley asked what the proponent has planned for Basswood Terrace, Peterson replied that they plan to submit the application as soon as possible. Bentley stated that he would like the minutes to reflect that Outlot A would include down-zoning to RPi 6.5 and R1-13.5 for preliminary plat of Basswood Terrace. • 25-Ga :5- • MEMO 1 ( T0: Planning Commission , FROM: Chris Enger, Director of Planning APPLICANT: PRAIRIE LAKES CORPORATION & THE PRESERVE f FEE OWNER: The Preserve i REQUEST: Preliminary platting of 16.93 acres into two lots and , a 8.4 acre Outlet. Approval of modification from a 1973 zoning approval of 253 units (108 clustered • townhouses and two apartment buildings, 84 units and 61 units) to: 2 condominium buildings (63 units and 75 - units), I4 duplex units, and 11 single family homes for a total of 163 units. i PROJECT v LOCATION: In The Preserve, south of Park site, north of Anderson Lakes Parkway and Basswood Road, and west of Black Maple Drive. DATE: October I0, 1980 •EXISTING ZONING: RM 2.5 . Surrounding land Use A future church to the west; the Preserve Park to the north, Northmark II single family area north of the park, single family to the east, Basswood townhouses to the south, and future condominiums to the southeast. Original Proposal The Preserve had applied for platting and site plan review of four 63 unit con- dominium buildings on August 6, 1980. They were scheduled for the September 8, 1980 Planning Comnission meeting, but clue to neighborhood concern over the plan, requested continuance to the October 14, 1980 Planning Commission meeting. Current Proposal The project has been reduced in scale, so the notice of public hearing regarding the plat is still valid. The request does not include platting of the duplexes and sinqle family lots with this Public Hearing, however, preliminary plans are included to illustrate the context of the overall development. A rezoning request to down zone the eastern half of the site from RM 2.5 to RM 6.5 and R1-13.5 will • be immediately forthcoming from The Preserve. A detailed review of that part of the plat will be done at that time. Setbacks 138-condominium proposal is in conformance with all setbacks. . Parking Ordinance 135 requires at least one enclosed parking space/unit, 138 spaces would be required and 178 are— provided, 276 total parking spaces are re- quired and 281 are provided. ,2G1 . . I , -• ;•0' 10. lnd'r lr• sr Oqirance 1772 Inp,)1 “. su;x0i,:ted •H 1...,s-,winc,•. The •ro.ile.',.,ng Ore . heuld • . tOoher.! AndQrSlir, Hrk- one iou tre- " ' • • • is th, thC moy 1-.,t,ti•l,fil.c! with 'ts !lizttir.g . .o ,e a pi(...V1,07, 1..e...os to pr•-itect future r..±sicent is eq to the orq oxis 1rih/scm,,11 urits by n - : aricf 1hc, of it: duplcx n,.: . PO from the proi erty line and the closest fitn,lex is 50 foot fretIn;! !,'.1 line, Th2 ciHo.N lot!,, 11 t, 12 would !.rave 0 ,„•,tikout o :.,70 f-,'.7,:31d be in irmn,,.n. In thy lute afternoon, th,. :ern :!'upl,':xes ;-,eTwy Tim Prosrorve chrytid , :lupleys•s to the co•,(';.,lniniums. ree,: 1,0,; or Ctio site 01 ( ile the 1.-}z,A-',; proporty al: two point for tdi cor,r10- • nroot he on[r-c‘\ , prc.,r to com:tn,ct-io,,.,, !Hr• - • ,,.. of tk, 'f,ows •, h eres-.Q.?, • :0 • • , •-• snect,-1" Prc,..,orve local r'nac! • • Memo--Prairie Lakes Condos & The Preserve -3- October 10, 1980 Trails Fire lanes surrounding the condominiums will serve as pedestrian trails, Trail access to the park should be worked out with the Park Department, An additional sidewalk should beadded from both buildings to the trail system. in the southwest corner of the plat. Trail accesses for the duplex and single family area will be evaluated at the time of rezoning, but should not exceed 10% far short distances and 7?% for long distances. In addition,these trails should not have steps. Open Space Although The Preserve has dedicated parkland, it seems to make the most sense for the outlot immediately north of this site and east of the School/Park site, to be dedicated to the public. The area should first be graded to accommodate a sedimentation pond for this development. RECOMMENDATIONS The Planning Staff recommends approval of the site plan modification for two condominium buildings, 14 duplex units and 11 single family lots, and prelim- inary platting of two lots and an outlot subject to the following: ( 1. A comprehensive landscape plan to be submitted to the Planning Department for review prior to building permit issuance. 2. Addition of sidewalks to provide access from the condominiums southeasterly. 3. Review and approval of a sedimentation and erosion control plan by the Watershed District prior to construction. 4. Review and approval of the Grading and Drainage Plan by the Engineering I and Parks Departments. CE:ss L • • I • • • i,; i. i //,, , /; l`� / , , 1 ! / 1. , /, / / „ ,+\r1 ,. I } s-, , . 1 ---- ,!. ---A./ /.:, . ., ,,N...':;,' ,--1.,‘' ' t— :.; '1',....:' c ..- ';•/:-;-'.2.,--"". •/, ',,-...%2"-.",- '' '-'`.,.; : ....„ / -,,, \ ,-.'. `..' ..1-' ,-,:;'\ ,,,„. \-'' . ' ' 3--,:-.... .,r:',; ; /...' 1 k\c-,, .., i `\•� , ` �' 1.�� /- U• a , PI /.. , ..�,\ � /��J it 1973 APPROVED PLAN i . ', I • t (I II I • kg , / . ,..'''''\'''''`,,,.... . • o' / .. • . . .. • F,4.; s, • hc4Fk • ! i / .• •.• . • r% XISTING ARK • 1) ,/ 1 ; V. / "� il '~ - RAINAGE S�YtiLE• .•/ ; / "i (FUTURE CHUf1CH '' \,-' .—__ / ••;/ - r ' ! P?OppS[D SINGLE.FAKIIL P, OPOSLD Dill CS %� _- `'i ..::•.\_ ,','-:'-'4,2.0.,,,,,...,...s--....;'.':'......„, j.1..-'('-',)'I•j; I. 1 G/ 4LOrn.iUTAS _ —,` 'i ' j� �.....:. ��: ! / • i3 �/ ,',' 'f-\TURE C;W DOMINIUMS\ ' / ..\"*".\\\V' . ...- -.) : �L rjt • / / L , jL'--- ..I _ XISTIUCTOWNH OME�} rti 1_• Thi .wrescrue October 6, 1980 • Eden Prairie Planning Commission City of Eden Prairie • 8950 Eden Prairie Road Eden Prairie, MN 55344 Ladies and Gentlemen: The Preserve and Prairie Lakes Corporation respectfully request the Eden Prairie Planning Commission to accept the following changes in its request for site approval on Lot 1, Block 6, Basswood Forest in The Preserve: We would like to request plat and site approval for two condominium buildings as shown on drawings supplied by Suburban Engineering Company. We would also request the earliest possible Public Hearing on re-zoning Outlot "A" to a mix of RM 6.5 and RM 13.5 as shown on drawings furnished by James J. Hill, Inc. The changes being requested have come about after a number of meetings with Preserve homeowners. We sincerely hope this revised plan will meet with majority approval. Thank you, Respectfully requested, THE PRESERVE • Larry Peterson Director of Marketing LP/jl Thr WHIN September September 19, 1980 Eden Prairie Planning Commission City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Ladies and Gentlemen: ` The Preserve and Prairie Lakes Corporation request the Eden