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Home My WebLink AboutCity Council - 09/21/1982CITY COUNCIL AGENDA DAY, SEPTEMBER 21, 1982 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, George Bentley, Dean Edstrom, Paul Redpath and George Tangen CITY COUNCIL STAFF: City Manager Carl J. Jullie; City Attorney Roger Pauly; Finance Director John Frane; Planning Director Chris Enger; Director of 'Community Services Bob Lambert; Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael PLEDGE OF ALLEGIANCE INVOCATION: Mayor Wolfgang H. Penzel POLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINIFVES A. Regular City C.r,ncil Meiling held Toosday, Allgust 17, 1982 B. Special City Ceurcil Meeting held Tuesday, ^.u .ust 21, 1982 III. CONSENT CALENDAR A. 2nd Reading . of Ordinance No. 82-14, rezoning Bayppint Manor Apartments from Rural to IINL .2.5 and R1-22 for 152 units located north of Neill Lake and approval of developer's agreement B. Final plat apyroval for Baypoint Manor Apartments (Resolution No. 82-229) C. Approval of Ridgewood West Two PUD and Phase 1 Developer's Agreement for constructinn of 57 single family homes south of Cumberland Road, O. Final_plat uproval for Ridgewood West Two (Resolution No. 82-227) E. Set Public Hearing for vacation of unnecessary_pasenents in Ridgewood 'West -4,o for 7:3U i71,..October .5,_1982 F. Clerk's License List Page 1769 Pace 1770 Page 1771 Page 1780 Page 1783 Page 1789 Page 1792 kResolution of the City of Eden Prairie authorizing filing of application and 'execution of Grant Pro;iect Agreements to develop Staring Lake Park Page 1793 under the provision of the State Natural Resource Fund cResolution No. _ 82.422) H. Corrective easement, Lot 7, Block 2 Edenvale Industrial Park G. Page 1795 City Council Agenda - 2 - Tues.,Septemher 21, 1982 I. Change Order Numier 2, City_ West Improvement Prigiect 52-025 IV. PUILIC HEARINGS A. 1922 SPECIAL ASSESSMENTS PURL IC HEARING (Resolution No. 12-230) B. NORTHWESTERN NATIONAL RANKSOUTH hy Banco Properties,_Inc. Request to rezone 2.5 acres from Rural to C-Reg-Scr and preliminary plat the 2.5 acres for construction of Northwestern National Banksouth. Located in the northwest corner of TH 5 and future Prairie Center Drive. (Ordinance No. 82-21 - rezoning, and Resolution No. 82-225 - preliminary plat) , C. CHLRNE CINTRACTING CORP. by Cherne Contracting Corporation, Request to rezone 17.43 acres from Industrial to Office for a 113,111 sq. ft. corporate headquarters and approval of an Environmental Assessment Worksheet. Located south of W. 78th Street (1-494) frontage road and letween Gelco and Calriole Center. (Ordinance Ni. 12-25 - rezoning, Resolution Ni. 82-224 - preliminary plat, and Resolution Ni. 12-223 - EAW) V. PAYMENT OF CLAIMS NOS. 37111 - 3,71 VI. REPORTS IF ADVISORY COMMISSIONS Page 1182 Page 1805 Page 1812 Page 1831 Page 1889 Page 1$95 Page 19011 C. Request from Golf Vista residents regarlinistreet address changes Page 1922 VII. PETITIONS, RE•UESTS t COMMUNICATIONS A. Reguest from W. G. Pearson, Inc. for _permission to use a poqion_of Smetana Lane iorpau4ino .ravel B. Reguest from Psiert in for Red Rock Ranch EAW approval (Resolution Ni. 12-231) I.Petition .tor complete trail construction in Prairie East 7th VIII. RERORTS OF OFFICERS, IIARDS t COMMISSIONS A. Reports of Council Memilers I. Report of City Manager C. Report of City Attorney O. Retort of Director of ConniWity_Services 1. Strategy for resolution of the Camp Indian Chief properly_question Page 1927 E. Report of Director of Public Works 1. 100% Petition for utility and street improvements fill -Arbor-Glen Page 1921 Xllitiin by_BFK -fitesolution No. 12-220 ------------ -- — IX. NEW tUSINESS X. ADJOURNMENT. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 17, 1982 COUNCIL MEMBERS: COUNCIL STAFF: INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL: all were present 7:30 PM, CITY HALL Mayor Wolfgang H. Penzel, George Bentley, Dean Edstrom, Paul Redpath and George Tangen City Manager Carl J. Jullie, City Attorney Roger Pauly, Finance Director John D. Franc, Planning Director Chris Enger, Director of Community Ser- vices Bob Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael I. COMMENDATION FOR OFFICER RICK RABENORT & BUCK Mayor Penzel explained the work Officer Rick Rabenort & Buck have done and thp rnoprAtinn which has been given to the canine program by the Rabenort family. Ptlizel read the Letter of Commendation (attached to these Minutes); introduced Officer Rabenort and his wife, children, and Buck; and thanked them on behalf of the City for the dedication they have exhibited. II. APPROVAL OF THE AGENDA AND OTHER ITEMS OF BUSINESS The following items were moved from the Regular Agenda to the Consent Calendar III. L. Request for Li .quor License for Brothers-In-Law, Inc. dba Boardwalk Restaurants, Inc. (formerly Brothers Restaurant at Eden Prairie Center) - (Continued from August 3, 1982) - formerly VII. A.; Ill. M. Resolution adopting . Urban Hennepin County Housing Rehabilitation Grant Program Procedural Guides 'Resolution No. 82-2067 7: formerly VIII. A.; III. N. HAEP ckey Association of Lden Prairie) request for Holiday Hoc_key-Tournament - formerly IX. D. 1.; and III. O. Park Facilities Reservation Policies - formerly IX. D. 2. The following items were added to the Agenda: IX. B. 1. HRA Housing Revenue Bonds for Edenvale ApartmentS and X. A. Purchase Agreement for Right-of-Way - Prairie Center Drive. MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. City Council Minutes -2- August 17, 1982 III. CONSENT CALENDAR A. 2nd Reading of Ordinance No. 1-82, adopting the City Code B. Request approval to advertise for bids for sidewalk adjacent to Franlo Road C. Clerk's License List D. Receive petition for sanitary sewer and watermain on Pioneer Trail between Yorkshire Lane and TM 169 and authorize _preparation of feasi- bility report, I.C. 52-034 (Resolution No. 82-203T E. Finatj)lat approval for Golden Strip East. Located east of Prairie Center Drive and north of 1-494 (Resolution No. 82-204) F. Final plat approval for Golden Strip Replat. Located east of Prairie Center Drive and north of 1-494 -(15:esolution No. 82-205) G. Vacation of Media Lane and utility easements (Resolution No. 82-169) Continued from July 6, 1982 H. CNR Agreement for Golden Strip Commercial PUD (area west of Vikings and east of Smetana Lane) - Outlet C to be dedicated to the City I. Proclamation designating September 8 National Cancer flay (Resolution No. 32-231) J. Resolution No. 82-209, appointing electionjudges for the Primary Election to he held September 14, 1982 K. FinalAp_proval of Municipal Industrial Development Bonds in the amount of .i,350,000.00 for Haakon and Lucille Nyhammer (EC& Prairie GroceryT (Resolution No. 82-2021 - L. Fteques.t. for liquor License for Brothers-In-Law, Inc. dba Boardwalk Restaurants, Inc. (formerly Brothers Restaurant at Eden Prairie Center) - (Continued from August 3, 1982) - formerly VII. A. M. Resolution adoRting Urhan Hennepin County Housing Rehabilitation Grant Program Procedural Guides (Resolution No. 82-2001 -- formerly VIII. A. N. MAEP_Olockey Association of Eden Prairie) request for Holiday Hockey Tourna- ment - formerly IX. D. 1. 0. Park Facilities Reservation Policies - formerly IX. D. 2. MOTION: Edstrom moved, seconded by Tangen, to approve items A - 0 on the Con- sent Calendar with an addition to item "H" that Outlot C be dedicated to the City. Motion carried unanimously. I • ! City Council Minutes -3- August 17, 1982 IV. PUBLIC HEARINGS A. TAX INCREMENT FINANCING DISTRICT FOR EDENVALE APARTMENTS (continued from August 3, 1982T City Manager Jullie said the proponents had withdrawn their request for tax increment financing at this time. MOTION: Bentley moved, seconded by Edstrom, to close the Public Hearing and note the proponent had withdrawn the request for tax increment finan- cing. Motion carried unanimously. B. 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 1-2), rezoning from Rural to 1-2 for approxi- mately 5 acres, preliminary plat approval of 6 lots and 3 outlets, possible variances from the 1-2 District, and approval of an Environmental Assess- ment 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) - (Continued from August 3, 1982) John Shardlow, Howard Dahlgren and Associates, addressed the proposal and explained the changes which had been made since the last presentation. Director of Planning Enger stated the Planning Commission had reviewed this proposal at its August 9, 1982, meeting and recommended approval of Plan B to the Council. This includes the east-west ihtough road, industrial use south of this road with a 200 buffer to the south and a 75' buffer to the east, and three residential lots at the end of Manchester Lane. The motion carried by a 6 - 1 vote. Wayne Gilbertson, 6580 Leesborough Avenue, said he was in favor of Plan B which shows the industrial rather than multi-family use south of the east- west connecting road. Roger Sandvick, 14280 Stratford Road, expressed concern about Plan B; he would like to see modification. He would like to see the buffer to the south increased by 20%, the buffer to the east increased by 33%, and the proposed building be reduced in size by 25%. This would lessen the impact on the adjoining residential area. Woodrow Bjork, 14302 Stratford Road, said he concurs with Sandvick's statement. He favors the alternative shown in Plan B. Dick Sather, 6511 Manchester Lane, said he supports the project but has some concern about the collector road. City Council Minutes -4- August 17, 1982 Redpath said he recalled some discussion at the August 3rd meeting about the channelization of industrial traffic on the east-west connector. This would lessen the impact on the traffic east of this area, as industrial traffic would be restricted and could only go north or west. Edstrom asked about the width of the road which will be required through the area. Staff said no determination had been made yet as to exactly where the road would connect at the Eden Prairie Partnership and Centurion property lines. Sandvick said by increasing the southerly buffer by 20% a large number of trees will be saved thus creating more of a natural buffer. Redpath noted PUB concept approval is under discussion and not a specific building for the site. Shardlow said he had told Sandvick and Bjork that he will work with them when a specific development for that site is ready. He stressed that it is the proponent's feeling that a 250 buffer is more than adequate for that site. Tom Striker, 6540 Leesborough Avenue, stated he is in favor of the indus- trial usage shown in Plan B. Bentley asked for clarification as to what is being requested where. Enger outlined the requests on a map. Bentley asked if there would be a built-in recommendation that approval be obtained for each building. Enger said it was suggested that each specific site be returned to the City for si'e plan review. Bentley said if that is the case, then discussion of those specifics should it until that time. Redpath noted this particular area has been a problem for a number of years and this will allow the City the opportunity to straighten things out. Bentley questioned the rezoning of Outlot C without a specific proposal before the Council. R.A. Wyman, 6560 Leesborough Avenue, said he supports Plan B. Edstrom asked what will become of the buffer area between the industrial and residential uses. Shardlow said that is a concern to them also -- whether it is zoned industrial or remains rural does not matter -- but the question of liability will be of importance. The only concern at this time is whether or not it will be considered in the setback and lot coverage when it comes time for development. Jan Anderson, 6591 Manchester Lane, said she thought there would be two lots on Manchester Lane and not three as shown. Shardlow said the three lots shown are slightly larger than the lots which are in the area. Phil Muller, 14202 Stratford Road, said he supported Plan B; Plan A would change the watershed and the drainage in the area. City Council Minutes -5- August 17, 1982 City Attorney Pauly asked Shardlow if he would have any problem with imposing restrictive covenants on portions of the lots which would require setbacks to preserve them. Shardlow said he presumed and fully expected that to be done via the PhD process. Pauly said his preference on this issue would be to zone the entire lot and then impose the conditions rather than to cut the lots up. Edstrom asked if the Council is in a position to approve the preliminary plat due to the lack of definite road right-of-way? Enger said the geometrics of the road would have to be worked out as well as the exact lot configuration s and these might result in slight changes in the final plat. MOTION: Tangen moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. C2-191, approving the Eden Prairie Partnership Plann e d Unit Development. Motion carried unanimously. MOTION: Edstrom moved, seconded by Redpath, to adopt Resolution No. 82-192, approving the preliminary plat of Eden Prairie Partnership. Motion carried unanimously. MOTION: Tangen moved, seconded by Edstrom, to adopt Resolution No. 82-193, finding the Environmental Assessment Worksheet for Eden Prairie Partnership a Private Action does not require an Environmental Impact Statement. Motion carried unanimously. The proponent withdrew the request for rezoning until he has a site specifi c proposal. MOTION: Bentley moved, seconded by Edstrom, to direct Staff to draft the De - veloper's Agreement including the recommendations of the Staff Report, thos e of the Planning Commission and the Parks, Recreation & Natural Resources Co m - mission and including the construction of berms, etc. in Phase I, Staff an d the developer will work together on the road connection, setbacks will be described from the standpoint of elevations and plantings. Motion carried unanimously. C. KINGS FOREST by Centurion Corlpany. Request for Guide Plan change of approxi- mately 70 acres from low to medium density residential, Planned Unit Develop- ment approval of 31 single family and 153 townhouses, rezoning of 15 acres from Rural to R1-13.5 and 33 acres from Rural to RN 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'Slreet's easterly terminous (Resolution No. 82-187 - Guide Plan change, Resolution No. 82-188 - PUD, Ordinance No. 82-20 - rezoni n g , Resolution No. 82-189 - preliminary plat, and Resolution No. 82-190 - EAW) - continued from August 3, 1982 170 City Council Minutes -6- August 17, 1982 Ron Bastyr, McCombs-Knutson Associates, Inc., and Len Thiel, Centurion Company, were present. Bastyr addressed the changes which had been made in the proposal since the last meeting. Planning Director Enger stated the Planning Commission had reviewed the proposal at its August 9, 1982, meeting at which time it had recommended approval of the alternate plan for Kings Forest Addition: a cul-de-sac on the western portion of the property, an east/west road which would extend from Baker Road on the east to the western property line, the connection to St. John's Woods Drive connection be platted as a private street with access via a knock down emergency barrier, the cul-de-sac on the south side of the east/west road parallel to Manchester Lane have a right- of-way platted off of it to connect with West 66th Street on the west, and that the park area provide the ability for future access and right-of-way westerly to West 66th Street connection. Provision for lower density housing was made for the west side of this western most cul-de-sac. (6-1 vote) Penzel asked about the proximity of the lower density residential across from multiple units. Bastyr said they have done this in other developments in the past; extensive berming is used and driveway access points are kept to a minimum. Redpath asked what the reduction in total number of units had been. Bastyr said they had been at 205 and they are now proposing 193. Redpath asked if the single family housing could be Lilt last. Thiel said he would have no objection. Edstrom asked if the design of the cul-de-sac road would be adequate if the West 66th Street connection were to be made. Director of Public Works Dietz said it would be. Tangen asked to have the timetable for the project reviewed. Bastyr noted Phase I would include a 500 cul-de-sac to a private road; the west portion would be the next phase. Tan en asked if perhaps the east/west road with the connection to the west might be done in its entirety during Phase I. Bastyr said the entire project would be built over the next 4 - 5 years. Discussion over the ramifications of the building of the street and the effect of the assessment process on the project ensued. Lewis Kinne, 6617 Manchester Drive, said he objected to the West 66th Street connection; stated it would have a great impact on his neighborhood. Susie Hummel, 6362 St. John's Drive, asked Planning Director Enger to repeat what he had said about .$t. John's Drive. Enger said the Planning Commission had recommended that St. John's Drive be connected with a private street to the south with a knock down barrier. Dick Sather, 6511 Manchester Lane, said he approved of the concept but was against the West 66th Street connection. City Council Minutes -7- August 17, 1982 R. W. McGovern, 6519 Leesborough Avenue, said he was opposed to the West 66th Street connection. Jerry Kingrey, 14211 Holly Road, said he thought West 66th Street should be connected as the Council eight or ten years ago had determined. He noted that Kingston Road in Edenvale was built because of a commitment to build West 66th Street and Forest Hill Road. He said there is much more traffic on Kingston and Holly than was ever expected to be. Jan Anderson, 6591 Manchester Lane, said she was opposed to opening West 66th Street. She felt this would bring a lot more traffic into the neigh- borhood than anyone can anticipate, particularly on Kingston Drive. Dick Feerick, 6518 Leesborough Avenue, felt if West 66th Street were to be connected, the character of the neighborhood would change. He did not feel it necessary to connect West 66th Street at this time. He did not think all neighborhoods should be connected. Dan Mavison, 6613 Canterbury Lane, said he was opposed to the West 66th Street connection particularly since no one in the area is interested in having it connect. Kinne said there will have to be access to the park from the west once the park is developed and he wondered how this would be accomplished. He agreed with Feerick that the character of the neighborhood would chaqe if the connection were mode. Redpath said a commitment was made that there would be more than one way out of Kings Forest. He noted the stress placed by Public Safety on the issue of access in and out of neighborhoods. He said it is a dilemma. Roger Sandvick, 14280 Stratford Road, said he is opposed to the opening of West 66th Street. He said that emergency vehicles have been able to get into his area very quickly. He stated he thought the crime rate would increase and asked if there were any statistics which might bear this out. Penzel said the response time achieved by Public Safety is excellent; in most cases those times have been the result of officers who are off-duty responding to a call because of their proximity to the area. Wayne Gilbertson, 6580 Leesborough Avenue, said he feels the residents are better off without the connection. He cannot see any advantages to the connection. Tangen said he did not feel Eden Prairie was the same City it was five or ten years ago. Rapid changes are being made in the transportation system within the City. We are all being affected by the changes and many of us are not willing to accept these changes. As a physician he felt the public safety issue must be recognized; he is only too aware of the difference a minute or two can make. City Council Minutes -8- August 17, 1982 Woodrow Work, 14303 Stratford Road, said he is opposed to the West 66th Street connection. He expressed concern for the school children who will be walking to Forest Hills School. He said the knock down barrier would be an alternative, if necessary, to the West 66th Street connection. Teepee said the traffic presssures might be eliminated on other residential streets if more connections are made -- both in this neighborhood and others in the City. Hanley Anderson, 6581 Manchester Lane, said the impact of building a road must be examined. He is opposed to the West 66th Street connection. He said he does not see how opening that will alleviate traffic in any other area in the neighborhood. reerick noted the neighborhood is undergoing changes both to the north and the east. He felt the neighborhood is accepting these changes rather well. He said leaving West 66th Street alone would help matters a lot. Edstrom asked the developer when Phase II of the project would begin. Thiel said it would be two to three years before construction would begin. Sandvick said he thought this matter regarding 'Jest 66th Street had been settled at the last Council meeting. Tangen said he had said one access to the west was mandatory: provision for a second access was under discussion. It was hi F thought that provision for a second access must be maintained. Redpath noted there are over 100 cul de sacs in Eden Prairie. The Council must )ook at connections between neignbornoods. Ken Anderson, 601 Manchester Lane, said the issue of public safety of adults must be weighed with that of children who will be walking to schools and parks. He is opposed to the West 66th Street access. Gilbertson stated a year ago this was a quiet neighborhood -- one year later there is the Undestad proposal to the north, Centurion to the east, and a road through the middle of the neighborhood. He said it is a bit much to accept at one time. Kinne said he had lived in Japan for a number of years and had questioned them about the use of cul-de-sacs. The Japanese told him they went back two thousand years and were used for security reasons. Redpath stated when it comes to the question of human life vs. property, human life comes first.' MOTION: Tangen moved, seconded by Redpath, to close the Public Hearing. Motion carried unanimously. City Council Minutes -9- August 17, 1982 MOTION: Tangen moved, seconded by Edstrom, to adopt Resolution No. 82-187, amending the comprehensive Guide Plan as per the 8/12/82 Plan. Motion carried unanimously. MOTION: Tangen moved, seconded by Redpath, to adopt Resolution No. 82-188, approving the Kings Forest Planned Unit Development. Motion carried unanimously. MOTION: Redpath moved, seconded by Edstrom, to give 1st Reading to Ordinance No. 82-20, rezoning 15 acres from Rural to R1-13.5 and 33 acres from Rural to RN 6.5. Motion carried unanimously. MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution No. 82-189, approving the preliminary plat of Kings Forest, with the provision that the outlot on the southwest corner be dedicated to the City and pro- vision be made for West 66th Street. Motion carried unanimously. MOTION: Edstrom moved, seconded by Bentley, to adopt Resolution No. 82-190, finding the environmental assessment worksheet for Kings Forest a private action which does not require an environmental impact state- ment. Motion carried unanimously. MOTION: Edstrom moved, seconded by Bentley, to instruct Staff to draft a Developer's Agreement including the recommendations of the various commissions, those included in the Staff Report of June 25, 1982, the delineation of the area to be dedicated to the City, a•viable connection to the Eden Prdirie Partnership parcels, a knock down barrier on the northernmost cul-de-sac (that which would connect to St. John's Woods), West 66th Street would be connected in Phase II, and Kings Forest Road to be built as a municipal thoroughfare as the need is perceived. Motion carried unanimously. Bentley said he thought it important that connections be made between neighborhoods. The decision to do this is one which must be made by the Council because neighborhoods generally do not want them connected. The issue of public safety must not be overlooked. Redpath said there are only two north-south thoroughfares and two east-west thoroughfares in the City; it is time the whole City is taken into consideration rather than the desires of single neighborhoods. D. AMERICAN BAPTIST HOMES OF THE MIDWEST by American Baptist Homes of the Mid- west. Request for rezoning from Rural to Office for 1 (approximately) acre to construct a central office for American Baptist Homes of the Midwest. Located at 7928 Eden Vd'ad. (Ordinance No. 82-22) City Council Minutes -10- August 17, 1982 Dan Swedberg, Hamel, Green 8, Abrahamson, representing American Baptist Homes, spoke to the proposal. Planning Director Enger stated the Planning Commission had reviewed the proposal at its July 26, 1982, meeting at which time it recommended approval of the request subject to the recommendations included in the Staff Report of July 22, 1982. Enger also noted the Parks, Recreation & Natural Resources Cemission had reviewed the proposal at its August 2, 1982, meeting and had reconmended approval as per the Planning Staff Report. Bentley asked how this proposal would fit in with the overall schematic of the Major Center Area. Enger said an office use is appropriate in this area; the question is whether or not this is considered an interim use because it is a home which is being renovated. Bentley asked if this would be doing away with an interim use and giving it a more bona fide use. Enger's opinion was that it would be a remodeled hone with a permanent use since over $200,000 would be spent in remodeling. Bentley questioned whether this type of conversion is in the best interest of the community. Enger said his personal opinion was that it was not in the best interest of the City to allow conversion of single-family homes into offices. Bob Kooiman, 7936 Eden Road, said he felt some concern about the timing of this rezoning; he wondered if it would start a trend. He stated this change will make it much harder for a large developer to assemble larger pieces within the area. He felt guidelines should be established, he said this was a prime piece of Lien Prairie property. Tom Heidberg, Land'Sake, Inc., owner of the property to the east of this parcel, developers of the proposed ldelwild Office Center complex, said he questioned the precedent being set by this rezoning. He asked if the proponent's interim use permit was about to expire. He stated the charac- ter of the neighborhood had not yet established itself. He would like to see this proposal postponed until his development has a chance to be financed. Jack Higgins, Executive Vice-president, American Baptist Homes, said the planned renovation of their building would bring it totally up-to-date. Penzel asked why they had decided to renovate this building. Higgins said it was more economical to renovate this building than to build a new one. Their interim use agreement does not expire until next May; they felt it would not be fair to wait until then to make a decision as to what to do. Higgins said this building will have the integrity of a new one. Redpath noted the land on Eden Road will soon be worth more than the homes which are there now. Bentley expressed concern that islands will be created if interim uses are allowed to be renovated/expanded rather than encouraging new develop- ment in areas such as this. City Council Minutes -11- August 17, 1982 Edstrom asked the size of this parcel. Enger said it is .7 acre. Red- path asked what the assessments would be like on the homes in this area because of the road construction. City Manager Jullie said the assessments would be deferred until the properties are sold and/or further developed. Bentley said he felt strongly that the City needs a comprehensive develop- ment plan for the Major Center Area. He would like to see a general con- cept as to what the owners of the properties have in mind as to how they intend to develop the properties. Tangen said there has been a commitment by the proponent for something which is not new and which they want. It is in general conformity with the uses in the area. He felt this proposal would be hard to deny. Kooiman said he would like to move but he would like to replace his home with one of comparable size in Eden Prairie; at the present he cannot find a buyer for his home. He questioned the timing of this project -- he felt he would be able to find a buyer for his hone ina year. MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing and the give 1st Reading to Ordinance No. 82-22, rezoning from Rural to Office. Motion carried unanimously. E. VACATION OF SANITARY SEWER EASEMENT on Lot 2, Block 2, LeParc Industrial -Park (Resolution N6. 82-2b6)--- -- Director of Public Works Dietz addressed the vacation request. He also discused die Aomdlieut to LePare Developer's Ayreei,ent (oh the Agenda as item VII. C.) MOTION: Edstrom moved, seconded by Bentley, to close the Public Hearing, to adopt Resolution No. 82-206, and to amend the LeParc Developer's Agreement. Motion carried unanimously. V. PAYMMT or CLAIMS NOS 316 9 - 3405 MOTION: Redpath moved, seconded by Bentley, to approve the Payment of Claims Nos. 3162 - 3405. Roll call vote: Bentley, Ldstrom, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. VI. REPORTS OF ADVISORY COMMISSIONS There were no reports. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request for Liquor License for Brothers-In-Law, Inc. dba Boardwalk Restaurants, lnc.--(fOrmerly Brothers Restaurant at Eden Prairie Center) - (Continued from August 3, 1982) This item was moved to the Consent Calendar as item III. L. City Council Minutes -12- August 17, 1982 B. Request for time extension and amendments to the proposed Developer's Agreement for Timber Creek . Forth of Duck Lake Trail, south of Townline Road and west of County Road 4) Rick Murray representing B-T Land Company spoke to the request, He noted the problems with the Developer's Agreement relative to the park land, particularly in relation to financing in view of the dedi- cation provisions/timing. City Attorney Pauly further explained the situation in light of the City's position. Murray said their concern was that a future Council might not go along with what had already been done and the property might be "down zoned." Pauly said the problem can be resolved by zoning the whole parcel. Murray said the current economy has precluded development as they had earlier planned. Director of Planning Enger addressed the concerns of Director of Community Services Lambert: in Phase I the City would receive the active park in the southwestern part of the area and in Phase II the floodplain area would be dedicated. Enger said from a Planning Depart- ment perspective it was recommended to rezone a phase at a time and to have the land conveyed a phase at a time. MOTION: Bentley moved, seconded by Redpath, to allow the time exten- sion and to amend the Developer's Agreement to allow for phasing -- dedication with each phase of zoning. Motion carried unanimously. C. Amendment to LeParc Developer's Agreement See item IV. E. VIII. ORDINANCES & RESOLUTIONS A. Resolution adopting Urban Hennepin County . Housing,Rehabilitation Grant Program Procedural Guides (Resolution No. 82-200) This item was moved to the Consent Calendar as item III. M. IX. REPORTS .OF_OFFICERS, noARDs .g, gmmIssIoNs_ A. Reports of Council Members 1. ArDintment of Comlissioners to Housing & Redevelopment Authority. MOTION: Bentley moved, seconded by Redpath, to appoint the members of the City Council as Commissioners to the Housing & Redevelopment Authority with terms coincidental with those members of the Council. Motion carried unanimously. 1'77, City Council Minutes -13- August 17, 1982 2. Penzel - said he and City Manager Jullie had met with the manager of the landfill. An invitation to tour the facility had been ex- tended. MOTION: Redpath moved, seconded by Bentley, to meet at 6 p.m. on Tuesday, September 7, 1982, to tour the landfill. Motion carried unanimously. B. Report of City Manager 1. HRA Housing_ Revenue Bonds for Edenvale Apartments City Attorney Pauly spoke to the negotiations he had with the attorneys for Edenvale Apartments. (See attached memorandum.) James Gilbert and Steve Cox were present to represent the pro- ponent and spoke to their problems with the indemnification clause. City Attorney Pauly noted the specific provision which addressed the indemnification agreement which the City requires. Discussion on the ramifications of the provisions ensued. MOTION: Bentley moved, seconded by Redpath, to continue the meeting beyond the 11:30 p.m. time limit. Motion carried unanimously. Various ways were discussed which might alleviate the problems which have been presented. MOTION: Redpath moved, seconded by Bentley, to continue action on this item to the next meting of the City Council. Motion carried unanimously. C. Report of City Attorney There was no report. D. R_nport of Director of Community Services 1. HAD (Hockey Association of Edel Prairie) request for Holiday Hockey lournament This item was moved to the Consent Calendar as item III. N. 2. Park Facilities Reservation Policies This item was moved to the Consent Calendar as item III. O. o r, L ) / ir City Council Minutes -14- August 17, 1982 E. Report of Director of Public Works 1. Addendum to Developer's Agreement dated June 29, 1982 for Lee Data Bob Worthington and Wayne Fields were present representing Lee Data. Worthington addressed the requirement for a secondary road access and the proponent's request to have this amended due to easement problems which have developed. Fields spoke to the commitments which had been made with adjoining property owner previously and the conditions which are not being met. MOTION: Tangen moved, seconded by Ldstrom, to amend the Developer's Agreement as per the August 11, 1982, letter to the City Council from Opus Corporation and to pursue the acquisition of additional right-of-way as well as payment or reimbursement which would make that feasible. Motion carried unanimously. 