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HomeMy WebLinkAboutCity Council - 09/15/1981 EOEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 15, 1981 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, George Bentley, Dean /1 Edstrom, Paul Redpath and George Tangen COUNCIL STAFF: - City Manager Carl Jullie; City Attorney Roger Pauly; Finance Director John Franc; Planning • Director Chris Enger; Director of Conmiunity Services Bob Lambert; City Engineer Eugene A. Oietz, and Recording Secretary Karen Michael • INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE , ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS i II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 1, 1981 Page 2042 t III. CONSENT CALENDAR A. Clerk's License List Page 2043 { B. 1st Reading of Ordinance No. 81-10, an ordinance amending Ordinance Page 2044 No. 79-43 which provides regulations prohibiting the parking of vehicles and wllch authorizes the aesignation of areas where parking is prohibited and the ordering and placing of signs relative thereto C. Award contract for Bennett Place Improvements, I.C. 52-001 (Resolution page 2046 No. 81-192) D. Authorize Mayor and City Manager to execute a supplemental lease Page 2048 i agreement withPilysicai Electronics Industries, which will allow an easen"ant to the CJy to he established (Resolution No. 81-194) E. Award bids for softball backstops Page 2060 IV. PUBLIC HEARINGS A. Public Hearing for crretinn of flevelop nt District No. 1 and Page 2061 Econor c DevelopentDistrict, and fax Increment Financing Plan Resolution No. 81-190) B. OVERLDOK PLACE by Hustad_ Deyelqment_Corporatien_ Request to preliminary plat 30 duplex lots and 9 single family lots. Located north of Pioneer Page 1913 Trail and East of Yorkshire Point (Resolution No. 81-175) Continued & 2065A 'from 9/1/81 (Rezoning of approximately 10 acres from R1-13.5 to RM 6.5 was approved on 9/1/81) C. CITY WEST y Richard W. Anderson_ Request for PUD Concept approval Page 1937 8 for office and commercial upon 87 acres (Resolution No. 81-177) & 2066 ` Continued from 9/1/81 D. MEAOO'WS 2ND REZONING LOTS I - Il, BLOCK I by Central Investment Page 2071 Corpiiratien kaput:-« to rezone 8 lots from R1-13.5 to RM 6.5. Located at 7508 - 7578 Bittersweet Drive (Ordinance No. 81-19) `:i!•y Council Agenda - 2 - Tees.,Septemr3er 15, 1981 E. 11i.ST1:115 18,USrRiAL PARK. hy .Richard W. Anderson, Inc. Request for PUS Page 2885 1 approval of 42 acres as indost.rial,prefiniiriary platting of 4 industrial lots, rezoning from Rural and I•5 to I-2, and approval of an ( Environmental Assessment Worksheet. Located south of Co. Rd. 67 and 1 west of St. John's Woods Townhouses. (Ordinance No. 81-28 - rezoning, . Resolution No. 81-188 - preliminary plat, Resolution No. 81-189 - EAW, and Resolution No. 81-187 - PUS) 1. F. Drainage Improvements for vicinity of West 69th Page 2149 Strce t and r,TwOnnnton r.v..__. .L. _> e!'a.. Request to order improvements and aut orize preparation of plans and specifications (Resolution No. 81-191) G. Request for Municipal Industrial Development Bonds in the amount of Page 2158 P06410 tor Town & Countt _Claim Service, Inc ((Blunt Lake Center - Lakeridge Office Project) Resolution No. 81-197) V. PAYMENT OF CLAIMS NIS. 8274 - 8465 Page 2164 VI. REPORTS OF ADVISORY CUMISSIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS 1 A. -Request-from-Timothy Gagner for time extension on rezoning for Page 2159 + Alpine Estates 2nd Addition VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Memhers B. Report of City Attorney C. Report of City Manager 1. City services options Page 2172 O. Report of City Engineer 1. Resolution receivinq..petition from MTS and authorizing a Page 2173 feasibility report fora combined project to include Mitchell t RoadJcenic Heights to TNN 0/CPT Road/PITS Road, I.C. 52-Ill TResolution No. 81-193) 2. Receive petition for improvements in and adjacent to Westwood Page 2177 Industrial Park and uthori e feasibility study Th hiding_ trunk r:,itcrm,iiii lolcrel ratcrnniri, lateral sanitary seraer, roadway along west line of develpyment and the interior CUT-de-sac, I.C. 52-115 (Resolution No. 61:195) 3. Receive Illir petition for improvements for Autumn Woods, Phase Page 2161 • I-Ma—authorize preparation of plans and specifications, I.51-$16A (Resolution No. 81-196)d IX. NFW BUSINESS X. ADJOURNMENT. • • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 1, 1981 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel, George Bentley, Dean Edstrom, Paul Redpath, and George Tangen • . •COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger Pauly, City Engineer Gene Dietz, Planning Direct, • Chris Enger, Director of Community Services Bob • Lambert, Finance Director John D. Frane, Communit.: Center Manager Chuck Pappas, Human Services Coor- dinator Jan Flynn, and Recording Secretary Karen Michael INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL: All members present I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: VIII. A. Edstrom - 1. Hennepin County Solid Waste; 2. Metropolitan Council Housing Conference; 3. DNR Action Regarding Flying Cloud Airport; VIII. D. 2. Riley Lake Citizens' Meeting; D. 3. Vikings; VIII. A, Task Force. The following item was continued to October 6, 1981: IV. D. COR PUD AMENDMENT by Karl F. Peterson. MOTION: Moved by Redpath, seconded by Edstrom, to approve the Agenda as amended and published. Motion carried unanimously. II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, AUGUST 18, 1981 Page 5, para. 10, line 4: change "must" to "should", , . Page 7, para. 9, line 1: change "Gary" to MaclayTM, MOTION: Redpath moved, seconded by Tangen, to approve the minutes of the August 18, 1981, Council meeting as amended and published, Motion carried unanimously, III. CONSENT CALENDAR A. Clerk's License List B. 2nd Reading of Ordinance No. 81-04, changing the street name of W. I68th Avenue to Chatham Way in Chatham Wood • CNpud 4 City Council Minutes -2- September 1, 1981 C. Resolution No. 81-180 for Community Development Block Grants Year VIII, IX, and X Participation D. Award bid for irrigation system at Round Lake Park E. Change Order for Community Center • F. Change Order for Round Lake Park Shelter G: Award contract for Valley Place Offices Project, I.C. 51-409 and Franlo Road Improvements, I.C. 51-331 Resolution No. 81-183) H. Agreement with MnDOT to remove temporary signals and install permanent signals and related street improvements at the entrance to Hennepin County Vocational_ Technical School on TH 169 (Resolution No. 81-184) I. Resolution declaring cost to be assessed and ordering preparation of proposed 1981 Special Assessment Rolls and setting a hearing date for 7:30 p.m., eptem- ber 22, 1981 (Resolution No. 81-185) J. Reschedule public hearing on feasibility of drainage improvements, vicinity of W. 69th Street and Washington Avenue, I.C. 52-004, to September 15, 1981, at 7:30 p.m. (Resolution No. 81-186) MOTION: Redpath moved, seconded by Bentley, to approve items A - J on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A.' AUTUMN WOODS by Dennis J. Truempi. Request for rezoning of 13 acres from Rural to RM 6.5 for duplexes (46 units) and 29 acres from Rural to R1-13.5 for 38 single family lots, and preliminary plat approval. Located east of TH 101 and south of Rymarland Camp. (Ordinance No. 81-15 and Resolution No. 81-173) City Manager Jullie indicated notice of the Public Hearing had been published in the newspaper and notices had been sent to adjacent property owners. James Hill, representing Dennis Truempi, spoke to the proposal. The heavily wooded area on the eastern half of the site corresponds to the proposed single family development. Planning Director Enger said this request had come before the Planning Com- mission at its August 10, 1981, meeting. The Commission recommended approval by a vote of 6-0 subject to the recommendations contained in the Staff Report dated August 6, 1981, with the following additions/changes: a) prior to final plat submission, the developer meet with the City Engineering Department and submit revised storm water, drainage, and street name plans as requested herein paying particular attention to the surrounding land uses in Chanhassen and Eder. Prairie; b) no building permits be requested for lots within phase 3 until suc , time as sanitary sewer is available for all roads; and c) that double car gar- ages for each duplex unit be required, City Council Minutes -3- September 1, 1981 Director of Community Services Lambert reported the Parks, Recreation and Natural Resources Connission had recommended its approval of this request at its August 17, 1981, meeting. Their recommendation was that approval be subject to the recommendations outlined in the Planning Staff Report as well as the Community Service Staff Report. Penzel asked if the sewer capacities were adequate. City Engineer Dietz said they are because of a new connection at Valley View Road. Penzel inquired when Dell Road would be extended to TH 5. Dietz said the Guide Plan talks about 1990, but this will be looked into in the next few weeks when a Capital Improvements Plan is developed. Penzel asked if Chan- hassen had expressed interest in this connection, Dietz said it might be possible to negotiate something, but nothing has been specifically discussed. Joe Schmitz, 19055 Deerfield Trail, asked if the trees Rymarland Camp and the 1 site would remain as they help cut down on the noise from Highway 5. He ex- pressed concern about enrollments at Prairie View Elementary School and also concern that more lots would be available while those to the north remain un- sold. Hill said they would attempt to minimize tree removal; however many have been lost to Dutch Elm disease and storms. Penzel said the City cannot tell a developer what he can develop as far as the economics of a project; school capacities are determined by the School Board. Edstrom asked the developer if he was amenable to the conditions contained in the Planning Staff Report and the Community Services Staff Report. Truempi said he was. MOTION: Edstrom moved, seconded by Bentley, to close the Public Hearing and to give 1st Reading to Ordinance 81-15, rezoning of 13 acres from Rural to RM 6.5 for duplexes (46 units) and 2G acres from Rural to R1-13.5 fro 38 single family lots. Motion carried unanimously. MOTION: Moved by Edstrom, seconded by Tangen, to adpot Resolution No. 81-173, approving the preliminary plat of Autumn Woods, Motion carried unanimously. MOTION: Edstrom moved, seconded by Redpath, to instruct Staff to draft a Developer's Agreement subject to the conditions contained in the various re- ports of Staff members and Commissions. Motion carried unanimously, B. SUNDQUIST ADDITION by Nils Sundquist. Request to rezone 20 acres from Rural to RM 6.5 and preliminary plat 37 acres into a 13 acre outlot and 46 duplex lots for duplexes (92 units.) Located in the southeast corner of Baker Road and Valley View Road. (Ordinance No. 81-16 and Resolution No, 81-174) City Manager Jullie said the proper notices had been sent and published in the Eden Prairie News. Lee Johnson, representing Nils Sundquist, spoke to the reason for the request, outlining surrounding land uses, grading plans, road location, and access. • d�4A City Council Minutes -4- September 1, 1981 Planning Director Enger stated this item had been reviewed by the Planning Commission at its August 10, 1981, meeting at which time approval was recom- mended subject to the recommendations contained in the August 7, 1981, Staff Report per the Commission's additions/changes. Director of Community Services Lambert indicated the Parks, Recreation & Natural Resources Commission had discussed the request at its August 17, 1981, meeting and had recommended approval as per the Staff Reports. Penzel read a communication from James R. Dungan, 12771 Vina Lane, in which he • Expressed concern that the units will be renter-occupied. (See attached.) • Bentley asked if there would be active development of the park site to the south of this area. 'Lambert said there is none contemplated as the soil con- ditions are bad. Penzel questioned the rationale for proposing 21 units per acre. Johnson said a, it was his feeling that the 21 units fits into the Guide Plan. The number of structures turns out to be 1.2 per acre on a density basis. MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing and to give 1st Reading to Ordinance 81-16, request to rezone 20 acres from Rural to RM 6.5. Motion carried unanimously. MOTION: Moved by Redpath, seconded by Edstrom, to adopt Resolution No. 81-174, approving the preliminary plat of Sundquist Addition. Motion carried unani- mously. MOTION: Redpath moved, seconded by Bentley, to direct Staff to draft the Developer's Agreement including the recommendations contained in the Staff Reports and those of the various Commissions and including the 100' road con- nection to be paid for by Sundquist. Motion carried unanimously. C. OVERLOOK PLACE by Hustad Development Corporation. Request to rezone approx- imately 10 acres from R1-13.5 to RM 6.5 and preliminary plat 30 duplex lots and 9 single family lots. Located north of Pioneer Trail and East of Yorkshire Point. (Ordinance No. 81-17 and Resolution No. 81-175) City Manager Jullie said the proper notices had been published and sent to surrounding residents. Dick Putnam and Wally Hustad were present to discuss the request to rezone the Overlook Place property. Planning Director Enger said the Planning Commission had reviewed the request at its August 10, 1981, and August 24, 1981, meetings; the original plan was revised prior to the second meeting to meet objections Planning Commission members had. The Planning Commission voted to approve the preliminary plat and rezoning subject to the recommendations contained in the August 24, 1981, Staff Report (the vote was 5-1.) z •I„ :: , City Council Minutes -5- September 1, 1981 Director of Community Services Lambert explained this has not been before the Parks, Recreation & Natural Resources Commission because they have not met since the Planning Commission finished with this item. The only concern the Community Services Staff has is with the size of the totlot and its con- figuration, neither of which has been discussed with the developer. Generally speaking, totlots of less than an acre have proven to he a problem. Bentley asked if there was any other place for a totlot. Lambert said the area slopes steeply to Purgatory Creek. Bentley asked Putnam the same question to which he responded there is a spot for a larger totlot, but the slope creates a pro- • • blem with that. Edstrom wondered why the plans for this piece of property have changed. Hustad said the City at one time had rezoned the parcel for offices. While it was a desirable office site for the Hustad Company, it was determined not to be as desirable for others due to the surrounding residential area. In 1979 they had a purchaser for this parcel who wished to build doubles. A plan very similar t, that before the Council now was presented; this was passed by the Planning Com- mission but denied by the Council because they wanted to see single family res- idences built here. Hustad said they have been trying to sell this property ever since for single family homes. The marketability of the property seems to be only for doubles. Stewart Loper, 9506 Woodridge Circle, said the main issue is that of transition: I the transition between the single family low density residences in Creekwood an, the high density single family residences in Yorkshire Point. Larry Jensen, 9540 Yorkshire Lane, noted there are about 30 young kids in his neighborhood now, and it would not be safe for them to venture down the slope to a totlot and the creek. He also expressed concern about drainage problems which might occur if single family homes were to be built along the eastern edge of the property. John Kelley, 9576 Yorkshire Lane, said Hustad had told him he was not going to reduce the size of the totlot and he has. He also wondered why single family homes are proposed on the eastern edge when Hustad has claimed single family homes will not sell when duplex units are "in their backyards," Gary Radtke, 9564 Yorkshire Lane, said there will be twice as many people on Overlook Place as there now are on Yorkshire Lane. At times Yorkshire Lane is almost impassable due to on street parking. He wondered how many times Hus- tad has to be told "no." Penzel said the same proposal can be made a year afte , it has been turned down by the Council. Roland Peterson, 9507 Creekwood Drive, expressed concern about the totlot situ- ation -- he would like to see a totlot which would serve the whole area. He feels that high density housing is not a good transition betweeen the Creekwooc and Yorkshire Lane areas, Director of Community Services Lambert addressed thn parks issue stating Creekwood is served by a park off of Sunnybrook Road, He said that this is not easily accessible to the Creekwood residents right now, but as further development occurs, it will become more so, 1 City Council Minutes -6- September 1, 1981 Tom Myers, 9539 Creekwood Drive, questioned why the City had agreed to duplexes when two years ago the Council did not approve a plan similar to this. Planning Director Enger said two years ago City Staff had recomended approval as did the Planning Commission. He said Staff has been consistent in feeling duplexes were an appropriate use in the area, Myers also questioned the road work in the area. City Engineer Dietz said Creek Knoll Road will be improved pending Council action this evening -- a cul-de-sac will be built at the present intersection of Creek Knoll Road and TH 169. • Michael Blum, 9432 Creekwood Drive, asked how the City could justify putting such high density housing next to single family residences. Penzel explained this is not a City proposal, but that of a land owner; after going through var- ious Commissions/Boards, the request comes before the Council. The Council can then approve, deny, or refer back to a Commission the proposal. The proponent can come back with the same proposal one year later. Putnam said many of the issues under discussion this evening had been discussed when he appeared before the Planning Commission. Sue Schultz, 9395 Creekwood Drive, asked about the unit styles, Putnam said there would be quite a bit of variety -- four floor plans using different facades would be used, Roland Peterson wondered about the height of the slope, Edstrom asked for clarification regarding the change between the 1979 and the proposed plan. Enger said the 1979 original request was for rezoning for 28 duplex units with lot sizes ranging from 6500 - 12,000 square fee. In 1979 that request was revised to a single family request for 29 single family lots. The current request is for 30 duplex units on approximately 9.9 acres. This is a part of a larger PUD, 26 acres in size, a portion of which has already been conveyed to the City for park purposes. Edstrom asked Hustad what the price of a single family lot here would be, Hust= replied they had tried to sell them for $14,000 which was below market, The price for a double lot would be slightly more than the going price of a single family lot which is more than $20,000; however, the price would be half of that because it is a double lot. Tangen said some real concerns have been brought before the Council. He expres sed concern with the fact this had not been before the Parks, Recreation & Nat- 1 ural Resources Commission. MOTION: Tangen moved, Bentley seconded, to continue this item to the October 6, 1981, Council meeting. Motion was withdrawn after discussion relative to the timing of the project, Edstrom said he is sensitive to the transition question and would not like to approve the project at this time, Penzel concurred, Redpath said he remember•e' the comments residents of Creekwood had about Yorkshire when that was proposed. He wondered if the people would like to see the area zoned for office as its present use is. Penzel said a transition is not putting duplexes between single family. • • City Council Minutes -7- September 1, 1981 Bentley asked what is being considered when the question of density is discusses -- number of people, units, buildings, or what? At one point 29 single family homes were proposed and now the proposal is for 15 buildings or 30 units. Fewer buildings does create the feeling of transition between areas. Penzel pointed out that the total number of units on the entire property would be increased by 33%. Putnam said a commitment had been made to the Creekwood residents -- the proponent had agreed to put in single family lots on the west side of Creek • Knoll Road once that road was terminated with a cul-de-sac. These lots were to be similar in nature to those in Creekwood, but could not be developed unless ' the fill from the area now proposed for duplex lots was used to make them build- ' able lots. MOTION: Moved by Redpath, seconded by Tangen, to continue this item to the September 15, 1981, Council Meeting pending resolution of the totlot issue. Motion carried unanimously. 0. COR PUD AMENDMENT by Karl F. Peterson. Request for a revised PUD Concept approval to utilize 4.21 acres for office use with variances for parking, sideyard setback and a lot with no public road frontage. Located in the southwest corner of Co. Rd. 4 and TH 5 behind Superamerica. (Resolution 1- No. 81-176) MOTION: Tangen moved, seconded by Redpath, to continue this item to the October 6, 1981, Council meeting at the request of the proponent. Motion carried unanimously, E. CITY WEST by Richard W. Anderson, Request for PUD Concept for office and • commercial upon 87 acres, rezoning of 26 acres from Rural to Office, prelimin- ary plat approval with possible variances, and approval of an Environmental Assessment Worksheet, Located east of Shady Oak Road and south of Crosstown 62. (Resolution No. 81-177 - PUO; Ordinance No. 81-18 - Rezoning; Resolution No. 81-178 - Preliminary Plat; and Resolution No, 81-179 - EAW) Redpath announced he would abstain from the discussion because his wife owns property which would be affected by this proposal. Peter Jarvis, BRW, was present to discuss the proposal. He said the request to amend the Guide Plan had been denied by the Planning Commission at its August 17, 1981, meeting. Jarvis said Anderson would be willing to go through the pro- cess once again if only the land use issue would be discussed. MOTION: Bentley moved, seconded by Redpath, to restrict discussion to Resolutic No. 81-177, PUD Concept for office and commercial upon 87 acres. Motion carried unanimously. Redpath said he would join in the discussion since it was limited to the PUO Concept. • 0Lt cZ -r City Council Minutes -8- September 1, 1981 Jarvis reviewed the location, physiography, slopes, vegetation, soils, utilities, and access. He addressed the changes which would have to be made in amending the Guide Plan; largely changing medium density residential to office and regional commercial. Larry Laukka, Laukka and Associates, spoke as a housing specialist. Laukka stated most people would not elect this area as a housing/residential site. He said there are better places to build housing. ' Planning Director Enger said the Planning Commission had reviewed this at its • August 10, 1981, meeting. The Staff Report of August 6, 1981, addressed the three requests (PUD, Rezoning, & Guide Plan Change.) The Commission voted 4-2 to uphold the Guide Plan and to deny the request as presented. Director of Community Services Lambert stated the Parks, Recreation & Natural Resources Commission had recommended approval of City West as a concept at its 1 August 17, 1981, meeting. Edstrom asked if any warehousing was planned in the development. Jarvis said 1 there was none. Edstrom wondered who owns the home which is adjacent to this property. Anderson said Mr. Lazeretti from Champaign, Illinois, owns the home which is used by a student fellowship group. Edstrom asked if Anderson has beer working with Honeywell regarding the property they own to the north of the pro- posed project. Anderson said they are planning 500-600,000 square feet of offic and a parking ramp on 35 acres. Bentley wondered about the construction of utilities adjacent to the site. City Manager Jullie explained the sewer and water lines were constructed according tc ! overall plans for the area. Redpath asked if these trunks were of a size so sewer and water would be available to Golden Ridge and Willow Creek. Jullie said they would. Penzel asked if there are any limitations as to the percentage of impervious cover allowed in a given area. Enger said there are no limits; however the building footprint is limited to 30% and no more than a 50% floor area ratio. Penzel asked if structured parking would be preferable in this area. Enger said that might be a solution to lessen the impervious surface. Bentley questioned whether this type of project would be in competition with the Major Center Area. He asked if the City West project referred to spec offi: space or just what. Anderson said it would be pre-leased to large computer fir -- there are four such firms which have expressed an interest in office space i- this area. He said they are willing to put in a parking ramp, if the Council wishes them to do so. Penzel asked how traffic generation varies between the old Guide Plan and this • new proposal. Enger said the Guide Plan shows 8500 trips per day while the new proposal shows 15,000. • • City Council Minutes -9- September 1, 1981 Tangen asked if the heights of the buildings were of any concern to Staff. Enger responded that Phase I buildings will be 2 - 8 stories in height; we have the fire equipment to accommodate such buildings. The floor area ratio is less than the Ordinance requires. Tangen asked if the visual aspects of the building heights had been considered. Enger said that had been a consider- ation, but of more concern was the view of a massive parking area by the resi- dents to the west. • Jarvis presented letters from: Carlson Companies Inc. regarding a management contract for a hotel, Lee Data Corporation regarding the need for a hotel, and Morning Star, Inc. supporting the proposed development of office and hotel • • facilities. Penzel noted a letter had been received from James R. Dungan in opposition to the proposed project. These letters are attached to the minutes. Redpath asked what the grading plans were for the area. Jarvis said there woulc be grading, but the overall rolling character of the area will be maintained. Penzel called attention to a letter from John H. Herman whose law firm has been retained by the Greater Bryant Lake Neighborhood Association, the letter will be made a part of the record. Phyllis Redpath, owner of property at 6609 Golden Ridge Drive, asked why sewer water had been put in when rezoning had not been requested. Jullie said since the project was consistent with plans for the City and because the developer was } paying for it, the request for sewer and water was not unreasonable. Mrs. Red- path expressed concern about the roads which had been built without the knowled. and permission of the City. City Attorney Pauly said the Land Alteration Ordin- ance requires a permit if the landowner is intending to alter the land to the 1 extent of filling or excavating 1' or a 10% change in the natural features in the total area. It was determined that there was no violation of City Ordinance in this case. The Watershed District has restrained the owner; the matter was resolved to the satisfaction of the Watershed District. Warren Gerecke, 6622 Golden Ridge Drive, submitted petitions singned by area residents supporting the action of the Planning Commission. These petitions are attached to the minutes. John Herman, attorney for the Greater Bryant Lake Neighborhood Association, expressed concern about the effect development will have on the area to the west. Another concern is that the regional commercial area as proposed will compete with the Major Center Area. Herman is concerned with the state of re- view of the project and the fact the landowner has gone ahead on various phases of the project without the necessary authorization/review/permits. He foresees the need for a full environmental impact statement review. Edstrom asked the Planning Director what he forsees in the area north of Bryant Lake and west of the proposed area. Enger does not foresee office buildings in the area; but perhaps medium density residential might be built. Bentley asked if Enger thought multiple density housing would be built in that area even if City West were not to be built. Enger replied he thought so. • City Council Minutes -10- September 1, 1981 Tangen asked Anderson about the billboards on the property which have been advertising the development long before City West has come before the Council -- had the City ever been informed as to the magnitude of the project? Ander- son said he has been involved with this property for a year and a half and dur- ing that time he has spoken with City officials about once a month -- more sinc. BRW became involved in the project in February. Advertising has not been dis- cussed with City officials. • Penzel asked Pauly his view on the environmental reviews referred to in Her- • man's letter. Pauly said he would prefer to review the questions posed in the letter before commenting. Pauly did say it was his feeling that procedur- • ally PUD Concept should be followed by modification of the Guide Plan and then consideration of the environmental impact statement would follow. The current planning act is rather specific as to amending the Guidc Plan. Alfred Harrison, 6941 Beach Road, submitted a petition from residents of Beach Road opposing the proposal. He would like to see the Council look at this proposal as it affects the totality of the area. John Wilkie, 7221 Willow Creek Road, submitted a petition from the residents of Willow Creek Road requesting the Council to deny the proposal. • Ken Biersdorf, speaker for the Uherkas of 6301 Shady Dak Road, said the Uherkas are not opposed to the development. They do not feel that westward movement of office development would go beyond Old Shady Oak Road. • MOTION: Redpath moved, seconded by Tangen, to continue this item to the September 15, 1981, meeting. Motion carried unanimously. a MOTION: Edstrom moved, seconded by Bentley, to extend the meeting to 12:30 a.m. Motion carried unanimously. F. Re uest for Municipal Industrial Development Bonds in the amount of 2, 00,000.00 for ITT (Schadow) Project. (Resolution No. 81-182) Robert Inglis, General Manager of ITT Schadow, spoke to the request. Also present to answer questions was Larry McGinnis. 