Prairie Planning Commission to postpone the Public Hearing on the Prairie Lakes Condominiums from September Z2, 1980 to October 14, 1980 The reasons for this request have to do with discussions that are now going on with Preserve residents regarding possible revisions in the site plan. Thank you. Respectfully requested, THE PRESERVE . Larry Peterson Director of Marketing LP/jl • • 25-63 11111 Anderson Lakes Parkway.Eden Prairie.Minnesota 65344 • (6121941•2001 • • • September 4, 1980 • • • • Eden Prairie Planning Commission City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Ladies end Gentlemen: The Preserve and Prairie Lakes Corporation respectfully request the Eden Prairie Planning Commission to postpone the Public H aring on the Prairie Lakes Conduiriniums from September 8, 1950 to September 22, 1980. The reasons for this request have to do with discussions that are now going on with Preserve residents. Thank you. Respectfully requested, THE PRESERVE ,,. Larry Pe.erson Director of Marketing LP/jl `.7 • Ci ! , 1Y/O ['AA T.N ti.10 t • ; (te,.,n; JrpCcCt CC LaoC•tt-,;.:".--2 Ly„ V.; raal ja t,) ; C11 CT%O, C ; %,41 projoc \-.'ou 1y- 11,j 00J11 0 sej.,',art 1 e ,-.C.! it 00 a. :•4'.1111:•::-.0 is a To:: ul la e reTOol. The ill,UlC rt;:i 0ft7t1 0;0;;;;TO • 1)1.21 of. nil in -:(26 11;31.-tya0 tl PIOT'Ly;‘;..;;.! t`eltljt 1 to of • 1 . In 0 Lhe VI CII, Or r..'"! !'!;,1111i.al',1 tt:ten 1:-V2 ..170 rt.!cp.! s requi. ;no r C.,n be in:7,11:,...!(1 E! rt:S rtliant. t() ); ,-;cprovc,e, t he Clel.r01,-;i:,,:!C rig at C t" .••-n I !.; Cl c!!) i.rsr to obLairi LII of. Hs!i :-) oL!cco...-d:i.,-,-.J 1 , t pa.,z •vo 1 ty;or,!..nce now cundc‘rsiinium ce!!-- IT I- 1, !. '111 r•-t,; • • 1.1 % I: t ' ' ' 1000 Y•Y •CrhY too TT i !itj Cii • ..)40 , . • - • ;:. •• ni J 1 I ! co LA 0'1 with tho p;• , ;;;,,•; <,' co;1 i;;;:i ;on in ail I ntnd ),...o,••,;•1,•o• 1, 1()20 t ;; 67; nai;:;, Liio.in,1 ;,..! ..i ‘; •;non I ., 11citw,o,• d;ei <•(:t ty f Vc.‘. Li.: c',,*!; i ty , I : ;:loc; ni 1oo,„1 t na tura 1 1< 10 of. thu ,;. ';"oc ;..f. 1 orne; on and ci'"ve oln,-,on il 11,dc;;",.iher 1, 1_0.80; 0.:.;11..; r;• -f:•••;-1.,;;;; ...lel y 1, 1 ; 1, 1901 P,n• i no It ;lay 1, D2cia,•,',ier 1., 1981 Janesiry 1, 19112 3 11u i 101 7Y:;': it' corma7.rod Nov•;: ibc?r 1, 1981 C;:anrru:d. cor;21,2.: 2d aunt.: 1, 19;32 11iii.10,1n(jin cccu..xod August 1, 19;12 F., pro joct lea almost idont.ic ally to tao • "SitcllinOn C1,.'11" CCL located at llisheay 15 and Si v‘o Del 1 ;toad in Lagan, 311.nn;isot:.,. The 00122tu•ct • he I id,:/7, 1'1121 prog I.: m and appi,:ovoil n um doaa, is a r ,intioi.i..T;tncl in conncc Lion thispro:Hcl: Thci. y o;:ccpti ons are that the units at Tin,i • \,?:i I 1 On i-,pprox imatcdy 10 scivare ilelt larg...!r in .s.i1:0 ci th (int. c's ra,lory.;;Jnoci to provid;., wore i upon Ci ti;:,rin•13- a on it) and ;Lilo builainer; Prsci.r ye ru ono ; I ri":11. r thdn the 0.1 unit build i nen located 1,;agan. tha I nnn.i Co, in:iion 0n221 ring, all don will ho to F.'11(A.,, 1,1i I ritTh 1.111t:00 Ucq". on at E:.19,:112 and a tour c",',11 ,..r:ran:',;•;-i Sty,: ;'mini, Planning Coirmi f -,ion mho rs n t - i ;I ' "';h:1;;!;an G lai" pin joct.. For y0',17 r,1“):1 G t.11 /.)::0jCi.!t. 0.11 trLcJ Fti'nreary 1 1 v".m" r•old out :in rt te.11 '‘.110 fi ret bUi'ding anc1 ol,[1,2n7. movin9 in the last w,cik in Au,jun , Tho c;! r.mqo for till) II))I to frill) $49,000 for a ono :cool un I.1. cont a in 1124 Oct igloo Loot to $59,000 c2 510 - •.- - - - - - - • ,• • or ; 1 !;(e, beacou...; unit contaiii.ing 1,2•(..3 4 rw t C • 11,1 '••• .1 1,-,Icon'' not inc.:.1.1.1t1,..7...1 c.1 u 1, _! i .e I)1:: ▪ , <11,4 ,thd con ur.,..: L.cyr,);.111d heatua std11 ig 7hor,,,.! aro 10 e'.:Lra L.I!la.ryYouild tI p iL.. I:: i 11 be f2.01(1 On cc•mc., tiuir2L stirvc basim; at :i.,3,800 each. Thu site L,:ir!fj develop.-!13 by ':ic Lakes Corporation consimts o 17.7) acres and is bordered on the mouth by The !,''1(2.:61.jd consisting ol tonnis covet:-:, swim- w ipg pool ;Mr.! W(.11 oral comunity building, on th-, • by a opmn r,..,acc and public pas]: area, on the cash dwallings ara on sonthcdst by land no rca for condominiums and on the want by an un- devclop.od ek.ureb ultO. Accordingly, the prujoch is not placee, closc to other high density development and owners of the units will he favored by an umthetically pleasing site with c't7t2nsivc open SJ)0Cc1 in almost evuty • diroctic,n. • WGC/ztol , . • • • . _ .• •,:,• • CITY OF EDEN PRAIRIE • IHENNEPIN COUNTY, MINNESOTA RESOLUTION NO.80-206 RESOLUTION APPROVING THE PRELIMINARY PLAT OF ANDERSON LAKES ADDITION i BE IT RESOLVED by the Eden Prairie City Council as follows: That the preliminary plat of Anderson Lakes Addition dated October 2,198D , a copy of which is on file at the City Hall 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. Franc, City Clerk SEAL 2511 MEMORANI)U"1 TO: Mayor and City Council T11RU: Roger 1:. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services DATE: October 16, 1980 • SUBJECT: Round Lake Irrigation At the August 5, 1980 meeting, the City Council continued the discussion on Round Lake irrigation to the October 21, 1980 meeting to determine if there would still be sufficient funding for irrigation of Round Lake Park after we had received bids on the Eden Prairie Community Center. Bids for the Community Center exceeded the $2.5 million as proposed in the bond referendum; however, the Council did not recommend spending park funds from the bond referenchun to make up the cost difference. Therefore, money programmed for irrigation of Round Lake Park is unaffected by the Community Center. Irrigation of the ballfields at Round lake Park are one of the lower priorities • of items committed to in the 1979 park bond referendum. Staff would recommend delaying a decision ou irrigating the balli'iclds at Round Lake Pork until the majority of the other park acquisition and development projects are completed, as per the commitments in the park bond referendum prior to going ahead with the irrigation project. Staff would recommend continuing this item to the Fall of 1981. By this time we should have a fairly good idea of the amount of funds that will be available for this project. BL:md 2r'�3 • ( MEMORANDUM TO: Mayor and City Council 1URU: Roger K. Ulstad, City Manager PROM: Bob Lambert, Director of Community Services DATE: October 16, 1980 SUBJECT: Park Use Ordinance Attached is a copy of the proposed Park Use Ordianance and a letter from Roger Pauly,City Attorney, regarding this ordinance as proposed by The Parks, Recreation and Natural Resources Commission. Also, attached is a copy of the minutes from the October 6 meeting of the Parks, Recreation and Natural Resources Commission. Staff requests that the City Council review this ordinance and provide any input they feel is necessary for changes or additions to