HomeMy WebLinkAboutCity Council - 01/18/1983EDEN PRAIRIE
CITY COUNCIL AGENDA
IL JAY, JANUARY 18, 1983
COUNCIL MEMBERS: •
CITY COUNCIL STAFF:
INVOCATION: Councilman Paul Rcdpath
PLEDGE OF ALLEGIANCE
ROLL CALL
7:30 PM, CITY HALL
Mayor Wolfgang Penzel, Richard Anderson,
George Bentley, Paul Redpath and George
Tangen
City Manager Carl J. Jullie; City Attorney
Roger Pauly; Finance Director John Irene;
Planning Director Chris Enger; Director of
Conounity Services Robert Lambert; Director
of Public Works Eugene A. Dietz, and
Recording Secretary Shirley Hanson
APPROVAL OF AGLNDA AND OTHER ITEMS OF BUSINESS
MINUTES OF THE CITY COUNCIL MELTING HELD TUESDAY, JANUARY 4, 1983
Page 2453
CONSENT CALENDAR
V
A. Change Order No. 1, I.C. 51-308A-1, I-494 ftypass/Grading
B. Final Plat approval, Coachmans Landing (Vest of Hiawatha and south of
. _ . . _ _ . _ _ - Addition) Resolution No. 83-18
Village Woods Drive (-formerly preliminary plat of Pheasant Oaks 2nd
C. 2nd Reading of Ordinance No. 2-82, rezoning from Rural to R1-13.5 and
Page 2459
RM 6.5, Approyal_of Developer's .Agreoment .for_Arbor Glen, and Adoption
of Resolution No. 83-13, Approving SuEmary of Ordinance No. 2-82, and
Ordering the Publication of Said Summary for Arbor Glen. /8 residential
units in the northwest corner of Valley View and Baker Roads.
Page 2468 D. Final Plat approval for Arbor Glen (N.E. corner Valley View Road/Baler
Road). Resolution No. 83-17
Page 2454
Page 2456
E. Clerk's License List Page 2471
F. Snowdrifters Snowmobile Club Request (Resolution No. 83-11) Page 2473
G. Request Public Hearing for removal of diseased trees onpliyate_property Page 2475
for 2/15/83
H. Autfmrization for,expenditure of Cp7mnoity llovelopaPrit_Block Grant Funds
for H.O.M.E. Progam (Resolution No. 83-20)
I. Approve Plans and .Spocifirations for Arbor Glen Improvements, and authorize Page 24U
bids to be received on March 1, 1_983,J,C.....S2 .7 031 (Resolution to 83-21)
Page 2476
(it ), A, hda -2- Tues.,3anuary 18, 1933
IV. P[131 IC i !ARINGS
A. ORDINANCE NO. 1-R3, RELATING TO THE REGULATION, LICENSING AND USE OF _
CARLING till VICES
Page 2461
B. TOWERS ADDITION BY T. .Michael Carmody, Request for PUD District Review of Page 24RI
6.75 acres, with variances, for medium density residential and single family
uses, rezoning froinPural to kM 6.5 for 8 quadraminium buildings and from
Rural to R1-13.5 for 2 single family lots and preliminary plat of 6.75
acres for 8 quadraminium buildings (32 units) and 2 single family lots.
located north of Carmody Drive and east of Mitchell Road. (Resolution No.
83-22 - PUD; Ordinance No. 2-83 - Rezoning; and Resolution No. 83-23 -
Preliminary Plat)
C. MICRO-ED, INC, Request for Interim Use of 0.67 acres of property zoned Page 2504P.
as Rural for Office Use. Located at 8108 Eden Road -- the southwest
quadrant of the intersection of Single Tree Lane and Eden Road, south of
Lake Idlewild.
D. EDENDALE RETIREMENT RESIDENCE by Twin City Christi .an Homes. Request for Page 2513
Site Plan Review and amendment to PUD for Edendale Retirement Residence
upon 2.95 acres to construct a 61-unit, five-story elderly housing apart-
ment. located north of TM 5 and west of Prairie Village Mall and Prairie
Village Professional Building. (Resolution No. 83-24 - PUB)
V. PAYMENT OF CLAIMS NOS. 5605 - 5823
Page 2522
vi. REPORTS CF ADVISORY COMMISSIONS
VII. APPOINTMENTS
A. South Hennepin Human Services Council - Appointment of 1 Consumer Represen-
tative to serve 2 year term commencing 2/1/83, and appointment of Council
Representative to fill unexpired term to 1/31/84 (Continued from January
4, 1983)
B. WAFTA Board - A;Tointment of 1 Representative to serve a 1 year term
_ _ _
commencing 1/1/82 (Continued from January 4, 1983)
C. Suburban Rate Authority - Appointment of Director and Alternate Director .
for 1933 (Resolution No. 83-16)
Page 2527
D. Appointment of City. Attorney for 1983
VIII. PEIIIJONS, REQUESTS & COMMUNICATIONS
JJ 'Request for a Liquor License for Kabuki Restaurant (Continued from
January 4, 1983)
Request for Final Plat approval for Shady Oak Industrial Park 6th Addition
by Richard Ander!;on of 7.3 acres for two lots, formerly portions of Shady .
Oak Industrial Park 3rd foldi .tion (Resolution No. 83-09) Continued from
January 4, 1983)
B.
Pagg 2528
Page2434
City Council Agunda - 3 - Tues.,January 18, 1983
IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council_Members
1. Suggestions .for Long-Range City Goals
2 /
B. Report of City Manager
1. Cable TV Service Area
2. Redraft of amended permit for Flying_Cloud Sanitary Landfill
C. Report of Director of Community .Services .
1. Report on Edenvale Park Dedication
D. Report of Director of Public Works -
1. Special Assessment Agreehent, Sundquist Addition (S.E. Corner of
Valley View Road/Baker Road) Resolution No. 83-19
X. NEW BUSINESS
XI. ADJOURNMENT.
Page 2529
Page 2530
Page 2532
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JANUARY 4, 1983
COUNCIL MEMBERS:
COUNCIL STAFF:
INVOCATION: Councilman George Bentley •
PLEDGE OF ALLEGIANCE ,
ROLL CALL
7:30 PM, CITY HALL
Mayor Wolfgang H. Penzel, Richard Anderson,
George Bentley, Paul Redpath and George Tangen
City Manager Carl J. Jullie, City Attorney Roger
Pauly, Finance Director John D. Frane, Planning
Director Chris Enger, Director of Community Ser-
vices Bob Lambert, Director of Public Works
Eugene A. Dietz, and Recording Secretary Karen
Michael
I. SWEARING IN CEREMONIES FOR MAYOR WOLFGANG PENZEL AND COUNCILMEN PAUL REDPATH AND
RICHARD ANDERSON
City Attorney Roger Pauly administered the oath of office to Mayor Wolfgang H.
Penzel, Councilman Paul Redpath and Councilman Richard Anderson.
II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were added to the Agenda: XI. A. 1. Legislative Priorities,
XI. A. 2. Anderson Lakes County Park, and XI. B. 1. Discussion of North Star
Professional Hockey Organization Proposal.
MOTION: Bentley moved, seconded by Tangen, to approve the Agenda and Other Items
of Business as amended and published. Motion carried unanimously.
III. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 21, 1982
MOTION: Bentley moved, seconded by Tangen, to approve the Minutes of the City
Council Meeting held Tuesday, December 21, 1982, as published. Motion carried
with Anderson abstaining.
.‘2")
City Council Minutes -2- January 4, 1983
IV. CONSENT CALENDAR
A. Clerk's License List
B. Set Board of Review Meeting for May 10, 1983
C. 2nd Reading of Ordinance No. 16-82, permitting gymnastics use in an indus-
trial district
D. Approval of request from the Public Safety Department to advertise for bids
for a 1983 Modular Rescue Vehicle
MOTION: Tangen moved, seconded by Redpath, to approve items A - D on the Consent
Calendar. Motion carried unanimously.
V. PUBLIC HEARINGS
A. Request for Liquor License for Kabuki Restaurant
City Manager Jullie noted the Public Safety Department had completed its
record check and background investigation.
Tom Thorfinnson, attorney; Ernest Shimoko, chief executive officer; and
Joseph Peltier, manager, were present to answer questions. They stated
the operation would be run in much the same way that Genghis Kahn of Sapporo
had been run. It was noted that Genghis Kahn had closed on December 31st.
MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing
and to continue consideration of the liquor license for Kabuki Restaurant
to January 18, 1983. Motion carried unanimously.
VI. PAYMENT OF CLAIMS NOS. 5442 - 5483; 5484 - 5604
MOTION: Bentley moved, seconded by Anderson, to approve the Payment of Claims
Nos. 5442 - 5483; 5484 - 5604. Roll call vote: Anderson, Bentley, Redpath,
Tangen and Penzel voted "aye." Motion carried unanimously.
VII. REPORTS OF ADVISORY COMMISSIONS
There were no reports.
VIII. PETITIONS, REQUESTS & COMMUNICATIONS
A. Request for preliminary plat approval for Shady Oak Industrial Park 6th
Addition by Richard Anderson of 7.3 acres for two lots, formerly portions
of Shady Oak Industrial Park 3rd Addition (Resolution No. 83 ,08)
City Council Minutes -3- January 4, 1983
Warren Israelson, engineer for Anderson, was present to answer questions.
Penzel expressed concern that provision for adequate right-of-way for West
70th Street be dedicated prior to the filing of the plat. He said he does
not wish to see the City have to purchase the right-of-way at a later date.
Israelson said Lee Data has a warranty deed for the property in question --
however this has not been filed due to taxes due on the property. Penzel
suggested this issue be clarified prior to final plat approval. Tangen
concurred.'
Israelson asked what kind of assurances the City would need. He said
the sale has been consummated -- Opus owns the portion of land needed for
access to the Lee Data parcel. Penzel said perhaps the necessary assurances
could be obtained by the City from Opus. Israelson went on to say that the
purchase had not been recorded yet because of the taxes which are due and
had not been paid. He thought this would be completed in another month or
two as nothing else can be recorded until such time as all taxes have been
paid.
Bentley asked if there was a need to rush this. Israelson said there had
been a closing on the construction financing for a building which will be
built and for which they have tennants.
MOTION: Tangen moved, seconded by Redpath, to adopt Resolution No. 83-08,
approving the preliminary plat of Shady Oak Industrial Park 6th Addition.
Motion carried unanimously.
B. Request for final plat approval for Shady Oak Industrial Park 6th Addition
by Richard Anderson of 7,3 acres for two lots, formerly portions of Shady
Oak Industrial Park 3rd Addition (Resolution No, 83-09)
MOTION: Tangen moved, seconded by Redpath, to continue action on Resolution
No. 83-09, approving the final plat of Shady Oak Industrial Park Sixth Addition
to January 18, 1983. Motion carried unanimously.
C. Request for preliminary _Oat approval for Rymarland Camp 3rd Addition by
Milton O. Quam of 4.4 acres for 11 single family detached lots, formerly
portions of Rymarland Camp 2nd Addition. Located east of Highway 101 and
south of Hidden Ponds 2nd Addition (Resolution No. 83-10)
Planning Director Enger introduced Tom Berqquist, Sathre-Bergquist, represen-
ting the proponent. Bergquist addressed the proposal.
Redpath noted this proposal had originally been adopted including a swimming
pool and tPnnis courts as amenities. Bergquist said the homeowners were not
interested in an homeowner's association to maintain these facilities.
GI s
City Council Minutes -4- January 4, 1983
Enger noted the Planning Commission had reviewed the proposal at its December
27, 1982, meeting at which time it had recommended approval. Discussion of
what had been included in the original Developer's Agreement ensued. Bentley
said he questioned whether or not taking away the amenities which had been a
part of the Developer's Agreement would qualify as open-ended zoning. He felt
the densities were being changed ex post facto. It was noted the swimming pool
and tennis courts were not in good condition prior to the time they were "plowed
under." Director of Community Services Lambert said he is skeptical of developers
who claim a homeowner's association will maintain a pool and tennis courts.
Penzel asked what the impact would be on the Developer's Agreement from a legal
standpoint, if this request were granted. City Attorney Pauly said it would
depend upon the provisions included in the Developer's Agreement and whether
or not there were specific prohibitions. Bentley said he felt this might be
opening a Pandora's box -- if open space areas were allowed to be used for
additional density.
MOTION: Redpath moved, seconded by Bentley, to refer the matter to City Attorney
Pauly for review of the Developer's Agreement. Motion carried unanimously.
IX. APPOINTMENTS
A. Metropolitan League of Municipalities - Appointment of 1 Representative and
4 Alternates.
MOTION: Redpath moved, seconded by Bentley, to appoint the Mayor as Represen-
tative to the Metropolitan League of Municipalities and Councilmen Anderson,
Bentley, Redpath, and Tangen as Alternates. Motion carried unanimously.
B. Health Officer - Appointment of 1 Health Officer for the year 1983. Appointment
by Mayor with consent of Council.
MOTION: Bentley moved, seconded by Tangen, to confirm the Mayor's appointment
of Dr. Frederic P. Ekrem as City Health Officer for 1983. Motion carried
unanimously.
C. South Hennepin Human Services Council - Appointment of 2 Consumer Representatives
to serve 2 year terms connencing 2/1/83.
MOTION: Bentley moved, seconded by Tangen, to appoint Rosemary Dysinger to the
South Hernepin Human Services Council. Action on the appointment of an additional
Consumer Representative continued to the January 18, 1983, Council meeting.
Motion carried unanimously.
D. WAFTA Board - Appointment of 1 Representative to serve a I year term commencing
1/1/83.
MOTION: Tangen moved, seconded by Bentley, to continue action on this appoint-
ment to the January 18, 1983, meeting of the City Council. Motion carried unani-
mously.
,;(L.1 S
City Council Minutes -5- January 4, 1983
X. ORDINANCES & RESOLUTIONS
A. Resolution No. 83-01, designating the official meeting dates, time and place
for the City of Eden Prairie Council members in 1983 and appointing an
Acting Mayor
MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 83-01,
designating the official meeting dates, time and place for the City of Eden
Prairie Council members in 1983 and appointing Paul Redpath Acting Mayor.
Motion carried unanimously.
B. Resolution No. 83-02, designating the official City Newspaper
MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 83-02,
designating the Eden Prairie News as the official City Newspaper and to
publish the "Happenings", the City's Newsletter, in The Mint Advertiser.
Motion carried unanimously. '
C. Resolution No. 83-03, authorizing City Officials to transact banking business
MOTION: Bentley moved, seconded by Tanger, to adopt Resolution No. 83-03,
authorizing City Officials to transact banking business. Motion carried
unanimously.
D. Resolution No. 83-04, authorizing use of facsimile signatures by Public Officials
MOTION: Tangen moved, seconded by Redpath, to adopt Resolution No. 83-04,
authorizing use of facsimile signatures by public officials. Motion carried
unanimously.
E. Resolution No. 83-05, designating depositories
MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 83-05,
designating the Suburban National Bank as the official depository for the
public funds of the City of Eden Prairie. Motion carried unanimously.
F. Resolution No. 83-06, authorizing the treasurer to invest City of Eden Prairie
funds
. MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 83-06,
authorizing the treasurer to invest City of Eden Prairie funds. Motion carried
unanimously.
.24/s s
City Council Minutes -6- January 4, 1983
G. Resolution No. 83-07, establishing fees for the City of Eden Prairie for 1983
The Council discussed various fees included in this Resolution. Penzel felt
fees should reflect the actual cost (i.e. particularly inspections.) Tangen
asked the status of the City's cash park fee in relation to those of other
communities. Tangen expressed concern that fees of this type add to the high
cost of developing property and any raise in the cash park fee would only create
an additional burden. Redpath asked if there were any figures available as
to what City fees add to the cost of a home. Penzel stated the Council must
determine what it intends this community to be -- will the City no longer pro-
vide amenities to all City neighborhoods? Redpath said perhaps the Council
should be discussing user fees. Penzel said the cash park fee might be pro-
rated on the cost of the house; this would minimize the impact on the price
of a moderate house. Anderson pointed out that Lawcon and other types of grant
sources have all but dried up; cash park fees are all that is left to finance
parks.
MOTION: Bentley moved, seconded by Redpath, to give preliminary approval to
Resolution No. 83-07, establishing fees for the City of Eden Prairie for 1983;
and to ask Staff to put together a status report on cash park fee projections
(anticipated income and anticipated needs), and to put together a study of
other communities' cash park fees and charges which will then be brought back
to the Council for its review. Motion carried unanimously.
City Attorney Pauly noted the form of the Resolution will be modified somewhat
since there are references to Ordinances which are now incorporated in the City
Code and which will be referenced as such. A working copy of the revised Reso-
lution will be available to the Mayor and Council as soon as possible.
XI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
1. Legislative Priorities
Penzel called attention to a letter which had been received from the
League of Minnesota Cities which asked the City Council to consider which
five of the proposed policies addressed in the letter would be of most
importance to the City. The League of Minnesota Cities proposed legis-
lative policies for the 1983-1984 Legislative session will be considered
at the League of Minnesota Cities Annual Legislative Conference to be
held January 26, 1983, at the St. Paul Radisson Hotel.
The consensus was that Councilmen would individually prioritize recommen-
dations outlined by the League and would submit them to City Manager
Jullie who would then tabulate them and forward the City's recommendations
to the League.
3 4..
City Council Minutes -7- January 4, 1983
2. Anderson Lakes County Park
Redpath noted he and Director of Community Services Lambert had attended
a meeting of the Hennepin County Park Reserve at which time the
Anderson Lakes/Bush Lake Park was discussed. Redpath stated there will
be a bike path under County Road 18 which will connect with the existing
path along Anderson Lakes Parkway. A chip path on the west side of Ander-
son Lakes will be eliminated and instead an Indian moccasin path will be
built. No specific dates have been set for construction.
Anderson asked if boats would be allowed on Anderson Lakes. Lambert
said there are still plans for interpretive canoeing included on the
southern Anderson Lake only.
3. The Council discussed snow removal during the recent snow storm.
MOTION: Redpath moved, seconded by Tangen, to commend the Public Works
crews for a good job of snow removal during the December 27 - 28, 1982,
snow storm. Motion carried unanimously.
B. Report of City Manager
1. Discussion of North Star Professional Hockey Organization Proposal
City Manager Jullie called attention to a memorandum of January 4, 1983,
to the Mayor and City Council from Director of Community Services Lambert
which addressed the proposal submitted by the North Stars organization
regarding the feasibility of an addition to the Community Center to accommo-
date a locker room, training and storage facilities for a practice facility
for their team. Community Center Manager Pappas spoke to the proposal.
The Council discussed the ways in which this proposal would affect the
use of the facility by City residents. It was agreed the use by the North
Stars would be at times when there is very little usage by others and it
would have a positive effect in terms of good publicity and public relations.
MOTION: Redpath moved, seconded by Anderson, to authorize Staff to
pursue negotiations with Lou Nanne, General Manager of the North Stars
organization, as per Lambert's memorandum of January 4, 1983. Motion
carried unanimously.
C. Report of City Attorney
There was no report.
,PqS3c' a
City Council Minutes -8- January 4, 1983
XII. NEW BUSINESS
Penzel raised the question as to land which the City owns on Purgatory Creek
in the Edenvale area for which the City has never received a deed. It was
determined that City Attorney Pauly will look into the situation. Redpath
suggested the City begin collecting cash park fees from Edenvale properties.
City Manager Jullie stated Equitable has not fulfilled its requirements.
XIII. ADJOURNMENT
MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 9:42 p.m.
Motion carried unanimously.
CONTRACT AMENDMENT NO. 1 REcIVID
TO CONSTRUCTION CONTRACT FOR
I.C. 051-308A-1 [—JAN 4 1983]
_ 1-494 BYPASS
CITY OF EDEN PRAIRIE, MINNESOTA
December, 1982
Bennett-Ringroso-Wolsfold-Jarvis-Gardner, Inc.
2829 University Avenue Southeast
Minneapolis, Minnesota 55414
The City agrees to make the following revisions for work performed by this
contract:
ADDITIONS:
ESTIMATED • UNIT
QUANTITY PRICE AMOUNT
1 $ 214.82 $ 214.82
354 S 10.00 $3,540.00
1 S 44.00 S 44.00
1 S 44.00 . S 44.00
1 $ 77.10 $ 77.10
1 $2,135.00 . $2 135.00
TOTAL ADDITIONS TO CONTRACT . $6,054.92
DEDUCTIONS:
4 ITEM
UNIT'
1. .Move Overhead Sign
L .S.