9 Questions centered on the depreciation schedule and the fact that the major dollar amount of the bonds is for the purchase of equipment. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 81-182, approving in principle the financing of a proposed industrial project for ITT. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 8091 - 8273 MOTION: Redpath moved, seconded by Bentley, to approve Payment of Claims Nos. B091 - 8273. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye." Motion carried unanimously. City Council Minutes -11- September 1, 1981 VI. REPORTS OF ADVISORY COMMISSIONS A. Human Rights & Services Commission - Study of human service needs in South Hennepin. Duane Pidcock, Chairman of the Human Rights and Services Commission, presented the goals and objectives of the Community Based Service Board to the Council which the Council had requested at the Joint Meeting on • July 27, 1981. • MOTION: Edstrom moved, seconded by Bentley, to approve the goals and objectives as outlined. Motion carried unanimously. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Weis Development Corporation for an additional 12-month extension on the Masters Condominiums project Mr. Weis, Rochester, Minnesota, was represented by Linnea Nye of the Eberhardt Company. She explained construction financing is very hard to find at this time. A six-month extension would not help them at all. {{� MOTION: Redpath moved, seconded by Edstrom, to grant a 9-month extension to Weis Development Corporation for the Masters Consominiums project. Motion carried unanimously. B. SMETANA LAKE TRAFFIC STUDY. Review of the Smetana Lake Traffic Study pre- pared for the City of Eden Prairie by Bennett, Ringrose, Wolsfeld, Jarvic, Gardner, Inc. Dick Wolsfeld of BRW reviewed the Smetana Lake Traffic Study and went over each system alternate. The object of the Study was to assess what traffic impact ultimate development would have and what kind of road system would be necessar:. - to serve the area. The area included in the Study was that bounded by County Road 18, I-494, TH 169/212, Bentley asked if a Washington Avenue bridge over 494 was a possibility from a financial standpoint. Wolsfeld felt a bridge would be considerably easier to get than an interchange at 1B. Bill Pearson, 8680 W. 158th Street, Prior Lake and owner of property at 7600 Washington Avenue, spoke in opposition to a frontage road along 494. He would like to see a road along 76th Street to Valley View Road. He thinks the 100' road width is too wide. He is in favor of a bridge at Washington Avenue over 494. Herleiv Helle, 6138 Arctic Way, Edina, stated he feels a folded diamond inter- change at Schooner Boulevard and I-494 would be a good idea. C1'0 n. City Council Minutes -12- September 1, 1981 Haakon Torjesen, 6605 Rowland Road, and a member of the Planning Commission expressed concern that a bridge over 494 at Washington Avenue would only pro- vide for access to the east. Little has been done under this Study to provide access or egress to the west/north. Pat Kostecka, 10805 Valley View Road, was concerned about how the costs would be assessed should Valley View Road be upgraded to serve the Study area and not because the residents in the area desire it to be upgraded. • • Frank Smetana, Sr., 7680 Smetana Lane, concurs with the findings in the Study. City Manager Jullie agrees with the recommendations contained in the Study and feel it will provide a useful guide for potential development. MOTION: Redpath moved, seconded by Bentley, to accept the recommendations of the consultant contained in the Smetana Lake Traffic Study. Motion carried unanimously. MOTION: Bentley moved, seconded by Edstrom, to continue the meeting beyond the pre- viously designated time of 12:30 a.m. Motion carried unanimously. VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Edstrom - 1. Hennepin County Solid Waste - The Solid Waste Commission would like to know if Eden Prairie would be interested in being a part of a demon- stration services project. Staff will look into this. 2. Metropolitan Housinc + Conference - will be held on September 16, 1981, in Brooklyn Park. 3. DNR Action Regarding Flying Cloud Airport - the DNR is making some changesinn airport regulations; Edstrom wished to call the Council's attention to this action and refer it to Staff. Bentley - inquired as to what action had been taken on the Barge Traffic Study. Planning Director Enger stated a hearing will be held in the near future and someone from Staff will attend. Task Force - At the Joint Meeting of the Planning Commission, Development Commission, and City Council earlier this evening, the formation of a Task • Force was discussed. The Council will communicate with all of the Commissions (Human Rights and Services, Parks, Recreation & Natural Resources, Planning, and Development) asking them to appoint 1 or 2 representatives to the Housing Task Force. Interested citizens will be asked to join this Task Force through announcements in the Eden Prairie News and Happenings. Bentley and Redpath s' volunteered to be members of the Task Force. The remaining members will be appointed at the October 20, 1981, meeting of the Council. MOTION: Edstrom moved, seconded by Tangen, to direct Staff to assist in forming the Housing Task Force and to develop a formal charge for the Task Force. Motion carried unanimously. 1 City Council Minutes -13- September 1, 1981 B. Report of City Attorney { The purchase of the Moore House was closed today, C. Report of City Manager 1. Receipt of 1981-82 City Budget City Manager Jullie presented the Budget for the coming year to the Council and noted that it calls for less than a one mill increase in City expenditures. Assessed valuations show a substantial increase. Jullie said the Budget is the product of much hard work on the part of Department Heads and John Frane. D. Report of Director of Community Services 1. FOXJET Swim Team Proposal Lambert spoke to the Swim Club proposal as outlined in his memorandum of August 13, 1981, to the Council. Gary Gandrud, FOXJET Board member, answered questions Council members had regarding the proposal. He introduced members of the FOXJET Board who were in the audience. MOTION: Bentley moved, seconded by Redpath, to approve the FOXJET Swim Club proposal. Motion carried unanimously. 2. Riley Lake Citizens' Meeting Lambert explained he had met with Mrs. Jakes and Mr, Hendrickson and City Manager Jullie regarding the realignment of Riley Lake Road. He is confident that their questions were sufficiently answered, but they might still like to express their opinions to the Council at a future meeting. 3. Vikings Concern had recently been expressed to Councilmen Redpath and Edstrom by Mike Lynn and Max Winter of the Vikings organization about the dead elm trees on property bordering their property. Lambert explained the trees present an eyesore but are so dead they do not create a disease problem. Staff was directed to assist the Vikings in rectifying the problem, E. Report of City Engineer 1, Resolution approving plans and specificiations for the improvement of the 7-494/CSAH 18 interchange, State Project No. 2785-109, f07. (Resolution No. 81-166) (continued from 8/18/81) A 6 4a cti. City Council Minutes -14- September 1, 1981 Bentley expressed concern about the westbound traffic on Townline Avenue where it intersects with West 78th Street. Enger said the merge ramp at this point had been put into the plan at the City's request. MOTION: Edstrom moved, seconded by Tangen, to adopt Resolution No. 81-166, approving plans and special provisions for State Project 2785-190, • • 207 (494-393); Federal Project I-IG-F 494-4 (139) 234; 1494 at CSAH 18. • And to request MnDOT to assist in design and funding of a grade separated crossing of I494 along the approximate alignment of Washington Avenue to replace access removed by the proposed one way frontage road. Motion • • carried unanimously. 2. Consider resolution rescinding Resolution No. 352, restricting home construction until public improvements are constructed - Nicholson property on Valley Road. (Resolution No. 81-167) - continued from 8/18/81 • City Engineer Dietz referred the Council to his memorandum of August 27, 1981. Edstrom inquired as to the cost of sewer and water per lot. Dietz said at this time the costs are not feasible on a cost/benefit ratio. Edstrom said he realizes an inequity has been created but feels by correcting the inequity a more serious problem will be creat'l. Penzel felt it would be perceived as victimizing the property owner, if this ( were not rescinded, because the property has been taxed as buildable land for a number of years. MOTION: Redpath moved, seconded by Penzel, to adopt Resolution No. 81-167, rescinding Resolution No. 352. Motion carried with Edstrom voting • "no." 3. Protected left turn lanes vs. right turn lane/bypass lane City Engineer Dietz called attention to his memo of August 27, 1981, in which he addressed the problem. Edstrom noted that a serious problem exists with a protected left turn lane on TH169 and Country Road 4. 4. Water Tower Colors MOTION: Tangen moved, seconded by Bentley, to paint the water tower under construction near Highway 101 "oyster shell." Motion carried • unanimously. ��5�� Ltd • City Council Minutes -15- September 1, 1981 IX. NEW BUSINESS ( There was none. X. ADJOURNMENT MOTION: Moved by Redpath, seconded by Edstrom, to adjourn the meeting at 1:34 a.m. Motion carried unanimously. is { • • { • CITY OF EDEN PRAIRIE • CLERK'S LICENSE APPLICATION LIST September 15, 1981 CONTRACTOR (MULTI-FAMILY & COMM.) J. R. Jones Fixture Co. CONTRACTOR (1 & 2 FAMILY) Scottom, Inc. Al Sieben Construction HEATING& VENTILATING General Sheet Metal McQuire Mechanical Services, Inc. CIGARETTE & TOBACCO Warehouse Deli These licenses have been approved by the department heads responsible for the lice Sed activity. at S Polie, Licensing Clerk 2.0g3 • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 81-10 • AN ORDINANCE AMENDING ORDINANCE NO. 79-43 WHICH PROVIDES REGULATIONS PROHIBITING THE PARKING OF VEHICLES AND WHICH AUTHORIZES THE DESIGNATION OF AREAS WHERE PARKING IS PRO- HIBITED AND THE ORDERING AND PLACING OF SIGNS RELATIVE • THERETO. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE ORDAINS AS FOLLOWS: Section 1. Section 2, Subdivision 1 of Ordinance 179-43 is amended by adding subdivision (j) as follows: • "(j) In any area prohibited by the City Council, including (i) On CSAH 1 on both sides of the roadway from 250' east of the centerline of Mitchell Road to 1,300 feet west of the centerline of Mitchell Road." 'Section 2. Section 3 of Ordinance .79-43 is amended to read as follows: "Section 3. No Parking Signs. Whenever the owner or person who is in lawful possession of property is required by ordinance, by the conditions precedent or applicable to the issuance of a use or occupancy permit, or by order of the Fire Chief, Director of Public Safety, or Bureau of Fire Prevention, to maintain driveways, access lanes, or other areas unobstructed by parked or stopped vehicles for the • • • purpose of insuring access or egress for police, fire and emergency vehicles, the owner or person in lawful possession of such property shall place or cause to be placed a sign • or signs and yellow paint curbing as follows: (1) A sign or signs shall be placed at appropriate locations, within 30 days after notification, under the supervision of the Fire Chief, Director of Public Safety, or Bureau of Fire Prevention. (2) Any such sign shall be placed in such a position • that it is visible to anyone attempting to use the way, lane or area for parking, and shall • 200 • • • state: "No Parking Fire Lane - By Order of (name of authorized person issuing order)". (3) Any such sign shall be permanent and nonportable, except when a temporary sign is approved by written order of the Fire Chief, Director of Public Safety, or Bureau of Fire Prevention. Such sign shall be no smaller than 12 inches ' and.shall be white with red lettering that is • at least two inches high. No signs designating • • a fire lane area shall be more than 50 feet apart. • (4) At the entrance to a business or an establishment where any such sign has been placed as set forth in this section, exception may be made for persons who discharge passengers from their vehicles at such an entrance. • • (5) All curbing which borders on or is adjacent to any such way, lane or area shall be painted yellow at least once a year as directed by the Fire Chief, Director of Public Safety, or Fire Inspector." Section 3. Section 4 of Ordinance #79-43 is amended by adding: "Any vehicle parked in violation of this ordinance ( shall be subject to tow at the owner's expense." First read at a regular meeting of the City Council of Eden Prairie this day of , 1981, and finally read and adopted and ordered published at a regular meeting of said City Council on the day of , 1981. • • Wolfgang Penzel, Mayor ATTEST: • • John D. Franc, City Clerk Published in the' Eden Prairie News on the day of 1981. 21. September 15, 1981 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. R81-192 • RESOLUTION ACCEPTING BID I.C. 52-001 WHEREAS, pursuant to an advertisement for bids for the following improvements: I.C. 52-001, Sanitary sewer, watermain, storm sewer and street improvements for Bennett Place, south of Co. Road 1 bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the City Engineer recommends award of contract to Richard Knutson, Inc. as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed .. to enter into a contract with Richard Knutson, Inc. in the name of the City of Eden Prairie in the amount of $118,287.40 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL Jnhn D. Franc, City Clerk 2(AG MEMO TO: Mayor Penzel and Members of the City Council .FROM: Eugene A. Dietz, Director of Public Works THROUGH: Carl Jullie, City Manager DATE: September 10, 1981 SUBJECT: Summary of construction bids for Improvement Contract 52-002, involving utility and street improvements on Bennett Place south of County Road No. 1. Sealed bids were received at 10:00 A.M. on Thursday, September 10, 1981, for the above referenced improvements. Eleven bids were received and tabulated as follows: BIDDER BID SECURITY TOTAL BID AMOUNT Richard Knutson 5% $118,287.40 Thomas Montgomery 122,775.60 0 & P Contr. " 127,309.90 Kirkwold Constr. 132,677.93 Brown & Cris 136,041.60 Nodland Assoc. 136,646.30 Hennen Const. 160,358.30 Orfei & Sons 161;840:31 172,249.75 Northdale Cons. Co., Inc. 177,135.70 Parrott Const., Inc. 184,199.50 G & L Contracting Engineer's Estimate $140,200.00 The low bid is approximately 16% below our estimate. The #3 and #9 bidders submitted irregular bids by not using the amended bid form. All other bidders used the correct form. I have reviewed these two bids and find that the proper bid form would not alter the low and second low bid. Therefore, I recommend that Contract 52-002 be awarded to Richard Knutson, Inc., in the amount of $118,267.40. EAD:kh .7.oq7 CITY OF EVEN PRAIRIE September 11, 1981 HENNE.PIN COUNTY, MINNESOTA RESOLUTION NO. R81-194 WHEREAS, the City of Eden Prairie as lessor has entered into a Lease with Physical Electronics Industries, Inc. as tenant dated March 1, 1974 in connection with the $980,000.00 Industrial Development Revenue Bonds Physical Electronics Industries, Inc. Series 1974 City of Eden Prairie, Minnesota financing; and WHEREAS, the City of Eden Prairie desires to establish an easement for utility purposes over, under and across a part of j the leased premises described in the attached Exhibit A; and k WHEREAS, the tenant's representative has provided written certification that the easement is necessary or desirable to I provide utility service for the project and will not impair the usefulness of the project for the purposes contemplated in the } Lease; and 1 WHEREAS, the Lease contemplates the execution of a Supple- ment to the Lease as called for in Section 8.02 of the Lease; and WHEREAS, there has been presented to this council a copy of the Supplement to the Lease, which copy is now on file in the office of the Clerk; 1 NOW, THEREFORE, on execution of the Supplement to the Lease by the tenant, the Mayor and City Manager shall execute the same (in substantially the form as is on file with the Clerk) and such other certifications, documents or instruments as shall be required on behalf of the City, subject to approval of the City Attorney. All certifications, recitals and representations therein shall constitute the certifications, recitals and representations of the 2 QA Page -2- City. Execution of any instrument or document by one or more appropriate officers of the City shall constitute and be deemed the conclusive evidence of the approval and authorization by the City and the council of the instrument or document so executed. • .Adopted, by the City Council of Eden Prairie, this day of , 198___ Wolfgang H. Penzel, Mayor ATTEST: • John D. Franc, Clerk • • aau9 • f61XI 600-0766 • LAW O P C I C C■ LAND, PAULY & GREOERHON, LTD. 4100 100 CENTER MINNCAPOUO,MINNCOOTA 65402 ROOC.RT I.'RNLI RORC.R A. PAIILY OAVIO'N. I,R[uCRBON R.THOMAU tirlrcuc.JR. RICHAIIO C. ROUOW • LAW/V./CC J.BAOOLUNO • September 3, 1981 • • Mr. Gene Dietz I City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Utility Easement - Physical Electronics Dear Mr. Dietz: Enclosed please find for execution by the City a supplement to the lease between the City of Eden Prairie and Physical Electronics Industries, Inc. and a resolution authorizing the execution of the documents by the City. The City had previously requested an easement from Physical Electronics for utility purposes, but since the property is the subject of an industrial revenue bond financing and is currently owned by the City, a supplemental lease is required. Please have the resolution placed on the next City Council agenda and thereafter return to me two fully executed copies of the supplemental lease. Please ask the mayor and city manager to initial the changes made to the agreement on page one. The tenant, Perkin-Elmer Corporation held an to these documents for almost a year and accordingly these changes on the first page were initialed rather than submitting a new agreement. If you have any questions, please call. Very truly yours, LANG, P Y & GREGERSON, f . RFR:flc BY: .1 Enclosures i lar• P. R sow Zoo • CERTIFICATE I, John D. Franc, City Clerk of the City of Eden Prairie, Minnesota (the City) hereby certify that the attached is a true and correct copy of Resolution No. adopted by the City Council at a meeting duly called and held on August , 1981. Witness my hand and the official seal of this City this day of , 1981 John D. Frane, City Clerk (SEAL) 2GS1 • DESCRIPTION OF PREMISES: • • • An easement for utility purposes over, under and across that part of the SW 1/4 of the NE 1/4 of Section 1, Township 116, Range 22, Hennepin County, Minnesota, lying southerly of Flying Cloud Drive (formerly Trunk Highway No. 169) said easement lying �� and 5.00efeetu each Jsideterlyofof the efollowing gdescribedd line e"BA. LINE "A" Commencing at the intersection of the East line of said SW 1/4 of the NE 1/4 and the southeasterly right of way line of Flying Cloud Drive; thence S 68° 50' 01" W, on an assumed bearing along the southeasterly right of way line of Flying Cloud Drive, a distance of 472.00 feet to the point of beginning of Line "A"; thence N 68° 50' 01" E along said southeasterly right of way line, a distance of 407.00 feet and there terminating. • LINE "B" Beginning at the termination of the above described Line "A"; thence S 46° 39' 59" E, a distance of 80 feet more or less to the East line of said SW 1/4 of the NE 1/4 and there terminating. • • • • EXHIBIT "A" • 2USz • • SUPPLEMENT TO LEASE BETWEEN CITY OF EDEN PRAIRIE, MINNESOTA AND PHYSICAL ELECTRONICS INDUSTRIES, INC. AS TENANT DATED MARCH 1, 1974 ` r DATED AUGUST I?, 198w • • This Supplement to Lease between City Of Eden Prairie, Minnesota • and Physical Electronics Industries, Inc. as Tennant dated March 1, 1974, made this /q day of ilu9JS i" , 1984 by and between the City of Eden Prairie, Minnesota and The Perkin-Elmer Corporation.• WITNESSETH: WHEREAS the City of Eden Prairie, Minnesota and Physical • Electronics Industries, Inc. entered into a Lease dated March 1, 1974; • and J_. WHEREAS on July 29, 1977 pursuant to the terms and conditions of an Agreement of Merger dated as of June 16, 1977 (the "Merger Agreement") between P.K.N. Corporation ("P.K.N.") a wholly-owned subsidiary of The Perkin-Elmer Corporation ("Perkin-Elmor") and Physical Electronics Industries, Inc. ("PHI"), P.K.N. was merged into PiHI ("the merger") and PHI became a wholly-owned subsidiary of Perkin-Elmer; and WHEREAS on July 30, 1978 PHI was dissolved and merged into and became an operating division of Perkin-Elmer; and WHEREAS the City desires to establish an easement for utility purposes over, under and across a certain part of the leased premises described in Exhibit A; and WHEREAS neither the City nor the Tenant is now in default under the Lease or the Mortgage and Indenture of Trust.• NOW THEREFORE, in consideration of the provisions and covenants contained herein, the City and Perkin-Elmer hereby agree as follows: 1. The City may establish an easement for utility purposes over, under and across that part of the leased premises described in Exhibit A hereto. 2. The City and Perkin-Elmer agree to execute all documents necessary to release the land covered by said easement from • the lien of the Mortgage and Indenture of Trust between the City of Eden Prairie, Minnesota and Northwestern National Bank of Minneapolis, Trustee, dated March 1, 1974. ( 3. At such time, if any, as Perkin-Elmer exercises the option to purchase the project pursuant to Section 8.07 of the Lease, the title to be conveyed by the City shall, in addi- tion to the items set forth in Section 8.07(4), be subject to an easement in favor of the City as described in Exhibit A. 4. This supplement may be simultaneously executed in several .counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. • IN WITNESS WHEREOF, the City and Perkin-Elmer have caused this • supplement to be executed in their respective corporate names and attested by their duly authorized officers, all as of the date first above-written. CITY OF EDEN PRAIRIE . By H. Penzel, Mayor By City Manager • THE PERKIN-ELMER CORPORATION Dr. Roland Weber, Vice-President • _2- 2094 • STATE OF MINNESOTA) )SS. COUNTY OFy,vI 74 The foregoing instrument was acknowledged before me this .26 day of ��` ��% ; 1980, by Dr. Poland Weber, Vice-President of • the corporaftion named herein, a New York corporation, on behalf of • the corporation. FItALL“, l• }(n e. \ 111;rrirf:ta tJ.:atA �i� a, F@h riNC u NWraa' Notary Public • STATE OF MINNESOTA) )SS. COUNTY OF • The foregoing instrument was acknowledged before me this ! day of , 1981, by Wolfgang H. Penzel, Mayor and Carl. !� Jullie, City Manager of the City of Eden Prairie, the municipal cor- f `1 poration named herein, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public DESCRIPTION OF PREMISES: • An easement for utility purposes over, under and across that part of the SW 1/4 of the NE 1/4 of Section 1, Township 116, Range 22, Hennepin County, Minnesota, lying southerly of Flying Cloud • Drive (formerly Trunk Highway No. 169) said casement lying 10.00 feet southeasterly of the following described line 'A" and 5.00 feet each side of the following described line "B". LINE "A" 1 Commencing at the intersection of the East line of said SW 1/4 of the NE 1/4 and the southeasterly right of way line of Flying Cloud Drive; thence S 68° 50' 01" W, on an assumed bearing I _ - along the southeasterly right of way line of Flying Cloud Drive, a distance of 472.00 feet to the point of beginning of Line "A"; thence N 68° 50' 01" E along said southeasterly right of way line, a distance of 407.00 feet and there terminating. • LINE "B" 1 v. Beginning at the termination of the above described Line "Al..; thence S 46° 39' 59" E, a distance of 80 feet more or less to the East line of said SW 1/4 of the NE 1/4 and there terminating. • EXHIBIT A • ZUS6O • CONSENT AND RELEASE The undersigned, a corporation under the laws of the State of New York, successor to the lesee under a Lease hereinafter described, for a valuable consideration, does hereby consent to the establishment ' • of the easement described in Exhibit A attached hereto, and does forever • discharge and release the above-described easement from all claims and liens of and under the Lease dated March 1, 1974, executed by City of Eden Prairie, as .lessor, to Physical Electronics Industries, Inc., as • .lessee, filed in the Office of the County Recorder in and for the County of Hennepin, State of Minnesota, on the llth day of March, 1974, and recorded in Book of , Page , as Document No. 4070692, • covering the above and other land. IN TESTIMONY WHEREOF, the said corporation has caused these presents to be executed in its corporate nq by its Vice-President this Iq day of Avyvst , 198/7z1") • i • 1 THE PERKIN-ELMER CORPORATION By s'CZej Dr. Roland Weber, Its Vice-President STATE OF MINNESOTA) )SS: • COUNTY Oui :�✓ // The foregoing instrument was acknowledged before me this Q day of , 1980, by Dr. Roland Weber, the Vice-President • of the cor ration named herein, a New York corporation, on behalf • of the corporation. ►ArwaM«« Notary Public ELLA E.KASPER • • �N1 NOTAAT PIS:WC•IAINNCSOTA L ,Y:'I HENNEPIN COUNTY • �) NT WMn+r.An GIPIM Mn a Ixs 2057 . • DESCRIPTION OF PREMISES: • • An easement for utility purposes over, under and across that part of the SW 1/4 of the NE 1/4 of Section 1, Township 116, Range 22, liennepin County, Minnesota, lying southerly of Flying Cloud Drive (formerly Trunk Highway No. 169) said easement lying 10.00 feet southeasterly of the following described line 'A" and 5.00 feet each side of the following described line "B". • LINE "A" • Commencing at the intersection of the East line of said SW 1/4 of the NE 1/4 and the southeasterly right of way line of Flying Cloud Drive; thence S 68° 50' 01" W, on an assumed bearing along the southeasterly right.of way line of Flying Cloud Drive, a distance of 472.00 feet to the point of beginning of Line "A"; thence N 68° 50' 01" E along said southeasterly right of way line, a distance of 407.00 feet and there ( terminating, • LINE "B" Beginning at the termination of the above described Line "A"; thence S 46° 39' 59" E, a distance of 80 feet more or less to the East line of said SW 1/4 of the NE 1/4 and there terminating. • • • 2O EXHIBIT A • CERTIFICATE OF TENANT'S REPRESENTATIVE The Perkin-Elmer Corporation, hereby certifies that the easement proposed to be established by the City of Eden Prairie over the leased premises is necessary and desirable to provide utility services for the project and will not impair the usefulness of the project for the pur- poses contemplated in the Lease dated May 1, 1974 by and between the • City 4f Eden Prairie, Minnesota and Physical Electronics Industries, Inc. as Tenant. • Tena�Representative 1 • 20S9 • • i MEMORANDUM • TO; Mayor and City Council THRU: Robert A. Lambert, Director of Community Services • FROM: Stephen Calhoon, Park Planner DATE: September 9, 1981 SUBJECT: Softball Backstop Bids On Tuesday, September 8, 1981, staff received, opened and publicly read bids for 8 softball backstops. The backstops are to be installed at Round Lake Park (4), Lake Eden Park (2), Hidden Ponds Park (1) and Creekwood Park (1).. These backstops are to be completed on or before October 15, 1981. Funding for these backstops is derived from the 1979 Park Bond Referendum. Bids received are as follows: Tennis West Ltd. $6,975.00 Century Fence Co. 7,984.00 Crowley Fence Co. 8,773.00 E. F. Anderson & Associates 10,800.00 Lynx Fencing Inc. 11,720.00 Staff recommends the contract be awarded to Tennis West. Ltd in the amount of $6,975. SC:md • • • 2U6:0 FIRST DRAFT - O'CONNOR & HANNAN September 2, 1981 CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. 81-190 A RESOLUTION ESTABLISHING AND DESIGNATING DEVELOP- ' MENT DISTRICT NO. 1 PURSUANT TO THE PROVISIONS OF MINNESOTA STATUTES, SECTIONS 472A.01 TO 472A.13, INCLUSIVE, AS AMENDED, AND MINNESOTA STATUTES, • SECTIONS 273.71 TO 273.78, INCLUSIVE, AS AMENDED, AND ESTABLISHING TAX INCREMENT DISTRICT NO. 1 PUR- SUANT TO THE PROVISIONS OF MINNESOTA STATUTES, SECTIONS 273.71 TO 273.78, INCLUSIVE, AS AMENDED AND ADOPTING AND APPROVING A DEVELOPMENT PROGRAM AND FINANCE PLAN FOR SAID DEVELOPMENT DISTRICT AND TAX INCREMENT DISTRICT. BE IT RESOLVED by the City Council (the "Council") of the City of Eden Prairie, Minnesota (the "City"), as fol- lows: Section 1. Recitals. 