Loading...
HomeMy WebLinkAboutCity Council - 08/03/1982 /) CITY COUNCIL AGENDA 'IESOAY, AUGUST 3, 1982 7:30 PM, CITY HALL COUNCIL MEMBERS: v Mayor Wolfgang Penzel, George Bentley, lean Elstrom, Paul Relpath ani George Tangen COUNCIL STAFF.�AJ , City Manager Carl J. Jullie; City Attorney Roger Pauly; Finance Director John Frane; Planning Director Chris Enger; Director of Community Services WI Lambert; Director of Public Works Eugene A. lietz, ani Recording Secretary Karen Michael INVOCATION: Mayer Wolfgang Penzel I. ACKNO'WLEP.CMENT OF PARTICIPATION IM "NO FAULT GRIEVANCE PROGRAM" Page 1487 II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS III. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JULY 20, 1982 Page 1488 IV. CONSENT CALENDAR A. 2nd Reading of Ordinance No. 82-18, adpktinq Chapter 11 (Zoning) Page 1310 of Codification & 138E { B. 2nd Reading of Ordinance No. 82-17,_rezonind_.385 acres from Rural Page 1489 to Rl-ls.5 for construction of one (t) single family home, Gustafson Rezoning by Paul R. Gustafson. Located across from 9635 & 9629 Bennett Place. C. Authorization to advertise for bids for construction of County Page 1491 Road 1 West of County Road 4 Bikeway D. Clerk's License List Page 1492 Set Public Hearing for vacation of Sanitary Sewer Easement on Lot 2. Block 2, LeParc,for 7:30 PM, August 17, 1982 F. Change Order No. 1., Public Safety Building Page 1494 G. Change Order No. 2., Public Safety/Public Works Building Page 1495 H. Receive petition for improvements to Homeward Hills Road between Page 1496 CSAH 1 and Sunnybrook Road, I.C. 52-033. and authorize preparation of feasibility rjgort (Kesolution No. 82-195) V. PUBLIC HEARINGS A. TAX 1NCREMWNT FINANCING DISTRICT FOR EDENVALE APARTMENTS (Resolution Page 1300, No. 82-174j_Continued from July 0, 1982 1387A & 1496D B. REQUEST FOR LIQUOR LICENSE FOR BROTHERS-iN-LAW INC. dba Boardwalk Page 1497 Restaurants, Inc._cforrner_l Brothers Restaurant at Eden Prairie Center City C'i cil Agenda - 2 - Tues.,August 3, 1982 C. KINGS FOREST by Centurion Company. Request for Guide Plan change Page 1498 of approximately 70 acres from low to medium density residential, Planned Unit Development approval of 31 single family and 153 townhouses, rezoning of 15 acres from Rural to R1-13.5 and 33 acres from Rural to RM 6.5, preliminary plat approval over the 70 acres, possible variances from the R1-13.5 and RM 6.5 Districts, and approval of an Environmental Assessment Worksheet. Located west of Baker Road and Crosstown Baptist Church, south of St. John's Woods,-and east of West 66th Street's easterly terminous (Resolution No. 82-187 - Guide Plan change; Resolution No. 82-188 - PUD; Ordinance No. 82-20 - rezoning; Resolution No. 82-189 - preliminary plat; and Resolution No. 82-190 - EAW) O. EDEN PRAIRIE PARTNERSHIP byUndestad Investment Company. Request for Page 1561 a Planned Unit Development Concept approval for industrial uses on 32 acres (27 acres of which is zoned I-2), rezoning from Rural to 1-2 for approximately 5 acres, preliminary plat approval of 6 lots and 3 outlots, possible variances from the I-2 District, and approval of an Environmental Assessment Worksheet. Located in the southeast quadrant of the intersection of County Road 67 and Chicago Northwestern Railway (Resolution No. 82-191 - PUD; Ordinance No. 82-21 - rezoning; Resolution No. 82-192 - preliminary plat; and Resolution No. 82-193 - EAW) VI. PAYMENT OF CLAIMS NOS. 2954 - 3161 Page 1607 VII. REPORTS OF ADVISORY COMMISSIONS VIII. ORDINANCES & RESOLUTIONS A. 1st Reading of Ordinance No. 1-82, adopting the City Code Page 1611 IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report City Mana_cer C. Report of City- Attorney D. Report of Director of Public Works 1. Award contract for West 69th Street and Vicinity- Drainage Improvements, I.C. 52-104 Resolution No. 82-196) 2. Award contract for Mitchell_Lake Estates 2nd Improvements, I.C. 52-026 Resolution No. 82-19-71 X. NEW BUSINESS XI. ADJOURNMENT. 1 • • TO: CITY COUNCIL MEMBERS THRU: CARL JULLIE-CITY MANAGER FROM: JAN FLYNN-HUMAN SERVICE COOROINATOR DATE: JULY 29, 1982 SUBJECT: EXPLANATION OF THE NO FAULT GRIEVANCE PROCESS On Friday, July 23, 1982 the Eden Prairie Human Rights and Services Commission received a Certificate of Commendation from the Governor of Minnesota and • the State Department of Human Rights for their participation in the No Fault Grievance Process. The purpose of No Fault Grievance Processing is to encourage early informal resolution of disputes stemming from actual or perceived unfair discriminatory practices. This procedure provides an opportunity for human service agencies and local comnissions to act informally on behalf of grievants in the voluntary resolution of such matters through No Fault Grievance settlements during the first four months preceding the jurisdiction time limits for filing a formal charge of discrimination with the Minnesota Department of Human Rights. The advantage of No Fault Grievance settlements for the grievant is receiving definite benefits, with a minimum of delay, in an informal setting. In addition, resolving the matter without filing a formalized charge to the state level minimizes the possibility that a reprisal action will be taken against the person. If attempts to resolve the matter at the local level fail, the grievant has the right to file a formal charge of discrimination with the State Department of Human Rights. To become involved with the No Fault Grievance Process our local Human Rights and Services Commission members had to take a two part training program through the State Department of Human Rights, and work cooperatively with the State Department in cases and record keeping. Presently three Commission members, Larry Simenson, Chairperson of the Commission, Jeanette Mika, and Bob Norberg are trained and working with cases in the city of Eden Prairie. ��1111 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 20, 1982 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel, George Bentley, Dean Edstrom, Paul Redpath and George Tangen COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger Pauly, Finance Director John D. Frane, Assistant to the Planner Jean Johnson, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL: all members were present I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: IX. B. 3. Consideration of the Purchase Aoreement for the Schultz property; IX. D. 4. Eckert RLS: IX. D. 5. Sunnvhrook/Creek Knoll Road Connection; IX. D. 6. Railroad Transportation Agreement for Crossing at County Road 67; and IX. D. 7. Hennepin County Agreement for Signals at Valley View Road. MOTION: Redpath moved, seconded by Tangen, to approve the Agenda as amended and published. Motion carried unanimously. II. MINUTES A. Special City Council Meeting held Tuesday, June 29, 1982 Page 2, para. 1, line 5: add the following after "is available: "and that West 70th Street be constructed as necessitated by development to the east." MOTION: Redpath moved, seconded by Tangen, to approve the Minutes of the Special City Council Meeting held Tuesday, June 29, 19B2, as amended and published. Motion carried unanimously. B. Regular City Council Meeting held Tuesday, July 6, 19B2 Page 10, item VII. A. 1., para. 1: change "met with representatives" to "spoken with a representative". Page 10, item VII. A. 1., para. 3: change: "are determined." to "would be deter- mined if an Ordinance were drafted." A 4 City Council Minutes -2- July 20, 1982 MOTION: Tangen moved, seconded by Bentley, to approve the Minutes of the July 6, 1982, Regular City Council Meeting as amended and published. Motion carried with Redpath abstaining. 11I. CONSENT CALENDAR A. Approve plans and specifications for revised Mitchell Lake Estates 2nd Addition Improvements, I.C. 52-030, and set bid opening date for 10:00 a.m., August 3, 1982 (Resolution No. 82-182) 8. Final plat approval for Lee Data Corporation (Resolution No. 82-161) C. Final plat approval for 8ryant Lake Center 2nd Addition (Resolution No. 82-180) D. Change Order No. 1 for Westwood Industrial Park, I.C. 52-015 E. Change Order No. 1, Well Collector line project, I.C. 51-354 • F. MIS PUD Developer's Agreement G. Award bid for County Road 1 Bike Trail H. Clerk's License List MOTION: Redpath moved, seconded by Edstrom, to approve items A - H on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. 8AYPOINT MANDR APARTMENTS (revised) by G & D Enterprises. Request to rezone 6.3 acres from Rural to RM 2.5 to construct a 4-story building with 152 apart- ment units and from Rural to R1-22 for approximately 2 acres for existing single family structure and preliminary plat approval. The property is part of The Preserve PUD 70-04 and may include granting of variances. Located south of Preserve Community Center 8arn and north of Neill Lake (Resolution No. 82-129 - PUD; Ordinance No. 82-14 - rezoning; and Resolution No. 82-130 - preliminary plat) - Continued from July 6, 1982. 8ecause everyone was familiar with the proposal, there was no formal presentation. There were no comments from the audience. MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing and to adopt Resolution No. 82-129, approving the development of PUD 70-04 of The Preserve. Edstrom asked Bentley to restate his objections to the proposal since Edstrom was not present at the meeting when Bentley noted them. • i�QQ 0- City Council Minutes -3- July 20, 19B2 Bentley said his objections were: the size of the building itself; its location in relation to the Preserve Center; the location of the parking; the provision for expansion parking in an area which is currently green space; and the fact that it is a very large building. Edstrom said for a long time people have been aware that there would be high density in that particular area. Bentley said he had no objection to multiple dwellings being built on that site, but this density bothers him. There are a number of large buildings in a small area. VOTE ON MOTION: Motion carried with Bentley voting "no." MOTION: Tangen moved, seconded by Redpath, to give 1st.Reading to Ordinance No. B2-14, rezoning 6.3 acres from Rural to RM 2.5 and approximately 2 acres from Rural to R1-22. Motion carried with Bentley voting "no." MOTION: Tangen moved, seconded by Redpath, to adopt Resolution No. B2-130, approving the preliminary plat of Baypoint Manor Apartments. Motion carried with Bentley voting "no." MOTION: Redpath moved, seconded by Tangen, to instruct Staff to draft the Developer's Agreement taking into consideration comments and recommendations from the Staff Report dated March 1B, 19B2, and those of the Planning Commission and the Parks, Recreation & Natural Resources Commission; special consideration should be made to save the large oak tree to the east of the building; and the marina is to be constructed concurrent with this project. Motion carried unanimously. Dale Wenkus, 8706 Leeward Circle, an architect and a resident of The Preserve, said he concurs with Bentley's concerns. He felt that very little of The Pre- serve has been built according to the original PUD concept. He felt the total image or concept of The Preserve is gone. He felt the issues must be addressed from an aesthetic viewpoint; density should be discussed, but aesthetics are of major importance. Because this is the last area on Neill Lake, he felt it would be a good location for low density/townhouse type units. He noted this was probably not offered for this type of housing because the market is not demanding that at the present time. Penzel stated one of the most difficult issues to address is that of aesthetics. The Council has been advised that . is the one issue that cannot be utilized as criteria because it is "in the eyes of the beholder" and it is not a matter of law. The original concept of The Preserve, he noted, placed the high density uses near the recreation facilities because these uses would be in most need of such and would be of most benefit to those residents. Richard Smith, developer and architect, said that building a building today for aesthetic reasons is secondary to the performance of the pro forma package. You cannot build a building unless it functions. He stated more than one year had been spent in meeting with residents of The Preserve and representatives of the City so that a feasible project might be packaged. He felt the proposal is a good one and will be an amenity to the City and to The Preserve. Redpath said he has felt that the greatest number of people should enjoy the amenities; apartment buildings usually end up next to railroad tracks, freeways, etc. There will now be two buildings in Eden Prairie which have amenities. City Council Minutes -4- July 20, 1982 B. TAX INCREMENT FINANCING DISTRICT FOR EDENVALE APARTMENTS (Resolution No. 82-174) - Continued from July 6, 1982 MOTION: Tangen moved, seconded by Redpath, to continue this item to the August 3, 1982, Council Meeting. Motion carried unanimously. C. CHAPTER 11 (ZONING) OF CODIFICATION (Ordinance No. 82-18) - continued from July 6, 1982 City Manager Jullie reviewed what the process is regarding Chapter 11. MOTION: Edstrom moved, seconded by Tangen, to close the Public Hearing, to give 1st Reading to Ordinance No. 82-18, and to note receipt of the Planning Commission's recommendations regarding Chapter 11. Tangen said he would like to see consideration given to new technology in the area of private waste treatment systems. The City might well be able to incor- porate this type of technology particularly in areas where the topography warranted it -- to preserve trees, hills, slopes, etc. Edstrom said now is the time to address the new code and to worry about the changes at a later time. City Attorney Pauly noted that the text referred to in Section 1 of Ordinance 82-18 refers to Chapter 11. The material contained in Chapter 11 was most re- cently studied on June 29, 1982, by the Council. VOTE ON THE MOTION: Motion carried unanimously. MOTION: Tangen moved, seconded by Edstrom, to direct Staff to look into the recommendations of the Planning Commission and to report back to the Council. Motion carried unanimously. D. EDENVALE 15th ADDITION by Equitable Life Assurance Society of the United States. Request for development stage of the Edenvale PUD 70-04, rezone 17 acres from Rural to RM 6.5, preliminary platting of approximately 106 townhouses, and possible variances from the RM 6.5 District. Located north of Edenvale Boulevard, east of Edenvale 11 and 14 Additions. (Resolution No. 82-176 - PUD; Ordinance No. 82-19 - rezoning; and Resolution No. 82-177 - preliminary plat) Penzel called attention to the petition from Edenvale residents which had been distributed to the Council prior to the meeting. It was noted this petition was about four months old and substantial changes had been made in the proposed development since that time. Dick Krier, Westwood Planning and Engineering, spoke to the proposal. He showed slides of sight lines from existing areas to the proposed site and drawings of cross sections. i 4 City Council Minutes -5- July 20, 1982 Assistant to the Planner Johnson stated this item had been considered by the Planning Commission at its June 28, 1982, meeting at which time it voted to recommend approval subject to the conditions contained in the June 23, 1982, Staff Report. There was no report from the Parks, Recreation & Natural Resources Commission because this is part of the Edenvale PUD. Harry Picha, 6649 Birch Island Road, said he is concerned about the big oaks along the property line. Krier said these would be saved. He said he does approve of the fence which will be built along the property line. The fence will be a 5' board-on-board fence. Bert Hassel, 6827 Woodhill Trail, expressed concern about the trees. He also asked that a four-way stop sign be placed at the Woodhill Trail/Edenvale Boule- vard intersection. Bentley asked when Edenvale Boulevard would be extended to Birch Island Road. • Redpath said Edenvale Boulevard should be completed now. Methods of assessing such an improvement were discussed. City Manager Jullie said a petition had been received requesting this extension and this is presently being reviewed by Staff; a feasibility study will be made. MOTION: Edstrom moved, seconded by Redpath, to close the Public Hearing and to adopt Resolution No. 82-176, approving the development of PUD 70-03 of Edenvale. Motion carried unanimously. MOTION: tdstrom moved, seconded by Redpath, to give 1st Reading to Ordinance 82-19, rezoning of 17 acres from Rural to RM 6.5. Motion carried unanimously. MOTION: Edstrom moved, seconded by Penzel, to adopt Resolution No. 82-177, approving the preliminary plat of Edenvale 15th Addition. Motion carried unan- imously. MOTION: Edstrom moved, seconded by Tangen, to direct Staff to draft the Develop- er's Agreement including the recommendations of the Planning Commission; the recommendations of the Staff Report;and the concerns expressed this evening re- garding the oak trees, the fence along the Picha property, and the extension of Edenvale Boulevard. Motion carried unanimously. MOTION: Bentley moved, seconded by Edstrom, to direct Staff to see what can be done to Birch Island Road to provide safe access, on a temporary basis, to this area. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 2715 - 2953 MOTION: Redpath moved, seconded by Tangen, to approve the Payment of Claims Nos. 2715 - 2953. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. City Council Minutes -6- July 20, 1982 VI. REPORTS OF ADVISORY COMMISSIONS There were no reports. VI I. ORDINANCES & RESOLUTIONS A. Preliminary approval for Housing Revenue Bonds in the amount of $7,000,000.00 for G & D Enterprises (Baypoint Manor Apartments-) and authorizing a Public Hearingon a Housing Program for the City of Eden Prairie (Resolution No. 82-170) Continued from July 6, 1982 Richard Smith, architect and developer, addressed the request. He noted Knutson Associates would handle the bond sale. Art Peil, Knutson Associates, was present to answer questions. He stated the actual bond sale will be conducted by Newman and Associates of Denver; Knutson is working on the letter of credit which will allow G & D to get an "AA" bond rating from Standard and Poors. Redpath inquired whether any Section 8 subsidy would be included in this project. Peil said there would not be; 20% of the units will be reserved for lower rents, but this will be handled internally. Edstrom asked if this will be a private placement. Peil said it would be. Penzel asked if there are statutory limitations towards the issuance of these bonds by a municipality. Finance Director said there is none on the total amount a municipality may issue. Tangen asked if this project was similar to the Edenvale project which the Council had recently approved. Frane said it is similar, but the Edenvale project used financing which involved applying for HUD tandem funds. MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution No. 82-170, granting preliminary approval for Housing Revenue 8onds in the amount of $7,000,D00.00 for G & D Enterprises (8aypoint Manor Apartments) and author- izing a Public Hearing on a Housing Program for the City of Eden Prairie. • Bentley stated he would vote "no" on the motion because he has a basic dislike for the concept of housing revenue bonds. Redpath said the Council has committed itself to affordable housing in Eden Prairie and this is one way of providing such housing. Edstrom noted the government has made this program available to municipalities; other cities are using it. Penzel said industrial revenue bonds are another subsidy and not entirely different -- both are businesses. 8entley said he would prefer to see zoning, PUOs, etc. used as tools to provide affordable housing. Bentley said he felt jobs were provided for a long term when industrial revenue bonds were issued; this is not the case with housing revenue bonds. VOTE ON MOTION: Motion carried with Bentley voting "no." City Council Minutes -7- July 20, 1982 • B, Resolution No. 82-175, Supporting Landfill Disposal Abatement MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 82-175, supporting Hennepin County's Landfill Disposal Abatement Pro- posal. Motion carried unanimously. VIII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request South Hennepin Human Services Council for funds City Manager Jul lie spoke to the memorandum of July 14, 1982, from Jan Flynn, Human Services Coordinator. MOTION: 8entley moved, seconded by Redpath, to appropriate funds to the South Hennepin Human Services Council as outlined in Flynn's memorandum of July 14, 1982. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. • B. MTS Systems Corporation Mat by MTS Systems Corporation. Request for Develop- ment Phase approval of PUD 80-40-PUD, including preliminary plat approval of 159 acres into 3 lots and road right-of-way and approval of an Environ- mental Assessment Worksheet. Located south of TH 5 and east of Mitchell Road. (Resolution No. 82-178 - preliminary plat, and Resolution No. 82-179 - EAW) John Worrell, 8rauer and Associates, spoke to the request. Also present were Paul Strand, MTS, and Barbara hiller, Magnetic Controls. Oiscussion on location of proposed Anderson Lakes Parkway and the manner in which it would be assessed or how purchased led to questions regarding the general policy on roads. Oirector of Public Works Oietz said nothing is pinned down; however, one landowner is working on a petition now which would lead to a feasibility study for Anderson Lakes Parkway. There is no timetable at the present time. The availability of State aid funds is not known either. Edstrom asked what would happen if System "D" were selected for TH 212. Redpath said he was sure that would not happen during his lifetime. Further discussion on the TH 212 issue was deferred to later in the meeting under Agenda item IX. 0. 2. Bentley asked if there were any specific development plans for the sites. Strand said plans depend on the state of the economy. Strand said Magnetic Controls has purchased a piece of property which has not really been defined; consequently, FITS is requesting plat approval so this might be accomplished and the purchase might beconsummated. MOTIDN: Tangen moved, seconded by 8entley, to adopt Resolution No. 82-178, approving the preliminary plat of MTS Systems Corporation. Motion carried unanimously. City Council Minutes -8- July 20, 1982 MOTION: Tangen moved, seconded by Bentley, to adopt Resolution No. 82-179, finding the Environmental Assessment Worksheet for MTS a private action and does not require an Environmental Impact Statement. Motion carried unani- mously. C. BOUTEN DENTAL LAB by Robert C. Bouten. Request to extend the time limit to operate a dental lab as an interim land use in a Rural District. Lo- cated at 8460 Franlo Road. MOTION: Bentley moved, seconded by Redpath, to grant an extension to Bouten Dental Lab for an additional three years to operate a dental lab at 8469 Franlo Road. Tangen said he felt the interim use should not be for a specified period of time and the motion should state the use can continue until zoning in the area is designated; this in view that the area might be zoned in the time prior to that designated by the extension. Robert Bouten, 8460 Franlo Road, stated a specific time period is easier to deal with from his point of view. City Attorney Pauly outlined alterna- tives open to the Council. VOTE ON THE MOTION: Motion carried unanimously. D. Administrative split of Lot 5, Block 2, Eden Heights Addition (16401 Hilltop Woad) City Manager Jullie spoke to the request by Bill and Karen Reitherman to allow an administrative split of Lot 5, Block 2, Eden Heights Addition. Director of Public Works Dietz outlined the property on a map. Edstrom said he was against this because the property is in an area which does not have City sewer and water. There were no comments from the audience. MOTION: Redpath moved, seconded by Bentley, to direct Staff to proceed with the administrative split of Lot 5, Block 2, Eden Heights Addition. Motion carried with Edstrom voting "no." E. Request from Richard W. Anderson, Inc. to lower berm between Shady Oak 5th Addition and Lee Data Corporation City Manager Jullie stated the request had been reviewed by Staff and it was felt the berm could be lowered without creating any problems. MOTION: Edstrom moved, seconded by Redpath, to approve an amendment to ADI's Developer's Agreement calling for a new stipulation regarding lowering the berm between Shady Oak 5th Addition and Lee Data Corporation taking into consideration landscaping which might enhance this change. Motion carried unanimously. • City Council Minutes -9- July 20, 1982 IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS vi A. Reports of Council Members There were no reports. e B. Report of City Manager 1 1. Agreement for Financial Consultant Services MOTION: Bentley moved, seconded by Edstrom, to approve the agreement with Ehlers and Associates, Inc. for financial consultant services. Motion carried unanimously. 2. Approval of Addendum No. I to Eden Prairie/Richfield Dispatching Agreement and appointment of ex-officio member to the Management Committee MOTION: Edstrom moved, seconded by Tangen, to approve Addendum No. 1 to Eden Prairie/Richfield Dispatching Agreement. Motion carried unanimously. MOTION: Tangen moved, seconded by Redpath, to appoint George Bentley as ex-officio member of the Management Committee. Motion carried unanI"iously. 3. Receipt of 1981 Audit Report William McCue, representing Fox, McCue & Murphy, Certified Public Accountants, reviewed the 1981 Audit Report. Also present was John Fox of Fox, McCue & Murphy. Questions regarding specific funds, statements, and balance sheets were answered by McCue and Finance Director Frane. McCue said Eden Prairie is in good financial condition; it is diffi- cult to compare Eden Prairie to other municipalities because of its growth. The special assessing area will need continuing attention because of the number of projects and the costs involved. Bentley said he would like to see Staff report on the issue of internal control and what progress is being made in this area. n. MOTION: Bentley moved, seconded by Edstrom, to receive the 1981 Audited Financial Statements and Other Financial Information. Motion carried unanimously. City Council Minutes -10- July 20, 1982 4. Consideration of the Purchase Agreement for the Schultz Property MOTION: Redpath moved, seconded by Tangen, to approve the purchase agreement for the Schultz property subject to final approval by the City Attorney. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Edstrom voted "aye." Motion carried unanimously. C. Report of City Attorney Redpath noted there were people in the audience who were present to support a gambling license for the American Legion Club. He said Legion clubs in surrounding communities do have such licenses and he would support such a license for the Eden Prairie American Legion -- funds derived from this would be used for a building fund as well as to support civic projects. City Attorney Pauly reviewed the requirements in the State statutes. If such a license were to be granted, the City would have to draft an Ordinance which would incorporate the State statutes. Edstrom asked who would participate in this activity. A member of the American Legion said it would be members and guests. Penzel said he had problems with this philosophically. He would like. to have information from the Public Safety department before proceeding further. Edstrom said he is philosophically opposed to having anything funded by gambling proceeds. It was noted that none of the "games" under consideration has anything to do with bets on sporting events. MOTION: Bentley moved, seconded by Redpath, to continue consideration of this item to allow Public Safety time to review it and to get more specific information on what is proposed. Staff is directed to look at what specifically must be done before such a license can be granted. Tangen asked if there had been any public input regarding this. He would like to see this go before the commissions for their review. He would also like to see the citizens of the community have an opportunity to speak about the issue. Redpath said the connotation of legal gambling regarding this is too strong. Bentley said he did not feel the potential for evil was great. VOTE ON MOTION: Motion carried unanimously. )µ 0 I, City Council Minutes -11- July 20, 1932 • D. Report of Director of Public Works 1. Award contract for West 76th Street Improvements, I.C. 52-031 (Resolution No. 82-183) MOTION: Redpath moved seconded by Bentley, to adopt Resolution No. 82-183, accepting the bid for I.C. 52-031, West 76th Street improvements. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. 2. Discussion of T.H. 212 Corridor Alignment City Manager Jullie reviewed the Schreiber Bill which provides funds for purchasing right-of-way for highways. He called attention to the July 15, 1982, memorandum to Gene Dietz from BRW regarding the "Analysis of the Proposed Trunk Highway 212 Alternative Alignments Through Eden Prairie as they Impact Development and Transportation • Patterns." Discussion centered on the impact of the alternative alignments on the adjacent properties. Tangen felt a decision on a specific corridor should be made so the adjacent property owners will be able to proceed accordingly. Edstrom agreed. Bentley questioned the general availability of the funds provided for by the Schreiber Bill. Penzel said he thought the C'ty should proceed with all due haste. MOTION: Tangen moved, seconded by Edstrom, to instruct Staff to develop guidelines for selecting a cooridor, developing a time frame, and setting a Public Hearing. Motion carried unanimously. Edstrom said the felt it important to pick the right corridor from the standpoint of traffic. Tangen said he agreed and the decision might also have an impact on the interim type improvements which might be made on Highway 5. MOTION: Bentley moved, seconded by Penzel, to continue the meeting beyond the 11:30 p.m. time limit. Motion carried unanimously. 3. Cooperative Agreement with Hennepin County for construction of Valley View Road west of CSAH 18, I.C. 51-335 (Resolution No. 82-184) MOTION: Edstrom moved, seconded by Bentley, to adopt Resolution No. 82-184, Valley View Road improvement agreement with Hennepin County DOT. Motion carried unanimously. • t If • City Council Minutes -12- July 20, 1982 4. Eckert RLS Director of Public Works Dietz noted problems which have come to the attention of the City regarding percolation tests. MOTION: Edstrom moved, seconded by Tangen, to deny the Registered Land Survey on the Eckert property on Sunnybrook Road. Motion carried unanimously. 5. Sunnybrook/Creek Knoll Road Connection Director of Public Works Dietz stated the State has agreed to connect Sunnybrook Road with Creek Knoll Road for a cost in the vicinity of $1,000 to $2,000. MOTION: Edstrom moved, seconded by Tangen, to approve the Sunny- brook/Creek Knoll Road connection. Motion carried unanimously. 6. Railroad Transportation Agreement for Crossing at County Road 67 Director of Public Works Dietz spoke to the agreement. MOTION: Tangen moved, seconded by Redpath, to adopt Resolution No. 82-185, license agreement with Chicago and Northwestern Transportation Company. Motion carried unanimously. 7. Hennepin County Agreement for Signals at Valley View Road MOTION: Tangen moved, seconded by Redpath, to adopt Resolution No. 82-186, CSAH 4/Valley View Road Signal Agreement with Hennepin County DOT. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. X. NEW BUSINESS City Manager Jullie noted he will speak at a Chamber of Commerce "Eggs and Issues" Seminar on Wednesday, July 29, 1982, on "The Status of Road Projects in Eden Prairie." Bentley, on behalf of the Chamber, invited the Council to attend. XI. ADJOURNMENT MOTION: Redpath moved, seconded by Penzel, to adjourn the meeting at 12:01 a.m. Motion carried unanimously. I The following items are on file in the Office of the City Clerk as attachments to the July 20, 1982, Minutes of the City Council: 1. Letter from Toney Westerhaus, 8470 Franlo Road, in support of Bouten Oental Laboratories. (VIII. C.) 2. Letter of July 19, 1982, from Robert Morehouse to the Mayor and City Council regarding the Schultz property purchase agreement. (IX. B. 3.) 3. Memorandum dated July 15, 1982, from BRW to Gene Oietz. (IX. D. 2.) 