2. Metropolitan Waste Control .Commission Permit Application for Lee Data (Resolution No. 82-207) MOTION: Tangen moved, seconded by Edstrom, to adopt Resolution No. 82-207, authorizing permit application. Motion carried unani- mously. X. NEW BUSINESS A. Purcialse Aoruement for Right-of-Way - Plairie C(,u'Ler Drive Director of Public Works Dietz addressed the excess right-of-ways MOTION: Redpath moved, seconded by Tangen, to instruct Staff to nego- tiate with the property owner to sell the excess right-of-way at a price of $2.00 per square foot giving the buyer a three year option on the property. Roll call vote: Bentley, Fdstrom, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. B. 5yecial Item Edstrom stated he would not be running for reelection. He said he has enjoyed being on the Council and working with City Staff and members of the Council. He feels he would now like to pursue other areas of interest. Penzel said he would .00te again be a candidate for the office of Mayor. Redpath said he would be a City Council candidate. XI ADJOURNMENT MOTION: Redpath moved, seconded by Edstrom, to adjourn the meeting at 12:22 a.m. Motion carried unanimously. The following items are on file in the City Clerk's Office as attachments to the August 17, 1982, Minutes: 1. Letter of Commendation (Officer Rick Rabenort) 2. Memorandum to the Ma)or and City Council from Roger Pauly and Richard Rosow, City Attorneys, re: $5,500,000 Housing Development Revenue Note (Edenvale Apartments Project) UNAPPROVED MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, AUGUST 24, 1982 COUNCIL MEMBERS: PARKS, RECREATION & NATURAL RESOURCES COMMISSION: COUNCIL STAFF: ROLL CALL: all were present 7:30 PM, CITY HALL Mayor Wolfgang H. Penzel, George Bentley, Dean Edstrom, Paul Redpath and George Tangen Richard Anderson, Pat Breitenstein, Marge Friederic Gary Gonyea, Marty Jessen, Jerry Kingrey, and Jesse Schwartz City Manager Carl J. Jullie, Director of Pubic Works Eugene A. Dietz, and Director of Community Services Bob Lambert I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Bentley moved, seconded by Redpath, to approve the Agenda as published. Motion carried unanimously. II. FINAL APPROVAL FOR HOUSING REVENUE BONDS FOR EDENVALE APARTMENTS (Resolution No. 82-280T Edstrom asked if there had been any changes made in the documents related to this transaction. The proponents explained two minor changes made in conjunction with the City Attorney's Office. The Council received a letter dated August 23, 1982, from City Attorney Roger Pauly indicating no further legal objections to the substance or form of the related documents. MOTION: Tangen moved, seconded by Redpath, to adopt Resolution No. 82-208, giving final approval for housing revenue bonds for Edenvale Apartments. Motion carried with Bentley voting "no." III. MEETING WITH THE PARKS, RECREATION & NATURAL RESOURCES COMMISSION TO DISCUSS GRADING IN THE MAJOR CENTER AREA Staff reviewed the sequence.of meetings and the approval process which led to approval of road grading and tree removal in the borrow areas in the SW Major Center Area. ruP City Council Minutes -2- August 24, 1982 Parks, Recreation & Natural Resources Commission members expressed concern that the project was not submitted to them for their recommendations prior to Council approval. Staff explained that the extra cost involved to save the oak trees in question would have been over $500,000. Also, there were no regular meetings of the Parks, Recreation & Natural Resources Commission from June 1, 1982, when the grading plans were finalized until June 11, 1982, when bids were due. It was a consensus of the Council that Staff be directed to included the Parks, Recreation & Natural Resources Commission for recommendation prior to Council approval of any public works projects or other development which may incur significant removal of slopes and/or trees, marsh areas of any other significant land features. IV. ADJOURNMENT The meeting was adjourned at 9:15 p.m. Baypoint Manor Apts. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Ordinance No. 82-14 AN ORDINANCE RELATING TO ZONING AND AMENDING CITY CODE . THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. The City Code is amended as follows: (a) The property, as set forth in Exhibit A attached hereto and made a part hereof, shall be and hereby is removed from the Rural and shall be included hereafter in the RM 2.5 (b) The property, as set forth in Exhibit 8 attached hereto and made a part hereof, shall be and hereby is removed from the Rural and shall be included hereafter in the R1-22 District District. District District. Section 2. The above described property shall be subject tu the terms and conditions of that certain Developer's Agreement dated as of September 1, 1982 entered into between G & D Enterprises, a Minnesota corpor- ation, and the City of Eden Prairie, which Agreement is hereby made a part hereof and shall further be subject to all ordinances, rules and regulations of the City of Eden Prairie. 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 7 day of July, 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. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk PUBLISHED in the Eden Prairie News on the tp/i day of , 1982. 4arnes R. 1111, inc• PL A Nt\ bMG, i NO NGNU E RING .CONCLPTS NOTE: The following metes and hounds description is the sam e l a n d a s b e i n g Plafted in the proposed Lot 2, Block 1, BAY POINT MANOR ADDIT I O N . That part of Tracts F and H, Registered Land Survey'No. 1402 , f i l e s o f t h e Registrar of Titles, Hennepin County, Minnesota described as f o l l o w s : Comensing at the northwest corner l of said Tract H; thence on an assumed bearing of South 1 degree 54 minutes 45 seconds W e s t along the west line of said Tract H a distance of 335.33 fee t to the point of beginning of the land to be described; thenc e - continuing South 1 degree 54 minutes 45 seconds West along s a i d west.line a distance of 486.88 feet to the south line of sai d Tract H; thence North 89 degrees 59 minutes 44 seconds Fast along said south line a distance of 69.67 feet; thence Sout h 83 degrees 59 minutes 28 seconds East along said south line a distance of 191.05 feet; thence South 80 degrees 32 minutes 4 6 seconds fast along said south line a distance of 65.00 feet ; thence North 6 degrees 52 minutes 53 seconds East a distanc e of 180.72 feet; thence South 74 degrees 26 minutes 07 secon d s East a distance of 318.17 feet; thence North 0 degrees 11 minutes 09 seconds Fast a distance of 166.22 feet; thence Nort h 2 7 . degrees 53 minutes 30 seconds East a distance of 53.94 feet to an anple point in the northerly line of said Tract H; thence North 81 degrees 51 minutes 50 seconds West along said norther l y line a distance of 86.18 feet to the easterly line of said Tr a c t F; thence North 4 degrees 58 minutes 45 seconds West along sa i d easterly line a distance of 42.68 feet; thence northwesterly a distance of 206.09 feet along said easterly line, being a tangential curve, concave to the southwest having a radius of 148.00 feet and a central angle of 79 degrees 47 minutes 03 seconds to the east line of Tract B, Registered Land Survey No. 1395, files of the Registrar of Titles, said Hennepin County; thence South 5 degrees 48 minutes 40 seconds West alo n g said east line a distance of 11.00 feet to the southeast corn e r of said Tract B; thence North 84 degrees 45 minutes 20 second s West along theouth line of said Tract B a distance of 71.0 0 feet to the southwest corner of said Tract B; thence North 8 4 degrees 38 minutes 50 seconds West a distance of 201.58 feet to the southwesterly line,pf said Tract F, Registered Land Survey No. 1402; thence North 26 degrees 20 minutes 50 secon d s West along said southwesterly line a distance of 51.18 feet t o the southeasterly line of Tract A, said Registered Land Sur v e y No. 1402; thence southwesterly a distance of 149.34 feet al o n g said southwesterly line and its southwesterly continuation, being a nontangential curve, concave to the northwest, havi n g a radius of 503.45 feet, a central angle of 16 degrees 59 minutes 45 seconds and a chord bearing of South 74 degrees 21 minutes 55 seconds West to the point of beginning. . consultant • registered professional engineer' 8200 HUMBOLDT AVENUE SOUTH • BLOOMINGTON • MINNESOTA • 55431 • 61 2 - 8 8 4 - 3 0 2 9 Ershi bit A v..1 ,7 ca ce I I Rm •,, ames R• inc•r • 44-4. $.41.411.5......4.4... boa. -•""7"."-- PLANNING AND INGINLEKING CONCLP1S EXHIBIT " NOTE: The following metes and bounds description is the same land as being platted in the proposed Lot 1, Block 1, BAY POINT MANOR ADDITION. That part of Tract H, Registered Land Survey No. 1402, files of the Registrar of Titles, Hennepin County, Minnesota described as follows: Commencing at the northwest corner of said Tract H; thence on an assumed bearing of South 1 degree 54 minutes 45 seconds West along the west line of said Tract H a distance of 822.21 feet to the . south line of said Tract H; thence North 89 degrees 59 minutes 44 • seconds East along said south line a distance of 69.67 feet; thence South 83 degrees 59 minutes 28 seconds East along said south line a distance of 191.05 feet; thence South 80 degrees 32 minutes 46 seconds East along said south line a distance of 65.00 feet; thence North 6 degrees 52 minutes 53 seconds East a distance of 180.72 feet; thence South 74 degrees 26 minutes 07 seconds East a distance of 318.17 feet to the point of beginning of the land to be described; thence North 0 degrees 11 minutes 09 seconds East a distance of 166.22 feet; thence North 27 degrees 53 minutes 30 seconds East a distance of 53.94 feet to an angle point in the northerly line of said Tract H; thence North 27 degrees 53 minutes 30 seconds East along said northerly line a distance of 96.06 feet; thence South 67 degrees 03 minutes 30 seconds East along said northerly line a distance of 133.83 feet; thence North 57 degrees 25 minutes 45 seconds East along said northerly line a distance of 128.15 feet; thence northeasterly a distance of 28.85 feet along said northerly line, being a tangential curve, concave to the northwest, having a radius of 48.49 feet and a central angle of 34 degrees 05 minutes 27 seconds to the easterly line of said Tract H; thence South 22 degrees 26 minutes 26 seconds East along said easterly line a distance of 46.02 feet; thence South 18 .degrees 03 minutes 19 seconds West along said easterly line a distance of 540.97 feet to the southerly line of said Tract H; thence South 80 degrees 32 minutes 16 seconds West along said southerly line a distance of 39.10 feet; thence North 0 degrees 03 minutes 53 seconds West a distance of 189.40 feet; thence North 74 degrees 26 minutes 07 seconds West a distance of 136.50 feet to the point of beginning. consultant • registered professional engineer 8200 HUMBOLDT AVENUE SOUTH • BLOOMINGTON • MINNESOTA • 55431 • 612-884-3029 •••nn•n•nn 6/7/ , arce 1 I fr••n••" Baypoint Manor Apts. DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of a"ran zef , 1982 by and between G & D ENTERPRISES, a Minnesota corporation, hereinafter referred to as "Owner" and the CITY OF EDEN PRAIRIE, a municipal corpor- ation, hereinafter referred to as "City", WITNESSETH: WHEREAS, Owner has applied to City to rezone from Rural to RM 2.5 approximately 6.3 acres described as Parcel 1, Exhibit A, attached hereto and made a part hereof, and from Rural to R1-22 for 2.2 acres described as Parcel 2, Exhibit A, both hereafter referred to as "the property", and WHEREAS, Owner desires to develop Parcel 1 to construct thereon a 4 story building with an aggregate of 152 apartment units, and to maintain the single family use on Parcel 2. NOW THEREFORE, in consideration of the City adopting Ordinance No. 82-14 and Resolution No. 82-130, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: I. Owner shall plat and develop the property in conformance with the material dated 3/15/82 reviewed and approved by the City Council on 7/6/82 and attached hereto as Exhibit B, subject to such changes and modifications as prOvided - -h-erein. Owner shall not develop, construct upon or main- tain the property in any other respect or manner than provided herein. 2. Owner covenants and agrees to the performance and observance by Owner at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. /TN Developer's Agreement-Baypoint Manor Apts. page 2 3. Prior to any work or construction upon th e p r o p e r t y , O w n e r shall: a) Convey by Warranty Deed that part of the pro p e r t y described as Parcel F as depicted on Exhibit B, ...• to the Preserve Homeowner's Association. b) Install snow fencing east of the proposed bu i l d i n g between Parcels D and E, as depicted on Exhibit B, to protect the existing trees. c) Submit detailed utility plans to the City E n g i n e e r for review and receive approval thereof. S u c h - plans shall include but not be limited to l o o p i n g of utilities. 4. Prior to building permit issuance, Owner s h a l l r e c e i v e a p p r o v a l from the Department of Natural Resources for t h e c o n s t r u c t i o n of the four story building as depicted on Exhibit B. 5. In the event City determines the property h a s i n s u f f i c i e n t parking spaces constructed upon the property , O w n e r s h a l l submit to City a detailed parking plan depic t i n g t h e n e e d e d additional spaces and obtain City's approval t h e r e o f . 6. Concurrent with construction upon Parcel I , O w n e r s h a l l : a) Construct a totlot structure in the locatio n depicted on Exhibit B similar in style to the structure described in Exhibit D, attached hereto and made a part hereof, and as approv e d by the Director of Community Services. b) Construct an 8' wide 2" deep asphalt path wi t h a 5" deep class V base in the following lo- cations: 1. From the building south to the Neill Lake pathway v and 2. From the building north to The Preserve Community Recreational Facilities, both as depicted on Exhibit B. 7.. Prior to issuance of any permit for con s t r u c t i o n u p o n t h e property, Owner shall submit to the City At t o r n e y a r e s t r i c t i v e covenant and obtain the City Attorney's appr o v a l t h e r e o f . S u c h covenant shall include but not be limited to r e s t r i c t i n g t h e use of the structure on Parcel 2 for single f a m i l y o c c u p a n c y . Notary Pablic Developer's Agreement-Baypoint Manor Apts. page3 IN WITNESS WHEREOF, the parties to this Agreement have c a u s e d t h e s e presents to be executed as of the day and year aforesai d . CITY OF EDEN PRAIRIE • • ETWolfgang H. Fenzel, Mayor by Carl J. Jullie, City Manager STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me t h i s _ day of , 1982 by Wolfgang H. Fenzel, the Mayor and Carl J. Jullie, the City Manager of the City of Eden P'-airie, a m u n i c i p a l c o r - poration on behalf of the corporation. Notary Public G & D ENTERPRISES STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was-d'dknowledged before me t h i s / 'day of 1982 by the a Minnesota corporation, on behalf of the corporation. ."""e•"*"."*..........,7 RICHARD H. SMITH NOTARY PUOLiC-AIINNABOTA MY CONM.101011.1..111• FE 8 ‘6 . 1 985 1 / n16 arnes R. Hill, inc.„ PLANNINGBIT AND ENGINEERING CONCEPTS LXHI A NOTE: The following metes and hounds description is the same land as being platted in the proposed Lot 2, Block 1, BAY POINT MANOR ADDITION. That part of Tracts I and H, Registered Land Survey No. 1402, files of the Registrar of Titles, Hennepin County, Minnesota described as follows: Comnencing at the northwest corner i of said Tract H; thence on an assumed bearing of South 1 degree 54 minutes 45 seconds West along the west line of said Tract H a distance of 335.33 feet to the point of beginning of the land to be described; thence • . continuing South 1 degree 54 minutes 45 seconds West along said west line a distance of 486.88 feet to the south line of said Tract H; thence North 89 degrees 59 minutes 44 seconds East along said south line a distance of 69.67 feet; thence South 83 degrees 59 minutes 28 seconds East along said south line a distance of 191.05 feet; thence South 80 degrees 32 minutes 46 seconds Fast along said south line a distance of 65.00 feet; thence North 6 degrees 52 minutes 53 seconds East a distance of 180.72 feet; thence South 74 degrees 26 minutes 07 seconds East a distance of 318.17 feet; thence North 0 degrees 11 minutes 09 seconds East a distance of 166.22 feet; thence North 27 degrees 53 minutes 30 seconds East a distance of 53.94 feet to an angle point in the northerly line of said Tract H; thence North 81 degrees 51 minutes SO seconds West along said northerly line a distance of 86.18 feet to the easterly line of said Tract F; thence North 4 degrees 58 minutes 45 seconds West along said easterly line a distance of 42.68 feet; thence northwesterly a distance of 206.09 feet along said easterly line, being a tangential curve, concave to the southwest having a radius of 148.00 feet and a central angle of 79 degrees 47 minutes 03 seconds to the east line of Tract B, Registered Land Survey No. 1395, files of the Registrar of Titles, said Hennepin County; thence South 5 degrees 48 minutes 40 seconds West along said east line a distance of 11.00 feet to the southeast corner of said Tract B; thence North 84 degrees 45 minutes 20 seconds West along the'south line of said Tract 8 a distance of 71.00 feet to the southwest corner of said Tract B; thence North 84 degrees 38 minutes 50 seconds West a distance of 201.58 feet to the southwesterly line.of said Tract F, Registered Land Survey No. 1402; thence North 26 degrees 20 minutes 50 seconds West along said southwesterly line a distance of 51.18 feet to the southeasterly line of Tract A, said Registered Land Survey No. 1402; thence southwesterly a distance of 149.34 feet along said southwesterly line and its southwesterly continuation, being a nontangential curve, concave to the northwest, having a radius of 503.45 feet, a central angle of 16 degrees 59 minutes 45 seconds and a chord hearing of South 74 degrees 21 minutes 55 seconds West to the point of beginning. consultant • registered professional engineer 8200 HUMBOt DT AVENUE SOUTH • Bt 00MINGTON • MINNESOTA • 55431 • 612-884-3029 E ExhIbil A Kr o liirce I I Rrn ;TS • • „James R. Hill inc.r_ PLANNING AND ENGINEERING CONCEVIS EXHIBIT NOTE: The following metes and bounds description is the same land as being platted in the proposed Lot 1, Block 1, BAY POINT MANOR ADDITION. That part of Tract H, Registered Land Survey No. 1402, files of the Registrar of Titles, Hennepin County, Minnesota described as follows: Commencing at the northwest corner of said Tract H; thence on an assumed bearing of South 1 degree 54 minutes 45 seconds West along the west line of said Tract H a distance of 822.21 feet to the . south line of said Tract H; thence North 89 degrees 59 minutes 44 • seconds East along said south line a distance of 69.67 feet; thence South 83 degrees 59 minutes 28 seconds East along said south line a distance of 191.05 feet; thence South 80 degrees 32 minutes 46 seconds East along said south line a distance of 65.00 feet; thence North 6 degrees 52 minutes 53 seconds East a distance of 180.72 feet; thence South 74 degrees 26 minutes 07 seconds East a distance of 318.17 feet to the point of beginning of the land to be described; thence North 0 degrees 11 minutes 09 seconds East a distance of 166.22 feet; thence North 27 degrees 53 minutes 30 seconds East a distance of 53.94 feet to an angle point in the northerly line of said Tract H; thence North 27 degrees 53 minutes 30 seconds East along said northerly line a distance of 96.06 feet; thence South 67 degrees 03 minutes 30 seconds East along said northerly line a distance of 133.83 feet; thence North 57 degrees 25 minutes 45 seconds East along said northerly line a distance of 128.15 feet; thence northeasterly a distance of 28.85 feet along said northerly line, being a tangential curve, concave to the northwest, having a radius of 48.49 feet and a central angle of 34 degrees 05 minutes 27 seconds to the easterly line of said Tract H; thence South 22 degrees 26 minutes 26 seconds East along said easterly line a distance of 46.02 feet; thence South 18 degrees 03 minutes 19 seconds West along said easterly line a distance of 540.97 feet to the southerly line of said Tract H; thence South 80 degrees 32 minutes 16 seconds West along said southerly line a distance of 39.10 feet; thence North 0 degrees 03 minutes 53 seconds West a distance of 189.40 feet; thence North 74 degrees 26 minutes 07 seconds West a distance of 136.50 feet to the point of beginning. consultant • registered professional engineer 8200 HUMBOLDT AVENUE SOUTH • BLOOMINGTON • MINNESOTA. 55431 • 612-884-3029 T Ar l ee!via (2. ., q_Di9iiit • / 4-..:-... p..,:,i„„' ,,, 'i.rirmtp-d-% x if .....--,--------- --v.:- ----- - „.., - wthk...% • t - ' , \. -----_•,%,. ".1"“.• 0•n•••••ws w s .••••WO 1.1 •••O •s) SITE PLAN go• 17.•• ..... •••n•• •n •••••• • ..... •12 •as LADEN. •••••••• Lofts • ••/..••• •• SO,. Sr gl• ••••• 01 1.4.01•••• •••• •• •• ..... •• 040 10 ••,••• AP •,••• Or •••••• e• ....I.. 8. I ••••••••n ••• l•O•A snow "...fencin g asphalt paths • Exhibit -:...,, . /TM •11, DEVeLLII, ,AGNT flflTA A •••••“A. • •••n•“, S ••••[•• 0 •••• •L • ••••••S•1. ••••••• , . Sept. 21, 1982 CITY OF EDEN PRAIRIE HENNEPIN .COUNTY, MINNESOTA RESOLUTION NO. 82-229 A RESOLUTION APPROVING FINAL PLAT OF BAYPOINT MANOR ADDITION . WHEREAS, the plat of BAY POINT MANOR ADDITION has been sub- mitted in the manner required for platting land ,Inder the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin- ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat Approval Request for BAY POINT MANOR ADDITION is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated September 15, 1982. . That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed and/or Regis- trar of Titles for their use as required by MSA 462.358, Subd. 3. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. ADOPTED by the City Council on • September 21, 1982. Wolfgang H. Penzel, Mayor ATTEST: SEAL B. C. D. John D. Frane, Clerk September 21, 1982 CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and City Council Members THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works . FROM: David Olson, Engineering Technician 010 DATE: September 15, 1982 SUBJECT: BAY POINT MANOR ADDITION PROPOSAL: HISTORY: VARIANCES: The developer, G and D Enterprises, have requested City Council approval of the final plat of Bay Point Manor Addition, a residential multiple addition to consist of 152 apartment units on approximatel y 6.3 acres and a single family residential area of approximately 2.2 acres. The area is located in the North ½ of Sections 23 and 24, south of Anderson Lakes Parkway and north of Neill Lake. Zoning to RM 2.5 of approximately 6.3 acres (Lot 2, Block 1) and RI-22 of approximately 2.2 acres (Lot 1, Block 1) is scheduled for second reading (Ordinance No. 82-14) by the City Council on Septem- ber 21, 1982. The preliminary plat was approved by the City Council on July 20, 1 9 8 2 , per Resolution No. 82-130. The Developer's Agreement referred to within this report is schedul e d for execution on September 21, 1982. The Developer's Agreement requires Outlot A be conveyed by Warrant y Deed to the Preserve Homeowners Association prior to the commencem e n t of any construction upon the property. Outlets B, C and D will remain under the ownership of the Preserve. All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: Parcels currently proposed for development are served by privately owned and maintained water and roadway systems. Sanitary sewer service to Lot 1 is privately owned and maintained although service to Lot 2 is public. Through the Developer's Agreement, looping of the watermain system has been required. Upon receipt of proper easements and as-built drawings the City would assume ownership and maintenance responsibil i t i e s of this system. A roadway access and maintenance agreement over Tract A, RLS 1402 must be submitted to the Director of Public Works in a form acceptable to the City Attorney prior to release of the final plat. / Z/ Pg. 2 Final Plat Bay Point Manor Addition PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. Improvements as required through the Developer's Agreement to Outlot A are to be done concurrent with construction upon Lot 2. BONDING: The requirements for bonding are covered in the Developer's Agreement. The watermain loop and tot lot are the only public improvements requiring bonding. RECOMMENDATION: Recommend approval of the final plat of Bay Point Manor Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of fee for City Engineering Services in the amount of $3060.00. 2. Execution of the Developer's Agreement. 3. Final reading of Ordinance No. 82-14 by the City Council. 4 Execution of road access and maintenance agreement over Tract A, RLS 1402. DLO:sg Ridgewood West Two PUD & Phase 1 DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1982 by and between CENTEX HOMES MIDWEST, INC,, a Nevada corporation, hereinafter referred to as "Owner" and the CITY OF EDEN PRAIRIE, a municipal corporation; hereinafter referred to as "City", WITNESSETHi WHEREAS, the parties hereto made and entered into a Developer's Agreement dated December 5, 1978, ("Developer's Agreement"); and WHEREAS, Owner desires to amend the Developer's Agreement to construct different housing types upon 64 acres of the original 88 acres described in the Dec. 5, 1978 Developer's Agreement. Said 64 acres more fully described in Exhibit A, attached hereto and made a part hereof and hereafter referred to as "the property". NOW THEREFORE; in consideration of the City adopting Resolution Nos. 82-165 and 82-168, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the material dated July, 1982 reviewed and approved by the City Council on July 6, 1982 and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Owner shall not develop, construct upon or maintain the property in any other respect or manner than provided herein. . 2. Owner covenants and agrees to the performance and observance by Owner at such times and in such manner as provided therein of all of the terms, covenants, agreements , and conditions set forth in Exhibit C, attached hereto and made a part hereof. Developer's Agreement-Ridgewood West Two page 2 , 3. City shall convey to Owner that part of the property shown as park, described as Outlet A, on Exhibit B, Ridgewood West. Owner shall concurrent with the construction on phase 1 of the property as described on Exhibit A .and depicted on Exhibit B, construct a mini-park on said outlot according to the specifications setforth in Exhibit D, attached hereto and made a part hereof. Such mini- park construction shall be bonded as setforth in item XI, Exhibit C. In addition, such migi-park shall be maintained by Owner until transferred to the homeowner's association which shall be created and incorporated as soon as first residential lot is sold. 4. City will not beobligated to approve building permits for Phase 3 and 4, Exhibit B, unless Anderson Lakes Parkway is constructed and open to vehicular traffic to US 169, or an alternate entrance is constructed. 5. Owner shall, in accordance with the specifications of the City Engineer, concurrent with street and utility construction, construct the following: a. A 5 wide 5 inch deep concrete sidewalk with let-down curb and gutter within the right-of-way along both sides of Cumberland Road as depicted in red on Exhibit B. and Hawthorne Drive b. Knollwood Drive from Cumberland to Hawthorne Drive4with 32 feet wide driving surfaces as depicted on Exhibit B. c. A 6 foot wide 2" deep strength asphalt path with a 5" deep Class V base as depicted in black on Exhibit B, in the following locations: 1. East and north of the driving surface, and outside of the right-of-way of Knollwood Drive, commencing at Cumberland Road and terminating at Hawthorne Drive. 2. West and south of the driving sruface, and outside ' of the right-of-way of Hawthorne Drive, conunencing at Knollwood Drive and terminating at Cumberland 'Road. Both asphalt pathways are to be owned and maintained by the homeowner's association. 6. In implementation of the PUD and as variance from certain pro- visions imposed by City Ordinance 135, as amended, City authorizes the following for Phase 1 construction: a. Platting of lots 6,000 sq. ft. or larger. b. Sideyard setbacks of 5 feet. c. Front yard setback from public streets (except on Cumberland Road) of 20 feet. 'Tyr/I It Developer's Agreement-Ridgewood West Two page 3 7, Owner shall file and record declarations of covenants, conditions and restrictions, on the property which contain provisions for: exterior colors of earth tones, ownership, and maintenance of pathways outside public right-of-ways, maintenance of totlots, architectural control, snow removal, and exclusion of recreational vehicles. e. Prior to the issuance of any building permits, Owner shall submit to City a detailed storm water plan and obtain the City's approval thereof. 9. Owner agrees to develop restrictive covenants in Phase 2 so that cul-de-sacs A and B, to be platted as outlots, as depicted on Exhibit B, will be owned and maintained by the homeowner's association. 1 T Nory fUlic Developer's Agreement-Ridgewood West Two page 4 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE by Wolfgang H. Penzel, Mayor by Carl J. Jullie, City Manager STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1982 by Wolfgang H. Penzel, the Mayor and CarlJ. fie—tflyThanager of the City of Eden Prairie, a Minnesota municipal corporation on behalf of the corporation. Notary Public CENTEX HOMES MIDWEST, INC. Tlimothy R. Eller, Vice-President STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrunent was acknowledged before we this 101 day of 'Serjr(LAALgeOL0 1982 by Timothy R. Eller, Vice-President of Centex Homes Midwest, Inc., a Nevada corporation, on behalf of the corporation. M• A. SCHROETKE ti..71AtY ft IC - SlitRBURNE CONY ;ssion tAwie, Oct 21,1988 My tomm Ido PHASE 1 DESCRIPTION: Lots 3-18 , Block5 All of Block 7, Ridgewood West; Hennepin County, Minnesota THE PROPERTY DESCRITPION: Lots 28-62, Block 1 All of Blocks 3,6 & 7 Lots 3-47, Block 5 Outlots A & B Ridgewood West Hennepin County, Minnesota EXHIBIT A riy e , 1 '-'-‘"7:1:5-elq.---..1-‘-\-1-•-•;•:\,-,.---- :;i:/:,1)-174:‘'11.11':,:;''''''' • ,1-7"...... , , - \ ''' t' / 7, .077:1 r:1/i::.,/,/ , ,,... ,,,,,,,,,„ , , ,,,,, ,i , , , ,_--, .,,, r\ • ,,' / ././//v / ,1--rr-7-7\;,:',-. // ,C).1 /1 ii I 11 — .,\.,.::-; \ ,,,,P,/ I I I L!(/'''... ' : .., 1 \ I 1 L--,1 '. - • ...1. - :\.-1 .`.. .1 1 1 j i III : : ,,, I . ,J, : , I 'I , % , ; .;-•.-f- 1 1_.*: - ,,,,,,,•,....,•.,,,,e, , ;,..,, I. !I I I '3 _..r.---6 0 t-; i rid' 1 A t .. • Lc, -I ii ' 1 t • .. • 4-_____,I) • i 1 r',)=.2.,F, • •• .T-r ----rrt-T-' . - 1 I. • ; I tra I \ ; V/ ' — P .1-1--' - • • i I - I. cr.awl' 'J./ I . ) ,1---c-",;% ' I ' 1 .-itlY•••?.. V.-- L September 21, 1982 CITY OF EDEN PRAIRIE HENNEPIN 'COUNTY, MINNESOTA RESOLUTION NO. R82-227 A RESOLUTION APPROVING FINAL PLAT OF RIDGEWOOD WEST PLAT TWO WHEREAS, the plat of Ridgewood West Plat Two has been sub- mitted in the manner required for platting land 4nder the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin- ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat Approval Request for Ridgewood West Plat Two is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated September 15, 1982. B. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed and/or Regis- trar of Titles for their use as required by MSA 462.358, Subd. 3. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. ADOPTED by the City Council on September 21, 1982. Wolfgang H. Penzel, Mayor ATTEST: SEAL 51in D. rTanrci7,--tiTrii CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and City Council Members THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: David Olson, Engineering Technician • DATE: September 14, 1982 SUBJECT: RIDGEWOOD WEST PLAT TWO PROPOSAL: _ The developer, Centex Homes Midwest, Inc., is requesting City Council approval of the final plat of Ridgewood West Plat Two, a medium density single family residential plat. This is a replat of Block 7, Ridgewood West located in the North u of Section 22. HISTORY: Zoning to RI-13.5 was finally read and approved by the City Council on December 5, 1978, per Ordinance No. 78-43. The final plat of Ridgewood West was approved by the City Council on March 20, 1973, per Resolution No. 79-58. Approval of the Ridgewood West Two Planned Unit Development and amending the Guide Plan was approved by the City Council on July 6, 1982, per Resolution #82-165. The preliminary plat was approved by the Council on July 6, 1982, per Resolution No. 82-166. The Developer's Agreement for Ridgewood West Plat Two referred to within this report is scheduled for execution on September 21, 1982. VARIANCES: • Variances to be allowed are described within the Developer's Agreement. All other variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: Municipal utilitics and streets will be installed throughout the development in conformance with City standards. All outlets shown on this plat will contain access drives to the cluster units. The outlots and the driveways will be owned and main- tained by the Homeowner Association. The ownership and maintenance responsibilities for walkways to be installed are explained in the Developer's Agreement. