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Home My WebLink AboutCity Council - 11/17/1981EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 17, 1981 COUNCIL MEMBERS: COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLL CALL 7:30 PM, CITY HALL Mayor Wolfgang Penzel, George Bentley, Dean Edstrom, Paul Redpath and George Tangen City Manager Carl Jullie; City Attorney Roger Pauly; Finance Director John Frane; Planning Director Chris Enger; Director of Community Services Bob Lambert; City Engineer Eugene A. Dietz, and Recording Secretary Karen Michael I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. Special City Council Meeting held Saturday, October 31, 1981 B. City Council Meeting held Tuesday, November 3, 1981 III. CONSENT CALENDAR A. 2nd Reading of Ordinance No. 81-25, an ordinance amending Ordinance No. 77-22 prohibiting noisy parties and unlawful trespass B. Final plat approval for Edenvale 14th (Resolution No. 81-233) C. Change Order No. 1 for Creekview Estates, I.C. 51-375 D. Receive 100% petitions for improvements to Sundquist Addition and Trunk Sewer connections and authorize preparation of plans and specifications (Resolution No. 81-234) E. Request of Mr. Karl Krahl concerning donation of property F. .Clerk's License List G. 2nd Reading of Ordinance No. 81-23, designating and regulating Bicycle Ways within the City of Eden Prairie H. Final approval of Municipal Industrial Development Bonds for Frana & Sons in the amount of $242,250 (Resolution No. 81-231) and $48,450 (Resolution No. 81-232) I. Final approval of Municipal Industrial Development Bonds for Valley Place Office Associates in the amount of $1,200,000 (Resolution No. 81-235) IV. PUBLIC HEARINGS A. Standard Oil Station by Standard Oil Co. Request to rezone 1.2 acres from Planned Study to Highway Commercial for construction of a gas station and attached car wash. Located in the southeast corner of Co Rd. 4 and TH 5 (Ordinance No. 81-29) Continued from November 3, 1981 Page 2426 Page 2429 Page 2409 Page 2436 Page 2439 Page 2441 Page 2446 Page 2450 Page 2451 Page 2452 Page 2453 Page 2411 City Council Agenda - 2 - Tues. ,November 17, 1981 B. City West by Richard Anderson, Inc. Request to amend the Comprehensive Guide Plan on approximately 40 acres designated Medium Density Residential to Office, Regional Commercial, approval of a PUD Concept of Office, Regional Commercial, and multiple Residential uses, and approval of an Environmental Assessment Worksheet (Resolution No. 81-226 (PUD), and Resolution No. 81-227 (EAW) C. Kentucky Fried Chicken by Delaria Kitchens. Request to rezone from Rural to Regional Commercial and preliminary plat 0.835 acres for a fast food restaurant. Located west of US 169/212, east of Eden Road, and north of Single Tree Lane (Ordinance No. 81-26 and Resolution No. 81-228) D. Wooddale Baptist Church by Wooddale Baptist Church. Request for amendment to the City Guide Plan from Residential to Publ 4 c; Planned Unit Development Concept approval for church uses; rezoning from Rural to Public; and preliminary plat approval. Variances requested are: 60 foot high sanctuary peak, and a non-hardsurface parking area for the first phase, and construction of a parking lot without curb & gutter, all on a total of 31 acres. Located east of Golden Ridge, south of Shady Oak Road, and west of US 169/212 (Resolution No. 81-229 (PUD), Ordinance No. 81-27 (rezoning), and Resolution No. 81-230 (preliminary plat) V. PAYMENT OF CLAIMS NOS. 9050 - 9271 VI. REPORTS OF ADVISORY ,COMMISSIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Presentation of final Crosstown Scoping Report by Hennepin County (Resolution No. 81-222) Continued from November 3, 1981 VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Attorney C. 'Report of City Manager 1. Proposed changes in sewer and water rates for 1982 2. Agreement Contract No. 830 with Metropolitan Waste Control Commission (MWCC) for repayment of 1971-72 reserve capacity charges 3. Request from Ramsey City Manager regarding lawsuit on Local Government Aid IX. NEW BUSINESS X. ADJOURNMENT. Page 2454 Page 2540 Page 2548 Page 2565 Page 2423 Page 2570 Page 2574 Page 2578 • CANVASSING BOARD TUESDAY, NOVEMBER 17, 1981 Immediately following Council Meeting CANVASSING BOARD MEMBERS: Wolfgang Penzel, George Bentley, Dean Edstrom, Paul Redpath and George Tangen CANVASSING BOARD STAFF: City Clerk John Frane CALL MEETING TO ORDER RECEIVE AND CERTIFY RESULTS OF THE 1981 BOND REFERENDUM FOR CITY SERVICES ADJOURNMENT. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL SPECIAL MEETING 10:00 a.m., CITY HALL Mayor Wolfgang H. Penzel, George Bentley, Dean Edstrom, Paul Redpath, and George Tangen City Manager Carl J. Jullie, Finance Director John D. Frane, and Director of Planning Chris Enger SATURDAY, OCTOBER 31, 1981 COUNCIL MEMBERS: COUNCIL STAFF: I. ROLL CALL - all members were present II.. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Redpath moved, seconded by Edstrom, to approve the Agenda as published. Motion carried unanimously. III. PUBLIC HEARINGS A. Request for Municipal Industrial Development Bonds in the amount of $378,000.00 for Spencer Dean, Sr. (Resolution No. 81-215) Larry Griffith, representing the proponent, indicated to the Council that the project would be located in the Lake Ridge Office Park and would be consistent with the existing and proposed development of this site. He said the two com- panies which Dean is associated with have outgrown their present location and that the new building would be suitable for their present needs with some extra space provided. MOTION: Edstrom moved, seconded by Tangen, to close the Public Hearing and to adopt Resolution No. 81-215. Motion carried unanimously. B. Request for Municipal Industrial Development Bonds in the amount of $250,000.00 for Kinder-Care (Resolution No. 81-216) Richard Nordland, representing the proponent, indicated the owners of the pro- perty intend to lease the entire building to Kinder-Care which is a successful nation-wide day care company. Bentley and Tangen expressed concerns over the special meeting today to consider revenue bond applicants desiring approval be- fore Federal legislation could possibly preclude the further issuance of Indus- trial Revenue Bonds. Penzel indicated he felt that the Council was responding to requests for development in the City. Edstrom indicated he shared some of the same concerns, but felt that day care was one of the most important needs of the community. City Council Minutes -2- October 31, 1981 MOTION: Bentley moved, seconded by Edstrom, to close the Public Hearing and to adopt Resojution No. 81-216. Motion carried unanimously. C. Request for Municipal Industrial Development Bonds in the amount of $360,000.00 for Little Red (Resolution No. 81-217) Haakon Nyhammer,the owner of Eden Prairie Grocery (Little Red Store), indicated he had been seeking financing for relocation of his business and has found mortgage money to be very expensive. He stated he wanted to have the option of Industrial Development Revenue Bonds in case the interest rates in the mortgage market would be too high to make his project work out. He also in- dicated the County Road 4 and Valley View Road improvements have disrupted his business. MOTION: Tangen moved, seconded by Edstrom, to close the Public Hearing and to adopt Resolution No. 81-217. Motion carried unanimously. D. Request for Municipal Industrial Development Bonds in the amount of $3,500,000.00 for Eden Prairie Project 100 (Resolution No. 81-218) Gary Yinger and Jerome Hertel, represented the proponent. They stated the project was in anticipation of the Federal legislation and the purchase of a manufactured home builder in Nebraska. Bentley and Tangen again expressed concerns over the special meeting. Bentley said a positive action by the Council relative to finan- cing was in no way intended to sanction the pending rezoning and the reviewing commissions should be so informed. All concurred. MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing and to adopt Resolution No. 81-218 subject to rezoning. Motion carried unanimously. E. Request for Municipal Industrial Development Bonds in the amount of $4,000,000.00 for Hoyt (Resolution No. 81-219) Steven Hoyt, an owner of the project,said their business had outgrown the facilitie presently occupied and needed space for further expansion. Relative to Council concerns about the space to be leased to others, he stated the southwest area had a 95% occupancy factor and their first building was essentially 100% leased and the new project was expected to be pre-leased before construction. MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing and to . adopt Resolution No. 81-219. Motion carried unanimously. IV. SCHEDULE FOR CODIFICATION REVIEW The Council discussed the procedures which should be adopted in order to conclude the process as rapidly and efficiently as possible. It was decided to meet at lease once a month on the second Tuesday for three hour sessions. Enger responded to Council's questions as to how the Council should proceed; he said the Council should try to con- cern itself with policy and leave the drafting of the ordinance to the Staff and City Attorney. All concurred. .20.21 Chapters 1, 2, 11, 12, and 13 were scheduled for review in that order. A meeting was scheduled for.November 10, 1981, at 7:30 p.m. at which time the goal will be review. of Chapters 1, 2, and 11. Chapter 12 could be reviewed if time remains. December 19, 1981, and January 12, 1982, at 7:30 p.m. were also set as dates for review. V. NEW BUSINESS There was none. VI. ADJOURNMENT MOTION: Redpath moved, seconded by Edstrom, to adjourn the meeting at 12:00 noon. Motion carried unanimously. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL 7:30 p.m., CITY HALL Mayor Wolfgang H. Penzel, George Bentley, Dean Edstrom, Paul Redpath, and George Tangen City Manager Carl J. Jullie, City Attorney Roger Pauly, Planning Director Chris Enger, City Engineer Eugene A. Dietz, and Recording Secretary Karen Michael TUESDAY, NOVEMBER 3, 1981 COUNCIL MEMBERS: COUNCIL STAFF: INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL: All were present I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: VIII. C. 1. County Board Action; VIII. C. 2. Impact on City of State's Financial Woes; VIII. C. 3. Special Assess- ment Policy. • MOTION: Bentley moved, seconded by Redpath, to approve the Agenda as amended and published. Motion carried unanimously. II. MINUTES A. City Council Meeting held Tuesday, October 6, 1981 Page 4, para. 1, line 3: add "&" to read "Schoell & Madson". . Page 4, para. 5, line 3: change "visable" to "visible"; and add 111,11 after "Schoell". . . Page 7, para. 5, line 3: change "site" to "sight". . . MOTION: Redpath moved, seconded by Tangen, to approve the minutes of the City Council Meeting held Tuesday, October 6, 1981, as amended and published. Motion carried unanimously. B. City Council Meeting held Tuesday, October 20, 1981 MOTION: Tangen moved, seconded by Bentley, to approve the minutes of the City Council Meeting held Tuesday, October 20, 1981, as published. Motion carried with Edstrom abstaining. a.29 City Council Minutes -2- November 3, 1981 III. CONSENT CALENDAR A. Clerk's License List B. 2nd Reading'of Ordinance No. 81-13, rezoning from R1-13.5 to RM 6.5 and Developer's Agreement for Edenvale 14th C. Receive feasibility report and set Public Hearing for Westwood Industrial Park and adjacent properties, I.C. 52-015 for 12/1/81 (Resolution No. 81-223) D. Shady Oak Industrial Park 2nd Addition. Certification of compliance with Developer's Agreement dated July 13, 1979 (Resolution No. 81-224) E. Eden Glen 3rd Addition by Jesco, Inc. Request to preliminary plat 3.856 acres for construction of a hotel. Located west of Glen Lane, east of Eden Road, and north of Single Tree Lane (Resolution No. 81-220) F. Resolution No. 81-225, approving division of Reichow homestead from Bluff's East G. 1st Reading of Ordinance No. 81-25, an ordinance amending Ordinance No. 77-22 prohibiting noisy parties and unlawful trespass H. Proposal from Fox, McCue & Murphy to conduct the 1981 fiscal year audit for the City of Eden Prairie City Attorney Pauly noted slight changes in paragraphs 4 and 5 of the Developer's Agreement for Edenvale 14th (II. B,) which are for purposes of clarification. He also stated Resolution No. 81-225 (II, F,) has been revised. MOTION: Redpath moved, seconded by Edstrom, to approve items A - H on the Consent Calendar subject to the additions and revisions mentioned by Pauly. Motion carried unanimously. IV. PUBLIC HEARINGS A. STANDARD OIL STATION by Standard Oil, Co, Request to rezone 1.2 acres from . Planned Study to Highway Commercial for construction of a gas station and attached car wash. Located in the southeast corner of Co, Rd, 4 and TH 5 (Ordinance No. 81-29) MOTION: Edstrom moved, seconded by Tangen, to continue this item to 8:30 p.m, pending the arrival of the proponent. Motion carried unanimously, V. PAYMENT OF CLAIMS NOS. 8893 - 9049 MOTION: Bentley moved, seconded by Redpath, to approve the Payment of Claims Nos. 8893 - 9049. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye." Motion carried unanimously. 2430 City Council Minutes -3- November 3, 1981 VI. REPORTS OF ADVISORY COMMISSIONS There were none. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Presentation of final Crosstown Scoping Report by Hennepin County (Resolution No. 81-222) City Manager Jullie introduced Richard Wolsfeld of BRW (Bennett-Ringrose- Wolsfeld-Jarvis-Gardner, Inc.) who spoke to the "Final Scoping Report." Wols- feld noted the changes that have been made in the "Final Scoping Report" are the result of resolutions received from public bodies such as the City of Eden Prairie and from testimony at the Public Hearing held in July. Wolsfeld addressed the comments which had been made by the Council via its Resolution 81-111 adopted on June 16, 1981. He reviewed the issues and impact areas which will be addressed in the Draft Environmental Impact Statement as well as the five alternatives to be addressed in detail. Edstrom asked if residents of the Rowland-Beach Road areas had been notified of tonight's meeting. Jullie said they had not. Wolsfeld said the people who had attended the Public Hearing had been told they would be sent a copy of the "Final Scoping Report" once it had been acted upon by the City Councils of Eden Prairie and Minnetonka and prior to the time it was to be presented to the Hennepin County Board of Commissioners. Bentley said he personally feels there should be a connection between Beach and Rowland Roads. Edstrom said he would like to hear from residents of the area before acting on the report. He would also like some time to reflect on the report. Penzel concurred. Herbert 0, Klossner, Director of the Hennepin County Department of Transportation, noted there will be another Public Hearing regarding the Draft Environmental Impact Statement. MOTION: Edstrom moved, seconded by Tangen, to continue this item to the . November 17, 1981, meeting of the City Council, Motion carried unanimously. Jullie asked if funding was still a reality to this project. Klossner said It was and they wanted to get in on the funds as soon as possible. B. Administrative Land Division for proposed motel site at West 78th Street and IN 169 Planning Director Enger reviewed the history of proposals for this property and stated the Comprehensive Guide Plan shows this as Commercial Highway. Tangen asked if the Planning Commission had looked at this. Enger said they had not, MOTION: Bentley moved, seconded by Edstrom, to refer this matter to the Planning Commission for their recommendation. Motion carried unanimously. City Council Minutes -4 - November 3, 1981 IV. A. STANDARD OIL STATION by Standard Oil Co. - continued from page 2. • R.A. Duggan, Jr., Standard Oil Engineer, spoke to the proposed request to rezone 1.2 acres from Planned Study to Highway Commercial for construction of a gas station and attached car wash. Planning Director Enger noted this item had been considered by the Planning Commission at its October 13, 1981, meeting at which time it recommended approval by a vote of 5 - 1 subject to the recommendations contained in the October 9, 1981, Staff Report. Redpath said TH 5 is overburdened with traffic now -- particularly with grain trucks. Duggan said they realized that -- Standard has been attempting to build on this property for 16 years. Tom Sween, representing E. A. Sween Company, said they are willing to look at the road problem with Duggan if Standard wishes to use E. A. Sween's road. He sees no advantage in making their road a public street. Bentley said he is concerned about access and also about usage. The Guide Plan shows this as Industrial. He feels that two service stations on this corner would be a bit much. Redpath said the access onto TH 5 bothers him. Penzel asked how the Highway Department (Mn/DOT) had responded to this re- quest. Enger referred to a letter from W. M. Crawford dated October 20, 1981, in which he suggests access be limited to local cross streets via frontage roads to limit direct access to existing highways. Bentley noted how access is limited to a local street in the case of Mark's Standard in the Major Center Area. Duggan noted that station has excellent visibility. The question of access to this property from County Road 4 was discussed. Enger noted an October 8, 1981, letter from Les Weigelt which addressed that point. MOTION: Tangen moved, seconded by Redpath, to continue this item for two weeks to allow the proponent more time to work with Staff on concerns which have been addressed this evening. Motion carried unanimously. VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Penzel - Called the Council's attention to the petition submitted this evening in regard to the Schendel property on Forest Hill Road. Penzel noted aesthetics are impossible to legislate. City Attorney Pauly stated the Building Department Is following through on this and seeing that the conditions set forth by the Board of Appeals and Adjustments are being carried out. .2432 City Council Minutes -5- November 3, 1981 Edstrom - had questions regarding the letter from the Larkin firm which was discussed at the October 20, 1981, meeting -- referring to the Sanitary Land- fill. He feels any proposal for expansion should be looked into very care- fully before the City agrees to anything. Bentley - noted a site acress the Minnesota River and to the southwest of Eden Prairie is being considered as a hazardous waste site. B. Report of City Attorney Deferred discussion on tax increment financing to the City Manager. . C. Report of City Manager 1. County Board Action City Manager Jullie reported the Hennepin County Board of Commissioners had met this morning and had voted in favor of the rollback provision in regard to Eden Prairie's Tax Increment Financing Plan. The vote was 4 - 1 - 2 with Robb, Johnson, Kremer, and Olkon voting in favor of the provision. City Attorney Pauly stated he had met with the Chief Justice-to-be last week. The appeal matter has been referred to a three judge panel. A transcript will be available before January 1, 1982, after which the City will s have 30 days to file briefs. It would then be taken up three or four months later. Discussions are being held regarding the sale of bonds. This matter will be further discussed with bond counsel. MOTION: Redpath moved, seconded by Bentley, to proceed with all due effort for a bond sale. Motion carried unanimously. 2. Impact on City of State's Financial Woes City Manager Jullie stated the Budget for this year includes $417,000 in local government aid; $113,000 is still due in mid-November and mid- December. It is not known yet how much of that will be forthcoming. He also said he had received an "action alert" from the League of Minne- sota Cities in which it was noted that the withholding of funds might extend to the homestead credit. Edstrom asked how this would affect the City's cash flow. Jullie said we can cope. Edstrom wondered how this would affect the 1982 Budget. Jullie said we had received $360,000 in homestead credit this past year and if both local government aid and the homestead credit were withheld,measures would have to be taken. Edstrom asked Jullie to have Staff monitor the situation closely and to keep the Council informed. Penzel asked that preliminary steps be taken to see where cuts could be made. Edstrom requested Staff to prepare needs for five years, if projections could be made. .2431 City Council Minutes -6- November 3, 1981 3. Special Assessment Policy • City Manager Jullie asked for clarification of the special assessment policy. The discussion was precipitated based on three projects currently before the City: Golden Ridge, Mariann Drive, and Kilmer Avenue. Dis- cussion was whether or not to develop a standard rate for all projects involving existing homes. The Council decided that residents ought to pay actual costs with the exception of lift stations which would be general City benefit. The $1,000 credit policy for homes built prior to June 22, 1971, would still be in effect. • IX. NEW BUSINESS There was none. X. ADJOURNMENT MOTION: Bentley moved, seconded by Edstrom, to adjourn the meeting at 9154 p.m. Motion carried unanimously. PETITION TO THE CITY OF EDEN PRAIRIE I In an effort to protect and p re serve our propert y ri g hts, the u ndersigned residents of rar est Hill Road in Eden Yal e hereb y submit this Prairie. Prior to receivin g approval from the Cit y to PetiCion to the Cit y of Ede move their home onto Forest Hil l Road, Mr. and Mrs. Alfred Schendel made several re p r esentationsto the surroundin g residents. The y r e presented that the house would be renewed and brou g ht up to newer standards and be made to blend in with the ne i g hborhood. The y provided us with a paintin g or drawing which showed the house to sit low on the site, much like the rambler that it is. The y led us to believe that t he house would be renewed and not look like an old 18-y ear-old rundown buildin g . We feel that the y have misled us in all of these areas and that b y mixin g the two t y pes of sidin g and placin g the house as hi g h as the y have on the lot that it sticks out like a "sore thumb". We hereb y re q uest that the Cit y of Eden Prairie prohibit them from receivin g an occupanc y permit and movin g into the building until the y at least remove all of the shin g les from the sides and rear of the house and replace them with lapped cedar sidin g which the y have used on the foundation. We also re q uest that the y make ever y effort to landscape the buildin g or house in such a wa y that it does not stick up in the air and stand out so much as it does now. k t/—i et_4 1 Vogx...cipier r inCL---) e ill;A I, 4 II: tie f Lin ei iii:4. /--,41. taailit47L,e d aAluL - - r )bx- , -1))614, 1141/ lIIc v z).,11 w • November 17, 1981 CITY OF EDEN PRAIRIE HENNEPIN:COUNTY, MINNESOTA • RESOLUTION NO. 81-233 A RESOLUTION APPROVING FINAL PLAT OF EDENVALE 14th ADDITION WHEREAS, the plat of Edenvale 14th has been sub- mitted in the manner required for platting land mider the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin- ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat Approval Request for Edenvale 14th is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated November 10, 1981. • That the City Clerk is hereby directed to file a certified copy of this resolulion in the office of the Register of Deed and/or Regis- trar of Titles for their use as required by NSA 462.358, Subd. 3. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. .ADOPTED by the City Council on November 17, 1981 Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk B. C. D. • CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and City Council Members THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: Dave Olson, Engineering Technician Li<0. DATE: November 10, 1981 SUBJECT: EDENVALE 14th ADDITION PROPOSAL: HISTORY: The developer, Equitable Life Assurance Society of the United States, is requesting City Council approval of the final plat of Edenvale 14th Addition. This plat consists of 57 lots and is a replat of Outlot F, Edenvale 3rd Addit i o n and Outlot B, Edenvale 11th Addition located in the South 1/2 of Section 4. Lots 1 through 8, Block 1 and Lots 1 through 17, Block 2 (28 lots) are intended for RI-13.5 use. The remainder (29 lots) are intended for RM 6.5 use. Ownership of Outlots A and B will be retained by the . developer and will be included in future platting to the w e s t . Zoning of the site, approximately 24 acres, to RI-13.5 wa s finally read and approved by the City Council on August 5, 1977 per Ordinance No. 77-24. A second reading of Ordinance No. 81-13 by the City Counc i l rezoning approximately 15 acres to RM 6.5 is scheduled fo r November 17, 1981. The preliminary plat was approved on August 18, 1981 per Resolution No. 81-159. The Developer's Agreement referred to within this report i s scheduled for execution on November 17, 1981. VARIANCES: Variances to be allowed are described in the Developer's Agreement. All other variance requests must be processe d through the Board of Appeals. UTILITIES AND STREETS: Municipal utilities will be installed throughout the dev e l o p m e n t In conformance with City standards. PARK DEDICATION: The requirement for park dedication are covered in the Dev e l o p e r ' s Agreement. BONDING: The requirements for bonding are covered in the Developer' s Agreement. 201 Pg. 2 Final plat of Edenvale 14th RECOMMENDATION: Recommend approval of the final plat of Edenvale 14th Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of fee for City Engineering Services in the amount of $1,500. 2. Receipt of cash deposit for street lighting in the amount of $3,978. 3. Execution of the Developer's Agreement. 4. Satisfaction of Bonding Requirements. 2437 TO: Mayor and City Council THROUGH: Carl J. Jullie, City Manager FROM: Eugene A. Dietz, Director of Public Works DATE: November 12, 1981 RE: Change Order No.1 Creekview Estates, I.C. 51-375 This change order represents the total changes encountered in the project- - $750.00. The first item, working around existing sewer, was to compensate the contractor for additional work to protect the watermain from contamination by the sanitary sewer. The need for this work was not anticipated during contract development. The "dig up & plug wye" items were due to a change In service locations by the developer's engineer. The additional cost are reasonable as corrected and I therefore recommend a motion to approve the change order as attached. CREEKVIE4.1• ESTATES PROJECT: Contract No. 51 -375 OWNER: EDEN PRAIRIE CHANGE ORDER 'NO. 1 DATED November 3., 1981 ENGINEER'S PROJECT NO. CONTRACT DATE: $ 161,234.60 •&7570e- /101 qfq0 1 161, - Thomas Montgomery Construction CO. Contractor 1 (707. November 3, 1981 En ineer By: atp4t DATE: OWNER'S PROJECT NO. TO: Thomas Montgomery Construction Company • CONTRACTOR You are directed to make the changes noted below in the subject contract: --OWNER: BY: Wolfgang H. Penzel, Mayor Carl J. Jullie, City Manager DATE: Nature of the Change: 8/13/81 Working around existing 18" San. Swr. Ei Co. M. 1 W.M. 8/19/81 Dig up & plug wye - Lot 3, Blk. 2 8/20/81 Dig up & plug wye - Lot 5, Blk. 3 (See attached invoice #2012) Connection /41; +45700 . 175-.-08 :TOTAL Eps-ree - -X As pm ponor crticoelf17/nJ 31141 ••51'''Ee A Die 7e 1//419 / 47. The changes result in the following adjustment of contract price and time: Contract Price Prior to this Change Irder Net (Increase) (Decrease) Resulting from this Change Order Current Contract Price including This Change Order . Contract Time Prior to This Order Net (Increase) (Ramage) Resulting From This Change Order Current Contract Time Including This Change Order above changes are approved: As No7r0 Calendar Days O Calendar Days/ Calendar Daysi 1 The Above Changes are Accepte 1 WO November 17, 1981 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESTOA RESOLUTION NO. R81-234 RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS FOR SUNDQUIST ADDITION, I.C. 52-021 BE IT RESOLVED of the Eden Prairie City C o u n c i l : 1. The owners of 100% of the real property a b u t t i n g u p o n a n d t o b e benefitted from the proposed utilities, streets and t r u n k s a n i t a r y sewer at an. estimated total constructio n c o s t o f 4 3 5 0 , 0 0 0 . 0 0 h a v e petitioned the City Council to construc t s a i d i m p r o v e m e n t s a n d t o assess the entire cost against their pr o p e r t y . 