2. 6" Perforated PVC Pipe
L.F.
3. Yield Sign 48"x48"
EA.
4. Merge Sign 48"x48"x48"
EA.
5. Arrow Sign
EA.
6. Seal Well 01
L.S.
ITEM
ESTIMATED
UNIT QUANTITY
UNIT
PRICE
AMOUNT
1. Common Excavation (P) C.Y. 2,292 S 1.65 $3,781.80
TOTAL DEDUCTIONS TO CONTRACT $3,781.80
SUMMARY
TOTAL ADDED TO CONTRACT
$6,054.92
LESS TOTAL DEDUCTED FROM CONTRACT
S3.781.80
TOTAL INCREASE IN CONTRACT MOUNT AMENDMENT NO. 1 $2,273.13
Page 1 of 2
As-q
Necessity for Amendments .
Additions:
1. Century Fence took OH sign to Maple Grove yard • As called for In the
specifications. The Maple Grove yard did not have room and made
t
h
e
m
take It to Plymouth, creating extra haul time and distance.
2. Perforated pipe was necessary at the easterly median cross-ove
r
o
f
the
E.B. Bypass to channel groundwater out of subgrade.
3-5. Additional traffic control signs, mounted on posts, were r
e
q
u
i
r
e
d
b
y
the State to remain In-place for the duration of the Bypass. T
h
e
y
will become the property of the City of Eden Prairie.
6. Extra work was required in sealing well #1, to comply with State codes.
Deductions:
I. The deducted quantity was common excavation material unable to
b
e
removed due to frost. The quantity will be added into the next
C
o
n
-
tract. Plan (P) quantity items require change by contract amen
d
m
e
n
t
.
CONTRACTOR: Duesing Bros. Trucking. Inc.
DATE:
ENGINEER: Bennett-Ringrose-Woisfeld-Jarvis-Gardner, Inc.
DATE:
CITY OF EDEN PRAIRIE
DATE:
Page 2 of .2
Acc
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 „,er?
DATE: January 13, 1983
SUBJECT: COACHMANS LANDING
PROPOSAL:
The developer, Butler Homes, is requesting City Council approval of
the final plat of Coachmans Landing, a single family residential
plat previously known as Pheasant Oaks. The second phase of platting
now submitted contains 21 lots and is a replat of Outlots B and C,
Pheasant Oaks. Outlots A and B of this addition will be replatted
as phasing continues. The plat is located east of Red Rock Hills
additions, south of Scenic Heights Addition and west of Pheasant
Oaks in the South ½ of Section 16.
HISTORY:
The preliminary plat (known as Pheasant Oaks) was approved by the
City Council on April 18, 1978, per Resolution #78-57.
Zoning to RI-13.5 was finally read and approved by the City Council
on June 7, 1978, per Ordinance #78-17.
The Development Agreement referred to within this report was executed
on June 28, 1978.
The final plat now submitted for approval conforms with the
approved preliminary plat.
VARIANCES:
All variance requests must be processed through the Board of Appeals.
UTILITIES AND STREETS:
The requirements for the installation of municipal utilities, streets,
and walkways are covered in the Development Agreement.
The cul-dn-sars shown on the plat as "Coachmans Lane" will be
renamed prior to release of the plat. The new names shall be approved
by the Engineering and Public Safety Departments.
PARK DEDICATION:
The requirements for park dedication are covered in the Development
Agreement. An executed Warranty Deed covering part of Outlot D,
Pheasant Oaks will be required prior to release of the final plat.
Coachmans Landing Final Plat -2- Jan. 18, 1983
BONDING:
A performance bond or letter of credit in conformance with
t
h
e
requirements of the Development Agreement will be necessary
t
o
cover the cost of utilities and roadways to be owned and ma
i
n
t
a
i
n
e
d
by the City.
A maintenance bond in the amount of 25% of the actual insta
l
l
a
t
i
o
n
cost will be required to cover utilities previously installe
d
.
RECOMMENDATION:
Recomrend approval of the final plat of Coachmans Landing s
u
b
j
e
c
t
to the requirements of this report, the Development Agreeme
n
t
a
n
d
the following:
1. Receipt of Engineering Fee in the amount of $630.00.
2. Receipt of cash deposit for street lighting in the
amount of $2,259.00.
3. Receipt of Warranty Deed for part of Outlot D, Pheasant
Oaks as required by the Development Agreement for park
dedication.
4. Satisfaction of Bonding requirements.
DLO:sg
qe.; c'
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
Arbor Glen
ORDINANCE NO. 2-82
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND
F
R
O
M
O
N
E
ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS
O
F
L
A
N
D
I
N
EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION
1
1
.
9
9
,
W
H
I
C
H
,
AMONG OTHER THINGS,CONTAINPENALTY PROVISIONS
THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance, (hereinafter,
the "land") is legally described in Exhibit A, attached hereto and made a
p
a
r
t
h
e
r
e
o
f
.
Section 2. That action was duly initiated proposing that the land be removed
from the Rural District and be placed in the R1-13.5 and RM-6.5 Districts.
Section 3. That the proposal is hereby adopted and the land shall be, and
hereby is, removed from the Rural District and shall be included hereafte
r
i
n
t
h
e
R
1
-
1
3
.
5
and RN-6.5 Districts, and the legal descriptions of land in each District
r
e
f
e
r
r
e
d
t
o
In the City Code, Section 11.03, Subdivision 1, Subparagraph B,.shall be
a
n
d
i
s
a
m
e
n
d
e
d
accordingly.
Section 4. City Code Chapter 1, entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and S
e
c
t
i
o
n
1
1
.
9
9
entitled, "Violation a Misdemeanor" are hereby adopted in their entirety,
b
y
r
e
f
e
r
e
n
c
e
,
as though repeated verbatim herein.
Section 5. The land shall be subject to the terms and conditions of that
certain Developer's Agreement dated as of , 198 , entered into
b
e
t
w
e
e
n
BFK Partnership and the City of Eden Prairie, which agreement is hereby
m
a
d
e
a
p
a
r
t
hereof.
Section 6. 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 Pra
i
r
i
e
on the 7th day of September, 1982, and finally read and adopted and ordere
d
p
u
b
l
i
s
h
e
d
at a regular meeting of the City Council of said City on the day of
198 .
'Wolfgang H. Penzel, Mayor
ATTEST:
John D. Franc, City Clerk
PUBLISHLD in the Eden Prairie News on the
day of ,198 .
2(69
1,;..EA TO BE REZONED TO R1-13.5
part of the Northeast Quarter of Section 10, Township 116, Range 22,
Fe,...epin County, Minnesota described as follows:
Beginning at the northeast corner of the Northwest Quarter of
the Northeast Qoarter of said Section 10; thence south to a
point distant 150 feet north from the southeast corner thereof;
thence west 790.4 feet; thence south to the north line of
County Road NuAer 60; thence west along said road to the west
line of said Northeast Quarter; thence north to the north line
thereof; thence cast to the point of beginning. '
Except that part of the Northeast Quarter of Section 10, Township 116, Range
22, Hennepin County, Minnesota described as fo)lows:
Commencing at the northwest corner of said Northeast Quarter;
thence on an assumed bearing of South 0 degrees 01 minutes 15
seconds East along the west line of said Northeast Quarter a
distance of 793.00 feet to the point of beginning of the land
to be described; thence North 89 degrees 58 minutes 45 seconds -
East a distance of 112.00 feet; thence South 46 degrees 39
minutes 41 seconds East a distance of 115.00 feet; thence South
56 degrees 52 minutes 46 seconds East a distance of 138.00 feet;
thence South 70 degrees 31 minutes 28 seconds East a distance
of 140.60 feet; thence South 58 degrees 05 minutes 73 seconds
East a distance of 60.00 feet; thence North 53 degrees 40
minutes 37 seconds East a distance of 150.01 feet; thence
southeasterly a distance of 311.72 feet along a nontangential
curve, concave to the southwest, having a central angle of 28
degrees 56 minutes 10 seconds, a radius of 617.23 feet and a
chord bearing of South 20 degrees 09 minutes 40 seconds East;
thence South 5 degrees 41 minutes 35 seconds East, tangent to
said curve, to the north line of County Road No. 60; thence
westerly along said north line to said west line of the
Northeast Quarter; thence North 0 degrees 01 minutes 15
seconds West along said west line to the point of beginning.
AREA TO BE REZONED TO RM 6.5
That part of the Northeast Quarter of Section 10, Township 116, Range 22,
Hennepin County, Minnesota described as follows:
Commencing at the northwest corner of said Northeast Quarter;
thence on an assumed bearing of South 0 degrees 01 minutes 15
seconds East along the west line of said Northeast Quarter a
distance of 793.00 feet to the point of beginning of the land
to be described; thence North 89 degrees 58 minutes 45 seconds
East a distance of 112.00 feet; thence South 46 degrees 39
minutes 41 seconds East a distance of 115.00 feet; thence South
56 degrees 52 minutes 46 seconds East a distance of 138.00 feet;
thence South 70 degrees 31 minutes 28 seconds bast a distance
of 140.60 feet; thence South 58 decrees 05 minutes 23 seconds
East a distance of 60.00 feet; thence North 53 degrees 40
minutes 37 seconds East a distance of 150.01 feet; thence
southeasterly a distance of 311.72 feet along a nontangential
curve, concave to the southwest, having a central angle of 29
degrees 56 minutes 10 seconds, a radius of 617.23 feet and a
chord bearing of South 20 degrees 09 minutes 40 seconds Fast;
thence South 5 degrees 41 minutes 35 seconds Fast, tangent to
said Curve, to the mirth line of In ,flity rem' No. 60; thence
westerly along said 6orlh line to said west line of the
Northeast Quarter; thence North 0 degrees 01 minutes 15
seconds West along said west line to the point of beginning.
In•
EXHIBIT . A
....-.—..
2(1(00
Arbor Glen
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of
, 1983
by and between DER PARTNERSHIP, a Minnesota partnership, hereinafter
referred to as 'Owner" and the CITY OF EDEN PRAIRIE, a municipal
corporation, hereinafter referred to as "City",
WITNESSETH:
WHEREAS, Owner has applied to City for PUD Concept approval for
residential and open space uses, and to rezone lands as follows: from Rural
to R1 -13.5 approximately 24 acres described as Parcel 1, Exhibit A, and from
Rural to RN 6.5 approximately 8 acres, described as Parcel 2, Exhibit A,
attached hereto and made a part hereof and hereafter referred to as "the
property", and
WHEREAS, Owner desires to develop the property for construction of 50
single family residential units and 28 attached single family units for an
aggregate of 78 units.
NOW THEREFORE, in consideration of the City adopting Ordinance No. 2-82,
and Resolution No. 82-212, 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 June 30, 1982 reviewed and approved
by the City Council on September 7, 1982 and attached hereto
as Exhibit 6, 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 pro-
vided 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.
2q(„
Developer's Agreement-Arbor Glen Page 2
3. Owner shall submit a final plat to the City and obtain the City's approval
thereof. Such plat shall include, but not be limited to:
a. "B" street with a 60-ft. right-of-way.
b. A 20-ft. wide outlot between Lots 9, Block 1 and Lot 1, Block 4,
as depicted on Exhibit B and as approved by the City Engineer.
4. Immediately upon filing of the plat and prior to issuance of any building
permits, Owner shall convey to the City by Warranty Deed that part of the
property shown as Outlots A and C on Exhibit B.
Owner shall not grade or construct upon Outlot A nor permit others to so
grade or construct.
5. Concurrent with grading of the property, Owner shall grade a 10-ft. wide
bike trail in the following location:
Within the right-of-way and east of the driving surface of Baker Road
commencing at "B" street south to County Road 60, according to the
specifications of the Director of Community Services.
6. Prior to any grading of Parcel 1 of the property, Owner shall install a
snow fence and staked haybales along the property's east boundary as
depicted in Exhibit B. Said snow fence and haybales shall remain in place
until the property is fully restored.
7. Concurrent with grading of the property and prior to the issuance of any
building permits, Owner shall construct a berm between the single family
townhouse units as depicted on Exhibit B and as approved by the City
Planning Director.
8. Concurrent with street and utility construction, Owner shall construct
the following:
a. A 5-ft. wide, 5-in, thick concrete sieewalk within the right-of-way
and north of the driving surface of "B" street commencing at Baker
Road southeast to County Road 60 as depicted on Exhibit B
and in accordance with the specifications of the City Engineer.
b. A 6-ft. wide, 2-in, deep strength asphalt pathway with a 5-in. deep
Class V base within Outlot 8, depicted on Exhibit B, and in
accordance with the specifications of the City Engineer.
9. Prior to issuance of any building permits upon the property, Onwer shall
post a sign in the northwest corner of "B" street and County Road 60 as
depicted on Exhibit B. Said sign shall contain information as to the
multiple development on the 8 acres in such form as shall be approved by
the City's Planning Director.
2 tit,
Notary Public
•11FK PARTNERSHIP
ZeO
liY -Howard Kyllo, Partner
(ca
Developer's Agreement-Arbor Glen page 3
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
, 198; by Wolfgang H. Penzel, the Mayor, and Carl J.
Jullie, the City Manager of the City of Eden Prairie, a Minnesota corpor-
ation on behalf of the corporation.
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this .10 day of
X L . m yy l,:< .4 1911 2 by Richard Bury, Partner, Richard Feerick, Partner,
and Howard Kyflo, Partner, on behalf of BrK Partnership, a partnership.
1 ................„,........................................................r.
(-CI; I7 471 c 41. c ,it,g1
.1r... NO1A (V I Ili AC - 1.14.4!..C.TA
ii• N,4; r IN I. n.`o'.1y
My ,,I11 ,1111%1Olt v., a. Nov I, 19116
.................-.......--- -
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Snow fence and staked haybales
concrete walk
2tg91-1
0 Si90 with townhouse inforination
Noy., ALL 0.MC% ..0 .4 ; Al t P11 ,1 . CI I.) n it...1t. .,,ttit A 1 June 30, 1992
Exhibit
Arbor Glen
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.83 - 13
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 2-82 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 2-82 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie on the day of
, 198
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE:
A. That the text of the summary Ordinance 2-82, which is attached hereto,
is approved; and the City Council finds that said text clearly informs the
the public of the intent and effect of said ordinance.
B. That said text shall be published once in the Eden Prairie News in a body
type no smaller than brevier or eight-point type, as defined in Minn.
Stat. sec. 331.07.
C. That a printed copy of the Ordinance shall be made available for inspection
by any person during regular office hours at the office of the City Clerk
and a copy of the entire text of the Ordinance shall be posted in the City
Hall.
D. That Ordinance 2-82 shall be recorded in the ordinance book, along with
proof of publication required by paragraph B herein, within 20 days after
said publication.
ADOPTED by the City Council on )198 .
Wolfgang H. Penzel, Mayor
ATTEST:
Jain D. Franc, City Clerk
.2 4-165
The following is the full text of the City of Eden Prairie Ordinance No. 2-82, which
was adopted and ordered published at a regular meeting of the City Council of the City
of Eden Prairie on , 198 . Following the text of the Ordinance,
the Developer's Agreement which is incorporated therein by Section 5 of the Ordinance,
Is summarized.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
Arbor Glen
ORDINANCE NO. 2-82
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE
ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN
EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,
AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance, (hereinafter,
the "land") is legally described in Exhibit A, attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed
from the Rural District and be placed in the R1-13.5 and RM-6.5 Districts.
Section 3. That the proposal is hereby adopted and the land shall be, and
hereby is, removed from the Rural District and shall be included hereafter in the R1-13.5
and RM-6.5 Districts, and the legal descriptions of land in each District referred to
in the City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be and is amended
accordingly.
Section 4. City Code Chapter 1, entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99
entitled, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference,
as though repeated verbatim herein.
Section 5. The land shall be subject to the terms and conditions of that
certain Developer's Agreement dated as of , 198 , entered into between
BFK Partnership and the City of Eden Prairie, which agreement is hereby made a part
hereof.
Section 6. 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 7th day of September, 1982, and finally read and adopted and ordered published
at a regular meeting of the City Council of said City on the day of
198 .
Wolfgang H. Penzel, Mayor
ATTEST:
John D. Franc, City Clerk
PUBLISHED in the Eden Prairie News on the day of
198
aqi#6
Summary of Developer's Agreement: Arbor Glen
Developer will develop the land as described in
E
x
h
i
b
i
t
A
w
h
i
c
h
i
s
a
t
t
a
c
h
e
d
t
o
and incorporated in the Developer's Agreement. I
n
a
d
d
i
t
i
o
n
,
t
h
e
D
e
v
e
l
o
p
e
r
'
s
A
g
r
e
e
m
e
n
t
provides for:
1. Developer's warranty of title to the land.
2. Submission to the City Engineer of a development
p
l
a
n
f
o
r
t
h
e
l
a
n
d
,
i
n
c
l
u
d
i
n
g
b
u
t
n
o
t
limited to B Street ROW of 60ft, and a 20ft wide
o
u
t
l
o
t
.
3.a. Conveyance to the City of Outlots A and B as depic
t
e
d
o
n
E
x
h
i
b
i
t
B
.
3.b. Submission to the City of proof that the condition
o
f
t
i
t
l
e
o
f
p
r
o
p
e
r
t
y
conveyed to the City is such that it will vest goo
d
a
n
d
m
a
r
k
e
t
a
b
l
e
t
i
t
l
e
i
n
t
h
e
City.
4. Construction and maintenance of public improvemen
t
s
w
h
i
c
h
a
r
e
t
o
b
e
c
o
n
v
e
y
e
d
t
o
the CitYaswell as preservation and restoration of
a
r
e
a
s
s
u
r
r
o
u
n
d
i
n
g
s
a
i
d
improvements. Submission of a bond or letter of c
r
e
d
i
t
t
o
e
n
s
u
r
e
t
h
e
q
u
a
l
i
t
y
of said construction, maintenance, preservation an
d
r
e
s
t
o
r
a
t
i
o
n
.
5. Construction of: a.) Pathway within Outlet B; and
,
b
.
)
C
o
n
s
t
r
u
c
t
i
o
n
o
f
a
sidewalk north of "B" street, both as depicted on
E
x
h
i
b
i
t
B
o
f
t
h
e
D
e
v
e
l
o
p
e
r
'
s
Agreement. Grading of a trail within the Baker Ro
a
d
r
i
g
h
t
-
O
f
-
w
a
y
.
6. Rough grading to be performed by the Developer fo
r
i
m
p
r
o
v
e
m
e
n
t
s
w
h
i
c
h
t
h
e
C
i
t
y
will construct pursuant to 100% petition of all o
w
n
e
r
s
o
f
t
h
e
l
a
n
d
.
S
u
b
m
i
s
s
i
o
n
of a bond or letter of credit for the rough gradin
g
.
7. Payment to the City of first three years' lightin
g
f
e
e
s
.
8. Application of the Developer's Agreement to trans
f
e
r
e
e
s
o
f
t
h
e
l
a
n
d
.
9. Notice to the City's cable franchise.
10. City's remedies in the event that Developer viol
a
t
e
s
t
h
e
p
r
o
v
i
s
i
o
n
s
o
f
t
h
e
Developer's Agreement.
11. Developer's commitment not to oppose rezoning if
D
e
v
e
l
o
p
e
r
f
a
i
l
s
t
o
p
r
o
c
e
e
d
in accordance with the Developer's Agreement wit
h
i
n
2
4
m
o
n
t
h
s
.
12. Installation and maintenance during construction o
f
s
n
o
w
f
e
n
c
i
n
g
a
l
o
n
g
t
h
e
property's eastern boundary.
13. Submission to the Watershed District of storm sewe
r
c
o
n
s
t
r
u
c
t
i
o
n
p
l
a
n
s
.
Developer to follow the rules and regulations of s
a
i
d
W
a
t
e
r
s
h
e
d
D
i
s
t
r
i
c
t
.
14. Construction of a berm between the single family a
n
d
t
o
w
n
h
o
u
s
e
a
r
e
a
s
.
15. Posting of a sign as to development of townhouses
o
n
t
h
e
s
o
u
t
h
w
e
s
t
e
i
g
h
t
(
8
)
acres of the property.