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. 7 90 Page 2, Final plat Ridgewood West Plat Two BONDING: The requirements for bonding are covered in the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Ridgewood West Plat Two subject to the requirements of this report, the Developer's Agreement, and the followinc: 1. Receipt of fee for City Engineering Services in the amount of $1230.00. 2. Execution of the Developer's Agreement. 3. Vacation of underlying drainage and utility easements by the City Council. 4. Satisfaction of Bonding Requirements. 5. Receipt of cash deposit for street lighting in the amount of $1938.12. DLO:sg CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST September 21, 1982. CONTRACTOR (MULTI-FAMILY & COMM.) .CIGARETTES Bar-Ett Construction Co. Terrific Lunch Co. #2 Hobco Construction, Inc. Valley Dairy Preneer Systems, Inc. TYPE FOOD C FOOD LICENSE CONTRACTOR (1 & 2 FAMILY) Valley Dairy Forsman Construction Lundgren Bros. Construction SOLICITOR Luse & Son, Inc. Prime Properties, Inc. Arnold Klar - Firewood PLUMBING ' O'Brien & Sons Plumbing GAS FITTER Heating & Air Conditioning HEATING & VENTILATING Mac Heating & Air Conditioning 3.2 BEER ON SALE Terrific Lunch Co. #2 3:2 BEER OFF SALE Valley Dairy These licenses have been aoproved by the department heads responsible for the licensed,activity. •' Pat Solie, Licensing CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-222 A RESOLUTION OF THE CITY OF EDEN PRAIRIE AUTHORIZING FILING OF APPLICATIO N A N D EXECUTION OF GRANT PROJECT AGREEMENTS TO DEVELOP STARING LAKE PARK UNDER THE PROVISION OF THE STAIE NATURAL RESOURCE FUND. WHEREAS, the State Natural Resources Fund provides for the making of grants to assist local public bodies in the acquisition and development of outdoor recreation projects, and WHEREAS, the City of Eden Prairie desires to develop certain land known as Stafing Lake Park, which land is to be held and used for permanent open space, an d WHEREAS, in order for the proposed project to be eligible for approval, there must be proof that it is part of a comprehensive outdoor recreation plan and 5-year capital improvement, and WHEREAS, the City of Eden Prairie has a 5-year capital improvement program which includes Staring Lake Park, and WHEREAS, it is estimated that the cost of developing said interest(s) shall be $15,000, and WHEREAS, upon project approval the City of Eden Prairie must enter into formal grant project ap.coments with the state for the specific purpose of developing Staring Lake Park. NOW, 11IEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EDEN PRAIRIE: I. That an application be made to the State of Minnesota, Department of Energy, Planning and Development, Office of Local Government for a grant from the Natural Resource Fund (Minnesota Laws, 1979, Chapter 333, Section 31, Sub- division 3, paragraphs (c) and (d) for an amount presently estimated to be $7,400 and the applicant will pay the balance of the cost from other funds available to it. 2. That the Director of Community Services is end directed to execute and file A) such application and B) the 5-year actioa program with the State of Minnesota, Department of Energy, Planning and Development, Office of Local Government, and to provide additional information and furnish such documents as may be required by said Department, and C) to act as the authorized correspondent of the applicant. 3. That the proposed development is in accordance with plans for the allocation of land for open space uses, and that should said grant be made, the applicant will develop and retain said land for use(s) designated in said application and approved by the Office of Local Government and the National Park Service (NPS). 4. That the United States of America and the State of Minnesota be, and they hereby are, as of full compliance by the applicant with the regulations of the Department of the Interior, effectuating Title VI of the Civil Rights Act of 1964. 2 -2- 5. That the City of Eden Prairie enter into an agreement with the State of Minnesota, Department of Energy, Planning and Development, Office of Local Government to provide such grants as arc specified in numbered paragraphs 1 and 2, above, for the year(s) 1982-1985. 6. That the Director of Community Services is authorized and directed to execute such agreement and any supplemental agreements thereof. ADOPTED, by the City Council ofEdenPrairie this 21 stday of September, 1982. Wolfgang 11. Penzel, Mayor ATTEST: John D. Franc, Clerk SEAL 1(;(-1 I September 21, 1982 MEMO TO: Mayor and City Council Members THROUGH: Carl Jullie, City Manager /. FROM: Eugene A. Dietz, Director of Public Workk i(i." DATE: September 15, 1982 RE: Corrective easement, Lot 7, Block 2 Edenvale Industrial Park The owners of the above captioned lot have been advised by t h e i , t i t l e c o m p a n y that the easements filed against this particular lot are un c l e a r . S p e c i f i c a l l y , it was found that the north arrow on the drawing was not po i n t i n g t o t r u e n o r t h and therefore language such as the southwesterly line now b e c o m e s t h e s o u t h e r l y line. We have reviewed the new description and find that t h e e a s e m e n t i s i n fact more clear than as recorded and does maintain the same l a n d c o v e r a g e a s originally required. recommend that a motion be approved which would allow the M a y o r a n d C i t y Manager to execute a corrective easement document. This ca n b e f i l e d i n p l a c e of the current document. EAD:sg RFR:flc Enclosure BY: 161E) 338.0755 LAW orriCEs LANG, PAULY & GREGERBON, LTD. 4108 IDS CENTER MINNEAPOLIS, MINNESOTA 55402 ROSZIIT I. LAMS RODER A. RALII-V DAVID H. ORerIERRON R. T1.100.4•.• 005(55, JR. RICMARO r. MARK ./..lamMOCIM ./13•LPI.1 A. NILAI. September 10, 1982 Mr. Gene Schurman City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Corrective Easement, Lot 7, Block 2, Edenvale Industrial Park Dear Mr. Schurman: Enclosed please find a corrective easement agreement relative to the above-referenced property. This easement was originally given as part of project 51-354. The corrective easement has been executed by the present owner and they are requesting that the City Council approve execution of the agreement. Please review the legal description of the corrective easement to determine that it is consistent with our understanding concerning this matter. If you find the legal description satisfactory, please ask Gene Dietz to place the matter on the council's agenda for approval so that the document may be executed by the Mayor and Manager. Upon execution and notarization of the document, please return same to me for forwarding to Mr. Morse, attorney for the present owner. Very truly yours, LANG, PAUL? & GREGERSON, LTD. cV /2 -gol gj KW, CORRECTIVE EASEMENT AGREEMENT THIS INDENTURE, made this day of 1982, by and between S AND S LAND COMPANY, a Minnesota general partnership having an office at c/o L. S. Sorem, 4018 West 65th Street, Edina, Minnesota 55435 (hereafter referred toes "Owner"), and CITY OF EDEN PRAIRIE, a municipal corporation (hereafter referred to as "City"); WITNESSETH: WHEREAS, on or about the 20th day of October, 1981, The Equitable Life Assurance Society of the United States, a New York corporation, and The Equitable Life Mortgage and Realty Investors, a Massachusetts voluntary association of the type commonly known as a Massachusetts Business Trust under a Declaration of Trust dated September 15, 1970, as amended (hereafter referred to collectively as the "Former Owners") executed and delivered to City a certain easement which was filed for record in the office of the Hennepin County Recorder on December 9, 1981, and recorded as Document No. 4689228 (hereafter referred to as the "Easement"); and WHEREAS, pursuant to the Easement, Former Owners granted certain rights to City over a part of certain real property situated in Hennepin County, Minnesota, legally described as: Lot 7, Block 2, Edenvale Industrial Park, according to the plat thereof on file or of record in the office of the County Recorder in and for Hennepin County, State of Minnesota (hereafter referred to as the "Property"); and WHEREAS, Owner is now the owner of fee title to the Property, by virtue of a Limited Warranty Deed from Former Owners to L. S. Sorem Associates, Inc., dated February 10, 1982, filed for record in the office of the Hennepin County Recorder on June 28, 1982, and recorded as Document No. 4724719, and Quit Claim Deed from said L. S. Sorem Associates, Inc., to Owner, dated June 23, 1982, filed for record in the office of the Hennepin County Recorder on June 28, 1982, and recorded as Document No. 4724720; and WHEREAS, Owner and City have determined that the legal description contained on Exhibit "A" to the Easement is incorrect, and desire to correct said legal description. fs.2 Hk) a NOW, THEREFORE, for good and valuable consideration mutually exchanged between the parties hereto, the receipt and sufficiency of which are hereby acknowledged by each of the parties, Owner and City hereby agree as follows. 1. The recitals set forth above are, hereby incorporated into this agreement and made a part hereof by reference. 2. City hereby releases, remises and quit claims unto Owner, and Owner's successort and assigns, all right, title and interest of City in and to the real property described in Exhibit "A" to the Easement. 3. In consideration of the release from City to Owner as set forth in paragraph 2 above, Owner hereby sells, transfers, grants and conveys to City an Easement and right in perpetuity to construct, operate and maintain a water well, associated buildings, utilties and right- of-way on, over, under and across that part of the Property which is described on Exhibit "1" attached hereto and made a part hereof by reference. 4. It is the intention of Owner and City that this Easement Agreement shall have the effect of substituting the legal description of the Easement as set forth on Exhibit "1" atta ,hea hr.reto in lieu of the legal description set forth on Exhibit "A" to the Easement, with the same effect as if Exhibit "A" to the Easement had been identical to Exhibit "1" attached hereto. In all other respects, the rights and obligations of City and Owner in and to the Property shall remain the same. IN WITNESS WHEREOF, Owner and City have caused this agreement to be duly executed by their duly authorized representatives whose signatures appear below, as of the day and year first above written. S and s Land comany ' By ',N. , A Partner By A Partner City of Eden Prairie By Its By Its -2- EXH1B1T"1" TO CORRECTIVE EASEMENT AGREEMENT Lot 7, Block 2, Edenvale Industrial Park according to the plat thereof on file or of record in the office of the County Recorder in and for Hennepin County, State of Minnesota. The location of said easement being described as follows: A permanent easement commencing at the south corner of said Lot 7, the actual point of beginning, thence North 54 degrees 27 minutes 24 seconds West along, the Southwesterly property line of said Lot 7 a distance of 140.00 feet, thence North 35 degrees 35 minutes 12 seconds East, a distance of 100.00 feet, thence South 54 degrees 27 minutes 24 seconds East, a distance of 140.00 feet to the Southeasterly property line of said Lot 7, thence South 35 degrees 35 minutes l2 seconds West along the Southeasterly property line of said Lot 7, a distance of 100.00 feet to the said actual point of beginning. Together with all that part of the Southwesterly 20.00 feet of said Lot 7, as measured at right angles to the Southwesterly property line of said Lot 7, lying Northwest of the Southeasterly 140.00 feet of said Lot 7, as measured at right angles to the Southeasterly property line of said Lot 7. Together with a permanent easement of 15.00 feet and a temporary easement of 50.00 feet, said permanent easement to be measured at right angles to the centerline of said permanent easement, and said temporary easement to be measured 20.00 feet north- easterly and 30.00 feet southwesterly and at right angles to the centerline of said permanent easement, and said permanent and temporary easements to be lengthened or shortened to terminate within the boundary of said Lot 7. The centerline of said easements described as follows: Commencing at the most easterly corner of said Lot 7, thence South 35 degrees 35 minutes 12 seconds West, a distance of 135.42 feet along the southeasterly property line of said Lot 7 to the point of actual beginning, thence North 32 degrees 37 minutes 37 seconds West, a distance 64.62 feet to a point of intersecting centerlines to be henceforth called point "A", thence North 32 degrees 37 minutes 37 seconds West, a distance of 354.95 feet to an intersection with the northwesterly property line of said Lot 7, of said intersection being a point 18.24 feet froth 'the most northerly corner of said Lot 7, and there terminating. Together with a permanent easement of 15.00 feet and a temporary easement of 50.00 feet. Said permanent easement measured at right angles to the centerline of said permanent easement and said temporary easement measured 30.00 feet northwesterly and 20.00 feet southeasterly and at right angles to said centerline, and said permanent and temporary easements to be shortened or lengthened to terminate at the permanent and temporary easement lines of the immediate above described easements. The centerline of said easements described as follows: Commencing at said Point "A", thence South 35 degrees 35 minutes 12 seconds West, a distance of 107.32 feet, parallel to and 60.00 feet Northwesterly of the Southeasterly boundary line of said Lot 7, to a point of intersection with the northeasterly line of the first above described easement, said point being 100.00 feet northeasterly of the southwesterly boundary of said Lot 7 and there terminating. The said temporary easements shall expire on December 31, 1982. -2- jj STATE OF MINNESOTA) ) SS COUNTY OF HENNEPIN) The foyegoing instrument was acknowledged bef re me th's vo day of 4?„4. v.gta_ b y a partner, dn behalf of S and S L d Comilana paL ership.: • Not -1PA1,ic. STATE OF MINNESOTA) ) SS COUNTY OF HENNEPIN) The f9regoing instrument was acknowledged befo me this _ipp: day of Agith,dr,iffa . by , a partner, n bbhalf of S and S Land Company 7171)artnership.-. ' • 41,1.1.4, 44•44.44.(401,•*---•• Notary tl..,1:911c STATE OF MINNESOTA) ) SS COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of by its and its , on behalf of the City of Eden Prairie. Notary Public This Instrument was Drafted by: MOSS, FLAHERTY, CLARKSON & FLETCHER (JLW) A Professional Association 1200 Pillsbury Center Minneapolis, MN 55402 sn_.1 Item No. Item 1 Equipment Rental (0-8 Dozer) Estimated Unit Ouantity Hr s. 37.0 Unit Price Amount $ 4,625.00 S 125.00 CONTRACT AMENDMENT NO. 2 TO CONSTRUCTION CONTRACT FOR I.C. #52-025 CITY WEST PARKWAY CITY OF EDEN PRAIRIE, MINNESOTA September, 1982 Bonnett-RIngroso-Wolsield-Jarvls-Gardnur, Inc. 2829 University Avenuo Southeast Minneapolis, Minnesota 55414 The City has agreed to add the following work to the contract for this project. ADDITIONS 2 Equipment Rental Hrs. 25.0 5 90.00 $ 2,250.00 (TS-14 Scraper) 3 Equipment Rental Hrs. 2.0 $ 115.00 S 230.00 (5800 Linkbelt Backhoe) 4 Equipment Rental Hr s. 1.5 S 65.00 $ 97.50 (Dynapac Sheepsfoot Roller) 5 Lower Existing L .S. 1.0 $ 675.97 $ 695.97 Watormaln 6 21" R.C.P. Cl. 3 L.F. 10.0 $ 27.00 $ 270.00 7 Connect to Existing • 'Ea. 1.0 $ 250.00 $ 250.00 Storm Manhole 8 Const. Manhole Ea. 2.0 S 850.00 S 1,700.00 Design S-1 9 Const. Manhole Ea. 3.0 $2,100.00 $ 6,300.00 Design S5B Not 3 .1':2. ADDITIONS cont. Item No. Item 10 Remove 12" C.M.P. 11 Remove 18" C.M.P. 12 12" R.C.P. Cl. 3 13 18" R.C.P. Cl. 3 14 27" R.C.P. Cl. 3 Estimated Unit Ouantity L.F. 41.0 L.F. 42.0 L .F. 74.0 L .F. 494.0 L.F. 443.0 Unit Price $ 2.50 $ 3.00 19.00 $ 24.00 $ 32.00 Total Additions $ 979,893.09 $ 15,092.50 $ 44,064.97 $1,039,050.56 Original Contract Amount Total Previous Contract Amendments Contract Amendment No. 2 Contract Amount to Date Amount $ 102.50 $ 126.00 $ 1,406.00 $11,856.00 $14,176.00 $44,064.97 Description and location of Work Itie above itemized work is located on City west Parkway and the adjoining pro- perty bounded by County Road 61 (Shady Oak Road) and Trunk Highway 169. Necessity for Amendments Items In order to continue progress on this contract, the contractor had to 1,2,3 excavate certain areas previously intended to be done by Anderson Development, Inc. Existing ground In these areas was considerably higher than existing ground shown on contract plans. Item 1 - D-8 dozer spent 8 hours excavating hill between Pond "C" and storm manhole 3 to existing ground shown on plan before the contractor could begin storm sewer work. The D-8 dozer also worked 29 hours excavating the intersection of City West Parkway and "A" Street so the contractor could lay sanitary sewer and watermain. Item 2 - The TS 14 scraper worked 25 hours excavating "A" Street inter- section to existing ground shown on plans. item 3 - The backhon spent 1 hour excavating steep embankment adjacent to City West Parkway near sanitary manhole 11 in order to install sani- tary and water services. The backhoe also worked 1 hour cleaning out rain water and mud that had accumulated near the existing storm outlets from County Road 61 prior to the contractor installing new pipe to storm manholes 7 and 9. Drainage had boon blocked by fill placed by Anderson Development, Inc. P2 of 3 DATE: Item 4 The contractor agreed to compact fill placed by Anderson Development, Inc. prior to laying storm pipe between manholes Band 9 because A.0.1. did not have any compacting equipment on the site. Item 5 Sanitary sower running oast from existing manhole at City West Parkway Station 5+55 conflicted with existing water service. In order to comply with Department of Health requirements, the watermain had to be lowered. Item 6 Anderson Development, Inc. requested a 21" R.C.P. stub from storm manhole 3 for their future connection. Items Anderson Development, Inc. requested that a storm system to drain 7-14 existing outlets from County Road 61 to Pond "C" be installed. Existing overland drainage had been blocked by fill placed by A.D.I. Hennepin County has approved this new storm system. Item 9 - Two of the manholes, 7 and 9 are included In the additional system to collect water from County Road 61. One of the manholes, 3, had to be increased from 48" diameter to 72" diameter. CONTRACTOR: Barbarossa and Sons, Inc. ENGINEER: Bennett-Ringrose-Woisfeld-Jarvis-Gardner, Inc. DATE: CITY OF EDEN PRAIRIE CITY ENGINEER: DATE: P3 of 3 P-Pz- ‘/0(1 September 21, 1982 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R82-230 RESOLUTION APPROVING 1982 SPECIAL ASSESSMENTS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has net and heard and passed upon all objections in the proposed assessments for the following improvements, to wit: (See Exhibit A attached) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A. No interest shall be charged if the entire assessment is paid on or before November 15, 1982. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in1983. 4. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. 5. The assessment data of Resolution No. R82-220 is herein revised in accordance with Exhibit A attached hereto. ADOPTED BY THE Eden Prairie City Council on September 21, 1982. Wolfgang H. Penzel, Mayor ATTEST: SEAL 'AV D. rFaTIT: rce-ri CITY OF EDEN PRAIRIE RESOLUTION NO. 82-230 EXHIBIT A 1. I.C. 51-308 A & C, 51-340A & 51-398 Street Improvements on 3 phases of the Schooner Boulevard/Valley View Road Major Center Area Road System* Street Assessments 1170-(50—.707-a-n---a-cTe- $ 50.00/front foot *Laterals to be assessed in 1983 2. I.C. 51-331 Sanitary Sewer, Watermain and Street Improvements on Franlo Road from Preserve Boulevard to 900 feet west of Preserve Boulevard. Project Cost n/a Net Assessment $2,524,370.00 17 years at 13% Project Cost $216,052.53 Net Assessment $216,052.53 (1) ½ of project cost assessable to the Preserve parcel. (2) ½ of project cost assessable to Grobe & Darkenwald. (3) Grobe & Darkenwald ½ divided by 32.5 lot units. 17 years at 13% (100% petition) 3. I.C. 51-375 Storm sewer and street improvements in the Creekview Estates Plat.* $4313.44/lot *Laterals assessed in 1982 4. I.C. 51-381 Sanitary sewer, watermain, storm sewer and street improvements for Sunnybrook Road between Homevard Hills Road and Olympic Hills 6th Addition Trunks 275-30.00/acre Project cost $116,462.75 Net assessment $116,462.75 (cost from feasibility report) $118,963.00 5 years at 13% (100% petition) Project cost $176,928.15 Homestead Credit $4,000.00 Net Assessment $172,928.15 (cost from feasibility report) $164,886.00 Laterals /27f:047Per water service $317.57/per sewer service $71,603.80/01ympic Hills 6th Addition Storm Sewer and Streets $-41:247front foot 17 years at 13% 5. I.C. 51-409 Drainage and sanitary sewer improvements Project cost $43,086.15 in Valley Place Office Park Net Assessment $80,090.81* (cost from feasibility report) . $41,000.00 *Sanitary sewer and storm sewer credit per feasibility report of $37,004.66 included. (Credit to Norseman Industrial Park property.) Trunks 3.2530/acre Laterals I6694727/acre Sanita.ry Sewer Credit* 31206.57/acre Storm Sewer Credit* 14027.47/acre 6. I.C. 52-001 Watermain, sanitary sewer, storm sewer and street improvements on Bennett Place between Pioneer Trail and Blossom Road. Trunks S2-5-30/acre Laterals/Street 1149.8r/front foot 7. I.C. 52-004 5TOr-rii -i-eWeF improvements in the area bounded by Shady Oak Road, West 69th • Street, Washington Avenue and Valley View Road. Storm sewer .1254-5787/-a-Cre 17 years at 13% Project cost $169,915.59 Homestead credit $ 1,000.00 Net Assessment $168,915.59 (cost from feasibility report) $155,337.00 17 years at 13% Project cost $45,316.44 Net assessment $45,316.44 (cost from feasibility report) $33,540.00 17 years at 13% 8. I.C. 52-007 Storm sewer improvements north of Martin Drive between Commerce Way and Corporate Way. Storm sewer T376.94/acre 9. I.C. 52-013 Sanitary sewer, watermain, storm sewer , and street improvements on Kilmer Avenue and Atherton Way. Trunks 5.2530/acre or $520/homestead lot Laterals 574-7:F7/lot unit 10. I.C. 52-016A Sanitary sewer, watermain, storm sewer and street improvements in the Autumn Woods Plat. Sanitary sewer 1. 5941.73/acre 2. $19.82/front foot Watermain 17-5-260.80/acre 2. $18.37/front foot Streets/storm sewer 17 -M3.39/acre 2. $40.44/front foot 11. I.C. 52-017 Sanitary Sewer, watermain, storm sewer and street improvements on the south end of Mariann Drive. _ Trunks 52-C30/acre or $520/homestead lot Project cost $50,275.88 Net Assessment $50,275.88 (cost from feasbility report) $43,705.00 17 years at 13% Project cost $118,457.57 Homestead credit$ 11,000.00 Net Assessment $107,457.57 (cost from feasibility report) $125,968.00 17 years at 13% Project cost $155,573.95 City share $ 939.46 Net Assessment $154,634.49 (cost from feasibility report) $154,936.00 17 years at 13% Project cost $40,074.40 City share $ 6,409.00 Homestead Credit$ 4,000.00 Net Assessment $31,745.40 (cost from feasibility report) $45,258.00 Laterals T641-673T/1ot unit 17 years at 13% 17Qt 12. I.C. 52-025 Utilities and bridge improvements in Project cost $874,093.79 the City West Development. Net Assessment $874,093.79 (no feasibility report) Utilities and bridge T10,187.57/acre 17 years at 13% *Street and storm sewer to be assessed in 1983. 13. I.C. 52 :031 Drainage and street improvements on West 76th Street west of Washington Avenue. Project cost $50,810.06 Net Assessment $50,810.06 (cost from feasibility report) $45,260.00 17 years at 13% Streets T6-9.22/front foot 14. SUPPLEMENTALS Trunk Sewer and Water 1-116-22-22-0007 1-116-22-22-0008 7-116-22-44-0001 8-116-22-23-0004 8-116-22-23-u0U5 8-116-22-32-0005 Heritage Park 8-116-22-32-0011 Heritage Park 8-116-22-33-0007 Heritage Park 8-116-22-33-0008 Heritage Park 8-116-22-33-0014 Heritage Park 8-116-22-33-0015 Heritage Park 8-116-22-33-0016 Heritage Park 8-116-22-33-0017 Heritage Park 8-116-22-33-0018 Heritage Park 8-116-22-33-0019 Heritage Park 8-116-22-33-0020 Heritage Park 8-116-22-33-0021 Heritage Park 10-116-22-21-0014 Forest Knolls 10-116-22-21-0015 Forest Knolls 10-116-2241-0016 Forest Knolls 10-116-22-21-0017 11-116-22-23-0012 12-116-22-14-0002 12-11642-21-0001 14-116-22-12-0003 14-116-22-24-0003 $2,583.00 $2,583.00 $5,060.00 $ 520.00 $67,464.00 1st $ 5?0.00 1st $ 520.00 1st $ 520.00 1st $ 520.00 1st $ 520.00 1st $1,170.00 1st $ 520.00 1st $ 520.00 1st $ 520.00 1st $ 520.00 1st $ 520.00 1st $ 520.00 $ 520.00 $ 520.00 $ 520.00 17 years at 13% II 11 II 11 11 I. II 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 II 0 II II 11 Forest Knblls $ 520.00 Topview Acres - 2nd Add. $1,012.00 $7,539.40 $87,411.50 RLS 895 $ 300.00 $ 300.00 23-116-22-32-0004 $2,388.32 16 years at 12% (09 23-116-22-34-0004 RLS 751 23-116-72-34-0008 RLS 751 23-116-22-43-0001 23-116-22-43-0002 23-116-22-43-0003 RLS 1041 25-116-22-23-0005 E.P. Acres 25-116-22-32-0018 E.P. Acres 26-116-22-i1-0003 26-116-22-14-0002 E.P. Acres Lateral Sewer and Water $6,642.00 $ 520.00 $ 520.00 $ 520.00 $ 520.00 $2,226.40 $2,352.90 $ 674.70 $ 520.00 17 years at 13% II II IS 11 H II IS SI 11 11 1-116-22-34-0006 3-116-22-13-0001 8-116-22-32-0011 11-116-22-23-0012 14-116-22-12-0003 14-116-22-24-0003 23-116-22-32-0004 25-116-22-21-0001 McKinley 1st Additio'n $5,835.00 $4,820.00 Heritage Parks 1st Add. $6,266.60 Topview Acres 2nd Add. $2,410.00 RLS 895 $5,516.53 $2,501.30 $2,132.00 $2,449.95 17 years at 13% II II 11 II I II II I II II 11 11 11 17 years at 8% 17 years at 8% 16 years at 12% 14 years at 8% Project I.C. 51-260 Street Improvements for Ring Road Projects 11-116-22-34-0001 12-116-22-31-0006 12-116-22-31-0007 12-116-22-31-0008 12-116-72-33-0004 12-116-22-34-0004 14-116-22-11-0003 Leona Addition 14-116-22-11-0004 Leona Addition 14-116-22-11-0005 Leona Addition 14-116-22-11-0008 Leona Addition 14-116-22-11-0009 Leona Addition 14-116-22-11-0015 Leona 2nd Addition 14-116-22-11-0021 Leona 2nd Addition 14-116-72-11-0022 Leona 2nd Addition 14-116-22-14-0006 Flying Cloud Center 14-116-22-24-0001 14-116-22-24-0002 14-116-22-33-0001 14-116-22-33-0011 14-116-22-34-0003 RLS 168 14-116-22-34-0012 RLS 913 . s . Tree Removal 7-116-22-12-0050 Hidden Ponds 1st 7-116-22-31-0004 Rymarland Camp 2nd $ 181.60 17 years at 6.6% $ 284.20 II II II 11 $ 284.20 II 11 II 11 $ 284.20 11 11 II 55 $1.100.05 SI 11 11 $ 242.55 11 11 IS U $ 124.95 II 11 1/ $ 124.95 11 IS 11 $ 124.95 II II 11 $ 139.65 11 11 11 $ 176.40 11 $ 151.90 II $ 122.50 11 $ 147.00 11 11 $ 328.30 11 11 $ 188.65 11 11 IS 11 $ 142.10 11 11 U $ 61.25 11 11 II $ 129.85 11 II II IS $ 183.75 II 11 U 11 $ 225.40 II II II $ 350.00 1 year at 13% $ 345.00 II H II II i X A1I 1 1. -- As .rc,o- CITY OF EDEN PRAIRIE EDEN PRAIRIE, MINNESOTA The City of Eden Prairie will hold an ASSESSMENT HEARING ON September 21, 1982 at 7:30 P.M. at the Eden Prairie City Hall, 8950 Eden Prairie Road, Eden Prairie, Minnesota, to consider the proposed assessment roll for the Improve- ment Project and the area to be assessed which is described as follows: PROJECT I.C. 51-331: Sanitary Sower, Watermain and Street Improvements on Frani° Road from Preserve Boulevard to 900 feet west of Preserve Boulevard. The area to be assessed shall be those properties abutting said improvement. The amount proposed to be assessed against PID $ XV.%.1A . If the proposed assessment roll is accepted following the hearing, the amount listed may be paid in full, interest free, until November 15 1982 If the assessment is not paid, it will be levied on the real estate taxes in installments for 5 years, and 13% interest will be charged per annum on the unpaid balance. THIS IS THE ONLY NOTICE YOU WILL RECEIVE FOR THIS ASSESSMENT. YOU WILL NW BE BULB. The proposed assessment roll is now on file in the office of the Deputy City Clerk and is open to inspection by all persons interested. All persons who wish to be heard with reference to the assessment roll should be present at the hearing to present either their written or oral objections. The written or oral objections will be considered by the Council prior to the adoption of the assessment roll. CAUTION: No appeal may be taken as to the amount of any assessment adopted unless a written objection, signed by the affected property owner, is filed with the City Clerk prior to the assessment hearing or presented to the presid- ing officer at the hearing. Within 20 Days after the adoption of the assess- ment, any owner may appeal an assessment to the District Court pursuant to Minnesota Statutes, Section 429.081, by serving notice of the appeal upon the Mayor or City Clerk and b).filing such notice with the District Court within 10 Days after said service. For your further information, please note the following: Section 435.193 through 435.195 of Minnesota Statutes provides that a city may, at its dis- cretion, defer any payment of special assessments for homestead property of persons 65 years of age or. older for whom it would be a hardship to make the payment. Applications therefore may be obtained from the City of Eden Prairie by contacting the undersigned. Kathy Hermann Deputy City Clerk ail Parks, Recreation & Natural Unapproved Resources Commission - Minutes August 30, 1982 MEMBERS ABSENT: Friederichs, Schwartz 1. Development Proposal - Northwestern National Bank South Walter Klus of Northwestern National Bank was present to give a presentation of the proposal. He reviewed drawings of the site plan, utility plan, etc. He added that the bank hopes to be under construction as soon as approval is granted. The developer is proposing a temporary road if the Prairie Drive improvement does not occur before June of 1983. Anderson asked if there is a landscape plan showing the parking lot, etc. Klus said they plan to present a landscape plan before building permit issuance but at present there is no plan. He noted that this building will be similar to several others in the Metro area and in all cases they have used extensive planting. MOTION: Kingrey moved to recommend approval of Northwestern Trifilal Bank South per Staff report of August 26, 1982. Gonyea seconded the motion and it carried unanimously. 1712 approved Planning Commission Minutes -2- August 23, 1982 MEMBERS ABSENT: Retterath, Sutliff, & Torjesen B.NURIHWESIERN_NATIONAL BANKSOUTH, by Banco Properties, Inc -keque-Eiro-rrezo-ne 2.5 acres from Rural to C-Reg-Ser dnd preliminary plat the 2.5 acres for construction of North- western National Banksouth. Located in the northwest corner of TH 5 and future Prairie Center Drive. A public hearing. The Planner introduced Mr. Wally Klus of Ilan° Properties, Inc. Klus introduced Doug Watschke of Ackerberg & Associates and Bill Stein of North- western Banksouth. He stated that 60 parking spaces are provided and the setbacks exceed Ordinance requirements. 100 on the east side of the site will be left out of development because the Highway Department had asked for it for highway purposes. Banco does not own that portion of the site. They hope, though, that if the highway dues not use the 100' that someday they can purchase the property. The legal description provided covers the total site with the exception of the 100. The beginning construction date has not been set. He showed the realign- ment of Plaza Drive and Prairie Center Drive and a schematic design and elevations. The Planner reviewed the staff report dated 8/18/82. He stated that the property is located east of the Minnesota Tree building. The grades between this site and Fdenvale 9th Adaition do not match at this time, but will at time of develop- ment. Marhula stated he felt that the land use is appropriate for this site, but had concerns at looking at only 2.5 acres of a 70 acre parcel. Beaman asked if a landscaping plan is proposed. Klus replied that there is not one at this time, but there will be a plan at time of final plan approval. Bearman stated he would like to have continuity with the surrounding land use landscaping. Bearman asked that 'final landscaping plans be submitted prior to final plat apprbval' be added to the staff report as #7. Marhula asked the distance of the excavation from the property line. Wally Carpenter replied 100-125' east of the property line. Carpenter also stated that the title of the property is held in an abstract. Marhula felt that a tremendous amount of fill is shown on the plans to fill the site. Carpenter stated that they would like the City to acquire the 100' on the eastern portion of the site and reimburse them through the Schrieber Bill. MOTION 1 -6-artner moved to close the public hearing. Hallett seconded, motion carried 4-0. MOTION 2 tarfnTer moved to recommend to the City Council approval of the rezoning from Rural to C-Reg-Ser as per the plans dated July 1, 1982 and the August 18, 3982 staff report with the addition of /17: Owner shall submit a detailed landscaping plan prior to final plat approval. Hallett seconded, motion' carried 4-0. approved Planning Commission Minutes -3- August 23, 1982 MOTION 3 Gartner moved to recommend to the City Council approval o f t h e p r e l i m i n a r y p l a t dated July 1, 1982 as per the August 18, 1982 staff repo r t w i t h t h e a d d i t i o n o f #7: Owner shall submit a detailed landscaping plan prior t o f i n a l p l a t a p p r o v a l . Hallett seconded, motion carried 4-0. • COMMUNITY SERVICES DEPARTMENT DEVELOPMENT PROPOSAL CHECK LIST (ATTACHED TO PLANNING STAFF REPORT) "ATE: Aunust 26, 1982 .AOJECT: Northwestern National Ranks South PARKS, RECREATION AND NATURAL RESOURCES CONCERNS: 1. Adjacent to any existing or proposed parks: a. Affect on the park:_ No 2. Cash park fee or land dedication: Cash park fee is applicable at the time of Buildinn Permit issuance. a. If cash park fee, amount based on existing ordinance will total: 33,500 b. If park dedication, the number of acres to be dedicated: — c. Existing or pending assessments or taxes on the proposed park proper t y w i l l b e paid prior to dedication: 3. Adjacent to existing or proposed trails: There is an 8' asphalt bike/pedestrian trail proposed along Prairie Center Drive. a. Party responsible for trail construction: City b. Landownershi'p of trail location: (dedicated, purchased, ROW) ROW 4. Grading plan comments: See Planninp Staff Report pane 2-SITE PLAN 5. Significant vegetation on the site: The area depicted as wooded on the site plan . contains mostly immature elm, ash, boxelder and a few basswood. T h e r e i s a scattering of mature elm and ash on the site. All of this vegetati o n w i l l be removed with this development. 