4. Petition to Eden Prairie Planning Commission and City Council re: Proposed Zoning Change, Outlot D Edenvale 3rd Addition. (IV. 0.) . ti ICY 1 L Gustafun • CITY OF EDEN PRAIRIE HENNEPIN CDUNTY, MINNESOTA Ordinance No. 82-17 AN ORDINANCE RELATING TO ZONING AND AMENDING DRDINANCE ND. 135 THE CITY COUNCIL OF 1HE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance No. 135 is amended as follows: The property situated in the County of Hennepin, State of Minnesota, as • set forth in Exhibit A, attached hereto and made a part hereof shall be and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District. Section 2. The above-described property shall be subject to all of the ordinances, rules and regulations of the City of Fden Prairie relating to the R]-]3.5 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 6 _ day of Jul_, 1982 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the _ day of __ , 1982. Tang H. Penzel, Mayor ATTEST: John D. Franc, City Clerk PUBLISHED in the Eden Prairie News on the.__ day of , 1982. • /4/0 • I LEGAL DESCRIPTION OF PROPOSED GUSTAFSON PROPERTY • That part of the East Half of the Northeast Quarter of Section 26, Township 116 North, Range 22 West of the 5th Principal Meridian, Hennepin County, • Minnesota, described as follows: Beginning at a point on the east line of said Section 26, distant 1409.93 feet southerly of the northeast corner of said Section 26; thence southerly, along said east line, a distance of 120.00 feet; thence westerly, deflecting to the right 90 degrees 00 minutes 00 seconds a distance of 140.00 feet; thence northerly, deflecting to the right 90 degrees 00 minutes 00 seconds a distance of 120.00 feet; thence easterly, deflecting to the right 90 degrees 00 minutes 00 seconds a distance of 140.00 feet to the point of beginning. • EXHIBIT A • MEMORANDUM 1 4 TO: Mayor and City Council 4 T11RU: Bob Lambert, Director of Community Services 1 FROM: Stephen Calhoun, Park Planner DATE: July 29, 1982 SUBJECT: Authorization to Advertise for Bids - County Road 1 Bike Trail from County Road 4 to Cedar Forest Road Staff requests permission to advertise and receive bids for the westerly extension of the County Road 1 bike trail, this includes grading and trail base. The City Street Department will do the actual paving. The trail will begin at County Road 4 and continue west to Cedar Forest Road. This trail will be entirely within the County right-of-way. The project will be advertised August 19 and 26, bids will be due August 31, 1982 and will be presented to the Council September 7 for approval. Funds for this project are provided for in cash park fees. Estimated cost for grading and base is $15,000. SC:md • • • • • • • IWgI • • CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST • August 3, 1982 CONTRACTORS (Multi-Family & Comm.J PLUMBING Arkay Construction Co. Hoff Plumbing Maertens•Brenny Construction Co. Widmer Brothers, Inc. • Stiglich Construction Co. SCAVENGER CONTRACTORS (1 & 2 Familyj — —— MA Scavenger Craftsmen Industries Gerold Bros. Construction, Inc. WELL DRILLING Hastings Building Co., Inc. Heritage Builders Bohn Well Drilling Co., Inc. North Star Services Twin City Insulation REFUSE HAULERS GAS FITTER MCS REFUSE HAULERS METRO DISPOSAL Apex Mechanical Smith Heating & Air Conditioning Dale Sorenson Co. HEATING & VENTILATING Apex Mechanical Smith Heating & Air Conditioning These licenses have been approved by the department heads responsible for the licensed activity. • Pat Solie, Licensing • r 1 I CHANGE ACc ER �7 AR i11111 :T K ORDER CONTRAC.IOR b(,] AU, DOCUtAtNr G701 oltlrR PKOJI_CT: Eden Prairie City Services CHANGE ORDER NUMBER: 1 (name,address) City of Eden Prairie City Hall,8950 Eden Prairie Rd.,Eden Prairie,MN 55344 10 (Contractor) ARCHITECT'S PROJECT NO: 475.1 r Arkay Construction Company CONTRACT FOR: $2,345,300.00 620 Notth County Road 18,Suite 189 Minneapolis, Minnesota 55427 L J CONTRACT DATE: June 29,1982 You ale directed to slake the following chanecs in this Contract: . Furnish the two(2)mechanical chases for the Pistol Range as described in letter from Arkay Construction Co.to InterDesign Inc.,dated July 8, 1982. —Reference: Arkay to InterDesign—July 8, 1982 Jack Hacking to InterDesign—July 19, 1982 • Change initiated by Eden Prairie. The original Contract Sum was $ 2,345,300.00 • Net change by previous Change Orders $ -0 The Contract Sum prior to this Change Order was Si 2,245,300,00 The Contract Sum will be pnueased) xbrouxxxld%xax*a(00(x`kby this Change Order . . S 7,147.00 • The new Contract Sum including this Change Order will be S 2,352,447.00 • The Contract Time will be>t>:1c0cxxx!rzd:xxx0(aaiZ (unchanged) by ( )Days. The Date of Completion as of the date of this Change Order therefore is unchanged. • r• • InterDesign Inc. —__--_. Arkay Construction Co.. ._. --- City.of Eden Prairie CONTF:AC1(1R OWNER A`409 Willow Street 620 No.County Rd. 18,Suite.189 8950 Eden Prairie Road __. .. Address _ --- Address Address Minneapolis,MN 55403 Minneapolis,MN 55427 Eden Prairie,MN 55344 _.__ B y Rile C, By try - V 00• Robert Lamb art DATE July 20,1982_ DATE July 20, 1982 —DATE —•- - 1982 _ Ark 110(('MINI c:ol • c 11A\(.r OkDtk • AI.Ril Vr'011,1r1()N • AIAT: • ' 1970 • 1HE OM I•At,t AMI(ILAN IN.,111 it ill A((11111(.1S.1;35 NM-5(rRA ME,NW,1YASI(IN(,ION,D.C.Z0006 I i L1 1. Tom' • JACK HACKINDiktuoii orG - j(� I T • PUBLIC EA.LTY 4 1 r-�� EMERGENCY • POLICE AND FIRE 7905 MITCHELL RD./E DEN PRAIRIE,MINN.55344 16121 544 951I • PUBLIC SAFETY OFFICE I6121937.2700 July 19, 1982 Mr. Robert Lambert InterDesign, Inc. 1409 Willow Street Minneapolis, Minnesota 55403 Dear Bob: At your request I discussed the addition of the two mechanical chases for the pistol range with Carl Jullie and it is our decision that this ithm should be included in with the contract for the total sum of 57,147.00. If you have any questions please feel free to call me. Very truly yours, CITY OF EDEN PRAIRIE • Jack Hacking, Director Fire and Police Divisions c 0 e/r ARKAY CONSTRUCTION CONMPANY �. GENERAL•CONTRACTORS July 8, 1982 1 I • i i 1 9 1 InterDesign, Inc. 1409 Willow St. Minneapolis, MN. 55403 Attention: Robert Lambert Subject: Eden Prairie City Services Building Gentlemen: We propose to furnish the two (2) mechanical chases for the pistol range complete with footings, poured concrete walls, masonry, grating and frames between column line A & 0, both ends for the total sum of $7,147.00. This does not include any mechanical, electrical or painting work. Very truly yours, ARKAY CONSTRUCTION COMPANY • • 6..1":"4"-•----,..,_‘ C. r9-'__ William C. Rose Vice President WCR:bcp ( CPO NORTH COUNTY ROAD 1 8•SUI rE 189•MINNEAPOLIS.MINN 55427• PHONE:544-33-: 1,.i1/.i'. E; .1110.1111M ORDCR CoN.11:Ar)UR ;< EIIII) [) A/A DOC-1 ',1CNI 6701 01)It1; PROJECT: EDEN PRAIRIE CITY SERVICES . CHANGE ORDER NUMBER: 2 (Caine,address) City of[den Prauie City'fail,}i9S0 Iden Prairie Road Eden Prairie,MN 55344 TO (Contractor) ARCIIllICT'S PROIICT NO: 475.1 Arkay Construction Company CONTRACT FOR: $2,345,300.00 020 North County Road 18,Suite 189 Minneapolis,MN 55427 j CON I RACT DATE: June 29, 1982 You are(lire(ted to make the following change,.in this Contract: • 1. Increase the Vecder Root Card System to a 1,000 transaction memory. (Requested by Owner.) Add: $ 543.00 + 2. Eliminate one(1)Gun Locker. (Requested by Owner.) Deduct: 225.00 — 3. Eliminate composition tile in Rooms 7,23,27,30,and 34. (Requested by Owner.) Deduct: 560.00 — 4. Delete Flammable Waste Trap and related Vent Piping in Maintenance Building Truck Wash. Deduct: 1,070.00 — (Fo meet Code.) REFERENCES I etter from Arkay Const.to InterDecipn,dated 7/19/R2. !No. 1 above) Letter from City of Eden Prairie to" ,dated 7/21/82. Letter from Arkay Const.to Inter Design,dated 7/19/82. (No.2 above) Letter from " " " " " " (No.3 above) Letter from " " " " " " . (No.4 above) Letter from Ilorwitz,Inc.to Arkay Const. " 7/14/82. (No.4 above) • • The uriginat Corr;ract Sum\vas $ 2,345,300.00 Net change by previous Change Onlers S 7,147.00 , The Contract Sum prior to this Change Order sell S 2,352,447.00 • The Contract Sum well be }1NYKxxi/ Icier rrascd`Xxx.XXxxotft by this change Order. . . S 1,312.00 The new Contract Sum Including this Change Order sill he $ 2,351,135.00 The Contract Time will be XXXXXXXk3(Xx,X k run,hanged) by ( )Days. The Dale of Completion as of the dale of this Change Order therefore is unchanged. • InterDesign Inc. Arkay Construction Company--...-_ City of Eder.?rlirie Aer I�ICj res'lt:A(.1oR OWNER 140„rA illow Street _- —_ 620 No.County Rd. 18,Suite 189 8950 Eden Prairie Road. Address Address Address Minneapolis,MN 554 Minneapolis,MN 55427 Eden Prairie,MN 55344 Rh�irrt Lamb(tr.R William C. Rose,V.P. [Alu July 22, 1982 twit July 22,1932 - _ !Mil _ -1982, sic nnrUsli\1 C.'O1 • (V(A'(;i 01:1111( • AI.KIt 1,0 11)',nrr•. • AIce • 1'.,I( • 1111 O't PA( AsriKr(A,In Slr1(r11(11 AKC11rlt(15115 hl\1'\(rRA s0.1 '•1'. s\AS)ri\r.lrr\', 1ZI1).> % ri 1� AR KAY CONSTRUCTION CO11/1PANY ! GENERAL CONTRACTORS • July 19, 1982 • InterDesign, Inc. 1409 Willow Street Minneapolis, Mn. 55403 Attn: Bob Lambert Subje ct: Eden Prairie City Services Gentlemen: We propose to increase the Veeder Root• Card System as per the attached description from Hale Fluid Systems for the sum of: • Subcontractor's price $470.50 Minnesota State Tax 23.52 494.02 Arkay's Contractor Fee 10% 49.40 Total $543.42 Round off $543.00 We regret this price is only valid untl July 28th, although, at an increased price this change can be accomplished at any later time. Therefore, please phone the writer if this work is to be accomplished by July 28th and then follow with a written change order. - Thank you. Very truly yours, /ARKAY CCOONN TRUCTION COMPANY l/t/ L4.„ C . William C. Rose Vice President WCR:dw 02O NOHT I 1 COUNTY ROAD 1 t3 •SUITE 1 B9 t MINNI AI}OI IS.MINN 5542 7 • PHONE:544.334-i IUa)-A • Er.••, Y OFFICES/895[I HEN PRAIRIE ROAD/EOEN PRAIRIE,MN 55344 2499/TELEPHONE 16121 931.2262 � i�--T v d,e_, giet_ #0:15Z Oz. • f July 21, 1982 Bob Lambert Interdesign 1409 Willow Street Minneapolis, Minn. 55403 Re: Deduct Alternates Numbers 10 & 14 Dear Bob: As per our conversation last week, we do not wish to accept deduct alternates numbers 10 & 14. In other words, we wish the contractor to install the air and water lines in the large equipment storage area as per the base bid. Also, we wish to have the contractor install the fuel inventory system with the • • exception that we do want to install the memory unit which would allow for 1,000 transactions to be recorded. The status of deduct alternate number 6 is still unresolved. Please contact public service directly regarding the flag pole. Sin 'J/2Z �iZ Mu. -p tsg1 '/ram lei ��,� y�e Eugene A. Dietz, P.E. • 1 Director of Public Works s 7)• YFt EAD:sg T ,�J� • ARKAY CONSTRUCTION UCTION COiVIPANY / 'NV GENERAL CONTRACTORS +` July 19, 1982 InterDesign, Inc. 1409 Willow Street Minneapolis, Mn. 55403 Attn: Bob Lambert Subject: Eden Prairie City Services Gentlemen: We herewith credit the above job for not furnishing one Gun Locker, deduct $225.00. Please incorporate this in the next change order. We have proceeded on this basis. Very truly yours, • ARKAY CONST UCTION COMPANY • William C. Rose, Vice-President WCR:dw • rpp. yyP 6PO NORTH COUNTY ROAD 1 C3•SUIT G 1 139 c MINNEAPDL IS.MINN 55427• PHONE:544.33.1 1 A ' I / ,‘\'‘ / L%tc Ay E'::(:.1 Eri"17 II Cri.[i:1 RI i-...;kl M 1'2 IX N Y GENERAL CONTRACTORS I /•- ,... ._:A ,-. July 19, 1982 InterDesign, Inc. 1409 Willow Street Minneapolis, Mn. 55403 Attn: Bob Lambert Subject: Eden Prairie City Services Gentlemen: If we do not put down composition tile in Rooms 7, 23, 27, 30, , and 34, as per your note of July 15, 1982, deduct $560.00. Please incorporate this in the next change order. Thank you. Very truly yours, ARKAY CO7TRUCTION COMPANY W3lliam C. Rose Vice President . WCR:dw ( F.20 NC)1 T i-i COUNTY 4 (DAI:) 1 0 I SUI 1 I: 1 r0 6 WNW Ar3(')i .MINN 5127* PHONE:54.1.334 i I . — . /\!,•,:b) ARKAY CONSTRUCTION COMPANY _____( " GENERAL CONTRACTORS 1 7 July 19, 1982 i InterDesign, Inc. ' 1409 Willow Street Minneapolis, Mn. 55403 Attention: Bob Lambert • Subject: Eden Prairie City Services Gentlemen: We propose to delete the Flammable Waste Trap and related Vent Piping in the Maintenance Building Truck Wash for $$1,070.00. If this is to be done please incorporate this in a change order immediately. Very truly yours, ARKAY CONSTRUCTION COMPANY William C. Rose Vice President - WCR:dw Encl. 1 62O NORTH COUNTY ROAO 1 F3•SUITE 1 E39 e MINNEAPOLIS.MINN 555.12 7• PHONE 544.334 lqO r� [PLO19VI1t�^�, iflC. mechanical contractors EStnblishod to 1918 5000 North County Road 18,M nneanohs,Minnesota 55428•16121 533 140L 4 July 14, 1982 1 ) • • Arkay Construction Co. 620 North Highway 18 Suite #189 Minneapolis, MN 55427 ATTENTION OF: Mr. Bill Rose SUBJECT: Eden Prairie City Services Eden Prairie, Minnesota Gentlemen: We propose tc DELETE one (1) Flammable Waste Trap and related Vent Piping in the Maintenance Building Truck Wash. DEDUCT: -($1,070.00) ONE THOUSAND SEVENTY AND NO/100 DOLLARS Yours very truly, - HORWITZ, INC. r \Jude H. LeClair )JHL:gcp t . • 1'a�S August 3, 1982 I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R 82-195 a • RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT FQR HOMEWARD HILLS ROAD BETWEEN CSAH 1 and SUNNYBROOK ROAD I 1 WHEREAS, a petition has been received and it is proposed to make the following improvements; 'x I.C. 52-033, Homeward Hills Road Improvements between CSAH1 and Sunnybrook Road 1 d. 1 and assess the benefitted property for all or a portion of the cost of the 1 improvements, pursuant to M.S.A. 429.011 to 429.111. r NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study with the assistance of Rieke, Carroll, Muller Assoc. i and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasi- bility of the proposed improvements. ADOPTED by the Eden Prairie City Council on August 2, 1982. I Wolfgang H. Penzel, Mayor ATTEST: SEAL 1 1 John D. Frane, Clerko 4 1 CITY OF EDEN PRAIRIE, MINNESOTA • ( PETITION FOR LOCAL IMPROVEMENT • To The Eden Prairie City Council: , • The undersigned property owners herein petition the Eden Prairie City Council to consider making the following described improvements(s): (General Location) • g Sanitary Sewer -Extension of Nomewsrd_iil] Road.Nnr.th- X Watermain ward from Pioneer Trai.-(CQ.unty Road_ltl) • • X Storm Sewer through Pax Christi and WelteLyx.opPrtiec X Street Paving (See Legal and Property Bounjy Maps) in • Other North 1/2 Section 26, Eden Prairie Street Address or Other Legal Description of Names of Petitioners Property to be Served (Must Se Pro erty Owners) N= Sec 26, T.116-R,-22--- �•2i«?iZ 41t+t / —e! d_t4%e� See Legal v_ J\ 7,, The petitioners herewith indicate their willingness'to'pay their fair share of improve- ments in and through their property for this project. The property owners desire to review the feasibility study after its completion and before ordering of plans and specifications for construction. It is requested that the study address the manner of payment and assessments. The study should determine the best manner to provide sewer service as the Welter property already has sewer lines along, the creek and through their property to Pioneer Trail. (For City Use) Date Received _JUC_l 2y/982.. Project No. T•C•.SZ- o d3 Council Consideration ,4uGusr ,Z19$Z t4� F , , •• ..:-,-PN • -/ , t _ '7:. . Vivi r••••a - --".",v4;' -1 ---- : 4 2..,-;-!-_.4,•':r- - •-• '4 v.:;.3 -'4.. : -•.,•:, il'.•.e.,11• a, ! ti .. ,I ' t • 1•31')-.--- ' : r' i - .-' ' ••••• ''-'..-. 14[I ;3. ..\1• < '2'65 ::, 2 .• - . " • ittiii, .2.,;It...":‘,--...:••• '2 -`6.: , i - -.' 1- ''''':::''':,-..._--- °•,':',::,,:',. < - • . ;;' ''.),-1"s'i”--. •-• -- • •',,,,..'.:i.`,04,-- , I .54:s ''...F' '•:'.,-.*: '''•---,, ll•r!-*;i- ; •- ':-!';-.0, ;-‘r. ,...,. ..t.r,:,.,' •''',, .,:,-:':. .4'.s, :. r ':-. ."; C")' 'U 1.„, ;.,-4..:: :;/- '....•-7;;'''::-.,\.::1"'.1-,,). it.! 1'.,C.,, , X..•";,.• -•4-',‘'i-2,LtiCi../ior;AL 5,,,4i',--;-..•' "'c.;.•.'::,:',.;V: :'-i".-• 'i. •-•-r---;:;:::. '...,T... s -......, • . 2. ••,,,,--:-. .-,-,,- ' _,...,'‘. i 1 .-:1 4. ----, _ _...__— -17177.-727'UT.--.17\-.• •12':'-;-t '2 2'r!''-' :c It ' • 't, ,•••.-,'..2::'..2.•;''',/'•'2••-•''21'/II••t. r.-,: ;.:',..=',... , l;',---'-.4,',-:-. 1 ,,*V--. F.-... i \'',1?"1 r;' ,'1".''''."!! 1 if ,,, .. • . , .",.4-'2.2, ./Q -2 6'. •••"'-'-'2‘"". '-)2-"•-•'..2' J.--„ --) Vt'5.:. .1 •'7.2-2,. .:f.„ •':-. -)if '••1,,..• /i•I''' .%. '' '1,1•\. '1:i '•••• '..'; —--.'—I Z t•%..1-V 1' a r\) si ----..;„...4:];_l ii,,,,....1▪ -'“ xl.,ir.',..-:: ci,••6:1 2,222 2t2..: 2 '''''''-'2 ••‘•_''f.L.2,12-fj'L::__. ..• . .. , . ,..:::::',. . ,. .,-..-.1 n„ 1 i_ I, t •• ; i it,r11 -" ,- -.1. ,- • - 0 - (> • i- •,,z '.- =i, 1 iii 1 • \ i!! i' .- -I-1 .„ _,,'6,040,..,...., vm.p.„,,.1,,..,,,,,......, -..3.... ., .//...„...,?>------/ :iii •....i -i- % • ':', r r ;:::: I 1 • E • •'': .%. /.---.7 ., _ ---_.. l'' .e• I f'. .,..,,, S ,•,{.', Fi. • I r\) •:',;, :. ',. .---. ';',.1,'-..,.,.-'',/ '.-., : r\) . . ,.. • •-k • - :5••. ,i• ...„. 2I 6. 2\ . •••\'k'S.N.:7•Cs: ::52,t.2, ' - . '.•. .., •.2(r . ''''...21"2\•,4,. ,\•• ••:t. /,/. z, •••,•$,,,,•::5::;,,:,.::--• 'V. / ,„, / .,,i:,.2, ..:,\;,,.,.....N.ss.z.,,,y,2:,;,•• fry,,..: .„A \ _ _ . , .• - c t • 2 • .10"........162.......26222.4 I I •12' . - 20 ,....: • t ( / ) /619 - — ---- Itia! P, • DESCRIPTION: That part of the NE 1/4 of NW 1/4 lying E of W 110 ft. thereof and that part of W 110 ft, of NE 1/4 of NW 1/4 lying N of S 324.57/100 ft. all in Sec. 26 T116 R22 thereof except Road; subject to restrictions 1 and/or easements of record, if any. AND Tract B of RLS No. 1032. • • • • { ►L�AI c, • { TO: Mayor and City Council FROM: John D. Frane, Finance Director DATE: July 30, 1982 Re: Edenvale Apartment Project The estimated tax increments in the plan are $206,000. The proponent is asking the City to consider approving a TIF plan which would provide the project with $100,000 per year for 10 years under an Interest Rate Subsidy Program. At the end of 10 years the owners would pay the HRA $500,000 in return for the Eden Prairie Community's support. The HRA could use the money to support any project allowed by law. The excess increments of $106,000 could be retained by the HRA, invested and used to support other projects, housing or otherwise; or they could be returned all or in part to the taxing districts which would have received them. However, this is a side issue which can be determined at a later date. Is $500,000 at the end of 10 years a good or bad deal? It depends on how you look at it. From the point of view of potential profit to the owners made possible by a public contribution of $1,000,000, then $500,000 looks small in comparison. By looking at it and concluding that the project would not be built without the subsidy then the City is getting 174 rental housing units which it needs and the $500,000 is a return on the Community's investment at a 13.7% annual rate. • /4/ 9c ° To: Mayor and City Council From: John D. Frane, Finance Director Date: July 30, 1982 Re; Edenvale Apartment Project There are three hearings scheduled for the purpose of considering an Interest Rate Reduction Plan using TIF financing for Edenvale Apartments. 1. The first Council hearing and resolution 82-174A deals with the establishment of a HRA for the City. If the Council passes the resolution then it could appoint itself as the HRA and choose a chairman • and a secretary. 2. The HRA meets to consider guidelines and criteria to regulate implementation of an Interest Rate Reduction Program for Edenvale Apartments. (R 82-174B/HRA 1) 3. The HRA meets to consider approval of the Interest Rate Reduction Plan and Tax Increment Financing Plan for the project. (R 82-174C/HRA 2) 4. The second Council hearing deals with consideration of the guidelines and criteria to regulate implementation of the Interest Rate Reduction Program. 5. The third Council hearing and resolution 82-174D deals with the adoption of a tax increment financing plan and designation of a tax increment financing district for the project. The Council could proceed with the first hearing, adopt Resolution 82-174A and appoint the HRA members and staff. The second and third hearings should be continued, the staff and proponent's counsel are revising the details of the plan. The proponent will speak to the project. / ' 9 6 RESOLUTION NO. a'/VA RESOLUTION AS TO THE MUNICIPAL HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA WHEREAS, the Eden Prairie Chamber of Commerce, Housing Committee has recently concluded a study on the availability and need for housing, both ownership and rental, in the City of Eden Prairie,and has released the Eden Prairie Chamber of Commerce, Housing Committee Report, dated as of January 8, 1982 (the"Chamber Report");and WHEREAS, the Chamber Report concluded that Eden Prairie's single most important housing need is to alleviate the shortage of rental housing, as evidenced by a 100% occupancy rate of existing rental units;and WHEREAS, the Chamber Report determined that, as of March, 1981, the City of Eden Prairie had 751 units of rental housing of which only 455 are market rate rental apartment units, posing an ever-increasing problem for the City's businesses and industries as they compete for employees in need of permanent or temporary rental housing;and WHEREAS, th.; Chamber Report has further found: that construction of new rental housing is virtually impossible due to high interest rates; that housing needs for blue collar workers, clerical workers, singles; and temporary occupants . have not been accomodated; and that the City of Eden Prairie needs unique financing arrangements to attract money into the residential housing market;and WHEREAS, the Metropolitan Council has adopted, as of July 26, 1979, the Amendments to the Housing Chapter of the Metropolitan Housing Guide, in which it defined the City of Eden Prairie's fair share of area wide need for low and moderate income housing opportunities ten-year goal to be a range of 760 units to 1,900 units;and WJiEREAS, published notice was given in the i Al tR 4)^'t' /'JE W on G /d fl , 1982, as to the matter of the establishment of a Housing and Redeye opment Authority in and for the City of Eden Prairie, Minnesota, said published notice being incorporated herein by reference;and WHEREAS, by motion of the City Council, the public hearing with respect to the matter of the establishment of a Housing and Redevelopment Authority in and for the City of Eden Prairie was continued until the July 20, 1982 meeting of the City Council of Eden Prairie, and was further continued until the August 3, 1982 meeting of the City Council of Eden Prairie;and WHEREAS, said public hearing was held on said matter on August 3, 1982, pursuant to said notice and the council having heard all persons, objections and recommendations relative thereto and having fully considered the same; / ' F 4 NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Eden Prairie that; the City Council of the City of Eden Prairie finds and determines that in the City of Eden Prairie, (1) There is a shortage of decent, safe, and sanitary dwelling accomodations available to persons of low and moderate income and their families. Private enterprise is unable to alleviate such shortage and to provide a substantial supply of decent,safe and sanitary housing without government subsidy at prices or rents within the financial means of persons and families of such incomes. This shortage is inimical to the safety, health, morals and welfare of the residents of the City of Eden Prairie and to the sound growth and development of the City of Eden Prairie. (2) That there is a need for a housing and redevelopment authority to function to alleviate said shortage in the City of Eden Prairie, this finding and the foregoing findings being made after consideration, amongst other things, of the need to provide low and moderate income families with housing opportunities at prices or rents within their financial means, the need to encourage the • development of vacant, open and undeveloped lands, and the need to insure the sound growth,development and financial stability of the City of Eden Prairie. Adopted by the Council on the day of , 1982. Yeas: Nays: Approved Attest Mayor City Clerk ��96 & TO: CHIEF JACK HACKING • • THROUGH: CAPTAIN KEITH WALL FROM: SGT. LES BRIDGER SUBJECT: LIQUOR LICENSE APPLICATION DATE: July 27, 1982 We have completed the record checks and background investigation of all the principals listed on the application submitted by the Brothers- in-Law Incorporated who later submitted a certificate of name change 'to Boardwalk Restaurants Incorporated. A letter dated July 15, 1982 from the law firm of Burstein and Douglas verified the name change and indicated that the principals, articles of incorporation and by- Laws remain the same. The location applied for is currently being occupied by the Brothers Restaurant. The above applicants have similarily applied for liquor licenses at the current sites of the Brothers Restaurants located in the regional shopping centers in Maplewood and Burnsville. Further investi- gation and contact with Officer Thomas Kelly (890-4100) of the Burnc- ville Department of Public Safety and Officer Thomas Hagen (770-4500) of the Maplewood Police Department revealed both had recently completed an extensive background and records check of the principals involved with this application. The result of their findingswere shared with me. Record checks and other sources find no negative comments which might be directed toward the above listed principals. gi I1J Q1 1' • • CITY OF EDEN PRAIRIE IN SUPPORT OF AN APPLICATION FOR ON-SALE OR SPECIAL CLUB INTOXICATING LIQUOR LICENSE Part I - General Information Directions: This form must be filled out in duplicate with typewriter or by printing in ink. If the application i_ ,.y a natural person, by such person; if by a corporation, by an officer, thereof; if by a partnership, by one of the partners; if by an unincorporated association, by the manager or managing officer thereof. 1. Name of applicant (name of individual, partnership, corporation or association): The Brothers-in-Law, Inc., a Minnesota corporation. 2. Name under which applicant will be doing business (name of restaurant, hotel or club), business address and telephone number: Full Name The Brothers-in-Law Business Address 2138 Eden Prairie Center Phone 941-5524 en rairie, IF BUSINESS IS TO BE CONDUCTED UNDER A DESIGNATION, NPJE OR STYLE OTHER T1iAN FULL INDIVIIUAL NAME OF THE A'PLICANT, ATTACH A COPY OF THE CERTIFICATE, AS REQUIRED BY CHAPTER 333, MINNESOTA STATUTES, CERTIFIED BY TrIE CLERK OF THE DISTRICT COURT. 3. Type of applicant: Individual Partnership XX Corporation Association or other k. Type of license applicant seeks? XX On Sale Special Club 5(a). If applicant is an individual, state full name., residence and business address and telephone numbers. Fuli Name Not Applicable. Residence Address Phone Business Address Phone (A ^art II - Personal Information form must be filled out and attached for this individual.) t Ntrii t • Residence Address Phone (A Part II - Personal Information form must he filled nut and attached for this individual.) 6(a). If applicant is a partnership, state full name, residence and business address, telephone numbers, and interest of each member of the partnership. 1. Full (fame Not Applicable. Interest Residence Address Phone__ Business Address one 2, Full (lame Interest `4 • Residence Address_ "hone business Address _ °hone 3. Full 'lame Interest Residence Address °hone Business Address Phone A. Full 'lame. Interest Residence Address Phone Business Address 'hone^ (A "art II - 'ersonal Information form must he filled out and attached for each of these individuals.) (b). Me managing partner will be: Not Applicable. (c). The full name, residence address and telephone rnirher of the manager, proprietor or other agent in charge of the partnership's ;.ra•:{sos to be licensed. Full Name Not Applicable. Residence Address Phone (d). The interest of each partner in this business (A Part II - Personal Information form must be filled nut and attached for this individual.) IF THE APPLICATION IS FOR A PAPTUERSIII", ATTACH A TRUE Ce"Y OF 111E PARTVERSIII' AGREfnCVT AND A C'1PY OF THE CERTIFICATE OF TRADE NAME UNDER PROVISIONS Pr CHAPTER 333, :Il!Y;ESrTA STATUTES, CERTIFIED BY THE CLCRK OF DISTRICT COURT. .')(a). If the applicant is a corporation or association, give name of corporation or association, Eden Prairie address and phone nu.+hrr, and I•r~ne office address and phone n.incer. ItH 'f L • • State of Inc. Flame The Brothers-in-Law. Inc. or Assoc. Minnesota Eden Prairie Address 2138 Eden Prairie Center "hone (612) 941-5524 Eden Prairie, MN 55344 Home Office Address 754 Twelve Oaks Center phone (612) 473-7315 Wayzata, MN 55391 (b), The full names, residence address and telephone numbers of all officers of said corporation or association. 'resident Charles R. Schwartz 2917 Sequoia Court Residence Address Burnsville, MN 55337 Phone (612) 894-7799 _ Vice President Residence Address Phone Secretary and Treasurer Sherman Richter 2200 Oregon Court Residence Address St. Louis Park, MN 55426 °hone (612) 545-1301 Treasurer Residence Address Phone (A Part II - Personal Information form must be filled out and attached for these individuals.) (c). The full names, residence address and telephone number of all persons who singly or together with their spcuse and his or her parents, brothers, sisters or children, own or control an interest in said corporation or association in excess of 5;;. 1, Full Name Charles R. Schwartz Interest Fifty (501 `+ 2917 Sequoia Court Pesiderce Address Burnsville, MN 55337 "hone (612) 894-7799 2, Full Name Sherman Richter Interest Fifty (501 2200 Oregon Court Residence Address St. Louis Park, MN 55426 °hone (612) 545-1301 3, Full 'Jaee Interest 2; Residence Address Phone 4. Full (Jane Interest Residence Address Phone (A lcrt II - Personal Information form must be filled out and attached for these individual;. id). The full names, residence eddress and telephone number of the manager, proprietor or other agent in charge of the corporation's or association's premises to he liceo ed, -3- Iu fl • 1 • Full dame Joel Ross Lalley 18424 Ridgewood Road Residence Address Wayzata, MN 55391 Phone (612) 474-4707 (A Part II - Personal Information form must be filled out and attached for this individual.) IF THIS APPLICATION IS FOR A CORPORATION OR ASSOCIATION, ATTACH A TRUE COPY OF THE ARTICLES OF INCORPORATION OR ASSOCIATION AGREEMENT AND 3Y-LAWS AND, IF A FOREIGN COR°ORATION, A CERTIFICATE OF AUTIIORITY AS DESCRIBED IN CHAPTER 303, MINNESOTA STATUTES. v(a). If the applicant is a club, name of club Not Applicable. date :hat club was first incorporated place of such organization ; present number of menbers ; the full names, position, residence address and phone number of all officers, executive committee and board of directors. 1. Full Name . Position Residence Address Phone 2. Full Name Position Residence Address ^hone 3. Full Name Position Residence Address Phone 4, Full Name 'osition Residence Address Phone 5. Full Name Position_ Residence Address Phone 6. Full 'lame Position_ Residence Address Phone 7. Full Name °osition Residence Address Phone 0. Full Name `- Position_ Residence Address Phone 9. Full Name Position___ Residence Address Phone ulR�ll -4- 10. Full Name Position Residence Address ______Phone (A Part I1 - Personal Information form must be filled out and attached for each of these individuals.) (b). The full name, residence address and telephone number of the manager, proprietor or other agent in charge of the club's premises•to be licensed. Full Name Residence Address Phone (A Part II - Personal Information form must be filled out and attached for this individual.) IF THIS APDLICATION IS FOR A CLUB, INCLUDE A TRUE CODY OF THE ARTICLES OF INCORPORATION AND BY-LAWS. THERE MUST BE SUBMITTED A SWORN STATEMENT THAT THE CLUB HAS DEEM I'l EXISTENCE FOR MORE THAN FIFTEEN YEARS AR, IN THE EVENT THAT THE A°°L1- CANT IS A CON RESSIONALLY CHARTERED VETERANS' ORGANIZATION, IN EXIS- TENCE FOR HO?E THAN TEN YEARS PRIOR T1 JANUARY 1, 1961. THE STATEMENT • SHALL DE MADE GY A PERSON WiiO HAS PERSONAL ICHGWLED;E OF THE FACTS STATED THEREIN. IN THE EVENT THAT Nn PERSON CAN MARE SUCH A STATEMENT, SATISFACTORY OOCuMENTARY PROOF MAY NE SUBMITTED IN SUPPORT of SUCH FACTS. 9. State the exact legal description of the premises to be licensed. (Applicant must also submit a plat plan of the area showing dimensions, location of buildings, street access, parking facilities and the locations of and distances of buildings, street access, parking facilities and the locations of and distances to the nearest church building and public school grounds.) Eden Prairie Center, legal description on file and of record within the Register of Deeds Office and City files. Floor plans were previously submitted within the application for license for The Brothers Restaurants, Inc. 10. Now arc the premises classified under the Village of Eden Drairie zoning ordinance? Commercial. 