Notice: A printed copy of this ordinance is avail
a
b
l
e
f
o
r
i
n
s
p
e
c
t
i
o
n
b
y
a
n
y
person during regular office hours at the office o
f
t
h
e
C
i
t
y
C
l
e
r
k
.
ADOPTED BY the Eden Prairie City Council on , 19.
tI61
CITY EiF iDLN
V=LSOIA
RESOLUTION NO. 83-17
A RESOLUTION APPROVING FINAL PLAT
OF ARBOR GLEN
WHEREAS, the plat of Arbor Glen has been sub-
mitted in the r.anner required for platting land .mder the Eden Pr
a
i
r
i
e
O
r
d
i
n
a
n
c
e
Code and under Chapter 462 of the Minnesota Statutes and all proc
e
e
d
i
n
g
s
h
a
v
e
b
e
e
n
duly Lad theleunder, and
WHEREAS, said plat is in all respects consistent with the City pl
a
n
a
n
d
the regulations and requirements of the laws of the State of Min
n
e
s
o
t
a
a
n
d
o
r
d
i
n
-
ances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ADEN PRAIRIE:
A. Plat Appiroval Request for Arbor Glen is approved
upon compliance with the recorTmendation of the City Engineer's
Report on this plat dated January 11, 1983.
B. That the City Clerk is hereby directed to file a certified copy
o
f
this resolution in the office of the Register of Deed and/or R
e
g
i
s
-
trar of Titles for their use as required by NSA 462.368, Subd
.
3
.
C. That the City Clerk is hereby directed to supply a certified cop
y
of this Resolution to the cAners and subdividers of the above r:fl
.
e
d
P 1
at
D. That the Mayor and City !...aager are hereby authuriped to Execute
the certificate of approval on behalf of the City Council upon co
m
-
pliance with the foregoing provisions.
ADOPTED by the City Council on January 18, 1983.
Wolfgang H. Pen7e1, Mayor
ATTEST:
SEAL
n—ITTr—a-n—e-,-
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 c;,,Ifi2
DATE: January 11, 1983
SUBJECT: ARBOR GLEN
PROPOSAL:
The developers, BFK Partnership, are requesting City Council approval
of the final plat of Arbor Glen. This plat consists of 8 acres zoned
RM 6.5 (Outlot B) and 24 acres zoned RI-13.5, and is located east of
Baker Road and north of Valley View Road in the North 1/2 of Section 10.
HISTORY:
Second reading of Ordinance No. 2-82 by the City Council, zoning the
property to RM 6.5 (8 acres) and RI-13.5 (24 acres), is scheduled
for January 18, 1983.
The preliminary plat was approved by the City Council on September 7,
1982, per Resolution 82-212.
The Developer's Agreement referred to within this report is scheduled
for execution on January 18, 1983.
VARIANCES:
All variance requests must be processed through the Board of Appeals.
UTILITIES AND STREETS:
Municipal utilities and streets will be installed throughout the addi-
tion in conformance with City Standards. The Developer has requested
City installation of the utilities and streets within the RI-13.5
portion of the site. Installation of utilities within the RM 6.5
portion will be done at a later date.
PARK DEDICATION:
The requirements for park dedication are covered in the Developer's
Agreement. Outlots A and C are to be dedicated to the City via
Warranty Deed immediately upon filing of the final plat and prior
to issuance of builidng permits.
BONDING:
The requirements for bonding are covered in the Developer's Agreement.
Arbor Glen Final Plat -2- Jan. 11, 1983
RECOMMENDATION:
Recommend approval of the final plat of Arbor Glen subject to the
requirements of this report, the Developer's Agreement, and the
following:
1. Receipt of cash deposit for street lighting in the
amount of $5,873.40.
2. Execution of Developer's Agreement.
3. Executed Warranty Deeds for Outlots A and C.
DLO:sg
2q11 0
. CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
January 18, 1983
CONTRACTOR (MULTI-FAMILY & COMM.) PLUMBING
ABJ Enterprises
Amcon Corporation
Arkay Construction Co.
W. L. Hall Company
Laukka Associates
Mattson Building & Supply Co.
R. J. Ryan Construction, Inc.
James Steel Construction Co.
CONTRACTOR (1 & 2 FAMILY1
Marvin H. Anderson Co.
Argus Development, Inc.
Aspen Realty, Inc.
Condor Corporation
Excel Builders, Inc.
Ferris Construction Co.
Goodwin Builders, Inc.
Groomesch Construction Co.
Hass/McNamara
Home Builders of Wayzata
James E. Johnson
Luse & Son, Inc.
Darley G. March
Robert H. Mason, Inc.
Prairie Construction
Prime Properties, Inc.
TLE Construction Company
Unibilt, Inc.
David A. Williams Realty & Const.
HEATING & VENTILATING
Aldo, Inc.
B & D Plumbing & Heating
C. 0. Carlson Air Conditioning
Dronen's Heating & Air Conditioning
Egan & Sons Company
GAS FITTER
B & D Plumbing & Heating, Inc.
All-American Mechanical, Inc.
Russ Anderson Plumbing
Aqua City Plumbing, Inc.
Egan & Sons Company
Genz-Ryan Plumbing & Heating Co.
Raymond E. Haeg Plumbing, Inc.
Hovde Plumbing & Heating
Klamm Mechanical Contractors, Inc.
Lakeside Plumbing & Heating, Inc.
Randy Lane Plumbing
Le Vahn Brothers, Inc.
Mac Donald Plumbing Co.
McQuire - Twin City Plumbing & Heating
Medicine Lake Mechanical, Inc.
Midwestern Mechanical
Minnesota Mechanical, Inc.
Richfield Plumbing Co.
Schulties Plumbing, Inc.
Southtown Plumbing, Inc.
Southwest Plumbing
Stant Plumbing
Swanson & Schiager
Don Voss Plumbing & Heating Co.
Don Weld Plumbing
Westonka Plumbing & Heating, Inc.
WATER SOFTNER
Culligan Water Service Co.
Surge Soft Water
REFUSE COLLECTORS
Jacobson Sanitary Service
MCS Refuse Haulers
Woodlake Sanitary Service, Inc.
MECHANICAL GAMES
Electronic Entertainment (Preserve Drug) ,
240/
CLERK'S LICENSE APPLICATION LIST
page two
CIGARETTES
Coca Cola Bottling Co.
Consumer Vending
Eden Inn
Griswold Vending Co.
Jimmy Jingle
Servomation Corporation
Surfco
VENDING MACHINES
Allen Arthur, Inc.
American Aviation
Chestnut Apartments
Coca Cola Bottling Co.
Griswold Vending Co. '
Jimmy Jingle
Roberts Drug
Interstate United Corporation
Servomation Corporation
Sirvend, Inc.
PRIVATE KENNEL LICENSE
Harold W. Jenkins
E. J. Renier
L. Guy Schoenecker
COMMERCIAL KENNEL LICENSE
Kingdale Kennels
RETAIL CANDY OUTLET
Fanny Farmer Candy Shop
Fannie May Candy Shop
Sears Roebuck & Co.
Type B Food License
Roberts Drug
Type_A Food License
Jerry's Foods
PITY71
Jerry's Foods
Meat Dept.
Jerry's Foods
Candy Shop
Jerry's Foods
SOLICITORS LICENSES
Minnesota Cablesystems
These licenses have been approved by the department heads responsible for
irthe licensed 's tivity.
fat Soli
/ t •
censing Clerk
MEMORANDUM
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
THRU: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Community Servicerl egt--
DATE: Janaury 11, 1983
SUBJECT: Snowdrifters Snowmobile Club Request
Attached is a copy of the Minnesota Trail Assistant Program Agreement form
that must be approved by the City Council in order for the Snowdrifters
Snowmobile Club to receive funding assistance for the maintenance and con-
struction of snowmobile trails within the City of Eden Prairie.
The Snowmobile Club has contacted all property owners and received permission
to mark and maintain a snowmobile trail across their property. The Club is
reimbursed by the State of Minnesota through the City for the labor to put
up and take down signs and for the construction and grooming of the snowmobile
trails. The local unit of government must sponsor the Club; however, the
local unit of government accepts no liability for the trail, nor does it
incur any costs for the construction or maintenance of the trail.
Staff requests the Parks, Recreation and Natural Resources Commission and the
City Council to approve the attached resolution.
BL:md
203
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 83-11
RESOLUTION APPROVING CONSTRUCTION & MAINTENANCE OF A
PUBLIC SNOMOBILE TRAIL WITHIN THE CITY OF EDEN PRAIRIE
WHEREAS, the City of Eden Prairie desires to establish, construct and
maintain public snowmobile trails, and
WHEREAS, the Eden Prairie Snowdrifters Snowmobile Club has requested
the City of Eden Prairie to sponsor the Eden Prairie snowmobile trail.
NOW, THEREFORE, BE IT RESOLVED, that the City of Eden Prairie, County
of Hennepin, does authorize the Eden Prairie Snowdrifters Snowmobile Club
to construct and maintain a snowmobile trail for use by the public in
accordance with the Minnesota Trail Assistance Program Manual.
ADOPTED, by the Eden Prairie City Council this 18th day of January
1983.
Wolfgang H. Penzel, Mayor
ATTEST:
John D. Franc, Clerk SEAL
MEMORANDUM
TO:
THRU:
FROM:
DATE:
Mayor and City Council
Bob Lambert, Director of Community Services -1-4—w
Stuart A. Fox, City Forester
January 7, 1983
SUBJECT: Request Public Hearing for the Removal of Diseased Trees on
. Private Property.
In accordance With City Code Section 9.62 (Ordinance #77-36) a public
hearing must be held prior to removal of diseased trees, by City contract,
from private property. Numerous diseased trees marked during the summer
of 1982 have not been removed by the landowners.
The staff requests that a public hearing be held on February 15, 1983
to consider removal of these diseased trees. The Council will be provided
with a complete list of homeowners, trees and estimated cost of removal
for each property affected by the public hearing.
SAF:md
205
MEMO
City Council
Steve Durham, Planning Intern
Chris Enger, Director of Planning
Household and Outside Maintenance for Elderly (H.O.M.E.) Program
Allocation of CDBG Funds
January 5, 1983
TO:
FROM:
THROUGH:
SUBJECT:
DATE:
Planning Department Staff has reviewed the agreement concerning the allocatio
n
o
f
funds from CDBG to Southern Hennepin Human Services (SHHS) in support of the
H.O.M.E. Program. Monies allocated to the Program will serve only Eden Prairi
e
'
s
elderly residents with household and outside maintenance needs to those who
q
u
a
l
i
f
y
.
The procedure of services is as follows:
1. H.O.M.E. will provide requested service.
2. Eden Prairie will receive invoice from H.O.M.E. and make full payment to H.
O
.
M
.
E
.
3. Eden Prairie shall then submit a Warrant Request to Hennepin County to draw
on the CDBG funds for reimbursement.
All administration procedures of H.O.M.E. will be carried out by SUMS. Respo
n
s
i
-
bilities of the City are to receive information provided by H.O.M.E. to verif
y
residency prior to payment to SHHS. No request for H.O.M.E. services were fi
l
e
d
t
o
the City during 1982, Year VIII of CHG.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION #83-20
A RESOLUTION TO AUTHORIZE RELEASE OF FUNDS FROM THE URBAN HENNEPIN COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT (CMG) PROGRAM TO SOUTHERN HENNEPIN HUMAN SERVICE COUNCIL FOR
SUPPORT OF H.O.M.E. PROGRAM AND AUTHORIZE EXECUTION OF AGREEMENT FOR SAID RELEASE
WHEREAS, the City is an authorized subgrantee participant in the Urban Hennepin County
Community Development Block Grant program by virtue of a joint cooperation agreement
executed between the City and Hennepin County pursuant to NSA 471.59; and,
WHEREAS, the City has allocated Urban Hennepin County Community Development Block
Grant funds in program year VIII, project number 776, for the purpose of supporting
the H.O.M.E. program administered by the Agency;
NOW, THEREFORE, in consideration of the mutual covenants and promises contained in
the Agreement attached hereto, and made a part hereof, the parties mutually agree to
the terms and conditions of said Agreement.
,ADOPTED by the City Council of Eden Prairie this
day of
1983.
Wolfgang H. Penzel, Mayor
ATTEST:
John D. Frane, City Clerk SEAL
AGREEMENT
This agreement made and entered into by and between the City of Eden Prairie, Minnesota,
herein after referred to as the "City" and South Hennepin Human Services Council, a
public service agency, herein after referred to as the "Agency,"
WITNESSETH:
I.
The City agrees to provide $2,500.00 in Urban Hennepin County Community Development
Block Grant funds to the Agency in support of the H.O.M.E. program.
The Agency agrees to provide the City:
1. Affidavit of Agency service fee schedule.
2. A financial statement for the past full year.
3. A statement of public revenue sources for the period June 1, 1981 through
June 1, 1982.
The agency provides assurance that it will comply with:
1. Title VI of the Civil Rights Act of 1964 (PL88-352) (Nondiscrimination in
programs or activities receiving Federal financial assistance.)
2. Section 109 of the Housing and Community Development Act of 1974 as amended.
(Nondiscrimination in any program or activity subject to provision of the
HCDA.)
3. OMB Circular A-102 Attachment 0, Section 14, paragraph (h) by assuring the
grantee, federal grantor agency, the Comptroller General of the United States
or any duly authorized representative access to all records directly perti-
nent to this contract for the purpose of making audit examinations, excerpts,
and transcriptions.
4. OMB Circular A-102 Attachment C (2), and maintain all required records for
a period of three years after receiving final payment.
207
I V.
The Agency, prior to financial reimbursement from the City shall provide the City
with:
1. H.O.M.E. Service Request/Chore Maintenance.
2. Individual Data Confidentiality form.
3. Client Income Verification.
4. Maintenance Service Plan/Service Evaluation.
V.
This Agreement is effective as of and shall continue in full
force and effect until all funds made available under this agreement have been expended
in accordance with paragraphs I-IV, but no later than July 1, 1984.
IN TESTIMONY WHEREOF, the parties hereto have set their hands and affixed their
seals this day of January, 1983.
Upon proper execution, this
Agreement will be legally
valid and binding.
Executive Director, South
Hennepin Human Services Council
City of Eden Prairie
State of Minnesota
City of Eden Prairie
By
Wolfgang H. Penzel, Mayor
and,
Carl J. Jullie, City Manager
By
Chair, South Hennepin Human
Services Council
and
2099
January 18, 1983
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R83-21
RESOLUTION APPROVING PLANS
AND SPECIFICATIONS AND ORDERING
ADVERTISEMENT FOR BIDS
WHEREAS, the City Engineer has prepared plans and specifications
for the following improvements to wit:
I.C. 52-037, Arbor Glen Utilities
and has presented such plans and specifications to the Council for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDEN PRAIRIE:
1. Such plans and specifications, a copy of which is on file
for public inspection in the City Engineer's office.
2. The City Clerk shall prepare and cause to be inserted in
the official paper and in the Construction Bulletin an
advertisement for bids upon the making of such improvement
under such approved plans and specifications. The adver-
tisement shall be published for 2 week(s), shall specify
the work to be done, shall state that bids shall be opened
at 10:00 o'clock A.M. on Tuesday, March 1, 1983, and
considered by the Council at 7:30 o'clock P.M. on Tuesday,
March 1, 1983, in the Council Chambers of the City Hall,
and that no bids will be considered unless sealed and
filed with the Clerk and accompanied by a cash deposit,
cashier's check, bid bond or certified check payable to
the City for 5% (percent) of the amount of such bid.
ADOPTED by the Eden Prairie City Council on January 18, 1983.
Wolfgang H. Penzel, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
.29'70
ORDINANCE NO. 1-83
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 5 BY ADDING THERETO SECTION 5.40 RELATING TO
THE REGULATION, LICENSING AND USE OF GAMBLING DEVICES, AND ADOPTING
BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 5.01 TIIROUGH 5.11
AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS.
THE. CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section I. City Code Chapter 5 shall be and is amended by adding thereto
Sec. 5.40 which reads as follows:
SEC. 5.40. GAMBLING DEVICES.
Subdivision 1. Purpose. The purpose of this section is to regulate
and control the conduct of certain gambling activities pursuant to the provisions
of Minnesota Statutes, Section 349.26.
Subd. 2. nefinitions. For the purposes of this ordinance the terms
defined in this ordinance have the following meanings.
(a) "Gambling devices" means those gambling devices known
as "paddle wheels" or "tip boards", "pull tabs" (or "ticket jars"), or apparatus used
in conducting raffles.
(b) "Paddle wheel" means a wheel marked off into sections
containing one or more numbers, and which, after being turned or spun, uses a
pointer or marker to indicate winning chances.
(c) "Tip board' means a board, placard or device measuring
at least twelve inches square, marked off in a grid or columns, in which each sec-
tion contains a hidden number or numbers, or other symbol, which determines
the winning chances.
(d) "Raffle" means a game in which a participant buys a ticket
for a chance at a prize with the winner determined by random drawing to take
place at a location and date printed upon the ticket.
(e) "Pull tabs" (or "ticket jars") means a single folded or banded
ticket or a card, the face of which is initially covered, or otherwise hidden from
view, to conceal a number or set of numbers or a symbol or set of symbols. A
few of the numbers or symbols out of every set of pull tabs (or ticket jars) will
have been desOlated in advance and at random as prize winners. The participant
pays ;1 consrkr,itiou to an 0 1 mc rat or for the opportunity to obtain a folded or banded
ticket or a card, view the numbers or symbols on it and possibly obtain a prize
winning pull tab (or ticket jar).
201
(f) "Profit" means the gross receipts from the operation of
gambling devices and the conduct of raffles, less reasonable sums expended for
prizes, local licensing fees, taxes and maintenance costs for the devices.
(g) "Gambling manager" means a member who has paid all
his dues to the organization and has been a member of the organization for at
least two years and has been designated by an organization to supervise gambling
activities conducted by it.
(h) "Active member" means a member who has paid all his
dues to the organization and has been a member of the organization forot least
six months.
(i) "Organization" means a fraternal, religious, veterans or
other nonprofit organization which is a corporation, fund, foundation, trust, or
association organized for exclusively scientific, literary, religious, charitable,
educational, or artistic purposes, or for the purpose of iflaking contributions to
or for the use of the United States, the State of Minnesota, or any of its political
subdivisions for exclusively public purposes, or for any combination of the above
enumerated purposes, if no part of the net income of any such corporation, fund,
foundation, trust, or association inures to the benefit of any private member,
stockholder, or individual, or is a club organized and operated exclusively for
pleasure, recreation, or other nonprofitable purposes, no part of the net income
of which inures to the benefit of any private member, stockholder or individual,
which organization has been in existence for at least three years and has at least
15 active members.
(j) "Lawful purpose" means one or more of the following:
(1) Benefiting persons by enhancing their opportunity
for religious or educational advancement, by relieving or protecting them from
disease, suffering or distress, by contributing to their physical well being, by as-
sisting them in establishing themselves in life as worthy and useful citizens, or
by increasing their comprehension of and devotion to the principals upon which
this nation was founded;
(2) Initiating, performing, or fostering worthy public
works or enabling or furthering the erection or maintenance of public structures;
(3) Lessening the burdens born by government or voluntarily
supporting, augmenting or supplementing services which government would normally
render to the people; or
(4) The improving, expanding, maintaining or repairing
real property owned or leased by an organization. "Lawful purpose' does not include
the erection or acquisition of any real property, unless the City specifically authorizes
the expenditure after finding that the property will be used exclusively for one
or more of the purposes specified in this subdivision.
(k) Nothing in the City Code shall be construed to authorize
any use, possession or operation of :
-2-
q
(1) Any gambling device which is activated by the insertion
of a coin or token; or
(2) Any gambling game or device in which the winning
numbers, tickets or chances are in any way determined by the outcome of any
athletic contest or sporting event.
Subd. 3. License Requirement. A system for the licensing of organizations
to operate gambling devices and to conduct raffles is hereby established. No
person shall directly operate a gambling device or conduct a raffle except as autho
r
i
z
e
d
by statute and the City Code and unless a license to do so, as provided in this
section has first been obtained.
Subd. 4. Fees and Application Procedure.
(a) There are two types of licenses which may be issued by
the City for each device or occasion:
(1) A single occasion temporary license or
(2) An annual license. All single occasion temporary
licenses are valid only on the dates specified. Annual licenses shall expire one
year after the date of issuance.