1.01. It has been proposed that the City establish a development district within the corporate limits of the City and approve a tax increment financing district and a tax in- crement financing plan with respect thereto, all pursuant to and in accordance with Minnesota Statutes, Chapter 472A, as amended, and Minnesota Statutes, Sections 273.71 to 273.78, inclusive, as amended. The proposed development district has been designated as Development District No. 1 (the "De- velopment District"). 1.02. This Council has caused to be prepared, and has investigated the facts with respect thereto, a proposed Development Plan and Program for the Development District (the "Development Plan") , defining more precisely the prop- erty to be included in the Development District and de- scribing the action to be undertaken by the City to aid the development of the Development District, and has caused to be prepared, and has investigated the facts with respect thereto, a proposed Tax Increment Financing Plan (the "Financing Plan"), defining more precisely the property to be included in the tax increment financing district (the "Tax Increment District") and other matters relating thereto. s . g e 8 , : :. 2061 1.03. The City has performed all actions required by law to be performed prior to the establishment of the De- velopment District, the Tax Increment District and the adop- tion of the Development Plan and the Financing Plan relating thereto, including, but not limited to, consultations with Hennepin County and the School Districts having taxing jurisdiction over the property proposed to be included in the Tax Increment District, a review of the proposed De- ••• • velopment District and Tax Increment District and the De- velopment Plan and Financing Plan by the City Planning Com- mission and the holding of a public hearing upon published • and mailed notice as required by law. 1.04. The Council hereby determines that it is neces- sary and in the best interests of the City at this time to establish the Development District and the Tax Increment District and to adopt and approve the Development Plan and the Financing Plan relating thereto. Section 2. Findings and Establishment of Development District 2.01. The Council hereby finds, determines and declares that the Development District constitutes a "development district" as defined in Minnesota Statutes, Section 472A.02, Subdivision 11, and, therefore, constitutes a "project," as defined in Minnesota Statutes, Section 273.73, Subdivision 8. 2.02. The Council further finds, determines and de- clares that the establishment of the Development District and the financing of the Development Plan by the City pur- suant to the Financing Plan is intended and, in the judgment , of this Council, its effect will be, to provide an impetus for commercial development, increase employment and other- wise promote certain public purposes and accomplish certain objectives specified in the Development Plan, Minnesota Statutes, Section 472A.01, and Minnesota Statutes, Sections 273.71 to 273.78, inclusive, as amended. 2.03. Under and pursuant to Minnesota Statutes, Chapter 472A, as amended, and Minnesota Statutes, Sections 273.71 to 273.78, inclusive, as amended, Development District No. 1 is hereby established, designated and numbered in and for the City. The property included in the Development District shall be the property described in the Development Plan for the Development District approved in Section 4 hereof. - 2 - • 2GG2 Section 3. Findings and Establishment of Tax Increment District. 3.01. The Council hereby finds, determines and declares that the Tax Increment District constitutes a "tax increment financing district", as defined in Minnesota Statutes, Sec- tion 273.73, Subdivision 9, and further constitutes an "economic development district", as defined in Minnesota • Statutes, Section 273.73, Subdivision 12. 3.02. The Council further finds, declares and deter- • •mines that the Tax Increment District does not meet the requirements found in the definition of redevelopment dis- trict or housing district, as defined in Minnesota Statutes, Section 273.73, Subdivisions 10 and 11, respectively, but is in the public interest because: (a) It will discourage commerce, industry or manu- facturing from moving their operations to another state; (b) It will result in increased employment in the City; (c) It will result in the preservation and en- hancement of the tax base of the City. 3.03. The Council further finds, determines and de- clares that the proposed development, in the opinion of the Council, would not occur solely through private investment within the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed necessary; that the Financing Plan conforms to the general plan for the develop- ment of the City as a whole; and that the Financing Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the Tax Increment District by private enterprise. 3.04. The Council further finds, determines and de- clares that the establishment of the Tax Increment District and the adoption and approval of the Development Plan and the Financing Plan by the City is intended and, in the judg- ment of this Council, its effect will be, to promote the purposes and objectives specified in this Section 3 and otherwise promote certain public purposes and accomplish certain objectives specified in the Development Plan, the Financing Plan, Minnesota Statutes, Section 472A.01, and Minnesota Statutes, Sections 273.71 to 273.78, inclusive, as amended. 3.05. Under and pursuant to Minnesota Statutes, Sec- tions 273.71 to 273.78, inclusive, as amended, Tax Increment District No. 1 is hereby established and approved in and for - 3 - zU63 the City. The property included in the Tax Increment Dis- trict No. 1 shall be the property described in the Financing Plan for the Tax Increment District approved in Section 4 hereof. Section 4. Adoption of Development Plan and Financing Plan. 4.01. The Development Plan for the Development District and the Financing Plan related thereto, presented to the . Council on this date, is hereby approved and adopted and .shall be. placed on file in the office of the City Clerk. The Development Plan and the Financing Plan are in the form attached as Exhibit A hereto, and hereby made a part hereof, entitled "Development District No. 1 and Tax Increment Fin- ancing Plan for Economic Development District, City of Eden Prairie, Minnesota, September 15, 1981." Section 5. Implementation of Development Plan and Fin- ancing Plan. 5.01. The officers of the City, the City's financial advisor and underwriter therefor, and the City's legal coun- sel and bond counsel are authorized and directed to proceed with the implementation of the Development Plan and Financ- ing Plan and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all fur- ther plans, resolutions, documents and contracts necessary for this purpose. Section 6. Certification of Assessed Value. 6.01. The Board of Commissioners of Hennepin County, acting as County Auditor of Hennepin County, are hereby requested to certify the original assessed value of all real property within the applicable parcels of the Tax Increment District, as described in the Financing Plan as of January 2, 1980, and each year hereafter to certify the amount by which the assessed value has increased or decreased from the assessed value of January 2, 1980, and also to certify the proportion which any such increase or decrease bears to the total assessed value for the real property in the Tax Incre- ment Districts for that year and also to remit to the City of Eden Prairie each year, commencing on the date indicated in the Financing Plan for the Tax Increment District, that proportion of all taxes paid that year on real property in - 4 - 2O • • • ter_ • the Tax Increment District which the captured assessed value bears to the total current assessed value, all pursuant to Minnesota Statutes, Section 273.76. • • • • Mayor Attest: City Clerk • I- I r - 5 - 2 c5 • • September 10, 1981 Eden Prairie City Council ' City Hall • Eden Prairie, Minnesota 55344 Re: Rezoning request for Overlook Place Ordinance #81-17 Resolution #81-175 Gentlemen: We take this opportunity to correct the record and to address certain issues raised at the September 1, 1981 City Council hearing on the above-captioned matter. First, we neglected to request that our letter of August 27, 1981 be spread upon the record of the public hearing before the City Council. We regret that oversight and request that said letter be made a part of the official proceedings, as it expresses the opinion of the residents of Creekwood whose names were appended to that letter. From time to time throughout the hearing procedure, both before the City Council and the Planning Commission, the Hustad Development Corporation in the persons of Mr. Hustad and Mr. Putnam alleged that the opposition of Creekwood residents prompted Hustad Development to deviate from the plat and development of Overlook Place as proposed at the time Yorkshire Point was submitted for plat approval. Hustad would have the council believe that the proposal for duplex develop- ment currently under consideration is a direct result of Creekwood residents objection to the proposals made concerning the development of Overlook Place at the time Yorkshire Point was platted. We think the record is clear that at the time Yorkshire Point was platted, Hustad represented that Overlook Place would be developed as a transition, in terms of structures, lot sizes, and population density between Yorkshire Point and Creekwood. A review of the record reveals that Creekwood residents did not object to the proposed Yorkshire Point, nor did they complain at the hearings in 1977 of proposed develop- ment of land now encompassing Overlook Place. 9 Ain S f, • L4 • Eden Prairie City Council September 10, 1981 Page 2 From the hearing on September 1, it is clear that the city planner insists on including the area of land previously conveyed to the City of Eden Prairie through which Purgatory creek runs in calculating the population density in the proposed Overlook Place. We feel it is inappropriate to consider that piece of land in considering . the population density inasmuch as that land is not part of this plat; it is in the flood plain of Purgatory Creek and subject to control by the watershed district; and the land is unbuildable. In addition, Mr. Lambert has expressed the opinion on numerous occassions that the area is not suited for park development or improvement, and it is virtually unusable by the residents of Yorkshire Point and Creekwood as a recreational area. It should not, therefore, be considered in figuring population density of Overlook Place. At the September 1, 1981 meeting, Councilman Redpath commented that he saw no transition difficulty with the proposed Overlook Place development and sited duplex housing situated among single family units in the • Dewey Hill area of Edina. Of course, the residents of Creekwood would have substantially fewer objections to the proposed plat in terms of transition and density if the plat contemplated the mixture of single family and duplex lots on lot sizes which meet Edina's minimum square foot requirements. Councilman Tangen suggested that it would be prudent to approve the proposed plat of Overlook Place simply to assure the council that it will not have to deal with subsequent proposals in subsequent years. We respectfully suggest that the appropriate way to discourage repeated applications by the same individuals for essentially identical plans is to adhere to the policies stated in the guide plan for Eden Prairie and to follow the position of the City Council as stated from time to time in previous years. In substance, we feel that the proposal currently before the council for the development of Overlook Place is not an appropriate transition between Yorkshire Point and Creekwood in terms of land use, structures, and in terms of the proposed population which will be inserted in that area. Very truly yours, CREEKWOOD RESIDENTS ift . . .. . „ . , . -___ 1 .40.( ' ' •"."1 n..' 0,.._-_(1 i't . . • 7(":"-- ' i . .., ...k.oex..v7f2-91"----- . t e? i-R .ecti-e-aS/2-1----, 94%FS C_(.teek.v.Im Zen-, • . i ----). . . , i 1.4.--:--"•;C-4::?-;,--.2"-t-Cci..— . ,.-- / • 4,,s-"4.-gc. •• 6.7.1.0/,,427..•2i.c,4-.. , , .' • • - ' .9 9 R 0 C./......t_i__ (.."....•-t-e,ce..... Q-4,. (c.4_2/;',2/./ ./ • 5O41 aj'cc.6..c.eL,tj, _, 1.1 qq,eii eci_de,,,,e-ri-ee4y,.4_,) I . . . , i . •L,...... !,_.,.....:( I 4.010....l 6_1,, i .,-,-„, 9 ?, cc, c.;L.1 Li,: .9 4.1 3;-,,.... 4..4...4_1_,..4 -u-1. 4.9-4- . ) J, • . .. tr)7-3cg-Ctal&-4-07,- O . • , . . i • /2 . .1'1 ,s , . 1 j s 72z//6 e,---,e 1 bv tic.(e P, . ,P ZA24 Oe. 7//9 ,d,..d1.4.19.z. 4, 1 . . ! I • Ft.5-39 ecah t.c...,,...,e LI. 2.0(0SC-) • :::-.... IUD ¢ '��m�, �• 9s23 C � a - • • • • ,, i� Ia •• • • • • • 20450 �1 I' ,may Leonard tt Betty Uherka 6301 Shady Oak Road Eden Prairie, Minnesota .55344 September 4, 1981 Eden Prairie City Office • 8950. .Eden Prairie Road Eden Prairie, Minnesota 55344 Your Honor; Mr. Mayor, Mr. Edger, Members of the City Council, and Friends, We are a family whose members have resided on this homestead-just south of Crosstown Highway #62, and are located on the "island" between the two Shady Oak Roads. Leonard was born on this property and our farm has been in the family for 5 generations. We and our ancestors have paid taxes throughout all these past • years, and have contributed by our efforts to the preservation of this land, just as have many other former residents, whose occupation was agriculture in this area. We, together with our children, have strived to be instrumental in preserving its beauty in a manner whereby it could be, and has been enjoyed by many others.as well. But as we all know-time brings changes-which we are told are called-"Progress." On August 4th, 1969, the "New" Shady Oak Road construction was begun on our property. Because of this traumatic experience, we were left with fragmented land, of which road construction absorbed 7 of our acres-which were not on any outer edge, but rather which cut through the center of our farm, extending north to south, and also a second road-which extends east and west-adjoining the old and the new Shady Oak Roads- thus leaving us with "four fragments"-as a remainder of our homestead. The Highway Department excercised its privilege of condemning the seven acres of our land-for their proposed use, disregarding any consideration for us whatsoever. Needless • to say, this resulted in the termination of our varied truck gardening-mainly that of raspberries, strawberries and other. We have not enjoyed having been left much lower than the road, but again have had to adjust to the changes, while the neighboring community has enjoyed the convenience and the improved safety of these roads, while we absorbed the inadequate compensation from the County Highway Department. Later on, the Gustafson Associates presented a very complimentary plan to Eden Prairie, to develop the area across the new Shady Oak Road - (the present ADI) but even then, the plan was unmercifully "attacked and opposed" by certain neighborhood areas, by its citizens. We have attended numerous meetings, have consulted with authorities, regarding the guide plan, throughout these past years, and were informed that our land lends itself to a category other than residential, for development, since the road and its height have now detracted from it. We were advised that it is far more suitable for commercial development, and that it would be within our legal rights to apply for a variance were it necessary, since the drastic road changes occurred. % ti 2(i66 ( Continued) page 2 • Directly to the north and east lies the large Opus Development, and lying directly east of our property, are the 35 acres owned by Honeywell-and the access to Highways #169, 212, and 18. We of course are not knowlegeable as to what "use" or plans Honeywell will be requesting, but we sincerely believe that whatever final approvals will be decided upon, pertaining to the adjacent property east of us, and the remaining "island" • owners, that they would all be complimentary one with the other-as well as with any'Of the other surrounding area. .We have faith in our City Officials, that they will give these matters their utmost practical and economic consideration. 'We do not oppose residential zoning as such, but realize the need for wise judgement. It is not our responsibility to accommodate those of neighboring opposition, with the 'original country side landscape or view", nor are we obligated to absorb that cost any longer. - We suggest that the residents of Eden Prairie that find it difficult to adjust to these inevitable changes-might then consider purchasing any or all of the surrounding tracts of land of which they dissaprove of its proper development-then. also become its taxpayer, and thus make it possible for their continued enjoyment, within this neighborhood. :• Due to our present circumstances, and physical changes of our land, we are now compelled to sell our property--regretfully—with an attempt to continue our residency in Eden Prairie. Ac".1.1e111"d,,, •. 4, • • 2a? . 1 LARKIN', HOFFMAN, DALY & LINDOREN, LTD. ROSE*•.,.1..owIN cN Rliro:�iw��DICT:EN JACA,.OAL• "'CMS K.SCCK ' I ATTORNEYS AT LAW D.RENNET..LINDORCN RIGNAITO I.OIAMONn ANDREW W.DANIELSON JONN R.SCATT.D • WENDELL R.ANDERSON JOS S.SWIER2EWS011 1600 NORTHWESTERN FINANCIAL CENTER *DIALS N.•RICUCLL M ICNAELL.MAROULICS OSERT S.wN.TLOCR L.STERN 7900 XERXES AVENUE SOUTH MULLIGAN THOMAS J.•L•NN ROSEN J.NDNNC SSi• RODERICK I.MACRCNTIE MINNEAPOLIS.MINNESOTA 56*31 RONALO R•LETCHCR MICHAEL D.SCNWART: C.i•MCHSON •ORICST O.NOwLIN ' TELEPHONE 10131 836-3800 NDWARO J.DRISCOLL .CU1... JAMES P.NII.fT MICHAEL J CKM•N INCERE N. LLEA •C.CURTIN SOLOMON NIEL A.QUINLAN 4324 105 C[M[R II01 CONNCC TIC UT AVENUE,M.W. JOSERN w• •NON+ JEROME M.KAMNKD NINNEADOLIS•HINNESOTA SSA02 WAfNINOTON,D.C.20036 0•W0 C.•[LL[AOSCN T0001.PP CCMAN JOHN D.,ULLNiw CAT..T"ONION TELEPHONE IS121 11311•3500 TELEPHONE I toll 223-113SS NONERT C.SOTLE JOSEPH T.NOLEN wvC• •..DREW J.MITCNELL ROSERT •T.HONTAOUC.J0.. • M.STROTNER • O.REICHOOTT S.MODELL • RICMMO A.,ORSC..L[w Or COUNSEL INDA M nSNCR JOSEPH,.•O ., r..OM•1 P.STOLTM•N LINN J.viSCS,0,411 • September 9, 1981 Mr. Roger A. Pauly Eden Prairie City Attorney 4108 IDS Center Minneapolis, Minnesota 55402 le: Anderson Development, Inc. City West Proposal Dear Mr. Pauly: This letter is in response to the legal questions concerning • environmental reviews and guide plan amendments raised at the September 1, 1981 City Council hearing on City West. I. Environmental Review Process. A. The Environmental Assessment Worksheet (EAW) Requirement. The Environmental Quality Board's (EQB) environmental review program rules, (6 MCAR §3.021 et sue.) require that an EAW be prepared for projects of the scope and size of City West. Such an EAW has been s prepared. City staff, after thorough review, correctly concludes that City West does not require an EIS. s' B. The EQB's proposed environmental review program rules do not i apply. §' Mr. Herman claims that the proposed draft environmental review rules being circulated by the EQB are applicable. The EQB has not held hearings on these proposed rules. There is no assurance, in fact little likelihood, that the rules will be adopted as currently proposed. Furthermore, even if adopted, the new rules would not• apply to City West. 6 MCAR S3.021(B) provides, in 2-0t3 LARKIN. 1iOFITMAN, DALY Sc LINDGREN, LTD. Mr. Roger A. Pauly September 9, 1981 . Page Two • . These rules shall apply to actions for which environmental review has not been initiated prior to the effective date , of these rules. For any action for which environmental review has been initiated by submission of a citizens petition, environmental assessment worksheet, environmental impact statement preparation notice, or environmental impact statement to the Environmental Quality Board prior to the effective date of these rules, all governmental approvals that may be required for that action shall be acted upon in accord with the prior rules. No one knows at this time what the effective date of these new rules will be, and this will not be known until sometime after hearings are held. C. The possible Honeywell facility is not a "related action" to City West. It has been suggested that City West and the possible Honeywell facility oe treated as "related actions" as that term is defined in 6 MCAR 53.025 (E) (1) . This suggestion is inconsistent with the EQB rule cited for the simple reason that the possible Honeywell facility does not constitute an "action" as defined in the EQB rules, and therefore cannot be a "related action". There is presently no indication that the Honeywell development is planned and no proposal has been submitted to the City which would indicate that development of the Honeywell site will occur at the same time as City West. The mere fact that Honeywell owns the property adjacent to City West on which it may construct a facility is not sufficient to constitute an "action" which can be said to be "re- lated" to City West. D. An indirect source permit for City West will be required. The fact that an indirect source permit from the Pollution Control Agency (PCA) is required has no impact or bearing on how Eden Prairie resolves the land use issues raised by City West. PCA regulations specifically make the indirect source permit a precondition to "con- struction", not local government approvel. (See APC 19(b)). This indirect source permit will be applied for and obtained by the developer subsequent to concept plan approval and prior to commencement of con- struction or, the City West site, all in conformance with state law and the PCA rules and regulations found at 6 MCAR 54 (APC 19) . 2.069 LARKIN. HOFFMAN, DALY 8c LINDGREN. LTD. Mr. Roger A. Pauly September 9, 1981 ' Page Three II. The Guide Plan Amendment Process. • Minnesota Statutes §473.864 and §473.858, Subd. 3, provide that comprehensive plan amendments shall be considered by the City's . governing body following action by the Planning Commission, but not finally approved or adopted until reviewed by the Metropolitan Council. Therefore, the Eden Prairie Council should act on the City West Planned Unit Development concept plan at this time and, if it is approved, forward to the Metropolitan Council for its review the amendment required to bring the City's Guide Plan into conformance with the PUD approval. The Guide Plan Amendment should then be adopted at a subsequent meeting of the Council, pursuant to Minn. Stat. §462.355, Subd. 3, following the Metropolitan Council's review. There is no provision of state law which requires the Council to re- submit the proposed Guide Plan Amendment to the Planning Commission. The Planning Commission has held the required public hearing on the proposed Amendment, at which the issue was fully considered, and has completed its review and made its recommendation to the Council as required by statute. Nothing in the statute requires further review by the Planning Commission and the Council is free to adopt the proposed amendment following Metro Council review. Very truly yours, Ropert L.�nd . k3�� Peter K. Beck, for LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Attorneys for Anderson Development, Inc. cc: Mayor Wolfgang H. Penzel/ Councilman George Bentley Councilman Dean Edstrom Councilman Paul Redpath Councilman George Tangen City Manager Carl J. Jullie Planning Director Chris Enger City Engineer Eugene A. Dietz W10 Unapproved Planning Commission Minutes -1- t4, 1981 MEMBERS ABSENT: Retterath C. MEADOWS 2ND REZONING LOTS 1-8, BLOCK 1, by Central Investment Corporation. Request to rezone 8 lots from R1-13.5 to RM 6.5 Located at 7508-7578 Bittersweet Drive. A public meeting. Bearman stated that the Planning Commission has received letters from residents which should be made part of the minutes; 8/24/81-Lawler, 8/19/81 and 8/18/81- Conrad, Thorstenson, 8/17/81-Cram, 8/18/81-Neitge. The Planner stated Mr. Herb Mason of M.B. Hagen was present to give the presentation. Mason, representing Central Investment Corp., reviewed the request. The Planner reviewed the staff report dated 8/13/81. Marhula asked what has been built on the lots on the cul-de-sac located west of the request in the 3rd Addition. Mason replied 3 single family homes and 1 under construction. Marhula asked if Bittersweet Drive extends to the next plat through lot 7. The Planner replied yes. Norman Cram, 7586 Bittersweet Drive, stated that he was opposed to placing duplexes on these lots because of traffic congestion and stated that of the existing duplexes, only 2 are owner occupied and feels that when they are rented, they are not kept up • as well. Mr. Yanda, 7528 Bittersweet Drive, stated he is opposed to rezoning this for multiple. He stated that the first owners on the cul-de-sac were in agreement that these lots would be used for single family homes. Spencer Conrad, 15518 Garfield Cir., stated he also was in agreement that the lots would not be rezoned and stated his concern for the up-keep of the rented duplexes and stated he felt they were too dense. Ralph Hoffman, fee owner for some of the lots, stated that he feels the lots would sell much easier if they were rezoned for duplexes. MOTION Gartner moved to recommend denial of the Meadows 2nd Rezoning Lots 1-8, Block 1 as an unprecidental spot zoning. Sutliff seconded. Motion carried 6-0. 201 • , STAFF REPORT • • TO: Planning Commission FROM: Jean Johnson, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: August 12, 1981 PROJECT: MEADOWS 2ND ADDITION REZONING LOTS 1-8, BLOCK 1 LOCATION: 7508-7578 Bittersweet Drive REQUEST: Rezoning from R1-13.5 to RM 6.5 • BACKGROUND • In October of 1977, Dirlam Properties received approval for 102 duplex units and 19 single family. The 121 units were on 55 acres (20 acres of which is open space), 2.18 units/acre.(Project then called Valewoods) A combination of duplex and single family was planned with the duplexes near Valley View Road and adjacent to the railroad, and the single family on cul-de-sac backing onto the open space. See figure 1 -Existing lots. Todate approximately 94 duplexes and B single family homes are constructed. SITE CHARACTERISTICS South, across Bittersweet are duplexes, to the north is open space then more duplexes, to the east are duplexes and open space, and to the west is a cul-de-sac with 8 single family lots(part of Meadows 2nd), and further west are the 1/2+ acre lots of Westgate single family. ORDINANCE REQUIREMENTS All lots would meet the minimum size of 13,000 sq..ft. One lot was platted 88 feet wide, 2' less than the 90', requirement. If duplexes upon these 8 lots were approved, the overall density would change from 2.18 units/acre to 2.35 units/acre. UTILITIES In place water service is for single family home usage. The individual • lot stubs would have to be removed and replaced if duplexes are to be served. These alterations will be paid for by the developer or lot owners. 2.012 • Staff Report-Meadows 2nd Add. page 2 ADVANTAGES OF REZONING TO RM 6.5 1. Neighborhood would build-out and sell sooner. Sale of single family lots • across from built duplexes is difficut. 2. Would place duplexes across from duplexes. • • • DISADVANTAGES OF REZONING TO RM 6.5 1• Would reduce the total number of single family previously approved. 2. Alters approved plan which others have based decisions upon. 3. If single family lots are slow to sell because of duplexes, this could make a bad situation worse. 4. Could set a precident for spot zoning. RECOMMENDATIONS The Planning Staff feels that the following alternates are acceptable; 1. Rezoning of lots 1-7 (all facing duplex across Bittersweet) to duplex and retain lot 8 on the single family cul-de-sac as single family. This would retain 2 cul-de-sac areas as single family, one of which abuts Westgate single family, and permit duplex construction across from existing duplexes. Items of Approval if Some or All Rezoned RM 6.5 1. Cash park fee applicab e to residential multiple apply. 2. Lots be platted down center prior to construction and common walls be constructed on this line. 3. Builder commit to not constructing similar units adjacent to each other, i.e.. variations in floor plans, exteriors. garage locations. etc. -or- 2. Denial of the request as an unprecidental spot zoning. JJ:ss a.Ci?3 . . - •Z " t' IS •. ____ ' r$I't: q:1-.'12 --- •-:---.:t'"".".:-.". ::••"-' _ / / _ • • • 1.• jaxv_ . ,_— - - --;i4 • 4- 3 _::;B-15 ,-_-_- __ ---.----,.. . • - -- -, _. .:. ..--'- , , 843-R1 Z2,--1- C-7677-^f. , '. ;.:.::. ,.'. ....1 ,• ---- ::- 1 ' "11,-. .44 •(.5777772:11,..-7--7/ ,,,-' .4-1: 1...td_...„7". i-4- '.•.',::*i'••r3) -' \ --k4are 1" " - ...IS:. i. * — .__ • &-, - •,.1',._ C- ..A, Aps< ,e : (....X ,0' s 3,01 I 1 L_-_-1-iy,i,',..dati i 1 I 1 i )q ,- , •. ,..<'•:F• kr:41.7 If 8-12 8-19,145 . ''. ' ,i_...„,. 1p-T.1,3--- - -J3_ 7-,_.g PUB RS. Reverts ' :4ZV. Ia*j I ia.1. tya--1 73_20 1, To R1-2 2 ao,. ,..,, i',.,:.: .,› 9-5 1 siii":1 111;13 CI• . C-COLt'I mg- -.1Tolizi' . .....,v, _,I or' ., tf......53 N . i- --....__ ,J-L. . 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I i i --- . . . ii0.-,.., L- r_.,.._,,..,.y.,...7.• .-- • • • ....9(Z<;. -. :;;;A:,,,::::::**--. 4, 1, - . --.. .- - 11--I3'5. ffPUB .1 P.S. 8R-eiv9grts145 4 .410 >stl'A".• ,.". . :',.. 14 'It ' 1.1 c:',i4 141.1IHrt.g---- •:, 11, ..._-.- s'• ". •7 si 1...:::-,;'-!.: 9_5 1-2 `Rk •••4,-‘ *S.•‘-i ,. .* -CEti everts ,4 )c,.4•&OA ? ------—-•--—7-----:-.37.,\•,-) To I-GEN,_2__1* .3 ‘ . p.s ,. __I44 . I - - _ . 4.,...... 1-444 /17)) 'IL-L.7r . ./ .,,,.. k._ ------.-rri-c-,., 7 F:: :Iszr_i:.;117- .'" 7-v )., i:4• "•i-.-1-8.169:--IV:4 Vs 0 - ii---27, 4 -N /g177 NIL ___.., • ,...1 -,.., , . . ... 