this ordinance. Furthermore, staff would request that the Council set a date for the first reading of this ordinance. BL:md Pirkc, Recreation & unapproved Ootober 6, 1980 r�l }lcrourcea Commission -4- 5. City Council Minutes September 16, 1980 a) Discontinued Red Rock Park -Alternate citoo , to the next meeting. b) Denied fcnoc at Hidden Ponds Park on 3-2 vote. o) Approved railroad riglrt-of-way proposal • d) Approved Heinen's request o) Approved LAWCON f) Approved Hidden Ponds Park improvements • • VI. OLD BUSINESS A. Park Use Ordinance Lambert referred to the revised City Ordinance that was modified by the City Attorney, and also to a letter from Roger Pauly regarding the Ordinance. i • i Anderson said he is satisfied with the Ordinance as it is and does not agree with Pauly's letter suggesting unrestricted horse riding and archery. Lambert said he feels there should be a place for horses but not un- restricted riding. Be said he has had no requests from horse owners in the City for specific riding areas. Anderson said he is concerned that Pauly's letter includod too much personal opinion and did not deal with the advice requested of him as Attorney--the legality of the City Ordinance. Tangen asked if the Public Safety Department is satisfied with the allowance of alcoholic beverages in parks. Lambert said they were satisfied and urge passing of the Ordinance as the City presently has nothing. EOTION: Vangeter moved to recommend the Council pass the City Ordinance . is written. Tangen seconded the motion and it carried unanimously. B. Trails rap • 1'OT1Oa: Tanned moved to continuo this to the next meeting so Commission rnraiben can more thoroughly review the map. Broitenstuin seconded the motion and it carried unanimously. DMCU`•„1O1d: Anderson said Inc would like to see Edon Prairie use white Uika tr:_1 Lines on highways and signage which includes 'Bike lane, turning lane but pedestrians and bikes have the right-of-way. Lambert 2515 • • helm 39e•O7es • • LAW urnac• LAND, PAULY & URCUERAON. LTD. 4100 IDS CCNTr_N MINNEAPOLIS.MINNESOTA 06402 F, AOIILHT 1.LANA -� N11Ur.,1 A.PAULY DAVID H.[IHCULHIION 11.THOMAI:ItPfICHC.J11. HICIIAHO I.nunow { ,1_ 1AWACNCE J. LI(OOLUNO Septenber 23, 1980 Mr. Robert Lanbort • City of Eden Prairie 8950 Wen Prairie Road • Eden Prairie, ffJ 55344 Dear Bob: DIclosed is a draft of the park ordinance which I have revised in accordance with your request. As I have indicated to you previously, I am concerned • that the present draft is unduly restrictive with regard to certain conduct. For example, the ordinance naa prohibits even the temporary erection of a tent without a permit, the simple act of polishing a car, and the landing of watercraft at any place other than postal launch areas. It also ab- solutely prohibits possession of shooting a sling shot or boa and arrow. While shooting arrows perhaps should not be permitted in an indiscriminate manner, many parks do have facilities for participating in that sport. In addition, it prohibits practicing golf or riding a horse except on streets, trails or other areas designated by the Director. A number of these activities appear to be relatively harmless and yet are entirely prohibited or can be • undertaken only as a result of some further action such as by permit or designation. Restriction on these harmless activities is contrasted with the right to consume alcoholic beverages, except in areas prohibited by the Director. Aside fran the foregoing samrwhat judgmental observations, I am concerned about the .legality of the degree of delegation of authority to designate areas for certain activities or to issue permits. With regard to the latter, we have attem t:i d to set forth certain standards which, if met, would require the issuance of a p>L nait. hopefully this wi.11 validate the limitations on first amnidment rights ih»E:osetd in Section 4. With respect to the fohnor, it • is conceivable that the delegation of authority under certain circumstances • may be successfully challenged. I am foi.urchin' a copy of this letter, together with the draft of the ordinance, to Rod,;or Jensen for his information and any c,ahemnts he may have, particularly with regard to the delegation of authority question. /Sialcx rely,,____ • // .,i Pauly 4J Tad;cT Aa Poi hd.y • Enclosure • • cc Ptxlger Jensen a�G • CITY ()I• 1.1:.c : : ,I itiF: t ll'r:J::drlN (E'tiIN'I'1', U};5,r1;AN::E NO. • AN 0R)11Jr:N f;o'v :H:41W; PARKS UNDER TOE J111i.ISDIC IC>d OF' 1'i IF: C L'I'Y OP EDFN PIJtl R]E Section 1. prise. 'rho purl><;se of this ordinance is to secure the quiet and onle•rly use and enjoyment of the public parks of the City of FXdecc Prairie. Section 2. Definition. Ior the purposes of this ordinance, the follo.'ing terms shall have the following neanings: (a) Bicycle rn:rans every device propelled solely by huran p:uer • upon which any person may ride, having two tancieon wheels, • except. scooters and similar devices and including any device genaral.]y rccoyni•r_ed as a bicycle though equipped with two • front or rear wheels; (b) City_ ratans the City of Eden Prairie; (c) Director means the person holding the position of Director of Zcsita unity Services of the City; (d) Reel-eat ional. Astor Vehicle mans a snowmobile, mini-bike, qo card., and all terrain vehicles; (e) Motor Vehicle means every vehicle which is self-propelled. 1otnr_ vehicle does not include a vehicle roved solely by hutcvm iroaes; (f) Park means any open or enclosed land and improvements or facility wherever located which is owned, leased, operated, or eontna.11e-id by the City, and which is reserved, designated or used for a playground, picsric area, beach, trail or other recreational facility, including, but not limited to: (i) Playgrounds, playing fields, picnic areas, beaches, trails, or other recreation area; (i.i) Waters surrounded by parks, and waters adjacent to • beaches which are delineated as ;wincnurg areas by placcsccnt of marker buoys; (iii) Concession stands, shelters, buildings and structures; • (iv) Parking lots, streets or roadways on, within, or • over a'yank; (y) Pick P:olrrty nuCan a equipant, fixtures or p rr:anal property si l u,ct red om or about any dark c'.suc l by the City for use in connection with or caiaoration of any park; (h) Po)son. means any not inn] person, Ivirtner:;hip, acsctiatirna, cxcyxa,ation, or other oujanic' ction; (i) Pet m•ons any d; a ,lineatcd :attcl1 aninul including but not_ )i1 J Ji,aited to claps, cat, and Li pt. by ,e i01.;;011 for (i) l:,a a:%,.uy c,r Gt rc, t u•'uas t hat ff,rt ion of ra Way or path improved 9. and dcsir}:rated for vehicular traffic, exclusive of the side- wall or shnnld..s; • , (I:) Vc•h;r 3r, nr.a»r; every device in, upon or by which any 1:1:rson or prop•u ty is or tiny be transported or drawn u>an a higlr...ay, except devices u:;cd exclusively