11. State full name, residence and business address and telephone numbers of owner or o:,ners of the building wherein the licensed business will he leeatoc!, if owner is other than the applicant. Full Name Homart Development Co. 44th Floor;—Sears rower amixbuscocAddress Chicago, IL 60684 Plume (3I2) 875-0144 Business Address Phone Full Mame ---___- Residence Address "r_ !'hone Business Address 'S' 149i e • • • 12. Where building is owned by other than applicant, state in summary conditions of lease arrangement - term of years, monthly rental, etc. (A true copy of the lease shall be attached.) Lease on file. Assignment to applicant will be filed upon receipt. 13. If building is owned by individual applicant, partnership, corporation of association, state: (a) Date purchased _ (b) Mame and address of person; purchased from (c) Purchase price $ ; (d) Amount of down payment $ (f) Who currently holds mortgage? (g) Amount of Contract for Deed $ (h) Who currently holds Contract for Deed? _ (i) Term of Mortgage (j) Term of Contract for Deed (k) Rate of interest on Mortgage (1) ?at: of interest on Contract for Deed (m) State the rate at which Mortgage and/or Contract for Decd is being liquidated (n) Are the payments on Mortgage and/or Contract fnr Decd up to date?_ 14. State the amount of the investment that the applicant has in the husieess premises, fixtures, furniture, stock in trade, etc. and attach supporting proof of the source of such money. See attached Exhibit A. • 15. Give full nave, address, telephone number and the nature of the interest, amount thereof, terns for payment or other reir"bursenort, of all persons, other than the applicant, who have any financial interest in the business, buildings, premises, fixtures, furniture, or stock in trade. (This shall include, het not be limited to, any lessees, lessors, mnrtgagcns, mortgagors, lendnrs, lien holders, trustees, trustors and persons .,ho have• co-signed notes or otherwise loaned, pledged, or extended security for any indebtedness of the applicant, but shall not include persons owning or controlling less than 5:1 interest in the business, if a corporation). See attached Exhibit A. -6- IF THIS APPLICATION IS FOR PREMISES EITHER PLANNED OR UNDER CONSTRUCTION OR UNDERGOING SUBSTANTIAL ALTERATION, THE APPLICATION SHALL BE ACCOMPANIED BY A SET OF PRELIMINARY CLANS SHOWING THE DESIGN OF THE PROPOSED PREMISES TO DE LICENSED. IF THE PLANS OR DESIGN ARE ON FILE WITH THE SUPERINTENDENT DF THE BUILDING DEPART- MENT, NO PLANS NEED BE FILED WITH ME APPLICATION. 16. State the floor number, general area, and rooms where intoxicating liquor is to be sold and consumed. (Applicant shall attach a floor plan showing dimensions and indicating number of persons intended to be served in the dining rooms, and indicating and identifying all other rooms and other areas where intoxicating liquor is to be sold and consumed.) 2138 Eden Prairie Center For further information, see floor plan attached to Liquor License Application for The Brothers Restaurants, Inc. 17. What permits required by the Federal government by the Laws of the United States have been applied for or issued for the premises? In what name were these applied for or issued and what is the nature of the permit? None at the present time, however, at the time of appropriate application, any permit will be issued in the name of The Brothers-in-Law, Inc. IC. What permits or licenses required by the State government by the Statutes have been applied for or issued for the premises? In what name were these applied for or issued and what is the nature of the permit or license? See response to 17 above. 19. Arc any real estate taxes, personal property taxes, special assessments, other financial claims of the Village of Eden Prairie delinquent or unpaid for the premises to be licensed? None If "yes", give details. 20. Is the premises located within 1000 feet of any public school? (This distance is as measured in a straight line from the parcel or lot upon which the busincrs to be licensed is Iocafed to the nearest point of the parcel or lot upon which the public school is Iocated.) No. • 21. Is the prcriisos located within 1000 feet of any church? (This,distinct is as measured in a straight line from the parcel or let upon which :hc business to be licensed is located to the nearest point of tha church huilding.) No. -7- • 22. If the premises is a hotel, is there a dining room, open to the public, with a minimum floor area of 900 square feet? Not Applicable. 23. If the premises is a restaurant, is there a minimum floor area of 1200 square feet for dining, open co the general public? See floor plans previously made of record within the office of the City Clerk for Eden Prairie. 24. Name, residence address, business address and telephone numbers of three persons, residents of (Hennepin County, of good moral cl;.ur ,actor, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant's character. 1. Name Paul Kunin 4310 West 25th Street phor.e(612) 927-7775 Residence Address Minneapolis, MN _ 5001 West 80th Business Address Minneapolis, MN Phone(612) 835-7292 2. Name David Cleveland • Residence Address 'hone 1801 Riverside Avenue (612) 34 3�05 Business Address Minneapolis. MN ^i;ene 55454 �-- 3. Name Sam Burstein 3300 Gettysburg Avenue South Residence Address St. Louis Park, MN 554B26 -9028 "hone Phon-7-7612)93346-9505 STATE CF MINNESOTA ) SS COUNTY OF HENNEPIN Charles R. Schwartz being first duly swore, upon his oath deposes and says that he is the person who has executed the hove_ application end that the statements made therein are true of his nr Ile e a het of Signed Li • ti Charle . Schwartz Subscribed and sworn to before me this ,5�/ _day of a �/� 1982 ` Q 4 Notary Public, County Ily commission c.:,ires 19__. NN'MM F,WILLIAf`"� �` S`„t NOTARY PUBLIC \1)� HENNEPIN(: NEN:- My CommiNwn EN,,. EXHIBIT A RE: Application--Liquor License The Brothers-in-Law, Inc. Applicant entered into a "package" transaction with The Brothers Restaurants, Inc. for the purchase of three locations of which this municipality is one. Although there were some internal formulas used for arriving at the overall package price, they are not indicative of the value of each store due to the various aspects taken into account. The overall package price was $770,000.00 which was obtained through the following sources: (a) $600,000.00, personally guaranteed, from Gelco Equipment Leasing Company, for a period of five (5) years payable at the rate of $15,540.00 per month for sixty (60) months, with the first and last two payments payable on closing; and (b) $170,000.00 pursuant to a five (5) year, personally guaranteed, installment note in favor of The Brothers Restaurants, Inc., payable at the rate of $3,000.00 per month following date of closing. In addition, Messrs. Schwartz and Richter are investing the sum of $100,000.00 obtained from personal funds. • • qq1 MEMO _ TO: Mayor and City Council FROM: Planning Department DATE: July 28, 1982 RE: W. 66TH STREET CONNECTION, KINGS FOREST Please note that the Planning Commission's action taken July 12, 1982 on the Kings Forest proposal was discussed on July 26, 1982 under II. APPROVAL OF JULY 12, 1982 MINUTES. After listening to the tape, the motion will remain as reflected in the July 12, 1982 minutes. Also, under V. OLD BUSINESS the Commission discussed the importance of City road connections. • William Bearman, Planning Commission Chairman, intends to be at the Tuesday City Council meeting to answer questions of the Council. JJ:sh t. �. E • ILHE Una p,ro. d Planning Co"uission Minutes -4- July 26, 198? MEMBERS ABSENT: Virginia Gartner 11. APPROVAL OF JULY 1.2,_1982 M1NU1ES Question was raised to the vote on Page b, 'vote on Amendment #2'. This will he listened to on the tape of the previous meeting. Marhula stated that if the motion vote tststands asos is, heiowould like it down for the record, that he pFov MOTION Torjesen moved to continue the approval of the minutes to the August 9, 1982 meeting for the correct vote on page 6, Vote on Amendment P2. Retterath seconded, wotion carried 6-0. All other corrections have been made._ V. OLD BUSINESS Sutliff stated he felt that when the Planning Commission is looking at road connections in projects, the Commission should look at the connection as it affects the entire City. He felt that an open roadway system is very important. Bearman agreed. Marhula expressed concerns that an alternate access should be provided in a neighborhood rather than only one access point. Hallett stated he felt that it is the people's choice where they want to live and stated that he felt that the people can be over-protected. 7orjesen stated he felt that there are two ways to consider road connections when a project comes before the Commission: 1) deal with the neighborhood and its lifestyle, etc.; 2) recognize that all kinds of neighborhoods feel the same way about living their own way. He felt that looking at Eden Prairie as a whole is important, but the concensus of the neighborhoods should be considered. The neighborhood's image should also be considered. Bearman agreed, but stated that the City has legal liabilities and stated that Public Safety needs more connecting through roads so they can serve the City better. Marhula stated that he felt that in the Kings Forest request, the West 66th Street connection might not have had very much of an effect on the area, but stated he felt that the residents would have found it to be a benefit. He stated that connecting one road can take traffic away from another. Bearnan stated that after looking back at the vote on Amendment €2 of Kings Forest, it ends up in favor of no connection, he would like to hold another public hearing. Johnson suggested a public meeting might be more appropriate. Torjrsen stated that that might he more useful. • • I40it Unapproved Planning Commission Minutes July 12, 1982 ALL MEMBERS PRESENT. B. KiNGS FOREST, by Centurion Company. Request for Guide Plan change of approximately 70 acres from low to medium density residential, Planned Unit Development approval of 31 single family and 153 townhouses, rezoning of 15 acres from Rural to R1-13.5 and 33 acres from Rural to .RM 6.5, preliminary plat approval over the 70 acres, possible variances from the R1-13.5 and RA1 6.5 Districts, and approval of an Envir- onmental Assessment Worksheet. Located west of Baker Road and Crosstown Baptist Church, south of St. John's Woods, and east of West 66th Street's easterly terminous. A public hearing. Bastyr reviewed the originally proposed plans and stated that the Hennepin County map has been found incorrect in the location for the school. The new plan increases the unit count from 185 to 205 units - 199 multiple and 6 single family. Johnson reviewed the staff report dated 7/9/82 and stated that the density has not changed from 2.9 units/acre. She stated that staff supports the connections of West 66th Street and St. John's Drive. Hallett asked if St. John's Drive will be a knock-down barrier. Johnson replied staff supports a through road. Marhula asked if the Kings Forest/St. John's connection is a private street. Johnson replied yes. Bastyr replied that variances would be requested. Bearman asked if the connection meets the existing grade. Johnson replied that it would go down to match. Sutliff stated he had concerns regarding the roadway connection to St. John's Woods. Marhula expressed concern regarding a potential dead-end. Bearman asked the length of the north/south road through Kings Forest. Bastyr replied 700'. Bearman recalled that the ordinance allows 500' and asked if that is correct. Johnson replied yes. Gartner stated she felt that it would be too long of a cul-de-sac. Bastyr replied that it would be a temporary situation. Woodrow Bjork, 14302 Stratford, stated he felt that the West 66th Street connection would be unnecessary and stated he is opposed to it. • Hanley Anderson, 6581 Manchester, felt that the cul-de-sac is too long and asked if the proposed multiple could be changed to single family. Marhula stated that placing single family there will create more traffic in the neighborhood. He supported the loop road and stated that if it did not get built, the road would become a 500.-700' long cul-de-sac. it r\,r\ .. Unapproved Planning Commission Minutes -5- July 12, 1982 • • • Torjesen stated he could not see the need for two road connections and stated he was not pursuaded that Kings Forest needs two western accesses. Bearman stated he felt that traffic would travel to Baker Road because it would be quicker. Marhula stated that this plan could be approved with the provise that the cul-de- sac will not exceed 500'. Bastyr asked the Commission, (if they are acting on the original plan) to act on the preliminary plat that it either be looped to Eden Prairie Fartnership or looped back. Johnson stated if police or fire needed to get to the site without the West 66th Street connection, it would take them longer. Bearman stated he felt the road connections are needed. Roger Sandvick, 14280 Stratford, stated he was opposed to the road connection and asked that a roll call be taken. Bearman stated the Planning Commission makes a recommendation to the City Council and suggested that the residents get together and write a petition and submit that to the City Council. Dick Sathre, 6511 Manchester Lane, suggested a break-down harrier be placed at the West 66th Street connection point. Retterath expressed her concerns regarding the need for accesses and stated she felt that the road connections are needed. Hanley Anderson stated if the West 66th Street connection was made, residents would travel through the neighborhoods to get to the PDQ Store. Hallett stated he felt that the West 66th Street connection was not needed, and stated he likes the road ending up in a cul-de-sac. Louis Kenny, 6617 Manchester Lane opposed the connection. Bearman stated that he felt that the overall loop road back to Baker would never be built. Phil Mauer, 14202 Manchester, stated he felt the Planning Commission was over- reacting to the Police and Fire Chief reports. MOTION 1 • Marhula moved to close the public hearing on Kings Forest. Torjesen seconded, motion carried 7-0. MOTION 2 Marhula moved to recommend to the City Council approval of the Comprehensive Guide Plan change from low to medium density residential as per the original plans dated 3/24/81 and the 6/25/82 staff report and the 7/9/82 memo with the following change to the 6/25/82 staff report: 1. The St. John's Drive connection should be eliminated and maintain the road as a private road with a break-down barrier constructed. Unapproved Planning Commission Minutes -6- July 12, 1982 DISCUSSION _AMENDMENT Torjesen moved that West 66th Street connection to the west be eliminated and that development cannot occur beyond phase one before a connection is made to the west. Once a connection is made to the west, either the entire loop road must be completed to Baker Road or the developer can extend 5D0' beyond that connection. Marhula stated he would prefer to vote on the two items separately. Torjesen withdrew his amendment. AMENDMENT #2 Torjesen moved that the West 66th Street connection to the west be eliminated. Hallett seconded. DISCUSSION Sutliff stated that Kings Forest Road does not have to go through. at this time if there is a secondary connection. Marhula stated that the original motion (motion 2) says that Kings Forest will extend through the property. Vote on Amendment #2 Amendment carried 4-3. Sutliff, Retterath and Bearman voted no. AMENDMENT #'3 Hallett moved that all lots be eliminated 500' south of the east/west connection. Gartner seconded. DISCUSSION Torjesen stated he intended to vote no because 22 lots will be lost. Vote on Amendment 113 Pnendinent failed 3-4. Bearman, Sutliff, Marhula and Torjesen voted no. AMENDMENT #4 Hallett moved to allow the developer to make up the density he would be loosing by the elimination of the southern 22 lots except the six lots bordering the property line. Torjesen seconded. DISCUSSION Marhula stated he felt it might be difficult to place more units in the approved section of the plan. �jJZ 1 J:.apprcerrd Planning Commission Minutes -7- July )2, 1982 • • Vote on fa:ieni.ient_ '4 'Amendment failed, 2-5. Hallett and Retterath voted aye. AMENDMENT TO ORIGINAL MOTION 2 j'arfiula scaled he would add allowing a temporary road not to exceed 500' length of the temporary cul-de-sac. Torjesen accepted the change. VOlE ON ORIGINAL MOTION Motion carried 4-3. Retterath, Beaman and Sutliff voted no. Retterath voted no because she felt the West 66th Street connection, is needed. Sutliff agreed. Beanr,an also agreed with that, and stated that he felt that the only portion of the site that will be developed will be the first phase and the rest of the site will sit undeveloped. 1.10110N 3 I'arhula moved to reconrnend to the City Council approval of the Kings Forest PUD Concept as per the original plans dated 3/24/81 and the 6/25/82 staff report and the 7/9/82 memo with the same additions and/or changes in motion 2. Torjesen seconded, motion carried 5-2. MOTION 4 Marhula moved to recommend to the City Council approval of the rezoning from Rural to R1-13.5 and RM 6.5 for 31 single family and 153 multiple as per the original plans dated 3/24/81 and the 6/25/82 staff report and the 7/9/82 memo with the same additions and/or changes as in motion 2. Sutliff seconded, motion carried 5-2. Retterath and Beaman voted no. MOT I ON 5 Rarhula moved to recommend to the City Council approval of the preliminary plat dated March 24, 1982 as per the original plans and the 6/25/82 staff report and the 7/9/82 memo with the same additions and/or changes as in motion 2. Sutliff seconded, motion carried 5-2. Retterath and Beaman voted no. MOTION 6 Marhi,la moved to forward to the City Council the EAW finding of no significant impact. Torjesen seconded, motion carried 7-0. Unapproved Planning Commission Minutes June 28, 1982 MEMBERS ABSENT: Robert Hallett & Liz Retterath C' KINGS FOREST, by Centurion Company. Request for Guide Plan change of approximately 70 acres from low to medium density residential, Planned Unit Development approval of 31 single family and 153 townhouses, rezoning of 15 acres from Rural to R1-13.5 and 33 acres from Rural to RM 6.5, preliminary plat approval over the 70 acres, possible variances from the R1-13.5 and RM 6.5 Districts, and approval of an Envir- onmental Assessment Worksheet. Located west of Baker Road and Crosstown Baptist Church, south of St. John's Woods, �• and east of West 66 Street's easterly terminous. A public • hearing. The Planner referred the Commission to the staff report and the letters from Captain Wall and the Fire Chief supporting through roads. Len Thiel, Centurion, 15500 Wayzata Blvd. , stated that they have met on three occasions with the neighborhood. Ron Bastyr, McCombs-Knutson, stated this is a 70 acre site, he noted the surrounding uses of Kings Forest school, residential, and St. John's townhouses. They removed three strPets previously planned to connect: Fr•a.iklin National Bank connection West 66th Street, and St. John's Drive. Access is proposed as a loop street from Baker back to Baker Road. Next to St. John's will he single story brick homes, with separate garages, and entrance. The other units are two story townhouses of brick and cedar, with attached and detached garages with separate entrance and patio. Plan includes a 22 acre park which acts as a buffer, open space and floodplain. The red and white oaks southwest of St. John's will be preserved. Ron Bastyr felt the road plan responds to existing residents' requests. Cul-de-sac at St. John's south border would have knockdown harrier. He reviewed the staff report recommendations stating he agrees with items: 5-10, 12-15, 17, 19 and 20; disagrees with items 4, 11, and 18; and has neither a positive or negative feeling about items 1-3, and 16. The Planner reviewed the staff report recommendations. He then referred to a Hennepin County drawing, delivered today, for additional right-of-way. He suggested the proponent dedicate 17' additional right-of-way, and proponent and County should negotiate on amount of curve dedication. Purposes for planning connection of streets are: Public Safety survelliance and efficiency, emergency response, street maintenance, school bus efficiency, and utility connection. The Planner recommended that Black Cherry Court should be the western border of phase one otherwise too many units would be on a 75D' long temporary dead end street. He also reco::mo.nded multiple driveways 25' in length from garage to curb whether street is public or private,and additional outside spaces are needed. He believed a number of Basswoods will be lost and suggested a tree survey prior to Council review so preservation of trees and construction limits can be assessed. .approved Planning Commission Minutes -3- June 2B, 1982 The Planner noted that Forest Hills School is located approximately 25' from the property line. This would mean one half of the road right-of-way from the City property is not possible. The desireability of single family lots looking into the school loading dock and encroaching in floodplain may not he desireable and if unbuildahle, could he combined with Outlot A and units credited to the multiple portion. Staff suggested totlot in the northeast area. If dedicated land is used in a density transfer, the units are not exempt from the cash park fee. To conform to the Slioreland Management Ordinance, buildings must be 150' from the creek. Sutliff asked if St. John's Drive is a public or private drive. The Planner replied St. John's Drive is public and the other roads in the development are private. Torjesen asked if the road adjacent to the school always has been in the City plan. The Planner replied approximately 9 years ago West 66th Street was viewed as a through street. Torjesen inquired if the proponent must give up significant area for road right- • of-way, and if the City could give land to the developer for lots. Bearman questioned if the City would build West 66th Street without development here; and because of single family glut on the market, perhaps other road connections would be important - not West 66th Street. He believed each road has significant factors for connection and no single connection will serve the area's transportation circulation. Bearman suggested the single family east of West 66th Street be eliminated, West 66th Street conneL t to proposed Kings Forest Drive, but not continue to Baker, instead direct it northeast to Forest Hills Road. Torjesen noted that the single family east of West 66th Street also is sandwiched between the school land and the proposed dedicated Outlot A. He stated his concern that residents want private neighborhoods but our problem is to develop a viable plan, while maintaining some privacy for neighborhoods. Bearman believed enough meandering roads exist now, and stated he would not want to hear of a life lost because of extra minutes of travel time. Torjesen asked if 25' on drives can be designed without unit loss. Bastyr re- sponded yes noting it may eliminate some more trees. Bastyr stated that phase one to the creek not to Black Cherry Court is important because of the amount of street to be constructed and he noted the density is only 2.6 units/acre. John Palm, 6389 St. John's Drive noted they have less break-ins because of their single entrance and slower traffic. He objected to connection to Kings Forest Drive. Presently there is a 'T' turn around at south end of St. John's Drive. He also objected to connection because of street name difference and problems they lay have with through traffic. He said he would be willing to have a breakdown harrier at the south end of St. John's Drive. i oc { a prt. Planning Cosmission Minutes -4- June 28, 19, Hanley Anderson, 6581 Manchester Lane, did not want the West 66th connection because of impact on their neighborhood. Dick Sathre, 6511 Manchester Lane, stated they have not had any problems to date with emergency access and did not want West 66th Street connected. Jan Anderson, 6591 Manchester Lane, stated that children have to cross Baker Road and Holly Road which are busy. This project will add more busy streets. She was opposed to connecting streets. • Louis Kenny, 6617 Manchester Lane, felt that a cul-de-sac would be safer then a through street. He was opposed to the West 66th Street connection. Gloria Allen, 6700 Canterbury Lane, did not feel that West 66th Street needed a connection and felt that the loop would be adequate for safety. Marhula asked the trip circulation expected on West 66th Street if connected. The Planner replied it basically serves the neighborhood - it would not be designed as thoroughfare to any attraction, i.e., shopping. Dick mess, 6627 Manchester Lane, felt the continuation of West 66th Street could be a thoroughfare to the Edenvale area. H. Anderson, 6301 St. John's Drive, stated he felt that the trips will be going to the Shopping Mall. Sutliff suggested that the City could request the surcharging of West Cardinal Creek Road concurrent with phase one. The Planner replied that it would be a good suggestion. Torjesen stated he would like to have staff and the developer negotiate the road locations and connections discussed tonight. Marhula stated he supported the idea, but felt that action could be taken on phase one tonight. Thiel stated he was surprised to learn that the school is approximately 25' from the road. Bastyr felt that the proposed single family would be marketable and did not want to lose any units. MOTION Torjesen moved to continue the item to July 12, 1982 in hope of the City and proponent being able to resolve in regards to item 11 of the staff report and the road connections. Sutliff seconded, motion carried 5-0. �JU�a MEMO TO: Planning Commission FROM: Chris Enger, Director of Planning DATE: July 9, 1982 PROJECT: KINGS FOREST BACKGROUND We have been working with the developer regarding revisions to Kings Forest Addition. You will receive copies of the revised plan Monday evening. Briefly, the plan illustrates continuing Kings Forest Road westerly through the Eden Prairie Partnership property. The Staff feels this is critical. The second change is the elimination of 26 single family lots on the south. side of the project, north of Forest Hills School. The Staff supports this change as a real improvement to the School/Park.area. The additional open space created would be dedicated to the public, Since single family lots zre being eliminated, the developer is replacing them with clustered attached single family on the western portion of the project. There will, however, be six single family lots left to back up to existing single family along Manchester Lane. The direct extension of West 66th Street out to Baker Road past Forest Hills School, will be eliminated in the alternate plan, and replaced with a more indirect 'T' connection up to Kings Forest Road. Total multiple family units would increase from 153 to I99 and single family decrease from 31 to 6 for a total net increase of 21 units, increase in gross density from 2.62 units/acre to 2.93 units/acre. There would be an additional increase of approximately 5 acres of open space. There would be an elimination of about 1400 lineal feet of roadway. All in all, there would be more open space, less road, and units more eff- iciently served. There would be 134 units east of the creek and 71 units west of the creek. RECOMMENDATIONS The Planning Staff recommends approval of the revised development plan dated 7/9/82, request for Comprehensive Guide Plan change from low to medium density residential, rezoning of 199 units, approximately 38 acres, from Rural to RM 6.5 and rezoning of 6 lots, approximately 5 acres, from Rural to R1-13.5; preliminary platting for I99 attached single family and 6 detached single family; and approval of an EAW subject to the following: • Memo-Kings Forest page 2 1. The alternate development plan is recommended for approval. 2. Units east of the creek would constitute phase one, but the creek crossing subgrade must be installed with road construction of phase one. 3. Other items as recommended in the 6/25/82 planning staff report. CE:sh • • I .J� • • STAFF REPORT TO: Planning Commission FROM: Chris Enger, Director of Planning DATE: June 25, 1982 • PROJECT: KING'S FOREST LOCATION: North of Forest Hills School, west of Baker Road • APPLICANT AND FEE OWNER: Centurion Company REQUEST: 1. Change of Comprehensive Guide Plan for 70 acres from low density residential and open space, to medium density residential and open space; • 2. PUD Concept approval of 184 units (31 single family, 153 multiple family) on 48 acres and 22 acres of open space; 3. Rezoning 14.8 acres from Rural to R1-13.5 for 31 single amily lots and rezoning 32.6 acres from Rural to GM 6.5 fcr 153 attached units for a total gross density of 2.63 units/ acre and a net density of 3.83 units/ acre; 4. Preliminary platting of 262 lots for 153 attached units, garages, and com- . mon area; 31 single family lots and, Outlot A (to be dedicated to City); 5.. Approval of an Environmental Assess- ment Worksheet finding of No Sig- . nificant Impact. • COMPREHENSIVE GUIDE PLAN The Guide Plan shows the floodplain in this area as open space and the balance as low density residential. SURROUNDING LAND USE The project is bordered on the northwest by proposed industrial, and on the southwest by single family, on the south by Forest Hills School Park, and on the northeast by St. John's Woods townhouses. The project is . bordered on the east by Baker Road and the project surrounds on three sides, the Crosstown Baptist Church. The proposed plan: 1) saves the majority of the floodplain; 2) borders the existing single family and school/park area with single family lots; 3) borders St. John's Woods, and the church and industrial areas with multiple (at 4.7 units/acre). The project is separated from the industrial areas by grade changes (bevies) of about fifteen feet in height. Additional landscaping is proposed to reinforce this buffer. I Staff Report-King's Forest page 2 TRANSPORTATION Tic:cess to the site initially will be from the northern entrance to Baker Road only. This access is generally located acceptably to the County, but a detailed access permit will be necessary. The developer proposes to con- struct 134 units (units east of Nine-Mile Creek) with one access only. From Baker Road, there would be a dead-end street 1000 feet long. Twelve units would take access from private drives from the end of this dead-end street and fourty-five units would take private drive access from the public road at a point 750 feet west of Baker Road. The total loop street which would serve the entire development is approximately 4,100 lineal feet. It is of concern that 72% of the project (134 units) is proposed to be built on 24% of the total street. This leaves fifty units (28%) to pick up 66% of the street. While approximately 50% of the 1800 feet of the south leg of the loop will be an obligation of the City and School ''istrict, there is still a considerable expense in street construction that is not being proposed concurrent with the majority of the development. Since the market for reasonably priced townhomes is probably stronger than for custom single family lots, the ultimate timing of this final loop connection is questionable. A better balanced first phase, more proportional to.only one major access would be the construction of the two clusters of units closest to Baker Road (units served by Red Cedar Circle, Aspen Lane and Wood Duck Lane), and the small cluster of units served by Hickory Court. Construction of these units would comprise approximately 50% of the proposed 153 multiple units. Completion of the road system, north to St. John's Drive is important. St. John's Drive was platted to continue to the south as a fifty foot right-of-way. St. John's Drive is a standard City street with curb and gutter and has no driveways backing directly out onto it. Setback variances were given, however, ranging from twelve to twenty feet to the right-of-way line. The units are a minimum of seventy-five feet apart with the road running between them. _This dimensioning situation can be duplicated in the King's Forest plat to allow for this planned road connection to take place. Although significant additional through traffic will not occur, the connection is important from a public service and neighborhood cir- culation standpoint. The public street could then extend 500 feet further west of the inter- section of St. John's Drive and the proposed King's Forest Drive. The Comprehensive Guide Plan clearly shows an east/west road through this project from Baker Road west to Cdenvale Blvd. Connection of this road should be made and could provide the second access necessary for the balance of the multiple units. In the event that the road has not been extended from the west in time for second phase construction, the balance of the loop road would have to be constructed or a connection south and west to West66th Street would be applicable. Connection of the proposed King's Forest Road, east to west through the site would require 180D feet of road, but would serve 151 of the total 184 units. The balance of the loop road would be built with the development of the single family lots or the road could be extended first clown to West Ci?h Street and later cast to Baker Road to serve the balance of the single family lots. • Staff Report-King's Forest page 3 To summarize: 1. St. John's Drive should extend as a public street, down into this development as originally planned, 2. There should be a continuous east/west road connection as shown in the Comprehensive Guide Plan. 3. West 66 Street should be connected as originally planned. 