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HomeMy WebLinkAboutCity Council - 01/05/1982JOHN D. FRANE IlLESDAY, JANUARY 5, 1982 EDEN PRAIRIE CITY COUNCIL 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 Franc; Planning Director Chris Enger; Director of Community Services Bob Lambert; Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael COUNCIL MEMBERS: COUNCIL STAFF: INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES ' 7/7 A 4fr'' A. Minutes of the City Council Meeting held Tuesday, December 15, 1981 B. Minutes of the Special City Council Meeting held Saturday, December 19, 19e.1 Ill. CONSENT CALENDAR A. Request to set Public Hearing for Municipal Industrial Develonent Ponds for Twin City Nursing Homes in the amount of-f2,800,000.00 for .1:6)r -oar/J., 1982 Page 1 Page 10 B. Annual renewal of Joint. Use Rental Agreement with Metropolitan Waste Page 11 Control Corfarission (Resolution No 82-12) C. Agreement between City of Eden Prairie/Chicago & North we stern Railroad/ Page 12 Mu/DOT for instillation of_Lijnals at Birch Island Road crossing (Resolution No. 82-13) D. Plan a.pproyal for safety nrojects by Mr:IA.10T within TH 169 right-of-wily_ Page 13 (Chanhassen to Flying Cloud Airport) (Resolution No. 82-14) F. Receive Feasibility Report for Mitchell Road/McCes Drive and set Page 14 Public Hearing for FeOruary2, 19W1 at 7:30 PM --(Resolution No. 82-151- Page 1'..J F. 2nd Reading_of Ordinance No. 81-22 and a_p_nreval of Mid-America Homes Peyelopff's Actreewent for Olfice zonincj on 2.2 acres north of 1H 5 and east of Chester's . G. Clerk's License List Page 21 H. Renuest for a Public Hearing on February 2, 1982 for the removal of Page u Diseased Trees from_private prnperty jty Council Agenda - 2 - Tues.,Jan. 5, 1982 I. Change Order for Community Center Page 29 1111 A. woopum HFIGHTS_kyldman_Lumber. Request for POD Development plan Page 31 approval, rezoning from Rural to PM 6.5 and R1-13.5, preliminary plat approval for 54 single family lots and 96 attached units, and approval of an Environmental Assessment Worksheet and variances. Located in the southwest corner of Townline Road and Duck Lake Road. (Res. 82-07 - POD; Res, No. 82-08 - prel. plat; Res. No. 82-09 - LAW; and Ord. No. 82-01 - rezoning) B. CNR GmEm sukp EAsT by Condon-Naegele Realty Co. Request for POD Page 76 Concept approval, PUD Development Stage approval, preliminary platting for 8 office sites and 1 restaurant and variances. Located west of Vikiiigs Winter Park, north of 1-494, and south of Nine Mile Creek. (Res. No. 82-10 - PUD, and Res. No. 82-11 - prel. plat) V. PAYMENT OF CLAIMS NOS. 9738 - 9825; 9826 - 9988 VI. REPORTS OF ADVISORY COMMISSIONS VII. APPOINTMENTS A. Metropolitan League of Municipalities - Appointment of 1 Representative and 4 ATie-rnates B. Health Officer - Appointment of 1 Health Officer for the year 1982. Appointment by Mayor with consent of Council C. South Hennepin Human Services Council - Appointment of 2 Representatives to serve 2 year terms commencing 2/1/82 D. NAFTA Board - Appointment of 1 Representative to serve a 1 year term commencing 1/1/82 VIII. ORDINANCES & RESOLUTIONS A. Resolution No. 82-01, designating the official meeting dates, time Page 110 and place for the City of Eden Prairie Council members in 1982 and appointing an Acting Mayor B. Resolution No. 82-02, designating the official City Newspaper C. Resolution No. 82-03, authorizing City Officials to transact bankirig business _ _ . O. Resolution No. 82-04, authorizing . use of facsimile signatures by Public Page 118 Officials E. Resolution No. 82-05, designating depositories Page 119 F. Resolution No. 82-06, author the treasurer to invest City of Eden Page itl.) Prairie funds Page 108 Page 111 Page 117 City Council Agenda - 3 - Tues.,Jan. 5, 1982 IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Attorney C. Report of City Mana er 1. Set MarcIa 19P,2 as the date for a Referendum to allow the City to c nue to sell liquor off-sale 2. Appointment of City Attorney for 1982 D. Report of Director of Commur ,ty Services • 1. Snowmobile operation on lakes and parks Page 121 2. Status report on Community Center & request to approve Handicapped Page 122 Fees NEW BUSINESS ADJOURNMENT. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 15, 1981 COUNCIL MEMBERS: COUNCIL STAFF: 7:30 PM, CITY HALL Mayor Wolfgang H. Penzel, George Bentley, Dean Edstrom, Paul Redpath, and George Tangen City Manager Carl J. Jullie, City Attorney Ropen Pauly, Finance Director John D. Frane, Planning Director Chris Enger, City Engineer Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION: Mayor Wolfgang H. Penzel 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: IX, C. 2. Newsletter Publication, IX. C. 3. Employee Benefits, and IX. C. 4. Transportation Advisory Board. The following items were removed from the Consent Calendar: III. D. to IX. B. 1. 2nd Readino of Ordinance No. 81-26, rezoning from Rural to Regional Commercial Service for Kentucky Fried Chicken (west of #169 & south of Harcreins-rby Delaria Kitchens and developer's agreement and III. F. to IX. B. 2. Final —it approval for Eden Glen 2nd Addition 7-Delaria's Kentucky Fried Chicken) Resolution No. 81-244 MOTION: Bentley moved, seconded by Redpath, to approve the Agenda as amended an d published. Motion carried unanimously. II. MINUTES A. Minutes of the Special City Council Meeting held Tuesday, November 10, 1981 MOTION: Bentley moved, seconded by Edstrom, to approve the minutes of the Special City Council Meeting held Tuesday, November 10, 1981. Motion carried unanimously. B. Minutes of the Canvassing Board meeting held Tuesday, November 17, 1981 MOTION: Edstrom moved, seconded by Bentley, to approve the minutes of the Canvassing Board held Tuesday, November 17, 1981. Motion carried unanimously. City Council Minutes -2- December 15, 1981 C. Minutes of the Regular City Council Meeting held Tuesday, November 17, 1981 Page 2, last para., 3rd line: change "grains" to "grain." Page 4, item C., 3rd para., 2nd line: change "it" to "in." Page 6, 2nd para., line 1: change "rational" to "rationale"; line 2: change "parking lot to be flipped" to "construction phases of the parking lots to be reversed;" and last para., 4th line: change "flipped" to "remain as per ori- ginal plan." MOTION: Redpath moved, seconded by Tangen, to approve the minutes of the regular Council meeting held Tuesday, November 17, 1981, as amended. Motion carried unanimously. D. Minutes of the Regular City Council Meeting held Tuesday, December I, 1981 Page 3, last para., 3rd sentence: change "should be affected" to "cost to the renter should be reduced." Motion: Tangen moved, seconded by Bentley, to approve the minutes of the Council meeting held December 1, 1981, as amended. Motion carried with Redpath abstaining. III. CONSENT CALENDAR A. Clerk's License List B. 2nd Reading_of Ordinance No. 81-27, rezonincLop roximately 10 acres from R1-13,5 to RO 6.5 (dupjexes) for Overlook Place Pioneer Trail & Creek Knoll Roil). by Hustad Development Corporation and Developer's Agreement C. 2nd Reading of Ordinance No. 81-27, rezoning from Rural to Public for Wood- dale Baptist Church (west of Flying Cloud Drive and south of Shady Oak Road) and Developer's Agreement D. 2nd Readinaof Ordinance 81-26, rezoning from Rural to Regional Commercial Service for Kentucky Fried Chicken &est of #169 and south of Hardee's) by Delaria's Kitchens aTa—beveToper's Agreement - moved to IX. B. 1. E. 2nd Reading of Ordinance No. 81-21, rezoning 8 acres from Rural to RM 2.5 for construction of 2 buildiggs for _a total of 124 condominiums for Preserve Condominiums (south of Anderson Lakes Parkway and east of Preserve Boulevard by Prairie Lakes Corporation and Developer's Agreement F. Final _plat approval for Eden Glen 2nd Addition (Delaria's Kentucky Fried Chicken) Resolution No. 81-2447) - moved to IX. B. 2. G. Sunnybrouk Road haprovements, Change Order No. 1, I.C. 51-381 (Sunnybrook Road east of Homeward Hills Roadr-- City Council Minutes -3- December 15, 1981 H. Round Lake Area Utilities, Chan oe Order No. I, I.C. 51-315 & I.C. 51-351 (t of Round Lake, north of TH 5) I. Receive petition for sewer and water improvements on Kilmer Avenue at Atherton and authorize the preparation of a feasibility report, I.C. 52-6 -01-1-Resolution No. 81-245-) J. Set Public Hearing to consider vacation of West 72nd Street. between CSAH 4 and Duck Lake Road for January 19, 1982 at 7:30 p.m. 4" K. Agreement between City of Eden Prairie/Chicago & Northwestern Railroad/Mn/Dot for installation of railroad signals at Riley Lake Road (Resolution No. 81-246) • L. 2nd Reading of Ordinance No. 81-11, rezoninj from Rural to RM 6.5 for Bluff's East (south of Co. Rd. 1 and west of Franlo 07)--by Rusted Development Cor- poration and Developer's Agreement M. Final approval for Municipal Industrial Develorent Bonds in the amount of $-690,350 (Resolution No. 81-2475nd $142,576 (Resolution No. 81-248) for Volunteers of America N. Final approval for Municipal Industrial Develgppent Bonds in the amount of $Y42,240 (Resolution No. 81-249) and $-48,450 (Resolution No. 81-25.0)----Town 8 Country Claim Service O. Final approval for Municipal Industrial Development Bonds in the amount of $314,420 (Resolution No. 81-25f1 and $62,884 (Resolution No. 81-252-Ffor Spencer Dean, Sr. MOTION: Bentley moved, seconded by Tangen, to approve items A - C, E, and G - 0 on the Consent Calendar with items M-N-0 subject to final review by the City Attor- ney. Motion carried unanimously. IV. PUBLIC HEARINGS A. Reconvene Public Hearing for Westwood Industrial Park and adjacent area im- provements and authorize preparation of plans and specificiations, I.C. 52-015 (south of Co. Rd. 67, west of Baker Road) - continued from December 1, 1981, -(Resolution No. 81-237T City Engineer Dietz spoke to the proposal. Mayor Penzel asked if Richard Anderson is still involved with the project. Mr. Anderson said he is; Al Michels, attorney for Bury & Carlson concurred. MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing and to adopt Resolution No. 81-237, ordering preparation of plans and specifications for Westwood Industrial Park and adjacent properties subject to modifications by City Attorney Pauly. Motion carried unanimously. City Council Minutes -4- December 15, 1981 B. SGL Office/Warehouse by SGL, Inc. Request to rezone from Rural to 1-5 and prelipinary .plat approximatelL8.3 acres for construction of an office ware- house building. Located south of Eaton CharLynn and north of Eden Prairie United Methodist Church (Ordinance No. 81-31 and Resolution No. 81-241) Don Goetzman, President of SGL, spoke to the proposal. Gary Yenger, represent- ing Tipton Corporation, which is connected with the construction of the building, noted the building will be "built to suit the occupant." Planning Director Enger stated the Planning Commission had recommended approval of the rezoning and preliminary plat at its November 9, 1981, meeting subject to Staff recommendations contained in the Staff Report of November 6, 1981. This proposal was not reviewed by the Parks, Recreation and Natural Resources Commission. Edstrom asked how many employees will be located at this facility. Yenger thought about 85. Tangen inquired how this relates to the Highway 212 corridor. Enger said this parcel is right in the center of the diagonal route. This parcel has been land- locked for years. He noted there is still quite a distance between where this building will be built and the CharLynn building to the north; the City will be placing a road in the center of the 212 corridor. City Engineer Dietz reported on the status of the feasibility reports for projects in this area. They will be presented to the Council early in 1982. Penzel said he is concerned about the access and has strong reservations about access in this area. MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing and to give 1st Reading to Ordinance 81-31. Motion carried unanimously. MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 81-241, approving the preliminary plat of SGL Office/Warehouse. Motion carried unan- imously. MOTION: Bentley moved, seconded by Tangen, to request Staff to draft a Developer' Agreement subject to the recommendations contained in the Staff Report and the recommendations of the Planning Conmission. Motion carried unanimously. V. REPORTS OF ADVISORY COMMISSIONS City Manager Jullie said the Development Commission has requested a special meeting with the Council to consider the merits of a Reserve Fund Vehicle proposal with respect to Industrial Development Revenue Bonds. The Development Conmdssion had met on December 4th with representatives from O'Connor & Hannan regarding this issue and would like the Council to hear about it also. MOTION: Bentley moved, seconded by Redpath, to schedule a special meeting of the City Council and the Development Commission for 6:30 p.m. on Tuesday, January 19, 1982, prior to the regular City Council meeting. Motion carried unanimously. LI City Council Minutes -5- December 15, 1981 VI. PAYMENT OF CLAIMS MOTION: Redpath moved, seconded by Tangen, to approve Payment of Claim s N o s . 9506 - 9736 and 9739. Roll call vote: Bentley, Edstrom, Redpath, Tang e n a n d Penzel voted "aye." Motion carried unanimously. VII. PETITIONS, REqUESTS & COMMUNICATIONS A. Kinder-Care Learning Center nt Kinder-Care Learning Centers. Request for site Elan amendment to locate a Kinder-Care Learning Center in an Office District. Located north of TN 5 and east of Chester's Restaurant. Robert Fors, representing Kinder-Care Learning Centers, spoke to the pro- posal. Planning Director Enger noted the original proposal which was for an office building with a wood exterior. The day care center usage is allowed in the office district. The building,which is bricks, is suitable for use as an office. Penzel asked if the bell tower falls into the sign category. The concen s u s was that it depends on the interpretation of Ordinance 261. MOTION: Redpath moved, seconded by Bentley, to approve the site plan am e n d - ment for a reduced square footage building under the condition that all r o o f surfaces be of the same color (brown.) Motion carried unanimously. B. rinal approval for Munichal Industrial Development Bonds in the amount of T250,000 for Kinder-Care (Resolution No. 81-243) MOTION: Edstrom moved, seconded by Bentley, to adopt Resolution No. 81 - 2 4 3 , final approval for Minnesota Industrial Revenue Bonds for Kinder-Care in t h e amount of $250,000. Motion carried unanimously. C. AID Insurance Company. by AID Insurance Company. Request for site plan review and apEroval of Registered Land Survey to divide 7.7 acres zoned Office into 2 lots and to construct an office on the southerly five acres. Located approxi- mately 1500 feet southeast of Hartford Insurance Company, 11000 Prairie L a k e s Drive. Scott Stouffer, architect, spoke to the proposal. Planning Director Enger stated the Planning Commission had reviewed the p r o - posal at its December 14, 1981, meeting and had recommended approval of t h e Registered Land Survey and the site plan subject to the recommendations i n c l u d e d in the December 19, 1981, Staff Report. City Council Minutes -6- December 15, 1981 The Parks, Recreation & Natural Resources Commission did not review this proposal because it is a part of the Preserve Plan (therefore cash park fees are not applicable) and the Anderson Lakes Wildlife Area. Concerns were expressed as to what will happen to the two acre parcel which will be left after this parcel is subdivided. Enger said it would be best if this two acre parcel were made a part of the parcel north of it. City Engineer Dietz will contact Hartford's engineer to discuss drainage problems in the area. MOTION: Redpath moved, seconded by Edstrom, to approve the site plan amend- ment and to approve a Registered Land Survey for re-subdivision of Prairie Lakes Business Park. Motion carried unanimously. D. Request from Richard Miller Homes for a 1-year extension on the Mitchell Heights Townhouse Developer's .Agrgement Edstrom noted he would abstain from discussion on this item because the law firm with which he is associated represents Richard Miller. MOTION: Redpath moved, seconded by Tangen, to grant a one-year extension on the Developer's Agreement for Mitchell Heights Townhouse development. Motion carried with Edstrom abstaining. VIII. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 81-20, rezoning from Rural to 1-2 for Westwood Industrial Park_Pst of St. John's and south of Co. Rd7 -619 by Richard N. Anderson, Inc., and Developer's Agreement - continued from December 1, 1981 MOTION: Redpath moved, seconded by Edstrom, to give 2nd Reading to Ordinance 81-20, rezoning from Rural to 1-2 for Westwood Industrial Park. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to approve the Developer's Agree- ment for Westwood Industrial Park as modified. Motion carried unanimously. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Fenzel - noted a copy of a letter to Charles Weaver, Chairman of the Metropolitan I Council, from Richard M. Feerick regarding the City West proposal. Mr. Feerick outlined his opposition to the proposal. B. Report of City Attorney . 1. 2nd Reading of Ordinance No. 81-26, rezoning from Rural to Regional Comer.: cial_Ser_vice_for_Kentlicky Fried Chicken (west of 1,169 $. south of Hardee's by Del aria Kitchens and Developer's Agreement City Council Minutes -7- December 15, 1981 City Attorney Pauly explained the change which had been made to to the Developer's Agreement. MOTION: Tangen moved, seconded by Redpath, to give 2nd Reading to Ordinance No. 81-26, rezoning from Rural to Regional Commercial Service for Kentucky Fried Chicken by Delaria Kitchens. Motion carried unani- mously. MOTION: Tangen moved, seconded by Redpath, to approve the Developer's Agreement. Motion carried unanimously. 2. Final plat approval for Eden Glen 2nd Addition Delaria's Kentucky Fried Chicken ckesolution No. 81-24T MOTION: Tangen moved, seconded by Penzel, to adopt Resolution No. 81-244, approving final plat of Eden Glen 2nd Addition. Motion carried unanimously. C. Report of City Manager 1. Architectural Services Contract with InterDesign, Inc. City Manager Jullie discussed the draft agreement with InterDesign which had been submitted to Council members prior to the meeting. MOTION: Redpath moved, seconded by Edstrom, to approve the draft agree- ment with InterDesign, Inc. for architectural services subject to review by the City Attorney. Motion carried unanimously, 2. Newsletter Publication City Manager Jullie said discussions had been underway regarding publishing "Happenings", the City newsletter, in one of the local newspapers. The Eden Prairie News,Prairie Register, and Eden Prairie Pilot had been requested to submit proposals, Jullie recommended the City accept the proposal submitted by the Prairie Register, The decision to consider publishing "Happenings" as a part of the Prairie Register on a trial basis, keeping the City's options open, was con- tinued to the December 19, 1981, special meeting of the City Council, 3. Employee Benefits City Manager Jullie outlined recommendations for an employee benefit package for 1982: 1. The City will reimburse dental expenses incurred during 1982 by a family unit (employees and the employees' depen- dents) subject to the following limitations: A. Eighty (802) of the first $200 in expenses will be re- imbursed by the City within 30 days after receipt of claims. City Council Minutes -8- December 15, 1981 B. Payment by the City for orthodontics work will be limited to 50% of the first $200. (Note: the life- time limit for orthodontics is $1,000.) C. The maximum annual payment under #A. and B. combined is $160. D. The Council has allocated $20,000 towards the plan for 1982. There are 114 employees eligible to par- ticipate. Any balances remaining in the fund as of year end will be pro-rated to those family units having claims in excess of $200. All claims for services incurred during the year (January 1 - December 31) must be submitted before 4/1;83. The pro-rated balances will be paid in May igg3. 2. The City pays the premium of $7,500 term life insurance and accidental death or dismemberment insurance for each employee. (This had been $5,000 in 1981.) 3. One additional day of vacation will be added in 1982. This will be taken as 4 hours on Christmas Eve and 4 hours on Good Friday. Employees who must work at these times may use this extra day as usual vacation time. 4. Two percent shall be added at each level to the amount of sever- once pay paid to employees who leave the City in good standing. (This is unused sick leave.) 5. The City will reimburse 100% of the employee expenses for tuition fees and books required for job-related educational courses upon completion of the course with grade "C" or better. Books and equipment paid for by the City shall remain the City's property. All courses to be approved by Department Head and City Manager. MOTION: Tangen moved, seconded by Bentley, to approve the Employee Benefit Package for 1982 as shown above. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye." Motion carried unani- mously. 4. Transportation Advisory Board MOTION: Tangen moved, seconded by Redpath, to nominate Dean Edstrom for appointment to the Transportation Advisory Board of the Metropolitan Council. Motion carried unanimously. City Council Minutes -9- December 15, 1981 D. Report of Director of Public Works 1. Receive feasibility reports for Schooner Blvd. and related improvements and set Public Hearing for January 1982, at 7:30 p.m., 1.C.'s 340A, 51-340B, 51-308C and 51-335 (Resolution No. 81-253T MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 81-253, receiving feasibility report and calling for a hearing for Schooner Blvd. Motion carried unanimously. X. NEW BUSINESS Burdell Wessells of the Eden Prairie Lion's Club presented a check to the City for $5,000 which is for playground equipment at Round Lake Park. Mayor Penzel accepted the check on behalf of the City and thanked the Lion's Club for their continued support of City projects. XI. ADJOURNMENT MOTION: Redpath moved, seconded by Edstrom, to adjourn the meeting at 9:56 p. Motion carried unanimously. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL SPECIAL MEETING SATURDAY, DECEMBER 19, 1981 COUNCIL MEMBERS: COUNCIL STAFF: 9:00 AM, CITY HALL Mayor Wolfgang H. Penzel, George Bentley, Dean Edstrom, Paul Redpath and George Tangen City Manager Carl J. Jullie, City Attorney Roger Pauly, and Finance Director John D. Frane I. APPROVAL OF AGENDA AND OTHER IT:MS OF BUSINESS MOTION: Bentley moved, seconded by Tangen, to approve the Agenda as published. Motion carried unanimously. II. PUBLIC HEARING A. Request for Municipal _Industrial Development Bonds in the amount of $1,000,000.00 for Sorem & Sherman—TResolution No. 81-242) William Sherman of Excel Marketing indicated to the Council that he and L.S. Sorem would own the building and lease it to L. S. Sorem and Associates and Excel Marketing and their warehouse company. The building, located next to Crown Auto office warehouse in Edenvale, would be 40,000 square feet; employ- ment would be about 98 people. He described the business operations of each of the firms. MOTION: Tangen moved, seconded by Bentley, to close the Public Hearing and adopt Resolution 81-242. Motion carried unanimously. III. NEWSLETTER PUBLICATION The Council instructed the City Manager to request the Eden Prairie News to submit a quotation to publish the Happenings. IV. RESOLUTION NO. 81-254, AMENDING THE 1981 BUDGET MOTION: Tangen moved, seconded by Edstrom, to adopt Resolution No. 81-254, amending the 1981 Budget. Motion carried unanimously. V. DISCUSSION ON CODIFICATION The Council continued its discussion on codification of City codes. VI. NEW BUSINESS The Council set its January 5, 1982, meeting to begin at 6:00 p.m. with a tour of the Community Center. VII. ADJOURNMENT MOTION: Redpath moved, seconded by Edstrom, to adjourn the meeting at 12 o'clock noon. Motion carried unanimously. 10 January 5, 1982 MEMO TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Eugene A. Dietz, Director of Public Works DATE: December 29, 1981 SUBJECT: Joint Use Rental Agreement No. 438 MWCC The Metropolitan Waste Control Commission has requested the City's renewal of the Joint Use Rental Agreement No. 438. This agreement covers the DL-1 trunk sanitary sewer in the northwestern corner of Eden Prairie which serves portions of the City of Chanhassen. The renewal period is for the calendar year 1982. Recemmend approval of the attached Statement of Agreement. EAD:sg Attachment we ITIPTPOiounq P1 DC. 71A POP(PT /MCl/ mini PAM ssioi 60 22241425 o; OLITfI) U..1 R/TE CO ill :•:OL C01111i'llf/10f1 DEC 8 WA November 13, 1981 , Mr. Karl Jullie City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 RE: JOINT USE RENTAL ^.GREEMENT FOR 1982 Dear Mr. Jullie: In accordance with Section 4 of the Joint Use Rental Agreement No. 438 between the City of Eden Prairie and the Metropolitan Waste Control Commission, such contract can be renewed by consent of both parties. We wish to renew for another year the Joint Use Rental Agreement No. 438 under the same terms and conditions contained in the agreement which is presently in force between the City of Eden Prairie and the Metropolitan Waste Control Commission. The Renewal Agreement is enclosed in triplicate for your endorsement. We have signed the enclosed statement as our intention of renewing the agreement and ask that you also sign and return to us two (2) of the executed copies and retain one (1) for your records. Should you have any questions or suggested changes to the basic contract agreement, please contact us. Your cooperation in accepting this renewal procedure is greatly appreciated. Very trul,;e, 7lacr George W. Lusher Chief Administrator GWL:LRB:ht Enclosures cc: LaRae Bohn, Accounting Supervisor Wilbur A. Blain, Director of Operations Rick Arbour, Interceptor Manager George W. Lusher, Chief Administrator DEC B 19.81 Dated •"••• STATEMENT OF AGREEMENT RENEWAL JOINT USE RENTAL AGREEMENT NO. 438 The Metropolitan Waste Control Commission and the City of Eden Prairie agree to renew the Joint Use Rental Agreement No. 438 under the same term s and conditions contained in the agreement which is currently in force be- tween these parties. The Renewal period for Joint Use Rental Agreement N o . 