6. Adjacent to protected waters: N/A REFERENCE CHECK 1. MCA - depicts a portion of this —712 -czrrdinr. 2. Neighborhood Facilities Study 3. Purgatory Creek Study N/A 4. Shorel and Management Ordinance 5. Floodplain Ordinance N/A 6. Guide Plan - depicts this area as regional connercial 7. Other • •• site as regional commercial & a portion as part of the N/A N/A :2- RECOMENDATIONS I. Adjacent neighborhood type, and any neighborhood opinion v o i c e d i n f a v o r o r o p p o s e d to the project: The neigborhood type of this area is border e d o n t w o s i d e s b y major roaft..ays ,Jliahway_S_amd Pra4r_44Ltepter Drive with re . g i o n a l c o m m e r c i a l depicted for surrounding land uses. 2. Planning Commission Recommendation: At the August 23, 198 2 m e e t i n g , t h e P l a n n i n g Commission recommended apornval as ner pie plans ddest_saly_ 1. 198? and the August 18, 1982 Planning Staff Report with the addition of nu m b e r 7 " O w n e r • %hall submit_prior_to_final plat approvaldetail nf the landcrapn plan" 3. Community Services Staff Recommendation: Community Services staff recommends approval as per the Planning Staff Report dated August 18, 1 9 8 2 . STAFF REPORT TO: FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT: FEE OWNER: REQUEST: Planning Commission Jean Johnson, Assistant Planner Chris Enger, Director of Planning August 18, 1982 NORTHWESTERN NATIONAL BANKSOUTH TH 5 and Prairie Center Drive Banco Properties, Inc. Carpenter 1. Rezoning from Rural to C-Reg-Ser. 2. Preliminary plat review. 3. Grading permit. BACKGROUND This 2.5 acre parcelof property is a part of the 66 acre Minnesota T r e e property operated by Mr. Carpenter for 12 years. The Guide Plan depicts this area as regional commercial. The site i s within the Major Center Area and includes part of the proposed 212 C o r r i d o r . EXISTING SITE CHARACTER The Minnesota Tree operation includes landscaping , and design and retail plant sales business. The 2.5 acre site is not t h e location of an active use of the business, i.e., existing building or p l a n t - storage. The soils are combination of sand and loam. More than adequate granu l a r material exists on-site to prepare the site for development. Excess s o i l is proposed to be moved to the eastern portion of the Minnesota Tree s i t e in preparation for other developments. A permit for this excavation a n d filling has been submitted to the Watershed, City, and Department of N a t u r a l Resources. A permit from the DNR is required because the wetland are a o n the cost side of the Minnesota Tree property is proposed to be reshap e d . Over the portion of Minnesota Tree's property located south of future Valley View Road and cast of Prairie Center Drive, 4-12 feet of fill i s proposed. The existing buildings, large oak, maple, and elm trees will not be c h a n g e d with these requests but as other requests are approved, the Minnesot a T r e e operation will be relocated. Prairie Center Drive will be located ap p r o x - imately 20 feet west of the existing house/office. I? % Staff Report-Northwestern National Banksouth page 2 ORDINANCE REQUIREMENTS C-1.111Ser: Min lot size 10,000 sq. ft. Min width/depth 80/100' Setbacks: front 35' sides 20' rear 10' 1 story max FAR 20% Max height 40' Parking 8 spaces/1000 OVA 48 spaces Proposed Banco: 108,900 sq. ft. 255 -11500+' 35' 100' ' 50' 5% 18' 10 spaces/1000 GFA 60 spaces Requirements of the Zoning and Parking Ordinances are met. SITE PLAN The bank -building will be situated 300 feet north of existing Plaza Drive and west of future Prairie Center Drive (Schooner Boulevard) see fig. 1. The area around the bank site will be affected by various construction projects, i.e., relocated Plaza Drive, Prairie Center Drive, Valley View Road, and v)ssibly US 212, all of which will lower the hill and remove the 15-20 high elm, cherry, linden, and box elder trees which now exist. The grading upon the 2.5 acre site depicts cuts of 10-46 feet. The final grades will produce a site which will rise 4-5 feet above the Prairie Center Drive elevation. To the west of the site isa high hill which is planned to also be reshaped to match with grades with the Edenvale 9th Addition. As depicted on the grading plan, the grading of the Bank site will include grading onto 70 feet of the Edenvale 9th site. Cuts of 4 feet are shown into the Edenvale 9th site. Slopes in excess of 3:1 will require immediate restoration. All restoration . should be as required by the Watershed District. Drainage will flow to the east and be picked up by catch basins and carried into the Prairie Center Drive storm water system. . Parking lot islands have been designed within the large parking area north of the proposed building. These islands will be useful in landscaping to break-up the large expense of asphalt covering the 200+1 1ong parking lot. A detailed landscaping plan will be required prior to a building permit. BLINDING DESIGN lhe proponent should meet with the building inspector regarding materials to be utilized in the building construction. The preliminary plat only illustrates the 2.5 acre bank site. To the east of this site is Prairie Center Drive. A permanent easement has been given to the City by Carpenter for road construction which is underway. In conjunc- tion with this plat, staff suggests the road right-of-way to centerline be incorporated. Staff Report-Northwestern National Banksouth page 3 TRANSPORTATION . A farToot wide strip is designated on the site plan for future 212's alignment. This area will not be zoned at this time. Any expansion of the building in this area must return for City review and approval. The bank site ha S 2 access drives eastward to Prairie Center Drive (under construction). Until Prairie Center Drive is completed and open to vehicular traffic, a temporary drive south to existing Plaza Drive will serve as access. This temporary design should be reviewed and approved by the Engineering Department (figure 2). Msign standards for intersections with Prairie Center Drive are: 600 feet between full intersections and 300 feet between right-ins/right-outs. The right-in/right-out is only 150 feet from the full intersection. It is possible that moving the right in/right out to 300 feet would create a weave problem because of the proximity to the Menard's Plaza Drive. At the north side of the site A joint drive is depicted. This drive will be the full access point for the bank and future use to the north. A cross easement and maintenance agreement should be prepared between owners of the two parcels. CASH PARK FEE Cash park fee payment will be required at time of building permit issuance. RECOMMENDATIONS Planning Staff recommends approval of the rezoning and preliminary platting contingent upon the following: 1. All grading and utility plans be approved by the City Engineering Department. 2. Grading and storm water and restOration plans be approved by the Watershed District. 3. Plat be redesigned to include road right-of-way to the centerline. 4. A cross easement and maintenance agreement be prepared to cover use and maintenance of the joint access. 5. Cash park fee payment be wade at time of building permit issuance. 6. That the 212 alignment area not be rezoned at this time and any building expansion desired in that location return to the City for review and approval. JJ:sh Nort Imes tern Rank South rir El 73), PLAZA DRIVE 0:40q.C10.4 tfail2 no1941 el• 1 )po UQd ktasanu • (1) \ 7+ 1 \ -1 'DIA Riley- Purgatory Creek Watershed Distrii.t 8950 COUNTY ROAD EDEN PRAIRIE, MINNESOTA 553 44 September 1, 1982 Mr. Douglas P. Watschke Ackerberg & Associates, Inc. 2622 West Lake Street MinnPapolis, Minnesota 55416 Re: Northwestern National Bank/South: Eden Prairie Dear Mr. Watschke: The Board of Managers of the Riley-Purgatory Creek Watershed District has reviewed the plans and grading and land alteration permit application submitted to the District for the Northwestern National Bank/south - Eden Prairie office to be located north of T.H. 5 and west of Schooner Boulevard in Eden Prairie. The Managers approve the grading and land alteration permi t subject to thc following conditions: 1. The District's approval is contingent upon full City of Eden Prairie approval. 2. The erosion control measures shown on the plans must be installed prior to commencement of grading operations and be maintained until all areas altered because of construction have been restored. 3. All areas altered because of construction and shown to be ultimately "green space" must be restored with sod or wood fiber blanket prior to suspension of construction for the 1982-83 winter months. The parking lot must be hard surfaced or, at a minimum, be restored with a gravel subbase prior to suspension of work for the 1982-83 winter months. All areas alteredmust ultimately be restored by June 1, 1983. 4. Prior to suspension of work for the 1982-83 winter months, a field inspection of the site with the District's engineering advisor must be undertaken to ensure that erosion control measures have been properly maintained and will be functional during the 1982-83 winter months and 1983 spring runoff period. Sincerely Mr. Douglas Watschk Page 2 September 1, 1982 5. The entryways onto the site, off of Schooner Boulevard, must remain high during construction to prevent material from leaving areas altered on the site. 6. The District must be notified a minimum of 48 hours prior to commencement of grading operations. If you have any questions regarding the District's comments, please call us at 920-0655. Rq%2.rt C.'Obermeyer J - BARR ENGINEERING CO. Engineers for the District Approved by the Board of Managers RILEY-PURGATORY CREEK WATERSHED DISTRICT S - . C President Date: l/Y RC0/111 c: Mr. Frederick Richards Mr. Frederick Rahr Mr. Chris Engerv' Mr. Gene Dietz HAND DELIVERED ACKERBEFIG AND ASSOCIATES INC Architects Planners Engineers 2622 West Lake Street Minneapolis MN 55416 (612)920.9020 August Twenty-Seventh 1 9 8 2 Mr. Robert Obermeyer Barr Engineering Company 6800 France Avenue South, Suite 339 Edina, Minnesota 55435 Re: Northwestern National Bank South Eden Prairie Office 82-34 Dear Mr. Obermeyer: In response to your telephone call on Thursday, August 26, 1982, I wish to confirm uur conversation and submit to you the additional documentation you require. I understand that you have talked with Mr. Chris Enger, Planning Director of the City of Eden Prairie, regarding this project. I also understand that this project will be placed on the agenda for the Riley-Purgatory Watershed District Board meeting commencing at 7:30 p.m. on Wednesday, September 1, 1982, at the Eden Prairie City Hall. It is also understood that the action taken by the Board will be subject to City Council approval. By taking this approach, it is possible that we could pick up one or two weeks of time over the normal approval process. Enclosed for your review is one copy of our Site Plan, Grading and Drainage Plan, Drawing Sheet No. PL-1, dated July 1, 1982. This drawing has been revised in accordance with our telephone conversation reflecting the follow- ing additional erosion control measures: 1. Catch basins will be ringed with hay bales. 2. A temporary snow fence and hay bale dike will be installed along the east property line. 3. The hillside will be covered with erosion control matting and seeded with State of Minnesota Class 5 highway mix. Also enclosed is a site location map as requested. Mr. Ken O'Brien of Adolphson and Peterson, General Contractor for the project, has advised us Mr. Robert Obermeyer August 27, 1982 Page 2 that approximately 90,000 cubic yards of earth will be removed from the site. This calculation was done prior to the City's contractor excavating for the new Prairie Center Drive. The last item you wished to be addressed as a proposed construction schedule. The anticipated schedule as reviewed with the contractor is contingent upon the weather this fall; however, the following site work schedule is anticipated: 1. Site preparation and rmoval of the hillside to establish the build- ing and parking lot plateau is expected to take approximately four (4) weeks. 2. We would hope to install site utilities this fall; however, this is also contingent upon the progress of the new street, Prairie CenterDrive, and the street utilities now under construction. 3. Following the above, rough site grading and foundation excavation would take place. 4. Erosion control measures as outlined on the attached plan would be installed immediately following Step 1 above. 5. Again, depending upon weather, Class 5 base material could be installed this fall; however, if the site material is granular, we would probably wait until spring to install the Class 5 material. 6. Final landscaping and parking lot paving would be completed by late spring. Thank you for your cooperation and assistance on this project. If you have any questions or comments, please call us. Sincerely, ACKERBERG AND ASSOCIATES, INC. Douglas P. Watschke DPW:cs Enclosures cc Merton Dresser Christopher Enger/ William Stein Kenneth O'Brien Walter Klus (Enclosures included with all carbon copies) BANCO PROPERTIES, INC. a 55460 August 24, 1982 TO THE MEMBERS OP: The City Council - City of Eden Prairie This letter is written to solicit your approval to issue certain construction permits early. Assuming our request to develop a new branch bank will be approved in the normal course of the time sequence we ask you to approve the following: 1. Issue excavating and grading and underground utility permits prior to the September 21st City Council meeting assuming approval is granted by Planning Commission and approval is granted by the Watershed District at their September 1st meeting. Plans for these permits have been submitted to the Planning Staff and the Watershed District. The final building permit would be issued when complete plans and specificatcn: :re ec;pli:d to the City EngIncer and Building Inspector and all other requirements are met. Thank you for your consideration. Very truly yours, Walter W. Klus Vice President WWK/vlp August Sixth 1 9 8 2 core/ ACKERBERG AND ASSOCIATES INC At, tects Pianners Engineers 2622 West Lake L eel. Minneapolis MN 55416 (612)920.9020 Mr. Robert Obermeyer Barr Engineering Company 6800 France Avenue South Suite 339 Edina, MN 55435 Re: Northwestern National Bank South Eden Prairie Office Dear Bob: 82-34 - Enclosed are one copy each of the Riley-Purgatory Creek Watershed District grading and earthmoving permit application, the grading and drainage plan drawing sheet No. PL-1 dated July 1, 1982, the utility plan drawing sheet No. PL-2 dated July 1, 1982, for the subject project. Our intent for this project is to obtain an early earthwork permit which would allow the Owner to prepare the site for this project during the ongoing City approval process. Due to the extensive amount of earthwork required to render this site buildable and with the upcoming fall and winter months, it is necessary to begin site preparation for this site at an early date in order to begin actual construction of the building before the winter months. We have discussed with you over the telephone at various times the possi- bility of obtaining an early earthwork permit for this project and will be in touch with you by telephone regarding any further information that you may require and time schedules necessary for coordination with the City approval process. If you have any questions, please do not hesitate to call us. Sincerely, ACKERBERG AND ASSOCIATES, 1q6. U.J3\\Kt3:6k CAA1--n Douglas P. W tschke DPW/mz cc: Merton Dresser William Stein William McPherson Kenneth O'Brien Christopher Enger . Engineering Co. P.A. 0800 France Ave. So. Suite 339 Edina, Minnesota 55435 RILEY-PURGATORY CREEK WATERSHED DISTRICT GRADING AND EARTHMOVING PERMIT Application for Permit, Permit, Notification of Completion and Certification of Completion Name of Applicant 5ANco flioPfTif5 NC. by 1,..4ALTea W KLus NJ.P Address _:Xicp sirck ,40 ANr. So. MINNe^P.LIS hAN tiS4o1 Nature of Work tiu,,Aof HiusIDE TO Pf Rfr117 cnN .STFUCTION of 00-ACHeID 5ANK FAXALITI. Location of Work 5f '4 c F c r i0 ,4 10 ,TUQ 4 ritio L,F 1T4 5 Apo W o F 6Lvo) Municipality r'OFW OrktaiWIEN1N. Projected Duration of Work up r. cA LE.Inp,R yeryz. Procedures to be Used to Control Erosion and Sedimentation asTufuxi, HiLL5soe WILL 15f. 51fDEP Au() telimo-/f- WI '11-n Slr.Po.NPALE biKES AND 5Nwt4 FENCE A5 IkroicATr D. If additional space is needed to provide the information requested above, attach the information to this application and in the space below briefly describe the attachments. ANAcwhnerJr5 ORAD(hic, Awr) ON/NI WA GG P.-A NJ . urit4r1 rf_Aki Permit application received by the Watershed District on day of 19 All work shall be completed by the day of nature of collateral required is , 19___. The amount and This permit application is hereby (denied/approved) by the Board of Managers of the Watershed District this day of , 19 , subject to the conditions contained in the attached Correspon -dence dated This permit is permissive only and does not release the permittee from any liability or obligation imposed by Minnesota Statutes, Federal Law, or local ordinances. Board—ErManagers Notice of: completion of work authorized; expiration of grading permit, is hereby given to the District on this day of , 19 . Permittee Certification of the satisfactory completion of work authorized is hereby made on this day of , 19 . Inspector Il —CITY OF EDEN PRAIRIE HENNEPIN COOTY, MINNESOTA RESOLUTION ND. 82-225 RESOLUTION APPROVING THE PRELIMINARY PLAT OF NORTHWESTERN NATIONAL BANKSOUTH BE IT RESOLVED-by the Eden Prairie City Council as follows: That the preliminary plat of Northwestern National Banksouth -dated Illy_1,12az , a copy of which is on file at the CityHall 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 ' rm MEMBERS ABSENT: Retterath, Sutliff, Torjesen Uanpproved Planning Commission Minutes -3- August 23, 1982 C. CHERNE CONTRACTJNG_CORPORATION, by Cherne Contracting Corp. Request to rezone 17.43 acres from Industrial to Office for an 88,075 sq. ft. corporate headquarters and approval of an Environmental Assessment Worksheet. Located south of W. 78th Street, (I-494) frontage road and between Gelco and Cabriole Center. A public meeting. The Planner introduced Mr. Steve Johnson, Vice President of Cherne, and Bill Cherne, and Tom Stahl, the architect. Johnson reviewed surrounding land uses. He stated the building will be centered on the lot and be a 5 story office building on a 100,000 sq. ft. site. The coloring will be cream, beige and white with bronze or grey colored glass. He reviewed the elevations and stated that it will be an 88,000 sq. ft. office. He stated that projections have been made that by Spring of 1984 there will be approximately 140-145 employees. They also expect the date of occupancy to be Spring of 1984. Expansion of parking is being provided with 59 additional cars for the main parking lot and an addition of 69 cars on the lower level. 273 spaces will be provided at time of occupancy, with an end result of 411 spaces. Berms will be placed along W. 78th Street and stated that they would like to screen the parking lots extensively. The entrance/exit on the east has been eliminated leaving the main entrance in the center of the site. There will also be a service drive on the west for the loading docks and the lower level parking. Retaining walls will be provided on the south side of the handball courts and on the north side of the raquetball courts. Drainage will be provided to the sediment ponds. Sizing of the sediment ponds and erosion control will be worked out with the watershed district. He stated that Cherne Contracting Corp. and the City agree that the southern portion of the site should be preserved for wildlife. However, they are in disagreement as to who should maintain the wildlife. He gave com- parisons as to the amount of land preserved for the wildlife for Gelco, Cabriole Center, and Hartford and also for setback requirements from the lake. Bearman stated that the southern portion of the site should be referred to the Parks, Recreation and Natural Resources Commission. The Planner stated that this piece of property is more impacted by the lake and wildlife than Cabriole Center. He stated that a study has been completed which then resulted in a line being placed around the lake to preserve the wildlife. He stated he felt that the Parks, Recreation, and Natural Resources Commission should make a recommendation regarding this. He stated that staff is recommending either a fence or landscaping be placed along this line. He stated that a variance is needed on the frontyard setback.which should be obtained by the Board of Appeals. Gartner asked if the red line is the back lot line. The Planner replied that it is the sanitary sewer line but the back lot line does fall in that area. He felt that the sedimentation ponds were well planned, and stated that at this line, the vegetation and soil type changes. / Unapproved Planning Commission Minutes -4- August 23, 1982 Gartner asked if the land on the other side of the line is being managed. The Planner replied no, that Hennepin County is developing a management plan for the area surrounding the lake. Hallett asked who will manage this section. The Planner replied the Hennepin County Park Preserve District, in an overal) plan. Gartner asked why place a fence there. The Planner replied it could be either a fence or a landscape barrier. He consented that a landscape barrier is much more expensive than a fence. Bearman asked if the plans before the Commission are the building plans. Johnson replied it is in concept form. Bearman asked the outside material to be used. Johnson replied pre-cast concrete. Bearman asked the height of the building in relation to the existing surrounding buildings. The Planner replied that Cabriole Center is higher, that Gelco is the same height. Bearman stated that he was not prepared to make a valid judgement regarding the southern portion of the site. He wants the Parks, Recreation and Natural Resources Comnission to review it. Marhula asked if an 88,000 sq. ft. office building is needed for an ultimate total of 265 employees which is approximately double the average size office for that number of employees. Johnson replied that this size of building is needed because of the total space needed per person. Bearman asked if the building is strictly for Cherne Contracting's use. Bill Cherne replied yes. Hallett stated that he would like to see correct management of the land. MOTION 1 Gartner moved to continue the public hearing to the September 13, 1982 meeting so that the Parks, Recreation and Natural Resources Commission can have adequate time to meet to discuss the outcome of the southern portion of the site. Marhula seconded for purposes of discussion. DISCUSSION Tearmin stated he felt that the land use question may not have to be held up. Marhula stated he felt that there was no way that the Planning Commission could make a recommendation on the southern portion of the site. He felt it should be up to the Parks, Recreation and Natural Resources Commission. Gartner withdrew her motion. Marhula stated that this is not a public hearing, but a public meeting. Unapproved Planning Commission Minutes -5- August 23, 1982 MOTION 1 PY065 moved to recommend to the City Council approval of the rezoning from Rural to Office as per the plans dated June 23, 1982 and the staff report dated August 19, 1982 adding that a variance for the frontyard setback must be obtained from the Board of Appeals. Hallett seconded. DISCUSSION FiaTiTuTa sfated that he felt it was important to stress that the Planning Commission is not making a pro or con judgement on the ultimate disposition of the southern portion of the site. The Planner stated that items 2, 3, and 8 of the staff report recommendations refer to a specific plan for the southern portion of the site and therefore, should be omitted. Marhula and Hallett agreed. Bearman felt that it should be stated that the southern portion is being referred to the Parks, Recreation and Natural Resources Commission for recommendations. Marhula and Hallett agreed. Motion carried 4-0. MOTION 2 Marhula moved to recommend to the City Council approval of the EAW finding of no significant impact. Hallett seconded. DISCUSSION MitilITa stated that she felt that the sewer and water generation is high for this size of a project. The Planner stated that that number is based upon the number of employees forcasted. Motion carried 4-0. COMMUNITY SERVICES DEPARTMENT ' DEVELOPMENT PROPOSAL CHECK LIST (ATTACHED TO PLANNING STAFF REPORT) rE: September 17, 1982 PROJECT: Cherne Contracting Corporation PARKS, RECREATION AND NATURAL RESOURCES CONCERNS: 1. Adjacent to any existing or proposed parks: This development is adjacent to Anderson Lakes Regional Park Reserve & approx. 9.32 acres of this site are within the proposed a. Affect on the park:WF5PPg(')sed detlication, the wildlife preservation area on the north & west side of Anderson Lakes will be complete. 2. 'Cash park fee or land dedication: Cash park fee & land dedication arc requested. 'a. If cash park fee, amount based on existing ordinance will total: $11,354 b. If park dedication, the number of acres to be dedicated:s„ a rt:1 01 m s h ee r c. Existing or pending assessments or taxes on the proposed park property will be paid prior to dedication: Yes 3. Adjacent to existing or proposed trails: A transportation trail is proposed along West 78th Street: - a. Party responsible for trail construction: City U. Landonershrp ()I—trail %cation: (dedicated, purchased, ROW) ROW 4. Grading plan cements: See Planning Staff Report dated August 19 page 2 under SITE CHARACTER, 5. Significant vegetation on the Site:There is a mixture of deciduous vegetation on th i s site; the most significant vegetation being some of the mature oak trees scattered along the hill facing Anderson Lakes. The majority of the significant vegetation w i l l be retained with this development proposal. • 6. Adjacent to protected waters:This site borders Anderson Lakes. All land below the ordinary high water mark is considered public and subject td —ONR regulations. REFERENCE CHECK 1. MCA - indicates the ideal use for the north half of the site is 'regional office & indicnre -c —ne .tthT1Tl'ot the she a iiesciiuti L. . 2. Neighborhood Facilities Study N/A 3, Purgatory Creek Studyik 4. Shoreland Management Ordinancem e Shoreland Manage ment Ordinance does apply. A varian Ii 1d for hldinr height will be requrTed. ;. Floodplain brdinance This proposal do e s meet the Floodplain Ordinance. 6. Guide Plan - dpcirnation is office on the north portion of the property & park on ,fl)e southern portion. 7. utnermsn cilock Stub' titled "The Rest of 114o Worlds" reearding_the development around Anderson Lakes suggests dedication of a buffer zone at approximately the 882 contour and following the sewer line. -2- OMMENDATIONS 1, Adjacent neighborhood type, and any neighborhood opinion voiced in favor or op p o s e d to the project: There is regional office develonment on ei t h e r s i d e o f t h i s s i t e - Gelco to the west, Bachman Anderson or the C a b r i o l e B u i l d i n g t o t h e e a s t . 2. Planning Commission Recommendation: The Planning Commission recommended approval as per the Planning Staff Report with th e e x c e p t i o n o f i t e m s 2 , 3 & 8 , w h i c h t h e the Planning Commission felt should be re c o m m e n d a t i o n s c o m i n g f r o m t h e P a r k s , .Recreation and Natural Resources Commissi o n . . 3. Community Services Staff Recommendation: See attached report. MEMORANDUM TO: FROM: DATE: SUBJECT: Parks, Recreation and Natural Resources Commission Bob Lambert, Director of Community Services September 17, 1982 Attachment to Cherne Development Proposal Checklist Community Service Staff Recommendation The major issue facing the Parks, Recreation and Natural Resources Commission in the consideration of the Cherne Contracting Corporation proposal is the amount of land to be dedicated as a wildlife refuge buffer between the lake and the office site. The Community Services staff feels that there are several facts that were not included in the Planning Staff Report that should be pointed out prior to the Commission decision. 1. Zonitla - The Planning Staff report indicates the existing zoning as industrial; however, the industrial zoning is only on the northern portion of the site. The southern portion of the site is presently zoned public. The request for rezoning is for rezoning of office over the entire 17.43 acres. Community Services staff recommends only rezoning over the northern 8.1 acres (above the Blacklock line). 2. Blacklock Line - Mr. Blacklock's study suggested following approximately the 852 contour line as a preservation line along the north shore of Anderson Lakes. Obviously, this line should be a general guideline, as the Blacklock line did vary around the north and west sides. In order to he fair to a request for dedication from Cherne Contracting Corporation, staff would suggest referring to the dedication required and given by Gcico Corporation and the amount requested and given by Bachman Anderson. Gelco had a total site of 59.46 acres and dedicated through a warranty deed 16.34 acres. This is 27.5% of their site. Bachman Anderson had a total site of 12.97 acres and dedicated 2.41 acres. This is a dedication of 18.6% of the site. There is some disagreement between the City staff calculations on acreage of the Cherne property and the acreage given by the developer. The developer refers to 17.43 acres; the staff has calculated 18.48 nerCs above the normal water line. However, there is only 15.88 acres above the normal ordinary high water line. All of the Community Services staff recommendations are based on the Community Sevices staff calculations:: therefore, rather than 9.32 acres referred to in the Planning Staff Report, the Community Services staff calculation is 8.2 acres between the Blacklock line and the normal ordinary high water line. This 8.2 acres is still 51% of 15.88 acres. With Gelco dedicating 27.5% and Baehr= Anderson dedicating 18.6%, it does seem unreasonable to request this developer to dedicate 51% of this property and pay the cash park fee. P.) -2- Cherne Contracting is in agreement with dedication of a natural area for waterfowl nesting habitat; however, they would like to be able to construct a walking path down to the wooded knoll situated on a peninsula on the southern portion of their site. Representatives of Clerne Contracting have proposed a line that indicates a dedication of approximately 25% of their site and generally follows the 840 contour. 