4. Phase one development should consist of no more than 50% of the multiple units without a connection: a) west to Edenvale Blvd; or b) south and west to W. 66 Street; or c) looped south and east back to Baker Road. The alignment of the southern leg of the loop road, (proposed West 66th Street) contemplates dedication of only one-half of a sixty foot right-of-way. However, the Forest Hills School Building is within twenty-five feet of the property line,Wiich Hakes this realignment necessary for the road in the area of Lots 16-21, Block 3. This realignment will require shifting of several lots eighty feet to the north which may bring them in conflict with the floodplain. PARKING The n�tiple units proposed are basically two types: 1) larger buildings with six, ten, eleven, or twelve units, (two story units), with an average of one and one-half garages per unit; 2) single story units, two, three, four, and five in a cluster with double car garages for each unit. For the units with one garage space, an additional exterior space will have to be provided above a single driveway in order that the single car garage may be counted as unobstructed as required by our ordinance. The units with double garages and double driveways are in conformance with our ordinance. • Other than driveway parking, no additional guest spaces are provided anywhere on the development plan. fn no case should a unit have less than a twenty foot long driveway from the garage to the street or private lane. This will insure that at least one car length is possible in the driveway. All parking shall be screened from the proposed King's Forest Road. The first duplex south of King's Forest Road on the west side of Black Cherry Court should be reoriented so that its driveway does not face into the intersection. SITE CHARACTER• Nine Mile Creek traverses the center of the site from northwest to southeast and takes up almost 50% of the site with floodplain. There is a large glacial moraine which projects from the north into the center of the project; it is the extension of the high knoll west of St. John's Woods. The Vegetation Analysis, included in the Development Brochure, clearly delineates the vegetation type. Because of the proposed grading, the majority of the basswood stand will be destroyed, however, most of the oaks will remain in tact. Staff Report-King's Forest • page 4 The site is generally lower than Baker Road and a 6% slope on the north leg of the loop road will be required several hundred feet to the west. The area to the north of the Crosstown Baptist Church will be generally filled between ten and fifteen feet. This filling is done in order to allow the housing clusters adjacent to St. John's Woods to adhere closely to existing grade. Some retaining wall work may be necessary west of the northern housing cluster in order to preserve the oak trees. Filling will be done in the floodplain in order to accommodate many of the single family lots, and parts of the multiple family clusters off of: Hickory, Black Cherry, and Blue Heron Circle. SHORELAND MANAGEMENT, FLOODPLAIN Floodplain is being filled to accommodate the single family lots on the southern portion of the project. Additional fill will be required if lots are retained in the area north of the school as the road alignment • shifts. Floodplain is being filled to accommodate the road crossing of Nine Mile Creek and the attached housing clusters on either side of the crossing. The percentage of total floodplain area to be filled was not supplied by the developer and has not been determined. The floodplain is at. an COG elevation at the northwest corner of the property and drops two feet in every 500 feet toward the southeast corner of the property at Baker Road to an 875 elevation. Outlot A is the floodplain area south of King's Forest Road (proposed). The floodplain area north of the road is to be retained privately as open area. The City should be given a trail easement across this Lot 20, Clock 1. The single family lots along the creek side of the loop road are not in conformance with the minimum width of the Shoreland Management Ordinance. The Shoreland Management Ordinance requires a 120 foot minimum width. These lots are 90 foot minimum width. In addition, there is a 100 foot minimum setback. Some of the lots north of the school may not meet this setback. Lots 16-21, Block 3 may ultimate- ly have to be eliminated, because of: 1. Conflict with the Shoreland Management Ordinance setback. 2. Conflict with, and amount of fill in, the floodplain. 3. Conflict with the road alignment which should shift approximately eighty feet north. 4. Visual conflict with the back of the school. • Staff Report-King's Forest page 5 If these lots were eliminated, their area could be platted as part of Outlot A, which would provide an open space connection between the school and the creek valley, and would provide a buffer area from the residential area to the school. In addition, with 2400 feet of Shoreland on the south side of the creek, with twenty lots remaining, the average gross width.per lot would meet the ordinance. The multiple units meet the 50% ratio of building to shoreland length specified in the ordinance, but several units are within 100 feet of the creek. Since the minimum setback for attached dwellings is 150 feet, the plan will have to be modified. PARKS AND TRAILS There should be a five foot wide concrete sidewalk constructed in the right-of-way of the loop road. A totlot should be constructed somewhere centrally located to the multiple units east of the creek. The number of residential units proposed is 2:63 units/acre which is higher than the two unit/acre maximum in the low density category. That is why a medium density designation is being sought. However, in a straight density transfer, open space which is created may be privately held. Since 22 acres of open space (Outlot A) is being conveyed to the public, some density bonus is reasonable. Since 31% of the land is being dedicated to the public, a 31% density bonus, (in light of a well done land use plan) is reasonable. This would amount to 31% of 2 units/acre for 70 acres, or 44 units, bringing the total to 184 units. • Since the open space is being utilized for a density bonus, there is still a park obligation. Therefore, the cash park fee is applicable to this project. VARIANCES Variances required by this development and possible through the PUD procedure are: 1. Exterior material variance to allow wood. 2. Zero lot line setback variance for attached dwellings. 3. Minimum lot size variance from the 6,500 sq. ft. minimum for the attached units. 4. Front yard setback variances for the units along Red Cedar Circle (St. John's Drive extended) from thirty feet to fifteen foot minimum. RE.COMirNDATiONS The Planning Staff would recommend approval of: I) the Comprehensive Guide Plan change from low density to medium density residential; 2) the PUD Concept plan approval for attached and detached residential and open space; 3) the rezoning from Rural to R1-13.5 for 14.8 acres and from Rural to RM 6.5 for 32.6 acres; 4) the preliminary platting of King's Forest; and 5) finding of No Significant Impact subject to the following: • Staff Report-King's Forest page 6 1. St. John's Drive should be extended to the south as a public road. 2. West fth Street should be connected to the west. 3. King's Forest Road (proposed) should be connected to the west (Edenvale Blvd. extended). 4. Development from the Baker Road northern access should not exceed 50% of the proposed multiple units prior to a connection to the west or the completion of the loop to the south and east. 5. No driveway shall be less than twenty-five feet in length from garage to edge of private or public roadway. • 6. Parking shall be provided and screened according to ordinance. 7. The multiple area west of the creek will have to be redesigned to accommodate the east/west road connection. 8. The construction limits shall be clearly denoted in a drawing prior to Council review indicating trees to be removed and trees to be saved. Approved construction limits must be fenced in wooded areas prior to construction to preserve all trees expected to be saved. 9. Floodplain line shall be clearly depicted on the grading plan prior to Council review and percentage of floodplain encroachment given. 10. West 65thStreet on the southern border of the project must be realigned in the area of the school to resolve conflicts. 11. Lots 16-21, Block 3, should be removed and platted as part of Outlot A. 12. A five foot wide sidewalk must be constructed in the right-of-way of the loop road. 13. A totlot must be constructed centrally located to the multiple area east of the creek. 14. The driveway for the duplex off of Black Cherry Court should be realigned away from the intersection. 15. The cash park fee is applicable to this project. 16. Access to Baker Road shall be according to Hennepin County. Additional right-of-way for Baker Road shall be platted adjacent to Baker Road opposite Cardinal Creek Road and shall be dedicated as required by the County. 17. Filling in the floodplain is subject to review and approval of the Nine Mile Creek Watershed District. Erosion and sedimentation control plan must be submitted. • I1)1 t • Staff Report-King's Forest page 7 18. Project must be modified to conform to Shoreland Management Ordinance. 19. Detailed review and approval of utilities plan by the City Engineering Department. Additional catch basins and storm sewer will probably be required, spacing is not according to City standard. Looping of all waterniains is required, including private streets. A street 'lighting plan must also be submitted to Engineering Depart- ment. Private streets must be bonded for a five year period. Curb and gutter is required on private streets as a part of the drainage plan. PO, The following variances shall be granted pursuant to Ord. 135, Sec. 11: a. Exterior material variance to allow wood. b. Zero lot line setback variance for attached dwellings. c. Minimum let size variance from the 6,500 sq. ft. minimum • for the attached units. d. Front yard setback variances for the units along Red Cedar Circle (St. John's Drive extended) from thirty feet to fifteen foot minimum. Ct:sh • j June 25, 1982 TO: Chris Enger, City Planner FROM: Ray Mitchell, Fire Chief SUBJECT: New Kings' Forest Addition I have reviewed this project with Phil Mathiowetz, our Fire Marshal. It is our feeling that it is imperative that the streets at West 66th Street and St. John's Drive be connected. The connection of these streets would allow proper access for emergency vehicles. If the streets are left dead ends, emergency vehicles could be unduly delayed and the impending results could lead to unnecessary property loss or a tragic loss of life. • Also, dead end streets provide a greater hazard to emergency equipment, emergency personnel and bystanders due to the fact that neither of the proposed dead ends have adequate turn-around facilities for our vehicles. This means that trucks must be either backed in or out of an emergency scene. This could lead to unnecessary damage or injury. If you have any questions, please feel free to contact Phil or me. 1 1 MINNESOTA ENVIRONMENTAL QUALITY WORKSHEET 1 ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) ANO NOTICE OF FINOINGS • I DO NOT WRITE IN THIS SPACE E.R. 0 NOTE: The purpose of the Environmental Assessment Worksheet (EAW) is to provide information on a project so that one can assess rapidly whether or not the project requires an Environmental Impact Statement. Attach additional pages, charts, maps, etc, as needed to answer these questions. Your answers should be as specific as possible. Indicate which answers are Iestimated. . I. SUMMARY A. ACTIVITY FINDING BY RESPONSIBLE AGENCY (PERSON) 1 X Negative Oeclaration (No EIS) EIS Preparation Notice 1 — (EIS Required) IB. ACTIVITY IOENTIFICATION • 1. Project name or title: KINGS FOREST 1 2. Project proposer(s): Centurion Company Address: 742 Twelve G7acs%enter, 15500 wayzata d1vd., Wayzata Telephone Number and Area Code (612) 475-1700 MN 55391 I 3. Responsible Agency or Person: City of Eoen Prairie Address: 8950 County Road 4,coen Prairie, MN 5534.) Person in Responsible Agency (Person) to contact for further information on this EAW: • Cnris Enger, Oirector of Planning, City of Eden Prairie Telephone: 612-937-2262 4. This EAW and other supporting documentation are available for puolic inspection and/or copying at: Location: City Hall, City of Eden Prairie Telephone:6T2-937-2262 Hours: 8:00 a.m. - 4:30 p.m. Monoay through Friday 5. Reason for EAW Preparation - X Mandatory Category - Cite _ Petition _ Other ' MEQC Rule Number(s): MEQC24-B.1 C. ACTIVITY OESCRIPTION SUMMARY' 1. Project location County Hennepin City/Township name Eden Prairie Township T7o.—116 (North), Range No. 12 West East or West (circle, Section No(s) 3 Street Address (if in city) or legal description: I 1 Is1 I 1 Legal Description • I 1 , C . I 1 I (SEE ATTACHED) • • I I I I I I I I I i 2 I`.) 2. Type and scope of proposed project: Single family attached and detached units, totalling 184 units spread over 70 acres. Also, one park area to remain untouched as a natural environment park 3. Estimated starting date (Month/Year) August, 1982 4. Estimated completion date (Month/Year) August., 1963 5. Estimated construction cost $2,0OU,UJU 6. List any federal funding invoiveo and known permits or approvals needed from each unit of government and status of each: Unit of Government Name or Type of Permit/Approval Status (federal, state, or Federal Funding regional, local) State MWPCA - Sewer Extension Required, not yet applied for State Dept. of Health - Required, not Watermain Connection yet applied for Local Nine Mile Creek Watersned, Pending Local City of Eden Prairie - Preliminary Plan Pending - Final Plan Required, not yet applied for 7. If federal permits, funding or approvals are involved, will a federal EIS be prepared under the National Environmental Policy Act? X No Yes Unknown II. ACTIVITY DESCRIPTION A. Include the following maps or drawings: 1. A map showing the regional location of the project. 2. An original 8-1.2 x 11 section of a U.S.G.S. 7-1/2 minute, 1:24,000 scale map with the activity or project area boundaries and site layout delineated. Indicate quadrangle sheet name. (Original U.S.G.S. sheet must be maintained by Responsible Agency; legible copies may be supplied to other EAW distribution points). 3. A sketch map of the site showing location of structures and including significant natural features (water bodies, roads, etc). 4. Current photos of the site must be maintained by the Responsible Agency. Photos need not be sent to other distribution points. B. Present land use. 1. Briefly describe the present use of the site and lands adjacent to the site. 3 'tilt) 9. • Currently the site is void of structures. The property has not been actively farmed in the recent past. Adjacent to the northeast corner, west southwest corner, and southeast corner, single family development has occured all in Eden Prairie. 2. Indicate the approximate acreages of the site that are: • a. Urban developed - acres b. Urban vacant - acres c. Rural developed - acres d. Rural vacant 70 acres e. Designated Recrearion/upen Space • 25 acres f. Wetlands (Type III, IV, V) 20 acres g. Shoreland 177 acres h. Floodplain 30 acres i. Cropland/Pasture land - acres j. Forested 15 acres 3. List names and sizes of lakes, rivers and streams on or near the site, particularly lakes within 1,000 feet and rivers and streams witnin 300 feet. Nine Mile Creek traverses the site. C. Activity Description 1. Describe the proposed activity, including staging of development (if any), operational chaffdctelistics, and major types of equipment and/or processes to be used. Include data that would indicate the magnitude of the proposed activity (e.g. rate of production, number of customers, tons of raw materials, etc). Development Method - single family attached and detached units are proposed for the property. Park area is proposed as a . natural environment park and consists of approximately 22.6 acres. Development Timing - It is the intent of the owners that site gtaoingoegin during the 1982 construction season. Utility construction is anticipated in 1983. Dccupancy of the area and actual building construction would take place over a three to four year period as the market dictates sale of the units. 2. Fill in the following where applicable: a. Total Project area 70.0 acres or miles. b. Number of housing or recreational units 184 c. Height of structures 30 feet. d. Number of parking spaces N/A . e. Amount of dredging None cubic yard. f. Liquid wastes requiring trealment 58,880 gallon/day. g. Size of Marina and access N/A squareTeet channel (water area) 4 ;r 1 1 h. Vehicular traffic trips generated per day 1090 ADT. :1 , i. Number of employees . N/A . j. Water supply needed /S,6UU gallon/day. Source: City of Eden Prairie k. Solid wasTe requiring disposal 430 tons/year. 1. Commercial, retail or industriaT—floor space N/A square feet. III. ASSESSMENT OF POTENTIAL ENVIRONMENTAL IMPACT 1 • A. SOILS AND TOPOGRAPHY 1. Will the project be built in an area with slopes currently 1 exceeding 12%? No X Yes 2. Are there other geologically unstable involved in the project, such as fault zones, shrinkswell soils, peatlands, or sinkholes? No X Yes • 3. If yes on 1 or 2, describe slope conditions or unstable area and any measures to be used to :aduce potential adverse impact. Required measures to reduce adverse impacts resulting from development of slopes include: 1 1) Tne erosion and sediment control plan will be submitted in accordance with Watershed Policy. 2) Existing trees and brush or shrubs will be preserved where possible to prevent erosion. 3) Revegetation will take place after grading is complete. 4) Sediment control devices will be placed along slopes where erosion and sediment potentials are high. 4. Indicate suitability of site soils for foundations, individual septic systems, and ditching, if these are included in the project. 1 The major soils encountered on the site consist of the Hayden Clay Loam, LeSueur loam Kingsley complex and the Salida coarse sandy loam. Existing drainage ways consist of organic soils. In areas where construction of either roadway or buildings is anticipated, the peat material will be replaced with suitable foundation materials. 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. 1 1. I I 5. Estimate the total amount of grading and filling which will be Idone: 100,000 cubic yard grading. IWhat percent of the site will be so altered? 24 % 1 6. What will be the maximum finished slopes? 26 % 1 7. Wnat steps will be taken to minimize soil erosion during and I • after construction? See Hydrology Section D-3. B. VEGETATION I • 1. Approximately what percent of the site is in each of the following vegetative types: 1 16 % Woodland 38 % Brush or Shrubs 24 % Grass or herbaceous —b—% Cropland/Pasture { 11 % Marsh 0% Other (specify) I2. How many acres of forest or woodland will be cleared, if any? 3 acres 3. Are there any rare or endangered plant species or areas of unique I botanical or biological significance on the site? (see ONR publication The Uncommon Ones). 1 No Yes If yes, list the species or area and indicate any measures to be 1 used to reduce potential adverse impact. N/A 1 C. FISH AND WILDLIFE 1. Are there any designated federal, state or local wildlife or fish management areas or sanctuaries near or adjacent to the site: 1 X No Yes (!' 2. Are there any known rare or endangered species of fish and wildlife on or near the site: (see DNR publication The Uncommon Ones). X No _ Yes 1 t I 3. Will the project alter or eliminate wildlife or fish habitat? INo X Yes 1 4. If yes on any of questions 1-3, list the area, species or habitat, and indicate any measures to be used to reduce potential adverse impact on them. Birds and small animals will have their habitat temporarily j • 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 necessary for the construction of the buildings and roadways, allowing for a minimum amount of interruption of J1 the wildlife in the area. D. HYDROLDGY 1. Will the project include any of the following: If yes, describe type of work and mitigative measures to reduce adverse impacts. No Yes .1 a. Drainage or alteration of any lake, pond, marsh, lowland or groundwater I supply. X — b. Shore protection works, damss, or dikes. X 1 c. Dredging or filling operations. —X-- _ d. Channel modifications or diversions. e. Appropriation of ground and/or surface water. X — I 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 • surface: • I 7 % 1 3. What measures will be taken to reduce the volume of surface water runoff and/or treat it to reduce pollutants (sediment, oil, gas, etc.)? 1) On site storm water retention areas. I 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. I 4. Will there be encroachment into the regional (100 year) ifloodplain by new fill or structures? No X Yes s 1 7 'ram? J 1 5. What is the approximate minimum depth to groundwater on the site? 0 feet in the marsh areas. 5 feet in the Northeast section. 10 feet in the Northwest section. y Note: All depths are approximate depths to seasonal high J groundwater table. E. WATER QUALITY '1. Will tnere be a discharge of process or cooling water, sanitary 1 sewer or other waste waters to any water body or to groundwater? 1 X No _ Yes If yes, specify volume, the concentration of pollutants and the water body receiving the effluent. N/A ' 2. If discharge of waste water to the municipal treatment system is planned, identify any toxic, corrosive or unusual pollutants in the wastewater. N/A 1 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. N/A 1 4. What measures will be used to minimize the volumes or impacts identified in questions 1-3? 1 N/A 1 5. If the project is or includes a landfill, attach information on soil profile, depth to water table and proposed depth of disposal. 1 N/A 1 F. AIR QUALITY AND NOISE A 1. Will the activity cause the emission of any gas and/or particulates into the atmosphere? No X Yes a 8 I Ica' If yes, specify the type and origin of these emissions, indicate any emission control devices or measures to be used, and specify the approximate 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. Therefore, traffic generated 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 oxidants such as ozone. This reaction involves the mixing of chemicals from air movement and exposure to sunlight. As a result, the total HC 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 HC 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 fror.; 1976 througn the latest data reported in 1978 according to the "Air Quality Control Plan For Transportation" dated January, 1980. The plan also anticipates significant reductions in HC emissions between 1977 and 1987 due to the current transportation plans, the expected changes in travel characteristics, 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 Twin City Metropolitan Area and the NOx emission levels are projected to decrease for the same reasons as the HC emission level decrease. The highest CO levels in the Twin Cities Metropolitan Area are generally concentrated in densely developed Minneapolis and St. Paul CBD's. The concentraiton of CO in the region is anticipated to be significantly reduced between 1977 and 1967 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 to occur due solely to the change in the vehicle fleet. Additional reductions will be t- 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. 9 I 4. I Map 1 • I J I I 1 l (SEE ATTACHED) 1 1 1 .1 ;i j J I` 10 l i ^' Map 2 • I l (SEE ATTACHED) a I 1 3 '1 �� 1;; .-1 Map 3 . i (SEE ATTACHED) 12 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 dO(A), and duration (hrs/da) for each and any mitigative measures to reduce the noise/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, construction 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 consists of residential developments to the north, east, and south and scattered residences to the west. The primary source of noise generated by the proposed land use a:tivities will he 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 reouced 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. G. LAND RESOURCE CONSERVATION, ENERGY 1. Is any of the site suitable for agricultural or forestry production or currently in such use? X No Yes If yes, specify the acreage involved, type and volume of marketaole crop or wood produced and the quality of the land for such use. N/A 2. Are there any known mineral or peat deposits on the site: X No Yes 13 15'q If N/A yes, specify the type of deposit and the acreage. J 3. Will the project result in an increased energy demand? No X Yes Complete the following applicable: a. Energy requirements (oil, electricity, oas, coal, solar, etc.). (see next page) b. Estimate the capacity of all proposed on-site storage. J N/A c. Estimate annual energy distribution for: space heating 67 % air conditioning % ventilation 5 5 % • lighting .3 % ^� processing 20 % d. Specify any major energy conservation systems and/or equipment incorporated into this project. 1) Solar Collectors 2) Landscaping 3) Building Sitting 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 71 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. H. OPEN SPACE/RECREATION 1. Are there any designated federal, state, county or local recreation or open space areas near the site (including wild and scenic rivers, trails, lake accesses)? X No Yes 14 1 7, I • o• N o o m L N U.0 D H•i .0 0 C C O. E C 7 O 7 H - O H •,1 C F+ t� 7 ▪ C •- C L.M N O ++ U co H N o. m ..-1 rn • L./'-'a a) ++ a a C C7 a v) z f _ f a • H z NO z n C (VC ID o••1 x a E 3 3 \ N H Y z • O H ON > N N N H E n • 7 7 IA O(f) 2 2 b � Y f • C) o o N N 0 E CO ti N •-4 CO (NI NC ct r) y N N a CY ?. H N U N a N N W /- W (.9 i3 If yes, list areas by name and explain how each may be affected by the project. Indicate any measures to be used to reduce adverse impacts. I. TRANSPORTATIDN 1. Will the project effect any existing or proposed transportation systems (highway, railroad, water, airport, etc.)? No X Yes If yes, specify which part(s) of the system(s) will be affected. For these, specify existing use and capacitites, 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). 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 oe 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 Transportation engineers and are presented in Table 1. The ITE 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 generated by the development is shown in Table 2. These trips were found by multiplying the number cf dwelling units of each type of the appropriate trip generation figures 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 ITE manual are based on driveway counts made at each of the land uses studied. The driveway counts made at each of the land uses studied. The driveway counts did not identify the types of trips and the impact of the factors (such as increased transit and paratransit, 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 overestimate 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. • 16 111 .^ Table 1 Trip Generation Rates Single Family Detached Home Townhome Average Weekday Trips 10.0/dwelling unit 5.1/dwelling unit AM Peak Hour Trip Enter •0.3 0.1 - Exit D.6 0.5 Total 0.8 0.5 PM Peak Hour Trip - Enter D.7 0.4 - Exit 0.4 0.2 Total rII • 176 c- Source: Trip Generation by Institute of Transportation Engineers. 17 r • • Table 2 Total Trip Generation • Single Family Detached Home Townhome Total • Average Weekday Trips 310 780 1090 • AM Peak Hour Trips - Enter 9 15 24 - Exit 19 77 96 Total 2$ 92 1211 PM Peak Hour Trips - Enter 22 61 83 - Exit 12 31 43 Total 92 123 18 1 ' Tne existing street system serving the site, Duck Lake Road and Townline Road, are believed to have sufficient capacity to handle the additional traffic generated by the development. Duck Lake Road is designated as a collector and Townline Road is designated as a minor arterial. These classifications are aimed at serving just 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 site? 1 _ 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 is provided 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 53J which passes to the south of the site along West 78th Street. Park and ride lots are located nearby at West 78th Street and Hignway 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 space for possible future bus related road improvements which would be coordinated with the Metropolitan 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? No X Yes If not, explain: N/A 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 Medium Density Residential Low Density Residential 1 19 J � 2. Will the type or height of the project conflict with the character of the existing neighborhood? X No Yes If yes, explain and describe any measures to be used to reduce conflicts. N/A 3. How many employees will move into the area to be near the project? N/A How much new housing will be needed? N/A 4. Will the project induce development nearby -- either support services or similar developments? No X Yes If yes, explain type of development and specify any other counties and municipalities af:ected. 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? (see following page) If current major public facilities are not adequate do existing local plans call for expansion, or is expansion necessary strictly for this one project and its associated impacts? 6. Is the project within a proposed or designated Critical Area or part of a Related Actions EIS or other environmentally sensitive plan or program reviewed by the EQC? X No Yes If yes, specify which area or plan. t. N/A 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 20 I')ljln f U CO O. C, »»» 11.1 4- 4- 1 • ID '' + f U)i $- O)T 0) 3 O••-1 d 0 0 0-I- f o 000N�0 1,1 CO W �O CO `(Nj H 0 D M CO N 0 nU\ a Cr Cr C D 2 C) W .M) ^i t„ C O) O) Q1 Vi H E pO •.i U) in () U) O) 0) O) -1 U U H O O) i ..y y U > > G) •-1 H H H y -1 U) VI 10 n U U 3 ti;+iv •^I •.-1 H 4' H O•O N H O)4 N O••t Q) Ql j 77 CO co CU 0 O a'4' d a 3 CV)t.nll)VIO .1 1 • If yes, please specify the substance and rate of usage and any measures to be taken to minimize adverse environmental impacts from accidents. 1 N/A 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: 1 N/A K. HISTORIC RESOURCES 1. Are there any structures on the site older than 50 years or on federal or state historical registers? X No Yes 2. Have any arrowheads, pottery or other evidence of prehistoric or early settlement been found on the site? X No Yes Might any known archaeologic or paleontological sites be affected by the activity?- X No Yes 3. List any site or structure identified in 1 and 2 and explain any impact on them. N/A L. OTHER ENVIRONMENTAL CONCERNS • Describe any other major environmental effects which may not have been identified in the previous sections. 1 III. OTHER MITIGATIVE MEASURES Briefly describe mitigative measures proposed to reduce or eliminate potential adverse impacts that have not been described before. IV. FINDINGS 1 The project is a private governmental X action. 1 The responsible Agency (person, after consideration of the information in this EAW, and the factors in Minn. Reg. MEQC 25, makes the following findings. 