2. Pursuant to M.S.A. 429.031, Subd. 3 and u p o n r e c o m m e n d a t i o n o f the City Engineer, said improvements ar e h e r e b y o r d e r e d a n d s u c h work shall be added, per the unit bid prices, to Improvement Contract I.C.„52-021. ADOPTED by the City Council of the City o f E d e n P r a i r i e o n November 17, 1981. ATTEST: Wolfgang H. Penzel, Mayor SEAL John D. Frane, Clerk phone: 937-9770 l'rr me4 Tat,. 13000 Plaza Drive eden prairie, minnesota 55344 November 13,1981 Eugene Dietz, City Engineer City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Mn. 55344 Dear Mr. Dietz: This letter supercedes my letter to Carl Jullie dated October. 9,1981, regard- ing my petition for Sanitary Sewer through my property to serve existing and planned development North of my property. In as much as I have no prospects or plans for developing most of my property to be served by this sewer line and am petitioning to facilitate the development of neighboring properties, I do not feel I should be assessed lateral benefit at this time. I have already been assessed for trunk service. I agree to donate a 20 1 permanent easement and additional temporary ease- ment for construction of the sewer line, with the understanding that my prop- erty will not be included in the assessment district for a period of five years from the project assessment, except property parcels will be assessed as developed during the five year period. I understand the cost of the project to be assessed in the future will be indexed to 1982 actual costs by an indexing formula as provided by Engineering News Record. The alignment of sewer and easement is intended to follow within the planned Schooner Boulevard to the intersectionwith Valley View Road and then North on an anticipated City street — or on our West property line if construction cost allow. ge 2qoa 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 re a l p r o p e r t y d e s c r i b e d below and herein petition for the Eden Prairie C i t y C o u n c i l t o p r o c e e d with making the following described improvements : ifrag4k..g6u6Per Dool • Trunk Sanitary Sewer Watermiin :-Storn."sewe ,Street Paving Other (General Location) • North of Hwy. 5 thru Minnesota Tree property Pursuant to M.S.A. 429.031,. Subd. 3, the undersi g n e d h e r e b y w a i v e a n y public hearing to be held on said improvements, a n d f u r t h e r s t a t e a n d agree that the total. cost of said improvements sh a l l b e s p e c i a l l y a s - sessed against the property described below in a c c o r d a n c e w i t h t h e City's special assessment policies. We further u n d e r s t a n d t h a t t h e • preliminary, estimated total cost for the said i m p r o v e m e n t s i s ' Street Address or other Legal Names and addresses of Petitioners oer rie record) ... Description of Property to be Served J st be /12(jer 41-4- 'CV.. East h of the S.E. )5,.Sec. 10. T.116. R. 22 anesota Tree, Waltdt:Penter Oscoo h). irk 711 C.d ,, A • i; 7c - (For City Use) Date Received k bah,/ Project No. Cou'ail Consideration / /4#12 OM 27 1231 October 19, 1981 Mr. Carl Jullie, City Manager City of Eden Prairie 8950 Eden Prairie Road Minneapolis, Minnesota 55344 Dear Carl: Attached is the petition for sanitary sewer, water, storm sewer and street work for the Sundquist Addition. The sanitary sewer, through this project, is part of the Trunk System and we understand that uin addition to a Trunk Assessment, there will be a Lateral Benefit Assessment equivalent to the cost of an 8" lateral sewer main. Our engineer, James R. Hill, Inc., has estimated the cost of this work to be $350-360,000. We anticipate model construction starting in the spring for entry in . The Parade of Homes in August. Therefore, we urge prompt and favorable consideration by the City Council so that this construction work can be started in the spring and be finished by August, 1982. Respectfully submitted, it .61' Lee W. Johnson 5217 AbercroMbie Dr. Edina, Minnesota 55435 be attachment Street Address or other Legal Description of Property to be Served Names and addresses of Petitioners •dfer r. L 1 . 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 r e a l p r o p e r t y d e s c r i b e d below and herein petition for the Eden Prairie C i t y C o u n c i l t o p r o c e e d with making the following described improvemen t s : (General Location) Sanitary Sewer Sy iv Dcv is 7- Watermein /1 -Storm .''Sewer Street Paving /1 Other ' Pursuant to M.S.A. 429.031,.Subd. 3, the unders i g n e d h e r e b y w a i v e a n y public hearing to be held on said improvements, a n d f u r t h e r s t a t e a n d agree that the total cost of said improvements s h a l l b e s p e c i a l l y a s - sessed against the property described below in a c c o r d a n c e w i t h t h e City's special assessment policies. We further u n d e r s t a n d t h a t a(the preliminary, estimated total cost for the said i m p r o v e m e n t s z..10 0 A ('F AA)cwil /CIA) (For City Use) Date Received Project No. /0/z 114 / 52 -oz i Couiceil Consideration MEMORANDUM Mayor and City Council Parks, Recreation and Natural Resources Commission Carl Jullie, City Manager Bob Lambert, Director of Community Services 'SW October 15, 1981 SUBJECT: Letter from David Gronbeck Concerning Karl Krahl Property Attached is a letter from David Gronbeck, attorney for Mr. Karl Krahl indicating that Mr. Krahl is interested in exploring the possibility of donating a portion of his property located within the floodplain of Nine- Mile Creek to the City of Eden Prairie for open space purposes. This property is located just west of County Road 18 and includes Purgatory Creek and the north side of the creek. This property is shown as future public open space in the Park and Open Space Master Plan, with the possibility of a pedestrian trail along tkle north side of the creek within the floodplain. City staff would recommend that the Parks, Recreation and Natural Resources Commission request the City Council to approve accepting this property with the following condition: - That when the division of the property is made that Mr. Krahl request that all assessments be placed on the parcel north of this site. BL :Ind TO: THRU: FROM: DATE: 2110 David Gronbeck DCVnin 2441 OP covftsa.: THOMAS C. SARTSH ANDREW C. McINTOSH DAVID GRONBECK ATTORNEY AT LAW 270 GRAIN EXCHANGE BUILDING MINNEAPOLIS, MINNESOTA 55415 NoveMber 5, 1981 ARIA Coos 012 721,spHomi 7190.50110 Mr. Rcbert lambert City of Eden Prairie 8915 Prairie Road Eden Prairie, Minnesota 55344 Re: Karl H. Kr:All Donation of Property Dear Mr. Lambert: I have discussed the Above matter with my client, Karl H. Krahl. Mr. Krahl wishes to proceed to make a gift of his real property located in the flood plain of Nine Mile Creek. Therefore, I would appreciate it if you would put the matter on the November 16 Park Commission agenda and the NoVember 17 City Council agenda. I would expect to be attending these meetings as Mr. Krahl's representative. Thank you very such fOk your assistance. Yours very truly. Al-L-vvJakp- Or COUHert.: THOMAS C. BARTSH ANDREW C. McINTOSH DAVID GRONBECK ATTORNEY AT LAW 270 GRAIN EXCHANGE BUILDING MINNEAPOLIS, MINNESOTA 55415 ASIA CODE 012 T LLLLL Ora 3354836 . October 7, 1981 Mr. John Frane City of Eden Prairie 8915 Eden Prairie Road Eden Prairie, MN 55344 Re: Mr. Karl H. Krahl Dear Mr. Frane: Following up on our telephone conversation, I represent Karl H. Krahl who owns some property in Eden Prairie. Mr. Krahl is inter- ested in exploring the possibility of donating this property to the city of Eden Prairie. Mr. Krahl's property is located on 9 Mile Creek. The property identification number is 12-116-22 44 0002. Mr. Krahl previously owned the property described as follows: All that part of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 116 North, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota, described as follows: Beginning at a point in the South line of said Southeast 1/4 of Southeast 1/4, 400 feet West of the Southeast corner of said Southeast 1/4 of Southeast 1/4; thence North in a straight line to a point in the North line of said Southeast 1/4 of Southeast 1/4, 400 feet West of the Northeast corner of said Southeast 1/4 of Southeast 1/4; thence East along the North line of said Southeast 1/4 of Southeast 1/4 to the Northeast corner of said Southeast 1/4 of Southeast 1/4; thence south along the East line of said Southeast 1/4 of Southeast 1/4; thence West along the South line of said Southeast 1/4 of South- east 1/4 to the point of beginning, except a right of way for ingress and egress over the South 66 feet of the North 437.7 feet of the above described premises. In May 1981, Mr. Krahl sold the following described property to CBS Investments: The North 700 feet of the East 400 feet of the Southeast 1/4 of the Southeast 1/4 except the East 33 feet and including right of way for ingress and egress over the South 66 feet of the North 437.7 feet to the above described premises. Section 12 Township 116 Range 22, County of Hennepin, State of Minnesota. 2(017 2.46 Mr. John Frame October 7, 1981 Page Two Therefore, Mr. Krahl is left with property loc a t e d i n t h e f l o o d plain of 9 Mile Creek. This property has some e c o n o m i c v a l u e a n d possible uses as density credit for adjoining p r o p e r t y . H o w e v e r , Mr. Krahl would like to explore the possiblity o f d o n a t i n g t h e property to the city of Eden Prairie. The obj e c t i v e o f s u c h d o - nation would be to avoid the carrying costs of r e a l e s t a t e t a x e s and payment,of special assessments and to secu r e t h e b e n e f i t o f state and federal income tax deductions for th e d o n a t i o n . I understand from our conversation that it is a p p r o p r i a t e t o b e g i n this inquiry with yourself and that you will ge t b a c k t o m e i f additional information or further steps are cal l e d f o r . Thank you very much for your assistance. Yours very truly, CR)j David Gronbeck DG:ck cc: Karl H. Krahl Vif—So ie, Licensing Clerk .2 q50 CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST November 17, 1981 CONTRACTOR (MULTI-FAMILY & COMM.) Landico, Inc. Miley's Sprinkler Systems PLUMBING Fignar Plumbing s HEATING & VENTILATING Ditter, Inc. These licenses have been approved by the department heads responsible for the licensed activity. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MriNESOTA .Ordinance NO. 81-23 AN ORDINANCE DESIGNATING AND REGULATING BICYCLE WAYS WITHIN THE CITY OF EDEN PRAIRIE THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Definitions. For the purposes of this ordinance, the following terms shall have the following meanings: a. City means the City of Eden Prairie. b. Bicycle Way or Bicycle Ways are those designated pursuant to Section 2 hereof. c. Motor vehicle means every vehicle which is self-propelled. Motor vehicle does not include a vehicle moved solely by human power. Section 2. All public sidewalks, trails and paths, or parts thereof, within the City, having an improved surface of concrete, blacktop, bituminous or similar material, but excluding therefrom all streets, roads and highways, are hereby designated bicycle ways pursuant to Minnesota Statutes 5160.263. Section 3. The Director of Community Services shall designate and maintain all bicycle ways by appropriate signs and markings: Section 4. No person shall operate a motor vehicle or ride a horse or other animal on or over the improved surface of a bicycle way within the City, except when crossing the same and except members, employees, or agents of the City while acting as a peace officer or maintaining a bicycle way. Nothing herein shall limit . the use of bicycle ways for pedestrian access or travel. Section S. Any person who violates or fails to wooly with any provisions of this ordinance shall be guilty of spotty sisdenmumr. FIRST READ at a regular meeting of the City Council Of the City of Edon Prairie on the 20th day of October 1981, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1981. ATTEST: Wolfgang H. Fenzel, Mayor runrasu.Eo in the fgen_ppiqc Ncws on the .... *ay of -YUCi To: Mayor and Council From: John Frane Date: November 12, 1981 Re: Final approval of MIDB's Frana and Sons Resolution #81-231 $242,250 Resolution #81-232 $ 48,450 Frana and Sons is asking the Council for final approval of a first and second mortgage on their office building in the Lake Ridge Office Park. The resolutions have been approved by the City Attorney's office. The resolutions will be in the Mayor's signature file Tuesday night. 2 16,2 TO: Mayor & Council FROM: John Frane DATE: November 13, 1981 RE: Final approval MIDB's Valley Place Office Associate - $1,200,000. Resolution 81-235 Valley Place received preliminary approval on July 7,, 1981 for $2,300,000. They are able at present to build only 2 of the 4 buildings they contemplated but intend to construct the last 2 if they are able and would ask theCtty for a second final for up to $1,100,000. The documents have been reviewed by the City Attorney's office. Resolution 81-235 will be in the mayor's signature file Tuesday. Planning Commission Minutes approved October 26, 1981 ALL MEMBERS PRESENT D. CITY WEST, by Richard W. Anderson, Inc. Request to a m e n d t h e Comprehensive Guide Plan on approximately 40 ac r e s d e s i g n a t e d Medium Density Residential to Office, Regional C o m m e r c i a l ; approval of an 87 acre PUD Concept of 'Office, R e g i o n a l C o m m - ercial, and Multiple Residential Uses, and appr o v a l o f a n Environmental Assessment Worksheet. Located ea s t o f n e w S h a d y Oak Road (Co. Rd. 61) and south of Crosstown 6 2 . A c o n t i n u e d public hearing. The Pinner reviewed two plans; 1) the 'flip flo p ' p l a n ; a n d 2 ) t h e O c t . 2 6 , 1 9 8 1 staff recommendation plan. He then stated that M r . P e t e r J a r v i s o f B R W , D i c k Anderson, ADI, and Scott Anderson of ADI were pr e s e n t . Jarvis reviewed ADI's letter dated Oct. 21, 198 1 a n d g a v e a b r i e f p r e s e n t a t i o n . Sutliff stated he noticed one more section of h i g h d e n s i t y r e s i d e n t i a l d e s i g n a t e d on the 'flip flop' plan and asked how many mor e a c r e s t h i s A . T h e P l a n n e r r e p l i e d approximately 12 acres. • The Planner stated that he felt that the most s u i t a b l e p l a c e f o r r e s i d e n t i a l i s located in the center of the site and stated th a t t h e s t a f f r e c o m m e n d a t i o n o f October 26 which changes the high density resid e n t i a l o n t h e w e s t e r n p o r t i o n o f the site next to Shady Oak Road to small offic e a n d p l a c i n g t h e h i g h d e n s i t y residential on the eastern portion of the site w o u l d b e g o o d . H e w e n t o n t o explain that an example of small office would b e t h e L a k e R i d g e O f f i c e P a r k . Sutliff stated that he felt that Lake Ridge Off i c e P a r k i s t o o d e n s e . Bearman asked that the buffer be architectural r a t h e r t h a n d e t e r m i n e d b y w h e t h e r It is office or residential and stated that he felt t h a t t o w n h o u s e o f f i c e s would be better than residential townhouses. Torjesen stated he agreed with lower density alo n g S h a d y O a k R o a d b u t t h a t t h e offices should extend to the bottom of the site a l o n g S h a d y O a k R o a d . Bearman asked that the buffer bearchitecturalra t h e r t h a n p l a n t i n g s a n d s t a t e d t h a t he felt that townhouse offices would be better th a n r e s i d e n t i a l t o w n h o u s e s . Torjesen stated he agreed with Bearman but felt t h a t t h e o f f i c e s s h o u l d e x t e n d t o the bottom of the site along Shady Oak Road. Sutliff asked the proponent if they are familia r w i t h L a k e R i d g e O f f i c e s . J a r v i s replied yes and stated he felt they would work. Marhula stated he felt that the plan which was p r e s e n t e d a t t h e l a s t m e e t i n g w a s well screened and felt that the mall offices sh o u l d n o t e x t e n d t o t h e b o t t o m o f the site and felt that with them extending, conf l i c t s w o u l d a r i s e . Walter Carpenter, 13000 W. 78th Street, represe n t i n g M i n n e s o t a T r e e , f e l t t h a t this proposal should be located in the Major Ce n t e r A r e a a n d t h a t t h i s w i l l be competitive with the MCA. 20W Planning Commission Minutes October 26, 1981 Toriesen stated that he felt that the Oct. 26, 1981 staff recommendation plan Is increasing the overall density of the project more than the Guide Plan designates. Jerry Speilman, 6601 Golden Ridge Drive, stated he felt this project should be located in the Major Center Area and also felt that it would be competitive with the MCA. Dick Feerick, 6518 Leesborough Ave., stated he would like more residential on the site. Ken Eleersdorf,onbehalf, of Len Uherka, 6301 Shady Oak Road, stated he was concerned about the best location for residential - in the center of the site versus on the outer edges. Jam Gerecke, 6622 Golden Ridge Drive, stated she supports the Guide Plan as is, and felt the plan should be according to it. Mack Hyde, representing an owner in the MCA, felt that an Environmental Impact Statement should be prepared for this site. The Planner stated that that decision is up to local government to decide and stated that the EIS process is made for Orojects that will have a state wide impact. John Gertz, The Preserve, stated he greed with the comments made by Mr. Carpenter and Feerick. Marhula asked small office to be defined. The Planner replied 2 story buildings, or buildings that are 10,000 square feet and under FAR. Torjesen stated he felt that the staff recommendation plan dated Oct. 26, 1981 will leave the site more dense than what the Guide Plan shows. The Planner stated that the Guide Plan allows for almost 300,000 sq. ft. of office on the site and allows 50% FAR coverage which would be 6 acres of buildings on one of the sites on the western portion of the site that are designated high density residential. He further stated that the original proposal was 3 times more dense than the Guide Plan allows and this proposal is now 2 times the density Torjesen stated that he would like the areas on the western portion of the site to be medium density residential rather than high density residential or office. Gartner asked how the proponent felt regarding small offices. Jarvis replied they are comfortable with that idea. MOTION 1 Hallett moved to close the public hearing on City West PUD. Retterath seconded, motion carried 7-0. MOTION 2 Hallett moved to recommend to the City Council approval of the Guide Plan Amendment dated July 15, 1981 as per the staff recommendation dated October 26, 1981 modified as follows: change the high density residential along Shady Oak Road to be small office, (i.e., 2 story building, 10,000 sq. ft. and Underoffice building) retaining the high deuity residential piece in the center of the site. Retterath Planning Commission Minutes -3- October 26, 1981 AMENDMENT Sutliff moved to make the high density residential along Shady Oak Road be made medium density residential retaining the high density piece in the center of the site. Torjesen seconded, motion failed, 2-5. Sutliff and Torjesen voted aye. AMENDMENT Torjesen moved to amend the motion making the small office along Shady Oak Road to be medium density residential retaining the high density piece in the center of the site. Gartner seconded. DISCUSSION ON AMENDMENT Gartner stated she did not feel that medium density residential was appropriate. Hallett asked if medium density residential is more appropriate for that portion of the site. The Planner replied he felt that high density residential would be better than medium density residential. VOTE ON AMENDMENT Amendment failed, 1-6. ' VOTE ON ORIGINAL MOTION WITHOUT AMENDMENT Motion carried 7-0. MOTION 3 Ha lett moved to recommend to the City Council approval of the PUD dated July 15, 1981 as per the staff recommendation dated October 26, 1981 with the same changes as in motion 2. Retterath seconded, motion carried 7-0. MOTION 4 Hallett moved to recommend to the City Council approval of the Environmental Asses- sment Worksheet dated Revised Oct., 1981 subject to revisions as per the October 21, 1981 revised plan and the staff recommendation dated October 26, 1981. Retterath seconded, motion carried 7-0. approved October 13, 1981 Bearman announced the City West proposal by Richard Anderson, I n c . , I s , at this time, a request to amend the Comprehensive Guide Plan o n approximately 40 acres designated Medium Density Residential to O f f i c e , Regional Commercial: approval of an 87 acre PUD Concept of Office , Regional Commercial, and Multiple Residential Uses, and approval o f a n Environmental Assessment Worksheet. Located east of new Shady Oa k Road ( Co. Rd. 61), and south of Crosstown 62. This is a public h e a r i n g . Enger mentioned that this item was published In tfie Eden Prairie p a p e r recently as a public hearing and request for rezoning, but since t h a t publication the proponent withdrew the request for rezoning and i s seeking the above request. Enger introduced those present on behalf of the proponent as fol l o w s : Peter Jarvis (BRW Architects), Dave Sellegren (Larkin, Hoffman A t t o r n e y s ) , Richard W. Anderson (President, ADO, Arljs Pakains (BRW), and Craig Anderson (Vice President, ADI). Peter Jarvis proceeded with the presentation of the revised prop o s a l . The developer wishes to respond to the changes made through com m e n t s and concerns coming forward at the last Planning Commission mee t i n g . (from Staff, members of Commission, neighbors), and recent City C o u n c i l meetings and public meetings. Jarvis proceeded to explain the changed amendment to the Compre h e n s i v e Guide Plan at the land use level. The changes include reductio n o f Regional Commercial category (Parcel 3) and the switch to Offic e / Regional Commercial (Parcel 5) is in response to the City's concern of too much Regional Commercial on the site in terms of being c o m p e t i t i v e with the Major Center Area (M.C.A.). Jarvis explained that the regional commercial planned on this site is for the purpose of s u p p l y i n g supportive services to the area (including this development, Op u s I I , Shady Oak Industrial Park, Flying Cloud Drive, etc.) east and s o u t h , and will include restaurants, travel agencies, hotels, etc., a n d n o t . to complete with M.C.A. services (shopping, gas stations, groc e r i e s , e t c . ) . It is hoped that the regional commercial services will provide a service function to the daytime population and would minimize tri p s t o and from the site during the day. Jarvis explained the change to High Density Residential/Office ca t e g o r y (Parcels 4, 7 and 8), and said this is in response to the Plannin g Commission's concern that there is a need for residential in this area. The mixed use designation (RH/0) will allow the flexibilit y o f mixed use based on how AD1 would perceive the marketing of that p r o p e r t y . The high density residential is seen as condominium, multiple sto r y ( 6 ) , terraced housing with east/west orientation. Planning Commission Minutes ALL !PIERS PRESENT QA. CITY WEST aqs? Planning Commission Minutes • -2- October 13, 1981 In terms of the Development Concept, Jarvis cited net acreages for the different categories as follows: High Density Residential/Office 9 acres Office 47.5 acres Regional Commercial 12.5 acres Major Open Space 10.6 acres Street, right-of-way 7 acres Jarvis addressed the revised site plan and reviewed the Internal pathway system proposed and the connection to the City's,trail system. This designation came about as a result of the Parks, Recreation and Natural Resources Commission concern that the developer 4bould state his intent In this area. The site plan shows an interior path system (approximately 1 mile) to interconnect with the eventual Shady Oak trail system. Jarvis discussed a change in the surface parking situation in the way of a ramp system which will be constructed coincident with each phase of development. He also outlined additional ramps that would be built Ii, In the City's judgement, the developer needs to conform with code and allow more parking spaces. The developer would like to propose 3.6 spaces per 1,000 square feet of floor space (City code Is 5/1,000). The developer Is proposing to put approximately 25$ of the parking underground or in ramps. That figure could change If the City requires proof of parking increases. Jarvis stated that the proposed Floor Area Ratio (FAR) is .37 or roughly over 1/3 of the property. Hard surface area is 12.2 acres of 26 total site acres. This Is 48$ of the total area. In summary, Jarvis asked the Commission to take into account several changes that have taken place in the past 10 years adjacent to or near this site: 1) Opus II has occurred adjacent to the site which is approaching 4,000,000 square feet with a capacity of approximately 6,000,000 square feet. This has attracted a tremendous number of companies that were previously scattered all over the Minneapolis area and has focused a lot of offices back to the southwest quadrant. Many companies have moved their regional and corporate headquarters to Opus II. This has created a market opportunity that this plan is attempting to respond to, and this proposal Is seen as an extension of and complimentary to the M.C.A. 2) The small electronics, computer oriented, software service firms have been the dominant market segment that has come to ADI In terms of locating in this area. Many of these companies seems to be Interested in this area because of the close proximity to their other divisions located eith in Opus II, Shady Oak Industrial Park, or the County Road 18 corridor. Planning Commission Minutes October 13, 1981 3) The eZtension of the 62 Crosstown is a closer reality today t h a n In the past in terms of funding. Enger referred to Staff Report of October 8, 1981. Enger elabo r a t e d on the major land use questions Staff feels are pertinent to th i s request. 1) Does this project compete with the M.C.A. or does this land use f i l l a related need to the industrial parks that had not been anticip a t e d ? Staff feels the developer should substantiate the clain that thi s area fills a need which is unique to this site and cannot be duplicated elsewhere in the City. Staff is supportive of the regional commercial being proposed for this area. 2) Does the land and public utilities framework have the capacity t o handle the change In land use? Staff would like to have a more detailed understanding with the developer as to how much of the Shady Oak Road upgrading he wou l d be responsible for. Staff suggests Council order a feasibility study prior to rezoning requests so costs can be apportioned an d assumed. This could be done by an Independent engineering firm that the sCity would hire. 3) Should residential be included as shown on the Guide Plan? • Staff agrees that the center of the site offers the best place for residential as it is buffered from the impacts of the . .surrounding roads. Staff also feels the limited residential proposed might make more sense than the extent of residential shown in the Guide Plan because there are no parks or neighborh o o d services planned to accommodate an extensive residential popul a t i o n . 