upon stationmy rails or tracks; (1) Watercraft »mans any contrivance used or designed for navigation in on water. Section 3. Hours of 0,,K ral imt. Parks shall. he operated frun 6 a.m. to 10 p.m. each day,dayandshallshallbe closed iron 10 p.m. to 6 �a.m. or as posted. Section 4. Gcisicral O j rinct. it shall be unlawful for any person in a park to: (a) Ruiove.,break, d;anu:;e or destroy any park or park property; (b) Damp, discard or deposit trash, garbage, litter, refuse or . containers, except in designated garbage, trash or litter containers; (c) Erect, bring into or maintain any building, tent, or other structure of whatever kind, whether l.aermanent or temporary in character, except as authorized by permit; (d) Post signs, anncauncrnnt.s, or other written or printed material, or play, use or operate any loudspeaker or sound amplifier or radio or phonograph with a loudspeaker or sound amplifier or any inst.nuiant of any kind or character which emits therefran loud and raucous noises which unreasonably annoys or disturbs others, except as authorized by permit; (e) Sell or offer for sale any article or thing whatsoever, except refreshamnts or other articles by the City, its agents, its duly licensed concessionaires, or persons selling under its direction, or as otherwise authorized by permit; (f) Conduct. public mrx.:tirrjs, assemblies, marriages, worship services, entertainment, parades, carnivals, or•doronstret.ions, except as authorir d by permit; (g) Swim in waters, use or occupy a•beach or other play areas•of any park at: any time such park is closed or during such time as such beach or play area is closed pursuant to notice posted by the Director; • (h) Take or deposit: cans, bottles, glans, nails, tacks, wires, or other sharp or dangerous substances, materials or refuse into or on beach areas; I(i.) Practice or enalage in golf or golfing, except in areas desig- nated by the Director.) • Sect ion 5. Fires. it. shall be unlawful for any person in a park to: (a) Start or le•unlii. a fire to burn, except in areas designed for :mach fade ; and then only in lire inns, lire i..cars, �/)7� lxtrt able to :itov , of rlr i I i :. At,y l t t ,on who st ut or poi aaat-its, a 1»tn I un u; uiih'nin'l in thi:: tart ion .hall cxtludnish and kit.1, »liras.» c,1 • • • the ,.asidue or refuse therefrom i.n a trash cti.,rntainar. Smoking of cigarettes, cigars or pipes shall. not constitute a fire as that terra is used herein; (b) Drop or threw burning catches, cigarettes, cigars, tobacco, palxer, or either flammable material. Section 6. Firearms. (a) IL shall be unlawful for any person, except peace officers while executing their lawful duties, to possess or discharge in or into a park, any firearm, air rifle, b.b. gun, sling • shot, boa and ar-roa, or explosive device. Section 7. Protection of Natural Resources. It shall be unlawful for any person in a park to: (a) Renove, alter, injure or destroy any tree, plant, rock, soil, or mineral; (b) Kill, trap, pursue, catch or rorove any wildlife, except as may be permitted in areas designated by the Director; (c) Introduce any plant, chemical or other agent into a park, except as authorized by permit. Section 8. Pets in Parks. It shall be unlawful for any person in a park to: (a) Permit a pet to enter or go upon beaches, buildings, structures, • skating rinks or cross country ski trails; (b) 13ring or introduce a pert into a park, except in such areas as may be designated by the Director for training, unless caged or kept on a leash not unto than 8 feet in length; (c) leave a tethered pet unattended. Section 9. Vehicles. It shall be unlawful for any person within a park to: (a) Operate a vehicle in violation of Minnesota Statutes Chapter 169, as incorporated in Ordinance Nurrlx2r 257; (b) Operate any vehicle,except on streets, roadways or parking areas, subject, however to Subdivision (c); (c) Operate any recreational rotor vehicle,except at such times aril in those areas drsign:rLed by the Director; (r1) Op.•rate a vehicle at a speed in excess of 20 miles j-er hour or lost sped ]emits; (e) I`,n-k or leave a vclhicle stanching in other than an eutahl ishexl or dersirin.:lyd parking area, or violate Fos trd di Wet ions or ile:Loicl itms of any 1.euk attendant at a deslyratc.9 j irking ;ruea; 25'I9 • (f) Leave or bring a vehicle on or into a park after closing hours, except as authorized by permit; (g) Wash, polish, grease, change oil or perform other maintenance on any vehicle, except in an emergency; (h) Leave or permit a bicycle owned or in the custody of such person lying on the pavement of a bikeway or roadway. • Section 10. Boating. It shall be unlawful for any parson within a park to: (a) land any watercraft or launch upon any waters, except at posted launch areas; launch, dock, operate, store or keep any boat of any kind, while the park is closed; (b) Leave any watercraft unattended upon any waters, beach or launch areas. Section 11. Other Recreational Activities. (a) Fishing. It shall be unlawful for any person in a park to: (i) Fish on or from a beach, in waters delineated as swine ing areas by place3neat of buoys or in waters within 100 feet thereof; { (ii) Clean or dispose of fish, except at facilities expressly designated for such purposes; (iii) Cut a hole in the ice of any park waters larger than 12" in diameter, except as authorized by permit. (b) Ice Skating. It is unlawful for any person in a park to: (i) Engage in any of the following acts within skating rinks: racing, interfering with the general use of • skating.rinks, or using sleds, toboggans, hockey sticks • or pucks. This section shall not be construed to prohibit the use of hockey sticks and pucks upon rinks oonstnicte d,. or designated by the Director, for use as hockey rinks;• • (ii) Smoke, loiter, or consume alcoholic beverages in • any warning house in any park. (c) Horses. It is unlawful for any person within a park to: (i) Ride a horse in a reckless miner so as to create a nuisance or to endanger the safety or property of any other person; (ii) Tether a horse to park property; • (iii) nicle or ponnit a horse on a public be.ac.h; (iv) Lave a horse unattended or allow a horse to graze; or ,e- , r,r t 11 OM Section 32. Use of intozircat rea b:,vc raves. it shal I be unl;rofn1 for any person within a park to serve, possess, or cxmsamO any al.crrholic beverage in areas prohibited by the Director, notice of which is ( pasted in such areas. section 13. Aircraft .ind other fl_ying apparatus. It shall be unlawful for any person witen a park to lake oi: , launch or land in a park any aircraft, balloons capable of carrying a person, parachutes, helicopter, hang gliders, or other flying apparatus, except as authorized by permit. Section 19. Permits. (a) Wherever in this ordinance provision is made for authorization of an activity