17. PROPOSED LOTS I M SINGLE FAMILY 267q i,i;iiig;i,,:i: DUPLEX MMO Meadows M, .1 • August 18, 1981 • City of Eden Prairie. • 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 • Attention: Planning Commission Regarding: Rezoning of.Lots 1 - 8, Block 1 Meadows 2nd Addition • Dear Sirs: I have received today your notice of meeting and request for my presence and comments. I am in complete favor of this rezoning. In my opinion, this should be viewed by the commission as a resolution to a mistake rather than a rezoning. I hope the people seeking this rezoning are granted their wishes. Yours truly, . t • ST NEITG • HIPP'S CONSTRUCTION COMPANY 3111 PENN AVENUE NORTH MINNEAPOLIS, MINNESOTA SEPTEM•IBER 8, 1981 MR. CHRIS ENGER, CITY PLANNER • CITY COUNCIL OF EDEN PRAIRIE CITY OF EDEN PRAIRIE OFFICES 8950 EDEN PRAIRIE ROAD EDEN PRAIRIE, MINNESOTA I .. DEAR R. ENGER AND THE CITY COUNCIL: tt - HIPP'S CONSTRUCTION COMPANY WOULD LIKE TO PURCHASE LOTS 1-8 OF • BLOCK 1, MEADOWS SECOND ADDITION, EDEN PRAIRIE, MINNESOTA AND HAS MADE AN OFFER TO PURCHASE CONTINGENT UPON THE REZONING OF THESE LOTS TO TWIN HOMES. THE TWIN HOMES WE INTEND TO BUILD HAVE VERY FAVORABLE CURB APPEAL, SIMILAR IN DESIGN TO HIPP'S FOURTH ADDITION. ALL WILL HAVE TWO CAR GARAGES WHICH SHOULD ALLEVIATE OFF STREET PARKING AND, THEREFORE, I :' SHOULD NOT CONSTITUTE A TRAFFIC PROBLEM. WE FEEL THAT YOU SHOULD CONSIDER THE FACT THAT OUR LAST 42 SALES HAVE BEEN OWN1;RI OCCUPIED. THERE HAVE BEEN VERY FEW CHILDREN, CON- SEQUE1TLY THE RATIO OF PEOPLE PER UNIT HAS BEEN LOW. • APPROVAL OF THIS REQUEST WILL ENABLE THESE SAME TYPES OF BUYERS TO PURCHASE AFFORDABLE HOUSING. THANK YOU FOR YOUR CONSIDERATION. SINCERELY, AL.12/2 2016 SEP 9 1981 C C l Gnt1 Investment orporation C 921-24TH AVENUE N.E. MINNEAPOLIS,MINNESOTA 55418 PHONE 781.6565 • September 8, 1981 • J.H.HAUER City Council Eden Prairie City Offices 8950 Eden Prairie Road Eden Prairie, MN 55344 Gentlemen: • Re: The Meadows 2nd Addition Lots 1, 2, 3, 4, 5, 6, 7, & 8 of Block 1 Petition to re-zone to doubles from single family. In the first part of 1978, our Corporation and First Market Properties, Inc. joint ven- tured in the construction and sales of single family pre-cut Dynamic Hares. In June, 1978, we purchased Lots 5, 6, 7, & 8 of Block 1, for land inventory without being a- ware that the vast majority of this development was zoned double residency. By the first part of 1979, it was obvious to our venture that the future of single family residences, in view of limited financing, was extremely curtailed. As a result, the decision was made to sell off the remaining land inventory consisting of these lots. Since that time, d^spite concentrated efforts thru the sales force of MB Hagen Realty, Multiple Listing, 1 broker, Ken Jacobson, we have not received an offer at any price for any lot to be used as single family. This in spite of a current tax valuation of $22,000.00 as a single family lot. Mr. Jacobson has been successful in obtaining offers from Hipp Construction Co. of $22,000.00 a lot if they are re-zoned doubles. Since June, 1978, this corporation has paid over $28,500.00 interest on its investment in its four lots, plus taxes. With current interest exceeding $900.00 a mrmth and current lot taxes of over $780.00 per lot, the investment in this land inventory has • became a financial disaster. The concept of single family development is ideal, but in our present economy and high cost of land it is not feasible. This situation shows no change of getting better in the future especially in this case with the direct influence of constructed doubles right across the street from the lots in question. If anything it may get worse, to the point where even doubles may not be enough density to support the economics of construe- . tion and financing. Central Investment Corporation is favorable to Lot 8 remaining single family. The single family lots on the Cul De Sacs appear to compliment themselves and form a continuity. The "Branch" of Block 1, being the lots in consideration, logically should be doubles . across the street f cm constructed doubles. Central Investment Corporation beseeches you to favorably consider this petition. Sincerely, . ENT CORPORATION JJM/jo Z� �J f Maeder, Vice-President SEP 9 1211 September 4, 1981 Eden Prairie City Council City Hall 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Sirs: We are writing in regard to the proposed rezoning of g i .. eight lots from R1-13.5 to RM 6.5 for duplex unit construction. We, the resident taxpayers of this area, are totally opposed to this proposed change. { As we explained at the City Planning Commission hearing several weeks ago, where they denied this motion, we were told when we bought our house that this rezoning would never happen. Our greatest concern is for the i .- safety of our neighborhood. The congestion is, at times, li an unsafe situation. We certainly hope that some investment firm will not sway the thinking of our City Council to the detriment of the resident taxpayers. Sincerely L4 - Ir. Mrs. Norman A. Cram 7586 Bittersweet Drive Eden Prairie, Minnesota 55344 f 3 , F G August 17, 1981 T { • • .. City, of Eden Prairie Eden Prairie Planning Commission j Eden Prairie City Hall • ' 8950 Eden Prairie Road . Eden Prairie, Minnesota 55344 ; Sirs: We are writing in reference to the proposed rezoning of eight lots from R1-13.5 to RM6.5 for duplex unit construction. • We are totally opposed to any such change in the zoning for this area. As residents of a single family dwelling on Bittersweet Drive, we were always lead to believe that this would never happen. I only hope that some investment and construction corporation doesn't sway the thinking of the city. I seriously question whether or not they have our best interests in mind. I am certain they don't. E Bittersweet Drive is so congested now with cars, trucks and ; other assorted vehicles that it is almost impossible for us to use it. With further construction of multi-family housing i on the other side of the street, I feel the problem will only become more impossible and fear for the safety of our community in the case of an emergency, like that of a fire. We, the resident taxpayers, hope that you strongly consider these problems and leave this area zoned as it is. s I know I speak for the majority of the residents who are living . in the single-family dwellings when i say that we are vehemently opposed to this proposed change. Sincerely, /40 2/getv.,,,...c____,_ ! A4- A.- ' Mr. and Mrs. Norman A. Cram 1 7586 Bittersweet Drive • Eden Prairie, Minnesota 55344 . 2.019 • • /r, /f8'/ fr • . 6...a /VE er,44. 6?//3i- a �,. • . • � % - .6- • r/ • . ,,ram,n,�,x,e • c 4,7 . ./� .a 70,04. 1 -77#"`", • . 1 • • /OW. • • Y . • 47,?‘ .-- -7-,te-7/- Alz•-etta„,,, . .4)4/.1.-7_i 4,4 I. e-t, ', -11-6/_- ‘4412." . ,i 4i °t .,tz eta- -ter .a�o a .. ::‘,:croilizep.e-cpoLialu-4121V ' . • .. .=•44,,,,y1,77, . . kle _rt_ia. ' .AA.44611-d, - • :. .44-t- 4"--- --Z-1Y-.6"thy‘ • • .1.44...te, /44,414-411 .. . 4.1-17rg/ash94d4, . -, • • . . • , . I • • • • Mr. & Mrs. Robert W. Thorstenson • 15528 Garfield Circle • Eden Prairie, MN 55344 • • • EDEN PRAIRIE PLANNING COMMISSION City Offices 8950 Eden Prairie Road Eden Prairie, MN 55344 Gentlemen: • I am writing in reference to the attached notice of a Public Hearing. When my husband and I purchased our lot at 15528 Garfield Circle, we were told that the entire northwest section of Bittersweet Drive to the north- east section of Garfield Circle was zoned for single family homes. I feel that if this land was rezoned, there would be a worse traffic problem than we already have and I feel that it may bring the value of our property down. I hope you will read this and understand that we wish to keep this section of land zoned as it currently stands. Thank you. is Sincerely, Mrs. Robert W. Thorstenson • 24 X.LZ:)e,.;„?;/?' La'f,:• /viL /. a/4•22-G IG G. �l"i7 LJ,c.- L ''4s'; • J u , i° /.k/L i'L 5.5,'1./.5/ iA �-� "� ,.�/ f ;It i ,-,.�G ti do/yec Jlam// _4, t'1_ 4/-.:2ez'...;-7 , ` 0 �'/- /3. Aft/G,5 / ..4,,..,_.¢. ,Zt,ekteiya-:/t4- ... , 4 F 'le 4.e /�;...G' t ,c_. z.;,, 4. . 9?ti,1':�c4u-Ti .e..:-x_ iC.'.,-G,.- tG�l, /.....t �_ LY E 2-e �n t / �� /G_� - f-9,pi,etar,.{_4/1..,:-/.! J ,CLzuGci- f / C ,. ,�2,CL1�'.���'c. Cf'„<..s- � �A c ue:JGii4f16 ./Y'Ll.ii. .A.,9, 7111,1.),4, -cArt--rt/c436 Ay-,g- ji aoz-deo,,,. .., x,d,.dc,ft ett)1, ,iji ././-" ,./ 4?:.,...z-"rz.)... __LI....e•-• er...".-.4:), 1 /";'' r e leli-(.4-w...--1,- 1.- V r. ''',/ . ' ., r. it.ei ,:r e,-,?t. ,A4.-... .-- - , ,, J.. •,-7;',,,,,,,,://.4'7“: ::<:- 4 Z.- ,t,..4,,/ • .14. ✓ c�- .,•t yJ j /J L LC G i 42 ( 7'-/a'° ,/„4`'� ,i ���i(a-I Q. of ��! i'iG . , ,v / , . ' - /1 I //e170 .,11,e-:,,,ii 1,7::ir,/9 --- 614- 4211, ./-ee-i.o./614z.z-e_it-"-ea,. 4-4 „ i :mac5-V7u ii,.." .. tic itife.,,i1 , , , • .e-,t, • .4'; hr,,e/41:7r, 5./..e/ 1 u'- /-ff i eZ6/4,421.11a,^443/ /tee.77a'44;1 /76‘1442 et ,ii. Vic'/� • ,,--i-z-,t,...1.-c.•--/ ' / 744 • - , , ,,,,,,„4,7,-,--,,,;:-- kcad;ir—‘x/ g , , .iii,,,x.-,z, •-"-tad-. J„,. _ / , ,(:,4.: -,c".2_4_,- 1//: /2 e ,,,,,,,(_,,,,,,,,,..,„ d',.. ..,,,,,-6 9e, ,e G,L i.r,,:c, e-3..0 ix„... t G. j 2/'l-1L/v oriltd Unapprove• Planning Commission Minutes -1- Au.us 24, 1981 MEMBERS ABSENT: Retterath B. WESTWOOD INDUSTRIAL PARK, by Richard W. Anderson, Inc. Request for Planned Unit Development approval of 42 acres as industrial) preliminary platting of 4 industrial lots, and rezoning of 42 . acres from Rural to I-2 Park. A public hearing. The.Pl.anner stated that this has been revised to provide access to the land-locked western property. He also stated Mr. Michael Niemeyer and Jan Heinig were present to give the presentation. Niemeyer, Westwood Planning & Engineering, representing ADI, stated that the buildings have been moved more easterly to provide a road leading to the land- ' locked property. He stated ADI will pay their share of the cost of the road and stated he felt that the project is less dense than originally proposed. The Planner reviewed the staff report dated 8/I3/81 and stated he felt that I-2 zone is appropriate with the amount of open space shown and with the additional ROW on the western portion of the site. He stated that setbacks can be made to meet ordinance requirements. Bearman stated his concern for the density of the project. Sutliff asked if the proposal is in conformance with the Shoreland Management Ordinance. The Planner replied yes. Susie Hummel, 6262 St. John's Drive, was concerned with the amount of open space and asked if there will be a road between 2 buildings on lot 4. Neimeyer replied that it will be an emergency exit point. Bearman asked the amount of right-of-way on Co.Rd.67. Heinig replied 33' which would be enough for expansion of Co. Rd. 67. John Shardlow, Howard Dahlgren Assoc., representing Franklin National Bank, reviewed his letter dated 8/24/81. Joann Irvine, 18930 Lotus View Drive, stated she was concerned with the location for sewer and water. Heinig replied that water will cone from Baker Road through the Franklin National Bank land and stated storm water will remain the same. The sanitary sewer will come from a metro interceptor which ADI will connect with, which is expected to be located in the road right-of-way. Torjesen asked'if variances are necessary. The Planner replied no because shifting the buildings to conform to the I-2 zone will not require any. Joann Irvine asked if the sewer could be brought up through the ADI property. The Planner replied it will go up the center of the project in the road right-of-way. MOTION 1 artner moved to close the public hearing on Westwood Industrial Park. Hallett seconded, motion carried 6-0. 20%S Unapprove. Planning Commission Minutes -2- Augus '81 MOTION 2 Gartner moved to recommend to the City Council approval of the Westwood PUD as per the plans dated 5/20/81-revised 8/3/81 as per the staff report of 8/23/81. the Hennepin County Department of Transportation letter of 8/19/81, the HGA letter dated 7/3I/81, and the 8/7/81 letter from John Shardlow, Howard Dahlgren Assoc., representing Franklin National Bank. Torjesen seconded, motion carried 6-0. • , MOTION 3 Gartner moved to recommend to the City Council approval of the Westwood rezoning from Rural to I-2 Park as per the plans dated 5/20/81-revised 8/3/81, as per the staff report of 8/13/81, and the same additions as listed in motion 2. Hallett seconded, motion carried 5-1. Bearman voted no because he felt the project is too dense. MOTION 4 al; rtner moved to recommend to the City Council approval of the preliminary plat . dated 5/20/81-revised 8/3/81 as per the staff report of 8/13/81 and the same additions as listed in motion 2. Torjesen seconded, motion carried 5-1. Bearman voted no. • MOTION 5 Gartner moved to recommend approval of the Environmental Assessment Worksheet dated 5/81 to the City Council. Sutliff seconded, motion carried 5-1. Beaman voted no. approved Planning Commission Minutes -1- June 8, 1981 MEMBERS ABSENT: Retterath, Gartner, Hallett D. WESTW00D INDUSTRIAL PARK, by Richard W. Anderson, Inc. Re- quest for approval of a PUD, rezoning from Rural and I-2 Park to I-5 Park with setback variances, preliminary plat, and an Environmental Assessment Worksheet upon 42 acres. Located • south of Co. Rd. 67 and west of St. John's Woods. A public hearing. The•Planner suggested continuance for a staff report because of significant problems with the proposal and needed revisions. He also stated that Mr. Michael Niemeyer and Jan Heinig, HGA Architects, Inc. were present to give the presentation. Niemeyer stated they are representing ADI, and reviewed the site location, grading, vegetation, utilities, sanitary sewer system, and gave a slide presentation of the site. The Planner stated that his slides were similar to the ones shown. He stated that he felt it was important to review the perspective plan. He also stated that the Guide Plan designates this land as Industrial, and that he felt that the access is important. Heinig stated that most of the vegetation is southwest of the location for the grading to occur. The Planner stated that in 1971 the City granted a gravelling permit to Bury-Carlson and stated that the intent was to preserve the land east of it which should not be changed. Bearman asked if all slopes had been returned to a 3:1 grade. The Planner replied there is a natural slope which is 2:1 but stated that the engineers feel the grading ordinance has been met. Bearman asked'how long the cul-de-sac will be if nothing goes through? Heinig replied 750'. • Bearman stated that when the proponent returns, he would like the following to be addressed: sanitary sewer, lot lines, grading limitations, and would like to see C. the buildings back for rezoning and the possibility of seeing a working model. Torjesen stated that he felt it is important to see the topographic relationship • i. of the land to other land around the site, what has been done to the site, what will be done, and stated that a more comprehensive plan should be completed. Levitt stated that he would like an idea of timing. Bearman asked the proponent if continuing the proposal to July 13th would allow them adequate time to address these items. Niemeyer replied yes. 1 John Shardlow, Howard Dahlgren Associates, stated that he has been working for 1 Franklin National Bank of Minneapolis, and stated that they own the land to the southwest of the site and need access roads. John Palm, 6389 St. John's Drive, stated that he is in the St. John's Wood Assoc., and felt that ADI should respect the morraine. 1 2Cf 7 • approved Planning Commission Minutes -2- June B, 1981 Audrey Standberg, 6380 St. John's Drive, President of St. John's Wood Assoc., agreed with Mr. Palm. • •Susie Hummel, 6263 St. John's Drive, asked what a PUD is, and if the de:eloper plans to sell the land. Bearman explained PUD, and Anderson stated that they will lease the land. • 'i rd•Dahlberg, 6319 St. John's Drive, stated that he would like the morraine to remain. • Mr. Freedman, 6367 St. John's Drive, stated that he also would like the morraine to remain, but was concerned with the land to the south. Peter Stalland, 6317 St. John's Drive, asked if the gravel permit is a conditional use permit. The Planner replied yes. Stalland then stated that he was also concerned with the easement. Mrs. Wyman, 14001 W. 62nd St., stated that she felt that something should be put in writing to perserve the hill. MOTION Levitt moved to continue Westwood Industrial Park to July 13, 1981. Torjesen seconded, motion carried 4-0. approved Manning Corenission Minutes July 13, 1981 MEMBERS ABSENT: Gartner C. WESTWOOD INDUSTRIAL PARK, by Richard W. Anderson, Inc. Request for approval of a PUD, rezoning from Rural and I-2 Park to I-5 Park with setback variances, preliminary plat, and an Environmental Assessment Worksheet. Located south of Co. Rd. 67 and west of St. John's Woods. A continued public hearing. Levitt stated that he would not be participating in this project discussion. The Planner stated that the item has been continued from June 8, 1981, there is a new topographic model, revised plans, stated that he has met with John Shardlow representing Franklin National Bank and the proponents, but that nothing has been (•. worked out regarding access for the Bank's property. He then stated that Mr. Michael Niemeyer, of HGA, was present to give a presentation. He also stated that staff does not recommend approval. Neimeyer stated that at the meeting that the road connection was discussed, ADI has resisted the connection because of the cost. He then reviewed the surrounding land owners, suggestions for alternatvies for the Bank's access; having access off of Birch Island Road, or having the road adjacent to the railroad. The Planner stated that the City has worked with Bury-Carlson (bank property) for approximately 10 years and stated that they were aware of the access problems. He stated that access along the railroad tracks would be poor. He also stated that since the project is not ill a form for recommendations, and the nature of the changes. there was no staff report. 20'fl • approved Planning Commission Minutes -3- July 13, 1981 Retterath asked about the landscaping for the model. Jan Heinig, landscape architect for HGA, reviewed•the landscaping. Niemeyer stated that because of the complexity of the todography of the site, they chose not to put landscaping on the model. Heinig stated that they are trying to save as many trees as possible. Torjesen stated that there were many concerns raised on June 8, and than'Ced the proponent for addressing them, but stated that he felt that the access problem . should be decided. Torjesen asked if a representative from Franklin National Bank was present. Mr. • John'Shardlow was and submitted a letter dated June 9, 1981. Susie Hummel, 6362 St. John's Drive, was concerned about the traffic. • John Hummel., 6362 St. John's Drive, stated that he would like to see the trees and hill saved. MOTION 1 Tor—jesen moved to close the public hearing on Westwood Industrial Park. Retterath seconded, motion carried 5-0-1. Levitt abstained. MOTION 2 Torjesen moved to commend the developer and staff but further stated that since no adequate access is provided for the land locked parcel lying SW and since there is no further loom for negotiation from the proponent, recommended denial. Retterath seconded. Scott Anderson, ADI, then stated that they would negotiate. DISCUSSION Retterath asked if Franklin National 8ank is willing to negotiate. John Shardlow stated that he was unable to answer but stated that they agree with City Staff's recommendations. Torjesen moved to amend the motion deferring the project to August 10, 1981. Retterath seconded. • The Planner stated that the Planning Commission is a recommending body to the City Council. Retterath withdrew her second on the amended motion because the public hearing t had already been closed, but retained the original motion. Amended motion failed for lack of a second. Original motion carried, 4-1-1. Hallett voted no and Levitt abstained. • STAFF REPORT TO: Planning Commission FROM: Chris Enger, Director of Planning ' DATE: ' August 13, 1981 SUBJECT: WESTWOOD REVISED 'APPLICANT: Richard W. Anderson FEE OWNER: Bury & Carlson, Inc. REQUEST: Planned Unit Development approval of 42 acres as industrial, preliminary platting of 4 in- dustrial lots, and rezoning of 42 acres from 1-2 Park and Rural to I-5 Park with frontyard setback variances. PROJECT LOCATION: In the north central part of the community, south of Crosstown 62, and west of Baker Road and St. John's Woods. REFER TO: Initial submission booklet and material dated May 20, 1981 and revised plans dated Aug. 3, 1981. BACKGROUND The western 25% of the property is zoned I-2 Park (Industrial), the southwest corner is zoned floodplain, and the balance of the site is zoned Rural. The 1979 Comprehensive Guide Plan designates this area as Industrial, but depicts the eastern portion of the site (the oak wooded morraine) as open space. FIRST SUBMISSION /he Planning Commission had previously reviewed a plan submitted by the developer dated June 30, 1981 at their July 13, 1981 meeting. The public hearing on the preliminary plat was closed at that time and the Planning Commission voted 4-1-I(Levitt abstained and Hallett voted no) to deny the request for rezoning and preliminary platting, because the developer had refused to provide for a proper road system which would not land lock property to the southwest. ADI has since modified their position and have applied for PUD, zoning and platting again with a revised plan. REVISED PLAN 8/3/81 The revision to the 6/30/B1 plan occurs on Lot 4, in the northwest corner of the site. The proponent has revised the site plan on this lot to provide for 30' of ROW for a second industrial road. This road would not only serve as a secondary way out for Westwood Industrial Park traffic, but would also greatly improve the access to the western properties and provide access to the western piece (owned by The Franklin National Bank). 20g0 • • Staff Report-Westwood Ind. Pk. Revised page 2 Staff would suggest that the developer be allowed the I-2 zoning, rather than I-5. This will allow a 50' frontyard setback and on a corner lot, parking within 1 of the frontyard setback (25') on the east and west sides ' of Lot 4. • The southern entrance to this western road for building 6 on Lot 4, is shown ..as having a 17% grade from the parking lot down to the road; this is un- acceptable and must be modified. The relationship between the western border of Lot 4 and the road ROW should be basically 'at grade', with a 4' high berm rising between the road and the parking lot. In order to accomplish this, the grade at the west end of Lot 4 will have to be lowered to match the road. Additional room for spreading the grade out at the west end of building 6 can be obtained by moving the building easterly (where more room is available). ' The developer shall dedicate the ROW for all roads on the property to the City at the time of final plat. The developer shall not object to 'fair share' • assessments levied in order to construct this road. TRANSPORTATION Access points to Co. Rd. 62 shall be approved by Hennepin County, and all improvements required by the County shall be the developer's responsibility. Right-of-way as required shall be dedicated. OPEN SPACE The wooded morraine occuring on the eastern portion of the property, which is shown as a proposed scenic easement on the preliminary plat dated 6/30/81, shall be: platted as an outlot, excluded from the industrial zoning and either conveyed in title to the City or a scenic easement given. NO CONSTRUCTION other than restoration or grading will be allowed within this area. FLOODPLAIN The proposal,6/30/81,shows no encroachment in the floodplain of Nine-Mile Creek. The utility plan shows three outfalls from the storm sewer system into the floodplain which will drain the entire subdivision. No sedimen- tation pond is planned. The project must be reviewed and approved by the Nine-Mile Creek Watershed District. However, lot lines should not extend into the floodplain. The floodplain shall be platted as an outlot, industrial zoning, and given in title to the City or a scenic easement given. SHORELAND MANAGEMENT ORDINANCE Nine-Mile Creek is designated as a General Development Water. Shoreland for a creek is within 300' of the creek. Setback from the creek is 150'. Impervious surface within the Shoreland area is 30%. This proposal is consistent with the Shoreland Management Ordinance. 1 Staff Report-Westwood Revised page 3 PARKS he cash park fee would be applicable, and paid at time of building permit. RECOMMENDATIONS Me Planning Staff would recommend approval of the PUD, preliminary plat, ' and rezoning of June 30, 1981, as amended 8/3/81, subject to the following: 1. Floodplain and morraine to be platted as outlots, excluded from Industrial zoning, and dedicated to the City or a scenic easement given. 2. Industrial property to be zoned would go to the 1-2 Park rather than • the I-5 category. 3. Nine-Mile Creek Watershed District to review and approve plans. 4. Hennepin County Highway Dept. to review and approve plans. 5. Plans dated 8/3/81 for Lot 4, to be modified to allow parking areas on the western border to be at grade with the road, and space provided to allow at least a four foot high berm (slopes no more than 3:1). 6. All parking and'loading areas are to be 'screened according to Ord. 178. 7. All mechanical equipment to be screened with material architectural integral to the materials of the buildings. 8. NO CONSTRUCTION, other than approved restoration is to occur within the morraine outlot. A snow fence shall be erected at the western edge of the outlot prior to any construction on the property. Developer shall provide an irreoccuable letter of credit, or a cash escrow in the amount of $10,000 prior to any construction of grading on the property, which will be forfeited to the City if any removal of major vegetation occurs in this eastern outlot. Judgement of proper compliance shall be the sole determination of the City. 9. Cash park fee is applicable and shall be paid prior to building permit issuance. 10. All grading on the site shall be in conformance with the approved plan and shall be restored as required by the Watershed District. 11. lots containing more than one structure are not designed in accordance with the ordinance, if splitting is contemplated. Therefore the pro- ponent shall agree not to apply for variances or divisions to allow them to occur. 12. Developer must agree to dedicate all ROW as depicted on the plans dated 6/30/81 and 8/3/81. 