4) Should Regional Commercial be a use included In this land use p l a n ? Staff is in agreement with the proposal as the uses are suppor t i v e to this office park. Enger addressed the parking issue. He noted that the develope r i s proposing 3.6 parking spaces per 1,000 sq. ft. of floor area. T h e ordinance requires 5. Staff concurrs with parking ramps as a d e s i r a b l e way to develop the site to reduce the amount of hard surface ar e a , b u t In order to keep a handle on the issue, when a zoning request com e s i n ' it is only for Phase I and prior to Phase II the City would ev a l u a t e the parking in place in Phase 1 and ascertain any problems. I f t h e r e were problems, Phase 11 would proceed at a lower square footage of office space so the total amount of parking would be 5 per 1,000 sq. ft. 2459 Planning Commission Minutes October 13, 1981 Enger reviewed the 3 alternatives the Planning C o m m i s s i o n m a y w a n t t o consider. These alternatives are listed on pag e 5 o f t h e O c t o b e r 8 , 1981 Staff report. Staff is recommending alter n a t i v e # 2 , w h i c h a l l o w s the developer to get started under the Compreh e n s i v e G u i d e P l a n , b u t allows the City the comfort level of retaining r e s i d e n t i a l w i t h i n t h e plan. Torjesen asked how Staff considers the medium d e n s i t y r e s i d e n t i a l a s shown on the Comprehensive Guide Plan the same a s t h e p r o p o s e d h i g h density residential of this proposal? Enger s a i d t h e G u i d e P l a n s h o w s 33 acres medium density residential and this p r o p o s a l s h o w s 2 4 a c r e s high density residential. He feels it balance s o u t b e c a u s e i n s t e a d o f having fewer units on more acreage you have mo r e u n i t s o n l e s s a c r e a g e which in Enger's opinion is the same thing. Torjesen said Staff is suggesting a radical c h a n g e I n t h e d e n s i t y w h i c h does not make the plan in conformity with the G u i d e P l a n . Bearman led the discussion away from the issu e o f G u i d e P l a n c h a n g e s because the City has changed the Guide Plan man y t i m e s s i n c e 1 9 6 8 . Bearman said the Commission should look at proj e c t s a s p r o j e c t s - - a n d ask the question, does the plan fit the site an d p r o c e e d f r o m t h e r e . Engor said he understands Torjesen's point, and t h a t t h e r e i s a d i f f e r e n c e between 36 acres of pure residential and 24 acr e s o f r e s i d e n t i a l a n d 12 acres office. Enger said he Is in agreement w i t h t h a t p h i l o s o p h y . Torjesen stated at this point that Enger should r e t r a c t t h e s t a t e m e n t from the Staff Report which states the categori e s RMD and RH0/0 are the same. Enger reread the first alternative (p. 5 ) a g a i n a n d s a i d h e would agree to change the last sentence to rea d : " I n t h e P l a n n e r ' s opinion, this would leave the plan in conforman c e w i t h t h e C o m p r e h e n s i v e Guide Plan." Torjesen remained in disagreement . Torjesen stated that so far no one has mentione d t h e r e s i d e n t i a l occurring on Shady Oak Road north of Crosstown. He made reference to Fazendin Homes development' which Is a very suc c e s s f u l , m e d i u m d e n s i t y residential area running from the Crosstown al l t h e w a y d o w n t o S h a d y Oak Lake. That area, coupled with residential i n t h e R e m b r a n d t p r o p e r t y , Golden Ridge and around Bryant Lake Park, seems t o f o r m a n a t u r a l corridor of medium density residential. There s e e m s t o b e a d e m a n d f o r It. Torjesen said he would like Staff to look in to w h y i t i s , o n t h e Minnetonka side there Is sufficient demand for m e d i u m d e n s i t y r e s i d e n t i a l development, and on this side of the Crosstown w e a r e w o n d e r i n g w h e t h e r or not there is sense in considering medium de n s i t y r e s i d e n t i a l . Enger said he is not alligating that medium d e n s i t y r e s i d e n t i a l w o n ' t work here--he said it can. He said in looking a t t h e l a n d u s e p l a n , how can you introduce residential into this p r o p e r t y I n a p r o p e r p l a c e In significant numbers? In Enger's opinion, high d e n s i t y r e s i d e n t i a l In the most desirable location on the site Is one w a y t o d o t h a t . ZIG() Planning Commission Minutes October 13, 1981 Torjesen said his favorite plan to date is in Enger's i n i t i a l S t a f f Report where medium density residential Is along Shad y O a k R o a d a n d higher office uses along TH169. Bearman commented that the City has made a major comm i t m e n t t o t h e M . C . A . as far as tax increment financing, etc. In his opini o n , t h i s p r o p o s a l is a distraction as far as an amount of 33-1/3% addi t i o n a l o f f i c e s p a c e . Bearman continued that if the ring road network is b u i l t , i t m i g h t take.4 minutes instead of 7 minutes to get to the M. C . A . s e r v i c e s f r o m Opus 11, etc., so travel time is not a big issue. Enger commented that providing commercial to a major o f f i c e p a r k / Industrial area is analagous to providing community c o m m e r c i a l t o a residential neighborhood. Bearman commented that, in light of his concern abou t t h e i m p a c t o f such a development on surrounding areas, perhaps offic e d o e s n ' t b e l o n g here at all even though the Comprehensive Guide Plan s h o w s i t . I n o t h e r words, let's not narrow our scope just because of what t h e C o m p r e - hensive Guide Plan shows. Bearman asked If a hotel has been considered in Eden P r a i r i e a n d w h e r e . Enger said one was considered on the Condon-Naegele pr o p e r t y , a n d another where•the Y-View Motel was. Bearman questione d i f o n e o f those plans were carried out, Is there a need for 2 ho t e l s s o c l o s e . Resident Phyllis Redpath, 9745 Mill Creek Road, had se v e r a l c o m m e n t s : 1) All the changes In the Guide Plan over the last severa l y e a r s that Bearman cited, were upgrading steps not downgr a d i n g a s i n t h e case of this proposal, 2) Disagreement with Enger when he said there Is more mon e y n o w f o r the 62 Crosstown to be continued, 3) Feels this proposal is in definite conflict with the M . C . A . , 4) She has never known planners and developers to put in s e w e r a n d roads and then ask for zoning (especially with the kin d o f a c r e a g e In this development), 5) She is aware of housing going In east of 62 toward Ed i n a . Resident Jan Gehrke, Golden Ridge Drive, commented t h a t i n a l l t h e h o u r s of presentations heard from the developer, she has y e t t o h e a r a g o o d reason why the Comprehensive Guide Plan should be ch a n g e d . Resident Perry Stillman, 6601 Golden Ridge Drive, co m m e n t e d t h a t h e i s interested in the idea of residential along Shady Oak R o a d a n d r e g i o n a l commercial along 169. He expressed concern that with t h i s l a r g e a n o f f i c e complex or hotel, etc., it will be in direct competiti o n w i t h t h e M.C.A. which is costing every resident In Eden Prair i e m o n e y i n s u p p o r t of it. Perhaps small office space Is warranted, but n o t o f t h e g r a n d e u r being proposed here. .2 L1L1 Planning Commission Minutes October 13, 1981 Resident Warren Gehrke, 6622 Golden Ridge Drive expressed concern as to what happens to the adjoining property, such as the parcel east of the Honeywell site that is presently International Student Village. Also, what will happen west of Shady Oak Road. What does this development mean for those people, and the potential of what they can do with their property. Jarvis made several closing comments. In terms of "competition" with the M.C.A.--the developer is not saying that the sole purpose of this office development.is to support Opus II/ Shady Oak Industrial Park. There are some suppoctive aspects in terms of commercial services. The difference in commuting to the commercial services from these office parks (Opus II, Shady Oak, porposed City West) is not the time of 5 or 7 minutes, but of making those kinds of trips 500± times per year and the effect on energy consumption. Jarvis asked the Commission to look at this positive aspect of "competition". If this Commission and the City Council were principally Interested in implementing the Major Center Plan, they should approve this plan. The reason being, that in the eyes of most businesses in the Metropolitan area, Eden Prairie Is not the commercial place TO be. The prime reason for this is there has been no activity in Eden Prairie except for the premature shopping center built 7-8 years ago (in terms of market). This development has a positive effect on the M.C.A. because it raises people's awareness of Eden Prairie in terms of a place to do business as well as a beautiful community to live In. In these respects, Jarvis sees competition as healthy. He also added that 2 hotels would be an advantage to the area in that there would be more accommodations for meeting rooms, restaurants, etc. Jarvis referred to the housing question. ADI has no intention of building housing units. The property will go up for sale to residential builders and it will be those builders who will initiate rezoning. . Jarvis commented on the mixed use category. Eden Prairie has used it ' a number of times on the overall Guide Plan for the City. Jarvis referred to the issue of Shady Oak Road frontage and the effects of this development on adjacent neighborhoods. If one looks at the present Guide Plan, note that only 350-400 feet of frontage are not already up against an office category. Hallett expressed positive feelings toward this development and feels the proposal makes sense. Marhula feels the competition effects on the M.C.A. are positive. He further stated that the real issue here is a land use question. Marhula has heard from real estate people and developers throughout the Metro area that feel thereis a lot of good land in Eden Prairie but one can't get there. If one can get there, you have to drive through an industrial or commercial area and that detracts from some very valuable land that we have. 62 Lit 2 .24163 Planning Commission Minutes -7- October 13, 1981 Marhula asks for consideration as to what effe c t s t h i s u s e m i g h t h a v e on the desirability of the residential in the a r e a . A l s o , t h e f a c t of driving f mile or so through industrial/co m m e r c i a l t o g e t t o t h e high density residential area should be evalu a t e d . H e e s p e c i a l l y expressed concern for the easterly point of t h e t r i a n g l e , which is not owned by ADI and what impact this development h a v e o n f u t u r e l a n d use in that area. Marhuia said he would'support the project If t h e M i k e / c o m m e r c i a l area is being situated where it is because of g o o d p l a n n i n g a n d n o t Just an.effort to satisfy the Guide Plan. Torjesen said he believes in competition as wel l . In terms of what we want in Eden Prairie, Torjesen feels the closest a n s w e r I s , t h e Guide Plan. Eden Prairie does not want to restrict g r o w t h b u t i t doesn't want to encourage growth per se. The City w a n t s b a l a n c e d growth. Also, the City wants to be consistent. Peo p l e w h o b u y l a n d and look at the Guide Plan should have a fair sen s e t h a t u n l e s s t h e r e are overwhblming reasons, the City will follow th e P l a n . Torjesen stated several problems he has with th e C i t y W e s t p r o p o s a l : 1) There Is more density than the community thoug h t i t i n t e n d e d t o put there. 2) if there is such pressure for the types of land u s e s w e a r e b e i n g asked to consider, why is the medium density re s i d e n t i a l t o t h e north so successful and is even expanding? 3) We do want to maintain the integrity of our res i d e n t i a l a r e a s . 4) Torjesen would like to see Enger's original pr o p o s a l o f r e s i d e n t i a l along Shady Oak Road and regional commercial a n d o f f i c e a l o n g t h e freeway. MOTION: Torjesen moved to recommend the City W e s t p r o p o s a l b e r e f e r r e d back to Staff to work with the developer to co m e u p w i t h a p l a n f o r medium density residential along Shady Oak Ro a d . G a r t n e r s e c o n d e d t h e motion. The motion carried 4-3-0, Sutliff, Re t t e r a t h , G a r t n e r a n d Torjesen voting aye; Bearman, Hallett and Marh u l a v o t i n g n a y e . DISCUSSION: Enger asked what the date certain for conti n u a t i o n o f t h i s public hearing would be. Jarvis said they wou l d b e p r e p a r e d t o b e on the Agenda October 26, 1981. _ OCT 26 STAEERECOMMENDATION MUNI 11 ...... .. • Development Concept • ( •••••••• • -...* ....... e'..Z ..;r11, • TT 'RESIOEN1JAI.II .t 7t-.7.,..L„,"-Th : 17, OFFICE/ . if 1 .._ REGIONAL i.0*/ COMMERCIAL' ) • .../. / r....\) . I Rol \\VTJVP ADI •11114E 26, 111111 REVISED: 9/29/61 PPionv •••••n • rem. Dom.. .241,11 ----- 77 60 , • - 6 - . ' • 1 I , Rowe It Development Concept .••7" / if HiGH DENSITY --.7.. • RESIDENTIAL ----,, , MAJOR , ' — SPACE OE k .... n 'III 1,„,n:,..%.,:. ! eV C7 1\Y u1/4 \ Mai -3st • ADI 1100.• -- JUNE 211, 111111 REVISED: 9/29/S1 .F.L.71-A BRW gOLS 01iGINACSTAFF 'FLIP FLOP' OF GUIDE PLAN \ z DCT 6::-PLANNING COMMIS--SIN RECOMMENDATION Ail Development , " / '''''' Concept 1. ....... Oran oc114TT mot:400W ...... MAJOR OPEN , SPACE HIGH DENSITY RESInENTIAL NIGH DENSITY RESIDENTIAL I OFFICE Loiwo ,DF,Nff Esti OFFICE Cy ‘. \ • moor, cv.••• 5. 4 OFFICE/ /, REGIONAL COMMERCIAL/ .1470171, 1061 610660 PillS II 70 •I 11•11 ,•1 -0) n 8.ew STAFF REPORT TO: Planning Commission FROM: Chris Enger, Director of Planning DATE: October 8, 1981 PROJECT: CITY WEST APPLICANT: Richard W. Anderson Inc. REQUEST: Revision of the Comprehensive Guide Plan of approximately 40 acres of medium density residential to Regional Service and Office uses. Approval of a Planned Unit Develop- ment of 87 total acres made up of Office, Regional Commercial, High Density Residen- tial and Open Space Uses. LOCATION: In the northeast portion of the community, bounded on the south and west by new Shady Oak Road and on the east by US 169/212. REFER TO: August 6, 1981 staff report; July, 1981 Development Brochure; Revised Proposed Land Use; Development Concept; Illustrative Site Plan, Phase I Dimensional Site Plan (Revised 9/29/81); 1979 Comprehensive Guide Plan; and Ord. 135. BACKGROUND This project was originally to include rezoning of Phase I to accommodate a 424,000 square foot office building. This rezoning request has been withdrawn. The Planning Commission reviewed this item at their August 10, 1981 meeting and recommended denial of the request for revision of the Comprehensive Guide Plan. Because both the PUD and the rezoning werepredicatedupon the Guide Plan change, the Planning Commission did not review the specific details of the project. Because there was no specific recommendation made on the rezoning request, the proponents elected to withdraw the rezoning request at the September 1, 1981 City Council meeting. At that meeting, the City Council 'felt that a detailed review of the PUD by the Planning Commission could have an effect on the decision of whether or not the Comprehensive Guide Plan change was warranted. The Council, therefore, referred the item back to the Planning Commission for a detailed review and recommendation. At the same time, the Council expressed concern about: the apparent speculative nature of the plan, and the density of land coverage on the southern portion of the site. Staff Report-City West page 2 With the benefit of Council, Commission, resident, and staff i n p u t g a i n e d from these meetings, the developer has made revisions to the l a n d u s e a n d site plans in order to reflect many of the concerns. These changes are summarized below: ' 1) The open space in the land use plan has been reconfigured s o t h a t it is now consistent with the 1979 Comprehensive Guide Plan. 2) The possibility of residential has now been introduced into t h e center of the site three sites, totalling 12.5 acres, as high density residential. If the sites were developed at 30 units p e r acre (375 units) this would be consistent with the Guide Plan designation of 36 acres at 10 units per acre. 3) The area adjacent to 169/212 origirally requested as Regional Commercial for a hotel, is now requested as either Office or Regional Commercial. 4) The request for rezoning of Phase I has been withdrawn pendi n g a more specific site plan. 5) The site plan for Phase I has been modified to include parki n g ramps to allow less ground coverage, and more open space, as w e l l as different levels of parking to mitigate the impact of suc h a large parking lot. — This additional open space will include substantial area for screening of the parking from Shady Oak Road and green space around the lots, in excess of the required setbacks. These were all items requested in the August 6, 1981 staff r e p o r t . 6) The EAW has been revised to reflect the plan changes. 7) The developer has agreed to bear a 'fair share' assessed cos t of necessary Shady Oak Road improvements. LAND 'USE BACKGROUND To gain a clue as to how the 1979 Guide Plan came about for u s e s i n t h i s area, it is necessary to 160k at the background of plans for t h i s a r e a . • The 1968 Guide Plan showed high density residential on the no r t h a n d s o u t h end of this site with Community Retail Service, churches and a l i b r a r y along the Shady Oak Road frontage. An area in the center of t h e s i t e w a s schematically shown as open space. You will notice, the bala n c e o f t h e site was shown as industrual which contemplated the removal o f t h e h i g h wooded knoll adjacent to the 62 Crosstown and 169/212. (see F i g u r e 1) In 1971, a PUD was approved of mixed land uses, made up of O f f i c e a n d Highway Commercial on the northern portion of the site, with N e i g h b o r h o o d Commercial and Office along Shady Oak Road down to Rowland R o a d . T h e balance of the site was housing. (See Figure 2) ago page 3 Staff Report-City West The new Comprehensive Guide Plan was begun in 1975. The Guide Plan Map generalized .the land uses as you see them in the Guide Plan today. (See Figure 3) In 1979 D.H. Gustafson proposed a plan (PUD as shown in Figure 4) similar in concept to Anderson's current plan (with the residential included) which was recommended for approval by the Planning Commission, but the request was withdrawn prior to Council action. The past approval of the Planning Commission to a very similar land use plan is very important in consideration of the current plan. Therefore, the 1979 Guide Plan actually reflects land uses as they were expected in 1971. We actually have a plan that is 10 years old. The question is; is the Guide Plan too general for this area and is it still valid according to today's facts? Three major influencing forces affecting land use on this site are: 1) Opus II; development of Opus II did not exist in 1971 and was barely started in 1975. 2) Shady Oak Industrial Park; this development did not exist in 1971 or 1975. 3) 62 Crosstown; the extension of the Crosstown is now budgeted for the first time, making it a much more real possibility. With the industrial parks in place, we now find an associated need for office space and commercial services. It is inconsistent with our planning policies to expect these industrial areas to be served by related uses in the Major Center Area; it is too far removed to be efficient. Five major land use questions regarding this request are: 1) Does this project compete with the Major Center Area or does this land use fill a related need to the industrial parks that had not been anticipated? The developer should document a tennant profile to substantiate the claim that this area is supportive and related to the in dustrial parks and fills a need which is unique to this site and cannot be duplicated elsewhere in the City. If the Developer cannot adequately demonstrate this at this time, he should be willing to proceed with land use approval in stages to establish a performance record upon which future requests would be based. 2) Does the land and the public utilities framework have the capacity to handle the change in land use? Sewer, water and storm sewer capacity can be engineered properly to accommodate the proposed land use. The road system will need to be upgraded in stages as the project proceeds. Since the developer is not requesting zoning or platting at this time, road upgradings can be dealt with at each stage of the project. (See pages 53-54 of the development brochure) 9 ( • 1968 CCMPREHERSIVE GUIDE PLAN FIGURE 1 i. —cROSSTOWN p MI.:1917M DENSITY. - 1 t ', .............................,...........,,,..,........— ,:"4 n...”................ . • '',,. i' . i.. •:: • : , • 1. .. •• '.I • Nr.u-- ..,r,oR noon SHOPPING • ^ . •••••••••• ..;'• • ff EASEMENT 111011 DENSITY HOUSING n I 0.,..n•,./uot•sei• Oaf OA," PUBLIC OR SI,N1I-PU RUC SCENIC • EASEMENT OFFICE' • MEDIUM DENSITY; ' HOUSING , .••%. • P.., • ....sup*. Mal . A.. • ••.11•••• •••••n •01 ..... •••••• • Up. • •••••n •••••,) •I Y.. • NM I AUGUSTA .FSON ASSOCINC LAND USE PLAN ••n ••••••.. REVISED MAY. 1971 FIGURE 2 2ea), • ....1.971..AP,PilQV,ED,P.L AN... . • N:tr, • • •• , • • „. • • • • • . I 1979 COMPREHENSIVE GUIDE PLAN ,. FIGURE 3 — c it o S STO W N Nu, • 1979 Planning tormilission Approved ••,; / - . 1 Gen. .Office - , „ACM 12.b e 4""s _ •, • z . . . D.II GUSTAVSON & ASSOC. 1 NC. INV.1,14M1Anol•ed. 01,1,...”11 10.1.0[101 m• d Staff Report-City West page 4 3) Should residential be included as shown on the Guide Plan? The proponent has modified his land use plan to include the possibility of 12 acres of high density residential. We agree that the center of the site offers the best buffering from the impacts of the surrounding roads. There is no neighborhood park site for this area and any residents located here would be isolated from neighborhood recreational facilities. (A neighborhood park is ususally planned for 5,000 people). With a possibility of 5,000 to 8,000 people ultimately working in this total triangle area, one may seriously question the impact of providing housing for less than 1,000 people (as the Guide Plan shows). 4) Should Regional Commercial be a use included in this land use plan? Yes. Regional Commercial uses which are supportive to this office park (i.e. restaurants, hotel, sports and health club, day care, personal service, etc.) are an important and integral part of the plan which should actually lessen traffic leaving the site at certain times. For thousands of workers to have to leave this park by auto for lunch is ridiculous. The hotel also seems very supportive to this project as well as other uses mentioned. The more balAced the commercial services are in relationship to the total office park, the less pressure on surrounding lands to provide these services. FIRST PHASESITE PLAN As mentioned earlier in the report, the parking for Phase I has been modified to include parking decks in order to free up more open space. The proponents approach to parking for Phase I is as follows: 1) Request rezoning in the future for Phase I (184,000 sq. ft) only. Provide parking at 3.64/1000 sq. ft. at grade, with one deck of parking initially. 3) Prior to request of rezoning for Phase I Expansion, Phase I parking would be evaluated for adequacy and if inadequate: either parking ramps would be added to bring it to 5/1000 or Phase I Expansion building would be reduced in square footage in order that at grade parking would be provided at 5/1000. This would bring the square footage of the building down from 424,000 to 308,000. 4) Request rezoning for Phase I Expansion with corrected number of parking stalls. SUMMARY The proponent is requesting a Comprehensive Guide Plan Change and PUD on his 87 acre site to allow 12.6 acres of Regional Commercial or Office, 55 acres of Office and 12 acres of Office or High Density Residential. This is a change from the Guide Plan which contemplates approximately 15 acres of Office and 40 acres of Medium Density Residential. 209 Staff Report-City West ' page 5 No preliminary plat or zoning is requested at this time. Following are some alternatives the Planning Commission may want to cons i d e r . 1: If the Planning Comthission feels that the project as proposed compe t e s with the M.C.A. and does not feel this is appropriate: recommend approval of the plan with the three RH/0 sites as high density residen - tial and changing the Phase I Expansion site to high density residenti a l . This would leave the plan in conformance with the Comprehensive Guide Plan. 2. If the Planning Commission feels that the project may represent a justifiable change to the Guide Plan and fulfills a supportive use to the northeast industrial parks, but, is not convinced of the need for the total amount of office as planned: recommend approval of the plan as submitted, changing the RH/0 to RH, recognizing that the developer may return to the City in the future for redesignation of the three RH Sites to Office. The advantage of this approach is that it allows the developer a chance to get started and prove his case through actual" • performance. By changing the RH/0 sites to RH, it protects the City from unwanted Office in the event the developer cannot support his premise that this area is supportive and related in use to the nearby industrial parks. 3. If the Planning ComMission is confident that the plan as proposed is justified: recommend approval of the plan as proposed. Rezoning and platting requests would follow which would require staging of public improvements and assessing of responsibilities. The Planning Staff would recommend alternative 02. CE:ss STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT AND FEE OWNER: REQUEST: PROJECT LOCATION: REFER TO: Planning Commission Chris Enger, Director of Planning August 6, 1981 CITY WEST Richard W. Anderson, Inc. Planned Unit Development Concept approval for 87 total acres, made up of 17.5 acres of com- mercial and 69.5 acres of office. Rezoning of a 26 acre tract from Rural to Office District with variances to permit a building, up to eight stories, of 424,000 sq. ft. In the northeast portion of the community, bounded on the southwest by new Shady Oak Road and on the east by US 169/212. July, 1981 Development Brochure; 1979 Guide Plan; Ord. 135 BACKGROUND The 1979 Comprehensive Guide Plan illustrates Office at t h e v e r y n o r t h w e s t corner of this piece on up to the 62 Crosstown. The central portion of the site, around the lowland areas a n d p o n d s , i s designated as open space and; the bulk of the site along t h e e a s t i s d e s i g - nated medium density residential (up to 10 units per acre ) . The developer is proposing a change to our Comprehensive G u i d e P l a n t h a t would expand the office, reduce the open space, and repla c e t h e m e d i u m density residential with regional service comaercial. The developer points out that commercial and office uses w o u l d b e m o r e c o m - patible with US 169/212 than residential. This is probab l y t r u e ; p e r h a p s in this area the land use locations should be swapped, so t h a t t h e r e s i d e n - tial is toward Shady Oak Road and the office toward US 16 9 / 2 1 2 . Let's examine the possible impact of changing the Guide P l a n a s p r o p o s e d . 1. There would be a reduction in the amount of open space ca l l e d f o r i n the Guide Plan. 2. Land which would accommodate up to 400 units of residenti a l w o u l d b e replaced by commercial and office. 3. Shady Oak Road would have to be upgraded tofour lanes with t r a f f i c s i g - nals. • aos Staff Report-City West . page 2 4. Land uses near the project realistically would change. The 451" acres northeast of the site would also be office or commercial. The land lying to the west of Shady Oak Road would change from medium density residential to office or commercial and the low density, west of Old Shady Oak Road,would be upgraded to accommodate medium density residential. 5. We currently have approximately one million square feet of office space constructed in Eden Prairie. The majority of this space is owner occupied. However, we have given approval to over three and one-half million additional square feet of office space. A great deal of this figure may be spec space. With new offices being built downtown and with additional acreage now available in prime locations, (Met Stadium), the absorbtion rate of three-quarters of a million square feet of office space not contemplated in the Guide Plan is open to question. 6. The impact of this project on the Major Center Area should be con- sidered. 7. The Guide Plan Amendment, if approved, must also be revieweeand approved by the Metropolitan Council. 8. The uses contemplated will require vast flat areas of impervious sur- - face for parking and building. This will completely alter the sharply rolling topography of the site. 9. Because there are more than 2,000 parking spaces planned, an indirect source permit will be necessary from the P.C.A. On the flip side of this issue: 1. The property has very good access to high capacity road systems, and with some improvements to Shady Oak Road, an ideal road system would exist for high volume, regional access to the property. This road system would not be fully utilized with housing. 