by permit, the granting and issuance of such permit shall be by the Director; • (b) A person seeking issuance of a permit shall file an application with the Director. The application shall state: (i) Name and address of the applicant; (ii) Nage and address of the person sponsoring the activity • if any; (iii) The activity for which applicant seeks a permit and any suggested reasons for the issuance of the same; t (iv) The days and hours a permit is desired; (v) The park or portions thereof for which such a permit is' desired; (vi) An estimate of the anticipated attendance, if applicable; (vii) Any other information which the director shall find reasonably necessary for a determination as to whether a permit should be issued. (c) The Director shall issue a permitdetermines that: when he determ (i) The propose activity or use of the park will not interfere with or detract iron the general public enjoyment of the park; and . (ii) That the proposed activity or use will not interfere with or detract from the promotion of public health, welfare, safety, and recreation; and (iii) That the proposed activity or use will not lead to violence, crime, or disorderly conduct; and ` (iv) '11 it the proposed activity will not entail unusual, ex lraorcdi nary, or bam3crraa•me expense for polio: protection by the City; and 25gi (v) 'that any f.ncilitics desired have not been resetvcd for scnie other use at the day am) hour sougtlt by applicant. Section 15. d:nfcnc-c,,, it. My lxrson who violates or fails to comply with any provision of this ordinance shall be guilty of a i tty misdnir2anor. Section 16. Severability. if any provision or provisions of this ordinance are declare unconstitutional by a c_s etent court, said decisions shall not affect any other part or portion of this ordinance. Section 17. Author.ity to establish rules_ and rccnilations. The director shall have ut:Jaorify frcan tiro to Ell ne to I oid establish lades and regulations,eith r ouergency or tenForasy, concerning the use of any park or parks or any part thereof. All such rules and regula- tions shall be posted in conspicuous places therein and such rules and regulations thus posted shall have the same enforcement effect as though they were part of this ordinance. • MEMORANDUM TO: Mayor and City Council T11RU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services DATE: October 16, 1980 SUBJECT: Request of Community Education Advisory Council Attached is a letter from Mick Anderson to the Parks, Recreation and Natural Resources Commission regarding the revised bylaws of the Community Education Advisory Council. These changes call for involving the Parks, Recreation and Natural Resources Commission rather than the City Council, and call for a representative from the Parks, Recreation and Natural Resources Commission rather than from the City Council. The main reason for this request is that the City Council representative to the Community Education Advisory Council has not been active and the Advisory Council feels that it is important to have a representative from the City on their Council. • Also, attached to this memo is the minutes of the October 6, 1980 Parks, Recreation and Natural Resources Commission. From the action taken by the Commission, it is questionable as to whether a representative from the Parks, Recreation and Natural Resources Commission would be any more active than the representative from the City Council. However, the Parks, Recreation and Natural Resources Commission did request that staff forward this proposal to the City Council and if the City Council wishes to make a change by providing a resprescntative from the Commission rather than from the Ccuncil, the Commission would reconsider an appointee. BL:md TT MICKANDERSON --.r Director f k;_ i u M r a'' l r'f u r o r • Communlly School i`J i —..... us.. _............�.,.....- Services ( 'a? "TOTAL EFFORT TO COMMUNICATE" 0 a a o October 6, 1980 0 n rn .. Fs./1� m Dear Mr. Lambert and members of the Parks & Recreation Commission, c aI had planned to make a presentation to you this evening, but °' some unforseen personal matters came up and I am not able to be °= with you. I hope Mr. Lambert can place me on your agenda at the ' earliest possible time. 2 I have enclosed a copy of the revised by-laws of the Community Education Advisory Council. Two changes in the by-laws will be of interest to you. In Article III, Section 6 and Article IV, Section III E Part B reference is made to the Parks & Recreation Commission. In ai the past these sections called for City Council involvement. The ` Advisory Council felt that it was more appropriate to work with you. o The City Council has never sent a person to any of our meetings anyway, o and we already have a good working relationship with Mr. Lambert, o Mrs. Wertz and Miss Bly. o It is our hope that a member. . --:_. of the commission could serve for • o one year as a member of the Advisory Council. The meetings will be c on October 29, November 20, January 29, February 26, March 26, April 30, o May 28 and June 25. I appreciate your consideration of this important H assignment. o Sincerely, w N t Mick Anderson ro Jh k " L1 I • ',,,,,,., . ' ' i • UNAPPROVED MINUTES ERNd }':{.'iTRii'• P%i'il"'; 11' C NlATI(1:1 WO 1'IATII;iA?, kESOt C ONITCSIOI I}ONNAY, OCiOPi? 6, 1930 7:30 P.N., CITY BALL CMNISSION h:.3i'NS PIC ENT: Richard Anderson, Chairperson (late); Pat Breitenstein, (large 1'ricdoriche, Robert Johnson, • Gloria Pond, Dr. George TanCcn, Larry VanNeter CO!LiISSION STA}T PRNCNNT: Robert A. Lambert, Director or Community Services OTjCP1S PRESENT: Tom llciberg, Land'Sake Inc. Ernie Olin, Eden Prairie News I. ROLL CALL The meeting was called to order at 7:30 p.m., by Vice Chairperson, George Tangen. • 1 II. APPROVAL OF AG'C DA iOTIOP: Johnson moved to approve the agenda as published. The motion was seconded by Van eter and carried unanimously. III. MOTES OP_F PPdk R 15, 1930 I ( j LOTION: Breitenstein moved to approve the Minutes of September 15, 1980, ac published. The motion was seconded by Johnson and carried unanimously. IV. PETITIONS, 111,nUi`?TS AND C0ldUdICATIONS' • • A. Annual Renort of Community rd Advisory Council — M. Anderson cP. Lambert reported that Hick Anderson could not be present tonight and asks that this Commission hear him at the next meeting. The City Council representative on the Community Ed Advisory Council has not attended the meetings in the past, so the Community Ed Council is asked for a repre— sontativc from the Parks, Recreation and Natural Resources Commission to be on the. Council instead. The one year appointment involves attending 6 meetings through the course of the year. IAOTlO' : Breitenstein moved 'Sat someone from the Parks., Recreation & Natural Resources Commission be appointed to serve on the Consiunity Ed , Advisory