438 shall be January 1, 1982 - December 31, 1982. That both parties agree to the renewal period and terms is evidenced by the signatures affixed to this statement. FOR THE CITY OF EDEN PRAIRIE THE METROPOLITAN WASTE CONTROL COMMISSION t c-- / (TITLE) SaliS-UiTry Adams, Ch a irman D ITLIT Dated January 5, 1982 CITY or EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-13 RESOLUTION RECEIVING AGREEMENT BETWEEN CITY OF EDEN PRAIRIE/CHICAGO & NORTHWESTERN RAILROAD/MN DDT FOR INSTALLATION OF SIGNALS AT BIRCH ISLAND ROAD CROSSING I.C. 51-402, Railroad Crossing Birch Island Road BE IT RESOLVED, that the City of Eden Prairie enter into an Agreement with the Chicago, Milwaukee, St. Paul & Pacific Railroad Company and the Commissioner of Transportation for the installation and maintenance of railroad crossing signals at the intersection of Birch Island Road with the tracks of the Chicago, Milwaukee, St. Paul & Pacific Railroad Company in Eden Prairie, Minnesota and appointing the Commissioner of Transportation agent for the City to supervise said project and administer available Federal Funds in accordance with Minnesota Statute, Section 161.36 (1980). The City of Eden Prairie's share of the cost shall be 10 percent of the total cost. BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby authorized to execute said agreement for and on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on January 5, 1982. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Franc, City Clerk 12- NO ti "ir,, Ill 11t'l1 of Transportation tE Transportation Minding st. Minnesota 55155 Or TS.NO December 16, 1981 612-296-0358 Phone Eugene Dietz Director of Public Works/City Engineer 8950 Eden Prairie Road Eden Prairie, MN 55343 In reply refer to: 730 S.P. 27 -00159 Grade Crossing Signals Birch Island Road Eden Prairie, Minnesota Chicago, Milwaukee, St. Paul and Pacific Railroad Company Agreement No. 60W45 File: F-13144 Dear Mr. Dietz: Ynclosed are four copies of an ..eement which provides for the inst%llution of railroad grade crossing signals at Birch Island Pond in Eden Prairie. The City is to rarticipate with 105 of the cost. 1lease have the a6..reement and the resolutions signed and rcLurn all copies to this office for further processing. One fully executed copy will be sent to you. Sincerely, Robert C. Swanson Manager, Railroad Operations EA 0 zz, By: E. B. O'Neill Enclosure: Agreement No. 60 1045 (4 copies) Rai:En:pat AnEqualOppodunityEmployer AGREEMENT NO. 60445 DATED: S.P. 27-00159 Minn. Proj. RRS RI1P-0025(8) Railroad Crossing Signals Birch Island Road Eden Prairie, Minnesota HENNEPIN COUNTY CHICAGO, MILWAUKEE, ST. PAUL PACIFIC RAILROAD COMPANY AGENCY FUNDS THIS AGREEMENT, made and entered into by and between the CITY OF EDEN PRAIRIE, hereinafter called the "City", RICHARD B. OGILVIE, AS TRUSTEE OF THE PROPERTY OF CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, DEBTOR, hereinafter called the "Company", and the COMMISSIONER OF TRANSPORTATION, STATE OF MINNESOTA, hereinafter called the "State", WITNESSETH:. WHEREAS, the Federal Highway Administration, when acting in cooperation with the Transportation Department of the State of Minnesota, is authorized by Act of Congress to make Federal Aid available for the purpose of eliminating hazards at railroad grade crossings within the State of Minner,ota; and WHEREAS, the State, pursunpt to Minnesota Statute,.Section 161.36 (1980), is authorized to cooperate with the United States Government in supervising improvements of public highways within the State of Minnesota not included in the trunk highway system, and to act in disbursing and accounting for Federal Funds in connection therewith; and WHEREAS, Birch Island Road, as now established, crosses the track of the Company at grade in Eden Prairie, Hennepin County, Minnesota, the location of said crossing and railway tsack being shown on the print hereto attached, marked Exhibit "B", and herein referred to and made a part of this agreement; and WHEREAS, the City and the Company desire that this grade crossing be protected by railroad crossing signals, flashing Ii gut with gates type, and AGREEMENT NO. 60445 ' the Company is willing to install, maintain and operate such signals upon the terms and conditions hereinafter stated. NOW, THEN, IT IS AGREED: 1. The State of Minnesotit, Department of Transportation, "Standard Clauses for Railway Highway Agreements", dated September 1, 1980, is attached hereto as Exhibit "A", and hereinafter referred to as "Standard Clauses". Except as hereinafter expressly modified, all of the terms and conditions set forth in the "Standard Clauses" are hereby incorporated by reference and made a part of this agreement with the same force and effect as though fully set forth therein. Standard Clauses Nos. 1, 2, 3, 4, S, 8a, 10 and 11 are deleted from this agreement. . 2. The Company shall furnish all material for and with its regularly employed forces install a complete railroad crossing signal system on Birch Island Road, as indicated on attached plan marked Exhibit "B". The placement of the signals shall be in accordance with Part VIII of the Manual on Uniform Traffic Control Devices (MUTCD). Detailed plans, specifications and the work to be done shall be subject to the approval of the Department of Transportation of the State of Minnesota. Work of installing this signal system shall be prosecuted so as to be completed within 32 months after the date the Company is authorized to begin work. If the Company shall determine it impossible to complete the work within the period herein specified, it shall make a written request to the State for an extension of time for completion, Setting forth therein the reason for such extension. Portion of costs allocated to City of Eden Prairie (10% of actual cost.) Reimbursable with Federal Funds $ 0,820.00 $61,380.00 (9 -3- 120 AGREEMENT NO. 60445 • r•le 3. The actual costs of the project herein contemplated, including pre- liminary engineering costs, are to be financed with 90% Federal Funds and 10% City Funds. The State and City will reimburse the Company as provided herein for only such items of work and expense as are proper and eligible for payment with Federal Funds. Only materials actually incorporated into the project will be eligible for Federal reimbursement. The State's 90% portion (reimbursable with Federal Funds) will be paid to the Company in accordance with Article 9 of the Standard Clauses, Exhibit "A". The City's 10% portion will be paid to the Company when the project has been completed and the Final Bill has been approved by the State. It is understood that the following estimate is for informational purposes only. The estimated cost of the work to be done by the Company hereunder with its own equipment and regularly employed forces and in accordance with the Company's agreements with such regularly employed forces is as follows and in further accordance with detailed estimate attached hereto and marked Exhibit "C". Material $34,628.00 Labor (Including Additives $27,396.00 Contingencies $ 0,176.00 TOTAL ESTIMATED COST $68,200.00 AGREEMENT NO. 60445 4. In the event it is determined that a change from the foregoing statement of work to be performed by the Company is required, it Shall be authorized only by a written change or extra work order issued by the State prior to the performance of the work involved in the change. 5. The said grade crossing signal system shall be maintained and operated by the Company upon completion of its installation, but this said obligation to maintain said signal system shall continue in accordance with the law of the State as it shall be from time to time in the future. 6. The signal system shall not be removed unless there has been a determination that said signals are no longer required at this location. If the signals are to be removed, the Company upon request of the State shall reinstall it at some other crossing within the State on the Company's tracks. The location and division of cost of such relocation shall he agreed upon between the Company and the State prior to such removal. In the event that either railway or highway improvements will necessitate a rearrangement of the signals at said crossing, the party whose improvement causes said changes will bear the entire cost of the same without obligation to the other. 7. This agreement is binding on Richard B. Ogilvie, not as an individual, but solely in his capacity as Trustee. .4,. I2E January 5, 1982 MEMO TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Eugene A. Dietz, Director of Public Works DATE: December 30, 1981 SUBJECT: Safety Improvements to T.H. 169 The Mn/Dot has developed plans and specifications for safety improvements along T.H. 169 from our West Corporate limits to approximately Flying Cloud Airport. The improvements generally consist of extending culverts to eliminate ditch obstructions which cause a severe safety hazard in an accident situation. There is no cost to the City of Eden Prairie for the project, but Mn/Dot does request our approval. I recomnend approval of the attached resolution. EAD:sg Attachment January 5, 1982 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-14 RESOLUTION APPROVING PLAN FOR SAFETY PROJECTS BY MN DOT WITHIN TH 169 RIGHT- OF-WAY (CHANHASSEN TO FLYING CLOUD AIRPORT) WHEREAS, the Commissioner of Transportation for the State of Minnesota has prepared: plans, special provisions, and specifications for the improvement of Trunk Highway No. 5, renumbered as Trunk Highway No. 169, within the corporate limits of the City of Eden Prairie, from the West Corp. limits to Flying Cloud Airport and seeks approval thereof: NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: That said plans and special-provisions for the improvement of said Trunk Highway within said corporate limits of the City, be and hereby approved including the elevations and grades as shown and consent is hereby given to any and all changes in grade occasioned by said construction. BE IT FURTHER RESOLVED that the City does hereby agree to require the parking of all vehicles, if such parking is permitted within the corporate limits of said City, on said Trunk Highway, to be parallel with the curb adjacent to the highway, and at least 20 feet from any crosswalks on all public streets intersecting said trunk highway. • ADOPTED by the Eden Prairie City Council on January 5, 1982. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, City Clerk January 5, 1982 CITY or EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-15 RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING FOR A HEARING I.C. 52-010 WHEREAS, a report has been given by the City Engin e e r t o t h e C i t y Council on 'January 5, 1982, recommending the following improvements to wit: I.C. 52-010, Mitchell Road/McCes Drive NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE C I T Y C O U N C I L : 1. The Council will consider the aforesaid improvemen t s i n accordance with the report and the assessment of pr o p e r t y abutting or within said boundaries for all or a por t i o n of the cost of the improvement pursuant to M.S.A. S e c t . 420-011 to 429.111, at an estimated total cost of t h e improvements as shown. 2. A public hearing shall be held on such proposed impr o v e m e n t on the 2nd day of February, 1982, at 7:30 P.M. at the Eden Prairie City Hall. The City Clerk shall give p u b l i s h e d and mailed notice of such hearing on the improveme n t s a s required by law. ADOPTED by the Eden Prairie City Council on Janua r y 5 , 1 9 8 2 . Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, City Clerk JANUARY 1982 /47( + et--/ /1,2e.....44LAMING / IAANSPOR A TION / ENGWEERM I. ARCHTECTUIE City of _Eden Prairie F-E -ASaUTY j-ILITY and 0 IMPR9VEMENT r - --1 McQES DRIVE (Wallace Roaql-A-3 Schoone I.C. 52-010A thliji 527:910 1 r - STIQ -ET, MITCHELL ROAD (Scenic Heights Road to T. LC. 52-010E /6- Mid-Am. Homes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Ordinance No. 81-22 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance No. 135 is amended as follows: The following described property, situated in the County of Hennepin, State of Minnesota, See Exhibit A attached hereto and made a part hereof. shall be and hereby is removed from the Rural District and shall be included hereafter in the Office District. Section 2. The above described property shall be subject to the terms and conditions of that certain Developer's Agreement dated as of 1981 between MID-AMERICA HOMES, INC. and the CITY OF EDEN PRAIRIE, which Agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City of Eden Prairie according to the Office District. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of October, 1981, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on day of 1981. Wolfgang H. Penzel, Mayor ATTEST: Tan D. Frane, City Clerk PUBLISHED in the Eden Prairie News on the day of • 1981, ••`, MID-AMERICAN HOMES ADDITION OFFICE That part of the Northwest Quarter of the Northwest Quarter of Section 15, Township 116 North, Range 22, West of the 5th Principal Meridian, Hennepin County, Minnesota, described as follows: Beginning at a point in the North line of said Northwest Quarter of the Northwest Quarter distant 916.70 feet Fast of the Northwest corner thereof; thence con- tinuing East along said North line 290.00 feet; thence South 10 degrees West 158.75 feet more or less to a point in the Northerly line of Trunk Highway No. 5; thence Northweste ,ly along said Northerly line of said Highway, 288.00 feet more or less to a point in a line bearing South 10 degrees West from the point of beginning; thence North 10 degrees East 68.81 feet more or less to the point of beginning. For the pur- pose of this description the North line of said Section 15 is considered to be an assumed bearing of East. EXHIBIT A /6 Mid-Am. Homes Office 10/81 DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1981 by and between MID-AMERICAN HOMES, INC., a Minnesota corporation, herein- after referred to as "Owner" and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City", WITNESSETH: WHEREAS, Owner has applied to City to rezone from Rural to Office approximately 2.2 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof and hereafter referred to as "the property", and WHEREAS, Owner desires to develop the property for the construction thereon of two office structures each containing 12,200 square feet of space. NOW THEREFORE, in consideration of the City adopting Ordinance No. • 81-22, and Resolution No. 81-202, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the material dated 9/25/81 reviewed and approved by the City Council on 10/6/81 and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Owner shall not develop, construct upon or maintain the property in any other respect or manner than provided herein. 2. Owner covenants and agrees to the performance and observance by Owner at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part thereof. Developer's Agreement-Mid-Am. Homes Inc. Office page 2 3. Owner shall, inmediately upon filing of the final plat a n d • prior to issuance of any permit for building upon the pro p e r t y , grant to City a preservation easement as may be required b y C i t y , prohibiting and restricting the grading or placing of soi l u p o n , removal of soil, or cutting of vegetation, planting of an y i n - digenous vegetation, or construction of any building or s t r u c t u r e upon that portion of the property by Owner depicted as O u t l o t A outlined in red on Exhibit B, and containing such other p r o v i s i o n s as may be required by City. 4. Owner shall screen all mechanical equipment in accordanc e w i t h specifications of City Building Inspector. 5. Owner shall limit any access from TH 5 to a right-in, ac c o r d i n g to specifications of the City Engineer, and shall cause o t h e r s to so limit any access to TM 5. 6. Owner shall, prior to building permit issuance, submit t o t h e City, a detailed landscaping plan and obtain the City's a p p r o v a l thereof. Such plan shall include but not be limited to: s c r e e n i n g of parking lot from the Purgatory Creek Valley and use of p l a n t material indigenous to the Purgatory Creek Valley. 7. Owner shall not alter the elevations of the parking lot d e p i c t e d in Exhibit B. 8. Owner shall, prior to final plat, design the grades under 8 % , in the northwest end of the parking lot as depicted on Ex h i b i t B and in accordance with specifications of the City Enginee r . Developer's Agreement-Mid-Am. Homes Inc. Office page 3 IN WITNESS WHEREOF, the parties to this Agreement have caus e d these presents to be executed as of the day and year afores a i d . CITY OF EDEN PRAIRIE: _by Wolfgang H. Penzel, Mayor by Carl J. Jullie, City Manager STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this _day of , 1981 by Wolfgang H. Penzel, the Mayor and Carl J. Jullie, the City Manager of the City of Eden Prairie, a Minn e s o t a m u n i - cipal corporation on behalf of the corporation. Notary Public MID-AMERICANHOMES, INC.: , by Kenneth• Nordling, President STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this 7 ,day of 1981 by Kenneth Nordling, President of Mid-Americai Homes, Inc., a Minnesota corporation on behalf of the corpora t i o n . 19 MID-AMERICAN HOMES ADDITION OFFICE That part of the Northwest Quarter of the Northwest Quarter of Section 15, Township 116 North, Range 22, West of the 5th Principal Meridian, Hennepin County, Minnesota, described as follows: Beginning at a point in the North line of said Northwest Quarter of the Northwest Quarter distant 916.70 feet East of the Northwest corner thereof; thence con- tinuing East along said North line 290.00 feet; thence South 10 degrees West 158.75 feet more or less to a point in the Northerly line of Trunk Highway No. 5; thence Northwestuly along said Northerly line of said Highway, 288.00 feet more or less to a point in a line bearing South 10 degrees West from the point of beginning; thence North 10 degrees East 68.81 feet more or less to the point of beginning. For the pur- pose of this description the North line of said Section 15 is considered to beanassumed bearing of East. EXHIBIT A 20 ,",-, , rif — n;, 1 \ '‘. Z%--- • { 1 .• s• DEVELOP .ER'S AGREEMENT EXHIBIT page I of 5 I. Prior to release of final plat, Owner shall submit to the City Engineer for approval two copies of a development plan (1"=100' scale) showing existing and proposed contours, proposed streets and lot arrangement and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, watermain and storm sewer, 100 year flood plain contours, pending areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails and any property to be deeded to the City. . II. Owner shall submit detailed construction and storm sewer plans to the Riley Purgatory Creek Watershed District for review and approval. Owner shall follow all rules and recommendations of said Watershed District. Owner shall pay cash park fees as to all of the property required by any ordinance in effect as of the date of the issuance of eac)i. building permit for construction on the property. Presently, the amount of cash park fee applicable to the property is $1,400 per acre. The amount to be paid by Owner shall be increased or decreased to the extent that City ordinances are amended or supplemented to require a greater or lesser amount as of the date of the issuance of any building permit for construction on the property. IV. Prior to the dedication, transfer or conveyance of any real property or interest therein to the City as provided herein, Owner shall deliver to the City an opinion addressed to the City by an Attorney, and in a form , acceptable to City, as to . the condition of the title of such property or in lieu of a title opinion, a title insurance policy insuring the condition of the property or interest therein in the City. The condition of the title of any real property or any interest therein to be dedicated, transferred or conveyed as may be provided herein by Owner to City shall vest in City good and marketable title, therein free and clear of any mortgages, liens, encumbrances, or assessments. - 1/80 .Page 2 Of 5 Exhibit C V. -A.':111 sanitary sewer, watenuain and storm sewer facilities, c o n c r e t e c u r b , gutters,sidewalks,streets and other public utilities ( " i m p r o v e m e n t s " ) to be made and constructed on or within the property an d d e d i c a t e d to the City shall be designed in compliance with City s t a n d a r d s b y a registered professional engineer and submitted to th e C i t y E n g i n - eer for approval. All of the improvements shall be com p l e t e d b y • Owner & acceptable to the City Engineer and shall be fr e e a n d c l e a r of any lien, claim, charge or encumbrance, including an y f o r w o r k , labor or services rendered in connection therewith or m a t e r i a l or equipment supplied therefore on or before the later of , 2 y e a r s from the date hereof or , 19. Upon com- pletion and acceptance, Owner warrants and guarantees t h e i m p r o v e - ments against any defect in materials or workmanship f o r a p e r i o d of two (2) years following said completion and accept a n c e . In the event of any defect in materials or workmanship wi t h i n s a i d 2 year period warranty and guarantee shall be for a peri o d o f t h r e e (3) years following said completion and acceptance. Def e c t s in material or workmanship shall be determined by the City E n g i n e e r . Acceptance of improvements by the City Engineer may be s u b j e c t t o such conditions as he may impose at the time of accepta n c e . O w n e r , through his engineer, shall provide for competent daily i n s p e c t i o n during the construction of all improvements. As-built d r a w i n g s with service and valve ties on reproduceable mylar shall b e d e l i v e r - ed to the City Engineer within 60 days of completion the r e o f t o - gether with a written statement from a registered engin e e r t h a t all improvements have been completed, inspected and tested i n a c c o r d a n c e with City-approved plans and specifications. Prior to f i n a l p l a t approval, or issuance of any building permit, if no fin a l p l a t i s required, Owner shall: Submit a bond or letter of credit which guarantees com- pletion of all improvements within the times provided, upon the conditions, and in accordance with the terms of this subparagraph V. A., including but not limited to, a guarantee against defects in materials or work- manship for a period of two (2) years following com- pletion and acceptance of the improvements by the City Engineer. The amount of the bond or letter of credit shall be 125% of the estimated construction cost of said improvements, subject to reduction thereof to an amount equal to 25", of the cost of the improvements after acceptance thereof by the City Engineer, and re- ceipt of as-built drawings. The bond or letter of credit shall be in such form and contain such other provisions and terms as may be required by the City Engineer. The Owner's registered engineer shall make' and submit for approval to the City Engineer a written estimate of the costs of the improvements. B, In lieu of the obligation imposed by subparagraph V.A. a b o v e , O w n e r may submit a 100% petition signed by all owners of the p r o p e r t y , re- questing the City to install the improvements. Upon approval by the City Council, the City may cause said improvements to be ma d e a n d special assessments for all costs for said improvements will be levied on the property, except any property which is or sha l l b e d e d - . 1/80 6/81 .page 3 of 5 Exhibit C icated to the public, over a five year period. Prior to the award of any contract by the City for the construction of any improve- . nlents, Owner shall have entered into a contract for rough grading of streets included in the improvements to a finished subgrade elevation. Contractor's obligation with respect to the rough grading v.ork shall be secured by a bond or letter of credit which shall guarantee completion, and payment for all labor and mater- ials expended in connection with the rough grading. The amount of the bond or letter of credit shall be 125 of the cost of such rough grading and shall be in such form and contain such further terms as may be required by the City Engineer. ' C. Prior to release of final plat, Owner shall pay to City fees for first 3 year street lighting (public streets) engineering re- view and street signs. VI. A. Owner shall remove all soil ., and debris from, and clean, all streets within, the property at least every two months, (or within one week Irma the date of any request by City), during the period commencing May 1 and ending October 31, of each year, until such time as such streets and improvea2nts therein are accepted for ownership and maintenance by City. Prior to City accepting streets and improvements, Owner shall have restored all boulevards according to the obligations contained within paragraph VI B. B. Within 20 days of installation of utilities and street curb in any portion of the property (if said time occurs between May 1 and October 31 of any year) Owner shall sod (secured with a minimum of 2 stakes per roll of sod) that part of the property lying between said curb and a line 18+ inches measured perpendicular with the curb or in lieu of said sod, place a fiber blanket With seed ap- • proved by the City (secured with stakes a maximum of 6 feet apart). Either sod or fiber must be placed upon a minimum of 4 inches of topsoil. The topsoil shall be level with the top of the curb at the curb line and rise 1 )' for each foot from the curb line. • Owner shall maintain the sod, fiber blanket, topsoil, and grade until such time as the streets and improvements in the property are accepted for ownership and maintenance by City. Owner shall also sod all drainage swales serving each 1.5 acres a minimum distance of 6 feet on either side of the center of the swale. C. The bond or letter of credit provided in paragraph V A. hereof shall also guarantee the performance of Owner's obligations under this paragraph VI. • VII. If Owner fails to proceed in accordance with this Agreement within 24 . months of the date hereof, Owner for itself, its successors, and assigns hall nnt nimne rezoning of said property to Rural. 