2.. The housing area shown in the Guide Plan is not as desireable a loc- ation, because of the proximity to high volume roads, as other places in the community. Since we have a high percentage of low density re- sidential land designated in the Guide Plan, (the absorbtion of which is questionable), upgrading some of this land to medium dellsity would seem reasonable. 3. Opus II to the north of this property and Shady Oak:Industrial Park to the east, make this property a candidate for additional office develop- ment. ZONING The existing zoning on the site is Rural. TRAFFIC SYSTEMS The developer is proposing a four lane, internal road to serve the property. aq'14, Staff Report-City West page 3 . We have met with'Hennepin County Highway Department, but have not yet received their written comments. However, the County agrees that: 1. Shady Oak Road must be upgraded to four lanes. 2. Double left turn lanes may be necessary both in and out of the development at the City West northern entrance. 3. Signals will be necessary as illustrated on Figure 16 in the develop- . ment brochure. 4. The parking lot entrance opposite Rowland Road should be right-in right-out only. • 5. All parking lot entrances to the central loop road should be at least 300' back from the intersections with Shady Oak Road. 6. The County is considering whether or not the northern frontage road adjacent to 62 should be right-in right-out only. City Staff is suggesting that the distance between that frontage road and the on-ramp to 62 is 325 and if distance is the problem, that the distance be in- creased, but that the road be left two-way. Hennepin County does, not have any of these improvements scheduled within their 5 year C.I.P. We would suggest that the developer petition for the road improvements and the City Council would determine if a feasibility study would be done to determine and assign cost. PEDESTRIAN SYSTEM No pedestrian system is proposed. Since Opus II has constructed an elaborate pedestrian system to help mitigate noon time use of automobiles, this pro- ponent should also develop a pedestrian system. A simple system may be to place a sidewalk along the internal loop road, with each site connecting to it.. SHORFLAND FLOODPLAIN, WETLANDS, PUBLIC WATERS This project does not fall within a shoreland or floodplain area. The ponds on the property are public waters, and work within them will rdquire a DNR permit. EXISTING SITE CHARACTER The site is very steeply rolling, with three small ponds in the lower pot- holes. The major vegetation on the site surrounds these ponds and is mostly aspen, birch, and cottonwood, with some small areas of oak and elm. The highest point of the site is in the northeast corner, adjacent to the freeway (950) falling from that point to 874 immediately south and also adjacent to the freeway. The center of the site is at 926, falling off in all directions to the 890-900 level. All proposed building elevations on the site would be between 890-910. Although the majority of the grade variation on the site is not great, the rolling topography is much of what creates the character of the site. 2(1'11 Staff Report-City West page 4 PHASE I REZONING Phase I and Phase I Expansion is located on parcels 2A and 2B, which would total 424,000 sq. ft., on 26 acres of land for a total F.A . R . o f . 3 7 . The portion of the site which is not pond is utilized very i n t e n s i v e l y . T h e high point of the site (920) would be reduced to 900 for use as part of the parking lot. The site will be table topped to accommodate 1 5 1 4 p a r k i n g spaces and roughly 70,000 sq. ft. of building footprint. Front yard setliack in an Office District is 35 feet; the set b a c k s p r o p o s e d range from 20L27'. PARKING . Parking required is 5/1000, parking proposed is 4.03/1000, p r o o f o f p a r k i n g to 5/1000 is illustrated on figure 21 of the developmen t b r o c h u r e . S i n c e this appears to be a spec building, and our experience wit h o f f i c e b u i l d i n g s indicates a need in many cases for 5/1000 parking spaces, and since the proof of parking cannot be accomplished in a reasonable fa s h i o n , t h e b u i l d i n g squart footage should be reduced accordingly. The large parking areas allow little ability to screen, bu f f e r , o r b r e a k - u p the parking with plant material. Even with the 4.03/1000 parking, and small parking space d i m e n s i o n s , t h e setbacks are not proper and the parking lot is squeezed. The adjacent land, west of the property, (which is reside n t i a l ) , l o o k s down onto this 1500 car parking lot. The addition of li g h t s t o t h e l o t will compound the negative visual impact to the west. No a t t e m p t s e e m s to have been made to mitigate these problems. VARIANCES REQUIRED FOR PHASE I Front yard Setback Height Parking Parking sp. dimensions Permits Necessary E.A.W. Watershed Platting Metro Council Ord. #135 Proposed 35' min. 20' min. Henn. Cty. Highway D.N.R. P.C.A. Ord. #141 Proposed 5/1000 4.03/1000 W proof of prkng. to 5/1000 9' X 19' 8'-6" X 17'-6" RECOMMENDATIONS The Plannind -Staff feels that the following alternatives are reasonable a s courses of action on this project. 1. Uphold the Comprehensive Guide Plan and deny the PUD and Re z o n i n g r e q u e s t ; -or- 2. Return the request to the proponent for modification; -or- 2 annrnvr thr plan with modification. 207? Staff Report-City West page 5 MODIFICATIONS ' 1. Reduction of the Phase I building size to allow a significant reduc- tion in parking. Larger green areas breaking up the parking area would be an improvement. However, placement of such a large building with at-grade parking around it is insensitive to the site and creates walking distances of over 500 feet in some instances. Breaking the lot into smaller lots with smaller buildings would create more open space on the site, buildings in closer proximity to parking, and an opportunity for more closely following the existing character of the land. 2. Phase I setbacks should adhere to ordinance. Setbacks should be sufficient to allow screening of parking with land forms. 3. A pedestrian system should be designed. 4. The parking lot access opposite Rowland Road should be a right-in right-out only. 5. Parking lot accesses to the loop road should be no closer than 300' to the intersections with Shady Oak. . CE:ss MIN 2ing 0P^. eden prairie, minnesota 55344 phone: 937-9770 13000 west 78th street MrNail , INC. October 26,1981 Members of Eden Prairie Planning Commission: Re: City West Project The reguest is before this Commission to modify the City's Comprehensive Guide Plan to allow Regional Commercial and office usages. Uses not now allowed at this location, and specifically planned for the major center area. The City is currently working to fund Schooner Boulevard at an estimated bond obligation of eighteen and one-half million dollars. The road to provide for access to some 1200 acres in the MCA. Bonds would be paid off by a combination of mill levy, and special assessements to abutting property with the possibility of tax increment capture of certain current taxes against existing commercial properties to be applied to bond amortization. Certainly City West Development if granted commerical and office usages will be competitive with the Major Center Development for space. It doesn't really seem sensible for the city taxp4yers and the affected property owners to lay out substantial amounts of money to develop the MCA and then to divert development to other areas. Development that is needed to help pay for those MCA improvements. Specifically I will be affected by assessements against 2500 lineal feet of roadway at a proposed $100.00 per lineal foot. Sewer and water will add another 40.00 to 50.00 per lineal foot or a total of $150.00 for a total assessement of $390,000, plus interest. I will-have to have development to meet these obligations - as will the rest of the affected land owners. I urge the Commission not to modify the Guide Plan to allow for Commerical and Office usages. Cordially, Walter S. ente ge 140 Mike Reiter Hennepin County Surveyor's Office 201 An Equal Opportunity Employer WOIOrm.. 0.11. emsok 16 Minnesota it. Department of Transportation District 5 2055 No. Lilac Drive i'opTilt3'`' Golden Valley, Minnesota 55422. October 20, 1981 (G12) 545•3761 Mr. Chris Enger Planning Director City of Eden Prairie Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 In Reply Refer To: 315 S.P. 2763 T.H. 169 Plat review of City West located in the NW quadrant of TM 169 and GSM 61 interchange In part of Section 1, Township 116, Range 22 in the City of Eden Prairie, Hennepin County Dear Mk. Enger! We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. This plat was previously reviewed by us and our comments were sent to the City on August 11, 1981. We have no additional comments to make at this time. If you have any questions in regard to this matter, please contact our District Layout, Research and Development Engineer, Mk. J. S. Katz, at 545-3761 ext. 150. Thank you for your cooperation in this matter. cc: Charles Weaver Metropolitan Council October 8, 1981 Mr. Chris Enger City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Chris: We are in receipt of the notice of a Public Hearing to amend the Eden Prairie Guide Plan, etc. as proposed by Richard Ander- son. It is the Planning Departments position that the proposed land uses will be compatible with those adjacent to the site in Minnetonka. It is our hope that the buildings will be of simi- lar quality to thosSe within the Opus 2 area. We are concerned however, about the traffic implications of this development if the Crosstown extension is not completed as planned. As you know, the design capacity of the Shady Oak Road/Crosstown interchange will be reached in the near future without the planned extension. While we are confident that this improvement will be constructed as planned, we would urge the City to consider a development phasing program to coincide with the timing of the Crosstown extension Thank you for the opportunity to comment. Sincerely. 114M IVA? Ann Perry Project Planner /jhf the city offices are located at 14600 minnetonka boulevard minnetonka, minnesota 5 5 3 4 3 9 3 3 - 2 5 1 1 September 14, 1981 City Council City of Eden Prairie Eden Prairie, MN 55344 Gentlemen:: In nnection with the proposed zoning and guide plan c h a n g e s f West, we, as property owners directly contiguous a n d a d j a c e n t t o , wish to bring to your attention that we find t h a t t h e p l a n s a r -E very advantageous for both the City and the adj a c e n t p r o p e r t y o w n e r s ; that in the past 15 years no homes have been bu i l t a l o n g a 4 - l a n e highway in the City of Eden Prairie, which is i n d i c a t i v e o f t h e f a c t that a residential development would never be f e a s i b l e i n t h e C i t y West property. On the other hand, over 700 homes h a v e b e e n b u i l t annually in the City of Eden Prairie within the l a s t 1 5 y e a r s , w h i c h • points out that the market place is elsewhere for r e s i d e n t i a l d e v e l o p - ment. Industrial and office developments have be e n t a k i n g p l a c e o n three sides of City'West and more than 50% of th e i n d u s t r i a l a p p r a i s e d valuations in Eden Prairie are immediately South o f t h i s p r o p o s e d development. Without this development the taxes for residenti a l p r o p e r t i e s w o u l d increase completely out of bounds. The City of E d e n P r a i r i e n e e d s C i t y West and its office/hotel development. Everyone k n o w s t h a t a h o t e l in this location is desirable because of the cr y i n g n e e d f o r s u c h a facility. Please vote in favor of City West. Yours very truly, 7) tt-euv,,,e et. fau - cg /71 . i ,fl?/0,fl?/0 Yi ° , ea-t4(12-(1 e i t,„tiieg, 1414-7- Aazj -t- 7. eu.A.64 owt; 4; ‘71 .7.Y; Z_ le-MP-1 riz-t A tel_g4),--Af ZICy— 4)- cut,-e:C119-eL, ‘d'A.,••4..ti CXL t 11 ,,‘"?_."..? 6,..44-7/,(' ‘/ j 3 , Ad'OY1,6 e#6 . ' 1 g 6 2,,,, .5,---i,Aq e-J., 4'.1. 6 3 2_4. Økt% oe..k. Rd. .6°. p . cl 4 er •,,,,J,./ /foe i ,,,:.„, / ,IN 0 , / , '' ,,... ''' ' / ' . September 8, 1981 We the below signed residents of the immediate area wish to let the Eden Prairie Council members know that we support the "ADI" request to change the Eden Prairie City Guide plan from "Medium Density Residential" to "Office, Regional Commercial, and Quasi Public Open Space"— at the location of Shady Oak Road, Crosstown Highway 162, and Highway #169: 7.1-142-?-,4 .5-.5; .? 0,z_t; it,rL; Zfi 3 01 "i2.. e2,e, 6 V-< 0.-0,P49 • 5 e, EC- Afe, ' 5/1 ( /1,7"tfree":.e thL e( 0 2 6.‘55 :/?.. 74"--:„.."4":„.(',74 • d 4,/f,rtitc't .I.14... ;1301 - - -,•"• 11 ,1 . A PETITION TO THE CITY OF EDEN PRAIRIE: The undersigned owns real estate dire c t l y c o n t i g u o u s t o C i t y W e s t and supports the proposed guide plans a n d z o n i n g c h a n g e s f o r C i t y West: Name IM Aka, ii;147,— •.Address it‘ef.t.e 0 y--44/ /1-!eo rec,c-hz-t,/ 4/44(./ 4cX.a72) . 16-7/427-F4..afen.r -b". ‘.. A jg ,itzec.',tel ttel, 477 „ace,4, dtg4pe, • •--.99 1 '7) ' Liza) 4-1-0 -,ilieridi LEE DATA CORPORATION Lag • • September 1, 1981= City Council - City of Eden Prairie I • 1 8950 Eden Prairie.Road Eden Prairie, Minnesota • 55344 Re: City West 1 Gentlemen: Lee Data Corporation supports the proposed development of City West consisting of office and hotel.facilities. We find the business climate is excellent in Eden Prairie but that we do need a hotel to satisfy our customers' needs. Your vote in favor of the City West zoning would be appreciated. Your very truly, LEE DATA CORPORATION bhn M. Lee President 3ML:st rc writ, env min ATioN • 10206 Crosstown Circle • Eden Prairie., Minnesota 55344•(612)932.0300 9WorninRydiiii: • 6680 SHADY OAK ROAD • EDEN PRAIRE. MINNESOTA 55344 PHONE: 612.941-9080 OR 1-800-328.6381 • LI Sincerely Marshall C. Brand 'Executive Vice President/General Manager MORNING STAR, INC. MCB:dma September 1, 1981 City Council City of Eden Prairie . 8950 Eden Prairie Rd. Eden Prairie, MN 55344 Re: City West Gentlemen: Morning Star, Inc. supports the proposed development of City West consisting of office and hotel facilities.. We find the business climate is excellent in Eden Prairie but do need a hotel to satisfy our customers' needs. We would also appreciate the proposed dining facilities just seconds from our new facility. Your vote in favor of the City West zoning would be appreciated. zuir We, the undersigned residents of Eden Prairie,-supftrt -the'recommendation - made by the Planning and Zoning Commission and the City Staff in denying the approval for City pest, proposed by Anderson Development Inc. We ask our City • Council members to deny the proposed development of°Cityliest.. Changing the Comprehensive Guide Plan would set-amegative-precedent for the entire city, allowing previously designated residential areas to be turned into commercial, office, or industrial areas. SO (3 95" 01:T 1.14c IL It - yv,,c„Ic t9 I a- GefreeictuTtArd, . . . = 15e4-, - /02. A 74-:1174, 41 . Q. (1)1Ad-Roide-t-r t, (4)0 Wo3/4nd e4.4 G‘s • 0 1 I7 00,-,u(„L,L 2(13' .."/6-6a-k tap z- 1), - 1,47.74 G -04,91,0 Z2e, 664( 6ô )I(' 1217e .azA ,z2.044„( /.5 A- 014,0, s4/424.1-k_ ct o ACti, rehmi ae-c-s-%/ e go _46z.f. Ty). - 66 3o Gc-ects,„ Piet • or 1416 44-L., to, a 49 V•7" -VT .2 4 PERKIN-ELMER • Physical Electronics C: Olvison August 31, 1981 6509 t" Iiinct Cloud Dive Eden Piiiic. Minnesota 55344 16121820.0100 Telex 29-0407 Sincerely, 4 Eden Prairie Mayor, City Council & Planning Commission 8950 Eden Prairie Road E3en Prairie, MN 55436 Honorable Mayor, City Council, and Planning Commission: We have recently become aware of a Concept Plan for the City West Development proposed by ADI. On behalf of Physical Electronics Division of Perkin-Elmer, I would like to express support for the concept of this propose d development. We favor the development of some regional commercial support enterprises such as the hotel and restaurant as proposed in this plan. At the present time, developments of this sort in this region are extremely inadequate. In addition, it would seem that the proposal to convert the Southeasterly part of the proposed development area, now zoned as Medium Density Residential, to Office and Regional Commercial Zoning utilizes this land in a more appropriate manner considering the immediate surroundings. It would appear that ample residential area is still easily accessible to this development directly across Shady Oak Road to the West. Finally, the Plan appears to effectively integrate the natural amenities of this area into its overall development. In short the concept, as proposed, appears to be • sufficiently thought out and when carried out as proposed, this area will be a definite enhancement to the commercial and industrial environment of Eden Prairi e . Gerald E. Riach Deputy Manager, Administration Physical Electronics Division Perkin-Elmer Corporation cc:/Richard W. Anderson President, ADI 2 UCtO Ten South Fifth Street, Suite 930 Minneapolis, Minnesota 55401 , (612)339.7633 Mayor and City Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minn. 55344 August 29, 1981 ; wflpA inn Philip W. Getts James A. Payne Carolyn Chalmers Jonathan I.. Eisenberg . . . John H. Herman Kathleen M. Graham dayhm, hennas], graham *wits attorneys a t 4-‘...."" Charles K. Dayton Re: City West Development Proposal Dear Mayor Penzel and Members of the Council: My firm has been retained to represent the.Greater Byrant Lake Neighborhood Association with respect to the City West Development Proposal. The residents of that area strongly urge the Council to uphold the Planning Commission recommendation to reject the developer's requests for a comprehensive play: change, rezoning, and various variances. At the outset, it should be noted that this is not a case of an outdated comprehensive plan, which bears no relationship to recent Eden Prairie development, the City intrastructure, or overall development goals. The plan in question here was adopted very recently as part of the comprehensive metropolitan land use planning effort. The developer makes no case whatsoever that the site is physically unusual, preventing development in accordance with the comprehensive plan, or requires any variances from the City's normal development ordinances on parking spaces, struc- ture setbacks, or requirements for dedication of open space. The Council has before it a negative recommendation on this proposal from the Planning Commission and an excellent staff report raising serious questions about the propriety of the comprehensive plan change and rezoning request. The comments below highlight the more significant of these concerns, and raise a number of other problems with the proposal. Plan Change. This is not a proposal for a modest adjust- ment in the comprehensive plan. While the developer argues that the site, because of its access to arterial roads and the adjacency of industrial uses, is appropriate for an alternative use, these factors were true at the time the comprehensive plan was adopted. The most significant effects of the modification here are: 2q91 Mayor and City Council City of Eden Prairie Page Two August 29, 1981 (1) The spill-over effect from the project on land uses adjacent to the project. For example, the planning staff report logically recognizes that land to the west of Shady Oak Road would become office and commercial, and the low density housing area further west and north of Bryant Lake would also change to accommddate medium density residential, or possibly even further office and commercial use. This area, of course, would have exactly the same characteristics of proximity to arterial roads and adjacency to commercial and office uses as the current site following the proposed change in plan. Thus, the primary purpose of the comprehensive plan, to direct the location of development and provide for a stepping down from industrial/office to lower density residential would be lost. (2) This project would move regional commercial and a substantial block of office space outside of the major center area for the first time since the adoption of the comprehensive plan. The result would be a clear signal to other developers owning sites adjacent to arterial roads that the City will approve rezonings and allow the proliferation of significant commercial and office projects away from the major center area. (3) Finally, this proposal, because Of its very adverse impacts on residential areas developed by other Eden Prairie residents in reliance on the comprehensive plan would signal all residents that the comprehensive plan cannot be counted on as a basis for predicting future development in the City. Environmental Reviews. The planning staff report correctly notes a substantial number of permits and environ- mental review required for this project. My client is aware the the developer here commenced construction prior to obtaining approval from the City. This, of course, also violated all of the various permitting and review require- ments of the state and local agencies. Of .n4jor importance, not noted in the staff report, is the relationship of this project to surrounding developments and the very likely need for far more extensive environmental review than a simple environmental assessment worksheet (EAW). City West alone, at almost one million square feet of office space, is far in excess of the mandatory threshhold for an EM under the current Environmental Quality Board (EQB) rules (250,000 square feet). It alone is also in excess of the threshhold for a mandatory environmental impact statement (EIS) in the new rules recently proposed 2492 r• Mayor and City Council City of Eden Prairie Page Three August 29, 1981 for hearings by the EQB -- 500,000 square fee t i n a t h i r d o r fourth class city, 750,000 square feet .in.a s e c o n d c l a s s • city. Even more significant is the relationsh i p o f t h i s project to surrounding developments. There ca n b e n o d o u b t that this project and the adjacent Honeywell f a c i l i t y m u s t be viewed as related actions. Both are plann e d t o o c c u r o r will occur at the same time and both will aff e c t t h e s a m e • geographic area. Further, it is clear that-t h e - C i t y W e s t action will induce other actions to the west o f S h a d y O a k Road. 6 MCAR S3.025(E). Similarly, this proj e c t , i n v o l v i n g 'ultimately close to 5,000 parking spaces, wou l d h a v e t o b e • reviewed in conjunction with the Honeywell pr o j e c t , w h i c h must require thousands more, and the adjacen t h i g h w a y changes in terms of the Pollution Control Agenc y i n d i r e c t . source permit, and the City's growing knowled g e o f a t r a f f i c • problem in the adjacent 62-169/212-18 triangl e . Thus, any environmental reviews associated wit h t h i s proposed rezoning and change in the comprehens i v e p l a n would, of necessity, have to include considera t i o n o f t h e Honeywell proposal. As a result, Honeywell, w h i c h i s i n conformity with the comprehensive plan and has r a i s e d t o date no objections, would be delayed indefinit e l y d u r i n g t h e . review of this adjacent proposal. In conclusion, this is not a request for a min o r m o d i f i c a - tion of the comprehensive plan. As the planni n g s t a f f report points out, a minor shift in land use s o t h a t t h e residential would be oriented to the West and S h a d y O a k Road, with a smaller office area on the easter n e d g e o f t h i s site towards U.S. 169/212 might be reasonable a n d a c c e p t a b l e . Instead, it is a proposal to totally reverse t h e p l a n n i n g process in Eden Prairie, allowing the construc t i o n o f o n e million square feet of speculation office spa c e a w a y f r o m the major center area, allowing, for the firs t t i m e , a l a r g e complex of regional commercial space away fro m t h e c e n t e r area, and contradicting the City's long histo r y o f r e q u i r i n g development to relate the typography of a sit e i n s t e a d o f flattening the rolling topography and constru c t i n g t h o u s a n d s of surface parking spaces. The inevitable spill-o v e r e f f e c t of this project, shifting higher density resident i a l a n d office/commercial development to the west, pl u s i t s a d v e r s e encroachment on an already developed single-f a m i l y a r e a warrant its rejection. My clients urge the Council to support the Pl a n n i n g Commission in rejecting this request for a comp r e h e n s i v e plan change and rezoning. We will be at the Co u n c i l m e e t i n g , and will be happy to respond to any questions that y o u m a y have. lt • t hat. •tc ,. aq3 Mayor and Ci t y C o u n c i l City of Eden P r a i r i e Page Four August 29, 1 9 8 1 Thank you fo r y o u r a t t e n t i o n t o t h i s m a t t e r . • Sincerely, DAYTON, HERM A N , G R A H A M & G E T T S John H. Herma n JHH:etq cc: Chris En g e r Gerald Steel m a n Reitsed 04. 131 MINNESOTA ENVIRONMENTAL QUALITY BOARD ENV.IRONMENTAL ASSESSMENT WORKSHEET (EAW) AND NOTICE OF FINDINGS DO NOT WRITE IN THIS SPACE E.R.I NOTE: The 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. • SUMMARY A. ACTIVITY FINDING BY RESPONSIBLE AGENCY (PERSON) El Negative Declaration (No EIS) I IEIS Preparation Notice (EIS Required) B. ACTIVITY IDENTIFICATION 1. Project name or title City West 2. Project proposer Richard W. Anderson, Inc. (AD1) Address 10125 Crosstown Circle, Eden Prairie, MN 55344 Telephone Number and Area Code (612) 944-6803 3. Responsible Agency or Person City of Eden Prairie Address 8950 Eden Prairie Road, Eden Prairie, MN 55343 Person in Responsible Agency (Person) to contact for further infor- mation on this EAW: Chris Enger Telephone (612) 937-2262 4. This EAW and other supporting documentation are available for public inspection and/or copying at: Location Eden Prairie City Hall Telephone (612) 937-2262 Hours 8:00 AM - 4:30 PM 5. Reason for EAW Preparation Mandatory Category - cite ElPetition 1---10ther MEQB Rule number(s) MCAR 3.642 (8)(1) (bb) Construction in excess of 250,000 sq. ft. (dd) Construction, any part of which Is within a shoreland. (en) Construction which generates more than 2,500 trips per 1 hour. 21,195 C. ACTIVITY DESCRIPTION SUMMARY I. Project 4ocation County Hennepin City/Township Eden Prairie Township number 116 (North), Range Number 22 West Section number(s) I Street address (If in city) or legal description: 2. Type and scope of proposed project: One of two options to be determined by market demand. IA: 26 acres of office, 54 acres of residential or 1B: 17 acres of commercial and 63 acres of office. Seven acres of right-of-way in either case. 3. Estimated starting date (month/year) Late 1981 4. Estimated completion date (month/year) Undetermined 5. Estimated construction cost $80-100 Million 6. List any federal funding involved and known permits or approvals needed from each unit of government and status of each: Name or Type of Permit/ Approval of Federal Funding • Land Use Guide Plan Amendment • Concept Plan Approval • Zoning District Change (Phase I) • Indirect Source Permit • Land Alteration Permit • Work in Public Waters Permit Unit of Government (federal, state, regional, local) City of Eden Prairie State of MN Nine Mile Water- shed District Minnesota DNR Status Pending Municipal Review Pending Pending 7. If federal permits, funding or approvals are involved, will a federal EIS be prepared under the National Environmental Policy Act? NO YES X UNKNOWN II. ACTIVITY DESCRIPTION A. Include the following maps or drawings: 1. A map showing the regional location of the project. 2. An original 81/2 x 11 section of a U.S.G.S. 71/2 minute, 1:24,000 scale map with the activity or project area boundaries and site layout delineated. Indicate quadrangle sheet name. (Original U.S.G.S. sheet must be maintained by Responsible Agency; legible copies may be supplied to other EAW distribution points.) 2 2.(1949 3. A sketch map of the site showing location of structures and includin4 significant natural features (water bodies, roads, etc). 4. Current photos of the site must be maintained by the Responsible Agency. Photos need not be sent to other distribution points. B. Present land use. 1. Briefly describe the present use of the site and lands adjacent to site. The site is currently vacant. To the north is vacant land and County Road 62, to the east is U.S. 169/212, and to the south and west is vacant land with some scattered residential development. 