Council. The motion died for lack of a socond. • • 1}IS7 Tt :: Tanpen asked if anyone would volunteer to serve on the Community r:a Advisory Council and no one volunteered. Tanprn su°Cented this j e;ue be referred to the City Council and if it feels eocm•otce from this Commission should be on the Cominity Ed Ccnutcil then this Commission can reconsider an appointee. NOTION: Van teeter moved that the question of a representative from the Pur::s, Recreation end Natural Resources Co mtisnio,t or a City Connell men•Sor serve on the Coicauc ty Rd Connell should be referred back to the City Council fee their recommendation. Pond seconded the milieu and it carried with N. Acdurnun ctht:f.ccin.in(;. S • MlI.1ORANIUM TO: Mayor and City Council Parks, Recreation and Natrual Resources Commission THRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services • DATE: October 16, 1980 SUBJECT: Grill House Repair At the special meeting of the Parks, Recreation and Natural Resources Commission, City Council and the Historical/Cultural Commission, staff was directed to have cost estimates on providing a temporary roof on the Grill house. Staff has contacted a number of contractors, all of whom recommended a felt and lath covering, rather than the roll roofing as a temporary means of securing the roof from further leaking. This will be satisfactory for approximately two years before something else should be considered. Cost estimates for this type of measure is about $3,200. At that special meeting it was determined that the City "should attempt to keep renters in that building through the winter. Last week the renters informed staff that they would be moving out of the building at the end of the month. Staff indicated to the renters that the City would be willing to pay up to half the heat bill if they would stay in the building. They indicated that they were not willing to stay through another winter, mainly because it was difficult to keep the downstairs heated above 50 degrees on extremely cold days. Staff has informed the Historical/Cultural Commission that the renteres will be leaving and have requested that they make a recommendation on what should be done • to secure the building over the winter, obtain additional renter, etc. At this tine, staff requests authorization to spend $3,200 for a temporary roof on this house. This would be funded through the general fund. BL:md • MEMORANDUM TO: Mayor and City Council TIIRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services DATE: October 16, 1980 SUBJECT: Resolution on tho Historical/Cultural Commission Responsibilities • Staff was directed to prepare a resolution that would define the responsibilities or the Historical/Cultural Commission, the Community Services Staff and the Parks, Recreation and Natural Resources Commission regarding historical sites within the City. The general consensus of the meeting was that the Historical/Cultural Commission would be responsible for the buildings, Parks, Recreation and Natural Resources Commission would be responsible for recommendations on the maintenance and development of the grounds and the Community Services staff would be responsible to both Commissions for advice and recommendations on both the buildings and the grounds. • ( The request for the resolution was to insure that members of the Commission and staff in the future would have a reference for any reminders as to these • responsibilities. BL:md • 25 7 S : • CITY OF EIDEN PRAIRIE IIENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R80-207 RESOLUTION DEFINING RESPONSIBILITIES OP THE HISTORICAL/CULTURAL COMMIISSION RELATING TO HISTORIC SITES WHEREAS, the City of Eden Prairie has established a historical/Cultural advisory commission for the purpose of advising the City Council on matters pertaining to activities, programs and facilities of historical and cultural significance for the City of Eden Prairie including: • • a. the operation and maintenance of the Historical/Cultural Center b. recommendations for areas and or facilities for inclusion in the City's park program which have historical or cultural significance c. review and development of historical and cultural programs in the community, and WHEREAS, the City of Eden Prairie has established a Parks, Recreation - • and Natural Resources Commission to advise the Council on all matters pertaining to the acquisition and development of a complete system of parks and recreation facilities for the City of Eden Prairie, and WHEREAS, any recognized historical sites within the City shall be included within the park system, and hhEREAS, the Director of Community Services, or his representative shall serve as staff Iiaison to both conunissions to provide support and services needed by those commissions, and WHEREAS, these two commissions may be making recommendations regarding the same site. THEREFORE, Eli IT RESOLVED that. the City of Eden Prairie does recognize that the Historical/Cultural Commission ::hall he responsible for all recommendations to the City Council regarding acquisition, renovation, maintenance and use of historic buildings, and the Packs, Recreation and Natural Resources Commission shall he responsible for recommendations to the City Council regarding acquisition, develoitaent and maintenance of the grounds included in all historic sites. Further- more, that the Community Services Department staff shall act as a liaison to these ' commissions and coordinate the recommendations of these connnissions to the City Council. ADOPTED, by the City Council of Eden Prairie this day of , 1980. Wolfgang gang U. Pensel, Mayor ATIEST: John It. mine, Clerk SEAL. 9A 7 MEMORANDUM TO: Mayor and City Council • 111RU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services DATE: October 16, 1980 SUBJECT: Funding Sources for the Acquisiton of the Earl More House At the special meeting of the City Council October 2, staff was directed to provide information on various possibilities for funding the acquisition of the Earl More house located on County Road 4. At that meeting, the general consensus of the group was that funding for acquisition and development of historic sites would not come from cash park fees or from park bond issues, unless those park bond issues specifically included historic sites. Funding sources are limited for acquisition and development of historical sites; however, the Council may consider levying a limited amount each year for historic site preservation and might also consider committing a portion of the profit from the Liquor Store toward historic site preservation. Once a site has been approved as a historic site for the National Register, it would qualify for grants for acquisition and renovation. These grants funds arc limited and there are many applications for these funds each year. At the October 2 meeting, the Council requested that staff attempt to negotiate an option on the Earl More house so that it may be acquired in the near future. Staff then requested the Council to make a decision on the sourer of funding for this acquisition prior to negotiating an option. The appraisal the City received on this property last summer was in the amount of $125,000. The More's feel that $125,000 is somewhat less than they would accept for their property. At this tine, staff would request the Council make a decision on the source of funds and give some indication as to the timing when the Council would be interested in acquiring this property. 