(b) Action on the application shall be taken in accordance
with section 5.03 of the City Code, provided however the application shall be
acted on within ISO days from the date of application, but a license shall not be
issued until at least 30 days after the date of the application.
(c) The application shall contain an agreement on the part
of the applicant that if the license being applied for is granted, the licensee will
save the City, its of f icers and agents harmless against any claims or actions and
the cost of defending any claims or actions arising out of or by reason of the grantin
g
of the license or the conduct of any of the activities authorized by the license.
Subd. 5. Issuance of License. Licenses shall be issued only to an organi-
zation as defined in subd. 2 of this section.
Subd. 6. Profits. Profits from the operation of gambling devices or
the conduct of raffles shall be used solely for lawful purposes and as authorized
at a regular meeting of the organization.
Subd. 7. Conduct of Gambling. All operation of gambling devices
and the conduct of raf Iles shall be tinder the supervision of a single gambling mana
g
e
r
designated by the organization. The gambling manager shall be responsible for
gross receipts and profits from gambling devices and rallies and for their operatio
n
.
The gambling manager shall give a fidelity bond in the suin of $10,000 in favor
of the organization conditioned on the faithful performance of his duties. A gamb
l
i
n
g
manager for a single organization shall not act as a gambling inanager for any
other organization. A gambling manager for an organization shall be an active
member of the or
-3-
,2(173
Suhd. 8. Compensation. No compensation in excess of $25 a week,
shall be paid in connection with tile operation of a gambling device or the conduct
of a raffle by a licensed organization except a licensed organization :nay elect
to pay a percent of raffle: ticket sales to nonprofit organizations selling for the
licensed organization. No person who is not an active member of an organization,
or its 'auxiliary, or the spouse or surviving spouse of an active member :nay partici-
pate in the organization's operation of a gambling device or conduct of a raffle
except the licensed organization :nay utilize nonmember nonprofit organization
in raffle ticket sales.
Subd. 9. Reporting Requirements.
(a) Each organization licensed to operate gambling devices
shall keep records of its gross receipts, quantity of free plays, if any, expenses
and profits for each single gathering or occasion at which gambling devices are
operated or a raffle is conducted: All deductions from gross receipts for each
single gathering or occasion shall be documented with receipts or other records
indicating the amount, the description of the purchased item or service or other
reason for the deduction, and the recipient. The distribution of profits shall be
itemized as to payee, purpose, amount and date of payment.
(b) Gross receipts from the operation of gambling devices
and the conduct of raffles shall be segregated from other revenues of the organi-
zation and placed in a separate account. Each organization shall have separate
records of its gambling operations. The person who accounts for gross receipts,
expenses and profits from the operation of gambling devices or the conduct of
raffles may be the same person who accounts for other revenues of the licensed
organization.
(c) Each organization licensed to operate gambling devices
or to conduct raffles shall report monthly to its membership, and to the City Clerk,
its gross receipts, expenses and profits, from gambling devices or raffles, and the
distribution of profits itemized as required in this section.
(d) Records required by this ordinance shall be preserved for
three years, and organizations shall make available their records relating to opera-
tion of gambling devices and the conduct of raffles for public inspection at reason-
able times and places.
Subd. 10. Eligible Premises. Gambling devices shall be operated and
raffles conducted by a licensed organization only upon premises which it owns
or leases except that tickets for rattles conducted in accordance with this section
may be sold of f the premises. The City Clerk, upon approval by the City Council,
may authorize rallies to be conducted by a licensed organization on premises
not owned or leased by the organization. Leases shall be for a period of not less
than one year and shall be in writing. No lease shall provide that rental payments
be based on a percentage of receipts or profits from gambling devices or raffles.
A copy of each lease shall be filed with the City Clerk at the time of the applica-
tion for license and shall con pri3e a part of the application.
-4-
(-17(-1
SIM, II. pr
(a) Total prizes from the operation of paddle whee
l
s
,
t
i
p
b
o
a
r
d
s
and pull tabs (or cbet jars) a..varded in any single day in which they are oper.tted
shall nut csceed $1,1./..i0. Total pt izcs tesulting
f
r
o
m
a
n
y
s
i
n
g
l
e
s
p
i
n
o
f
a
p
a
d
d
l
e
wheel, or Ito n any single seal of a tip board, ea
c
h
t
i
p
b
o
a
t
d
l
i
m
i
t
e
d
t
o
a
s
i
n
g
l
e
seal, or fru n a sin i le cull t.e.b (or ticket jar), shall not exceed $15
0
.
T
o
l
d
p
r
i
z
e
s
zwarded in :my c.der.dar year by any ot
f ro•n the operation of paddle
wh els, tip boacds a ,id pill 1,1)5 (or ticket jars) and the colidoct of
a
f
I
l
e
s
,
e
x
c
e
p
t
as provided in 'lure (.)) of this su5divi•ii011thall
1
t
t
:
:
•
:
c
c
t
i
t
i
$
3
5
,
0
0
0
.
1
..lerchitatlise
prizes shall he valued at fair m:trket tetail
value.
(b) (1) An organization which directly or under contract
to the state or a political sobdivision delivers
h
e
a
l
t
h
o
r
s
o
c
i
a
l
s
e
r
v
i
c
e
s
a
n
d
w
h
i
c
h
is exempt Iron taxation put suant to section .50
1
(
0
(
3
)
o
f
t
h
e
I
n
t
e
r
n
a
l
R
e
v
e
n
u
e
Code of 1954, as ametided through December 30
,
1
9
5
1
,
m
a
y
a
.
t
v
a
r
d
p
r
i
z
e
s
i
n
a
c
a
l
e
n
-
dar year from the conduct of rali les, in excess
o
f
t
h
e
l
i
m
i
t
a
t
i
o
n
p
r
o
v
i
d
e
d
i
n
t
h
i
s
section, provided the priZes•cousist of real
Or personal property donated to the
organi7ation by an individual, corporation, or o
t
h
e
r
o
r
g
c
o
i
z
a
t
i
o
n
a
n
d
,
e
x
c
e
p
t
a
s
provided in claiise (2), provided the organization complies with the o
t
h
e
r
r
e
q
u
i
r
e
-
•
molts and restrictions of this or
(2) For the purposes of this subdivision, an'organiza
t
i
o
n
cot (iced by chose (1) is not subject to the mem
b
e
r
s
h
i
p
1
b
n
i
t
a
t
i
o
n
s
n
o
r
t
o
t
h
e
c
o
m
p
e
n
-
sation limitations of this or
Subd. 12. Termination Provision. This Sec. 5.40 shall terminate and
cease to be effective on December 31, 1
9
8
,
u
n
l
e
s
s
p
r
i
o
r
t
h
e
r
e
t
o
t
h
e
C
o
u
n
c
i
l
s
h
a
l
l
adopt an ordinance amending this Sec. 5.4 -6 to extend its effective duration beyond
such termination date. Any and all pe
r
m
i
t
s
,
l
i
c
e
n
s
e
s
,
p
r
i
v
i
l
e
g
e
s
o
r
r
i
g
h
t
s
o
f
whatever nature issued, extended or gra
n
t
e
d
i
n
a
n
y
m
a
n
n
e
r
b
y
v
i
r
t
u
e
o
f
t
h
i
s
s
e
c
t
i
o
n
will terminate and become void on the date
t
h
i
s
s
e
c
t
i
o
n
t
e
r
m
i
n
a
t
e
s
.
Section 2. City Code Ch2pter I entitled "Gener
a
l
P
r
o
v
i
s
i
o
n
s
a
n
d
D
e
f
i
n
i
t
i
o
n
s
Applicable to the Entire City Code Including P
e
n
a
l
t
y
f
o
r
V
i
o
l
a
t
i
o
n
'
a
n
d
s
e
c
t
i
o
n
s
5.01 tilt ouGh 5.11 end section 5.99 entitled "Vi
o
l
a
t
i
o
n
a
M
i
s
d
e
m
e
a
n
o
r
"
a
r
e
h
e
r
e
b
y
adopted in their entirety, by reference, as thou
g
h
r
e
p
e
a
t
e
d
v
e
t
b
a
t
i
m
h
e
r
e
i
n
.
Section 3. This ordinance shall become effective fro:n and
a
f
t
e
r
i
t
s
p
a
s
s
a
g
e
and publication.
FIRST READ at it re3ular meeting of the City C
o
u
n
c
i
l
o
f
t
h
e
C
i
t
y
o
f
E
d
e
n
Prairie on the day of 1957, and final
l
y
r
e
a
d
a
n
d
a
d
o
p
t
e
d
a
n
d
ordet ed prihIldiLtI it a I egular 11 -ii•Cit-ing of the City Council of said City on the
day of , 1982.
ATT1:ST:
City Cleft< Mayor
PU1)1,1S111:1) in the 1:d;:n PlArie News on the day of 1982.
:4q 75 "-s
PUD DEVELOPMENT FORM
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 83-22
A RESOLUTION APPROVING THE DEVELOPMENT OF PLANNED
UNIT DEVELOPMENT FOR TOWERS ADDITION F82-46
WHEREAS, the City of Eden Prairie has by virtue of City Code provided
for the Planned Unit Development (PUD) of certain areas located within the
City, and
WHEREAS, the Towers Addition PUD is considered a proper
amendment to the Deer Creek PUD, ;80-9, and,
WHEREAS, the City Planning ComMission did conduct a public hearing
on December 13, 1983 PUD Development and considered T. Michael Carmody's
request for approval for development (and variances) and
recommended approval of the requests to the City Council, and
WHEREAS, the City Council did consider the request on January 18
19 83
NOW THEREFORE BE IT RESOLVED, by the City Council of Eden Prairie,
Minnesota, as follows:
1. The Towers Addition development of PUD #82-46
being in Hennepin County, Minnesota, and legally described
as outlined in Exhibit A, attached hereto and made a part
hereof.
2. That the City Council does grant PUD Development approval
as outlined in the application material dated 12-13-82 .
3. That the PUD Development meet the recommendations of the
Planning Commission dated 12-13-82
ADOPTED, by the City Council of Eden Prairie this
day of
, 1982.
Wolfgang H. Penzel, Mayor
ATTEST:
TORT-0. Franc, City Clerk SEAL
2.00
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 82-23
RESOLUTION APPROVING THE PRELIMINARY PLAT
'OF THE TOWERS ADDITION
BE IT RESOLVED by the Eden Prairie City Council as follows:
That the preliminary plat of the Towers Addition
dated December 13, 1982 , a copy of which is on file at the City Hall
and amended as follows:
Is found to be in conformance with the provisions of the Eden Prairie
Zoning and Platting ordinances and amendments thereto and is herein
approved.
ADOPTED by the Eden Prairie City Council on the N __day of
19 .
aligang H. Penzel, Mayor
John D. Franc, City Clerk
SEAL
2473
MINUTES
EDEN PRAIRIE PLANNING COMMISSION
Monday, December 27, 1982
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
7:30 p.m., City Hall
Acting Chairperson Liz Retterath, Virginia Gartner,
Robert Hallett, Grant Sutliff, and Hakon Torjesen (7:40)
Chairman William Bearman (Medical Leave) and
Dennis Marhula
Chris Enger, Director of Planning
Kate Karnas, Planning Secretary
Pledge Of Allegiance--Roll Call •
I. APPROVAL OF AGENDA
Motion was made by Hallett, seconded by Sutliff, to approve the agenda as
submitted. Motion carried--4-0-0
APPROVAL OF DECEMBER 13, 1982 MINUTES
Motion was made by Gartner, seconded by Hallett to approve the minutes of
the December 13, 1982 meeting as presented.
Motion carried--3-0-1 (Sutliff abstained)
III. MEMBERS REPORTS
None
IV. DEVELOPMENT PROPOSALS
A. TOWERS ADDITION, by T. Michael Carmody. Request for PUD District
Review of 6.75 acres, with variances, for medium density residential
and single family uses, rezoning from Rural to RM6.5 for 8 quadraminium
buildings and from Rural to R1-13.5 for 2 single family lots and preli-
minary plat of 6.75 acres for 8 quadraminium buildings (32 units) and
2 single family lots. Located north of Carmody Drive and east of
Mitchell Road. A public hearing continued (from December 13, 1982).
Staff reviewed the request of T. Michael Carmody for approval of the Towers
Addition proposal and reviewed the Staff report of December 23, 1982 with
the Commission.
2t1.79
Planning Connission Minutes -2- December 27, 1982
Bill Dolan, Meadowood, Inc., representing the proponent, stated that
concerns of the Commission at their last meeting of December 13, 1982
had been addressed by the revised plan. Furthermore, he stated that
proponent was in concurrence with the proposed plan amendments of
Staff, including the proposed Staff Sketch, Figure #2, of the Staff
Report dated December 23, 1982, realigning the lots and streets.
DISCUSSION
Hallett questioned whether the concerns of Commissioner Marhula had been
addressed from the meeting of December 13, 1982, i.e. private drives being
too lengthy. Planner Enger stated that the concerns had been addressed and
that all drives had been shortened in length, if not eliminated.
Hallett asked whether the City of Eden Prairie had allowed other private
drives to access Mitchell Road directly. Planner Enger stated that the
City had done so, and that such drives existed north of the proposed
development. It was suggested that the southerly most units have driveway
access to Carmody Lane instead of Mitchell Road.
There were no comments from members of the audience.
MOTION #1
Motion was made by Gartner, seconded by Hallett, to close the public
hearing.
Motion carried--5-0-0
MOTION #2
Motion was made by Gartner, seconded by Sutliff to recommend to the City
Council approval of the request for PUG District Review of 6.75 acres, with
variances, for medium density residential and single family uses, and rezoning
from Rural to RM-6.5 for 8 quadraminium buildings and from Rural to R1-13.5
for 2 single family lots per plans dated December 27, 1982, for the Towers
Addition of T. Michael Carmody, subject to the recommendations of the Staff
Report dated December 23, 1982.
Motion carried--5-0-0
MOTION #3
Motion was made by Gartner, seconded by Torjesen, to recommend to the City
Council approval of the request for preliminary plat of 6.75 acres for 8
quadraminium buildings (32 units) and 2 single family lots for the Towers
Addition of T. Michael Carmody, per plans dated December 27, 1982, subject to
recommendations of the Staff Report dated December 23, 1982, and that the
proponent submit revised drawings and plans to the City prior to Council
review.
Motion carried--5-0-0
24 ?9
Planning Commission Minutes
December 13, 1982
Members Present: Acting Chairman Liz Retterath, Virginia G
a
r
t
n
e
r
,
R
o
b
e
r
t
H
a
l
l
e
t
t
,
D
e
n
n
i
s
Marhula, Hakon Torjesen
B. royss AD017TON, by T. Michael Carmody. Request for PUD District Review o
f
6,7S- acres, (Ort of an 80-acre PUD) for medium dc,nsity reside
n
t
i
a
l
a
n
d
single family uses, rezoning from Rural to RM 6.5 ,ur 8 quadraminium
buildings and flom Rural to R1-13,5 for 2 single family lots with variances
and prelimin&ry plat of 6.75 acres for 8 quadram -inium LAildings (32 units)
and 2 single fimily lots. Located north of Carmc.dv Drive a
n
d
e
a
s
t
o
f
Mitchell Road. A public hearing (postponed from November 2
2
,
1
9
8
2
m
e
e
t
i
n
g
)
.
Bill Dolan, Meadowood, Inc., Planners and Engineers for the
d
e
v
e
l
o
p
e
r
,
p
r
e
-
sented the request for Mr. Carmody. Mr. Dolan stated that
h
e
a
n
d
t
h
e
o
w
n
e
r
had reviewed the Staff Report and would comply with the re
c
o
m
m
e
n
d
a
t
i
o
n
s
contained therein.
• Planner Enger reviewed the Staff Report with the Commissio
n
,
s
t
a
t
i
n
g
t
h
a
t
the variances requested could be handled within the POD Di
s
t
r
i
c
t
R
e
v
i
e
w
process, rather than through the Board of Appeals and Adju
s
t
m
e
n
t
s
.
Gartner questioned the need to continue Morgan Lane as a t
h
r
o
u
g
h
s
t
r
e
e
t
to Carmody Drive. Planner Enger explained that the propos
a
l
t
o
d
o
s
o
w
a
s
based on safety reasons for ease of access to the lots for
e
m
e
r
g
e
n
c
y
vehicles. Gartner suggested that a drive be extended to C
a
r
m
o
d
y
D
r
i
v
e
instead of extending the public street.
Marhula stated concern for the length of the private drive
s
p
r
o
p
o
s
e
d
i
n
' the project. He added that he did not feel the drives pr
o
v
i
d
e
d
g
o
o
d
access to the interior units as proposed.
MOTION
Motion was made by Torjesen, seconded by Gartner, that t
h
e
T
o
w
e
r
s
A
d
d
i
t
i
o
n
be continued to the December 27, 1982 Planning Commission
m
e
e
t
i
n
g
f
o
r
purposes of allowing the developer to redesign the access t
o
t
h
e
l
o
t
s
.
Motion carried--5-0-0
.1(190
STAFF REPORT
TO:
Trot:
THOUGH:
DATE:
Planning Commission
Stephen Sullivan, Assistant Planner
Chris Enger, Director of Planning
December 23, 1982
APPLICANT
AND FEE OWNER: T. Michael Carmody
PROJECT: Towers Addition
LOCATION: East of Mitchell Road, north of Carmody Drive
REQUESTS: 1. PUD District Review for Medium Density Residential and Single
Family
2. Rezoning from Rural to RM-6.5 for 8 Quadraminium Buildings and
from Rural to R1-13.5 for 2 Single Family Lots
3. Preliminary Plat Review of 6.75 Acres for 8 Quadraminium
Buildings (32 units) and 2 Single Family Lots
Planning Commission
-2- December 23, 1982
Towers Addition
Background
Current zoning is Rural. The Guide Plan illustrates the
s
i
t
e
a
s
R
e
s
i
d
e
n
t
i
a
l
M
e
d
i
u
m
Density. The project is presently structured so that the
o
w
n
e
r
w
i
l
l
s
e
l
l
t
h
e
d
e
v
e
l
o
p
e
d
lots to a builder, who will stay with the entire projec
t
f
r
o
m
s
t
a
r
t
t
o
f
i
n
i
s
h
.
T
h
e
proposed completion of the project is Fall, 1983.
The site is platted differently than the typical townhou
s
e
s
i
t
u
a
t
i
o
n
.
I
n
l
i
e
u
o
f
placing property lines adjacent to exterior building wal
l
s
,
t
h
u
s
p
r
o
v
i
d
i
n
g
m
u
t
u
a
l
site common areas, the proponent has proposed platting w
h
i
c
h
i
n
c
l
u
d
e
s
t
h
e
b
u
i
l
d
i
n
g
and a lot. Common areas are reduced and easements for c
o
m
n
o
n
e
n
t
r
y
a
n
d
d
r
i
v
e
s
a
r
e
utilized.
A letter instructing the proponent's attorney to draft a
f
o
r
m
a
l
l
e
g
a
l
d
o
c
u
m
e
n
t
establishing architectural control, a townhouse owners' as
s
o
c
i
a
t
i
o
n
,
n
o
r
m
a
l
c
o
m
m
o
n
wall easements, utility easements, maintenance of commo
n
a
r
e
a
s
,
a
n
d
o
t
h
e
r
c
o
m
p
o
n
e
n
t
s
is part of the file. These records will be reviewed by an
d
r
e
c
o
r
d
e
d
w
i
t
h
t
h
e
C
i
t
y
prior to the issuance of a building permit.
The Planning Commission had reviewed the Towers Addition
a
t
t
h
e
D
e
c
e
m
b
e
r
1
3
,
1
9
8
2
Commission meeting and agreed that it be continued to the
D
e
c
e
m
b
e
r
2
7
,
1
9
8
2
m
e
e
t
i
n
g
for purposes of allowing the developer to revise the site
p
l
a
n
t
o
:
I. Change the length and extensive use of private drives with
i
n
t
h
e
p
r
o
j
e
c
t
.
2. Delete the cul-de-sac and continue Towers Lane through to
C
a
r
m
o
d
y
D
r
i
v
e
.
Existing Site Character
The soil classifications per the Hennepin County Soil Sur
v
e
y
d
e
p
i
c
t
s
t
h
e
p
r
o
p
o
s
e
d
site being of:
1. Dickman Sandy Loam--slight limitations for development; g
o
o
d
b
e
a
r
i
n
g
c
a
p
a
c
i
t
y
.