3. City staff sugyested dedication Line - After reviewing this proposal, the City Community Services staff recommends Cherne Contracting dedicate approximately 4.6 acres above the normal ordinary high water line in a configuration that generally maintains approximately a 100" buffer from the normal water line; gives the developer access to the wooded knoll; and, preserves the cast half of the wooded knoll already dedicated by Gelco; as well as preserving the majority of the narrow southerly most portion of the peninsula. Staff is also suggesting the deVeloper contact the Hennepin County Park Reserve District staff and request a recommendation from the Park Reserve District's naturalist on the value of the property between the Blacklock line and the line suggested by the Community Services staff. If the Park Reserve District feels that it is absolutely necessary to maintain the integrity of the preservation area; City staff would suggest that the Park Reserve District purchase that property from the developer. However, if the Park Reserve District's staff feel that the line proposed by City staff will maintain an adequate natural buffer, staff would then suggest limiting the use of that remaining property by maintaining the public zoning. The Planning Staff Report also refers to the requirement of a wild- life barrier equal to a 6' high cyclone fence to be constructed along the complete boundary line on the developed and undeveloped portions of the property. Community Services staff concurs with this recommendation. A natural barrier or a fence is absolutely necessary to prevent human intrusion into the nesting area. It should be noted that although Golco and Bachman Anderson agreed to this sort of barrier, neither have completed a barrier to date and there are people walking down to the shoreline during lunch ••• hours. Because of this unfullfulled commitment, City staff would recommend that the Park Reserve District construct a typical regional park boundary fence along the existing boundary line, unless the barrier committed to is planted prior to June 1983. Conmnnlity Services staff will review the proposed wildlife barrier with the landscape plan to be submitted prior to building permit issuance. BL:md MEMO TO: Planning Commission FROM: Chris Enger, Director of Planning EE OWNER & APPLICANT: Cherne Contracting Corporation REQUEST: PROJECT LOCATION: .Rezoning of 17.43 Acres from 1-2 (Industrial) Park to Office District, for the purpose of constructing an 88,075 square foot corporate office building. Near County Road 18, South of 1-494 and West 78th Street, north of Anderson Lakes, west of Cabriole Center. DATE: August 19, 1982 GUIDE PLA: The land use designation is Office on the northern portion of the property and Park on the southern portion. The proposed, use is consistent with the Comprehensive Guide Plan. rXISTING ZONING: The property has been zoned industrial for over 10 years, which is not a compatible land use with those surrounding and is inconsistent with the Comprehensive Guide Plan. WILDLIFE STUDIES: The entire area around Anderson Lakes was studied, under commission by the City, by Les Blocklock, Naturalist. (Mr. Blacklock was the consultant naturalist responsible for much of Woodlake Nature Center's development.) In a report entitled "The Best of Two Worlds", ir. Diacklock detailed ,J uide ci proper developmeni. around the lake. The key elements of this plan can be summarized as follows: 1. The active part of the park would occur in the area bounded on the east by Co. Rd. 18, and on the west by Anderson Lakes. 2. The west and northern shores of the Lakes were identified as the prime • nesting areas for waterfowl and corridor areas around the lake. These areas were to be left untouched past a defined line. At this defined line there was to be a 6 foot high cyclone fence, to prevent casual observers, motorcyclists, dogs, etc., from disturbing the nesting areas. The wildlife corridors around the lake were to be completely protected and left uninterrupted. 3. Office buildings were thought to be an appropriate land use on the urban side of the wildlife barrier because of the expected lack of interaction with the lakeshore. Hundreds of acres have been purchased for Anderson Lakes Park based upon this basic use concept. The City, over the last 10 years has actively worked with The Preserve, Hartford, Gcico, and Cabriole Center (all of the major developments around the lake) and acquired lakcshorc and adherence to protection and non-use of the lakeshore. In fact, there is 1-mile of cyclone fence built on the west shore, in the woods adjacent to The Preserve residential area to protect the lakeshore. dhile it is commendable that a private company wishes to manage their lakeshore, it makes little sense for individual pieces to be managed separately. The southern portion of this property, like CahrieleCenter, Gelco, and Hartford, should be part of Anderson Lakes Park and professionally managed in its entirety. • Planning Commission - 2 - August 19, 1982 SHORELAND MANAGEMENT AND FLOODPLAIN ORDINANCES: The project as proposed confines active development to the north of the "Blacklock Line". 'he closest point of development to the Normal Ordinary High Water Mark of the Lake is J60'. Impervious surface coverage is 20% initially and possibly 26% ultimate. The project is in conformance with the Shoreland Management Ordinance with regard to impervious surface (30Z allowed) and setback (200), but will require a variance for height (77' proposed, 30 allowed). However the total height from lake elevation of this building will be lower than Cabriole Center, to the east, and Gelco, to the west. SITE CHARACTER: The northern half of the site has been raised 8 - 10' from natural grade with excess material from the Cabriole development. The parking lot would basically be constructed at or about the existing grade. There is no vegetation in this parking lot area, but new trees and shrubs will be planted in large median areas and on the periphery as screening. The parking areas to the east (59 spaces) will be graded at this time, but returned to grass. Grading of this area will notch partially into the toe of the large hill on the eastern property boundary. This grading will require an 8 - 12 foot retaining wall. The future lower level parking (69) on the west side of the building will also be graded and seeded initially. These areas could be constructed as parking in the future, if necessary. No major vegetation will be removed from the site. The steep Slope and wooded hill to the east will remain. The southern half of the site is a mixture of low marsh and hillock. This area is not )roposed for development, although the owner proposes a trail running south to the point. this area should be left completely alone, and, rather than encourage pedestrian traffic down into this area, a strong barrier should be constructed between the northern developed area and the wildlife area. Proposed sedimentation ponds would make up much of the barrier naturally, and the remainder could be dense planting or a fence. ORDINANCE REQUIREMENTS: The front yard setback is 35 feet in the Office District. There are several conflicts with this requirement ranging from 17' to 28'. Floor area ratio is allowed up to .50, the proposed office building is .25 (25%) of the developed area (8.11 acres). Approximately 413 parking spaces are required, 411 possible are planned. All parking shall be screened from public roads and differing land uses. A variance is necessary from the 30' allowed by ordinance to 77'. One sign, not to exceed 50 square feet in area and 8 feet in height is allowed. All signs to be no closer than 10 feet to a public right-of-way. LIGHTING: All parking lot lighting should be directed down and not exceed 20' in height. There should be no external lighting on the south side of the building. SITE PLAN: Sanitary sewer service is taken from the existing line running through the middle of the property from east to west. Water service is taken from a 12" main that runs along West 78th Street. A fire hydrant exists at the entrance to the property on the north side of West 78th Street. Additional fire hydrants within the property will be required by the Fire Marshall, as will some type of vehicular access to the back (south) of the building. Planning Commission - 3 - August 19, 1982 The parking lot is planned with curb and gutter and a storm sewer system which outlets to sedimentation ponds prior to entry to the lake. ANDSCAPING. A detailed planting plan depleting parking lot screening and the wildlife barrier must be submitted for review and approval prior to building permit issuance. TRANSPORTATION: Access to the site is from West 78th Street. There are 690 additional trips/day expected from this development. 78th Street is currently a two lane road, but there is adequate right-of-way for a four lane facility in the future. Two improvements to 1-494 access are currently under way. The half diamond providing access to the east at Schooner Boulevard and 1-494 and the Co. Rd. 18, 1-494 diamond improvement are both under construction. The Co. Rd. 18 improvement will provide an eastbound merge from 78th Street to the off-ramp of 1-494, bringing them to the signal at Co. Rd. 18. Eastbound traffic can then proceed directly onto the on-ramp (eastbound) of 1-494. This will be a major improvement over the existing situation. This project would have a central entrance for the majority of the parking (with merge lanes) and a secondary service entrance which could eventually serve a parking area of 97 spaces. Sight distance is adequate in both cases. RECOMMENDATIONS: The Planning Staff would recommend approval of the Rezoning from Industrial to Office District subject to the following: 1. Variances for height and setback are required. 2. A dedication or scenic easement covering the southern 9.32 acres be given to the City to preclude any direct physical use of the property. This would be in accordance with the City's long standing policy on the Lake. 3. A wildlife barrier equal to a 6' high cyclone fence must be constructed along the complete boundary between the developed and undeveloped portions of the property. 4. The cash park fee of $1,400 per acre i; applicable to this project. 5. No slopes greater than 11:1 shall be left unretained. 6. Parking may be provided as proposed. 7. Signage shall be according to ordinance. 8. A landscaping plan shall be submitted prior to building permit issuance providing screening of parking and loading areas, and providing a barrier to the wildlife area, equal to a 6' cyclone fence. 9. All areas not shown for construction shall be protected during construction (the eastern wooded hill). 10. The storm water plan must be reviewed and approved by the Nine-Mile Creek Watershed District. 11. Hydrants and access shall be provided as required by the Fire Marshall. CE:jp CREEK l, \i4 l_t.L."____^.5....4,1::•:„._„ . ' .... —I W 7R LAn.I‘"'c\--cak...\/\\ IDLCWILO -A( groom she. to_, • .* -6) o co I II" -J 1111 • -I • I 1) I SINCLETRE EDEN PRAIRIE CENTER 'ill vE MITT; MT ROAD e!. IR. SCCTICH PINE CT. rol IA W,N.,4,!.) CIR. a po. WNO CIA. 2I. L E ‘: WI r.R. ANDERSON LAX E I(FOREST ViE V/U'EI' CIRCLE P4 M 2 WOODWA•CH CIRCLE • LAKE FALL DRIVE — MON POINT C IR CL E." NEILL LAKE ROAD...-. AR NEL Cl 0 2R2 2WV21 W 24 !Ig F 00- suw•reP2c.a! Tfl OLTIMPIL 116,6111014 LANE HAW/ )171, IINF LANE (.1.1041 ,,WIrf LAN( z C HERNE SINCE 1010 CH ERNE CONTRACTING CORPORATION 6051 or FrIcE BOx 0 7 5 MINNEAPOLIS, MINNESOTA 55440 September 16, 1982 TELEPHONE 944-2650 AREA CODIE 612 TWA •10-576-275 Ms. Jean Johnson City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Ms. Johnson: Confirming our conversation of today, please be advised that Cherne Contracting should not have been included in the Agenda for the September 21, 1982 City Council Meeting. It was my understanding from the Planning Commission meeting of August 01 3 1982 that the project would not be reviewed by the City Council until after the Eden Prairie Park and Rec- reation Department had prepared its recommendations in lieu of planning staff recommendations #2, 3, 4, and 8 concerning the property bordering the lake. We would prefer to present the project to the City Council as an entire package after the Park and Receration Department has completed their review. Please take Cherne Contracting off the Agenda for the September 21, 1982 Council Meeting. Sincerely, /1•;/ 1///<. Wt1/ • - . A. William Cherne, Jr. Assistant to the President AWC:Ig iNNE1001.4 Of I ICE • 777/ wAlloo n NG'ION Av.. SOUTH .VNCANON PLANT• 0.0.60E WO • o.0..000. 4.0111 T. rf,!re 14 lc,'82 Hennepin County Park Reserve District 3800 County Road 24 • Maple Plain, Minnesota 55359 • Telephone 612.4734693 PARK RESERVES BAYER C NOES CROW HABSAN ELM LIB EK HA 00 L.0 HIBECCA MOH!. H4B4iHA14' REGIONAL PARKS CILAAY LAW COON ROOS DAM EAGLE LAY( OSHL.E R ME DEC.( LAKE SLING CAKE SPECMLUSEAREAS BAYLP AM E4 00L1 CC0PFC C; 541011.0 00,F COLIABE• HF,ANDHIL S 541404 NOEDIFENUPCE MC MOPIAL TRAIL CORRIDORS nDni,1,114.1EI,5 UHL, ,IERPARKS W DLECECICE CHAS; 1BL AND BOARD OF COMMISSIONERS WIllIAM All CHAIR MINNEAPOLIS WILLIAMI GENTRY Y•CE CHAIR NEW HOPE 11101144 4511111504 BLOOMBEL.ION SMILEY A LEONINE MAPLE i•LAIN AMELIA AA (WMUSE NNI APO, is CHARLES R PIK 0110110 441(0140 REID 11111.4 BAY DONALD C RINGHAM BE NNE-A.1,0E EY. RAYMOND N SEASON POW 0005 ,MARIE SOLI 14545 4.451 400115 P451111C4MNCNSSELNI 45014 APO, NLIEEOSF FRENCH BEIBEFBNIf 4 1 110 BE ENE 1444 F01.0 408110 September 14, 1982 Mr. Robert A. Lambert Director of Community Services City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 RE: Cherne Company Parcel - Anderson Lakes Regional Park Dear Bob: William Chcrne, Jr., recently contacted me regarding the Cherne Contracting Corporation's proposed development on the north shore of Anderson Lakes. His specific concern is the need to dedicate a portion of the property to the District for inclusion in the Anderson Lakes portion of the Hyland-Bush-Anderson Lakes Park Reserve. As you are aware, the Agreement between the City of Eden Prairie, the District, and thc Metropolitan Council, which transferred implementing agency authority for Anderson lakes Park and Bryant Lake Park from the City to the District,specifi- cally addresses the involvement of the City in the acquisition of this property by the District. The City agreed that it would 'use its best efforts to acquire by dedication or donation that portion of Cherne property, identified as Parcel No. '1', and transfer this parcel to the District." Parcel No. "1" was defined by legal description on page 1 of Exhibit "A-1" and delineated on the map labeled Exhibit "A". You will recall that in the Anderson Lakes area the District agreed to accept the boundaries which were previously established by the City. Pursuant to the transfer agreement and the discussions behind it, it has been the District's understanding that at the time of development of the subject property, the City would make its "best effort" to secure Parcel No. "1" from the developer and transfer it to -the District. Mr. Cherne expressed concern in his conversation with me that his corporation was being asked to dedi- cate a large percent of their property and to also pay an "in lieu of dedication" fee. The District's interpretation of the transfer agreement is that the City should secure the dedication of this property (and transfer it to the District) prior to securing any additional payments to the City. In the spirit of the transfer agreement, the District feels the City should make every effort 114 Mr. Robert A. Lambert City of Eden Prairie - 2 - ' September 14, 1982 to acquire this parcel just as if Eden Prairie were the implementing age n c y . In accordance with the boundaries established by the City and approved by the District and the Metrupolitan Council, the District supports acquisi t i o n of the entire Parcel No. "1" and requests the City to fulfill its obliga t i o n s in this regard. If this is not your understanding and intent, please give me a call. Sincerely, Clifton E. French, Superintendent and Secretary to the Board CEF:ghd cc: Mr. Robert Nethercut, Director Metropolitan Parks and Open Space Mr. Carl Jullie, City Manageri/ City of Eden Prairie A REPORT ON THE PLANNED WALKING PATH FROM THE PROPOSED CHERNE OFFICE BUILDING TO THE EDGE OF ANpERSON LAKE, EDEN PRAIRIE ENVIRONMENTAL ASSESSMENT OF THE SITE: VEGETATION AND WILDLIFE DESCRIPTION OF EFFECTS ON WILDLIFE By Dwain W. Warner Curator of Ornithology Professor, Ecology and Behavioral Biology University of Minnesota Minneapolis Scope of studfor preparation of this assessment For this report I made two visits to the site in June and July 1982,- and had consultations about the plans for the site and the proposed walk with Bill Cherne, owner, and with Tom Stahl, architect. I examined aerial photographs of Anderson Lake and adjacent landscape and wildlife habitats and land use features. I have examined in detail the Overall Site Plan for locations of the proposed office building, the parking facilities and the sediment and cooling ponds in relation to the proposed walking path and the undisturbed wildlife habitat on the property. My many years of personal experience in evaluating wildlife habitats and the various levels of impacts that urban development projects exert Las been used also. Part I. _Description of the Present land use of the overall site The site extends south from west 78th Street to Anderson Lake between the Northwestern Bell property on the west and the Cabriole Center on the east. The site has three rather distinct areas at present. First is a relatively flat, barren area on the north edge next to 78th Street at about street level that is appro*imately one-fifth of the entire area. A second part immediately to the south is hilly to the east but in general drops southward to lowlands: this part supports a remnant savanna-like habitat of large old oak trees, remnant elms and a few other species and much grass and other lierbacaous plants. This slope is about one-sixth of the site. Most of this area shows evidence of old structures and much general degredat ion from a wild state. The remaining area is basically lowland extending to the lake. This rather extensive area has considerable diversity in several aspects, however. While much of the land is low, level meadow close to high water level of the lake, there are several knolls that contribute to the irregular contour of the property across the lowlands and extends as a narrow raised peninsula into the lake. Of primary importance to this report is this third area--the lowlands with the knolls that form the peninsula. The lowest areas of this part of the property are dominated by basically two species of plants--reed canary grass and nearer to the water, cattails. The knolls are very distinct from the more level lowlprels, rising from a few feet to more than 15 feet above the high water line. The higher ground supports several species of trees including elms, ash and boxelder. Dead elms are a currently prominent feature. Ground cover is of grasses, Virginia creeper, poison ivy, black raspberry and many other plant species—,, rich area for so small a site. This peninsula is mostly more than 1500 feet from a street and is well below it; and it is, indeed, a place with real esthetic qualities and a place of solitude. There are four basic habitat types in proximity to the peninusla. The knolls are the terrestrial uplands; these grade into the extensive wet meadows dominated by reed canary grass to form, with some cattail stands, the land-water interface. Next are the clumps and a lake border of emergent vegetation dominated by cattails. The fourth habitat is the open water of Anderson Lake. Since birds are good indicators of habitat types and of environmental quality the following comments in regard to the briefly noted bird life using these four habital %types at the site add a useful dimension to this proposed project. The upland birds on the knolls are the expected urban species: robin, catbird, flicker, song sparrow and yellow warbler, as examples. These are highly adapted to urban existence where their niche requirements are present. The reed canary grass dominated wet meadows are occupied by few birds, only red-winged blackbirds and yellowthroats are obvious but the sora and Virginia rails feed in this habitat. The emergent vegetation is the habitat of the rod-wing, long-billed em; elm wren, the black tern, and the rails. This unit is also used by ducks with their broods and by 2 the Canada geese as safe cover. The open water has the pied-billed grebe as a typical open water species. In addition the shoreline is used as feeding territories by the herons and egrets of the region. These bird lists are, of course, only a small fraction of the birds that one could find here over a period of a year. The total list is aboui 300 species of birds. These knolls and the main land-water interface areas are part of the continuum of a dense mixture of vegetation consisting of trees, shrubs, grasses, sedges and other herbaceoue plants that forms a corridor for the safe movement of wildlife around the lake. These corridors are essential to many species of wildlife, especially mammals such as deer, foxes, muskrats, etc. They are used by some birds also. Such animals do undertake movements from one place to another for changing cover, food resources or .reproduction. Without these urban corridors these animals are subject to high mortality as they cross roadways; and in the case of deer, especially, become a hazard to humans and a costly liability to vehicles. Although I observed no deer there, they are present in all such habitats in the area. Under conditions of no control or management the vegetation has become very dense and uplands are all becoming forested. This means the site is degrading as effective wildlife habitat. The impacts of this problem are described in Part III. 3 Part II. Description of relationships of thei p l a n n e d development to the lowlands and peninsula Construction of the parking areas as presented o n t h e o v e r a l l s i t e * plan would have no effect on the lowland habit a t . T h e p r o p o s e d o f f i c e building and associated road and walk features w i l l d i s p l a c e s o m e o f the slope trees and other vegetation but no im p o r t a n t v e g e t a t i o n o r wildlife habitat. ' The sediment and cooling ponds that will be c o n s t r u c t e d w e s t o f t h e office building will add a new dimension of po t e n t i a l d i v e r s i t y f o r plant and wildlife species, especially with th e i r l a n d s c a p e d a n d p l a n t e d shorelines. An important point is that the office buildin g a n d t h e p o n d s w i l l f o r m a new and very effective isolating barrier bet w e e n t h e p a r k i n g f a c i l i t y , entry walkways, delivery entrances and street t r a f f i c a n d t h e l o w l a n d , peninsular and lake areas to the south. Thus t h i s c o n s t r u c t i o n p r o j e c t leaves most of the natural vegetation and wil d l i f e o f t h e s i t e m o r e isolated from human disturbance than it is at p r e s e n t . This plan will, thereby, by increasing the is o l a t i o n o f t h e l o w l a n d - knoll corridor strengthen the usefulness of t h e a r e a a s a s a f e r h a v e n for wildlife--not only birds but especially f o r t h e l a r g e r m a m m a l s such as deer and foxes. r`1 C1 4 Part III. Description of the planned walkingpth and its impact on the natural environment The desire on the part of this company to have a walking path from the office building to near the end of the peninsula for use by its staff is highly commendable. I find that the best guardians of our natural environment are thosepeople who can live at least part of their lives in it. Since this is an office complex, use of the path would be basically during ordinary working daylight hours on five days per week. Since most mimunals are nocturnal and peak bird activity is early morning and evening, humao activity would not affect basic animal activities. My own sketch (see map) of the proposed path has it following essentially the existing old road to the base of the peninsula, than continuing south near the edge of the property line. This route would be easiest and would really not have any measurable adverse impact on vegetation or wildlife. An asphalt or wood chip path six feet wide would be satisfactory. Since the very lush grass and other vegetation will be very very tall and will lean over part of the path, that should be the minimum width to permit unhindeied walking. I further wish to point out a wildlife observation shelter could be constructed at the end of the path. This is environmentally sound. It could he earth sheltered and in other ways inconspicuous. It would greatly enhance the use and effectiveness of the path and, if it were heated, it would be used all year. There is ample evidence that people using these walking paths and observation shelters do not adversely affect wildlife. An example nearby is the extensive path systems and observation shelters at the Wood Lake Nature Center in Richfield where people and wildlife are in close proximity and seem without conflict. Years of observations show that species of urban wildlife, even the larger predators, such as the red and gray fox and great horned owl, are not driven away by walking paths; and small song birds, for example, become readily habituated to the presence of people provided habitat requirements continue to exist. But what are the kinds of wildlife present in the lowlands of the site? Three species were noted as very common: the yellowthroat (a small warbler) that nests in the very dense marsh grass, the red-winged blackbird that nests in cattails and other vegetation and the long- billed marsh wren that nests in the cattails. All three of these species occur over most of North America, the first two being among the most numerous of our birds. Other birds noted were the robin, song sparrow, and flicker--all bird, cuirmon to these kinds of places, even in urban settings. Aovhibians (frogs and toads) were heard calling there but other animals were not noted on my two visits there. No rare or endangered plants or animals were found; and no aspect of the development or future use of the proposed walking path would appear to have any adverse impact on any existing wildlife or plant species. This path by its presence or by its use by people would have no adverse effects also on general wildlife use of this part of the corridor around the lake. The deer and other wildlife of the area are thoroughly habituated to humans and their noises and odors; and they exist compatably with us as long as their habitat needs are present. There is one last point that is of importance in evaluating properly the factors we should consider in managing 'habitats for our urban-suburban wildlife. It is the general practice in this metro area to insist on letting nature take its course to create the densest (and thereby the best habitats) for wildlife. But this is not true. Wo now see evidence everywhere that the rank, uncontrolled growth of vegetation is detrimental to both plants and animals in this region. For example on this site the lowland and knoll vegetation is so dense that upland and tree hole nesting ducks such as the mallard, blue-winged teal and wood duck do not nest there because the baby ducklings just cannot make that first necessary walk from nest to the safety of water and their first food. Also in this area all non-aquatic areas revert to forest or to a shrub-tree stage, . eliminating many herbaceous plants. Fire was the former mechanism that maintained the proper balance of prairie, savanna and forest plants and animals. we are finally returning to fire as a proper management tool. Even on this site fire would probably be the best tool for reestablishing the proper habitat balance. Mowing or burning parts of the site at intervals (three to four years) would create such features as bedding sites for deer and 90es (species that prefer to bed down for the daytime in rather short grass open areas on knolls), open areas for duck) joy movement and openings for increased plant species diversity. Without management of this kind our metro terrestrial wildlife habitats will continue to degrade. This site is ideal for a planned program of management for wildlife. 6 •••,'.4 ,** . "..)'L‘-. • . :,v71 '1`; (WOCIn) c,c. . :.1 ..:: i N I _i_,*_rs :Zt.t,,..7......",:ic-.—. ') .'.) t, 0 , -,....: -4) '—'s. i '.,'.•:., N„...., s„,‘ - i • • /ei f 7 '..;:,: , n i 1 . .',:, -------- 11.---- --) i I /71::.....,;71 1iiiiiiiiii I \ ss :N. \ \\;n%\\.'1:::.\":.\:.t...1,... . •V L '.1. Ii ! r 1 C," ..),/j(i. Ii: ,//- ... L ----‘,..>(11(--f—F- ANDERSON LAKE a!" I I • ala1kin9 path to fcliow existina roadway REPORT OF SUBSURFACE EXPLORATION PROGRAM NEW OFFICE BUILDING SITE FOR CHERNE CONTRACTING CORPORATION . WEST 78TH STREET (1-494 FRONTAGE ROAD) PARCEL IMMEDIATELY WEST OF CABRIOLE CENTER EDEN PRAIRIE, MINNESOTA #120-8615 INTRODUCTION In accordance with your verbal authorization of April 22, 1982 and our proposed dated April 23, 1982 we have performed a subsurface exploration. At the locations indicated on the drawing provided to us by Thomas H. Stahl, Architect, fifteen soil borings were put down between May 4 and 7, 1982 and on June 1, 1982. After review- ing the boring logs and subsequent laboratory test results we were to make engineering recommendations relative to the soils. The new construction will involve building a four story office building some underground parking as well as roads and parking lots on the site. The building si .tt.is located south of Interstate 494 along the Frontage Road just west of County Road 18, with the new building facing towards Anderson Lake. The scope of our exploration included making foundation engineering recommendations and paving recommendations for the roads and parking area. son. exmoRation Page 2 - #120-8615 The purpose of this report is to present the results of the subsurface exploration and present our comments, opinions and recommendations based on the review of this data. EXPLORATION PROGRAM RESULTS Site Conditions The site is approximately 600' north to south by 600 east to west. The northern 1/2 of the site has been re-graded into a relatively level area. The elevation of the borings in this area varied from 861' at the northwest corner to elevation 868' at the northeast corner. Boring 5 which was at the south center area of this portion of the property was also at elevation 868', therefore, this portion of the property tends to slope from the southeast and east to the northwest area of the property. There is currently a berm across the middle of the site running from east to west that divides the proposed parking area on the north from the building area to the south. The southerly building area has a greater variation in contour elevations with grade at boring #13, in the southwest corner of the building area, being at elevation 849' and at boring #15 in the north- east corner of the building, being at elevation 868'. The contour in- terval on the site plan providkr to us indicated contours varied from 843' to 870'. Subsurface Conditions In the northerly half of the site where some site preparation work 1i -- SOIL OXPLORMtlOrl LXX1114-NAW Page 3 - #120-8615 has been done the borings indicate fill over weathered till underlain by glacial till. The fills consist of silty sands, clayey sands, sandy clay, a little sand, concrete and gravel. The fill varied in thickness from 11 1/2' or the depth of the boring at boring /1 to about 1/2' at boring #3. At borings 2, 4 and 5 the fill varied from 8' to 11'. The standard penetration resistance of the borings indicate the fills to be in a very loose to dense consistency with most of the resistance values (N) indicating a medium dense condition. The weathered tills and tills underlying borings #1 through 5 are composed of sandy ,lays and clayey sands. The standard penetration tests indicate that these soils are rather stiff to stiff in their consistency. There was topsoil encountered at boring #2 from 9' to 11' and at boring t5 possibly between 7' and 7 1/2' below grade. At boring #2 this topsoil was black and appeared to be soft in its consistency. Borings #1 and 4 terminated in the fill and therefore we do not have an indication if there is topsoil underlying the fill placed at these two locations. Borings #7 and 8 were put down at the northwest and northeast corners of the proposed underground parking area on the north side of the SOIL expLoRation Page 4 - #120-8615 office building. At boring #7 there was 1 1/2' of topsoil underlain by the sandy clay or silty sand till or weathered till. At boring #8 there was 4' of silty clay topsoil underlain by 14' of fine and mixed alluvium consisting of silty clays and clayey sands and then the boring terminated in the underlying glacial till which consisted of sandy clays and silty sands. The topsoil at boring 07 was soft whereas the underlying weathered till and till varied from rather stiff to very dense. At boring #8 the topsoils were soft - to medium. The mixed and fine alluviums were from soft to rather stiff. The underlying sandy clay and silty sand till was from rather stiff to dense. Borings #9 and 15 were put down in the area of the proposed four story office building. The borings indicate silty sand, sandy clay, silty clay, or clayey sand, topsoil or fill from 1/2' to 4' below grade. Below this there was either a layer of weathered till consisting of sandy clay or clayey sand or a layer of silty sand mixed alluvium or silty clay fine alluvium from 312 ' to 5' in thickness. These layers for the most part were underlain by th clayey sands, sandy clay and silty sand tills found elsewhere at the site. These underlying glacial tills generally were found to be in a rather stiff to stiff condition for the clayey materials and a dense to very dense condition for the granular, sandy materials. At boring #11 there appeared to be more interbedding of the various alluviums and mixed alluvium extending to 12' below the grade. SOIL expLoRation Page 5 - #120-8615 Boring #16 was put down near the southwest corner of the property and at this boring location there was 4 1/2 of swamp depoists consisting of peat underlain by l' of silty sand coarse alluvium and then the clayey