2. Indicate the approximate acreages of the site that are: a. Urban development 0 acres f. Wetiands (Typo III) 5.8 acres b. Urban vacant 72.4 acres g. Shoreland 0 acres c. Rural developed 0 acres h. Floodplain 0 acres d. Rural vacant 0 acres I. Cropland/Pastureland 0 acres e. Designated Recre- 0 acres j. Forested 8.8 acres ation/Oper! Space TOTAL 87.0 acres 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. There are no lakes within 1,000 feet of the site, nor streams within 300 feet of the site. Bryant Lake is about one-half mile west of the site (See Figure 1). C. Activity Description 1. Describe the proposed • (if any), operational ment and/or processes cate the magnitude of production, number of activity, including staging of development characteristics, and major types of equip- to be used. Include data that would indl- the proposed activity (e.g. rate of customers, tons of raw materials,'etc). Eventual development to be determined by market demand. Option IA: 26 acres of office development (566,280 sq. ft. Hoof- area), 54 acres of housing (540 d.u.), and 7 acres of right-of-way. Option 18: 769,000 sq. ft. of office space, 195,000 sq. ft. of commercial space, and 7 acres of right-of-way. Phase I would include 424,000 square feet of office space. Internal site circulation roads and parking would also be developed as part of the project. 3 207 2. Fill in the following where applicable: a. Total.project area or Length 87.0 acres g. Size of marina and access channel miles (water area) 0 sq.ft. b. Number of housing h. Vehicular traffic or recreational IA 1E1 trips generated units 540 0 per day: IA: 14,173 ADT 18: 13,907 ADT (See Figure 14 and 15) c. Height of up to I. Number of IA: 2,500 structures 100 ft.max. employees 1B: 5,000 d. Number of parking IA: 3.344 spaces 1B: 3.873 (See Figure 12) Water supply IA = 335,000 gal/day needed 18 = 400,000 gal/day Source: City e. Amount of k. Solid waste re- IA = 8,535 tons/mo. dredging 0 cu.yd. quiring disposal 18 = 14,460 tons/mo. f. Liquid wastes I. Commercial, retail requiring IA: 306,460 gal/day or Industrial IA: 566,280 sq. ft. treatment 18: 350,000/gal/day floor space 16: 964,000 sq. ft. (See Figure 12) • III. ASSESSMENT OF POTENTIAL ENVIRONMENTAL IWACT A. SOILS AND TOPOGRAPHY I. Will the project be built in an area with slopes currently exceeding 12%? NO X YES 2. Are there other geologically unstable areas involved in the project, such as fault zones, shrink-swell soils, peatlands, or sinkholes? NO X YES 3. If yes on I or 2, describe slope conditions or unstable area and any measures to be used to reduce potential adverse impacts. Some of the proposed buildings would be constructed in areas with greater than 12% slope. Techniques to minimize erosion, such as hay- bales and revogetation, will be used. Most slopes greater than 12% will remain undisturbed. The site has some poor soils for construction characterized by a high moisture content. Some soils will require modification before construction. 4. Indicate suitability of site soils for foundations, individual septic systems, ditching, if these are included in the project. In some areas of soils with poor bearing capacity, buildings of over three stories will be constructed with deep footings. No septic tank or ditch construction is proposed. 4 209g 5. Estimate the total amount of grading and filling which will be done: unkpown cu. yd. grading unknown cu. yd. filling What percent of the site will be so altered? 75% 6. What will be the maximum finished slopes 15% 7. What steps will be taken to minimize soil erosion during and after construction? Erosion control techniques will include haybales to control erosion during construction and revegetation after construction. Grading of steep slopes will be minimized. B. VEGETATION 1. Approximately what percent of the site is in each of the following vegetative types: Woodland 10 % Former Cropland/ 0 %(incl. pastured (See Figure 7) Pasture woodland) Brush or shrubs 5 % Marsh 74 Grass or 68 % Other 10 % Rural herbaceous (specify) Residential 2. How many acr,es of forest or woodland will be cleared, if any? 5 acres 3. Are there any rare or endangered plant species or areas of unique botanical or biological significance on or near the site? (See DNR publication The Uncommon Ones.) X NO YES 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 management areas or sanctuaries near or adjacent to the site? X NO YES 2. Are there any known rare or endangered species of fish and wild- life on or near the site? (See DNR publication The Uncommon Ones.) X NO YES 3. Will the project alter or eliminate wildlife or fish habitat? NO X YES 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. The project will change wildlife habitat from old field grasses to urban vegetation. Marshes will be preserved. This alteration will displace large mammals from the site. The Bryant Lake Park Area across Shady Oak Road from the site will absorb some of these animals. 5 Ati99 D. HYDROLOGY 1. Will the.project include any of the following? If yes, describe type of work and mitigative measures to reduce adverse impacts. a. Drainage or alteration of any lake, pond, marsh, lowland or groundwater supply b. Shore protection works, dams, or dikes c. Dredging or filling operations d. Channel modifications or diversions NO YES X X e. Appropriation of ground and/or surface water (Some groundwater may be needed to maintain pond levels.) f. Other changes in the course, current or cross- section of water bodies on or near the site (Drainage from impervious areas will be directed to ponds existing on the site.) 2. What percent of the area will be converted to new impervious surface? 45% (See Figure 12). X X 3. What measures will be taken to reduce the volume of surface water runoff and/or treat it to reduce pollutants (sediment, oil, gas, etc)? Runoff will be directed primarily to three on-site storm water ponds. These ponds will in turn discharge during major rainfall events to the southwest of the site. 4. Will there be encroachment into the regional (100 year) floodplain by new fill or structures? X NO YES If yes, does it conform to the local floodplain ordinance? NO YES 5. What is the approximate minimum depth to groundwater on the site? 0-5 feet E. WATER QUALITY 1. Will there be a discharge of process or cooling later, sanitary sewage or other waste waters to any water body or to groundwater? X NO YES If yes, specify the volume, the concentration of polutants 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 waste water. There will be no unusual effluents discharged to the sewage system. 6 2500 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. 4. What measure will be used to minimize the volumes or impacts iden- tified in questions 1-3? 5. If the project is or Includes a landfill, attach information on soil profile, depth to water table, and proposed depth of disposal. F. AIR QUALITY AND NOISE 1. Will the activity cause the emission of any gases and/or par- ticulates into the atmosphere? NO X YES If yes, specify the type and origin of these emissions, indicate any emission control devise or measures to be used, and specify the approximate amounts for each emission (at the source) both with and without the enission control measures or devices. The project will generate transportation related air emissions including carbon monoxide (CO), hydrocarbons (HC), nitrogen oxides (N0x) and lead. To address these pollutants, the total amount of CO, HC, and NOx to be emitted by the worst case City West development has been calculated. Concentrations of CO and lead have been predicted for 1985 in the vicinity of the south entrance to the development. CO, HC, and NOx will be generated in proportion to the number of vehicle miles traveled. The vehicle miles traveled have been estimated based upon the number of new trips generated by City West and adjacent develop- ments and an average trip length of 5.7 milesli, Applying average emission rates for 1985 and 2000 results in the following daily emissions. Emissions (Kg/Day) CO HC NOx Trips/Day Miles/Day 1985 2000 1985 2000 1985 2000 City West Adjacent Development Total 13,900 79,230 3410 1795 178 87 379 204 11,700 66,690 2870 1510 150 73 320 172 25,600 145,920 6280 3305 328 160. 699 376 1 / A S ummary of Travel in the Twin Cities Metropolitan Area, Metropolitan Council, April, 1975. CO concentrations have been estimated in the vicinity of the south entrance to the City West project because the intersection experiences the maximum traffic volumes. The procedure used is based on EPA Volume 9 "Evaluating Indirect Sources". This is a conservative proce- dure designed to yield worst case concentration estimates. The assump- tions made in the analysis include a 1 meter per second wind, atmospheric stability class "D", an 8-hour persistence of 0.6, 10% cold starts at 202 F and a background concentration of 1 PPM. At a point 7 10 meters west of the south entrance, a 1-hour concentration of 6.3 PPM and an 8-hour concentration of 4.5 PPM were predicted. These values are below the Federal standards of 35 PPM and 9 PPM and the Minnesota standards of 30 PPM and 9 PPM. Lead concentrations were estimated using a procedure given in a January 31, 1978 FHWA Memorandum, "Proposed Ambient Air Quality Standards for Lead." In 1985 the lead concentration calculated at a point 10 meters north of SHady Oak Road and 10 meters east of the south entrance is 0.41 ugiftl. This is well below the Federal standard of 1.50 ug/ml. Minnesota Air Quality Rules APC-19 requires an Indirect Source Permit for "any new_parking facility, or other indirect source with an asso- ciated parking area, which has a new parking capacity of 2,000 cars or more." The complete City West project will have 3,873 parking spaces which will require an Indirect Source Permit. The Permit will be needed prior to beginning construction of the development increment which increases total parking to over 2,000 spaces. 2. Will noise or vibration be generated by construction and/or opera- tion of the project? NO X YES If yes, describe the noise source(s); specify decibel levels IdB(A)1, and duration (hrsida) for each and any mitigative measures to reduce the noise/vibration. Construction and traffic noise will be generated by the City West development. Construction noise will be a temporary impact and will be generated by construction equipment operations. Traffic noise will be generated by the increased traffic volumes attracted to the development site. Noise is measured in a logarithmic unit called the decibel (dB). Because they are logarithmic, decibels cannot be added and subtracted by ordinary arithmetic but must be manipulated according to the rules of logarithms. For example, 60 dB plus 60 dB equals 63 dB. An increase of 3 dB represents a doubling_of the energy level of the sound. Although the human ear can detect a change as small as 1 dB for a randomly varying noise source like a highway, 3 dB is considered the smallest noticeable change over an extended period of time. A change of 10 dB, however, is perceived by most people to be a doubling or halving of the "loudness" of a sound. The State has established noise standards (NPC-2) in terms of the 4 Lio and L50 sound levels. These are the sound levels exceeded 10% and 51011' of ih-0-time, respectively. For residential land uses, the state daytime standards are L io - 65 dB(A) and L50 - 60 dB(A). State night- time (10:00 PM - 7:00 AMT standards will riff be addressed since both construction activities and vehicle movements associated with the deve- lopment will occur during the day. The most significant traffic volume increases will occur on Shady Oak Road. An analysis of noise levels resulting from the projected 1985 traffic volumes on Shady Oak Road was done using the FHWA traffic noise prediction model, STAMINA 1.0'L if FHWA Level 2 Highway Traffic Noise Prediction Model, STAMINA 1.0, FHWA-RD-78-I38, May, 1979. The model_ was used both to predict noise levels at 7 residences ne a r Shady Oak Road and to determine the setback from Shady Oak Road necessary to meet the L10 65 dB(A) State Standard. The 7 residences expected to be impacted -ry increased noise from Shady Oak Road are Shown in Figure 16. The following table shows the noise levels pre- dicted for the afternoon peak hour of traffic at these residences. Predicted Future Noise Levels (dB(A)) Residence RI R2 R3 R4 R5 R6 R7* Lio 67 57 59 61 66 64 65 L50 60 53 54 56 60 59 59 *Does not include noise from traffic on the 169/212. Predicted noise levels at residences RI and R5 are over the State Daytime Standard by 2 dB(A) and 1 dB(A), respectively. These values are the maximum expected since peak hour traffic volumes were considered. During other hours of the day i_ lower noise levels would be expected since traffic volumes will be less. It should be noted that residences R5 and R6 are separated from Shady Oak Road by a strip of trees and shrubs sufficiently dense to almo s t block the line of sight from the road to the houses. This vegetat e d Strip was not considered in the analysis although the intervening round was considered acousticall soft. These trees and shrubs ma provide sufficient noise attenuation to reduce expected noise leve l s t o the level of the standard. The setback distance from Shady Oak Road where the L10 65 dB(A) st a n - dard is met varies with the traffic volume expected.--Near the north entrance to the City West development, the standard is attained 15 0 feet from the edge of Shady Oak Road. This distance increases to approximately 200 feet near the south access road to the development. The 2 residences mentioned previously fall within this distance. Construction noise impacts will vary considerably depending on the types of equipment in use at particular times and the location of th e equipment with respect to residential structures. These impacts can b e mitigated by ensuring that all equipment is properly muffled and by locating equipment as far from residences as possible. It is the responsibility of the construction contractor to assure that State a n d local noise ordinances are met. Another analysis was done which considered residential development o n the site. Noise level were predicted at the same 7 residences for t h e peak hour of traffic. The following table shows the predicted nois e levels. 9 503 Predicted Future Noise Levels - Option 2 (d0(A)) Residence RI R2 R3 R4 R5 R6 R7* Lio L50 66 59 57 51 57 52 59 54 63 57 62 55 62 56 *Does not include noise from traffic on TH 169/212. These noise levels are 0 dB(A) to 3 dB(A) lower than those predicted for the proposed City West development. Residence RI is still pre- dicted to be over the State Daytime Standard but by just I dB(A). Residence R5 is predicted to be below the standard. 3. If yes on I 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. There are no noise or air quality sensitive receptors which could be affected by the project. G. LAND RESOURCE CONSERVATION, ENERGY 1. Is any of the site suitable for agricultural or forestry produc- tion or currpntly in such use? X NO YES If yes, specify the acreage involved, type and volume of marke- table 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 Tries, specify the type of deposit and the acreage. There are shallow peat deposits on the site. The deposits are not com- mercially valuable. 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.) Type Estimated Annual Requirement Peak Demand Hourly or Daily) Anticipated Supplier Firm Contract or interruptible Basis? Summer Winter Traffic Gas 182.5 bill- ion/c.f. 600 mil- lion/c.f. /day Minnegasco Firm Contract Elect- ricity 75,513 kwh/ mo. 3,272 kwh/day YR N.S.P. Firm Contract 10 2 50g b. Estimate the capacity of all proposed on-site fuel storage. No fuel will be stored on the site. c. Estimate annual energy distribution for: space heating 40 % lighting 20 % air conditioning 45 % processing 5 % ventilation 10 % d. Specify any major energy conservation systems and/or equipment Incorporated into this project. There will be no major energy conservation systems beyond normal insulation. e. What secondary energy use effects may result from this pro- ject (e.g. more or longer car trips, induced housing or businesses, etc.)? Only a relatively small number (250) of new housing units will be drawn to the area by this development. Overall driving mileage will be increased but not by a relatively significant margin. H. OPEN SPACE/RECREATION 1. Are there any designated federal, state, county or local recreation or open space areas near the site (including wild and scenic rivers, trails, lake accesses)? X NO 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. I. TRANSPORTATION 1. Will the project affect any existing or proposed transportation systems (highway, railroad, water, airport, etc)? NO X YES If yes, specify which part(s) of the systems(s) will be affected. For these, specify existing use and capacities, average traffic speed and percentage of truck traffic (if highway); and indicate how they will be affected by the project (e.g. congestion, percen- tage of truck traffic, safety, increased traffic (ADT), access requirements). See Appendix A. 2. Is mass transit available to the site? X NO YES 3. What measures, including transit and paratransit services, are planned to reduce adverse impacts? None 11 as• 0 c J. PLANNING, LAND USE, COMMUNITY SERVICES 1. Is the Project consistent with local and/or regional comprehensive plans? X NO YES If not, explain: The project is consistent with regional planning. The City Guide Plan would require amendment for project approval. The southeastern half of the site would have to be changed from planned mid-density residential to regional commercial and office use (See Figures 3 and 4). If a zoning change or special use permit is necessary, indicate existing zoning and change requested. lhe Phase I site requires a zoning change from a rural to office district. 2. Will the type or height of the project conflict with the character of the existing neighborhood? X NO YES If yes, explain and describe any measures to be used to reduce conflicts. 3. How many employees will move into the area to be near the project? 250 How much net housing will be needed? 250 units 4. Will the project induce development nearby--either support ser- vices or similar developments? X NO YES If yes, explain type of development and specify any other counties and municipalities affected. 5. Is there sufficient capacity in the following public services to handle the project and any associated growth? Public Service Amount required for project Sufficient Capacity? yes Water A: 335,000 gal/day B: 400,000 gal/day wastewater treatment A: 306,460 gal/day B: 350,000 gal/day yes sewer A: 2,400 feet B: 2,400 feet • yes schools A: 108 pupils B: 0 pupils yes solid waste disposal A: 8,535 tons/mo. B: 14,460 tons/mo. yes streets A: 0.7 internal miles B: 0.7 internal miles Shady Oak Road will require upgrading after approximately 20% of the site Is developed. All adequate other (police, fire, etc.) 1.2 police officers 12 2S061 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? On site water, sewer, and road improvements will be made at the cost of the development. The only significant off-site public facility which will require expansion is Shady Oak Road. To continue development of the site, upgrading to four lanes and signalization will be ;ceded (See Figure 16). 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 EQ8? X NO YES If yes, specify which area or plan. 7. Will the project involve the use, transportation, storage, release or disposal of potentially hazardous or toxic liquids, solids or gaseous substances such as pesticides, radioactive wastes, poisons, 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. 8. When the project has served its useful life, will retirement of the facility require special measures or plans? X NO YES If yes, specLfy: 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 Might any known archaeologic or paleontological sites be affected by the activity? X NO YES 3. List any site or structure identified in 1 and 2 and explain any Impact on them. L. OTHER ENVIRONMENTAL CONCERNS Describe any other major environmental effects which may not have been identified in the previous sections. IV. OTHER MITIGATIVE MEASURES 1. Construction techniques to minimize erosion will be utilized. 2. A system of storm water ponding will be developed to reduce peak flows and to remove sediments from water flowing off-site. 13 2S0 V. FINDINGS A. The project Is a private ( ) government ( X ) action. The Responsible Agency (Person), after consideration of th e i n f o r m a t i o n I n this EAW, and the factors in Minn. Reg. MEQB 25, makes t h e f o l l o w i n g findings. 1. The project is ( ) is not ( X ) a major action. State reasons: 2. The project does ( ) does not ( X ) have the potential for signifi- cant environmental effects. State reasons: 3. (For private actions only.) The project is ( ) is not( ) of more than local significance. State reasons: VI. CONCLUSIONS AND CERTIFICATION NOTE: A Negative Declaration or EIS Preparation Notice is no t o f f i c i a l l y filed until the date of publication of the notice i n t h e m MONITOR section. A. I, the undersigna, am either the authorized represent a t i v e o f t h e Responsible Agency or the Responsible Person identifi e d b e l o w . B a s e d on the above findings, the Responsible Agency (Person) m a k e s t h e following conclusions. (Complete either 1 or 2.) 1. X NEGATIVE DECLARATION NOTICE No EIS is needed on this project, because the project i s n o t a major action and/or does not have the potential for s i g n i - ficant environmental effects and/or, for private acti o n s only, the project is not of more than local significan c e . 14 APPENDIX 2.50 A. TRAFFIC IMPACT ANALYSIS In order to assess the traffic impacts of the proposed development, a detailed traffic analysis was conducted. This traffic analysis considered three development options: • Option IA - Under this option, a development plan is proposed which is similar to the plan presented in City West Concept Plan (July 15, 1981) with the exception that Parcels 4, 7 and 8 would be developed as residential property at 17 dwelling units per acre rather than as office property. • Option 18 - This is the plan presented in City West Concept Plan. • Option 2 - This option reflects development which conforms to Eden Prairie's Land Use Guide Plan. The analysis examines the potential traffic impacts on the surrounding roadway system, it identifies the roadway improvements needed to provide a satisfactory level of traffic service for both site-oriented traffic and non-site traffic, and it determines the site access and internal circulation needs to serve development traffic. The traffic analysis consists of four steps: • Step 1:' Trip Generation - Estimate the number of trips which will be generated by the proposed development. • Step 2: Traffic Assignment - Determine which roads will be used by trips going to and from the site. • Step 3: Existing and Future Traffic Volumes - Document existing traffic levels and estimate forecast year traffic volumes on affected portions of the area roadway system. • Step 4: Roadway, Site Access, and Circulation Needs - Identify improvements to the external roadway system (if any), which are needed to maintain satisfactory peak hour operating conditions In the forecast years, and identify site access and internal circulation features needed to provide satisfactory operating conditions when the site is fully developed. • The analysis addresses conditions expected in the year 2000. It assumes that the City West site is fully developed, and that the property between City West and the Crosstown Highway is also fully develdped and conforms to the Land Use Guide Plan. The analysis also assumes that the exten- sion of the Crosstown Highway and Eden Prairie Center Ring Route have been constructed. In addition, for Option 18, an interim condition which considers the year 1985, just prior to the construction of the Crosstown Highway extension and the Eden Prairie Ring Route, Is analyzed. A-1 Office (Northeast Site) 350,000 S.F. 12.3 per 1000 S.F. 4 305 Sub-total 11,685 Total 25,858 TABLE I DAILY,TRIP GENERATION LAND USE SIZE TRIP GENERATION RATE TRIP ENDS (Trip ends per day)-1! Per Day2/ 12.3 per 1000 S.F. 8,143 8.0 per d.u. 1,680 150 per drive-1n 1,200 teller (external) 10.5 per room 3,150 Subtotal 14,173 Option IA City West Office Residential Drive-In Bank Hotel 662,000 S.F. 210 d.u. 8 Drive-In Tellers 300 Rooms Adjacent Development Office 600,000 S.F. 12.3 per 1000 S.F. 7,380 (Honeywell side) Option 1B City West Office 777,000 S.F. Drive-In Bank 8 Drive-In Tellers 12.3 per 1000 S.F. 150 per drive-in teller (external) 9,557 1,200 . Hotel 300 Rooms 10.5 per room 3,150 Subtotal 13,907 Adjacent Development Office (Honeywell side) Office (Northeast Site) 600,000 S.F. 350,000 S.F. 12.3 per 1000 S.F. 7,380 12.3 per 1000 S.F. 4,305 Sub-total 11,685 Total 25,592 A-2 Table 1 (Gontinted) LAND USE SIZE Option 2 Office 566,000 S.F. (26 A., 0.5 F.A.R.) Residential (54 A., 10 d.u./A.) TRIP GENERATION RATE TRIP ENDS (Trip ends per day).!! Per NIA/ 12.3 per 1000 S.F. 6,962 4,860 Total 11,822 540 d.u. 9.0 per d.u. .1/ Trip Generation, Second Edition, institute of Transpo r t a t i o n E n g i - neers, 1979. 2/ A trip end is either an origin or a destination. One t r i p e n d i s counted as each vehicle arrives at the site (destinati o n ) a n d a n o t h e r trip end is counted as each vehicle leaves the site ( o r i g i n ) . A-3 25 12- TABLE 2 PEAK HOUR TRAFFIC VOLUMES PERCENT OF DAILY TRAFFIC TRIPS HOUR IN OUT TOTAL Option IA Morning Peak Hour City West Adjacent Development Total Afternoon Peak Hour 14% 19% 16% 1,550 1,850 3,400 420 350 770 1,970 2,200 4,170 City West Adjacent Development Total 14% 18% 16% 550 1,470 350 1,750 900 3,220 2,020 2,100 4,120 Option 1B Morning Peak Hour City West Adjacent Development Total Afternoon Peak Hour 1,730 1,850 3,580 370 350 720 2,100 2,200 4,300 City West Adjacent Development Total 15% 18% 16% 490 1,610 350 1,750 840 3,360 2,100 2,100 4,200 Option 2 Morning Peak Hour 14% 1,240 460 - 1,700 Afternoon Peak Hour 15% 540 1,220 1,760 Step 1: Trip Generation The number of trips generated by a development i s a f u n c t i o n o f t h e s i z e of the development and of the types of activiti e s w h i c h t a k e p l a c e there. The developments proposed for City West i n c l u d e o f f i c e a n d c o m - mercial uses. Table 1 lists the proposed buildi n g a r e a s a n d g i v e s t h e estimated trip generation for each of the optio n s . T a b l e 2 l i s t s t h e morning and afternoon peak hour trip for each o f t h e o p t i o n s . T h e d a i l y and peak hour trip generation are based on Insti t u t e o f T r a n s p o r t a t i o n Engineers data. A comparison of Option IA and Option IB shows a v e r y s m a l l d i f f e r e n c e i n terms of daily trip generation (1 percent diffe r e n c e ) , m o r n i n g p e a k h o u r trip generation (3 percent difference), and aft e r n o o n p e a k h o u r t r i p generation (2 percent difference). Given the as s u m p t i o n s m a d e i n l a n d use planning and trip generation analysis, ther e i s n o r e a l d i f f e r e n c e between trip generation of Option IA and trip ge n e r a t i o n o f O p t i o n 1 1 3 . For the remainder of this analysis, Options IA a n d 1 B w i l l b e c o n s i d e r e d one option, Option 1. Option I and Option 2 are significantly differ e n t i n t e r m s o f t r i p generation. Development in conformance with th e L a n d U s e G u i d e P l a n will generate approximately 11,800 trips per da y , o r 4 6 p e r c e n t o f t h e trip generation of Option 1. Step 2: Traffic Assignment The traffic generated by the City West and the a d j o i n i n g d e v e l o p m e n t s must be assigned to roads serving the site In o r d e r t o i d e n t i f y l o c a - tions of potential traffic related impacts. Th e o r i e n t a t i o n o f t h e s e new trips was estimated based on the Regional T r a v e l M o d e l o f y e a r 2 0 0 0 travel developed and maintained by the Metropo l i t a n C o u n c i l a n d t h e Minnesota Department of Transportation (Mn/DOT ) . An analysis of the forecasted year 2000 travel i n a n d o u t o f t h e t r a f f i c analysis zone which includes the City West site (TAZ 851) gives th e distribution of opposite trip ends Table 3). T h e t r i p s w i l l u s e t h e most convenient route available between the si t e a n d t h e i r d e s t i n a t i o n . Trips Oriented to: TABLE 3 TRIP END ORIENTATION Portion of Total Trips Generated Shady Oak Road - North 1% County Road 18 - North 19% Crosstown Highway - East 22% Valley View Road - East 6% 1-494 - East 17% County Road 18 - South 4% TH 5 - West 14% Golden Ridge Road - West 5% County Road 67 - West 6% 1-494 - North 6% Total 100% A-5 25114 Two roadway improvements are planned in the vicinity of the proposed development which will have a significant impact on the routes used by trips to and from the site. • Hennepin County is currently conducting a route location and design study and preparing an environmental impact statement for the extension of the Crosstown Highway (C.S.A.H. 62) from its present terminus at Shady Oak Road west to an existing interchange with 1-494 at C.S.A.H. 67. • The City of Eden Prairie has proposed construction of improved access in the 1-494, TH 5, TH 169-212 area which would provide improved travel times for some trips to and from the City West site. Two assignments of site generated traffic were made. The first assign- ment, which was made for Option 1, was made to roads available at the present time. The second assignment, which was made for both Option 1 and Option 2, was made to the roadway system which will be available when the improvements described above are made. Table 4 gives the breakdown, by approach, of the site generated traffic under each of the two conditions. TABLE 4 APPROACH ROUTE DISTRIBUTION Approach Route Shady Oak Road - North County Road 18 - North Crosstown Highway - East Shady Oak Road - East TH 169-212 - South Golden Ridge Road - West 'Crosstown Highway - West Portion of Total Trip Generation Under: Existing Road System Future Road System 7% 1% 19% 19% 22% 22% 27% 6% 20% 35% 5% 5% Not. Avail. 