2. Grey, Very Fine Sandy Loam--Poor to fair bearing capacity
.
3. Hamel Loam—High water table; frost heaving; settling; m
o
d
e
r
a
t
e
t
o
s
e
v
e
r
e
limitations for development.
Proponent shall condition poor soil areas on the propose
d
s
i
t
e
b
y
r
e
m
o
v
a
l
,
s
u
r
c
h
a
r
g
e
,
design modifications, etc.
The existing topography consists of rolling hills. The
n
o
r
t
h
c
e
n
t
r
a
l
a
r
e
a
o
f
t
h
e
s
i
t
e
is the high point, with an elevation of 874. The site t
h
e
n
s
l
o
p
e
s
t
o
t
h
e
e
a
s
t
a
n
d
west. To the east, running southwest to northeast, ther
e
i
s
a
n
o
v
e
r
g
r
o
u
n
d
d
r
a
i
n
a
g
e
w
a
y
which ends at a catch basin located within the east cent
r
a
l
p
o
r
t
i
o
n
o
f
t
h
e
s
i
t
e
.
2 4/ 9
Planning Commission -3 - December 23, 1982
Towers Addition
This drainageway easement is at a 30 ft. width at Carmody Drive and a 200 ft. width
at the proposed entry drive. The approximate length is 300 ft.
Proponent shall submit a proposed plan to the watershed district for review and approval.
The vegetation is meadow grasses with an abundance of 3/4" to 1-1/2" saplings. The
drainageway contains mature trees, including Willows, Cottonwoods, Elm, and Boxelder.
The drainageway is at a significant enough scale to have a value as a significant
visual element, and a potential conservation/wildlife area. The remainder of the
site offers minimal wildlife habitat.
Staff has evaluated the layout of the site and has additional revisions to the plan
as illustrated below.
cx_v risA2m tc 3 -J
Figure #2
There are distinctive advantages and disadvantages to each plan as described below:
The proponent's revised plan:
1. Advantages:
-private drive connection through site
-garages not oriented to adjacent single family
-provision of additional green space for unit adjacent to single family
:vL
Planning Commission -4- December 23, 1982
Towers Addition
2. Disadvantages:
-two buildings do not have direct access to a public road
-encourages through-trips on private drives
-length and width of private drives constrains two-way traffic
-loss of open space
-increased amount of drives per unit (cost)
Revised plan as per Figure #2: •
1. Advantages: ,
-all units directly access public roads
-consolidation of open space in center of project
-lesser amount of private drives
-efficient use of utilities
2. Disadvantages:
-one unit is broadside to adjacent single family
-one unit has less green space towards adjacent single family
-no through drives to Mitchell Road
Ordinance Requirements
Both concepts have the same number of units and the same amount of acres. Although
conceptually, it appears both work within the confines of the Ordinance. For the sake
of comparison, the following information applies to the proponent's revised site plan:
Proposed Site: Site Area--6.75 acres
Gross Density--5.04 units per acre
Quads and Common Area--6.1 acres
Proposed Density--5.2 units per acre
Minimum Proposed Lot Size--4,200 sq. ft.
Maximum Proposed Lot Size--12,320 sq. ft.
Average Proposed Lot Size--5,563 sq. ft.
Single Family--0.65 acres
Old Farm Townhouses: Site Area--15.0 acres
Gross Density--5.3 units per acre
Minimum Proposed Lot Size + 4 = 6,513 sq. ft.
Maximum Proposed Lot Size + 4 = 8,203 sq. ft.
Average Proposed Lot Size + 4 = 6,865 sq. ft.
c?cioi‘A
Planning Commission -5- December 23, 1982
Towers Addition
The site plan and written material indicate Zoning Ordinance requirements are met or
exceeded with the exception of the required minimum lot size, lot width, lot depth,
and side yard setback. The average lot Size of the proposed site is less than the
Ordinance requirement, but the gross density of the quad site and the included
common area is appropriate to adjacent approved quad land use (Old Farm).
The proposed site plan meets parking requirements for both RM-6.5 and R1-13.5.
The proponent is indicating mutually shared access roads and drives. Proponent shall
submit to the City legal documentation substantiating such use. This information
shall be reviewed and recorded by the City prior to issuance of a building permit.
Landscaping
Prior to issuance of a building permit, a landscape plan must be submitted to the
City for review and approval. Staff recommends screening of parking areas from adja-
cent streets with berms and/or plant materials.
Single family detached housing (Deer Creek) lies to the south and east of the pro-
posed site. Staff recommends the placement of a vegetative buffer with berming along
all adjacent detached housing parcels. Plant material shall include both evergreen
and deciduous overstory trees.
The area designated "common," located north of the proposed residential lots, the
proponent has indicated for construction of a tot lot. Legal documents establishing
maintenance requirements, liabilities, easements, and other components relating to
this lot shall be filed and recorded by the City prior to issuance of a building
permit.
Architecture
An architectural framework manual is recommended. Special criteria regarding
architectural control evaluating types of materials, colors, windows, blank walls,
etc., shall be documented and submitted to the City for review and approval prior
to the issuance of the final plat.
Transportation
Access for the proposed site would be at Mitchell Road, Tower Land, and Carmody Driv
e
.
The extension of Tower Lane is beneficial from a fire safety standpoint as well as i
t
promotes public frontage to the quads, efficiency for utilities, and it lessens the
amount of private drives.
No pedestrian ways are illustrated on the proposed plan. With the development of
Deer Creek, a concrete sidewalk was approved north of Carmody Drive for its entire
length. The Parks, Recreation, and Natural Resources Commission should evaluate
the need for a sidewalk along Mitchell Road.
The planned road system can absorb the impact of the proposed land uses. Connection
of Anderson Lakes Parkway will significantly improve access to this area.
ZI
Planning Commission -6- December 23, 1982
Towers Addition
Utilities
The entire project would be serviced by sewer, water, and storm sewer. Proponent
shall submit to the City for review and approval a non-exclusive public easement over,
in, on, under, and across areas designated as common utility areas, documenting the
legalities for maintenance, inspection, repair, replacement, and alteration.
Proponent shall meet with the Engineering Department regarding sewer, water, drainage,
storm sewer calculations, etc. prior to the final plat.
Staff recommends underground pipe for the storm sewer in lieu of the existing drainage-
way. This revision should be coordinated with the revised roadway and building
orientation. Proponent shall submit to the City for review and approval plans for
treatment of the drainageway prior to the final plat.
Hydrant locations must be reviewed and approved by the Fire Marshall prior to the
final plat. Catch basins are to have bicycle safe grates installed.
E.A.W.
The Environmental Assessment Worksheet had been completed for the entire area in 1980.
Cash Park Fee
The Cash Park Fee shall be as required per City Code.
Recommendations
The Staff recommends approval of the layout noted as modified (Figure #2) subject to
the following conditions:
1. Formal legal documents be established for:
-Protective covenants and homeowners association
-Utility easements and conditions
-Driveway and private road easements and conditions
-Architectural controls
-Common ground maintenance, liability, etc.
-Signage
2. Proponent shall condition poor soil areas suitable to development standards.
3. Proponent shall submit a proposed plan to the Watershed District for review.
4. Proponent is required to submit to the City for review and approval prior to
building permit issuance, a landscape plan which screens all parking areas from
adjacent roads, and provides a buffer along adjacent detached housing areas.
Planning Commission -7- December 23, 1982
Towers Addition
5. Proponent shall meet with the Engineering Department prior to the final plat
regarding:
-Sewer, water, and drainage
-Storm water calculations
-Engineering plans for underground piped storm sewer in lieu of existing
drainageway
-Treatment of drainageway, i.e. grading limits, vegetation to be saved,
areas disturbed, etc.
-Hydrant locations
-Bicycle safe grates for catch. basins
6. Proponent shall be responsible for submitting required drawings and plans and
supplemental information prior to City Council review.
.2tiq
STAFF REPORT
Planning Commission
Stephen Sullivan, Assistant Planner
Chris Enger, Director of Planning
December 10, 1982
T. Michael Carmody
Towers Addition
East of Mitchell Road, north of Carmody Drive
1. PUD District Review for Medium Density Residential and Single
Family
2. ReZoning from Rural to RM-6.5 for 8 Quadraminium Buildings
and from Rural to RI-13.5 for 2 Single Family Lots
3. Preliminary Plat Review of 6.75 Acres for 8 Quadraminium
Buildings (32 units) and 2 Single Family Lots
4. Variances from Board of Appeals and Adjustments for Minimum
Lot Size, Width, Depth, and Side Yard Setback
TO:
FROM:
Tgam:
DATE:
APPLICANT
& FEE OWNER :
PROJECT:
LOCATION:
REQUESTS:
Planning Connission -2- December 10,1982
Towers Addition
BACKGROUND: Current zoning is Rural. The Guide Plan illustrates the site as
Residential Medium Density. The project is presently structured so
that the owner will sell the developed lots to a builder, who will stay with the
entire project from start to finish. The proposed completion of the project is Fall,
1983.
The site is platted differently than the typical townhouse situation. In lieu of
placing property lines adjacent to exterior building walls, thus providing mutual
site common areas, the proponent has proposed platting which includes the building
and a lot. Common areas are reduced and easements for common entry and drives are
utilized.
A letter instructing the proponent's attorney to draft a formal legal document establish-
ing architectural control, a townhouse owners' association, normal common wall easements,
utility easements, maintenance of common areas, and other components is part of the
file. These records will be reviewed by and recorded with the City prior to the
issuance of a building permit.
EXISTING SITE CHARACTER: The soil classifications per the Hennepin County Soil
Survey depicts the proposed site being of:
1. Dickman Sandy Loam--slight limitations for development; good bearing capacity.
2. Grey, Very Fine Sandy Loam--Poor to fair bearing capacity.
3. Hamel Loam--High water table; frost heaving; settling; moderate to severe
limitations for development.
Proponent shall condition poor soil areas on the proposed site by removal, surcharge,
design modifications, etc.
The existing topography consists of rolling hills. The north central area of the site
is the high point, with an elevation of 874. The site then slopes to the east and
west. To the east, running southwest to northeast, there is an overground drainageway
which ends at a catch basin located within the east central portion of the site.
This drainageway easement is at a 30 ft. width at Carmody Drive and a 200 ft. width
at the proposed entry drive. The approximate length is 300 ft.
Proponent shall submit a proposed plan to the Nine Mile Creek Watershed District for
review and approval.
The vegetation is meadow grasses with an abundance of 3/4" to 1-1/2" saplings. The
drainageway contains mature trees, including Willows, Cottonwoods, Elm, and Boxelder.
The drainagoway is at a significant enough scale to have a value as a significant
visual element, and a potential conservation/wildlife area. The remainder of the site
offers minimal wildlife habitat.
Planning Commission -3- December 10, 1982
Towers Addition
ORDINANCE REQUIREMENTS: Proposed Site: Site Area/6.75 acres
Gross Density/5.04 units per acre
Quads and Common Area/6.1 acres
Proposed Density--5.2 units per acre
Minimum Proposed Lot Size--4,200 sq. ft.
Maximum Proposed Lot Size--12,320 sq. ft.
Average Proposed Lot Size--5,563 sq. ft.
Single Family/0.65 acres
Old Farm Townhouses: Site Area/15.0 acres
Gross Density/5.3 units per acre
Minimum Proposed Lot Size:4=6,513 sq. ft.
Maximum Proposed Lot Size:4=8,208 sq. ft.
Average Proposed Lot Size:4=6,865 sq. ft.
The site plan and written material indicate Zoning Ordinance requirements are met or
exceeded with the exception of the required minimum lot size, lot width, lot depth,
•and side yard setback. Variances through the Board of Appeals and Adjustments will
be required prior to issuance of a building permit. The average lot size of the
proposed site is less than the Ordinance requirement, but the gross density of the
quad site and the included common area is appropriate to adjacent approved quad
land use (Old Farm).
The proposed site plan meets parking requirements for both RM-6.5 and R1-13.5.
The proponent is indicating mutually; shared access roads and drives. Proponent shall
submit to the City legal documentation substantiating such use. This information
shall be reviewed and recorded by the City prior to issuance of a building permit.
LANDSCAPING: Prior to issuance of a building permit, a landscape plan must be
submitted to the City for review and approval. Staff recommends
screening of parking areas from adjacent streets with berms and/or plant materials.
Single family detached housing (Deer Creek) lies to the south and east of the pro-
posed site. Staff recommends the placement of a vegetative buffer with berming
along all adjacent detached housing parcels. Pladmaterial shall include both
evergreen and deciduous overstory trees.
The area designated "common," located north of the proposed residential lots, the
proponent has indicated for construction of a tot lot. Legal documents establishing
maintenance requirements, liabilities, easements, and other components relating to
this lot shall be filed and recorded by the City prior to issuance of a building
permit.
ARCHITECTURE: An architectural framework manual is recommended. Special criteria
regarding architectural control evaluating types of materials, colors,
windows, blank walls, etc., shall be documented and submitted to the City for review
and approval prior to the issuance of the final plat.
‘2,(:)00
Planning Commission -4- December 10, 1982
Towers Addition
TRANSPORTATION: Access for the proposed site would be at Mitchell Road and Morgan
Lane for the quad units. A public cul-de-sac of approximately
350 ft. is attached to Morgan Lane. Private roads and driveways connect to the cul-
de-sac which services five of the eight quads. An entrance is proposed from Mitchell
Road to a private road which services the additional three quads.
Staff recommends the connection of the private drive between the quads serviced off
Mitchell Road and the others serviced off Morgan Lane.
Staff recommends the revision of the cul-de-sac to a through road connecting from
Morgan Lane to Carmody Drive. This revised route would require reorientation of the
southeast quad to the east. This public road would lie to the west of the relocated
quad. Proponent must meet minimum zoning regulations. This site plan change could
place the southeast quad within the current drainageway easement.
No pedestrian ways are illustrated on the proposed plan. With the development of
Deer Creek, a concrete sidewalk was approved north of Carmody Drive for its entire
length. The Parks, Recreation and Natural Resources Commission should evaluate the
need for a sidewalk along Mitchell Road.
The planned road system can absorb the impact of the proposed land uses. Connection
of Anderson Lakes Parkway will significantly improve access to this area.
UTILITIES: The entire project would be serviced by sewer, water, and storm
sewer. Proponent shall submit to the City for review and approval
a non-exclusive public easement over, in, on, under, and across areas designated
as common utility areas, documenting the legalities for maintenance, inspection,
repair, replacement, and alteration..
Proponent shall meet with the Engineering Department regarding sewer, water, drainage,
storm sewer calculations, etc. prior to the final plat.
Staff recommends underground pipe for the storm sewer in lieu of the existing drainage-
way. This revision should be coordinated with the revised roadway and building
orientation. Proponent shall submit to the City for review and approval plans for
treatment of the drainageway prior to the final plat.
Hydrant locations must be reviewed and approved by the Fire Marshall prior to the
final plat. Catch basins are to have bicycle safe grates installed.
E.A.W.: The Environmental Assessment Worksheet had been completed for
the entire area in 1980.
CASH PARK FEE: The Cash Park Fee shall be as required per City Code.
RECOMMENDATIONS: The Staff recommends approval of the project contingent upon
the following conditions:
2U(
lanning Commission
-5- December 10, 1982
lowers Addition
1. Formal legal documents be established for
:
-Protective covenants and homeowners' ass
o
c
i
a
t
i
o
n
-Utility easements and conditions
-Driveway and private road easements and
c
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d
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s
-Architectural controls
-Common ground maintenance, liability, e
t
c
.
-Signage
2. Proponent shall condition poor soil area
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.
3. Proponent shall submit a proposed plan t
o
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4. Variances requested shall be processed t
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ments for minimum lot size, width, dept
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approved prior to the issuance of a bui
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5. Proponent is required to suhmit to the Ci
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f
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building permit issuance a landscape plan
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adjacent roads, and provides a buffer al
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6. Site plan shall be revised with the conn
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shown.
7. The site plan shall be revised to connec
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Lane to Carmody Drive. Reorientation of
a
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meet Zoning requirements.
8. Proponent shall meet with the Engineerin
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plat regarding:
-Sewer, water, and drainage
-Storm water calculations
-Engineering plans for underground piped
s
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drainageway
-Treatment of drainageway, i.e. grading l
i
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,
areas disturbed, etc.
-Hydrant locations
-Bicycle safe grates for catch basins
POPHAM, HAIK, SCHNOBRICH. KAUFMAN & DOTY, LTD.
4344 IDS CENTER
MINNEAPOLIS. MINNESOTA 55402
TELEPHONE HOD TELECOPIER
812 -333 -4800
WAYNE G. POPHAm
RAYMOND A. HAIR
ROGER w. SCHNOBRICH
DENVER KAuFm•N
DAVID 5 GOT?
RODE," A. MINIS)!
RETLFE • WOODEN
0. MARC wHITEHEA0
BRUCE D WILLIS
FREW-MGR S R ,CHARDS
0. ROBERT JOHNSON
CART P TIACOmITER
ROBERT S. Bunn
HUGH V PLUNKETT. ZU
FREDERICK C T.IROwN
THOMAS K. BERG
BRUCE D. MALKERSON
JAMES R STE,EN
JAMES O. LOCKHART
ALLEN W HINDERAKER
CLIFFORD M. GREENE
0 WILLIAM KAUFMAN
DE5YL L PETERSON
MICHAEL 0 FREEMAN
THOMAS C DAOUILA
LARRY 0 ESPEL
JANIE S. MAYERON
DAVID A JONES
SALLY A JOHNSON
LEE C SHEEHY
LESLIE GILLETTE
MICHAEL T NILAN
ROBERT C MOILANEN
DAVID J ECIOVIST
CATHERINE A POLASKY
STEVEN G HEIKENS
KATHLEEN NI MARTIN
NANCY .) TURDAK
JOHN C. CHILDS
THERESA AMBRUSKO
DOUGLAS P SEATON November 3, 1982
.0E10 PETRO-LIwIS YOTRITR
DENVER. COLORADO 80202
TALE•mcwe AND re Lcco•Icot
303 -025 -2660
SUITE SOS -3000S STREET N w
WASHINGTON. D. C 20030
TELEPHONE AND TELEcoptEn
202-887-5154
City of Eden Prairie
Administrative Offices
8950 Eden Prairie Road
Eden Prairie, MN 55436
Gentlemen:
This letter is to inform you that T. Michael Carmody
and Quality Development, Inc., the developer and contrac-
tor respectively of the Deercreek Townhomes project, have
instructed the undersigned to draft appropriate townhome
documents for that project to provide the following:
1. The establishment of an architectural control
committee to insure uniform and aesthetically
pleasing development and ongoing maintenance
of the project.
. 2. The establishment of a townhome owners association
which will provide building maintenance, snow
removal, landscaping and lawn care maintenance, •
including lawn cutting for all lots in the project;
to insure that the development maintains a uniform
and aesthetically pleasing appearance. The associa-
tion will have assessment powers.
3. Normal common wall easements and agreements.
4. Necessary utility, water, sanitary sewer and drive-
way easements and driveway maintenance agreements.
.zs o
Very truly
mes R. Steilen
POPHAM, HAM, SCHNOBRICH, KAUFMAN & DOTY, LTD.
• City of Eden Prairie
November 3, 1982
Page Two
The developer and contractor have indicated that these
documents will be executed, recorded and implemented prior
to final approval of the plat application.
JRS/jmr
,:60q
Planning Commission Minutes
December 27, 1983
Members Present: Acting Chairman Liz Retterath, Virginia Gartner, Robert Hallett,
Grant Sutliff, and Hakon Torjesen
D. MICRO-ED, INC. Request for Interim Use of 0.67 acres of property zoned
as Rural for Office use. Located at 8108 Eden Road--the southwest
quadrant of the intersection of Single Tree Lane and Eden Road.
Staff reviewed the request of Micro-Ed, Inc. for an Interim Use for property
located within the Major Center Area (MCA), and reviewed the Staff Report
of December 21,.1982 with the Connission.
Mr. Brian Duoos, real estate agent for the proponent, spoke to the use of
the property and its suitability for the proposed use. Mr. Folwell
Esbensen spoke to the history of Micro-Ed as a company and the day-to-day
activities of the business proposed for this interim use.