2q •6/81 Rage 4 Of 5 Exhibit C VIII. •Provisions of this Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the property herein desdribed. IX. Owner represents and warrants it owns fee title to the property free and clear of motgages,,liens, and other . encumbrances, except: ' X. In the event there are or will be constructed on the property, 2 or more streets, and if permanent street signs have not been installed, Owner shall install temporary street signs in accordance with recommendations of the City Building Department, prior to the issuance of any permit to build upon the property. XI. All improvements including grading, seeding, planting, landscaping, equiping, and 'constructing of any structure to or upon any of the property or other lands to be conveyed or dedicated to the City or for which an easement is to be given to the City for park or other recreational purposes, shall be completed by Owner and acceptance to the Director of Community Services and shall be free and clear of any lien, claim, change, or encumbrance, including any for work, labor, or . services rendered in connection therewith or material or equipment sup- plied therefore on or before the later of, 2 years from the date hereof or , Upon completion and acceptance Owner warrants and guarantees the improvements against any defect in materials or workmanship for a period of two (2) years following said completion . and acceptance. In the event of any defect in materials or workManship within said 2 year period the warranty and guarantee shall be for a period of three (3) yeals following said completion and acceptance. determined Defects in materials or workmanship shall be rl I I ed by the Director of Comaunity Services. Acceptance of improvements by the Director of Comnunity Services may be subject to such obligations as he may impose at the time of acceptance. Owner, through his engineer shall provide for competent daily inspection during the construction of all improve- ments. Prior to final plat approval, or issuance of any building permit, if no final plat is required, Owner shall: Submit a bond or letter of credit which guarantees com- pletion of all improvements within the times provided, upon the conditions, and in accordance with the terms of this paragraph XI., including but not limited to, a guarantee against defects in materials or workman- ship for a period of two (2) years following comple- tion and the extension of the pet'iod to three (3) years in the event of any defect during said 2 year period, and acceptance of the improvements by the Director of Community Services shall be 125% of the estimated con- struction cost of said improvements, subject to reduction thereof to an amount equal to 25% of the cost of the improvements after acceptance thereof by the Director of Community Services. The bond or letter of credit shall be in such form and contain such other provisions and terms as may be required by the Director of Com- munity Services. The Owner's registered engineer shall make and submit for approval to the Director of Commun- ity Services a written estimate of the costs of the improvements. • 1/80 9/10/80 Pa.ge 5 of 5 Exhibit C XII. Owner acknowledges that the rights of City to performanc e o f o b l i g a t i o n s of owner contemplated in this agreement are special, unique a n d o f a n extraordinary character; and that in the event that owner v i o l a t e s o r fails or refuses to perform any covenant, condition or p r o v i s i o n m a d e b y him herein, City may be without an adequate remedy at la w . O w n e r a g r e e s , therefore, that in the event he violates, fails or refus e s t o p e r f o r m a n y covenant, condition or provision made herein, City may, a t i t s o p t i o n , institute and prosecute an action to specifically enforc e p e r f o r m a n c e o f such covenant : Ho remedy conferred in this agreement is intended to b e exclusive and each shall he cumulative and shall be in a d d i t i o n t o e v e r y other remedy. The election or any one or more remedies s h a l l n o t c o n s t i t u t e a waiver of any other remedy. XIII. Any term of this agreement that is illegal or unenforce a b l e a t l a w o r i n . equity shall be deemed to be void and of no force.and ef f e c t t o t h e e x t e n t necessary to bring such term within the provisions of a n y s u c h a p p l i c a b l e • law or laws, and such terms as so modified and the bala n c e o f t h e t e r m s of this agreement shall be fully enforceable. XIV. Owner shall, prior to the commencement of any improvement s , p r o v i d e written notite to Minnesota CablesYstems Southwest, a Min n e s o t a L i m i t e d Partnership, the franchisee under the City's. Cable Commu n i c a t i o n Ordinance (80-33) of the development contemplated by this D e v e l o p e r ' s Agreement. Notice shall be sent to Minnesota Cablesystem s S o u t h w e s t *c/o Popham, Haik, Kaufman, Schnobrich and Doty, Ltd., 4 3 4 4 I D S C e n t e r , Minneapolis, Minnesota 55402. CITY OF BEN PRAIRIE CLERK'S LICENSE APPLICATION LIST January 5, 1982 CONTRACTOR (MULTI-FAMILY & COMM.) 3.2 BEER OFF-SALE Benson-Orth Associates Knutson Construction Co. D. J. Kranz Co., Inc. Mattson Building & Supply Co. Ram Construction CON1RACTOR h 2 FAMILY 1 Barron & Associates, Inc. George R. Butler Construction David W. Durst & James Gans Eliason Builders, Inc. Hirsch Brothers, Inc. Hogar Construction Jarip Builders Robert H. Mason, Inc. Sawhorse, Inc. HEATING & VENTILATING Allied Metal Craft Co. Climate Engineering Co. Northeast Sheet Metal Rouse Mechanical Royalton Heating & Cooling Co. SBS Mechanical, Inc. Standard Heating & Air Cond. GAS FITTER Climate Engineering Co. Northeast Sheet Metal Rouse Mechanical Royalton Heating & Cooling Co. Standard Heating & Air Cond. WELL DRILLING Max Renner Well Co., Inc. REFUSE & GARBAGE COLLECTION Eden Prairie Sanitation Jacobson Sanitary Service Eden Prairie Grocery Jerry's Super Valu Worrell's Valley Dairy 3.2 BEER ON-SALE Jerry's Super Valu CIGARETTES Country Kitchen Eden Prairie Grocery Griswold Vending Co. Jerry's Super Valu Twin City Vending Worrell's Valley Dairy VENDING MACHINE Griswold Vending Co. Interstate United Corporation Twin City Vending SUPERMARKET Jerry's Foods BAKERY . . Jerry's Foods Meat Dept. Jerry's Foods CANDY OUTLET Fannie May Candy Shops Jerry's foods MECHANICAL GAMES Twin City Novelty Co. These licenses have been approved by the department heads responsible fo-,1 (r. .he licensed activity. n / A ' Pat So t e, Licensing Clerk '71 Staff requests the Council to set February 2, 1982 for the public hearing. The City Forester will supply a complete list of property owners, tree numbers and estimated cost for removal at the public hearing. SAF:md MEMORANDUM TO: THRO: FROM: DATE: SUBJECT: Mayor and City Council Bob Lambert, Director of Community Services Stuart A. Fox, City Forester December 28, 1981 Request for a Public Hearing on February 2, 1982 for the Removal of Diseased Trees from Private Property As of December 11, 1981 many of the diseased trees marked in the summer of 1981 by tree inspectors are still standing. These trees arc on private property and require a public hearing according to Ordinance 1177-30 for their removal. MEMORANDUM TO: Mayor and City Council THRU: Carl Jullic, City Manager FROM: Bob Lambert, Director of Community Services DATE: December 29, 1982 SUBJECT: Community Center Change Order Attached to this memo is a letter dated December 28 from Pete Curley, Smiley Glotter Associates, explaining several credits for the Eden Prairie Community Center regarding floor covering and ceiling treatment within the Community Center. The Council may recall that early this summer staff recommended. deleting the exposed aggregate in the Community Center lobby and delayed making a decision on the type of floor covering until a later date. Staff also recommended deleting the VAT in the fitness center and carpeting that area. After reviewing our programs and consulting with a number of other facilities with similar programs in regards to traffic within the lobby, staff has decided to recommend carpeting that area with a heavy duty industrial carpet. Staff waited until this time to request approval, as we were able to obtain a substantial reduction in costs for carpeting by obtaining our own quotes rather than going through the architect and the general and subcontractors on the job. Therefore, this contract for carpeting will be outside the project contract. City staff received the following quotes for 345 square yards of carpet delivered and installed in the lobby and fitness center. Pink Supply - $17.52/sq. yd. total cost $6,044 Minneapolis Building Supply - $17.40/sq. yd. total cost $6,003 Neill Meyer Interiors - $18.73/sq. yd. total cost $6,461 Joe Marr - $17.98/sq. yd. total cost $6,203 Staff requests approval of the low bid of $6,003 by Minneapolis Building Supply. Upon approval by the City Council, staff will attempt to have this carpeting installed prior to the February 1 opening date. 2 9 Sincerely, SMILEY CLOTTER ASSOrTATES 7 /) E. R. Curley ERC:eh Anwoclalos 5011 L.Sidle Minneapolis, Willies°la 55403 S111332.1401 Architects Engineers Planners Interior Detainer; S.C. Smiley, PAIS, Glories A.I.A. N.Y. Lalderman, GA. Nyberg, A.I.A, D=Mber 28, 1981 Mr. Robert Lambert City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Re: Eden Prairie Community Center Comm. No. 8002 Dear Mr. Lambert: As per your telephone request of December 22, 1981, regarding list of credits we are holding for various items that have been deleted during the course of the job, the following list is submitted for your review. 1. Delete exposed aggregate per Magney letter dated August 4, 1981 - $678.00 credit 2. Delete VAT floor per Magney letter dated August 4, 1981 - $660.00 credit 3. Delete ceiling treatment in rooms 203 & 204 per telephone quote from Magney Construction on December 22, 1981 - $480.00 credit TOTAL $1,818.00 credit You have also requested the addition of some VAT floor in some areas of First Floor per Revised drawing R-11 dated December 22, 1981. The cost of this additional VAT per telephone . quote from Magney Construction on December 28, 1981, is $575.00. If this cost for additional VAT is deducted from total credit, the balance of credit due under the contract would be $1,243.00. Please review these items and advise when they are approved so that the proper change order may be processed. If you have any questions or ru,ed additional information, please call. Parks Recreation & Natural Resources Commission Minutes Unapproved • -1- December 21, 1981 MEMBERS ABSENT: Breitenstein, Schwartz b. IVoodlawn Heights Gregg Frank of McCombs Knutson was present representing the proponent, Lyman Lumber Company. The developvis requesting PUD Development stage approval and rezoning from Rural to R1 3.5 and PM 6.5 and preliminary plat approval. The property is located South of Townline Road and West of Duck Lake Road. Frank said the developer is willing to provide access to the park if the park is going to be developed early into Phase I of construction. Lambert projected that the park will only be graded at the time of proposed Phase I. jessen suggested taking out 3 of the lots that jilt out into the park area. He said the park would flow better and the additional front footage costs the City would have to pay for the lots might be a worthwhile investment in the park. Lambert noted that the Planning Commission recommended removal of 2 lots across the street from the townhouses because it would be undesireable to have single family looking into multiple use. MOTION: Jessen moved to recommend support of the proposal and recommends approval with the following stipulations; Disagreement with Planning Commission and recommends leaving 2 lots south of the townhouses, and instead recommending deletion of 3 or 4 lots along the park. Further, this may require adding 2 townhouses or appropriate compensation elsewhere to be negotiated by the City and the developer. Friederichs seconded the motion and it carried unanimously. 3 1 Planning Commission Minutes Unapproved December 14, 1981 MEMBERS ABSENT: Beaman & Retterath A. WOODLAWN HEIGHTS, by Lyman Lumber. Request for PUD Develop- ment Plan approval, rezoning from Rural to RM 6.5 and R1-13.5, preliminary plat approval for 54 single family lots and 96 attached units, approval of an Environmental Assessment Work- sheet and possible variances. Located in the southwest corner of Townline Road and Duck Lake Trail. A continued public hearing. The Planner stated that this is a continued public hearing from the meeting of 11/23/81 which was cancelled. He stated that several months ago this project was before the Commission as a POD Concept with rezoning and platting. The proponent withdrew the rezoning and platting because of the density transfer. The City Council reviewed the PUD and approved it with the recommendations of the Planning Commission and Staff report. He stated that this is slightly different from the original plan. He introduced !Greg Frank of McCombs-Knutson which is representing Lyman Lumber. Frank stated Jim Hurd of Lyman Lumber was also present. He reviewed the history of the project and stated that thOi is proposed 54 single family units, and 96 4-unit townhomes for a total of 150 units. There is a 20 acre passive park and an 8 acre active park proposed also. • The Planner reviewdd the staff report dated 11/19/81. He stated that when the original proposal was before the City Council, it was decided that if the County does not take the responsibility for Townline Road, the City will under the Capital Improvement Program. Sutliff stated'Ehat no lot sizes are on the plat. The Planner replied that he measured the lots to find out that there are some under 13,500 sq.ft. Sutliff asked if a water level is established in the wetland area, if that can be made an outlot so the water will not affect the lot sizes. The Planner replied that the drainage and utility easement provides good control Sutliff asked if any traffic will be travelling west. The Planner replied very little and stated that the predominent direction is to the northeast. Marhula asked if the proponent is agreeable with the change of the 2 lots becoming another townhouse. Frank replied yes and stated that it will make the park slightly smaller. Marhula stated that he felt that the design of the temporary roadway is important. He stated that it might be better to put the utilities in during phase 1 so that in the future the temporary road could be imProved in the future. The Planner stated that if the utilities were installed, it would require a lot of expenditure. Frank stated that they agree with the 'throw-away road. Torjesen asked if all landscaping is to be done in phase 1. The Planner replied the landscaping adjacent to phase 1, berming to Minnetonka, and south to the single family lots should all be done in phase 1. Unapproved Planning Commission Minutes -2- December 14, 1981 Torjesen asked if there will be any problems with giving up part of the 8 acre park to accommodate the elimination of the 2 single family lots for an additional town- house. The Planner stated that if the Parks, Recreation and Natural Resources Commission is uncomfortable with that change, the 2 single family lots should be retained. Hallett asked how many a6 -es will be drained and how deep the water would be. The Planner replied that the whole site would drain to the southwest and that it is up to the DNR and WD to decide the depth of the outlet. George Kissinger, 6601 Barberry Lane, stated he was representing the residents that have signed a letter which he submitted. He expressed concern about the active park, the cut and fill required, the housing units being predominantly walk-out units, felt the area is valuable, the preservation of the wetland area, and stated that these concerns are basically the same as when the PUD Concept was being requested. Torjesen asked what group he is representing. Kissinger replied on the west side of the site in Sunset Trails Estates. Ann Luck, 6381 Duck Lake Road, asked .what school district this development would 'be in. Torjesen replied he thought Eden Prairie. Don Jacobsen, 6345 Duck Lake Road, stated he would like the*-swamp area left as a nature park and have the building placed on the hill. He also stated he was concerned with the low area and asked if it has been determined who is the owner for the 20 acres which is proposed as the passive park. The Planner replied the owner is the State but stated the developer has agreed to pay all back taxes and encumbrances and then turn it over to the City. He stated that the City is asking that the property remain in State ownership which would then ultimately be picked up by the City with the developer paying all back taxes and encumbrances. Torjesen stated that he felt that the points that the residents brought up are important concerns. Torjesen asked what more the Planning Commission can do and if all the retoMmend- ations of the PUG Concept have been upheld. The Planner replied that the Commission can make suggestions in terms of the park preservation. He stated that the active park will have tennis courts, baseball fields, etc. while the passive park will be a nature park Of woods. He stated that whether the parks are sWitched around, is up to the Parks, Recreation and Natural Resources Commission. Jim Bast, 17440 W. 66th Street, stated he agreed with the concerns raised by George Kissinger and stated he would like more trees preserved and felt that the 20 acres should not be given to the proponent for park dedication without a title. Gartner stated .that she woOd like the words 'prior to any construction' added to #8 of the staff report between the wolicis 'dedicate' and 'free'. Hallett stated he would like the Parks, Recreation and Natural Resources Commission to look closely at the active park, any chance of preserving more trees, and stated that the developer should not be able to return in the future to request rezoning for the single family lots. He would like them to remain single family lots. 33 Unapproved Planning Commission Minutes December 14, 1981 Sutliff asked if all the quadraminiums will have double car garages. The Planner replied that the ordinance requires single garages, but the proponent is requesting doubles. MOTION 1 Mirhula moved to close the public hearing on the Woodlawn Heights preliminary plat. Gartner seconded, motion carried 5-0. MOTION 2 MrhuTanioved to recommend to the City Council approval of the rezoning from Rural to R1-13.5 and RM 6.5 as per the material dated Oct., 1981 and the staff report dated Nov. 19, 1981 with these modifications and/or additions: #5, add after the word 'improvements', including sanitary sewer lift station force main as outlined . . .; add #11 to read: Eliminate the 2 single family lots (Lots 26 and 27, Block 3) and substitute or add 1 additional townhome on Block 4. Sutliff seconded. DISCUSSION Haffai asked if the single fmaily will remain single family. Marhula replied yes. AMENDMENT TO ADD TO MOTION Gartner moved 6-ariro #8 of the, staff report between the words 'dedicate' and 'free', prior to any construction. Torjesen seconded, motion carried 4-1: Sutliff voted no. VOTE ON ORIGINAL MOTION AS AMENDED"' Motion carried 5-0. MOTION 3 1-7irliug moved to recommend to the City Council approval of the preliminary plat dated 10/2/81 as per the staff report dated 11/19/81 with the same additions and/or changes as listed in Motion 2. Hallett seconded. DISCUSSION Sutliff stated he felt that additions or changes should be made at this point in the motions and stated he felt uncomfortable with the swale which has to be filled. AMENDMENT moved that development in the swale be eliminated and plat be redesigned. He also would like an outlet to be created for the water pending. Gartner seconded. DISCUSSION Tlifietf asked what this would do to the project. The Planner replied that there always was concern about the swale and stated that the natural resources will be preserved as much as possible. He stated the swale is completely wooded but is mostly boxelder trees. Sutliff asked if all the frontages on the cul-de-sacs meet ordinance standards. The Planner stated that they are all in excess of 55' which is reasonable. Marhula stated that he did not agree with the elimination of lots and redesign of the project away from the swale. 314 Unapproved Planning Commission Minutes -4- December 14, 1981 VOTE ON AMENDMENT Motion failed, 2-3. Marhula, Torjesen, and Hallett voted no. Torjesen then stated that he felt that the information submitted by the neighbors should be forwarded to the Council. VOTE ON MOTION 3 WITHOUT AMENDMENT Motion carried 3-2. Hallett and Gartner voted no. MOTION 4 TiarhUla moved to refer to the City Council the Woodlawn Heights EAW Finding of No Significant Inpact. Sutliff seconded, motion carried 5-0. HEMOPANDUI4 TO: • Parks, Rocrci.iso and Natura/ Resources Commission fR04: . Bob Lambert, Director of Community Services DATE: December 18, 1981 SUBJECT: Development Proposal Check List PROIECT: Woodlawn Heights PROPONENT: Lyman Lumber Co. REQUEST: PUD pevelopment stage approval and rezoning from Rural to R1 3.5 and RM 6.5 ana-WiTrimilnary .)Ti approval-7— iocAtumSoutn or Townline Road and west of Duck Lake Road BACKfROLIND: See Planning Staff Report Dated: November 19, 1981 'PARK AND RECREATION PLANNING CONCERNS 1. Type of development : Residential 2. Number of units in residential development: 54 single family units 6 96 quad units 3. Number of acres in the project: approximately 80 acres 4. Special recreation space requirements: 28 acres Of paik S. adjacent to any existing or proposed parks: Adjacent to the Edengate floodplain open anignMaibe Park: This 20 acres will add some active use space to serve this new 4evelopme0t,,as well as some public QPET,sailaozipie areas for viewing 6. Keen tor a mini park . large loonn to sout h No 7. Cash park fee or land dedication? Both a. If Cash park fee dedication, amount based on existing ordinance will total: $41,500 b. If park land dedication, thc number of acres to be dedicated is 28 acres c. Existing or pending assessments or taxes on proposed park property total Approx. $43,000 and will be paid prior to dedication. B. Adjacent to existing or proposed trails: Sidewalk adjacent to Duck Lake Road a. Type of trails Pedestrain b. Construction Material Concrete c. Width of trail 5 feet d. Party responsible for construction Developer O. Landownership of trail location:(dedicated, purchased. ROW) Row NATURAL RESOURCE PRESERVATION CONCERNS I. Site grading plan considers natural amenities of the site? See Planning Staff Report — Page 2 2. Most significant grading on the site: Si gni ficant grading occurs along the south facing slope toward the park area. Fxtensive grading is required in order to fill the gully caused by years of erosion. 9 6, S. Significant vegetation on the site Inc dcsihtrnthlst portion of the site is • ,enerally wooded.' 4. The site grading plan indicates preset-vat ion of :N/A S. Adjacent to public i..•aters: N/A a. Affect on waters: ItErriirscs CHECK 1. }la j or Center Area Study : N/A 2. Neighbolhood Facilities Study :he active use recreation facility proposed to be developed on this site, as well as the laue open kpace area to the south and west will adequately serve park needs for this area. Purgatory Creek Study • N/A 4. Shoreland Management Ordinance: N/A S. Floodplain Oidinance This development proposal meets the floodplain ordinance re_quiredsents. 6. Guide Plauj_.111C _1929_1; aid e _Mau_ dc.picS s this Ate.a._as low (10n 52L)' resi deatia.L.— 7. Other : rircittTinATIONs 1. Adjacent neighborhood type, and any neighborhood opinion voiced in favor or opposed to the project: 2. Planning Commission Recommendation: The Planni Tic, Commission recommended approval of rezoning and preliminary plat as per the material dated October 1981 and the Staff Rs.port dated November 19, 1981. However, the Conmds .sion also recommended to the 2 single family lots - Lot 26 & 27, 81 3 and sid)stitute or add s. Community Services Stall gccomendations: 1 ntidiqual toittlikagit„ on B1_4_, The Planning, Commission also recommended that under No. 8 of the staff report between the words dedicate and add "prior 6 any construction". Com111911iTY51aNist a ff....11c cert,rmda t i ens • CO nnuai —Sem! i cc.% f acJauunciadS_____ approval as per the Planning Staff Report dated Nov. 19, 1981 and the Dec. 14 Planning Commission recommendations. STAFF REPORT TO: FROM: THROUGH: DATE: SUBJECT: APPLICANT: REQUEST: Planning Commission Jean Johnson, Assistant Planner Chris Linger, Director of Planning November 19, 1981 WOODLAWN HEIGHTS Lyman Lumber 1. PUD Development Stage Approval; 2. Rezoning from Rural to R1-13.5 and RN 6.5; 3. Preliminary plat approval for 54 single family units, 96 quad units; 28 acres of park; 4. Environmental Impact Statement finding of no significant impact. BACKGROUND Tbe City granted PUD Concept approval on August 18, 1981 for 150 resi; &rit141 units on a gross area of approximately 80 acres. Concerns raised during the PUD review were: -ownership and density transfer of the 20 acre park; -improvement assessments to abutting Duck Lake Road properties; -access points to Townline Road and its improvement schedule; -utility placement and capacity; -grading was excessive and would eliminate the site's natural amenities (ravine & woods); -no lots should access to Duck Lake Road. EXISTING SITE CHARACTER The 60 parcel has sharp rolling wooded and grass covered hills, and low wet areas. The 20 acre park parcel consists of floodplain and a ridge of about 5 acres. Vegetation types are elm, understory oak, basswood, a few large oaks, and brush. The wet area near Duck Lake Road is frequented by ducks and other wildlife. Staff has requested additional information as to needed storm water capacity, outlet elevations, and review and approval by Department of Natural Resources (if necessary), prior to final platting of lots adjacent to this wet area. Staff Report-Woodlawn Heights page 2 ORDINANCE REQUIREMENTS The land area per multiple unit averages 10,000+ souare feet, well above the minimum size of 6.500 SQ. ft. The single family lots range in size from approximately 13,000-20,000 sq. ft. Lots under 13,500 must be brought up to at least 13,500 sq. ft. in size in the final plat. The gross density of the project is 1.88 units/acre (79.99 acres & 150 units). Grading The grading for the northern eyebrow and cul-de-sac off of Duck Lake Road require;cuts into small hillsides and involves tree removal. The placement of homes will necessitate additional tree removal. The backyards' of the eyebrow lots drop sharply to the wetland. Easements as required by the City Engineering Department will be required across back and side lot lines to allow access and maintenance of this wet area which will be utilized for storm water purposes. These lots will be subject to conditi6ns out- lined in the 'Existing Site Character section of this report. Quad unit A, (see fig. 1) is depicted as having a drive access to Woodlawn Heights across from 2 single family lots. Staff recommends that it be redesigned to the cul-de-sac. Also, the sales potential of these 2 single family lots facing quads would not be the best and it would be acceptable to add a quad in the multiple if these 2 lots were dropped. This would minimize needed grading and tree removal. Any fill in this area and the southwest corner of the site will be subject to review and any permits required by the Department of Natural Resources. The staff will require documentation of the DNR's review prior to approval of the final plat. The ravine filling projected in the PUD has been reduced by eliminating a short cul-de-sac off of Grand View Drive. Grand View Drive will require 10 1 ± cut and fill but does correspond better to the topo and vegetation than the previous grading schematic. Drainage DraiTage of the 60 acres to be developed is to the south end of the property into the vast Purgatory Creek floodplain. Detail utility plans depicting volumes, capacity and elevations of ponds and outlets, catch basins, etc., must be submitted prior to final plat submission for review and approval by the City Engineering Department. Drainage along a natural swab e off the northeast end of the site will be investigated by the project engineer and the City Engineer. Staff Report-Woodlawn Heights page 3 Preliminary engineering review indicates the need for the following: -watermain connection to Chatham Way and Townline Road; -construction of force main west to Purgatory Creek interceptor; -drainage and utility easements along lot lines; -relocation of storm sewer at the north end of quads (see fig. 1); -inclusion of storm sewer system and possible relocation of utilities in northern most cul-de-sac off of Duck Lake Road (see fig. 1). Landscapina • -Staff, after reviewing the preliminary site plan, sees the need for addi- tional landscaping at: -backyards of quads adjacent to the 8 acre active park; -along Woodlawn Heights across from the single family; -and the staff suggests berming along Townline Road at the time of initial grading to screen the uses (see fig. 1). All this work is recomnended to be done with phase 1 development. TRANSPOR7 ATION At the-l-ime OF review of the PUD, the County Highway Department requested a 50 foot ROW from Townline Road centerline and this is depicted upon the preliminary plat. With first phase development, Duck Lake Road will be extended north from its present hard-surface terminous to a point approximately 190 feet north of Woodlawn Heights. Improvement of this portion of Duck Lake Road will include a 5 foot wide sidewalk on both sides and corresponding utilities. Also, at time of first phase grading, staff recomnends gravel surface improvement to Grand View Drive from Woodlawn to the 8 acre park. At time of second phase development, Duck Lake Road will be extended to Townline with hard-surfacing, sidewalks, utilities, necessary cuts and fills, etc.; and the city will work with Minnetonka to design and improve Townline Road to a 28 foot wide hard-surface road. A 5 foot wide concrete sidewalk is required along the west side of Woodlawn Heights. The Woodlawn Heights 60 acre development is served by 1 street from Townline Road. Tieing a street from this development to the west would not be required because: it would connect multiple to a possible single family development, would entail tree and natural grade removal, and a new City street serving 1, 2, or 3 of the large parcels to the west would meet City street design standards and allow flexibility in their development. At this time property owners to the west have not requested any connections. The street naive 'Woodlawn Heights' does conflict with existing street names and the developer should work with the City Engineering and Public Safety Departments on a new submission. LIO Staff Report-Woodlawn Heights page 4 EAW An EAW is reqUired and has been drafted for the City's review and ap p r o v a l . Cash Park re° ' During the POD review, the proponent agreed to: 1. Dedicate the 20 acre park to the southwest free and clear of taxes assessments, and liens. 