12% Total 100% 100% Step 3: Existing and Future Traffic Volumes Existing daily traffic volumes shown in Figures 1 and 2 were obtained from the latest official Minnesota Department of Transportation traffic flow map (dated 1978) and from the Hennepin County Department of Transportation. Traffic expected to occur in the future is a combination of existing traffic, anticipated growth in non-site oriented traffic, and site oriented traffic. Traffic volumes were projected for two future years in order to assess traffic flow characteristics under two conditions: A-6 a. 1985 Traffic Forecast (Option 1) The year 1985 traffic forecast, shown in Figure 14, Is the sum o f expected 19135 non-site traffic and an assignment of the traff i c generated by full development of the City West and adjacent sites. 1985 non-site traffic was estimated by interpolating between t h e latest available traffic counts (1978) and year 2000 projecti o n s . b. 2000 Traffic Forecast (Options 1 and 2) The year 2000 traffic forecast, shown in Figure 15, is based o n y e a r 2000 traffic volume projections prepared by the Metropolitan C o u n c i l and the Minnesota Department of Transportation and forecasts p r e - pared for the Hennepin County Transportation System Study. T h e assignment of full development trip generation to the propos e d r o a d - way system is added directly to these forecasts. It is like l y t h a t this procedure results in double-counting of some future tri p s , because the forecasts theoretically take future development i n t o account. The magnitude of the double-counting is very small , however; the difference between 1978 traffic counts and the y e a r 2000 traffic volume projections (before adding in developmen t traffic) is 1,620 vehicles per day on Shady Oak Road, while t h e c o m - bination of City West development and adjacent development g e n e r a t e s from 12,000 to 26,000 trips per day, depending on the Option . Step 4: Roadway, Site Access and Circulation Needs The final step in he traffic analysis was the determination o f t r a n s - portation facilities needed to serve the combination of site a n d n o n - site traffic at an adequate level of service. As described a b o v e , t w o conditions were analyzed: • 1985 traffic volumes, full development, existing roadway syst e m (Option 1). • 2000 traffic volumes, full development, future roadway system (Options 1 and 2). . a. Methodology The analysis was conducted based on the methods described in t h e Highway Capacity ManualA/, and includes two steps: 1.) Assuming existing physical conditions (roadway width, numbe r o f lanes, etc.) or a minimum level improvement, conduct capaci t y analyses given the projected morning and afternoon peak hour traffic volumes and assumed physical conditions; 2.) If the peak hour level of service is not adequate, assume h i g h e r level of roadway improvement until minimum required level of roadway improvement providing adequate level of service is determined. 4 / Highway Capacity Manual, Transportation Research Board, Na t i o n a l Academy of Sciences, National Research Council, Washington D. C . , 1 9 6 5 . A-7 26/64 The analysis showed that the development of the City West and adja- cent sites w111 increase traffic volumes on Shady Oak Road signifi- cantly over existing volumes and over future volumes without development of these sites. The need for roadway and traffic control improvements will occur as the sites are developed. The needed improvements for Option 1 and Option 2 are described below in two categories, external roadway improvements, and on-site roadway needs. b. External Roadway Improvement Needs Shady Oak Road (Hennepin County Road 61) is presently a two-lane roadway with paved shoulders between the interchange with the Crosstown Highway and the interchange with TH 169-212. At the Interchange with the Crosstown Highway, Shady Oak Road is widened to two through lanes in each direction, with a raised median wide enough to accommodate a left turn lane. At TH 169-212, the bridge over TH 169-212 is about 70 feet wide (railing to railing). This width will allow left-turn lanes as required. Option 1 - To accommodate morning and afternoon peak hour traffic flows expected with the development of the City West and adjacent sites, Shady Oak Road should be widened to two lanes in each direc- tion from the interchange with the Crosstown Highway to the interchange with TH 169212. A median wide enough to provide left turn lanes should be provided from the Crosstown Highway and the north access to the City West site, and from the entrance opposite Flying Cloud Drive to the interchange with TH 169-212. To accommodate expected peak hour traffic flows at a satisfactory level of service, major intersections will require signalization. These are the intersections of Shady Oak Road with the eastbound Crosstown Highway ramp, West 62nd Street, the north access to the City West site, the entrance opposite Flying Cloud Drive, the south- bound TH 169-212 ramps and the northbound TH 169-212 ramps. The widening of Shady Oak Road should be timed such that it Is completed when a significant portion of the site (say 20 percent) is developed. The signalization of intersections should be implemented as the traffic demand warrants. Specific intersections wil require signalization as the parcels served by those intersections are developed. In addition, the intersection of Shady Oak Road and the westbound Crosstown Highway ramps will require signalization When the Crosstown Highway is extended to the west. Option 2 - The volumes expected on Shady Oak Road under this option (7,700 to 11,400 vehicles per day) exceed the volume considered a practical capacity by Hennepin County (7,500 vehicles per day). Within that standard, Shady Oak Road will require widening to a four-lane undivided roadway. A-8 2511 The daily and peak-hour volumes expected at the access points to the development' indicate that stop sign control on the access roads at Shady Oak Road will provide adequate traffic control and an accept- able level of service. c. Internal Roadway Needs Option 1 - When the City West site is fully developed, the Internal loop roadway will carry between 2,000 vehicles per day at the point farthest from the entrances, 9,500 vehicles per day at the north access, and 7,800 vehicles per day at the south access. In order to accommodate the volumes and the relatively large number of turning movements in and out of parking lot entrances, a four-lane, 48-foot wide roadway should be provided. At the intersections with Shady Oak Road, a median should be constructed to separate opposing traf- fic and to encourage smooth traffic flow. The access road which serves the adjacent sites to the north, will carry from 2,300 to 4,400 vehicles per day. A two-lane roadway will accommodate this volume. In order to allow for turning traffic, this roadway should be 36 feet wide. These roadway needs are also shown on Figure 16. With the recommended improvements, the traffic moving In and out of the area will encounter satisfactory traffic flow conditions. Option 2- The site should be served by collector streets. The streets should be designed and aligned to encourage segregation of office development traffic and residential development traffic. The collector streets should be 36 feet wide. Parking along the collec- tor streets should be prohibited. The collector streets should intersect Shady Oak Road at about three points. The approaches to Shady Oak Road should allow two outbound traffic lanes. With the recommended improvements, traffic moving in the area will encounter satisfactory traffic flow conditions. A-9 25If Glen Lake ver Ike. Lake Rose A ) N Birch T.-- v Islan Bryant Lake )2P1D SI IARkfl Round Lake S nue SI Lake An der Rice Marsh Lake Like Riley Starin—A" pu r g e r() Rice Lake—'JW --...." ',-,-------- ...._-- ........._.1-1 ..„_,... : 4.7 _---• Ao a t.1010 C......r.,„,x.0 • ..... Cb ''''' rid --'.-- 4.---..4...7.....,........ . -..., ...,,........ - -i i.-....„ ....n:-n- 5, Fisher _ Lake Cr"1:37 \\\\\\1c4 %DI ric,u6E Site Location 2 5Iq oC ..0.1•••••n• 1.13r7AS% Existing =rt. Land Use up—. Guide Plan 42ADI r smlwTsaL Eintw 2 5 2 1 FIGURE • Proposed Land Use Guide Plan DA. PiTI 2522. zwr- vo=4. a Dna JUNE 26, 1661 BRUNE II Physiography ti 940 09E. 1.3 920-430 910-920 tJ ED 900-910 990-900 880-890 ED 590 LESS DRAINAGE f7 4:7,4D1 JUNE 011, 1911 .r.L.F1-ri o &no ow door. 2523 9AINSION A , . 1 111 a -" n ',' ."--. ...:' te y,/,,,,,fir !1..1„,,,„ ----eifk'g' ! .7:ftn ' ...".. 'n-.... .': -.',.\ \ - ., : * fcs." .--.-.1 t'TNa,1 A'4.1t1ti']tt 1y' ii V1 .A. _......-/-.:; (....._, :„..Q,/,-....-........ ,...t.. t, ,, •-, -,, , i:111.-` ks.',S-' /,VV\i' •\•, \ -•., ;,;i\ .\ '' -44,s Ir --' _ - • : ,-....,„...,-,*,, .,,1 efi:::- -,_- -,,t,, '---..-,,,"n,t, , ma MHBO f ; ? . 2 2 FKIUNE 7 Vegetation FIGURE I S oil s Based Upon Soil Roporto 3/5/11 "•.'N $ "- -1 Poor Soils PAt Muck r-12 Depth _ A , Typical of Edon Pvakrio AtIML• mow..: , . +.;.;;.••.. High Content Soft Solis • : Low Bearing G.P.clI4, • : „if 1•-7„.) Foam FIGURE 0 Utilities i t, • , f ) , ,r -- " . . , i. ' 7 / , 1,....... .—..—...:ok......—......:......—....—...—...:—.—:.-..... \ .......___ _ ._ . • :..s.s.,---; Nli, -1, - .:-.. •..!, . -- , ......•••••nn •nn ••n •••n•n --- SANITARY SEWER • • - UNDER CONSTRUCTION • JUNE Elk 1901 761;.71074 FitinV it..n•••n• • •••. effilaPee AD! AREA OF OUTSTANDING NATURAL AMENITY noun 11 Development Concept NOT E. OFFICE & OPEN SPACE AREA TO RE REZONED TO OfC. 7E AL COMMERCIAL SITE 0 BE REZONED TO C-REEL JIM 26, 1981 ©11 I \\!: \\\1, LE' FIGURE IS Illustrative Site Plan ME NUMBERS INDICATING SOUARE FEET OF CONSTRUCTION & PARKING SPACES ARE SUBJECT TO REFINEMENT AT THE TIME OF REZONING BASED ON FINAL SITE PLAN JUNE HI, IRIS REVISED: 11 ,2941 10/0/01 mst ADI CP EEIcity 263 0 U.S.G.S. Map FIGURE 13 City West PUD RESOLUTION 81-226 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA A RESOLUTION APPROVING THE CITY WEST 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 lo- cated within the City, and WHEREAS, the City West PUD is considered a proper amendment to the 1979 Comprehensive Guide Plan, and WHEREAS, the City Planning Commission did conduct a public hearing on City West on October 26, 1981 and considered Richard W. Anderson, Inc.'s request for approval and recommended approval of the PUD Concept to the City Council, and WHEREAS, the City Council did consider the request on November 17, 1981. NOW THEREFORE BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota as follows: 1. The City West 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 outlined in the material dated July 15, 1981. 3. That the PUD meet the recommendations of the Planning Commission dated October 26, 1981. ADOPTED, by the City Council of Eden Prairie this day of 1981. Wafgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk SEAL 2632 CITY WEST ATTACHMENT A hat part of the following described parcel lying Southerly 04 a line 393.17 feet Northerly of, as measured at a right angIS to the South line of the North Half of the Northwest Quarter, Section 1, Township 116, Range 22, Hennepin County, State of Minnesota:. That part of the Northwest Quarter of the Northwest • Quarter, Section 1, Township 1,16, Range 22 lying West of a line drawn from a point On the North line of said Northwest Quarter of the Northwest Quarter distant 282.5 feet East from the Northwest corner of said Northwest Quarter of the Northwest Quarter to a point on the Souin line of said Northwest Quarter of the Northwest C .arter distant 282.5 feet East from the Southwest corner of said Northwest Quarter of the. Northwest Quarter. Except that part of said Tract which lies West of a line drawn 40 feet East of the, following described "Line A": 'Line "A": .Beginning at a pint on the South line of Se-eta-Oil 36, Township 117, Range 22, distant 488.84 feet Easterly of he Southwest corner of said Section 36; thence run Southerly from said line at an angle of 95° 40' 48" as me'asured from the West to Solith for a distance of 1,638.23 feet to the actual point of beginning of the line, to be described; 'thence deflect . to the right 180° for a distance of 840 feet to a point hereinafter referred to as Point "A"; thence continue Northerly for a distance of 200 feet and wthere terminating. That part or -the following described parCel lying Southerly of a line 3'33.17 feet Northerly of,Andmeasured at a right angle to the South line of the North Half of the Northwest Quarter, Section 1, Township 116, Range 22, Hennepin County, State of Minnesota; That part of the Northwest Quarter of the Northwest Quarter, Section 1, Township 116, Range 22, described ai beginning at a point on the South line.of said Northwest Qdtrter of the Northwest Quarter distant 282.5 feet East from the Southwest' corner of said Northwest Quarter of the Northwest Quarter; thence East along said South line a distance of 557.5 feet; thence North to a point on the North line of said Northwest' Quarter of the Northwest Quarter distant 840 fdet East from the Northwest corner of said Northwest Quarter of the Northwest Quarter; thence West along said North line to a point 577.37 feet East from the Northwest corner of said Northwest .Quarter of the Northwest Quarter; thence South at a right angle a distance of 40 feet; thence Southwesterly a distance of 309.07 feet along 'a curve which is tangential .6) CYWIIITT A f)ca ATTACHMENT A page 2 . a line parallel with said North line and concave to the southeast and has e radius of 369.26 feet and a central a n g l e of 47 degrees 57 minutes 23 seconds; thence Southwesterly , tangent to said curve to an intersection with a line -dYa.wn - North from the point of beginning to a point on the North line of said Northwest Quarter of the Northwest Quarter distant 282.5 feet East from the Northwest corner of sai d . Northwest Quarter of the Northwest Quarter; thence South along the last described line to the point of beginning; TRACT C; That part of the following described parcel lying Southerl y of a line 393.17 feet Northerly of, as measured at a right angle to, the South line of the -North Half of the Northwest Quarter, Section 1, Township 116, Range 22, Hennepin Count y , 'State of Minnesota: That part of the Northwest Quarter of the Northwest . Quarter, Section s l, Township 116, Range 22, described as beginning at.a mint on the North line of said Northwest Quarter of the Northwest Quarter distant 840 feet East from the Northwest corner of said Northwest t Quarter of the Northwest Quarter; thence South to a point on the South line of said Northwest Quarter of the Northwest Quarter distant 840 feet East from the Southwest corner of said Northwest Quarter of the Northwest Quarter; thence East along said South line a distance of 30.94 feet, more or less, to the Southwest corner of the East 63 acres of the North Half of the Northest Quarter of said Section -1; thence North along the West line of the East 63 acres of said North Half- of the Northwest Quarter ?to the North line of said Northwest Quarter of the Northwest Quarter; thence West along said North line a distance of 88.53 feet, more or less, to the point of beginning, according bo the Government Survey thereof. 5-3q '4e.6 ATTACHMENT A page 3 TRACT D: That part of the West 20 acres of the East 63 acres of the , North Half of the Northwest Quarter, Section 1, Township 116, Range 22, Hennepin County; State of Minnesota lying Southerly of the Southerly right of way line of County Road No. 62, an4 lying(southerly)of a line 393.1.7 feet Northerly of, as measured at a right angle to, the South line of the North Half of the Northwest Quarter, said Section 1. That part of the Southwest Quarter of the Northwest Quarter and of the West Ralf of the Southeast Quarter of the Northwest Quarter of said Section 1, lying Easterly of the Easterly line, of Hennepin County Highway No. 61,. as defined in DocuMent No 3788715, Office of the County Recorder, EXCEPT that part of the Nest Half of the Southeast Quarter of the Northwest Quarter of Section 1, lying Southeasterly of the Northwesterly right-of-way line of U. S. Trunk Highway No. 169, as defined in Document No. 3821860, Office of the County Recorder. That part of the Northwest Quarter of the Southwest Quarter of said Section 1, lying Northeasterly of the Northeasterly right-of-way line of jiennepin County Highway No. 61 as describe4 d ,-in-Document-No,-378831-!E,-Office of the County Recorder and 1. lying Northerly of the Northerly line of U. S. Highway No. 1 as defined in Document No. 3821860, Office of the County' Recorder, and lying Westerly of the following described line Beginning at the Northeast corner of the Northwest Quarter.of the SoUthwest Quarter of said Section 1;.thence Southerly along the East line of the Northwest Quarter of the Southwest Quarter a distance of 363 feet; thence deflecting to theright 9 degress 53 minutes, a distance of 182.32 feet, more or less to the Northerly line of U. S. Highway No. 169. The Xortb 363 'feet of the West 132 feet of the Northeast Quarter of'the Southwest Quarter of Section 1, Township 116, .Range 22. • That part of the West 132 feet of the Northeast Quarter of the. Southwest Quarter of Section 1, Township 116, Range 22, lying Southerly of the North 363 feet thereof; and That part of the Northwest Quarter of the Southwet Quarter said Section 1 described as follows: Commencing at the Northeast corner of said Tract; thence South along the East line thereof 363 feet to the actual point .of beginning; then deflecting to the right at an angle of 9 degrees 53 minutes distance of 297.15 feet to the center line . of County Road No. Cl; .thence Easterly along said center line 53.65 feet to the East line of said Northwest Quarter of the Southwest Quarter; .thence Northerly along said East line to the actual point of beginning. 23 3 • ATTACHMENT A page 4 • • Except any part of the above described two parcels ly i n g Southerly.of the following described .line: • Beginning at .a point on the East line of the West. 132 feet of the Northdilst Quarter of the Southwest Quarter, said Section 1, distant 195 feet Southerly o f the point of intersection of said East line with the ' I South line of the North 363 feet of the Northeost . Quarter of .the Southwest Quarter; thence run South- • 1 westerly to a point distant 55 feet Northwesterly (measured at rignt angles, V1 a pvim.. vs, . described below distahl .410 feet Northwesterly of its point of beginning; thence run Westerly to the point of intersection of the West line of the second above described tract with a line run parallel with and distant 40 feet Northeasterly of said Line A and there terminating. Line A: From a point on the South line of said Section 1, distant 1152.72 feet East of the Southwest corner thereof, • run Northeasterly at an angle of 84 degrees 20' 15" • with said South Section line for 558.77 feet; thence deflect to the right on a 1 degree 30 e curve (delta angle 17 degrees 05' 59") for 1139.98 feet; thence on a tangent to said curve for 244.34 feet to the point of beginning of the line to be described; thence deflect to the left at an angle of 101 degrees 52' 10" for 600 feet and there terminating; The East 1/2 of the Southeast 1/4 of the Northwest 1/4 , Section 1, Township 116 North, Range 22 West of the 5t h principal Meridian, which lies -NOrt-nwest-efqy 1:611oclin described line: Beginning at a point on the South line of the Southeast Quarter of the Northwest Quarter of said Section 1, distant 300 feet East of the Southwest corner thereof; thence run Northeasterly to a point distant 300 feet Northwesterly, as measured at a right angle, from a point on Line A, as described below, distant 1150 feet Southwesterly of its point of termination; thence run Northeasterly to a point on the East line 'of the above described tract distant 356 fee t Northerly of said East line's intersection with Line A a n d there terminating. Line A: Beginning at a point on the South line of said Section 1 distant 1152.72 feet East of the Southwest corner thereof; thence run Northeasterly at an angle of 95 degrees, 39 minutes, 45 seconds with said South sectio n line for a distance of 558.77 feet; thence deflect to the right on a 1 degree, 30 minute curve (delta angle 17 degrees, 05 minutes, 59 seconds) fdr a distance of 1139.98 feet; thence on tangent to said curve for a • distance.of 2466.34 feet and there terminating; according to the United States Government Survey there o f and 1r2L • • • ATTACHMENT A • That part of the Northeast Quarter of the Southwest Quarter of Section 1, Township 116, Range 22, lying easterly of the west 132.00 feet of said Quarter Quarter and northerly of a line running from a point on the north line of said Quarter Quarter distant 450.00 easterly from the northwest .corner_of_said Quarter Quarter to a point on the east line of said west 132.00 feet distant 460.00 feet southerly from the northeast corner of said west 132.00 feet. And that part of the West Half of the Southeast Quarter of the Northwest Quarter of said Seclion 1, lying southeasterly of the westerly right of way line of U.S. Highway No. 169 as described in Document No. 3821860, Office of the Hennepin County Recorder. 253'? PART OF ATTACHMENT C :7, AND ATMCHHENT 8 .Zoning Description for City West - Phase 1 That part of the Northwest and Southwest Quarters of Section 1, Towns h i p 1 1 6 , Range 22, described as follows: r,21 Commencing at the southeast corner of the Northwest Quarter of said Section 1; thence North 06 degrees 01 minutes 52 seconds West, assumed basis for bearings, along the east line of said Northwest Quarter, 687.30 feet; thence North 86 degrees 39 minutes 31 seconds East 169.35 feet to a point on the easterly line of Hennepin County Highway No. 61, as defined in Document No. 3788715; said point being the beginning of the land herein described; thence continuing North 86 degrees 39 minutes 31 seconds East 348.09 feet; thence North 42 degrees 09 minutes 04 seconds East 71.32 feet; thence North 02 degrees 21 minutes 22 seconds West 439.47 feet; thence North 42 degrees 48 minutes 56 seconds East 98.70 feet; thence North. 87 degrees 59 minutes 14 seconds East 243.19 feet; thence South 02 degrees 22 minutes 13 seconds East 419.39 feet; thence South 47 degrees 37 minutes 54 seconds East 56.31 feet; thence North 87 degrees 06 minutes 26 seconds East 336.48 feet; thence North 44 degrees 09 minutes 36 seconds East 203.13 feet; thence South 74 degrees 43 minutes 01 seconds East 72.55 feet; thence southeasterly, southerly, and southwesterly 779.56 feet along a.tangential curve, concave to the west, radius 294.00 feet, centraf i'angle 151 degrees 55 minutes 23 seconds; thence South 77 degrees 12 minutes 22 seconds West 62.08 feet; thence southwesterly and southerly 413.16 feet along a tangential curve, concave to the southeast, radius 300.00 . feet, central angle 78 degrees 54 minutes 27 seconds; thence South 61 degrees 09 minutes 37 seconds West 650.60 feet to said easterly line of Hennepin County Highway No. 61; thence --ZA +A thn noiot of honinnina. 2539 City West EAW CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 81-227 A RESOLUTION FINDING THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR CITY WEST A PRIVATE ACTION DOES NOT REQUIRE AN ENVIRONMENTAL IMPACT STATEMENT WHEREAS, the City Council of Eden Prairie did hold a hearing o n November 17, 1981 to consider the City West proposal, and WHEREAS, said development is located on approximately 87 acre s of land in northeastern Eden Prairie, and WHEREAS, the Eden Prairie Planning Commission did hold a publ i c hearing on the City West PUD request and did recommend appro v a l o f t h e project and the Environmental Assessment Worksheet finding o f n o significant impact, NOW THEREFORE, be it resolved by the Eden Prairie City Counci l that an Environmental Impact Statement is not necessary for C i t y W e s t because the project is not a major action which does not have s i g n i f - icant environmental effects and is not more than of local sig n i f i c a n c e . BE IT FURTHER RESOLVED, that a Negative Declaration Notice s h a l l be officially filed with the Minnesota Environmental Quality C o u n c i l . ADOPTED, this day of , 1981. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk SEAL approved October 26, 1981 Planning Commission Minutes MEMBERS ABSENT: Torjesen B. KENTUCKY FRIED CHICKEN, by Delaria Kitchens, Inc. Request to rezone from Rural to Regional Commercial and preliminary p l a t 0.835 acres'for a fast food restaurant. Located west of U S • 169/212, east .of Eden Road, and north of Single Tree Lane.. A public hearing. The Planner briefly reviewed the request and stated that th e a p p r o v e d E d e n G l e n PUD Design Framework Manual should be upheld for the colori n g o f t h e c u p u l a . Sutliff asked the elevation of the cupula. The Planner rep l i e d i t i s 8 f t . w h i c h brings the total building height to approximately 23'ft. Bearman stated he felt it is important to uphold the approv e d P U D D e s i g n F r a m e w o r k Manual. MOTION 1 Retterath moved to close the public hearing on Kentucky Fr i e d C h i c k e n ( E d e n G l e n 2nd Addition) plat. Sutliff seconded, motion carried 6-0. MOTION 2 Retterath moved to recommend to the City Council approval o f t h e K e n t u c k y F r i e d Chicken rezoning from Rural to C-Reg-Ser as per the plans d a t e d - O c t o b e r 5 , 1 9 8 1 and the October 16, 1981 staff report with special emphasi s o n # 6 o f t h e s t a f f report which reads: That the cupula be a solid dark color; a n d t h a t t h e o r i g i n a l approved Eden Glen PUD Design Framework Manual be upheld; a n d t h e M n D O T l e t t e r dated October 20, 1981. Gartner seconded, motion carried 6 - 0 . 25-40 STAFF REPORT . TO: FROM: THROUGH: DATE: PROJECT: APPLICANT: LOCATION: REQUEST: Planning Commission Jean Johnson, Assistant Planner Chris Enger, Director of Planning October 16, 1981 KENTUCKY FRIED CHICKEN Delaria Kitchens, Inc. Eden Glen PUD, west of US 169 & south of Hardee's Restaurant. PUD Development approval; Rezoning from Rural to Reg-Ser-Com; Preliminary plat . approval of .8 acres from Lot 2, Block 2, Eden Glen to Lot 1, Block 1, Eden Glen 2nd Addition BACKGROUND TriiTne, 1981 Jesco, Inc. received approval of a commercial/office PUD upon 15 acres (Eden Glen PUD) of which this request comprises .8 acres. In the PUD, this site was depicted as a 1.2 acre fast food restaurant. SITE CHARACTER The entire 15 acre PUD has been graded and this particular .8 acre piece does not contain any vegetation. To the north of the site Hardee's Restaurant is under construction; to the east is US 169/212; to the west and south is the remainder of the Eden Glen PUD not yet developed. ORDINANCE REQUIREMENTS Ord. 135 Proposed Plan Min. lot 10,000 sq. ft. 36,395 sq. ft. Min. width 80 ft. 125 ft. Min. depth 100 ft. 202 ft. Front setback 35 ft. Side setback 20:40 ft. Rear setback 10 ft. US 169 setback 50 ft. 120' bldg. setback 35 ft. parking setback Max. bldg. coverage 1 story 20% 7% coverage PARKING: Ord. 141 The fast food restaurant is proposing 1 parking space per 3 inside seats (ordinance requirements) plus 11 parking spaces for a total of 33 parking spaces. In addition to the 33 parking spaces, area is provided at the drive-thru for 7 cars to stack and order. 