Mr. Esbensen pointed out that there would be no "off-the-street"
trade for his business. All business was handled by mail order. The
business was currently run by seven people.
Planner Enger explained the purpose of interim uses in greater detail
as concerned the MCA. He added that the City Attorney was in the process
of preparing an ordinance for that purpose.
Planning Commission Minutes -5- December 27, 1982
DISCUSSION
Hallett questioned whether interim uses were necessary. He questioned
whether it would not be better to encourage owners of residential units
in the MCA to relocate their structures to other residential lots than
to allow for business uses in residential structures. It was pointed out
in discussion that the costs of relocating a structure such as this could
be quite substantial, and the actual value of the structure cannot be
recouped in this way.
Hallett also questioned whether allowance of such interim uses would slow
down the transition of the MCA to commercial uses if the residential
structures would be allowed to exist indefinitely. Planner Enger stated
that it was possible.
Planner Enger pointed out that, within the City's MCA, there were approxi-
mately 25 such possibilities for interim uses. Currently, four existed
within the MCA.
Mr. Duoos stated that, in his opinion, the City would not be facing many
"interim uses" in this area. It was his feeling that once one or more of
the major structures for the area, such as the hotel, were built, that
the "final" users of the properties within the MCA would simply buy the
residential structures with the land. Potential "final" users of the
land would be interested in long-term inventment of the land, not "interim
uses" as were necessary now. However, it would take the construction of one
of the major structures, he added.
Planner Enger stated that he felt the City would not face the prospect of
all 25 residences within the MCA requesting approval of interim uses; rather
it would be a fraction of that total.
Hallett stated that he felt one of the positive things about interim uses
was that it did allow the owner of the home to market his home under better
circumstances, ".get out of the home," so to speak when he chose.
The Commission discussed the matter of parking spaces available on-site
with the proponents. George Esbensen stated that he had spoken with several
blacktop contractors and had been told not to blacktop at this time. He
questioned whether the City would allow Micro-Ed to use the existing
parking areas "as is" then, if necessary, require additional parking to
be built at a later date.
MOTION
Motion was made by Gartner, seconded by Torjesen that the Planning Commission
recommend to the City Council approval of the request of Micro-Ed, Inc.
for an Interim Use of 0.67 acres of property zoned as Rural for Office use
within the Major Center Area, subject to the following conditions:
Planning Commission Minutes -6- December 27, 1982
1. Prior to the issuance of the Certificate of Occupancy permit,
' proponent must:
,-Have the structure inspected by the Building Department and meet
or exceed all Building Codes for office use.
-Submit landscape plans to the City regarding screening of the
parking area.
-Provide for additional parking to meet City Code requirements.
It will not be required at this time; however, should the City
determine a need exists for additional parking requirements,
Proponent shall install the parking spaces necessary at the
discretion of the City.
-Have the septic sewer and water systems evaluated by the Build-
ing Department.
2. The interim use agreement shall:
-Be for a period of three years.
-Be binding on the owners and not transferable.
-Upon termination of the term, rezoning or extension would be
reviewed by the City for continuation of the proposed use.
-Not be construed to express or imply special land use designation
for the property in the future.
3. Signage shall be consistent with the City Code.
Motion carried-5-0-0
Acting Chairperson Retterath declared a recess at 8:35 p.m.; the meeting
was reconvened at 8:45 p.m.
26-0
STAFF REPORT
Planning Commission
Stephen Sullivan, Assistant Planner
Chris Enger, Director of Planning
December 21, 1982
Micro-Ed, Inc.
2 ,
8108 Eden Road. The southwest quadrant of the intersection of
Single Tree Lane and Eden Road, south of Lake Idlewild
Richard & Twila Vosmek
Interim Approval for Use of a 6.7-acre Rural Property as Office
Use for a Three-year Period
TO:
FROM:
THROUGH:
DATE:
PROJECT:
LOCATION:
APPLICANT
& FEE OWNER:
'REQUEST:
1
I
81- 2 in—FE-7—
477:
4 ! A
Planning Commission -2- December 21, 1982 Micro-Ed, Inc.
Background
Since 1976, the Staff has been reviewing interim use requests based upon recommenda-
tions within the Major Center Area Planned Unit Development Report. Interim
uses have been allowed under the following conditions:
1. To provide for transitional uses within the Major Center Area without
detracting from single family neighborhood character or causing delay in
said property's rezoning to an appropriate district.
2. To consider all input from surrounding residents and/or landowners.
3. To insure adequate buffering/screening between the intended interim use and
adjacent properties.
4. To allow improvements only for safety or as normal upkeep maintenance; and
prevent enlargement of interim uses without proper zoning.
5. To require adequate hard surface parking to accommodate the intended use.
6. To limit signage thereby protecting the surrounding uses.
7. Require that interim uses are not transferrable with the sale of the
property. Sale of the property would nulify said interim use agreement.
Mayor Center Area Interim Land Use Agreements
Below is a list of interim land uses the City has approved on properties within the
Major Center Area:
Project
Location
Use Term
Dr. Belvedere
8430 Frani° Road
Dental Facility July 13, 1976 to
July 13, 1981
Bermel/Smaby
8110 Eden Road
Real Estate Office June 30, 1977 to
(Indefinite)
Dr. Lund
7928 Eden Road
Rental Office May 16, 1978 to
May 16, 1983
American Baptist
7928 Eden Road
Office May 15, 1979 to Homes
May 15, 1983
The proposed business is a mail-order, software producer for micro-computers. It would
support seven employees, six of whom are husband and wife couples. As stated in the
submitted written materials, no sales, routine deliveries, loading, or noise will be
1509
Planning Commission -3- December 21, 1982
Micro-Ed, Inc.
generated to or from the business site.
The existing zoning is Rural. The Guide Plan indicates Regional Commercial for the
site and the adjacent area. The Major Center Area report depicts the site as
Regional Service and Regional Commercial and Regional Office.
Existing Site Character
The site is adjacent to the Bermel/Smaby Real Estate Office. (The Bermel/Smaby
site is an interim land use within a residential structure.) The Cardarelle Office
Building is to the east of the site. To the west adjacent to the property is an
undeveloped parcel which is used for cash crops. To the north, a single family
residence is occupied.
The site contains a one story house with a basement and attached garage. The
proponent proposes that the first floor be used for office purposes and the basement
for storage. The building shall meet all Building Codes. The proponent shall arrange
for an inspection of the structure with the Building Department and receive approval
affirming conformance to Building Codes prior to issuance of the Certificate of
Occupancy permit.
Ordinance Requirements
If the proponent were to request rezoning to Office District, the site would conform
to ordinance setbacks, minimum lot sizes, and floor area ratio requirements with the
exception of the number of parking stalls required and parking within the setbacks.
Parking
The site currently has an asphalt drive and parking area. For office use, the City
Code requires five spaces/1,000 sq. ft. The structure is 1,196 sq. ft.; therefore,
six spaces would be needed. The proponent indicates a need for only three to four
spaces to acconnodate the proposed business. The existing site can accommodate three
cars outside and two cars within the garage.
The existing parking lot is also within the 35 ft. front yard setback. Due to the
shortage of parking spaces and minimum setback requirements, the proponent shall submit
a revised parking lot plan in accordance with office land use requirements. A possible
revision would be a 15 ft. drive, located ten feet south of the structure, into the
back yard to a lot accommodating four cars. Screening of the parking lot from the
adjacent single family residence would be required (see figure below).
075-10
Planning Commission
-4 - December 21, 1982
Micro-Ed, Inc.
Signage
Any signage must be consistent with City Code.
Landscaping
Proponent shall submit a landscape plan to the City for review and approval regarding
screening of the revised parking area prior to the issuance of the Certificate of
Occupancy permit.
Utilities
The structure currently is on septic system and private well. Sanitary sewer exists
along Eden Road. Utility assessments have been deferred. The Building Department
shall evaluate and approve on-site utilities prior to issuance of the Certificate
of Occupancy permit.
9251i
Planning Commission -5- December 21, 1982
Micro-Ed
Transportation
Eden Road is not paved adjacent to the site. Road improvements as well as the instal
l
a
-
tion of water and storm sewer are currently not scheduled. The traffic generated
from the proposed site places minimal influence on Eden Road.
No trails or sidewalks exist adjacent to the site.
Cash Park Fee
Cash Park Fee would be tpplicable at the time of rezoning.
Recommendations
The Planning Staff recommends approval of the proposed interim use by Micro-Ed, Inc.
contingent upon the following conditions:
1. Prior to the issuance of the Certificate of Occupancy permit, proponent must:
-Have the structure inspected by the Building Department and meet or exceed
all Building Codes for office use.
-Submit landscape plans to the City regarding screening of the parking area.
-Revise parking on the site to accommodate Ordinance requirements.
-Have the septic sewer and water systems evaluated by the Building Department.
2. The interim use agreement :
-Shall be for a period of three years.
-Shall be binding on the owners and not transferable.
-Upon termination of the term, rezoning or an extension would be reviewed
by the City for continuation of the proposed use.
-Shall not be construed to express or imply special land use designation for
the property in the future.
3. Signage shall be consistent with the City Code.
g5-0.
POD DEVELOPMENT FORM
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 83-24
A RESOLUTION APPROVING THE DEVELOPMENT OF PLANNED
UNIT, DEVELOPMENT AMENDMENT FOR EDENDALE #82-2
WHEREAS, the City of Eden Prairie has by virtue of City Code provided
for the Planned Unit Development (PUD) of certain areas located within the
City, and
WHEREAS, the Edendale PUD is considered a proper
amendment to the Prairie Village Professional PUD #79-14, and,
WHEREAS, the City Planning Commission did conduct a public hearing
on December 13, 1982 PUD Development and considered Eagle Enterprises'
request for approval for development (and variances) and
recommended approval of the requests to the City Council, and
WHEREAS, the City Council did consider the request on January 18, .
19 83
NOW THEREFORE BE IT RESOLVED, by the City Council of Eden Prairie,
Minnesota, as follows:
1. The Edendale development of POD Amendment #82-2
being in Hennepin County, Minnesota, and legally described
as outlined in Exhibit A, attached hereto and made a part
hereof.
2. That the City Council does grant PUD Development approval
as outlined in the application material dated 11/22/82
3. That the PUD Development meet the recommendations of the
Planning Commission dated 12-13-82
ADOPTED, by the City Council of Eden Prairie this day of
-, 1982.
Wolfgang H. Penzel, Mayor
ATTEST:
John D. Franc, City Clerk SEAL
. -I
Planning Commission Minutes
December 13, 1982
Members Present: Acting Chairman Liz Retterath, Virginia Gartner, Robert Hallett,
Dennis Marhula, and Hakon Torjesen
C. EDENDALE RETIREMENT RESIDENCE, by Twin City Christian Homes. Request
for Site Plan Review and amendmert to original PUD for Edendale Retire-
ment Residence upon 2.95 acres to construct a 61-unit, five-story, elderly
housing apartment. Located north of TH #5 and west of Prairie Village
MI and Prairie Village Professional Building. A public meeting.
Gerald Mundt, architect for the developers, stated that a meeting had
been held with the area residents. At that meeting, four items of adjust-
ment were agreed to by the developer at the request of the residents:
1. Construction of a berm and the addition of evergreen plantings
at the north area of the site.
2. An addition row of pines along the property line at the north
area of the site.
3. The entire building will be moved ten feet further to the south.
4. Site lighting will be designed to be no more than eight feet in
height.
51 q
Planning Commission Minutes -5- December 13, 1982 Meeting
Planner Enger presented the Staff Report to the Commission, pointing out
that the visual impact of the site had been reduced significantly by the
proposed plan.
DISCUSSION
Acting Chairman Retterath requested that the minutes reflect the receipt
of letters from Jerry and Juanita Beauvais and the Jim Dale Family, area
residents, regarding the site proposal.
Hallett questioned the population figures for the City for people over the
age of 60. Planner Enger stated that per the latest census, the City of
Eden Prairie had 1,600 people over the age of 63.
Hallett questioned what the unit rent price would be for residents. Bruce
Farrington, Twin City Christian Homes, stated that the prices would be
based on fair market value, a figure to be established by the Federal
Housing and Urban Development (HUD).
Gartner questioned whether the project would be limited to low income
citizens. Mr. Farrington stated that this was generally true. However,
if an exception would be made, it would be authorized by HUD.
Marhula asked what the history of the guiding had been for this site.
Staff responded that the site had been zoned for this use in 1978; prior
to that time, the land had been designated for commercial use.
Hallett questioned whether the walkway system connected to the Round Lake
Walkway system. Staff responded that it did in the vicinity of Lake Trail
Estates.
Pastor James Schmidt, 7526 Carnelian Lane, stated that he had not been
contacted for any of the neighborhood meetings. His lot was located to
the west-northwest of the proposed structure. Pastor Schmidt stated that,
while he had no major objections to the project as proposed, he, too, as
the residents to the north, would appreciate additional buffering between
his home and the proposed structure. Mr. Farrington stated that he would
be happy to work with Pastor Schmidt to mitigate the situation.
MOTION
Motion was made by Marhula, seconded by Torjesen, that the Planning Commission
make the following recommendation to the City Council:
That the request of Twin City Christian Homes for Site Plan approval
and PUP amendment for the Edendale Retirement Residence, located
upon 2.95 acres, for a 61-unit, five-story elderly, housing apartment,
located north of TH #5 and west of Prairie Village Mall and Prairie
Village Professional Building, be approved, subject to the following
conditions:
2'5
Planning Commission Minutes -6- December 13, 1982 Meeting
1. A landscape plan must be submitted to the City prior to building
permit issuance, which provides buffering to the single family h
o
m
e
s
to the north and west in the following manner:
Six foot high evergreen trees along the northern and western
boundaries and clusters of twelve foot high evergreens atop
a ten foot high earthen berm to be located north and north-
west of the building.
2. All parking on the site shall be screened from differing, adjace
n
t
land uses and public roads.
3. The first floor elevation shall be 895 or less.
4. The building height should not exceed 45 feet.
5. Watershed District approval shall be required prior to any sit
e
grading.
6. Site lighting shall be designed to be no more than eight feet i
n
height, as agreed to with the neighboring residents.
Motion carried--5-0-0
as ltp
Planning Commission
Chris Enger, Director of Planning
DeceMber 10, 1982
APPLICANT: Twin City Christian Homes
FEE OWNER: Eagle Enterprises
PROJECT: Edendale Retirement Residence (61 units of Elderly Housing on 2.95
acres
REQUEST: Site Plan Amendment to PUD 79-14
LOCATION: West of 'Prairie Village Mall, north of TH Highway 5
BACKGROUND:
The site was approved as a PUD and rezoning from Rural to RM-2.5 was approved in
1979. The site was originally approved for a 45-unit building, which was to be three
stories in height with a top elevation of 932. The approved building occupied
approximately 13,000 sq. ft. per floor and was located 108 feet from the northern
property line.
The proposed plan, which has been approved for Federal Assistance, is 61 units, five
stories in height, with a top elevation of 940. The proposed building will occupy
approximately 8,800 sq. ft. per floor and is located 150 feet from the northern
property line. Distance to the west property line (Christ Lutheran Church) is
40 feet, the same as the original.
VISUAL IMPACT:
Looking from the residence directly north toward the original building, 125 feet of
the flat plane of the building would have been visible. The current proposal presents
a 60 foot flat plane toward the north.
Looking from the home northwest of the building toward the southeast would have
presented a 125 foot flat plane of the original building. The current building does
not extend into that same plane. The home to the northwest is the only home oriented
toward the portion of the site to be developed.
The proposed five-story building conforms to City Code with regard to height (45 feet).
Furthermore, since the building is smaller in area and 42 feet further south than
the original building, the line of site to the top of the new building (940) compared
to the old building (932) taken from an eye level at the property line of the northern
lot, is the same or slightly lower than, the original building.
PARKING: —
Twenty-nine parking spaces are provided, which exceeds Minnesota Housing Finance
MEMO
TO:
Tkom:
DATE:
Planning Conmission -2- December 10, 1982
Edendale Retirement Residence
Agency (MHFA) standards for an elderly project by 14. MHFA requires one space per
four units for an elderly project. In addition, there is more than adequate area
on the site for additional spaces, if necessary.
LANDSCAPING:
The developer is proposing 6 foot high evergreen trees along the northern and
western boundaries and clusters of 12 foot high evergreens atoo a 10 foot high
earthen berm to be located north and northwest of the building. This will help
to reinforce some of the existing natural vegetation, as will the number of
small evergreens that have already been planted as a buffer to the single family
residential areas.
CONCLUSIONS:
1. The site plan amendment is consistent with the intent of the original plan.
The building is only 8 feet higher (top elevation) than originally contemplated,
while the distance from the northern property line has been increased by 42
feet, or 39Z. The building area has been reduced by 33% and building mass
oriented directly toward residential areas has been reduced between 50-100%.
2. The additional 16 units is consistent with Eden Prairie's Housing Assistance
Plan and Community Development Block Grant Housing Goals.
RECOMMENDATIONS:
Planning Staff recommends approval of the PUD site plan amendment subject to the
following conditions:
1. A landscape plan must be submitted to the City prior to building permit issuance,
which provides buffering to the single family homes to the north and west.
2. All parking on the site shall be screened from differing, adjacent land uses and
public roads.
3. The first floor elevation shall be 895 or less.
4. The building height should not exceed 45 feet.
5. Watershed District approval is necessary prior to any site grading.
12/2/82
To the members of the EDEN PRAIRIE PLANNING COMMISSION.
Our names are Jerry and Juanita Beauvais. And, in our absence,
we would like to comment on the Senior Citizen Housing Project
proposed for the area adjoining the Prairie Village Mall.
As a reference, our property is at 7735 Meadow Lane, slightly
to the East of the proposed site and on its Northern boundary.
We, as our neighbors to the West, Mark and Cheryl Grubb, realize:
The need for Senior Citizen Housing
The City's desire for it.
And, the property owner's right to build it.
Yet, nothing is simple, and we do have a concern.
That concern is PRIVACY....Not an anti-social form of privacy,
but a privacy which one comes to expect after 10 years residency
as a single family homeowner in a small residential neighborhood
located in a suburb of the BIG CITY.
in the not to distant future, we will walk out our back door....
sit on the deck....look slightly to the West....and WHAM",
see a 5-story building with approximately 4-stories in direct line
of sight and, maybe, 30 people looking into the "Beauvais Zoo".
Justifiable or not. .it's frightening.
Well, "That's where we're com'n from".
Now, to the purpose of this Epistle.
Gerald Hunt, architect for the property owners, and Lance Norderhaus
of Eagle Enterprises meet with the Grubbs and ourselves to review
the proposed plan. (Which, by the way, was greatly appreciated by us.)
Changes were made and we would appreciate, in our absence, the
Commission's reconfirming these changes and approving if you so
agree.
1) The Building to be moved a minimum of 10 feet closer to
Hwy. 5.
Purpose: to reduce sightlines and "Monolithic Mass" as much
as possible.
,2.619
-2-
2) "Clump-planting" of appropriate variety of trees.
Purpose: To reduce sightlines from the building to our
homes. Also, we are to be consulted at time
of planting and trees should be of sufficient
size to accomodate the purpose.
3) A line, of an appropriate variety of Pines or similiar, to
be planted along the Northern lot lines of both the Grubb's
and ourselves. Specifically, along the undeveloped areas
on the site which directly front our homes.
Thanking you, in advance:
erry'and Juanita Beauvais.
25-,2()
wtt
Die •
RerEA--4Q
- - - •eCe/el•'(-- 72A-I _ 44
/114/744.
_
_•
_
_lx;.<7 to-o-cc _
frtY 7 c_47 '197 _
\-e---t-t_ •
Q.
_ ,it,z-Y<Ac LL.v -4 tite
_ _ _ 6111ZEt•Lc IA- jo
• J -
-;t4P-Y A.4 C(.1-, g4:71 04-4. &-d -V .e-TA 644.-
c/CA-Ga,, ko -vvt-cv-.
-
.