2. Dedicate an 8 acre active park and grade the park according to the Community Services Director's recommendations. 3. Payment of the cash park fee. RECOMMENDATIONS The Planning Staff would recommend approval of the rezoning and platti n g c o n - tingent upon the following: 1. Detail water design capacity and outlet to wet area and DNR review p r i o r to platting of affected lots. 2. Single family lots under 13,500 sq. ft. must conform to Ord. 135 req u i r e - ments in final plat design. 3. Detail utility, outlet elevations, pipe size, capacity computations, catch basins, etc., must be submitted to the City Engineer for review and approval prior to approval of final plat. 4. Landscaping as outlined in this report must be done concurrent with phase 1 development. 5. Developer agrees to participate in needed street and related improve- ments outlined in this report; and to assume full cost of construction of force main to creek interceptor. 6. Developer will work with City Engineering & Public Safety Departments regarding street names. 7. Grading and utility plans will be subject to review and approval by the Riley-Purgatory Creek Watershed District. 8. Owner will dedicate free and clear of liens, taxes and assessments th e 20 acre park and 8 acre park; and grade the 8 acre park to the Commun i t y Services Director's recommendations. 9. Project will be subject to cash park fee payment. 10. Owner will construct a 5' sidewalk along Duck Lake Road and 5' sidewa l k along west side of Woodlawn Heights. JJ:ss sr... L.? force main to be extended to Purgatory Creek Interceptor • F' / . f ° . • II additional landscaping at timf of phase 1 08 ° 8 acre 84 ;,0 0 -- • n Deing at s:tPhasem, ot \ I. -,--) n I /' i ,,,I• 1 1 1 ... HI I ; ... 2 1—..--...1 1 1 I ' 1 I 1 ••2 ..,' i • ; ,.: ....‘........jr— 1 / ,••• ,..14 I •••n••"."‘ k ,•••‘" _.,.._. s..., ,,-- \ \ , , ,, i _ _._.._ __.... 1 _ . `............:::....•."-7-.. : I --I' /....,' • : i ' I ( I, ! ! .- -1 ...L_ __i_...J 1..__;_ — _L _i__ MISS • g — -7r • ,TCULS, jii,Z•rtar.a. •-•,, ,------- portion o!fOuck Lake Road to be improved with phase I 16 acres dedicated to City covir ..... ,.._••••••cs_ ...• . =: : Z.:. •••—•- • ••-•... ••• • •-• - • • • • ••-•—• — • 22.27:•.:!:';=:".-7.==.1... elocation of utilities needed t watermain connec- tion to Chatham Way 1 & Townline Road intersection Woodratviv qicigkis LYMAN LUMBER Co. . , .• -.....„,.... .....: '.....,, ....------ , ,..--,,v,..------3,,,:rk.• --,,,...2 a...4 i:"' • .0,..''''', , .........4.-11...............1/ .C,,,,,......., ,i_ .........,,I....1./.."\s.,..."y„,,.....:,....,,,...-1.-h' „....,_4 L(.....--.1:1:1__:—: '.-_,-,-,----; x ).'-- ,,,...2-,-7.-------:5-:7_:',1,.%"---: .r)---•:o ./.....:,..., ''' ''''''',1 \ ",.." ‘ •••n•'; 1 (. -,- .... \ ....T.... 1_ .--7,:ti ,.,..,, '''S.-L — 3.- -r --t::•(--• ---ar '.... ----)( t•'*'-.Z.) „....)...• i 1 •••••••--iy,,,.-- , ......_•>.•,.._ • ..-- s _i_.. 7\r----417-n--, • -5, ..._.....- • n \ •il- 40, SITE PLAN) EXHIBIT G FIGURE 1 PACCOBS-XWUTSONASSOVATES. IN ecernb.J. jli, 1:/t31 Mr. William Dearman, Chairman Eden Prairie -Dlanninr Commission 8950 Eden Prairie Road Eden Prairie, Mn. 55344 Ret Lyman Lumber request for zoning and preliminary plat approval for southwest corner of Duck Enke Road and Town] inn Road. Dear Chairman Bearmant On Aurust 18th the City Council approved the PUD concept for up to 150 residential units on approximately 80 acres on the subject parcel. On July 9th the local residents presented to the Planninr Commission e letter raisina'cr,rtain issues on the proposed subdivision. In reviewing the current proposal by Lyman Lumber and in response to the staff report, the residents would at this time recommend that certain chanITs be made in the preliminary plat plan. These chances are as follows. 1. That park dedication on the southwest corner of the site be for the purpose compatible with the existinr parkland located to the south' that is passive parkland. Therefore, the ball diamond and tennis courts should be located on the northerly portion of the sit-. It should be noted that this was a commitment made to the resid•nits by the Flannine Commission at its July 2. Th ,,t the "Ic:od duck" pond located in th.,? north ,i7st corner of the site be preserved and that but) dine lots not int,,rfer with or alt -T any cd the existin, natural sherelim in t:i ,t nrr ,a. This was also a co-mitnt made to th. rlic1 ,13tn by the Flannin. Commission. 3. That the propos ,.d strict and lot layout be altcr,:d to eliminate any cut on the major rise that approximately bisct.s the site from east to vest, thus eliminatinv a major cuttinr and asp.!ct or the existinl plan. 4. That the phasinr of devel4m.Aat be such that the burden of transition of density be placed on the developer. That is the single family be phased first and the multi-family be phased second thus insorinr the marketability and feasibility of the sin 10 family dovelopm ,nt. Enclosed for your von ,ideration is an alternative plat Jeqign whi7h Incorporates each of the concepts Outlined above. We offer this to demonstrate that the lubject parcel can be dev-lopcd to a reasonable denity without doAroyinr the natural •meniti ,,s now existin on the site. The residents remain available to work with the di.v-lopyr and the planninr staff to aid in the accomidation O . these n-ees:iary cham:es to the current proposal. Sincerely, Trim. Residents 1 15 I7( c,b+1. Ed(bn Prft:tt'm 113o telvn PAa,i)Lit, miVs-s3vy l'71100 vf, eA-,.PAAA,E., /74.00 tc). 10(6,..,sL ganr, Puti .A.L0, 13tA- ?61 7.21%, /736c; w.Cic fJeA P&L.; t .14 , : ; —L- _L_i L• • i'1'71171'.111‘j!?4,1_ \-• • ; • 1:;:o., .1 ; , t•; is eft. weer. I% qua u.; 47 s;,..fites 4-7 T01 117 Wool& qici81173- LYMAN LUMBER CO. •SSOC.,:tES "do .... j PRELIMINARY GRADING & DRAINAGE PLAN EXHIBIT I ' NOV. '81 MINNESOTA ENVIRONMENTAL QUALITY COUNCIL ENVIRONMENTAL ASSESSMENT WORKSHEET (LAW) AND NOTICE OF FINDINGS DO NOT WRITE IN THIS SPACE E.R.# NOTE: The purpose of the Environmental Assessment Worksheet (LAW) is to provide information on a project so that one can assess rapidly whether or not the project requires an Environmental Impact Statement. Attach additional pages, charts, maps, etc., as needed to answer these questions. Your answers should be as specific as possible. Indicate which answers are estimated. I. SUMMARY A. ACTIVITY FINDING BY RESPONSIBLE AGENCY (PERSON) Negative Declaration (No EIS) EIS Preparation Notice (EIS Requi• B. ACTIVITY IDENTIFICATION 1. Project name or title WOODEAWN HEIGHTS 2. Project proppser(s) Lyman Lumber Company ' Address 300 Morse Aveune, Excelsior, MN 55331 Telephone Number and Area Code ( 612 ) 474-5991 3. Responsible Agency or Person City of Eden Prairie Address 8950 Eden Prairie Road, Eden Prairie, MN 55344 Pefton in Responsible Agency (Person) to contact for further information on this EAW: Chris Enger, Director of Plng. Telephone (612) 937-2262 4. This EAW and other supporting documentation are available for public in- spection and/or copying at: Location City of Eden Prairie Telephone (612) 937-2262 Hours8:00am-4:30F 5. Reason for EAW Preparation ' Mandatory Category -cite r---1 Petition DOther MEQC Rule number(s)MEQC24-B.1(cc) I I Residential of 40+ acres part of which is within floodplain. C. ACTIVITY DESCRIPTION SUMMARY 1. Project Location County Hennepin City/Township name Eden Prairie Township number 116 (North), Range Number 22 East or West (circ1( Section number(s) 5 & 6 Street address (if in city) or legal description: The East Half of the Southeast Quarter of the Northeast Quarter of Sec t i o n 6 , Township 116, Range 22, Hennepin County, ALSO The Northwest Quarter of the Northwest Quarter of Section 5 and the S o u t h - east Quarter of the Northwest Quarter of Section 5 lying north of the s o u t h 957.00 feet, all in Township 118, Range 22, Hennepin County, Minnesot a . 2. Type and scope of proposed project: 54 Single family attached and 96 detached units, totalling 150 units spread over an area of 80 acres. Also two park areas, one a natural environmental park and one active park. 3. Estimated starting date (month/year) Spring, 1982 4. Estimated completion date (month/year) 1984 5. Estimated construction cost 7 million 6. List any federal funding involved and known permits or approvals ne e d e d from each unit of government and status of each: Unit of Government Name or Type of Permit/Approval Status (federal, state . or Federal Funding regional, local) State MWPCA - Sewer Extension State Dept. of Health-Watermain connec- tion Local Riley-Purgatory Creek Watershed Required, not yet applied for Required, not yet applied for Pending Local City of Eden Prairie - Preliminary Plan - 'Pending Final Plan Required, not yet Zoning applied for EQB Finding of No Significant Impact Pending 7. If federal permits, funding or approvals are involved, will a federal EIS be prepared under the National Environmental Policy Act? ..INO YES UNKNOW' II. ACTIVITY DESCRIPTION A. Include the fbllowing maps or drawings: 1. A map showing the regional location of the project.(attach e d ) 2. An original 8 x 11 section of a U.S.G.S. 7 3i minute, 1:24,000 scale map with the activity or project area boundaries and site l a y o u t delineated. Indicate quadrangle sheet name. (Original U.S . G . S . s h e e t must be maintained by Responsible Agency; legible copies m a y b e s u p p l i e d to other EAW distribution points) attached. 3. A sketch map of the site showing location of structures i n c l u d i n g significant natural features (water bodies, roads, etc.) a t t a c h e d . 4. Current photos of the site must be maintained by the Resp o n s i b l e A g e n c y . Photos need not be sent to other distribution points. B. Present land use. 1. Briefly describe the present use of the site and lands a d j a c e n t t o t h e site. Currently the property is void of structures and a portion i s b e i n g ' leased for agricultural purposes. The north edge of the sit e b o r d e r s the City of Minnetonka where single family development has t a k e n p l a c e . To the east and south within Eden Prairie, single family de v e l o p m e n t h a s occured. To the west within Eden Prairie, there are sparse l y s c a t t e r e d ' single family units westerly to Highway 101. 2. Indicate the approximate acreages of the site that are: a. Urban developed 0 acres f. Wetlands (Type III, IV, V)3.2 acres b. Urban vacant . 0 acres c. Rural developed 0 acres d. Rural vacant DO acres e. Designated Rec- reation/Open Space 20 acres g. Shorel and h. Floodplain I. Cropland/Pasture land J. Forested 0 acres 13.6 acres 9.6 acres 14.6 acres *Note: Total Acreage of site in this category other are sub - c a t e g o r i e s 3. List names and sizes of lakes, rivers and streams on o r n e a r t h e s i t e , particularly lakes within 1,000 feet and rivers and stream s w i t h i n 300 feet. Purgatory Creek lies within approximately 300 feet of the s o u t h w e s t e r l y parcel of this site.. C. Activity Description I. Describe the proposed activity, including staging of develo p m e n t ( i f a n y ) , operational characteristics, and major types of equipment a n d / o r p r o - cesses to be used. Include data that would indicate the mag n i t u d e o f the proposed activity (e.g. rate of production, number of c u s t o m e r s , tons of raw materials, etc.). Development Mothod'- Single family attached and detached uni t s a r e proposed for the majority of the property. Two park areas a r e a l s o shown. One park area would be an activity area consisting o f a p - proximately eight acres. The other area is proposed as "nat u r a l environment" park and consists of approximately 20 acres. Development Timing - It is the intent of the owners that th e s i t e grading and utility installation begin during the 1982 cons t r u c t i o n season. • Occupancy of the area and actual building construction woul d t a k e place over a three to fear year period as the market d:ctat e s s a l e of the units. 2. Fill in the following where applicable: • a. Total project area -or- Length • b. Number of housing or recreational units 150 c. Height of structures d. Number of parking spaces NA Size of marina and access NA sq. channel (water area) Vehicular traffic trips generated per day . 1200 ADT I. Number of employees NA Water supply needed 39,500gal: Source:City of Eden Prairie k. Soild waste requiring . disposal 230 tc. 80 acres 9- miles h. 30 ft. S. e. Amount of dredging Nonecu.yd. I. Commercial, retail or Industrial floor space NA sq.1 f. Liquid wastes requir- ing treatment 31,50pgal/da III. ASSESSMENT OF POTENTIAL ENVIRONMENTAL IMPACT 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 th e project, such as fault zones, shrink-swell soils, pcatland s , or sinkholes? X NO YES 3. If yes on I or 2, describe slope conditions or unstable area and any measures to be used to reduce potential adverse im p a c t s . Required measures to reduce adverse impacts resulting from d e v e l o p m e n t of slopes include: - I) The erosion and sediment control plan will be submitted i n a c c o r d a n c e w i t Watershed Policy. 2) Existing trees and brush or shrubs will be preserved wher e p o s s i b l e t o prevent erosion. 3) Reveoetation will take place after grading is completed. 4) Sediment control devices will be placed along slopes where e r o s i o n and sedimentation potentials are high l as per the Watershed's rules UNITED STATES . DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY EXCELSIOR QUADRANGLE HOPKINS QUADRANGLE Woodrawit, (Weigh-is LYMAN LIDASER CO. 0 LOCATION MAP EXHIBIT A ..coe ,/4 w- ‘ / / 1 .. <4.,>-` „ • s, ....-- ....- 1 1 I m i I ft I I I. _L______1_, 1......1._1_1._IF2.;., 174,.7.—FTZ:471111-11,7c.W...ntait,-.4 I , . , 1 ---1 I -1 -1:1- cWoodrawn) clitigar LYMAN LUNEER CO. j SITE ANALYSIS EXHIBIT 0 MCOWIS3APN13001 ASSOPATES. INC. *541REL.JSZMIA • 7'1 . • (utic•cycLoPL:r) 0 ' IT-- 1 ,4 C-(.Z) 0 OiraiV11...) -I .. \ _ 14i u I. Ii —r- —r a... I , tn. ,n•••1 01.4.4 Lhat r7.70.-57.4174.—iirc tumcwct.r.s.c.s; (or. NADI 11.040ClitLegl..02.... ea.. LYMAN LUMBER CO. ...ay • M. PRELIMINARY PLAT ,......., litC041354(N1/11,' ASSOCIATES. INC. EXI-BBIT H 4. Indicate suitability of site soils for foundations, individual septic systems, and ditching, if these are included in the project. The majority of soils encountered on the site constitute part of the Hayden eliy loam class of soil. The existing drainage ways are occupied by the organic soils. In areas where construction of either roadway or buildings is antici- pated, the peat material will be replaced with suitable foundation material. There will be no individual on-site septic systems as a part of the overall development. The proposed development can be considered compatible with the soils in the area. 5. Estimate the total amount of grading and filling which will be done: 175,000 cu4d. grading175,000cu.yd. filling What percent of the site will be so altered? 6. What will be the maximum finished slopes? 7. What steps will be taken to minimize soil erosion during and after construction? See Hydrology Section, 0-3 B. VEGETATION 1. Approximately what percent of the site is in each of the following vegetative types: Woodland Brush or shrubs 17.8% Cropland/ Pasture 10 % Marsh 12.0 % 21 % Grass or herbaceous 39.2% Other 0 % (specify) 2. How many acres of forest or woodland will be cleared, if any? 2.3 acres 3. Are there any rare or endangered plant species or areas of unique botanical or biological significance on the site? (See DNR publication The Common Ones.) YES X NO . If yes, list the species or area and indicate any measures to be used to reduce potential adverse impact. 42 % 3:1 % C. FISH AND WILDLIFE I. Are there any designated federal, state or local wildlife or fish m a n a g e - ment areas or sanctuaries near or adjacent to the site? NO X YES 2. Are there any known rare or endangered species of fish or wildlif e o n 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 YLS 4. If yes on any of questions 1-3:list the area, species or habitat, a n d indicate any measures to be used to reduce potential adverse impact o n them. The Purgatory Creek wildlife and trail corridor is adjacent to the s i t e ' s southwest side. ensite: Birds and small animals will have their habitat temporarily disturbed , forcing them to seek alternate shelter during the construction of the site. It is the developer's intent to remove as few trees as necess a r y for the construction of the buildings and roadways, allowing for a minimum amount of interruption of some wildlife in the area. The proposed pending area will promote wetland vegetation, introduce a large amount of aquatic growth, and provide a wildlife habitat. D. HYDROLOGY I. Will the project include any of the following: If yes, describe type of work and mitigative measures to reduce adverse impacts. NO YES 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 e. Appropriation of ground and/or surface water X f. Other changes in the course, current or cross- section of water bodies on or near the site X 2. What percent of the area will be converted to new impervious surfac e ? 1 5 ' . 3. What measures will be taken to reduce the volume of surface water r u n - off and/or treat it to reduce pollutants (sediment, oil, gas, etc.)? 1) On-site storm water retention areas. 2) -Hay bales or filter fence will be placed on steep slopes and around catch basin inlets as needed. 3) Revegetation will take place in the disturbed areas after grading is completed. Erosion control methods will be installed as per Watershed rules &re g u l a : . 4. Will there be encroachment into the regional (100 year) fiood p l a i n by new fill or structures? X NO YES If yes, does it conform to the local floodplain ordinance NO ...L ..YES 5. What is the approximate minimum depth to groundwater on the site? Elev. 870 - Northeast Portion Elev. 892 - Southwest Portion feet None 1. If the project is or includes a landfill, attach information on soil profile depth to water table, and proposed depth of disposal. NA E. WATER QUALITY 1. Will there be a discharge of process or cooling water, sanitary sewage or other waste waters to any water body or to groundwater? X NO YES If yes, specify the volume, the concentration of pollutants and the water body. receiving the effluent. 2. If discharge of waste water to the municipal treatment system is planned, identify any toxic, corrosive or unusual pollutants in the wastewater. 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 measures will be used to minimize the volumes or impacts identified in questions 1-3? F. AIR QUALITY AND NOISE .1. Will the activity cause the elimination of any gases and/or particul- ates into the atmosphere? NO X YES If yes, specify the type and origin of these emissions, indicate any emission control devices or measures to be used, and specify the ap- proximate .amounts for each emission (at the source) both with and without the emission control measures or devices. The residential units planned for the site will not be significant stationary emission sources. Therefnre, traffic nonorAted by the development will produce the majority of the gaseous and particulate emissions attributable to the site. The hydrocarbon (HC) and oxides of nitrogen (N0x) emissions are key components in the complex chemical reaction which forms photochemical exidants such as ozone. This reaction involves the mixing of chemicals from air movement and exposure to sunlight. As a result, the total CH and NOx emissions primarily affect the region as a whole rather than concentrated sites. Carbon monoxide (CO) has a direct impact and can be specific to a localized area. Transportation sources contribute a relatively small portion of the particulate emissions in the region so the development will have a negligible effect on the regionwide particulate levels. The increase in traffic due to the site will have a negligible impact on the total emission of CH and NOx for the region. No violations of the federal ozone standard have been recorded at any of the monitoring stations in the Twin Cities Area from 1976 through the latest data reported in 1978 according to the "Air Quality Control Plan For Transportation" dated January, 1980. The plan also anticipates signif- icant reductions in RC emissions between 1977 and 1987 due to the current transportation plans, the expected changes in travel character- istics, and the eventual replacement of older, unregulated vehicles by vehicles meeting the current federal emission standards. NOx emissions are not currently considered an air quality problem in the projected decrease for the same reasons as the HC emission level decrease. Site preparation by heavy earth moving equipment will result in emission of gas and soil particulates into the air. Such emission should be dissipated at the site's boundary. If emissions go beyond the site boundary, watering will be required. The highest CO levels in the Twin Cities Metropolitan Area are gen- erally concentrated in densely developed Minneapolis and St. Paul CBO's. The concentration of CO in the region is anticipated to be significantly reduced between 1977 and 1987 due to the transportation plan, the expected changes in travel characteristics, and the change in the vehicle fleet resulting from the replacement of older vehicles by vehicles meeting more stringent emission standards. The following three maps of the current and projected carbon monoxide emissions illustrate the reduction which is projected to occur due soley to the change in the vehicle fleet. Additional reductions will be realized by incorporation of the transportation plan and by changes in travel characteristics. The area containing the WOODLAWN HEIGHTS site has, and is projected to have, very low concentrations of carbon monoxide. In 1977, the site was in the lowest category of carbon monoxide concentration. Projections for the region for 1982 and 1987 indicate that this site will remain in the lowest category. DENSITY PATTERN OF CARBON MONOXIDE EMISSIONS FROM VEHICLE TRIPS IN THE METROPOLITAN AREA, 1977 Carbon Monoxide Emissions (in kg. per sq. mi. per day; for COW, in kg. per day) 00.2.499 a 10.000 • 14,999 02,500. 4,999 015.000 - 19,999 Dow • 9.999 a 20,000a (Source: "Air Quality Control Plan For Transportation." Metropolitan Council, January, 1980) -Q. PROJECTED DENSITY PATTERN OF CARBON MONOXIDE EMISSIONS FROM VEHICLE TRIPS IN THE METROPOLITAN AREA, 1982 Carbon Monoxide Emissions (in kg. per sq. mi. per day: the CEI0s. In kg. pm day) 002.49$ N I0000 • 14,999 02.500 • 4.999 la spoos 05,000.9999 (Source: "Air quality Control Plan For Transportation." Metropolitan Council, January, 1980) PROJECTED DENSITY PATTERN OF CARBON MONOXIDE EMISSIONS FROM VEHICLE TRIPS IN THE METROPOLITAN AREA, 1987 Carbon Monoxide Emissions On kg. per sq. mi. per day; for CODs, In kg. per day) 0 0 2.499 0 2,500 4,999 IS 5,0004 (Source: "Air Quality Control Plan For Transportation." Metropolitan Council, January, 1980) 2. Will noise or vibration be generated by construction and/or operation of the project? NO X YES. If yes, describe the noise source(s); specify decibel levels 1 .118 (g . and noisq/vibration. During the construction phase of the development the operating of construction equipment and the conducting of construction activities will be confined to the hours from 7:00 AM to 5:00 PM. The noise reduction effects of the natural topography, natural vegetation, con- struction berms, constructed houses, and limited construction hours will be adequate to achieve acceptable noise level conditions during the construction phase. The residential land use in the development will not be the source of significant noise levels. This -land use is compatible with the surrounding areas which consist of residential deulopments to the north, east, and south and scattered residences to the west. The primary source of noise generated by the proposed land use activities will be due to vehicular traffic: However, the impact of the additional traffic generated by the site is not expected to significantly increase the vehicular noise in the area because it will be confined to low speed local traffic.. Therefore, no problems are anticipated with excessive noise. 