13. Developer must agree to accept 'fair share' assessments for the western road. CE:ss 2091 Tuesday Sept. 8th 1981 • • ,den Prairie City Council City of Eden Prairie Minnesota 553+ Gentlemen: • Subject; Request of Richard Anderson to develop an • Industrial Park. • • to the east of the project and also a member rs of f that Asa homeowner 1 re the Saint John's Wood Homeowners Assn. I respectfully requestt council give consideration favorably to the following: We know from personal experience property dividing lines are very hard maintain. Therefore s that your council require el well definedsubstantial ferequesting cebetweenth �propeyto be improved and the established moraine We request that this fence be be completed eduandoinbp position tioedbefore any grading, development of grading, erstarte andW that futher request that be approved by the propeeit7'p the fence be maintained in sound orderuntil the entire project is completed This line rembykyicontractor prevent in the developmenthofmtheiproject. for my purpose by any We make this request to•Bupport the postion of your planning group who have indicated the need for such protection. • ur� / sVeryTrul��� ohn R Palm 6389 Saint Johns Drive Eden Prairie Minnesota 5534+ 205 • DEPARTMENT OF TRANSPORTATION •'`'" 320 Washington Av. South ' Hopkins, Minnesota 55343 `` `'' HENNEPIN • 935-3381 August 19, 1981 • .Mr. Chris Enger ' Director of Planning City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 ' Dear t.lr. Enger: RE Proposed Plat - "Westwood Industrial Park" County Road 67 Approximately 700 ft. West of CSAH 60 - South Side of CP 67 Section 3, Township 116, Range 22 Hennepin County Plat No. 931R Review and Recommendations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and found it acceptable with consideration of these conditions: -For future improvements to County Road 67 the developer should dedicate an additional 7 ft. of right of way, making the right of way 40 ft. from the center of CSAII 67. -Although the proposed easterly access meets minimum sight distance requirements to the driver's right, Hennepin County recommends moving this access easterly to the crest of the hill, approximately 300 ft., or westerly to gain a safer sight distance to the east. -Although the proposed westerly access is below the recommended spacing for inter- sections from railroad tracks, Hennepin County will approve this access if this access will serve the existing development near the railroad tracks along with Westwood Industrial Park. -Any new access to a county road, revision to an existing access, or a change in land use requires an approved Hennepin County entrance permit. See our Traffic Division for entrance permit forms. -A11 proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes, but is not limited to, drainage and utility construction, trail development, and landscaping. See our Maintenance Division for utility permit forms. -The developer must restore all areas disturbed during construction within County right of way. Please direct any response or questions to Les Weigelt. • Sincerely, fly. Janes M. Wold, P.E. HENNEPIN COUNTY Chief, Planning and Progranning aG9q an equal opportunity employer i�mV/I.IA4 ni • HOWARD DAHLGREN ASSOCIATES IMCD'IMORAT ED CONSULTING PLANNERS ONE G R O V E L A N D TERRACE MINNEAPOLIS,MINNESOTA 55.03 24 August 1981 Eden Prairie Panning Commission Eden Prairie City Offices 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 RE: Revised Anderson Development Company Proposal Honorable Chair and Members: As you will recall, the last Anderson proposal was denied due to its failure to provide a solution to the problems of providing access to the Franklin National Bank property, or improving access to the existing industrial buildiryssouth of County Road 67 and east of the Chicago-Northwestern Railroad. Subsequently, we learned from the City staff that Anderson had proposed an alternative plan which provided for said access and we visited the City offices and have reviewed it. Undoubtedly, the specific details of the Anderson proposal have been described in your staff report. Briefly, Mr. Anderson agrees to dedicate right-of-way along his western property line (see existing private road on the attached exhibit). The proposed solution addresses the problem of the dangerous existing intersection of this private road, County Road 67, and the Chicago-Northwestern Railroad, by moving the intersection of the proposed road approximately 140 feet east of the railroad tracks. Let me say at the outset that, if this proposed intersection is reviewed and deemed acceptable by Hennepin County and the City of Eden Prairie, it would acceptably solve Franklin National Bank's access problem. Therefore, please find attached a copy of a petition for public improvement, and a letter to the City Council. After reviewing the Anderson proposal, we visited each of the businesses which currently gain access from the private gravel road. I believe it is safe to say that we found a concensus of opinion on a number of issues. Everyone agreed that the time to both determine and implement the solution to this access problem, is at the time of construction of the proposed Anderson Planned Unit Development. • Eden Prairie Planning Commission City of Eden Prairie Page 2 However, as you will undoubtedly learn at tonight's public hearing, several of these owners have needs and concerns which are not satisfied by this proposed design. Although our base map does not include all of the buildings which exist along this strip, please refer to the attached exhibit, where they are listed and approximately located. We understand from discussion with Mrs. Wyman, one of the owners of Wyco, Inc., their principal concern centers around the fact that they own and operate a huge crane. They don't feel the design of the proposed intersection provides for safe stacking and turning movements. JoAnn Irving owns property which I believe is contiguous to the • Elfering property. She requests that sanitary sewer and water be included with this improvement. We have also discussed this matter briefly with John Busse of the Busse Company. We understand that Mr. Busse had considerable discussion with both his realtor and the City of Eden Prairie, at the time of his land purchase, regarding the matter of permanent access to his property. Mr. Busse states that he was assured, at that time, that the permanent access would go out through the Bury-Carlson property. He understood that the size of his property would then be increased as the area currently occupied by the private road would be freed up for use. He has been in contact with the City and has been urged to attend tonight's meeting. In conclusion, we believe the problems which we have addressed throughout these proceedings, related to the provision of adequate access to the Franklin National Bank property, are solved by the revised Anderson Development Company PUD plans. As outlined above, there are remaining concerns regarding the design of this industrial road as it runs north of the Franklin National Bank property. However, we have heard nothing but agreement that the time to plan and build the street and permanent utilities is along with the Anderson Planned Unit Development. We urge the Planning Commission to consider this proposal in light of your Comprehensive Plan. Please support us in our effort to abandon the dangerous intersection of the private road and County Road 67, and provide a safe, efficient, and permanent • industrial road to serve these properties. Respectfully submitted, John Principal Planner enclosures cc: Thomas Allen, President Franklin National Bank 2a94 eAr/s afar. • HGA MEMO TO: ADI - Commission Number 740.001.00 MEMO BY: Jan Heinig DATED: 17 August 1981 'SUBJECT: Proposed road along west property line ,A meeting with the affected neighbors was held on Thursday, August 13 at Johnson Produce. Present were the property owners: Mr. and Mrs. Busse of Busse Contracting, Mrs. Wyman from Wy-Co., Inc., Mr. Johnson of Johnson Produce; Jan Heinig represented HGA. Ms. Irving and Mr. Elferding of Jarip Properties were not reached, but had beep talked with earlier about the project and were sent a plan and explanatory letter. The following notes cover the advantages and concerns discussed at the meeting. Concerns 1. Cost to each property owner has not been estimated. A high cost would affect the owners' feelings on timing of an improved road. 2. The proposed road shows (3) access points from thj ADI project and the adjacent owners are worried about extra traffic. The industrial park's main entrance points will be to the center cul-de-sac agd the western accesses requested by the city should receive little use. 3. The amount of land taken for the actual road with curb and gutter was a concern. The proposed road being half on ADI's property will encompass approximately 10 feet less of the adjacent properties than at present. Advantages 1. As mentioned, half of the roadway will run on Anderson's property, decreasing the paved area necessary for each owner. 2. The proposed road would curve to the east where it joins County Road #67. This would give a greater distance from the R.R. tracks than at present. The grade of the road would also be more gradual, providing a safer, more visible entrance. 3. Cost as mentioned earlier would be shared by Anderson Development, Inc., thus taking the full burden of the eventual road and underground utilities off the adjacent owners. 4. ,Water service and a complete storm water system would be installed beneath the new road, benefitting the properties. At present, storm run-off is sometimes a problem. 5. Maintenance of the road surface, utilities, snow removal, etc., would be taken care of by the city. 6. Property values would normally rise with an improved public road accessing the properties. la 2011 HOWARD DAHLGREN ASSOCIATES INC O11PO10IC0 CONSULTING PLANNERS • O N E G R O V E L A N O T C R R A C C MINNCAPOLIS•MINNCSOTA 554O3 &It•317.Sus • 7 August 1981 To: All property owners south of County Road 67 along the east side of the Chicago Northwestern Railroad, in Eden Prairie. Dear Property Owners: We are consultants to Franklin National Bank which owns the approx- imately 30 acre parcel to the south of your properties. Over the past two years, we have been discussing with the City of Eden Prairie • and other property owners the problem of how to service this property with roads. We have also discussed the necessity of pro- viding your properties with a safe, permanent access road which intersects with County Road 67, a safer distance from the Chicago Northwestern Railroad. Throughout these discussions, we have always understood that solutions to these problems would be determined when the Bury-Carlson Property developed. Anderson Development Inc. has recently submitted plans for the develop- ment of an industrial park on the Bury-Carlson property. These plans included neither a provision for access to the Franklin National property, nor a solution to your access problem. Citing these problems and others, the Planning Commission voted to deny the Anderson proposal. On August 24th, a revised Anderson proposal will be considered by the Planning Commission. As part of this request, Anderson has agreed to dedicate right of way along his western and northwestern boundaries for the future construction of a road. From discussions with the City Planning Director, we understand that they have agreed to accept future assessments for this improvement. We believe that this is a major improvement in the Anderson proposal and plan to support it. However, we continue to feel very strongly that the time to solve the problems with your access onto County Road 67 and the provision of adequate access to the Franklin National Bank property is now. As 5. this area continues to develop, County Road 67 will carry increasing traffic loads and your access problems can only get worse. Attached for your consideration is a copy of a petition for the improvement of this road. We believe that both the Planning Commission and City Council should consider this improvement at the same time as the Anderson proposal and that their plans should not be approved without a strong committment on the part of the city to solve these road problems. 2(A8 • • • } If you have any questions, or if I can be of any further assistance, please contact me. Enclosed is a self-addressed, stamped envelop. If you agree with our position and want to see a permanent solution to this access road problem, please sign this petition form, return it to me, and I will deliver it to the city. • . Very Sincerely Yours, John W. dlow Principal Planner HOWARD DAHLGREN ASSOCIATES JWS/rd cc; Tom Allen, President Franklin National Bank I `' i . : .099 • . . ' 1 7-HE aysse co. •i t, 1 .. .'i.,,it •-i, , ., . • < ' I •- FRANKLIN ...) 0 • NATIONAL BANK ,-/,•• s' , ., / • . fi'14 1 D//:( tte-puvrit44 Eden Prairie, Minn. 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A‘r%'..-""),•!.',itt,',.;,--2- • /,';--- ../t '-, ''pl•tIV - . 1,,. • ,,, • ... , '- \\ ,,..#9.i. , :,, ,:i.,.,,,?,f,;,;,,.. i - --.-=., lao -4- ".....,4,,, , °ID s '2/A - 0../::\: 4!--, (.4;4,1-44',•e I • tRIVACE frAV • -•-?,-....- '7,,V--.• /-- ' .:-...--, .-- -it t.:1),•I.! ,--Mrsi ."/'-‘.77 +',;11."41 1-6 '--- ft'- :-..1:1-`,'Pf--i.- , 141 e 4, 4: ' SY —— - •- '' •• •f • ,M'''• V4Pit it•If 1 i• : :-..S.-7 ;' •V7'; " • . ii:',:1• ti'llik.ii-- d•:-;...-1 14' , hit441:-ELTAMILy' J , ••,..4.4.,,, : . • ., . ,L•,-. .;.-:• /04rtr-7--F_ i ... , , .,--,,,--W7IVE.441IAL , „ . , , . : ...„.., . c,. .14, W..-: /..,..,...i....r.,:. ..:-.- / ..... itv, • , 'i ,.,„, , :.,‘,,,,„ „...,..,,....„.......,..., . ,,,.,„ ,„ ,P...,'---"tk • ;-.- 1 1 . i 1 2100 • HOWARD DAHLGREN ASSOCIATES Iwcoeroe.rco CONSULTING PLANNERS ONE O R O V E L A N O TERRACE MINNEAPOLIS,MINNESOTA 58403 • •I1•311-353A 5 August 1981 ' - Eden Prairie City Council ' Eden Prairie'City Offices 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Honorable Mayor and Council: We are consultants to Franklin National Bank, which owns a ± 30 acre parcel of land south of County Road 67 and east of the Chicago and Northwestern Railroad (see attached exhibit). Over the last two years we have attended a number of meetings between the city staff and the owners of the two undeveloped properties east of the bank's parcel. These meetings were held at the request of the city staff and their objective was to coordinate the joint planning of streets to service these properties. We understand from discussions with Chris Enger that, in fact, staff has been attempting to coordi- nate the planning of these three parcels for many years prior to our involvement. Throughout the course of these meetings and our planning for this property, two city transportation planning issues have always been at the fore front. Both of these are graphically illustrated on the preliminary concept exhibit attached. The first of these two issues involves the city's desire to route a residential collector street across the south central portion of the bank's property. The location for this street connection with the adjacent property to the east has been coordinated with the engineers • who are planning this property for medium density residential develop- ment. The second of these two issues, involves the need to provide industrial • access to the Franklin National Bank property, through the Bury-Carlson property (currently proposed for the development of an industrial park by Anderson Development Company). Much of the bank's land is zoned industrial and since it would be undesirable to route industrial traffic onto a residential collector, this traffic must be routed north to 1 County Road 67 and thence to I-494. When this issue was discussed with the Bury-Carlson representatives, they stated that they were attempting to sell their property to a single user, and therefore, couldn't commit to a location for a street connection until they knew the specific needs of this user. Certainly this was understandable, however, it should be clearly noted that at no time was the concept of developing their property a10i without providing acceptable access to the Franklin National property suggested or discussed. The bank learned of this pro- posal only upon receiving legal notice of the public hearing and inspecting the plans at City Hall. We met with Mr. Anderson's design consultants, from Hammel-Green & Abrahamson Inc., and Chris Enger, to discuss Franklin National Bank's access concerns. We met with them both prior to and following their recent public hearings before the Planning Commission. As the Council is aware, the Anderson Industrial Planned Unit Develop- ment was continued at the initial planning commission meeting. The commission cited numerous problems in voting to continue the Anderson proposal, including the need to provide a solution to the problem of access to the Franklin National Bank property. Prior to the second planning commission meeting, Mr. Anderson sub- mitted a letter which emphatically refused to dedicate right-of-way or construct a road to provide access to the bank property. He further stated the excessive cost of this road as his reason for so refusing. After some discussion the Planning Commission voted to deny Mr. Anderson's request for development approval. Also in attendance at this meeting were some of the owners of the in- dustrial buildings located between the bank's property and County Road 67. These buildings are located in the area labelled "Existing In- dustrial" on the attached exhibit. These buildings currently gain their access via the private road shown along their eastern boundaries. This private road intersects with County Road 67 right next to the Chicago and Northwestern Railroad crossing. This intersection is far too close from a public safety perspective, to be improved to provide permanent access to these buildings and collect the industrial traffic from the bank property when it develops. A spokesman for these owners stated that they also expected this permanent access problem to be solved when the Bury- Carlson property developed. The reason for giving all of this background information is that we feel it is essential for you to understand Franklin National Bank's position in submitting the attached petition for local improvements. We understand from discussion with city staff that Mr. Anderson's current proposal is to dedicate a right-of-way along his western boundary and in the northwestern corner (to allow the intersection with County Road 67 to move ± 150 feet east of the Railroad crossing). We further understand that he has agreed to accept future access- ments for this improvement. On behalf of Franklin National Bank, we'd like to express our strong endorsement of this solution to this access problem. Not only will this plan provide a secondary access and egress for the proposed Anderson Industrial Development, and provide appropriate access to the Franklin National Bank property, but it will also, provide a 21O2. • • • { permanent solution to the problem of access to the existing indus- trial development between the bank property and County Road 67, along the railroad tracks. As previously noted, these buildings are currently serviced by a private gravel road, (see attached exhibit) which intersects with County Road 67 dangerously close to the Chicago Northwestern Railroad crossing. Current sight dis- • • tance onto County Road 67 is very poor and existing grades pro- hibit the safe stacking of on-turning traffic. One of the fundamental principles of City Planning and Develop- ment is that such development should be consistent with a compre- hensive plan. One of the key benefits of developing according to a comprehensive plan is that the community facilities (streets and utilities, etc.) needed to service an entire area, at full develop- ment, are anticipated as individual parcels develop. Consequently, when the area is fully developed, all of the essential public ser- vice systems are properly sized and logically and compatibly inte- grated. The cost of constructing the portions of a city's public work systems which run through or along a given property is an unavoidable development expense, and not an unfair or excessive burden as has been suggested. Attached for your consideration is a petition for the construction of a 38' industrial road, with concrete curb and gutter. We understand from discussions with city staff, that this road would intersect with County Road 67 approximately 150' east of the Chicago Northwestern Railroad crossing and from thence run south along the western boundary of the proposed Anderson Development, to connect with the existing 30' of platted right-of-way. Franklin National Bank would request that this street improvement be extended to include the improvement of the existing gravel crossing of Nine Mile Creek. The bank realizes • that it will be solely responsible for the cost of this portion of the improvement. The construction pf this industrial road, as proposed, will insure the provision of an efficient street system to service this area of Eden Prairie in the future. In addition, this improvement will have three immediate and significant benefits: 1) it will provide a second means of access and egress to the Anderson Industrial Development, 2) it will provide a properly designed road to ensure the efficient development of the Franklin National Bank property, and 3) it will provide a safe and permanent solution to the problem of providing access to the existing industrial development located south and east of the intersection of County Road 67 and the Chicago Northwestern Railroad. Respectfully submitted,' f, // _ 3 'ZE Jo W. Shardlow Principal Planner cc: Tom Allen, President Franklin National Bank 2.103 THE Gust(co. p;. r/ I, 1 l" \+.', F ' is ( •. • FRANKLIN NATIONAL BANK ( 0 • `, E,F-EA,,,,, ., „.;:.ter,,,,;',�iO..• VAt p Eden Prairie, Minn. �,COMSTAVC-rish� - Howard Dahlgren Assoc. WY-to irk, �'/fiktOTINI�,t` ►� Land Planning Consultants .1okNSonl :0` h /*`1f i Mpls„ Minn �- P D , ` • • ,/0 i-r"1--- /M • o WO 200 400 %': \c . ` , I • INVOlgc W- ,c: i T1=71 N , P - • . , / \4RAvr-t- , -,' 1 F N4-� i- / r ; / r; . / �57INy, �o ' 4 C ZtA,'<\*-.\ t „�_ /%\(<<,M1/,,. ._��-)tr--,.� i MAD.D�,t.. 4 I \,ni \ /i _ `� �IU /,. \;\„ ( V ao 4.t r'Fi�l� 1 • ( is ^,\t,,\\1\i\.\,\� �J�� v) ; t, i i '. • ,', . ice,-(/'i '' 9";t `"y,G , �/' / %%r. • exi Told t•. ul4/44/1/II-.,,t„II0:r:.f.r,.:'i:f...!,l.i_t ��I Op` ' ':"=' i ° , 5 rr/ 1 !,iii 1 ,,,i„,,, f..,:i....__.., . ,.1 ,,,,..r...___.7.7c .. ,_.• 1 1 1 1 ' 2104 . a • CITY OF LI) N PRAIRIE, MINNESOTA 100% PETITION Fok I/ Al. LMPkOVI.:MENTS TO THE 1 DEN PRAIRIE CITY COUNCIL; • The undersigned are all the fee owners of the real y property described below and herein petition for the Eden Prairie City Council to proceed with making the following described improvements; . (General Location) Sanitary Sewer east of Chicago and Northwestern RR, • Watermain south of County Road 67, intersecting Storm Sewer with County Road 67 approximately 150' X Street Paving east of RR crossing, thence south be- Other tween properties to meet existing 30' platted'r.o.w. Pursuant 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 . Street Address or other Legal Names and addresses of Petitioners Description of Property to be Served (Must be owners of record) • Tract C registered Franklin National Bank of �f Land survey No. 1095 Minneapolis 67tez;/, P (For City Use) Date Received Project No. _ 2io5 HGA • • Hammel Green and Abrahamson Inc.Architects&Engineers 2675 University Ave.,St.Paul,Minnesota 55114 612/646 7501 .31.July 1981 • City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 ATTEN: Carl Jullie Chris Enger RE: Westwood Business Park Gentlemen: On behalf of ADI and myself, I want to thank you for meeting with us last Thursday. Per that discussion, we have revised lots 3 and 4 of the proposed development submitted in June. These revisions are based on the considerations discussed at that meeting on the 23rd which included Richard and Scott Anderson, yourselves and me. Following is a listing of the items discussed as I had noted them: 1. The City is not in a position to approve a zoning which will land lock a parcel. Therefore, two options were discussed showing access to the bank's property southwest across Nine Mile Creek. Option one was an easement along the westerly edge of Westwood. Option two was an easement from Westwood's cul-de-sac to the west property line meeting the north corner of the bank's parcel. Option one was selected to be developed. It provided an opportunity to upgrade access to existing properties on the west, it minimized the loss of salable land from Westwood, and it would allow a back door emergency access to Westwood through the parking areas of lots 3 and 4. 2. Side yards on lot 4 could be reduced; reference parking to 17' on the west, 50' on the north, 25' on the east, and the buildings would have to be at least 50' from property lines. 3. The proposed easement would be 60' wide, 30' to be taken from ADI's Westwood. The roadway would be 34' wide centered on the property line with a 5' wide level shoulder allowing 13' for earth sculpturing in the R.O.W. The intersection of this easement with County Road 67 would be centered 140' from the easterly edge of the railroad R.O.W. We have had conversations with Hennepin County which suggest this is acceptable. 2106 • HGA 31 July 1981 Page Two 4. Reduction of required parking will not be considered at this time. . 5. AOI will pay cash for their share (50%) of the roadway at the time of its construction. Estimated length 725'. 6. The City will advise and coordinate adjoining property e.,mers to the south and west so they execute their portion of the easement and agree to pay for their portion of the construction costs. Please advise if these notes are not consistent with your recollections. The accompanying revision drawing accommodates all the issues above and if agreeable to you, we will so modify the documents submitted earlier. With the resolution of this access issue, we believe the concerns of the Planning Corcanission have been met and hope that City staff can submit a supporting report. We, therefore, anticipate approval of the preliminary platting and rezoning request and the ability to move this project forward to completion. Thank you for your consideration and cooperation. C. M. Niemeyer, AIAAAbttlr--. Vice President HGA cc: Richard Anderson Ed Vogt Enclosure CMN/kn • • • 2109 •„ • AD! A.,,HARD W. ANDERSON, INC. DEVELOPER • • • July 10, 1981 City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Attention: Chris Enger - 1 Re: Westwood Business Park Dear Chris: The Franklin National Bank has demanded that ADI construct a 600-foot road costing over $1,000,000 through the Nine Mile Creek flood plain area, to the bank's property at the south- west corner of Westwood Park. ADI absolutely refuses to do so for the following reasons: • 1) Our 42 acre site has only one natural amenity, namely the Nine Mile Creek, and said amenity will be removed when a road and bridge is constructed through it. The natural greenery will also be destroyed (Please refer to the site plan and notice that over six acres of land in the southwest corner are being retained in total). 2) The Westwood land is costing $25,000 per acre. ADI valued the Bank's 30 acres at $7,500 per acre, because a major portion is swamp and flood plain land. The million dollar investment in a road and bridge is not warranted to service a $200,000 parcel of land. Further, $1,000,000 par- cel of land would simply not warrant a $1,000,000 investment in a street to service "someone on the other side of the mountain." • Continued- • 9995 W.69th St. Phone(612)944.6b03 Eden Prairie,MN 55344 2.Itf Page - 2 - July 10, 1981 ( 444,000 square feet of buildings will be constructed in Westwood at a value of $15,500,000. ADI will forgo the opportunity, if it is compelled to construct a road for the benefit of a third party. ff Yours very truly,• • -.RICHARD W. ANDERSON, INC. (ADI) • By ll/ President RWA/tm cc: Hamel Green & Abrahamson {. P.S. Even if the bank will pay the million dollar cost, we are not interested in desecrating the sole beauty spot of our property with a road and bridge. We offer our industrial customers something more than brick and mortar. • • • ZIU9 f_._ ,., Chicago, Milwaukee,St. Paul and Pacific Railroad Company 221 - Third Avenue South Minneapolis, Minnesota 55401 Phone; 612/349-4288 July 10, 1981 ' File: 273 - E. I+ir. Chris Enger - City Planner City of Eden Prairie • 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mr. Enger: I am writing you in regard to the proposal before the Eden Prairie Planning Commission concerning the proposed connection between Kurtz Lane and Edenvale Blvd., which if approved would require changing an existing private crossing into a public road. We have not been officially notified of this proposal, but we feel that we should make our feelings known while the matter still is in its preliminary stages. In view of public safety and the safety of our employees, it is our desire, along with both State and Federal governments, to minimize the number of "at- grade" crossings whenever possible. The granting of new public "at grade" crossings comes under the jurisdiction of the Minnesota Department of Transportation and their authorization will be required. If the Railroad objects to this corssing, a public hearing would then be required. If this crossing is ordered the City will then have to acquire a permanent ease- ment for the roadway from the Railroad. The initial cost of the crossing would then be born by the City, including all the grading, the drainage, the crossing surface, the necessary upgrading of the track structure and any signalization re- quired. This would be much the same procedure as required in the case with Valley View Road except that no crossing will be closed as Duck Lake Road was. Since we have not received a print showing this proposal (I understand one is now being sent) I am not sure of the exact alignment of this proposed crossing, however, after inspection of the site, it was noted that there is not good visibility in any of the quadrants which make this crossing undesirable for the amount of traffic proposed. I must admit that some tree cutting and grading and the installation of automatic warning signals with gates would improve this safety hazard. How- ever, it is the opinion of the Railroad that the above measures will have to be undertaken if a crossing is to be installed. Because we like to limit the number of public grade crossings, and because this ( crossing will present a safety problem, we hope that an alternative access route serving the proposed development can be found. (Continuation) t 2110 • Mr. Chris Enger July 10, 81 File: 273 - E. Page 2 I will appreciate it if you will keep me advised on the progress in this matter and if any cost estimates are needed, we will be happy to provide them to you. I am interested in any plans for assessments associated with this project. •Thank you for your consideration of our concerns regarding this proposal. S.J. McCanna p vision Manager DJI/np CC: G. II. Mentjes - Chgo. - Room 898 Gene F. Bennett - Attorney - 1st National Bank Bldg. Gene Dietz - City Engineer - Eden Prairie • • • 2111 • HOWARD DAHLGREN ASSOCIATES INCORPONATCO CONSULTING PLANNERS ONE OROVCLAND TERRACE MINNEAPOLIS,MINNESOTA SS4O3 • 1113.377-3536 . 