sand and silty sands glacial till to the depth of the boring. Boring #6 which was to have been put Own in the east central portion of the property was omitted. It should be noted that the area of the borings in relation to the entire area is very small. Conditions between the borings or below the depth of our borings may differ from the conditions encountered at the boring lo- cations. For these reasons, we do not warrant conditions below the depths of our borings or that the strata logged in our borings are necessarily typical of the entire site. Water Level Observations Water was indicated in four of the borings. At borings #2 and 4 the water was found in the fill above elevation 857' and at boring #16 at elevation 836. The ground water encountered at borings #2 and 4, we feel, is a perched condition however the ground water encountered at bor- ing #16 is most likely the ground water level. The USGS map indicates the surface elevation of the Anderson Lake to be at elevation 838.0'. At boring #8 the ground water 'at.7 about elevation 854.4' most likely re- presents a perched water condition. SOIL exptoRation Page 6 - #120-8615 Laboratory Tests Moisture tests were made on samples of the silty clay of borings 8 and 11 and also a moisture test was conducted on a sample of the sandy clay at boring #14. Liquid and plastic limits were determined for the samples of silty clay at borings 8 and 11. An unconfined compression test was performed on a sample of the silty clay at boring #8. The results of these tests are indicated on the attached logs and data sheets. ENGINEERING REVIEW project Information The following data represents our understanding of the project. It comprises an important part of our engineering review. If, as the project develops, there are changes from the stated values, we request that you contact us for additional review. The office building will be a four story building with a basement. On the north side of the office building there will be a two level parking structure. The underground parkino area will be approxima t e l y 160 by 70' wide with the main building approximately 260' long by 100' wide. The long face of the building will be from east to west. The drawing provided to us indicates the lower level floor will b e at elevation 856.0. It was also indicated to us that the undergr o u n d parking will be approximately below the lower level of the office building or at elevation 852.5'. Interior column loads will be 1,/ ) son. expionation COMP:MN Page 7 - #120-8615 approximately 650 kips and a steel frame and a pre-cast concrete plank floor system. The site plan provided to us also indicates a large parking area on the northerly half of the site and several sediment and cooling ponds in the southwest portion of the property. Foundations It is our recommendation that this building be supported on spread footings. In our opinion, this building can be supported on the natural soils or engineered fill with a safe bearing capacity of 4000 pounds per square foot. We estimate that total settlement should be less than 1/2" and differential settlem3nt less than 1/4. The above bearing capacity allows for a factor of safety of three against a general shear failure. The following table indicates the level at which the 4000 psf bearing pressure can be attained or the amount of subcutting required prior to placing an engineered fill for support of foundations: RECOMMENDED' MINIMUM EXCAVATION BELOW EXISTING GRADE For Footings Boring Number 4000 psf For Floor Slab 7 41/2' 11/2' 8 4'(plus 1 ftg. width)* 4' 9 2' 1/2' 10 51/2' 2' 11 7' 12 5' 2' 13 7' 2' 14 10' 4' 15 4' 11/2' *2000 psf SOIL exptoRabon Page 8 - #120-8615 The exception to the afore mentioned•loading is in the northeast corner of the parking facility where the boring #8 indicates the fine and mixed alluvium underlying the topsoil are for the most part soft. In this area it is our recommendation that a over- excavation of one footing width beneath the proposed footing level be made. A granular fill should then be placed and compacted to a minimum 100%of ASTM: 0 698 (Standard Proctor density). In our opinion a safe bearing value of 2000 pounds per square foot could be used on this engineered fill in this area with the potential settlement staying in the same range as for the 4000 psf loading used elsewhere in the building. The engineered fill indicated previously should be a granular fill material. It is possible that some of the on-site clayey sands and sandy clays would be suitable if their moisture content could be brought near the optimum for placing them as an engineered fill, however a reduced loading of 3000 psf would be recommended. The en- . s' gineered fill for support of footings should be placed to a minimum 100% standard Proctor density. Prior to placing any engineered fill a soils engineer should observe the subgrades to determine if any further excavation is necessary prior to placing the fill. Moisture density tests should be taken in the compacted fill. Footing 1 ./ sou. expLoRation COtT1PariV Page 9 - #120-8615 excavations should be oversized on a 1:1 slope from the bottom edge of the footing to the bottom of the excavation. The boring logs indicated a varying condition between the logs and there- fore it is important that a soils engineer observe the footing excavations so that judgments may be made if additional excavation is required. For heated areas of the building footings should be a minimum of 4' below the exterior grade. If there are unheated portions such- as possibly the parking area or in the vicinity of the parking area overhead doors it would be advisable to place footings a minimum of 6 below final grade to reduce the chance of frost heave. Floor Slabs In the buildingarea,other than for the topsoil and fill indicated on the boring logs, the soils are suitable for support of a concrete slab-on-grade. We recommend that the site therefore be subcut to allow for the concrete slab and a minimum 6" clean sand fill with less than 5% passing the #200 sieve. In the areas where fill must be placed to bring the subgrade up to the floorlevel,we recommend that the fill be compacted to a minimum 95% of Standard Proctor density. This is also true of any fill placed at footing excavations or at underground utilities. The clean sand fill placed immediately below the floor slab will reduce or minimize the moisture transfer from the underlying soils to the conrete slab. () SOIL expLoRation COTINArlY 1)ge 10 - #120-8615 Foundation Walls The on-site soils are of the finer grained nature with clayey sands, silty clays and sandy clays being the predominant soils found at the site. When used as backfilled against foundation walls, these soils can induce relatively large laferal pressures. We would recommend that since granular soils are relatively readily available in the vicinity of this building that backfill against foundation walls . be composed of a relatively clean granular fill with less than 10% passing the #200 sieve. If such a fill is used we recommend that a at-rest pressure of 45 pounds per cubic foot equivalent fluid pressure be used in designing the foundation walls. The on-site soils could produce at-rest pressure of 80 pounds per cubic foot equivalent fluid pressure and we would recommend Lhat this value be used if it is decided to use the on-site materials. Backfill behind foundation walls should be compacted to a minimum 92% of Standard Proctor density in grass areas and to minimum 95% Standard Proctor density in paved areas. Damp Proofing_and Drain Tiles Even though the ground water table lies below the lower level of the proposed building, we recommend thatan engineered drain tile sys- tem be used along foundation walls of this building where the exterior grade is above the floor slab. We also recommend that the exterior walls be damp-proofed and that exterior grades be sloped to direct' I SOIL e x pLaRation Page 11 - 0120-8615 water away from the facility. When granular fill is used as a back- fill material against foundation walls and the adjacent soils are fine grained, the moisture tends to flow from the slower draining soils such as the silty clays and sandy clays into the relatively free-draining backfill material and therefore water tends to accumulate in these areas. In the vicinity of boring 8 additional drain tile may be required under floors depending on the source of ground water indicated on the boring log. Roads and Parking The majority of roads and parking will be constructed in the fill mater- ial existing along the north half of the property. This fill material apparently was placed without full-time observation and as indicated by the blow counts of the standard penetration tests, varie iu its con- sistency. Several of the borings did not penetrate into the underlying sub-strata. It is possible that in these areas there is existing topsoil or possibly some organic matter which were not removed prior to placing the fill. Considering the overall depths of fill, however, we do not feel it would be economical to remove the fill and recompact it. We recommend excavating to the subgrade elevation and then the surface materials be scarified to a depth of 8" and recompacted. The materials should be compacted to a minimum of 95% standard Proctor density in the general parking area and a minimum 100% of standard Proctor density in the areas subject to truck traffic. We then recommend that a minimum 6" granular base Mn/DOT specification 3138 class 5, be placed in both the roads and parking areas. A minimum 3" bituminous pavement Mn/DOT i )r) SOIL expLoRation Page 12 - #120-8615 specification 2331, for parking area and a minimum 4" bituminous pavement, Mn/DOT specification 2341, for roads and truck traffic areas should be used. The above paving sections should be consid- ered a minimum paving section and any increase in thicknesses of the base and bituminous materials should help reduce future maintenance of the parking and roadway areas. The underlying soils are fine grained and therefore it is possible that frost heaving will take place in the winter and that pot holes could form in the spring. The ground water level does appear to be well below the level of the parking areas and therefore we feel this will not create a problem. Construction Difficulties Since many of the on-site materials are relatively fine grained and moist, care will be needed when excavating. These soils will tend to hold their moisture including any from possible rain during the con- struction. Control of site drainage during construction will be neces- sary to prevent softening of the bearing soils due to construction acti- vities. Once the engineered granular fill is placed, the subgrade will be fairly well protected from disturbance. OBSERVATION AND TESTING We recommend that the excavations be observed by a soils engineer prior to placing any fill or foundations. Moisture density tests should be taken in any compacted fill found at and under floor slabs, in utility trenches or in backfill against foundation walls. ‘,‘ SOIL expLoRabon company Page 13 - #120-8615 FIELD EXPLORATION PROCEDURES Test Borings Fifteen soil test borings were put down at the site at the locations indicated on the attached sketch. Surface elevations were referenced to the top of the manhole indicated on the sketch. This elevation ,was indicated to us as being elevation 848.2. Soil SamOing Soil sampling was done in accordance with ASTM: D 1586-67. Using this procedure, a 2" O.D. split barrel sampler is driven into the soil by a 140 lb weight falling 30. After an initial set of 6, the number of blows required to drive the sampler an additional 12" is known as the penetration resistance or N value. The N value is an index of the re- lative density of cohesionless soils and the consistency of cohesive soils. Thin wall tube samples were obtained according to ASTM: D 1586- 67 where indicated by the appropriate symbol on the boring logs. Soil Classification As the samples were obtained in the field, they were visually and manu- ally classified by the crew chief in accordance with ASTM: D 2488-69. Representative portions of theamples were then returned to the labora- tory for further examination and for verification of the field classifi- cation. In addition, selected samples were submitted to a program of lab- oratory tests. Logs of the borings indicating the depth and identification of the various strata, the N value, the laboratory test data, water level 101 SOIL expLoRabon Page 14 - #120-8615 information and pertinent information regarding the method of maintain- ing and advancing the drill holes are attached. Charts illustrating the soil classification procedure, the descriptive terminology and sym- bols used on the boring logs are also attached. I hereby certify that this plan, speelfl• Cation, or report was prepared by me Of Under my direct supervision and that I am a duly Registered Professional Engineer undeAtteyws ofAhe taSMinneso RICHARD . DUt CHER Date_ • ZRegistration No. 8656 1 ' SOIL expLoRation MINNESOTA ENVIRONMENTAL QUALITY COUNCIL ENVIRONMEN1AL ASSESSMENT WORKSHEET (LAW) AND NOTICE or FINDINGS DO NOT WRITE IN THIS SPACE E.R.# NOTE: The purpose of the Environmental Assessment Worksheet (LAW) is to provide information on a project so that one can assess rapidly whether or not the project requires an Environmental Impact Statement. Attach additional pages, charts, maps, etc., as needed to answer these questions. Your answers should be as specific as possible, Indicate which answers are estimated. I. SUMMARY A. ACTIVITY FINDING BY RESPONSIBLE AGENCY (PERSON) 11 Negative Declaration (No EIS) [j USPreparation Notice (EIS Requ B. ACTIVITY IDENTIFICATION I. Project hamc or title Cherne Contracting Corporate Office 2. Project proposer(s) Cherne Contraction Cornoration Address 7.ox 375, n ifInez.,1Jolis, (..,:ota 55443 Telephone Number and Area Code ( 512 ) 944 2650 3. Responsible Agency or Person City of Eden Prairie Address 9350 Eden Prairie Road, Eden Prairie, :linnesota 552P.4 Person in Responsible Agency (Person) to contact for further information Telephone 51?. !-)37 2262 on this CAW: Chris inner 4. This LAW and other supporting documentation are available for public in- spection and/or copying at: Location City of Eden Prairie 937 2262 H Et.00AM-4:3 Telephone ours ' 5. Reason for LAW Preparation Mandatory Category -cite [-I Petition Other MLQC Rule numher(s) 24(B)(dd/ Office development covering 20,000t sq. ft. of ground space. C. ACTIVITY DESCRIPTION SUMMARY 1. Project Location County Hennepin City/Township name Eden Prairie Township number . 116 (North), Range Number: 22 East ot circl. Section number(s)- 13 Street address (if in city) or legal description: West 78th Street See legal description attached • ' 2: Type and scope of proposed project: Constructidn of a 94,000 S.F. office building, 4 sto r i e s , f o o t p r i n t and 411 parking spaces. 3. Estimated starting date (month/year) March 1983 4. Estimated completion date (month/year) May 1984. b. Estimated consiruction cost $6,000,000 G. List any federal funding involved and known permits o r a p p r o v a l s n e e d e d from each unit of government and status of each Unit of GovernMent Name or Type of Permit/Approval Status (federal, state ' or Federal Funding regional, local) Nine Mile Watershed Grading and Land Alteration Permit Pending City of Eden Prairie Zoning approval and Building P e r m i P e n d i n g EQB Negative Declaration Pending 7. If federal permits, funding or approvals are involved, wi l l a f e d e r a l EIS be prepared under the National Environmental Policy Act? X NO YES CORPORATE OFFICE GUITHING FOR: CHERNI CONTRACTING CORPORATION 7777 WASHINGTON AVENUE SOUTH MINNLSOTA LEGAL DESCRIPTION GOVERNMENT LOT N DOLIIMENT NO. 462 1.'18 ABSTRACT That part of Government Lot 6, Section 13, Township 116, Range 22 deacrihed as fellows: Commencing at an intersection of the bast line of Government Lot 6 with ti,, Southerly l i n e o f Highway No. 494; thence West 11.0 feet; thence Southerly 250 feet 10 a point 14.7 feet Went trum seld Eitat line; theme South 'oral t,.1 with sold fast line to Soatherly line of Governme n t L o t 6 ; thence Last to East II ,t, thereof; thence North to beginning, EXCEPT that part of Government Lot 6, de6cribed as follows: Bevil:Ring at the intersection of the .nontherly right-of-way line of former State Highway Nn. 5, now designated as West 78th Street, and the east line of s a i d Government Lot 6: thence West along sold Southerly right-of-way line, a di,tance of 11 fee t ; theuce South in a straight line to a point in a line drash parallel with and distant 2 5 0 f e e t bouth of said sontherly right-of-way line, which point La distant 14.7 feet went of the beat line of snid Goverment Lot 6, measored along Laid parallel liue; thmnce last along bald p a r e l l m . line to the east line of said Governmealt Lot 6; thence North along snid test line of Govern m e n t Lot 6 lo the point of heginoing. GOVERNMENT LOT 7 ABSTRACT PORTION Deseription from Get:iff:ate of Survey doted February 20, 1980 end revired February 26, 1 9 9 0 , h y Idinneaots Valley surveyors and Lngircers. Thin deueriptioo differs flow Bmeanant 45564 7 1 , f i l e a April 15, MO, in that It defines 0.c it.iio',y Tlt liocnent. 4221072 and 1350070 for Hi g h w a y 5 and Document. 33600.95 for Highway 494 and shows those lines on the survey. AND GOES NOT INCLUDE .% TRIANGULAR STRIP OF LANy AT THE NORT1WAST (3516E4 SOUTH Of THE scum LING or WEST 7010 STREET. All that pert of Government Lot 7, Section 13, Towilahip 116, Range 22, lying South of the S o u : boundary line of Old State Highway No.. 5 (an per Doc. No's. 4221072 and 1350970), and lying Went of the Fast 665 feet thereof, according to the United States Government Survey thereof, a n d m i t : , in Hennepin Connty, Minnesota. EXCEPT that part of Government Lot 7, Section 13, Town a h i p l i b , Range 22, described an follows: Beginning at the intersection of the southerly right-of-way linr of forwer State Highway No. 5 (as per Doc. No's. 4221077 tnW 13501170), now denignated a n W a t t 7 i t Street, and the west line of Government Lot 7, thence Edfit along said southerly right-of-way lira- & diatanee of 89 feet, thence South in a utralght line to a point in a line drown parallel with I., distant 250 feet beech of hIla .aultherIv ri;;Lt-ai-way line, which point Is 95.3 feet c a s t o f t h e west line of said f.overnment Lot 7, measured along said parallel line; thence Went along so l d parallel line to the WoNt. line of Government Lot 7, thence North along the west line of Covernmel.' Lot 7 to the point of beginning. covmattNT LOT 7 TORRENS 108 111111 GERTTrICATi: No. .6006:9 The Went 50 feet of the Last 665 feet of that port of Government lot 7, lying South of State Highway No. 5 in ScrtIon IS , Imenship 116. Range 22. Subject in easements of record. II. ACTIVITY DESCRIPTION A. Include the following maps or drawings: I. A map showing the regional location of the project. (attached) 2. An original W;, x 11 section of a U.S.G.S. minute, 1:24,000 scale map vi Lb the activity or project area boundaries and site layout delineated. Indicate quadrangle sheet memo. (Original U.S.G.S. sheet must be maintained by Responsible Agency; legible copies may be supplied to other LAW distribution points) attached. 3. A sketch nx:p of the site sh o wing location of structures including significant natural features (water bodies, roads, etc.) attached. 4. Current Outos of the situ 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. West 78th.Street and 1-494 border site on the north, and Anderson Lakes border site on the south. Site is located between Oelco on the west and Cabriole Center on the cast. Site is presently vacant urban/rural. 2. Indicate the approximate acreages of the site that are: a. Urban developed 0 acres I. Wetlands (Type III, IV, V)2.50actr: below elevation 839'. b. Urban vacant 17.43acres g. Shoreland 17.43acre: within 1000 of elevation 839' c. jtural developed 0 acres h. Floodplain 0 acrel- d. Rural vacant 0 acres i. Cropland/Pasture land 0 acre. e. Designated Dec- 3. reation/Open Space 0 acres Forested . . 3.25acr. ScatDrcd trees and shrubs-Savannah Total site is 17.43 acres. Development area confined to northern 8.11 acres. See site plan Page 3C. Wetlands are not disturbed by develop meet. 3. List.names and Siees of lakes, rivers and streams on or near the site, particularly lakes within 1,000 feet and rivers and streams within 300 feet. Anderson Lakes, a regional wildlife are is located at the south propert , line. Proposed office to be constructed 5604 feet (minimum distance) 801 feet (average distance from shore) -3- 9 Twin Cities Metropolitan Area c r A " ' ' • -tt I t' - ! 6 " Z1-1 t • -- 1 F • , I j 1 /• +, „ , „ v ‘,\ PA D N A IC CA. ML CC C'ACC K " r ':n ) r YN, po r k 19 """; Fik n ih a n•e• , \ e A , , , B T N ' „ "Z. - ) 1 . ) ) ( . , i n : Merno..o l'a, ' . C .;.'''' i '-' I , ( f;11 •ea EDEN PRAIRIE MI ADR ANGLE miNNI ,S0TA .,7.5 MINUTE ST-Nii.s (101,00NAPIiic 1• C. Activity Description I. 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.). Office building will be constructed in a single stage designed for a total of approximtely 275 people. Parking areas will be constructed in two or more stages. Initial development will provide parking for 273 cars. Addi- tional 1,Ind has been earmarked for future additional parking for 128 cars providing a total possible site parking of 411 cars. 2. Fill in the following'where applicable: a. Total project area 17.43 acres • g. -or- • Size of marina and access ° F. channel (water area) Length . N.A. Miles h. Vehicular traffic :.rips generated per day b. Number of housing or recreational units 0 i. Number of employees 275 c. Height of structures 65 ft. j. 'Water supply needed 20,000 ne',' Source: d. Number of parking k. Soild waste requiring spaces 411 disposal e. Amount of dredging 0 cu.yd. 1. Comorcial, retail or industrial floor space f. Liquid wastes requir- ing treatment 20,000 gal/da III. ASSESSMENT or POTENTIAL ENVIRONMENT/11_ IMPACT A. SOILS AND TOPOGRAPHY I. Will the project be built in an area with slopes currently exceeding 1211? 2. Are there other geologically unstable areas involved in the project, such as fault zones, shrink-swell soils, peatlands, or sinkholes? NO x YE. x NO yr , 3. If yes on I or 2, describe slope conditions or unstable area and any measures to be used to reduce potential adverse impacts. East hillside slopes exceed 12 This hillside will not be disturbed by development. Where 12. or greater slopes occasionally exist else- where in development area plans call for fill-in and/or grading for parking lot ern; building construction. Appropriate measures will be taken during and after construction to minimize erosion - See M.A.]. da 0 S O. 2 4. Indicate suitability of site soils for foundations, indivi d u a l s e p t i c systems, and ditching, if these are included in the projec t . Site soils are suitable for foundations. Spread footings ar e recommended. See attached soil map and, report. 5. Estimate the total amount Of grading and filling which wi l l b e d o n e : 0,600 u.yd. grading 45,700cu.yd. filling 1iiceiit of the site will be so altered? G. What will be the maximum finished slopes? See attached Page 5.b. 7. What steps will be taken to minimize soil erosion durin g a n d after construction? Erosion control methods will be followed as per watershed d i s t r i c t recommendations. After construction seeding, sodding, a n d o t h e r erosion control methods will be used to stabilize grad e d a r e a s . Sedimentation ponds will be used to control sedimenta t i o n , a n d pollutants from entering Anderson takes. • • 21 . B. VEGETATIO1 1. Approximately what percent of the site is in each of the fol l e w i n g vegetative types: Woodland 20 % Cropland/ Scattered Trees, Savannah Pasture Brush or shrubs 20 % harsh 15 % Grass or herbaceous_ 30 % Other* 15 % (specify)*Disturbed graded area northerly portion of site • 2. Bow many acres of forest or woodland will be cleared, if an y ? u A few scattered trees exist in development area. 3. Are there any rare or endangered plant species or areas of u n i q u e botanical or biological significance on the site? (See MI R p u b l i c a t i o n The Coomon Ones.) Yes Trye", ffiTtffe species or area and indTEEIe any measures to be used to reduce potential adverse impact. -5- Soil and Topography A. 6. A maximum slope of 507, will occur in the area of the service drive to lower level on west side. A retaining wall will be constructed along this drive. Other than this area the maximum finished slopes will occur in the east hillside area which will not be disturbed by the development. 5. b. C. FISH AHD WILDLIFE 1. Are there any designated federal, state or local wildlife or f i s h m a n a g e - ment areas or sanctuaries near or adjacent to the site? NO x YES 2. Are there any known rare or endangered species of fish or wild l i f e o n or near the site? (see DO publication The Uncommon Ones). x HO VU: 3. Will the project alter or eliminate wildlife or fish habitat? HOC 4. If yes on any of questions 1-3:list the area, species or habi t a t , a n d Indicate any measures to be used to reduce potential adverse i n w a c t o n them. See Page 6.b: D. HYDROLOGY • 1. Will the project include any of the following: If yes, describe type of work and mitigative measures to reduce adverse impacts. a. Drainage or alteration of 1:ny lake, pond, marsh, lowland, or groundwater supply b. Shore protection works, dams, or dikes c. Dredging or filling operations d. Channel modifications or diversions e. Appropriation of ground and/or surface water x f. Other changes in the course, current or cross- section of water bodies on or near the site • See Page 6.b 2. What percent of the urea will be converted to new imperviou s s u r f a c e ? 7n ._ Future parking wotild add additional 6,0 3. What measures will be taken to reduce the volume of surface w a t e r r u n - off and/or treat it to reduce pollutants (sediment, oil, gas, e t c . ) ? Two permanent sedimentation ponds are planned to collect sur f a c e water - i'unoff. Owner will be working directly with Nine Mile Watershed District and City Engineering Department in designing a cauprehensive control plan. 4. Will there he encroachment into t.he regional (100 year) floodplain by new fill or structures? x10 YES If yes, does it conform to the local floodplain ordinance NO x YES• 5. What is the approximate minimum depth to groundwater on the site? See Page 6.b. V. NO YES feet -6- 111. Fish and Wildlife C.4. The project is located near Anderson Lakes Park which is a regional wildlife area. Some mammals and birds will be displaced from the development area (the northern 8.11 acres) to the south (approximately 9.32 acres). Some of the northern 8.11 acres, namely the east hillside area (1.20 acres), will not be dis- turbed. Other than the northern 8.11 acres, namely the upper parking lot area, has been previously disturbed and graded. While the construction of the office building and parking lots may displace some manmals and birds it is expected that the proposed placement of the office building will have the bene- ficial effect of buffering the wildlife area of Anderson Lakes to the south from the human activity and traffic of West 78th Street and 1-494 to the north. This should improve the southerly area is a wildlife area. Hydrology 0.1. Project will alter present water drainage into Anderson Lakes. Sedimentation ponds, skiming devices and berms are being con- sidered and will be reviewed and subject to approval of Nine Mile Watershed District, Department of Natural Resources, and the City Engineering Department. 0.5. Groundwater is encountered at elevation 836'. 6.b. E. WATER QUALITY' I. Will there be a discharge of process or cooling wate r , s a n i t a r y s e w a g e or other waste waters to any water body or to groundwater? NO 0 YLS • If yes, specify the volume, the concentration of pollutants a n d t h e water body receiving the effluent. No Yes Process Water Cooling Water •x Sanitary Sewer (Metro wastewater treatment plant to _ Minnesota River) x Surface Runoff Water (Sedimentation controls applied — — by Nine Mile Watershed. Ristrict) 2. If discharge of waSte water to the municipal treatment sy s t e m i s . planned, identify any toxic, corrosive or unusual polluta n t s i n t h e was None 3. Will any sludF,es by p(Tcrateri hy tho proposed project? x .NO yr: If yes, specify the expected volume, chemical compositio n a n d . oetiiocf • of disposal. 4. What measures will he used to minimize the volumes or impa c t s i d e n t i f i e d in questions 1-3? Sedimentation ponds will be used to control storm water runoff and discharge of sediment into Anderson Lakes.. Oil skimmer s a n d berms will be used per Uatershed direction. 5. If tire lwoject is or includes a landfill, attach information on s o i l profile depth to water table, and proposed depth of dispos a l . Not applicable. F. AIR QUALITY AND 4015E 1. Will the .aclivity cause the elimination of any gases and/or particul- • atcs into the atmosphere? Ng x If yes, specify the type and origin of these emissions, indicate any emission control devices or measures to be used, and specify the ap- proximtc amounts for each emission (at the source) both with and withw the emission control measures or devices. Engine emissions from construction equipment during construction. Daily automobile and truck traffic emissions. Emissions from heating and cooling of the building. 2. Will noisC 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 LIB cAJ, and noise/vibration. Noise during construction should be confined to daylight hourF: Maxium dba Ranges: At Machine At 250 reet Scraper Dozer 88-105 73-90 Grader 78-96 63-81 3. If yes on I or 2, specify whether any areas sensitive to noise or reduced air guality-(hospitals, elderly housing, wilderness, wildlife areas, residential developments, etc.) are in the affected area and give distance from source. Anderson Lakes, a wildlife area, is located approximately 560+ feet from the building location G. LAND RESOURCE CONSERVATION, ENERGY I. Is any of the site suitable for agri c u l t u r a l o r f o r e s t r y p r o d u c t i o n or currently in such use? x NO If yes, specify the acreage involved, typ e a n d v o l u m i -l5T7Yrketabie crop or wood produced and the quality o f t h e l a n d f o r s u c h u s e . ii 2. Are there any known mineral or peat de p o s i t s o n t h e s i t e ? x NO YE . If yes, specify the type of deposit. and t h e a c r e a g e . 3. Will the project result in an increased en e r g y d e m a n d ? NO x VI Complete the following applicable: ". a. Energy requirements (oil, electricity, g a s , c o a l , s o l a r , e t c . ) Type LLImaLem Annual Requirement 1,700,000 0) FUCII: LITHIUM! Hourly Summer 700 KW/hr er claily Winter 400 Anticipated Suplier Firm Contract or _ . . Interru ulpLa, u oas,s. Electricity Northern States po,er irm . Gas 2650 MCF 1.0 MCF/di. , 76.0 Yr:EDF/day . Ainnegasco Firm b. Estimate the capacity of all proposed o n - s i t e f u e l s t o r a g e . None c. Estillate annual energy distribution for : space heating 20 % • lighting 50 air conditioning 22 processing 3 % Ventilation 5 % d. Specify any major energy conservation sy s t e m s a n d / o r e q u i p m e o t incorporated into this project. See Page 9.b. Ill. Land Resource Conservation, Energy G.3.d. Building will utilize passive ,energy design techniques including: re- flected insulating glass, proper solar orientation and overhangs, and partial underground design, (north side of building will be one story below grade). Heat from light fixtures and office equipment (computers, etc.) will be reused as well as building circulated air. A variable volume air system is being considered. 9.b. e. What secondary energy use effects may result from this project (e.g. piore or longer car trips, induced housing or businesses, etc.)? Cherne Contracting presently occupies two buildings in Edina. One is one-half mile from site. The other, is two miles .from site. We do not anticipate any significant secondary energy use effects from this project. H. OPEN SPACE/RECFRATION 1. Are there any designated federal, state, county or local recreation or open space areas near the site (including wild and scenic rivers, trails, Tate accesses)? NO x YES If yes, list areas by name and explain how each may be afTectiiaTy the project. Indicate any measures to be used to reduce adverse impacts. Anderson Lakes Regional Park is south Of the property. Proponent is working with the City .and Watershed District to ensure develop- ment is harmonious with wildlife area. I. TRANSPORTATION I. Will the project affect any existing or proposed transportation systems (highway, railroad, water, airport, etc.)? _NO x ?ES If yes, specify which part(s) of the system(s) will be affected. or these, specify existing use and capecities, average traffic specs .ind percenLage of truck traffic (if highway); and indieate he, they will be affected by the project (e.g. congestion, percentage of truck traffic, Safety, increased traffic ([DI), access requirements). Based upon 275 employees we expect 690 additional daily trips to West 78th Street (based on 2.5 trips per employee . day). This load would be evenly distributed over County Road 18, Highway 169/212, and Interstate 494. Interchanges at 1-494 and County Road 18 and at 78th Street and Schooner Blvd, are currently being improved which will enhance the traffic handling capacity of West 78th Street. 