3. If yes on 1 or 2, specify whether any areas sensitive to noise or reduced air quality-(hospitals, elderly housing, wilderness, wildlife areas,.residential developments, etc.) are in the affected area and . give distance from source. There will be no significant air quality and noise impacts on the site for the reasons explained in Sections F.1 and F.2. -12- GI G. LAND RESOURCE CONSERVATION, ENERGY 1. Is any of the site suitable for agricultural or forestry production or currently in such use? NO X YES If yes, specify the acreage involved, type and volume of marketable crop or wood produced and the quality of the land for such use. About ten acres of the BO acre site is currently used to produce miscellaneous cash crops. 2. Are there any known mineral or peat deposits on the site? X NO YES If yes, specify the type of deposit and the acreage. 3. Will the project result in an increased energy demand? NO X YES Complete the following applicable: a. Energy requirements (oil, electricity, gas, coal, solar, etc.) 4 • Type CSIAMdLCU Annual. Requirement red& UUMUHU Hourly or Daily Summer Winter Anticipated Supplier Firm Contract or Interruptable Basis? Electricity '2.047.500 kwh 8,530 kwb NA — NSP Firm Gas 9,000 mcf • NA 63 mcf Minneciasco Unknown • • • b. Estimate the capacity of all proposed on-site fuel storage. NA c. Estimate annual energy distribution for: space heating 57 % lighting 10 % air conditioning 70 % processing 8 % Ventilation 5 % d. Specify any major energy conservation systems and/or equipment incorporated into this project. 1) Solar Collectors 3) Building Sitting 2) Landscaping al. 4) Total Energy Management e. What secondary energy use effects may result from this project (e.g. more or longer car trips, induced housing or businesses, etc.)? This development is not expected to induce any significant amount of commercial development since it is located near regional and neighborhood shopping centers and near to major employment centers. Therefore, no significant increase in trip lengths are expected. M. OPEN SPACE/RECERATION • 1. Are there any designated federal, state, county or local recreation or . open space areas near the site (including wild and scenic rivers, trails, lake accesses)? NO X YES If yes, list areas by name and explain how each may be affected by the project. Indicate any measures to be used to reduce adverse impacts. Purgatory Creek, a wildlife corridor and lineal trail system is located approximately 300 feet southwest of the extreme southwest corner of the site. No adverse impacts are anticipated. The average weekday trips and the AM and PM peak hours trips which will - be generated by the site were projected. The trip generation rates used I. TRANSPORTATION .1. Will the project affect any existing or proposed transportation systems (highway, railroad, water, airport, etc.)? NO YES If yes, specify which part(s) of the system(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, percentage of truck traffic, safety, increased traffic (ADT), access requirements). The average weekday trips and the AM and PM peak hours trips which will be generated by the site were projected. The trip generation rates used for each of the projected land uses were obtained from the manual of Trip Generation published by the Institute of Trans- portation Engineers and are presented in Table 1. The 1TE manual provides the results of numerous studies of vehicle trips entering and exiting various types of land uses for the daily total and for the AM and PM peak hour periods. The total number of additional trips were found by multiplying the number of dwelling units of each type by the appropriate trip generation figured from Table 1. The ITE manual trip generation rates may need adjustment to avoid over estimation of the additional trips actually generated by the site. This over estimation can result because the rates in the 1TE manual are based on driveway counts made at each of the land uses studied. The driveway counts did not identify the types of trios and the impact of the factors (such as increased transit and para- transit, higher fuel costs, and flexible working hours) which affect local travel behavior. Each time a vehicle entered or exited a driveway it simply was counted as an additional site generation trip. Therefore, these projected values likely over estimate the actual number of trips which will be generated since these factors can total to account for a reduction in the number of vehicle trips generated by fifteen to thirty percent. Table 1 Trip Generation Rates Single Family Detached Home 10.0/dwelling unit 0.3 0.6 78- PM Peak Hour Trip - Enter 0.7 - Exit 0.4 Total 10 Average Weekday Trips AM Peak Hour Trip - Enter - Exit Total Townhome 5.1/dwelling unit 0.1 0.5 0.4 0.2 0.6 Source: Trip Generation by Institute of Transportation Engineers. -15- 0 Table 2 Total Trip Generation Single Family Detached Home Townhome Total Average Weekday Trips 540 AM Peak Hour Trips - Enter 16 - Exit 32 Total 43 490 1030 10 . 26 48 eo • 48 91 PM Peak Hour Trips - Enter 38 - Exit 22 Total 54 38 19 58 76 . 41 112 The existing street system serving the site, Duck Lake Road and Townline Road both need improvements. Duck Lake Road will be widened and hard- surfaced along with utility and drainage improvements north to Woodlawn Heights. Townline Road will undergo City improvements of widening existing surface stripping, drainage and utility work. First phase development of Woodlawn Heights', southern portion of single family and southern of townhouses is planned to coincide with Duck Lake Road improvements. Duck Lake Road is designated as a collector and Townline Road is des- ignated as a minor arterial. These classifications are aimed at serving this type of development. There will not be any heavy commercial vehicle traffic generated by the development. Access will be via one curb cut located on Townline Road and two on Duck Lake Road. The proposed location of the curb cuts are shown in the site plan included. 2. Is Mass transit available to the §ite? NO X YES The site is not directly served by the Metropolitan Transit Commission bus service currently serving the area. However, both regular line bus service and express bus service as available in the area. Regular line bus service is proivded by Route 67 which passes near the site at the intersection of Townline Road and Highway 101. Express bus service to Downtown Minneapolis is provided by Express Route 533 which passes to the south of the site along West 78th Street. Park and ride lots are located nearby at West 78th Street and Highway 101 and West 78th Street and Mitchell Road. 3. What measures, including transit and paratransit services, are planned to reduce adverse impacts? Provision will be made for adequate S'pace for possible future bus related road improvements which would be coordinated with the Metro- politan Transit Commission if a route is created to pass along either Townline Road or Duck Lake Road. J. PLANNING, LAND USE, COMMUNITY SERVICES' • 1. Is the project consistent with local and/or regional comprehensive plans? If not, explain: NO x YES If a zoning change or special use permit is necessary, indicate existing zoning and change requested. Existing Zoning - Rural Proposed Zoning - Residential Planned Unit Development: R1-13.5 and RN 6.5 zoh ' 2. Will the type or height of the project conflict with the character of the existing neighborhood? X NO YES If yes, explain type of development and specify any measures to be used to reduce conflicts. 3. How many employees wil) move into the area to be near the project? NA How much housing will be needed? NA 4. Will the project induce development nearby--either support services or similar developments? X NO YES If yes, explain type of development and specify any other counties and munici- palities affected. The development is not expected to induce any significant development of . support services. Since it is located adjacent to existing residential . development, it will utilize these existing services. 5. Is there sufficient capacity in the following public services to handle the project and any associated growth? Amount required ca acit ? Water 39,500 gal/da Yes Wastewater treatment 31,500 gal/da Yes Sewer 6,750 feet • Yes Schools 220 pupils Yes Solid waste disposal 20 • ton/mo Yes Streets 0.9 miles Yes Other (police, fire, etc) • If current major public faciiities -are not adequate, do existing local plans call for expansion, or is expansion necessary strictly for this one project and its associated impacts? The above public services are existing planned extensions by the City of Eden Prairie. -18 - • 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 EC? 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, on 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, specify: 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 archaeoligic or palentological sites be affected by the activity? X NO YES . 3. List any site'or structure identified in 1 and 2 and explain any impact on them. L. OTHER ENVIRONMENTAL CONCERNS Describe any other major environmental effects which may not have been identified in the previous sections. III.OTHER MITIGATIVE MEASURES Briefly describe mitigative measures proposed to reduce or eliminate potential adverse impacts that have not been described before. -19- () V. FINDINGS The project is a private (__.) governmental (.X) action. The Responsible Agency ' (Person), after consideration of the information in this EAW, and the f a c t o r s In Minn. Reg. MEQC 25, makes the following findings. I. The project is (__) is not( X) a major action. State reasons: 2. The project does (__.) does not ( X) have the potential for signific a n t environmental effects. State reasons: 3. .(For private actions only.) The project is (_j is not (__) of more than local significance. State reasons: IV. CONCLUSIONS AND CERTIFICATION NOTE: A Negative Declaration or EIS Preparation Notice is not offici a l l y f i l e d until the date of publication of the notice in the EQC Monitor section of the Minnesota State Register. Submittal of the EAW to the EQC constitutes a request for publication of notice in the gc Monitor. A. I, the undersigned, am either the authorized representative of the Re s p o n s i b l e Agency or the Responsible Person identified below. Based on the ab o v e f i n d i n g s , the Responsible Agency (Person) makes the following conclusions. ( C o m p l e t e either 1 or 2). 1. -X NEGATIVE DECLARATION NOTICE No EIS is needed on this project, because the project is not a major action and/or does not have the potential for significant environmental effects and/or, for private actions only, the ' project is not of more than local significance. 6,9 -pn- 2. EIS PREPARATION NOTICE . — An EIS will be prepared on this project because t h e p r o j e c t i s a major action and has the potential for significant en v i r o n m e n t a l effects. For private actions, the project is also o f m o r e t h a n local significance. a. The MEQC Rules provide that physical construction or o p e r a t i o n o f t h e project must stop when an EIS is required. In specia l c i r c u m s t a n c e s , the MEQC can specifically authorize limited construc t i o n t o b e g i n or continue. If you feel there are special circumsta n c e s i n t h i s project, specify the extent of progress recommended a n d t h e r e a s o n s . b. Date Draft EIS will be submitted: (month) (day) (year) (MEQC Rules require that the Draft EIS be submitted w i t h i n 1 2 0 d a y s of publication of the EIS Preparation Notice in th e E Q C M o n i t o r . I f special circumstances prevent compliance with this t i m e l i m i t , a written request for extension explaining the reason s f o r t h e r e q u e s t • must be submitted to the EQC Chairman:) c. The Draft EIS will be prepared by (list Responsible A g e n c y ( s ) o r Person(s): Signatur Cal J. Jullie, City Manager Title Date B. Attach an affidavit certifying the date that copies o f t h i s E A W w e r e m a i l e d to all points on the official EQC distribution list, t o t h e c i t y a n d c o u n t y directly impacted, and to adjacent counties or munici p a l i t i e s l i k e l y t o b e directly impacted by the proposed action (refer to q u e s t i o n 1 1 1 . J . 4 o n p a g e 11 of the EAW). The affidavit need be attached only t o t h e c o p y o f t h e E A W which is sent to the EQC. C. Billing procedures for Eqc Monitor Publication State agency Attach to the EAW sent to the EQC a completed OSR 100 ONLY: form (State Register General Order Form--available a t Central Stores). For instructions. please contact y o u r Agency's Liaison Officer to the State Register or t h e Office of State Register--(612) 296-8239. '10 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 82-07 A RESOLUTION APPROVING THE WOODLAWN HEIGHTS 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 Woodlawn Heights PUD is considered a proper amendment to the 1979 Comprehensive Guide Plan, and WHEREAS, the City Planning Commission did conduct a public hearing on Lyman Lumber's PUD request for approval of 54 single family and 96 attached units and dedication of open space, and recommended approval of the PUD Concept to the City Council, and WHEREAS, the City Council did consider the request on Jan. 5, 1982. NOW THEREFORE BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota as follows: 1. The Woodlawn Heights 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 application material dated October, 1981. 3. That the PUD meet the recommendations of the Planning Comm- ission dated December 14, 1981. ADOPTED, by the City Council of Eden Prairie this day of , 1982. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk SEAL 11 Parcel A The East 338.00 feet of the North 450.00 feet of the West Half of the Northwest Quarter of Section 5, Township 116, Range 22, Hennepin County, Minnesota. Containing 3.49 acres more or less. . Parcel B Beginning at the northwest corner of the West Half of the Northwest Quarter-of Section 5, Township 116, Range 22, Hennepin County, Minnesota; thence on an assumed bearing of South 1 degree 23 minutes 11 seconds East along the West line of said West Hall 1004.00 feet; thence North 88 degrees 36 minutes 49 seconds East 129.37 feet: thence South 54 degrees 49 minutes 43 seconds East 250.00 feet; thence North 57 degrees 10 minutes 17 seconds East 480.00 feet; thence North 25 degrees 57 minutes 45 seconds West 123.22 feet; thence North 0 degrees 18 minutes 20 seconds East 123.22 feet; thence North 10 degrees 04 minutes 27 seconds East 61.47 feet; thence South 79 degrees 55 minutes 33 seconds East 351.37 feet; thence North 68 degrees 04 minutes 27 seconds East 305.00 feet to the intersection with the East line of said West Half; thence Northerly along the said East line to the northeast corner of said West Half; thence westerly along the north line of said West Half to the point of beginning, except the East 338.00 feet of the North 450.00 feet of said West Half. Containing 22.94 acres more or less. toe Parcel C Beginning at the northwest corner of the West Half of the Northwest Quarter of Section 5, Township 116, Range 22, Hennepin County, Minnesota; thence on an assumed bearing of South 1 degree 23 minutes 11 seconds East along the west line of said West Half 1004.00 feet; thence North 88 degrees 36 minutes 49 seconds East 129.37 feet; thence South 54 degrees 49 minutes 43 seconds East 250.00 feet to the point of beginning; thence North 57 degrees 10 minutes 17 seconds East 480.00 feet; thence North 25 degrees 57 minutes 45 seconds West 123.22 feet; thence North 0 degrees 18 minutes 20 seconds East 123.22 feet; thence North 10 degrees 04 minutes 27 seconds East 61.47 feet; thence South 79 degrees 55 minutes 33 seconds East 351.37 feet; thence North 68 degrees 04 minutes 27 seconds East 305.00 feet to the intersection with the East line of - said West Half; thence southerly along said East line 1405.91 feet to the North line of the South 957.00 feet of said West Half; thence westerly along said North line 984.87 feet; thence North 1 degree 40 minutes 17 seconds East 288.00 feet; thence North 71 degrees 40 minutes 17 seconds East 135.00 feet; thence North 11 degrees 49 minutes 43 seconds West 140.00 feet; thence North 2 degrees 12 minutes West 95.08 feet; thence North 24 degrees 33 minutes East 95.08 feet; thence North 54 degrees 49 minutes 43 seconds West 210.00 feet to the point of beginning. Containing 25.23 acres more or less. Public—Quasi Public Commencing at the northwest corner of the West Half of the Northwest Quarter of Section 5, Township 116, Range 22, Hennepin County, Minnesota; thence on an assumed bearing of South 1 degrees 23 minutes 11 seconds East along the West line of said West Half 1004.00 feet to the point of beginning; thence North 88 degrees 36 minutes 49 seconds East 129.37 feet; thence South 54 degrees 49 minutes 43 seconds East 460.00 feet; thence South 24 degrees 33 minutes West 95.08 feet; thence South 2 degrees 12 minutes 25 seconds East 95.08 feet; thence South 11 degrees 49 minutes 43 seconds East 140.00 feet; thence South 71 degrees 40 minutes 17 seconds West 135.00; thence South 1 degree 40 minutes 17 seconds West 288.00 feet to the intersection with the north line of the South 957.00 feet of said West Half; thence westerly along said south line to the southwest corner of said West Half; thence northerly along the west line of said West Half to the point of beginning. ALSO The East One Half of the Southeast Quarter of the Northeast Quarter of Section 6, Township 116, Range 22, Hennepin County, Minnesota. C aining 28.31 acres more or less. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-08 RESOLUTION APPROVING THE PRELIMINARY PLAT OF WOODLAWN HEIGHTS BE IT RESOLVED by the Eden Prairie City Council as follows: That the preliminary plat of Woodlawn Heights dated Oct., 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 . Wolfgang H. Penzel, Mayor John D. Frane, City Clerk SEAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 82-09 A RESOLUTION FINDING THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR WOODLAWN HEIGHTS A PRIVATE ACTION DOES NOT REQUIRE AN ENVIRONMENTAL IMPACT STATEMENT WHEREAS, the City Council of Eden Prairie did hold a hearing on Jan. 5, 1982 to consider the Woodlawn Heights proposal, and WHEREAS, said development is located on approximately 60 acres of land in northwestern Eden Prairie, and WHEREAS, the Eden Prairie Planning Commission did hold a public hearing on the Woodlawn Heights PUD request and did recommend approval of the Environmental'Assessment Worksheet finding of no significant impact. NOW THEREFORE, be it resolved by the Eden Prairie City Council that an Environmental Impact Statement is not necessary for Woodlawn Heights because the project is not a major action which does not have significant environmental effects and is not more than of local sig- nificance. BE IT FURTHER RESOLVED, that a Negative Declaration Notice shall be officially filed with the Minnesota Environmental Quality Council. ADOPTED, this day of , 1982. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk SEAL Parks, Recreation & Natural Resources Commission Minutes Unapproved -1- December 21, 1981 MEMBERS ABSENT: Breitenstein, Schwartz a. CNR Golden Strip Don Brauer was present on behalf of Condon-Naegcle. He said there will be new owners of the property in January, 1982, but they have the same development objectives as the present owner. The developer is requesting PUB Concept Plan Approval for 53.74 acres as Regional Office and Preliminary Plat Approval for 63.79 acres into 9 lots and a public road ROW. Brauer mentioned that 8 acres of the total acreage will be open space. Kingrey expressed deep concern that the entire wooded area on this parcel of land be retained. Brauer shares this concern and does want to preserve a large portion of the woods. Lambert noted that the Planning Commission approved the proposed land use designation (office) and the grading plan for the road system. However, they denied the specific development plan which Lambert is also not in favor of. NOTION: Kingrcy moved to recommend approval of the land use designation per Planning Staff Report of November 28, 1981, and approval of preliminary plat for road right of way. Jesscn seconded the motion. The motion carried with a vote of 4-1 (Anderson opposed). Unapproved Planning Commission Minutes December 14, 1981 MEMBERS ABSENT; Beaman & Retterath B. CNR GOLDEN STRIP EAST, by Condon-Naegele Realty Co. Request TO-FWD COnce-pt approval, PUD Development Stage approval, preliminary platting for 8 office sites and 1 restaurant and possible variances. Located west of Vikings Winter Park, north of 1-494, and south of Nine Mile Creek. A continued public hearing. The Planner stated that this item has been continued from the 11/23/81 meeting which was cancelled. He stated that this proposal was before the City in 1980 but had a problem of traffic. He stated that the traffic study has been completed and the City Council had approved it. Don Brauer, The Brauer Group was present to give the presentation. Brauer breifly reviewed the plat and stated that this site is at the centerline ."' of Nine Mile Creek. He stated that the developer's are selling the project and have a closing date of 1/18/82. He stated that in 1980, the traffic concerns were about the access and street connection. He stated that the proponent needs 3 decisions; 1) a zoning land use; 2) establish road patterns for platting; and 3) to plat 1 lot buildable. The Planner reviewed the staff report dated 11/20/81. He stated that he agreed with the 2 lots next to the Vikings, having Lot 3, Block 1 remain as is, and have the rest of the site to remain as an outlot. He stated that he recommends approval of the office land use, the approval of the road right-of-way and Lots 1 and 2, Block 3 (adjacent to the Vikings site) being platted. Sutliff asked if the road will continue all the way through to the east and west. The Planner replied yes. Marhula asked if it is appropriate to plat Lots 1 and 2, Block 1 prior to rezoning. The Planner stated that the proponent made a committment at the titne of Vikings approval for rezoning. Brauer then stated that the proponent realizes that they will have to return for rezoning. Torjesen asked if approving the office land use designation constitutes a Guide Plan Amendment. The Planner stated that he had talked to a Local Assistance Planner at the Metropolitan Council who checked it out and said the Met. Co. felt that the office category was interchangable with industrial which would be permissive. Sigmund Helle, 2124 Stanford Ave., St. Paul, stated he was representing Mr. Herleiv Hello, 6138 Artic Way. He asked if the preliminary plat approval is a conoittment from the proponent to continue the road to Valley View. The Planner replied no, that the road will be identical to Shady Oak Road. Helle then had questions per- taining to the road study which was completed and approved. The Planner explained the approved study. Marhula asked if the connection of the road to the north is required. The Planner replied no, that it is to the west. 7-) Planning ComMission Minutes Gartner asked about the right-angle turn. Brauer replied that that Was miSdrawn on the plat and that the angle was approximately 130 rather than 90. He stated that the turn will meet all safety requirements, etc. Sutliff asked if Lots 1 and 2, Block 3 could be outlot B. The Planner replied yes. MOTION 1 Gartner moved to close the public hearing on the PUD Concept Plan and preliminary plat. Sutliff seconded, motion carried 5-0. MOTION 2 Gartner moved to recommend to the City Council approval of the office land use designation but denial of the specific development plan according to the 11/20/81 staff report. Marhula seconded, motion carried 5-0. MOTION 3 Gartner moved to recommend approval of the preliminary plat dated 10/81, with the revision that only the road ROW be platted at this time according to the staff report dated 11/20/81. Block 3 would be platted as one lot as would Blocks 1 & 2. ROW width and curve radii would be subject to Engineering review and approval. Marhula seconded, motion carried 5-0. MEMORANDUM FROM: DATE: SUBJECT: ! PROJECT: Parks. Recreation and Natural Resources Commission Bob Lambert, Director of Community ServiceS December .18, 1981 Development Proposal Check List CNR Golden Strip PROPONEM: Condon-Naegele Realty REQUEST: PUD Concept Plan Approval for 53.74 acres as Regional Office a n d p r e l i m i n a r y Plat approval for 63.79 acres into 9 lots and a public road RO W . LocATI 0,1,Jtorth of I-494,_y_e_51 of viiihingun Avg, . aDd smith of Smetana Lake BAcKGRom: See Planning Staff Report Dat e d: .PARE AND RECREATION PLANNING CONCERNS 1. Type of development: Office . 2. Number of units in residential development: N/A .' S. Number of acres in the project: 63.79 4. Special recreation space requirements: N/A S. Adjacent to any existing or proposed parks: Contains proposed dedicated open space adjacent to Nine-Mile Creek and Smetana Lake. A. Affect on the park :See Planning Staff Report 6. Need for a mini park:. No 7. Cash park fee or land dedication? Cash Park Fee would be required a. If Cash park fee dedication, amount based on existing ordinance will t o t a l : $89,306 b. If park land dedication, the number of acres to be dedicated is c. Existing or pending assessments or taxes on proposed park property tot a l and will be paid prior to dedication. 