22 1')3t; 1 1. The project is is not X a major action. State reasons: 2. The project does does not X have the potential for significant environmental effect7T7 State reasons: 3. (for private actions only.) The project is _ is not _of more than local significance. State reasons: • V. CONCLUSIONS AND CERTIFICATION Note: A Negative Oeclaration or EIS Preparation Notice is not officially filed until the date of publication of the notice in the EQC Monitor section of the Minnesota State Register. Submittal of the EAI— to the—EQC constitutes a request for publication of notice in the EQC Monitor.. A. I, the undersigned, am either the authorized representative of the Responsible Agency or the Responsible Person identified below. Based on the above findings, the Responsible Agency (Person) makes the following conclusions. (Complete either 1 or 2). 1. X NEGATIVE OECLARATION 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. 2. EIS PREPARATION NOTICE An EIS will be prepared on this project because the project is a major action and has the potential for significant cr environmental effects. For private actions, the project is also of more than local significance. a. The MEQ Rules provide that physical construction or operation of the project must stop when an EIS is required. in special circumstances, the MEQC can specifically authorize limited construction to begin or coainue. it you feel there are special circumstances in this project, specify the extent of the progress recommended and the reasons. 23 • b. Date Draft EIS will be submitted: (month) (day) (year) (MEQC Rules require that the Draft EIS be submitted . within 120 days of publication of the EIS Preparation itiice in the EQC Monitor. If special circumstances prevent compliance with this time limit, a written request for extension explaining the reasons for the request must be submitted to the EQC Chairman.) c. The Draft EIS will be prepared by (list Responsible Agency(s) or Person(s)): Signature Title Date B. Attach an affidavit certifying the date that copies of this EAW were mailed to all points on the official EQC distribution list, to the city and county directly impacted, and to adjacent counties or municipalities likely to be directly impacted by the proposed action (refer to question III.3.4 on page 9 of the EAW). The affidavit need be attached only to the copy of the EAW which is sent to the EQC. C. Billing procedures for EQC Monitor Publication State Agency ONLY: Attach to the EAW sent to the EQC a completed OSR 100 form (State Register General Drder Form -- available at Central Stores). For instructions, please contact your Agency's Liaison Officer to the State Register or the Office of the State Register -- (612) 296-8239. . 24 I I:A>j '... \ .: • a 2 . Z O F- U O • J j 1 W 1 Q Q \..)/jI Y J°I1 m a o . 1 - e-- ' III..-- 1 a zll Y �� . w ` y Jw dam. l' wV .j / .- ON - 02! OD Z� . ; N V. E ,.. \ i E 4.1 1 W m 1 cri ,,ti, j 8 srnp-7ls Z /' 3 1 1 t1 L. . i 15C1 ! J I i . . .. . . ... .._.. ..... .-. .... . _ ._ . _ . _ _ . . , • I i I ' 4 I s) 1 0 IS I ^ 1.4..... „ . " '; -.-,:.:. .11.1--il.:••....._..7"...:?"'',.I.:it,"1."..k-ck!:,;;;"...=\::V.1::4,-.... ..." .7.•rct‘-:1".1•• i 1 ..,. . :„ .:.• .:.,:-..t•Q.. .'iri15)..,..",.; ',., '.1.:As;•‘-i i --.--k..1-..r.;; -77., ,, •:,... ... p,-„....: - ..,-7.:::.:-,,,,.:1 1.l','-,'., , ..,,,'"'''......1:',..:-..-.. ..,: ‘,..',..:...3•','.1. .,.-........,"'t 'a 1 'I''''- V••••::... ,,...,..,.., :'-`1'...1 .:-.'2:'7"...i.",;::-i ...It::it: * ).?,7"7. %":',.'\.4.1\ 4'-4,71 c'•: ...--i".!. f. : ,, ',..,!,1 -7, ..V..,.., .. ;,.1 , s t:::. 4... I- ...-,7:.• :. - 1 _ • . ) ...,1 .., i ;4Y-';'-''' - ' ",..f 7..'..* ....'.•: -:'''' , '-ri''N, 1.,-.A.7.-/..f'', 7,1'117i 7i 71,-•;,..,j" • ,.i.:, ......1 1 .-:Ite.lx/. . :•.:..-1.,,..." '-•'.:•,....,- L.,',..5''' -' 7_L..-----.. •_.._'•_,L.I. .L.: .t, .,,!•,;, ,,. . -... '... N.,• .., . 8 .4.,' .• %... ,...-1. -y1 i \ . 7.,----, 4. I 1 4 ..;7..•,tZ.L''',',•!.. 14.il ' . '''r • i le \ ;. .\4‘•2. ..'.. \ I....7.... .. N...V.:97. --.4.--z 2 0 U.' i . ..ii. ,, . -.::,„.,. '.• \ .- '' ,....: !tli il 1 ,—''-'1 "---....--r: • ' 11 N..:...'‘..' s**':'." 3 2; >N ' . • it ' .1 ; .: • '', ... ••• ; Fr! ... )4 . , -0 • i zrJr . A I... •f : .•1 .. ...O.,•.. Z 1 i V i,.. ri 1 .1 -4 :: 1 I o- .....• it 1 ll 1 crl . .-• •+, LI . 1 I i :• i 1 t i• . 1 • . '.,..'',,,,:, 1,r,::--•-.--:..f.,-,::;iii.._-,:s - • ts..\::VM-.1,,......1:"'"1;'-•,...i...1'1:f.. , - ... .1.3A f N4111 111.'s :6:4:itiAtull•II •I .r: ili i • 71 , ' II 1 ..,•11.1.?,7.? ....Ir.; - i ...y.-,....,i . .. , ,,.. t. 1m 1 L'I I -T-. ,.----i. ;.--, ', . ,,--• --.- 1{ ., i..,:,.321't c:..•..__f(e(2' - •li i--?-3' C.'`"•-'n'' ,...... e.e'' A/4 ! l''',1.,, • •:/,/i..:".',.;. .I, , . . I!, 7:1 ' ' I .,._., ....1 . " II—.71 • 1;is 'li ____ i 1 • _ 1 ..... . ..1. 4y /// .. I Z 0 CI..,-- ...;t. f 1 22 S 6%0 ..::.:•\ / :'a ..--.':',.. / 01/•°' a 1 I. 1 i Z W A si R ' 111 .tLfi ! : t i , -...., .-, , •. .* . .1. C . ;!1 •.:. ....-• 11 . I. ...' ' . / .-",.. ... ',.. 1.`, '. s 1 1 I I 1 '- '-i--- \,-.2 , :. • I : e -:,-- a i I . 1 . I I / ,I „ ' 0 ..,,.. )- ...' d LA. 1 ' 1 I • , I ,! • ‘• .-A,. I to it i iil. ' 'N. N • • -''. I I , ,.! 8, 1-'•— _.............-;..- -:7-/, . • , ..,,_______ f. N . ,.-,........, ^ ' .,•' fi`iI r-14- ' ------ ' 1 ''.%lc.I r . I 11 k it I. ; II • i 1 4 to if II I t t i II it i I i s I 1 ii _ ._ - - 1 i t t 11 p i ' -...J.. I 1--I ,0 stt t) '•,- -,-------.,-... „,...?' ...;`-' -------- ' .,,.0- I 2\ k•••\ ,...,„ :— i •-1 L Au \c'ec , , - . ....1 .\\ , 11 , •I i t ; i.i I di, \..z., 4 li 'I i !, \ 1 3...j1 • : II t • • P I I I r:At'4„ -- s s . s . i • , ! •,t .. ..1 j Et I r . i 7 1, !I ,•::":",t,%;.1..; •1 . . 6 1 "••c- ____.,is , , ., CPI 3,Iff Me*..- / I , 1 --7 ------ , / / 5 I 7:,'le V.::.. ! i \,'• / / [ / , 1 r 1 1 1151-1 , _...........j_---ii. _______ --______ it I —___. I 1 6 g Fept. .,..1 ',. ., . • •• : -........., iz.:::,....;..,"..-,•:.:.; 'q...:!,:-i--.Av;3-,:-,.\•:..17.: ,-,. .. "..--t.c:., i_ I I 4.1-: --. ..,.. . -1...14-' -.-,4111.. -4'41,4.6(N-,,. .‘ i -: - ••••::-‘°,1..: • : )s-t-u) ' -•••• i'i''- • , r•-'''•t .. ":.."'': i' • I .."\''..."4- 7- 1 jk...1-i, 24._.., (._ 1 .... .. .., .,4'eli-. , :.1%.••,....,,, , .i, tr. ...- .. :, .:. I ...- i -•,.• • -.... . •• .-..- I -•- v4.--•:-.,• 1..,..- 2\-- • 1 g:.,-.1 •• . ..,•••••,,, , ....... „.• ! gs:••,. ,-:-1: ..-."-r.i. - ,•L -iz-•,- •f, I `' -,..<''..- • •,- •,,. ii•••,', .,,:.:7-..t, :::jcp'.• f" . I . 1!c •1'4 ;•4.- ,;.;...4:2.:, ,._ : _ •.''./ 1 - " 71.Locoox —•-. 5 2 I-- :\.,.r.' , !.,... 0.;,:.i‘... • 1 .,. ! ,,,,\ 0• •41i - ',.,...... '.... - •:k".---.-.- ' .> i? 01 2 11. . N Z; i> ..., . C 3 2 : i V\ •••• 1,, • Y •'el:V.; % i I I i• /‘'4' \ ‘C •"t? 2( 1• s.liti;;••E 1 !h.. ., „. \ .. .i. .„. —71 _ , •.:i zi•.. \II It' t 1 1 ••• .... .. 1 1.• ..fi: 5 . 'II 1 1' 'NI);;1:P',' ....:.--•.: .. . : .' -;.:,' .1 N :II t I! I (f\\ ( 4.1 1 l':' N \ , P 16.4 . 1 x i\ • ( \ .. 1 A I ..: I --., . i-, ; • •N •:: f • 1 eF ONX1 li . .. I• • ." A ,; '•;•••.". ...-: v II ;— r... ..r • •• II ..) !,1 , 1 -.1 - :'1 j.- - --1' • -- ••• ,r" ,•-.,4, .:., 71 i'' Z. . i I . — — '1. ..,''...••I 1 (.... I • •. ... t I .71' i''''''•-; ki .. ,F,,,,g•-,0=.,.... , ..• i . _ . I I )13(114 --- , 1 .:i4.,,,,. : .,_._..,:::.1.:,....:....:....,::....: ...!.....,1::;s. .,. :..:.li's.::::-. a 1 6 D° L,. Q .1 ,,,:: .7t• `•.. '..4.??...:. S.::;"..:.•:,..:":V is-7-'`:11..7,. ....:``.. :,:.:.f- '7! . .-..:6:,1:.....,I '..7.71: .L........ ., i--..\t.':::. :,'''.---.,.% ':7 ``:;- ..:3';'',...'I-:;.:4±.A t'..1,-;c;'-'s \:1' '''' • t.1:.: :I t4'ci• ''' '•'..frt4is'it': ;s " ',. ',.•'>/, 711/11•1311..,1... a 3 1.i, .....• , 1 i• .0 LE•, \ ' : ‘ ./ I #ul i .5 CY.t I ... 1 N• .• . '.. .::: ::.11111161+. 1411,1';' ---74 z 01 5 U. Zi . N 1 Z1 • F ..... "••••••..-,_ .1:.:::• .'.'.; •. • fi 9, "------\\ • .., •,Y, ti.7,,.; cl i• . . , 4: \ ••%-:,. „ -, • 1 L I( g I . I••••• t it 1.1 .• t, \" ., ••••. a ( :11 e• lel A 1 ..; if.: . ,-• • ; gi! i . •.xe- t i i vi.,-Ln.m.1 1. at 1!, 1 a § 7 I • -'•; i Iii --.) : . 7 6 • 2 :11 i .- Li i IVIII a I fi lid : A3M:11 , 1 • ! — I '.•';' I 0 I I '''. i •1: • '11 I lit I I " F : . ---". 7.,•:"-.;"-•. .1, F1'Fl? '''''' • - " • — i lip , at4i !if ; 1! : . J III i ---.....„ .- :...1 • „„., ',, ....... !(4- 4l, . ' -......7--*.* / :7 7' • i i 1 :.... • 4,ii,„ . '' ' ,.:.• .311 t .1 1 ''•. '1 i 1 1 c... •••••••. f• t'_, L'"F.:.5 1' ..• tt• /,., .1i! ill-61 1 C.7.5 ::]0'44-''.--.• 1.1 . v 4 I ' ] •'.. /4'1.i I I I I 1 I ] I I; '' 1 t---;I 11.,tIS I' I 11 If . ,..................f 1 1 Iy,1 .or._^^17t7...7.1^.•.:h:rr.T c::rzR.1v+rre0"1,74eLAT.u►LItase.l._r...».. .z.rvIL_'r-.-a:a.-.:..�-...:cr..r�uce:`s.. 17J.1 OJ1 £ i111'1 s..r�.r `�;�i..lwrr..orss.yaan4a,t.0 as ,l r(r,.`•, .•lu•:..°..••al LV, •a�ll0,,6 0 00(1-5(r A,.•Jwo0,.`+'I..D Iii a r•1l !(I { ,t p 4 ; {µ K - K . / / (:W �1 �!t :mil; -S 3:'. g ., e'is ik , ,, ` • - ,'' is v F+�' ' ♦.. �``f -tY.4 i-� 1i.- •\' 4y.1, � J fil fly} ,- r '/ v. :+i *)."/ : i • ;.. •: .•ry e �• - .. i . . 1� \ �� •ra` • b 1 _ >- v- � : , • • so :17- ii..tb:44 k .3 . 2 ...... - . , 0,6 -,t. 3,:--- ' C € - i. • elf;V� �a 6.•'*�• '- , I i a G� r�Rs��l�• r l? II T n ,O g. 2 �: _ " � 7 . ,I I li , u.ar:.�..,..wa,«t:sa..u::,nw.-H.rx..,...mr. aa.sy- 'wca.+r.......t ;,.....-..•r.....„...... 7-r /.. .i.. 4„,k--2.--,-;-:-•=-.7-.) .2__.=_C_-:,...---=,-' __,_ .\...-.•-:.-,_•.__!' :'' 'c' et •---1 - ,==-.------"---7-,—'.--•-.\--- ----*-7...=-._, I--Q / ..fri--- . ....-'7...._ . i i zi 3 — ---N...___3 ---, ----- - 1-. --in. 6 4 / A ic-\ / ,, c • , , ,7„.-1 2 - i, ,..m• - / / , i i - , - . ( t.----?... ‘, ! , , ,... .: . /.. .... \\ // , \ ., / ,/ 1 \ __/ I ,,2 !..1 \ \ ! > • , \ `L., •,__ _. / , z.'.. - 1 ,•- z • I . I I I - . _ , - \\\4- ---- , • •-'--.4_ '! •.--,. 0't" _ ---__:____---- --•.,_ - - , • ,, . I I I • 2 1 I , _ ,.-----:••1 , _ -..- -•-:-- _.... • _ w !It I i \ . ,,- ,_-- ffi 10. I I 1 I 1 ‘ --....,,__ 1 ....,_ _ : 1 ' ', • . Vr \---:__, .-..-..-- - _- -- -‘ ,- :I I ;'• •II I II I I i I _ ----7- --AL--.-•.--z. .:. -., —,i ,...... :11 •t I --' --CT— •' t i ta4, • . 11 All ! I , ,...# 1 / . . . • 1 - I _A\ < 1 i ill I \ --- • I ' ---....,-- .-- ' -\''-----.....---...,-,::' ,' \ ' i .----, CZ- •i„ - /' ...!.. t Ill e 111 . ,1 I \ \ , --- --•-(---,,-\___--. f---''''''. 7 1 -= , .\ \„.-- / .._ . _. I\ - „:-.... ....... • . . . .. i. v4ii . , - / ,--\ . ,___. . . . '. ,.......- . . i , \P ' i 17. \f \ : II tt ,.....,, -___ ' • 1 ' \.) \ \ ' , . . . , .., . I — '--t. i I I i • •-• * a , I \ ... \ \ • • • • • _ , ,,--- 1 te.,,:. • . • ,/- . \,•\. -t-,..._ ._. _ .. ., _,. 1._.. / / ', - ' ,--- . . . \\ , • , I / , --- 1 --- 4mmiroonl I I . _.• __ _ d.,1 1 , ! i. •, z }A.: ..a,•____-_—_)'‘ _ -.,____ ._,-...i ' _,.,_.,', i,K',?-,1 ,Q ,,,,,________. 7,-,,...--f-± -_:,-_,_ --_-_._ ----z-r--;--- --- •—•-•-•-.. .1 L Si 0 //• ' ' ‘._10. <S.t,--\, - 1 / .,/j---.• i„. . ' ....„, -:-.......... . 7• ,. >:,-- ( ---,•• •i 2%).,1 /7 AT;I . .) • #• i • / /. /--,', • ) ):.0....'-,-',N-—1 , ,--''' ..' • ' . ,1 , ,./ „, .,. • .( \•• -, ) . ) I ,\,// 1 ,,,,,. „ , 1 , , \ , , ,\‘‘t ••__, _ I , / , ,, , • NI ,.., • \ / , ....._....„ V , r-..., ,., ••>\ \ ! .., ,,\ 1 \ k •-:7-___.— , / , -.. ,)L • • N- Jo - - -: • ,• , . - -1-•-.—'•-t 4.. I 1 \ -". , '. V..; . : . 7-• ; ict i I ( 0 •\;\ 1 :, '\Os j.=.---.: , ' —, -7.Th,r\1 9 . \I il 1 ' ei 3 \ ...— ' . 1 t.,i .,5 4.1.• • ' .: , ,..( EG ,• , I .___Sr..,,,-,...r.,—,,,..' Z_,,Z i I - ••.• S' -.N. 'r ,s-r`,------ .1' _ ,..., I I i 1 ! ,,,,,,,.._!____// • •...,:.. v-z=i I vt . I 1 i 1k \L) -—/ •--(,) -- - - -I-7, ;.1. i 'v• i . •• _--- w--• N ) -_ ,..-.......-..... 5,1 .. • '•1 -1 9 I I 1))11 1111 1 Y:7-- t I 1 I I !!!!:•11 11$1; I I •*. '. 1\i". • 1 ‘..._,-_—__J -_ t-- k gi! ' .4••••-•‘....1..!...; I 71:: ' :'---/.7'', -,-... : t I 1 1.31:;!; WI !..., I 1110.11 I If 11 J1:3! ' lii3 SJ '• • - '-\,---, '` i , --- 1111111)::11/ it i C/7 \ - li */1 \--;.- :- NI' AU I .1 -I . ••, • ------. silinl... 4'. i i ,,., !, • ' • •.f ,‘ ,),-.,--, i . /---_--- r \ 1 ‘ . ,‘• ----4.:7,. !'• 1 !N . ----1- % ( ' I 1 \ .: ."'''• --.... .- qi 1 t --"i: ' --- \ ---- - '' .. -k-----•7\ , , \t • 1.1 • , ...f , , 113,-7__... - -- --•,H...`:--1 . / /' t- TI. 1 \ \ -N. .._..-- 7 - - - ', r', r _ —5-: — — r----) is\:...._— :,, • -,, , ! II \ \ -',, i,\...._ ,...„„ . i • I , ( 77 ( ( 1 -—''• -s-\\. 1 I ,\ ,.. ,,, ,--:, / -------_--N• - • .___../ ,. .ii .I' ) ' 'H 1 ..." ! . I •i I\ . : ...-.\I .:;Al' ." .' -- •\'V\ ; ....'........• . til\\ k,_. -....... ! 1 i, , ,‘ ,,,.•./.\\ .,\\\, k •1 , s. ,. .,. ,.„\\\, . , i i • • ‘, 1 ‘, • i ' ' .../ 1,-; - . , ,6 ,\, :-.:,' ‘,*\ ) , 1 • • . I • .• , ! 11'..• 1 ', ' i'' y'\\ , s\ \' •1 i • ' i K 1 •. .1 w , ___j '-'11,2:, ..,,\,i\\\\...:Y . 1\\ N *.T.,,,-.,.. -\ .0--/\77-), \ :. • ' 1 if k, --- . ,..,_. • .. \\\\, 7 / i •ii ____,,_, ,,, ......, ) 1' \ \ , ., • .1 , , _ ts -,-. .\ . 1 1 1 , 1;•-•.ul ._.A 1 , t :, ' :7 ' • I I 1 I 1 - - I .1 eg g g ilt • I i 1 Vo g 3 P / 1 i V4 ' .11 .1! i Ile ill 11 / , ' %I Ni i % I l! I ;II li I / , \k4Aat, .. . • .•. -••,,,,. '• -----ka--sr—-44---•--- `1.: A f-••-.1-___L_—:-....-4--.......„,---.., ill 1 i • I; 1:1§ I/ iii :f i". .--'-,./., g I1-- '4'-1_,,„__i_2, ! , g--:,••;,‘,1 • 4 40 4 e ui i • i I ik. g \,.,\• 7-77:::I , 4 1 I ' I . . , \% se• ,,..,.." ‘k, ' •4>,.s .,-.'-, ., „ I 1 Y. f .•`,.... 1 I, , .../ I *i\l/ 1./ ''''....• \.• C j *...,.. . ±:•:} 1 i'....!, 7 -•- -,4 s s 1 I 2 i V • f.• -. '••4.,,' •i•si r.i - ,•.: 1 I I I ...0i.r.i. I . i eill , ....-------.—i I I, i 1, 7,,,,,, E : . .: .. ._.....,_ 1---, ..,,„ tl I . -.i,.'':ict ' !g) ---. t.--'i • .. .i----, ill I • N ;-,,ti- ._!.__ 4‘',,,,,, _ .-r' 'f .. 4 -I .\ .,s,...,,> i . •--1-, ,,,i'.'..; h --i AI 4 s.ss„--, il •,• , •9•4"'",, r ' ,,r.'",,'",r_'*'i., ' ,1'1,. a •"'"• ge ;4" i ft : ._.. - •'; r: , •::,,';>:>.,, V,:ss>' r 'i c",--z.:;.• ' '..---";" •,, N• " i 1 N . \ -,"?‘ '';'"":'''' ____._. ,.......,tr_i..../ -1....,! 1 •,.)e'' ‘Z\\s! l'*‘1---14---14'51b0- 3.-- 9.1/ i - I !* 1 .1':•• ''. - P'<';'. ; ,'''. •,-.1 C.,• .,,. i 7:: "I c - ---:',:_! ''''.:-...-:-.? h,... ' ''1,.. -.1 / 4 -':.: \ ' -4,.. /• .4 \ r':.;------.1!I:-,..-',:: ---.'----:7--*::7-.•.,-0. i i - * °''—';• '- ./4V.1.- : -----i ---- ""rA -----:-.:i 1...7.7"';7.7: L4 I g ' 1:11 .1t.::" i E-.-7:71Y:1 1 E_::'.'.! i': -:-','-•-. :,.. _-.:ii•I i---- --:-..- It• ..S.:',.273-_;.--i Z..'r...11, i ....:,1 .-..--. --:::: ! I-1.• 1 1.. ; ..;...,7 r.5,<.)_%-_-_-1 i_ ‘n.g, ..T.,...;..__,., 1 I 1 t 1 § ' •ti.' ! '• I / / -. ..... . • . / / • .4 i — - - --- ----------- - , - -.--- t., , ---- --—- ---- - - - - ---- I I i 1 1 i i i , .... .. i , : ' 1 I! - - ) . , -_reT?00 Is :1 3•V.H,i 0. -*-----r."' 1- A; ' ,iWt, .1 it J'' . ---c3., 7.- ---- ... ..:• . ....... 7',:ti 14.12.•- /•-.._, 3 1 ;:11;4,11 a I'iiii et ; . • --- ---4:,---- 4-- • -• - •-/--- // ;('.-"'-''''N N."--- • '''t r,\ '''.-- ' 1 '! (. !• ..Q , / 7 \ ,-:=3. .,-,e.,--i , ' ' . ''.'"... •• Z / /7 ,, • ,,ri•-.,„:„2 , ! ,, , .• 'I 1\',.. c ‘ ii I ‘ \\ s n'1 1 •,-,.-. 771 1 \ / \ /// , / ,1 , .7 , , „ \ \ , 1 . .„ , , > ,. .: ) , - % • \ \ .--- . , , .. .. . \ / ,,,,,,,,-.< ... , . ( - : : ' 1 ,,---...it.,--s „:. _. _ .. :-..;,.:.,_ ..,. , i 1, .r v, ••• /„.. , ' , ' .-----,-, ' i I . ' '-'-'-r-tN--r\/-',/,--,„- 1 ,,,\\ --..‘_-_--il-- -' --'''''' '''.\ .‘ . ' ' \\.'1. \ a• 1 1 . ,,,,\ ....._ i It 1 Cs\--‘,....: , --, - ‘,....yc,‘, ;•,,,,„\, • °. \\\\\*.l\ '' ' I, ,..,, , ,'. .. %';'.• r- ---.----'-, e--7 2 • -1 I !,' 1 '• . 3 N \•4,4.' ' '' . - --) ) '. \4,.'4--.1_._ !,•-;_47:7 • 3-1 1 s .--,',.;-_, '-":' ! \ .- -•-, 4. '',' i.! I I - •••'\.!' •I'.Z?:‘1'`' ' - :__ Ni''''-'4• .!'. 44,,--: - ! 4 4.-- ! - ",. •i 4 I A ' 'Cl') : ' Q Q ,... • - ' --,' • ' ....,•;",••• •,-.., '''..,... /-----,... :. I I , 1 \ Y , _.: :,--) ' ik\..p, \,:ii, , ..,:. ,•,1_,.....-;............ ..i-------__- ,e,!! _•,. 1 ' % I b • 0 -----:_d' 4-•,- - ,,`-;:--.t:•- ; 1 ., •,,,i '1 I 1 i , „ -,,,,,,,,. ,--",i, I `,. g i . . -...A' .;-:;,-.,.. -. -. - • tY, - v'-, 'z,--4 :-,41 - ---•-i ki..41 • 'i-..._,,,,•-., i ''eS.:•.‘..-,,,w, - i --''')_ 1_4: .,,'... .1 AN U' • - ) 1 • -- Ni'A ,--------,.. --, ) •.:-:),, --/- -.--,---,4 0 i c --c .'-,--------- .1,, N.L...,.. • -7--, - •:. ,.se,-„. \\..,,"..a4.-!...',..-ii,,t ,.73..„i' s,, f ( 4-: ,..--).:,,i,..1 • . ..1 , 1 I , ,/...f"- -,.,\. , 4-..}'i4 .s.,-. -4,:,,_ ,.:•••-_.c \ ..,_>,_.,,„ ,• , - ,_ hi 1 \\ •..1.- „s\\..,-,/,..c.-",i --E,z-ii .).-,,,,,,rc,,-,,,-,-5..2., i,•,.i 1 , ,, --- ; --2_- , e,r.--‘ r , ,., -r,-- `•••••-•.: ,1,...) -i,'"-.., --.l ' '...„. . i . ; • ' :li I •i: \ \ P 1..ks'-'2i.13\.'""''''''‘..6.,--:'-'''---- ': 2.-" .-•4 I'--F''', ‘, • i ~ -4 "'•'' ' \ \(-----,-; (....,,, ,-..-,7-z,-.-ret-,,-Ill-:1 i.._ 4.,...z. -,--;,„:..i/..„,. ,,, ,,,,,,, .4:-,,,,. ,,,, , ' 0. • 0 ( / -,— • • ' i'il I -I • ,c; .L., - II \ 4;. N".).,.•,,-:;,•2,'-:':,-,,:...2)v I,r-S._-.;.-,..I.L-•A,.-:1ii z',.._J:.,96__)•7 '.=. •-i. ..--'-.....-.','..':•-,_-----_-__-_._—_:-.4:,1--1-(-.1•:..*;L-...'•":;;-'-„.-'-:„i;,-4.-;--„' -.I--,}::. \k•\NN../.,:-,-„-i;1--., ,v.,,;,i,..! . • ' ' - ti ‘..,i-4-'1-s''''•= . 0c3' ,*4---1-, ,-.-fi,--:'_it \:., .. .1-• . A t LILLii • • • °•''N'15 4 i.t.\41-.1, it• ' ••1 ','...t.:,".6:',V_...3_4,. •,' ' 1 - ''• ',,,:i7.-.'0?:•..1".2,::-Lt..... ''. ''\ ''..). ' , - 0-T3C.,,, 1 '. '...;ki',/,,cr,4'Z't••' \\.\.., ., V ) , 4.-{I'Z 1.2,1.,I , \\ . \...,\ ,., I •,--N.../"\‘ • • -.(>•V-4 r 2, • " • ' ' , , . 1 _._, —-, ,__:1.—_ \ . N t..1 f -.•• cl -,„x>• ,- / , ..‘,......_:..1 Li \\ ) (,), t. . _.,.„''....'',s,c\.4' ,,,,,,:71.,;•;.....-. ' 1. I / / 1 ' `I / / l'-i'.,() ' .I _ _22j --- . -------.--------- .-1 -- -- - - -- - - - - •---- --- ---- --- I I -- -- Iil 1 :1 j!hlil . i .•1 ,, 1 \, • .1 z i '4,t--;---"'"- --;-- -== ---, - ,,,..-e•,- - --,--, '...--.----.: "''I ^CI ,.•,,; i I *I'7\-3 _.:... V-7"---\ 1 j • •, I.I, 111i \••••-_,+ II''''' }.'.2 k...''....7.-"--. ' / / ,/''---'.\'\ / ''t ' -'\N i / / ' , , ...,.., t 1-,•7- i '• ...! , I ( ' ,.: ! 5 rr''',:-..;-,:( I \ /// \ \.,/• / / I \ • ..I . N,_ 11 ... \ I ! •C..,4:44.1:? ; - -.. , , \ \ • x I — , \ , \—)\ s \---::„,----- , \.., ) , , \-\.„._,, ... . I: i 1 t I-C-------,1—") \ '\•-c t_____ \\\ ' I _ . _ , / ,,, , \s, \ i c-•-‘ ri \s '".•-•.‘ Li--3 i, 1 o -4 .-, ,'-‘ , - -?'.--=----- eL'• Z 2: II I : C-23 0 \<"1 N. ' \ \_,) • s.„•.,..._,,1 'i,,,....:.7. ? jj: li I — ')., • /'-Z , ..--. , --, : . g 11 I C)'• : 0 \*k,j f,, 4 • 1 I t, &, i / , • , -71 I i I ‘ i 0 i/IQ I I -- 1 t '4 -1-. --,--!tj.'. )-`- ' .:11 i I• 0 •---,...:41 --_...-•-• 1 ,- .1., 1 , 1•0 ',.-_,_ 1,„ :1 j I I _ ,-.7. ..,.. -_.__:_ , . .,-,<."°'*(‘,11: fis•\ •1 0 ,...- ,-....... L ) --' 1 ' ' hi'Ali,, N— ' AL/ ir • A ' 0 , ';.QZ....`;' ,,. (?. -• ' •' 1. .A --' 4i: I • f (\,—Li —- 0..,....„:...„.5 DT.- I•",„..--,,,,,.. ,c...;„---., 1.--•--,1;i . „:„....:\1 I ' \ ,,,, ,-.4„o• •.: fut.:, ,,•••••,,,,,, s • K.: 0 jii- /.2__ , ' 1.%,„., ir'. .. ..":-.•.-1'.,, ..k. 7,:t '`-'9(-'.j . ' --- 7 . , . II!\ \ . ,..,..k.:„..< .._,...4 ..___-_,...p.,_.,`,..,41, ,.!_z•,..,i ....t.", 6 Lst .."---,21 I ......, or,.. il • :!t; \ ,, ,,/ "----:,) - _,- ..,",' '1'." -:°:-..,P.: 4,--:,.>•: 0 ' i ----2_3 — • ,.,. . _.,. .,-4 -;---,.., • .7: , ,_...,, - si i i. \,-----,-.---:- 1:-;,1,.. \\ .10 i n • 1 : :••: •.:ii---11_.;i --;-?\ \ (-7. II ' \-s --14-r;'.-1,t, \ \ . 0e3 La..: ,1 I':1(''\-'-'?•f--''''' ;4•L'Ij \\ \ ' . • . 0 A „....j .-4 LI i 4,--,T— . 0 Qc\, • L.,-k -'- 1 ''\{'')i/c:i.'.rit \ \ \ • ---, — i , .1`7 • , 4, ) ' t. --I 11 ' (.) . __ `' , - \\ ' • I'll —7 / t - - '. 1.1 / / . --- i - l - . _ ____. •-• '/ —_ — ............. , 1 1S �/ /�\ Z j I�, Ili I'i i ,l p. 1 1+)IIUI h..1 I g11.,im,i 1 1i,I liv)— I 7; • Q) I \ ' V� co • � oal . r v., o f / '.rt•\♦ i ii 1 4- ' • - , ! i 1H2IL � ot :3 al 1 f II °s- -4. 1 1 I '\i'-'''.: \,- L.:(c.CD...7.1., . '... .. :.0 : .3<7.5 c:It,:-.44r-:-- 11\\'\\r"'-' i.ir , /j�/ 1[ ' • I'~ I i • \ ,�\ ji�:•:' • --e ..• \ /� ll ' 116 ` . \ \ .'•„t L....-- 1$ ;t--:-,:,-;___:_ ,. - .1ill I C\ ..J T a I �{ ' 11 I i I.1 ,' ,{ -1Nyj3 • ,i-'12,..,7, j ft. u-. 1\ ,i-. -.,-, ,,,,i4,- ,,, • .441A$ge., g ' ti I Imo' Q ` , J'' 4 � � l C 1 i 1 I V i , : . __ .,..„.. ___,_ ,.,.±. . _ _ _ ___:, elk; f i ( ''1://AW. --i---, J 0 Z a3�6 j a rr , a i Li I-1 — a a a 2 2— . i ; I _ a ri : dr._ i r a CI Z a L=. i' , i 1 i t, i I L a `7 a • a 1 a � 8 /1 i ,,,I.....: 1--A ILA II-- ,# 1 i Li[4-1 I \ �.� , r ,v [ ___j\ ''V J V ja1 a r 6a a 1 - 17i 1 C- I 1 i 3� a _ 1 H 3 I t, --- ' --I o ^� a I v , ;1 ' , n i 7r J di.i. , . . , L2 3-711 4 I 1 I 1 b rr. I Lli_i_i_i_yi I, f3 1 e.% .1 L 1t;f3 ./ 1 T PARK LANE r t.. Three bedroom town home.1376 sq.ft. lEE i 0___-..."1_,. _� __-� r 12.6`X 19.6" ` GAP:;E +.,,E i; APP..E 5 1� I I ! Lower Level —_— ---J , rr t u'3'x9D I II IIIIII�ILLJJJIII /.-- 11- Ob;'-.� ., —. 1 0----, t 0 ILI74'xi a'•6' - 1 L,r r ,, 12.2-x 04D.- . r.. ss_ ,JY\/ f Upper Level I')',tl . i SAN SIMEON f Two bedroom town home=1324 sq.ft. C 1 ` '• I u i •_ -,SAC _ I I I J r j _ - ' _._ 1 <\": . • I l CJ r. .. l 1 ,ii" -Di ; . 1 -0..99''x9.J- -xbE,h^E4E AP._ES Lower Level i 1 : I �. 1 0 tQ1 - r— I 1 .. . ;Ir•9'x 9'•0' 1 [, I 6. 1 L y I i18'•9'x I0'•4 I� �1, Fri [ti.,-; -1--- ,..a ..r�' '�,;.e.?=`�.:..=..I..r ate. tt ., Upper Level i Kings Forest Amendment CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 82-187 A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Compre- hensive Municipal Plan ("Plan"), and WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment, and WHEREAS, the Metropolitan Council has reviewed the Plan and has required modifications thereto, and WHEREAS, the proposal of Centurion Company, Inc., for development of attached and detached residential units and open space uses, known as Kings Forest, requires the amendment of the Plan, NOW THEREFORE, BE IT RESOLVED, the Council of the City of Eden Prairie hereby proposes the amendment of the Plan as follows: approximately 70 acres located west of Baker Road and approximately ; mile south of Townline Road be modified from low to medium density residential. ADOPTED, by the City Council of Eden Prairie this day of , 1982. • i Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk SEAL 1 1 V Kings Forest PUD A CITY OF EOEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 82-188 A RESOLUTION APPROVING THE KINGS FOREST 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 Kings Forest PUD is considered a proper amendment to the Comprehensive Guide Plan, and WHEREAS, the City Planning Commission did conduct a public hearing on July 12, 1982 and considered the Centurion Company's request for approval for residential 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 August 3, 1982. NOW THEREFORE BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The Kings Forest 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 3. That the PUD meet the recommendations of the Planning Commission dated July 12, 1982. ADOPTED, by the City Council of Eden Prairie this day of , 1982. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk SEAL • • It-CAL O:.SCrt1F1]ON • The West Half of the Southwest Quarter of the Northeast Quarter of Section 3, Township 116, Range 77, except that part of the West Half of the Southwest Quarter of the Northeast Quarter of said Section 3, described as follows: Beginning at the southwest corner of said Southwest Quarter; thence rest along the south line of said Southwest Quarter to the southeast corner of said West Half; thence north along the cast line of said West Half distant 682.55 feet; thence deflecting to the left 3] degrees 30 minutes distant 193.8 feet; thence south„esterly 640.0 feet more or less to a point in the west line of said Southwest Quarter distant 493.5 feet north of said southwest corner; thence south along said west line 493.5 feet to the point of beginning. Also except that part thereof lying east of the westerly line of County Road No. 60, and Together with: the South Half of the east 75 rods of the Northwest Quarter of Section 3, Township 1)6, Range 22, and Together with: the Northeast Quarter of the Southwest Quarter and that part of the Nest Half of the Southeast Quarter of Section 3, Township 116, Range 22, lying northwesterly of County Road No. 60, Hennepin County, Minnesota, except the following: That part of the Northeast Quarter of the Southwest Quarter and the West Half of the Southeast Quarter of Section 3, Township I16, Range 22, described as follows: Comaencing at a point on the west line of the Northeast Quarter of the Southwest Quarter of Section 3, a distance of 16.5 feet north of the southwest corner of said Northeast Quarter of the Southwest Quarter; thence on an assumed hearing of north along the west line thereof a distance of 1289.25 feet, more or less, to the northwest corner of the Northeast Quarter of the Southwest Quarter of Section 3; thence southeasterly along a curve concave to the southwest, having a radius of 573.68 feet, a central angle of 30 degrees 1.4 minutes 70 seconds and a chord hearing of South 75 degrees 35 minutes 11 seconds Fast, an arc distance of 302.17 feet to a point of tangency; thence South 60 degrees 28 minutes 01 seconds Fast, •a distance of 47).05 feet to a point of tangential curve to the right; thence along said curve, having a radius of 479./3 feet and a contra) angle of 27 degrees 24 minutes 45 seconds, an arc distance of 229.52 feet to a point of tangency; thence South 33 degrees 03 minutes 16 seconds Fast, a distance of H0.48 feet to a point of tangential curve to the left; thence along said curve, having a radius of 499.69 feet and central anole of 64 degrees 03 minutes 34 seconds, an arc distance of 559.40 feet to a point of tangency; thence North 82 degrees 48 minutes 10 seconds Fast, a distance of 70.00 feet to a point of tangential curve to the right; thence along said curve, having a radius of 264.5 feet and a central angle of 54 degrees 30 minutes 44 seconds, an arc distance of 25).65 feet to a point of tangency; thence South 42 degrees 41 minutes 06 seconds Fast, a distance of 45.74 feet more or less to the northwesterly right-of-way line of County Road No. 60; thence southwesterly along said right-of-way line to its intersection with a line drawn parallel with and )6.5 feet north of the south line of the Northeast Quarter of the Southwest Quarter of Section 3; thence westerly along said parallel line to the point of beginning, Henospin County, Minnesota. EXHIBIT A • • • • • CITY OF EDEN PRAIRIE ' HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-]89 RESOLUTION APPROVING THE PRELIMINARY PLAT • OF KINGS FOREST • BE IT RESOLVED•by the Eden Prairie City Council as follows: • That the preliminary plat of Kings Forest . dated , a copy of which is on file at the City Hall ' and amended as follows: is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances and amendments thereto and is herein approved. ADOPTED by the Eden Prairie City Council on the ' day of ' 19 Wolfgang H. Penzel, Mayor (. . • John D. Franc, City Clerk • SEAL • 155C) • 1 Kings Forest EAW • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 82-190 A RESOLUTION FINDING THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR KINGS FOREST A PRIVATE ACTION DOES NOT REQUIRE AN ENVIRONMENTAL IMPACT STATEMENT WHEREAS, the City Council of Eden Prairie did hold a hearing on August 3, 1982 to consider the Kings Forest proposal, and WHEREAS, said development is located on approximately 70 acres of land in northcentral Eden Prairie, and WHEREAS, the Eden Prairie Planning Commission did hold a public hearing on the Kings Forest 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 .ecessary for Kings Forest because the project is not a major action which does not have significant environmental effects and is not more than of local significance. BE IT FURTHER RESOLVED, that a Negative Declaration Notice shall be officially filed with the Minnesota Environmental Quality Council. ADOPTED, this day of , 1982. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk SEAL • 4 Unapproved Planning Commission Minutes July 12, 1982 MEMBERS ABSENT: None A. EDEN PRAIRIE PARTNERSHIP, by Undestad Investment Company. `, Request for a Planned Unit Development Concept approval for industrial uses on 32 acres (27 acres of which is zoned I-2), rezoning from Rural to 1-2 for approximately 5 acres, preliminary plat approval of 6 lots and 3 outlots, possible variances from the 1-2 District, and approval of an Environmental Assessment Worksheet. Located in the southwest quadrant of the intersection of Co. Rd. 67 and the Chicago Northwestern Railway. A continued public hearing. Johnson stated that revised plans have been submitted and Mr. Geoff Martin and John Shardlow of Howard Dahlgren & Associates were present to give a brief presentation. Retterath asked if rezoning is being requested along with the preliminary plat. Bearman replied yes. Shardlow reviewed the revised plans and changes that have been made. He reviewed the landscaping plans and stated that they are proposing to increase the buffer from 100 to 150' at the eastern most property line. 