9 July 1981 • Eden Prairie Planning Commission Eden Prairie City Offices 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Honorable Chair and Members of the Commission: As you may recall from the last meeting at which the proposed Anderson Industrial Planned Unit Development was considered, we are consultants to Franklin National Bank, which owns the 30 ± acre parcel just south and west of the subject property (see the attached exhibit). As I • mentioned at that meeting, we have attended a number of meetings over the last year and a half on behalf of the Bank to discuss (1) the City's intent to route a residential collector street across the southern half of the Bank's property and, (2) the need to provide access through the Bury-Carlson property to the portion of the Bank's property which will develop industrial. During the course of those meetings, the Bury-Carlson representatives stated that they were attempting to sell the entire parcel to a single user. Therefore, they were unable to commit to the exact alignment of a public street through their property, or the exact location of the connection into .the Franklin National Bank parcel. However, it was our understanding throughout those discussions that access would be provided in a reasonable location, to be determined after the specific users' site development needs were assessed. From discussions with the City Staff, throughout the period, we believe this to be the City's understanding as well. To understand the Bank's position in this matter, the Planning Commission must understand that the Bank's Charter prohibits it from acting as a land developer. The Bank ended up with this property due to a default on a loan and can only market it in its raw, undeveloped form, to recoup its investment. I can assure you that the bank is actively 2112 Eden Prairie Planning Commission 9 July 1981 City of Eden Prairie Page 2 , attempting to do so, but, has been unsuccessful to date, due primarily to current interest rates. • With this background in mind, please refer to the attached . ••' exhibit. Represented on this reduced exhibit is a rough concept for the development of the Franklin National Bank ' property. Certainly one of the key features shown is the 'proposed residential collector across the southern half of the Bank parcel. As you know, this parcel is shown on the City's Comprehensive Plan and we have, therefore, considered it as a given in our planning efforts on this parcel. We have shown this collector entering the Bank parcel at the existing private road crossing adjacent to the Bury property, and exiting at a point which has been tentatively agreed upon with McCombs-Knutson, Inc., in their preliminary planning on the proposed Centurion Homes Development. This concept calls for access into the industrial section of the Bank property to be gained through the Bury-Carlson property and for all of the industrial traffic to be channeled north to County Road 67 and thence to I-494. There is no industrial access proposed onto the residential collector. This interface between land uses would be bermed, screened, and landscaped, as needed, to make this transition as effective as possible. It should also be noted on this exhibit that two 42 inch culverts are currently in place beneath the existing gravel farm road crossing at the north end of the property. From discussion with Bob Obermeyer of Barr Engineering, the Watershed District engineer, we understand that these culverts are sufficiently sized to accommodate the 100 year flood, and that in fact, this road crossing isn't even inundated during such a flood. We would expect that some demucking and sub-base preparation would be required to construct this crossing, however, it would not require bridging. In conclusion, we believe that a refinement of the attached concept is the best way for the Franklin National Bank property to be developed. It provides for the residential . collector called for in the City's Comprehensive Plan. It also provides for a reasonable transition between high 1 Eden Prairie Planning Commission 9 July 1981 City of Eden Prairie Page 3 quality residential and intensive industrial land uses. Let there be no question about the fact that Franklin National Bank intends to sell its property for development according to its industrial zoning, with the modifications . noted above. To provide for this development, a street connection through the proposed Anderson Industrial Planned Unit Development will be required. We will be in attendance at Monday's meeting to answer any questions which you may have about the Franklin National Bank's property. Sincerely, ohn W. Shardlow Principal Planner enclosure • 211q '/ I ;I •)•' ` I •. FRANKLIN NATIONAL BANK `,.%�' .. den Prairie, Minn. . > , ,��°': ,Y�TE • Howard Dahlgren Assoc. 1• . thrtt4C,•\ . Land Planning Consultants /' Wt�,y l;,,L;�,I, _ Mpls, Minn. /rI. ,``\\t r, ,1�•� - ra4EP o 1o0 200 400 ! ; \t (>.• ; ; WVVkWW(AL i .ci ..:) •, i:--. FxI 1U4j .FYi i -\ a -..�= \\ t \ \� fin\ r l�` ! � > 'PFot'oSE.D /r•- � / 1 i ,•''i' N`Q\. ell �, I 'f . � Y 4 ' -w /1/t/I/ll111 0" ..Uy; % • • PMA4 lNwh}'R`:L. 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FRANKLIN NATIONAL BANK• • �'• i•f V lr 0 • ;•/ Eden Prairie, Minn. •,.; • 7' ,7.v�T£ %4''`�' Howard Dahlgren Assoc. f - XjtiTINf,,��'••, Land Planning Consultants ,7140uhTFl,.1/; _ Mpls, Minn. ,P ,, , 17:1 1 Pc.orob p 0 100 200 400 (5 .i ) i' . ‘r ' \ (-.,2 I, i.• INVOlgclAl-- illtr9N i.',Exi6-rips4s-...- ...,,, 1,.4.4z.v. .fi . .iiwTIN4 '/, �,, b." ._-4-cuWLR E -')�? • \ r fxt Tlt•llfi /i N, ` ,;ij ` lNwhTgl�r1- sir, , ,,f-. ,;1 y' • + ice___ �_�' l\ ,\�-i.t • ;/ to 5\.,-;,,=ram".; �;,• �' i 1 MER vEsi,E.. r ) •i.\t♦••l�Na I\ ), \:.I/`'r.,G� 1p\ /0Ri^„---- i • �r.,,,\\\\\,\``.,�_ Y*\��\0-0�N`. 'i\•i. .�_�._ Tw�712u�1fit- ?. A . /ie".-''',"-•//, '::i•';.-‘il:>/e..,4._ ,..,,..„:.:::,.:.,„,• -,-, _ - , .. ,,,, __...:,.;,„,,,,,„, ‘„, -4-4" ::(' -/ y `'� x1rMy���!i, //UI/IIIl1N�%4 -. 'k'..j! 5. • ~ ' rPRwntaf f/rF l •-w tN , fr. fir`• , ,,,/ ►1 •! • - , !,,I -/ i , . 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Eden Prairie, Minn. . <:� �-�.-: IVo,<E, ` .t' ,\ • • Howard Dahlgren Assoc. �t. xiyTIN :- Land Planning Consultants ;' ItWWhT'JA41,j�j/;�` / '.,,,1`� �, /1- Mpls Minn %�• ;;;� �:; p�oPobEP ,r, it 0 100 200 400 / ; `e •., %'/i:I INPvhtg(AL i I GR09hIN4--J`.'i linz=r=1 N ,t i` A AI�"r I L�� •mf' -- EAI4.TIN4 ,, 5 �'� • ==, t1 11tvgvhTglik+LJ � �, " \ � - 1 \I1 Y , 1 "-•" ice_ 1% �f : , j . ;',F. 0C, Wx- III \14V1 1\\15,.4.// .. 1,4--k, - 111 I MEP. d 1 ca tl i�:\I J'.\ \�4i 6� �\U� 011 . 1 l \\\\`\f titi< i'`;., v\\ FOR•_o bi I Ii PRIVA t4 ?.1.,.\,1,:.4i!i.'. 4144!I/IIIl11VJll e°'_y J,i:,.4-7_ 4: ` ,7 7.1 c... .f INWhjRlAl 1 ,r >ANAL /1r -'sEhIvENTIf,L ific 1 , 17 \...:\io....., • 1 1 212-- r r • ,fir, ; •• 1 , 1 1 ti,� ,_1. i, FRANKLIN NATIONAL BANK r`'�' ,`y, 0 ,•, Eden Prairie, Minn. ,=;; ' ;w1Hf 1N4 .,7, G- WATE{CAAv • A' it Howard Dahlgren Assoc. xIhTIN , •- Land Planning Consultants WNhT>i;,1�4t ; ,/,;i_ i Mpls, Minn. f ,,, .; 1 o goo 200 400 ; \� ; '� / INVUhTf W— v IUI `� \4.A 1. i rAR I N ���,1 c oo5hIN4--xf , ✓'\;;i�� sir i /� 1 XISTItJ4 ,; ; -,� 1 , l -_/, -,‘, 4 f,f Z., �kj r 9, h. r r; I,I'.-i. lC M'l}[�) a-r ^'i", Ill\ e✓".'' 1 q�,, ' ,,\ki!„),YY..M1; ..__t^`gal`•_--"r,'rf;, 1El) I / d 1,1 n11 I11 s r •/ y„w ����A1�1�. , l :: 1 `l ..,:\\\,,�,\(.( \44 ,y,%:ORS . �..� v�,.s`.\�.s�‘�." _F`\\�.\\0O%." ^,i. �w`_ hu l l_ 1 "4/er-7.,..:7; ‘, 11 VA't\,,.4....'‘NY":,,;\re.Y •;11 iZ-i-4,'a i PRIVATE s .lI/U�11�?7g., ii-d4 ,--- .,Vf".9 L , e ,,,;..7,7,,,,.,,. y„.,,,,. ...... , .....,..e.,, ,,, , , ..: _.__ _„__,.,...c 1 r.i EXIhTI144 ' - T,.-:....._.; ,,,,,:.._:;,,,,,,'1,,," , '' A1`;T 4. 74,1- .. hNN1.LE-FAMIL4j /fJ ,, . `, ' '��51DENTIAL .... ,!;,4,-1., _.-T_,,z, , : - • 1- --- 43, i ,... i, T-:s:__ ---‘, . , I .,..._.„...... . . , , ,i7i v . , 1 2123 ( ` ( y r '1`1 1 j r • FRANKLIN NATIONAL BANK ;:` %'o ,• Eden Prairie, Minn. ,.N , ��"yr' .44 Howard Dahigren Assoc. x._exjsiTIN4,,''\ Land Planning Consultants %TWOuhT I1.1 '1, - Mpls Minn. °`l"."� - ,{l `1 o*EP '.. PAP /. • o i:r° / �t I./;,, 1NVUh'ig IAL tetw4` �'AKi� 4,.....,,II\.,\• \• .497 • , 4' a FXt6TIt4l� �`` ‘ 1 4 1.4.--NA\LL '... ,-:*-// r`\VI: „;, f F . 1 ^" \ __, ;,a,,,. Ill, .e.f :,/ r ''1" its'—'_—`__l_ n.,Nj /Il`s_'.' F''i 1 fotb6ED , j 1 .'k%\\\ ‘l,.• ;44 ; N\a tLtO 1 a" l7lvr-ct1 v�y i r/ ^�,,,,,, \,�, :..d .40.. y ` L - \ 11 111„,,, om.\a , l C 1 /, -....- i, ),) . ..);,..so, .0.,,, s.::,i, /,',.2-../,.--, i �•� /�` I : iivE � � �/ll1/11111N1Ie° �_ ' ��:' ` e PRA fvh :7t1:.:INi.- fa: •0 { • rj ' T ' I w • '.:('I t- 4 4:.-1 ,--. -'gE171T7E_NTIAL ;_ , . " t hIN4LE=FAMIL{(� ,,.: _.: ,/f.: .....1-1. 1.-.", . :_l --. ... I y . - 1 1 21214 DEPARTMENT OF TRANSPORTATION `;4 320 Washington Av. South Hopkins, Minnesota 55343 ' " J HENNEPIN___[NE L 93E0-3381 '' June 10, 1981 • Mr. Chris Enger Director of Planning • • City of Eden Prairie 8950 Eden Prairie Road Eder Prairie, Minnesota 55344 Dear Mr. Enger: • RE Proposed Plat - 'Westwood Industrial Park" County Road 67 Approximately 700 ft. west of CSAH 60 - So. Side of CR 67 Section 3, Township 116, Range 22 Hennepin County Plat No. 931 Review and Recommendations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and found it acceptable with consideration of these conditions: -For future improvements to County Road 67 the developer should dedicate an additional 7 ft. of right of way making the right of way 40 ft. from the center of CR 67. -Although the proposed access point does meet minimum sight distance require- ment to the driver's right, Hennepin County recommends moving the proposed access easterly approximately 300 ft., to the crest of the hill or westerly to gain a safer sight distance to the east. -Any new access to a county road requires an approved Hennepin County entrance permit before beginning any construction. See our Traffic Division for entrance permit forms. -All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes, but is not limited to, drainage and utility construction, trail development, and landscaping. See our Maintenance Division for utility permit forms. -The developer must restore all areas disturbed during construction within County right of way. Please direct any response or questions to Les Weigelt. S' cerely, .. .P. aq ames M. Wald, P.E. HENNEPIN COUNTY Chief, Planning and Programming on equal opportunity employer JFt�/LDW:pj 2125 • • / • • /0; May 12, 1981 • y/; • Mr. Richard W. Anderson ADI 9995 West 69th Street Eden Prairie, MN 55344 Dear Sir: Today we noticed a sign on the property on 62 Crosstown, west of Baker Road. We, as your neighbor to the east (St. John's Homeowners Association, P.O. Box 1403, Minnetonka, Minnesota 55343), would like to call to your attention a commitment that has been made by the former owners of the property of which, as we understand, you now are the owner. Bury Carlson, the former owners, when they desired to mine for gravel, obtained permission for same from the City of Eden Prairie with a proviso that they and future owners would main- tain a moraine between their property and that of ours in the Home- owners Association. When the property came up for sale and Thorpe Brothers were designated as the sales representatives, we called to Thorpe's attention the fact that this moraine had been established. They acknowledged to us that they were aware of same and that any representation they made on the property, would reflect the establishment of this barrier. We, in the spirit of cooperation, want to call this matter to your attention, as well. If at any time there are questions concerning our mutual relationship, please feel free to contact the association at the above address. Presdt � CC: /Zoning Office of the City of Eden Prairie Carl Julie, City Manager '111. _. C J" HILLSTROM&MARTINSON,Ltd. SAWYERS 1330 SOO LINE BUILDING MINNEAPOLIS,MINNESOTA 55402 ROSERT A.HILLSTROM 612.132 4063 •RADLEY J.MARTINSON • •December 12, 1979 • • City Engineer City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Dear Sir: I represent the Homeowners' Association at St. John's Woods. It is their understanding that the area immediately to the west of St. John's Woods townhouse development is in the process of being developed or that development plans have been submitted to the City for consideration. Certain commitments have been made to the townhouse association with regard to maintaining the natural barrier between the St. John's Woods property and the property scheduled for development. The Homeowners' Association is deeply concerned about this development and that all the commitments made to them be honored. I would therefore appreciate it if you would notify me and the president of the Homeowners'Association of any upcoming planning commission hearings - or other hearings in which input will be sought with respect to this development. Yours truly, Zo/r"-- adley . Martinson BJM/c cc: Mr. Ken Beiersdorf Thorpe Realty 8085 Wayzata Boulevard Minneapolis, Minnesota 55426 President St. John's Wood Homes Association P. O. Box 1403 I Minnetonka, Minnesota 55343 212-1 . 5/81 MINNESOTA ENVIRONMENTAL QUALITY COUNCIL b•NVIRONMENTAL ASSESSMENT WORKSHE:ET (EAW) AND NOTICE 0F. FINDINGS DO NOT WRITE IN THIS SPACE E.R. • •NOTE: ' ^lie purpose of the Environmental Assessment Worksheet (EAW) is to provide information on a project so that one can assess rapidly whether or not the project requires an Environmental Impact Statement. Attach additional ' 'pages, charts, maps, etc, as needed to answer these questions. Your • answers should be as specific as possible. Indicate which answers are estimated. I. SUMMARY A. ACTIVITY FINDING BY RESPONSIBLE AGENCY (PERSON) Negative Declaration (No EIS) EIS Preparation Notice (EIS Required) B. ACTIVITY IDENTIFICATION We5tW00d IndUstrialPerk 1. project name or title 2. Project proposer(s) Richard W. Anderson, Inc. Address 9995 West 69th Street Telephone Number and Area Code (612) . 944-6803 .3. Responsible Agency or Person City of Eden Prairie Address 9850 Eden Prairie Road ' - ' . Person in Responsible Agency (Person) to contact for further information on this EAw: Chris Enger ' • Telephone 937-2262 4. This EAW and other supporting documentation are available for public in- spection and/or copying at: .Location City Hall Telephone 937-2262 Hours Sam - 4clfpps 5. Reason for EAW Preparation • XX Mandatory Category -cite (::)Petition Other MEQC Rule n unbcr(s) (b)(CC)(dd) Ind. development of 40+ acres part of which is within floodplain area. 'r c. ACTIVITY DESCRIPTION SUMMARY Ind. development of 20,000 sq. ft.+part of which is within s 1. Project location a shoreland area. s county Hennepin City/Township name Eden Prairie 1 Township number 116 (North), Range Number 22 East o VD (circle one), 1 Section number(s) 3 Street address (if in city) or legal descriptions NI; of the E 75 rods of the NW•quarter of Sec. 3, T116, R22. 1 _ 2127 2. Pe an4 scopeof proposed project: Industrial development: 42 acres, 7 buildings to contain office & warehouse i space. ' 3. Estimated starting date (month/year) Fall, 1981 4. Estimated completion date (month/year) 1984 5. Estimated construction cost 7 million + 400,000 (street Imp.) (estimated) . 6. List any federal funding involved and known permits or approvals needed • from each unit of government and status of each: Unit of Government Name or Type of Permit/Approval Status ' (federal, state, or Federal Funding regional, local) .City PUD, zoning, platting & EAW pending' • Nine-Mile Creek Watershed land alteration permit pending ' EQB Negative Declaration pending ' • D:N.R. E.R.W. pending 1 approvals are involved, will a federal EIS 7. If federal permits, funding or yES UNKNOWN . be prepared under the National Environmental Policy Act?— 11 II. ACTIVITY DESCRIPTION I A. Include the following maps or drawings: . . i • 1. A map showing the regional location of the project. 2. An original 81 x 11 section of a U.S.G.S. 71 minute, 1:24,000 scale map i with the activity or project area boundaries and site layout delineated. y Indicate quadrangle sheet name. (Original U.S.G.S. sheet must be main- tamed by Responsible Agency; legible copies may be supplied to other ' EAW distribution points.) 3. A sketch map of the site showing location of structures and including x significant natural features (water bodies, roads, etc). 4. Current photos of the site must be maintained by the Responsible Agency. Photos need not be sent to other distribution points. B. Present land use. i 1. Briefly describe the present use of the site and lands adjacent to the site. 9 90% of the site is an excavation site from which gravel has been removed. The extreme SW corner contains a portion of Nine-Mile Creek. To the east are 142 townhouses, to the north Co. Rd. 67 (future Crosstown 62), to the south are wooded unbuilt parcels, and to the west are industrial uses. , 2. Indicate the approximate acreages of.the site that are: a. Urban developed n acres f. Wetlands (Type III, IV, V) 0 acres b. Urban vacant 11 acres g. Shoreland 4 acres 1 • c. Rural developed 0 acres h. Floodplain 7 acres d. Rural vacant 31 acres i. CroplandePasture land 0 acres a. Designated Recre- 4 acres j. Forested 6 acres . . ation/Ouen Space OP) - 2 - 2129 .._[1.• t� I ▪ . ,T w 2 l • J ` L'� I� N II ,,II,` r • 1 , , :ice; •: '' -N•i--••: `' 'I '...• ) , ., fi lr ( . 11 81 lurekn u !a.''�... 0 • 1 A.J, I �. F.i: I / .+'.•r�--SC'—t—.s� �l,-F + "T.' T. ', I J • x ^1 ( �-j i s , , G .�• ir;r . 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" ..l'''.:.•4',.,:N." .'...'.1. .s'77-7.. ..,.... . v..- ....4,,,..,. 1,,, ,--...:- „s. 9.;:i•0..'..el,- .,,.. •T .,... (41••:•:%•• • .r,....--. , '`....0 14 I' 0,•_••-•It Yr,lir. V'' .. • .'.".; • ;.',,17,,h...•:.ii sos wt. . .v•v• it. grev..^1,... ... ,.....f.......,......4 f.,....Ja.a..4,kr, • ,,,••••,., c.. , . ..• I ......3.• •-...'• .4.• • = , i ,,, , ., 1%4, 11 :.. ..:....•' ..../ ..4.:•••.•—•,. ••• 4 .,I•••••••,...4.,•-• a..:... . 'tor ••.,..t •••:.IV.% .-.\-.. • ' ..( p-......f "A..., ,..,... • • g al. -6 14 • • • 3. List names and sizes of lakes, rivers and streams on or near the site, particularly lakes within 1,000 feet and rivers and streams within 300 feet. Nine-Mile Creek passes through the southwest corner of the property. C. Activity Description 1.• Describe the proposed activity, including staging of development (if any). operational characteristics, and major types of equipment and/or pro- ' ceases to be used. Include data that would indicate the magnitude of • • ' the proposed activity (e.g. rate of production, number of customers, tons of raw materials, etc). Buildings to be constructed one at a time, each allowing for 170-187 parking spaces plus truck loading. 75% of the site has been disturbed in the last few years and will be regraded. Prefabricated building panels will shorten construction time. Auto traffic will be mostly employees and not a constant flow during the day. There will be approximately six truck trips per building per day. • ' 1 2. Pill in the following where applicable: a. Total project area 42 acres g. Size of marina and access - sq. ft. or channel (water area) Length -- miles h. Vehicular traffic trips generated per day 2,834 ADT b. Number of housing or (2.5 x pkg. space) recreational units ""• i. Number of employees • 1t100 30 ft c. Height of structures 26_ft. j. Water supply needed 50,000 gal/da Source: • d. Number of parking spaces 1,134 k. Solid waste requiring disposal 84 tons/yr a. Amount of dredging N/A cu. yd. 1. Commercial, retail or • f. Liquid wastes requir- industrial floor space 377,400 sq. ft. ing treatment 50+000ga1/da III. ASSESSMENT OF POTENTIAL ENVIRONMENTAL IMPACT A. SOILS AND TOPOGRAPHY 1'. Will the project be built in an area with slopes currently • exceeding 12%7 No X Yes 2. Are there other geologically unstable areas involved in the project, such as fault zones, shrink-swell soils, peatlands, or sinkholes? X NO YES 9. If yes on 1 or 2, describe slope conditions or unstable area and any measures to be used to reduce potential adverse impacts. Some existing slopes exceed 1:1. Where future buildings are set into hill on the site's east side, these slopes will be held back by earth retaining walls. Proposed slopes will not exceed 2-1/2:1. Slopes over 3:1 will be sodded. Poor soils in building areas, if encountered, will be removed and rpnlaced with good bearing soils. it.a • { 4. Indicate suitability of site soils for foundations, individual septic systems, and ditching, if these are included in the project. • Majority of soils have excellent bearing capacity. Any pockets of poor soils will be corrected during gnraaqdd�ing contract.c2ne are on site would ' •5. accept septic systems oftgradinghandvtilling wh.chiwill De done: 177,000cu. yd. grading140.000cu. yd. filling 75 What percent of the site will be so altered? 6. What will be the maximum finished slopes? 2-1/2:1% 7. What steps will be taken to minimize soil erosion during and ' after construction? Retaining walls with the backs into the east side hill will be constructed when building construction commences. Sod and plantings will be used to stabilize new and existing slopes. ' B. VEGETATION • 1. Approximately what percent of the site is in each of the following vegetative types: Woodland _4% Cropland/ n Pasture Brush or shrubs n% Harsh n Grass or herbaceous in% other 76 % Abandoned gravel (Specify) stripping, some weeds 2. How many acres of forest or woodland will be cleared, if any? 2 acres 3. Are there any rare or endangered plant species or areas of unique • botanical or biological significance on the site? (See DNit PTO publicatYEion The Uncommon Ones.) If yes, list the species or area and indicate any measures to be used to reduce potential adverse impact. • } C. FISH AND WILDLIFE 1. Are there any designated federal, state or local wildlife or fish manage- ment areas or sanctuaries near or adjacent to the site? NO _.EYES 2. Are there any known rare or endangered species of fish and wildlife on or near the site? (Sec DNR publication The Uncommon ,IL NO YES Ones.) 3. Will the project alter or eliminate'wildlife or fish �.NO _xLyrs habitat? 4. If yes on any of questions 1-3, list the area, species or habitat, and indicate any measures to be used to reduce potential adverse impact on them. Nine-Mile Creek is a local wildlife corridor and habitat., Buildings will be setback 550feet + from the creek bed, and parking will be no closer than 350 feet. Construction of the industrial park will disturb and relocate the birds and small mammals now inhabitating the old gravel site. Retention of the j wooded morraine and conservancy area around the creek will provide wildlife habitat_ A _ 211W D. HYDROLOGY • 1. Will the project include any of the following: f If yes, describe type of work and mitigative measures to reduce adverse impacts. ' a. Drainage or alteration of any lake, pond, marsh, NO YES lowland or groundwater supply X b. Shore protection works, dams, or dikes X c. Dredging or filling operations ...1._ d. Channel modifications or diversions X _ e. Appropriation of ground and/or surface water .-,_,_ _j_ f. Other changes in the course, current or cross- • section of water bodies on or near the site X ,•,r • • 2. What percent of the area will be converted to new impervious surface? 50 % 3. What measures will be taken to reduce the volume of surface water run- off and/or treat it to reduce pollutants (sediment, oil, gas, etc.)? Ponding in parking areas will occur when rainfall intensities exceed 3 inches per hour as determined by the pipe sizes chosen for the project. Surface water disposal and pollutants control will be handled as required ,(. by the 9-Mile Creek Watershed Management Board. • 4. Will there be encroachment into the regional (100 year) floodplain - by new fill or structures? . • If yes, does it conform to the local floodplain ordinance? NO X YES 5. What is the approximate minimum depth to groundwater on 10 feet the site? E . WATER QUALITY . 1. Will there be a discharge of process or cooling water, sanitary sewage or other waste waters to any water body or to groundwater? X NO YES If yes, specify the volume, the concentration of pollutants and the water body receiving the effluent. , { 2. If discharge of waste water to the municipal treatment system is • planned, identify any toxic, corrosive or unusual pollutants in the wastewater. N/A 3. Will any sludges be generated by the proposed project? X NO YES If yes, specify the expected volume, chemical composition and method of disposal. . a 1)3S • 4. What measures will be used to minimize tho volumes or impacts identified in questions 1-3? All waste water treatment will be taken via municipal sanitary system. • • • ' S. If the project is or includes a landfill, attach information on soil profile, . • .. ' depth to water table, and proposed depth of disposal. N/A • F. AIR QUALITY AND NOISE 1. will the activity cause the emission of any gases and/or particulatea into the atmosphere? NO X YES • If yes, specify the type and origin of these emissions, indicate any emission control devices or measures to be used, and specify the approxi- mate amounts for each emission (at the source) both with and without the emission control measures or devices. Heavy equipment used tor site preparation and building construction will produce emission of fumes and particulates. Such emissions are expected to be dissipated as it reaches site boundaries. If airborne dust becomes a problem, the site will be watered as needed. 2. Will noise or vibration be generated by construction and/or operation of the project? NO X YES If yes, describe the noise source(s)s specify decibel levels [dn(A)], and duration (hrs/da) for each and any mitigative measures to reduce the noise/vibration. Construction equipment will generate 60-100dBA during the working hours of 7am - 6pm. • • 3. If yes on 1 or 2, specify whether any areas sensitive to noise or reduced air quality-(hospitals, elderly housing, wilderness, wildlife areas, residential'developments, etc.) are in the affected area and give distance from source. Areas to the north and west should not be disturbed by site development. The townhouse development east of the site is behind a wooded morraine which will offer a visual and noise barrier. G. LAND RESOURCE CONSERVATION, ENERGY 1. Is any of the site suitable for agricultural or forestry roduction or currently in such use? Xp NO YES If yes, specify the acreage involved, type and volume of marketable crop or wood produced and the quality of the land for such use. • ( 2. Are there any known mineral or peat deposits on the site? NO X YES If yes, 2;rci`y the typo of deposit and the acreage. Swamp deposit - black peat, up to 1 acre possibly in SE corner of site. 1' below grade. 213(, • • 3. Will the project result in an increased energy demand? NO X YES Complete the following as applicable, • a. Energy requirements (oil, electricity, gas, coal, solar, etc.) Estimated Peak Demand Annual (hourly or Daily) Anticipated Firm Contract or Type' ' Requirement summer Winter Supplier Interruptible Basis? Electric NSP 2.000.000KWW 1000KW/hr 300 KW4br NSP firm MN Gas 50,000 mcf/yr 1000cft 2000cft Minnegasco interruptible • b. Estimate the capacity of all proposed on—site fuel storage. None • • c. Estimate annual energy distribution fort • space heating 40 ♦ lighting 20 • air conditioning 25 ♦ processing 10 . ventilation 5 • d. Specify any major energy conservation systems and/or equipment incorporated into this project. 3 easterly building will be semi-earth covered on 1 side. e. What secondary energy use effects may result from this project ' (e.g. more or longer car trips, induced housing or businesses, etc)'? The project will not necessarily produce longer car trips because Eden Prairie has a work/live environment in which employees have the opportunity to live and work in the same community. U. OPEN SPItCE/RECREATION 1. Are there any designated federal, state, county or local recreation or open space areas near the site (including wild and scenic rivers, trails, lake accesses)? NO X YES If yes, list areas by name and explain how each may be affected by the project. Indicate any measures to be used to reduce adverse impacts. Nine-Mile Creek travels through the southwest corner of the site. Development will be setback 350+ feet from the Creek. All work will be reviewed by Nine-Mile Creek Watershed District. 2431 f U. TRANSPORTATION proposed transportation systems 1. Will the project affect any existing or eor)? p to X YES (highway, railroad, water, airport, will affected. ESr If yes, specify which part(s) of thesystem(S) wi be affc speede . and these, specify existing use and cap average indicate to howi they will be Percentage of truckretctf(ec .lf highway): and congestion, percentage of truck traffic, affected, nb the project ( (Aaccess requirements). safety, increased traffic (ARYR), ed ll be west bound andp80% wills will tbe�eastze obound and travel ;smi etto I-494ior Co. Rd. 60. • YES 2. Is mass transit available to the site? X-NO 3. What measures, including transit and paratransit services, are planned.to 1d reduce adverse impacts? None are planned at this time. Ride demand in this area does not meet MTC guidelines. J. PLANNING, LAND USE, COMMUNITY SERVICES 1. Is the project consistent with local and/or regional comprehensive No X YES plans? If not, explain: Industrial development is according to the guide plan and protection of the morraine will be required as outlined in previous conmittments. If a zoning changepermit is necessary, in or special use dicate existing zoning and change requested. Site is presently zoned I-2 Park and Rural. The Rural portion will be rezoned I-2 Park. a 2. Will the type or height of the project conflict with the character ofYthe existing neighborhood? If yes, explain and describe any measures to be used to reduce conflicts. • 2.1 • • 3. How many employees will move into the area to be near the project? N/A How much new housing will be needed? • f 4. Will the project induce development nearby--either support services • or similar developments? If yes,explain type of development and specify any other counties and municipalities affected. 'Minnetonka - future industrial zoning proposed to north of site across Co. Rd. #67. . Similar office/warehouse or supportive commercial services could be induced. • • S.. Is there sufficient capacity in the following public services to handle the project and any associated growth? Amount required public Service for project Sufficient capacity? water 50,000 gal/da planned wastewater treatment 50,000 gal/da planned • sewer 840 feet planned schools. • -- pupils existing solid waste disposal 8 ton/mo olannpd I streets .2 miles planned other (police, fire, etc) 1.2 officers/1000 planned • If current major public facilities are not adequate, do existing local plans call for expansion, or is expansion necessary strictly for this one project and its associated impacts? Expansion is not necessary strictly for this project, but is being done according to scheduled improvements. • 6. Is the project within a proposed or designated Critical Area or part of a Related Actions EIS or other environmentally sensitive plan or program reviewed by the EQC? X NO YES If yes, specify which area or plan. • • • 7. Will the project involve the use, transportation, storage, release or disposal of rotentially hazardous or toxic liquids, solids on gaseous substances such as pesticides, radioactive wastes, poisions, etc? X NO YES If yes, please specify the substance and rate of usage and any measures to be taken to minimize adverse environmental impacts from accidents. 