13L:md 2539 MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission TURU: Roger K. l)lstad, City Manager FROM: Bob Lambert, Director of Community Services DATE: October 16, 1980 • SUBJECT: Policy on Advertising in Corununity Center A member of the Board of Directors for the Hockey Association of Eden Prairie has • contacted. staff regarding advertising in the new Eden Prairie Community Center. As Mr. Anderson indicates, several organizations in the City have expressed interest in donating substantial pieces of equipment to the Community Center. Mr. Anderson referes to the Suburban National Bank expressing an interest in donating approximately $15,000 toward the $30,000 zamboni and the First State Bank is willing to donate a score board at a cost of approximately $6,000. Another bank is interested in donating a sign adjacent to Valley View Road that would advertise the events that would he taking place in the Community Center each week. We have also been contacted by several insurance companies and other organizations that arc willing to provide equipment such as clocks, etc. if they are allowed to place their advertisements on them. Staff would recommend that the Council consider a policy that would establish a minimum amount of a donation that would he acceptable if advertising were to be used (consider in the neighborhood of $5,000). Staff would also suggest that the advertising be limited in size and in coloring so as not to be obtrusive to the building or the equipment it is mounted on. At this point, staff does not have a full recommendation regarding a complete policy on advertisement and requests input from the Council as to the direction this policy should take prior to submitting a full recommendation. BL:md • • September 9, 1980 f X i • The Honorable Wolfgang H. Penzel, Mayor City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 • • Dear Mayor Penzel: • My name is Larry Anderson and I am writing to you on behalf of the Board of Directors of the Hockey Association of Eden Prairie. In the near future the construction of our new Community Recreation Center will begin and that will bring about some new decisions. One of these decisions is of particular interest to the Hockey Association of Eden Prairie, that being whether or not the city will allow any advertising in the arena by organizations that donate equipment to the new facility. At the present time we are aware of two such organizations that have expressed a willingness to donate substantial pieces of equipment. Suburban National Bank is willing to donate one—half of the ice making machine (Zamboni). The cost of a Zamboni. is approximately $30,000. First State Bank is willing to donate the scoreboard costing approximately $6,000. They, of course, arc only interested in donating these pieces of equipment if they are allowed to place their advertisements on them. We certainly would not endorse turning our new facility into a giant billboard of miscellaneous advertisements, but we do encourage you to accept contributions of this magnitude and allow the donors to place their advertisements on them. Respectfully, Hockey Association of Eden Prairie • Board/of Directors • 4-Larry t.f/Anderson Y " LCA:mp cc: Council Members: Na. Sidney Pauly Mr. Dean Edstrom Mr. Paul Redpath Mr. David O:;Lerholt Mr. Robert Lambert, Community Services Director MEMORAN0UM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission TURD: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services DATE: 0ctobcr 1G, 1980 • SUBJECT: Request for BMX Trail One of the very fast growing sports for young people today is BMX racing. This is a realtivel.y :.iew sport where younger people of all ages race bicylces over a motocross type of track. These tracks are generally 700-800 feet long and include bumps, jumps, hills and 180 degree banked turns. This sport started out west several years ago and has recently become popular in the midwest. A number of cities in the metropolitan area already have tracks and more arc being planned. �- BMX enthusiasts in Edon Prairie have requested the City to consider construction • of a BMX trail. This trail should be fairly centrally located with access to large parking facilities (organized races draw from 200-400 contestants). The track ;rrca itself doscn't take very much room, one to two acres, however because of the potential for races and fairly large crowds it should he located in a community park or playfield. • The Community Services staff is recommending the Council consider authorization for construction of a BMX track at the Flying Cloud field recreation site. Attached is a copy of a schematic plan showing the approximate location and a conceptual design for a BMX track at the Flying Cloud site. This location has relatively close access to a large parking area and any races should not affect any adjacent property owners. Estimated construction cost for this facility would be approximately $5,000. If Council authorizes the construction of this facility, staff would then request approval from the Metropolitan Airports Commission for this additional facility at Flying Cloud Fields. City staff would then coordinate planning with BMX officials and other cities that have constructed similar facilities. Construct.i.on could begin in the spring and be completed by early summer of 1981. B1.:md 2L MEMORANDUM • TO: Mayor and City Council Parks, Recreation and Natural Resources Commission 11IRU: Bob Lambert, Director of Community Services FROM: Stephen Sullivan, Assistant Park Planner • DATE: October 16, 1980 SUBJECT: The Building of a Bicycle Motocross Track GENERAL DESCRIPTIONI • BMX is a community oriented recreational activity. Bicycle motocross provides a safe, healthy form of recreation for youngsters 6 to 18 years old. BMX is an individual sport where the participants supply their own equipment and practice on their own. Races would be structured through a Eden Prairie BMX Association. When races were not occurring, the track would be open for public use. A bicycle motocross track located in Eden Prairie would he a convenience to parents and participants now having to go to other cities for this type of recreational activity. A