'He stated that the proponent would like to stick with the original plan with the buffer change with the industrial loop road to the north. Johnson reviewed the staff report dated 7/8/82. She showed the proposed road locations for the site (as shown on the Guide Plan) on the overhead projeci.ur. She stated that if the road goes through, two lots would have to be readjusted. _MOTION Gartner moved to reconsider the PUD Concept plan. Torjesen seconded. DISCUSSION Hallett agreed to reopen the PUD Concept plan. Motion carried 7-0. Gartner asked who pays for the signalization at the railroad crossing. Johnson replied that in most cases the State has money available to help and that a petition would be submitted. Gartner asked if the intersection would be on-grade. Johnson replied yes. Shardlow stated that when he originally came before City Staff, he was told that the through road was not necessary. He stated that at the last meeting, the Commission voted on the concept and since then they had made very costly changes. He stated that they will have to proceed to the City Council with the original plan. Torjesen apologized for the unclear direction. Shardlow then stated that he was unaware that Kings Forest Drive needed connection through Eden Prairie Partnership. • /metal . Undppro,.., Planning Co.:;mission Minutes -2- • July 12, 19ft Bearman expressed his concern that with the original plan, if the road connection • was made, different platting would be necessary. He then asked if the collector road Does through, would there be a problem placing two buildings on the upper right portion of the site. Shardlow replied that it is a very difficult area to develop effeciently. Woodrow Bjork, 14302 Stratford, was concerned that the southern most building has now added a loading dock and stated he felt that something other than industrial should go on the lot if the collector road goes through. Ron Bastyr, McCombs-Knutson stated he was concerned with the transition between the industrial and his proponent's request for Kings Forest which is next to this site. He stated that they would consider placing a joint buffer there. Shardlow stated he felt that a transition could he worked out. Johnson stated that a buffer between the industrial and single family would absorb some of the noise. Torjesen asked if there was another way for a transition between industrial and single family. Johnson replied that other transitions are going from single family to medium density to industrial. Bearman stated he felt that large trees and open space is the ideal buffer. Dick Sathre, 6511 Manchester, stated that residents that live by the inner corner are pleased with the buffer and stated that with a 150' buffer, they are still in the floodplain and stated he would like to see a 200' buffer. He was opposed to the collector road and stated he likes the plan as is and stated he wants his seclusion. Hanley Anderson, 6581 Manchester, felt that the two proposals (Eden Prairie Partnership and Kings Forest) are interrelated and stated that he would like to see a total plan of both projects put together. Bearman stated that they are two different public hearings. He then asked Mr. Bastyr and Mr. Shardlow to place their plans adjacent to each other. Gartner stated that she felt that if she would have seen Kings Forest at the first meeting when Eden Prairie Partnership was reviewed, she would have felt that the road should go through. Hanley Anderson stated he does not like the road going through. Wayne Gilbertson, 6580 Leesborough, asked where truck traffic will go. Johnson replied to Birch Island Road. She described the median location which would direct truck traffic. Torjesen stated he felt that the appropriate motion at this time would be to continue. the project. Bearman stated he felt that the roads are needed. . Shardlow stated that a recommendation given to him by staff was to amend the Comp- rehensive Guide Plan. He felt that the project had not been processed as an amend- ment. /5.4I7.lI• Unapproved Planning Commission Minutes • -3- July 12, 1982 Marhula stated that he felt that the ordinance needs updating and that.Shardlow expressed good points. Johnson briefly reviewed the Comprehensive Guide Plan change review process. MOTION 1 Gartner moved to close the public hearing. Retterath seconded, motion carried 7-0. MOTION 2 Gartner moved to recommend to the City Council denial of the PUD Concept and plat approval because the plan is not consistent with the Comprehensive Guide Plan (road connection). Retterath seconded, motion carried 7-0. /6(2 approved Planning Commission Minutes June 14, 1982 MEMBERS ABSENT: William Bearman and Dennis Marhula ( B. EDEN PRAIRIE PARTN[RSHIP, by Undestad Investment Company.Request for a Planned Unit Development Concept approval for industrial uses on 32 acres (27 acres of wihch is zoned I-2), rezoning from Rural to I-2 for approximately 5 acres, preliminary plat approval of 6 lots and 3 outlots, possible variances from the I-2 District, and approval of • an Environmental Assessment Worksheet. Located in the southwest quadrant of the intersection of Co. Rd. 67 and the Chicago Northwestern Railway. A continued public hearing. The Planner stated that this item had been continued from the May 19, 1982 meeting. Revised plans have been submitted. He stated it is questionable if residential ' will work as a transition. Staff has looked at accommodating a residential through street in the site and stated it can be done with medians. The amount of peak hour traffic will not be high, even if Edenvale develops to 1200 units. Birch Island Road will someday be upgraded. The street will be similar to a resid- ential through street. He stated that John Shardlow and Geoff Martin were present. He reviewed the staff report dated 6/11/82. Shardlow felt that the most important issue to discuss would be whether Eden Prairie wants the collector road going through the site or not. He stated that no extension of Canterbury Lane is proposed. He reviewed the site lines and the berms. He stated that if the Planning Commission did not feel they could take action tonight, the proponent requests that the item be tabled at least two weeks. Hallett asked if there is a planned use for Outlot C. Shardlow replied no. Sutliff felt that the proposed use of the land south of the collector road would be spot zoning. Retterath asked the zoning of Outlot C. Shardlow replied that everything that is being requested for development is zoned I-2. Hallett stated he was concerned with the 50' setback on the side of the site. Retterath asked if the proponent could build now with the exception of the southern 5 acres. The Planner replied that they would need platting. Hallett asked if trees are being removed to construct the building. The Planner replied that approximately 50' wide of trees are being removed. Woodrow Bjork, 14302 Stratford Road, stated he di,.: not want the collector road to go through. Dick Sather, 6511 Manchester Lane, stated he did not want the collector road to go through and that he did not want Manchester Lane made into a through road. Roger Sandvick, 14280 Stratford Road, stated he was uncomfortable looking at the building. Robert Hoel, 65Ib Manchester Lane, was also opposed to the collector road. ipproved Planning Commission Minutes -6- June 14, 1982 Wayne Gilbertson, 6580 Leesborough Avenue, was also opposed to the collector road. Hallett stated he felt that there would be advantages to have the collector road and felt that Canterbury Lane should not go through. He was pleased with the 250' buffering zone for the homes on Stratford. Ciecyl Wyman, 6560 Leesborough Avenue, stated he wanted more buffer area added. Sandvick stated he would like to see a different use on the southern five acres such as office. Shardlow stated that from a planning standpoint, office will have windows looking back at Sandvick's property. The wall towards the resid- ential is planned to be landscaped very extensively and will be built specially for transition with the homes. Sandvick stated he was concerned with the traffic noise. The Planner replied that the site will generate approximately 200 average daily trips. MOTION 1 Gartner moved to close the public hearing. Hallett seconded, motion carried 4-1. Sutliff voted no. MOTION 2 Gartner moved to recommend to the City Council approval of the PUD as per the Proposed Development Plan dated 5/13/82 and modifications as listed in the 6/11/82 staff report without the collector road and eliminating numbers 4 and 6 of the staff report. Torjesen seconded, motion failed, 1-4. Gartner voted aye. MOTION 3 Gartner moved to reopen the public hearing. Sutliff seconded, motion carried 5-0. MOTION 4 Gartner moved to return the plan to the developer for modifications to be made prior to returning the proposal at the July 19, 1982 meeting. Sutliff seconded. DISCUSSION Torjesen stated that the developer should be given direction as to what changes to make. Shardlow asked that the Commission be polled to find out reasons for the failing vote on Motion 2. Hallett stated he supported staff recommendation on the collector road and would like to see a 75' setback of the industrial to the west of the residential area. Sutliff stated he felt that the collector road should go through because Eden Prairie should not develop in isolated pieces. He stated the road would serve as an east/west road from Baker Road to Valley View Road. Gartner stated she did not feel the collector road was necessary. Torjesen stated that he was not pursuaded that the collector road was necessary. Retterath felt collector roads are necessary. Public Safety needs access and felt that there are too many unanswered questions for this project. • approved Planning Commission Minutes -7- June 14. 1982 Sutliff stated that if a road connection was made, the land to the south of the road should be residential. Hallett asked if The Planner could have other information regarding railroad crossings, collector roads, etc. ready for the Commission at the July 12. 1982 meeting. The Planner replied yes. MOTION 5 Torjesen moved to return the project to the developer with direction to modify the plans without the collector road going east. Hallett seconded. DISCUSSION (!. Hallett asked that a 75' setback be provided between the two residences and the developer's to work with the neighborhood be added. Torjesen replied ok. Gartner stated that if agreeable, why not approve the plan with the 75' setback. tonight. Torjesen withdrew his motion. MOTION6 Torjesen moved to recommend to the City Council approval of the PUD as per the Proposed Development Plan dated 5/13/82 and modifications as listed without the collector road, deleting numbers 4 and 6 of the staff report, and adding the 75' setback. Gartner seconded, motion carried 3-2. Sutliff and Retterath voted no. MOTION 7 Gartner moved to return the preliminary plat to the developer for modification prior to zoning as per the Staff report dated 6/11/82 as amended by motion 6, and continue the item to the July 12, 1982 meeting. Hallett seconded, motion carried 5-0. MOTION 8 Gartner moved to return the zoning request to the developer for modification as per the staff report dated 6/11/82 as amended by motion 6, and continue the item to the July 12, 1982 meeting. Sutliff seconded, motion carried 5-0. • 154aC . approved Planning Commission Minutes May 19, 1982 MEMBERS ABSENT: Hakon Torjesen ' A EDEN PRAIRIE PARTNERSHIP, by Undestad Investment Company. Request for a Planned Unit Development Concept approval for industrial uses on 32 acres (27 acres of which is zoned I-2), rezoning from Rural to 1-2 for approximately 5 acres, prelim- inary plat approval of 6 lots and 3 outlots, possible variances from the 1-2 District, and approval of an Environmental Assess- ment Worksheet. Located in the Southeast quadrant of the intersection of Co. Rd. 67 and the Chicago Northwestern Railway. A public hearing. Bearman asked why rezoning is being asked for at a concept stage request. The Planner replied that this is a unique situation because the majority of the site is already zoned for Industrial. There is no staff report at this time because there are some problems which need to be worked out. He introduced John Shardlow and Geoff Martin. Bearman asked that the letter from John Shardlow dated 5/14/B2 should be made part of the minutes. • Shardlow, Howard Dahlgren & Associates, stated that Franklin National Bank owns the property and would like to sell it to Mr. Undestad (they have a purchase agreement). 27 of the 32 acres are zoned Industrial. He gave a brief slide presentation depicting the location of the site and the surrounding land uses. The site will be of office/ warehouse uses. Held a neighborhood meeting on 4/22/82. The Planner stated that no staff report had been compiled but stated that the Compre- hensive Guide Plan contemplates industrial north of the collector road with residential to the south of it. He suggested placing multiple family residential or small office residential in character such as Lakeridge Office Park on the southern portion of the site rather than industrial. He also suggested preserving the buffer entirely or providing a strong visual barrier between the buildings and the property to the south of the site. Sutliff asked the distance between the Bury property and the back property line. Martin replied approximately 300'. Hallett asked the size of Outlot C. Shardlow replied 11 acres and stated that the proponents have talked with the Bury's and they asked if it would be possible to buy more land. Mr. Undestad and Mr. Bury are discussing it at present. Hallett asked who owns Outlot C. Shardlow replied Franklin National Bank. • Marhula asked if Undestad is the developer? builder? Shardlow replied that he is • the acting developer and has an option to buy the land. He also might build and own some parcels on the site. Bearman expressed concern that the collector street will not go through the project. He stated he felt that if the street went through, the southern portion of the site could be developed for something other than industrial. He asked if any buildings are ready to be built. Undestad stated that he has plans for two buildings which would be ready to go once they receive final approval from the City. • approved Planning Commission Minutes -2- May 19, 1982 Bearman asked if the property were rezoned to I-5 instead of 1-2 if there would be better control for berming the site. The Planner stated that I-5 would have larger lots, larger front yard setbacks, and would be easier to screen. Bearman stated he would like to see a sketch showing I-2 vs. I-5 zoning. Bearman asked if the proponent could have just replatted the site. The Planner re- plied yes as one large lot. Sutliff asked about the crossing of the railroad tracks. The Planner stated it would be •at grade. Sutliff asked if ADI's road and this project's road are in conjunction. The Planner replies ne, ADI's is.to the east of this road. Sutliff stated he would like to see a road map in conjunction. • Hallett expressed concern with a 100' setback on one side and 50' on the other for the amount of berming possible. 'Dick Sather, 6511 Manchester Lane, stated he liked the buffering but would like Manchester Lane continued. .Tom Striker, 6540 Leesborough, was concerned that the hill behind his house would be taken away which serves as a buffer for him. Mrs. Hoel, 6510 Manchester Lane, wanted the hill and trees saved, and stated h r c• opposition to the project. Shardlow stated that the trees on the hill will be saved. koger Sandvick, 14280 Stratford Road, felt that a 100' buffer was not adequate and .was concerned with the elimination of the collector street. Woodrow Bjork, 14302 Stratford Road, stated that he has seen changes since the neighborhood meeting, but stated they are not all the same. Jerry Wolf, 6600 Canterbury, was concerned with the berming. • 0iris Peterson, 6714 Canterbury, was concerned with: types of buildings to be built, what will be stored on-site, and stated that his previous home was by industrial uses and was broken into three times in the daylight hours. Roland Wyman, 6560 Leesborough Ave., stated he would like the 50' setback increased to 75'. Richard Mavison, 6613 Canterbury Lane, stated that when' he moved into his home, he was told that Canterbury Lane would not be continued to a through street and voiced his concern for adequate buffering. Shardlow stated that after the neighborhood meeting the plan had added buffering, but he had not changed the slides yet. He then showed the added buffering. Melma Mavison, 6613 Canterbury Lane, expressed her concern for the noise to be gen- erated and also the berming. Sutliff asked to see elevations where Birch Island Road would be in conjunction with this site. MOTION Retterath moved to continue the item to the June 14, 1982 meeting. Gartner seconded, motion carried 6-0.' 10.3-1 MEMO TO: Planning Commission FROM: • Chris Enger, Director of Planning DATE: 7/8/82 PROJECT: EDEN PRAIRIE PARTNERSHIP BACKGROUND This item is a continued public hearing from the June 14, 1982 Planning Commission meeting. The Planning Commission acted upon the PUD request at that time, but continued the preliminary plat and rezoning request subject to revisions in the development plan. Included with this report is the revised preliminary plat. RECOMMENDATIONS • 1. Recommend platting of an east/west through road as recommended in the staff repurt of G/11/82. 2. Recommend no rezoning at this time. Final site plans on Outlot C and the lot north of Manchester Lane, for actual proposed buildings would be required before these lots could be rezoned. 3. 75' landscape and grading buffer east of southwest lot must be reinforced with an additional row of evergreens. 4: Cash park fee would be applicable to this project, because of the long established heavy use of park facilities by industrial employees •in leagues, etc. 5. All lots would require individual site plan review by the Planning Commission prior to building. CE:sh • Ii )lAtuttI , TO: Parks, Recreation and Natural Resources Commissidn FROM:' Bob Lambert, Director of Community Services DATE: June 17, 1982 SUBJECT: Development Proposal Check List PROJECT: Fden_ nirie ldriRetship PROPONENT: Undestad Investment Co. REQUEST: PUD Concept approval for 32 acres of industrial, preliminary plat approval for 6 industria ht moots ena rezoning 7-1T.5-acres lromlluraT to 1-2 Park -77 LOCATION:_U r_tjl1J. ,1?nnderpsa...W1i s Addn_,_i ast of Payer RrL cout}: of 87 rrnce.tnwn & east of the Lnicago Northwestern Railroad. .BACKCRouNin Sec I'lanning_.taff Report Dated: • PARK AND RECREATION PLANNING CONCERNS • I. Type of development: Industrial 2. Number of units in residential development: N/A 3. Numb'er of acres in the project: 37 • 4. Special recreation space requirements: None • S. Adjacent to any existing or proposed parks: No • a. Affect on the park: N/A 6. Need fer a mini lurk:.. MQ---- ---'----- 7. Cash par]: fee or land dedication? Cash Park Fee a. If Cash park fee dedication, amount based on existing ordinance will'total$36,764 . •b. If park land dedication, the number of acres to be dedicated is N/A c. Existing or pending assessments or taxes on proposed park property total N/A and will be paid prior to dedication. 8. Adjacr t to exisLLtt�pg or jronnscd trails: 8' asphalt bikeway along the south side of the east�r;est COIIeCtOP YOatl. . a. Type of trails pede,trian/hike . b. Construction material asphalt _ c. Width of trail 8 feet d. Party responsible for construction Developer e. Landownership of trail location:(dedicated, purchased, ROW) ROW NATURAL RrsOuRCr. PRESERVATION CONCERNS • I. Site grading plan considers natural amenities of the site? The majority of the wooded in the southern portion of the site would he preserved within the buffer zone. 2. Most significant grading on the site: • 1(1/ • 3. Significant vegetation on the site includes: The wooded area along the southern boundary of the site. • • 4. The site grading plan indicates preservation of: N/A • S. Adjacent to pob)ic waters: Nino-Mile Crppk a. 'Affect on waters: See Planning Staff Report REFERENCE aufCt 1. Major Center Area Study: N/A 2. C•.i.nhborhood Facilities Study: N/A • S. Purgatory Creek Study: N/A • • 4. Shoreland Management ordinance: See Planning Staff Report page 3 S. Floodplain Ordinance:See Planning Staff Report page 3 —. • b. Guide planJJhe Guide_Bdr dePscts an east/welt collector with residential to the south and industrial to the north. • 7. Other: RECO}t•6\DAT1O5S 1. Adjacent neighborhood type, and any neighborhood opinion voiced in favor or opposed to the project: General ni;iohborhood opinion is opposed to the industrial adjacent to the residential and are also opposed to the east/west collector. 2. Planning Commission Recommendation: The Planning Commission recommended approval of this proposal without the east/west collector. S. Coo.nunity Services Staff Recommendations: Recommends approval of this plan as per the June 11, 1982 Planning Staff Report including the east/west collector. Cormunity Services staff fee]_thlt_the pedestrian/bicycle trail connections are important fnr the sula_seasnns listed in the Planning Staff Report regarding the proposed (. , collector road. • STAFF REPORT • • TO: Planning Commission FROM: Chris Enger, Director of Planning • DATE: June 11, 1982 • PROJECT: EDEN PRAIRIE PARTNERSHIP LDCATION: South of 62 Crosstown, west of Baker Road, east of Chicago Northwestern Railroad, north of Ponderosa Hills Addition APPLICANT: Undestad Investment Company FEE OWNER: Franklin National Bank REQUEST: PUD Concept approval for 32 acres of industrial, preliminary platting for 32 acres (6 industrial lots and 3 outlots), rezoning of 5.5 acres from Rural to I-2 Park (industrial) COMPkEHENSIVt GUIDE PLAN • Eden Prairie's Comprehensive Guide Plan depicts an east/west local collector road across the southern portion of the site. Residential is shown on either side of this road, with industrial to the north. ZONING The entire property (with the exception of 2.7 acres in the southwest and 2.9 in the southeast which are zoned Rural) has been zoned industrial for years. The parcel has been land-locked which has,of course, impeded • .its development. Access is now being provided from the north by a public road improvement which was petitioned for by the property owners in the area. • DEVELOPMENT CONCEPT The owners of this property have been well aware of the City's land use designation for well over a year, and in fact reflect that concept in figure 2 of the development brochure, (this figure shows access to the • industrial area via a cul-de-sac and a residential collector through the southern portion of the property). (, • The current developer has proposed a 100% industrial land use (in addition to requesting significant reduction of the existing Rural buffer areas). After more detailed review of the site, it seems• unlikely that residential use of any significant portion of the site would work. The impact from existing industrial areas and the railroad tracks would be very hard to mitigate. • r.){./$ • Staff Report-Eden Prairie Partnership page 2 The Planning Staff felt that if the plan was approved as 100% industrial, tying in to a residential street with industrial traffic was not desireable. However, after the initial presentation to the Planning Commission, staff was directed to again study the feasibility of the residential collector street. We have evaluated the street again with the Engineering Department and the City Manager and feel that it is highly desireable to preserve this east/west residential connection. Following are reasons for connection to this road: • • 1. Eden Prairie has a long standing problem of local circulation throughout the community. Individual neighborhoods are isolated • and create a "you can't get there from here" situation. Iso- lating each neighborhood concentrates traffic on a few roads (such as County and State arterials). Utilizing these regional road systems for local trips (and in place of local roads) un- necessarily impedes through traffic. 2. This local collector road is designated on the Comprehensive Guide Plan. This was done to plan a local Eden Prairie Road network. 3. This road can be designed as a minor collector or simply a neighborhood through road. The road would start at Valley View Road in Edenvale (as Edenvale Boulevard) and end at Baker Road. The horizontal and vertical alignment of the road will be designed to discourage long through trips. 4. The intersection in this project with the north/south industrial road can be designed to preclude industrial traffic to or from the east, through the future residential area. 5. The connection of the road has no adverse impact on existing neighborhoods, and would be very beneficial to existing and • planned residential areas. • 6. Energy and time would be saved for all types of delivery services, mail, police, and fire safety, school bus routes, and City maintenance crews (snow plowing). 7. The east/west road can be designed as a positive buffer between the residential area to the south and the industrial to the north. 8. At total development, peak hour traffic on this east/west road would be approximately 180 trips. This is very low for a collector road, but high enough to reinforce the need for connection. After a visit to the site, it became more apparent that strong buffers were • area. needed between the single family area and the industrial The developer has submitted a revised proposed development plan and an alternative "B" development plan. The revised proposed development plan does not include a residential collector, but does preserve the southern 250' wooded buffer area. /��t1 . • • Staff Report-Eden Prairie Partnership page 3 • • FL00DPLAIN AND SHORELAND MANAGEMENT The Development Plan would require 20% fill in the Nine Mile Creek floodplain. The majority of this fill would be done adjacent to the railroad tracks in a reach of the Creek already visually impacted. The area east of the Creek crossing would be kept more in its natural state. The floodplain filling is not in an area designated as public waters, but would require approval of the Watershed District. The project as proposed is in conformance with the Shoreland Management Act. PUD DEVELOPMENT PLAN The proposed development plan does not provide a residential through street or residential buffer. The preservation of the southwestern 250' is a definite improvement, however, no specific proposal has been made for buffering Outlot C. The industrial building north of the 250' buffer still will have a very poor impact on the residential area to the east. While this might be mitigated somewhat by landscaping, a much more compatible • land use would be office. • RECOMMENDATI ONS The Planning Staff would recommend approval of the Development Plan B, (residential through road and single family lots north of Manchester Lane). Included as apart of this PUD would be: 1. Development standards as submitted. 2. Designation of the 250' wooded area in the southwest corner as a permanent buffer zone. 3. Extensive landscaping to buffer eastern side of industrial building lying north of 250' buffer zone. • 4. East/west residential road to be designed-as a positive buffer between the industrial and residential area. 5. Developer to work out buffer to residential property to the east and road alignment, prior to preliminary platting. • to two ingle ly s 6 Three ints to orderbe tocallowdadequatesdepth forigradet north change • up to east/west road. 7. Berming to be provided along residential lot as shown in Figure 1. • B. Outlot C berming to be planned for positive screening of industrial area. 9. Lot adjacent to railroad and north of east/west road to be redesigned to provide enlarged frontage on north/south industrial road, eliminating access to residential street. /570 • • Staff Report-Eden Prairie Partnership page 4 • ( 10. All industrial buildings•.to have site plan reviewed by Planning Commis- sion prior to Building permit issuance. 11. Revised grading plan, illustrating road grading, individual lot grading, and all berming and screening be submitted with revised preliminary plat. 12. Cash park fee would be applicable to this project. The preliminary plat should not be approved at this time, but should be revised to reflect the above conditions and returned to the Planning Commission for review. No rezoning prior to revised plans. • CE:sh • • • • • • • • • • • • • /5-7! • • . . s • , -. ., . . . • • • . - . . . . '. .•• I. • ' .1 : . I 4...•. • • .,• • 4 4 . . . . . ,,-• •••:• 1 i1 . r z.: . •, ,,. - . ..f:. ... . . I . / 44 — /. i .) . I I-I • ,.',N, •: I• I••'‘ . . . • . • •'.7:*.',. •• r,,,-..-,:r:,:. ;‘,....,--1 • • • •,!...-/ _ •, . w, • ........... • , ...—..1 I...."• •••4.1 .11 .• . • • 4 • . . ; / .!. ••• % ti• Creek cross it. , .. nil:. . Doi-::• ron • /..sso:,''. ' . - ;' ,• •••• • ‘, ' ' land fill to. ':/ - : i reviewed by , :•ild P:in-iirig Ccir..:itaits :...•, . . ,• •. , ii Watershed Dis • 4 . S., iii:rin. .....;e,-.I.••...0,e..•••••• . . i . • • " ..:. . . . .'.."2: .:17_2 %.-s. •• .... /..,.Kol./11V ,A '... ...,:zy . i. • • . L I . . ' • .A . * * . . .7 4,-*'•- /I'' • : ., • • • .• /,•,. • . , • be designed t•. • ...,7 , ,/ ' , preclude indu- • . • reveloprne nt Flan 13 ---:.• • - /., '2.,2(V.., v , 1 trial traffic • • ' 1 the east. • - 4•1 •••••• • 1 / ‘ ' . . . . • I . . • . Lot to be redesigned fr.. ---/ /I', •: • to eliminate access ,(7-----•, -...=:.•,..,./ /I.\ •.A.. . ./ , eep y ui 1 di ng 4 to residential street7 t( •;•:.=..-,-,• • / . --,,:••••••••-•:• _y•• r•V :... . . - i site summary i - 'F-i---::'".::':: .• - 1 ird151631' c•••••.06••••6 6 396. QIN n ". "'" .11 .,,, j) i J / / ,r,/ liCoordinate (t% v.. 4•.,ft .. at 574 PC /t .•,...., / 4/ ' ,'''',.2y---..i V connection to . 3 , ic..w• 377 a. • i Unt::.s.c,,Ated 195. ,• ":41...',..,,...0<;•..' ''"<__//;/i r ,,/ , • ! , ,• .....-.."---. . iSit160 famt'y, a 92 aC •7 71 as: •''(r.:\>•....:•.....;:z../........1 • / ,.....", /..I—--•••••••••• A • . • lotal um ae / ' `...... 0 L-...-9./ ,N,L1.---- b— . • • 1, -,1 0.„0 ., ...., , ,-., ., _ Keep road hin• • • • •. . /ft; ----\-- --• • • - s' -::....:•,e- /".:1/•• ':-..;-:-.,1 (920'-) as bin • . • --' •••%-- --.....) ,• . .. . .7 ""•••e"--(:--.-j___\,..-.1-."'---':....j:.;•'• 11,1 ' ,),,. hange 3 lots •• ; 1-----SS.„,-..s.--------- - --••-•-•,........-2.t.z.-;-:-:---:-:,-'7.----1-,----- 2 lots to all. . • • • :Additional bermin I . '`"----„_---\-1----- • N; . \ .,. 1_20 10 p maximum grade. L to block view west./;., •-•-'t / 1:,.. .........t../ , ,.. ••----:1; •-; • . ' if.•,-, ..-.,. li 4.,_,,.,._r-•.;•1\ ,...\-_--;i: •,--_-__Iii.,1 --. ' • . k . '. I••';.".,":.:.-1 ',I PO-isTh;l4 .•• ,_.-- T-1 I • • //:',' . ' ''',// (i_ofificb is' ' ' . • "i• • • • - . ./C.'". /_.......J. 1 0 nd r /- ..-.-.••(' ‘.----1 —1 z--.• I i • b i ' ../..,••;',/-, ;/.(----jtise 7 i • i ,-..!•(-- --•••-ii. ---/ • ,••••.- , • ,, ....„,,_, /---•:•_-_ ' .. Provide extensive .; . •e.: ':...:h:" c /ti ... ,-..- ; ;.j . 1 'landscape buffer. / •. • ---• Berming and, :.• ....•j .7.• I: / landscap __•_!..—...C./.......--:-- •— Designate•as per- plan. r1 ,--1 Ii ! a I • i., manent buffer. • • • ' • '. " .1--J i--J. lj i 1:_—_-1—"J..47.: I :L I ./ • • • • • • • • . . -... . •,. . . . • I -1...-•....1..•.1-,,...,"...-\-; ....:),?•.:..i..1r. A.,••',.... . •a !•11 :1I .1.. • •-•—•••••-• 1.• 11.:• 1 •411 1: .,.., • ,•• _L--;---- 1,-, • • i . .. . • . . a' ... ll) ) - - •' ._. .•- • •••• • . .. ._................ 1 • HOWARD DAHLGREN ASSOCIATES Iepon9DfAT[D CONSULTING PLANNERS ONE G R O V E L A N D TERRACE • MINNEAPOLIS,MINNESOTA 56403 Olt•1Tt•1610 • 6 July 1982 • • William Bearman, Chairman and Members of the Planning Commission City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 • ' 'Dear Chairman and Members: On 14 June 1982, the Eden Prairie Partnership received Concept Approval from the Planning Commission for their Industrial Planned Unit Development. The approved proposed development plan includes a loop road which serves six office-warehouse sites. Preliminary plat approval and rezoning were to be given upon completion of the following conditions: 1. The plaposed 50 foot buffer be expanded to 75 feet; 2. The buffers should be worked out with the neighbors prior to Preliminary Plat approval; 3. A revised overall grading plan should be submitted which includes the proposed grading of Outlot C, buffers, and individual lots; and 4. A revised Preliminary Plat should be submitted. • The attached Preliminary Plat, Site, Grading, and Planting Plans have been revised to reflect the Planning Commission's recommendations. The 50 foot buffer on the east side of the southern-most site has been expanded to 75 feet. The hill which buffers the views of the Wymans, Strikers, and Ryes to the existing industrial uses to the north will be graded to strengthen its function as a visual screen. The peak elevation of the hill will be extended into a berm to the south within the 75 foot buffer strip. The berm will be planted with a mixture of evergreen and canopy trees and shrubs to provide year-round screening. The Striker residence is more directly influenced by the development of the southern-most lot. Mr. and Mrs. Striker have reviewed the proposed buffer treatment and have expressed to us their satisfaction. )) ). i / • William Beaman, Chairman and Members of the Planning Commission 6 July 1982 City of Eden Prairie Page 2 The site plan for the southeast lot has been revised in an attempt to satisfy the requests of Mr. noel and Mr. Sather, neighbors to the south. In the previous plan the building was located along the 100 foot buffer line with parking on the north side. The south wall of the building will be bermed to within four feet of the top edge. This solution would have required extensive grading on the east and south side and the removal of some existing trees. In the revised plan the buffer has expanded from 100 feet to 150 feet on the east and angles to 100 feet on the west side. The building is located on the north- . west portion of the site and parking is located to the east. A planted berm located along the buffer line will screen the parking and building. This solution is more effective than the previous plan because it will require less grading, save more trees, and move the building from 100 feet to 180 feet back from the south property line. A few of the adjacent neighbors were concerned that rooftop utilities would be visible and the noise produced would be annoying. The developers have agreed to incorporate in the PUD Agreement that all air conditioning units and other disturbing rooftop utilities shall be located on the ground away from residents. The attached revised grading plan at a scale of 1"=50' illustrates road grades, berming, and individual lot grades as requested by the City staff. The Preliminary Plat also illustrates revisions in lot configurations and buffer easements. Throughout the course of this project, the Eden Prairie Partnership has agreed to work out any reasonable screening and buffering solutions with the neighbors and staff. The solutions illustrated in the revised plans are the result of collaborative efforts between the developers, staff, and residents and we feel are reasonable compromises between all parties. We will be in attendance at the 12 July meeting to present the revised plans and answer any questions regarding the Eden Prairie Partnership's proposed Industrial Planned Unit Development. S. el , • Ge ff�Mar-tin Lands.apt Architect/Site Designer enclosures I 1 ' • • HOWARD DAHLGREN ASSOCIATES iNCOAOOaAtLD CONSULTING PLANNERS ONE G R O V E L A N D TERRACE MINNEAPOLIS,MINNESOTA 55403 612•377-3536 7 June 1982 William Bearman, Chairman and Members of the Planning Commission City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mr. Chairman and Members: As you will recall, we appeered at your 19 May meeting representing the Eden Prairie Partnership and presented their proposed 32 ± acre industrial planned unit development. The following key issues were discussed at that meeting and the item was continued until your 14 June meeting. The Planning Commission members and several neighboring property owners expressed concerns reyardirg the proposed development. Both Chairman Bearman and Commissioner Marhula expressed concern about the decision not to provide for the residential collector street as called for on the Comprehensive Plan. The bulk of the other concerns which were raised were focused on the development of three areas along the southern and eastern boundaries of the property, and the adequacy of proposed buffers in these areas. Since the 19 May meeting, we have discussed this matter with City staff. Although they will clearly want to elaborate on their position in a • staff report, it is our understanding that they favor the following solution: 1. No residential collector. 