2. Is mass transit available to the site? x NO YES 3. What measures, including transit and paratransit services, arc pl: med to reduce adverse impacts? . Proponent.. .is investigating car and van pooling and will work with other corporations on West 78th Street to explore transit alternatives. proponent will also investigate transit alterna- tives that become available into Eden Prairie Center. in- i i '1 (e'e J. PLANNING, LAND USE, COMMUNITY SERVICES I. Is the project consistent with local and/or regional compreh e n s i v e p l a n s ? If not, explain: NO x YES Project is consistent with City Guide Plan. If a zoning change or special use permit is necessary, indicat e e x i s t i n g zoning and change requested. Site is presently zoned Industrial. Proponent is requesting rezonin g to Office District. 2. Will the type or height of the project conflict with the characte r o f t h e existing nrighlwhood? x NO YES If yes, explain type of development and specify any measures to be u s e d t o reduce conflicts. 3. How many employees will move into the area to be near the project? N o n e How such housing will be needed? None Anticipated 4. Will the project induce development, nearby--either support servi c e s o r similar developments? x NO _YES If yes, explain typo of development and specify any other countie s a n d m u n i c i - palities affected. Since Chorine is presently located near site (see Question 11).G.3.e.) WC do not anticipate any employee moves until office staff reaehos 175 to 200 employees. Housing units are currently av a i l a b l e i n crea. 5. Is there .sufficient capacity in the following public services to handle t h e project and any associated growth? Amount required rv I CO for i i 0 ect Sufficient capacity? Water 20,000 gal/da Yes Wastewater treatment 20,000 gal/da Yes Seviellleareet_io_building Schools 200 feet Yes N.A. pupils 15 ton/mm' N.A. Yes Solid waste disposal Streets 0 miles Yes Other (police, fire, etc) No additional Yes If current majoc .public facilities are not adequate, do existing local plans call for expansion, or is expansion necessary strictly for t h i s one project and its associated impacts? This project is consistent with city growth plans. 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 potentially hazardous or toxic liquids, solids, on gaseous substances such as pesticides, radioactive wastes, poisons, etc? x NO . YES If yes, please specify the substance and rate of usage and any eriares to be taken to Minimize adverse environmental impacts from accidents. B. When the project has served its useful life, will retirement of the . facility require special measures or plans? x NO YES If yes, specify: K. HISTORIC RESOURCES I. Are there any structures on the site older than 50 years or on federal or state historical registers? xN0 YES 2. Have any arreAeads, pottery or other evidence of prehistoric or early settlement been found on the site? . xN0 , YES Might any known archaeoligic or palentological sites be -affected by the activity? xN0 YES 3. List any site or structure identified in I and 2 and explain any Imp cc On them. L. OTHER ENVIRONMENTAL CONCERNS Describe any oilier major environmental effects which may not have been identified in the previous sections. None III.01HER MITIGATIVE MEASURES Briefly describe mitigative measures proposed to reduce or eliminate potential adverse impacts that have not been described before. Erosion control plans must be approved by the Nine Mile Watershed District. City Staff review of all public facilities and utilities, building permits, etc. City Staff field review of all public works construction. V. FINDINGS The project is a private ( X) governmental ( ) action. The Responsible Agency (Person), after consideration of the informat -ion in this EAW, and the factors in Minn. Reg. I•ECIC 25, makes the following findings. I. The project is ( ) is not( X) a major action. State reasons: 2. The project does ( ) does not (N) 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 tutu CERTIFICATION NOTE: A Negative ftclaration or [IS Preirration Notice is not officially filed until the date of publication of the notice is the LOC Monitor section of the Minnesota State Regisierl. Suirdlittal of the EAR to the LiiC constitutes a request for 'iTublication of notice in the [QC Monitor. A. I, the undersigned, am either the authorized representative of the Responsibi Agency or the Responsible Person identified below. Based on the above findil, the Responsible Agency (Person) makes the following conclusions. (Complete either I or 2). 1. X NEGATIVE OLCLARATION NOTICE No EIS is needed on this reject, 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. -13— 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 MLQC Rules provide that physical construction or operation of 1: project must stop when an EIS is required. In special circumstanc ,, the ME.QC can 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 reasors . b. Date Draft EIS will be submitted: 7110 I—l-M1 (day) (MEIC Rules require that the Draft EIS be submitted within 170 dy of publication of the US Preparation Notice in the Nu. Monitor. , special circumstances prevent compliance with this tir ,, NraTa written request for extension explaining the reasons for the rogu e s must be submitted to thz LQC Chairman.) C. The Draft EIS will be prepared by (list Responsible Agency(s) or Person(s): Carl J. Jullie, City Manager Title Date B. Attach an affidavit certifying the date that copies of this [All w e r e m a i l e d to all points on the official [QC distribution list, to the city a n d c o u n t y directly impacted, and to adjacent counties or municipalities like l y t o b e directly impacted by the proposed action (refer to question 111. J . 4 o n p a g e 11 of the LAW). The affidavit need be attached only to the copy o f t h e L A W which is sent to the LQC. C. Billing procedures for [QC Monitor Publication State agency ,' Attach to the EAU sent to the EQC a completed OSR 100 ONLY: form (State Register General Order form—available a t Central Stores). for instructions, pleise contact your Agency's Liaison Officer to the State Register or the Office of State Register--(612) 29;J-1:239. -14- Cherne Contracting Corp. - EAW CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 82-223 A RESOLUTION FINDING THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR CHERNE CONTRACTING CORP. A PRIVATE ACTION DOES NOT REQUIRE AN ENVIRONMENTAL IMPACT STATEMENT WHEREAS, the City Council of Eden Prairie did hold a hearing on September 21, 1982 to consider the Cherne Contracting Corporation proposal, and WHEREAS, said development is located on approximately 17.43 acres of land in eastern Eden Prairie, and WHEREAS, the Eden Prairie Planning Commission did hold a public hearing on the Cherne Contracting Corp. request and did recommend approval of the Environmental Assessment Worksheet finding of no significant impact, NOW THEREFORE, be it resolved by the Eden Prairie City Council that an Environmental Impact Statement is not necessary for Cherne Contracting Corporation tecausa tho 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. Franc, City Clerk . SEAL • CITY OF EDEN PRAIRIE , HENNEPIN COUNTY,. MINNESOTA RESOLUTION NO. 82-224 RESOLUTION APPROVING THE PRELIMINARY PLAT OF CHERNE CONTRACTING CORPORATION BE IT RESOLVED by the Eden Prairie City Council as follows : That the preliminary plat of Cherne Contracting Corp. dated June 23, 1982 , a copy of which is on file at the CityHall and amended as follows: is found to be in conformance with the provisions of the E d e n P r a i r i e Zoning and Platting ordinances and amendments thereto and is h e r e i n approved. . ADOPTED by the Eden Prairie City Council on the -‘ day of 19 . • Wolfgang H. Penzel, Mayor John D. Franc, City Clerk SEAL September-21, 1982 ;TATE OF MINNESOTA IT - EDEN PRAIRIE :OUN. OF HENNEPIN rhe following accounts were audited and allowed as follows: September rent Service Instructor-Fitness class Postage-Utility bills Liquor Liquor Wine Wine Wine Liquor Liquor Freight charges Insurance Insurance Insurance Insurance Insurance Insurance Expenses Payroll Payroll Payroll Payroll Payroll Payroll Dues Payroll Service-Public Safety Building Packet delivery Land-Edenvale Park East Expenses-Senior Citizens Liquor Liquor sLiquor Liquor Wine Postage-Public Safety Fuel Beer Beer Mixes Beer Beer Mixes Beer Beer Beer Mixes 3386 VOID OUT CHECK 3480 VOID OUT CHECK 3563 VOID OUT CHECK 3718 SUPPLEE'S 7 HI ENTERPRISES, INC. 3719 HENNEPIN COUNTY SUPPORT 3720 RALPH KRATOCHVIL 3721 HOPKINS POSTMASTER 3722 JOHNSD'i BROTHERS WHOLESALE 3723 INTERCONEINENTAL PACKAGING 3724 ED. PHILLIPS & SONS CO. 3725 TWIN CITY WINE CO. 3726 GRIGGS, COOPER & CO., INC. 3727 MINNESOTA DISTILLERS, INC. 3728 BELLBOY CORPORATION 3729 NELSON ENTERPRISES 3730 HMO SERVICES 3731 BLUE CROSS INSURANCE 3732 MEDCENTER HEALTH PLAN 3733 PHYSICIANS HEALTH PLAN 3734 GROUP HEALTH PLAN INC. 373 1:1 F.STERN LIFE INSURANCF 3i36 rif CHEESE SHOP 3737 FEDERAL RESERVE BANK 3738 COMMISSIONER OF REVENUE 3739 AETNA LIFE INSURANCE 3740 MINNESOTA STATE RETIREMENT 3741 GREAT WEST LIFE ASSURANCE 3742 UNITED WAY OF MINNEAPOLIS 3743 INTERNATIONAL UNION OF OPERATING 3744 PERA 3745 NORTHERN STATES POWER COMPANY 3746 DANA GIBBS 3747 EQUITABLE LIFE ASSURANCE 3748 MY CHEESE SHOP 3749 ED. PHILLIPS & SONS CO. 3750 OLD PEORIA COMPANY, INC. 3751 JOHNSON BROTHERS WHOLESALE 3752 GRIGGS, COOPER & CO., INC. 3753 TWIN CITY WINE CO. 3754 U.S. POSTMASTER 3755 AMOCO OIL COMPANY 3756 BEER WHOLESALERS, INC. 3757 CITY CLUB DISTRIBUTING 3758 COCA-COLA BOTTLING CO. 375^ DAY DISTRIBUTING CO. 37t EAST SIDE BEVERAGE CO. 3761 GOLD MEDAL BEVERAGE 3762 KIRSCH DISTRIBUTING 3763 A.J. OGLE CO., INC. 3764 A.J. OGLE CO., INC. 3765 PEPSI-COLA/7 UP BOTTLING $ (36,412.74' (835.0W (2,834.00 3,159.71 80.00 95.00 1,094.10 225.65 232.33 3,263.22 1,233.54 3,079.58 1,074.06 1,731.15 16.20 524.10 820.18 2,641.75 8,093.91 1,377.06 297.56 16,465.77 7,458.45 101.00 40.00 2,385.00 72.50 392.00 12,616.06 420.00 91.00 42,170.73 15.75 2,530.38 2,417.97 930.89 2,863.40 197.21 185.00 9,528.30 8,194.21, 4,092.80 657.4 ,1 9,956.59 111.60 244.55 287.30 793.3/ 737.(x) age two •eptember 21, 1982 Beer 10,902.71 Service-P/S & P/W Building 185,265.00 Service-City West Parkway 280,510.4 0 Service-I-494 Bypass at Prairie Center Drive 349,442.13 Service-West 69th Street 25,896.1 0 Service-Martin Drive Drainage 11,116.65 7 3798 BROCK WHITE COMPANY 3759 ANDREA BROSCH 3800 - BROWN PHOTO 3801 BRYAN ROCK PRODUCTS, INC. 3802 ROZ BURNSTEIN 3303 BUTCH'S BAR SUPPLY 3804 CHANHASSEN BUMPER TO BUMPER 3305 JAMES G. CLARK 3306 CLUTCH & U-JOINT BURNSVILLE .3807 CONSTRUCTION MATERIALS, INC. 3303 COMMUNITY EDUCATION 3309 COPY EQUIPMENT INC. 33 CUTLER-MAGNER COMPANY 331, WARD F. DAHLBERG 3812 DALCO 3813 ALBERT FAY 3314 DORHOLT PRINTING/STATIONERY 3315 DRISKILL'S SUPER YALU Service-Valley Place Office Pk & Frani° Rd. Service-Valley View Road, Schooner Blvd., 269,991.35 Topview Road Service-Bennett Place 5,337.15 Service-Schooner Blvd S.W. & W 78th St. 371,921.50 Service-Westwood Industrial Park 127,465.80 Service-Kilmer Ave., & Atherton Way 11,439.90 Service-Autumn Woods Addition 22,935.36 Service-Mitchell Lake Estates 2nd Addition 30,109.49 Service-Storage Reservoir & Watermain 58,391.75 Service-Technology Drive & Mitchell Road 293,118.31 Office supplies 421.79 Blacktop 264.60 Service-L/S Preserve 8.65 Service 75.00 Bond Payment 218.73 Subscription-Planning Dept. 156.00 Book-Planning Dept. 11.75 Supplies-Water Dept. 95.04 Street signs 1,296.78 Portable restrooms 81.50 Equipment parts 15.67 Supplies-Leisure Challenge 135.00 Trash barrels-Park Maintenance 120.00 Pumps-Police Dept. 91.49 Equipment parts-County Road 1 Biketrail 232.80 Service-Viking Press Bldg., Atherton & Kilmer 11,264.84 Ave., Carlson Drive, Autumn Woods, P/S Bldg. Mitchell Road & Hwy 5, West 76th Street, Franlo Road, Schooner Blvd, Curbing compound 25.50 Instructor-Racquetball 60.00 Film 127.10 Jock 1,533.47 Expenses 4.71 Supplies-Liquor Stores 111.81 Equipment repair & parts 1,016.38 Expenses 25.30 Equipment parts 170.77 Parts 38.00 Expenses-Rec Dept. 16.00 Paint-Engineering Dept. 4.55 Quicklime-Water Dept. 1,850.03 Mileage 80.00 Cleaning supplies-Community Center 571.00 Softball official 220.00 Office supplies 12.20 Expenses-Rec Dept. 423.36 766 THORPE DISTRIBUTING CO. 1767 ARKAY CONSTRUCTION COMPANY 1768 BARBAROSSA & SONS INC. 1769 BUESING BROTHERS TRUCKING INC. 1770 CENTRAL LANDSCAPING, INC. 1771 S.M. HENTGES & SONS EXC. 1772 RICHARD KNUTSON, INC. 1773 RICHARD KNUTSON, INC. 3774 RICHARD KNUTSON, INC. 3775 NORTHDALE CONSTRUCTION CO. 3776 NORTHDALE CONSTRUCTION CO. 3777 0 & P CONTRACTING, INC. 3778 0 & P CONTRACTING, INC. 3779 0 & P CONTRACTING, INC. 3780 PITTSBURG- DES ro1NEs CORPORATION 3781 PROGRESSIVE CONTRACTORS, INC. 3782 ACRO-MINNESOTA, INC. 3783 APPLE VALLEY RED-E-MIX, INC. 3784 AMERICAN LINEN SUPPLY CO. 3785 AMERICAN NATIONAL BANK & TRUST CO. 3736 AMERICAN NATIONAL BAMK 3787 AMERICAN PLANNING ASSOCIATION 316'' AMERICAN PLANNING ASSOCIATION 378. AMERICAN SCIENTITIC P4',300CTS 3790 EARL F. ANDERSEN & ASSOCIATES 3791 AQUAZYME MIDWEST 3792 ASTLEFORD EQUIPMENT CO., INC. 3793 B & B SUPPLY COMPANY 3794 DARRELL RECONDITIONER 3795 [OTOS PRODUCTS COMPANY 3796 BLADHOLM BROTHERS 3797 BRAUN ENGINEERING TESTING 'age three September 21, 1982 3816 EDEN PRAIRIE SANITATION CO. 3817 EDEN PRAIRIE SCHOOL DISTRICT 3818 CITY OF EDINA 3819 ELK RIVER CONCRETE PRODUCTS 3820 EMPIRE-CROWN/AU10, INC. 3821 FEED-RITE CONTROLS INC. 3822 FINANCE MANAGER 3823 FINLEY BROS. ENTERPRISES 3824 FLOYD SECURITY 3825 FLYING CLOUD SANITARY LANDFILL 3826 JAN FLYNN 3827 FRONTIER LUMBER & HARDWARE 3828 G & K SERVICES 3829 GENERAL COMMUNICATIONS, INC. 3870 GOPHER SIGN CO. 3831 DALE GREEN CO. 3832 GUNNAR ELECTRIC COMPANY INC. 3833 HACH 3834 HALLOCK COMPANY, INC. 3835 JENNY HANSEN 3836 HANSEN THORP & PELLINEN, INC. 3837 HARMON GLASS 3838 KAREN HARRIS-JALZERCISE, INC. PflYSnS HFSShAN 33 -40 HOBOC, INC. 3841 HOIGAARD'S 3342 HOPKINS DODGE SALES, INC. 3843 HOPKINS PARTS CO. 3844 HYDRAULIC SPECIALTY COMPANY 3845 HENNEPIN COUNTY DIRECTOR 3846 INDUSTRIAL LIGHTING SUPPLY, INC. 3847 INGRAM EXCAVATING 3848 JEAN JOHNSON 3849 JUSTUS LUMBER COMPANY 3850 KARULF HARDWARE 3851 KLEVE HEATING & AIR CONDITIONINGL 3852 KOHLER MIX SPECIALTIES 3853 KRAEMER'S HOME CENTER 3854 M.E. LANE, INC. 3855 LANG, PAULY & GREGERSON, LTD. 3856 LATHROP PAINT SUPPLY CO. 3857 LEEF BROTHERS INC. 3858 LINHOFF COLOR PHOTO LABORATORY 38 LYMAN LUMBER COMPANY 38 M.P.H. INDUSTRIES, INC. 3861 WATT'S AUTO SERVICE, INC. 3862 MARK MENTH SOD & BLACK DIRT 3863 MEDICAL OXYGEN & EQUIPMENT CO. 3864 MERIT PRINTING August service 240.00 August service 1,074.01 Tests 85.00 Parts-Drainage 82.00 Equipment parts 109.34 Sulfate-Water Dept. 3,525.00 Label-Election 20.46 Horseshoe courts 5,679.00 Alarm system-Liquor Store Prairie Village Mall 30.00 Lime Sludge disposal 600.00 Clean air machine-Senior Citiz2ns 29.98 Lumber-Water Dept., Street Maintenance 326.40 Service 65.80 Equipment parts 316.96 Paint-Water Dept. 104.30 Black dirt 21.00 Service-Senior Citizens 152.24 Chemicals-Water Dept 102.87 Equipment repair & parts-Water Dept. 43.52 Refund-Gymnastics 22.00 Service-Community Center 289.39 Replace windshi....ld 160.82 Instructor-Exercise class 412.00 Refund-Fitness class 19.00 Repair chimneys-Grill House 2,375.00 Canvas-Fire Dept. 32.83 Equipment repair & parts 46.66 Equipment parts 49.78 Equipment repair & parts 385.00 Equipment rental-Forestry Dept. 4,514.95 Lights-Water Dept. 33.35 Service 5,071.00 Expenses-Planning Dept. 28.98 Lumber 269.64 Concrete, trowel, keys, funnels, tape, brushes, 786.40 bolts & nuts, batteries, wrench, bug spray, bulbs, grass seed, hose, coolers, gas can, saw blade, chain, clamps, rope, caulk, sandpaper, nails, gloves, calculator, paint , Furnace-Staring Lake Park 1,150.00 Ice Milk-Round Lake 149.60 Paint, pipe, hose reel 195.75 Insurance 11,268.00 legal service 6,133.45 Paint-Park Maintenance 5.53 Service 238.44 Slides 51.00 .Lumber 98.01 Radar equipment-Police Dept. 883.20 Towing service 50.00 Sod-Round Lake Park 562.50 Oxygen 74.24 . Printing-Building Dept. 118.34 . Ige four :ptr ,r 21, 1982 365 METROPOLITAN FIRE EQUIPMENT 366 MIDLAND PRODUCTS COMPANY 867 MIDWEST ASPHALT CORPORATION 868 MINNESOTA BAR SUPPLY, INC. 869 MINNESOTA CASH REGISTER CO. 870 MINNESOTA GAS COMPANY 871 MINNESOTA STATE DOCUMENTS 872 MRPA •73 MINNESOTA WANNER COMPANY 874 MODERN TIRE CO. 875 MOTOROLA INC. 276 NORTHERN STATES POWER 877 NORTHWESTERN BELL TELEPHONE 878 NORTHWESTERN NATIONAL BANK 879 OCHS BRICK & TILE COMPANY 880 OLIN WATER SERVICES 881 CHRIS PALM-JAllERCISE INC. 882 W.G. PEARSON, INC. 883 PEPSI COLA BOTTLING CO. 884 PERBIX, HARVEY & THORFINNSON 3885 PRAIRIE ELECTRIC COMPANY, INC. 3886 REED'S SALES & SERVILE 388' R CM 3888 ROBERTS DRUG 3889 ST. REGIS PAPER COMPANY 3890 SPS COMPANIES, INC. 3891 SAILOR NEWSPAPERS, INC. 3892 WAYNE R. SANDERS 3893 SATELLITE INDUSTRIES, INC. 3894 SCHERER BROS. LUMBER CO. 3895 SCHMIDT READY-MIX, INC. 3896 STEVEN R. SINELL 3897 W. GORDON SMITH CO. 3898 SON OF A PRINTER 3899 SOUTHWEST SUBURBAN PUBLISHING 3900 SUPPLEE ENTERPRISES, INC. 3901 TARGET STORES 3902 CARRIE TIETZ 3903 TOOL SUPPLY, INC. 3904 TURF SUPPLY COMPANY 3905 TWIN CITY NOVELTY 3906 VALLEY EQUIPMENT CO. -3907 VAN WATERS & ROGERS 3908 VESSCO, INC. 39" VIKING STEEL PRODUCTS, INC. WALDOR PUMP & EQUIPMENT 3911 WATER PRODUCTS COMPANY 3912 WEAVER ELECTRIC CO., INC. 3913 PAUL WEIGENANT 3914 WEST CENTRAL INDUSTRIES, INC. 3915 ROBERT WOJACK Chemicals-Fire Dept. Concession stand supplies Blacktop Mix-Liquor Store Prairie Village Mall Maintenance agreement-US Preserve Service Book-Planning Dept. Fee-Softball tournament Equipment parts Equipment parts Equipment parts-Radio program Service Service Bond payment Cement-Park Maintenance Chemicals-Water Dept. Instructor-Exercise classes Rock-Park Maintenance Pop-Community Center Legal service Service-Round Lake Equipment parts-Park Maintenance Service-Westwood Ind. Park, Autumn Woods, Homeward Hills Road, Schooner Blvd., Meadow Park Supplies-Rec Dept. Culvert Supplies-Public Works Building Ads-Liquor Stores Expenses Portable restrooms Lumber-Park Maintenance Concrete Expenses Fuel, oil, fluid, hose clamps Printing-Rec Dept. Legal ads Supplies-Liquor Stores/Preserve s Supplies-Day Camp Service Ladder rack-Water Dept. Grass seed-Park Maintenance Refund-Mechanical Games Pipe, muffler Chlorine-Water Dept. Service-Water Dept. Supplies-County Road 1 Biketrail Equipment repair Equipment parts Service-Community Center Softball official Stakes-Engineering Dept. Refund-Membership iiT)\ 101.35 195.00 3,037.58 24.75 886.80 221.71 10.00 130.00 7.50 393.83 224.85 12,412.16 3,641.61 178,206.80 46.00 710.60 1,366.00 32.76 67.25 243.69 148.00 33.47 38,620.41 122.48 76.48 60.88 125.40 40.00 325.00 758.60 481.14 10.00 3,311.6:) 8.18 340.55 16.56 48.69 7.80 90.00 2,957.70 300.00 131.69 358.20 165.00 410.50 306.30 38.39 22.00 440.90 22.00 i Page five September 21, 1982 3916 XEROX CORPORATION 3917 JIM 7AIC 3818 ZIEGLER INC. 3919 SCHAAK ELECTRONICS 3920 JACK HACKING 3921 HEALTH EDUCATION SERVICE 3922 MENARDS, INC. 3923 PETTY CASH-PUBLIC SAFETY 3924 NIKKI L. ANDERSON 3925 RITA L. ANDERSON 3926 PRISCILLA A. BAILEY 3927 JUDITH E. BAKER 3928 ADELINE M. BRAMWELL 3929 JEANNE BRANDT 3930 CHERYL BRIDGE 3931 ROBERTA BRONSON 3932 CAROL BURNETT 3933 DAWN BUSCH 3934 MARGARET M. BYE 3935 MILDRED H. CLARK 3936 LOUISE J. DOUGHTY 3937 PERRY FORSTER 3938 VIRGINIA K. GARTNER 3:7 JINNY GIBSON 39i, CHERYL GLISMNSKI 3941 SUSAN GOERTEL 3942 GLADYS GRANNES 3943 CHERYL HANSEN 3944 CAROL HEGGE 3945 BARBARA F. HIGGINS 3946 ALLENE HOOKOM 3947 BILL JELLISON 3948 SHIRLEY JELLISON 3949 LINDA JIRAN 3950 BARBARA JOHNSON 3951 DORIS JOHNSON 3952 VIOLA M. JOHNSON 3953 SUE A. KELLER 3954 DELORES KLEIN 3955 MARGARET KRUGER 3956 SUZANNE K. LANE 3957 CATHERINE L. LARSON 3958 GLORIA A. LAYER 3959 SHARON LYNCH .3960 ANN H. MAYS 3961 VIOLA E. MCLAIN 3962 MARION L. NESBITT 3963 ANN PARKER 39 AURELIA A. RASINSKI 39u. LEO RASINSKI 3966 EVELYN ROGERS 3967 SONDRA SCHARR 3968 MILLIE SCHULTZ 3969 DOROTHY J. SWANSON Service Expenses-Building Dept. Hose-Street Maintenance Phonemate-Senior Citizens Expenses Books-Water Dept. Right of way-Engineering Dept. Postage Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge .Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge Election judge 1 1) 228.28 10.00 10.10 219.00 9.75 16.00 27,037.50 6.50 68.00 68.00 70.00 70.00 68.00 70.00 70.00 68.00 72.00 66.75 46.00 77.50 64.00 16.00 68.00 75.50 7. 70.00 70.00 68.00 72.00 70.00 70.00 66.75 77.50 66.75 68.00 77.50 64.00 60.00 68.00 68.00 73.50 70.00 66.75 75.50 70.00 68.00 70.00 66.00 68.00 16.00 68.00 70.00 68.00 66.P.) Page six Sept -4)er 21, 1982 3970 MAVONNE TREPTOW Election judge 72.00 3971 MARY UPTON Election judge 64.00 3972 BARBARA VANDERPLOEG Election judge 77.50 3973 EDNA WALKER Election judge 79.50 3974 ANN WILSON Election judge 66.75 3975 JO ANN WRONSKI Election judge 70.00 3976 GRETTA B. ZUMBERGE Election judge 64.00 TOTAL —2FG,067.60 City of Eden Prairie, Minnesota APPLICATION FOR A SPECIAL PERMIT FOR DRIVING TRUCKS ON PART OF SMETANA ROAD 1. APPLICANTS Name: William G. Pearson and W. G. Pearson, Inc. Address: 7600 Washington Avenue South Eden Prairie, Minnesota Telephone No.: 941-2580 2. DESCRIPTION AND LOCATION OF REQUESTED SPECIAL PERMIT: The only access to the Pearson gravel pit from the West is located on Smetana Road less than 100 feet Southerly of its intersection with Valley View Road (Co. Rd. 39), as shown on the attached map, Exhibit A. Trucks of various contractors need to use this access to haul sand and gravel for the construction of the Ring Road. These trucks would travel on Smetana Road for a stretch of less than 100 feet (see attached Exhibit A), and their operation would be restricted to designated hours (9:00 A.M. to 4:30 P.M.). 3. CITY ORDINANCES APPLICABLE: Eden Prairie Ordinance No. 103 (8/22/67) 4. ROAD DAMAGE: Smetana Road is presently only a gravel road, and no damage to said Southerly 100 feet of.9thetana road is anticipated from its use by said trucks. However, applicants are willing to enter into an agreement to pay for any damages tu Smetana Road caused by said trucks. 5. PROMPT ACTION REQUESTED. Ordinance No. 103 states that the special permit may be issued by the Village Clerk. If, however, it is necessary to have this G. PEARSON AND ARSON, INC. )44-frteCt .e( OLD R. BUNDL E, Attorney 548 West Parkdale Plaza Bldg. 1660 South Hwy. 100 Minneapolis, Minnesota 55416 Telephone: (612) 542-8200 WILLI W. G BY: Application presented to the City Council for approval, then we request that the matter be put on for hearing on September 21, 1982, or earlier, if possible. Time is of the essence in this matter, since the unavailability of the use of the Smetana Road access will cause unnecessary delay and expense. DATED: September 9, 1982 APPLICANTS: -2- . ve • 0 , XIBT 4re • KAQ.504 rgorGrary (3-4t) VILLAGE OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 103 AN ORDINANCE REGULATING THE USE CF HIGHWAYS, STREETS, ROADS, ALLEYS, BOULEVARDS AND AVENUES WITHIN THE VILLAGE OF EDEN PRAIRIE IMPOSING PENALTIES FOR THE VIOLATION THERECF. The Village Council of the Village of Eden Prairie does hereby ordain as follows: Section I. Definitions. (a) Truck means any vehicle, the gross weight of which exceed. 7,000 pounds, shall be termed a truck under the terms of this ordinance. (b) GP.aseeWe'40...7..1eans Gross weight shall be defined as the combined weight of vehicle and load. Where licensing provisions require that the gross weight be printed on the truck, this printed weight shall be the gross weight. (c) 1:trcct moon:. s'ny street, avenue, alley or other puhlic wn , interded for the travel of vehicles shall be defined as a street. Section 2. Restrictions. No truck shall travel on any street in the Village of Eden Prairie except on thoce streets hereinafter designated as truck routes, with the excep- tion of vehicles specifically designated herein. Section 3. Truck Routes, Truck routes in the Village of Eden Prairie shall consist of Tri-e following streets: (a) All designated U. S. Highways within the Village limits of the Village of Eden Prairie. (b) All designated State Highways within the Village limits of the Village of Eden prairie. (c) All designated County Highways within the Village limits of the Village of Eden Prairie. Section 4. Exceptions. The provisions of this ordinance shall not apply to the following vehicles: (a) School buses when engaged in the act of transporting pupils to or from school. (b) Emergency vehicles. (c) Trucks belonging to the Village of Eden Prairie. a Le. avid W. Osterholt. Mayor of fhe (d) Trucks belonging to utility companies when actually engaged in the construction or repair of utility company facilities. (e) Trucks delivering retail merchandise to homes on regular routes. (f) Trucks securing a special permit to travel upon village streets from the Village Clerk as provided hereafter. Section 5. Special Permits. Speci'al permits may be obtained at the Village Hall, from the Village Clerk, for travel upon the village streets with tiucks in excess of the weight limits imposed herein in the following manner: By submitting to the Village Clerk an application containing the following information: .(a) Name of firm or person owning truck. (b) Gross Weight of truck. (c) Village street or streets for which permit is desired. (d) Time at which desired trip is to be made. Upon submicsion of such an application, together with an agreement to oav for any damage caused to the village ,treets because of the travel thereon by the said truck or trucks, a special permit may be issued by the Village Clerk. Section 6. Posting. The Village Clerk shall cause to be posted within the Village appropriate signs designating the truck routes established herein. Section 7. Penalty Clause. Any person violating any of the provisions of this ordinance, shall be guilty of a misdemeanor. First read at a regular meeting of the Council of the Village of Eden Prairie this day of ( .1967, and finally read, adopted and ordered() publishi7i—W—a regular meeting of the Council of said village on this day of 4— l967. Village of Eden Prairie Attcs n ROF3ERT H. r\r1f c1,1rrI rill( • -Nr -Ir ir — 6 -1.tQ2.1LAVUL.:.4:1zr4.) Bbilihns new ideas JH our oh! traihti011. Mayor and City Council Members City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 September 16, 1982 Dear Mayor and City Council Members: Robert H. Mason Homes has submitted a PUD for Red R o c k R a n c h , a 1 5 0 a c r e r e s i d e n t i a l project located cast and south of Red Rock Lake. For o v e r o n e y e a r w e h a v e w o r k e d with neighbors, city staff and technical consultants t o d e v e l o p a p l a n w e a r e p r o u d to submit to the City of Eden Prairie. I ask that th e C i t y C o u n c i l f o r w a r d t h e E A W for Red Rock Ranch with its finding of a Negative De c l a r a t i o n N o t i c e t o t h e S t a t e Environmental Quality Board before September 27, 1982. I am very concerned about having to request such a ch a n g e i n C i t y p r o c e d u r e , b u t because of a recent change in State environmental re v i e w r u l e s m y p r o j e c t , R e d R o c k Ranch, is being placed in an impossible situation. B r i e f l y , i f t h e E A W i s n o t s u b - mitted to the EQb by September 27, 1982, the Red Poc k R a n c h p r o j e c t w i l l b e r e q u i r e d to have an EIS prepared regardless of the City's find i n g t h r o u g h t h e P U D r e v i e w process. The fact is that we at Robert Mason Homes h a v e b e e n w o r k i n g w i t h t h e c i t y staff, watershed district statt and the neignoornood r e s i o e n t s f o r o v e r a y e a r i n an effort to develop a plan that reflects neighborhoo d c o n c e r n s a n d t h e n e e d s o f the city. I would agree to preparation of a voluntary EIS afte r f u l l C i t y r e v i e w o f o u r project if the City Council finds that the Red Rock R a n c h p r o j e c t h a s s i g n i f i c a n t environmental impacts. I am convinced that the City o f E d e n P r a i r i e s h o u l d h a v e the authority to review and require, if necessary, EI S p r e p a r a t i o n . The city staff has been very helpful in allowing us t o r e q u e s t y o u r c o n s i d e r a t i o n on this unique and critically important matter for o u r R e d R o c k R a n c h p r o j e c t . I will be attending the September 21st meeting to a n s w e r a n y q u e s t i o n s t h a t y o u may have concerning our project or this request. Thank you for your consideration. Sincerely, • '` Robert H. Mason RHM:RP:lj 14201 EXCELSIOR BLVD. • MINNETONKA, MN 55343 • 612.935-3486 1Frilif17;i) ftwom. !, ROMERT H. :JUN- NI1r -,71 ( Building 11111. Melt% is our old tradition. To: Red Rock Property Owners Committee From: Bob Mason Dick Putnam Date: September 16, 1982 Subject: Request for City Council consideration of LAW, copy of PUD Booklet and Meeting Schedule Dick and I wanted to update you on our progress on Red Rock Ranch. First of all we have submitted our PUD Plan to the city earlier this month. We made several changes which were suggested at our July 30th meeting. We have shown a southerly access to Cedar Ridge, or a cul-de-sac of Corral Lane. Also we will see if a larger buffer space to be planted along the proposed condo site J be included in the plan. We did not delete the park because we think the park is a city requirement that is a reasonable idea. I have included a copy of our submission booklet for you and your neighbors review. Larger scale mapc arc availablc from Dick if you desire. We would appreciate hearing any comments or questions you may have. Please give Dick or me a call. (941-1070). Lastly, I have included a copy of a letter requesting consideration by the Eden Prairie City Council of an EAW notice at their September 21st meeting (next Tuesday). As the letter explains, we are"between a rock and a hard place" due to the rules change by the State agency. If you are confused, concerned or just have a question, please give Dick Putnam a call (941-1070). It is very important to us to continue with Red Rock Ranch through city process. Our next meeting for our PUD Plan consideration sill he October 12th, before the Planning Commission. Give Dick a call for the time we expect to be on the agenda. Thanks again for your interest and help. Sincerely, 47 , //k., Robert H. Mason PHM:RP:1j encl: Booklet RRR Letter to City Council 14201 EXCELSIOR BLVD. • MINNETONKA, MN 55343 • 612.935-3486 1:13 MINNESOTA ENVIRONMENTAL QUALITY COUNCIL ENVIRONMENTAL ASSESSMENT WORKSHEET (LAW) AND NOTICE OF FINDINGS DO NOT WRITE IN THIS SPACE E.R.# NOTE: The purpose of the Environmental Assessment W o r k s h e e t ( L A W ) i s t o p r o v i d e information on a project so that one can assess rap i d l y w h e t h e r o r n o t t h e project requires an Environmental Impact Statement . A t t a c h a d d i t i o n a l pages, charts, maps, etc., as needed to answer thes e q u e s t i o n s . Y o u r answers should be as specific as possible. Indicate which answers are estimated. I. SUMMARY A. ACIIVITY FINDING BY RESPONSIBLE AGENCY (PERSON) rx71 Negative Declaration (No FIS) EIS Preparation Notice (EIS Requi B. ACTIVITY IDENTIFICATION 1. Project name or title Red Rock Ranch 2. Project proposer(s) Robert H. Mason Homes, Inc. Add ress. 14n1 Excelsior Blvd.. Minnetonka. MN 55343 Telephone Number and Area Code ( 612 ) 935-3486 3. Responsible Agency or Person City of Eden Prairie Address 8950 Eden Prairie Road, Eden Prairie, MN 55344 Pei-son in Responsible Agency (Person) to contact for further inf o r m a t i o n on this LAW: Chris Enger Telephone1612) 937-2262 4. This LAW and other supporting documentation are av a i l a b l e f o r p u b l i c i n - spection and/or copying at: Location Eden Prairie City Hall Telephone ( 612) 937 7 2262 HourSBam-4:30pm 5. Reason for LAW Prepration Mandatory Category -cite MEQC Rule number(s) ++more than 500 residential in sewered area cc. 40 ac.+ residential, part within a floodplain uu 50+ residential units, part within a shoreland F --1 Petition El Other C. ACTIVITY DESCRIPTION SUMMARY 1. Project Location County Hennepin City/Township name *Eden Prairie .Township number . 116 .(North), Range Number. 22 East or West (circlt- Section number(s). Street address (if in city) or legal description: Type and scope of proposed project: Residential development on 150 acres containing approximately 800 attached and approximately 65 unattached housing units. Streets and utilities will be extended accordingly to the cities comprehensive plan over the next 5 years. 3. Estimated starting date (month/year) yj4 4. Estimated completion date (month/year) Janqary .,_1990 5. Estimated construction cost $1.4 million develoonent cost, 5501 milliun retail sale price 6. List any federal funding involved and known permits or approvals needed from each unit of government and status of each: Status Unit of Government (federal, state regional, local) Name or Type of Permit/Approval or Federal Funding VA/FHA Si {{1)nn Eden Prairie Pl. Attnl rt-.1111rtff ir nLit Pending Upon completion of City. Riley/Purgatory Cred, Watershed Dist, .0.11i..11 - EQB El Pending Pending 7. If federal permits, funding or approvals are involved, will a federal EIS be prepared under the National Environmental Policy Act? )(NO YES UNKNOn II. ACTIVITY DESCRIPTION A. Include the following maps or drawings: 1. A map showing the regional location of the pro j e c t . ( a t t a c h e d ) . 