8. Adjacent to existing or proposed trails : There are no proposed trails within this project a. Type of trails N/A b. Construction Material N/A c. Width of trail N/A d. Party responsible for construction 6. Landownership of trail location:(dedicated, purchased. ROW) N/A NATURAL RESOURCE PRESERVATION CONCERNS I. Site grading plan considers natural amenities of the site? The current development plan will allow unnecessary removal of vegetation and IiiraTtion 01 -1MTOT-151M narms• 2. Most significant grading on the site: a detailed grading plan has not accompanied this proposal; however, this proposal does indicate a desire to " r e s h a p e " t h e -aominant natur5T-TFaturtTh1 this site. N/A 3. Significant vegetation on the site includes: See Planning Staff Report pare 3 • •-••••• 4. The site grading plan indicates preservation of N/A S. Adjacent to public waters: Smetana Lake and Nine-Mi Le Creek a. Affect on waters: The drainage pattern would be altered and runnoff rate would increase. RETERENCE. CHECK 1. Fiajor Center Area Study : See Planning Staff Report 2. Neighborhood Facilities Study : N/A 3, Purgatory Cr( A: Study :N/A S 4. Shoreland Management Ordinance :ee Planning Staff Report - page 2 S. Floodplain Ordinance : Ste Planning Staff Report - 6. Guide Plan: See Plana:Lag. ataff_Report - Page 1 7. Other : RECOMENHATIONS 1. Adjacent neighborhood type, and any neighborhood opinion voiced in favor or opposed to the project: 2. Planning Commission Recommendation: On Dec. 14, 1981, the Planning Commission recommended approval of the office land use designation, but denial of the specific develop- meat plan according to the recommendations of the Nov. 20 1981 Planning Staff Report 3. Comm . unity Services Staff Rctowlendations: Approval of the office land use designation. but denial of the specific development plan as per the Planning Staff Report dated November 20, 1981. STAFF REPORT TO: FROM: DATE: SUBJECT: FEE OWNER & APPLICANT: REQUEST: PROJECT LOCATION: Planning Commission Chris Enger, Director of Planning November 20, 1981 CNR GOLDEN STRIP EAST Condon-Naegele Realty Planned Unit Development Concept plan approval for 53.74 acres as Regional Office and preliminary plat approval for 63.79 acres into 9 lots and a public road ROW. North and adjacent to 1-494 and west of Washington Avenue, south of Smetana Lake and Nine Mile Creek. BACKGROUND Incialed with this report is a complete background of the history of past proposals on this project. The 1979 Comprehensive Guide Plan depicts this area as office on the western 2/5 of the site and industrial on the eastern 3/5 of the site. The general approved PUD, which was superceded by the 1979 Comprehensive Guide Plan il- lustrated this entire PUD as industrial. Existing Zoning The 53 acre PUD is rural. This PUD is the eastern half of the original Condon-Naegele PUD which covered all of the land north of 1-494 from 169 easterly to Washington Avenue. The western half of that original PUD has been graded in preparation for auto dealerships. No additional construction has taken place beyond the grading from 1975 to this date. The Minnesota Vikings facility, directly adjacent to Washington Avenue, occurs at the eastern end of this PUD and was granted zoning and has completed con- struction of an office building/regional services training facility for the Minnesota Vikings. Action was deferred on this PUD in 1980 because of a question of transportation systems expected in the project. The developer has followed the recommendations of the City's adopted traffic study for this area and has continued the frontage road through the property rather than the 2 dead-end cul-de-sacs previously proposed. Staff Report-CNR Golden Strip - page 2 The Planning Staff suggests that because of the natural character of this site with Nine Mile Creek and Smetana Lake on the north portion of it, and the high exposure to 1-494 south, that regional office land use is compatible with industrial designation of the Conprehensive Guide Plan and is an appropriate land use on this site. TRANSPORTATION As adbpted in a May, 1981 Smetana Lake Traffic Study, there is a City require- ment for a continuous frontage road from Washington Avenue through this prop- erty to proposed Schooner Blvd. The developer has illustrated a continuous frontage road however, it is being provided with two sharp bends at the west- ern end of the current PUG. Because of thb high peak hour flow of approximately 600 auto trips during the PM peak, it is highly desirable that this road geometric be modified to produce a much more gentle set of curves which would be more easily travelable and create less access problems to it. The bridge from Washington Avenue south across 1-494 which would recreate full access to the property, is not currently in any funding plans and no funding has been identified. Therefore, as stated in the Smetana Lake Traffic Study, this bridge would be viewed as a last phase segment in the road network system and would not be expected to be built prior to complete development of the Smetana Lake area. NATURAL FEATURES An Environmental Assessment Worksheet was prepared by the proponent in 1975 on the entire PUG. In that natural feature assessment, it was contemplated that the entire wooded hill in the very center of the site would be preserved; it was so represented in the PAW. Although the proponent has improved the amount of vegetation in the hill that would be retained in this current proposal by an acre and a half, a'significant portion of the hill is still being altered and has not been represented in that way in the original PAW. The Normal Ordinary High Water Mark of Smetana Lake is at elevation 833.3. The Department of Natural Resources has designated Smetana Lake as a natural environment lake. The setbacks and criteria for building near a natural environment lake are listed in Eden Prairie's Ord. #80-25 (Shoreland Management Ordinance). Minimum lot size for lots abutting a natural environment lake of an office land use are 10 acres with a minimum width at building line of 200% andnimum setback of 200' from the Normal Ordinary High Water Mark. The officebuilaings proposed are under the minimum lot size but appear to adhere to the setback from the Normal Ordinary High Water Mark. Criteria for commercial buildings is identical to office buildings and would put the regional restaurant at the very western end of the project in conflict with the Shoreland Management Ordinance both in terms of lot size and setback from the Normal Ordinary High Water Mark, Floodplain The floodplain for Smetana Lake is at the 841 elevation. The two buildings proposed on the very western end of the project on Block 1, Lots 3 and 4, are both proposed within the floodplain. The office buildings on Block 2, Lots 1 and 2 are also proposed within the floodplain and require fill within the floodplain. Staff Report-CNR Golden Strip ' page 3 Topcmally & Vegetation The site is very steeply rolling and predominantly occupied b y o a k w o o d s . T h e low point of the Site is at Smetana Lake of 833.8 rising sha r p l y t o t h e e a s t to a set of knolls ranging from 852 to 861. The site contin u e s t o r i s e to the center of the project to the set of twin knolls; one a t 8 8 0 . 7 a n d a very high steep knoll at 933.0. The total site elevation di f f e r e n c e t h e n i s 100'. Vegetation on the site can be described from an inven t o r y t a k e n b y t h e City Forester in November of this year and is given as follo w s : On September 19, 1981 I visited the Condon-Naegele Realty property to ascertain and define the major tree cover types on the PUD C o n c e p t proposal. I divided the area (ee attached) into 6 differen t t r e e z o n e s a n d found them to contain the following: Area A: Approximately 1.8 acres. The trees in this area are large m a t u r e w h i t e oaks (Quercus alba), many 24" in diameter. The trees are w i d e l y s c a t t e r e d forming an uneven canopy. The understory is dense brush co m p o s e d o f p r i c k l y ash, small elms, buckthorn, and black cherry. Area B: Approximately 1.4 acres. Major trees in this area are medi u m ( 1 8 " - 2 4 " ) s i z e d red and white (Quercus ruba and Quercus alba) oak trees. U n d e r b r u s h i n this is similar in size and composition and density as Area A . Area C: Approximately 4.8 acres. This area contains the highest elev a t i o n p o i n t o f the site. The major tree cover type is white oak (Quercus a l b a ) . T h e white oaks are from 18-24" in diameter and represent 90% of t h e t o t a l t r e e cover of this area. The trees represent an "even age stand" m e a n i n g t h a t these trees are relatively close in grow age. I would estim a t e t h e a g e s o f these trees to be approximately 90-120 years. (The life exp e c t a n c y f o r a white oak is 250-300 years). The associated species of trees in this area are basswood (l i n d e n ) , b l a c k cherry and ironwood. This wooded area represents a climax f o r e s t m e a n i n g that it has developed over several hundred years and will be s e l f p e r - petuating if undisturbed. This area contains the most significant trees of the entire s i t e . Area 0: Approximate size - 2.3 acres. This area contains 85-90Z ba s s w o o d t r e e s ranging in size from 10-14" in diameter. The size and dens i t y o f t h e s e trees is representative of an area that has been logged (40 - 5 0 y e a r s a g o ) and the trees (originally understory trees) have begun to f i l l i n t h e clearing. The area also contains a few large scattered white oaks and red oaks which were not cut in the logging. 73 Staff Report-CUR Golden Strip page 4 Area E: Approximate-size 6.0 acres. The tree cover is very similar in characteristic to Area C however, this area contains a mixture of red oak (Quercus alba). The trees are generally 18-24" in diameter with an approximate range in ages of 75-120 years. This area is also a climax forest with a life expectancy of 250-300 years. The southern fringe of this area contains small elm, aspen, and birch 6-12'. (see map) Area F: Approximate-size 8 acres. This area contains the largest variety of overstory trees of the entire site. The largest trees are scattered red oak which , are 30-36.0 in diameter. These trees are approximately 150-200 years old. Mixed in with these oaks are elms, aspen, cottonwoed, and black cherry. The majority of elm trees in this area are diseased With .Dutch Elm disease (DED) or have died from DED. This area is in transition and does not appear to have a dominant tree species. This area has the 'lowest value' tree Over on it. Diesease and Insect Evaluation It is difficult to make a complete evaluation of all disease and insect problems during this time of the year. I looked for signs of oak wilt disease and did not find any areas that would represent an infection center. I also checked the tree inspection records of the past 4 years and found no reports of suspected oak wilt. Submitted by Stuart Fox, Tree Inspector. . "IN ••••••• ..•n• , GOLDEN STRIP PROPERTY Mass Grading Fig. b condon-naeg;ele rea:tv CO. brauw assoc. ltd., inc..plannfars ! • Staff Report-CNR Golden Strip page 5 DEVELOPMENT PLAN The request of the development plan is two-fold; 1) approval of a preliminary plat which would allow parcelling of the property for sale purposes; and 2) approval of concept development plan that would allow grading of the site in general conformance with the mass grading plan submitted and labelled figure B. All development proposed on this site at this time is speculative in nature. Because of the very high quality and high visibility of this site, both from Nine Mile Creek and from 1-494 and its value as a City wide amenity and doorway to Eden Prairie, and because of consistency of review of development projects of a speculative nature impacting significant natural resources, it is in- conceivable and 'iladvised to adept this development plan which would allow grading to this degree without specific plans of actual users of the property. A case in point, is the Minnesota Vikings training facility, which has been featured in Minnesota Architecture Magazine. The Planning Comnission is aware that the majority of the vegetation cf significance and land forms of signi- ficance on the Minnesota Vikings site were preserved and the actual amenity of the site itself was a major determining factor in the Vikings locating at this site. To destroy sites of higher natural quality then the Minnesota Vikings site would be to destroy nIch of the desirability of the site for high — quality corporate users. Therefore, although the developer is not proposing to grade the site at this tine, he is asking approval for a develop- ment plan which would ultimately alter beyond recognition the site as it exists today. The proponent has provided plans which illustrate the develop- ment plans for the site which makes no attempt to work with the majority of the natural land form of the site and removes most of the significant Oak vegetation of the site. Gelcos Corporate Headquarters is an example of a development that can be located within a woods Even though a majority of the mods in the Gelco site plan was removed, enough of the peripherial woods was retained to enhance the ultimate development of the office project. RECOMMENDATIONS The Planning Staff would recommend approval of the office designation land use for this property subject to the following conditions: 1. The preliminary plat should not he approved at this time because the lot lines are drawn anticipating a development similar to the current develop- ment plan. 2. The current development plan should not be approved because of its severe impact on the natural features of the site and because of the speculative nature and unnecessary contemplation of removal of vegetation and alter- ation of land form. 3. The mass grading plan should not be approved as submitted because of its severe impact on the vegetation and land forms of the site. Staff Report-CNR Golden Strip . page 4. The east/west through road should be modified to rel a x t h e t w o n i n e t y degree bends which would slow traffic and create tra f f i c c o n g e s t i o n . 5. Any individual site grading approvals or site plan a p p r o v a l s w o u l d b e subject to specific review of specific site plans a n d b u i l d i n g p l a n s submitted as a part of a preliminary plat and rezon i n g a p p l i c a t i o n for actual structures. CE:ss STAFF REPORT TO: FROM: DATE: PROJECT: REQUEST: LOCATION: REFER TO: Planning Comission Jean Johnson, Assistant Planner September 18, 1980 CNR GOLDEN STRIP EAST PUD Resubmission for PUD Concept approval North of 494, South of Nine Mile Creek & West of Viking.; Center February 20, 1980 staff report March 10, 1980 State Highway letter EQC approved plan, 12/9/75 V BACKGROUND fri—FebrUY, 1980 an application for: PUB Concept uses of office and office dis- tribution, preliminary plat approval, and rezoning from Industrial & Rural to Office for the eastern 15 acres (11 of which is presently being developed for the Vikings Center), was received. In March the Planning Commission acted upon the requests as follows: "Motion: Bentley moved, Levitt seconded to recomriend the City Council refer the PUD concept request back to the_proppnent for revision, gErusfve of the eastern 15 acres as outlined in the stilf—TEPort dated 2/2/80. Motion carried 4-0. Motion: Bentley moved, Gartner seconded to recommend to the City Council approval of the rezoning from Rural & 1-2 Park to Office for 15 acres according to the material dated February 20, 1980 and the staff report dated February 20, 1930 provided that the Public Safety Department submit their opinion of lengthy cul-de-sacs and that de- tailed grading plans be submitted prior to City Council review. Motion: Bentley moved, Levitt seconded to recommend to the City Council approval of the preliminary plat dated February 20,.1980 according to the staff report dated February 20, 1980 provided that the Public Safety Department submit their opinion of lengthy cul-de-sacs and that detailed grading plans be submitted prior to City Council review. Motion carried 4-0." The Council approved first phase development and the PUB Concept was returned for revisions as noted in the staff report. The applicant has now revised the PUD Concept and desires City approval of same. v Staff Report--CNR Golden Strip E. -2- September 18, 1980 I STAFF/COMMSSION SUGGESTED REVISIONS: I "1. The original 1975 submission for PUD a p p r o v a l o f C o n d o n - N a e g e l e ' s entire 165 acre parcel illustrated a road t h r o u g h t h e p r o p e r t y from C.S.A.H. #18 to U.S. 169. Since much o f t h e c u r r e n t 7 3 a c r e eastern half of the original PUD is now bei n g r e q u e s t e d f o r o f f i c e use, and since in the future there will be ' i n - o n l y " a c c e s s f r o m Co. Rd. #18, it is critical that this road b e c o n t i n u e d t h r o u g h . Without this through connection, developme n t a n d t r a f f i c c i r c u l - ation may be hampered for years by two half m i l e l o n g c u l - d e - s a c s . An analogous situation would be cul-de-sac i n g W e s t 7 8 t h S t r e e t from both directions in front of Gelco on t h e s o u t h s i d e o f 1 - 4 9 4 . A connection north across Nine Mile Creek t o a f u t u r e V a l l e y V i e w Road and a connection south across 1-494 to W e s t 7 8 t h S t r e e t w i l l still be valuable to the total transportati o n s y s t e m b u t d o e s n o t eliminate the logical connection from east t o w e s t o f t h e C o n d o n - Naegele property. 2. The original PUD and Environmental Assessme n t W o r k s h e e t s h o w e d Lots 10 & 11 as being preserved, "The second area of preservation (the first b e i n g t h e flood plain and adjacent slopes) will be th e a p p r o x - imate 8 acre forested hill in the center o f t h e p r o j e c t . This hill is of great scenic beauty and con t a i n s a n oak overstory with a basswood understory. I t i s basically undisturbed forest of a caliber i n c r e a s i n g l y rare in the Metro Area. This area will rem a i n i n t h e ownership of CNR as a Rural Outlot". (page 3 9 C o n d o n - Naegele Realty Company Environmental Asses s m e n t W o r k - sheet) The Planning Staff believes that this is st i l l a v a l u a b l e p h y s i c a l amenity of the site but that the current PU D p r o p o s a l p l a n s e l i m i n - ation of this woods and hill form rather th a n p r e s e r v a t i o n o f i t . The road system and parcel ization should b e r e d o n e i n o r d e r t o allow this to occur as a preserved amenity a s a p a r t o f a l a r g e r office site. 3. The retention of two office warehouse sit e s s e e m s i n c o m p a t i b l e with the high quality character of office p a r k t h a t t h i s a r e a h a s the potential to be." ISTATE/WIGHWAY DEPAR1MLNT RESPONSE] After Planning Commission action, I. . following response relative to the east / w e s t frontage road was received: "In regard to the frontage road shown on t h e n l a t , w e s u g g e s t t h a t i t be constructed westerly to the proposed Ring Rood interchange. This would greatly improve traffic circulation i n t h e a r e a . " ( 3 / 1 0 / U 0 l e t t e r ) g9 •;- Staff Report--CNR Golden Strip E. -3- September 18, 1980 FUSED SEPTEMBER, 1980 PUD PLAN'S CONFORMANCE TO SUGG E S T E D R E V I S I O N S : I 1. Roadway . The proposed PUD plan depicts a combination of tempo r a r y c u l - d e - s a c s and a North/South connecting road over 494 as an alt e r n a t i v e t o t h e original East/West connection depicted in the E.A.W. a n d 1 9 7 5 P U D . 2. Forested Hill The proposed PUP depicts •a lot line through the cent e r o f t h e top of the hill with division of the 84. acres into l o t s 1 1 & 1 2 . This does not conform to the approved E.A.W., the 19 7 5 s u b m i t - ted plan, or the Staff/City recommendations of Febru a r y 2 0 , 1 9 8 0 . 3. Office - Warehouse Uses The proposed PUD does eliminate the office - warehou s e u s e s w h i c h were incompatible with the quality office sites. STAFF REVIEW OF REVISED POD 1 1. Roadwai The network of roadway has far reaching implication s a n d a f f e c t s State, County and City systems. A clear alternativ e w h i c h w o u l d satisfy all parties involved has not been arrived at . I t i s s u g - gested that input from other affected landowners be r e c e i v e d p r i o r to approving a concept. 2. Forested Hill The schematic platting depicted on the revised PUD do e s n o t p r e - serve this 8 acre parcel. The hill is divided by a l o t l i n e and no preservation documents are included. . The Planning Staff still feels, as outlined in the p r o p o n e n t ' s E.A.W., that this site is a valuable amenity to pres e r v e f o r the character of the development and for the City. 3. Office - Warehouse Uses The revised PUD does eliminate the previously propos e d o f f i c e / warehouse lots which were incompatible to the high q u a l i t y office sites on adjoining lots. qo Staff Report--CNR Golden Strip E. -4 - September 18, 1980 CONCLUSIONS • The Staff recommends returning the PUD to the proponent and contin u i n g t h e i t e m for the following reasons: 1. To allow participation from affected landowners as to the underpass/overpass of 494. 2. For revision of the road and platting depicted to: a. Preserve the wooded hill feature of -the proposal. b. More clearly define the east/west connection, from the Ring Road to Co. Rd. 18, as previously recommended by staff and highway department. JJ:ss 91 ENVIRONMENTAL ASSESSMENT WORKSHEET CNR PLAN .pud concept & rezoning t(9.RC:-*.f.g.";>1-r \ ,1 /2.-• I /,/ e,, - ' e • -- I LEGEND erralt 1-reee,e, see. eeeennlesr-1-21.22 1 200.21.027-Iteeneele 3.220221.32230-ee At. • t r 104010 tiet.ec ro7A--,Alle•2222wer....." ac 1-71-22820222101e-et. r-1.-Preit 2-nes •2 3.3113S 2000WAT-ser se. =n-r-Locorws argcroAvarcorr•ce CXR - GOLDEN STRP/7AST Brauer & Associates Ltd., Inc. Alternate U-Phasing ADDENDUM Auo,.1980 FIG.3a 0 100 300 (Underpass) 9g .. /I n o.ii nadir Entrki.yer Evan R. Green Project Manager ERC:bn ,oxscpt, oi -71-:s Minnesota Department of Transportation District Five rcf 5801 Duluth Street oF-70 Golden Valley, Minnesota 55422 March 10, 1980 Mr. Chris Eager •• Planning Director City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 S.P. 2785-188 TEl 494 . Review of proposed Viking Office and Training Facility, located in the NW quadrant of TH 494 and Washington Avenue South in Eden Prairie Dear Mr. Enger: We have reviflwed the above referenced develop m e n t a n d o f f e r t h e f o l l o w i n g comments for consideration. - As you know, we are presently designing cha n g e s f o r t h e I - 4 9 4 - C S A H 1 8 • interchange area. These changes include revisi o n s t o e x i s t i n g W a s h i n g t o n Avenue in the area of the proposed access to t h i s d e v e l o p m e n t . O u r Detail designer has submitted copies of our pr o p o s e d p l a n s t o y o u r C i t y Engineer. Any proposed entrance should be des i g n e d s o t h a t i t i s compatible with our future changes. In regard to the frontage road shown on the p l a t , w e s u g g e s t t h a t i t b e constructed westerly to the proposed Ring Roa d i n t e r c h a n g e . T h i s w o u l d greatly improve traffic circulation in the ar e a . If any construction for the proposed frontage roa d e n c r o a c h e s u p o n o u r right of way, the developer must obtain a per m i t f r o m o u r G o l d e n V a l l e y office before any construction can take place . If you have any questions in regard to these c o m m e n t s , p l e a s e f e e l f r e e to contact me at 545-3761 ext. 119. Thank you fo r y o u r c o o p e r a t i o n . Sincerely, OW 54 5.37G1 As noted in fig. 2 below, the 72.9 acres are presently located in C-Reg, Rural and 1-2 Districts. The eastern 11 acres to be zoned to office is presently zoned 1-2 and Rural. \\" loomar.0011 77:--'''''. ..., - .....+. _.. ..-:- k\\ I A STAFF REPORT TO: FROM: DATE: PROJECT: APPLICANT: REQUEST: Planning Commission Chris Enger, Planning Director Jean Johnson, Assistant Planner Feb. 20, 1980 CNR-GOLDEN STRIP EAST PUD & VIKING REZONING Condon-Naegele Realty Company 1. PUD Concept Plan Approval on 72.9 acres for Office and regional commercial uses 2. Rezoning of 15 acres from Rural & 1-2 to Office for an office and athletic training facility for the Minnesota Vikings 3. Preliminary plat approval of 2 lots. BACKGROUND Comprehensive Guide Plan The Guide Plan illustrates office, industrial, and public uses over the 72.9 acre site. Industrial is illustrated for the 15 acre piece reque s t i n g rezoning to office at this time. FIG. 1 FIG. 2 Zoning -.-Rc----/e7 (-11,--,i -- ,. ----;- ArmARC., 1 \i'-- i ,..,. . • , : . :eic,eti\ • ,...:3"."` >(.0;.;r./.•ll,:////1 ••..!t ,•. ...':•-'-;•:-'••:' :. _.-. k" i:i (-•..-•'''::;Z:'"'- ... - ' ,1 ••• , ' • • . • • • SW) S$1.7 rONCSSI r, 0.11 Walk 041 Swot . 1 n• 4aff Report-CNR PUD & %.tking Rezoning .2- C7; Feb.20.1980 BACKGROUND, continued Major Center Area Plan, 1973 The MCA Plan depicts 2 multiple housing locations and highway commercial/ regional services uses. The current Guide Plan uses of office and industri a l override the 1973 proposed uses of multiple family housing contained in th e . MCA Plan. Smetana Lake Plan , 1974 The 1974 Smetana Lake Plan describes this area as suitable for industrial a n d / o r office uses with density trade off possible if "the . scenic forested sloping .areas and flood plain " are preserved. Condon-Nallgele PUD, 1975-76 This PUD submitted in 1975, and approved in 1976 , gave PUD approval for restaurant, hotel and highway service uses,( this included 4 auto dealers h i p s along 1-494) over the western portion of the 165 acre PUD. The remainder of the CNR property ( area lying east of drainage swale, se e f i g . 3 ) , was returned to the developer for refinement. Subsequent rezoning action approved the rezoning to C-Reg-Ser for 24 acres. Although the City's current Zoning Map illustrates C-Reg zoning on the 25 a c r e s west of the proposed Schooner Boulevard, this is a technical error due to a n inaccurate legal description. The Council's motion and the proponent's req u e s t clearly reflects zoning for the auto dealership sites only. In 1977 the CNR final plat for the western portion of their property along 1 - 4 9 4 was approved . The plat contained 3 lots and 6 outlots; two of the cnitlots w e r e . dedicated to the City for ramp right-of-way and one outlot was deeded to the City for park and conservancy purposes. The plat name as filed is "Golden Strip". 