$ (11.00
(69.6
Postage-Homestead cards
813.41 ,
Payroll 12/31/82
9,004.2
Payroll 12/31/82
3,918.34
Payroll-4th quarter 1982
23,140.44
Payroll 12/21/82
Liquor
Wine
975.6
Wine
1,654.26
Liquor
4,084.54
Wine
174.27
Liquor
Wine
2,182.5i
Wine
116.5
Liquor
3,182.5H
Freight charges-Liquor Stores
30.0 .7.•
Wine
85.6t
Wine
934.1c
Wine 55.1.r,t4
Car ventilators-Canine Unit
32.04
Conference-Fire Dept. 450.64 •
January 1983 rent-Liquor Store/Preserve
Teen Volunteer program
69.(4
Conference-Building Dept. 300.4
Service-Prairie Center Drive S.W. & W 78th St. 80,445.
Floor tape-ç Sprvices 16.:. •
Ski trip-Rqt —0 468.c :•
Land
28,050.
Wine
1,732.u .:
Printing-Rec Dept.
January 1983 rent-Liquor Store/Prairie Village 2,512.Y
Wine
Wine
Wine
Liquor
Liquor
Wine
Liquor
Wine
Liquor
Wine
Advertising-Liquor Store/Preserve
Service-Community Services
Service-Water Supply Wells 4, 5 & 6
Service-City West Parkway
Service-Water Treatment Plant
Service-Prairie Center Drive
480.1.
1,174.:
273.2
2,362.6.
1,513.4
60.(
500.
1,000.t
2,000.Y
January 18, 1983
STA', OF MINNESOTA
CITY OF EDEN PRAIRIE
COUNTY OF HENNEPIN
The following accounts were audited and allowed as follows:
9499
VOID OUT CHECK
3498
VOID OUT CHECK
5605
HOPKINS POSTMASTER
5606
FEDERAL RESERVE BANK
5607
COMMISSIONER OF REVENUE
5608
DEPARTMENT OF EMPLOYEE RELATIONS
5609 PERA
5610
ED. PHILLIPS & SONS •
5611
CAPITOL CITY DISTRIBUTING
5612
OED PEORIA COMPANY, INC.
5613
GRIGGS, COOPER & CO.
5614
INTERCONTINENTAL PACKAGING CO.
5615
JOHNSON BROTHERS WHOLESALE
5616
TWIN CITY WINE
5617
EAGLE WINE CO.
5618
BELLBOY CORPORATION
561 0
NEISON ENTERPRISES
5E
MIDWEST WINE CO.
5621 MARK VII SALES
5622
PRIOR WINE CO.
5623
MM/EN & CO.
5624
INTERNATIONAL FALLS FIRE
5625
SUPPLEE'S 7 HI ENTERPRISES, INC.
5626
ANGELA HARRINGTON
5627
UNIVERSITY OF MINNESOTA
5628
NORTHDALE CONSTRUCTION CO.
5629
WINSTON COMPANY INC.
5630
AFTON ALPS
5631
EARL R. MORE & HELEN MORE
5632
MIDWEST WINE CO.
5633
INSlY PRINTS
5634
NORTHCO LIMITED
5635
TWIN CITY WINE CO.
5636
INTERCONTINENTAL PACKAGING CO.
5637
CAPIIOL CITY DISTRIBUTING
5638
GRIGGS, COOPER & CO. INC.
5639
MINNESOTA DISTILLERS, INC.
5640
PAUSTIS & SONS
5641
ED. PHIELIPS & SONS CO.
5642
EAGLE WINE CO.
5643
JOHNSON BROTHERS WHOLESALE
55,44
01,0 PIORIA COMPANY, INC.
SPORES & ASH ION IORE CAST
5646
DUANE 001 BERT
5647
A. K. CONSTRUCTION CO.
5648
BARBAROSSA & SONS
5649
bARBAR0SSA & SONS, INC.
5650
BUSING BROIHERS TRUCKING, INC.
Page two
January 18, 1983
56t), MINN-KOTA EXCAVATING INC. Service-Well Collector Line 10,000.0
5652 NORTHDALE CONSTRUCTION CO. Retainer fee-Westwood Industrial Park 19,568.,:
5653 NORTHDALE CONSTRUCTION CO. Retainer fee-Prairie Center Drive 41,342.'
5654 NORTHDALE CONSTRUCTION CO. Service-Prairie Center Drive
5655 PROGRESSIVE CONTRACTORS, INC. Service-Technology Drive & Mitchell Road 74,463.
5656 AASHTO Book-Engineering Dept.
1,365.:
7
3.7'
5657 ASLA 1983 dues-Park Planning
5658 ACRO-MINNESOTA, INC. Office supplies
5659 TRICIA ADAM Refund-Rec Dept.
5660 TIM ALBERTS Equipment repair-Water Dept.
5661 STU ALEXANDER December mileage
5662 AMERICAN LINEN SUPPLY CO. December service-Liquor Store/Preserve
5663 EARL F. ANDERSEN & ASSOC., INC. Street signs
16°24ft
631.1
5664 ARMOR SECURITY INC. First quarter alarm service-Senior Center
5665 ASPLUND COFFEE CO. Concession stand supplies-Community Center 156.0
90.0
5666 ASTLEFORD EQUIPMENT CO., INC. Windshield wiper motor 64.0 .
5667 AUTOTRAAC DIAGNOSIS & REPAIR Speedometer tests 20.0
5668 B R W Service-Anderson Lakes Parkway 4,054.5
5669 BORCHERT-INGERSOLL, INC. Equipment parts-Equipment maintenance
'
.5,
5670 BRAUN ENGINEERING TESTING Service-Atherton & Kilmer Ave., Mitchell Road 756.7'
& Technology Drive, Valley View Road
5671 PAUL BROWN Sports official 413.0
5672 THOMAS BROWN Uniform allowance
5671 BRYAN ROCK PRODUCTS, INC. Gravel-Street Dept.
5 BUTCH'S BAR SUPPLY Supplies-Liquor Stores
56/3 CAPITOL ELECTRONICS, INC. Equipment repairs-Radio System
E.C.'
859,C
5676 CAROLYN CASSOLA Instructor-Guitar 672.r
5677 CHANHASSEN BUMPER TO BUMPER Spark plugs, oil filters, heater, battery, 1,527.7
5678 CHANHASSEN LAWN & SPORTS Helmet, plugs-Forestry Dept. 60.5
5679 COMMISSIONER OF TRANSPORTATION Service-Prairie Center Drive 2,454.c.
5680 CONWAY FIRE & SAFETY, INC. Air breathing tanks-Fire Dept. 2,000.1
5681 COPY EQUIPMENT INC. Drafting tables-Engineering Dept. 563.;
5682 COUNTRY CLUB MARKET, INC. Supplies-City Hall 47.!" :
5683 CUTLER-MAGNER COMPANY Quicklime-Water Dept. 3,591.'
5684 WARD F. DAHLBERG January 1983 expenses 80.0
5685 DALCO Cleaning supplies 258.;
5686 DEALER AUTOMOTIVE SERVICES Rear window defroster
.
45.c
5687 EUGENE A. DIETZ December expenses. 159.'
5688 DORHOLT PRINTING Office supplies 286.'
5689 LINDA DRASE Refund-Ski trip 4.0
5690 DRISKILL'S SUPER VALU Concession supplies-Community Center 229.
5691 EDEN PRAIRIE SCHOOL DISTRICT Fuel-Street Dept. 4,531.'
5692 EDEN PRAIRIE SCHOOL DISTRICT December custodial service 1,230.;
5693 EDEN PRAIRIE SCHOOL DISTRICT Drafting supplies-Community Services 66.1
5694 ELK RIVER CONCRETE PRODUCTS Concrete-Street Maintenance 95.4 .
5695 JEFFREY ELWELL December mileage 13.7
5696 ENERGY-SAVINGS PRODUCTS Ceiling fans-Fire Dept. 750.0
5697 EARL J. FINLAYSON Supplies-Engineering Dept. 17.,
r-1
FIRE INSTRUClOn ASSN Books-Eire Dept.
FIRE SAFETY & COMMUNICATIONS Faceshields-Fire Dept.
95.:
78.(
5700 FLAHERTY'S HAPPY TYME CO. Supplies-Liquor Store/Preserve - 56.:
5701 FLYING CLOUD OIL CO. Diesel fuel-Street Maintenance, Fuel-Historical 3,552. .
Culture Building
5702 JAN FLYNN December mileage & supplies-Senior Center 81.(
Page three
January 18, 1983
57,- PAUL FOSS PRINTING
5704 FOX, MCCUE & MURPHY
5705 G & K SERVICES
5706 GENERAL ELECTRIC CO.
5707 GENERAL OFFICE PRODUCTS CO.
5708 JACK HACKING
5709 KAREN HARRIS
5710 HASTINGS BUILDING CO.
5711 HAYDEN-MUPHY EQUIPMENT CO.
5712 LORI HELMER
5713 HENDRICKSON BROS. INC.
5714 HENNEPIN COUNTY TREASURER
5715 JOY HERRINGTON
5716 HOLMSTEN ICE RINKS, INC.
5717 HONEYWELL INC
5718 HOPKINS DODGE SALES, INC.
5719 HOPKINS PARTS CO.
5720 LEE HYATT
5721 INTERDESIGN INC
5722 IBM
5723 INTERNATIONAL CONFERENCE OF BLDG.
5724 INTERNATIONAL SOCIETY OF ARBOR.
5725 INTERNATIONAL SOCIETY OF FIRE
57 9 0 MRS. ELAINE M. JACQUES
5 CARL JULLIE
57L6 JUSTUS LUMBER COMPANY
5729 KARULF HARDWARE INC.
5730 TOM KEEFE
5731 KRAEMERS HOME CENTER
5732 LAHASS MEG. & SALES, INC.
5733 M.E. LANE, INC.
5734 LARRY LANGE
5735 LEEF BROTHERS INC.
5736 LINO LAKES LANDSCAPING
5737 DAN LOUISANA
5738 MARSHALL & SWIFT PUBLICATION CO.
5739 JAMES MATSON
5740 PETER MCINTOSH
5741 MEDICAL OXYGEN & EQUIPMENT
5742 METRO FONE COMMUNICATIONS
5743 MIDLAND PRODUCTS COMPANY
5744 MINNESOTA GAS COMPANY
.5745 MINNESOTA CHAPIER-IAAO
5746 MINNESO1A HISIORICAL SOCIETY
ri MINNESOTA PARK SUPERVISOR ASSOC.
MINNESOTA STATE FIRE CHIEFS
5749 M-V GAS COMPANY
5750 MODERN TIRE CO.
5751 PAULA MOLLAHN
License stickers-Finance Dept.
165.0-
Audit
3,000.1
December service-Towels, Jackets-Water Dept.
101.
Portable radio, antenna's-Police Dept.
1,499.1 .
Office supplies
26.i
Expenses
42.2!
Instructor-Exercise classes
1,160.
Service-Staring Lake Park Shelter
Cylinder repair-Equipment maintenance
100.;
Service-Rec Dept. 10.0
City Hall remodeling
440.1
Service-County Road 4 & County Rd 60
251.7:
December mileage
31.1;
Hose reel-Community Center
210.0
Maintenance agreement-Water Dept.
Equipment parts
16.3'
Equipment parts
53.0'
Hockey official
44.0.
Service-P/S & P/W Building
2,419.7
Office supplies
Books-Building Dept.
243.5!
1933 dues-Forestry Dept.
60.0
1983 dues-Fire Dept.
40..0;
Straw bales-Park Dept.
34.5
Expenses
35.0,
Lumber-City Hall remodeling
303.7:
Lead anchors, screws, de-icer, paint brushes,
953.4•
hooks, pledge, concrete, tape, salt, clamp
fixtures, shelf brackets, rivets, paint, locks,
gas can, funnel, wood glue, sandpaper, putty,
varnish, fuses, caulk, nails, bolt cutters
Sports official
Shovels, paint-Water Dept.
Motor, equipment parts
Insurance
Refund-Snow tubing
December service-rugs
Refund-Fire Hydrant deposit
Refund-snow tubing
Forms-Assessing dept.
Uniform allowance
Refund-snow tubing
Oxygen-Fire Dept.
January 1983 service-pagers
Concession supplies-Community Center
Service
1983 dues-Assessing Dept.
Micro-Fiche 3.11. Cummings diary
1983 Dues-Park Dept.
1983 dues-Fire Dept.
Fuel-Senior Citizens Center
Equipment parts
Refund-Rec Dept.
131.0
125.i
192.1
29.0
208.1
40.E,
6.0
300.o
19.E •
149.E
811.E,
558.E
80.,
1,08B..
15..
50.
95.i
21.1
Sand
186.9
1983 Dues-Police Dept. 12.0! •
Books-Fire Dept. 185.3!
Fitness awards-Community Center
145.9
Red lights-Police Dept. 138.4'
Service 1,389.2 ,
Service-Valley View Road
Service 3,968.0.
Polymer-Water Dept
Instructor-Exercise class
Construction paper-Community Center
Refund-snow tubing
Legal service-Metro Contracting
December mileage
Consulting Service-Prairie Center Drive
Postage meter rental
Plaques-Council & Community Center
Refund-Building permit
Trophies-Community Center
Install electrical circuits-Senior Citizens
Office supplies
Car wash powder-Fire Dept.
Payroll 1/7/83
Payroll 1/7/83
Payroll 1/7/83
Dues
Payroll 1/7/83
Payroll 1/7/83
Payroll 1/7/83
Payroll 1/7/83
Sharpen zamboni blades-Community Center
ID cards-Police Dept.
ID card protectors-City Hall
Volleyball official
Exercise bikes-Community Center
Equipment rental-Sewer Dept.
Refund-Exercise class
Service-Westwood Industrial Park, Autumn
Woods, Homeword Hills Road, Arbon Glen,
Duck Lake Road, Valley View Road, Franlo Road
& Preserve Blvd., Prairie Center Drive, Meadow
Park
Service-Community Center
Sludge hauling-Sewer Dept.
Ads-Liquor Stores
Portable restrooms
Equipment parts
Oil, grease, hydraulic fluid
Breathalyzer test kits-Police Dept.
Equipment repair & parts-Police Dept.
Service-Research Road
Supplies-Liquor Store/Preserve
Equipment parts-Fire Dept.
2,788.6
2,525.0
25.01
13.0(
1,104.0
270.0::
60.5
61.40
30.511
36.0C
449.0
7.1:
10,152.E,
4,293.2'
71.5c
532.C.
8,744.7: .
40.0
108.0
2,473.(
171.2
6.0 , ,
36.7 ,
36.0.
650.0
85.0
19.0
25,910.L
10.0! .
869.
158.4
247.!
399.:
138.L
10.v
50.0:
Page four
January 18, 1983
575c WM. MUELLER & SONS INC.
5753 NATIONAL CRIME PREVENTION INST.
5754 NATIONAL FIRE PROTECTION ASSOC.
5755 NEFF COMPANY
5756 NOREN PRODUCTS, INC.
5757 NORTHERN STATES POWER CO.
5758 NORTHERN STATES POWER CO.
5759 NORTHWESTERN BELL TELEPHONE CO.
5760 VOID OUT CHECK
5761 OLIN WATER SERVICES
5762 CHRIS PALM
5763 PAPER CONVERTING CORP
5764 HEATHER PAULING
5765 PERBIX, HARVEY & THORFINNSON
5766 CONNIE PETERS
5767 TIM PIERCE & ASSOC., INC.
5768 PITNEY BOWES INC. >
5769 PLAQUES PLUS INC.
5770 PLYMOUTH PLUMBING
5771 POMMER MFG. CO ., INC.
5772 PRAIRIE ELECTRIC COMPANY
5773 PRAIRIE OFFICE PRODUCTS
5774 QUAL-CHEM INDUSTRIES, INC.
57" FEDERAL RESERVE BANK
5; COMMISSIONER OF REVENUE
5777 UNITED WAY OF MINNEAPOLIS
5778 INTERNATIONAL UNION
5779 PERA
5780 MINNESOTA STATE RETIREMENT
5781 AETNA LIFE INSURANCE
5782 GREAT WEST LIFE ASSURANCE
5783 R & R SPECIALTIES INC.
5784 RAINBOW SIGNS, INC.
5785 RAPID COPY, INCORPORATED
5786 FRED RAZAVI
5787 GARY REIERSON
5788 REXNORD SAFETY PRODUCTS
5789 JACKIE RIEDY
5790 RCM
5791 KEVIN ROHE
5792 RUCKI TRUCKING CO.
5793 SAILOR NEWSPAPERS, INC.
5794 SATELLITE INDUSTRIES INC.
5795 SHAKOPEE FORD, INC.
W GORDON SMITH CO.
DON STREICHER GUNS INC.
5798 SUBURBAN CHEVROLET
5799 SULLIVANS SERVICES, INC.
5800 SUPPLEE ENTERPRISES, INC.
5801 SUTPHEN CORPORATION
Page five
January 18, 1983
5802 TIERNEY BROTHERS, INC.
5803 CARRIE TIETZ
5804 GWEN TREAT
5805 TRUCK OUTFITTERS, INC.
5806 TWIN CITY PICTURE FRAMING
5807 TYPE HOUSE+DURAGRAPH
5808 VALLEY EQUIPMENT CO.
5809 VALLEY INDUSTRIAL PROPANE, INC
5810 VAUGHN'S INCORPORATED
5811 MIKE VIENGAR
5812 SANDY WERTS
5813 WESTERN AREA FIRE TRAINING
5814 WILCO PUBLISHING CO.
5815 WILSON TANNER CORPORATION
5816 HEATHER WURTZ
5817 XEROX CORPORATION 7
5818 YOU AND ME, BABY
5819 ZIEGLER, INC.
5820 BUD DAMON
5821 ROBERTS LITHO, INC.
5822 HOPKINS POSTMASTER
5823 ARKAY CONSTRUCTION COMPANY
Tape for kroy lettering machine-Police Dept 90.4'
Service-Park 8 Recreation Commission meeting 42.6
Refund-ski trip 4.0.
Parts-Park Maintenance 4.1'
Frame guide plan map-Planning Dept. 130.4
Supplies-Community Services 18.0
Alternator-Equipment maintenance 85.0
Gas cylinders-Community Center 286.0
Flags-Water Dept. 152.0
Basketball official 8.C.
December mileage 27.4:
1983 NAFTA Dues 1,241.0 -
Book,Rec Dept. 16.0.
Signs-Round Lake Park 120.0
Refund-ski trip 4.0c
Service 221.2
. Books-Community Center 49.5
Tires-Street Dept 960.1,
Service-Community Services 30.0'
Printing-Winter brochure 3,895.3'
Postage-Utility Bills 159.3
Service-Eden Prairie City Services 295,567.0
TOTAL $871,769.7
2 1.;
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 83-16
The City Council of the City of Eden Prairie hereby designates
as the Director and
as the Alternate Director of the Suburban Rate Authority for 1983.
ADOPTED by the City Council of the City of Eden Prairie on
this day of January, 1983.
Wolfgang H. Penzel, Mayor
ATTEST:
John D. Frane, Clerk
26-Al
Ross L. Thorfinnson,/Jr.,
Ipdividually
7/1111.4/./Z-/M1
tTrife- Shimoko as
Chief Executive Officer and
President of Kabuki, Inc.
CONSENT BY AGENT
WHEREAS, Kabuki, Inc., a Minnesota corporation has applied to
the City of Eden Prairie for a liquor license for the operation of
a liquor establishment at 6534 Flying Cloud Drive, Eden Prairie,
Minnesota 55344; and
WHEREAS, the City of Eden Prairie requires a natural person
to act as agent on behalf of any corporation applying for a liquor
license within the city limits; and
WHEREAS, Ross L. Thorfinnson, Jr., is desirous of acting as
agent on behalf of Kabuki, Inc., relative to said liquor license.
Ross L. Thorfinnson, Jr„ an individual hereby consents as follows:
1. To act as an agent on behalf of Kabuki, Inc. relative to
the application for the liquor license and retention of the same.
2. To be fully responsible for the conduct of the licensed
premises.
3. To serve as agent for receipt of any and all notices from
the City of Eden Prairie, or other entities, or service of process
on behalf of Kabuki, Inc. relative to said liquor license.
It is understood by and between the parties to this consent
. that Ross L. Thorfinnson, Jr., at the time of entering into this
agency relationship is a resident of the City of Eden Prairie, said
residence being located at 1l060 Northmark Drive, Eden Prairie,
Minnesota, and it being further understood that any liquor license
obtained as a result of the application by Kabuki, Inc., and the
consent exhibited by this document shall be subject to revocation
in the event Ross L. Thorfinnson, Jr., removes his residence from
the city limits of Eden Prairie.