26q1 106 ft. from Glen Road(bldg) 20:85 ft. Staff Report-Kentucky Fried Chicken page 2 SIGN ORD. 261/DESIGN FRAMEWORK MANUAL The single pylon 20 feet high and 76 sq. ft. in size located near Glen Road is consistent with the City's Sign Ordinance and the project's Design Framework Manual. As outlined in the submission material "There are no signs proposed on or attached to any building walls or roofs". SITE PLAN Circulation YEe plat depicts the street to the west as Eden Glen Road; the City Engineering Dept. ha . requested this street be named 'Glen Road'. The Glen Road drive entrance centerline is 140 feet from the drive entrance centerline of Hardee's Restaurant. In the PUD this lot was shown as having 2 access points to Glen Road and connections to adjoining parking lots. The submitted plan retains the connections to adjoining parking lots but has reduced the access point to Glen Road to 1. This access point is located on Glen Rd across franthe access point to Lot 7 as outlined in the original PhD. Glen Road is a 32 foOt wide street giving access to the 7 Eden Glen PhD lots. Drainage Drainage is toward Eden Road and its storm water system which ultimately discharges to Lake Idlewild. Pathways A 5 foot wide concrete sidewalk is required as per the Developer's Agreement along the east side of Glen Road and adjacent to this site. Internal walks are provided also. DESIGN FRAMEWORK MANUAL The approved Design Framework Manual outlines the following permitted mat- erials: "EXTERIOR BUILDING MATERIALS Exterior building materials shall be dark toned, traditional materials; face brick and mortar, copper or wood are en- couraged. However, other basic materials may be approved if it can be demonstrated that the result will be compatible with the goals and objectives of the whole development. The high degree of visibility afforded this project makes it essential that high quality materials are used on all four sides of its structure. If metal frames and trim are to be used, it is strongly sug- gested that they be dark brown anodized finish or painted a dark brown color to match. Corten steel trim is also an acceptable substitution. If wood frames and trim are pro- 5-10 Staff Report-Kentucky Fried Chicken page 3 posed, they should be stained or painted dark brown. In re- viewing building plans, emphasis will be placed on durability and permanence of finish. Factors related to maintenance will be carefully scrutinized in the review of building plan pro- posals." The Delaria's Chicken proposed materials are: "BUILDING MATERIALS Building Walls: Lightbeige stucco on metal lathe over concrete block Building Trim: Dark and light beige, wood trim Mansard: Pre-finished metal, Terra Cotta color Window and Door Trim: Bronzed aluminum casings and frames" The mansard roof, "..Pre-finished metal, Terra Cotta Color", is envisioned as a multiple strip coloring of white-brown and brown-red. This would conflict with the standards outlined, "If metal frames and trim are to be used, it is strongly suggested they be dark brown anodized finish or painted dark brown color to match." The Planning Staff recommends that the cupula be a solid dark brown or terra cotta pre-finished metal, and not stripped. Stripping of the cupula would not conform to the Design Framework Manual. Landscaping The landscaping proposed generally conforms to the Design Framework Manual and the material to be planted at the adjacent Hardee's site. Detail review will be done prior to issuance of any building permit and use of spruce and pine is needed along US 169/212 similar to Hardee's plan and the Design Framework Manual. Cash Park Fee The cash park fee, $1400/acre, is applicable at time of building permit issuance. FINDINGS AND CONCLUSIONS The rezoning for Delaria's Kentucky Fried Chicken and the Eden Glen 3rd Addition are consistent with the Eden Glen PUD approval. The Planning Staff would reconmend approval contingent upon the following: I. That final signage, landscaping, parking, etc. be according to City Ordinances, the Eden Glen PUD, and the Design Framework Manual. 2. An erosion and sedimentation control plan must be revised and approved by the Riley-Purgatory Creek Watershed District. 2 544 Staff Report-Kentucky Fried ChiCken page 4 3. Detailed utility and grading plans be submitted to the City Engineering Department for review and approval. 4. That the final plat depict Eden Glen Road as Glen Road. 5. That the sidewalk systems be constructed prior to opening. 6. That the cupula be a solid dark color. 7. That the landscaping plan conform to the Design Framework Manual landscape plan, and be submitted for review and approval prior to building permit issuance. JJ:ss 294 0 ••• • .t.••• 1, /TT • - : , .-;/ • ; i . _ \ ••••••-. DELARIA' S. • Oe (NE., kj "nn• T-L ' 4_11:J111.e:4 I - IT/C1 • II 4, 1 I 06,17‘...../(•<7 • • t: 1-44/•,5, i • ; i ii I Orve4. ovrar4 54,044y US* We Aerres rev Focal t16 1-441 Fo441 174 04:91 Fbel 1 56 •• P.,At 125 ••44 1.36 O'hot 1.34 Wail 394 ROw 1.36 TOTAL 1322 Ft. P4410,3 s000 63 4.000 69 6C00 M 33 000 164 i3000 65 13 000 56 40003 175 111.403 676 4164, 404Esp2, Minnesota Department of Transportation District 5 2055 No. Lilac Drive Golden Valley, Minnesota 55422. October 20, 1981 Sincer M: Crawford, P.K. District Engineer (612) 545.3761 Mr. Chris Enger Planning Director City of Eden Prairie Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 In Reply Refer To: 315 S.P. 2744 T.H. 169 Plat review of Delarias Kentucky Fried Chicken located in the SW quadrant of TM 169 and Eden Road in Lot 1, Blk. 1, Eden Glen 2nd Addition in the City of Eden Prairie, Hennepin County Dear Mr. Enger.; We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. This plat was previously reviewed by us as a part of the plat you submitted for Eden Glen. Our comments were sent to you on January 19, 1981. We have no additional comments to offer at this tine. If you have any questions in regard to this matter, please contact our District Layout, Research and Development Engineer Mr. J. S. Katz at 545-3761 ext. 150. Thank you for your cooperation in this matter. cc: Charles Weaver Metropolitan Council Mike Reiter Hennepin County Surveyor's Office Art Equal Opportunity Employer estu..1") CITY OF MEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 81-228 RESOLUTION APPROVING THE PRELIMINARY PLAT OF KENTUCKY FRIED CHICKEN BE IT RESOLVED by the Eden Prairie City Council as follows: That the preliminary plat of Kentucky Fried Chicken dated Oct. 5, 1981 . a copy of which is an 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 HI Penzel, Mayor John D. Frane, City Clerk SEAL Parks, Recreation & Natural Resources Comm. Unapproved November 2, 1981 MEMBERS ABSENT: Marge Frederichs 1. Development Proposal - Wooddale Baptist ChurCh Lambert introduced Fred Hoisington of Brauer & Associates Ltd., . developers of the project. Hoisington introduced Pastor Leith Anderson, pastor of Wooddale Baptist Church. Hoisington reviewed the project explaining that only approximately 20 acres of the 31 total acres is developable due to poor soil conditions. Hoisington said there have been 2 neighborhood meetings and the neighbors seem favorable to the present plan with the majority of the parking behind the building (south end of site). Kingrey expressed concern that too many trees will be removed in constructing the rear parking lot. He feels there should be a way to preserve the trees. Hoisington said the only way to avoid taking the trees under the present plan is to reconfigure the parking lot or move it over. He added that over 90% of the mature trees on the site will be preserved, so the net loss of trees is relatively low. Kingrey suggested perhaps another phase of parking be added so that the southwest parking lot would be expanded into the oak trees only as a last resort. Hoisington said he is sympathetic to the concern of loosing trees, and said the developer is willing to work with the Commission's action on this matter. Anderson questioned whether the southern tip of the church property might become an uncontrolled access to Bryant Lake Park. He suggested the Hennepin County Park Reserve District look at a trail connection perhaps through a public easement. Pastor Anderson said he is concerned that the church might loose control of the section of property if a public easement were granted. Kingrey asked why this development is not subject to cash park fees. Lambert said the City ordinance does not require cash park fees for areas of public zoning. Lambert said if the Commission questions the ordinance on this matter they should make a recommendation when a church development is not pending approval. MOTION: Jessen moved to recommend approval for Phase I of Pooddale Baptist Church as proposed by the proponent with the predominant parking lot at the north end of the site. Kingrey seconded the motion. No vote. 2 6117 Parks, Recreation & Natural Resources Com. -2- Unapproved November 2, 1981 DISCUSSION: Anderson suggested the question of trail access to Bryant Lake Park be resolved at the time of Phase II. . Pastor Anderson pointed out that the church is asking for action on the entire master plan at this time, not just Phase I. MOTION: Jessen moved to recommend PUD concept approval for the entire 31acre parcel of Wooddale Baptist Church and the Commission supports the Phase I parking at the north end of the site per Planning and Community Services Staff reports. Kingrey seconded the motion and it carried unanimously. DISCUSSION: Anderson asked Staff for a report from Forester, Stewart Fox on where the trees are on the site in relation to ' the proposed parking lots, and also a report on the feasibility of a trail easement, by the November 16,1981 Commission meeting. Staff will check on these two matters. 54' approved Planning Commission Minutes October 26, 1981 ALL MEMBERS PRESENT lOODDALE BAPTIST CHURCH, by Wooddale Baptist Church. Request for amendment to the City Guide Plan from Residential to Public; Planned Unit Development Concept approval for church uses; re- zoning from Rural to Public; and preliminary plat approval. Variances requested are: a 60 foot high sanctuary peak, 75 foot high landmark, a non-hardsurfaced parking area for the first phase on a total of 31 acres. Located east of Golden Ridge, south of Shday Oak Road, and west of US 169/212. A continued public hearing. The Planner stated that Mr. Fred Hoisington, Brauer St Assoc., was present to gi v e the presentation. Hoisington reviewed the ownership, zoning, slopes, drainage; soils, vegetation , the concept plan, access, phases of parking, and grading plans. He also rev i e w e d the variance requests and stated that they would like to park one (1) bus on the site during the 1st phase construction. The Planner reviewed the staff report dated October 16, 1981 adding to #2, 15 0 f e e t on the south side of the eastern parking lot be left for soils to consolidate s u c h as was done on Braun's Industrial Office Building; and noted (#8) that the 2n d p h a s e parking has a bus storage Oroposed however, one (1) bus should be allowed to b e stored on the site prior to the 2nd phase but should be totally screened. He also stated that cash park fee is not applicable to churches. Gartner asked about the road vacation. The Planner stated that that is not e x p e c t e d to occur for a number of years and stated that when the City vacates a road R O W , i t is returned to the adjoining property owners and stated that this is an item t h a t the City Attorney would look at. . . Retterath asked about the tax situation. The Planner replied all the property would be tax exempt. Hallett asked what the property in the south of the site would be used for. Hois i n g t o n replied that would be recreational. Hallett then asked if any land will be dedicated. The Planner stated that that c o u l d be made part of the final platting and stated the Parks, Recreation and Natural Resources Commission looks at that. Bearman asked if the access on Co. Rd. 61 is necessary. Hoisington replied yes. Bearman stated he was concerned with the land use and asked the total asphalt coverage. Hoisington replied 43% coverage. Bearman expressed his concerns with the asphalt coverage, and the parking. He t h e n stated he felt that phase 2 parking should be made phase 1 parking with a possible parking ramp and asked the possibility of this. Hoisington replied that he fel t that a parking ramp is not a compatible use of the land. Bearman stated that h e felt that the parking should be screened as much as possible and that phase 2 parking should be switched with phase 1 parking and make 470 parking spaces in that first phase and there would be room for additional parking in the future. Hoisington stated that there is a problem with getting into the building if that is done. 2SsO Planning Commission Minutes • -2:- October 26, 1981 Sutliff asked why the landmark is proposed at suc h a h i g h e l e v a t i o n . H o i s i n g t e n •Tplied for identification, and that it anehors par t o f t h e w a l k w a y t o t h e m a i n entrance for the church. Jerry Speilman, 6601 Golden Ridge Drive, stated that t h e p r o p o n e n t h a s d o n e a g o o d job in working with the neighbors and felt that pha s e 1 p a r k i n g s h o u l d b e s w i t c h e d with phase 2 parking. Torjesen asked the Planner to state different ways t o f i n i s h a p a r k i n g l o t t h a t will be used 2 or 3 hours a week. The Planner state d t h a t i n t h e l o n g r u n , asphalt parking lots are the best. Sutliff asked if screening on the recreation field i s n e c e s s a r y . T h e P l a n n e r replied no. Hallett asked if the recreational uses are for the c h u r c h m e m b e r s o n l y . P a s t o r Leith Anderson replied it would be for the communi t y a l s o . , MOTION 1 Gartner moved to close the public hearing on the W o o d d a l e B a p t i s t C h u r c h P U D a n d preliminary plat request. Retterath seconded, moti o n c a r r i e d 7 - 0 . MOTION 2 Gartner moved to recommend to the City Council app r o v a l o f t h e P U D d a t e d 9 / 2 1 / 8 1 as per the October 16, 1981 staff report adding to # 2 o f t h e r e p o r t , ' a c c e p t i n g the south of the eastern parking lot' and adding to #8 'acce p t i n g o n e ( 1 ) and only one bus on phase 1 parking and it must b e t o t a l l y s c r e e n e d . R e t t e r a t h seconded. DISCUSSION Retterath asked that #9 be added to read ' that som e t y p e o f l a n d d e d i c a t i o n o r cash park fee be investigated for the community use o f t h e f a c i l i t i e s ' ; a n d # 1 0 that the 470 spaces of.parking be built in phase 2 p a r k i n g a r e a a n d t h a t p h a s e 1 parking be phase 2. Gartner was opposed to #10. AMENDMENT Retterath moved to amend the motion to include the 4 7 0 f r o n t ( i n i t i a l ) * * parking be placed where phase 2 parking is locate d . S u t l i f f s e c o n d e d , m o t i o n carried 4-3. Gartner, Hallett and Marhula voted n o . VOTE ON ORIGINAL MOTION WITH AMENDMENT Motion carried 6-1. Hallett voted no because of th e a m e n d m e n t . MOTION 3 farfner moved to recommend to the City Council approval of t h e r e z o n i n g f r o m R u r a l to Public based upon the 9/21/81 plans and the Oct o b e r 1 6 , 1 9 8 1 s t a f f r e p o r t w i t h the same additions as in motion 2. Retterath secon d e d , m o t i o n c a r r i e d 7 - 0 . MOTION 4 _ Gartner moved to recommend approval of the prelimi n a r y p l a t d a t e d 9 / 2 1 / 8 1 a s p e r the October 16, 1981 staff report with the same a d d i t i o n s a s i n m o t i o n 2 . R e t t e r a t h seconded, motion carried 7-0. 2551 2 662 Planning Commission Minutes approved October 13, 1981 ALL MEMBERS PRESENT WOOODALE BAPTIST CHURCH Retterath assumed the chair at this time. Enger stated that this meeting will serve as a presentational meeting from the proponent, as significant changes were made to the building. The request for amendment, etc„ will be made at the October 26, 1981 meeting. Fred Hoisington of Brauer & Associates Ltd., Inc., IntrAuced Pastor Leith Anderson of Wooddale Baptist Church who gave the background of the church and the conditions leading up to this proposal. He stated that the church is looking to a December 18, .1981,k closing date. Holsington reviewed the site plan giving total parking plan in Phase I as 470 spaces with an ultimate capacity of 1,100 spaces. Total seating In the proposed sanctuary is 1200 in Phase I (50,000 sq. ft.) and 1800 ultimate seating (100,000 sq. ft.). Torjosen asked if something other than full parking lot development has been discussed due to the large parking situation. Hoisington said ramp parking is a possibility but turf parking will not be possible because of soli conditions. Torjesen expressed concern In blacktopping the entire parking area which won't get a lot of use. Enger commented that a portion of the parking might be gravel at first, but the City ordinance does require hard surface ultimately. Enger commented that the Comprehensive Guide Plan does not show a church on this site, but a church is consistent with the Guide Plan in that it has commercial characteristics but is compatible with residential use. Retterath stated that Bearman said he is vehemently opposed to 31 acres being taken off the tax role through the proposed use. MOTION: Gartner moved to recommend continuation of the Wooddale Bapitst Church proposal to October 26, 1981. Hallett seconded the motion and it carried unanimously. NENDRANDUN fM1R DATE: SUBJECT: PROJECT:_ PROPONENT: Parks, Recreation and Natural Resources Commission Bob Lambert, Director of Community Services October.29, 1981 Development Proposal Check List Wooddale Baptist Church Wooddale Baptist Church REQUEST: PND Concept Approval for a church, rezoning from Rural to Public and pre- liminary platting of 3_parcels into one 31 acre piece. LOcAT1ox:The southwest corner of Oak Road and Flying Cloud Drive BACKGROUND: See Planning Staff Report Datee: 10/16/81 PARK AND RECREATION PLANNING CONCERNS 1. Type of development: Church and related uses 2. Number of units in residential development: N/A S. Number of acres in the project: 31 4. Special recreation space requirements: N/A S. Adjacent to any existing or proposed parks: Adjacent to Bryant Lake Park a. Affect on the park: This development will have very little direct a f f e c t o n the park. 6. Need for a mini park: no T. Cash park fee or land dedication? There is no cash park fee established for public zo n i n g . a. If Cash park fee dedication, amount based on existing or d i n a n c e w i l l t o t a l : b. If park land dedication, the number of acres to be dedic a t e d i s c. Existing or pending assessments or taxes on proposed p a r k p r o p e r t y t o t a l and will be paid prior to dedication. B. Adjacent to existing or proposed trails :Proposed bicycle trail along the west side of . Flying Cloud Drive. a. Type of trails Bicycle/Pedestrian b. Construction Material Asphalt C. Width of trail 8' d. Party responsible for construction Developer et. Landownership of trail location:(dedicated, purchased, ROW) ROW NAWRAL RESOURCE PRESERVATION CONCERNS I. Site grading plan considers natural amenities of the sit e ? The predominant feature on this site is a high knoll with a quality stand of oak vegetation. Appr o x i m a t e l y h a l f Of that vegetation will be removed for parking lots. The majority of the development of this high wooded knoll is on the western side of the knoll that will be screened from 169 and Flying Cloud Drive, but w i l l f a c e t h e W i d e n -Ridge neighborhood. 2. The most significant grading occurs in the same a r e a w h e r e t h e r e 0 . 1 1 be approx. a 25' cut in the side of this wooded hill for the pl a c e m e n t o f t h e p a r k i n g l o t . 2553 N/A N/A N/A 3 • Significant vegetation on the site includes: mainly the mature oaks 'that have been located by the developer and indicated on the site plan. 4. The site grading plan, indicates preservation of: approximately half of the oak vegetation and the highest portion of the high wooded knoll. S. Adjacent to public waters: N/A a. Affect on waters: REFERENCE CHECK 1. Major Center Area Study: N/A 2. Neighborhood Facilities Study: N/A 3. Purgatory Creek Study: EA 4. Shoreland Management Ordinance: N/A S. Floodplain Ordinance: N/A 6. Guide Plan : the 1979 Comprehensive Guide Plan shows this area as_low density residential. 7. Other : See Planning Staff Report under ordinance requirements. RECOMENDATIONS 1, Adjacent neighborhood type, and any neighborhood opinion voiced in favor or opposed to the project: Adjacent neighborhood has reviewed this plan and supports this development proposal. 2. Plaimingcmmission2ecomendatiow The Planning Commission recommended approval of Wooddale Baptist Church per the Planning Staff Report dated October 16, 1981. 1, Community Services Staff Recommendations: CommuilitYLServistS_Staff recommands approval as per the Planning Staff Report with the addition that the Developer should _grade in the base for the 8' bikeway to be located adjacent to Fying Cloud Drive. 2,55q Staff Report TO: FROM: • DATE: PROJECT: LOCATION: REQUEST: FEE OWNER: Plannning Commission Chris Enger, Director of Planning October 16, 1981 WOODDALE BAPTIST -CHURCH The southwest corner of Shady Oak Road and Flying Cloud Drive Planned Unit Development Concept approval for a church, rezoning from Rural to Public, and preliminary platting of two parcels into one 31 acre piece. Melvin Pavelka & Roy Olson BACKGROUND The 1979 Comprhensive Guide Plan shows this area as low density residential. A church is a good transitional land use between low density residential to the west and a freeway to the east. Because of the size of the church, we would consider this a regional use rather than one servicing just the surrounding neighborhood. This size of church needs the visibility supplied by the regional road system. This project is not affected by any shorelands, public waters, or floodplains. SITE PLAN Refer to Development Brochure. The major quality stands of vegetation are oak which is predominent on the high knoll in the center of the site and the high knoll in the very south- western corner of the site. Construction does not touch the southwestern wooded knoll, but does impact the western and northern portions of the central knoll. The majority of the quality vegetation on the central knoll will be preserved. SITE TOPOGRAPHY and GRADING The site is characterized as: the northern 200 feet of the site is a shallow depression about 10' lower than Shady Oak Road. The residential property to the west of the portion of the site rises 50 feet higher very sharply. The center of the site is a wooded hill. The area to the south- west of the central knoll is a depression some 30-35 feet lower. The higher areas of the site are better building soils and this is one of the reasons the center of the site was picked for the building. The lower portions of the site with poorer soils are to be utilized for parking lots. 2565' Staff Report-Wooddale Baptist Church page 2 The northern parking area will be completely visible from the residential area to the west. Parking will be partially obscured from Shady Oak Road by a slight rise currently existing in the R.O.W., but parking will be completely visible all along Flying Cloud Drive. This situation should be corrected by proper placement of berms in the grading plan. The northern depression area will be filled from 2-6' to provide the first phase parking area. The building will be notched into the hill. The large parking area in the southwest portion of the site will require about 10 feet of fill at the lowest point, however, some fill will be generated from two small hill features which will be cut into. The small parking lot along Flying Cloud Drive will be mostly 'at grade'. ORDINANCE REQUIREMENTS The site plan meets setbacks of the Public zone. Parking is adequate according to Ordinance requirements, (1 space/3 seats in largest assembly room), and fits the programming of the building. Overflow parking with other uses should be investigated prior to Phase II parking. The first phase parking is planned as gravel initially and this is not in confor- mance with our ordinance, which requires hard-surfacing. The parking does not s comply, as proposed, with screening requirements. A 60 foot high main building is proposed (Ord. max. 30') and a 75 foot landmark (Ord. max. 55'). The top of the building will be at 952 (equal to the high point of Golden Ridge Road and as high as the top elevation of the trees on the central knoll). Since there is so much topographic variation on the site, the sanctuary roof will be back dropped by the Golden Ridge hill and would be in an appr6priate scale. No specific landmark is proposed at this time, and should be handled later by the Board of Appeals, based upon an actual design. Building material is not given at this time but must be in conformance with Ord. #135. TRANSPORTATION Access to Shady Oak Road is critical to the church, although it is possible that in the future a full median would limit this access to a right-in right-out. Peak traffic for the church occurs on Sunday, all morning and late in the afternoon. The possibility of a day care and school at this site would also bring more traffic during the week. The free right-turn on Flying Cloud to eastbound Shady Oak will be im- portant. Construction responsibilities should be determined in a road feasibility study for this project and the City West project. '2.50 Staff Report-Wooddale Baptist Church Page 3 Traffic will be congested around this area on Sundays, as with most churches, but should not impair the majority of business and residential traffic in the area the rest of the week. Close access to a regional road network make this an ideal site for such a large church. BUSES Any buses left on the property must be stored inside according to Ord. 135. RECOMMENDATIONS The Planning Staff would recommend approval of the PUD, rezoning from Rural to Public, and preliminary plat subject to the following: 1. The northern parking lot must be screened from public roads, and the views from the western residential mitigated. This should be repre- sented in a revised plan prior to Council review. 2. The parking on the site must be hard-surfaced according to Ordinance requirements. 3. A road feasibility study should be done by the City to determine a road improvement schedule for Shady Oak Road and assessment responsibilities. 4.. The height of 60' for the main building should be approved but the 75' landmark would require review of a specific plan by the Board of Appeals. 5. The construction limits adjacent to the oak wooded areas should be fenced for protection prior to site grading. 6. The Nine-Mile Creek Watershed District must review and approve -all drainage plans. 7. The building materials must be according to Ord. #135. 8. All buses to be stored on the site must be completely enclosed. CE:ss A55'1 004 ESOti 0 1, Minnesota . IDeparlment of Transportation 4 g District 5 'If 2055.No. Lilac Drive oF Tvov Golden Valley, Minnesota 55422. October 20, 1981 021 545-3761 Mt. Chris Enger Planning Director City of Eden Prairie Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 In Reply Refer To: 315 S.P. 2763 T.H. 169 Plat review of Wooddale Baptist Church located in the SW quadrant of the CSAH 61 Interchange in part of Section 1, Township 116, Range 22 in the City of Eden Prairie, Hennpin County Dear Mr. Edger; We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. This plat was previously reviewed by us as a plat named Interstate Detroit Diesel Allison Inc. Our comments were sent to you on August 15 and September 2 of this year. We have no additional comments to offer at this time. The developer should understand that before any work is begun on Mn/DOT right of way he must have approved permits from this office. If you have any questions in regard to our previous comments, please contact our District Layout, Research and Development Engineer Mr. J. S. Katz at 545-3761 ext. 150. Thank you for your cooperation in this matter. cc: Charles Weaver Metropolitan Council Mike Reiter Hennepin County Surveyor's Office An Equal Opportunity Employer ® 551 DEPARTMENT OF TRANSPORTATION 320 Washington Av. South Hopkins, Minnesota 55343 935-3381 HENNEPIN October 6, 1981 W. Chris Eager Planning Director City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mr. Enger: RE Proposed Plat - Nooddale Baptist Church" CSAH 61 SW Quadrant Flying Cloud Drive Section 1, Township 116, Range 22 Hennepin County Plat No. 967 Review and Recommendations Minnesota Statutes 50.