2i39 • • • • 8. When the project has served its useful life, will retirement of the facility require special measures or plans? X NO YCS ( If yes, spocifys • K. HISTORIC RESOURCES • • 1. Are there any structures on the site older than 50 years or on federal or state historical registers? X NO YES 2. Have any arrowheads, pottery or other evidence of prehistoric or early settlement been found on the site? X NO YES • • !light any known archaeologic or paleontological sites be affected by the activity? X NO YES Area has been extensively mined. 3. List any site or structure identified in 1 and 2 and explain any impact on them.• • • f _ • • L. OTHER ENVIRONMENTAL CONCERNS Describe any other major environmental effects which may not have been identified in the previous sections. . • • III. OTHER lIITIGATIVE MEASURES Briefly describe mitigative measures proposed to reduce or eliminate potential adverse impacts that have not been described before. • • • 2110 • V. FINDINGS • The project is a private ( ) governmental ( X.) action. The Responsible Agency (Person), after consideration of the information in this EAW, and the factors in Minn. Reg. MEQC 25, makes the following findings. . 1. The project is ( ) is not ( X ) a major action. State reasons: • 2. The project does (�) does not (j) have the potential for significant • environmental effects. State reasons: . 3. (For private actions only.) The project is ( ),is not ( ) of more than 4 local significance. State Reasons: - • IV. CONCLUSIONS AND CERTIFICATION NOTE: A Negative Declaration or EIS Preparation Notice is not officially filed until the date of publication of the notice in the E.2 Monitor section of the Minnesota State Register. Submittal of the EAW to the EQC constitutes a request for publication of notice in the E2C Monitor. • A. i, the undersigned, am either the authorized representative of the Responsible Agency or the Responsible Person identified below. Based on the above findings, the Responsible Agency (Person) makes the following conclusions. (Complete • either 1 or 2). . • 1. *** NEGATIVE DECLARATION NOTICE No EIS is needed on this project, because otthe project tiisif not tant major action and/or does not have the po ea for • environmental effects and/or, for private actions only, the project is not of more than local significance. • • • - 11 - Mt • 2. EIS PREPARATION NOTICE An EIS will be prepared on this project because the project is a • major action and has the potential for significant environmental effects. For private actions, the project is also of more than local significance. a. The N.EQC Rules provide that physical construction or operation of the project must stop when an EIS is required. In special circumstances, the MEQC ea:specifically authorize limited construction to begin or ,•continue. If you feel there are special circumstances in this project, specify the extent of progress recommended and the reasons. • b. Date Draft EIS will be submitted: (month) (day) (year) (MEQC Rules require that the Draft EIS be submitted within 120 days of publication of the EIS Preparation Notice in the EE Monitor. If special circumstances prevent compliance with this time limit, a • written request for extension explaining the reasons for the request must be submitted to the EQC Chairman.) • C. The Draft EIS will be prepared by (list Responsible Agency(s) or Person(s)): • . Signature • . Carl J. Jiillie. City Manager Title • • Date B. Attach an affidavit certifying the date that copies of this EAW were mailed . •to all points on the official EQC distribution list, to the city and county directly impacted, and to adjacent counties or municipalities likely to be ' directly impacted by the proposed action (refer to question III.J.d on page 9 of the EAW). The affidavit need be attached only to the copy of the EAW which is sent to the EQC. , C. Billing procedures for E2C Monitor Publication • State agency . Attach to the EAW sent to the EQC a completed OSR 100 ONLY: form (State Register General Order Form--available at Central Stores). For instructions, please contact your Agency's Liaison Officer to the State Register or the Office of the State Register--(612) 296-0239. 21u2 ' 12 - • • CITY DF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 81-187 A RESOLUTION APPROVING THE WESTWOOD INDUSTRIAL PARK PLANNED UNIT DEVELOPMENT AND AMENDING THE • GUIDE PLAN WHEREAS, the City of Eden Prairie has by virtue of Ordinance 135 • • provided for the Planned Unit Development (PUD) of certain areas located within the City, and WHEREAS, the Westwood Industrial Park PUD is considered a proper amendment to the Comprehensive Guide Plan, and • WHEREAS, the City Planning Commission did conduct a public hearing on June 8, 1981 and considered Richard W. Anderson, Inc.'s request for approval for industrial and open space uses and recommended approval of the PUD Concept to the City Council, and WHEREAS, the City Council did consider the request on September 15, 1981. NOW THEREFDRE BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The Westwood Industrial PUD, being in Hennepin County, Minnesota, and legally described as outlined in Exhibit A, attached hereto and made a part hereof. 2. That the City Council does grant PUD approval as out- lined in the plan dated May 20, 1981 revised August 1B, 19B1. 3. That the PUD meet the recommendations of the Planning Commission dated July 13, 1981. ADOPTED, by the City Council of Eden Prairie this day of , 1981. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk SEAL 2-143 • • • • • The North ii of the East 75 rods of the Northwest quarter of Section'3, Township 116, Range 22. Subject to that part taken for highway purposes. • • • • EXHIBIT A 2144 • CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESDTA RESOLUTION NO. 81-188 • RESOLUTION APPROVING THE PRELIMINARY PLAT • . • OF WESTWOOD INDUSTRIAL PARK !� • BE IT RESOLVED-by the Eden Prairie City Council as follows: That the preliminary plat of Westwood Industrial Park dated 5/20/81-rev.8/18/81 , 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. Frane, City Clerk SEAL 2 04 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 81-189 A RESOLUTION FINDING THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR WESTWOOD INDUSTRIAL PARK A PRIVATE ACTION DOES NOT REQUIRE AN ENVIRONMENTAL IMPACT STATEMENT WHEREAS, the City Council of Eden Prairie did hold a hearing on September 15, 1981 to consider the Westwood Industrial-Park proposal, and WHEREAS, said development is located on approximately 42 acres of land in north central Eden Prairie, and WHEREAS, the Eden Prairie Planning Commission did hold a public hearing on the Westwood Industrial Park request and did recanmend approval of the project and 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 Westwood Industrial Park because the project is not a major action which does not have sig- nificant 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 , 1981. Wolfgang H. Penzel, Mayor ATTEST: • I :. John D. Frane, City Clerk SEAL 2.144 • 169sfwood RICHARD M. FEERICK 6518 teeshrmnrgh Avenue Eden Prance,Mannesula 55343 September 11, 1981 • Mayor Wolf Penzel • City Council Members: Dean Estrom, • George Tangen, George Bentley and Paul Redpath Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, MN 55344 Gentlemen: This is to respond to the notification of industrial development on the property north of my residence and to express several thoughts on the proposed development. This development will set the tone and character for the area and condition what further development proposals will be made for the land directly behind the residences along the lower portion of Leesborough Avenue and the northern end of Manchester Lane. The thoughts and questions I would like to address on the proposed development are as follows: 1. The building types, architecture, and expected client usage will relate to the overall quality of the proposed development. Is this development considered to be a high quality, medium quality or other classification of development? 2. What type of financing is proposed for the development? Are the • buildings to be owner occupied, or put up primarily for investment purposes? 3. Are overall building and parking land coverage areas consistent with a quality development? 4. What can be said about the record and credibility of the developer? Are there any problem areas that should be considered relative to the proponent's ability and commitment to honor any granted zoning actions and related developer's agreements? What actions does the City propose to take if problems arise? 5. Has the effect of this development on the adjacent property in back of our residences been adequately considered? What type of buffering residential development is possible, or is this ruled out of the question by the proposed industrial development? Mayor Wolf Penzel City Council Members September 11, 1981 Page Two I have always supported reasonable development by professionals who conduct themselves in an open, honest and cooperative manner with City authorities and • the community at large. This remains my position. Thank you for the opportunity • to submit my thoughts and concerns for your consideration. Very truly yours, /4/W4 chard . PeerI RMP:1la • 11�. • •• 2:111" • • September 15, 1981 4.7 • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO.R81-191 RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR•BRAINAGE IMPROVEMENTS, VICINITY OF WEST 69TH STREET AND WASHINGTON AVE., I.C. 52-004 WHEREAS, a resolution of the City Council adopted the 4th day of. August fixed the 15 day of September,1981 as the date, for a public hearing on the following proposed improvements. I.C. 52-004, Drainage improvements, vicinity of West 69th Street and Washington Ave. • WHEREAS, all property owners whose property is liable to be assessed for the making of this improvement were given ten days published notice of the Council hearing through two weekly publications of the required notice and the hearing was held and property owners heard on the day of • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY ( OF EDEN PRAIRIE: !` 1. The City Engineer is hereby designated as the Engineer for this project and is hereby directed to prepare plans and specifications for the making of such improvement, with the assistance of Rieke Carroll Muller Associates, Inc. ADOPTED by the Eden Prairie City Council on • • Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk 21q9 • To; Mayor and City Council From: John D. Franc, Finance Director . • Dates September 11, 1981 • Res Preliminary approval M,I.D.e.'s.- Town and Country Claim Service - $306,000 Town and Country intends to construct a 3,800 square foot office facility in the Lake Ridge Office Park. The total project cost is estimated at $340,000. Town and Country has 12 employees. This project will have a first mortgage and a second mortgage. The property is zoned Office which is correct. Resolution 81-179 is included for your consideration. JDFsbw 9/11/81 • 2160 t • CITY OF EDEN PRAIRIE, MINNESOTA Application for Industrial Development Bond Project Financing 1. APPLICANT: Town & Country Claim Service, Inc. . a. Business Name - Same . _ b. Business Address - 4660 W. 77th Street Edina, MN 55435 c. Business Form (corporation, partnership, sole proprietor- ship, etc.) - Corporation d. State of Incorporation organization - Minnesota ( e. Authorized Representative - Mr. Jim Norris, President f. Phone - 831-7080 2. NAME(S) AND ADDRESSES OF MAJOR STOCF;HOLDERS OR PRINCIPALS: a. James D. Morris President, 40% Stockholder b. Daniel A. Nelson Vice President, 20% Stockholder c. Mace E. Plummer Vice President, 20% Stockholder -1- 2151 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC: This firm is engaged primarily in independent insurance adjusters for all types of casualty and other insurance. • 4. 'DESCRIPTION OF PROJECT a. Location and intended use: Lake Ridge Office Park, Bryant Lake Center, Eden Prairie, Minnesota. Intended use: Corporate Headquarters for Town & Country Claim Services Inc. b. Present ownership of project site: Mr,. Wallace H. Busted c. Names and address of architect, engineer, and general contractor: General Contractor: Architect: En9inCer: _aters, Cluts. and O'Brien sat1 re Derquist Ryan nrv-lopmerieInc. 2265 Edina Industrial 'Blvd. 935 E. Wayzata Blvd. Box 59R Edina, Minnesota 55435 tlayzata, MN 55391 Grand Rapids, MN 55744 5. F.ST1rtATlD r)to.tVC reatir FOR: tM 10,200.. ConsLand 306.700 Construct inn Cant rnr•t.s - — Equipi:.a•nt %.,•,iui::iticrn and inr,tallntion• Architectural and Engineering _included 1c 0 - .. Legal _-.. . inttcrest dur.t ncr Construction _...... ..-_ .._--- Bond Pe scr•ye - --3,255-'- — _ Continge,ir9cs --4 '-"-� - Lean Fees - ---- • Other -.-_-.__. . Total S_3aa.,00O ......... - •Pleating and air conditioning should be included as building costs. indicate the kind of equipment to be acquired here. a t: - -0.f n + ("a • -2- 2152- • 6. BOND ISSUE • • ( a. Amount of proposed bond issue - $306,000.00 • • b. Proposed date of sale of bond - December 1981 • c. Length of bond issue and proposed maturities - 15 years based upon a 30-year amortization schedule. d. Proposed original purchaser of bonds - First Federal Savings & Loan of Grand Rapids - $255,000.00.-4.' rri Ryan Development, Inc. .- $51,000.00 cr.,! �.t ; L• +• e. Name and address of suggested trustee - N/A f. Copy of any agreement between Applicant and original purchaser - N/IL g. Describe aiy interim financing sought or available - Construction financing to be provided by First Bank of Minneapolis. h. Describe nature and amount of any permanent financing in addition to bond financing - Additional permanent financing will be in the form of equity contribution. • 7. BUSINESS PROFILE - • a: Are you located in the City of Eden Prairie? No N. Number of employees in Eden Prairie? i. Before this project: One (1) . -3- 2153 • ii. After this project? 12 at project • • ( c. Approximate annual sales - 6750,000 total billing • - d. Length of time in business 24 years • ' in Eden Prairie None • e. Do you have plants in other locations? If so, where? • No • f. Are you engaged in international trade? No 8. OTHER INDUSTRIAL DEVELOPMENT PROJECT(S): j( a. List the name(s) and location(s) of other industrial development project(s) in which the Applicant is the owner or a "substantial user" of the facilities or a "releated person" within the meaning of Section 103(b) (6) of the Internal Revenue Code. None • • -4- • zI • • • b. List all cities in which the Applicant has requested industrial revenue development financing. • None • • • c. Detail the status of any request the Applicant has before any other city for industrial.development revenue financing. • None • d. List any city in which the Applicant has been refused industrial development revenue financing. None • • e. List any city (and the project name) where the Applicant has acquired preliminary approval to proceed but in which final approval authorizing the financing has been denied. None • -S- 2155 • f. If Applicant has been denied industrial development revenue financing in any other city as identified in (d) ,or (e), specify the reason(s) for the denial ( and the name(s) of appropriate city officials who have knowledge of,the transaction. No • • 9. NAMES AND ADDRESS OF: • • a. Underwriter (If public offering) - N/A b. Private Placement Purchaser (If private placement) First Federal Savings & Loan Association of Grand Rapids. i. If lender will not commit until City has passed its preliminary resolution approving the project, submit a letter from proposed lender that it has ar. interest in the offering subject to appropriate City approval and approval of the Commissioner of Securities. • • • b. Bond Counsel - Dorsey, Windhorst, Hannaford, Whitney & Balladay Pillsbury Center, Minneapolis,MN 55402 ( c. Corporate Counsel - Brian Salem 1209 Geneva Avenue North • St..Paul, MN 55119 d. Accountant. - Raymond D. Anderson, CPA • 7625 Metro Boulevard Edina, MN 55435 • 10. WHAT IS YOUR TARGET DATE FOR: a. Construction start - September 15, 1981 b. Construction completion - December, 1981 FOR FURTHER INFORMATION CONTACT: The undersigned Applicant understands that the approval or disapproval by the City of Eden Prairie for Industrial Development bond financing does not expressly or impliedly constitute any approval, variance, or waiver of any provision or requirement relating to any zoning, building, or other rule or ordinance of the City of Eden Prairie, or any other law applicable to the property included in this project. Applicant • /..z /'/7 -7- 215,E 11. ZONING -• TO BE COMPLETED DY THE CITY PLANNING DEPARTMENT , CIV 1 �. a. Property is coned - • b. Present zoning is) (is not) correct for the intended use. c. Zoning application received on for • ' which is correct for the intended use. • • d. Variances required - • y Planner „LLo4.' v • • • • -8- • After all persons who wished to do so had stated their views on the proposal, the Mayor declared the hearing to • be closed. After some discussion, Councilmember • • •introduced the following resolution and (after it had been read in full) (after the reading of the resolution was dispensed with by unanimous consent) moved its adoption: RESOLUTION NO. 3 I-1 97 RESOLUTION RELATING TO THE AUTHORIZA- TION AND ISSUANCE OF REVENUE BONDS OF • THE CITY UNDER MINNESOTA STATUTES, CHAPTER 474, FOR THE PURPOSE OF FINANC- ING A PROJECT THEREUNDER; GIVING PRELIM- INARY APPROVAL TO THE PROJECT AND AUTHOR- IZING AN APPLICATION BY THE CITY TO THE MINNESOTA COMMISSIONER OF SECURITIES AND REAL ESTATE BE IT RESOLVED by the City Council (the Council) • of the City of Eden Prairie, Hennepin County, Minnesota (the City), as follows: Section 1. Recitals. 1.01. The Legislature of the State of Minnesota in Minnesota Statutes, Chapter 474, as amended (the Act), has found and declared that the welfare of the State requires active promotion, attraction, encouragement and development of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment; has authorized municipalities to issue revenue bonds to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement and betterment of projects, including any properties, real or personal, used or useful in connection with a revenue producing enterprise engaged in any business; and has authorized municipalities to enter into "revenue • agreements", as defined in the Act, with any person, firm, or public or private corporation or federal or state governmental subdivision or agency (the Contracting Party) providing for the payment by the Contracting Party of amounts sufficient to provide for the prompt payment of principal of and interest on the revenue bonds. • 2159 1.02. It has been proposed that the City issue its revenue bonds, pursuant to the authority granted by the Act, in an aggregate principal amount not to exceed '- $306,000, or such lesser amount as may be necessary, to • finance costs of acquisition of land within the City and construction and equipping thereon of one or more buildings (the Project) to be owned and oPerated by Town & • Country Claim Service, Inc., a Minnesota corporation (the • Corporation), to be used as corporate headquarters for the Corporation; and to make the proceeds of such sale available to the Corporation. The Corporation will agree to pay the City amounts sufficient to pay promptly the principal of and interest on the revenue bonds, and will - - agree to cause the Project to be completed. The Project is presently estimated to cost approximately $306,000. 1.03. The City has been advised that • conventional, commercial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that the scope of the Project or the economic feasibility of operating the Project would be significantly reduced, but that with the aid of municipal financing, and its resulting low borrowing costs, the Project can be constructed as designed and its operation is economically more feasible. { Section 2. Public Hearing. 2.01. As required by Section 474.01, Subdivision 7b, of the Act, this Council, pursuant to a motion passed on , 1981, called and held a public hearing on the proposal to undertake and finance the Project. Notice of the time and place of the hearing, and stating the general nature of the Project and an estimate of the principal amount of bonds to be issued to finance the Project, was published at least once not less than fifteen (15) days nor more than thirty (30) days prior to the date fixed for the hearing, in the official newspaper of the City and a newspaper of general circulation of the City. A draft copy of the proposed application to the Minnesota Commissioner of Securities and Real Estate, together with all attachments and exhibits thereto, was available for public inspection following the publication of such notice at the place and times set forth in the notice. • 2.02. All parties who appeared at the public hearing were given an opportunity to express their views with respect to the proposal to undertake and finance the Project. This Council has heard and considered the views • • 21L0 1 expressed at the public hearing and the information submitted to the City by the Corporation. Section 3. Approvals and Authorizations. 3.01. On the basis of information given the City to date, and the views expressed at the public hearing, it is found and determined that the Project furthers the • purposes stated in Section 474.01 of the Act, and that it would be in the best interest of the City to issue its industrial development revenue bonds under the provisions of the Act to finance costs of the Project in an amount not to exceed $306;000 (the Bonds). 3.02. The Project is hereby given preliminary approval by the City and the issuance of the Bonds for such purpose approved. The Bonds shall not be issued • until the Project has been approved by the Commissioner of Securities and Real Estate, as provided by the Act, and until the City and the Corporation have agreed upon the •details of the Bonds and provisions for their payment. 3.03. If the Bonds are issued and sold, the City will enter into a lease, mortgage, direct or installment sale contract, loan agreement, take or pay or similar agreement, secured or unsecured, satisfying the requirements of the Act (the Revenue Agreement) with the Corporation. The amounts payable by the Corporation to the City under the Revenue Agreement will be sufficient to pay the principal, interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable. 3.04. The Corporation has agreed to pay directly or through the City any and all costs incurred by the City in connection with the Project whether or not the Project is approved by the Commissioner of Securities and Real Estate; whether or not the Project is carried to completion; and whether or not the Bonds or Revenue Agreement and all other operative instruments are executed. 3.05. The adoption of this resolution does not constitute a guarantee or a firm commitment that the City will issue the Bonds as requested by the Corporation. The City retains the right in its sole discretion to withdraw • from participation and accordingly not issue the Bonds should the City at any time prior to the issuance thereof y. determine that it is in the best interest of the City not to issue the Bonds or should the City, Corporation and any other parties to the transaction be unable to reach • Z 9 210 agreement as to the terms and conditions of any of the documents required for the transaction. 3.06. In accordance with the Act, the Mayor and City Clerk are hereby authorized and directed to submit the proposal for the Project to the Minnesota Commissioner of Securities and Real Estate for her approval of the Project. The Mayor, City Clerk, City Attorney and other officers, employees and agents of the City, in conjunction 'with Dorsey, Windhorst, Hannaford, Whitney & Halladay, Bond Counsel to the City, are hereby authorized to provide • • the Commissioner with any preliminary information she may need for this purpose, and the City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project. 3.07.E The City will cause the Corporation to. • • comply with all of the provisions of the Act, including Section 474.01, Subdivision 8, thereof, in the issuance of the Bonds and the financing of the Project. 3.08. All commitments of the City expressed herein are subject to the condition that within twelve months of the date of adoption of this resolution, the City and the Corporation shall have agreed to mutually acceptable terms and conditions of the Revenue Agreement, the Bonds and of the other instruments and proceedings relating to the Bonds and their issuance and sale. If the events set forth herein do not take place within the time set forth above, or any extension thereof, and the Bonds are not sold within such time, this resolution shall expire and be of no further effect. Section 4. Special Obligations. In all events, it is understood, however, that the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the Project, if it becomes the property of the City, and from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the City. Section 5. Effective Date. • • This resolution shall be effective immediately upon its final adoption. PASSED AND FINALLY ADOPTED by the City Council of the City of Eden Prairie, this day of , 1981. 21C2 • • The motion for the adoption of the foregoing resolution was seconded by Councilmember and, upon vote being taken thereon, the following voted in • favor thereof: • and the following voted against the same: whereupon said resolution was declared duly passed and• finally adopted. (' • • • • • • ZiL3 • September 15, 1981 STATE OF MINNESOTA CITY OF EDEN PRAIRIE . CO( -Y OF IIENNEPIN • The following accounts were audited and allowed as follows: 8269 VOID OUT CHECK • $ (35,638.0. 8274 ' HOPKINS POSTMASTER Postage 443.1 . 8275 IIiE CONTINENTAL PACKAGING CO. Liquor 1,401.2( 8276 GRIGGS, COOPER & CO., INC. Liquor 4,766.6: 8277 MIDWEST WINE CO. Wine 88.82 8278' OLD PEORIA COMPANY, INC. Wine 5,037.4 8279 JOHNSON BROTHERS WHOLESALE Liquor 851.2. 8280 TWIN CITY WINE CO. Wine 865.5' 8281 ED. PHILLIPS & SONS Liquor 1,872.6'• 8282 CAPITOL CITY DISTRIBUTING Wine 897.5:' 8283 VOID OUT CHECK 8284 HOPKINS POSTMASTER Postage 32.3'! 8285 JORDAHL CONSTRUCTION CO. Service-Eden Prairie Community Center 27,628.0.' 8286 EARL R. MORE & HELEN MORE Land-Historical Home 14,500.0 8287 PRAIRIE VILLAGE MALL ASSOC. Rent-Liquor Store/Prairie Village Mall 2,063.5` 8288 THE BROTHERS Expense 63.5 8289 INTERNATIONAL ASSN. OF ARSON Fee-Fire Dept. 40.0(' 8290 MENARDS Lumber-Liquor Store/Preserve 212.11 8291 ST. PAUL POLICE DEPT Seminar-Canine Unit 250.0(' 8202 INTERNATIONAL CITY MANAGEMENT Book-City Manager 12.5C 8t HOPKINS POSTMASTER Postage-Utility bills 211.31 8294 U.S. POSTMASTER Postage-Public Safety 270.0, 8295 INTERCONTINENTAL PACKAGING Liquor 1,072.9' 8296 JOHNSON BROTHERS WHOLESALE Wine 2,850.7,. 8297 ED. PHILLIPS & SONS CO. Liquor 4,075.2". 8298 SUPPLEE'S 7 HI ENTERPRISES Rent-Liquor Store/Preserve 2,914.0. . 8299 TWIN CITY WINE CO. Wine 1,243.7. ' 8300 MIDWEST WINE CD. Wine 1,164.5 8301 PAUSTIS & SONS Wine 114.2, 8302 GRIGGS, COOPER & CO., INC. Liquor 4,185.5. 8303 OLD PEORIA COMPANY, INC: Liquor 2,989.1, . 8304 ACTION REDDY RENTS Equipment rental-Water Dept. 30.0, 1 8305 ADAMS SUPPLY CO. Sign posts-Street Dept. 183.7; 8306 AMERICAN LINEN SUPPLY CO. Service 8.4E 8307 AMERICAN NATIONAL BANK & TRUST Service 226.7 8308 EARL F. ANDERSEN & ASSOC. Frames-Players bench, street signs 1,975.; 8309 ASSOCIATED ASPHALT, INC. Blacktop 17,845.', 8310 ASSOCIATED WELL DRILLERS, INC. Drill well-Round Lake Park, Service-8920 Cty 6,490.!• Road 18 8311 ASTLEFORD EQUIPMENT CO., INC. Equipment repair & parts 7.6, 8312 AUTO LOCK Equipment repair & parts 35.0 8313 AUTO MACHINE & SUPPLY CO. Equipment repair & parts 41./1' 8314 D.S.N. CORP. Tennis nets-Middle School 601./ 8315 BLACK & VEATCH • Service-Water Treatment Plant 5,454.( P-'6 BRAUN ENGINEERING TESTING Service-Schooner Blvd., West 70th Street, Cty 2,275... Road 1 of Bennett Place, Homeward Hills J4 Sunny Roads, Rymerland Christie Lane, Luther Way, Tennis Courts Forest Hills Elementary School 8317 BUTCH'S BAR SUPPLY Supplies-Liquor Stores 193•','' 8318 BICYCLE FEDERATION Book-Community Services 22.0 21(,(4 1 • Page two September 15, 1981 8319 CASH REGISTER SALES, INC. Supplies-Liquor Store/Prairie Village Mall 294.1' 8320 'CHANHASSEN AUTO PARTS Equipment repairs & parts 944.0 8321 CHAPIN PUBLISHING COMPANY Legal Ads 197.6, 8322 CLUTCH & TRANSMISSION SERVICE Equipment repair & parts 408.8 8323 CLUTCH & U-JOINT BURNSVILLE Equipment repair & parts 5.9' 8324 'COLUMBIA.TRANSIT CORP Service-Senior Citizens Center 91.8, 8325 COMMISSIONER OF EMPLOYEE Fee-Payroll 82.41 8326. COMPUTER ELECTION SYSTEMS Supplies-Election 47.0, 8327 COPY EQUIPMENT INC. • Tape-Community Services, Supplies-Engineering 163.7: 8328 CROWN ^LIBBER STAMP CO. Engraved plates-City Hall 14.5' 8329 CUTLER-MAGNER COMPANY Quicklime-Water Dept. 2,884.0' 8330 ALBERT W. DAY Softball official 176.0' 8331' LINC DETER Instructor-Rec Dept. 60.7' 8332 E.UGENE DIETZ Expenses 150.0. 8333" DORHOLT PRINTING Office supplies 64.6' 8334 EDEN PRAIRIE CHAMBER OF COMMERCE Service 165.0' 8335 EDEN PRAIRIE SANITATION CO. Service 90.0, 8336 EDEN PRAIRIE SCHOOL DISTRICT Bus service-Rec Dept, Custodial service 3,174.7' 8337 CITY OF EDINA Tests 64.0' 8338 ESS BROTHERS & SONS INC. Grate-Street Dept. 54.0. 