'toticu tuna znitNo Will. •WWWW. a. 111. W et w W. n A4 A A. A ... A .. A .., 1 . ri Staff Report-CNR PUD & Viking Rezoning -3 - Feb. 20,1980 EXISTING SITE CHARACTER So il s As noted on page 7 of the development brochure and v e r i f i e d t h r o u g h s o i l b o r i n g s , the Heyder and Hayden Soils dominating the site ar e s u i t a b l e f o r t h e c o n s t r u c t i o n of office type buildings as outlined by the propon e n t . Topography • The site is gently rolling with wooded hills risin g i n t h e n o r t h - c e n t r a l and hortheast portions of the site. The site has been previously graded to accommodate a s e w e r t r u n k l i n e and an access road which meanders through the Con d o n - N a e g e l e W e s t P U D and the proposed East PUD. (see Figure 4 ) Vegetation Besides cattail and bullrush being located along t h e m a r s h l a n d a n d c r e e k , they have also appeared around the sedimentation p o n d b u i l t i n c o n j u n c t i o n w i t h the sewer trunk line. The most dominate vegetative feature, as noted in t h e b r o c h u r e , a r e t h e stands of mature red and white oak trees. Preserv a t i o n o f s i g n i f i c a n t o a k stands was included in the 1975 PUD, ( see Figure 4 ) in a Rural classifica- tion. This Rural piece was proposed to be retained by the o w n e r . The present plan depicts little retention of the oaks a n d p l a t t i n g o f t h e R u r a l piece into Lots 10 & 11 (see figure 5). Site Plan: Transportation The original 1975 CNR Plan illustrated a road from W a s h i n g t o n A v e n u e west to US 169/212. This road was not approved bec a u s e o f a d r a i n a g e swab e occurring near the center of the site. However, w i t h c o n s t r u c t i o n of the auto dealership pads, sedimentation ponds, s a n i t a r y s e w e r l i n e , and removal of Dutch Elm diseased trees, this is no longer a vaild factor. E.A.W. AlWcontained in the original E.A.W. is the prese r v a t i o n o f t h e w o o d e d hill area now depicted for development in the 1980 P l a n a s L o t s 1 0 a n d 11. (V1 •rr A P P R O VE D 1 9 7 5 PLAN LT. I r t 00• ' LAND -USE CONCEPT 'ONNG la 21, ACRES ca.rm. REG. SUM 2494 3.7.•E CarSICE 23 47 I-2 2934 77,24.0 7CTA2. mato REOUUT 12_42 72.3300 72.1.24 • ". - • .4-r. , (.77 I I:• pud concept & rezoning @WAY-111-&-15-21;,-9 1.001.1C CC•497E11.7.4.-11.3. 0776r, COU.Er10.4.1.-77CH77•Y OrFICE 4- 0700970,1-2 STREET & 19G+1WAY MAW. 12.37ACRES 240a 25. 23.47 32.90 20.24 • &TES • 2 3 10 n.n• 109.72 K0)11-16,1 1:-'91,1 3 ? , -vr,,, * c's..‘N‘A,,,\'• , I,..\\:`..\ \ NV\ ......-..7,_,,-..7„,,___________:.....„,:,.,7...,:_t_. ...L.____-)x,,,,i,.\\,.., 1._...,. 5 : n . r• — -: Ii y,-,-,-,-'-',, ,,,- ---.n---7,.,,:.-t-:-:,-•?--,7 , - -1;7)::5-- 77-1:1J7--7-72- :L.7--__'7,-:..n_',_::1-1`,,,l:.,-...:',,'t'' ,:..t.itt.i':'.. ,i'lg: :.-- j 9:,-77( 'r/Ii'ill 71----------------'—\--''' ''--- --------- -----77:------ ___ --......---4.-,—. - ITZT73-r-r2T . . ZSZX:=7.0 NR-- GCLDEN STR1P/EAST Brauer & Associates Ltd., ir . (44 Staff Report-CNR PUD & Viking Rezoning -4 - Feb.20,1980 Surrounding Land Uses On the north portion of the PUD is an overhead transmission line and Nine Mile C r e e k . North of Nine Mile Creek are scattered residential homes and mining pits which are foreseen as future industrial and high density residential areas. • Directly south of the PUD, across 1-494, is the Bachman Anderson Office site which is currently under construction. To the west of this office site is the Gelco corporation which presently includes 1 existing office structure, 1 office structure under construction, and future building plans for 3 additi o n a l buildings. East of the PUD, across Washington Avenue, is the City of Bloomington. Present l y a small number of residential homes exist along Washington Avenue, but the future intended use according to Bloomington's Guide Plan is for office develo p - ment. West of the proposed CNR East PUD proposed is the approved 1975-76 PUD by Condon-Naegele as described on page 2 of this report. ORDINANCE REQUIREMENTS Shoreland Management Ordinance Smetana Lake is classified as - Recreational Waters. Nine Mile Creek is General Development Waters. Requirements for both are listed below. Recreational Waters General Dev„Waters a. Lots must have public sewer. a. Lots mia- have public s ewer. b. 10 acre minimum lot size. b. 40,000 sq.ft. minimum lot size.. c. 200 foot minimum setback from the c. 150 foot minimum setbacl from the Normal Ordinary High Water Mark, Normal Ordinary High Water Mark. The proposed Viking Office and training facility meets the above requirements. ORDINANCE 135: Office District minimum lot width 100 feet minimum lot depth 100 feet front yard setback 35 feet rear yard setback 20 feet side setbacks 20:50 feet maximum height of structure 30 feet F.A.R. 30% for 1 story 50% for multiple story parking- 5 spaces per 1,000 square feet G.F.A. I • 100 ( Staff Report-CNR PUD & Rezoning -5 - Feb. 20,1980 ENVIRONMENTAL ASSESSMENT WORKSHEET The Minnesota Environmental Quality Council at a December, 1975 meeting reviewed a E.A.W. on the CNR 165 acre development and determined that an Environmental Impact Statement(E.I.S.) was not required. Therefore, no additional E.A.W. is mandatory unless uses contrary to those contained in the 1975 E.A.W. are proposed or unless environmental effects, other than those covered in the E.A.W.,are discovered. The 15 acre site requesting rezoning to Office was depicted in the 1975 .E.A.W. as industrial lots ranging from 2-3 acres in size. The praposed Viking Office and training facility would be expected to have less impact upon the site and surrounding facilities than 3-4 industrial sites would have produced. CASH PARK FEE The City approval of the 1975 CNR Western PUD & rezoning accepted land in lieu of cash park fee payment. Since the early days of the City's cash park fee ordinance in 1975, a subsequent ordinance (78-229) has been adopted and is applicable to this project. • The CUR Golden Strip East PUD offers 5.2 acres of land ,(located between the centerline of Nine Mile Creek and the 100 year flood plain elevation of 833),for dedication to the City. This dedication is acceptable to the City but does not constitute land in lieu of cash park fee payment as it occurs within a flood plain. Therefore, the owner may retain the flood plain portion in his ownership, or dedicate the land to the City in the form of a charitible donation(gift). First phase development of the CUR East PUD, the Viking rezoning&adjacent 4 acres, will be subject to cash park fee payment at time of building permit issuance. Presently, the amount applicable to office uses is $1,400 per acre. (el Staff Report-CNR E.PUD & Viking Rezoning .-6 - Feb. 20, 1980 RECOMMENDATIONS The staff recommends approval of the rezoning to Office District and preliminary plat approval of two lots on the 15acres subject to the following: 1. The plan be reviewed and approved by the Nine Mile Watershed District. 2. The public road be built according to City Engineering standards to the property's western boundary. 3. The plan be according to the specific site plans submitted and dated Feb. 15, 1980. 4. Any substantial change in the site plan of either Lot 1 or Lot 2 be reviewed and approved by the Planning Commission. 5. The area shown as preservation on Fig. 10 of the development brochure (2-80), Fig.5 of report , be protected from any grading or construction. 6. That grading be limited to Lots 1,2,and 3 until further approvals. 7. That cash park fee payment of $1,400/acre be paid at time of building permit issuance. The staff recommends returning the PUD Concept, exclusive of the eastern 15 acres, to the proponent for the following revisions: 1. The original 1975 submission for PUD approval of Condon-Naegele's entire 165 acre parcel illustrated a road through the property from C.S.A.H.t18 to U.S. 169. Since much of the current 73 acre eastern half of the original PUD is now being requested for office use, and since in the future there will be "in-only" access from Co.Rd.t18, it is critical that this road be continued through. Without this through connection , development and traffic circulation may be hampered for years by two half mile long cul-de-sacs. An analagous situation would be cul-de-sacing West 78th Street from both directions in front of Gelco on the south side of 1-494. A connection north across Nine Mile Creek to a future Valley View Road and a connection south across 1-494 to West 78th Street will still be valuable to the total transportation system but does not eliminate the logical connection from east to west of the Condon-Naegele property. 2. The original PUD and Environmental Assessment Worksheet showed Lots 10 & 11 as being preserved. "The second area of preservation (the first being the flood plain and adjacent slopes) will be the approxi- mate 8 acre forested hill in the center of the project. 10a Staff Report-CNR E. PhD & Viking Rezoning -7- Feb. 20, 1980 The hill is of great scenic beauty and contains an oak overstory with a basswood understory. It is basically undisturbed forest of a caliber increasingl y rare in the Metro Area. This area will remain in th e ownership of CNR as a Rural outlot".( page 39 Condon Naegele Realty Company Environmental Assessment Worksheet) The Planning Staff believes that this is still a va l u a b l e p h y s i c a l a m e n i t y of the site but that the current PhD proposal plans e l i m i n a t i o n o f t h i s woods and hill form rather than preservation of it . T h e r o a d s y s t e m a n d parcelization should be redone in order to allow this t o o c c u r a s a preserved amenity as a part of a larger office site. 3. The retention of two office warehouse sites seems incompatible with t h e high quality character of office park that this area h a s t h e p o t e n t i a l to be. CE:jj io3 .014C)& Minnesota p. Department of Transportation 4 1Y District 5 — 4., 2055 No. Lilac Drive ,CA oFTBW - Golden Valley, Minnesota 55422. December 8, 1981 (612) 545.3761 Hr. Chris Enger Planning Director City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 In Reply Refer To: 315 S.P. 2785 T.H. 494 Plat review of CNR Golden Strip East Revised located North of 494 approximately 4000' to 1000' West of Washington Ave. in part of the SW 1/4 and the SE 1/4 of Section 12 and the NW 1/4 and the NE 1/4 of Section 13, Township 116, Range 22 in the City of Eden Prairie, Hennepin County Dear Mr. Eager: We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. We find the plat acceptable for further development with consideration of the following comment: - The grading plan submitted with this plat indicates work within the highway right of way. A permit must be applied for and approved before any work in begun within the highway right of way. The permit could take a substantial amount of time to process as we will have to have it approved by the Federal Highway Administration. If you have any questions in regard to this comment, please contact our Layout, Research and Development Engineer Mr. J. S. Katz at 545-3761 ext. 150. Thank you for your cooperation in this matter. Sine Craw rd; District Engineer 7) cc: Charles Weaver Metropolitan Council Mike Reiter Hennepin County Surveyor's Office An Equal Opportunity Employer CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 82-10 A RESOLUTION APPROVING THE CNR GOLDEN STRIP EAST PLANNED UNIT DEVELOPMENT AND AMENDING THE GUIDE PLAN WHEREAS, the City of Eden Prairie has by virtue of Ordinance 135 provided for the Planned Unit Development (PUD) of certain areas located within the City, and WHEREAS, the CNR Golden Strip East PUD is considered a proper amend- ment to the 1979 Comprehensive Guide Plan, and WHEREAS, the City Planning Commission did conduct a public hearing on CNR's Planned Unit Development request for approval for office, commercial, and open space uses, and recommended approval of the PUD Concept to the City Council, and WHEREAS, the City Council did consider the request On Jan. 5, 1982. NOW THEREFORE BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The CNR Golden Strip East 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 application material dated October, 1981. 3. That the PhD meet the recomuendations of the Planning Com- mission dated December 14, 1981. ADOPTED, by the City Council of Eden Prairie this day of , 1982. Wolfgang H. Penzel, Mayor ATTEST: John D. Irene, City Clerk SEAL I OS LEGAL DESCRIPTION CNIIKCIAEN -SIR.IP—EA -ST PUD , (PHASE 2 AND 3) All that part of the SW 1/4 and the SE of Section 12 and the NW I/4 and the NE 1)4 of Section 13; Township 116, Range 22, Hennepin County, Minnesota described as follows: Commencing at the north quarter corner of Section 13, Township 116, Range 22; thence south 03° 09' 15" east 923.29 feet to the north right of way line of Highway 494 and the actual point of beginning; Thence north 86° 37' 58" west along said right of way, 116.85 feet; thence south 85° 59' 30" west along said line 100.00 feet; thence south 77° 27' 40" west along said line 101.12 feet; thence south 85° 59' 30" west along said line 20.27 feet, more or less to the southeast corner of Lot 3, Block 1, Golden Strip Plat; thence north 03° 08' 28" west along the easterly line of outlot "C" of said plat 82.12 feet; thence north 40°.36' 20" west along said line 316.87 feet; thence north 13° 09' 19" west along said line 640.00 feet, more or less to the north line of the NW 1/4 of Section 13; thence north 89° 59' 17" west along said north line 126.83 feet more or less to the intersection with the centerline of the South Fork Nine Mile Creek; thence along the centerline of said creek meandering northeasterly to the intersection with the east line of the SW 1/4 of the SW IA of Section 12; thence south 02° 30 east along said east line to the south- east corner of the SW 1/4 of the SE 1/4 of Section 12; thence north 88° 04' 00" east along the north line of the NE 114, Section 13, 385.45 feet; thence south 02° 10' 30" east 862.38 feet more or less to the north right of way of Highway 494; thence south 85° 59' 30" west along said line 1,676.67 feet more or less to the point of beginning. And, lot 3, Block 1 of Golden Strip . Exhibit A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-11 . RESOLUTION APPROVING THE PRELIMINARY PLAT OF CNR GOLDEN STRIP EAST BE IT RESOLVED by the Eden Prairie City Council as follows: That the preliminary plat of CNR Golden Strip East dated Oct., 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 . Wolfgang H. Penzel, Mayor John D. Frane, City Clerk SEAL 9826 9827 9828 9829 9830 9831 9832 9833 9834 9835 9836 9837 9838 9839 9840 9841 9842 9843 9844 96( 98 ,16 9847 9848 9849 9850 9851 9852 9853 9854 9855 9856 9857 9358 9859 9860 9861 9862 ORRIN ALT RONALD ANDERSON V. JAMES BERGSTROM BILL BLAKE BRIAN BLANCH MICHAEL BOSACKER LANCE BRACE LESLIE BRIDGER THOMAS BROWN JAMES CLARK JOHN CONLEY JOYCE CONLEY ANNETTE CUMMINGS JOHN K. HACKING DONNA HYATT ALLEN LARSON PHILIP MATH1OWETZ JAMES MATSON MARY BETH MILLER CURTIS ODERLANDER PAULINE OLSON DENNIS PAULSON RICK RABENORT NANCE RILEY LAURA ROELL JOHN SORENSEN KEITH WALL ACRO-MINNESOTA, INC. AEROBIC DANCING, INC. AEROBIC DYNAMICS STUART ALEXANDER ALLIS-CHALMERS ARNIE AMRHEIM ARMOR SECURITY, INC. ARTSIGN MATERIALS CO. AUTO TRAAC B R W 9863 BRIAN BERGSTROM 9864 BLOOMINGTON LOCKSMITH CO. 9865 BORCHERT-INGERSOLL, INC. 9866 BRAUN ENGINEERING TESTING, INC. January 5, 1982 TAT( 1F MINNESOTA :ITY'vF EDEN PRAIRIE SOUNTY OF HENNEPIN The following accounts were audited and allowed as follows: Uniform Allowance Uniform Allowance Uniform Allowance Uniform allowance Uniform Allowance Uniform Allowance Uniform Allowance Uniform Allowance Uniform Allowance Uniform Allowance Uniform Allowance Uniform Allowance Uniform Allowance Uniform Allowance Uniform Allowance Uniform Allowance Uniform Allowance Uniform Allowance Uniform Allowance Uniform Allowance Uniform Allowance Uniform Allowance Uniform Allowance Uniform Allowance Uniform Allowance Uniform Allowance Uniform Allowance Office Supplies Instructor-Aerobic Dancing Instructor-Aerobic Dance Mileage 24" Valve-Water Plant Fee-Street Maintenance Repair locks-Park Dept. Tape-Park Planning Speed Tests-Public Safety Dept. Service-Eden Road, Mitchell Road & 14.78th St., Valley View Rd., Schooner Blvd, Dell Rd., Anderson Lakes Parkway. 17,659.1. Volleyball Official 48.0 Duplicate Keys 128.1 Equipment Parts-Street Maintenance 10., Service-Valley View II, Franlo Rd., 14.70th St., Sunnybrook Road. 1,035.!, ; 300.0' 300.CK: 300.1r 300.0 300.0Y 300.0L 300.0c- 300.0r.) - 300.r 125.0 300.0r,. 200.(Y - 300.0n 125.0: 200.0[ 300.0 - 196.0. 216.0 - 13.2 3,214.0 , 20.0' 177.2' 16.0 132.0. 68.1.-1 37.c 589.1 12./ 310.f. 186.; 50.(- 91 BROWN PHOTO 9868 KIM DIETER 9869 BUTCH'S BAR SUPPLY 9870 STEPHEN CALHOON 9871 CASH REGISTER SALES, INC. 9872 CHANHASSEN LAWN & SPORTS 9373 C. & NW. 1RANSPORTATION CO. Film Refund-Recreation Dept. Supplies-Liquor Stores Mileage Service-Liquor Store, PV Mall Chain-Forestry Dept. Rental-Engineering Dept. 09 Pane Two January 5, 1982 9874 98 9877 9878 9879 9830 9381 9832 9883 9884 9885 9836 9887 9838 9889 9390 9891 9892 9393 9894 9895 9896 9897 9898 98 0 " 99( 9901 9902 9903 9904 9905 9906 9907 9908 9909 9910 9911 9912 9913 9914 9915 9916 9917 9918 9919 9920 9921 9922 9923 9iP 4 9926 9927 9928 9929 9930 EXIDE BATTERY SALES FARMERS STEEL CO. FEED-RITE CONTROLS, INC. JAN FLYNN GENERAL COMMUNICATIONS, INC. DANA GIBBS GRAHAM PAPER GUNNAR ELECTRIC HACH JACK HACKING HAPPY TYME DISTRIBUTORS KAREN HARRIS HAYDEN-MURPHY EQUIPMENT CO. HENN. CTY. PROPERTY TAX HENN. CTY. SHERIFF'S DEPT. HONEYWELL PROTECTION SERVICES HAL HOUGHTON CAROL HULTING IBM CORPORATION INSTY-PRINTS MRS. ELAINES M. JACQUES JERRY'S FRAME & BODY INC. KARULF HARDWARE, INC. JOSEPH KASID TOM KEEFE KOKESH ATIRETIC KRIS KRYSTOFIAK LANDCO EQUIPMENT, INC. M. E. "MICKY" LANE, INC. ALLEN LARSON RICK LATHRUM LOG IS JAMES J. LORENCE MARK'S EDEN PRAIRIE STANDARD ROBERT N. MARTZ MEDICAL OXYGEN & EQUIPMENT CO. METRO AREA MANAGEMENT ASSN. METRO WASTE CONTROL COMISSION KAREN MICHAEL MID-CENTRAL FIRE INC. VOID OUT CHECK I'll RN. PARK SUPERVISORS ASSN. MINN. VALLEY ELECTRIC COOP EARL R. AND HELEN MORE MRPA TEAM REGISTRATION MRPA TI AM REGISTRATION PRECISION BUSINESS SYSTEMS, INC. CLUTCH & TRANSMISSION SERVICE, INC.Equipment Repair & Parts CLUTCH & U-JOINT BURNSVILLE, INC. Equipment Parts-Street Maintenance COPY EQUIPMENT INC. Amnonia, Tape-Engineering Dept. CURTIN MATHESON SCIENTIFIC, INC. Chemicals, Supplies-Water Dept. CUSTOM DESIGNED AWARDS Plaque WARD F. DAHLBERG Calculator-Liquor Store,PV Mall DOMTAR INDUSTRIES, INC. Salt DORHOLT PRINTING-STATIONERY, INC. Office Supplies DRISKILL'S SUPER VALU Dog Food- Canine Unit EMPIRE-CROWN AUTO, INC. Equipment Repair & Parts-Street Maintenance Batteries-Street Maintenance Steel Strapping-Park Maintenance Sulfate-Water Dept. Mileage Equipment Repairs & Parts Packet Delivery Xerox Paper-City Hall Furnace Repair-City Hall Chemicals-Water Dept. Expenses Mixes-Liquor Store, PV Mall Instructor-Dance Classes Valve, Spring trap-Street Maintenance Equipment Rental-Forestry Dept. October Booking Fee-Police Dept. Service-PV Mall Liquor Store Volleyball & Basketball Official Refund-Recreation Dept. Office Supplies Printing-Senior Citizens Straw Bales-Park Dept. Equipment repair Handle, Clamps, Nails Basketball Official Basketball Official Supplies-Recreation Dept. Instructor-Adaptive Program Supplies-Forestry Dept. Public Official Bond Mileage Basketball Official November 1981 Service Land Headlamp-Police Dept. Expenses Oxygen-Fire Dept. 1982 Dues January 1982 Sewer Service Mileage Water nozzle-Park Dept. 1982 Dues Service Land-Park Dept. Fee-Recreation Dept. Fee-Recreation Dept. Equipment -Repairs-Engineering Dept. fi 61.2 521:/7 38.74 52.4Y 2,030.C ,.• 724.C: 158.5' 54.0' 30.3 , 2,982.0 - 53.2. : 220.(;; 273.0 616.1: 855.0: 117.5, 56.4: • 614.• 631S7 11,992:1 • 84.. 4.C.1 281.6 .. 92.0' 34.F, 122.5 12.7' 44.1'. 69.E. 28.C , 99.0 - 203.1 12.2' 55.1 2,241.2 10,975.6 17.7 163.2' 63.2- 50,574.!, . 16.1' 60.0• 80.9: , 44,306.C* ; 13.0!. 55.C: 50.0:: 25.0:-.• • , 140.4 1, 319 Cm 2,275.8 . .; 52.0. 346.7i 236.8i 8,162.87 165,0. . 60.0: 284.7: 84.3 31.7 4,299.7.. 22.0, 63.! 150.V 156.0, 80.0' Page Three January 5, 1982 9931 NORTHERN STATES POWER 993? NORTHERN STATES POWER 9931 NORTHWESTERN BELL TELEPHONE 9934 CHRIS PALM 9935 PITNEY BOWES 9936 POWERS DEPARTMENT STORE 9937 PRAIRIE ELECTRIC CO. 9938 PRAIRIE LAWN & GARDEN 9939 PETTY CASH/PUBLIC SAFETY 9940 DAVID RAQUET 9941 READY MIXED CONCRETE CO. 9942 REGISTER MEDIA INC. 9943 ROBERTS LITHO, INC. 9944 SATELLITE INDUSTRIES, INC. 9945 JAMES SCHMIDT 9946 KATHY SCHUMACHER 9947 SEARS, ROEBUCK & CO. 9948 SEELYE PLASTICS, INC. Pipe-Water Dept. 9949 VIRGIL A. & LAURA MAE SEIFERT Land 9950 SOUTHWEST SUBURBAN PUBLISHING INC. Ads-Liquor Stores 9951 ELAINE STROM Refund-Recreation Dept. 9952 SPORTS WORLD Broomballs-Recreation Dept. 9953 SULLIVANS SERVICES INC. Service-Research Road 9954 MIKE TEITLEBAUM Instructor-Karate 995 ORRIN THOMPSON HOMES Refund-Special Assessments 99( VENC'S MACHINE & REPAIR Repair Water Nozzle-Park Dept. 9957 THE VICTORIA GAZETTE Ad-Liquor Stores 9958 JACK WASLEY Book-Park Planning 9959 WEST WELD SUPPLY CO. Welding Supplies-Street Maintenance 9960 WILLIAMS STEEL & HARDWARE Hocky Goals-Park Dept. 9961 JASON WILLMORE Refund-Recreation Dept. 9962 XEROX CORPORATION Service 9963 ZIEGLER INC. Equipment Repairs & Parts 9964 M. BOGDEN Basketball' Official 9965 MARY LOU CARNEY Refund-Recreation Dept. 9966 CHARLTON-MC CLAY, INC. Bags-Liquor Stores 9967 FLOYD SECURITY Service-Liquor Store, PV Mall 9968 INTER DESIGN INC. Service 9969 METRO CONE COMMUNICATIONS Service 9970 MINN. RECREATION & PARK ASSN. Tickets-Hans Christian Anderson Play 9971 MINN. RECREATION & PARK ASSN. 1982 Dues-Recreation Dept. 9972 NORTHERN STATES POWER Service 9973 NORTHWESTERN BELL TELEPHONE Service 9974 CHARLES PAPPAS Mileage 9975 MINNEGASCO Service 9976 JAMES A SCHMIDT Basketball Official 9977 KATHY SCHUMACHER Tests-Police Dept. 9978 TOWNS EDGE FORD, INC. Equipment Repairs & Parts 9979 SANDRA F. WERTS Mileage 998n CHRISTOPHER M. ENGER Expenses 9. ROBERT LAMBERT Expenses 9982 MINN. POLLUTION CONTROL AGENCY Seminar-Street Maintenance Service 12,921.01 Service 1.81 Service 451.74 Instructor-Dance Class 2,678.4r Postage Meter Rental 92.56 Refund-Beer License 50.0n Service-Senior Citizens & Forest Hills Warming House 1,313,5r Plugs-Forestry Dept 8.7!, Expenses 3.3: Scraper-Street Maintenance 13.81 Gravel-Water Dept. , Ad-Liquor Stores 59.0C Print Winter Outing Brochures 785.N Portable Restroom 152.C1 Basketball Official Tests-Police Dept. 150.0 Window Shades 370.Y.. • tm13 101C, age Four Wulf , 5, 1982 )983 M ENTERPRISES 9984 MAGUEY CONSTRUCTION 9985 MIDLAND PRODUCTS COMPANY 9986 MINNESOTA pcilcupoucc OFFICERS 9987 SUPPLEE'S 7111 ENTERPRISES, INC. 9988 CARRIE TIETZ Music system-Community Center Service-Community Center Equipment repair 1982 Dues-Police Dept. January 1982 rent-Preserve Service 3,400.00 35,660.60 140.40 200.00 2,858.15 33.25 TOTAL $288,894.10 December 31, 1981 STATE OF MINNESOTA CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 12-15-81 9638 VOID OUT CHECK 9642 VOID OUT CHECK 9690 VOID OUT CHECK 9737 VOID OUT CHECK 12-11-81 9738 GRAY MANUFACTURING CO. 12-15-81 9739 TIM PIERCE & ASSOC. INC. 9740 EAST SIDE BEVERAGE CO. 9741 MARY REMOLI 9742 PETTY CASH-PUBLIC SAFETY 12-14-81 9743 POSTMASTER 9744 OLD PEORIA CO., INC. 9745 GRIGGS, COOPER & CO., INC. 9746 JOHNSON BROS. WHLS. LIQUOR CO. 9747 HAPPY TYME 01ST. 9748 TWIN CITY WINE CO. 9749 PAUSTIS & SONS 9750 MINN. DISTILLERS, INC. 9751 INTERCONTINENTAL PKG. CO . 9752 CAPITOL CITY 01ST. CO. 9753 MIDWEST WINE CO. 9754 ED. PHILLIPS & SONS CO. 9755 KATHY SCHUMACHER 12-15-81 9756 METRO WASTE CONTROL COMM. 9757 SUBURBAN CHEVROLET CO. 9758 WESTERN LIFE INSURANCE 9759 PHYSICIANS HEALTH PLAN 9760 HMO SERVICES 9761 GROUP HEALTH PLAN 9762 HMO SERVICES 9763 BLUE CROSS INSURANCE 9764 GROSSMAN CHEVROLET 9765 COOPERATIVE POWER ASSOC. 9766 FEDERAL RESERVE BANK 9767 COMM. OF REVENUE 9768 UNITED WAY OF MPLS. 9769 INTERNATL. UNION OF OPERATING ENGINEERS 9770 PUB. EMPLOYEES RETIRE. ASSN. 12-17-81 9771 JASPERS, MORIARTY & WALBURG, P.A. TRUST ACCT. 12-15-81 9772 GREAT WEST LIFE ASSURRANCE CO. 9773 AETNA LIFE INS. & ANNUITY CO. 9774 MINN. STATE RETIREMENT SYSTEM 12-18-81 9775 PETTY CASH 9776 NATL. CITY BANK OF MPLS. 9777 ROBETT COMPTON 9778 JAMES RYLANDER 12-22-81 9779 COMM. OF REVENUE 12-18-81 9780 COMM. OF REVENUE 9781 STATE OF MINNESOTA 9782 JAMES & SHARON HOEFT (75.00) (619.74) (9,053.70) Wheel-Dolly-Street Maintenance 521.55 Service 300.00 Beer 8,953.70 Service-Winter Brochure 109.00 Expenses 6.09 Third Class Bulk Mailing Fee 40.00 Liquor 2,604.22 Liquor 5,409.93 Liquor 3,276.47 Mixes 56.40 Wine 691.47 Wine 47.56 Liquor 1,225.59 Wine 619.45 Wine 69.00 Wine 1,956.85 Liquor 3,783.48 Tests-Police Dept. 75.00 November 1981 SAC Charges 17,671.50 Equipment Repair & Parts 619.74 Insurance 568.35 Insurance 7,554.73 Insurance 1,566.73 Insurance 1,417.60 Insurance 624.10 Insurance 588.65 Squad Car-Police Dept. 7,600.00 Land-Public Safety 500.00 Payroll 14,487.22 Payroll 5,570.43 Payroll 46.96 Dues 378.00 Payroll 10,930.21 Land-Miller Property 139,600.00 Payroll 1,605.00 Payroll 90.00 Payroll 40.00 Expenses 72.63 . Bond Payment 152,616.89 ! Fee-Recreation Dept. 1.00 Fee-Recreation Dept. 1.00 November 1981 Sales Tax 7,982.06 November 1981 Special Fuel Tax 189.41 Registration-Squad Car 5.75 Relocation Costs-Park Dept. 17,859.40 ing Page Two December 31, 1981 3,165.30 4,336.56 3,387.63 1,237.97 1,190.02 2,204.38 2,749.30 3,521.07 189.11 345.40 8.00 35.00 239.51 58.50 30.89 486.57 15,211.36 5,750 -.67 40.00 MOO 1,580.00: 46.96 100.00 11,295.32 1,003.00 94.10 1,036.92 1,209.57 499.59 2,021.53 8,858.38 8,267.52 35.75 78.50 148.85 15.50 12-21-81 9783 OLD PEORIA CO., INC. Liquor 9784 GRIGGS, COOPER & CO., INcr - Wine 9785 ED. PHILLIPS & SONS CO. Liquor 9786 MINNESOTA DISTILLER, INC. Liquor 9787 MIDWEST WINE CO. - Wine 9788 TWIN CITY WINE CO. Wine 9789 INTERCONTINENTAL PKG. CO . Wine 9790 JOHNSON BROS. WHSE.LIQUOR CO. Liquor 9791 PAUSTIS & SONS Wine 9792 CAPITOL CITY DSTRB. CO ., INC. Liquor 9793 DOCUMENT SECTION,DEPT. OF ADMIN.Book-Water Dept. 12-18-81 9794 MINN. CHAPTER ASLA Conference-Park Planning 12-22-81 9795 BOUSTEAD ELECT. & MFR. CO . Motor--Public Works 9796 COMM. OF REVENUE, PETRO DIV. September 1981 Special Fuel Tax 12-28-81 9797 HOPKINS POSTMASTER Postage 12,24-81 9798 OLSEN CHAIN & CABLE Tire Chains, Cable 9799 FEDERAL RESERVE BANK Payroll 9800 COMM. OF REVENUE . Payroll 12-28-81 9801 MINN. ST . RETIRE. ASSN. Payroll 9802 AETNA LIFE INSURANCE ANNUNITY Payroll 9803 GREAT WEST LIFE ASSURANCE CO. Payroll 9804 UNITED WAY OF MPLS. Payroll 9805 SUBURBAN NATIONAL BANK Payroll 9806 PUBLIC EMPLOYEES RETIRE. ASSN. Payroll 9807 U. S. POSTMASTER Postage-Assessing 12-29-81 9808 TWIN CITY WINE CO. Wine 9809 OLD PEORIA COMPANY, INC. Liquor 9810 MIDWEST WINE CO. Wine 9811 INTERCONTINENTAL PACKAGING CO. Liquor 9812 JOHNSON BROTHERS WHOLESALE Liquor 9813 ED. PHILLIPS & SONS Liquor 9814 GRIGGS, COOPER & CO., INC. Liquor 9815 CAPITOL CITY DISTRIBUTING Wine 12-30-81 9816 LANCE ENTERPRISES, INC. Freight-Community Center 9817 HOPKINS POSTMASTER Postage-Utility Bills District #2 9818 BECKI WARNER Mileage 9819 VOID OUT CHECK 9820 VOID OUT CHECK 9821 VOID OUT CHECK 9822 VOID OUT CHECK 9823 VOID OUT CHECK 9824 VOID OUT CHECK 9825 VOID OUT CHECK Total John D. Frane CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-01 A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE COUNCIL MEMBERS IN 1982 AND APPOINTING AN ACTING MAYOR. BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota, that they meet on the first and third Tuesdays of each month at 7:30 p.m. to be adjourned by 11:30 p.m., unless waived by unanimous vote of members present,in the Eden Prairie City Hall, 8950 Eden Prairie Road, Eden Prairie, Minnesota. BE IT RESOLVED, that is hereby appointed to be the acting Mayor in the absence of the Mayor. ADOPTED by the City Council of the City of Eden Prairie this 5th day of January, 1982. Wafgang H. Penzel, Mayor ATTEST : SEAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-02 A RESOLUTION DESIGNATING THE OFFICIAL CITY NEWSPAPER BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota, that the be designated as the official City newspaper for the year 1982. ADOPTED by the City Council of the City of Eden Prairie this 5th day of January 1982. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk ,7:1 1/1e vegDttte7 me in, inc. December 3, 1981 To: Members of the City Council of Eden Prairie I would like to propose that the Eden Prairie City Council designate the Prairie Refister as the legal newspaper for the City of Eden prairie beginning in January of 1982. I believe there are numerous reasons why this would be a positive move. First and foremost is that the Prairie Register maintains an in-house computerized mailing list of residential addresses for Eden Prairie, thus allowing our paper to maintain an all but total saturation level of homes. We would thereby give more Eden Prairie residents an opportunity to see and read the legal notices. No other Eden Prairie-based newspaper goes to every home. Not only can the Prairie Register offer more than double the existing coverage for legal notices, it can do so for less cost per line in 1982 than was paid in 1981. (See attached worksheets for figures). Considering our circulation of more than 6,000 residential addresses and a rate reduction of several cents a line below the allowable maximum, we conclude that the City of Eden Prairie can save tax dollars while improving its communications with its citizens. I have lived in Eden Prairie since 1969 and am very concerned with this community as a whole. The fact that my business is based here and operates what is traditionally considered the most community-oriented type of business there is, a newspaper, should bear out that fact. If, as we hope, you've been watching the Prairie Register since its first issue only a year ago, you will have noticed how it has changed as we continually try to improve its service to the residents of this city. That progress will continue. I believe, based on the facts, that the Prairie Rerister would be the best choice for Eden Prairie as its legal newspaper. Yourirrul, Northan A. Franks Publisher 7414 Mitchell Road • Eden Prairie, Minnesota 55344 • (612) 937-1611 Prairie Register • Register graphics 1 42 Page 1 Prairie Register Legal Notice Rates The Prairie Register proposes to print the legal notices for the City of Eden Prairie at the following rates: .30 per standard line .40 per special line .20 per subsequent insertion, any line The maximum rates' allowed by law are: .3256 per standard line .434 per special line .217 per subsequent insertion, any line Please note that the rates we propose to charge represent savings to the city of more than 7.8 percent over the legal maximum, which we believe is what the city is presently paying. *See Page 2 for maximum rate calculations. Page 2 Prairie Register Legal Notice Maximum Rates These rates are calculated by adjusting the standard fees "to produce the same net average compensation for the matter published" as specified by law. Prairie Register legal notices will be set in six-point type with 6 points line spacing, or 12 lines to the inch, also as specified. Fee adjustments: • Our line length is 11% picas, as opposed to 11 picas in the standard line. Therefore our line will hold more copy, and the line fee should be increased by a factor figured as follows: 111/4 (our line) + 11 (standard line) = 1.045 • Our type face (California) has a six-point lower-case alphabet length of 78 points, as opposed to 90 points for the lower-case alphabet length of the standard type face (Timm Roman). Our type face is thus more compact, allowing more copy on a line than the standard type face. The line fee should, then, be increased by a factor figured as follows: 90 (standard face) + 78 (our face) 1.154 • The two factors combined are: 1.154 (type face factor) x 1.045 (line length factor) 1.206 (combined factor) • The standard fees are: 27e per standard line (first insertion) 36c per special line (first insertion) lEle for subsequent insertions of any line • The adjusted fees are: .27 x 1.206 (adjustment factor) .3256 nutximurn per standard line .36 x 1.206 (adjustment factor) .434 maximum per special line .18 x 1.206 (adjustment factor) .217 maximum per subsequent insertion, any line n Page 3 (Offkb1 Publicetion CITY Or MO/ PRAIRIE ZONING BOARD Or APPEALS AND AD. MEWED! NOTICE Or PUBLIC HEARING '. REGARDING VARIANCE REQUEST 11.33 TO WHOM IT MAY CONCERN: NOTICE LS HEREBY GIVEN that the Zoning Board o/ Appeals and Adjustments MU meat at the iollowing Uwe and Eact: 7:63 P.M. Thamday, Nov. 19, 1911 At the Eden Prairie Clay Hall MO Eden Prairie Rood, 56314 Is review and consider the variance request 1143, submitted by Marty Jensen for property located M' 10101 Hilltop Rd, TIe request is tar s variance Han Ord. 135 requesting (or a front yard setback for 6' encroachment from misting front setback, Written or oral mounenta relating to Um variance request will be heard at this meeting. Said vs.riance op. phallism is on Ida for public review at the Building Dept. at Edon Prairie City Hall. City el Eden Prairie • RUILDING DEPT. (Pobilabed in UN Eden Prairie News November 6, 1911) 1. A notice as typeset and published by the Eden Prairie News. (011nial PohliratIon 2019). CITV OF EDEN PRAIRIE ZONING BOARD Ot' APPEALS AND AD. WSTMENTS NOTICE F Pt 411.IC DEARING REGARDINC VARIANCE REQUEST 111.113 TO WOOS' Ur MAT CONCERN: NOTICE IS IIEHERV LIVEN that the Zoning Roar) Appeall end Adjustments nail meet at the following time and plate, 7:30 I'M Thursday, Nov. 19. 1901 Al the Eden Piairie City 1611 5930 1'),,, Prairie Road, 55340 IO rmkn- and corned./ in' request 1I.63, submitted by Made Jessen ft, ',KOMI Al 16101 11 n 111 op Ad. Thr ia bit. a Noumea. front Ord. 135 ovaimitnit for 110111 %ant nelliml tot 0' enema, linum 110111 misting 1 beiliack. Mitten ow oral claim% ot. 'dating to dm ,.,,.n,n mut. r will tad.. ant at tho meeting Said variance apid Ron I. on 1.1' for math.: re, iewiti the Mudding INT, Al Eden i'111111! C,i1 11.11 City of Eden Prairie DOMING DEPT. thrldidnI1 In the Eden Prairie Nom Nmembet 5. I 1 1 2. The same notice as typeset by the Prairie Register. sht.defstlitiklumnixeNnon bye 3. The six-point lower-case alphabet of the Prairie Register type face. It is WA picas, or 78 points, long. 115 GEOROE C. HOFF TFD A. ALLEN REBECCA A. JOIKE STEVAN S. YASOUR 'LAW OFFICES COLLINS, HOFF & ALLEN PROFESSIONAL ASSOCIATION 250 SUBURBAN NATIONAL BANK BUILDING B100 SCHOONER BOULEVARD EDEN PRAIRIE, MINNESOTA 55344 LLLLLL ONE 941 -9220 ARCA CODE 612 OF COuNBEL ROBERT F. COLLINS GEORGE A. KURTZ December 10, 1981 City Of Eden Prairie City Hall Eden Prairie, Minnesota 55344 Attention: Mr. Carl Jullie Re: The Prairie Register Dear Mr. Jullie: At the request of Norman A. Franks, Publisher of the Prairie Register, we have examined various issues of the Prairie Register and have examined such other documents and made such inquiries and investigations as we deem necessary and relevant as a bases for this opinion. Based on the foregoing, it is our opinion that the Prairie Register satisfies the requirements of Minnesota Statutes 331.02, Subdivision 1, in order to be qualified as a medium of official and legal publication. Very truly yours, COLLINS, HOFF & ALLEN, P. A. Ted A. 14 TAA:skw 844 Eden Prairie News 15716 West 78th Street Eden Prairie, MN 55344 LL--_ 937-8690 December 29, 1981 DEC 3; 1981 Mayor Wolfgang Penzel City of Eden Ppairie 8950 Eden Prairie Rd. Eden Prairie, MN 55344 Your honor: The Eden Prairie News hereby requests designation as the official newspaper for the City of Eden Prairie during 1982. Our line rate, as computed by the office of the state printer, is as follows: 31.8 cents per line for first insertion 21.2 cents per line for each subsequent insertion 10.6 cents per line additional for extra composition, first insertion only These rates represent no increase in cost over last year. Thank you for your attention to this matter. We hope we may continue to be of service to the city. Sincerely, Stan Rolfsrud Publisher CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-03 A RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS BE IT RESOLVED, that the persons holding office as Mayor, Manager and Treasurer of the City of Eden Prairie, be and they hereby are, authorized to act for this City in the transaction of any banking business with the official depositories (hereinafter referred to as the banks), such authority including authority on behalf of or in the name of the City from time to time and until written notice to the bank to the contrary, to sign checks against said account, which checks will be signed by the Mayor, Manager and City Treasurer. The bank is hereby authorized and directed to honor and pay any check against such account which is signed as above described, whether or not said check is payable to the order of, or deposited to the credit of, any officer or officers of the City including the signer or signers of the check. BE IT ALSO RESOLVED, that the Acting Mayor be authorized to sign checks as an alternate for the Mayor, the Deputy Treasurer be authorized to sign checks as an alternate for the Treasurer. ADOPTED by the City Council of the City of Eden Prairie this 5th day of January, 1982. ATTEST: Wolfgang H. Penzel, Mayor SEAL John D. Frane, Clerk Vi CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-04 A RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS BE IT RESOLVED that the use of facsimile signatures by the following named persons: Wolfgang H. Penzel, Mayor and John D. Frane, Treasurer or Carl J. Jullie, City Manager on checks, drafts, warrant-checks, warrants, vouchers or other orders on public funds deposited hereby is approved, and that each of said named persons may authorize the depository bank to honor any such instrument bearing his facsimile signature in such form as he may designate and to charge the same to the account in said depository bank upon which drawn, as fully as though it bore his manually written signature, and that instruments so honored shall be wholly operative and binding in favor of said depository bank although such facsimile signature shall be affixed without his authority. ADOPTED by the City Council on the 5th day of January, 1982. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-05 A RESOLUTION DESIGNATING DEPOSITORIES BE IT RESOLVED, that the Suburban National Bank and the First State Bank, both of Eden Prairie, Minnesota, authorized to do banking business in Minnesota, be and hereby are designated as Official Depositories for the Public Funds of the City of Eden Prairie, County of Hennepin, Minnesota, for a period of one year from this date. The City Treasurer shall maintain adequate collateral for funds in the depositories. ADOPTED by the City Council of the City of Eden Prairie this 5th day of January, 1982. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Franc, Clerk Sincerely, //. Jodeph Clemons President 0 JC/ve %MN 5 1982 First State Bank of Eden Prairie 7901 Flying Cloud Drive. Eden Prairie, A1 Inne.vota 55344 • Phone 6121944-6262 January 5, 1982 Mr. Wolfgang H. Fenzel, Mayor City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Mayor Penzel: On behalf of the directors, officers and staff of the First State Bark of Eden Prairie, we wish to thank the City of Eden Prairie for favoring us with its account rela- tionship during the course of the past two years. We most sincerely hope our service has been satis- factory and that we may continue to serve the City of Eden Prairie in this and other capacities in the future. Please accept this letter as our Bank's formal request to act as the main depository for the City of Eden Prairie for the year 1982. Kind personal regards. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-06 A RESOLUTION AUTHORIZING THE TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS BE IT RESOLVED, by the City Council of the City of Eden Prairie, County of Hennepin, that the City Treasurer is authorized to invest City of Eden Prairie funds with any bank, or .other Financial Institution authorized to do business in the State of Minnesota in Certificates of Deposit, U.S. Government Notes and Bills, obligations of the State of Minnesota or any of its subdivisions, Federal Government Agency Bonds and Notes, Savings Accounts and Repurchase Agreements and any other security authorized by law. The City Treasurer shall maintain adequate collateral for funds deposited. ADOPTED by the City Council on this 5th day of January, 1982. 14olfgang H. Penzel, Mayor ATTEST SEAL John D. Frane, Clik 1.20 MEMORANDUM TO: Mayor and City Council 111RU: Carl Jullic, City Manager FROM: Bob Lambert, Director of Community Service-04-- DATE: December 29, 1982 SUBJECT: Snowmobile Operation on Lakes and Parks On January 26, 1971 the Eden Prairie City Council approved Ordin a n c e No. 148 Regulating the Operation of Snowmobiles Within the Villa g e o f Eden Prairie. Within this ordinance in Section 3 under "Operati o n Generally" this ordinance states: "Except as otherwise specifica l l y permitted and authorized it is unlawful for any person to operat e a snowmobile within the limits of the Village of Eden Prairie. Su d d i v i s i o n 1 - on a public sidewalk or walkway provided for use or used fo r pedestrian travel. Subdivision 2 - on private property of anoth e r w i t h o u t lawful authority or consent of the owner or occupant. Subdivisi o n 3 - on any pubically owned lands and frozen waters including but not l i m i t e d t o school grounds, park property, playgrounds, recreation areas, g o l f c o u r s e s and lakes, except areas previously listed or authorized for use b y t h e proper public authorities, in which case such use should be law f u l a n d snowmobiles may be driven in and out of such areas by the short e s t r o u t e . Authorized areas in the Village of Eden Prairie owned or regula t e d b y t h e Village including frozen waters shall be designated by Council r e s o l u t i o n " . On January 26, 1971 the Eden Prairie City Council passed Resolu t i o n N o . 401 Designating Specific Public Lands and Frozen Waters Owned a n d / o r Regulated by the Village as Designated Snowmobile Areas in Acco r d a n c e with Ordinace No. 148. The public lands designated as snowmobi l e a r e a s by that resolution are: - Round Lake Park north of the westerly extension of Valley View Road - Birch Island Park Under frozen waters designated as snowmobile areas were all th e l a k e s within the City with the exception of Anderson Lakes. On December 21, 1981, staff recommended to the Parks, Recreati o n a n d Natural Resources Commission that the City revise Resolution No. 4 0 1 and eliminate snowmobiling in all of Round Lake Park and in Birc h Island Park and also to eliminate snowmobiling on Round Lake, as w e l l Anderson Lakes. llis would still allow snowmobiles to travel on approved snowmobile trails within certain parks, but would not allow snow m o b i l i n g over these entire areas as defined in Resolution No. 401. 111 \ Staff recommended to the Commission to eliminate snowmobiling on Round Lake immediately because the City will be operating an aerator on that lake this winter and in the future will be clearing the perimeter portion of the lake for ice skating: Staff also feels that if snow- mobiles are allowed on Round Lake we only encourage snowmobiles throughout the entire park. Staff recommended eliminating snowmobiling in Birch Island Park because it is only a 17 acre park and it is not adjacent to any snowmobile trail. Staff feels that a 17 acre park is too small for a designated snowmobile area. However, at that meeting a Commission member, who lives adjacent to the park, indicated that many of the Eden Prairie residents living adjacent ot Birch Island Lake use the lake and the park for snowmobiling and doesn't feel that it is problem at this time. The Parks, Recreation and Natural Resources Commission recommended that the City Council revise Resolution NO. 401 eliminating snowmobiling throughout Round Lake Park and eliminating snowmobiling on Round Lake, as well as Anderson Lakes, but did not feel that it was necessary to eliminate snowmobiling in Birch Island Park at this time. City staff concurs with this recommendation and recommends approval of Resolution No. 82-16, which is attached. Roger Pauly has also recommended revising Ordinance No. 148 to eliminate ambiguous language. The proposed amended ordinance is also attached'. Staff recommends the Council approve the first reading of Ordinance No. 82-02. RL:md John D. Franc, City Clerk SEAL 1211 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-16 RESOLUTION DESIGNATING SNOWMOBILE AREAS WIMIN THE CITY OF EDEN PRAIRIE BE IT RESOLVED, by the City Council of the City of Eden Prairie, County of Hennepin, Minnesota, that Resolution No. 401 is repealed. BE IT FURTHER RESOLVED, by the City of Eden Prairie, County of Hennepin, Minnesota, that the following public lands and frozen waters owned and/or regulated by the City be designated as authorized snow- mobile areas in accordance with Ordinance No. 148, Section 3, Subdivision 3. Public Lands 1. Birch Island Park Frozen Waters (limited to only the frozen lake surface if the snowmobiler can gain legal access either through public land or permission from a private land owner.) 1. Staring Lake 2. Birch Island Lake 3. Bryant Lake 4. Mitchell Lake S. Riley Lake 6. Red Rock Lake 7. Duck Lake 8. Rice Lake 9. Grass Lake ADOPTED by the City Council on , 1982. Wolfgang H. Penzel, Mayor ATTEST: CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 82-02 AN ORDINANCE RELATING TO THE OPERATION OF SNOWMOBILE S A N D A M E N D I N G O R D I N A N C E NO. 148. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORD A I N A S F O L L O W S : Section 1. Ordinance 148, Section 3, Subdivision 3 is amended b y deleting therefrom the first sentence and substititin g t h e r e f o r e t h e following: On any publically owned lands and frozen waters, inc l u d i n g b u t n o t limited to school grounds, park property, playgrounds, r e c r e a t i o n areas, golf courses and lakes except areas authorized f o r s u c h use by the proper public authority, in which case such u s e s h o u l d be lawful and snowmobiles may be driven in and out of s u c h a r e a s by the shortest route. Section 2. This ordinance shall become effective from and afte r its passage and publication. FIRST READ at a regular meeting of the City Council o f t h e C i t y o f Eden Prairie on the day of , 1982, and finally read and adopted and ordered published at a regular meeting o f t h e C i t y C o u n c i l of said City on the day of , 1982. Wolfgang. H. Penzel, Mayor ATTEST: John D. Franc, City Clerk SEAL Published in Eden Prairie News the day of , 1982. MEMORANDUM TO: Mayor and City Council THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services ?A L " DATE: December 29, 1982 SUBJECT: Community Center Stavis Request to Approve Handic a p p e d F e e s COMMUNITY CENTER STATUS Attached to this memo is a memo from Pete Curley dated December 2 1 , 1 9 8 1 summarizing a coordination meeting held on that date. Throug h o u t t h e construction of the Community Center, City staff have been co n s i s t e n t in indicating to the general contractor that the City would n o t a c c e p t the Community Center on a partial occupancy basis. Approxim a t e l y s i x weeks ago City staff met with all of the contractors involved w i t h t h e Community Center and at that time they all indicated that there w o u l d b e no problem completing the entire facility by January 15th. Bas e d o n t h a t information City staff felt it was fairly safe to begin selling i c e t i m e on February 1st. City staff have inspected the progress on the C o m m u n i t y Center on a daily basis and were concerned about the progress , e s p e c i a l l y in the area of the swimming pool, and requested a meeting on D e c e m b e r 2 1 of all subcontractors. At that meeting, all contractors with th e e x c e p t i o n of the ceramic tile contractor for the swimming pool indicated t h a t t h e substantial completion would now be Janauary 23, with the exce p t i o n o f the swimming pool itself. The ceramic tile contractor felt t h a t t h e t i l i n g operation could not be completed prior to the first week in Fe b r u a r y . D u e to the amount of ice time commitments as of February 1, staff is r e c o m m e n d i n g accepting a substantial completion date of Janaury 23 except for t h e s w i m m i n g pool, which should be completed during the first week of Feb r u a r y . S t a f f has requested access to the facility as of January 15 to begin i c e m a k i n g and general cleanup, waxing of floors, installing building equ i p m e n t , o f f i c e equipment, etc. The general contractor has agreed to allow th e C i t y t o occupy the building as of January 15, and to a substantial com p l e t i o n d a t e of Janaury 23rd. lIe has also agreed to pay for the utility co s t s o f t h e natatorium until completion of that area. At this time, City staff requests the Council to approve acce p t i n g t h e substantial completion date of January 23 and owner occupancy e x c e p t f o r t h e natatorium on that date. During the week of Janaury 23 thro u g h t h e 2 9 , s t a f f will be bringing in full-time and part-time people to get the b u i l d i n g i n shape for the opening on February 1 and for training sessions . SENIOR CITIZEN AND HANDICAPPED FEE DISCOUNT Attached to the memo is a November 10, 1981 memo from the Hum a n R i g h t s a n d Services Commission regarding a recommendation on the Communi t y C e n t e r f e e discount for senior citizens and handicapped. The Community S e r v i c e s s t a f f recommends approval of the Commission reconmiendation regardi n g a 5 0 1 . d i s c o u n t on memberships to the Community Center for senior citizens. C o m m u n i t y S e r v i c e s I,2,2 • staff also recommends that handicapped participants receive a 501 discount when applying for an individual membership, and group homes receive a 50% discount on family memberships. BL:md I,2a age DATE: December 21, 1981 COMM. NO.: 8002 PROJECT Eden Prairie Community Center SUBJECT: Coordination Meeting 1021 LaSaDe Avenue PRESENT: Bob Lambert, Chuck Pappas, Chuck Magnpv Minneapolis lAnnesota 55403 Dave Brellenthin, Lee Hollingsworth, (612) 332 1401 Bud Weaver, Bob T. Weaver, Carl Sorenson, memorandum Gene Casci, Bob Schuman, Joe Dolejs, P te Curley etc Curley ob Lambert, Chuck Magney, Bob T. Weaver, Carl Sorenson, Gene Casci, Chris Banta, Bob Schuman, Joe Dolejs, Was Matsumoto A meeting was held at site at 9:00 a.m. December 21, 1981, to review scheduling for Final Completion with the following items discussed. 1. Bob Lambert indicated he has commitments for ice arena begin- ning February 1, 1982 and would still prefer occupancy by the previous* agreed date of January 15, 1982, to allow for furnishing, stocking, training personnel, etc. He would also like use of all other areas by February 1, 1982 as well. 2. Holmsten was not represented and the major item to be done in Ice Arena are the Dasher Boards. Chuck Pappas indicated he had heard board installation would begin December 28, 1981, and would take approximately 1-1/2 to 2 weeks for completion. This would not appear to present a problem, but Dave will check this out with Holmsten so there is not delay in comple- tion as scheduled. 3. Painting is nearly complete in Ice Arena except for final coat of blue on one wall, some minor touch ups and the graphics. Gene sees no problem with completing all painting by January 15, 1982, except graphics completion may take an additional week. All graphics and painting in ice arena will be com- pleted prior to January 15, 1982. 4. Bob Weaver indicates that he will need at least a week to complete installation of devices and check out systems after painter has completed. Painter and electrician will coor- dinate any areas that need earlier final painting so as not to delay systems check-out. 5. Dave noted that the exterior sign is 3 letters short and installation may be slightly delayed. Installation 'of lockers, toilet partitions, accessories, etc. is in process or will begin this week and General Contractor sees no problem with completion of misc, general items per schedule. GLOT1ER ASSOCIATES Architects Engineers Planners MEMO BY: MEMO TO: 124 MEMO Page 2 December 21, 1981 6. Some plumbing fixtures not installed but all mechanical equipment is nearly operational and no problems are forseen to meet completion date. 7. Training sessions will be scheduled with Chuck Pappas for all equipment operation as soon as practical. 8. Ceramic tile contractor indicates it would normally take 8 weeks for a pool of this size, so he says there is no way it can be completed before the 1st week of February. Allowing time for filling and balancing it appears that the Pool would not be operational before February 15, 1982. He will provide additional personnel to 'expedite the com- pletion of grouting but can use only a certain size crew for tile installation in order to control the quality of the workmanship. 9. It was agreed that a Substantial Completion date of January 23, 1982, be established for Owner's occupancy except for the Natatorium. The ice arena should be available by January 15, 1982, to begin ice making process. 10. Cooperation between all trades is necessary and must continue to be expedited for occupancy by the Owner as scheduled. 11. A Site Coordination meeting will be held at site at 9:00 a.m. on Thursday January 7, 1982, to review progress and status of completion. All parties present at this meeting should plan to attend. I 2S MEMORANDUM TO:. Chuck Pappas and Bob Lambert FROM: Human Rights and Services Commission DATE: November 10, 1981 SUBJECT: Commission's Recommendation on Community Center Fee Disc o u n t for Senior Citizens and Handicapped On Monday, November 9, 1981 the Human Rights and Servic e s C o m m i s s i o n m a d e the following recommendations on the new Community Cente r f e e d i s c o u n t . for senior citizens and handicapped participants. The Commission recommends that senior citizens in Eden P r a i r i e r e c e i v e a 50% discount on memberships to the Community Center. The Commission further recommends that handicapped part i c i p a n t s r e c e i v e a 50% discount when applying for an individual membership a n d g r o u p h o m e s receive a 50% discount on family memberships. All applic a n t s r e q u e s t i n g individual handicapped discounts will be asked to show som e t y p e o f d o c u - mentation to receive the 50% discount.