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and found it acceptable with consideration of these conditions: -The developer should dedicate additional right of way to make the minimum right of way 50 feet from the center of CSAH 61. The approximate right of way dedication is shown on Attachment 1. -The proposed access to CSAII 61 meets minimum sight distance requirements. -As development increases along CSAH 61 and median is installed on CSAH 61 to help control traffic movement, a median opening at the location of the proposed CSMI 61 access to this plat cannot be guaranteed. If an access to the property north of this plat is directly opposite the proposed Wooddale Baptist access to CSNI 61 a median opening is more likely. -Any new access to a County road requires an approved Hennepin County entrance permit. See our Traffic Division for entrance permit forms. -Since the plat abuts TH 169/212, it must receive Mh/DOT approval. -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. HENNEPIN COUNTY an equal opportunity employer 2559 Mr. Chris Enger - 2 October 6, 1981 -The developer must restore all areas disturbed during construction within County right of way. Please direct any response or questions to Les Weigelt. Sincerely, Janes M. Wald, P.E. Chief, Planning and Programming ' B Les D. Weigelt Planning and Programing JMW/LDW:pj Attachment cc: Brauer Assoc. Ltd., Inc. 2S(00 7,1± • " "i" NI:- ..;''', • . 0,1,...::::::,::: ....4''..•........: :":,.. 1 _, e•_. i ,‘„, A -1' IV A I. -,;' '. '' • RIDGE . • , „ ',... •,! GOLD E.._____„.„,..v..:_ji__________--.—." 7- _ : - - ,,„,, Zs:. 88 r2e s ".•,r4 5: rY1 414 2:17- _ • 1,4 ST 'bs- 38K ' .cergE e•—•n U. 0 -4 0 (MO gt• • • nt. .11!? • 1 I "7- 5ta Wooddale Baptist Church PUD CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 81-229 A RESOLUTION APPROVING THE WOODDALE BAPTIST CHURCH 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 lo- cated within the City, and WHEREAS, the Wooddale Baptist Church PUD is considered a proper amendment to the 1979 Comprehensive Guide Plan, and WHEREAS, the City Planning Commission did conduct a public hearing on Wooddale Baptist Church on October 26, 1981 and considered their request and recommended approval of the PUB Concept to the City Council, and WHEREAS, the City Council did consider the request on November 17, 1981. NOW THEREFORE BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The Wooddale Baptist Church PUB, 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 PUB approval as outlined in the material dated 9/21/81. 3. That the PUB meet the recommendations of the Planning Commission dated October 26, 1981. . ADOPTED, by the City Council of Eden Prairie this . 1981. day of WITiI H . Penzel, Mayor ATTEST: John D. Frane, City Clerk SEAL .10 LEGAL DESCRIPTION The North Half of that part qf t h e S o u t h w e s t Q u a r t e r o f the Southwest .Quarter of Section 1, Township 1 1 6 , R a n g e 22., lying West of State Highway 1 6 9 , H e n n e p i n C o u n t y , Minnesota, and, that part of th e N o r t h w e s t Q u a r t e r o f t h e Southwest Quarter of Section 1, T o w n s h i p 1 1 6 N o r t h , R a n g e 22 West of the 5th Principal Me r i d i a n , d e s c r i b e d a s beginning at the Southwest corn e r o f t h e N o r t h w e s t Quarter of said Southwest Quart e r ; t h e n c e N o r t h a l o n g t h e West line of said Southwest Qua r t e r t o a p o i n t d i s t a n t 1034.21 feet Southerly, as meas u r e d a l o n g s a i d W e s t l i n e from the Northwest corner of sai d S o u t h w e s t Q u a r t e r ; thence Easterly deflecting to th e r i g h t 1 0 7 d e g r e e s , 1 5 minutes, a distance of 186.30 f e e t ; t h e n c e N o r t h e r l y deflecting to the left 87 degrees, 19 minutes a di s t a n c e of 813.97 feet to a point on a l i n e p a r a l l e l w i t h a n d 4 0 feet southwesterly of, as measu r e d r a d i a l t o , t h e c e n t e r line of County State Aid Highwa y N o . 6 1 , a s d e s c r i b e d i n Document-No. —378871date -d3une:..11.I.3969thence Southeasterly along said parall e l l i n e t o t h e W e s t e r l y right-of-way line of U.S. Highw a y N o . 1 6 9 a s d e s c r i b e d from Line B in Document No. 382 1 8 6 0 , N o t i c e o f Amendment to Lis Pendens; thence Southerl y , N o r t h e a s t e r l y , a n d Southeasterly along said right- o f - w a y l i n e t o t h e S o u t h line of the Northwest Quafter o f s a i d S o u t h w e s t Q u a r t e r ; thence Westerly along said Sout h l i n e t o t h e p o i n t o f beginning. Subject to slope ea s e m e n t s p e r a m e n d e d N o t i c e to Lis Pendens and subject to a n e a s e m e n t f o r O l d C o u n t y State Aid Highway No. 61. EXHIBIT A 5(.0 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 81-230 RESOLUTION APPROVING THE PRELIMINARY PLAT OF WOODDALE BAPTIST CHURCH BE IT RESOLVED by the Eden Prairie City Council as follows: That the preliminary plat of Wooddale Baptist Church dated Sept. 21, 1981 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 . Wiligang H. Penzel. Mayor. John D. Frane, City Clerk SEAL . November 17, 1981 ST -E OF MINNESOTA CI.. OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 9050 9051 9052 9053 9054 9055 9056 9057 9058 9059 9060 9061 9062 9063 9064 9065 9066 9067 9068 9rq 9.J 9071 9072 9073 9074 9075 9076 9077 9078 9079 9080 9081 9082 9083 9084 9085 9086 9087 9088 9089 9090 9091 9092 9093 9"4 OL6 9096 9097 9098 9099 UNIVERISTY OF MINNESOTA HENNEPIN COUNTY ED. PHILLIPS & SONS CO. GRIGGS, COOPER & CO., INC. INTERCONTINENTAL PACKAGING OLD PEORIA COMPANY, INC. MINNESOTA DISTILLERS, INC. JOHNSON BROTHERS WHOLESALE MIDWEST WINE CO. TWIN CITY WINE CO. PAUSTIS & SONS EAST AREA FENCE CO. FEDERAL RESERVE BANK DEPARTMENT OF EMPLOYEE RELATIONS COMMISSIONER OF REVENUE DON OMODT, HENNEPIN COUNTY MINNESOTA STATE RETIREMENT SYSTEM AETNA LIFE INSURANCE GREAT WEST LIFE ASSURANCE UNITED WAY OF MINNEAPOLIS PERA SUPPLEE'S 7 HI ENTERPRISES PRAIRIE VILLAGE MALL ASSOCIATES HOPKINS POSTMASTER U.S. POSTMASTER ROBERT LAMBERT PINOCCHIO CHAPTER, ASSOC. OF MPLS. ED. PHILLIPS & SONS JOHNSON BROTHERS WHOLESALE LIQUOR MIDWEST WINE CO. OLD PEORIA COMPANY, INC. GRIGGS, COOPER & CO., INC. PAUSTIS & SONS CAPITOL CITY DISTRIBUTING CO. MINNESOTA DISTILLERS, INC. U.S. POSTMASTER WESTERN LIFE INSURANCE PHYSICIANS HEALTH PLAN BLUE CROSS INSURANCE HMO SERVICES HMO SERVICES GROUP HEALTH PLAN ACRO-MINNESOTA, INC. ACTION REDDY RENTS AEROBIC DANCING, INC. AEROBIC DYNAMICS MASOOD AL! AMERICAN LINEN SUPPLY CO. AMERICAN NATIONAL BANK & TRUST AMERICAN NATIONAL BANK & TRUST Fee-Police Dept. Property taxes Liquor Liquor Wine Liquor Liquor Liquor Wine Wine Wine Kennel-Police Dept. Payroll Payroll Payroll Payroll Payroll Payroll Payroll Payroll Payroll Rent-Preserve Liquor Store Rent-Prairie Village Mall Postage-Happenings Nov/Dec Postage-Police Dept. Expenses Expenses-Xmas Idea House Tour Wine Liquor Wine Wine Liquor Wine Wine Liquor Postage-Bond Referendum mailings Insurance Insurance Insurance Insurance Insurance Insurance Office supplies Equipment rental-Park Dept. Instructors-Aerobic Dance Instructor-Aerobic Dance Expenses-Engineering Dept. Service Service Bond Payment $ 42.00 176.20 2,790.51 1,157.30 711.20 337.08 1,355.38 1,678.85 861.39 981.84 322.93 370.00 14,645.75 26,182.10 5,596.26 113.49 40.00 90.00 675.00 46.96 10,749.9/ 2,839.39 2,098.58 553.71 200.00 168.75 183.00 4,112.42 4,482.38 1,257.73 2,906.80 5,311.34 . 268.50 79.00 1,275.87 477.00 587.75 7,347.23 588.65 624.10 1,612.58 1,083.25 136.07 35.00 756.00 276.00 35.00 8.45 75.00 176,797.09 Page two Ny-mber 17, 1981 9111 BRYAN ROCK PRODUCTS, INC. 9112 CHANHASSEN AUTO PARTS 9113 CHAPIN PUBLISHING COMPANY 9114 CHEMLAWN 9115 CITY ENGINEERS ASSOCIATION 9116 CLUTCH & U-JOINT BURNSVILLE, INC. 9117 COMMISSIONER OF TRANSPORTATION 9118 COMMUNITY DANCE CENTER 9119 COMPUTER ELECTION SYSTEMS, INC. 9 1 '0 CONTINENTAL BANK TRUST S COPY EQUIPMENT INC. 9122 CROWN RUBBER STAMP CO. 9123 CUTLER-MAGNER COMPANY 9124 WARD F. DAHLBERG 9125 DISPLAY FIXTURES COMPANY 9126 SANDY DOLE 9127 DORHOLT PRINTING 9128 EDEN PRAIRIE NEWS 9129 EDEN PRAIRIE SANITATION CO. 9130 EDEN PRAIRIE SCHOOL DISTRICT 9131 EDEN PRAIRIE STEAK ASSOCIATES 9132 CITY OF EDINA 9133 ELVIN SAFETY SUPPLY, INC. 9134 EMPIRE-CROWN/AUTO, INC. 9135 CHRIS ENGER 9136 ANDREA ENQUIST 9137 FEED-RITE CONTROLS INC. 9138 FLEX-O-LITE DIVISION 9139 FLYING CLOUD OIL CO. 9140 FLYING CLOUD SANITARY LANDFILL 9141 JAN FLYNN 9142 JAMES FORD 9143 FREEWAY FORD, INC. 9144 FRONTIER LUMBER & HARDWARE r 4 5 KARIN GORI DALE GREEN CO. 9147 GROSS INDUSTRIAL SERVICES 9148 GUNNAR ELECTRIC COMPANY INC. 9149 HAYDEN-MURPHY EQUIPMENT CO. 9150 HENNEPIN COUNTY DIRECTOR Of PROPERTY 9100 AMERICAN PLANNING ASSOCIATION 9101 EARL F. ANDERSEN & ASSOCIATES 9102 ARTEKA INCORPORATED 9103 ASSOCIATED ASPHALT, INC. 9104 ASTLEFORD EQUIPMENT CO., INC. 9105 BALDWIN COOKE COMPANY 9106 BLOOMINGTON OFFICIALS ASSN. 9107 PAUL J. BROWN 9108 BUSINESS FURNITURE, INC. 9109 BUTCH'S BAR SUPPLY 9110 BRAUN ENGINEERING TESTING, INC. Book-Planning Dept. Playstructure, paint, signs Landscape material Blacktop Equipment repair & parts Supplies-Manager Basketball official fees Football official File-Assessing Dept. Supplies-Liquor Stores Service-Bennet Place, Valley View Road, Creekview Estates, Red Rock Park, West 70th Street Rock Equipment repair & parts Legal ad Service-Water Dept. 1982 Dues-Engineering Dept. Equipment repair & parts Service-Lake Idlewild Instructor-Exercise class Ballot cards-Election Bond payment Equipment repair-Engineering Dept. Engraved plate Quicklime-Water Dept. Mileage Equipment-Liquor Store/Preserve Refund-Rec Dept. Office supplies Subscription-City Manager October Service October 81 Custodial Service Overpayment on liquor license Tests Ear plugs-Park Dept. Equipment parts Expenses Refund-Rec Dept. Sulfate-Water Dept. Supplies-Street Dept. Fuel-Historical Building Service-Forestry Dept. Mileage Service-Pavelka Property Equipment parts Lumber-Water Dept. Instructor-Calligraphy Black dirt Service Furnace repair-City Hall Equipment repair & rental October service-Tree Debris 11.13 , 13,794.15 25.20 16,857.60 2,888.48 17.00 308.00 352.00 ' 498.45 2,975.81 3,422.35 924.56 91.52 192.06 10.00 132.67 93.05 490.00 397.26 110,145.00 71.56 7.25 1,553.56 75.5C 124.02 3.0e 124.6 2. 11.00 90.00 200.00 84.0( 33.06 13.48 150.00 3.00 1,621.6 44.21 163.2/ 28.01 44.2' 328.50 9.0(' 158.5 114.0(' , 661.8C 60.77 111.0(, 600.00 2 1;64 Page three nber 17, 1981 9151 HOPKINS DODGE SALES, INC. 9152 HOPKINS PARTS CO. 9153 .WILLIAM K. HORNIG 9154 INSTY-PRINTS 9155 INTERDESIGN INC. 9156 CHRIS JESSEN 9157 SANDRA JOHNSON 9158 JUSTUS LUMBER COMPANY 9159 K & K HEATING & PLBG. 9160 KARULF HARDWARE INC. 14.05 122.45 Equipment repair & part i 353.65 Office supplies-Engineering Dept. 29.90 Service 11,857.40 Football official 68.00 Refund-Rec Dept. 21.00 Lumber 241.20 Overpayment on Plumbing permit 3.50 Equipment parts Mileage Shovel, string, keys, drills, electrical 575.62 supplies, tubing, cheesecloth, concrete mix, lock, hand cleaner, trailer hitch, grease, fuses, bolts, nuts, washers, screws, wrench hammer, spray paint, rakes, gloves, trowel caulk, batteries Wire, cable-Water Dept. Sod 214.96 186.38 Legal service Refund-Rec Dept. 9,362.96 21.00 Service Towing Service 163.10 4 .1 Service 4 November 81 Sewer Service B 40,314.06 Blacktop 1,896.56 Refund-Rec Dept. 21.00 Refund-Rec Dept. 21.00 Service 786.90 Fuel-Senior Citizen Center Sand 191.10 195.07 Trees-Forestry Dept. 3,427.00 Hydrant repair-Water Dept. 125.14 Service 7,965.60 Service-Pioneer Trail 640.00 Service 2,424.74 Bond Payment 328,239.00 Oxygen 24.75 Instructor-Rec Dept. 3,812.80 Mileage 28.50 Sand 6.90 Equipment repair 9.20 Instructor-Kids Korner 300.00 Electrical repair-Park Dept. 1,122.00 Football official 308.00 Service-Eden Prairie Community Center 49,320.00 Pliers-Street Maintenance 26.50 Service-Pavelka property 300.00 Equipment repair & parts-Fire Station 607.20 Service-Schooner Blvd., Westwood Ind. Pk 36,701.33 Autumn Woods, Valley View'Rd., Franlo Rd. & Preserve Blvd Utilities, 70th St Improve., Round Lake Estates, Cardinal Creek Estates, Meadow Park, Rymarland Camp 2nd Addition, Sunset Trail Estates Utilities, Valley Place Office Improvements n r/ i 9161 KRAEMER'S HOME CENTER 9162 KEN KRAFT 9163 LANG, PAUL? & GREGERSON, LTD. 9164 KIM LARSON 9165 LEEF BROTHERS, INC. 9166 MATT'S AUTO SERVICE, INC. 9167 METRO FONE COMMUNICATIONS, INC. 9" METROPOLITAN WASTE CONTROL 91 kA MIDWEST ASPHALT CORPORATION 9170 MARY MILLER 9171 MARY MILLEVOLTE 9172 MINNESOTA GAS COMPANY 9173 M-V GAS COMPANY 9174 WM. MUELLER & SONS INC. 9175 NOBLE NURSERY 9176 NORTH STAR WATERWORKS PRODUCTS 9177 NORTHERN STATES POWER CO. 9178 NORTHERN STATES POWER CO. 9179 NORTHWESTERN BELL TELEPHONE 9180 NORTHWESTERN NATIONAL BANK OF MPLS. 9181 NORTHWOOD GAS CO., INC. 9182 CHRIS PALM 9183 CHUCK PAPPAS 9184 W.G. PEARSON, INC. 9185 PENN AUTO PLAZA AMC/JEEP 9186 SUE PIERSON 9187 PRAIRIE ELECTRIC COMPANY, INC. 9188 CHUCK PUFAHL 9189 RAINBOW MECHANICAL INC. 9190 DAVID RAQUET 9191 GERALDINE RERAT 9192 RIDGE DOOR SALES CO. OF MINNESOTA (3 R CM Page four November 17, 1981 9194 9195 9196 9197 9198 9199 9200 9201 9202 9203 9204 9205 9206 9207 9208 9209 9210 9211 9212 9213 9214 9215 9716 ! 7 9218 9219 9220 9221 9222 9223 9224 9225 9226 9227 9228 9229 9230 9231 9232 9233 9234 9235 9236 9237 9238 9239 9240 99 41 t2 9243 9244 9245 9246 214.40 65.00 780.00 50.00 79.26 Center 1,719.25 220.85 7.43 585.77 37.20 193.96 103.94 290.6n 600.00 403.80 28.50 279.25 17.00 136.13 309.99 1,792.91 47.63 .660.70 385.00 417.2? Lake Rd 24,193.12 4,000.00 366.65 80.35 75.00 45.00 129.77 1,725.00 714.00 58.00 14.65 50.00 hammer, nails 125.70 103.17 279.11 20.15 96.00 279.94 2.00 118.00 5.16 9.87 75.40 38.61 7.00 621.64 6,108.97 ST. PAUL DISPATCH SATELLITE INDUSTRIES, INC. SCHMIDT SOD COMPANY KATHLEEN M. SCHUMACHER R.N. SEELYE PLASTICS, INC. SMILEY GLOTTER ASSOCIATES W. GORDON SMITH CO. SON OF A PRINTER SOUTHWEST SUBURBAN PUBLISHING INC. SPRAM INC.. SUBTERRANEAN ENGINEERING INC. SUBURBAN AUTO ELECTRIC, INC. SUBURBAN CHEVROLET CO. MIKE TEITELBAUM BURTON THIEM CARRIE TIETZ TWIN CITY TESTING UNIVERSITY OF MINNESOTA VANS PINES INC. WALDOR PUMP & EQUIPMENT CO. WATER PRODUCTS COMPANY SANDRA WERTS ZIEGLER INC. CITY OF BLOOMINGTON BUSINESS FURNITURE, INC. CHICAGO, MILWAUKEE, ST. PAUL ROGUE SWENSON CONSTRUCTION MODERN TIRE CO. NORTHWESTERN BELL TELEPHONE CO. BUSINESS FURNITURE, INC. CHIEF'S TOWING GENERAL COMMUNICATIONS, INC. GENERAL ELECTRIC COMPANY HENNEPIN COUNTY SHERIFF'S DEPART-COUNTY OF HENNEPIN DONNA HYATT HENNEPIN TECHNICAL CENTERS KARULF HARDWARE INC. KNOX LUMBER KUSTOM ELECTRONICS INC. MEDICAL OXYGEN & EQUIPMENT CO. METRO PRINTING INC. METROPOLITAN FIRE EQUIPMENT CO. NORTHWESTERN BELL TELEPHONE RAPID COPY, INCORPORATED REGISIER MEDIA INC. ROBERTS DRUG NORBERT ROGERS SOUTHWEST SUBURBAN PUBLISHING INC. SUPPLEE ENTERPRISES, INC. KEITH WALL XEROX CORPORATION BEER WHOLESALERS • Employment ad-Community Center Portable restrooms Sod Tests Equipment-Water Dept. Service-Eden Prairie Community Supplies-Street Maintenance Printing-Senior Citizens Center Legal ads Equipment repair & parts Service-Sunset Trail Estates Equipment repair & parts Equipment repair & parts Instructor-Karate Service-Pavel km property Service Oxygen Conference-Planning Dept. Trees-Forestry Dept. Equipment repair & parts-Sewer Dept. Generator, Ext. Kit t -Water Dept. Mileage Tires, Equipment parts September 81 Service Table & Desk Service-Valley View Rd & Duck Community Center Walk & Plaza Equipment repair & parts Service Frame for chair-Police Dept. Towing Service Equipment repair & parts Antenna-Police Dept. Board of Prisoners September 81 bookings Expenses Conference-Planning Dept. Batteries, tarp, tape, sledge Lumber-Hockey rink Equipment-Police Dept. Oxygen-Fire Dept. Business cards-Police Dept. Chemicals-Fire Dept. Service Liquor ID cards Ads-Liquor Stores Supplies-Police Dept. Supplies-Fire Dept. Ads-Liquor Stores Supplies-Liquor Store/Preserve Expenses Service Beer 15-U 2%9 Page five November 15, 1981 • 9247 CAPITOL CITY DISTRIBUTING Beer 49.80 9248 CITY CLUB DISTRIBUTING Beer 3,122.27 9249 COCA-COLA BOTTLING MIDWEST Mixes 515.20 9250 DAY DISTRIBUTING Beer 3,464.47 9251 EAST SIDE BEVERAGE CO. Beer 6,153.20 9252 GOLD MEDAL BEVERAGE Mixes 183.50 9253 KIRSCH DISTRIBUTING CO. Beer 625.30 9254 A.J. OGLE CO., INC. Beer 1,499,85 9255 PEPSI COLA/7 UP BOTTLING CO. Mixes 427.80 9256 THORPE DISTRIBUTING CO. Beer 9,356.35 9257 STEVEN CALHOON Mileage 8.50 9258 ENEBAK CONSTRUCTION INC. Service-Staring Lake Park & Red Rock Park 34,819.83 9259 A & K CONSTRUCTION INC. Service-Water Treatment Plant 47,624.95 9260 VOID OUT CHECK 9261 BROWN & CRIS INC. Service-Rymarland Camp 2nd Addition 2,686.95 9262 BROWN & CRIS, INC. Service-Sunset Trails Estates 9,860.21 1 9263 ASPHALT PAVING MATERIALS Service-Eden Road 16 4 140.60 9264 HENNEN CONSTRUCTION CO. Service-San., Storm sewer, watermain 33,412.99 9265 RICHARD KNUTSON, INC. Service-Valley Place Office Park 84,184,77 9266 RICHARD KNUTSON, INC. Service-Bennett Place Improvements 33,393.21 9267 MINN-KOTA EXCAVATING INC. Service-Water Treatment Plant 66,574.10 9268 NORTHDALE CONSTRUCTION CO. Service-West 70th Street Utilities 49,151.95 9269 PROGRESSIVE CONTRACTORS, INC. Service-Valley View Road Phase II 64,608.47 EI PROGRESSIVE CONTRACTORS, INC. Service-Valley View Road 2,980.15 94/1 BARBAROSSA &SONS, INC. Service-Water Treatment Plant Additions 379,442.35 TOTAL $1.848,078..53 i 2570 MEMORANDUM TO: FROM: SUBJECT: DATE: Mayor and City Council City Manager Carl Jullie CY"— Utility Rate Changes for 1982 November 10, 1981 The attached memo of November 3, 1981, from John Frane outlines our proposed changes in sewer and water rates for 1982. These changes are consistent with the longer term rate program addressed and approved by the City Council last year and summarized in the attached memo dated November 14, 1980. Recommend that the City Council authorize the 1982 utility rate changes as per Mr. Frane's memo of 11/3/81, including the change in late fee policy. CJJ:jp Attachments TO: Mayor and City Council FROM: John D. Frane, Finance Director DATE: November 3, 1981 RE: Utility rates for 1982 Present rates are: For water; 620/1,000 gal; 17,000 gals. minimum/qtr; $10.54 minimum charge/qtr. For sewer; 800/1,000 gal; 13,100 gals. minimum/qtr; $10.50 minimum charge/qtr. Fixed charge 2.96 $24.00 minimum charge/qtr. Suggested 1982 rates: For water; 710/1,000 gal; 14,000 gals. minimum/qtr; $ 9.94 minimum charge/qtr. For sewer; 950/1,000 gal; 8,000 gal. minimum/qtr; $ 7.60 minimum charge/qtr. Fixed charge 6.46 $24.00 minimum charge/qtr. The water rate adjustment is necessary in order to continue to recover our current costs of operation. The sewer adjustment is a result of our 1982 bill for sewage disposal which is estimated to be 890/1,000 gallons with 60/1,000 gallons for City costs. The Council should also consider changing our late fee policy from $1.00 and 6% per year to 1% per month on the unpaid balance. JDF/bw 11/3/81 57/ The attached rate structure and its effect are attach e d f o r y o u r c o n - sideration. We are suggesting a water connection cha r g e o f $ 4 0 0 t o b e established in 1981. 2 572 44945- To: Mayor and Council From: John Frane Date: November 14, 1980 Re: Utility rates Our financing plan for the utility system indicates t h a t a p o r t i o n o f the user fees would be set aside and used for debt s e r v i c e , i n f a c t , a s the City would become devel oped special assessment c o l l e c t i o n s a n d c o n n e c t i o n charges would no longer be a significant revenue sou r c e a n d u s e r f e e s w o u l d have to be used to support the debt services. In order to assure that sufficient funds will be av a i l a b l e w h e n n e e d e d the City should begin to adjust the utility rates. At present the rates are 50t/1000 gallons for water a n d 6 8 t / 1 0 0 0 g a l l o n s for sewer. The minimum gallons for water are 27,000 ; t h e s e w e r m i n i m u m is 15,400 gallons. I would suggest, over a 6 to 8 year period, that the f o l l o w i n g c o n c e p t be implemented. 1. Eliminate the minimum gallons 2. Establish a fixed charge to be billed without regard to gallons used. This amount would go to debt service. 3. Establish per thousand rates which will cover operating costs and make some contribution to debt service. PER QUARTER Year WATER SEWER BILL FOR 1000's GALLONS USED (WINTER QUARTER) Min /1000+Fixed Min Min /1000+Fixed Min Minimum Gal Bill Gal Bill Per Bill 1980 27.0 .50 -0- 13.50 15.4 .68 -0- 10.50 $24.00 1981 17.0 .62 2.96 13.50 13.1 .80 -0- 10.50 24.00 1982 15.0 .68 3.30 13.50 8.8 .85 3.00 10.50 24.00 1983 10.0 .75 6.00 13.50 8.3 .90 3.00 10.50 24.00 1984 5.0 .83 9.35 13.50 4.0 .95 6.75 10.50 24.00 1985 0.0 .91 13.50 13.50 0.0 .95 10.50 10.50 24.00 1986 0.0 1.00 13.50 13.50 0.0 .95 10.50 10.50 24.00 5 10 15 20 25 30 35 40 $24.00 $24.00 $24.00 $27.10 $30.50 $35.40 $41.30 $47.20 24.00 24.00 25.50 31.36 38.46 45.56 52.66 59.76 24.00 25.00 29.25 36.90 44.55 52.20 59.85 67.50 24.00 25.50 33.75 42.00 50.25 58.50 66.75 75.00 25.00 33.90 42.80 51.70 60.60 69.50 78.40 87.30 33.30 42.60 51.90 61.20 70.60 79.80 89.10 98.40 33.75 43.50 53.25 63.00 72.75 82.50 92.25 102.00 z5-7q MEMORANDUM TO: Mayor and City Council FROM: City Manager Carl J. Jullie 1 SUBJECT: Agreement Contract No. 830 with MWCC for repayment of 1971-72 reserve capacity charges DATE: November 13, 1981 Attached Agreement No. 830 with the Metropolitan Waste Control Commission is submitted for Council approval. This agreement represents the formalized approval of a previously proposed settlement of 1971 and 1972 reserve capacity charges imposed by MWCC,which the Council approved on April 3, 1979 in a slightly alternate form. Mr. Ulstad submitted the proposed settlement to the Commission over two years ago, but the Commission failed to take any action on the matter until recently. During August of this year, Mr. Frane and I appeared before the Waste Control Commission and negotiated the agreement now submitted for Council approval The originally submitted agreement calls for a repayment of $1,665,000 over an estimated period of 26 years by adding a surcharge ranging from $75.00 to $215.00 per SAC unit over the 26 year period, based upon an estimated 500 SAC units per year. The agreement now submitted for your approval calls for a repayment of the same $1,665,000 over a 15 year period by adding a surcharge of $80.00 to $150.00 per SAC unit based on an estimated 1,000 SAC units per year, which closely approximates our actual connection experience over the past several years. The annual amount to be paid by the City will be computed by multiplying the actual number of SAC units connected times the rate for that year rather than any fixed amount. At the end of the 15 year period, any unpaid balance of the $1,665,000 sum will become due. Likewise, the debt may be retired sooner than 15 years if our SAC rate exceeds 1,000 per year. We reconnend Council approval of Agreement No. 830 with the MWCC which will be applicable to all new sewer connections as of January 1, 1982. CJJ:jp METROPOLITAN WASTE CONTROL COMMISSION 350 Metro Square Building, Saint Paul, Minnesota 55101 • 222-8423 AGREMENT FOR REPAYMENT OF DEFERMENT CONTRACT NO. 830 THIS AGREEMENT Made and entered into by and between the Metropolitan Waste Control 0:omission (hereinafter called the "(Xmmission"), and the City of Eden Prairie in Hennepin COLnty (hereinafter' called "Eden Prairie"): WTINESSETH THAT In the joint and mutual exercise of their powers, and in consideration of the mutual covenants herein contained, the parties hereto recite and agree as follows: Section 1. Recitals. 1.01 Pursuant to Minnesota Statutes, Section 4730.10, the Cantission prepared and submitted to the Metropolitan Council and the Council all, ved its Operating Budgets for the calendar years 1971 and 1972. Each of these Operating Budgets included a schedule showing the allocation of the Commission's current costs for the year in question among local government units in the Metropolitan Area, including Eden Prairie, in accordance with Section 473C.08. In approving each Budget, the Commission and Council determined, pursuant to Section 473C.08, Subdivision 6, that a portion of the current costs to be allocated to Eden Prairie should be deferred for payment at a later time with interest. The current costs so deferred comprise only debt service costs of unused or reserve capacity, and the amount thereof deferred for 1971 was $664,220.80, and for 1972 was $555,581.27. None of the current costs so deferred have been repaid, and a dispute has existed between the Cemmission and Eden Prairie as to the propriety, amount, and the interest Obligation on the deferred cost obligation of Eden Prairie. 2575 1.02 The °omission and Council contemplated that no additional deferments of current costs will have to be granted for 1973 and subsequent years, and have determined that whenever possible each local government unit to which .a deferment was granted should enter into an agreement providing for the repayment of the amount so deferred, with interest at the rate required by law. 1.03 In order to resolve the dispute between Eden Prairie and to facilitate a compranisewhich is in the best interest of the pUblic and the parties, the following agreerent is made as set forth in Section 2 below: Section 2. Deferment Repayment. Eden Prairie will repay to the CaniSsion the amount deferred for 1971 and 1972 in the amount of $1,219,802.07, and accumulated interest of $445,197.93, resulting in a total amount of $1,665,000 with no additional accumulation and accrual of interest. 2.01 Payment shall be due September 1st of each year based on a surcharge to the SAC unit fee on actual SAC units reported at the following rates: YEAR SURCHARGE RATE 1982 $ 80 1983 85 1984 90 1985 95 1986 100 1987 105 1988 110 1989 115 1990 120 1991 125 1992 130 1993 135 1994 140 1995 145 1996 150 -2- 2.02 Failure to rake the agreed payment on Septenber 1st of each year shall Obligate Eden Prairie to pay interest on amount of late pant at the rate of 12% per amman. 2.03 Any remaining balance as of December 31, 1996 shall be due and payable on or before January 31, 1997. In the event that the payment schedule set forth above results in total payment of Eden Prairie's obligation prior to December 31, 1996, then Eden Prairie will be discharged fran further obligation under this agreement. CITY OF EDEN PRAIRIE NETROPOISTAN MNIE CONTROL OaMMLSSICN By BY Mayor Chairman BY BY City Clerk Chief Administrator Approved as to form: By MCC Legal Counsel 2 5'77 -3- CJJ:jp MEMORANDUM TO: Mayor and City Council FROM: City Manager Carl J. Jullie SUBJECT: Lawsuit on Local Government Aid City of Ramsey DATE: November 13, 1981 Recently Mr. Frane and I met with Mr. Lloyd Schnelle, Manager from the City of Ramsey, to discuss his request that the City of Eden Prairie join with the Minnesota League of Small Cities in exploring the possibilities of initiating a lawsuit to test the constitutionality of the present formula which the State uses to distribute Local Govern- ment Aid. The MLOSC studies seem to indicate that there is a wide disparity among cities in aids received, ranging from $12.51 to $107.76 per capita in 1980, with Eden Prairie at $28.22 per capita. They have tried unsuccessfully to amend the formula through the political process and now they feel that the only approach remaining is through the courts. This would be a lawsuit similar to that regarding fiscal disparities. Mr. Schnelle has requested that the City cooperate with their efforts by contributing approximately $1,000 towards initial legal fees to determine if it would even be feasible to pursue the lawsuit. The law firm of Lang, Pauly and Gregerson would be involved in the required research. It is our recommendation that the City not become involved in this issue at the present time, but rather wait until we have a ruling on fiscal disparities which may settle many of the same issues. Also at this point we are uncertain as to the future of all local government aid in view of the State's current funding problems.