8339 FABRI-GRAPHICS Supplies-Rec Dept. 71.0 8340 FEED-RITE CONTROLS INC. Ferric Sulfate-Water Dept. 2,902.0 87" FLEET MAINTENANCE INC. Filter-Street Dept. 41.5,. 8... FLYING CLOUD OIL CO. Fuel-Street Dept. 3,387.0: 8343 FLYING CLOUD SANITARY LANDFILL Service-Forestry Dept. 109.0, 8344 FRANK'S NURSERY SALES, INC. Supplies-Community Service 39.6. 8345 FRONTIER LUMBER & HARDWARE Lumber-Park Dept. • 47.1 8346 G.L. CONTRACTING, INC. Service-Windwood Circle 372.6. 8347 JOHN A. GORDON Refund-Utility bill 6.7' 8348 R. L. GOULD & CD., INC. Equipment parts-Street Dept. 207.? 8349 GROSS INDUSTRIAL SERVICES Service 102.1, 8350 JEFF GULDEN Refund-Utility bill 23.4." 8351 JACK HACKING Expenses 29.2,` 8352 HENNEPIN COUNTY DIRECTOR Equipment rental-Forestry Dept. 3,903.3 8353 HENNEPIN COUNTY TREASURER 1 section copies-Engineering Dept. 126.5 8354 HENNEPIN CDUNTY TREASURER Oxygen-Street Dept. 52.8 8355 HONEYWELL PROTECTION SERVICES Service-Liquor Store/Preserve 249.0: 8356 HOPKINS DODGE SALES, INC. Equipment repairs & parts 100.0 8357 HOPKINS PARTS CO. Equipment parts 298.E. 8358 I A A 0 800k-Assessing Dept 6.0 B359 I B M Supplies-Water Dept. 34.2 8360 INGRAM EXCAVATING Haul Rock-Park Dept. 3,829.0 8361 INSTY-PRINTS Printing-Senior Citizens Center 98.', 8362 J & R RADIATOR CORP. Equipment repair & parts 35.0 8363 KARULF HARDWARE INC. 8atteries, circuit breaker, light switch, wire, 485.( paint, concrete-Public Works, keys, padlocks, screws, twine, chain, locks, tubing, plexaglass, clamps, rods, blades, pipe-Park Dept., paint, batteries, pipe, caulk, brush, corks, key rings, mirror-Water Dept., bulbs, door bell-Liquor Store 8364 KLEVE FIEATING & AIR Equipment repair & parts 1,109.E 8365 KNOX Lumber-Community Services 33.7. 8366 VOID OUT CHECK 2.1,6. Page three September 15, 1981 1 8367 LANDCO EQUIPMENT, INC. Equipment parts-Park Dept. 33.0 8368 . LANG, PAULY & GREGERSON, LTD. Legal Service 8,208.5: 8369 LEEF BROTHERS INC. Service 162.2; 8370 LONG LAKE FORD TRACTOR Equipment parts-Park Dept. 76.5 8371 ' M M INDUSTRIES, INC. Powder car wash-Street Dept. 225.G; 8372 •MACQUEEN EQUIPMENT, INC. Equipment parts-Street Dept. 439.0' 8373 MATT'S AUTO SERVICE, INC. Towing Service 70.0, 8374 METRO FONE COMMUNICATIONS, INC. Service 16.3' 8375: METIWD PRINTING INC • Forms-Community Services 10.0: 8376 METROPOLITAN CLINIC OF COUNSEL' Service 322.0; 8377 METROPOLITAN WASTE CONTROL October Sewer Service 40,314.0 8378 MIDWEST ASPHALT CORPORATION Blacktop 270.3. 8379 MINNESDTA GAS COMPANY Service 33.11 8380 MINNESOTA M F 0 A Dues-Finance Dept. 10.00. 83B1 MRPA TEAM REGISTRATION Fee-Rec Dept. 56 Or' 8382 MINNESOTA TORO, INC. Equipment parts 11.3. 8383 MODERN TIRE CO. ' '" Equipment repair & parts-Street Dept. 604.1 8384 RICHARD MUNSON Refund-Utility bill 27.9c 8385 TOM NAPIER Wages-Teen Volunteer Program 18.0:- 83B6 N S P Service 890.' ' 8367 N W BELL TELEPHONE Service 2,504.0 8388 N W NATIONAL BANK OF MPLS. Bond payment 175,60B.9 8389 NORTHWOOD GAS CO., INC. Service 15.0. 8( W.G. PEARSON, INC. Sand 64.7:: 8391 PENN AUTO PLAZA AMC/JEEP Equipment repair & parts 61.7 8392 RALPH PEREZ Softball official 231.0c 8393 POMMER MFG. CO., INC. Supplies-Rec Dept. 65.2L, 8394 PREMIER RENT-A-CAR Car rental-Day Camp 142.1, 8395 CHUCK PUFAHL Softball official 264.0: 8396 REGISTER MEDIA, INC. Ads-Liquor Stores 59.0.` 8397 R C M Service-Schooner Blvd, Industrial Road 35,547.2E Utilities, Valley View Road Pedestrain Bridges, Valley View Road, Franlo Road & Preserve Blvd . Utilities, Shady Oak Ext, 70th Street Improvements, Cardinal Creek Estates, Norseman Ind. Park 4th Addition, Meadow Park, Cardinal Creek Phase II, • Rymarland Camp 2nd addition, Lake Idlewild Drainage Sunset Trails Estates Utilities, Valley Place Offices Improvements 8398 RIDGE DOOR SALES COMPANY Building repair-Fire Station 52•r'' 8399 JOHN RONHOVDE Refund-Building Dept. 87.!, 84D0 ST. REGIS PAPER COMPANY Posts-Public Works 629.ft 8401 WAYNE SANDERS Fee-Building Dept. 10.0. 8402 SATELLITE INDUSTRIES INC. Portable restrooms 658.6, 8403 KATHY SCHUMACIIER RN Tests 75.0 8404 SEELYE PLASTICS, INC. Pipe-Water Dept. 155.7 8405 SMILEY GLOTTER ASSOCIATES Service-Eden Prairie Community Center 1,377. ' 8fin6 .W. GOROON SMITH CO. Fuel, oils & lubricants 197. . t. .7 STANDARD SPRING COMPANY Equipment parts-Street Dept. 65.'0.. 8408 SUBURBAN AUTD ELECTRIC, INC. Equipment repair & parts 48.e: 8409 SUPPLEE ENTERPRISES, INC. Supplies-Liquor Store/Preserve 25.;" 8410 TARGET Supplies-Day Camp 38.1. B411 LOWELL THONE Fee-Building Dept. 10.O0 21`l. Page four • Si( ember 15, 1981 8412 • TOWNS EDGE FORD, INC. Equipment repair & parts 42.5!' 8413 VOID OUT CHECK 8414 TRI-STATE TREE SERVICE, INC. Service-Forestry Dept. 700.0'' 8415 ' TRAVIS ROCK & SAND Rock-Senior Center 409.L. 8416 •TWIN CITY TESTING Tests-Water Dept. 31.7:, 8417. TYPE HOUSE + DURAGRAPH Supplies-Community Service 9.7L' 8418 UNITED LABORATORIES Cleaning supplies-Water Dept. 85.4: 8419' UNITED STORES , Tarp-Day Camp 14.9: 84a VOID OUT CHECK 8421 VAN WATERS & ROGERS Chlorine-Water Dept. 334.3', 8422 VAUGHN'S Flag-Council Chambers 46.7' 8423 WATER PRODUCTS COMPANY Wire; Lead seal press, ext kit-Water Dept. 2,138.9 8424 WEST WELD SUPPLY COMPANY Welding rods-Street Dept. 141.3 8425- WOODSMEN BUILDERS OF MINNESDTA Refund-Contractors license 15.0: 8426 ZIEGLER INC. Equipment repair & parts 28.17 8427- CHEMLAI•JN-FLOWER BULB OFFER Bulbs-Park Dept. 29.9: 8428 JACK HACKING Expenses 7.0r 8429 RAPID COPY, INCORPORATED ID Cards-City Hall 175.0 ' 8430 ROBERTS DRUG Supplies-Rec Dept. 23.07 8431 UNION OIL COMPANY OF CALIF. Oil-Street Dept. 786.0 8432 FEDERAL RESERVE BANK Payroll 16,725.1: 8413 COMMISSIONER OF REVENUE Payroll 5,801.11 ; 8( , DON OMODT, HENNEPIN CTY SHERIFF Payroll _ 113.4:. 8435 AETNA LIFE INSURANCE & ANNUITY Payroll 165.0'1 8436 UNITED WAY OF MINNEAPOLIS Payroll 46.9i ' 8437 INTERNATIONAL UNION Dues 300.0, 8438 PERA Payroll 11,282.1r. 8439 BRYAN ROCK PRODUCTS, INC. Rock 5,832.4:: 8440 KRAEMER'S HOME CENTER Tarps, gas can-Water Dept. 117.9 8441 PAUL ROGERS Discing-Starring Lake 127.5: 8442 BEER WHOLESALERS Beer 5,746.21 8443 CITY CLUB DISTRIBUTING CO. Beer 3,435.67 . 8444 COCA-COLA BOTTLING MIDWEST Mix 782.1. • 8445 DAY DISTRIBUTING CO. Beer 3,898.1: 8446 EAST SIDE BEVERAGE CD. Beer 9,952.1 8447 GOLD MEDAL BEVERAGE CO. Mix 118.'2: 8448 KIRSCH DIST CO. Beer 429.9 8449 A. J. OGLE DISTRIBUTING CO. Beer 1,941.4' 8450 PEPSI COLA/7 UP BOTTLING CO. Mix 641.1' 8451 THORPE DISTRIBUTING CO. Beer 10,917.1' ' 8452 BROWN & CRIS, INC. Service-Cardinal Creek 2nd Addition 13,681.'1 8453 BROWN & CRIS, INC. Service-Rymarland Camp 2nd Addition 12,872.1, 8454 HENNEN CONSTRUCTION CO. Service-San. Sewer, Storm Sewer, Watermain 12,317.11 8455 KENKO, INC. Service-Luther Way & Meadow Lane, Round Lake 9,484.1.: Park 8456 THOMAS MONTGOMERY CONST. Service-Bennett Place 84,308.:, P"c7 NORTIIDALE CONSTRUCTION CO. Service-West 70th Street Utilities 7,315.0. L..,8 PROGRESSIVE CONTRACTORS, INC. Service-Valley View Road Phase II 289,815.1' 8459 PROGRESSIVE CONTRACTORS, INC. Service-Valley View Road 27,612.,, 8460 BARCAROSSA & SONS, INC. Service-Water Treatment Plant Addition 120,996. 8461 EGAN-MCKAY Service-Anderson Lakes Parkway at T.H. 169 500.0 Page five September 15, 1981 842 A & K CONSTRUCTION, INC. Service-Water Supply Wells 4, 5 & 6 22,057 1 8463 ASPHALT PAVING MATERIALS INC. Service-Eden Road 27,407.5 1 8464 'NORTHERN STATES POWER CO. Service 2,932.2' 8465 SOUTHWEST SUBURBAN PUBLISHING Legal ads 677.3. TOTAL $1,093,873 • • • • • • 2IC8 4., L. 1 • MEMO TO: Mayor and City Council .` FROM: Jean Johnson, Assistant Planner • THROUGH: Chris Enger, Director of Planning DATE: ' September 11, 1981 • RE: ALPINE ESTATES 2ND ADDITION Extension Request • • On August 7, 1979 Mr. Gagner received approval of a preliminary plat, (attached), and entered into an agreement part of which stated: "V. If Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof and provide proof of filing in accordance with item VI hereof, no building permits shall be issued on Block 1 and 2, described in Exhibit B." The 24 months has lapsed and Mr. Gagner desires to request an extension so that permits may be issued. 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' 1.''' -...':.'4:!;;••Nb°.1‘c.\1.N':' ,,•• . ..- 1 _.... . „.) •• ......,,..., - ....., • .• -,.....,....:;\,,. 7„,.. _ •I li l• ..4.,(4,.;•,.... ..‘..„.: ...\,,,.. • Iskt_______;:___ .. ......_.....7,... i [..._ ..,t,,, r-...‘ , Ir.. ....,1/4„.. — /8' --,,..• \ .„,... • _E ., ----,--,.. , .„,--,f.., I ; 1 .,..• , , . , ,,,...... _..........„ s, — _-_,....-- -_,•,--\--,,,,N,; . , ,F,\. ...-1 i g I x ,. 2.•-„...., --- N.' ..i- : ro...1 •• 4) P i'•4 I ' - •-7//'7/z l',?'!1,..4Z>'----.--.------'-'------'----7---.-------'`.-..—,...2'N•AV.'4,Nz‘\ ‘ • . . .1 f e,"' • 'N 1. . . - ---..'''''• i• \N. i'l'' !"\ .L''''•::. •• • F.• . . _ • . . X/ --7 '.-I.\:**1 ‘1 ° 7/(),i11/1/A,,,\P . 1 t. . • • n . . 1 II . . ' • , --I n . II IIIII\.t “11‘l•VAV\ •V f- I • A AA il. !If I ( A .. "W . .!.. ..' ..:s : : . .g 7 ?a 2 - 1\. L,,- • :\_y f.... ' 1 •nr, 0 • ,.... \ \ . .1 • 1. s..„....,..-,,..<41,....„-„,-. ......,,,‘,., : ..1 . ......e.,„, . ...„... ., - • . 1.<51.. --'•-••••••.1.• • 71)./f/z//‘•'• . I z . , • .- • • ••• ) ,,',4%/ N' 0 /v„,-....h„ •••• • , .. . : ..7 \ .; •_-,.........., ,,• ,•:, ,. , 0 „ . ,, . •..i.: - A / ; . ...._ . • ti' (it(' ............._ 210 --- . . ' E Tim Gagner 6850 Alpine Trail Eden Prairie, MN 55344 • Home #937-1025 Work i933-2575 . ' September 9, 1981 City Council of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 ATTN: Jean Johnson This is in reference to Item VI of the Developer's Agreement entered into between the City and myself dated August 7, 1979. Due to high interest rates and a slowdown in building and lot sales, I would like to request a 24 month extension on the above mentioned Developers Agreement. If the City Council can not give me the full 24 months, I could try to complete the development within 18 months. Thank you for your concern in this matter and if you have any questions, please feel free to contact me. Sincerely, Tim Gagner TG/pl 217( L MEMO `: A' t ( I, TO: Mayor and City Council I FROM: Chris Enger, Director of Planning THROUGH: Carl Oullie, City Manager j DATE: September 11, 1981 is RE: City Services; Options for Development The staff and the consultant architect have completed site evaluations'for the location for City Services. 1 The sites which have been evaluated are: 1) A site et Co. Rd. 4 surrounding existing City Hall. 1 2) A site at Mitchell Road and TH 5, currently the location of the Fire Station, Public Works, Public Safety, and the Water Plant. 3) A site for the Public Safety 8uilding adjacent to the West 78th St. Fire Station. , Early in the Sunnier the consultant architect presented these possible 1 ( sites to the Council and the Mitchell Road site was selected to be I studied further with some additional land. This became site option #4. F 4) A site west of Mitchell Road and south of TH 5, for Public Safety/ City Hall. The staff and the consultant architect have done more detailed site planning work for the existing site at Mitchell Road, with additional land to be #; acquired west of Mitchell Road. This site plan would allow for expansion of the existing Public Works function at their current location, moving the Park and Recreation garage back to this site, construction of a new Public Safety building at the same location they are now located at, and the construction or provision for City Hall on the west side of Mitchell Road with Public Safety. 1 All City functions could be consolidated at the exact demographic and geographic center of the Community. The location would allow the City to build a good community image for these services. Options for development of these facilities at the Mitchell Road site are i' as follows: a • f, • C / 7.,1 Memo-City Services ''' page 2 7, „ Option No. 1: A. Public Safety Building'(vith shooting range and maintenance garage to be added in the future), and shell only of the conference/classroom and exer- cise room. B. Park and Recreation and Public Works facilities as in the revised program dated September 3, 19B1. TOTAL PROJECT COST: $2,686,639.00 Option No. 2: A. Public Safety Building as programmed June 15, 19B1. (with shooting range, additional maintenance garage, and furnished exercise and conference roan) TOTAL PROJECT COST: $1,693,746.00 Option No. 3: A. Public Safety Building with shooting range and maintenance garage to be added in the future), and shell only of the conference/classroom and exer- cise room. B. City Hall of 15,000 sq. ft. TOTAL PROJECT COST: $2,529,746.00 Option No. 4: A. Public Safety Building Pith shooting range and maintenance garage to be added in the future), and shell only of the conference/classroom and exer- cise room. B. Park and Recreation and Public Works facilities as in the revised program dated September 3, 19B1. C. City Hall of 15,000 sq. ft. TOTAL PROJECT COST: $4,186,206.00 COST ANALYSIS Buiding Costs: These include general construction costs, all mechanical and electrical work within the buildings, and fixed equipment. Site Development Costs related to grading, parking lots, and roadways and Costs: other landscaping. Furnishings: An estimated cost of the additional furnishings required such as chairs, desks, tables, etc. - reuse of existing furniture is assumed. Land Costs: Costs related to the purchase of the two parcels-of land west of Mitchell Road. Not included in these esti- mates. • Memo-City Services `' page 3 4;/ • t Additional Pro= Approximately 20% of the building and site cost for site ject Expenses: surveys, soil tests, architect's fees, attorney's fees, printing, escalation, and a 5% building contingency. Option No. 1 Public Safety $1,047,122.00 Park and Recreation 438,002.00 Public Works 375,515.00 Site Development 346,000.00 Furnishings 40,000.00 Additional Project Expenses 450,328.00 Total $2,686,639.00 Option No. 2 Public Safety $1,282,122.00 Site Development 96,000.00 Furnishings 40,000.00 Additional Project Expenses 275,624.00 Total $1,693,746.00 Option No. 3 Public Safety $1,047,122.00 City Hall 930,000.00 Site Development 131,000.00 Additional Project Expenses 421,624.00 Total $2,529,746.00 Option No. 4 Public Safety $1,047,122.D0 City Hall 930,000.00 Park and Recreation 438,002.00 Public Works 375,515.OD Site Development 381,200.00 Furnishings 80,000:OD Additional Project Expenses 634,367.00 Total $4,186,206.D0 The mills necessary for each option: 2 million - 1.429 mills 3 million - 2.143 mills 4 million - Z.858 mills The effect on a 4100,0D0 home for each 2 million - $33/year option: 3 million - $50/vear 4 million - $66/year We will have a model and drawings of each option to present Tuesday night. RECOMMENDATIONS The Staff would recommend Option 1 (Public Safety, Park 8 Recreation, and Public Works) to the Council. We would suggest that you set bond issue date of November 17, 1981 and instruct the staff and consultant architect to prepare the appropriate material and program for sale of that bond issue. CE:ss 1409 Willow sleet Memorandum Minneapolis.Minnesola 55403 612/871 7979 .+ w.l Copies sent: Carl Jullie �..k� Chris Enger Bob Lambert Gene Detz Jack Hacking )ierDesign Inc. DATE: Thursday,September 3, 1981 TO: Files FROM: Robert Lambert,InterDesign Inc. RE: Eden Prairie City Services Meeting at Eden Prairie— Design Options for the Bond Election. Present: Chris Enger,Bob Lambert (Eden Prairie); Gene Iltz (Director of Public Works at Eden Prairie);and Bob Lambert (InterDesign Inc.). The Eden Prairie Council members reviewed a site plan and model of the Mitchell Road site. The Public Safety Building and the City Hall were located west of Mitchell Road and the Park and Recreation and Public Service structures located on the City-owned property east of Mitchell Road. This site was approved as the project site. • The consultants were asked to present options at the September 15 council meeting for reducing the total project cost from$5,000,000 to less than$3,000,000. The following options were discussed with the Eden Prairie staff. All are to cost under $3,000,000: Option 1. Public Safety Building with shooting range and maintenance garage to be added in the future. Scaled-down Park and Recreation and Public Works facilities. Option 2: Public Safety Building only as programmed,June 15,1981. Option 3: Public Safety Building as programmed June 15,1981,and a new City Hall. The Park and Recreation and Public Works programs were reviewed and revised(see attached). The consultants were asked to review the site development costs to find additional cost savings. The following suggestions were made by the Eden Prairie staff: — When Mitchell Road is lowered,there will be excess cut that could be used for surcharging,berming,and filling where called for on the site development drawings. — Parking can be reduced from the 154 spaces. — The planting and walkways around the buildings can be reduced. — The outside storage area grading and surfacing may be reduced. 4s $[ PUBLIC WORKS DEPARTMENT — EDEN PRAIRIE CITY.SERVICES ( SPACE SUMMARY REVISED SEPTEMBER 3,1981 WITH EDEN PRAIRIE STAFF PAGE NAME AREA IN SOUARE FEET 1 ENCLOSED VEHICLE STORAGE GARAGE 4,865 2 MAINTENANCE GARAGE 3,135 3 TOOL CRIB 400 4 EOUIPMENT ROOM 100 5 BULK STORAGE Omit 6 MENS LOCKER AND TOILET ROOM 300 7 WOMEN'S LOCKER AND TOILET ROOM 80 B CUSTODIAN 15 9 SUPERINTENDENTS OFFICE 110 10 GENERAL OFFICE 375 11 LUNCHROOM 250 12 MECHANICAL EQUIPMENT ROOM 200 13 EQUIPMENT INVENTORY 14 EXTERIOR AND LANDSCAPING REQUIREMENTS NET SQUARE FEET 9,830 3,4,6,7,8,9,10,11=1,6305FX30% 2,119SF 1.2,12 = 8,200 SF x 5% = 8,810 SF 10,729 SF x $35 - $375,515 EDEN PRAIRIE COMMUNITY CENTER — PUBLIC WORKS INTER DESIGN INC. DATE i 2 oZ .L7 1 PARK AND RECREATION - EDEN PRAIRIE CITY SERVICES SUMMARY OF SPACES REVISED SEPTEMBER 3,1981 WITH EDEN PRAIRIE STAFF. PAGE NAME AREA IN SQUARE FEET 1 SUPERVISOR'S OFFICE 130 2 FORESTERS OFFICE (FUTURE) Omit 3 LUNCH/MEETING ROOM 150 4 MENS TOI LET AND LOCKER ROOM 100 6 WOMEN'S TOILET AND LOCKER ROOM 80 6 CUSTODIAN 15 7 SHOP.• 1,800 • 8 LARGE EQUIPMENT STORAGE 9,000 9 CHEMICAL STORAGE ROOM 100 10 GREENHOUSE (FUTURE) Omit 11 MECHANICAL EQUIPMENT ROOM 200 12 PAINT STORAGE 100 13 MISCELLANEOUS EQUIPMENT STORAGE • 1,000 14 EQUIPMENT INVENTORY 16 EXTERIOR AND LANDSCAPING REQUIREMENTS NET SQUARE FEET 12,675 1,3,4,5,6,9,12.675 x 30%- 877 7,8,11,13 - 1,200 x 5% - 12,600 13,477 SF X S32.5 = S438,002.50 EDEN PRAIRIE COMMUNITY CENTER - PARK AND RECREATION PAGE INTER DESIGN INC. DATE • September 15, 1981 • CITY DF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R81- 193 • RESOLUTION RECEIVING PETITION AND ORDERING. FEASIBILITY REPQRT-MITCHELL/CPT/MTS • ROADWAY, I.C. 52-01D WHEREAS, a petition tas been received and it is proposed to make _. the following improvements; I.C. 52-010, Street and associated utility improvements • and assess the benefitted property for all or a portion of the cost of the Tr- improvements, pursuant to M.S.A. 429.011 to 429.111. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study with the assistance of Bather Ringrose Wotsfeld and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasi- bility of the proposed improvements. ' ADOPTED by the Eden Prairie City Council on • Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk • • 211,3 VIS' 44,,,.:.9 M I aus z 5 isst IVITS r• MTS SYSTEMS CORPORATION BOX 24012. MINNEAPOLIS.MINNESOTA 55424 TELEPHONE 0724197.4000 TELEX a0.0521 MTSOYETIM ENPE 24 August 1981 • City df Eden Prairie • 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Attention: Mr. Carl Jullie, City Manager Reference: Proposed West 78th Street Extension Attached are petitions signed by the owners of record for the west approximately 55% of this project. Additional landowners affected by the project are Carpenter Land Company (Walt Carpenter) and Feeder's Inc. (Maclay Hyde). Mr. Carpenter has indicated to us his agreement on the need for the street but prefers not to make the investment at this time. Feeder's Inc. is trying to sell their parcel and has indicated they feel any progress on the road could become another obstacle to the sale. ( There may be economies of scale and an improvement in the efficiency of utilization of materials by constructing this street concurrently with the intersecting portion of Schooner Boulevard (Ring Road). Also, we believe that the proposed West 78th Street Extension will, when Schooner Boulevard is completed, serve to alleviate the traffic conges- tion on Mitchell Road and on Highway 5 east of Mitchell Road. For these reasons we are asking that the City proceed at once to order the feasibility study for this project. When the feasibility study is complete, and an exact location chosen, the City can decide whether or not to build the through street at this time. Should the City decide to defer the entire project, MTS and Magnetic Controls could choose to construct the western end and the Mitchell Road intersection to facilitate development of the P.U.D. con- cept which you have approved. This would ensure that the through street is ultimately constructed in a manner which will best serve the City'•s overall traffic plans. Thank you for considering this request. Sincerely, MTS S tb ION • aul Strand Assistant Treasurer jl • cc: Frank Kiesner Magnetic Controls 21114 • CITY OF EDEN PRAIRIE, MINNESOTA • 100% PETITION FOR LOCAL IMPROVEMENTS TO THE EDEN PRAIRIE CITY COUNCIL: 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) • • • X Sanitary Sewer Proposed West 78th Street (extension) X Watermain and improvements, from existing X Storni Sewer West 78th Street west to Mitchell X Street Paving Road (N 1/2 Section 15) Other Pursuant 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 assessed 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 approxi- mately $1,250,000, and that, in the event that the feasibility study determines that the cost will exceed said estimate, the undersigned reserve the right to withdraw the petition. Street Address or other Legal Names and Addresses of Petitioners Description of Property to be Served (Must be owners of record)) Part of the North one-half of / x.a��f �I-,-.-!•Gvti./ { Section 15, Township 116, Range 22 Kenneth E. Anderson Irene W. Anderson (For City Use) 11 Oate Received Project No. Council Consideration I 2115 • CITY OF EOEN PRAIRIE, MINNESOTA • 100S PETITION FOR LOCAL IMPROVEMENTS TO THE EOEN PRAIRIE CITY COUNCIL: 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) X Sanitary Sewer Proposed West 78th Street (extension) X Watermain and improvements, from existing X Storm Sewer West 78th Street west to Mitchell X Street Paving Road (N 1/2 Section I5) Other Pursuant 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 assessed against the property described below in accordance with the City's special assessment policies We further understand tha t the preliminary, estimated total cost for the said improvements is approxi- mately S1,250,000, and that, in the event that the feasibility study determines that the cost will exceed said estimate, the undersigned reserve the right to withdraw the petition. Street Address or other Legal Names and Addresses of Petitioners Description of Property to be Served (Must be owners of record) Part of the Northwest Ouarter of MTS Systems Corporation • Section 15. Township 116. Range 22 bv: 411 M. L. Carpenter Vice President and Treasurer (For City Use) Date Received Project No. Council Consideratioh 211(0 Sept. 15, 1981 CITY OF EDEN PRAIRIE 1 HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RS1-195 • RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT -,STREET AND ASSOCIATED UTILITY IMPROVEMENTS- WWESTWOOD INDUSTRIAL PARK, I.C. 52-025 WHEREAS, a petition has been received and it is proposed to make the following improvements; {' I.C. 52-015, Trunk watermain, lateral watermain, lateral sanitary sewer, roadway along west line of development and the interior cul-de-sac, in or adjacent to Westwood Industrial Park and assess the benefitted property for all or a portion of the cost of the improvements, pursuant to M.S.A. 429.011 to 429.111. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study with the assistance of Rieke Carroll Muller Assoc., Inc. and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasi- bility of the proposed improvements. ADOPTED by the Eden Prairie City Council on • Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk 2111 • CITY OF EDEN PRAIRIE, MINNESOTA PETITION FOR LOCAL IMPROVEMENT To The Eden Prairie City Council: The undersigned property owners herein petition the Eden Prairie City Council to consider making the following described improvements(s): • (General Location) •X Sanitary Sewer South of County Road 67, East of the Chicago- • . X watermain Northwestern Railroad, between the existing Storm Sewer industrial properties and the western X . Street Paving edge of the proposed Anderson PUD • Other • Street Address or Other Legal Description of Names of Petitioners property to be Served (Must Be Property Owners) Tract C, Registered Land Frankl• Nagional Bank of Minnpapotis ! ' ( 'urvey 1095 e . H. Dahl, Vice President & Cashier • 0 /39 -3 (e) E01J-7'' , /«.. 1/1 • • (For City Use) • Date Received • Project No. _ Council Consideration 2111 4L •HOWARD DAHLGREN ASSOCIATES VIColI oaMtD CONSULTING PLANNERS • O N E G R O V E 1.A N D TERRACE MINNEAPOLIS,MINNESOTA 35403 • •I1P•377.35311 . geptember 1981 Honorable Mayor and City Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Honorable Mayor and Council Members: The owners of the existing industrial properties located south of County Road 67 along the east side of the Chicago- Northwestern Railroad and representatives of the Franklin National Bank have reviewed Anderson Development Company's revised PUD plans. These plans propose a permanent industrial road between the above noted properties and provide for the development of the 30+ acre parcel owned by.,the bank. We understand from discussions with the City Planning Director and Public Works Director, that this will be a 38 foot,,nine ton, industrial road with concrete curb and gutter, within a 60 foot right-of-way. This proposal has many positive aspects.• 1. It would eliminate the dangerous intersection of the existing private road with County Road 67, directly adjacent to the railroad crossing, 2. it provides acceptable access for the development of the Franklin National Bank property, and 3. It provides a necessary second access and egress for the Anderson development. All of the affected property owners, desire public utilities and agree that the time to both solve this access problem and to determine the most efficient and cost effective sanitary 1 sewer and water systems to service this area, is now, along with the City's review and approval of the Anderson development. • • 21'19 . • . Honorable Mayor and City Council City of Eden Prairie Page 2 (j However, several important concerns remain regarding the • specific design of this road and these utilities. Specifically, at least the following should be addressed in a feasibility report: 1. The provision of adequate stacking, sight distance, and turning movements for the large cranes and ! ' semi-tractor trailers which will need to use it. • 2. The effect of the right-of-way location on the use of the existing properties. Most notably, the use of the Busse property would be severely . • impacted by the right-of-way taking as shown on the current Anderson plans. • ' 3. The most efficient and cost effective design to I serve the entire area with public water and sanitary sewer. ( 1 4. Due to the unique ownership pattern and the nature i of existing and planned land uses, the feasibility r report should determine the most fair and equitable means of determining benefit and spreading I assessments. Respectfully submitted, 1 Joh W. Shardlow . I Principal Planner The undersigned have read and are in agreement with the contents f of this letter: /b 2 aG ' 1. . 2120 • __-- aspLemurr 1 , Ivor ar CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R81-196 RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS & PREPARATION OF PLANS AND SPECIFICATIONS FOR . PUBLIC IMPROVEMENTS IN AUTUMN WOODS, PHASE I, I.C. 52-016A • BE IT 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 improvements. have petitioned the City Council to construct said improvements and to assess the entire 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 gnd the City Engineer, with the assistance of Rieke Carrr.,11 Mul- ler Assoc., Inc. 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 official 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. Frane, Clerk 1111 • :Xr I CITY OF EDEN PRAIRIE, MINNESOTA • 100% PETITION FOR LOCAL IMPROVEMENTS . • TO THE EDEN PRAIRIE CITY COUNCIL: • 1 The undersigned are all the fee owners of the real property described j . 'below and herein petition for the Eden Prairie City Council to proceed witr•making the following described improvements; . • (General Location) XSanitary Sewer, xWatermain um. lA�ea�g m4s 'i . . _ X :.Storm:'Sewer . . X Street:Paving Other • Pursuant 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 94:OOV • • • Street Address or other Legal Names and addresses of Petitioners Description of Property to be Served (Must be owners of record) liars /-13 ,$cr Z•r 4v'lva f 1—P-e--'--+' �•�•-�••' %Joup. 73 2 6 f/ia.w..-H,• Auk • Ed;,, P.-a_irtel this, n SS34f 5i:c4S. Rys• vy Richard S. Ryshay Ystk, MNS5391 • 'Q-2(. 4 Mabel R. Moran • 7808 County Road #4 Eden Prairie, MN 44344 ' Guardians of Annie Picha. Inc. Ward. (For City Use) Date Received • Project No. .,Z� 1 s)- d4 Council Consideration • ?1U • •