bicycle motocross track could provide a space intended for aggressive bicycle riding. A carefully designed space with this intension ( is far safer than riding in a neighborhood vacant Iot or a busy street. Insurance coverage during a race could be established at a minimal cost and during unstructured times the City's park insurance is in force. PROPOSED LOCATION The site presently being analyzed for a BMX track is located in the Plying Cloud ltallficld area. This area is close to parking and is surrounded by complementary land uses. The site offers the designer the option of a downhill, flat or combination type track. Although, drainage patterns would be slightly altered with development of a track, proper drainage could easily be established. (See map and conceptual design) COST ESTIMATE Land Leased Bulldozer $1,600 Bobcat $1,000 Announcers Stand $200 Bleachers $600 Starting Gate $100 Posts $400 Garbage Cans $40 Access Trail $1,000 $4,910 The preliminary estimated cost for the building of a BMX track is $4,910, 2cO • .z_ RECUT U N lAT1ONS_ The staff feels that because of the need and interest expressed by numerous individuals concerning the establishment of a BMX trail, it would be a worthwhile recreational activity and requests authorization to proceed with construction of this facility. SS;md • • • • . , ESr lri • lITIAL , • --_--:--_—__________•—____Ji_JL --.1 Zi•-il rr•i, -------_-_,_---1 —__Ji e.L,•,„ 71.1 .. . PARIC ,.: 1, 1 1311.-C6-4, r \ I •••,___.:_._..._..z_._________ ______ : t i___ L .., • . -.. / .. / / / .•-•• • rbi( / ,•: 7 / •/i , / . /// • \ /IIIlit MIX SITE,masmir-126''`— ci ...,„ . I fl ‘ 1 rx i , it ,• Oir, nt37it 0":01. . / $ < ', / la ir i ,,, ...\ 4 ; 0 II . • I I 1 i o , - 1 tx I. i \ • I I l tiff \ till FARMLAND • i ill; r iif • BMX ADJACENT RI"-r- /i6' iTr2.1,NqMPS am Laws. t ‘.1..... '%-P b Y.!. 'lit' ,...,.. V i' at•I'r .--. •'• • . ...'•• ., ........-T?'''::... .1 . . ''''''''....'llq.'.........."..............-'"'"........"" ) '4...\S" . tfirL 717‘. (‘''. ..4•-•.-.•••••:......"..'" ........ .. ,0'.. ' . 2 •,I, , ( /, ,"" ---7-- ---777,77 aOS . 1. TYP[C/-`t!... F.-..110X PACK LIYOUT ,. .... . 1, : - ----- ,.. . , • MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl J. Jullie, City Engineer DATE: October 16, 1980 SUBJECT: Schooner Boulevard Design Section The purpose of this memo is to clarify with the Council our intentions regarding the final design section for completion of Schooner Boulevard. Prior to creation of the tax increment plan it was our intention to phase the construction such that one set of lanes would be built initially and the remainder in the future, as traffic demands and funding permitted. However, with development now proceeding rapidly within the major center area, and with tax increment financing available, we now recommend initial construction of the complete four lane divided section, including all required utilities. Additional cost ($75 per foot) can be covered by the front foot assessments and/or tax increment funds. Unless otherwise directed by the Council we will proceed on this complete design basis. Y . CJJ:kh • • 6)6 6 MEMO • TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: October 16, 1980 SUBJECT: Washington Ave. Trunk Watermain • In 1968 the Cities of Eden Prairie and Edina jointly constructed a 12" water main along Washington Ave. from 1-494 to Hamilton Road. The agreement at that time comtemplated that Eden Prairie would eventually incorporate this main into its trunk system when water supply and the required connecting mains in Eden Prairie would become available. Eden Prairie would then provide water service for those properties in Edina located between Co. Rd. 18 and Washington Ave. Presently, Edina is supplying water to this 12" line which also serves several connections in Eden Prairie. Since the Edina water system depends to some degree on this 12" line for looping, it will be necessary, prior to disconnecting this line from the Edina system, to construct approximately 400 lineal feet of 8" water main along McCauly Trail in Edina between Sioux Trail and Samuel Road. This was the recommendation to Edina from their consulting engineers. Per the attached letter of October 7 from Francis Hoffman, Edina has received sealed bids for this connection and the low bid was $20,490. This amount would be payable to Edina by Eden Prairie within 30 days after construction is completed. Edina will provide all engineering services. Recommend approval of this project and authorization to pay to the City of Edina the construction costs (estimate $20,490.) from the City's trunk fund upon completion of the work. CJJ:kh Attachments • • 2fj�� -:5 • rNy1 {r 7GEDICJA • • J Np1 Vi(.S1 S01 N S,TNEE 1•EDINA,MiNNESOI A St 424 . G12-917-6661 October 7, 1980 . • Mr. Carl Jullie, P.E. City Engineer • City of Eden Prairie q 8950 Eden Prairie Road • Eden Prairie, Minnesota 55343 - • RE: Watermain Loop on McCauley Trail Dear Mr. Jullie: Per our telephone conversation of October 6, 1980, I am forwarding our request to you for consideration on the watermain construction on McCauley Trail. r This McCauley Trail link of watermain between Sioux Trail and Samuel Road would allow the City of Edina to complete a loop on the East side of County Road 18. With this loop completed, the City would be able to turn over the Washington Avenue watermain to your community. The City of Edina solicited bids for construction of this short segment of watermain to cost consideration on the turnover of watermain. I attach a copy of the low bid received and construction plan for your revi e1 1, 'C•- Our City Council has approved this construction subject to your Council's ' approval. We consider this to be the first step in the turnover of the watermain on Washington Avenue. Our bids were opened on October 3rd and .are valid for 30 days. Thank you for your consideration. Please call if you have further questions. . Sincerely, . . ) /. • . • 4 Francis J. Hoffm-_'aann .E. Director of Public Works and City Engineer FJM:lm • Enci: «:qrF - \:, ' • •. — a • •,•., •!,- . ' • , ot • . -..1 . • ' 1 . • . . • I • . 1...-i---J I .,\ !:. • 1 . coo. •,9 •A •i:.:. 1- "" .. ii ' I ,....:;_ • .;' /LA\ . • ' . . \ . • ._-.---. -0- /1? \ ....2r.....:It • . ) • ,rt.,......_!...f_i--.• \\\\'‘\ . • ..li. N,.• /7' 14,.... .1 1 ---,11-.3 '. %\ . • — . •: ..: .,...I --- 11 • . . .4 • . ..' . . .„.. - .. ' \. :. :* ,.•,k.i r. 1 ------,----------1 \to i i,-4 1,9 ,,c,:•-•..0 )2 ..9 .- 3 _....6.••'.....> ..,,AN - 1 T., 1•101. 1-4 ‹,.--'.-;•\'4 t` .'''''5,. ;.: i t, Z -1.:-__i_t,..), i ' \ - . . I , e. , . . . • , ,,. . .• 1113 \ / • kiTO.9 344, la , , . •vi & i 1413 43 3444,. • v. 3-13to• . . .... . 13$4 , i • • • ' 4-7.--— ._ i ./ • . .• . . I - . .(conooni 11'491 X(101. ,.1/ . 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