2. Single family residential off the end of Manchester Lane. 3. A small office building in the southern-most lot (east of the Bury exception). We have met with our clients to discuss this matter and they have agreed to some significant plan modifications to respond to the various concerns. However, they remain very concerned that the staff recommendation leaves the issue of the collector street at least • 1j/) William Bearman, Chairman and Members of the Planning Commission 7 June 1982 City of Eden Prairie Page 2 potentially unresolved. With the time period of their purchase agreement on the subject property running out, the Eden Prairie Partnership is concerned about the prospect of another collector street-related continuance. As we view this development, its future will involve a variation on one of two scenarios. These two scenarios are simply: 1. development which accommodates the residential collector street as shown on the Eden Prairie Comprehensive Plan, and • 2. a development which does not include this collector. As is so frequently the case in such decisions, there are advantages and disadvantages to both scenarios. The paragraphs which follow include a brief discussion of these problems and opportunities and a statement of the developer's position regarding both scenarios. SCENARIO 1: Development Without Residential Collector, Proposed Development Plan At the 19 May meeting, the residential collector was discussed and it was explained that both adjacent neighboring property owners and the developer of the property to the east of the Franklin National Bank property (Centurion Homes) are strongly opposed to this collector. Although our original plans accommodated this roadway, at an initial meeting with City staff, we were directed to provide access to the entire development off a single looped industrial road. This street system is preferred by the developer and is shown on the proposed Development Plan which has been submitted for your review. The area which is most directly affected by this decision (whether or not to include the collector street) is the area just north of the Hoel residence and Sather home and the stubbed section of Manchester Lane. The proposed Development Plan proposes: 1. no extension of Manchester Lane, 2. the provision of a 100 foot setback and buffer yard, 3. the preservation of the land form and the commitment to design a building into this parcel, /j)/D • William Bearman, Chairman and Members of the Planning Commission 7 June 1982 City of Eden Prairie Page 3 4. the retention of the existing trees in this area, and 5. the addition of new landscape materials to enhance the natural buffer. Both alternatives propose the same solution for the southern- most lot including the 250 foot rural zone strip, and Outlot A. Therefore, it is appropriate to discuss these areas in the context of the proposed development plan. Southern-Most Lot, 250 Foot Rural Zoned Parcel. Clearly, the most valuable natural area on the entire 32 acre parcel is the ' heavily wooded area at its extreme southern border. The previous plan proposed a 100 foot setback in this area, a considerable encroachment into the woods and the removal and destruction of many valuable trees. The proposed development for this area calls for a 42,800 square foot office/warehouse building (a reduction of 17,200 square feet of building from the previous plan) on this southern-most lot. The proposed plan provides the entire 250 foot wooded, rural zoned portion of the lot as a buffer area. This change greatly improves the buffering and screening of the proposed use from the most difficult adjacent lots. Every attempt will be made to increase the proposed east-west setback of 50 feet in the actual development of this parcel. However, given the grading and drainage complications on this site, the developer is hesitant to commit to a greater setback at this time. The developer continues to extend the offer to all affected neighbors to work with them to identify and • implement the best screening and buffering plan for their unique situation. Outlet C. The southern border of Outlot C is predominantly unwooded. The proposed plan proposes access to the site from Li. ort with no extensi ,^ of Canterbury Lane. A 100 foot setback`to any activity is proposed along with a screening planting and an agreement to reforest the area over a reasonable period. L• SCENARIO 2: Residential Collector Provided The Eden Prairie Comprehensive Plan shows the extension of an east— /7 7 William Bearman, Chairman and • Members of the Planning Commission 7 June 1982 City of Eden Prairie Page 4 west residential collector street across the Franklin National Bank property. The proposed function of this roadway (residential collector) has serious land use and site planning implications when routed through an industrial park. The solution which appears clearly intended by the Comprehensive Plan is to use the residential collector to provide the northern border of the residential neighborhood. This basic neighborhood design concept is evident in the majority of the planned cities in this Region. Consistent with this design would be the extension of Manchester Lane to connect with this collector. It is evident that at least some extension of this roadway was understood at the time the plans for the Ponderosa Hills Subdivision were approved, since it was stubbed and not cul-de- sacced. If the City decides to require this residential collector, it is the Eden Prairie Partnership's request that the Planning Commission recommend Concept Approval, and Preliminary Plat Approval for Development Plan B. This plan proposes a cul-de-sac at the end of Manchester Lane and three single family Jots (average lot size 0.92 acres). It is the developer's position that this transition is reasonable with the collector street proposed. However, we feel that if the collector is not extended, the 100 foot setback and retention of existing trees proposed along with the Proposed Development Plan is a better solution for both the neighbors and the developers. CONCLUSION Copies of this letter and prints of both development plans have been sent to each adjacent property owner. We would, therefore, like to once again express our willingness to meet with and discuss the unique buffering and screening requirements of each individual property. The Eden Prairie Partnership has once again assured us that they are committed to any reasonable screening and buffering solution. We will be in attendance at your 14 June meeting to present the revised plan and answer any questions which you might have regarding the Eden Prairie Partnership's position. k. Sincerely, Joh Shardlow cc: Norm Undestad Thomas Allen, Franklin National Bank Lloyd'Peterson Adjacent Property Owners • May 19, 1982 Christopher M. Petersen Carolyn D. Parsons 6714 Canterbury Lane Eden Prairie, Minnesota 55344 Planning Commission City of Eden Prairie Eden Prairie, Minnesota 55344 Dear Sirs: This letter is in comment to the proposed use and rezoning of land entitled Eden Prairie Partnership Industrial PUD. We applaud Undestad Investment Company and Howard Dahlgren Associates for an aesthetically pleasing proposal in terms of screening and landscaping the industrial park. However, we are opposed to the proposal for the following reasons: 1) There is potential for a large increase in noise pollution for the adjoining neighborhood. Although Undestad has assured us that the industrial park will be used for "warehousing", the type of warehousing has not been described. If it is intended for use as a distribution center, then there will be semitrucks arriving and departing at all hours of the day and night. A compromise guarantee that the trucks would only have access to the industrial park during daytime hours would be unenforceable and easily ignored after the park opened. Additionally, there may be noise 24 hours a day due to refrigeration or air conditioning units in the warehouses. The proposed landscaping will visually screen the industrial park, but will have minor impact on noise reduction. 2) There is potential for an increase of crime due to the close proximity of the industrial park to a residential area. In addition to greater accessibility to the homes, there would also be much more convenient routes for removing property from the homes. The park would also provide greater opportunity for loitering and "casing" of `- homes. 3) There is potential loss of resell value to residences in the area. This would be due to the previous two reasons plus the loss of aesthetic appeal to the lots. Although tastes do differ, it is assumed that most potential homebuycrs would prefer a view of an undeveloped woodsy lot to a warehouse. • -2- l Although every landowner (and developer) certainly has the right to use his land, we feel that the welfare of the current residents in the area must first be considered. As such, we see no benefits to the proposed industrial park and numerous detriments as previously outlined. As former residents of several rapidly growing communities, we have had the unfortunate experience of watching several well-meaning communities grow into sprawling urban messes. We don't want to see this happen to Eden Prairie. We see no reason for an industrial park to be placed so close to a residential area. • We urge the planning commission not to approve zoning of the currently undesignated zones to I-2. Sincerely, Christopher M. Petersen Carolyn D. Parsons DEPARTMENT OF TRANSPORTATION •' 320 Washington Av. South u l u Hopkins, Minnesota 55343 \_•s HENNEPIN 935-3381 May 18, 1982 Mr. Chris Enger Director of Planning City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 • Dear Mr. Enger: RE Proposed Plat - "Eden Prairie Partnership - Industrial PUI1' CSAH 67 SE Quadrant of Chicago Northwestern Railway Section 3, Township 116, Range 22 Hennepin County Plat No. 1021 • Review and Recommendations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and found it acceptable with consideration of these conditions: -To help limit the number of access points onto CSAH 67 and to provide the minimum safe distance of approximately 150 feet between the railroad crossing and the street intersection, the developer must use the westerly access point previously approved by Hennepin County for Westwood Industrial Park as stated in the August 19, 1981 letter (Attachment 1). -All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes, but is not limited to, drainage and utility construction, trail development, and landscaping. See our Maintenance Division for utility permit forms. -The developer must restore all areas disturbed during construction within County right of way. Please direct any response or questions to Les Weigelt. Sincerely, James H. Wold, P.E. Chief, Planning and Programming JM ILr :p1 Attachment HENNEPIN COUNTY an equal opporlunity employer c!) • HOWARD DAHLGREN ASSOCIATES INCOAPORrtCO CONSULTING PLANNERS ONE GROVE LAND TERRACE MINNEAPOLIS,MINNESOTA 55403 • 612•377.3b35 14 May 1982 William Bearman, Chairman Members of the Planning Commission City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 ATT TION: Chris Enger, Planning Director ' RE:Eden Prairie Partnership Proposed Industrial Development Dear Chairman Bearman and Members of the Commission: Enclosed for your review is a copy of revised site sections and a survey prepared by RCM, Inc. which locates all trees within the proposed 50 foot buffer yard, along the eastern edge of the southern-most lot of the Eden Prairie Partnership development. This survey also locates all of the trees 20 feet into the adjacent resi- dential lots and the first floor elevations of all of the homes located in this area. The revised sections incorporate the information contained on this survey. Please be'advised that section e - e' has also been revised following a site inspection and discussion with the abutting land owner, Mr. Sather, 6511 Manchester Lane. The revised grading and landscape concepts for this area will allow much of the existing dense vegetation to be retained and the proposed building to be screened in a more effective manner. This approach to the handling of this area was suggested by Mr. Sather, and we have sent a copy of the revised drawing to him for review and comment. Clearly one of the most sensitive areas on the entire 32 ± acre parcel is the densely wooded 250 foot strip along the extreme southern-bor'der of the property. This area contains many valuable oak trees, as well as other hardwood and softwood species. The land is currently zoned Undesignated. k. We have discussed the future disposition of this portion of the property with our clients and City staff. We all agree that it would Pc? William Boatman, Chairman Members of the Planning Commission - 14 May 1982 City of Eden Prairie Page 2 be truly a shame to remove the trees in this area for industrial development. However, as you know, this is valuable land and cannot simply be taken for public purpose without some reasonable financial consideration. The following table summarizes the area of land which is currently proposed to remain permanently undeveloped to protect Nine Mile Creek and the associated wetland. PERCENT AREA OF TOTAL Outlot A 1.16 acres Outlot B 3.0 acres SUBTOTAL 4.16 acres 13% • Undesignated Area 1.95 acres 6% TOTAL 6.11 acres 19% The 4.16 acres contained in Outlots A and B already account for 13 percent of the total acreage in this development. As this table also illustrates, the addition of the 1.95 ± acres in the area zoned "Undesignated" would increase this to 6.11 acres, or 19 percent of the gross acreage of the project. We have discussed this matter with our clients. In addition to their fundamental financial concern, they have raised a number of practical concerns as well. For instance, if this entire 250 foot strip were to remain undeveloped, how should it be platted, and who should ultimately be responsible for it? It is highly unlikely that a proposed developer/ operator of an office/warehouse would be interested in also purchasing a two acre private park. It's clear that this area is a natural amenity for the abutting neighborhood. Residents who attended the informational meeting on 22 April stated that they enjoy the natural character of the area and the buffer which it provides from the nearby industrial area. If it were to be retained, it would clearly be to serve this public purpose. Therefore, even if t. the City were to determine that this area should not be developed as a passive park, it would fall under the definition of "public purposes" as it is addressed in the State Legislation addressing public dedication. It should also be noted that this same Statute addresses the preservation of stream beds and wetlands as also serving the same William Bearman, Chairman • Members of the Planning Commission 14 May 1982 City of Eden Prairie Page 3 public purpose, and therefore, some consideration should be given in this regard for the land contained in Outlots A and B. In summary, the Eden Prairie Partnership acknowledges that this southern-most section of their proposed development contains valuable natural features and should be protected. They stand ready to negotiate any reasonable scenario to accomplish this objective. The plan which has been submitted continues to propose the retention of a 100 foot buffer strip, which we are confident would successfully accomplish the objective of visually screening the proposed development. We have discussed a number of these issues with Chris Enger and we agree with his conclusion that a subsequent design review of individual sites should be attached as a condition of approval. We have understood the need for this type of review from the beginning and due to this need we agreed to represent•Eden Prairie Partnership only on the condition that they process their project as a Planned Unit Development. It was also in recognition of the difficult relationships which exist between the subject property and adjacent single family lots that we had an informational meeting with these neighbors on 22 April. At the informational meeting we presented our preliminary concept and extended the offer to work with each of them to develop and implement an acceptable landscape buffering solution for each of the unique situations. It should be noted that although our clients may sell some of these individual lots for development by others, the Eden Prairie Partnership has agreed to undertake all of the necessary rough grading and the planting of all necessary buffer yards before any development occurs on the property. In conclusion, this 32 acre parcel poses many complicated issues which must be addressed in the development review and approval process. Throughout our planning and design of this development our clients have expressed a willingness to comply with any reasonable conditions of appro"al. We look forward to attending your meeting on 19 May to make a full presentation of the Eden Prairie Partnership proposal and to working with you in determining the proper settlement of the impor- tant issues which lie ahead. Sincerely, c. Jo . Shardlow P cipal Planner cc: Thomas Allen, President Norm Undestad Franklin National Bank Undestad Investment Company 2/8/77 June, 1982 • MINNESOTA ENVIRONMENTAL QUALITY COUNCIL ENVIRONMENTAL ASSESSMENT WORI:SHEET (EAW) AND NOTICE OF FINDINGS DO NOT WRITE IN THIS SPACE E.R. # • NOTE: The purpose of the Environmental Assessment Worksheet (EAW) is to provide information on a project so that one can assess rapidly whether or not the project requires an Environmental impact Statement. Attach additional pages, charts, maps, etc, as needed to answer these questions. Your answers should be as specific as possible. Indicate which answers are • estimated. I. SUMMARY A. ACTIVITY FINDING BY RESPONSIBLE AGENCY (PERSON) •R Negative Declaration (No EIS) l J EIS Preparation Notice (EIS Required) B. ACTIVITY IDENTIFICATION 1. Project name or title Eden Prairie Partnership Industrial P.U.D. 2. Project proposer(s) Undestad Investment Company 5001 78th Street West Address 1045 Southgate Office Plaza, Bloomington. Minnesota 55437 Telephone Number and Area Code (612 ) 831-1289 3. Responsible Agency or Person City of Eden Prairie • Address 8950 Eden Prairie Road, Eden Prairie, Minnesota 55344 Person in Responsible Agency (Person) to contact for further information on this EAW: Chris Enger Telephone (612) 937-2262 4. This RAW and other supporting documentation are available for public in- spection and/or copying at: Location 8950 Eden Prairie Road Telephone 937-2262 Hours 8am-4:30pm 5. Reason for EAW Preparation XX Mandatory Category -cite • O Petition E'Other MLQC Rule number(s) 24 (bb) at least 175,000 sq. ft. industrial space C. ACTIVITY DESCRIPTION SUMMARY 1. Project location County Hennepin City/Township name Eden Prairie Township number 116 (North), Range Number 22 East or West (circle one), Section number(s) 3 Street address (if in city) or legal description: SEE ATTACHED LEGAL DESCRIPTION - , - 2. Type and scope of proposed project: 32 acre office/warehouse industrial park with 303,000 sq. ft. of space. 3. Estimated starting date (month/year) Fall, 1982 4. Estimated completion date (month/year) Fall,1984 5. Estimated construction cost Complete costs are approximately $22/square foot 6. List any federal funding involved and known permits or approvals needed from each unit of government and status of each: Unit of Government Name or Type of Permit/Approval Status (federal, state, or Federal Funding regional, local) CITY OF EDEN PRAIRIE PUD Development Plan Approval Submitted for Approval -Planning Commission & City Council Building Permits Will be applied for as necessary NINE MILE CREEK WATERSHED DISTRICT Watershed District Permit To he submitted after City approvals MINNESOTA DNR The requirement of a permit from the DNA will be determined when specific designs for creek rehabilitation are known. 7. If federal permits, funding or approvals are involved, will a federal EIS be prepared under the National Environmental Policy Act? NO YES UNKNOWN • II. ACTIVITY DESCRIPTION A. Include the following maps or drawings: 1. A map showing the reyiu,ial location of the project. 2. An original 8'2 x 11 section of a U.S.G.S. 71/2 minute, 1:24,000 scale map with the activity or project area boundaries and site layout delineated. Indicate quadrangle sheet name. (Original U.S.G.S. sheet must be main- tained by Responsible Agency; legible copies may be supplied to other EAW distribution points.) 3. A sketch map of the site showing location of structures and including significant natural features (water bodies, roads, etc). 4. Current photos of the site must be maintained by the Responsible Agency. Photos need not be sent to other distribution points. B. Present land use. 1. Briefly describe the present use of the site and lands adjacent to the site. The subject property is presently vacant. Immediately to the north and west are existing industrial uses. A Chicago-Northwestern Railway borders the west property line. Single family residences exist along the south property line and the land is vacant to the east. 2. Indicate the approximate acreages of the site that are: a. Urban developed 0 acres f. Wetlands (Type III, IV, V) 0 acres b. Urban vacant 26.5 acres g. Shoreland 7 acres c. Rural developed 0 acres h. Floodplain 5.64 acres d. Rural vacant 5.5 acres i. CroplancVPasture land 0 acres e. Designated Recro- 0 acres j. Forested 3.0 acres ation/Open Space • 2 ' j a 3. List names and sizes of lakes, rivers and streams on or near the site, particularly lakes within 1,000 feet and rivers and streams within 300 feet. Nine Mile Creek is located in the northern portion of the site. C. Activity Description 1. Describe the proposed activity, including staging of development (if any), operational characteristics, and major types of equipment and/or pro- cesses to be used. Include data that would indicate the magnitude of the proposed activity (e.g. rate of production, number of customers, tons of raw materials, etc). The plan includes six office/warehouse buildings ranging in size from 40,000 square feet to 58,000 square feet with a total of 303,000 square feet. A loop road will be extended from County Road 67 to the north to Birch Island Drive to the west. Combined access poirts between adjacent lots provide access for trucks and service vehicles to the loading dock areas. Loading docks are situated internally to screen all industrial activities from single family residents and through traffic. Landscaped buffers of 100 feet and 50 feet are provided between the single family homes and office warehouse uses. Development staging is as follows: Mass grading, road construction, and utilities are • (SEE ATTACHED PAGE) 2. Fill in the following where applicable: a. Total project area 32 acres g. Site of marina and access 0 sq. ft. or channel.(water area) Length 0 miles h. Vehicular traffic trips generated per day 2,070 ADT b. Number of housing or recreational units 0 i. Number of employees 364-436 c. Height of structures 18 ft. j. Water supply needed 4,500 gal/da Source: d. Number of parking spaces 485 k. Solid waste requiring disposal 250 tons/yr e. Amount of dredging 0 cu. yd. 1. Commercial, retail or f. Liquid wastes requir- industrial floor space 303,000 sq. ft. ing treatment 0 gal/da III. ASSESSMENT OF POTENTIAL ENVIRONMENTAL IMPACT A. SOILS AND TOPOGRAPHY 1. Will the project be built in an area with,slopes currently exceeding 12%? No X Yes 2. Are there other geologically unstable areas involved in the project, such as fault zones, shrink-swell soils, peatlands, or sinkholes? _NO X YES 3. If yes on 1 or 2, describe slope conditions or unstable area and any measures to be used to reduce potential adverse impacts. The site is characterized predominantly by lolling topography with old field vegetation. The majority of the slopes, range from 6-12% with 0-6% slopes located in low pockets and slopes over 12% located randomly around the perimeter of the site. A pocket of peaty muck will be filled in the southwest portion of the site and graded to accommodate development. Buildings on the cast portion of the site will be built and step down slopes to minimize g..uu,ileg. A retaining structed ll in htheemade south central portion of the srt'e where a cut along the side of the hill wi to accomod ate the loop road. • 4. Indicate suitability of site soils for foundations, individual septic systems, and ditching, if these are included in the project. The majority of the site consists of Burnsville Sandy Loam with a large pocket of filled land in the central portion of the site. These soil's have good bearing capacity for foundations according to Hennepin County Soil Survey. 5. Estimate the total amount of grading and filling which will be done: 100,000 cu. yd. grading 77,000 cu. yd. filling 66 4 What percent of the site will be so altered? 6. What will be the maximum finished slopes? 2.5:1 or 40% 7. What steps will be taken to minimize soil erosion during and after construction? During construction straw bales will be staked in strategic locations to direct and slow water run-off and minimize erosion. After final grading all slopes will be seeded, mulched, and overlayed with a biodegradable mesh. Slopes in buffer areas will be planted with ground cover, shrubs, and trees. All subject to approval of Nine B. VEGETATION Mile Creek Watershed District. ' 1. • Approximately what percent of the site is in each of the following vegetative types: Woodland 9.3 % Cropland/ --% Pasture Grass, Brush or shrubs 73.7 % Harsh 17 t Grass or herbaceous -- % Other Y (Specify) 2. How many acres of forest or woodland will be cleared, it any?1.15 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 Uncommon Ones.) .x NO YES if yes, list tine species or area and indicate any measures to be used to reduce potential adverse impact. • C. FISH AND WILDLIFE 1. Are there any designated federal, state or local wildlife or fish manage- ment areas or sanctuaries near or adjacent to the site? X NO YES 2. Are there any known rare or endangered species of fish and wildlife on or near the site? (See DNR publication The Uncommon X NO YES Ones.) 3. Will the project alter or eliminate wildlife or fish NO X YES habitat? Some wildlife habitat will be altered in that the grassland and portions of the woodlands will he developed for office/warehouse uses. 4. If yes on any of questions 1-3, list the area, species or habitat, and indicate any measures to be used to reduce potential adverse impact on them. Animal and bird species associated with sandy environments will be displaced by construction. The buffer area around the site and Creek Conservancy Area can provide habitat. 4 D. HYDROLOGY I. Will the project include any of the following: If yes, describe type of work and mitigative measures • to reduce adverse impacts. a. Drainage or alteration of any lake, pond, marsh, NO YES lowland or groundwater supply __ E b. Shore protection works, dams, or dikes X c. Dredging or filling operations _._ E d. Channel modifications or diversions __ _IL_ e. Appropriation of ground and/or surface water - _X_ f. Other changes in the course, current or cross- x section of water bodies on or near the site • 2. What percent of the area will be converted to new impervious surface? 42 % 3. What measures will be taken to reduce the volume of surface water run- off and/or treat it to reduce pollutants (sedirent, oil, gas, etc.)? The proposed office/warehouse development should have normal urbanizing surface run-off characteristics. The urbanized portion of the site will drain into street with curb and gutter and ultimately into storm sewers at various points. A sedimentation pond has been provided to collect sediment from run-elf before it enters Nine Mile Creek. 4. Will there be encroachment into the regional (100 year) floodplain X YES by new fill or structures? ND If yes, does it conform to the local £loodplain ordinance? NO X YES 5. What is the approximate minimum depth to groundwater on 5 feet the site? According to the County Soil Survey, the depth to ground water is usually below five feet in areas with a sandy loam soil and within a E . WATER QUALITY foot of the surface in of process ty muck orcooling water,, sanitary sewage 1. Will therew be a dischargetwater body or to groundwater? X NO YES If others, pecif waters to any of pollutants and the If yes, specify the volume, the concentration 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. The discharge of waste water to the treatment plan will not contain any toxic, corrosive, or unusual pollutants. 3. Will any sludges be generated by the proposed project? NNO YESIf yes, specify the expected volume, chemical composition and method of disposal. No sludges will be generated by the proposed project. • S — 4. What measures will be used tp minimize the volumes or impacts identified in questions 1-3? 5. If the project is or includes a landfill, attach information on soil profile, depth to water table, and proposed depth of disposal. The property will not include a landfill. F. AIR QUALITY AND NOISE 1. Will the activity cause the emission of any gases and/or particulates into the atmosphere? N0 X YES If yes, specify the type and origin of these emissions, indicate any emission control devices or measures to be used, and specify the approxi- mate amounts for each emission (at the source) both with and without the • emission control measures or devices. Emissions from construction equipment will occur during building stages. • 2. Will noise or vibration be generated by construction and/or operation of the project? N0 X YES If yes, des--=^^ `he noise source(s); spocif_y decibel levels [dD(1.1], a duration (hrs/da) for each and any mitigative measures to reduce the noise/vibration. Noise will be generated by construction equipment during the grading operation. The effect of noise on adjacent dwellings is a function of the distance between the source and the dwelling. The following table shows decibell levels at the machine and at a distance of 250 feet. (see ATTACHED SHEET) 3. If yes on 1 or 2, specify whether any areas sensitive to noise or -reduced air quality-(hospitals,elderly housing, wilderness, wildlife areas, residential developments; etc.) are in the affected area and give distance from source. The minimum distance between a proposed loading dock and a single family home is 300 feet. In all cases, the warehouse buildings and a densely planted buffer strip will separate single family residents from loading docks after completion. During construct- grading will be done up to the southeastiproperty line. Thee estimated closestted time resid perfor is G. LAND RESOURCE CONSERVATION, ENERGY will be minimal. 1. Is any of the site suitable for agricultural or forestry production or currently in such use? X NO YES If yes, specify the acreage involved, type and volume of marketable crop or wood produced and the quality of the land for such use. No portion of this site is currently in use for agriculture or forestry production. 2. Are there any known t.ineral or peat deposits on the site? NO X YES - If yes, n;aci`y the tyre of deposit and the acre ate. A 1.97 acre depression of peaty muck exists in the west central portion of the site. • • - 3. Will the project result in an increased energy demand? NO X YES Complete the following as applicable: a. Energy requirements (oil, electricity, gas, coal, solar, etc.) Estimated Peak Demand Annual (hourly or ncily) Anticipated Firm Contract or Type Requiresrent Sumner Winter Supplier Interruptible Basis? Electric 25,000 kwh/mr NSP Interruptible Gas 60 billion cf Plinnegasco Interruptible • b. Estimate the capacity of all proposed on-site fuel storage. None c. Estimate annual energy distribution for: space heating 40 ♦ lighting 20 t air conditioning 45 5 processing 5 • ventilation ]0 i d. Specify any major energy conservation systems and/or equipment incorporated into this project. The buildings proposed arc sited to provide opportunities for incorporating passive or active solar energy measures. Buildings to the east are to be built into the hill or bermed. • e. What secondary energy use effects may result from this project (e.g. more or longer car trips, induced housing or businesses, etc)I H. OPEN SPACE/RECREATION 1. Are there any designated federal, state, county or local recreation or open space areas near the site (including wild and scenic rivers, trails, lake accesses)? 