2. An original 8 11 x 11 section of a U.S.G.S. 7 minute, 1:24,000 scale map with the activity or project area boundar i e s a n d s i t e l a y o u t delineated. Indicate quadrangle sheet name. ( O r i g i n a l U . S . G . S . s h e e t must be maintained by Responsible Agency; leg i b l e c o p i e s m a y b e s u p p l i e d to other LAW distribution points) attached. 3. A sketch map of the site showing location of s t r u c t u r e s i n c l u d i n g significant natural features (water bodies, r o a d s , e t c . ) a t t a c h e d . 4. Current photos of the site must be maintained b y t h e R e s p o n s i b l e A g e n c y . Photos need not be sent to other distributio n p o i n t s . . B. Present land use. 1. Briefly describe the present use of the si t e a n d l a n d s a d j a c e n t t o t h e site. The Red Rc •k Ranch site is currently used for crop product i o n o n a l e a s e basis. Over half of the site is rural vacant. T h e s i t e i s s u r r o u n d e d by unattached home subdivisions. The site has o v e r 5 0 0 0 ' o f R e d R o c k Lake shoreland subject to the Eden Prairie Shor e l a n d M a n a g e m e n t O r d i n a n c e . 2. Indicate the approximate acreages of the si t e t h a t a r e : a. Urban developed 0 acres f. Wetlands (Type III, IV, V) 8 acres b. Urban vacant 0 acres g. Shoreland c. Rural developed 0 acres h. Floodplain d. Rural vacant l5Oacres i. Cropland/Pasture land e. Designated Rec- j. Forested reation/Open Space 0 acres' 3. list names and sizes of lakes, rivers and s t r e a m s o n o r n e a r t h e s i t e , particularly lakes within 1,000 feet and river s a n d s t r e a m s w i t h i n 300 feet. Red Rock Lake abuts the site. McCoy Lake is across Mitchell Road, approximat e l y 2 0 0 f e e t . Staring Lake is across Research Road, approxim a t e l y 1 0 0 f e e t . 100 acres 8 acres 100 acres . . 20 acres 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 project is a large scale residential development. Residential units are planned for construction over the next 10 years. The site will be developed with street, grading and utilities installed in phases beginning in 1984. Construction of housing units requires further City approvals as detailed plans are prepared. Red Rock Ranch will be a City residential neighborhood comprised of a variety of housing styles. Earth moving equipment common to residential development will he utilized. 2. rill in the following where applicable: , 150 acres g. Size of marina and access 0 channel (water area) Miles h. Vehicular traffic trips 'generated per day 6,250 Am i. Number of employees 0 c. Height of structures 35 ft. j. Water supply needed 200,000ga1/,' Source: Eden Prairie d. Number of parking 4/unit single & k. spaces townhouse, 2.5/ unfT-675Td6. e. Amount of dredging 0 cu.yd. 1. Solid waste requiring disposal 1200-1800 ton', Commercial, retail or industrial floor space 0 ....sq.ft f. Liquid wastes requir- ing treatment 200,000 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%? 2. Are there other geologically unstable areas involved in the project, such as fault zones, shrink-swell soils, peatlands, or sinkholes? 3. If yes on 1 or 2, describe slope conditions or unstable area and any measures to be used to reduce potential adverse impacts. Portions of the site exceed 127. grade. The rolling character of the site will be of value to the future residential units. Erosion control plans will be required by the City and Watershed District consistent with Watershed policies and City Shoreland Ordinance. ) a. Total project area -or- . Length b. Number of housing or recreational units 600-1100 NO X YES X NO YES 4. Indicate suitability of site soils for foundations, individual septic systems, and ditching, if these are included in the project. The soils are well suited for residential development. The sandy characteristics of the soils assist in road and util.ity construction while the compaction and strength charicterists are favorable to grading and building foundations. ' 5. Estimate the total amount of grading and filling which will be done: 375,000 eu.yd. grading . 1,__ciLyd. filling Whaf-percent of the site will be so altered? 65 6. What will be the maximum finished slopes? 7. What steps will be taken to minimize soil erosion during and after construction? Street and utility construction will be phased with building construction beginning after phased site grading is completed. On-site retention ponds will be.built at beginning of the project with runoff contained on-site. Soil erosion management plan will be implemented after approval by the City and Riley Purgatory Creek Watershed District. B. VEGETATION 1. Approximately what percent of the site is in each of the following vegetative types: 12-15 • 30% unaltc, Woodland 15 % Cropland/ 57 % Pasture Brush or shrubs 2 % Marsh Grass or herbaceous 20 % Other (specify) 2. How many acres of forest or woodland will be cleared, if any? 5 acre ,: 3. Are there any rare or endangered plant species or areas of unique botanical or biological significance on the site? (See DNR publication The Common Ones.) If yes, list the species or area and indicate any measures to be used to reduce potential adverse impact. No IL C. FISH AND WILDLIFE I. Are there any designated federal, state or local wil d l i f e o r f i s h m a n a g e - ment areas or sanctuaries near or adjacent to the si t e ? X NO YES. 2. Are there any known rare or endangered species of fi s h o r w i l d l i f e o n or near the site? (see DNR publication The Uncommon Ones). X NO YES 3. Will the project alter or eliminate wildlife or fish h a b i t a t ? NO X Yl± 4. If yes on any of questions 1-3:list the area, speci e s o r h a b i t a t , a n d indicate any measures to be used to reduce potentia l a d v e r s e i m p a c t o n them. Red Rock Lake in the past has been stocked by the DNR. T h e L a k e h a s s i n c e gone through Winter kills and the majority of fish rem a i n i n g a r e r o u g h fish. There are no immediate plans for future stocking . Upland birds and animals will be displaced in stages as t h e s i t e i s graded and developed. Waterfowl use of the existing p o n d , n e w s e d i - mentation ponds, and the Lake is expected to. continue. This also will be true for small mammals whose habitat s a r e l o c a t e d near water. D. HYDROLOU • I. Will the project include any of the following: If yes, describe type of work and mitigative measures to reduce adverse impacts. NO YES a. Drairmgc or elferation of any lake, pond, marsh, lowland, or groundwater supply X b. Shore protection works, dams, or dikes X c. Dredging or filling operations X d. Channel modifications or diversions X e. Appropriation of ground and/or surface water X A surface pending system will be built to retain runof f . f. Other changes in the course, current or cross- section of water bodies on or ncir the site X Reshaping of existing ponds for storm water management . 2. What percent of the area will be converted to new im p e r v i o u s s u r f a c e ? 1 5 7 20:1 3. What measures will- be taken to reduce the volume of s u r f a c e w a t e r r u n - off and/or treat it to reduce pollutants (sediment, o i l , g a s , e t c . ) ? Runoff will be diverted to on-site pending across whe r e n a t u r a l filtration and settlement of sediment will occur. Na t u r a l grass and wood slopes will be retained to reduce runof f f r o m t h e developed sites. The sandy soil characteristics will a l l o w p e r c u l a t i o n of runoff at a high rate. 4. Will there be encroachment into the regional (100 year) fl o o d p l a i n by new fill or structures? y NO YES If yes, does it conform to the local floodplain ordinance NO X YES 5. What is the approximate minimum depth to groundwater o n the , SitC?Ad j acent to lakes and ponds 10-25 feet in upland. 2.5 feet E. WATER QUALITY 1. Will there be a discharge of process or cooling w a t e r , s a n i t a r y s e w a g e or other waste waters to any water body or to g r o u n d w a t e r ? x N O YES If yes, specify the volume, the concentration o f p o l l u t a n t s a n d t h e water body receiving the effluent. 2. If discharge of.waste water to the mLinicipal tr e a t m e n t s y s t e m i s ' planned, identify any toxic, corrosive or unusu a l p o l l u t a n t s i n t h e wastewater. N/A 3. Will any sludges he generated by the proposed pr o j e c t ? XNO Yrr, - If yes, specify the expected volume, chemical co m p o s i t i o n a n d m e t h o d of disposal. 4. What measures will be used to minimize the volum e s o r i m p a c t s i d e n t i f i e d in questions 1-3? N/A 5. If the project is or includes a landfill, attach information on s o i l profile depth to water table, and proposed depth o f d i s p o s a l . N/A F. AIR QUALITY ANO NOISE I. Will the activity cause the elimination of any gases and/or particul- ates into the atmosphere? NO X Yi If yes, specify the type and origin of these emissions, indicate any emission control devices or measures to be used, and specify the ap- proximate amounts for each emission (at the source) both with and without the emission control measures or devices. During site development and home construction, equipment emissions will add gases and particulates to the air from grading and construction traffic. After construction work is finished, normal air quality typical of several residential areas will prevail. If necessary, watering will be required to contain dust upon the site. 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 levels1a -0 , and noise/vibration. During construction the 10 hour period (7 am - 5 pm) heavy equipment will generate 0(A) levels exceeding residential standards. Due to site size (150 acres), the noise level exceeding standards will be within the site boundary. MAXIMUM OA EQUIPMFNT AT MACHINE Scraper 80 - 115 Bulldozer 88 - 105 Motor Scraper 78 - 96 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. Residential neighborhoods surround the site but have significant buffer between them and the site. A. Cedar Ridge,'Simmit Drive, and Village Woods borders the site west and north and are 600 to 1/4 mile away. B. Staring Lane, and Sunrise Circle borderthe site to the south and have lots of 300 to 500 feet deep. RANGE AT 250 FEET 64 - 100 73- 90 63 - • 81 G. LAND RESOURCE CONSERVATION, ENERGY I. Is any of the site suitable for agricultural or forestry production or currently in such use? NO X YES If yes, specify the acreage involved, type and volume of marketable crop or wood produced and the quality of the land for such use. Corn and soybean are planted on about 75 acres with about 25 acres in grass/hay. The sandy soils reduce the production/acre from prime land yields. 2. Are there any known mineral or peat deposits on the site? X NO YES . If yes, specify the type of deposit and the acreage. 3. Will the project result in an increased energy demand? Complete the following applicable:. . -- Residential units will comply with Minnesota Energy Code. a. Energy requirements (oil, electrlcity, gas, coal, solar, etc.) Estimated Peak Demand Annual DourlY or Daily Anticipated Firm Contract or Requirment -- SiNner Winter StIpplier Interruptable Bask? 45,500 32,000 *Electric I 13.9 million KWH KWH/da NSP 1 Firm contract NO X YES Tyke_ *Gas I 8,000 mcf p2 mcf/da 140mcf/da I linneclasco I Firm contract *Assuming 900 units constructed. b. Estimate the capacity of all proposed on-site fuel storage. None c. Estimate annual energy distribution .for: space heating 60 % • lighting Is air conditioning 15 % processing 5 Ventilation 5 % d. Specify any major energy conservation systems and/or equipment incorporated into this project. Some potential exists for solar or high-tec environmental fuel systems due to the higher cost residential units to be built. The site's location near employment, shopping, etc., will reduce trip lenno.: e. What secondary energy use effects may result from this proje c t (e.g. more or longer car trips, induced housing or busines s e s , e t c . ) ? . The location is convenient to work, recreation and shopping w h i c h make Eden Prairie more self-contained than most suburban com m u n i t i e s . Multi-family units planned will be substantially more energy e f f i c i e n t because of codes, size and attached construction methods. H. OPEN SPACE/RECERATION 1. Are there any designated federal, state, county or loc a l r e c r e a t i o n o r open space areas near the site (including wild and scenic r i v e r s , t r a i l s , lake accesses)? NO YES' If yes, list areas by name and explain how each may be affect e d b y t h e • project. Indicate any measures to be used to reduce advers e i m p a c t s . Staring Lake_ComrliunityPqrk - the residential development w i l l p r o v i d e park users. Mark plan attached) Red Rock lake Park - (proposed as part of development) will p r o v i d e p u b l i c access to Lake (none today) and allow DNR to improve lake fo r f i s h i n g etc. (park plan attached) I. TRANSPORTATION 1. Will the project affect any existing or proposed transportat i o n s y s t e m s ' (highway, railroad, water, airport, etc.)? NO X ?ES If yes, specify which part(s) of the system(s) will be aff e c t e d . or these, specify existing use and capacities, average traffic s p e e c A n d perueutoye of Lioa traffic (if hi9ka.,M; and indicate hew t h e y w i l l b e affected by the project (e.g. congestion, percentage of t r u c k t r a f f i c , Safety, increased traffic (ADT), access requirements). The project will complete a vital city collector street system , M i t c h e l l Road through the site, thereby providing an alternate route no r t h / s o u t h from 212/169 to TN 5. The 5000+ ADT will mainly use TN 5 t o c o n n e c t , to the Metro Freeway System. TN 5 is above capacity during p e a k h o u r s today - this project will increase warrants used by MnDOT t o d e t e r m i n e upgrading. (see attachedment #1) 2. Is mass transit available to the site? NO X YES On TN 5 about 3/4 mile from site, 3. What measures, including transit and paratransit services, are pl:lned to reduce adverse impacts? Development in central Eden Prairie is close to all city ser v i c e s - t h i s location will reduce the trip length to these daily service c e n t e r s . Transit service with rideshare, employee van pools, or commu n i t y s h u t t l e will be available as the density of the area and community in c r e a s e . The city bike/pedestrian trail system will be incorporated i n t o t h e p r o j e c t which will provide the option for non-vehicle travel. J. PLANNING, LAND USE, COMUNITY SERVICES I. Is the project consistent with local and/or regional comprehensive plans? If not, explain: S NO X YES If a zoning change or special use permit is necessary, indicate existing zoning and change requested. Rural Zoning - requesting PUD approval and future zoning to R1-13.5, P.M 2.5, RM 6.5, and Public. 2. Will the type on height of the project conflict with the character of the existing no X NO YES If yes, explain type of development and specify any measures to be usedto reduce conflicts. 3. How many employees will move into the area to be near the project? N/A How much housing will be needed? —N/A 4. Will the project induce development nearby--either support services or similar develornents? X NO YES If yes, explain type of development and specify any other counties and munici- palities affccted. The scope and size of the residential prOect will not by itself inHIA,re yrowLh of new support. or vices. The ;i0u- nousing urti'L.S Will contribute - to the business of existing services. 5. Is there sufficient capacity in the following public services to handle the project and any associated growth? Amount required for_project Sufficient capacity? 2a1,000 gal/dc yes - City_treatmeat sources arc' 200,000 gal/dc yes - City san, sewer is adequat 5,000+ feet yes - City sewer plan 300-400 .2.y.ols I yes-Eden Prairie has new facilit'' 140+ ton/mo I yes-Flying Cloud Landfill 2 10 miles yes - local streets City Services yes Public service Water__ Wastewater treatment * Sower treatrx,nt Schools Solid waste disposal Streets Other (police, fire, etc) 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 trunk sewer system is more than adequate for this project from Mrs-1 trunk which connects to the Purgatory inteceptor. The Blue Lake Treatment Plant has planned expansion later in the 1980's which will coincide with the projects' growth. 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 potentially hazardous or toxic liquids, solids, on gaseous substances such as pesticides, radioactive wastes, poisons, etc? X NO YES If yes, please specify the substance and rate of usage and any —measures to be taken to minimize adverse environmental impacts from accidents. 8. When the project has served its useful life, will retirement of the . facility require special measures or plans? X NO YES If yes, specify: K. HISTORIC RESOURCES I. Are there any structures on the site older than 50 years or on federal or state historical registers? X NO YES 2. Have any arrowheads, pottery or other evidence of prehistoric or early settlement been found on the site? X NO YES Might any known archaeoligic or palentological sites be affected by the activity? X NO YES 3. List any siLe or structure identified in I 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. The project will provide an outlet for Red Rock Lake and connect it to Purgatory Creek through a chain of ponds and lakes. This will improve the quality and flood potential of Red Rock Lake. This connection is desired by the Riley Purgatory Creek Watershed District. III .OTHER MITIGATIVE MEASURES Briefly describe mitigative measures proposed to reduce or eliminate potential adverse impacts that have not been described before. Development of Red Rock Ranch during the 1980's will provide residential growth consistent with all metro, state, and city plan. The "filling in" of the Red Rock neighborhood by this project will complete a neighborhood in central Eden Prairie. 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(L) a major action. State reasons: • The projects size of less than 1000 units phased over a 10 year period is consistent with proposed and existing public services and comprehensive plans. 2. The project does ( ) does not ( X) have the potential for significant environmental effects. State reasons: The careful consideration of the sites natural features, neighborhood considerations. and environmental review and permit process will harmfull environmental effects. 3. (For private actions only.) The project is (__.) is not ( ) of more than local significance. State reasons: IV. CONCLUSIONS ANO aklIFICATION 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 EQC Monitor. A. I, the undersigned, am either the authorized representative of the Responsiblc Agency or the Responsible Person identified below. Based on the above findiny the Responsible Agency (Person) makes the following conclusions. (Complete either I or 2). I. 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. 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 MEQC Rules provide that physical construction or operation of th project must stop when an EIS is required. In special circumstances the MLQC can specifically authorize limited construction to begin or continue. If youfeel there are special circumstances in this project, specify the extent of progress recommended and the reasons. b. Date Draft EIS will be submitted: —TMonth) (day) (MEQC Rules require that the Draft EIS be submitted within 120 days of publication of the EIS Preparation Notice in the EQC11onitor. 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 he prepared by (list Responsible Agency(s) or Person(s): ignatin Carl J. Jullie, City Manager Title Date B. Attach an affidavit certifying the date that copies of this LAW 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 page 11 of the LAW). The affidavit need be attached only to the copy of the LAW which is sent to the EQC. C. Billing procedures for EQC Monitor Publication State agency Attach to the LAW 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 State Register--(&]2) 296-1:239. Initial development of 300 units, approximately 40 single family and 200 attached units will most likely take until 1985 to complete. This traffic is estimated to generate 2,000 ADT. Trips have the option of: -travelling east on new Mitchell Road and then either south to US 169 via Research Road, or north to TH 5. At the TH 5/Mitchell Road intersection, improvements are under construction to facilitate faster traffic movements. In addition to this intersection improvement, a new east/west street, Technology Drive is under construction and will accommodate traffic eastbound to the regional shopping center/down-town Eden Prairie without adding trips to TH 5. The next phase of development 1985+, 600 units which may take till after 1990 for completion, will add approximately 4,200 ADT. See attached map for AM Peak Hour Traffic estimated for Red Rock Ranch at full development. ATTACHMENT #1 — - ---2<\:111_11tri7---n Pea rrafific _ IL I I \V I 20 V •G-A .50—' 0 - -.?/ 1900 I 11 PEAK T171AFLF:C Elcd la ei / ,—,......_11,, — rr il . t: .K \ .s\''.\:.,'"),/- ...:', ' • ''-':,-, /7 7 I 1 1,I 11 1 , --\l'.-------- ., \ , \ •, \ ° i .) , .... ) , ..,,— A-R9‘..o6ic./ racYfra'nL.1, <-29G6f-/ roorea,a1- -X • Red Rock neighborhood park 17 ACRES The Red Rock site is located on Mitchell Road in central Eden Prairie and is a good area for the intensive recreational facilities proposed. Facilities to be developed at tie park are 2 soccer/football fields, 2 softball bields, 2 tennis courts, skating pond, and parkilg. Pedestrian access to the site will be provided by a trial along Mitchell Road. Existing Facilities None <CAI!, oc-it-t.5=,:TIrt, v rtiA AFIclto LAf& Proposed 5 Year Plan Grading & Seeding 1981 Ballfields & Tennis 1982 COurts - , 1'4 -- I ..7), ,.e.,....„---------...„$,•, ;' ...!- \$, ‘-->r--.11 rib rrr's2 j t. .,1 „....., 1,71 ; • 4.- _ 1 25 100 4-) 4.4410. 0 50 200 400 -467 4.-"MT6g- ".% 71te-b rr• fr - Lk. AN AREA WITH ATTRACTIVE NATURAL FEATURES WHICH OFFERS A CONTRAST TO THE URBAN ENVIRONMENT. URBAN PARKS CATER TO NATURE ORIENTED OUTDOOR RECREATION SUCH AS PICrICKING, BOATING, WALKING, AND SKIING. SHOULD SERVE ENTIRE COMMUNITY AND IS USUALLY 100+ ACRES IN SIZE. erqi, 7 '4,0 Staring Lake Park • c.e,6AC4,4.1 - Staring Lake Park is located in the south central part of Eden Prairie on the north side of County Road 1, east of Mitchell Road and south of Research Road. This 1E0 acre community park encompasses the entire shoreline of Staring Lake with the exception of the east end of the lake which is adjacent to Hennepin County Vo-Tech South Campus. On the north shore of the lake the City acquired a log lodge ;.:hat the City is presently remodeling into a Senior Citizen Center. . The majority of Staring Lake Park will provide passive recreation and will include picnic areas, hiking trails, and bike trails. The existing farmland located along County Road I will be developed into active use areas including softball, soccer and football fields, tennis courts and skating area; Existing Facilities Proposed 5 Year Plan 1 , rtz‘rs-,1=-Ti- h I Senior Citizen Center Boat Access ,• - . -:•• Remodel Senior Citizen Center 1980 Trails 1981 Balifields 1980 Tennis Courts 1981 Picnic Facilities 1981 1'1E4...Ds -;,:117125 -6" Red Rock Ranch EAW CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 82-231 A RESOLUTION FINDING THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR RED ROCK RANCH A PRIVATE ACTION DOES NOT REQUIRE AN ENVIRONMENTAL IMPACT STATEMENT WHEREAS, the City Council of Eden Prairie did hold a meeting on September 21, 198', to consider the Red Rock Ranch EAW, and WHEREAS, said development is located on approximately 150 acres of land in southcentral Eden Prairie, NOW THEREFORE, be it resolved by the Eden Prairie City Council that an Environwrital Impact Statement is not necessary for Red Rock Ranch 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. Franc, City Clerk SEAL Av-PP5 1,v; 11,14. AO' PP6Z V\- V N. 67 Y U'idENJ • =1115I TTTT CITY OFFICES / 8950 EDEN PRAIRIE ROAD / EDEN PRAIRIE. MN 55344.2499 / TELEPHONE 16121 937.2262 September 17, 1982 MEMORANDUM' TO: Golf Vista Homeowners • FROM: Carl J. Jullie, City Manager RE: Address Change Recently you received a notice of address change from the City's Building Inspecti o n Department. This was pursuant to City Council Ordinance No. 82-10 adopted on May 1 8 , 1982, which, effective September 1st changed the name of Valley View Road to St. Andrews Drive and also extended the name "Baker Road" southerly over the newly constructed road to the intersection of Mitchell Road and Valley View Road, as pe r the sketch below. It was appropriate also to change your area to five—digit numb e r s to be consistent with the other numbering on St. Andrews Drive. Over the past few days we have received complaints on behalf of the Golf Vista Homeowners Association regarding the address change. A hardship is claimed due t o the fact that the current four numeral numbers have been engraved on wooden sign s throughout the project and considerable expense would be incurred in changing the s e signs. One solution to this problem would be to assign a street name to the Golf Vista entranco road. The numbering could then romain as is. The City Council will be requested to review this matter at their next meeting w h i c h begins at 7:30 PM on Tuesday evening, September 21st, at the City Hall. We will a d v i s e you of their action and, of course, you are welcome to attend this meeting and s u b m i t your input. In the meantime, we suggest that you delay making any changes in yo u r records regarding the address change until the matter is finalized. Thank you for your cooperation and we apologize for any inconvenience we may have caused. GOLF VITA NOTzT8 CJJ:jp MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation and Natural Resources Commission Carl Jullie, City Manager Bob Lambert, Director of Community Services September 15 0 1982 Strategy for Resolution of the Camp Indian Chief Property Question On August 19, 1982, City Attorney Roger Pauly and I met with Phil Eckhert, Director of Office of Planning and Development for Hennepin County and representatives of MARC to discuss the process for transfer of the Camp Indian Chief property from Hennepin County to the City and subsequently a portion of that property through a lease to MARC. Attached is a memo from Phil Ecihcrt suggesting the step by step procOure discussed at the August 19 meeting. Staff requests that the Parks, Recreation and Natural Resources Commission and the City Council review this procedure and either approve or make recommended changes to the procedure prior to initiating the process. Prior to the transfer of the property to the City, staff will provide the Commission and the Council with the proposed agreement regarding the conditions of the continued land use and responsibility for the past and future assessments. BL:md Ouvonql ,..; WAM0114; 1 6 ' HENN EPIN 'NZ DATE: September 7, 1982 TO: 1,26b Lambert, Director of Comounity Services, City of Eden Prairie Dick Rothmund, Executive Director of Minneapolis Association for Retarded Citizens F1101.1: Phil Eckhert, Director of Office of Plann and Development SUBJECT: STRATEGY FOR RESOLUTION OF THE CAMP INDIAN CHIEF PROPERTY QUESTION As a follow-up to our August 19 meeting, I have drafted the attached strategy for resolution of the Camp Indian Chief property question. I believe that there was general concurrence regarding the basic approach that should be used and which will require a sequence of formal actions by the Hennepin County Board, the city council of Eden Prairie, and the MARC board of directors. While all of the details involved in these transactions have notyet been worked out, it seems to an that it mould be useful for each of the organizations in- volved to present a general strategy for review by the governing bodies. If each of these boards approves the overall plan, we should be able to routinely process the formal agreements required at various steps in the implementation sequence with minimum delay and confusion. I would appreciate it if you would review the attached material and take liberty cu edit, expand, etc. Once we work this into a document that we are comfortable with I suggest ihdL it shauld be reviewed with each of our boaros Tor their con- currence prior to formally presenting legal agreements necessary to carry out the strategy. I would appreciate your written or verbal cements on this strategy by September 15. Please call if you have any questions or would like to discuss further. Attachment cc Chuck Hall Sue Markham Don Risler DRAFT Cocaniou ormaily7 AN OVERALL STRATEGY FOR RESOLUTION OF THE CAMP INDIAN CHIEF PROPERTY QUESTION Step l County conveys title to property (parcel B) to City of Eden Prair i e s u b j e c t to the condition that the continued use of the land be primarily for camping and recreation purposes with special programndng for the mentally retar d e d (specific language identifying the conditions for property use has not y e t been developed. Other provisions for the transfer, such as responsibi l i t y for past and future assessments, also have to be negotiated). Approval of the agreement for transfer of title to be provided by the Hennepin County Board of Commissioners and the Eden Prairie City Council. 2 . The City of Eden Prairie will announce the property availability , s p e c i f y c o n - ditions for use (consistent with the title transfer agreement wi t h t h e C o u n t y ) and accept proposals from qualified bidders. The City . of Eden Prairie will review lease proposals and negotiate an ag r e e - ment with thw siltsjul t.k.] (it is expected that MARC will b e a w a r d e d t h e lease given its historic provision of camping and recreational s e r v i c e s a t t h e lease location, its demonstrated ability to provide the desired se r v i c e s a n d its projected ability to continue). (Specific language identifyin g s p e c i a l public access opportunities, financial terms of the lease and o t h e r p r o v i s i o n s will be developed in the future.) The City of Eden Prairie and the MARC Board will have to approve t h e s p e c i f i c terms of the lease agreement. Step 4 The MARC Board and its staff will use their lon- term lease to le v e r a g e additional material, volunteer and financial resources necessary f o r p r o g r a m development. MARC will also take other actions necessary to comp l y w i t h o t h e r lease conditions such as ensuring trail access to all users of th e E d e n P r a i r i e Park system. September 21, 1982 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 82-226 RESOLUTION RECEIVING 100% PETITION, AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR ARBOR GLEN BE IT RESOLVED of the Eden Prairie City Council: 1. The owners of 100% of the real property abutting upon and to be benefitted from the proposed street and utility improvement have petitioned the City Council to construct said improvements and to assess the entire cost against their property. 2. Pursuant to M.S.A. 429.031, Subd. 3 and upon recommendation of the City Engineer, said improvements are hereby ordered. 3. The City Engineer is hereby designated the Engineer for the project and is directed to prepare plans and specifications for the making of such improvements with the assistance of Rieke, Carroll Muller Assoc. ADOPTED by the City Council of the City of Eden Prairie on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk Names and addresses of Petitioners vjMust be owne:5,, Of record) BFK ADDITION CITY OF EDEN PRAIRIE, MINNESOTA 100% PETITION FOR LCCAL IMPROVEMENTS • TO THE EDEN PRAIRIE CITY COUNCIL: ' The undersigned are all the fee owners of t h e r e a l p r o p e r t y d e s c r i b e d below and herein petition for the Eden Pra i r i e city Council to proceed with making the following described improv e m e n t s : (General Location) • X sanitary sewer • 40 Ac tract at the NE corner of Baker _ _ X Watermaim • v A Storl arSewer Rod and Valley View Rd. (SE LEGAL) Street:rPaNiing . _ . Other • • Purr.uant to M.S.A. 429.031, Suhd. 3, the u n d e r s i g n e d h e r e b y w a i v e a n y public hearing to be held on said improvements, and further state and agree that the total cost of said improve m e n t s s h a l l b e s p e c i a l l y a s - wesed anainA t.lar prcprty described below i n a c c o r d a n c e W i t h the City 's !pecial assessment policies. We fulthr ,r ende ,siand that the preliminary, estimated total cost for the sa i d i m p r o v e m e n t s i s Street Address or other Legal Decr.ipt .ion of Piop!-.,rty_to be Served (ATTACHED) (For City Use) hate Received__,aerpf.gra41SZ., Project No. S1 -037 Council Consideration_5fTtodeA04104,____ 6-30-82 BFK ADDITION That part of the Northeast quarter of Section 10, Township 116, Range 22, Hennepin County, Minnesota described as follows: Beginning at the Northeast corner of the Northwest quarter of the Northeast quarter of said Section 10; thence South to a point distant 10 feet North from the Southeast corner thereof; thence West 290.4 feet; thence South to the North line of County Road Number 60; thence West along said road to the West line of said Northeast quarter; thence North to the North line thereof; thence Fast to the point of beginning except road. BFK PARTNERSHIP PROPERTY EDEN PRAIRIE, MN