MEMORANDUM
10: Mayor and City Council
FROM: City Manager Carl J. Jullie
SUBJECT: Suggestions for Long-Range City Goals
DATE: January 13, 1983
At Mayor Penzel's suggestion, this is a listing of long-range goals which Councilmembers
may wish to review and discuss at your pleasure:
1) Look for ways to help the City deliver its services more efficiently,
including the use of residents time and talents in helping provide
some services. Also look for ways to cut paperwork and fully utilize
data and word processing equipment.
2) A new review of the City Guide Plan and careful updating of the City
Code to assure its ongoing utilization and effectiveness.
3) Implement the "Reserve Fund" system for IRB financing and look at the
Small Business Administration's 503 loan program for small business.
4) Consider a Charter Study Committee which would investigate and make
recommendations on the pros and cons of a Home Rule Charter for Eden
Prairie.
5) Develop preliminary plans and a timetable for a relocation of City
Hall to near the City Services buildings at Mitchell Road and Highway
5. Other City building needs such as fire stations should also be
included in this action plan.
6) Explore and implement ways to fully utilize Cable TV access.
7) Keep pressure on Mn/DOT on TH 169 and TH 5.
8) Develop new capital improvements program for needed road projects
throughout the City.
9) Work towards legislative changes in local government aid and fiscal
disparities formulas which are detrimental to Eden Prairie.
10) Work closely with the Chamber of Commerce and help wherever possible
with programs to promote growth and quality development, especially in
the Major Center Area.
The Council may wish to add to or delete from this list and set priorities and time
lines wherever appropriate.
CJJ:jp
2'1)9
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 ''
January 13, 1983
Edenvale Parkland Commitments
In 1970, Edenvale, Inc. entered into a PUD agreement with the City of Eden Prairie.
As a part of that Planned Unit Development, Edenvale committed to dedicating six
parcels of land for public open space and park use. This dedication was to complete
the park dedication requirements for all property within the Edenvale PUD.
In 1978, the City Council questioned the status of the park dedication from Edenvale.
At that time, Edenvale presented the City with deeds to five of those sites. The
deeds were dated December 1977; however, when the City tried to file the deeds, it
was discovered that over $150,000 of specials and taxes hadn't been paid on those
parcels. The Cityacquiredfour of the parcels through the tax forfeiture procedure
in 1980. The remaining two parcels (one referred to as public office area - 15
acres, and public buffer at shopping area - 2 acres) remain the property of Edenvale
or Equitable Life Assurance Society.
The City of Eden Prairie has not charged cash park fees on any parcels within Eden-
vale from 1970 through 1982, because Edenvale was to dedicate approximately 70.6
acres of parkland. Edenvale, in fact, has not dedicated parkland (dedication means
transferring title free and clear of taxes and assessments), and has given up approx-
imately $300,000 in cash park fees over the last twelve years.
The '15 acre park that was to be dedicated within the "public office area" has been
referred to as Cdenvale East and is located southwest of Stewart Highlands. This
again is another parcel located in an area of unstable soils that will no doubt
eventually be forfeited to the State of Minnesota for payment of back taxes. The
only existing access to this property via a snail parcel south of Stewart Highlands
and on the east boundary of this site that is also presently owned by Equitable
Life Assurance Company. In a supplement to the original PUD, Don Peterson, then of
Edenvale, Inc., indicated that this "1.1 acres of higher ground on the cast side of the
15 acres" area would also be dedicated to the City as part of this park. This is the
only area within the site that has stable soils. Equitable is now requesting the City
pay approximately $.42 a square foot for this two acre site.
That site is apparently necessary for future road right of way and is still necessary
for access to the 15 acre future park site.
Quite obviously Edenvale, Inc. did not live up to the commitments for park dedication
from the original PUD; therefore', City staff would recommend that the City charge
the cash park fee for all land remaining to be zoned within the original Edenvale
PUD. Staff would estimate cash park fees based on the existing ordinance for this
remaining land would generate approximately S247,,000 in cash park fees.
Staff would also recommend the Council pursue the legality of charging park fees
on all remaining undeveloped parcels that have he en platted and zoned as those
parcels would also generate nearly $150,000 in park fees.
2M0
-2-
The following is a reference to the parcels committed to as referred to in the
original Edenvale PUD and their existing status:
1. Public - northwest 5 acres (Outlot G,Edenvale 3rd). Present status -
acquired tax forfeit 1980.
2. Public Triangle - 8.4 acres (Outlot H, Edenvale 3rd) acquired tax forfeit
1980.
3. Public Office Area - 15 acres (future Edenvale East park site) presently
owned by Equitable Life Assurance.
4. Public Buffer at Shopping Area - 2 acres (the location of this parcel
was never defined) still owned by Equitable Life Assurance.
5. Public School Park Site - 22-acres (Edenvale Park also referred as
Outlot J, 3rd Addition) acquired tax forfeit 1980.
6. Public Purgatory Creek - 17.7 acres (Edenvale Park, also referred to as
Outlot J, 3rd Addition) acquired tax forfeit 1980.
BL:md
21A
January 18, 1983
CITY OF UDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R83-19
RLSOLUTION APPROVING AGREEMENT REGARDING
SPECIAL ASSESSMENT, SUNDQUIST ADDITION
WHEREAS, the Arbor Glen subdivision improvements are planned for
construction beginning in the spring of 1933;
WHEREAS, the sanitary sewer connection for the Arbor Glen subdivision
must pass through the Sundquist Addition;
WHLREAS, the owner . of the Sundquist Addition has requested that
utility and street improvements within his property be delayed because of
marketing conditions; and
WHEREAS, the City Attorney has prepared an agreement which will
accommodate the City's and the Owner's needs regarding installation of the
aforementioned sower.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDEN PRAIRIE:
1. The special assessment agreement for the construction of
the sanitary sewer through the Sundquist Addition is
approved.
•
2. The Mayor and City Manager are authorized to execute said
agreement.
ADOPTED by the Eden Prairie City Council on January 18, 1983.
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Franc, Clerk
24),"2
MEMORANDUM
TO: Mayor and City Council Members
THROUGH: Carl Jullie, City Manager
FROM: Eugene A. Dietz, Director of Public Works
DATE: January 11, 1983
RE: Special Assessment Agreement/Sundquist Addition
The property owners of the Arbor Glen subdivision have petitioned for ut
i
l
i
t
y
and street improvements on their property. The route of the sanitary se
w
e
r
to serve the Arbor Glen subdivision runs to the south through the approv
e
d
duplex subdivision known as Sundquist Addition. Although the property o
w
n
e
r
of the Sundquist Addition has previously petitioned for improvements to
h
i
s
property, the market for duplex housing has curtailed somewhat and his r
e
q
u
e
s
t
to postpone the improvements Was honored. In addition to the postponem
e
n
t
of those improvements, there is a possibility that the property may be
s
u
b
-
mitted for replatting to a housing form which is more readily marketabl
e
.
Because the 2 projects are out Of sequence, I found it necessary to neg
o
t
i
a
t
e
a method to construct the sanitary sewer improvements through the Sundq
u
i
s
t
Addition. The attached agreement is a result of that process and essen
t
i
a
l
l
y
builds the sanitary sewer in the same route as originally planned. It
w
a
s
determined that even if a replatting was contemplated, the easterly nor
t
h
/
south street would remain in the same location. The owner will be resp
o
n
s
i
b
l
e
for the total cost of the sanitary sewer through his property just as
h
e
would have been without this agreement. The only difference is that
t
h
e
City contract will perform enough of the grading of the roadway so as
t
o
eliminate the possible disruption of the sanitary sewer at a future da
t
e
.
Additionally, the assessment for this segment of the sewer would be as
s
e
s
s
e
d
over a 17 year period as opposed to a 5 year period for the balance of
t
h
e
project. In return, Mr. Sundquist will be providing utility easements
t
h
r
o
u
g
h
his property at no cost and of course is taking the risk that the utiliti
e
s
will put some constraints on any potential replatting that he may contem
p
l
a
t
e
.
This agreement is straightforward and generally meets the needs of both
parties involved. I therefore recommend approval and execution of the d
o
c
u
m
e
n
t
.
EAD:sg
21 "33
AGREVMF.NT REGARDING SPECIAL ASSESSMENTS
This is an agreement made this day of
19 . , among the City of Eden Prairie, a Minnesota municipal
corporation (the "City"), and Nils E. Sundquist, a single person,
(the "Owner"), (the "Agreement").
A. Owner is the owner of certain real property situated
fn the City of Eden Prairie, County of Hennepin, State of Minnesota,
legally described as Lots 1 through 29, Block 1 and Lots 1 through
,17, Block 2, Sundquist Addition (the "Property").
B. City on October 20, 1981 by Ordinance 81-16 approved the
rezon'ing of the Property from Rural to R116.5 and by Resolution
131-174 approved the platting of the Property. On the same date
City and Owner entered into a Developer's Agreement regarding the
Property.
C. Owner has submitted to the City a 100% petition for the
installation by City of certain improvements for sanitary sewer
but since the submission of that petition has requested that the
City not proceed because of adverse market conditions and a potential
replotting being considered by Owner.
D. There is currently before City a proposal to rezone and
plat certain property situated to the north of the Property and
known as the proposed B.F.K. Addition, which property is legally
described on Exhibit "A" hereto.
E. The proponents of the B.F.K. Addition have petitioned
City for improvcments which require the installation of sanitary
sewer (the "Improvements") through the Property. Owner and City
have agreed to the construction of the Improvements through the
Property pursuant to the following agreements.
AGREEMENTS
It is hereby agreed as follows:
1. Owner consents to the construction of the Improvements
through the Property to serve the proposed B.F.K. Addition. Owner
I
Page -2- .
also consents to the preliminary grading and subgrade correction
of the street under which the Improvements will be installed prior
to installation so that the Improvements will not have to be
disturbed for street construction in the future.
2. Owner agrees that the location of the Improvements shall
be determined by the City's consulting engineer RCM. ,
3. Upon determination by RCM of the location of the Improve-
ments, Owner shall convey to City a 20 foot utility easement over,
under and across the Property for the installation and maintenance
of the Improvements.
. A. Owner agrees that City may construct, install or perform
or cause to be constructed, installed and performed all work and
the furnishing of all materials and equipment in connection with
the installation of the Improvements and may assess against the
Property the entire costs of the Improvements made upon the Property.
The Improvements shall be installed to City' t satisfaction and
approval and the entire cost of the Improvements, including all
engineering, legal and administrative costs incurred by City
relating to the Property shall be assessed against the Property
in accordance with a method of assessment selected by the City.
5. Owner waives all rights to any hearing regarding the
Improvements and assessments therefore. Owner agrees to make no
objection to, or appeal of, such special assessments.
6. City and Owner agree that the special assessments for the
Improvements made upon the property shall be payable in equal annual
installments over a 17 year period upon levying of the assessments.
7. City agrees to pay for the cost of sanitary sewer off
the Property necessary to Connect the existing lift station to the
Improvements.
8. Owner shall not be entitled to any service connection
for the Property to the Improvements until Owner obtains City
approval to replat the Property or advises the City that development
of the Property will take place without replatting,
Page -3-
9. . Owner waives all rights he has by virtue of
M
i
n
n
e
s
o
t
a
Statutes 5429.081 or otherwise to challenge the
a
m
o
u
n
t
o
f
v
a
l
i
d
i
t
y
of the assessments, or the procedures used by t
h
e
C
i
t
y
i
n
l
e
v
y
i
n
g
the assessments and hereby releases the City, i
t
s
o
f
f
i
c
e
r
s
,
a
g
e
n
t
s
and employees from any and all liability relati
n
g
t
o
a
n
d
a
r
i
s
i
n
g
out of the levying of the assessments.
10. This Agreement shall be binding under the heir
s
,
successors and assigns of the party's hereto.
11. This Agreement may be executed in several coun
t
e
r
p
a
r
t
s
,
each of which shall be an original and all of
w
h
i
c
h
s
h
a
l
l
c
o
n
s
t
i
t
u
t
e
but one and the same instrument. One original
s
h
a
l
l
b
e
f
i
l
e
d
w
i
t
h
the office of the County Recorder and/or Regis
t
r
a
r
o
f
T
i
t
l
e
s
,
w
h
i
c
h
-
ever is applicable.
IN WITNESS WHEREOF, the parties have caused this
a
g
r
e
e
m
e
n
t
to be executed as of the day and year first st
a
t
e
d
.
17 E. Siind'quis
THE CITY OF EDEN PRAIRIE
By:
• Wolfgang H. Fenzel, Its Mayor
By: Carl J. Jullie, Its City Manager
STATE OF MINNESOTA) „
COUNTY OF HENNEPIN)-''
The foregoing instrument was acknowledged befor
e
r
e
t
h
i
s
day of..'
, 19 , by Wolfgang H. Fenzel, Mayor ..nd Carl J.
City Manager of -TEe City of Eden Prairie, a municipal corporat
i
o
n
,
behalf of the corporation.
Notary Public
STATE OF MIWNESOTA )
COUNTY OF
The foregoing instrument was acknowledged befo
r
e
this day et
19 by Nils E. Sundquist.
14,-5E7iii-157J6I1-6
}Ali 1.3.1 T_ "A"
10 HE Pt 2O;[ 10 R1-13
That part of the Northeast ouarter
o
f
S
e
c
t
i
o
n
1
0
,
T
o
w
n
s
h
i
p
1
1
6
,
R
a
n
g
e
22,
Hennepin County, Minnesota descri
b
e
d
a
s
f
o
l
l
o
w
s
:
'
Beginning at the northeast corner
of the Northwest Quarter of
the Northeast Quarter of said Section 10; thence south to
a
point distant )50 feet north hum
t
h
e
s
o
u
t
h
e
a
s
t
c
o
r
n
e
r
t
h
e
r
e
o
f
;
thence west 790.4 feet; thence s
o
u
t
h
t
o
t
h
e
n
o
r
t
h
l
i
n
e
o
f
'
..County Road Number 60; thenc
e
w
e
s
t
a
l
o
n
g
,
s
a
i
d
r
o
a
d
t
o
t
h
e
w
e
s
t
line of said Northeast Quarter;
t
h
e
n
c
e
n
o
r
t
h
t
o
t
h
e
n
o
r
t
h
l
i
n
e
thereof; thence east to the point
o
f
b
e
g
i
n
n
i
n
g
.
Except that part of the Northeast
Q
u
a
r
t
e
r
o
f
S
e
c
t
i
o
n
3
0
,
T
o
w
n
s
h
i
p
1
1
6
,
R
a
n
g
e
22. Hennepin County, Minnesota descr
i
b
e
d
a
s
f
O
l
o
w
s
:
Comnencing at the northwest corn
e
r
o
f
s
a
i
d
N
o
r
t
h
e
a
s
t
Q
u
a
r
t
e
r
.;
thence on an assumed hcaring of
S
o
u
t
h
0
d
e
g
r
e
e
s
0
1
m
i
n
u
t
e
s
1
5
seconds fast along the west line
o
f
s
a
i
d
N
o
r
t
h
e
a
s
t
Q
u
a
r
t
e
r
a
distance of 793.00 feet to the p
o
i
n
t
o
f
b
e
g
i
n
n
i
n
g
o
f
t
h
e
l
a
n
d
to he described; thence North 89
d
e
g
r
e
e
s
5
8
m
i
n
u
t
e
s
4
5
s
e
c
o
n
d
s
fast p distance of 112.00 feet; th
e
n
c
e
S
o
u
t
h
4
6
d
e
g
r
e
e
s
3
9
minutes 41 seconds Fast a distanc
e
o
f
1
1
5
.
0
0
f
e
e
t
;
t
h
e
n
c
e
S
o
u
t
h
56 degrees 52 .minu1es 46 seconds fast a distan
c
e
o
f
1
3
8
.
0
0
f
e
e
t
;
thence South 70 degrees 3) minutes 78 seconds fast a distance
of 140.60 feet: thence South 58 de
g
r
e
e
s
0
5
m
i
n
u
t
e
s
.
2
3
s
e
c
o
n
d
s
east a distance of. 60.00 feet; the
n
c
e
N
o
r
t
h
5
3
d
e
o
r
e
e
s
4
0
minutes 37 seconds fast a distanc
e
o
f
1
5
0
.
0
1
'
f
e
e
t
;
t
h
e
n
c
e
southeasterly a distance of 311.7
2
f
e
e
t
a
l
o
n
g
a
n
o
n
t
a
n
g
e
n
t
i
a
l
curve, concave to the southwest
,
h
a
v
i
n
g
a
c
e
n
t
r
a
l
a
n
g
l
e
of 28
degrees 56 minutes 10 seconds,
a
r
a
d
i
u
s
o
f
6
)
7
.
2
3
f
e
e
t
a
n
d
a
chord bearing of South 20 degrees
0
9
m
i
n
u
t
e
s
40 seconds fast;
thence South 5 degrees 41 minut
e
s
3
5
s
e
c
o
n
d
s
F
a
s
t
,
t
a
n
g
e
n
t
t
o
said curve, to the north line of County Road No. 60; thence
westerly along said north line to
s
a
i
d
w
e
s
t
l
i
n
e
o
f
t
h
e
Northeast Quarter; thence North 0
d
e
g
r
e
e
s
0
1
m
i
n
u
t
e
s
1
5
seconds West along said west li
n
e
t
o
t
h
e
p
o
i
n
t
o
f
b
e
g
i
n
n
i
n
g
.
ARIA 10 Ht. Rf7ONFD TO Rh 6.5 '
That part of the Northeast Quarter
o
f
S
e
c
t
i
o
n
1
0
,
T
o
w
n
s
h
i
p
1
1
6
,
Range 22,
Hennepin County, Minnesota descri
b
e
d
a
s
f
o
l
l
o
w
s
:
Commencing at the northwest corn
e
r
o
f
s
a
i
d
N
o
r
t
h
e
a
s
t
Q
u
a
r
t
e
r
;
thence on an assumed bearing of
S
o
u
t
h
D
d
e
g
r
e
e
s
0
1
m
i
n
u
t
e
s
1
5
seconds fast along the west line of said Northeast Quarter a •
distance of 793.00 feet to the po
i
n
t
o
f
b
e
g
i
n
n
i
n
g
o
f
t
h
e
l
a
n
d
to be described; thence North 89
d
e
g
r
e
e
s
5
8
m
i
n
u
t
e
s
4
5
s
e
c
o
n
d
s
East a distance of 112.00 feet; the
n
c
e
S
o
u
t
h
4
6
d
e
g
r
e
e
s
3
9
minutes 41 seconds fast a distan
c
e
0
1
1
5
.
0
0
f
e
e
t
;
t
h
e
n
c
e
S
o
u
t
h
56 decrees 52 minutes 46 second
s
f
a
s
t
a
d
i
s
t
a
n
c
e
of 138.00 feet;
thence South 70 degrees 32 minutes 78 seconds fast a dist
a
n
c
e
of )40.60 feet; thence South 58 deg
r
e
e
s
0
5
m
i
n
u
t
e
s
2
3
s
e
c
o
n
d
s
fast a distance of 60.00 fret; the
n
c
e
N
o
r
t
h
5
3
d
e
g
r
e
e
s
4
0
minutes 37 seconds East a distan
c
e
o
f
1
5
0
.
0
1
f
e
e
t
;
t
h
e
n
c
e
southeasterly a distance of 311.7
2
f
e
e
t
a
l
o
n
g
a
n
o
n
t
a
n
o
e
n
t
i
a
l
Curve, concave to the southwest, haviny a central angle of 28
' degrees 55 minutes 10 se:onds, a radius of 617.23 feet and a
chord heating of South 20 decree'
s
0
9
m
i
r
m
u
t
e
s
4
0
s
e
c
o
n
d
s
f
a
s
t
;
thence South 5 degrees 41 minu
t
e
s
3
5
s
e
c
o
n
d
s
f
a
s
t
,
t
a
n
g
e
n
t
t
o
said curve, to the north line of C
o
u
n
t
y
R
o
a
d
N
o
.
6
0
;
t
h
e
n
c
e
. westerly altnin said north lin
e
t
o
s
a
i
d
w
e
s
t
l
i
n
e
of the
Northeast Quartero thence North 0
d
e
g
r
e
e
s
0
)
m
i
n
u
t
e
s
1
5
seconds Nest along said west ii
t
i
e
t
o
t
h
e
p
o
i
n
t
of beginning.