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. A quasi-public open space (flood plain area) area is located approximately 350 feet to the west of the property across the railroad tracks. The proposed development will not have any adverse affects on the open space. • • I i — 7 — • • H. TRANSPORTATION 1. Will the project affect any existing or proposed transportation systems (highway, railroad, water, airport, etc)? NO X YES If yes, specify which part(s) of the system(s) will be affected. ror 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). Automobile and truck traffic will be increased on County Road 67. Most traffic will be enroute to and from Interstate 494 which is one-half (1) mile to the east. Of the estimated 2100 ADT all will travel Co. Rd. 67 then disperse to Baker Road off 1-494. 2. Is mass transit available to the site? X NO YES MTC Bus service is provided along County Road 4 - 3/4 mile to the west of the site. 3. What measures, including transit and paratransit services, are planned to reduce adverse impacts? • • • J. PLANNING, LAND USE, COMMUNITY SERVICES comprehensive 1. Is the project consistent with local and/or regionalNO X YES plans? If not, explain: The proposed plan is a detailed sketch illustrating development of land use transitions as proposed in the comprehensive plan. • • If a zoning change or special use permit is necessary, indicate existing zoning and change requested. Currently, of the total 32 acres, 26.5 are zoned I-2 (Industrial Park) and 5.5 acres are zoned as Rural. The 5.5 acres would have to be rezoned from Rural to I-2. • • 2. Will the type or height of the project conflict with the character of the existing neighborhood? X NO YES If yes, explain and describe any measures to be used to reduce conflicts. The character of the existing industrial uses bordering to the north and west of the site is that of an old-style industrial development with Sextexterior rl rfunscreened storage of heavy equipment, and building materials. the buildings are plain concrete block or metal and surrounded by unpaved, dusty parking lots. The single family residences to the south are well established, middle- to upper income homes on lots averaging 22,500 square feet. . (see ATTACHED SHEET) • • - 3. How many employees will move into the area to be near the project? N/A How much new housing will be needed? N/A 4. Will the project induce development nearby--either support services or similar developments? NO If yes,explain type of development and specify any other counties and municipalities affected. • • • 5. Is there sufficient capacity in the following public services to handle the project and any associated growth? Amount required Public Service for project Sufficient capacity? water 4,500 ± gal/da I yes wastewater treatment 2,250 ± gal/da yes sewer 2,600 ± feet yeS schools ?'.ONE pupils yes solid waste disposal 20 ton/mo yes streets .33 miles yeS other (police, fire, etc) yes If current major public facilities are not adequate, do existing local plans call for expansion, or is expansion necessary strictly for this one project and its associated impacts? The City of Eden Prairie is planning to extend a sanitary sewer line through the site which is to be constructed this summer. 6. Is the project within a proposed or designated Critical Area or part of a Related Actions EIS or other environmentally sensitive plan or program reviewed by the EQC? X NO _YES If yes, specify which area or plan. 7. Will the project involve the use, transportation, storage, release or disposal of ;otentially hazardous or toxic liquids, solids on gaseous substances such as pesticides, radioactive wastes, poisions, etc? X NO YES If yes, please specify the substance and rate of usage and any measures to be taken to minimize adverse environmental impacts from accidents. B. When the project has served its useful life, will retirement nt of the facility require special measures or plans? 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? XNO YES • Might any known archaeologic or paleontological sites be affected • by the activity? 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. • I• . • - 10 - • • V. FINDINGS The project is a private ( ) governmental ( X ) action. The Responsible Agency (Person), after consideration of the information in this EAW, and the factors in Minn. Reg. MEQC 25, makes the following findings. 1. The project is ( ) is not ( X ) a major action. State reasons: 2. The project does ( ) does not ( X ) have the potential for significant environmental effects. State reasons: 3. (For private actions only.) The project is ( ) is not ( ) of more than local significance. State Reasons: IV. CONCLUSIONS AND CERTIFICATION NOTE: A Negative Declaration or EIS Preparation Notice is not officially filed until the date of publication of the notice in the EQC Monitor section of the Minnesota State Register. Submittal of the EAW to the EQC constitutes a request for publication of notice in the Eg_C_Monitor. A. I, the undersigned, am either the authorized representative of the Responsible Agency or the Responsible Person identified below. Based on the above findings, the Responsible Agency (Person) makes the following conclusions. (Complete either 1 or 2). 1. _'NEGATIVE DECLARATION NOTICE No EIS is needed on this project, because 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. 11 �� ;� • 2. EIS PREPARATION NOTICE --An EIS will be prepared on this project because the project is a major action and has the potential for significant environmental effects. For private actions, the project is also of more than local significance. a. The F9:QC Rules provide that physical construction or operation of the project must stop when an EIS is required. In special circumstances, the .MEQC c n specifically authorize limited construction to begin or continue. If you feel there are special circumstances in this project, specify the extent of progress recommended and the reasons. •• b. Date Draft LIS will be submitted: (month) (day) (year) (MEQC Rules require that the Draft EIS be submitted within 120 days of publication of the EIS Preparation Notice in the EQC Monitor. If special circumstances prevent compliance with this time limit, a written request for extension explaining the reasons for the request . must be submitted to the EQC Chairman.)' c. The Draft EIS will be prepared by (list Responsible Agency(s) or Person(a)): Signature Carl J. Jullie, City Manager Title Date B. Attach an affidavit certifying the date that copies of this EAW were mailed to all points on the official EQC distribution list, to the city and county directly impacted, and to adjacent counties or municipalities likely to be directly impacted by the proposed action (refer to question III.J.4 on pace 9 of the EAW). The affidavit need be attached only to the copy of the EAW which is sent to the EQC. C,. Billing procedures for 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 at Central Stores). For instructions, please contact your Agency's Liaison Officer to the State Register or the Office of the State Register--(612) 296-8239. : — 12 — 1 ENVIRONMENTAL ASSESSMENT WORKSHEET Eden Prairie Partnership II. C. 1. planned to be completed by Fall of 1982. The sanitary sewer installation will be coordinated with the City's plan for installation of a line passing through the subject property from Edenvale Boulevard to the west. This sewer line is to be constructed this summer. Berm construction and planting of the buffers will proceed after mass grading is completed. Building construction is expected to proceed from the northern-most site. II. F. 2. MAXIMUM dBA EQUIPMENT AT MACHINE RANGE AT 250 FEET Scraper 80 - 115 64 - 100 Bulldozer 88 - 105 73 - 90 Motor Scraper 78 - 96 • 63 - 81 • Source: T. Priede, 1971, "Noise in Engineering and Transportation and Its Effects on the Community", Society of Automotive Engineers, New York Grading will be carried out during normal daylight working hours. The office/warehouse development will include architecturally designed buildings with paved parking lots screened with berms and plant materials. All storage of materials will be enclosed and loading docks will be screened from residential areas by building massing. Buffer strips have been provided for the creation of intensively planted and bermed screened. Truck and service traffic will be directed north to County Road 67 keeping residential and industrial traffic separated. • • I� �)'1 • • I ✓ • h ,( lc ••.. r f I . /, .•1••y �. ` •�, .11 ��. II 9,t III' N •'. ' 'fr.:1I ✓ • 11i I;,,t, , Lob r S1 rdN'Otr1. ' ( 4� 1.•7 )• p f i")I r i11 .,r \(ir 11� I ' )\ <('4''' c:. !. ,. , 1•1 • '• f 11 t 1 of J11 �Xi : T • 1• T .� i ((,:6� • 'Cl '.I i ff fldrll,,. I. • i (a1. �.J t••1 • Si4 el ul r� m \ k •1f 111 tt i �1 a.e 1 4 .� / •{ i� _ 1 II i• .<ro gulf • �� / I \ 11 ,✓ . , C• �t (ilul Lake ;•C • \_ r :}r = 1 •'• ,- • , /( • • ' � 1/ l "P' \Lam• •Il 1 e • _ •� ' j; • ? 9r\ •. ,( t� '•• am ;A ,Clc1 ake oj:i' f' .v (-'w ,r \ .•• ... 7.)••••:-7.: ''A\. L'''''. c—(`)11' ''l' 2\i: ' • • � , wn,nr a r�l— P \ � 1".: �1 It• \.�� •G� • ' fi g •. 1 f J7 I• v • � (.. • . o `• ��. \\ ,. � • _-L '—•.�•) �'• cictl c \� ••v I 1 , rt _, I l `_.�, �, = ' Ii t ator m r� r nr" jl i a''___—_ �'I I,�,_, ___. _ t L C - ''�' n t 'f'^�� I• \ �� -c Cam—,f� 1 I �, -� c i'I" {, cAtl,C Inu 1nCf,el (/ •'1 0. < a(,n 1 Y,( C: I . \ l • -- .� ` p _ , Si �_' (w -')(1 �+ • \ •� e9r ,iipt I a. r �•t� '.'-y' a" '� - ',".v --T ..... ....16---.;-:•....',',''../ s.\:".:,;(1 ''',•'11'. :_f .,/i . •,•::::' V , '''', \_A\i . ,,,7•:. c.,7°) • • -mil y▪ \� J • �/ ••� 'l • a. ) '1(' �� \ \. d .\ '` - .. �_. �, , rULN CPItAIR • ,k ` ,� `• p k:l �C {( a (.1 1� r c�-L\i tl�� � �) tl 1 i( �1�� �1 1 gy.�"�(7/ A \ • N �A • .4 e3e 'V•.vJ • Alir ` .: it �,nrilrl 1 th,,aatLake — , .,\l ° y J -�; . it .11. f. ( \ \ ,; 'Golf Cows�� 7I i �e" '1 w� , c\ \� .. _ l . l an�o e i i•' V \: too5 t vnee Cv v.CW. ' 'tl°!1)ry 1 •1 tn•� i• ' I \) 10 nf`..` \ \ :• ` 1 \c V�,� +• •. • M1: + e e ...\ r '„+ :i i .rl i �� ... r 0,.. TIV,Hr f■Y :I \ i.'7 1 ( •• (,rh • ... • •• U �:; , ''Hopkins Quadrangle o 1 i0 • o1}tayl BYO.. I o..taw( 1 Q) f ri!I �� t I _--ANOKA CO. I cwu«.ua I ' ---_- 1r0! C 2. ....a,. I <.o. I ... ,..( I . ..1 ..w wxo. w,�! I' I 1 w.,r..., I o��y , I J��w� • .-- F 1'yr ... I�j t L, �w(N C1 _ i (..na ti C4 «.. Er .. • .„ , WASNI GTON CO ss(e T <o' -r------ �..etrrea. HENNEPIN CO. • • ..I "".".1 ..r I I l[1-r ` -.±,•r ..�: ca.,r I , e • _ I .hF ..n • 4` r 5.4010. I E'r. __I°O i.. woe . - „ I-- ''� RAM Y CO ,v�yaEi<nut.. .. ..ar I --t- 1 . I .°, L7I1 ......CAA CARVER CO1 ,ro 1 cw, ..,.0 c.s.. �. 1 Pa ---1- t.. OAKOTA CO .e ,.Wxt..,.N. I III I —• .. .t,•r _._.•«[oc. i s...•..,, _-_—1 �'..P"I rw I• v(.«.�.a+ r ..... h..1.o.r un. AL. I I'Ju.wa I PA 7.114101 _j...ter, ,7----------'— I I -- 1'n L..,. I I ooul..n ---L--............. i—LT1-- ... 1.....---'} --4 1 jI} (n I u.,w.., ...,.0.o •�.�,/ e SUP,.' -L J—.1 TWIN CITIES METROPOLITAN AREA • f" • • ... %,' EDEN PRAIRIE PARTNERSHIP f'/. . • Eden Prairie, Minn. 7 , ': Howard Dahlgren Assoc. I3 ' . Land Planning Consultants _ /r';X' • Mpls., Minn. ,.�... / .\\..' • j a 4•- /. . o lop Zoo 400 ,,; t �/• - , .I, tl L"i -- OUN '�;,!• ,. , ,, marsh /r� \z ' , "Y ' ! ., J A Site Analysis: natural features ,. _ S_ \ • " /`' r`u... ..• -_:. �-� t !'t 'f \'. �'�, `_, Ieod No a WI legend • et 4. ,,i / ldf �r 1^/ � —ridge Sne — i/ . •• i_--% I • _ • 4++drainage'direction i �. r �• ; r I ` �� „o tlighpoint elevation - f/!/• ""..J _ . 1 -" ��\, MI MI I slopes 19Y.plus f • �� ' • >• ' • .• • sandy j I • loam--;< • peaty ,'/ , 'f i •t muck •.. I oak dominant) 1=• / eao woodlands � I• s• -' & �_ y f',/ '_.". \\\\ • 1,fit/r.• 1 �\ 'silty loam / ' %� ' oldfield. '-•\�iT:1N0CkW 1 I I i • 4 !; • - ::.'•.v.,- . / 'figure- 3 • • IG(Y) • ' • - i •-, ' • ,,,, • . ______-,..—...._, r_____ • . i•••' • „.•• • • I A ,,....- ,.. ,•—' •••• : s • 11 „. .1, EDEN PRAIRIE PARTNERSHIP 1 ' i•s i • ...T71 \ 1 Eden • Prairie, Minn. \ , . 1 Howard Dahlgren Assoc. ' • il ._,.--- ',.'\4.1. I) Land Planning Consultants IY.., ' _. . . • - . Mpls., Minn. ,...: ' ..,,.:1 , .• '',-/x ,. -±- / 11 ..::.; .. , I 0 100 200 400 ....::: '''‘\ ot41017!›, . • N • • SiC,- : `- ,, IV ,, 1 - . , - -: . , /7- met s•1 ' :Landscape. _Concept Plan : . .. y .--..--:: qr 4.;, _ I y. .,,.. _,...‘ ..,....,:.....I, . , • c ' i'.'• • "„''' ..' ‘.\ —."'"-T, 7-— //-',,-:-.:.,\,,,,,,-,- /,7,-.." `,', • ' Ill legend • • 7 : ,,,,--)1,,Nc-- „,./, .,,,:„...-.-...# atlarate. snubs-sbpe stabomaux1 E.SCreenrc / •• ....••. • , ,L Ws, r — retainng Wan ( 1 elletnR „eeS ----- ,, , . „,- -.,_ ,,,, i: y •,.- ,: - • .: ./...:. ,-- :, -,A -,.5)0,I-- i.',;: r -- . . _ • /e? 0.,-....,„ ,?.,„: , : .• ' • . /•••.r.' " ' -•-•W-':.-:•,- j ' 4 •-f/-; •1/-,;'-.; • . .. . I.: ' _. .4.:„.•/,-:-4---7-.-.-_.'rt,;---_--7-,-,-,-;::‘.%! • ? ''. - --Sir '''. --:-... --.e:''.?0,----- 1\71-''', -()%4'''‘--12--- -.1' - . i '•'•- --. 1•)--7."----r." 7--.5. f,r-- '.• ' '''n - -5- '.1i • - 1,E1 1:1, , . 7.,:, . :-•,.r; 0 --'•-9/:'.!,- .,,-)V::31_..ci_li i n- -. -i r --- . i., ,.. ..,-,-7.- i i ; 7 -, ;- - 1 c. LJ ' - • — :: ,:t• -- - : p .-oultoi a / .,•: ,',. -0 I . I •-• : , 7-''.z.,-,----... rl 7-1,--- , I . - 1 '""'. 1,5,-:-: •: - •-••• ' , n 1 I —eiclj: 1 1 \ .1,, -LI • I • • ii_-_- -ntj= I OPI:itTY 1I)1: JIFJCATION Tracts B, C and E, Registered Land Survey No. 1095, Hennepin County, Minnesota, together with an casement for road purposes over and across the lhsterly 36.7 feet of the following described premises: That part of the Northwest one-quarter of Section 3, •Township.116, Range 22, described as commencing at a point on the North line of said Northwest one-quarter distance 75 rode West from the East line thereof; thence West along the North line of • said Northwest one-quarter a distance of 19. 6 feet, more or less, to the Southeasterly line of the right-of-way of the M & St.L.Railroad (or Chicago and Northwestern Railroad); and Southwesterly along the Southeasterly line of said right-of-way a distance of 490 feet; then Southeasterly to a point on a line drawn parallel with and 75 rods West of the East line of said Northwest one-quarter which is distant 780 feet South from the North line thereof; thence North paral— lel with the East line of said Northwest one-quarter a distance of 780 feet to the point of beginning, subject to the rights of the public over the North 33 feet for road purposes.' There is also an easement for road purposes reserved to Albert A. Carblom over subject Tract B plus a nonesclusive easement for road purposes over said Tract B. There is also an casement over all of Tract E in favor of Dennis D. Crawley and wife. • • 4 • I • EXHIBIT "A" . • • • Ara%►.iDiv Eden Prairie Partnership PUD CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 82-191 A RESOLUTION APPROVING THE EDEN PRAIRIE PARTNERSHIP PLANNED UNIT DEVELOPMENT • 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 City Planning Commission did conduct a public hearing on July 12, 1982 and considered Undestad Investment Company's request for approval for industrial uses, and WHEREAS, the City Council did consider the request on August 3, 1982. NOW THEREFORE BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The Eden Prairie Partnership 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 POD approval as outlined in the application material dated 3. That the PUD meet the recommendations of the staff report dated June 11, 1982 and July 8, 1982. ADOPTED, by the City Council of Eden Prairie this day of , 1982. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk SEAL 20NING DESCRIPT1DNS PARCELS TO BE RE7ONLD FROM RURAL • TO 1-2 INDUSTRIAL PARK • 1RACT I Di SCRIPT ION The South 250.D0 feet of Tract C of Registered Land Survey No. 1095, Hennepin County, Minnesota, lying adjacent to the North line of Kings Forest Addition to Stevens Heights, according to the recorded plat thereof. • • 1RACT II DESCRIPTION • • That part of Tract C of Registered Land Survey No. 1095, Hennepin County, Minnesota, lying Southeast of the following described 1ine. Beginning at a point on the Fast line of said Tract C of Registered Land Survey No. 1095, distant 70D.00 feet North of the Southeast corner of said Tract C of Registered Land Survey No. 1095, said Southeast corner also being the Northeast corner of Ponderosa Hills according to the recorded plat thereof; thence South- westerly to a point on the South line of said Tract C of Registered Land Survey No. 1095, distant 400.00 feet West of said Southeast corner of Tract C of Registered Land Survey No. 1095 and said line there terminating. TOTAL PROPERTY DESCRIPTION: Tract I & II above, and Tract C, Reg.Land Survey 1095 EXHIBIT A • In • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. _�_iaa RESOLUTION EAPPROVING DEN RITHE PE RELIMINARYPARTNERSHIP PLAT • OF BE IT RESOLVED•by the Eden Prairie City Council as follows: . • That the preliminary plat of Eden Prairie Partnership• dated , 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 • 1(o05 Eden Prairie Partnership EAW • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 82-193 A RESOLUTION FINDING THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR EDEN PRAIRIE PARTNERSHIP A PRIVATE ACTION DOES NOT REQUIRE AN ENVIRONMENTAL IMPACT STATEMENT WHEREAS, the City Council of Eden Prairie did hold a hearing on August 3, I982 to consider the Eden Prairie Partnership proposal, and WHEREAS, said development is located on approximately 32 acres of land in northcentral Eden Prairie, and WHEREAS, the Eden Prairie Planning Commission did hold a public hearing on the Eden Prairie Partnership PUD request. NOW THEREFORE, be it resolved by the Eden Prairie City Council that an Environmental Impact Statement is not necessary for Eden Prairie Partnership because the project is not a major action which does not have significant environmental effects and is not more than of local significance. BE IT FURTHER RESOLVED, that a Negative Declaration Notice shall be officially filed with the Minnesota Environmental Quality Council. ADOPTED, this day of , 1982. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk SEAL • 'CV& 1 • August 3, 1982 STATE OF MINNESOTA OF EDEN PRAIRIE twNTY OF HENNEPIN The following accounts were audited and allowed as follows: 2953 VOID OUT CHECK $ (10,000.0: 2885 VOID OUT CHECK (22.0 2954 MINNESOTA UC FUND Payroll 201.Oi 2955 FALLS RESTAURANT Expenses-Teen Volunteer Program 105.0( 2956 WESTERN LIFE INSURANCE Insurance 523.2: 2957 PHYSICIANS HEALTH PLAN Insurance 8,437.4: 2958 BLUE CROSS INSURANCE Insurance 715.8: 2959 MEDCENTER HEALTH PLAN Insurance 2,591.2: 2960 HmO SERVICES Insurance 524.1C 2961 GROUP HEALTH PLAN, INC. Insurance 1,691.8, 2962 NRPA Conference-Community Services 191.Oi 2963 WENDY BURNS-CARLSON Instructor-Skating 72.8, 296V MINNESOTA P.O.S.T. BOARD Fee-Police Dept. 6.6( 2965 ED. PHILLIPS & SONS CO. Liquor 5,037.E 2966 GRIGGS, COOPER & CO., INC. Liquor 6,034.C' 2967 JOHNSON BROTHERS WHOLESALE Liquor 5,333.8 2968 OLD PEORIA COMPANY, INC. Liquor 2,P88.5 2969 INTERCONTINENTAL PACKAGING Liquor 762.8c 2970 FALLS PIZZA Expenses-Teen Volunteer Program 15.5ti 2971 PETTY CASH Tape-Community Center 40.17 9072 MRPA Fee-Recreation Oept. 10.0E 3 MRPA Fee-Recreation Dept. 30 nr. z914 J. KRIS KRYSTOFIAK Expenses-Playground program 58,7E 2975 PREMIER RENT A CAR Car rental-Playground & Teen Volunteer Program 658.01. 2976 OUTOOORSMAN Ammunition-Police Oept. 39.00 2977 CEDAR LAKE FARMS Expenses-Senior Citizens 175.5C 2978 HENNEPIN COUNTY BAR ASSOC. Seminar-Engineering Dept. 10.00 2979 STAR & TRIBUNE NEWSPAPERS Subscription 14.91 2980 RIVERS EDGE Expenses-Teen Volunteer Program 133.00 2981 INSTY PRINTS Printing-Riley Lake Park 13.2E 2982 COMMISSIONER OF REVENUE Fuel tax-June 1982 195.91 2983 OLD PEORIA COMPANY, INC. Liquor 802.5: 2984 MINNESOTA DISTILLERS, INC. Liquor 1,417.6C' 2985 ED. PHILLIPS & SONS CO. Liquor 3,444.1: 2986 JOHNSON BROTHERS WHOLESALE Liquor 250.5 2987 GRIGGS, COOPER & CO., INC. Liquor 3,085.0 2988 MIDWEST WINE CO. Wine 3,323.9k 2989 TWIN CITY WINE CO. Wine 402.21 2990 INTERCONTINENTAL PACKAGING Liquor 115.57 2991 CAPITOL CITY DISTRIBUTING CO. Wine 127.8: 2992 PAUSTIS & SONS Wine - 195.2( 2993 NELSON ENTERPRISES Freight charges-Liquor Store/Prairie Village Mall 14.4. 2994 VOID OUT CHECK 2995 MINNESOTA ICE ARENA MANAGERS Conference-Community Center 165.01 2996 EOEN PRAIRIE FIRE RELIEF City's share of benefits-Fire Oept. 46,656.0 .1''97 EOEN PRAIRIE CHAMBER Fee-Liquor Store 12.0, 98 RADISSON ARROWWOOD Expenses-Community Center 132.0 2999 ACCUEASE SYSTEMS, INC. Forms-Recreation Dept. 267.5( 3000 ACTION REDDY RENTS Equipment rental 40.0 3001 STUART ALEXANDER Mileage 55.0,. 3002 EARL F. ANDERSEN & ASSOC. Signs-Street Maintenance 412.0:. Page two August 3, 1982 3 ARTEKA INCORPORATED Trees-Community Center 1,827.1[ . ,J4 AVIS 1981 Citation-Engineering Dept. 5,700.0 3005 ASSOCIATED ASPHALT, INC. Blacktop 7,875.0, 3000 AUTOTRAAC DIAGNOSIS & REPAIR Speedometer tests 30.0. 3007 BSN CORP. Tennis nets-Park Maintenance 148.'!- 300E B R W Service-Eden Road, Mitchell Road & Technology 62,002.0 Drive, City West Streets, Shady Oak Feasibility, Valley View Road, Schooner Blvd., Highway 212 3009 BEACH BARBERS INC. Service-Park Maintenance 520.0. 3010 BRIAN BERGSTROM Softball official 143.0i 3011 DENIS BILLMEYER Softball official 198.0, 3012 GUNNHILD NICOLE BLACK Refund-Skating 23.0'. 3013 BLACK & VEATCH Service-Water Treatment Plant 6,281.1, 3014 BLOOMINGTON LOCKSMITH COMPANY Service-Park Planning . 42.5t 3015 JOSEPH BOSTON Refund-Water & Sewer 437.0, 3016 BRAUN ENGINEERING TESTING Service-Schooner Blvd., Autumn Woods 8,109.1( 3017 BARBARA BRIGHT Refund-Swimming 10.0: 3018 DAN BRYAN Youth Athletics official 110.0( 3019 ROZ BURNSTEIN Mileage 8.7!, 3D20 BUTCH'S BAR SUPPLY Supplies-Liquor. Stores 586.9'. 3021 JAMIE CAMP Refund-Racquetball • 24.O 3022 CARLSON THERMOPLASTICS Pipe, Adapters-Water Dept. 27.6( 3023 CASE POWER & EQUIPMENT Equipment parts-Street Maintenance 17.0. 3024 CASH REGISTER SALES, INC. Riboons-Liquor Store/Prairie Village Mall 7.4; ',I25 CHAMPIONSHIP AWARDS Park Signs 70.O { .6 CHANHASSEN LAWN 5 SPORTS Oil-Park Maintenance 27.',' su27 CLUTCH & U-JOINT BURNSVILLE Equipment repair & parts 179.1• 3028 COMMUNITY DANCE CENTER Service-Exercise classes 153.7: . 3029 COMPUTER ELECTION SYSTEMS Supplies-Election 1,147.9, 3030 JOHN COONEY Refund-Skating 12.0' 3031 COPY EQUIPMENT Supplies-Engineering & Park Planning 130.0" 3032 DAHLEN SIGN COMPANY Signs-Park Maintenance 94.0 3033 DALCO Cleaning supplies 196.4; 3034 JESSICA DECOUX Refund-Creative Dynamics 6.0k 3035 A.B. DICK COMPANY Paper 225.5' 3036 DORHOLT PRINTING Office supplies• 40.9: 3037 LINDSEY ELLISON Refund-Swimming 7.0C 3038 DIRECTOR or FINANCE Labels-Election 136.1-* 3039 JAN FLYNN Mileage 52.2 3040 FOX, MCCUE & MURPHY Audit Service 3,283.9 3041 GARY G. GONYEA Expenses 111.5' 3042 FEDERAL RESERVE BANK Payroll 17,351.8 3043 COMMISSIONER OF REVENUE Payroll 7,755.7 3044 MINNESOTA STATE RETIREMENT Payroll 40.0 3045 AETNA LIFE INSURANCE Payroll 101.0 3046 GREAT WEST LIFE ASSURANCE Payroll 2,405.0 3047 WUNTED WAY OF MINNEAPOLIS Payroll 73.5. . 304E PERA Payroll 12,717.7 3049 DEPARTMENT OF EMPLOYEE Payroll 20,111.' 1-150 GOPHER SIGN CO. Supplies-Water Dept. 448.4 i. 51 GRAHAM PAPER Xerox paper, colored paper 895.9 3052 W. W. GRAINGER, INC. Supplies-Sewer Dept. 5.9 3053 JACK HACKING Expenses 196.7. 3054 JOHN HALLORAN Softball official 25.0 3055 HARMON GLASS Windshield-Street.Maintenance 169.Yf Page three August 3, 1982 , KAREN IIARRIS-JAllERCISE Instructor-Exercise classes 556.00 3U:i7 HASTINGS BUILDING CO. Service-Staring Lake Park 17,775.0' 3058 SARA HECK Refund-Swimming 9.00 3059 HENNEPIN COUNTY DIRECTOR Service-Forestry Dept. 175.00 3060 HENNEPIN COUNTY TREASURER Supplies-Park Maintenance 161.IY 3061 HENNEPIN TECHNICAL CENTERS School-Fire Dept. 100.0( 30G2 JOE HONERMANN Softball official 22.0( 3063 INTERDESIGN INC. Service-P/S & P/W 8uilding 12,387.9Y 3064 IBM Equipment maintenance & supplies 613.0 3065 INTERNATIONAL CONF. OF BLDG. Dues-Building Dept. 60.Ot 3066 J & R RADIATOR CORP. Equipment repair-Street Maintenance 28.O( 3067 ELAINE JACQUES Expenses 13.8( 3068 HEIDI JOHNSON Refund-Swimming 7.Ot 3D69 NATIONAL FIRE PROTECTION Conference-Fire Dept. 240.0: 3070 KEN JOHNSON Expenses-Fire Dept. 21.4( 3071 CARL JULLIE Expenses 56.3r 3D72 K MART Tennis balls-Recreation Dept. 7.80 3D73 JOSEPH KASID Softball official 154.0( 3074 TOM KEEFE Softball official 341.0C' 3075 KEVIN M. KOHLS Softball official 176.0C 3076 VOID OUT CHECK • 3077 J. KRIS KRYSTOFIAK Mileage 78.2r 3D78 LANDCO EQUIPMENT Equipment parts 15.2t 3079 M.E. LANE, INC. Insurance 27,868.0, -10 LAND EQUIPMENT, INC. Twine-Riley Lake Park 25.5( • ,1 LIEBERMAN ENTERPRISES L P Records-Community Center 57.'U 3082 L.O.G.I.S. June service. 4,567.1: 3083 KAREN MARTINSON Refund-Creative Drama 6.D( 3084 ROBERT N. MARTZ Expenses 154.3C 3085 METROPOLITAN WASTE CONTROL June 1982 SAC Charges 39,550.E 3D86 METROPOLITAN WASTE CONTROL Sewer Service 5O,574.5 3087 MIDLAND PRODUCTS COMPANY Supplies-Concession stand/Round Lake & Community 883.7 Center 3D88 MINNESOTA GAS COMPANY Service 391.4` 3089 MINNESOTA ICE ARENA MANAGERS Dues-Community Center 50.0' • 3090 MINNESOTA PARK & RECREATION Fees-Softball 150.0, 3091 MINNESOTA PLAYGROUND, INC. Netting-Community Center 125.0' 3092 MINNESOTA VALLEY ELECTRIC Service 35.0•1 3093 MIRROR FACTORY Equipment-Community Center 116.: 3094 RAY MITCHELL Expenses-Fire Dept. 110.0: 3D95 MURPHY PLUMBING & HEATING Supplies-Park Maintenance 209.1' 3096 NORTHERN STATES POWER CO. Service-Water Treatment Plant, P/S & P/W Bldg. 15,556.r 3097 NORTHERN STATES POWER CO. Service 20,201.b 3098 NORTHWESTERN BELL TELEPHONE Service 1,133.7 3099 KEITH O'DANIEL Refund-Water & Sewer 36.0 3100 VOID OUT CHECK 3101 JIM O'HEARN-EDENVALE GOLF Instructor-Golf 1,110.0 3102 OCIIS BRICK & TILE CO. Supplies-Park Maintenance 23.0 3103 GRETCHEN OLSON Refund-Swinaning 11.0 )4 KELLY OLSON Refund-Swinuning 10.0 ,,,05 D.N. ODTHOUDT Refund-Water & Sewer 10.? 3106 CHRIS PALM-JAZ.ZERCISE INC. Instructor-Exercise classes 1,803..' 3107 PERBIX, HARVEY & TIIORFINNSON Legal service 1,610. 3108 PATRICK PEREZ Softball official 187.0 3109 RALPH PEREZ Softball official ' 176.0 i',,.0 • Wage four Fusiust 3, 19B2 31i0 PERL SOD FARMS, INC. Sod-Riley Lake Park 2,040.0C 3111 REBECCA PLOWMAN Instructor-Tennis 1,005.DO 3112 PRAIRIE LAWN & GAROEN Equipment parts 16.20 - 3113 PRO BIKE NEWS Subscription-Park Planning 12.00 3114 CHERI PROVO Softball official BB.OU 3115 JIM PUFAHL Softball official 66.O8 3116 R & R SPECIALTIES INC. Service 17.8C 3117 CORKY ROEHL Refund-Water & Sewer 6.85 311E PAM RASMUSSEN Refund-Creative Drama 2.00 3119 ROAD MACHINERY & SUPPLIES Supplies-Street Maintenance 30.73 3120 ROBERTS DRUG Supplies-Recreation Dept. 16.87 3121 ST. REGIS PAPER COMPANY Supplies-Street Maintenance 2B3.1r: 3122 WAYNE SANDERS Expenses 79.67 3123 DIANE SANDRICK Instructor-Tennis 252.0C 3124. LARRY M. SCHOCH Softball official 22.00 3125 KATHERINE SEMPLE Community Bank Director 190.00 3126 SERV-A-DOCK Service-Riley Lake 1,031.72 3127 BRIAN SIEVERTSON Softball official 77.00 312E AMY SIMONS Refund-Skating • 22.00 3129 SKARNES INCORPORATED Supplies-Water Dept. 41.8C 3130 SNOWDRIFTERS SNOWMOBILE CLUB State grant fund for trail const. & maint. 1,749.0`' 3131 STATE TREASURER Second quarter B2 Building permit surcharge 5,117.9:: 3132 VOID OUT CHECK ' .^'43 VOID OUT CHECK • A SUBURBAN CHEVROLET CO. Equipment repair & parts 348.9b 3135 BRYAN SULLIVAN Service-Happenings 3O.0C 3136 G.B. THOMPSON Refund-Sewer & Water 26.8c 3137 TRI-STATE TREE SERVICE Trim trees 224.0( 313E TWIN CITY OXYGEN CO. Oxygen-Water Dept. 154.85 3139 VAN PAPER COMPANY Supplies-Community Center 350.0C 3140 VIKING LABORATORIES INCORP. Chlorine test tablets-Community Center 31.65 3141 PAM WALKINSHAW • Refund-Swimming ll•OC 3142 WATER PRODUCTS COMPANY Pipe-Riley Lake 89.2 3143 SANDRA F. WERTS Mileage 57.37 3144 WEST WELD SUPPLY CO. Supplies-Street Maintenance 42.3C- 3145 JON WESTERIIAUS Softball official 120.0r 3146 JOSEPH WIETHOFF Softball official 154.01 3147 XEROX CORPORATION Service 1,529.2, 3148 ZEP MANUFACTURING CO. Chemicals-Community Center 39.7` 3149 ZIEGLER TIRE SERVICE Tires 206.8: 315D ARMOR SECUTITY INC. Service-Senior Citizens Bldg. • 90.0( 3151 MINNESOTA TREE, INC. Trees 545.01 3152 HENNEPIN COUNTY SUPPORT Service-Community Center 80.0( 3153 RALPH KRATOCHVIL Instructor-Exercise Classes 334.5i 3154 WENDY BURNS-CARLSON Instructor-Skating 163.0, 3155 CHRIS ENGER July expenses 15O.0( 3156 KOKESH ATHLETIC & GOLF T-Shirts, home plates, supplies-Recreation Dept. 366.4 3157 MINNESOTA GAS COMPANY Service 1,858.8. I .5B BOB M0REHOUSE Earnest money-Schultz property 1,000.0 .59 GARY OTTERDAHL Softball official, 44.(1 3160 TIM PIERCE & ASSOC. INC. Service-Schooner Blvd. 2,505.0 3161 JOHN FRANE , Expenses 158.8' TOTAL )471,731_'' ORDINANCE NO. 1-82, - - AN ORDINANCE ADOPTING A CODIFICATION OF ALL ORDINANCES OF THE CITY OF EDEN PRAIRIE, MINNESOTA, PURSUANT TO AUTHORITY GRANTED IN MINNE- SOTA STATUTES, SECTION 415.021; ESTABLISHING A NAME FOR SAID CODIFI- CATION, MEANS OF CITATION, EFFECTIVE DATE, NOTICE AND PRINTING PROCEDURE, AND REPEALING ALL ORDINANCES OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AND TOWN OF EDEN PRAIRIE, MINNESOTA, NOT CITED IN CHARTERS 1 THROUGH 12, INCLUSIVE, AND CHAPTER 25 OF SUCH CODIFICATION; AND, PROVIDING PENALTIES FOR THE VIOLATION THEREOF. The City Council of the City of Eden Prairie ordains: Section 1. Adoption. All ordinances of the City of Eden Prairie, Minnesota, and the Town of Eden Prairie, Minnesota, here- tofore adopted, except such ordinances as are numbered and cited in the text of Chapters 1 through 12, inclusive, and also except such ordinances as are numbered and cited in Chapter 25, should be, and are hereby, revised and, together with such cited ordinances, adopted as codified in that certain document known as the CITY CODE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, pursuant to authority granted by Minnesota Statutes, Section 415.021. Section 2. Citation. The CITY CODE may be cited as "City Code, Sec. Section 3. Effective Date, Printing, and Notice of Avail- ability. The CITY CODE shall be effective on September 17, 1982. The City Clerk-Treasurer shall cause said CITY CODE to be printed in loose leaf form and copies thereof in a substantial quantity made available for distribution to the public at a reasonable charge, the exact quantity, charge, and printing specifications to be more specifically determined by the City Council. The City Clerk- Treasurer shall cause Notice of Availability of copies to be pub- lished in the official newspaper for at least two (2) successive weeks prior to such effective date, which notice shall state that copies of the CITY CODE are available at his office for general distribution to the public at a reasonable charge. Section 4. Prima Facie Evidence. Such codification, known as the CITY CODE, is hereby declared to be prima facie evidence of the law of the City of Eden Prairie, Minnesota. -1- II P Section 5. Effective Date and Preservation of Rights and Obligations. This ordinance shall take effect upon adoption, pro- vided, however, that the adoption of such CITY CODE shall not affect or impair any act done, right vested or accrued, proceeding, suit or prosecution commenced, prior to such effective date and under ordi- nance provisions then in effect, but the same shall survive to a conclusion thereof. It being the express intent of this Section that no offense committed, liability, penalty or forfeiture, civil or criminal, under ordinance provisions in effect prior to the effective date of the CITY CODE be in any way affected by the adoption thereof. Section 6. Repealer. All Ordinances of the City of Eden Prairie, Minnesota, and Town of Eden Prairie, Minnesota heretofore adopted and not cited in City Code Chapters 1 through 12, inclusive, or Chapter 25 are hereby repealed. Section 7. Penalty. Every person violates the CITY CODE when he intentionally performs an act therein prohibited or declared unlawful, and upon conviction thereof, shall be sentenced as for a misdemeanor to not more than ninety (90) days or a fine of not more than $500.00, or both, or, as for a petty misdemeanor, sentence of a fine of not more than $100.00. Adopted by the City Council of the City of Eden Prairie on the day of , 1982. (SEAL) ATTEST: • City Clerk-Treasurer / (Publication on the day of , 1962.) -2- t